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HomeMy WebLinkAbout01-6408 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY~ PENNSYLVANIA GEORGE E. CARRIGER and DOROTHY E. CARRIGER 106 Heisey Avenue P.O. Box 167 Rheems, PA 17570-0167 Plaintiffs VS. STEELTON CAPITAL, LTD. 5250 Simpson Ferry Road Suite 330 Mechanicsburg, PA 17055-3514 and GEORGE J. GARCIA 5250 Simpson Ferry Road Suite 330 Mechanicsburg, PA 17055-3514 CIVIL ACTION NO. 01- CoqC CONFESSION OF JUDGMENT TO THE PROTHONOTARY: Pursuant to the authority contained in the warrant of attorney, a true and correct copy of which is attached to the Complaint filed in this action, I, appear for the Defendants and confess judgment in favor of the Plaintiffs and against the Defendants as follows: Principal and Interest Due Attorneys' Commission (5%, plus costs) Subtotal: Additional Costs of Suit $23,938.40 $864.50 $24,802.9O $114.50 Statutory Interest (6% per annum) from Date: 11/12/01 Amount: Total: Respectfully submitted, Dated: November 13, 2001 Paige l¢facdonald-Matthes, Esquire Pa. I.D. No. 66266 Paula D. Shaffner, Esquire Pa. I.D. No. 43542 Saul Ewing LLP Two North Second Street, 7~ Floor Harrisburg, PA 17101 (717) 238-7675 Attorneys for Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY~ PENNSYLVANIA GEORGE E. CARRIGER and DOROTHY E. CARRIGER 106 Heisey Avenue P.O. Box 167 Rheems, PA 17570-0167 Plaintiffs VS. STEELTON CAPITAL, LTD. 5250 Simpson Ferry Road Suite 330 Mechanicsburg, PA 17055-3514 and GEORGE J. GARCIA 5250 Simpson Ferry Road Suite 330 Mechanicsburg, PA 17055-3514 CIVIL ACTION COMPLAINT FOR CONFESSION OF JUDGMENT AND NOW, comes Plaintiffs, George E. Carriger and Dorothy E. Carriger, by and through their counsel, Saul Ewing LLP, and file their Complaint pursuant to Pa. R.C.P. No. 2951(b) for judgment by confession and aver the following: 1. The Plaintiffs George E. Carriger and Dorothy E. Carriger ("Plaintiffs") are residents of the Commonwealth of Pennsylvania, residing at 106 Heisey Avenue, Rheems, PA. 2. The Defendant, Steelton Capital, Ltd. CSteelton") is a Pennsylvania business corporation having its principal place of business located at 5250 Simpson Ferry Road, Suite 330, Mechanicsburg, PA 17055-3514. 3. The Defendant George J. Garcia CGarcia") is Chairman of Steelton and a resident of the Commonwealth of Pennsylvania. 4. On or about Apr{1 8, 1998, Steelton signed a Note reflecting Steelton's commitment to repay a fifteen thousand dollar ($15,000) loan received from Plaintiffs. A true and correct copy of the April 8, 1998 Note is attached as Exhibit "A". Steelton agreed to pay fourteen percent simple interest on the Note and to repay the principal within one year. 5. Garcia signed a personal guarantee of Steelton's obligations. See Exhibit "A". 6. On or about October 8, 1999, Steelton and Garcia made similar commitments for increased amounts of money by signing additional Notes and personal guarantees when the original loan was not repaid. True and correct copies of the additional Notes are attached hereto as Exhibit "B". 7. On or about April 18, 2000, yet another Note and Guarantee were executed to reflect the additional sums due Plaintiffs by virtue of Defendants failure to pay the principal and interest on the earlier Notes. A true and correct copy of the April 18, 2000 Note and Guarantee are attached hereto as Exhibit "C". 8. On or about April 18, 2000, Steelton and Garcia made a commitment to pay Plaintiffs Seventeen Thousand Seven Hundred Fifty Six Dollars and Eighty Eight Cents ($17,756.88) by May 18, 2000. Payment was not made. 9. Thereafter, payment under the Note was extended informally through February 18, 2001 with Defendants continuing to add interest through the extensions in a "Payoff Calculation". By December 19, 2000, Defendant owed Twenty One Thousand One Hundred Eighteen Dollars and Eighty Eight Cents ($21,118.88). A tree and correct copy of the "Payoff Calculation" prepared by Defendants in January 2001 is attached hereto as Exhibit 628~2.2 11/9101 -2- 10. Defendants have failed, and continue to fail to pay Plaintiffs the principal and interest due under the Note. 11. Defendants' failure to pay Plaintiffs constitutes a material breach of the Notes and Guarantees. 12. By letter dated July 20, 2001, Plaintiffs' counsel advised Defendants of their default and Plaintiffs intention to confess judgment. A true and correct copy of which is attached hereto as Exhibit "E". 13. The Notes and Guarantees authorize Plaintiffs to confess judgment against Defendants for the amounts due, plus interest as stated, costs of suit and reasonable attorneys' fees not to exceed five percent of the principal of the Notes. 14. The collective sum due for principal and interest is $23,938.40. This sum is broken down as follows: Amount calculated via Payoff Calculation through February 19, 2001 $21,118.88 Interest at 18% from 2/19/2001 through 11/12/01 $2,819.52 15. Judgment has not been entered in any jurisdiction on the attached instruments. 16. The attached instruments have not been assigned. 17. The judgment by confession sought by Plaintiffs is not against a natural person in connection with a consumer credit transaction. 18. The additional costs for attorneys' fees and costs of suit is as follows: (a) Attorneys' Fee 5% on $15,000 $750.00 (b) Filing Fees $14.50 628842,2 11/9~1 -3- (c) Sheriff's service costs $100.00 19. Defendants' failure to pay the principal, interest and other charges payable to Plaintiffs under the Notes and Guarantees provides Plaintiffs with the authority to file this Complaint. WHEREFORE, Plaintiffs, George E. Carriger and Dorothy E. Carriger, respectfully request that this Honorable Court enter judgment by confession against the Defendants for monetary damages as authorized by the attached instruments in the sum of $24,802.90, plus post-judgment interest and cost of suit. Respectfully submitted, Dated: November 13, 2001 Paige l~Iacdonald-Matthes, Esquire Pa. I.D. No. 66266 Paula D. Shaffner, Esquire Pa. I.D. No. 43542 Saul Ewing LLP Two North Second Street, 7~ Floor Harrisburg, PA 17101 (717) 238-7675 Attorneys for Plaintiffs 628842.2 I 1/9/01 -4- Received 06/10/2001 O9:04PM in 01:32 on Line [0] for SUPERVISOR UORKSRV1 printed BOOSD3B5 on 06/10/2001 86/10/2801 28:87 3673987 JILL TROSTLE $17,100.00 Commonwealth of l)ennsyivanla DATE: 09:06PM * pg 1/3 PAGE 81 Having received fifteen thousand i$15,000.00) dollars, the undersigned STEELTON CAPITAL, LTD. a Dehware corporation, promises to pay* seventeen thousand one hundred ($17,100.00) dollars - payable in twelve (12) equal interest only payments of $175.00 per month, beginnin~ one (1) month from the date hereof - being fourteen (14%) percent ~imple interest only; and to repay the principal sum of $17,100.00 twelve (12) months from the date hereof - but in no event less than :$17,100.00, this being a discount note - to GEORGE E. AND DORO*I'RY E. CARRIGER, 106 Heisy Avenue, P.O. Box 167, Rheems, PA 17570, or et such other place as the holder hereof may, from time to time, designate in writing. In the event of default in the payment when due and the continuance of such default for a period of fifteen (15) days after written notice, (by certified or registered mail or band delivery), of such default is re~iv~d, this Note shall bear interest at the rate of eighteen (18%) percent simple interest until paid. Presentment of payment, notice of dishonor, protest, and notice of protest are hereby waived. The maker of this Not~ hereby authorizes and empowers any attorney of any Court of record, upon default to appear in any Court having jurisdiction, and for it and in its name, to confess judgment against it, in favor of the holder of this Note and for the amount then due on the Note, plus interest as hereinabove stated, costs of suit, and a reasonable attorney's fee not to exceed five (5%) percent of the p~incipal amount of this Note. Stay of execution is hereby waived and the exemption of personal property from levy and sale on any execution is also expressly waived. STEELTON CAPITAL. LTD. 5250 Simpson Fe~ ry Road Suite 330 Mechanicsburg, PA 1705~3~14 Received 06J10/2001 09:04PM in 01:32 on Line [0] for SUPERVISOR WORKSRV1 printed BOOSO3B5 on 06/10/2001 JILL TROSTLE 86/18/2881 28:87 3673987 09:06PM * pg 3/3 PAGE 83 GUARA]V TY The undersigned does hereby unconditionally personally guaranty payment of the attached $17,100.00 note (the '*Note'*) of Steetton Capital, Ltd. Presentment of payment, notice of dlshonor, protest, and notice of protest are hereby waived. The guarantor of this Note hereby authorizes and empOwerS any attorney of any Court of record, upon default to appear in any Court having jurisdiction, and for him and in his name, to confess judgment against him, in favor of the holder of this Note and for the amount then due on the Note, plus interest as hereinabove stated, costs of suit, and a reasonable attorney*S fee not to exceed five (5%) percent of the principal amount of this Note. Stay of execution is hereby waived and the exemption of personal property from levy and sale on any exeeutmn In also expr~sly waived. 5250 Simpson Ferry Road Suite 330 Mechaniesburg, PA 1705~-3514 $16,871.80 Commonwealth of Pennsylvania DATE: 8 October 1999 Having received sixteen thousand three hundred and eighty dollars and thirty- eight (38) cents ($16,380.38), the undersigned STEELTON CAPITAL, LTD., a Delaware Corporation, promises to pay sixteen thousand eight hundred seventy-one dollars and eighty (80) cents ($16,871.80) two (2) months from the date hereof- this being a discount note - to GEORGE E. AND DOROTHY E. CARRIGER, 106 Heisey Avenue, P.O. Box 167, Rheems, PA 17570, or at such other place as the holder hereof may, from time to time, designate in writing. In the event of default in the payment when due and the continuance of such default for a period of fifteen (15) days after written notice, (by certified or registered mail or hand delivery), of such default is received, this Note shall bear interest at thc rate of eighteen (18%) percent simple interest until paid. Presentment of payment, notice of dishonor, protest, and notice of protest are hereby waived. The maker of this Note hereby authorizes and empowers any attorney of any Court of record, upon default to appear in any Court having jurisdiction, and for him and in his name, to confess judgment against him, in favor of the holder of this Note and for the amount then due on the Note, plus interest as herein above stated, costs of suit, and a reasonable attorney's fee not to exceed five (5%) percent of the principal amount of this Note. Stay of execution is hereby waived and the exemption of personal property from levy and sale on any execution is also expressly waived. STEELTON CAPITAL, LTD. By: Chairman 5250 Simpson Ferry Road Suite 330 Mechanicsburg, PA 17055-3514 GUARANTY The undersigned does hereby unconditionally personally guaranty payment of the attached $16,871.38 discount note (the "Note") of Steelton Capital, Ltd. Presentment of payment, notice of dishonor~ protest, and notice of protest are hereby waived. The guarantor of this Note hereby authorizes and empowers any attorney of any Court of record, upon default to appear in any Court having jurisdiction, and for him and in his name, to confess judgment against him, in favor of the holder of this Note and for the amount then due on the Note, plus interest as herein above stated, costs of suit, and a reasonable attorney's fee not to exceed five (5%) percent of the principal amount of this Note. Stay of execution is hereby waived and the exemption of personal property from levy and sale on any execution is also expressly waived. GEORGE J. GARCIA 5250 Sitnpson Ferry Road Suite 330 Mechanicsburg, PA 17055-3514 Discount Note $17,756.88 Commonwealth of Pennsylvania DATE: 18 April 2000 Having received Seventeen thousand four hundred ninety-four ($17,494.46) dollars, the undersigned STEELTON CAPITAL, LTD., a Delaware Corporation, promises to pay seventeen thousand seven hundred fifty-six dollars and eighty, eight ($17,756.88) one (!) month from the date hereof- this being a discount note - to GEORGE E. AND DOROTHY E. CARRIGER, 106 Heisey Avenue, P.O. Box 167, Rheems, PA 17570, or at such other place as the holder hereof may, from time to time, designate in writing. In the event of default in the payment when due and the continuance of such default for a period of fifteen (15) days after written notice, (by certified or registered mail or hand delivery), of such default is received, this Note shall bear interest at the rate of eighteen (18%) percent simple interest until paid. Presentment of payment, notice of dishonor, protest, and notice of protest are hereby waived. The maker of this Note hereby authorizes and empowers any attorney of any Court of record, upon default to appear in any Court having jurisdiction, and for him and in his name, to confess judgment against him, in favor of the holder of this Note and for the amount then due on the Note, plus interest as herein above stated, costs of suit, and a reasonable attorney's fee not to exceed five (5%) percent of the princiPal amount of this Note. Stay of execution is hereby waived and the exemption of personal property from levy and sale on any execution is also expressly waived. STEELTON CAI By: ~ Ch~air~ ',ITAL, LTD. 5250 Simpson Ferr,, Road Suite 330 Mechanicsburg, PA 17055-3514 GUARANTY The undersigned does hereby unconditionally personally guaranty payment of the attached $16,17,494.46 discount note (the "Note") of Steelton Capital, Ltd. Presentment of payment, notice of dishonor, protest, and notice of protest are hereby waived. The guarantor of this Note hereby authorizes and empowers any attorney of any Court of record, upon default to appear in any C.ourt h.aving · . · ' , and for him and in his name, to confess judgment against him, in jurisdiction. . .......... nt then due on the Note, plus favor of the holder of this Note aha for inc amu,~ interest as herein above stated, costs of suit, and a reasonable attorney's fee not to exceed five (5%) percent of the principal amount of this Note. Stay of execution is hereby waived and the exemption of ~ersonal property from levy and sale on any execution is also expressly waive¢ GEORGE J. ~AARCIA 5250 Simpson Ferry Road Suite 330 Mechanicsburg, PA 17055-3514 Agreed upon payoff figure as of 19 December 2000 · Principal $15,000 · Interest $ 5,484 Extension Date - 19 February 2001 Per Diem rate of lnterest 20.484 = 360 5;3.687.12 fvearl $10.24 day Payoff Figure on or before Extension Date $15,000.00 · Principal · Interest · thru 18 December 2000 = 5,484.00 · 19 Dec thru 19 February 2001 · 62 days X $10.24 Per Day 634.88 $20,484 EWING P A~ORNEYS AT LAW COPY PAULA D. SHAFFNER Phone: (215) 972-8695 Fax: (215) 972-1915 pshaffner@saul.com www.saul.com July 20, 2001 CERTIFIED MAIL AND U.S. FIRST CLASS MAIL George J. Garcia, Esquire 5250 Simpson Ferry Road Suite 330 Mechanicsburg, PA 17055-3154 Re: NOTICE OF DEFAULT OF NOTE PAYABLE TO GEORGE E. AND DOROTHY E. CARRIGER Dear Mr. Garcia: We represent George E. and Dorothy E. Carriger in connection with your obligations under a Note dated April 8, 1998, as amended ("Note"). You are and have been in default in the payment of your obligations under the Note. This letter constitutes written notice of the default in accordance with the provisions of the Note. Should payment in full, including interest, not be received on or before August 4, 2001, a judgment will be entered against you for the full amount of the Note, interest, costs, attorneys fees and all other relief to which the Carrigers are entitled. Very truly yours, Paula D. Shaffner PDS&g CERTIFIED RECEIPT NO. 7000 0600 0022 4575 9159 Centre Square West · 1500 Market Street, 38'~ Floor · Philadelphia, PA 19102-2186 Phone: (215) 972-7777 + Fax: (215) 972;7725 6167321 11/8/0l BALTIMORE CHESTERBROOK HARRISBURG NEW YORK PHILADELPHIA PRINCETON WILMINGTON VERIFICATION I, Dorothy E. Carriger hereby acknowledge that I have read the foregoing Complaint; and that the facts stated therein are Irue and correct to the best of my knowledge, information and belief. I understand also that any false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904, relating to unsworn falsification to authorities. Dated: ~c~ I/ .,¢ool arriger ~ VERIFICATION I, George E. Carriger hereby acknowledge that I have read the foregoing Complaint; and that the facts stated therein are true and correct to the best of my knowledge, information and belief. I understand also that any false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904, relating to unswom falsification to authorities. Dated: 1~1._ I{- O ( George E./Carriger IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY~ PENNSYLVANIA GEORGE E. CARRIGER and DOROTHY E. CARRIGER 106 Heisey Avenue P.O. Box 167 Rheems, PA 17570-0167 Plaintiffs VS. STEELTON CAPITAL, LTD. 5250 Simpson Ferry Road Suite 330 Mechanicsburg, PA 17055-3514 and GEORGE J. GARGIA 5250 Simpson Ferry Road Suite 330 Mechanicsburg, PA 17055-3514 CIVIL ACTION NO. OI-f /Og AFFIDAVIT OF LAST KNOWN ADDRESS I, hereby, certify that the last known address of Defendant, STEELTON CAPITAL, LTD is 5250 Simpson Ferry Road, Suite 330, Mechanicsburg, PA 17055-3514. Respectfully submitted, Dated: November 13, 2001 Paige M~cxlonald-Matthes, Esquire Pa. I.D. No. 66266 Paula D. Shaffuer, Esquire Pa. I.D. No. 43542 Saul Ewing LLP Two North Second Street, 7t~ Floor Harrisburg, PA 17101 (717) 238-7675 Attorneys for Plaintiffs 628842.2 11/9~1 IN THE COURT OF COMMON PLEAS CUMBERLAND COLrNTY~ PENNSYLVANIA GEORGE E. CARRIGER and DOROTHY E. CARRIGER 106 Hcisey Avenue P.O. Box 167 Rheems, PA 17570-0167 Plaintiffs VS. STEELTON CAPITAL, LTD. 5250 Simpson Ferry Road Suite 330 Mechanicsburg, PA 17055-3514 and GEORGE J. GARCIA 5250 Simpson Ferry Road Suite 330 Mechanicsburg, PA 17055-3514 CIVIL ACTION AFFIDAVIT OF LAST KNOWN ADDRESS I, hereby, certify that the last known address of Defendant, GEORGE J. GARCIA is 5250 Simpson Ferry Road, Suite 330, Mechanicsburg, PA 17055-3514. Respectfully submitted, Dated: November 13, 2001 Paige 19Iacdonald-Matthes, Esquire Pa. I.D. No. 66266 Paula D. Shaffner, Esquire Pa. I.D. No. 43542 Saul Ewing LLP Two North Second Street, 7~ Floor Harrisburg, PA 17101 (717) 238-7675 Attorneys for Plaintiffs 628842.2 11/9/01 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY. PENNSYLVANIA GEORGE E. CARRIGER and DOROTHY E. CARRIGER 106 Heisey Avenue P.O. Box 167 Rheems, PA 17570-0167 Plaintiffs CIVIL ACTION ; NO. 01-6408 : VS. STEELTON CAPITAL, LTD. (a Pennsylvania Corporation) 5250 Simpson Ferry Road Suite 330 Mechanicsburg, PA 17055-3514 and GEORGE J. GARCIA 5250 Simpson Ferry Road Suite 330 Mechanicsburg, PA 17055-3514 PETITION TO STRIKE OFF JUDGEMENT To the Honorable Court, the Judges of said Court: NOW COMES, George J. Garcia, the individual defendant in the above-entitled cause (hereinafter called "GJG" and/or the "Individual Defendant"), pro se, and moves the Court strike off the judgement heretofore entered therein for the following reasons: The Pennsylvania Rules of Civil Procedure must be strictly followed if a valid confession of judgement is to be entered. (Scott Factors, Inc. v. Hartley (1967) 425 Pa 290), 228 A2d 887; Citizens National Bank v. Rose Hill Cemetery Asso. (1971) 218 Super Ct 366, 281 A2d 73.) These Rules were and are written to give a debtor additional protection by prescribing requirements in the procedure for relief from confessed judgements. There is no reason in page one of eight o law or policy for permitting the abborgation by a court of these protections by waiving the mandatory provisions of the Rules. ( Citizens National Bank v. Rose Hill Cemetary Asso. (1971) 218 Super Ct 366, 281 A2d 73.) Pa R Civ P Rule 2952(a) requires that the Complaint must contain the names of the parties. The Pennsylvania Rules of Civil Procedure provide that the prothonotary must enter judgement by confession AGAINST THE PERSON WHO EXECUTED IT. (Pa P Civ Rule 295 l(a).) When a proceeding to enter judgement by confession is commenced by the filing of a complaint, the complaint and the confession of judgement are to be read together in determining whether or not there are defects apparent on the fact of the record. (Parliament Industries, Inc. v. William H. Vaughn & Co., (1983) 501 Pa 1,459 A2d 720.) Accordingly, the Court is asked to take Judicial Notice of the Complaint, Judgement, and exhibits to the Complaint that: Plaintiff has sued and taken judgement by confession against Steelton Capital, Ltd., a Pennsylvania corporation (the "Corporate Defendant"), NOT against the maker of said note(s) and that all of said notes on their face say "Steelton Capital, Ltd., a Delaware corporation" (hereinafter called the "Borrower") and that the attached Guaranty Agreement(s) is/are for and of"the attached ... Note" (i.e., that of Borrower and NOT the Corporate Defendant); The Court is further asked to take Judicial Notice of the exhibits of Plaintiffs that: the Corporate Defendant never signed ANY OF the exhibited documents - but one or some of them were signed by a Delaware corporation and that the Corporate Defendant never gave any warrant of attorney to Plaintiffs/Lender to confess judgement. Accordingly Plaintiffs page two of eight o are not authorized by the face of any of the notes exhibited in the Complaint -to confess judgement against the Corporate Defendant and GJG never guaranteed any of the exhibited notes on behalf of the Corporate Defendant. A warrant of attorney to confess judgement is the very essence of the judgement, not a minor part of the clerical process, and without such warrant, a judgement is void. (Wells v. Cahan (1988) 1 D & C4th 394.) Therefor, the Judgement is void. Judgements by confession can and must be stricken for irregularity in the record (Pennwest Farm Credit, ACA v. Hare (1991) 410 Super Ct 422). Suing and taken judgement against the wrong party - NOT a maker of any of the notes in the Complaint and GJG as the guarantor of notes NEVER signed or made by the Corporate Defendant and/or without its warrant of attorney is/are "an irregularity." A release of errors (IF naming a Pennsylvania corporation, as the Corporate Defendant, and taking judgement by confession against it is a "mistake or an error") INSTEAD OF AN INTENTIONAL ACT, does not cure a lack of authority to confess judgement against the Corporate Defendant and thus against GJG. It is believed that taking judgement against the Corporate Defendant - without it ever signing any of the notes exhibited in the Complaint and without granting any warrant of attorney to confess judgement - was and is a deliberate and fraudelent act - of Plaintiffs and/or Plaintiffs Counsel - made to deceive the Court into entering judgement against an entity other than the Borrower so as to defraud GJG and/or said Corporate Defendant and/or in an attempt to extort money from said Corporate Defendant and/or GJG by virtue of a judgement obtained by confession. page three of eight Co Plaintiffs signed Verifications, that the facts in the Complaint were true and correct and that they were aware of the penalties of unsworn false statements; YET permitted the Complaint and Judgement to be filed and entered! Plaintiffs Attorneys are members of the Pennsylvania State Bar, assumed to know the applicable law, rule, and regulation, are officers of this Honorable Court, and (unless grossly incompetent or "plain stupid") can read the notes attached to the Complaint, know that the Borrower was and is Steelton Capital, Ltd., a Delaware corporation, know that the Corporate Defendant did NOT execute any warrant of attorney, nor that GJG did NOT guaranty ANY of the note(s) of Borrower attached to Plaintiffs Complaint; and know who to sue - as well as they may NOT confess judgement against. Yet here we arc!!! The Corporate Defendant and/or GJG has, have, or may suffer irreparable harm, loss, cost, and expense because of the improper judgement and the actions and inactions of Plaintiffs and/or the Firm. While the Judgement taken by confession is a nullity and is of no more force and effect as if taken against "Mickey Mouse;" GJG regrets to say that it could be called a "Mickey Mouse Judgement" and holds this Court and the LAW up to possible scorn and redicule. The Honorable Court is NOT a "Mickey Mouse Court!" As Melvin Belli, Esq. said, "the Law is not an ass - but those who try to bend and pervert it - ARE." By preverting the Rules and by fraud and deception, Plaintiffs and/or Plaintiffs' Counsel has/have for their own financial gain caused the Complaint to be filed and page four of eight the Judgement to be entered - seemingly "all in a legal way!" (in an effort to intentionally inflict emotional stress and depression upon GJG.) 10. The First Note was paid in full and refinanced by the Second Note (or some subsequent note), can not therefor possibly be in default, and if not in default -judgement can not be confessed against any debtor and/or any guarantor;. 11. The Second Note (or the note which actually paid in full and refinanced the First Note) was paid in full and refinanced by the Third Note - and accordingly can not possibly be in default, and if not in default - judgement can not be confessed against any debtor and/or any guarantor;. 12. There appears to possibly be some valid Third Note - but the Corporate Defendant never signed it (or the First or Second Note) and thus said Pennsylvania Corporation AND/OR GJG can not be liable under the Third Note in this action. 13. It is unclear which of Plaintiff's exhibited notes and guaranties are confessed (as the Complaint contradicts itself saying its the First, some combination of the First, Second or Third, the Third, and/or ail or some of the First, Second or Third plus (perhaps) its exhibited "Payoff Calculation" - therefor, due process and equal protection (for Corporate Defendant and/or GJG) requires that ANY Judgement to be stricken. 14. The Second Note exhibited is unsigned and can not possibily bind ANYONE TO ANYTHING! ! 15. The alleged "PayoffCalculation" (exhibit) is unsigned, contains handwritten "scribbling" and alterations from a person or persons unknown, is not proof of any indebtedness by ANYONE, or any interest thereon, and can not be used to confess judgement or calculate the page five of eight balance of any loan(s). 16. The First Note, as exhibited, also seems to have been altered by persons or persons unknown and is not "true and correct." 17. If the exhibited First and Third Notes - along with the unsigned Second Note and/or the unsigned Payoff Calculation are to constitute one note/loan/debt or agreement - there is no way that one ANYTHING exists - which may be confessed against ANYONE. 18. The Second Note to valid and enforceable must be BUT was not signed and contains a warrant of attomey NOT accepted or granted by any maker and/or guarantor thereof; 19. The exhibited Second Note contains a Guaranty agreement which is also unsigned and is of no force and effect. 20. The Plaintiffs never gave Borrower and/or Corporate Defendant and/or Guarantor notice of default under any note which was received or offered proof to the contrary; 21. The Notice of Default (Plaintiff's Exhibit "E") was never received by GJG who demands strict proof that GJG signed ANY certified receipt therefor. 22. Any "notice" attempted by Plaintiffs and/or Plaintiffs' Counsel was and/or would be invalid as the Corporate Defendant never executed any note(s) to, for, or with Plaintiffs/Lender and GJG is not the guarantor of any obligation of the Corporate Defendant to Plaintiffs - since no know such obligation(s) exist(s)! 23. There is no note of the Corporate Defendant to Plaintiffs, no guaranty of GJG thereto, their was no notice of default and if so, so what, if there were no notes or guarantees; 24. Judgement by Confession against the Corporate Defendant and GJG is by surprise and represents financial and legal terrorism and must and can not stand page six of eight 25. The Judgement is grossly excessive, not authorized by the instruments exhibited, and ANY recovery by Plaintiffs or fees to Plaintiffs' Counsel is unconscionable. 26. Plaintiffs "proceedings" totally deprive the Corporate Defendant and GJG of equal process and due process of law; 27. The Borrower has defenses which is could raise and are not to be waived hereby and the Corporate Defendant and/or GJG can and may not so waive any defense, claim, counter- claim, or cause of action which the Borrower or GJG may have as a Guarantor of any note(s) or other obligations of Borrower (IF ANY) to Plaintiffs which arises out of or is in reflation to this action, any note(s), or guaranty agreement(s), or otherwise. 28. GJG reserves the right and seeks leave of the Court to retain Pennsylvania legal counsel and/or to otherwise subsequently raise any other defense(s) as may be available and does NOT waive any such defense or remedy by virtue hereof- in this or any other proceeding. 29. Corporate Defendant never executed the notes exhibited on which Plaintiffs have taken judgement and accordingly GJG can not liable as a guarantor under any or all said notes. 30. Plaintiffs have NO authority to sue and confess judgement agalust Corporate Defendant and GJG, as the guarantor of notes never executed by said Corporate Defendant. 31. Steelton Capital, Ltd, a Pennsylvania corporation and the Corporate Defendant, is not Steelton Capital, Ltd, a l)elaware Corporation, and never has been; nor has it borrowed any money from Plaintiffs. Accordingly, GJG has never guaranteed any loan or note of Steelton Capital, Ltd, a Pennsylvania corporation to Plaintiffs. 32. Plaintiffs, at all times, dealt with and apparently may have lent money to Borrower, as a Delaware corporation, and NOT to or with the Corporate Defendant, a Pennsylvania page seven of eight 33. 34. corporation. Neither the Corporate Defendant or the Borrower has been served with the Complaint and Confession of Judgement. Service on the Corporate Defendant is a nullity since the Judgement is null and void. WHEREFORE, GJG prays this Honorable Court to grant a role on Plaintiffs and Plaintiffs' Counsel to show cause why the said judgement should not be struck off and sanctions imposed against Plaintiffs and/or Plaintiffs' Counsel; all proceedings to stay./ PA 17055-8934 page eight of eight CERTIFICATE OF SERVICE AND NOW, this 1 lth day of December, 2001, I hereby verify that I caused a mae and correct copy of the foregoing document to be placed in the U.S. mail, first class, postage prepaid and addressed as follows: GEORGE E. CARRIGER and DOROTHY E. CARRIGER 106 Heisey Avenue P.O. Box 167 Rheems, PA 17570-0167 Paige MacDonald-Matthes and/or Paula D. Shaffner and/or ~ Saul Ewing LLP Two North Second Street, 7th Harrisburg, PA 17101 cla SHERIFF'S RETURN - REGULAR CASE NO: 2001-06408 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CARRIGER GEORGE E ET AL VS STEELTON CAPITAL LTD ET AL DAVID MCKINNEY Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within CONFESSION OF JUDGEMEN was served upon GARCIA GEORGE J the DEFENDANT , at HECHTS DEPARTMENT STORE CAMP HILL, PA 17011-3514 GEORGE GARCIA at 1750:00 HOURS, on the 5th day of December , CAPITAL CITY MALL by handing to 2001 a true and attested copy of CONFESSION OF JUDGEMEN together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 6.00 Service .00 Affidavit .00 Surcharge 10.00 .00 16.00 Sworn and Subscribed to before me this /~- day of A.D. ! ~rot~&notary ' So Answers: R. Thomas Kline 12/11/2001 SAUL EWING Deputy Sheriff ~ SHERIFF'S RETURN - REGULAR CASE NO: 2001-06408 P COMMONWEALTH OF PENNSYLV~2qIA: COUNTY OF CUMBERLAND CARRIGER GEORGE E ET AL VS STEELTON CAPITAL LTD ET AL JODY SMITH , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within CONFESSION OF JUDGEMEN was served upon STEELTON CAPITAL LTD the DEFENDANT , at 1415:00 HOURS, on the llth day of December , 2001 at CUMBERLA/qD CO SHERIFF'S OFFICE ONE COURTHOUSE SQ CARLISLE, PA 17013-3514 by handing to GEORGE GARCIA FOR STEELTON CAPITAL a true and attested copy of CONFESSION OF JUDGEMEN together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 26.00 Affidavit .00 Surcharge 10.00 .00 54.00 Sworn and Subscribed to before me this /3~- day of A.D. ' P~otho~otary So Answers: R. Thomas Kline 12/11/2001 SAUL EWING Deputy Sheriff OEO 1 2001 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY. PENNSYLVANIA GEORGE E. CARRIGER and DOROTHY E. CARRIGER 106 Heisey Avenue P.O. Box 167 Rheems, PA 17570-0167 Plaintiffs VS. STEELTON CAPITAL, YTD. (a Pennsylvania Corporation) 5250 Simpson Fen3, Road Suite 330 Mechanicsburg, PA 17055-3514 and GEORGE J. GARCIA 5250 Simpson Fen'y Road Suite 330 Mechanicsburg, PA 17055-3514 CIVIL ACTION NO. 01-6408 RULE TO SHOW CAUSE WHY JUDGEMENT SHOULD NOT BE STRICKEN AND SANCTIONS IMPOSED And now, this .~ day of December 2001 on consideration of the foregoing petition/motion, a rule ~s granted against Plaintiffs and Plaintiffs Counsel to show cause why the judgement entered in the __.. above case should not be struck off and sanctions entered. ~ ~ ~ &.~ ~oo,~ ~J. ~OIJJC~-'LPJ l~ J (~ERTIFICATE OF SERVICE AND NOW, this 26~' day of December, 2001, I hereby verify that I caused a tree and correct copy of the RULE TO SHOW CAUSE WHY JUDGEMENT SHOULD NOT BE STRICKEN AND SANCTIONS IMPOSED, entered by the Court of Common Pleas, Cumberland County, Pennsylvania on 21 December 2001, to be placed in the U.S. mail, first class, postage prepaid and addressed as follows: GEORGE E. CARRIGER and DOROTHY E. CARRIGER 106 Heisey Avenue P.O. Box 167 Rheems, PA 17570-0167 Paige MacDonald-Matthes Paula D. Shaffner Saul Ewing LLP Two North Second Street, 7th floor Harrisburg, PA 17101 ~ Ge IN THE COURT OF cOMMON PLEAS N V GEORGE E. CARRIGER and DOROTHY E. CARRIGER 106 Heisey Avenue P.O. Box 167 Rheems, PA 17570-0167 Plaint-if~ VS. STEELTON CAPITAL, YTD. (a Pennsylvania Corporation) 5250 Simpson Ferry Road Suite 330 Mechanicsburg, PA 17055-3514 and GEORGE J. GARCIA 5250 Simpson Ferry Road Suite 330 Mechanicsburg, PA 17055-3514 CIVIL ACTION : NO. 01-6408 RULE TO SHOW CAUSE WHY JUDGEMENT SHOULD NOT BE STRICKEN AND SANCTIONS IMPOSED And now, this (~\ day of December 2001, on consideration of the foregoing petition/motion, a role · anted a ai~st l~laintiffs and Plaintiffs Counsel to show cause why~t,~he judgement entered in the ' c TRUE COPY FROM RECORD Te$limom/wflcr~o{, I hcre un~, sat my ha~ t~ ~1 ~ ~ Court at Cadisle, Pa. , -.< GEORGE E. CARRIGER and DOROTHY E. CARRIGER, 106 Heisey Avenue, P.O. Box 167, Rheems, PA 17570-0167 Plaintiff, V. STEELTON CAPITAL, LTD., 5250 Simpson Ferry Road, Suite 330, Mechardcsburg, PA 17055-3514 and GEORGE J. GARCIA, 5250 Simpson Ferry Road, Suite 330, Mechanicsburg, PA 17055-3514 Defendant. COURT OF COMdVION PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Civil Action Docket No. 01-6408 To the Prothonotary: PRAECIPE FOR WRIT OF EXECUTION Please issue a Writ of Execution in the above matter, (1) directed to the Sheriffof Cumberland County; (2) against Steelton Capital, Ltd., 5250 Simpson Ferry Road, Suite 330, Mechanicsburg, Pennsylvania 17055-3514 and George J. Garcia, P.O. Box 934, Mechanicsburg, Pennsylvania 17055-8934, defendants; and (3) against Mid Penn Bank, 4622 Carlisle Pike, Mechanicsburg Pennsylvania 17050, garnishee: (4) and index this writ (a) against George J. Garcia and Steelton Capital, Ltd., defendants (b) against Mid Penn Bank as garnishee, as a lis pendens against real property of the defendants and the name of garnishee as follows: (a) any and all bank accounts titled in the name of George J. Garcia, Individually and Steelton Capital, Ltd., and account no. 001094 031308807 950204 8 titled in the name of Steelton Capital, Ltd. (5) Amount due $ 24,802.90 Interest fi.om $ to be 11/13/01, 6% per annum determined Plus Costs $ 165 ' Dated: January 2, 2002 Paige M~tcdonald-Matthes (Bar ID: 66266) Paul D. Shaffner, Esquire (Bar ID: 43542) SA UL EW1NG LLP Penn National Insurance Tower 2 North Second Street, 7~ Floor Harrisburg, PA 17101 (717) 25%7500 Attorneys for Plaintiffs I..I I i GEORGE E. CARRIGER and DOROTHY E. CARRIGER 106 Heisey Avenue P.O. Box 167 Rheems, PA 17570-0167 Plaintiff, STEELTON CAPITAL, LTD. 5250 Simpson Ferry Road, Suite 330 Mechanicsburg, PA 17055-3514 and GEORGE J. GARCIA 5250 Simpson Ferry Road, Suite 330 Mechanicsburg, PA 17055-3514 Defendant. COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Civil Action Docket No. 01-6408 NOTICE TO PLEAD TO: Steelton Capital, Ltd. 5250 Simpson Ferry Road, Suite 330 Mechanicsburg, Pa 17055-3514 George J. Garcia P.O. Box 934 Mechauicsburg, PA 17055-8934 YOU ARE HEREBY NOTIFIED TO FILE A WRITTEN RESPONSE TO THE ENCLOSED NEW MATTER WITHIN TWENTY (20) DAYS FROM THE SERVICE HEREOF OR A JUDGMENT MAY BE ENTERED AGAINST YOU. Respectfully submitted, Dated: January 10, 2002 Paige Macdonald-Matthes (Bar ID: 66266) Paul D. Shaffuer, Esquire (Bar ID: 43542) S.4 UL EWING LLP Penn National Insurance Tower 2 North Second Street, 7th Floor Harrisburg, PA 17101 (717) 257-7500 Attorneys for Plaintiffs 86662.1 1/10/02 GEORGE E. CARRIGER and DOROTHY E. CARKIGER 106 Heisey Avenue P.O. Box 167 Rheems, PA 17570-0167 Plaintiff, STEELTON CAPITAL, LTD. 5250 Simpson Ferry Road, Suite 330 Mechaniesburg, PA 17055-3514 and GEORGE J. GARCIA 5250 Simpson Ferry Road, Suite 330 Meehanicsburg, PA 17055-3514 Defendant. COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Civil Action Docket No. 01-6408 PLAINTIFFS' REPLY TO PETITION TO STRIKE OFF JUDGMENT AND NOW COME Plaintiffs, George E. Carriger and Dorothy E. Carriger (hereinafter collectively referred to as "Plaintiffs") by and through their counsel Saul Ewing LLP and file their Reply to Defendant George J. Garcia's Petition to Strike Off Judgment and in support thereof avers as follows: 1. The averments set forth in Paragraph 1 in the Petition to Strike state conclusions of law to which no response is required. 2. Denied as stated. It is denied that Pennsylvania Rule of Civil Procedure 2952(a) "requires that the Complaint must contain the names of the parties." By way of further reply and correction, Pennsylvania Rule of Civil Procedure 2952 (a)(1) provides that the Complaint shall contain the names and the last known addresses of the parties. 3. Denied as stated. It is denied that Pennsylvania Rule of Civil Procedure 2951 (a) provides "that the Prothonotary must enter judgment by confession against the person who executed it." To the contrary, Pennsylvania Rule of Civil Procedure 2951(a) requires that the Prothonotary enter judgment by ennfession on a note, bond or other instrument confessing 86662.1 1/10/02 judgment or authorizing confession by an attorney at law or other person against the person who executed it in favor of the original holder or, unless expressly forbidden in the insmunent, in favor of the assignee or other transferee without the agency of an attorney and without the filing of a Complaint, for the amount which may appear to be due from the inslnanent. By way of further reply, Plaintiffs confessed judgment against the Defendants in accordance with Pennsylvania Rule of Civil Procedure 295 l(b). 4. The averments set forth in Paragraph 4 of the Petition to Strike state conclusions of law to which no response is required. In the event that it is later judiciaily determined that a response is so required, the averments in set forth in Paragraph 4 are admitted in part and denied in part. It is admitted that Plaintiff has sued and taken judgment by confession against Steelton Capital, Ltd. as evidenced by the caption that appears on the face of the Complaint. It is further admitted that Plaintiffs have sued and taken judgment by confession against George J. Garcia, individually, by virtue of a personal guarantee issued in connection with the Note issued to Plaintiffs by Steelton Capital, Ltd. It is denied that Steelton Capital, Ltd. is not the maker of said Note. It is further denied that George J. Garcia did not personally guarantee the obligation of Steelton Capital, Ltd. Finally, it is denied that Petitioner has correctly set forth the correct caption of the within action in his Petition to Strike Off Judgment. 5. Denied. It is denied that Steelton Capital, Ltd. did not sign "any" of the exhibited documents. By way of further reply, a review of Exhibits "A" and "C", which are attached to Plaintiffs Complaint clearly reveals that Steelton Capital, Ltd., by and through its Chairman, Defendant Garcia, did in fact execute each of the Notes which include a Warrant of Attorney to confess judgment. By way of further reply, the signature block that appears on each Note indicates that Steelton Capital, Ltd. has a place of business located at 5250 Simpson Ferry Road, Suite 330, Mechanicsburg, Pennsylvania 17055-3514, which is the same address that is reflected in the caption of Plaintiffs' Complaint. Finally, and by way of further reply, executed copies of the October 8, 1999 Note and corresponding personal guaranty are attached hereto and collectively marked as Exhibit "A". 6. The averments set forth in Paragraph 6 in the Petition to Strike state conclusions of law to which no response is required. In the event that it is later.judicially determined that a response is so required, the averment that the "judgment is void" is expressly denied. 7. The averments set forth in Paragraph 7 in the Petition to Strike state conclusions of law to which no response is required. In the event that it is later.judicially determined that a response is so required, it is denied that Plaintiffs sued and took judgment against the wrong party. 8. The averments set fo~h in Paragraph 8 in the Petition to Strike state conclusions of law to which no response is required. In the event that it is later judiciaily determined that a response is so required, the averment that Plaintiffs did not have authority to confess judgment against the Defendants is expressly denied. 9. Denied. It is denied that Plaintiffs improperly confessed judgment against the Defendants. It is further denied that Plaintiffs' confession of.judgment against the Defendants was "a deliberate and fraudulent act of Plaintiffs and/or Plaintiffs counsel." It is further denied that Plaintiffs' confessed judgment against the Defendants was "an attempt to extort money" from the Defendants. to the Complaint. [sic] It is admitted that Plaintiff signed Verifications which are attached B. [sic] The averments set forth in Paragraph B of the Petition to Strike constitute a speaking demurrer to which no response is required. By way of further reply, the averments set forth in Paragraph B [sic] of the Petition to Strike are wholly irrelevant, improper, and fail to conform with the Pennsylvania Rules of Civil Procedure. C. [sic] The Plaintiffs are without knowledge sufficient to form a belief as to the truth of the averments set forth in Paragraph C [sic] of the Petition to Strike and strict proof of the same, if relevant, is demanded at the time of hearing. D. [sic] Den/ed as stated. It is denied that judgment taken by confession against the named Defendants is a "nullity." It is further denied that the judgment taken by confession against the named Defendants is "of no more force and effect as if taken against 'miekey mouse'". E. [sic] The averments set forth in Paragraph E [sic] of the Petition to Strike constitute a speaking demurrer to which no response is required. By way of further reply, the averments set forth in Paragraph E [sic] of the Petition to Strike fail to conform with the Pennsylvania Rules of Civil Procedure. F. [sic] Denied. It is denied that the Plaintiffs have "pervert[ed]" any roles. It is further den/ed that Plaintiffs' action in confessing judgment against the named Defendants was fraudulent or deceptive. By way of further reply, the Notes and the corresponding Guarantees were all prepared by the Defendants, and Defendants themselves included the Warrant of Attorney which authorized Plaintiffs to confess judgment against them. 10.. Denied. It is den/ed that the first note was paid in full. To the contrary, no payment has been received. 86662.1 1/10/02 -4- 11. Denied. It is denied that the second note was paid in full. By way of further reply, Defendants sent Plaintiffs a letter dated October 8, 1999 in which Defendants enclosed a post-dated check with the instructions that Plaintiffs were not to cash the check until December 8, 1999. When Plaintiffs attempted to cash the check after December 8, 1999, however, they were advised by the Defendants' bank that there were insufficient funds in Defendants' account to cover the check. A tree and correct copy of Defendants October 8, 1999 correspondence, together with the post-dated check, are attached hereto and collectively marked as Exhibit "B". 12. Denied. It is denied that there is "possibly some valid third note." By way of further reply, there is in fact a third note which Plaintiffs have attached to their Complaint as Exhibit "C". It is further denied that the Steelton Capital, Ltd. never signed the third note. It is further denied that the Defendant, George J. Garcia did not sign the personal guarantee that accompanied the third note. Finally, it is denied that Defendants are not liable under the third note. 13. Denied. It is denied that it is "unclear which of Plaintiffs' exhibited notes and guarantees are confessed. It is further denied that Plaintiffs prepared the "payoff calculation" which is attached to Plaintiffs' Complaint as Extfibit "D". By way of further reply, Defendant George J. Garcia prepared the payoffcalculation as evidenced by the initial at the bottom, lefthand comer of the document, which are attached to Plaintiffs' Complaint as Exhibit "D". 14. Admitted in part and denied in part. It is admitted that the copy of the October 8, 1999 Note which Plaintiffs have attached to their Complaint as Exhibit "B" is not executed. An executed copy of the October 8, 1999 Note is attached hereto as Exhibit "A". As to the balance of the averments set forth in Paragraph 14 in the Petition to Strike, those averments state conclusions of law to which no response is required. 15. Admitted in part and denied in part. It is admitted that the "payoff calculation" attached to Plaintiffs' Complaint as Exhibit "D" is unsigned and contains handwritten changes. It is denied that the payoffcalculation was prepared by a "person or persons unknown." To the contrary, review of the payoff calculation reveals that it was prepared by Defendant George J. Garcia on January 19, 2001. Finally, by way of further reply, the "payoff calculation" was not used by Plaintiffs to confess judgment, but rather was used by Plaintiffs as further evidence of Defendants' acknowledgment of their obligation to Plaintiffs. 16. Admitted in part and denied in part. It is admitted that the first note, as exhibited, was altered. It is denied that the alteration was done by a "person or persons unknown." By way of further reply, Defendant George J. Garcia made the alterations to the first note as evidenced by his initials which appear on the document. 17. The averments set forth in Paragraph 17 in the Petition to Strike state conclusions of law to which no response is required. In the event that it is later judicially determined that a response is so required, the averments in set forth in Paragraph 17 are denied. The first, second and third notes, together with the corresponding personal guarantees, all include warrants of attorneys authorizing Plaintiffs to confess judgment against the named Defendants. 18. The averments set forth in Paragraph 18 in the Petition to Strike state conclusions of law to which no response is required. By way of further reply, an executed copy of the October 8, 1999 Note is attached hereto and is marked as Exhibit "A". 19. Admitted in part and denied in part. It is admitted that the copy of the Guaranty to the Second Note which Plaintiffs have attached to their Complaint is not executed. The balance of the averments set forth in Paragraph 19 of the Petition to Strike state conclusions of law to which no response is required. 20. Denied. It is denied that Plaintiffs did not give the Defendants Notice of Default. By way of further reply, Plaintiffs gave Defendants written notification of their default on or about July 20, 2001, as evidenced by the copy of the letter attached to Plaintiffs' Complaint as Exhibit "E". The letter was sent to Defendants at the Defendants' address indicated on the face of the documents (that Defendants prepared), via regular and certified mail. 21. Plaintiffs are without knowledge sufficient to form a belief as to the averments set forth in Paragraph 21 of the Petition to Strike and strict proof of the same, if relevant, is demanded at the time of hearing. By way of further reply, Plaintiffs' Notice of Default was sent to Defendants at Defendants' last known address by way of certified and regular mail. Defendants received the Notice of Default as evidenced by the certified mail, return receipts received from the post office. True and correct copies of the written Notices of Default and the return receipt cards are attached hereto and collectively marked as Exhibit "C". 22. The averments set forth in Paragraph 22 in the Petition to Strike state conclusions of law to which no response is required. In the event that it is later judicially determined that a response is so required, the averments in set forth in Paragraph 22 are denied. By way of further reply, it is expressly denied that the Defendants were not aware that they were indebted to Plaintiffs by virtue of the Note and corresponding guarantee. To the contrary, Defendants have at all times acknowledged their indebtedness to the Plaintiffs. 23. Denied. It is denied that Defendant Steelton Capital, Ltd. did not execute a Note in favor of Plaintiffs. It is further denied that Defendant George J. Garcia did not give a corresponding personal guaranty. Finally, it is denied that there was no Notice of Default. 86662.1 1/10/02 -7- 24. Denied. It is denied that judgment by confession against the Defendants was a "surprise and represents financial and legal terrorism and must and cannot stand." By way of further reply, the Defendants were very much aware of their obligation to Plaintiff as evidenced by the email communication sent to Plaintiffs via email on or about December 13, 2001 by Defendant George J. Garcia. A tree and correct copy of Defendant Garcia's email correspondence, together with the "Settlement Agreement" referenced therein, is attached hereto and collectively marked as Exhibit "D". 25. Denied. It is denied that the judgment is grossly excessive and not authorized by the instruments exhibited. It is further denied that "any recovery by Plaintiffs or fees to Plaintiffs' counsel is unconscionable." To the contrary, the judgrnent entered in this matter against the named Defendants is expressly provided for in the instruments attached to Plaintiffs' Complaint. 26. The averments set forth in Paragraph 26 in the Petition to Strike state conclusions of law to which no response is required. In the event that it is later judicially determined that a response is so required, Plaintiffs note that the fact that the very documents which provided them with the authority to confess judgment against the named Defendants were prepared by the named Defendants. 27. Plaintiffs are without knowledge sufficient to form a belief as to the truth of the averments set forth in Paragraph 27 and strict proof of the same, if relevant, is demanded at the time of hearing. By way of further reply, Defendants have filed a "Petition to Strike Off Judgment" not a Petition to Open Confessed Judgment. Consequently, Defendants may not raise any defenses to the confessed judgment other than the alleged "defects" which appear on the face of the record. 86662.1 1/10/02 -8- 28. Plaintiffs are without knowledge sufficient to form a belief as to the troth of the averments set forth in Paragraph 28 in the Petition to Strike and strict proof of the same, if relevant, is demanded at the time of hearing. 29. Denied. It is denied that Defendants never executed the Notes on which Plaintiffs have taken judgment. It is further denied that Defendant George J. Garcia is not liable as a guarantor under the Notes. 30. Denied. It is denied that Plaintiffs have no authority to sue or confess judgment against the Defendants. To the contrary, the Notes and corresponding personal guarantees clearly provide Plaintiffs with the authority to sue and confess judgment against the Defendants. 31. Denied. It is denied that Steelton Capital, Ltd., has never borrowed any money fi.om Plaintiffs. It is further denied that George J. Garcia never guaranteed a loan or Note of Steelton Capital, Ltd. By way of further reply, Steelton Capital, Ltd., is licensed to do business in the state of the Pennsylvania as evidenced by the records obtained by the Pennsylvania Department of State Corporation Bureau, which are attached hereto and collectively marked as Exhibit "E". Notwithstanding Petitioner's averments that Steelton Capital, Ltd. is a Delaware corporation, the Office of the Secretary of the State of Delaware reports that there are records of two void corporations known as "Steelton Capital, Ltd." The first Steelton Capital, Ltd. was incorporated on June 4, 1985 and became void on March 1, 1988. The second Steelton Capital, Ltd. indicates that that entity was incorporated on September 2, 1994 and became void on March 1, 1996. Due to the Plaintiffs' limited resources, Plaintiffs are unable to pay the $110 sum necessary to obtain a certificate fi'om the State of Delaware, Secretary of State, for each of the void companies and would ask that the Court take judicial notice of the information provided to their counsel by the Secretary of State for the State of Delaware. 32. Denied. It is denied that Plaintiffs "at ail times dealt with and apparently may have lent monies to borrower, as a Delaware corporation, and not to or with the corporate Defendant, of Permsylvania corporation." By way of further reply, Plaintiff at all times dealt with George J. Garcia, Chairman of Steelton Capitai, Ltd., a corporation having its principai place of business located in Cumberland County, Pennsylvania, as evidenced by the Defendants own documents and confirmed by the information obtained fi.om the Pennsylvania Department of State. Finally, by way of further reply, Defendant George J. Garcia's December 13, 2001 email communication to Plaintiffs clearly evidences Defendants' financial obligation to Plaintiff under the Notes and corresponding personal guarantee. 33. Denied. It is denied that the Defendants have not been served with the Complaint in confession of judgment. To the contrary, Defendant George J. Garcia was served with Complaint in Confession of Judgment on December 5, 2001 by the Cumberland County Sheriffs Office. A true and correct copy of the Sheriffs Return for Defendant George J. Garcia is attached hereto and marked as Exhibit "F". Defendant Steclton Capital, Ltd. was served with the Complaint in Confession of Judgment on December 11, 2001 when Defendant George J. Garcia personally appeared at the Cumberland County Sheriffs' Office to accept the same. A copy of the Sheriff's Return evidencing service on Defendant, Steelton Capital, Ltd. is attached hereto and marked as Exhibit "G". 34. The averments set forth in Paragraph 34 of the Petition to Strike state conclusions of law to which no response is required. In the event that it is later judicially determined that a response is so required, the averments in set forth in Paragraph 34 are denied. NEW MATTER 35. The averments set forth in Paragraph 1-34 are incorporated herein by reference as if more fully set forth at length herein. 36. According to the Secretary of the State for the State of Delaware, there are no records of an existing corporation known as Steelton Capital, Ltd. In fact, the records show that the only corporation known as "Steelton Capital, Ltd." became void on March 1, 1996, two (2) years prior to the first note being executed by Steelton Capital, Ltd. 37. According to the Pennsylvania Department of State, Corporation Bureau, Steelton Capital, Ltd. is a Pennsylvania business corporation, and its Chief Executive Officer is identified as Defendant, George J. Garcia. A tree and correct copy of the information obtained from the Department of State's website is attached hereto and is marked as Exhibit "E". 38. A review of the Notes which Plaintiffs have attached as Exhibit "A, B and C" to the their Complaint and the Note attached hereto as Exhibit "A", clearly reveal that the address provided by Steelton Capital, Ltd. is 5250 Simpson Ferry Road, Suite 330, Mechanicsburg, PA 17055-3514. This is the same address which Plaintiffs used to identify the corporate Defendant in the caption of their Complaint. Consequently, Defendant Garcia's arguments are without merit and are little more than subterfuge. 39. On October 8, 1999, Defendant Garcia, Chairman of Steelton Capital, Ltd. wrote to Plaintiffs and acknowledged Steelton Capital's indebtedness under the Note. A tree and correct copy of Garcia's October 8, 1999 letter (on corporate letterhead). See, Exhibit "B". 40. On December 11, 2001, Defendant George J. Garcia appeared at the offices of the Cumberland County Sheriff to accept service of the Complaint in Confession of Judgment on behalf of Steelton Capital, Ltd. By virtue of Defendant Garcia's acceptance of service on behalf of a corporation, Defendant Garcia has waived any fight to challenge service of the Complaint against the Defendants in regard to this matter. 41. On December 13, 2001, Defendant George J. Garcia sent Plaintiffs an email communication wherein he acknowledged the obligation of Steelton Capital, Ltd. under the Note and corresponding personal guarantees. See, Exhibit "D". 42. Judgment by confession was entered against Steelton Capital, Ltd. and against George J. Garcia as a result of a Note and corresponding personal guaranty issued by the Defendants. 43. Defendant's Garcia argument that the judgment against Steelton Capital, Ltd. is null and void based on an averment which appears in the body of the Complaint for Confession of Judgment is disingenuous in light of the fact that the documents, which Defendant Garcia acknowledges were executed, clearly indicate an address for Steelton Capital, Ltd. of 5250 Simpson Ferry Road, Suite 330, Mechauicsburg, PA 17055-3514 -- the same address identified in the caption of the Complaint filed in this matter. 44. Assuming arguendo, the Plaintiffs reference to Steelton Capital, Ltd. as a Pennsylvania corporation in the body of its complaint is an error (which Plaintiffs dispute) the error is de minimis and does not constitute sufficient grounds to strike the judgment entered. 45. The Defendants have waived their right to protest the entry of the confessed judgment against them by virtue of the express terms set forth in the warrant of attorney which Defendants included in each of the Notes they executed in favor of Plaintiffs. WHEREFORE, Plaintiffs George E. Carriger and Dorothy E. Carriger respectfully request that this Honorable Court dismiss Defendant Garcia's Petition to Strike Off Judgment, with prejudice, affirm the Judgment by Confession against the Defendants for 866621 1/10~0~ -12- monetary damages as authorized by the instruments attached to Plaintiffs Complaint in the sum of $24,802.90, plus post judgment interest and costs of suit, and further award Plaintiffs all such other relief as is proper and just. Respectfully submitted, Dated: January 10, 2002 Palge Macdonald-Matthes (Bar ID: 66266) Paul D. Shaffner, Esquire (Bar ID: 43542) S,4 u£ Ew~vo LLP Penn National Insurance Tower 2 North Second Street, 7th Floor Harrisburg, PA 17101 (717) 257-7500 Attorneys for Plaintiffs -13- Exhibit A Received 12/27/2001 07:49A~ in 01:54 on Line [10] for 4023 WORKSRV2 printed BOOAO31B on 12/27/2001 07:51AN * Pg 4/5 87/18/2881 28:31 3673907 JILL TROSTLE PAGE 84 $16,871.80 Commonwealth of Pennsylvania DATE: 8 October 1999 H. aving received sixteen thousand three bu. ndred and eighty dollars and thirty- eight (38) tents ($16,380.38), the underssgned STEF~LTON C. AP..ITAL, LTD., a Delaware Corporation, promhes to pay sixteen thousand mght hundred ~e/t~nhty-on_e dollars and eighty (80) cents ($16,871.80) two (2) months from the eroof~ this being a discount note - to GEORGE E. AND DOROTHY E. CARRIGER, 106 HeiseY Avenue~ P.O. Box 167, Rheems, PA 17570, or at such other place as the holder hereof may, from time to time, designate in writing. In the event of default in the payment when due and the continuance of such default for a period of fifteen (15) days after written notice, (by certified or registered mail or hand delivery), of such default is received, this Note shall bear interest at the rate of eighteen (18%) percent simple interest until paid. Presentme.nt of payment, notice of dishonor, protest, and notice of protest are hereby waived. The maker of this Note hereby authorize.s and empowers a. ny .atto. m.?. of any Cou .rt. of record, .upon default to app. ear m any Co. urt ,h. avmg jurisdiction, and for h~.m. and in hm name, to confess judgment agmnst h~m, in .favor of the ho!der of this Note and for t~e amount then due on the Note, pi= he.l. a ove s.ted, o, su,t, nnd. rensanab,e a.oraey's fee .o, .. . five (?%) p.~reent of the principal amount of this Note. Stay of exeeuuon ~s nerel~y w~zv?! nnd the exemption of personal property from levy and sale on any execution'is also expressly waived. By:~ 5250 Simpson Ferry Road Suite 330 Mechanicsburg, PA 17055.3514 Received 12/29/2001 02:40PN in 00:S6 on tine [11] for 4023 ~ORKSRV2 printed BOOA06CO on 12/29/2001 07/21/2001 03:23 36?398? JILL TROSTLE /' '""//' U~ The ~de~n~ do~ her~y unco~flona~y pe~ona~ gua~n~ pa~eut of ~c s~ch~ $16,871~ ~unt naa (the "Nam") ~St~ton Ca~taL Lt~ Pmm~t ~ p~en~ ~fi~ of ~honor, p~ ~d ~fi~ of p~t are h~ wa~. The ~a~ntor of ~b Note he~ au~o~ and ample. ~ aflo~ey of any Coufl ~ r~ u~n d~aMt ~ ap~r h ~y Coufl ha~g ]u~o~ ~d for h~ ~d h ~ nm~ to ~m ]ud~t against ~im, h ~OF or~e homer of ~a Naa ~d for ~e mount th~ due ~ ~ No~, pl~ h~t ~ he~h above sta~ ~U of s~d a ~mnt~le sffo~w'.s he.by warm nd ?e ~mp~n of ~non~ p~pe~ r~m le~am on any ~c~non ~ S~pson Fe~ ~ Suite 330 Meclmnlesbur~, PA 170S.~3S14 02:42PN * Pg 2/2 PAGE 02 Exhibit B Received 12/27/2001 07:49AH in 01:54 on Line [10] for 4023 ~JORKSRV2 printed BOOAO31B on 12/27/2001 07:51Al~ * Pg 5/5 87/18/2881 28:31 3673987 JILL TROSTLE PAGE 85 8 October 1999 Mr. and Mrs. Oeorge E. Cawig=r P.O. Box 167 Rh~ms, PA 17570 GeOrge E. and Dorothy B. Cartiger ("Lender") - St~elton Capital, Ltd. ("Borrower') $16,871.80 Discount l~lote Re_nayment Cheek Dear Dot and G-corgc: Enclosed please find Borrower's check numbed 1094, drawn upon its general eccount, in the ~aount of $16,871.80, payable to Leader, written today and daled for 8 D~mb~ 1999. This check to be held by Lender until the maturity dat~ of the c~tioned loan and when deposited and paid shall be in full and final-payment of said loan. Upon paym=nt of this check l.=nd=r gaall mark the discount note paid ~/f~ll, sign ii, and return ii to Borrower. Enclosure: check #1094 Received 12/27/2001 07:49AM in 01:54 on line [10) for 4023 ~ORKSRV2 printed BOOAO31B on 12/27/2001 07:51AM * Pg 2/5 07/18/2001 20:31 3673007 JILL TROSTLE PAGE 02 Exhibit C Received 12/28/2001 09:45AM in 01:52 on tine C3] for 4023~ORKSRV2 printedBOOAO4F3 on 12/28/2001 09:41~.t~~ 3/5 DEC 28 2~ 09:56 FR SRUL EWIHG 215 ~ ~ TO 1717~583~- Received 12/28/2001 09:45Ar~ in 01:52 on line [31 for /+023 WORKSRV2 printed BOOAO4F3 on 12/28/2001 09:48AH * Pg 2/5 DEC 28 2001 09:5G FR SflUL EWING 215 gT~ ~T~S TO 1T1T~ST~S83~- P.02/05 PAULA D, $~ BLt: f,21~ e//2.1915 t~hsen~Msul.com July 20, 2001 CERTIFIED MAIL AND U.S. FIRST CLA~S ~ Stcelton Capital, Ltd. 5250 Simpson Ferry Road Suite 330 Mechanlcsburl~, PA 1'/055-3154 Atin: George I. Garcia, Esquire Re: NOTICE OF DEFAULT OF NOTE pAYABLE TO GEORGI~ E. AND DOROTHY E. CARRIGER Dear Mr. Gareia: ' We r resent George E, and DorothyE. Cmfiger in connection with your , . · · . ~te dated April 8, 1998, as amended ('Note"). You ar.~ ~d hav.~ been,~.n obligations under a . . -__. _a~.,~. ~ 's letter const~nt~ wnuen rlOU¢C default in thc payment of your obhgatiou, un,, ........ otc. Thi of thc default in accordance with the provisions of the Note. Should payment in full, includh~ interest, uotbc recclved on or before August 4, 2001, a j nd~nent will bc entered against you for the full amount of the Note, interest, costs, attorneys fees and all Other reliefto._..w_hich the Carriger$ are entitled. Paula D. shaffner PDS/I~ CERTIFIEI) RECEIPT IlO, 7000 0600 0022 4S75 9142 Received 12/28/2001 09:45AM Jn 01:52 on Line E33 for 40;)3 WOR)~SRV2 printed BOOAO4F3 on 12/28/2001 09:48AM * Pg 5/5 DEC 28 2~01 09:5T FR SRLL EIdING 215 9T2 T?25 TO l?lT25TTS83~- P.05/05 t:~ ~ Iomr~ee,' Ota,~u S'rm,, t'~: :..: iJ · Sender. Please pdntyour~n~e~e, address, and ZIP+4 in this box · .Sa~.b L~,.~I ~cP ' Ifmmbmt? ~t~ xc~ TOTRL PRGE.05 Received 12/28/2001 09:45AM in 01:52 on Line [3] for 4023 ~ORKSRV2 printed BOOAO4F3 on 12/28/2001 09:48AM * Pg 4/5 DEC 28 2E~1 09:5~ FR SRUL EWING 215 9?2 7?25 TO l?~T25'P7583#- P.04/05 pAllIA D. SHAFPNIiR F~,: (215) 9T2-1915 psblfff~r~laul.com 20, 2001 CERTIFIED MAIL AND U.S. FIRST CLASS MAIL George $. Crareia, t~squiro 5250 Simpson F~-cy Road Suite 330 Meehanicsb~rg, PA 17055-315~, Re; NOTICE OF DEFAULT OF NOTE PAYABLE TO GEORGE E. AND DOROTHY E. CARRIGER Dear Mr. G-arcia: We r~present George ]~. and Dorothy E. Caniger in connection wit~. your obligations under a Note dated April 8, 1998, as amended ("Note"). You are and have bean in default in the payment of your obligat/ons under Lbo Note. This letter constitutes wriRen notice of the default in accordance with the provisions of the Note, Should payment in full, including intgrest, not bc received on or before August 4, 2001, a judgment will be ~ntcred against you for the full amount of the Note, interest, costs, attorneys fee~ and all other relief to wh/ch the Carriger~ are ~ntitl~i. Very truly yours, PDS/kg CERTIFIED RECEIPT NO. 7000 0600 0022 457S 9159 Pauh D. Shaffner Exhibit D E-mail mesmgo From: Date: To: Subject:. gjgarciajd~yahoo. CO~ (G ~ GARCIA) Thu. D~c 13, 2001.6.~gam (EST-3) gcoro~kfish~WBBTV, net Settlcment Agreement PERSONAL AN,I) .CONFIDENTIAL Settlement Negonat~ous C~orge and Dorothy Carriger The Settlement Agreement s.ruiil i~iled to you with a Drop Dead Date of 1~ 2001 is horeby revoked and ~s ~ull and.void. Your recent actions have mado it impossible for you to truthfully make the representations contained in the Agn~ement and for me to ~ccure tbe n~essary approvals, con~ent~, and other happenings necessary or required to raise the money to repay - in full - th~ Principal'Sum of the SCLDEL lean. This ia a shame, ~ince I had tried to ~ee that ~e Principal Sum was repaid im full. Now it aoo~u'~ that not only have you 1o~ your pnncipal; to ~d~ in~lt to injury, you are adding legal f~cs and ~c~ts to your losses - so aa to compound your ~lf inflicted injury. I guess that is like shooting yo~. rself in the head, paying for the bullet, and then getting a hospital and funeral bill,., It has been my practice to make ONE offer and NOT to ma~ a "low ball' offer and subsequently tndae or increase it; but IF a sccoud offer.is .made, that it.be LO.WER the tim. However, ~aee .you have suspended or effectively terminat~ Or unaerminea A 'Y of r. their I had wam~ you ~gat any precipitous a~.o.n o.n your part .would. i_n all .pwb.a.bility have di~tstroua results for you and could prejudic~ ~e oppo.rtu.mty .ol'.n .n~.. m.g A~ repayment, Several times, you have drag y~r f.~t aha miser me :wmaow ' oppb'nunifg~-; now, you ~eem to have closed n torever. It is said that "while genius knows it limits - stupidity knows NO bo~ndai" I hope the G~org~ relieves his back and oth~' p.rab?ms.. In any event, I wish you a Merry Christmas and a nappy r~ew Ycarl George L Gareia, Do You Yahool? Ch~k oot Yahool Shoooin~ and Yahool Au~oua fu~ all of your unique holiday gifisl Buy at http:Hsho~ping.'~-ah~o.com or bid at htlp://auctiona.yahoo,com gO ~gVd 3-I.L~O~U. -nip LO$~Lg~ L~:~0 ~08~/0~/L0 Z/~ 5d ~ NdO~:90 LOO~/~L/~g uo 969d600gl:~lu!ad ~A~$~0/~£~09 JO~ [Og] eU!l uo ~0:90 u! gdgg:90 gOOZ/gL/~,^~a~ SETTLEMENT AGREEMF, NT THIS AGREEMENT (the "Settlement Agreemanf'), is made by, between snd/or among George E. Carriger and/or Dorothy E. Csrri~er (jointly and severally heminai%r called aLender") end George J. Gsrcia (hereinafter called "Gnsrsntor sad/or "GJGW). BACKGROUND WHEREAS, Lender funded a $t5,000.00 (~be "Principal Sum") loan to Steellon Capil~l, Ltd., a Delaware corporation ('~Borrower"), evidenced by a certain Discotmt Note (the ~First Note") from Borrower to Lender, dated 8 April 1998, which note was guaranteed by thc Cmsrantor. WHEREAS, the Fh~ Note was repaid and reilnzm'.ed by a certain Discount Note in lhe amount of $16,380.38, d.-.ted 8 October, 1999, (the "Second Note") from Borrower to Lender, which note was guaranteed by the Cmarantor. WHERF_AS, the Socand Note was repaid and refinanced by a cern*in Discount Note in the amount of $17,756.88, dated 18 May 2000, (tbe "Third Note") from Borrower to I-~nder, which was guaranteed by the Guarantor, WHEREAS. the Third Note has boca extended by various written extension agrmmen~s by and among the Lender, Borrower, and Cam'en~r (jointly the "Third Note Extension Agrccments") - with the Third Note and the Third Nora F. oaension Agreements are incorporated herein by reference and made a part hereof and hereinafter arc call~d, jointly and severally, "the Loan." WHEREAS, there have been a series of tra~sa~tlons by, between, and/or among the Lender, Borrower, and/or Guarantor relA6,$ to the First Note, the Second Note, The Third Note, and the Third Note Extension Agreements - including, without limilation, the giving to L~a~r by Borrower of various posrda~ed chocks (with the refmancings and/or extensions of the First end/or Second Notes) - which checks have [~en and are being held by the Lender and which represent promissory notes of Borrower to Lender to facilitate payment by the Borrower and said chocks/promissory notes became null ~ void upon the isz~snce of the Third Note); WHEREAS, the Third Note and the Third Note Extension Agreementz are herc~nsffer called, jointly and severally "the Loan" and arc evid~nc~ of Borrower's being initially advanced or lant, by the Lender, the s~tm of $15,000.00 (the "Principal Sum") plus certain interest payments on principal balance~ of said loa~. WHEREAS, Lender and Ouaranlor desire hereby to settle any and all past, present, and future disputes And differences relating to thz Loan and/or any matter minted thcreto and/or arising out of. page one of four ~0 ~Vd ~'LL,SO~ ~3I~ LO6~LS~ L~:90 l/£ 5d * #dO~:~O tOO~/gt/~L uo 969~600g pelulad ~A~S~Otl £~OY aO~ [OL] 9u!1 uo ~0:90 u! gd~t:~O LOO~/gL/~L AGREEMENT WHEREFORE, in Consideration the promises and covenants herein contained, the adequacy and sufficiancy of which are acknowledged by the Lender, intending to be legally bound thereby, Lender and O$O mutually agree as follows: The foregoing Bac, kgro;,,~l is fac~s!ly correct and complete and is made a part of this Settlemant A~eement and/or ~he AGREEMENT portion thoreof. That upon payment of the Principal Sum of the Loan - Le., the sum of $15,000.00 - to the Lender - on or before 31 March 2002 0he "Termination Date" of this Settlement A~-eement): A. Lender will and he.by does accept the s~me in full satisfaotion and discharge of the Loan and/or any Loan guaranty by (~$G thereof a~d releases the Borrower and Guarantor; The paymerit of the Principal Sum is and will be in full settlement, accord, and satisfaction of any and all claims, demands and causes of action of evelT nature which thc Lender now has and/or hereinafter may have against the Borrower and/or the Guarantor because of the Loan or any matter arising out of or related them, to and remiscs, releases, and forever dischargcs Borrower and/or Ouerantor fi'om any further claims, payments, debts, d~nds, dams.oes~ actions and cause~ of action under az!.d or pursuant to the Loan, any guaranty alp~l~eut the~of, or any matters) arising out of or rela~cd thcrcto (including, without limit/ion, Lender's legal fees or costs); Lende~ indemnifies and holds harmless Bo~ower and/or Ouarantor from and against any and all liability, claim, action or cause of action, matter(s), loss, Cost and/or expe~ (including legal fees and costs) arising or growing out of or relaied ~o the First Loan, Second Loan, ibe Third Loan, thc Third Loan Ex~nsion and/or any guaranty agr~mcnl(s) thcrcto - inoluding, without limitation, I.~nder's legid fees and costs;. Any release and/or indvmnification by Lender of Borrower and/or Ouan~or harei~ s~ f~ ~l, ~ll, ~ does ex~ ~ ~y ~ ~I ~ execute, ~s~m~. s~, &~t~ m~be~, office, ~ploy~s. ~or ~si~ of Bo~w~ ~or ~r Oozily ~d ~v~y ~ ~l~o!6~ P~es'~ - ~d ~ ~ is ~id ~m ~e ~gi~ni~g ~ ~c end of~c. Upon payment oftbe Prinoipal Sum, Lender hereby expressly agrees (from the until ~ c~d oftime).to indemnify and hold harmless Bon, ower and/or Guarantor from and A~o~in~t any ~ ~ c[alms~ loss, dsms!~s, injury, and liability however caused, resulting l~om pagetwooffive PO B~d 3-LLSO~i qqlC LO6£Lg£ LS:Pg I00~/0~/L0 Z/9 5d a NdO~:90 ~OOZ/BL/~L uo 969~6008 paluldd ZA~S~Otl £g09 Jo; [0~1 aU!l uo 90:90 u~ Ndit:90 LOO~/~L/~t pa^$ooe~ 10*' ~ arises out of the First, Second, and/or Third Notes and/or The Third Note Extension A~ments and/or the Loan and/or this Selflcmont Agreement - including, without limitation. Londcr's lcgsl fccs or expenses. Lender has and will not dudn~ the term of this A/rcemcn't (i.e, until after thc Termination Date"), give Bon'owcr and/or Guarantor any not/cc of default under thc Loan, scck to cuter or confess any jud~ernent(s) on the Loan, or take or permit to be taken any action to collect any sum(s) which may be due the Lender under the Third Loan and/or the Third Loan Extension A~eements and/or any guaranty thcrcof. TO DO SO._ LENDER AGREES. ]IEPRESI~NTS AND WARRANTS WII.I. CAUSE GUARANTOR IRREPAIIABLE HAR~ ANB LOSS AND IS AN IMM~DIAIW. CANCEIJ.ATION OF THIS A/3I~F, EME, NT ANI) IM~W..IHATEL¥ REI.EA,qF,,S - FOR ALL TIMIt - THE GUARANTOR FROM A_NY AND ALL LIABILITY' TO LENDER AS IF HR HAD NEVER EXECUTED ANY GUARANTY AGREEMENTfSI TO THE FIRST. SECOND. AND THIRD NOTF,-q AND/OR THE LOAN. AND/OIl AS IF TIlE BORROWER HA1) NEVER EXECUTED ~IAID NOTF. S. AND/OR AS IF LENDER HAD NEVER ADVANCED ANY MONEY TO BORROWER. AND'OR FOR THE PRINCIPAL SUM AND/OR ANY OTHRR SUMiS] DUE LENDER. AND/OR FOR ANY O~.R MATI'ER OR THING ARISING OUT OF OR IN RELATION Thc Rdc~c m~l Indemnification provisions hereof shall ;.~ will survive and not be merged into the payment of the Principal Sum, the cancellation of the TMrd Note and/or thc Loan, the breach ar~.or substantial repudiation and/or cancellation of this Settlement Agreement by thc Lender, and/or any other document, instr~nent, ~vent, or tmppenlng. Should the Principal Sum not be paid to the Lender on or before the Termination Date, this Setdcmem Agreemcnt is null and void. Upon payment of thc Principal Sum, Lender will remm to OJO the original of all notes, checks, gueranty agreements, and extension agr~emants marked paid in full and released, dated, and signed by the Lender. So that Lender may consult with accounting, le~ lax or other counsel, if any, Lender is tmeby given until 15 D~cember 2001 (thc Drop Dead Date") to revicw, execute, and tatum to O$O all three copies of this Settlement Agreement. This A~reement will be null and void unless three eompletely siEned cople~ are returned by Lender to AND RECEIVED by CJG - ONLY by prepaid, regular, first class U.S. mail, on or before l~; December 2001 (the Drop Dead Date'). This Scttlcment Asrecment shall, will, and does survive and not be merged into payment of the Principal Sum, any breach, repudiation, or cancellation hereof bythe Lender, and/or paso three of five any other document, instnunent, event, or 11, The Date of this Ag~cmcnt shall and will for all p~poses be thc date that it is executed by 12. l',loticcs shall be ~ivm at the following addresses - for any and all purposes - AND must be by prepaid, red. dar, first class U.S. mail ONLY. or by such rc~rular mail at such other address as a pa~'y shall so nodfy an other party. · L~NDER: Ocort¢ E. Catrlgcr and/or Dorothy E. Ca.niger P.O. Box 167 Rhvems, PA 17570-0167 · GUARANTOR: George J. Garcia P.O, Box 934 Mechanicsburg, PA 17055-8934 13. This SctOcmant A~reement is cxecutod in triplicate by the pnx~cs, each to have the full force and effect of the original for all purposes and with each counterparts constituting one original agreement. 14. If any provision of this Settlement Agreement is ruled to be illegal, not binding, or invalid the remainder .thereof shall not be effected thereby, as if said provision(s) never existed. 15. E~¢h party beteto acknowledges receipt of a complete copy hereof. 16. This Agreement is executed in and shall be governed by the laws of the State of Pennsylvania, may only bc chaagcd or modified in writing, signed by ali parties hereto, and sets folth the entire agree~_..m~_ t and understanding between the parties, merging herein any and ail prior oral or written agreements or understandings and with there are absolutely no oral or written contemporaneous a~reements or tmdemandin&s, IN W1TNESS WHEREOF, the parties hereto have set their hands and seals, as of the dates set forth, agreement of thc fo~-going and intruding to bc l~,ally bound thereby. WITNESS: George E. Carrier date SS: Dorothy E. C~-dS~ dat~ pa~e four of five ~0 3F~qd 3-1.L~3bl~ ~I£ LOB~L~ Lg:PO ZI9 ad e NdOZ:90 tOOE/g~/Zt uo 96956008 paau!dd EA~S~HO~ £Z09 JO~ [OL] aU}l uo 90:90 u! Nd~:90 LO0g/gL/gt pa^~eaa~ WITNESS: l~e five of five LO ]gVd ~-LL$O~£ -I-II~ Lg68Lg~ L~:PO ~00~/0~/L0 Z/Z 6d ~ NdOZ:~O LOOZ/GL/ZL uo ~6~&600B pa~u!Jd ZA~S~O~ £gO~ JO~ £OL] aU~l uo ~0:~0 u~ Nd~L:~O ~O0~/gL/~L pa^~aoa~ Exhibit E Pennsylvania Depamnent of State - Corporations Page 1 o'fl Corporations Department of State Secured Transactions Infomlatic~l Ser~ces Forms Filing Information Fees & Payment Business Names Searchable Database FAQ Additional Resoumes Return to Searchable Database Main Menu (Use Last Name, First Name for business names which consist of a person's first and last name (i.e., Smith, John Inc.)) General Name Search Entity Number: Name: Search Completed for: steelton capital I Entity Number II Name II Filed Date II Ci~/ II Type Il Remarks l 155140~ ISTEELTON CAPITAL, LTD. 2-13-1990 LEMOYNE NCORPORATED BUS NESS Pennsylvania Department of State 206 North Office Building, Harrisburg, PA 17120 Phone - (717) 787-1057 DOS Home DOS Phone Directory I Site Map [ Contact DOS I Events D rect ons to DOS I Search DOS Site http://corps.state.pa.us/gnsearch.php 12/26/01 Pennsylvania Department of State - Corporations Page 1 o't' 1 Corporations Department of State Secured Transactions Information Se~ces Forms Filing Information Fees & Payment Business ~mes Searchable Database FAQ Additionel Resources Return to Searchable Database Main Menu (Use Last Name, First Name for business names which consist of a person's first and last name (i.e., Smith, John Inc.)) Basic Entity Information I~ INCORPORATED BUSINESS ENTITYNO: IIl~S140S FILED DATE: CURRENT NAME: ORIGINAL NAME: ADDRESS: CITY: COUNTY: PURPIDE$CICMNT: LTD AUTH: TYPE: ~ INCORPORATED BUSINESS . IICONSENT: liN 2-13-1990 STEELTON CAPITAL, LTD. STEELTON CAPITAL, LTD. 717 MARKET ST STE 210 BROAD IN ~ LTD/INC TERM IIPERPETUAL Corporate Officers I Instrument History I Pennsylvania Department of State 206 North Office Building, Harrisburg, PA 17120 Phone - (717) 787-1057 DOS Home I DOS Phone Directory I Site Map I Contact DOS I Events I Directions to DOS I Search DOS Site http ://corps. state .pa.us/basicentity .php?entityno= 1551405 12/26/01 Pennsylvania Department of State - Corporations Page 1 of 1 Corporations Department of State Secured Transac[ions Infom~ation Se~ces Forms Filing Information Fees & Payment Business Names Searcheble Database FAO Addi[ional Resources Return to Searchable Database Main Menu (Use Last Name, First Name for business names which consist of a person's first and last name (i.e., Smith, John Inc.)) Corporate Officers ENTITY NO: NAME: CHIEF EXECUTIVE OFFICER: TREASURER: MAILING ADDRESS: 1551405 REPORT FILED AS OF: II 12-31-1989 STEELTON CAPITAL, LTD. GEORGE J GARCIA GEORGE J GARCIA CIO GEORGE J GARClA PO BOX 521 Basic Entity Information [ Instrument History I Pennsylvania Department of State 206 North Office Building, Harrisburg, PA 17120 Phone - (717) 787-1057 DOS Home DOS Phone Directory I Site Map I Contact DOS I Events Directions to DOS I Search DOS Site http://c~rps~stat~~~/c~r~ff.php?curpage=~&entityn~=~55~4~5&c~mam=STEELT~N%2~CAP~TAL~%2~LTD 12/26/01 Pennsylvania Department of State - Corporations Page 1 of 1 Corporations Department of State 8c~cumd Transactions Inrcrmation Ser~ces Forms Filing hlformation Fees & Payment Business Names Searchable Database FAO Additional Resources Return to Searchable Database Main Menu CUse Last Name, First Name for business names which consist of a person's fnst and last name (i.e., Smith, John Inc.)) Instrument History ENTITY NO: CURRENT NAME: TYPE: ARTICLES OF INCORPORATION-BUSINESS CHANGE OF REGISTERED OFFICE J11551405 . II STEELTON CAPITAL, LTD. II 9447 II 2o, II 206 II II 3-~o-,,94 Basic Entity Information I Corporate Officers [ Pennsylvania Department of State 206 North Office Building, Harrisburg, PA 17120 Phone - (717) 787-1057 DOS Home I DOS Phone Directory I Site Map I Contact DOS ~Fen{s_ I Directions to DOS I Search DOg ~ http://corps.stat.../corhis.php?curpage= 1 &entityno= 1551405&comam=STEELTON%20CAPiTAL,%20LTD 12/26/01 Exhibit F SHERIFF'S RETURN - REGULAR CASE NO: 2001-06408 P COMMONWEALTH OF .PENNSYLVANIA: COUNTY OF CUMBERLAND CARRIGER GEORGE E ET AL VS STEELTON CAPITAL LTD ET AL DAVID MCKINNEY , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within CONFESSION OF JUDGEMEN was served upon GARCIA GEORGE J the DEFENDANT , at 1750:00 HOURS, on the 5th day of December , 2001 at HECHTS DEPARTMENT STORE CAPITAL CITY MALL CAMP HILL, PA 17011-3514 GEORGE GARCIA by handing to a true and attested copy of CONFESSION OF JUDGEMEN together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 6.00 Service .00 Affidavit .00 Surcharge 10.00 .00 16.00 Sworn and Subscribed to before me this day of A.D. Prothonotary So Answers: Thomas Kline i2/11/2001 SAUL EWING Deputy Sheriff ~ Exhibit G SHERIFF'S RETURN - REGULAR CASE NO: 2001-06408 P COMMON-WEALTH OF PENNSYLVAiqIA: COUNTY OF. CUMBERLA/qD CARRIGER GEORGE E ET AL VS STEELTON CAPITAL LTD ET AL JODY SMITH Sheriff or Deputy Sheriff of Cun~berland County, Pennsylvania, who being duly sworn according to law, says, the within CoNFEssION OF JUDGEMEN was served upon STEELTON CAPITAL LTD the DEFEND~.NT , at 1415:00 HOURS, on the llth day of December , 2001 at CUMBERLAND CO SHERIFF'S OFFICE ONE COIDRTHOUSE SQ C3tRLISLE, PA 17013-3514 by handing to GEORGE GA_RCIA FOR STEELTON CAPITAL a true and attested copy of CONFESSION OF JUDGEMEN together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 26.00 Affidavit .00 Surcharge 10.00 .00 54.00 Sworn and Subscribed to before me this day of Prot honor az-y So Answers: R. Thomas Kline 12/11/2001 SAUL EWING / Deputy Sheriff CERTIFICATE OF SERVICE I, Paige Macdonald-Matthes, Esquire, hereby certify that on this l0th day of January, 2002, I served a true and correct copy of the foregoing Reply to Petition to Strike Off Judgment via First Class Mail, postage prepaid, upon the following: Steelton Capital, Ltd. 5250 Simpson Ferry Road, Suite 330 Mechauicsburg, Pa 17055-3514 George J. Garcia P.O. Box 934 Mechanicsburg, PA 17055-8934 Paig'e Macdonald-Matthes C) o SHERIFF'S RETURN - CASE NO: 2001-06408 P COMMONWEALTH OF PENNSLYVANIA COUNTY OF CUMBERLAND GARNISHEE CARRIGER GEORGE E ET AL VS STEELTON CAPITAL LTD ET AL And now GERALD WORTHINGTON , Sheriff or Deputy Sheriff of who being duly sworn according 8th day of January 2002, attached rights, debts, credits, and Cumberland County, Pennsylvania, to law, at 0015:30 Hours, on the as herein commanded all goods, chattels, moneys of the within named DEFENDANT , STEELTON CAPITAL LTD hands, possession, or control of the within named Garnishee MID PENN BANK 4622 CARLISLE PIKE MECHANICSBURG, PA 17055 Cumberland County, Pennsylvania, by handing to KELLY KUNKLE (HEAD TELLER) , in the personally 3 true and attested copies of the within WRIT OF EXECUTION and made the contents thereof known to Her Sheriff,s Costs: Docketing .00 Service .00 Affidavit .00 Surcharge .00 .00 .00 So answers: R. Thomas Klinc Sheriff of Cumberland County 00/00/0000 . ~ . Ey. Dephty~heriff Sworn and subscribed to before me this.~ ~ A.D. day of~f~7 n, Prot~forfota~ - ' SHERIFF'S RETURN - GARNISHEE CASE NO: 2001-06408 p COMMONWEALTH OF PENNSLYVANIA COUNTY OF CUMBERLAND CARRIGER GEORGE E ET AL VS STEELTON CAPITAL LTD ET AL And now GEP~ALD WORTHINGTON , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, at 0015:30 Hours, on the 8th day of January , 2002, attached as herein commanded all goods, chattels, rights, debts, credits, and moneys of the within named DEFENDANT GARCIA GEORGE J hands, possession, or control of the within named Garnishee MID PENN BANK 4622 CARLISLE PIKE MECHANICSBURG, PA 17055 Cumberland County, Pennsylvania, by handing to KELLY KIINKLE (HEAD TELLER) , in the personally 3 true and attested copies of the within WRIT OF EXECUTION and made the contents thereof known to Her . Sheriff's Costs: Docketing .00 Service .00 Affidavit .00 Surcharge .00 .00 .00 Sworn and subscribed to before me this /J'~ day of~ ~/r~ 2~ A.D. P~o~hon~tary ~ ' So answers: R. 'Thomas Kline ! Sheriff of Cumberland County oo/oo/oooo Deputy Sheriff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA GEORGE E. CAR1LIGER and DOROTHY E. CARRIGER 106 Heisey Avenue P.O. Box 167 Rheems, PA 17570-0167 Plaintiffs CIVIL ACTION NO. 01-6408 VS. STEELTON CAPITAL, LTD. (a Pennsylvania Corporation) 5250 Simpson Ferry Road Suite 330 Mechanicsburg, PA 17055-3514 and GEORGE J. GARCIA 5250 Simpson Ferry Road Suite 330 Mechanicsburg, PA 17055-3514 Defendants PTT N W D T I N To the Honorable Court, the Judges of said Court: NOW COMES, George J. Garcia, the individual defendant in the above-entitled cause (hereinafter called "GJG" and/or the "Individual Defendant"), pro se, and moves the Court reschedule and continue the hearing on the Rule to Show Cause Why Judgement Should Not Be Stricken And Sanctions Imposed (issued by the Hon. Edward E. Guido, on 21 December 2002), set for 23 January 2002, at 2:00 P.M. in Courtroom #5 of the Carlisle County Courthouse, Carlisle, Pennsylvania, for the following reasons: GJG is a disabled individual within the meaning of The Americans with Disabilities Act of 1990 ("ADA" - Public Law No. 101 -336, 104 Stat 327 (1990), 42 USCA Sec 1210 et seq) in that he has a physical or mental impairment that substantially limits one or more of the major life activities, has a record of such impairment, or has been regarded as having such an impairment (42 USCA Sec 12102(2) - namely - without limitation, walking, standing, mobility, and hearing (jointly and severaily the "Disabilities"), That without reasonable accommodation of the Disabilities, GJG is and/or will not be able to adequately assist in, prepare for, prosecute his case, and/or to effectively participate in any hearing(s) thereon - in short, "be heard and hear;" GJG has been for over a week and is currently ill with "the flu" and has not been able to arrange to be represented by and/or confer with Pennsylvania legal counsel - having contacted the local bar association for assistance in obtaining such legal counsel, GJG was unaware until yesterday that a hearing was set upon his Petition for next week - believing that Plaintiffs and Plaintiffs Counsel had until 23 January 2002, to respond to Defendant's Petition to Strike and Impose Sanctions; GJG yesterday (14 January 2002) contacted the Assistant Court Administrator and Judge Guido's law clerk, learned of the hearing date next week, explained his Disabilities and requested "Reasonable Accommodations," and was told that a petition must be submitted to obtain a continuance; GJG received, 9_g!3L~t~, 12 January 2002, Plaintiffs' Reply to Petition to Strike Off Judgement ("Plaintiffs Reply") and a Notice to Plead requiring a written response within twenty (20) days from the service (i.e., it is ~, on or before 20 days from 12 January 2002) - ~vhich is AFTER the scheduled hearing); It is unclear to GJG, what is required of the Individual Defendant under the Cumberland County Rules of Court of the Ninth Judicial Circuit (C.C.R.P.) and/or the applicable Pennsylvania State Rules of Civil Procedure regarding briefs - or a memorandum in support of the Petition to Strike and Impose Sanctions -prior to the scheduled hearing or subsequently rescheduled hearing and GJG wishes to confer with local counsel so as to comply with the letter and spirit of all applicable rules and avoid and not suffer any liability, loss, cost or expense or default for any - even inadverent - noncompliance; Plaintiff's Reply grants Defendant time beyond the scheduled heating to respond or plead and Plaintiffs are therefor not prejudiced by an extension of time and continuance as requested; 9. Failure to grant the requested continuance will deny the Individual Defendant proceduural and substantive due process, the right to confer with and be EFFECTIVELY represented by counsel, and deprive the Individual Defendant of his right to assist in, prepare, and present a vigorous defense - all of which will result in substantial and irreparable harm, loss, cost, and expense to the Individual Defendant and/or Steelton Capita/, Ltd., a Pennsylvania corporation (in that one or both will be deprived of property without due process of the law) - ~nd would be fundamentally unf0;,. It is therefore asked that the Court grant a continuance (for a period of at least thirty (30) days from the scheduled hearing date) of this action, direct the Court Administrator or other designated official to assist GJG in the reasonable accommodation of his Disabilities, and that all proceedings to stay. Respectfully submitted, P.O. Box 934 Mechanicsburg, PA 17055-8934 717.737.2682 C~ERTIFICATE OF SERVICE AND NOW, this 15th day of January, 2002, I hereby verify that I caused a true and correct copy of the foregoing document to be placed in the U.S. mail, first class, postage prepaid and addressed as follows: GEORGE E. CARRIGER and DOROTHY E. CARRIGER 106 Heisey Avenue P.O. Box 167 Rheems, PA 17570-0167 Paige MacDonald-Matthes and/or Paula D. Shaffner and/or Saul Ewing LLP Two North Second Street, 7t~ floor Harrisburg, PA 17101 oj~.~ j. ~~eia IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY. PENNSYLVANIA GEORGE E. CARRIGER and DOROTHY E. CARRIGER 106 Heisey Avenue P.O. Box 167 Rheems, PA 17570-0167 Plaintiffs VS. STEELTON CAPITAL, LTD. (a Pennsylvania Corporation) 5250 Simpson Ferry Road Suite 330 Mechanicsburg, PA 17055-3514 and GEORGE J. GARCIA 5250 Simpson Ferry Road Suite 330 Mechanicsburg, PA 17055-3514 Defendants CIVIL ACTION NO. 01-6408 ORDER GRANTING CONTINUANCE After due consideration of the pro se petition, motion, pleadings, and arguments of George J. Garcia, this Court having concluded that said Petition should be granted, it is, therefor, ordered that, .t~ ~ ~,~ ~-~.e.~ ,~ IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY. PENNSYLVANIA GEORGE E. CARRIGER and DOROTHY E. CARRIGER 106 Heisey Avenue P.O. Box 167 Rheems, PA 17570-0167 Plaintiffs VS. STEELTON CAPITAL, LTD. (a Pennsylvania Corporation) 5250 Simpson Ferry Road Suite 330 Mechanicsburg, PA 17055-3514 and GEORGE J. GARCIA 5250 Simpson Ferry Road Suite 330 Mechanicsburg, PA 17055-3514 Defendants CIVIL ACTION NO. 01-6408 AMENDED PETITION TO STRIKE OFF / OPEN JUDGEMENI' To the Honorable Court, the Judges of said Court: NOW COMES, George J. Garcia, the individual defendant in the above-entitled cause (hereinafter called "GJG" and/or the "Individual Defendant"), pro se, and moves the Court strike offor in the alternative open the judgement heretofore entered therein for the following reasons: A. PETITION TO STRIKE JUDGEMENT 1. The Pennsylvania Rules of Civil Procedure must be strictly followed if a valid confession of judgement is to be entered. (Scott Factors, Inc. v. Hartley (1967) 425 Pa 290), 228 A2d 887; Citizens National Bank v. Rose Hill Cemetery Asso. (197 I) 218 Super Ct 366, 281 A2d page one of eleven o 73.) These Rules were and are written to give a debtor additional protection by prescribing requirements in the procedure for relief from confessed judgements. There is no mason in law or policy for permitting the abborgation by a court of these protections by waiving the mandatory provisions of the Rules. ( Citizens National Bank v. Rose Hill Cemetary Asso. (1971-) 218 Super Ct 366, 281 A2d 73.) Pa R Civ P Rule 2952(a) requires that the Complaint must contain the names of the parties. .The Pennsylvania Rules of Civil Procedure provide that the prothonotary must enter judgement by confession AGAINST THE PERSON WHO EXECUTED IT. (Pa P Civ Rule 295 l(a).) When a proceeding to enter judgement by confession is commenced by the filing of a complaint, the complaint and the confession of judgement are to be read together in detemfining whether or not there are defects apparent on the fact of the record. (Parliament Industries, Inc. v. William H. Vaughn & Co., (1983) 501 Pa 1,459 A2d 720.) Accordingly, the Court is asked to take Judicial Notice of the Complaint, Judgement, and exhibits to the Complaint that: Plaintiff has sued and taken judgement by confession against Steelton Capital, Ltd., a Pennsylvania corporation (the "Corporate Defendant"), NOT against the maker of said note(s) and that all of said notes on their face say "Steelton Capital, Ltd., a Delaware corporation" (hereinafter called the "Borrower") and that the attached Guaranty is for and of "the attached ... Note" (i.e., that of Borrower and NOT the Corporate Defendant); The Court is further asked to take Judicial Notice of the exhibits o f Plaintiffs that: the Corporate Defendant never signed ANY OF the exhibited documents - but one or some of page two of eleven o o them were signed by a Delaware corporation and that the Corporate Defendant never gave any warrant of attorney to Plaintiffs/Lender to confess judgement. Accordingly Plaintiffs are not authorized by the face of any of the notes exhibited in the Complaint -to confess judgement against the Corporate Defendant and GJG never guaranteed any of the exhibited notes on behalf of the Corporate Defendant. A warrant of attorney to confess judgement is the very essence of the judgement, not a minor part of the clerical process, and without such warrant, a judgement is void. (Wells v. Cahan (1988) 1 D & C4th 394.) Judgements by confession can and must be stricken for irregularity in the record (Pennwest Farm Credit, ACA v. Hare (1991) 410 Super Ct 422). Suing and taken judgement against the wrong party - NOT a maker of any of the notes in the Complaint and GJG as the guarantor of notes NEVER signed or made by the Corporate Defendant and/or without its warrant of attorney is/are "an irregularity" A release of errors (IF naming a Pennsylvania corporation, as the Corporate Defendant, and taking judgement by confession against it is a "mistake or an error" INSTEAD OF AN INTENTIONAL ACT does not cure a lack of authority to confess judgement against the Corporate Defendant and thus against GJG. It is believed that taking judgement against the Corporate Defendant - without it ever signing any of the notes exhibited in the Complaint and without granting any warrant of attorney to confess judgement - was and is a deliberate and fraudelent act - of Plaintiffs and/or Plaintiffs Counsel - made to deceive the Court into entering judgement against an entity other than the Borrower so as to defraud GJG and/or said Corporate Defendant and/or in an page three of eleven attempt to extort money from said Corporate Defendant and/or GJG by virtue of a judgement obtained by confession. A. Plaintiffs signed Verifications, that the facts in the Complaint were true and correct and that they were aware of the penalties ofunswom false statements; yet permitted the Complaint and Judgement to be filed and entered. B. Plaintiffs Attorneys are members of the Pennsylvania State Bar, assumed to know the applicable law, rule, and regulation, are officers of this Honorable Court, and (unless grossly incompetent or "plain stupid") can read the notes attached to the Complaint, know that the Borrower was and is Steelton Capital, Ltd., a Delaware corporation, know that the Corporate Defendant did not execute any warrant of attorney, nor that GJG guaranteed the attached note(s) of Borrower and NOT he Corporate Defendant, and know who to sue - as well as they may not confess judgement against.. Yet here we are!!! The Corporate Defendant and/or GJG has, have, or may suffer irreparable harm, loss, cost, and expense because of the improper judgement and the actions and inactions of Plaintiffs and/or the Firm. While the Judgement taken by confession is a nullity and is of no more force and effect as if taken against "Mickey Mouse;" GJG regrets to say that it could be called a "Mickey Mouse Judgement" and holds this Court and the LAW up to possible scorn and redicule. The Honorable Court is NOT a "Mickey Mouse Court!" As Melvin Belli, Esq. said, "the Law is not an ass - but those who try to bend and pervert it - ARE." page four of eleven 'C. Eo F. By perverting the Rules and by fraud and deception, Plaintiffs and/or Plaintiffs' Counsel has/have for their own financial gain caused the Complaint to be filed and the Judgement to be entered - seemingly "all in a legal way!" 9. The First Note was paid in full and refinanced by the Second Note (or some subsequent note), can not therefor possibly be in default, and if not in default -judgement can not be confessed against any debtor and/or any guarantor;. 10. The Second Note (or the note which actually paid in full the First Note) was paid in full and refinanced by the Third Note - and accordingly can not possibly be in default, and if not in default - judgement can not be confessed against any debtor and/or any guarantor;. 11. There appears to possibly be some valid Third Note - but the Corporate Defendant never signed it (or the First or Second Note) and thus said Pennsylvania Corporation AND/OR GJG can not be liable under the Third Note in this action. 12. It is unclear which of Plaintiff's exhibited notes and guaranties are confessed (as the Complaint contradicts itself saying its the First, some combination of the First, Second or Third, the Third, and/or all os some of the First, Second or Third plus (perhaps) its exhibited "Payoff Calculation - therefor, due process and equal protection (for Corporate Defendant and/or GJG) requires ANY Judgement to be stricken. 13. The Second Note exhibited is unsigned and can not possibily bind ANYONE TO ANYTHING!! 14. The alleged "Payoff Calculation" (exhibit) is unsigned, contains handwritten "scriblings" from a person or persons unknown, is not proof of any indepetness by ANYONE, or any interest thereon, and can not be used to confess judgement or calculate the balance of any page five of eleven loan(s); 15. The First Note as exhibited also seems to have been altered by persons or persons unknown If the exhibited First and Third Notes - along with the unsigned Second Note and/or the unsigned Payoff Calculation are to constitute one note/loan/debt or agreement - there is no way that one ANYTHING exists - which may be confessed against ANYONE. 16. The Second Note to valid and enforceable must be BUT was not signed and contains a warrant of attorney NOT accepted or granted by any maker and/or guarantor thereof; 19. The exhibited Second Note contains a Guaranty agreement which is also unsigned and is of no force and effect. 20. The Plaintiffs never gave Borrower and/or Corporate Defendant and/or Guarantor notice of default under any note which was received or offered proof to the contrary; 21. The Notice of Default (Plaintiff's Exhibit "E") was never received by GJG who demands strict proof that GJG signed ANY certified receipt therefor. 22. Any "Notice" attempted by Plaintiffs and/or Plaintiffs' Counsel was and/or would be invalid as the Corporate Defendant never executed any note(s) to, for, or with Plaintiffs/Lender and GJG is not the guarantor of any obligation of the Corporate Defendant to Plaintiffs - since no know such obligation(s) exist(s)! 23. There is no note of the Corporate Defendant to Plaintiffs, no guaranty of GJG thereto, their was no notice of&fault and if so, so what, if there were no notes or guarantees; 24. Judgement by Confession against the Corporate Defendant and GJG is by sunrise and represents financial and legal terrorism and must and can not stand. 25. Judgement is grossly excessive, not authorized by the instruments exhibited, and recovery page six of eleven unconscionable. 26. Plaintiffs "proceedings" totally deprive the Corporate Defendant and GJG of equal process and due process of law; 27. The Borrower has defenses which is could raise and are not to be waived hereby and the Corporate Defendant and/or GJG can and may not so waive any defense, claim, counter- claim, or cause of action which the Borrower or GJG may have as a Guarantor of any note(s) or other obligations OF ANY) to Plaintiffs which arises out of or is in reflation to this action, any note(s), or guaranty agreement(s), or otherwise. 28. GJG reserves the right and seeks leave of the Court to retain Pennsylvania legal counsel and/or to otherwise subsequently raise any other defense(s) as may be available and does NOT waive any such defense or remedy by virtue hereof in this or any other proceeding; 29. Corporate Defendant never executed the notes exhibited on which Plaintiffs have taken judgement and accordingly GJG can not liable as a guarantor under any or all said notes. 30. Plaintiffs have NO authority to sue and confess judgement against Corporate Defendant and GJG, as the guarantor of notes never executed by said Corporate Defendant. 31. Steelton Capital, Ltd, a Pennsylvania corporation and the Corporate Defendant is not Steelton Capital, Ltd, a Delaware Corporation, and never has been; nor has it borrowed any money from Plaintiffs. Accordingly, GJG has never guaranteed any loan or note of Steelton Capital, Ltd, a Pennsylvania corporation to Plaintiffs 32. Plaintiffs, at all times, dealt with and lent money to Borrower, as a Delaware corporation, and NOT the Corporate Defendant, a Pennsylvania corporation.. 33. Neither the Corporate Defendant or the Borrower has been served with the Complaint and page seven of eleven Confession of Judgement. 34. Service on the Corporate Defendant is a nullity since the Judgement is null and void. WHEREFORE, GJG prays this Honorable Court to grant a role on Plaintiffs and Plaintiffs' Counsel to show cause why the said judgement should not be struck off and sanctions imposed against Plaintiffs and/or Plaintiffs' Counsel; all proceedings to stay. ALTERNATIVE: PETITION TO OPEN JUDGEMENT NOW COMES, George J. Garcia, the individual defendant in the above-entitled cause (hereinafter called "GJG" and/or the "Individual Defendant"), pro se, and moves the Court in alternative to striking off the judgement heretofore entered therein, open said judgement - for the following reasons: 35. Those reasons set forth above; 36. There exists NUMEROUS factual disputes and questions of fax (set forth in items 1 - 34 hereof) which at trial would be required to be submitted to a jury and require the Judgement to be opened (Pa. R Civ P Rule 2959(e); 37. There exists meritorious defenses to the original action (again as set forth in items 1 - 34 hereof) (Roundley v. D.C. Ventre & Sons, Inc. (1987), 361 Super Ct 253,522 A2nd 569, app den 516 PA 614, 531 A2d 781); 38. This (alternative) petition is equitable in substance and seeks equitable relief 39. GJG and/or Steelton Capital, Ltd. (PA) would have the opportunity of asserting counterclaims - for fraud, etc. (Allied Discount Co. V. McClinton (1981), 286 Super Ct. 21, 428 A2nd 217; 40. Failure to open the judgement would deprive GJG and/or Steelton Capital, Ltd. (PA) of property without due process of law, of equal protection of the laws, and be fundamentally unfair; page eight of eleven 41. Opening the judgement would afford the Defendants the right of discovery and to a trial by jury. WHEREFORE, GJG prays - in the alternative - this Honorable Court to grant a rule on Plaintiffs and Plaintiffs' Counsel to show cause why the said judgement should not be opened and sanctions imposed against Plaintiffs and/or Plaintiffs' Counsel; all proceedings to stay. Respect~,~tted, Geo~. G~cia P.O. Box 934 Mechanicsburg, PA 17055-8934 717.737.2682 page nine of eleven CERTIFICATE OF SERVICE AND NOW, this 23rd day of December, 2002, I hereby verify that I caused a tree and correct copy of the foregoing document to be placed in the U.S. mail, first class, postage prepaid and addressed as follows: GEORGE E. CARRIGER and DOROTHY E. CARRIGER 106 Heisey Avenue P.O. Box 167 Rheems, PA 17570-0167 Paige MacDonaid-Matthes and/or Paula D. Shaffner and/or Saul Ewing LLP Two North Second Street, 7th floor Harrisburg, PA 17101 I IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY. PENNSYLVANIA GEORGE E. CARRIGER and DOROTHY E. CARRIGER 106 Heisey Avenue P.O. Box 167 Rheems, PA 17570-0167 Plaintiffs VS. STEELTON CAPITAL, LTD. (a Pennsylvania Corporation) 5250 Simpson Ferry Road Suite 330 Mechanicsburg, PA 17055-3514 and GEORGE J. GARCIA 5250 Simpson Ferry Road Suite 330 Mechanicsburg, PA 17055-3514 Defendants CIVIL ACTION NO. 01-6408 MEDICAL/DISABILITY CERTIFICATION To the Honorable Court, the Judges of said Court: NOW COMES, George J. Garcia, the individual defendant in the above-entitled cause (hereinafter called "GJG" and/or the "Individual Defendant"), pro se, and moves the Court take judicial notice of the attached Medical Certification of George T. Loose, D.O., dated 22 January 2002, marked "Exhibit A,' which certifies GJG's medical conditions and disabilities and states a need for GJG to have "reasonable accommodations" because of said certified medical conditions and disabilities; and of the attached Placard I.D. Card No. P227242 issued by the Commonwealth of Pennsylvania, Department of Transportation to GJG, attached hereto and marked "Exhibit B," wherby GJG has been found to be a "Person with Disability" and issued said Parking Placard / I.D. Card as a" reasonable accomodation" because of GJG's disability. page two Respectfully submitted, Georrge J. Garcia P.O. Box 934 Mechanicsburg, PA 17055-8934 717.737.2682 page three EXHIBIT "A" page four CERTIFICATE OF SERVICE AND NOW, this 23rd day of January, 2002, I hereby verify that I caused a tree and correct copy of the foregoing document to be placed in the U.S. mail, first class, postage prepaid and addressed as follows: · GEORGE E. CARRIGER and DOROTHY E. CARRIGER 106 Heisey Avenue P.O. Box 167 Rheems, PA 17570-0167 Paige MacDonald-Matthes and/or Paula D. Shaffner and/or Saul Ewing LLP Two North Second Street, 7th _ ~.floor Harrisburg, PA 17101 ~J~ GEORGE E. CARRIGER and DOROTHY E. CARRIGER, Plaintiff/Respondent STEELTON CAPITAL, LTD. and GEORGE J. GARCIA, Defendant/Petitioner IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-6408 CIVIL TERM IN RE: BRIEFS DUE ORDER OF COURT AND NOW, this 23rd day of January, 2002, both parties having agreed that the petition to strike judgment rises or falls based upon the complaint for confession of judgment and the exhibits attached thereto, they are directed to file briefs in support of their respective positions. The brief of the moving party is due on Monday, February 4, 2002. The brief of Respondent is due on Monday, February 11, 2002. The parties are directed to also address the validity of the petition filed on behalf of the corporation by an officer and/or shareholder. The parties are also to address the appropriateness of an amended petition to strike the judgment which includes a request to open the judgment. By the Court, V~Paige Macdonald-Matthes, Esquire Attorney for Plaintiff/Respondent ~eorge J. Garcia Defendant/Petitioner Edward E. Guido, J. ~~ D C~' '~ IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY. PENNSYLVANL4 GEORGE E. CARRIGER and DOROTHY E. CARRIGER 106 Heisey Avenue P.O. Box 167 Rheems, PA 17570-0167 Plaintiffs VS. STEELTON CAPITAL, LTD. (a Pennsylvania Corporation) 5250 Simpson Ferry Road Suite 330 Mechanicsburg, PA 17055-3514 and GEORGE J. GARCIA 5250 Simpson Ferry Road Suite 330 Mechanicsburg, PA 17055-3514 Defendants CIVIL ACTION NO. 01-6408 Alter due consideration of the pro se motion, pleadings, and arguments of George J. Garcia, this Court having concluded that said Motion should be granted, It is, therefor, Ordered that, 1. George J. Garcia is hereby granted a heating on this motion; 2. the scheduled deposition is hereby canceled or postponed and all proceedings stayed pending the outcome of said hearing; 3. the Court Administrator is directed to assist George J. Garcia, in the reasonable accommodation of his Disabilities (in providing a place for the hearing in the Court House and facilities and/or equipment to accommodate said Disabilities); The hearing granted is set for Courthouse; All proceedings are stayed. 2002, at in the Cumberland County By the Court: Dated: .,2002 , j. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY. PENNSYLVANIA GEORGE E. CARRIGER and DOROTHY E. CARRIGER 106 Heisey Avenue P.O. Box 167 Rheems, PA 17570-0167 Plaintiffs VS. STEELTON CAPITAL, LTD. (a Pennsylvania Corporation) 5250 Simpson Ferry Road Suite 330 Mechanicsburg, PA 17055-3514 and GEORGE J. GARCIA 5250 Simpson Ferry Road Suite 330 Mechanicsburg, PA 17055-3514 Defendants CIVIL ACTION NO. 01-6408 MOTION FOR PROTECTIVE ORDER / STAY OF NOTICE OF DEPOSITION IN AID OF EXECUTION To the Honorable Court, the Judges of said Court: NOW COMES, George J. Garcia, the individual defendant in the above-entitled cause (hereinafter called "GJG" and/or the "Individual Defendant"), pro se, and moves the Court reschedule and continue the deposition in aid of execution of the Individual Defendant, currently set for 7 February 2002 at 10:00 AM (in this case, pending before the Hon. Edward E. Guido) pursuant to a certain Notice of Deposition in Aid of Execution (the "Notice") served upon the Individual Defendant on 23 January 2002, and grant the other relief requested below - for the following reasons: The relief requested is as follows: 1. That GJG be granted a hearing on this motion; page two 2. That the scheduled deposition be canceled or postponed and ail proceedings stayed pending the outcome of the requested hearing, 3. That at the hearing, the Court resolve any disputes about the Notice and/or the proposed deposition - to permit this case to proceed with dispatch, 4. That the hearing be held in the Court House in a room in which ail parties, the Court, the reporter, counsel, and GJG may be seated around a smail conference table so that GJG may face everyone and have an opportunity to better hear and take part in the proceedings (the "Requested Accommodation"); 5. and such other relief as justice may demand or require. In support of this motion, the following reasons are assigned: 1. Individuai Defendant, pursuant to the Order of Court, In Re: Briefs Due, ("the Brief Order"), dated 23 January 2002, is required to file a brief or memorandum with the Hon. Judge Guido, on or before Monday, 4 February 2002, even though GJG submitted a Medicai Certificate (which was and is unchallenged by Plaintiffs), asked for a three week period to prepare the required brief AND to obtain legal counsel, and asked for the continuation of the 23 January 2002 hearing; 2. GJG is a disabled individual within the meaning of The Americans with Disabilities Act of 1990 ("ADA" - Public Law No. 101 -336, 104 Stat 327 (1990), 42 USCA Sec 1210 et seq) - in that he has a physical or mentai impairment that substantially limits one or more of the major life activities, has a record of such impairment, or has been regarded as having such an impairment (42 USCA Sec 12102(2) - namely - without limitation, walking, standing, mobility, and hearing (jointly and severaily the "Disabilities"), page three 3. The Court, at the 23 January 2002 hearing, offered "reasonable accommodations" to GJG, such as handicapped parking, accommodations for his hearing loss, 'hvhatever you need," etc.; GJG, a "person of relatively modest means" and a disabled individual, has not had time to consult with legal counsel or obtain representation and is being fomed to proceed pro se within a very_ short time franle; GJO is unaware of all applicable procedural rules (state and/or local) which may be or are applicable to this case, is not represented by counsel, and has so informed the Court; GJG has limited resources for doing the legal research and the drafting required to prepare and submit the required brief/memorandum; A. It is assumed that failure to submit the brief timely could and/or would result in a default and in irreparable harm, loss, cost, and expense to GJG; B. The library available to GJG has limited hours, little evening or weekend hours, limited handicapped parking, a short time limit for such parking, and GJG is required to do research there because some books "do not circulate," and in fact, on occasion, receives physical assistance obtaining books from the able and friendly staff; C. the staff can and will not offer legal advise; to comply with the Brief Order and than be deposed ~ will not permit GJG to prepare for the scheduled deposition and/or conduct the search for the information or exhibits requested; GJG continues to suffer from his disabilities and has not been able to ascertain if reasonable page four accommodations exist at the deposition location so that he may adequately participate;; 9. The Notice is extremely vague and subject to dispute - in apparent violation ofR Civ P Rule 4012(a)(5) in that it requests from GJG information about Steelton Capital, Ltd., without identification of its jurisdiction of formation, requests various documents, certificates, bank statements, etc., etc. etc. for said corporation ~); 10. This vague and extremely broad request is an unreasonable annoyance, oppression, burden, and expense to GJG (in violation of PA R Civ P Rule 4012(a) and of Dettinger v. Fry Communications, Inc. (1988), 49 D & C 3d 106 - also see Hagy v. Premier Mfg. Corp. (1961) 404 Pa 33-, 172 A2d 283; Simon v. Simon (1077) 6 D & C3d 196; McCrary v. John F. Kennedy Memorial Hospital (1977) 1 D & C3d 443; Yoffee v. Golin (1968), 45 D & C2d 318); 11. Plaintiffs' must describe with" reasonable particularity" the matters being inquired into and the materials to be produced ( PA R Civ P Rule 4007.1(e) and PA R Civ P Rule 4009.1 l(b); 12. The Notice improperly requests GJG to produce documentation for a corporation when the applicable procedure appears to be for Plaintiffs to serve notice on said corporation or other entity and for said corporation or other entity to designate a director, partner, officer, employee, manager, or agent to respond or object to the request; 13. The Notice and all discovery is in bad faith - just as was and is the "sneak attack" complaint and confession of judgement against a Pennsylvania corporation and GJG, as the alleged guarantor therefor - in violation of PA Rule Civ P Rule 4011; 14. For good cause shown the Court may stay all proceedings until it disposes of the Motion (Pa R Civ P Rule 4013); page five 15. Plaintiffs' and Plaintiffs' counsel are attempting to abuse the discovery process for their own pecuniary gain; 16. Holding the deposition, as scheduled, will result in additional motions, petitions, hearings, etc. - which will only serve to delay these proceedings and which could be resolved by a stay of the deposition and holding the requested hearing. Respectfully submitted, Mechanicsburg, PA 17055-8934 717.737.2682 CERTIFICATE OF SERVICE AND NOW, this 4th day of February, 2002, I hereby verify that I caused a tree and correct copy of the foregoing document to be placed in the U.S. mail, first class, postage prepaid and addressed as follows: Paula D. Shaffner and/or Paige MacDonaid-Matthes and/or Saul Ewing LLP Two North Second Street, 7th floor Harrisburg, PA 17101~ Gyarcia GEORGE E. CARRIGER AND DOROTHY E. CARRIGER, Plaintiffs : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA STEELTON CAPITAL, LTD. AND: NO. 2001-6408 CIVIL TERM GEORGE J. GARCIA, : Defendants : IN RE: PLAINTIFFS' MOTION FOR SANCTIONS ..AND ORDER DIRECTING ATTENDANCE AT DEPOSITION BEFORE GUIDO J. ORDER OF COURT AND NOW, this 19T~ day of FEBRUARY, 2002, the underlying judgrnent having been stricken, Plaintiffs' Motion for Sanctions and Order Directing Attendance at DepoSition in Aid of Execution is DENIED. ~aige Macdonald-Matthes, Esquire For the Plaintiff eorge J. Garcia ~D~fendant Edward E. Guido, J. 9. GEORGE E. CARRIGER and DOROTHY E. CARRIGER, Plaintiffs STEELTON CAPITAL, LTD. (A PENNSYLVANIA CORP.) and GEORGE J. GARCIA, Defendants : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COLrNTY, PENNSYLVANIA : NO. 2001-6408 CIVIL TERM IN RE: PETITION TO STRIKE OFF JUDGMENT AND AMENDED PEIITION TO STRIKE OFF/OPEN JUDGMENT BEFORE GUIDO,& ORDER OF COURT AND NOW, this / ~1 day of FEBRUARY, 2002, it appearing to the Court that the documents underlying the confessed judgment were executed by Steelton Capital, Ltd. a Delaware Corporation and guaranteed by George J. Garcia, and it further appearing that the complaint for confession of judgment was brought against Steelton Capital, Ltd., a Pennsylvania Corporation, the petition to strike is GRANTED and the judgment entered by confession is STRICKEN. See Commonwealth Dept. of Commerce v. Carlow, 697 A.2d 22 (Pa. Commonwealth 1996). It is further ordered that Petitioner's Motion for Sanctions are DENIED. Edward E. Guido, J. ~q~aige Macdonald-Matthes, Esquire For the Plaintiff w~eorge J. Garcia Defendant/Petitioner :sld GEORGE E. CARRIGER and DOROTHY E. CARRIGER, Plaintiffs STEELTON CAPITAL, LTD. (A PENNSYLVANIA CORP.) and GEORGE J. GARCIA, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2001-6408 CIVIL TERM ORDER OF COURT AND NOW, this 1sT day of APRIL, 2002, a hearing on Defendant's Application to Proceed In Forma Pauperis is scheduled for MONDAY~ APRIL 8~ 2002~ at 11:00 a.m. in Courtroom # 5 of the Cumberland County Cottrthouse, Carlisle, Pa. Edward E. Guido, J. Paige Macdonald-Matthes, Esquire For the Plaintiff George J. Garcia Defendant/Petitioner :sld IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY. PENNSYLVANIA GEORGE E. CARRIGER and DOROTHY E. CARRIGER 106 Heisey Avenue P.O. Box 167 Rheems, PA 17570-0167 Plaintiffs VS. STEELTON CAPITAL, LTD. (a Pennsylvania Corporation) 5250 Simpson Ferry Road Suite 330 Mechanicsburg, PA 17055-3514 and GEORGE J. GARCIA 5250 Simpson Ferry Road Suite 330 Mechanicsburg, PA 17055-3514 Defendants CIVIL ACTION : NO. 01-6408 Verified Statement in Support of Application for Leave to Proceed In Forma Pauperis George J. Garcia states under the penalties provided by 18 Pa CS Section 4904 (unswom falsification to authorities) that: 1. I am the individual defendant in the above action and that because of my financial condition am unable to pay the following fees and costs: appellate filing fees, costs of reproducing records and briefs, filing of supersedeas security if irreparable harm would result if not waived, and any and all other costs, expenses, and/or other fees associated with any appeal(s). Page 1 of 3 My responses to the questions below relating to my ability to pay fees and costs of prosecuting an appeal are true and correct. (A) Are you presently employed? I am employed part time at Hecht's, Capital City Mall Drive, Camp Hill, Pennsylvania and earn, on average, about $600 - $700 per month. Income therefrom is contingent upon the employer having "available part time hours" alld my physical ability to work. I am also the Chairman of Steelton Capital, Ltd., a Pennsylvania corporation, P.O. Box 934, Mechanicsburg, PA. 17055-8934, and I receive no income as such and do not anticipated any compensation therefrom in the next twelve months as the company is largely inactive. (B) Have you received within the past twelve months any income from a business, profession, or other form of self employment, or in the form of rent payments, interest, dividends, pensions, annuities, social security benefits, support payments or other source? No. (C) Do you own any cash or checking or savings account. I have approximately $20.00 in cash and do not have a personal checking or savings account. (D) Do you own any real estate, stocks, bonds, notes, automobiles, or other valuable property (excluding ordinary household furnishings and clothing). No. (E) List the persons, if any, who are dependent upon you for support, and state your Page 2 of 3 relationship to those persons. Myself. (F) List all your debts and obligations. Miscellaneous debts of approximately $1,000.00. 3. I understand that a false statement or answer to any question in this verified statement will subject me to the penalties provided by law (misdemeanor in the second degree). Page 3 of 4 CERTIFICATE OF SERVICE AND NOW, this 26th day of March, 2002, I hereby verify that I caused a true and correct copy of the foregoing document to be placed in the U.S. mail, first class, postage prepaid and addressed as follows: Paige MacDonald-Matthes Paula D. Shaffner Saul Ewing LLP Two North Second Street, 7t~ floor Harrisburg, PA 17101 G~J~cia Page 4 of 4 George J. Gm-cia, J.D. P.O. Box 394 Mechanicsburg, PA 17055-8934 Tel: 717.737.2682 Fax: 717.737.2587 E=mali: gjgarciaj d ~yahoo.com 26 March 2002 Hon. Curtis R. Long Prothonotary Court of Common Pleas of Cumberland County One Courthouse Square Carlisle, PA 17013-3387 George E. Carriger and Dorothy E. Carriger vs. Steelton Capital, Ltd., a Pennsylvania corporation and George J. Garcia Verified Statement in Support of Application for Leave to Proceed In Forma Pauperis Docket Number 01-6408 Dear Mr. Long: Enclosed are three (3) originals and one (1) copy of my Verified Statement in Support of Application for Leave to Proceed In Forma Pauperis. Please bring this to Judge Guido's attention ASAP. Also, please docket all copies of the Statement and return a copy to me in the enclosed stamped envelope. Enclosed is a docketed original of my PETITION TO RECONSIDER MOTION FOR SANCTIONS / NOTICE OF APPEAL, filed last Friday, should you need it. If you have any questions, do not hesitate to call me. arcia, J.D. Enclos[tres: GEORGE E. CARRIGER and : DOROTHY E. CARRIGER, : Plaintiffs : STEELTON CAPITAL, LTD. : (A PENNSYLVANIA CORP.) : and : GEORGE J. GARCIA, : Defendants : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2001-6408 CIVIL TERM ORDER OF COURT AND NOW, this 8th day of April, 2002, the Defendant having failed to appear for the hearing scheduled on his Application to Proceed in Forma Pauperis, the application is DENIED. By the Court, Edward E. Guido, J. Paige Macdonald-Matthes, Saul Ewing, LLP Two North Second Street, Harrisburg, PA 17101 Attorney for Plaintiffs Esquire 7th Floor George J. Garcia 5250 Simpson Ferry Road Suite 330 Mechanicsburg, PA 17055-3514 Defendant/Petitioner, Pro se and George J. Garcia P.O. Box 394 Mechanicsburg, PA 17055-8934 /~¢//ONOHzu~ ~Hi .,40 GEORGE E. CARRIGER and DOROTHY E. CARRIGER, Plaintiffs STEELTON CAPITAL, LTD. (A PENNSYLVANIA CORP.) and GEORGE J. GARCIA, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2001-6408 CIVIL TERM ORDER OF COURT AND NOW, this 9TM day of APRIL, 2002, it appearing to the Court that the defendant George J. Garcia has filed a Notice of Appeal, we no longer have jurisdiction to deal with his Petition to Reconsider Motions for Sanctions. Edward E. Guido, J. Paige Macdonald-Matthes, Esquire Two North Second Street, 7th Floor Harrisburg, Pa. 17101 For the Plaintiffs George J. Garcia P.O. Box 934 Mechanicsburg, Pa 17055-8934 De fendanffPetitioner :sld R. Thomas Kline, Sheriff, who being duly sworn according to law, states this Writ is returned ABANDONED, no action taken in six months. Sheriff's Costs: Docketing 18.00 Poundage 1. g 6 Advertising Law Library .50 Prothonotary 1. § 0 Mileage 9.10 Misc. Surcharge 30.00 Levy 20.00 Post Pone Sale Garnishee 9.00 Advance Costs: 150.00 Sheriff's Costs: 89 Refunded to Atty on 7 / 15/02 Sworn and Subscribed to before me this all-day of 2002 A.D. So Answers; R. Thomas Kline, Sheriff WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 01-6408 _ CIVIL 19~X TERM COUNTY OF CUMBERLAND) CIVIL ACTION - LAW -- TO THE SHERIFF OF _C~ber~a.._~. COUNTY To salisfy the debt, interest and costs due George E..Ca:L-'~i~q_e_r and Dorothy E. Carriqe~ ..................... PLAINTIFF(Si from Stee_l_ton Capit_a_l_,_ L_TD.__~_250 S'_l~pson Ferry Road, Suite 330, Mechanicsburg, PA 17055-3514 George J. Garcia, 5250 Simpson FerTy Road, Suite 330, Mechanicsburg, PA 17055-3514 (1) You are directed 1o levy upon the property of the defendant(s) and lo sell DEFENDANT(S) (2) You are also directed to attach the property o! lhe defendant(s) riel levied upon in the possession of Mid Penn Bank, 4622 Carlisle Pike, Mechanicsburg, PA 17050, any all bank accounts titled in the na~e of George J. Garcia, Individually and Steelton Capital, Ltd., and account no. .... 001Q9~031308807 950204 8 tit]coital_the n~ne of Steelton Capital. Ltd. GARNISHEE(S) as follows: and Io notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is/are enjoined from paying any debt to or for the account of the defendant(s) and from delivering any propedy of lhe delendant(s) or ofhe~#ise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/he r that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $23,938.40 L L $.50 I /1 '~ /.~1 Due Prothy $!.00 Interest 1., ~, v~, 6% Ncr Atty's Comm $864.50 % Olher Costs Atty Paid $102.00 Plaintiff Paid Date ...... Jan,,aTy 3,_.2002_ .... REQUESTING PARTY: Name _ Pa!ge Macdonald-Matthes_L~Sq. Penn National Insurance Tower Address --~. No~ Lh S~uuud SL~ee%~-7~b 'Floor Ha_rr_i_s_burg~ PA_ ~171Q.~ ___ Attorney for ~Rlaintffff Felephone: 717-257-7500 Supreme Coud ID No. 66266 Curtis R. Long Prothonotary, Civil Division L- Deputy R. Thomas Kline, Sheriff, who being duly sworn according to law, states this Writ is returned ABANDONED, no action taken in six months. Sheriff's Costs: Docketing 18.00 Poundage 1. ~ 6 Advertising · Law Library .50 Prothonotary 1. §0 Mileage 9.10 Misc. Sumharge 30.00 Levy 20.00 Post Pone Sale Garnishee 9.00 Advance Costs: 150.00 Sheriff's Costs: Refunded to Atty on 7/15/02 Sworn and Subscribed to before me this ~/.~day ~f ~.~:~__ 2002 A.D. QJ,~,t~ ~m ~3~.,//~,~. ~:~ pr~hdnot~y So Answers; R. Thomas Kline, Sheriff WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 01-6408 _ CIVIL 19~X TEB~ CIVIL ACTION - LAW TO THE SHERIFF OF Cu~ ~b¢~ar~ .... COUNTY To sat,sly the debt, interest and costs due Gegrge E.._.ca~-~_e_r_ ~.d Dorothy E. Caz~iqe~ PLAINTIFF(S) from Steelton Cap~ta~l, _L_TD. 5_2_50 Sim~_~on Ferry Road, Suite 330, Mechanicsburg, PA 17055-3514 George J. Garcia, 5250 Simpson Ferry Road, Suite 330, Mechanicsburg, PA 17055-3514 . DEFENDANT(S) (1) You are directed to levy upon the propedy of the defendant(s) and to sell (2) You are also directed to atlach the properly ol the defendant(s) not levied upon in the possession of ___ Mid Penn Bank, 4622 Carlisle Pike, Mechanicsburg, PA 17050, any all bank accounts titled in the na~e of George J. Garcia, Individually and Steelton Capital, Ltd., and account no. .... 00109_4_031308807 950204 8 titlecl~Jl the name of Steelton Capital. Ltd. GARNISHEE(S) as lollows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is/are enjoined from paying any debt to or for the account of the defendant(s) and from delivering any properly of the defendant(s) or otherwise disposing thereof; (3) I1 property of lhe defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/he r that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $23,938.40 L L $.50 Interest ~ ~ ,'~ ~ ~n~ 6% ........ Due Prolhy Atty's Comm _~$864~50__% Olher Costs Arty Paid $102.00 $1_00 Plaintiff Paid Date _ ~.l'anna'r~ 3 ~_2QQ1 REQUESTING PARTY: Name _Pp~ge Macdonald-Matthes, _E~q. Penn National Insurance Tower Address --~ NoiLh ~uuud Harris_b_~rg ~ PA Attorney ton ~Plaiz:utiff telephone: 717-257-7500 Supreme Coud ID No. 66266 Curtis R. Long Prothonotary, Civil Division Deputy 0 mm m m .< < · ffi