HomeMy WebLinkAbout08-4731GRIFFIE & ASSOCIATES,
Plaintiff
vs.
RALPH B. ZORN, JR.,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION -LAW _
NO. b8 ~ y'131 ~ivi t fern,
CONFESSION OF JUDGMENT
CONFESSION OF TUDGMENT
I, Bradley L. Griffie, Esquire, of Griffie & Associates, pursuant to the warrant
contained in the subject Note, a copy of which is attached hereto, hereby appear on behalf
of the above Plaintiff and confess judgment in favor of the Plaintiff and against the
named Defendant in accordance with the Complaint, in the amount of $17,300.00,
together with costs, interest, and fees as maybe allowed in the Note.
DATE: ~~ GRIFFIE & ASSOCIATES
ey riffie, Esquire
200 orth Hanover Street
Carlisle, PA 17013
(717) 243-5551
(800) 347-5552
GRIFFIE & ASSOCIATES,
Plaintiff
vs.
RALPH B. ZORN, JR.,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION -LAW
NO. D F- `~? 31 ~~~ `-T-t.~..
CONFESSION OF JUDGMENT
COMPLAINT IN CONFESSION OF 1UDGMENT
Plaintiff, Griffie & Associates, hereby files the within Complaint, averring as
follows:
1. Plaintiff, Griffie & Associates, is a sole proprietorship law practice having its
principle office at 200 North Hanover Street, Carlisle, Pennsylvania.
2. Defendant, Ralph B. Zorn, Jr., (hereinafter referred to as "Zorn") is an adult
individual whose current address is 1916 Ester Drive, Carlisle, Cumberland
County, Pennsylvania.
3. On June 10, 2008, Defendant executed and delivered to Plaintiff a Note in the
principal amount of $17,300.00. A true copy of the said Note is attached
hereto and incorporated herein as Exhibit "A".
4. The said Note has not been assigned by Plaintiff.
5. Judgment has not been heretofore entered on the Note in any jurisdiction.
6. By the terms of the said Note, Plaintiff is entitled to confess judgment on the
said Note upon default of the terms of the Note.
7. Under the terms of the Note, Defendant is obligated to make payment of the
Note on demand.
8. Plaintiff has demanded payment which has not been received.
9. As of the date of this Complaint, the principal balance of the Note is
$17,300.00, and this balance remains due.
WHEREFORE, Plaintiff hereby confesses judgment in the sum of $17,300.00 as
authorized in the warrant appearing in the attached Note, together with any costs, interest,
and fees as provided in the said Note.
Respectfully submitted,
GRIFFIE & ASSOCIATES
riffie, Esquire
200 North Hanover Street
Carlisle, PA 17013
(717) 243-5551
(800) 347-5552
I verify that the statements made in the foregoing document are true and correct. I
understand that false statements herein are made subject to the penalties of 18 Pa.C.S.
Section 4904, relating to unsworn falsification to authorities.
DATE:_~' I i ~ a ~`
n ' ,Esquire
GRIFFIE & ASSOCIATES, IN THE COURT OF COMMON PLEAS OF
Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA
vs.
CIVIL ACTION -LAW
RALPH B. ZORN, JR., NO.
Defendant :CONFESSION OF JUDGMENT
CERTIFICATE OF RESIDENCE
I hereby certify that the residence of the within named Defendant, Ralph B. Zorn,
Jr., is 1916 Ester Drive, Carlisle, Pennsylvania, 17013.
riffie, Esquire
200 North Hanover Street
Carlisle, PA 17013
(717) 243-5551
(800) 347-5552
w
$17,300.00
~~,~ /~ , 2008
NOTE
RALPH B. ZORN, JR., of 1916 Ester Drive, Carlisle, Cumberland County,
Pennsylvania, ("Maker"), for value received, hereby promises to pay to the law firm of
GRIFFIE & ASSOCIATES of 200 North Hanover Street, Carlisle, Cumberland County,
Pennsylvania, ("Payee"), the sum of SEVENTEEN THOUSAND THREE HUNDRED
AND 00/100 ($17,300.00) DOLLARS, payable on demand. This note is intended to
serve as a lien against any assets or proceeds of the Maker. This sum shall accrue
interest at the rate of TWELVE (12%) PERCENT per annum for any sums remaining due
and owing for legal services rendered from the date of this Note and forward. Maker
shall have the right of prepayment of this Note, in whole or in part, at any time and from
time to time, without penalty. This Note is intended to compensate Payee for legal
services rendered and, as such, the principal amount due hereinunder is not
intended to exceed the balance due and owing to Payee on the last monthly billing
forwarded by Payee to Maker.
AND FURTHER, MAKER DOES HEREBY AUTHORIZE AND EMPOWER
ANY ATTORNEY-AT-LAW, CLERK OF COURT OR PROTHONOTARY OR ANY
COURT OF RECORDS OF PENNSYLVANIA, OR ELSEWHERE, UPON DEFAULT,
TO APPEAR FOR MAKER IN ANY SUCH COURT AND TO CONFESS JUDGMENT
AGAINST MAKER IN FAVOR OF PAYEE, FOR ALL SUMS DUE OR TO BECOME
DUE BY MAKER TO PAYEE UNDER THIS NOTE, WITH COSTS OF SUIT AND
RELEASE OF ERRORS WITHOUT STAY OF EXECUTION, TOGETHER WITH
REASONABLE ATTORNEY FEES UP TO FIFTEEN (15) PERCENT OF ALL SUMS
DUE HEREIN, AND FURTHER WAIVES THE RIGHT OF INQUISITION ON ANY
REAL ESTATE THAT MAY BE LEVIED UPON UNDER SUCH JUDGMENT AND
HEREBY VOLUNTARILY CONDEMN THE SAME, AND FURTHER AUTHORIZE
THE PROTHONOTARY OR CLERK OF COURT TO ENTER UPON ANY WRIT OF
EXECUTION SAID CONDEMNATION, AND THEY FURTHER AGREE THAT
SAID REAL ESTATE MAY BE SOLD UPON A WRIT OF EXECUTION, AND THEY
HEREBY WAIVE AND RELEASE ALL RELIEF FROM ANY AND ALL
APPRAISEMENT, STAY OR EXCEPTION LAWS OF ANY STATE, NOW IN
FORCE OR HEREAFTER TO BE PASSED, AND FOR DOING SO THIS NOTE OR A
COPY VERIFIED BY AFFIDAVIT SHALL BE SUFFICIENT WARRANT. SUCH
AUTHORITY AND POWER SHALL NOT BE EXHAUSTED BY ANY EXERCISE
THEREOF, AND JUDGMENT MAY BE CONFESSED AS AFORESAID FROM TIME
TO TIME AS OFTEN AS THERE IS OCCASION THEREFOR.
THE REMEDIES OF THE PAYEE AS PROVIDED HEREIN SHALL BE
CUMULATIVE AND CONCURRENT AND MAY BE PURSUED SINGLY,
SUCCESSIVELY OR TOGETHER AGAINST MAKER AND/OR ANY PROPERTY
PLEDGED OR ASSIGNED TO PAYEE AS SECURITY FOR THIS NOTE, AT THE
SOLE DISCRETION OF PAYEE, AND SUCH REMEDIES SHALL NOT BE
EXHAUSTED BY ANY EXERCISE THEREOF BUT MAY BE EXERCISED AS
OFTEN AS OCCASIONS THEREOF SHALL OCCUR.
Maker hereby waives and releases all errors, defects and imperfections in any
proceedings instituted by Payee under the terms of this note, as well as all benefit that
might accrue to Maker by virtue of any present or future laws exempting any of maker's
property, real or personal, or any part of the proceeds arising from any sale of such
property, from attachment, levy or sale under execution or providing for any stay of
execution, exemption from civil process or extension of time for payment, as well as the
right of inquisition on any real estate that may be levied upon under a judgment obtained
by virtue hereof, and Maker hereby voluntarily condemns the same and authorizes the
entry of such voluntary condemnation on any writ of execution issued thereon, and agrees
that such real estate may be sold upon any such writ in whole or in part in any order
desired by Payee.
Maker waives presentment for payment, demand, notice of nonpayment, notice of
protest and protest of this Note, and all other notices in connection with the delivery,
acceptance, performance, default or enforcement of the payment of this Note, and he
agrees that his liability shall be unconditional without regard to the liability of any other
party and shall not be in any manner affected by an indulgence, extension of time,
renewal, waiver or modification granted or consented to by Payee; and maker consents to
any and all extensions of time, renewal, waiver or modification granted or consented to
by Payee with respect to the payment or other provisions of this Note, and to the release
of any property now or hereafter securing this Note with or without substitution, and
agrees that additional makers, endorsers, guarantors or sureties may become parties hereto
without notice to him or affecting his liability hereunder.
Payee shall not by any act of omission or commission be deemed to have waived
any of its rights or remedies hereunder unless such waiver be in writing and signed by
Payee, and then only to the extent specifically set forth therein; a waiver on one (1) event
shall not be construed as continuing or as a bar to or waiver of such right or remedy on a
subsequent event.
If any provision hereof is found by a court of competent jurisdiction to be
prohibited or unenforceable, it shall be ineffective only to the extent of such prohibition
or unenforceability, and such prohibition or unenforceability shall not invalidate the
balance of such provision to the extent it is not prohibited or unenforceable, nor
invalidate the other provisions hereof, all of which shall be liberally construed in favor of
Payee in order to effect the provisions of this Note.
The words "Payee" and "Maker" whenever occurring herein shall be deemed and
construed to include the respective successors and assigns of Payee and Maker. This
instrument shall be construed according to and governed by the laws of the
Commonwealth of Pennsylvania.
THIS NOTE SETS FORTH A WARRANT OF AUTHORITY FOR AN
ATTORNEY TO CONFESS JUDGMENT AGAINST THE MAKER. IN GRANTING
THIS WARRANT OF ATTORNEY TO CONFESS JUDGMENT AGAINST THE
MAKER, THE MAKER HEREBY KNOWINGLY, INTENTIONALLY AND
VOLUNTARILY UNCONDITIONALLY WAIVES ANY AND ALL RIGHTS THE
MAKER HAS OR MAY HAVE TO PRIOR NOTICE AND AN OPPORTUNITY FOR
HEARING UNDER THE RESPECTIVE CONSTITUTIONS AND LAWS OF THE
UNITED STATES AND THE COMMONWEALTH OF PENNSYLVANIA. THE
MAKER FURTHER REPRESENTS THAT THIS DEBT IS IN CONNECTION WITH A
BUSINESS TRANSACTION, AND THAT MAKER HAS HAD THE OPPORTUNITY
TO BE REPRESENTED BY LEGAL COUNSEL IN CONNECTION HEREWITH.
IN WITNESS WHEREOF, Maker has duly executed this Note as of the day and
year first above mentioned.
WITNESS:
~' ~ ' ~Z~ ~~c (SEAL)
RA B. ZORN, JR.
DISCLOSURE FOR CONFESSION OF JUDGMENT
I AM EXECUTING, THIS ~b'~ DAY OF C.Q , 2008, A PROMISSORY NOTE
FOR $17,300.00 OBLIGATING ME TO REPAY T T AMOUNT.
A. I UNDERSTAND THAT THE NOTE CONTAINS A CONFESSION OF JUDGMENT PROVISION
THAT WOULD PERMIT PAYEE TO ENTER JUDGMENT AGAINST ME IN COURT, AFTER A
DEFAULT ON THE NOTE, WITHOUT ADVANCE NOTICE TO ME AND WITHOUT OFFERING
ME AN OPPORTUNITY TO DEFEND AGAINST THE ENTRY OF JUDGMENT. IN
EXECUTING THE NOTE, BEING FULLY AWARE OF MY RIGHTS TO ADVANCE NOTICE
AND TO A HEARING TO CONTEST THE VALIDITY OF ANY JUDGMENT OR OTHER
CLAIMS THAT PAYEE MAY ASSERT AGAINST ME UNDER THE NOTE, I AM KNOWINGLY,
INTELLIGENTLY, AND VOLUNTARILY WAIVING THESE RIGHTS, INCLUDING ANY
RIGHT TO ADVANCE NOTICE OF THE ENTRY OF JUDGMENT, AND I EXPRESSLY AGREE
AND CONSENT TO PAYEE'S ENTERING JUDGMENT AGAINST ME BY CONFESSION AS
PROVIDED FOR IN THE CONFESSION OF JUDGMENT PROVISION.
INITIALS: 13Z.
B. I FURTHER UNDERSTAND THAT IN ADDITION TO GIVING PAYEE THE RIGHT TO ENTER
JUDGMENT AGAINST ME WITHOUT ADVANCE NOTICE OR A HEARING, THE
CONFESSION OF JUDGMENT PROVISION IN THE NOTE ALSO CONTAINS LANGUAGE
THAT WOULD PERMIT PAYEE, AFTER ENTRY OF JUDGMENT, TO EXECUTE ON THE
JUDGMENT BY FORECLOSING UPON, ATTACHING, LEVYING ON, TAKING POSSESSION
OF OR OTHERWISE SEIZING MY PROPERTY, IN FULL OR PARTIAL PAYMENT OF THE
JUDGMENT. HOWEVER, PAYEE MUST PROVIDE NOTICE TO ME UNDER APPLICABLE
LAW IN EXECUTING ANY CONFESSED JUDGMENT. IN EXECUTING THE NOTE, BEING
FULLY AWARE OF MY RIGHTS TO ADVANCE NOTICE AND A HEARING AFTER
JUDGMENT IS ENTERED AND BEFORE EXECUTION ON THE JUDGMENT, I AM
KNOWINGLY, INTELLIGENTLY AND VOLUNTARILY WAIVING THESE RIGHTS, AND I
EXPRESSLY AGREE AND CONSENT TO PAYEE'S EXECUTING ON THE JUDGMENT, IN
ANY MANNER PERMITTED BY APPLICABLE STATE AND FEDERAL LAW.
INITIALS: r` ~ Z-
C. I WAS REPRESENTED BY MY OWN INDEPENDENT LEGAL COUNSEL IN
CONNECTION WITH THE NOTE OR CHOSE TO NOT HAVE INDEPENDENT LEGAL
ADVICE.
INITIALS: ~2
AFFIANTS:
~a .C~ ~~Q't.. ~ (SEAL)
PH B ZORN, JR.
COMMONWEALTH OF PENNSYLVANIA
SS
COUNTY OF CUMBERLAND .
~p ,
On this, the day of , 2008, before me, the undersigned
officer, personally appeared RALPH B. ZORN, JR., known to me (or satisfactorily
proven) to be the person whose name is subscribed to the within instrument, and
acknowledged that she executed same for the purposes therein contained.
IN WITNESS WHEREOF, I hereunto set my hand and official seal.
s~C~"/
NOTARY PUBLIC
,~~
~~ ~f
~~ ~
-d+~
~ ~ ~
~- ~ ~ u~
~' ~ ~ d
f
`. ~ . i~
~`. r !~.1t .: Y~
r<wfl.+e, ";i ~R ~#ti,r,~X~ i*ttyhlMAf4}:p~~y~~y
mrx "°i~' ~ 77aR
~i'~r
~ m
m,rrc ~ ~
tea:.. a~ ( ~,
i +
74 r-, `p - 3
~
:2~ ~= 4
C
c,,J . ~
°~-1"r~
~-~
~
WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA)
COUNTY OF CUMBERLAND)
NO 08-4731 Civil
CIVIL ACTION - LAW
TO THE SHERIFF OF CUMBERLAND COUNTY:
To satisfy the debt, interest and costs due GRIFFIE & ASSOCIATES Plaintiff (s)
From RALPH B. ZORN, JR., 111 ANDREW COURT, CARLISLE, PA 17013
(l) You are directed to levy upon the property of the defendant (s)and to sell LEVY UPON THE
PROPERTY OF THE DEFENDANT TO SELL HIS INTEREST THEREIN SAID PROPERTY
TO INCLUDE ANY AND ALL HOUSEHOLD FURNISHINGS, FURNITURE, APPLIANCES,
TOOLS, MOTOR VEHICLES, AND ANY AND ALL OTHER PERSONAL PROPERTY..
(2) You are also directed to attach the property of the defendant(s) not levied upon in the possession
of
GARNISHEE(S) as follows:
and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from
paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant
(s) or otherwise 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/her that he/she has been added as a
garnishee and is enjoined as above stated.
Amount Due $17,300.00
L.L.$.50
Interest FROM 6/10/08 TO 4/8/11 (12%) - $4,709.39 -
Atty's Comm % Due Prothy $2.00
Atty Paid $54.00
Plaintiff Paid
Date: 4/19/11
(Seal)
REQUESTING PARTY:
Other Costs Attorney Fees $2,595.00
uell, Pr /thonotary
By:
Deputy
Name BRADLEY R. GRIFFIE, ESQUIRE
Address: GRIFFIE & ASSOCIATES
200 NORTH HANOVER STREET
CARLISLE, PA 17013
Attorney for: PLAINTIFF
Telephone: 717-243-5551
Supreme Court ID No. 34349
GRIFFIE & ASSOCIATES, IN THE COURT OF COMMON PLEAS OF
Plaintiff l'v
CUMBERLAND COUNTY, PENNSU.V
rn v _
?,. =--n
M
vs. :CIVIL ACTION -LAW i=
-a
m
RALPH B. ZORN, JR., NO. 08-4731 Civil Term r
Defendant CONFESSION OF JUDGMENT 3'c1
= 3c
C
C) ?- )
51
PRAECIPE FOR WRIT OF EXECUTION
TO THE PROTHONOTARY:
To satisfy the judgment, interest and costs against Defendant, Ralph B. Zorn, Jr., of 111
Andrew Court, Carlisle, Cumberland County, directing them to levy upon the property of the
Defendant and to sell his interest therein, said property to include, any and all household
furnishings, furniture, appliances, tools, motor vehicles, and any and all other personal property
of any nature located at 111 Andrew Court, Carlisle, Cumberland County, Pennsylvania .
Total amount due and to be collected is as follows:
Principal amount due: ............................................... $17,300.00
Interest from: 06/10/08 to 04/08/11 (12%) .................. 4,709.39
Interest from 04/08/11 to date of sale to be added ............... *
Attorney's fees .............................................................. 2,595.00
Cost for filing Praecipe for Writ of Execution .................. 2". 0
Sheriff's Cost ................................................................... 166
Cost of filing Judgments .................................................... .
TOTAL: ...................................................... $ 24,805.89*
* To be added
Respectfully submitted,
fie, Esquire
Date ®rneyorPhaintiff
GRIFFIE & ASSOCIATES
holy. QO ?d Q Supreme Court ID # 34349
g? .? 200 North Hanover Street:
0.50 Carlisle, PA 17013
?(? ? (717) 243-5551
(800) 347-5552
Clc 5? 3Y
tz,k-9:M 1q t VJri? o? ssked
CV - "-ww
7-4i
-
4J
GRIFFIE & ASSOCIATES, IN THE COURT OF COMMON PLEF ca ;f
Plaintiff CUMBERLAND COUNTY, PENNSYLVJAN?k =
VS. CIVIL ACTION -LAW
RALPH B. ZORN, JR., NO. 08-4731 CIVIL TERM
Defendant CONFESSION OF JUDGMENT
AFFIDAVIT OF SERVICE
1, Bradley L. Griffie, Esquire hereby certify that I did, the 25`h day of May, 2011,
cause a copy of Plaintiff's Notice Under Rule 2958.1 Of Judgment and Execution
Thereon and Notice of Defendant's Rights (copy attached), to be served upon the
Defendant, Ralph B. Zorn, Jr., by serving his attorney of record by facsimile (receipt
acknowledgment attached) and first class mail, postage prepaid, dated May 25, 2011, at
the following address:
Roger M. Morgenthal, Esquire
Smigel, Anderson & Sacks
4431 North Front Street
3`d Floor
Harrisburg, PA 17110-1778
(Facsimile) 717-234-3611
Additional service was made on Defendant, Ralph B. Zorn, Jr., directly by certified mail,
restricted delivery, and by regular mail at the following address. A copy of said receipt is
attached hereto indicating service was made on June 1, 2011.
Ralph B. Zorn, Jr.
111 Andrew Court
Carlisle, PA 17015
DATE:
. Griffie, Esquire
ey for Plaintiff
upreme Court ID No. 34349
rGRIFFIE & ASSOCIATES
200 North Hanover Street
Carlisle, PA 17013
(717) 243-5551
(800) 347-5552
Sworn and subscribed to
before me this f,3f? day
of , 2011
OTARY P LIC
NO IALTAR SEAL
ROBIN J. BASSER,, Notary Pubpc
CARLISLE BOROUGH, CUMBERLAND CO.
Commission Expires Apr. 17, 2015
GRIFFIE & ASSOCIATES,
Plaintiff
vs.
RALPH B. ZORN, JR.,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
: CIVIL ACTION -LAW
NO. 08-4731 CIVIL TERM
CONFESSION OF JUDGMENT
NOTICE UNDER RULE 2958.1
OF JUDGMENT AND EXECUTION THEREON
NOTICE OF DEFENDANT'S RIGHTS
TO: Ralph B. Zorn, Jr.
A judgment in the amount of $17,300.00, plus interest, costs and attorney's fees,
has been entered against you and in favor of the Plaintiff without any prior notice or
hearing based on a confession of judgment contained in a written agreement or other
paper allegedly signed by you. The sheriff may take your money or other property to pay
the judgment at any time after thirty (30) days after the date on which this notice is
served on you.
You may have legal rights to defeat the judgment or to prevent your money or
property from being taken. YOU MUST FILE A PETITION SEEKING RELIEF FROM
THE JUDGMENT AND PRESENT IT TO A JUDGE WITHIN THIRTY (30) DAYS
AFTER THE DATE ON WHICH THIS NOTICE IS SERVED ON YOU OR YOU
MAY LOSE YOUR RIGHTS.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF
YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET
FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION
ABOUT HIRING A LAWYER.
IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE
ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY
OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO
FEE.
CUMBERLAND COUNTY BAR ASSOCIATION
32 South Bedford Street
Carlisle, Pennsylvania 17013
Phone: (717) 249-3166 or (800) 990-9108
Bradley L. Griffie, Esquire
Attorney for Plaintiff
200 North Hanover Street
Carlisle, PA 17013
(717) 243-5551
(800) 347-5552
CONFIDENTIALITY NOTICE
THIS FACSIMILE TRANSMISSION IS INTENDED ONLY FOR THE
USE OF THE INDIVIDUAL OR ENTITY TO WHICH IT IS ADDRESSED,
AND MAY CONTAIN CONFIDENTIAL INFORMATION BELONGING TO
THE SENDER WHICH IS PROTECTED BY ATTORNEY-CLIENT
PRIVILEGE. IF YOU ARE NOT THE INTENDED RECIPIENT, YOU ARE
HEREBY NOTIFIED THAT ANY DISCLOSURE, COPYING,
DISTRIBUTION, OR THE TAKING OF ANY ACTION IN RELIANCE ON
THE CONTENTS OF THIS INFORMATION IS STRICTLY PROHIBITED.
IF YOU HAVE RECEIVED THIS TRANSMISSION IN ERROR, PLEASE
IMMEDIATELY NOTIFY US BY TELEPHONE TO ARRANGE FOR THE
RETURN OF THE DOCUMENTS.
FAX NO.: (717) 234-3611
ATTENTION: Roger M. Morgenthal Esquire Smigel Anderson & Sacks LLP 4431
North Front Street, 3`d Floor Harrisburg PA 17110-1778 (717) 234-2401
DATE TRANSMITTED: 5/25/11 TIME TRANSMITTED: 3:40
NUMBER OF PAGES (including cover page):
FROM:_ Bradley L. Griffie Esquire
If you do not receive all pages or have any problems with transmission, please
call and ask for Robin Bassett
SUBJECT/MESSAGE:
Attached is a copy of a Notice Under Rule 2958.1 of Judgment and Execution
Thereon, as well as a Praecipe withdrawing the Writ of Execution for Ralph B. Zorn, Jr.
Original documents will/will not follow by U.S. Mail
HP Officejet V Series V40 Log for
Personal Printer/Fax/Copier/Scanner
(717) 261-1408
May 25 2011 2:54PM
Identification
pion Result
May 25 2:52PM Fax Sent 2343611 1:58 5 OK
U.S. Post al Ser vi ce
CERTIF IED M AIL RECEIPT
(Domesti c Mai l Only : No Insura nce Covera ge Provide d)
CO
eD ?.
Ln r.
?a
a Postage
O S
0
M Certified Fee
C3 Return Receipt Fee
n (Endorsement Required)
.
.
c13 Restricted Delivery Fee
C3
(Endorsement Required)
AX, y \c?
26 post l
?'Il He
tU Total Postage & Fees
O .$
r
Iti Sent To --
n
?
?•
Street Apt. NO.7 °._._ ° ?
or PO Box No.
clty state, ZIPr 4
Q?
15A,
r :11 • 11
¦ Complete items 1, 2, and 3. Also complete
Item 4 if Restricted Delivery is desired.
¦ Pant your name and address on the reverse
so that we can return the card to you.
¦ Attach this card to the back of the maiipiece,
or on the front if space permits.
1. Article Addressed to:
cJCrt .
nl ll..G+..A1C
A. Sig
13 Agent
X 17,41 /a,- A M Addre
B. Receiv6d byCfOdnted Name I C. L Date of DeN W
2eA r? -1A -(- !(
D. Is delivery address dwerent from item l? ? Yes
If YES, enter delivery address below: I7d No
& oe Type
Cedt&W Mail ? Express Mail
6666] Registered ? Return Receipt for Mere
Insured Mail ? C.O.D.
4. Restricted Delivery? (Extra Fee) Yes
2. Article Number ?002 0860 0001 5848 (monster from sen4ce 1aW
PS Form 3811, August 2001 Domestic Return Receipt 102595.024A-1540
SMIGEL, ANDERSON & SACKS, LLP
River Chase Office Center, 3`a Floor
4431 North Front Street
Harrisburg, PA 17110
(717) 234-2401
j u,
Pill
L. /.Lj F Y Y..,S
Roger M. Morgenthal, Esquire
rmor eg nthal?2sasllp.com
Attorney for Plaintiff
GRIFFIE & ASSOCIATES,
PLAINTIFF
V.
RALPH B. ZORN, JR.
DEFENDANT
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 08-4731 CIVIL TERM
: CONFESSION OF JUDGMENT
DEFENDANT RALPH B. ZORN, JR.'S PETITION TO OPEN
CONFESSION OF JUDGMENT FOR MONEY
AND NOW COMES Defendant, Ralph B. Zorn, Jr., by and through his attorneys,
Smigel, Anderson & Sacks, LLP, to file the following Petition to Open Confession of Judgment
for Money and avers in support as follows:
Plaintiff, Griffle & Associates is a law firm with a business address of 200 North
Hanover Street, Carlisle, PA 17013.
2. Defendant, Ralph B. Zorn, Jr., (hereinafter referred to as "Zorn"), is an adult
individual, residing at 111 Andrew Court, Carlisle, PA 17015.
3. On or about the year 1994, Defendant retained Plaintiff for legal representation in
a divorce case and a related child custody case; and said representation continued intermittently
until 2005.
4. Defendant believes and therefore avers that Plaintiff did not provide an
engagement agreement or "fee letter" defining the charges to be made for Plaintiff's services,
either at the outset of the attorney-client relationship or at any other time.
2
5. Periodic bills were sent by Plaintiff to Defendant, and Defendant made substantial
payments to Plaintiff to cover fees and costs during the years from 1994 until 2005; and other
payments have been made since that time.
6. From time to time, Defendant inquired with Plaintiff about the status of his
account, and he was told "do not worry about it." Repeated requests by Defendant for a
comprehensive statement to show the information were not responded to.
7. On or about June 10, 2008, Plaintiff summoned Defendant to Plaintiff s office and
presented Defendant with a note in the amount of $17,300.00 plus interest at the rate of 12% per
annum; and said note contained a confession of judgment provision.
At said meeting, Plaintiff coerced Defendant to sign the note, which Defendant
did not fully understand, with threats to "take him before the court" if he did not sign
immediately; and Defendant was not afforded the opportunity to see other counsel.
9. Defendant disputed the amount of the note, to wit: $17,300, believing it was far in
excess of what fees for the services would be, but again no itemized statement was provided.
10. Defendant, without the opportunity to seek alternate legal representation and
desiring to avoid being taken "before the court" signed the note and related documents under
duress.
11. On or about August 8, 2008, Plaintiff entered judgment by confession against
Defendant on said note "in the amount of $17,300.00 together with costs, interest, and fees as
may be allowed in the Note." A copy of the confessed judgment together with a copy of the note
and other related papers is attached hereto as Exhibit "A."
12. Plaintiff has served notice under Pennsylvania Rule of Civil Procedure 2958.1
upon Defendant and his counsel on May 25, 2011, at the same time withdrawing a prior Writ of
Execution in response to a motion filed by Defendant. A copy thereof is attached hereto as
Exhibit "B."
13. Defendant, through his undersigned attorney, had again requested a copy of an
engagement agreement or fee letter together with an itemized statement, but was provided only
the document attached hereto as Exhibit "C," which fails to provide a complete statement of
account.
14. The consideration for the Note entered by Plaintiff was the value of the services
allegedly performed and the legal fees billed to Defendant.
15. Defendant believes and therefore avers that legal services actually performed
could not have resulted in the amount of fees and costs demanded by Plaintiff, and that neither an
agreement in writing by Defendant to pay fees nor a detailed billing for the same exists.
16. Defendant is prepared to the extent possible to produce testimony and with
reference to the official court record of the divorce and custody cases to dispute the actual fees
and services claimed by Plaintiff, that said fees and costs are unreasonable and excessive, and to
show that Plaintiff's demand fails to take into account substantial payments made by Defendant
to Plaintiff during the years in question.
17. Pa. R.C.P. 2959(a) provides that relief from a judgment by confession shall be
sought by petition.
18. The standard to open a confession of judgment is as follows:
(e) The court shall dispose of the rule on petition and answer, and on any
testimony, depositions, admissions and other evidence. The court for cause shown
may stay proceedings on the petition insofar as it seeks to open the judgment
pending disposition of the application to strike off the judgment. If evidence is
produced which in a jury trial would require the issues to be submitted to the jury
the court shall open the judgment.
Pa R.C.P. 2959(e).
4
19. A warrant to confess judgment must be explicit and will be strictly constructed
with any ambiguities resolved against the party in whose favor the warrant is given.
Pennsylvania Dept. of Commerce v. Carlow, 687 A.3d 22 (Pa. Commw. 1996).
20. In determining whether to open a judgment, the judge sits as a chancellor who
passes on the weight of the evidence and the credibility of the testimony. Stoner v. Sley System
Garages, 46 A.2d 172 (Pa. 1946); Mutual Building & Loan Assn of Shenandoah v. Walukiewicz,
185 A. 658 (Pa. 1936). Teutonic Building & Loan Assn v. Stein, 190 A. 189 (Pa. Super. 1937).
21. If the testimony taken would be sufficient to justify the submission of the question
to the jury and to sustain a verdict in the petitioner's favor, the judge should open the judgment.
Stoner v. Sley System Garages, 46 A.2d 172 (Pa. 1946); Germantown Sav. Bank v. Talacki, 657
A.2d 1285 (Pa. Super. 1995); Budd v. Coyer, 13 A.2d 75 (Pa. Super. 1940); Newman v. Herron,
184 A. 310 (Pa. Super. 1936).
22. With regard to consideration, under Pennsylvania law, consideration is "an
essential element of an enforceable contract." 14 A.2d 127, 128 (Pa. 1940). See also Weavertown
Transport Leasing, Inc. v. Moran, 834 A.2d 1169, 1172 (Pa.Super.2003) (stating, "[a] contract is
formed when the parties to it (1) reach a mutual understanding, (2) exchange consideration, and
(3) delineate the terms of their bargain with sufficient clarity."). "Consideration consists of a
benefit to the promisor or a detriment to the promisee." Weavertown, 834 A.2d at 1172 (citing
Stelmack). "Consideration must actually be bargained for as the exchange for the promise."
Stelmack, 14 A.2d at 129. Pennsy Supply, Inc. v. American Ash Recycling Corp. of
Pennsylvania, 895 A.2d 595 (Pa. Super. 2006).
23. In a proceeding on petition to set aside confessed judgment obtained on judgment
note, which had been executed by petitioners after they signed agreement to purchase home and
5
which contained clause authorizing judgment to be confessed, evidence that a binding contract
had never been executed and that the note was unsupported by consideration was sufficient to
open the judgment. Joseph A. Puleo & Sons, Inc. v. Rossi, 340 A.2d 557, 234 (Pa. Super. 1975).
24. Due to Zorn never receiving services having a value even remotely equivalent to
the amount of the alleged consideration, the Note is legally invalid.
25. The Confession of Judgment based upon the Note in this case was unsupported by
consideration and must be opened as a matter of law.
26. But for the duress and coercion exerted upon Defendant by Plaintiff and the
ominous threats of being taken "before the court" if he did not sign the note immediately on June
10, 2008, Defendant would not have signed said note, and the warrant of attorney was not
willingly and knowingly given by Defendant.
WHEREFORE, Defendant, Ralph B. Zorn, Jr., respectfully requests that this Honorable
Court Open the Confession of Judgment for Money and award whatever other relief this
Honorable Court deems appropriate.
Respectfully submitted,
SMIGEL, ANDERSON & SACKS, LLP
Date: June 24, 2011 By:
/`
River Chase Office Center, 3?d Floor
4431 North Front Street
Harrisburg, PA 17110
(717) 234-2401
Attorneys for Defendant
Rog M.Morgenthal, squire ID # 17143
6
GRIFFIE & ASSOCIATES, IN THE COURT OF COMMON PLEAS
PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA
V. CIVIL ACTION - LAW
NO. 08-4731 CIVIL TERM
RALPH B. ZORN, JR.
DEFENDANT CONFESSION OF JUDGMENT
CERTIFICATE OF SERVICE
I, Roger M. Morgenthal, attorney for the Defendant in the above-captioned matter, certify
that I have this day served a copy of the foregoing Petition to Open upon the person(s) indicated
below by depositing a copy of the same in the United States Mail, first class, postage prepaid, at
Harrisburg, Pennsylvania, and addressed as follows:
Bradley L. Griffie, Esquire
GRIFFIE & ASSOCIATES
200 North Hanover Street
Carlisle, PA 17013
Attorney for Plaintiff
SMIGEL, ANDERSON & SACKS, L.L.P.
Date
June 24, 2011 By: GA
Roger M. Morgenthal, Esq re ID # 17143
River Chase Office Center, 3?d Floor
4431 North Front Street
Harrisburg, PA 17110
(717) 234-2401
Attorneys for Defendant
7
elY,AA ? lb ?-(
A
GRIME & ASSOCIATES,
Plaintiff
VS.
RALPH B. ZORN, JR.,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION -LAW
_
. NO. d$ - 4731 ?ivi ( (erti
CONFESSION OF JUDGMENT
CONFESSION OF JUDGMENT
I, Bradley L. Griffie, Esquire, of Griffie & Associates, pursuant to the warrant
contained in the subject Note, a copy of which is attached hereto, hereby appear on behalf
of the above Plaintiff and confess judgment in favor of the Plaintiff and against the
named Defendant in accordance with the Complaint, in the amount of $17,300.00,
together with costs, interest, and fees as may be allowed in the Note.
DATE: Z) (6& GRIME & ASSOCIATES
e riffie, Esquire
200 Korth Hanover Street
Carlisle, PA 17013
(717) 243-5551
(800) 347-5552
GRIFFIE & ASSOCIATES,
Plaintiff
VS.
RALPH B. ZORN, JR.,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION -LAW
NO. 0 r- V-7 31 C4;-?J 'Te--
CONFESSION OF JUDGMENT
COMPLAINT IN CONFESSION OF JUDGMENT
Plaintiff, Griffie & Associates, hereby files the within Complaint, averring as
follows:
1. Plaintiff, Griffie & Associates, is a sole proprietorship law practice having its
principle office at 200 North Hanover Street, Carlisle, Pennsylvania.
2. Defendant, Ralph B. Zorn, Jr., (hereinafter referred to as "Zorn") is an adult
individual whose current address is 1916 Ester Drive, Carlisle, Cumberland
County, Pennsylvania.
3. On June 10, 2008, Defendant executed and delivered to Plaintiff a Note in the
principal amount of $17,300.00. A true copy of the said Note is attached
hereto and incorporated herein as Exhibit "A".
4. The said Note has not been assigned by Plaintiff.
5. Judgment has not been heretofore entered on the Note in any jurisdiction.
6. By the terms of the said Note, Plaintiff is entitled to confess judgment on the
said Note upon default of the terms of the Note.
7. Under the terms of the Note, Defendant is obligated to make payment of the
Note on demand.
8. Plaintiff has demanded payment which has not been received.
9. As of the date of this Complaint, the principal balance of the Note is
$17,300.00, and this balance remains due.
WHEREFORE, Plaintiff hereby confesses judgment in the sum of $17,300.00 as
authorized in the warrant appearing in the attached Note, together with any costs, interest,
and fees as provided in the said Note.
Respectfully submitted,
GRIME & ASSOCIATES
riffie, Esquire
200 North Hanover Street
Carlisle, PA 17013
(717) 243-5551
(800) 347-5552
I verify that the statements made in the foregoing document are true and correct. I
understand that false statements herein are made subject to the penalties of 18 Pa.C.S.
Section 4904, relating to unworn falsification to authorities.
DATE: f 8 g`
r , Esquire
GRIFFIE & ASSOCIATES,
Plaintiff
VS.
RALPH B. ZORN, JR.,
Defendant
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION -LAW
NO.
CONFESSION OF JUDGMENT
CERTIFICATE OF RESIDENCE
I hereby certify that the residence of the within named Defendant, Ralph B. Zorn,
Jr., is 1916 Ester Drive, Carlisle, Pennsylvania, 17013.
riffle, Esquire
200 North Hanover Street
Carlisle, PA 17013
(717) 243-5551
(800) 347-5552
:l
$17,300.00
Sam= /6 , 2008
NOTE
RALPH B. ZORN, JR., of 1916 Ester Drive, Carlisle, Cumberland County,
Pennsylvania, ("Maker"), for value received, hereby promises to pay to the law firm of
GRIFFIE & ASSOCIATES of 200 North Hanover Street, Carlisle, Cumberland County,
Pennsylvania, ("Payee"), the sum of SEVENTEEN THOUSAND THREE HUNDRED
AND 00/100 ($17,300.00) DOLLARS, payable on demand. This note is intended to
serve as a lien against any assets or proceeds of the Maker. This sum shall accrue
interest at the rate of TWELVE (12%) PERCENT per annum for any sums remaining due
and owing for legal services rendered from the date of this Note and forward. Maker
shall have the right of prepayment of this Note, in whole or in part, at any time and from
time to time, without penalty. This Note is intended to compensate Payee for legal
services rendered and, as such, the principal amount due hereinunder is not
intended to exceed the balance due and owing to Payee on the last monthly billing
forwarded by Payee to Maker.
AND FURTHER, MAKER DOES HEREBY AUTHORIZE AND EMPOWER
ANY ATTORNEY-AT-LAW, CLERK OF COURT OR PROTHONOTARY OR ANY
COURT OF RECORDS OF PENNSYLVANIA, OR ELSEWHERE, UPON DEFAULT,
TO APPEAR FOR MAKER IN ANY SUCH COURT AND TO CONFESS JUDGMENT
AGAINST MAKER IN FAVOR OF PAYEE, FOR ALL SUMS DUE OR TO BECOME
DUE BY MAKER TO PAYEE UNDER THIS NOTE, WITH COSTS OF SUIT AND
RELEASE OF ERRORS WITHOUT STAY OF EXECUTION, TOGETHER WITH
REASONABLE ATTORNEY FEES UP TO FIFTEEN (15) PERCENT OF ALL SUMS
DUE HEREIN, AND FURTHER WAIVES THE RIGHT OF INQUISITION ON ANY
REAL ESTATE THAT MAY BE LEVIED UPON UNDER SUCH JUDGMENT AND
HEREBY VOLUNTARILY CONDEMN THE SAME, AND FURTHER AUTHORIZE
THE PROTHONOTARY OR CLERK OF COURT TO ENTER UPON ANY WRIT OF
EXECUTION SAID CONDEMNATION, AND THEY FURTHER AGREE THAT
SAID REAL ESTATE MAY BE SOLD UPON A WRIT OF EXECUTION, AND THEY
HEREBY WAIVE AND RELEASE ALL RELIEF FROM ANY AND ALL
APPRAISEMENT, STAY OR EXCEPTION LAWS OF ANY STATE, NOW IN
FORCE OR HEREAFTER TO BE PASSED, AND FOR DOING SO THIS NOTE OR A
COPY VERIFIED BY AFFIDAVIT SHALL BE SUFFICIENT WARRANT. SUCH
AUTHORITY AND POWER SHALL NOT BE EXHAUSTED BY ANY EXERCISE
THEREOF, AND JUDGMENT MAY BE CONFESSED AS AFORESAID FROM TIME
TO TIME AS OFTEN AS THERE IS OCCASION THEREFOR.
THE REMEDIES OF THE PAYEE AS PROVIDED HEREIN SHALL BE
CUMULATIVE AND CONCURRENT AND MAY BE PURSUED SINGLY,
SUCCESSIVELY OR TOGETHER AGAINST MAKER AND/OR ANY PROPERTY
PLEDGED OR ASSIGNED TO PAYEE AS SECURITY FOR THIS NOTE, AT THE
SOLE DISCRETION OF PAYEE, AND SUCH REMEDIES SHALL NOT BE
EXHAUSTED BY ANY EXERCISE THEREOF BUT MAY BE EXERCISED AS
OFTEN AS OCCASIONS THEREOF SHALL OCCUR.
Maker hereby waives and releases all errors, defects and imperfections in any
proceedings instituted by Payee under the terms of this note, as well as all benefit that
might accrue to Maker by virtue of any present or future laws exempting any of maker's
property, real or personal, or any part of the proceeds arising from any sale of such
property, from attachment, levy or sale under execution or providing for any stay of
execution, exemption from civil process or extension of time for payment, as well as the
right of inquisition on any real estate that may be levied upon under a judgment obtained
by virtue hereof, and Maker hereby voluntarily condemns the same and authorizes the
entry of such voluntary condemnation on any writ of execution issued thereon, and agrees
that such real estate may be sold upon any such writ in whole or in part in any order
desired by Payee.
Maker waives presentment for payment, demand, notice of nonpayment, notice of
protest and protest of this Note, and all other notices in connection with the delivery,
acceptance, performance, default or enforcement of the payment of this Note, and he
agrees that his liability shall be unconditional without regard to the liability of any other
party and shall not be in any manner affected by an indulgence, extension of time,
renewal, waiver or modification granted or consented to by Payee; and maker consents to
any and all extensions of time, renewal, waiver or modification granted or consented to
by Payee with respect to the payment or other provisions of this Note, and to the release
of any property now or hereafter securing this Note with or without substitution, and
agrees that additional makers, endorsers, guarantors or sureties may become parties hereto
without notice to him or affecting his liability hereunder.
Payee shall not by any act of omission or commission be deemed to have waived
any of its rights or remedies hereunder unless such waiver be in writing and signed by
Payee, and then only to the extent specifically set forth therein; a waiver on one (1) event
shall not be construed as continuing or as a bar to or waiver of such right or remedy on a
subsequent event.
If any provision hereof is found by a court of competent jurisdiction to be
prohibited or unenforceable, it shall be ineffective only to the extent of such prohibition
or unenforceability, and such prohibition or unenforceability shall not invalidate the
balance of such provision to the extent it is not prohibited or unenforceable, nor
invalidate the other provisions hereof, all of which shall be liberally construed in favor of
Payee in order to effect the provisions of this Note.
The words "Payee" and "Maker" whenever occurring herein shall be deemed and
construed to include the respective successors and assigns of Payee and Maker. This
instrument shall be construed according to and governed by the laws of the
Commonwealth of Pennsylvania.
THIS NOTE SETS FORTH A WARRANT OF AUTHORITY FOR AN
ATTORNEY TO CONFESS JUDGMENT AGAINST THE MAKER. IN GRANTING
THIS WARRANT OF ATTORNEY TO CONFESS JUDGMENT AGAINST THE
MAKER, THE MAKER HEREBY KNOWINGLY, INTENTIONALLY AND
VOLUNTARILY UNCONDITIONALLY WAIVES ANY AND ALL RIGHTS THE
MAKER HAS OR MAY HAVE TO PRIOR NOTICE AND AN OPPORTUNITY FOR
HEARING UNDER THE RESPECTIVE CONSTITUTIONS AND LAWS OF THE
UNITED STATES AND THE COMMONWEALTH OF PENNSYLVANIA. THE
MAKER FURTHER REPRESENTS THAT THIS DEBT IS IN CONNECTION WITH A
BUSINESS TRANSACTION, AND THAT MAKER HAS HAD THE OPPORTUNITY
TO BE REPRESENTED BY LEGAL COUNSEL IN CONNECTION HEREWITH.
IN WITNESS WHEREOF, Maker has duly executed this Note as of the day and
year first above mentioned.
WITNESS:
!/ s
jl?u bz k-- (SEAL)
RALPR B. ZORN, JR.
DISCLOSURE FOR CONFESSION OF JUDGMENT
I AM EXECUTING, THIS DAY OF , 2008, A PROMISSORY NOTE
FOR $17,300.00 OBLIGATING ME TO REPAY T T AMOUNT.
A. I UNDERSTAND THAT THE NOTE CONTAINS A CONFESSION OF JUDGMENT PROVISION
THAT WOULD PERMIT PAYEE TO ENTER JUDGMENT AGAINST ME IN COURT, AFTER A
DEFAULT ON THE NOTE, WITHOUT ADVANCE NOTICE TO ME AND WITHOUT OFFERING
ME AN OPPORTUNITY TO DEFEND AGAINST THE ENTRY OF JUDGMENT. IN
EXECUTING THE NOTE, BEING FULLY AWARE OF MY RIGHTS TO ADVANCE NOTICE
AND TO A HEARING TO CONTEST THE VALIDITY OF ANY JUDGMENT OR OTHER
CLAIMS THAT PAYEE MAY ASSERT AGAINST ME UNDER THE NOTE, I AM KNOWINGLY,
INTELLIGENTLY, AND VOLUNTARILY WAIVING THESE RIGHTS, INCLUDING ANY
RIGHT TO ADVANCE NOTICE OF THE ENTRY OF JUDGMENT, AND I EXPRESSLY AGREE
AND CONSENT TO PAYEE'S ENTERING JUDGMENT AGAINST ME BY CONFESSION AS
PROVIDED FOR IN THE CONFESSION OF JUDGMENT PROVISION.
INITIALS: n
B. I FURTHER UNDERSTAND THAT IN ADDITION TO GIVING PAYEE THE RIGHT TO ENTER
JUDGMENT AGAINST ME WITHOUT ADVANCE NOTICE OR A HEARING, THE
CONFESSION OF JUDGMENT PROVISION IN THE NOTE ALSO CONTAINS LANGUAGE
THAT WOULD PERMIT PAYEE, AFTER ENTRY OF JUDGMENT, TO EXECUTE ON THE
JUDGMENT BY FORECLOSING UPON, ATTACHING, LEVYING ON, TAKING POSSESSION
OF OR OTHERWISE SEIZING MY PROPERTY, IN FULL OR PARTIAL PAYMENT OF THE
JUDGMENT. HOWEVER, PAYEE MUST PROVIDE NOTICE TO ME UNDER APPLICABLE
LAW IN EXECUTING ANY CONFESSED JUDGMENT. IN EXECUTING THE NOTE, BEING
FULLY AWARE OF MY RIGHTS TO ADVANCE NOTICE AND A HEARING AFTER
JUDGMENT IS ENTERED AND BEFORE EXECUTION ON THE JUDGMENT, I AM
KNOWINGLY, INTELLIGENTLY AND VOLUNTARILY WAIVING THESE RIGHTS, AND I
EXPRESSLY AGREE AND CONSENT TO PAYEE'S EXECUTING ON THE JUDGMENT, IN
ANY MANNER PERMITTED BY APPLICABLE STATE AND FEDERAL LAW.
INITIALS: h Q 7-
C. I WAS REPRESENTED BY MY OWN INDEPENDENT LEGAL COUNSEL IN
CONNECTION WITH THE NOTE OR CHOSE TO NOT HAVE INDEPENDENT LEGAL
ADVICE.
INITIALS: Q2.
AFFLANTS:
&&1 82 1, (SEAL)
RALPH B ZORN, JR.
COMMONWEALTH OF PENNSYLVANIA :
SS
COUNTY OF CUMBEI?L,AND
/0_
On this, the day of , 2008, before me, the undersigned
officer, personally appeared RALPH B. ZORN, JR., known to me (or satisfactorily
proven) to be the person whose name is subscribed to the within instrument, and
acknowledged that she executed same for the purposes therein contained.
IN WITNESS WHEREOF, I hereunto set my hand and official seal.
r
NOTARY PUBLIC
yr?'"
'.'i
44-
W d
"%Off
-nt '
CMP
czz.
On
f7? ? C
-74
W r
{
,E)
0 0
21011 MAY 25 PM 3: ! 8
CUMBERLAND COUNTY
PENNSYLVANIA
GRIFFIE & ASSOCIATES,
Plaintiff
vs.
RALPH B. ZORN, JR.,
Defendant
TO THE PROTHONOTARY:
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 08-4731 CIVIL TERM
CONFESSION OF JUDGMENT
PRAECIPE
On behalf of the Plaintiff in the above captioned matter, please withdraw the Writ
of Execution previously filed in this matter and give notice to the Cumberland County
Sheriffs Department of the withdrawal of the Writ.
Respectfully submitted,
a ?6riffieXsquire
e Court ID #34349
Attorney for Plaintiff
200 North Hanover Street
Carlisle, PA 17013
(717) 243-5551
(800) 347-5552
GRIFFIE & ASSOCIATES,
Plaintiff
vs.
RALPH B. ZORN, JR.,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
: NO. 08-4731 CIVIL TERM
: CONFESSION OF JUDGMENT
NOTICE UNDER RULE 2958.1
OF JUDGMENT AND EXECUTION THEREON
NOTICE OF DEFENDANT'S RIGHTS
TO: Ralph B. Zorn, Jr.
A judgment in the amount of $17,300.00, plus interest, costs and attorney's fees,
has been entered against you and in favor of the Plaintiff without any prior notice or
hearing based on a confession of judgment contained in a written agreement or other
paper allegedly signed by you. The sheriff may take your money or other property to pay
the judgment at any time after thirty (30) days after the date on which this notice is
served on you.
You may have legal rights to defeat the judgment or to prevent your money or
property from being taken. YOU MUST FILE A PETITION SEEKING RELIEF FROM
THE JUDGMENT AND PRESENT IT TO A JUDGE WITHIN THIRTY (30) DAYS
AFTER THE DATE ON WHICH THIS NOTICE IS SERVED ON YOU OR YOU
MAY LOSE YOUR RIGHTS.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF
YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET
FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION
ABOUT HIRING A LAWYER.
IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE
ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY
OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO
FEE.
CUMBERLAND COUNTY BAR ASSOCIATION
32 South Bedford Street
Carlisle, Pennsylvania 17013
Phone: (717) 249-3166 or (800) 990-9108
Bradley L. Griffie, Esquire
Attorney for Plaintiff
200 North Hanover Street
Carlisle, PA 17013
(717) 243-5551
(800) 347-5552
May 25 11 02:53p
(717) 261-1408 p.2
G3RITTIE & .L.SSOCIA7TS
Attorneys and Counselors at Law
200 North Hanover Street
Bradley L. Griffie, Esquire Carlisle, PA 17013
Hannah Herman-Snyder, Esquire (717) 243-5551
Robin J. Bassett
Office Manager
Kelly L. Perez
lxgal Assistant
Reply to: Carlisle
Roger M. Morgenthal, Esquire
Smigel, Anderson & Sacks
4431 North Front Street
3rd Floor
Harrisburg, PA 17110-1778
May 25, 2011
RE: Griffie & Associates vs. Zorn
No. 08-4731
Dear Roger:
100 Lincoln Way East, Suite 1)
Chambersburg, PA 17201
(717)267.1350
(800) 347-5152
Fax (717) 243-5063
Enclosed herein please find a filed copy of our Praecipe to withdraw our Writ of
Execution and to give notice to the sheriff's department of the withdrawal of our Writ.
Also, enclosed is a copy of a Notice being served upon you pursuant to Rule
298.1 and Rule 2964. We are serving this upon you pursuant to Pa.R.C.P. No. 440(2).
However, we are also serving this upon Mr. Zorn pursuant to Pa.R.C.P. No. 403, as we
certainly would not want Mr. Zorn to change attorneys, or take other action to suggest he
did not receive personal notice in this matter.
I suggest this makes your Petition for Stay of Execution and any resulting Order
or Rule that you might receive moot. As such, if an Order is received on your Petition, I
request that you promptly notify the Court that the matter is resolved. Possibly, Mr. Zorn
should have considered meeting his prior obligation before creating and meeting new
obligations.
BLG/rjb
Enclosure
VIA FACSIMILE AND US MAIL
Griffie, Esquire
Mai 25 11 02:53p (717) 261-1408 p.4
GRIFFIE & ASSOCIATES,
Plaintiff
vs.
RALPH B. ZORN, JR.,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 08-4731 CIVIL TERM
CONFESSION OF JUDGMENT
NOTICE UNDER RULE 2958.1
OF JUDGMENT AND EXECUTION THEREON
NOTICE OF DEFENDANT'S RIGHTS
TO: Ralph B. Zorn, Jr.
A judgment in the amount of $17,300.00, plus interest, costs and attorney's fees,
has been entered against you and in favor of the Plaintiff without any prior notice or
hearing based on a confession of judgment contained in a written agreement or other
paper allegedly signed by you. The sheriff may take your money or other property to pay
the judgment at any time after thirty (30) days after the date on which this notice is
served on you.
You may have legal rights to defeat the judgment or to prevent your money or
property from being taken. YOU MUST FILE A PETITION SEEKING RELIEF FROM
THE JUDGMENT AND PRESENT IT TO A JUDGE WITHIN THIRTY (30) DAYS
AFTER THE DATE ON WHICH THIS NOTICE IS SERVED ON YOU OR YOU
MAY LOSE YOUR RIGHTS.
May 25 11 02:53p
(717) 261-1408 p.5
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF
YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET
FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION
ABOUT HIRING A LAWYER.
IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE
ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY
OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO
FEE.
CUMBERLAND COUNTY BAR ASSOCIATION
32 South Bedford Street
Carlisle, Pennsylvania 1,7013
Phone: (717) 249-3166 or (800) 990-9108
Bradley L. Griffie, Esquire
Attorney for Plaintiff
200 North Hanover Street
Carlisle, PA 17013
(717) 243-5551
(800) 347-5552
May 25 11 02:52p (717) 261-1408 p.1
C ONEIDENTIALITY NOTICE_
THIS FACSIMILE TRANSMISSION IS INTENDED ONLY FOR THE
USE OF THE INDIVIDUAL OR ENTITY TO WHICH TT IS AnnR.FSSFD,
AND MAY CONTAIN CONFIDENTIAL INFORMATION BELONGING TO
THE SENDER WHICH IS PROTECTED BY ATTORNEY-CLIENT
PRIVILEGE. IF YOU ARE NOT THE INTENDED RECIPIENT, YOU ARE
HEREBY NOTIFIED THAT ANY DISCLOSURE, COPYING,
DISTRIBUTION, OR THE TAKING OF ANY ACTION IN RELIANCE ON
THE CONTENTS OF THIS INFORMATION IS STRICTLY PROHIBITED.
IF YOU HAVE RECEIVED THIS TRANSMISSION IN ERROR, PLEASE
IMMEDIATELY NOTIFY US BY TELEPHONE TO ARRANGE FOR THE
RETURN OF THE DOCUMENTS.
FAX NO.: (717) 234-3611
ATTENTION: Royer M. Morgenthal Esquire Smigel Anderson & Sacks LLP 4431
North Front Street 3`d Floor, Harrisbure PA 17110-177$ (717) 234 2401
DATE TRANSMITTED:--- 5/25/11 TIME TRANSMITTED: 3:40
NUMBER OF PAGES (including cover page): 5
FROM: Bradley L. Griffie, Esauire
If you do not receive all pages or have any problems with transmission, please
call and ask for Robin Bassett
SUBJECT/MESSAGE:
Attached is a copy of a Notice Under Rule 2958.1 of Judgment and Execution
Thereon, as well as a Praecipe withdrawing the Writ of Execution for Ralph B. Zorn, Jr.
Original documents will/will not follow by U.S. Mail
C-,."
0 0
GRIFFIE & ASSOCIATES
200 North Hanover Street
Carlisle, PA 17013
Invoice submitted to:
Ralph B. Zorn, Jr.
1039 Northfield Drive
Carlisle PA 17013
May 5, 2011
In Reference To:Divorce
Invoice #50025
Additional charges:
Amount
04/19/11 Filing fees to Protho otar.y (24) and Sheriff 174.00
(150)
Total costs $174.00
Interest on overdue b lance $236.75
Total amount of this ill $410.75
Previous balance $21,379.99
05/05/11 Payment - thank you
-$200.00
Balance due $21,590.74
THIS STATEMENT REFLECTS ALL SE VICES RENDERED AND PAYMENTS RECEIVED
AS OF APRIL 30, 2011.
We accept Visa, Mastercard and Discover.
Ralph B. Zorn, Jr. Page
Current 30 Days 60 Days 90 Days 120 Days
410.75 217.43 193.34 189.24 20,579.98
2
S
GRIFFIE & ASSOCIATES,
PLAINTIFF
V.
RALPH B. ZORN, JR.
DEFENDANT
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION -LAW
NO. 08-4731 CIVIL TERM
: CONFESSION OF JUDGMENT
RULE
%'4
AND NOW, this2f day of 2011, a rule is entered upon Griffie &
Associates to show cause why the judgment by confession of August 1, 2008, in the above-
captioned matter should not be opened. Rule returnable *K ZL day,)f , z?" nle
Cumberland County Courthouse at o'clock. 0 fey
BY THE COURT:
Distribution:
,,?J. 11 ___ ?P_ z( 1-
? Bradley L. Griffie, Esquire, Griffie & Associates, 200 North Hanover Street, Carlisle, PA
17013 (Attorney for Plaintiff)
Roger M. Morgenthal, Esq., Smigel, Anderson & Sacks, LLP, 4431 North Front Street,
3rd Floor, Harrisburg, PA 17110 (Attorney for Defendant).
&pdes ma.'Iee' bla49_1ir
,?rCC
n
c N C
ZM ?f-
--
r. r
rn
-<D m o,
r-M
C_>
y.C N ?t*?t
GRIFFIE & ASSOCIATES, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
C`7 N ?
vs. CIVIL ACTION - LAW -?3
rnca
xrn ? rn ?n
RALPH B. ZORN, JR., NO. 08-4731 CIVIL TERM N
?
Defendant CONFESSION OF JUDGMENT '<> CO
!zcl
>n
3DO
=
X
PLAINTIFF'S ANSWER TO DEFENDANT RALPH B. ZORN JR. o
PETITION TO OPEN CONFESSION OF JUDGMENT FOR MON
AND NEW MATTER •; ?= ''
AND NOW, comes Plaintiff, Griffie & Associates, by and through Attorney Bradley
L. Griffie, Esquire, and answers Defendant Ralph B. Zorn, Jr.'s Petition to Open
Confession of Judgment for Money as follows:
1. Admitted
2. Admitted.
3. Admitted in part, denied in part. Admitted that the Plaintiff initially represented
the Defendant in the divorce and custody proceeding in 1994. It is further
averred, however, that representation in that case was concluded, and that services
were begun again in 2004.
4. Denied. It is denied that Plaintiff did not provide a fee agreement or engagement
letter. It is averred, rather, as with all of the Plaintiff's clients, Defendant was
provided with an Engagement or Fee Agreement letter and given the opportunity
to review it in the privacy of his home. A copy of Defendant's first Fee
Agreement letter, dated September 3, 2004, is attached hereto and incorporated
herein by reference as Exhibit "A". It is averred that said Fee Agreement letter,
executed by Brian C. Bornman, Esq., as an associate with Griffie & Associates,
detailed the arrangements relative to representation of the Defendant in custody
and support matters related to the action involving his former wife, Michelle D.
Smith. It is further averred that, by Fee Agreement letter of June 28, 2006, which
was executed by the Defendant on July 6, 2006, and which retained the services
of Plaintiff in a separate action in divorce against his next wife, Robin E. Zorn,
Defendant was again afforded the opportunity to review a Fee Agreement letter
from Plaintiff and executed same, which letter is attached hereto and incorporated
herein by reference as Exhibit "B".
5. Denied. It is denied that "periodic bills" were sent to Defendant by Plaintiff. It is
averred, rather, that detailed bills were provided from the Plaintiff to the
Defendant on a monthly basis for the entire period of representation beginning in
September 2004 to date. It is admitted that Defendant paid fees to Plaintiff on
several occasions for services and costs incurred.
6. Denied. It is denied that Defendant ever inquired of the Plaintiff as to the status
of his account, as detailed monthly bills were provided to the Defendant every
month during this period of representation and Defendant never raised questions
regarding the monthly bills he received. It is denied that Plaintiff ever stated to
the Defendant to "not worry about it" with respect to his bill. It is denied that
there were ever requests by the Defendant for a comprehensive statement as
monthly bills were provided to the Defendant. It is denied that the Defendant did
not receive monthly bills.
7. Denied. It is denied that on or about June 10, 2008, Plaintiff summoned
Defendant to Plaintiff's office and presented the Defendant with a Note in the
amount of $17,300.00, plus interest at the rate of 12% per annum. It is averred,
rather, that for an extended period of months prior to June 2008, as Defendant's
legal proceedings had been concluded, the Plaintiff's staff had requested
Defendant to execute a Note in the amount of the sum due for legal services
rendered, together with interest at the rate of 12% per annum, which Note
contained a Confession of Judgment provision. It is further averred that
Plaintiff's staff made repeated written and telephonic requests of the Defendant to
execute the Note, along with an indication that if the Note was not signed,
Plaintiff was left with no recourse but to initiate collection litigation against the
Defendant. It is further averred that Defendant then appeared in Plaintiff's office
on June 10, 2008, and met with a staff member at his request for the purposes of
executing the Note, which was executed, initialed, witnessed, and notarized, a
copy of which is attached as Exhibit "A" to the Defendant's Petition, and which,
has been filed of record to this action.
8. Denied. It is specifically denied that Affiant herein, Bradley L. Griffie, Esq., the
owner of Griffie & Associates, ever met with the Defendant on this matter. It is
denied that there was a meeting between Plaintiff and Defendant. It is denied that
Plaintiff ever coerced Defendant to sign anything. It is denied that the Defendant
did not fully understand the Note, as he had every opportunity to take a copy of
the Note with him to read, to show to counsel, or otherwise to secure explanation.
It is denied that the Plaintiff ever threatened Defendant. It is averred that
Defendant was made aware on numerous occasions that if he did not make
payment in full for all services rendered, or did not sign a Note confirming his
obligation to Plaintiff securing Plaintiff's fees, then Plaintiff would be left with no
alternative but to initiate litigation for collection.
9. Denied. It is denied that the Defendant disputed the amount due. It is denied that
the Defendant ever disputed the services rendered, the sums charged, or the
amount due. It is denied that the Defendant ever questioned any of the monthly
statements that he received for services rendered. It is averred, rather, that
Defendant, and other third parties assisting Defendant, made multiple overtures
and numerous arrangements to make payment on the sums due for all services
rendered, without ever questioning any of the services rendered, and that, at times,
payments were made by the Defendant and third parties working with the
Defendant in an effort to pay the outstanding obligation to Plaintiff.
10. Admitted in part, denied in part. It is admitted that the Defendant signed the
Note. It is denied that the Defendant did not have the opportunity to seek legal
representation.
11. Admitted.
12. Admitted.
13. Admitted.
14. Denied as stated. It is denied that the consideration for the Note entered by
Plaintiff was the value of services "allegedly" performed and the legal fees billed
to the Defendant. It is averred, rather, that, in fact, the consideration for the Note
was for all legal services performed and billed on a monthly basis to the
Defendant as per the parties' two executed Fee Agreement letters.
15. Admitted in part, denied in part. It is admitted that, at this time, the Defendant
may believe anything he wishes to believe, or claim he believes anything. It is
denied, however, that the legal services performed did not result in fees and costs
billed and demanded. It is further averred that the Defendant received monthly
statements for all services rendered with itemization of those services and that
Defendant never questioned the services rendered at any point, except at this time
when Plaintiff is attempting to collect on the debt due. It is further averred that
the Defendant signed two 2 Fee Agreement letters which are attached hereto and
incorporated herein by reference as Exhibits "A" and "B". It is averred that the
Defendant was billed on a monthly basis from the time of his retaining the
services of the Plaintiff, and that the voluminous monthly bills listing all services
rendered since the execution of the Fee Agreement(s), or engagement letters, are
available and in Plaintiff's possession. It is further averred that if the Defendant
had retained his copies of the billings, he too would have voluminous monthly
bills for all services rendered. It is further averred that Defendant consistently
approved of all legal services provided to him by Plaintiff and commonly
complimented Plaintiff on the services provided.
16. Denied. Plaintiff is without sufficient knowledge or information to form a belief
as to the truth of the averment that the Defendant is "prepared" to present the
information he claims in paragraph 16, and therefore, the suggestion that the
Defendant is "prepared" as indicated, is denied, and specific proof thereof is
demanded at trial. It is further averred that the Defendant has never disputed any
of the billings for all fees, costs, and services rendered, has never, until Plaintiff
has attempted to collect on those services, suggested that the services were
unreasonable or excessive, and has always indicated in writing, to the Plaintiff,
that he appreciated all the services rendered, that he felt he had impeccable legal
representation, and that he appreciated all of the services rendered by Plaintiff to
the Defendant. It is further averred that every monthly statement that was
provided to the Defendant from the time of the execution of the Engagement
Letter to this date have always reflected all payments made by the Defendant, or
on Defendant's behalf.
17. Admitted.
18. Admitted.
19. The averments set forth in paragraph 19 are conclusions of law to which no
response is required or necessary.
20. The averments set forth in paragraph 20 are conclusions of law to which no
response is required or necessary.
21. The averments set forth in paragraph 21 are conclusions of law to which no
response is required or necessary.
22. The averments set forth in paragraph 22 are conclusions of law to which no
response is required or necessary.
23. The averments set forth in paragraph 23 are conclusions of law to which no
response is required or necessary.
24. Denied. It is denied that Zorn never received services having a value even, or
remotely equivalent, to the alleged consideration. It is denied that the Note is
illegal and invalid. It is averred, rather, that Zorn received monthly bills for
services as previously set forth, for every monthly period from September 2004 to
present.
25. Denied. It is denied that the Confession of Judgment based upon the Note is
unsupported by consideration. It is denied that it is appropriate for the Confession
of Judgment to be opened as a matter of law.
26. Denied. It is denied that there was any duress or coercion exerted upon the
Defendant by the Plaintiff. It is denied that the Plaintiff threatened the Defendant
that he would be taken "before the court" if he did not sign the Note. It is denied
that the Defendant would not have otherwise signed the Note, as the Defendant
was fully aware of all services rendered, was fully accepting of all services
rendered, was aware of all fees charged, and was agreeable to pay for all services
rendered, and fees charged at the time he signed the Note and since that time. It is
denied that the warrant of the attorney was not willingly and knowingly given by
the Defendant.
WHEREFORE, Plaintiff, Griffie & Associates, respectfully requests that your
Honorable Court DENY Defendant's Petition.
NEW MATTER
27. Plaintiff's Answers to paragraphs 1 through 26 are incorporated herein by
reference as if set forth in their full text.
28. Any action claimed to be available to the Defendant, objecting to the services
provided by the Plaintiff, are time-barred by the statute of limitations.
29. Defendant is prohibited as a matter of law from challenging the underlying basis
for the Note, as the statute of limitations has passed, and as such, Defendant is
without basis to challenge the Confession of Judgment.
WHEREFORE, Plaintiff requests your honorable Court to DENY the Petition to
Open Confession of Judgment.
Respectfully submitted,
iffie, Esquire
& Associates
Supreme Court ID No. 34349
200 North Hanover Street
Carlisle, PA 17013
(717) 243-5551
100 Lincoln Way East, Suite D
Chambersburg, PA 17201
(800) 347-5552
I verify that the statements made in the foregoing document are true and correct. I
understand that false statements herein are made su 'ect to the penalties of 18 Pa.C.S.
Section 4904, relating to unsworn falsification ut rities.
DATE: 7 ?? 1
GRIFFIE & ASSOCIATES, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
vs. : CIVIL ACTION -LAW
RALPH B. ZORN, JR., NO. 08-4731 CIVIL TERM
Defendant CONFESSION OF JUDGMENT
CERTIFICATE OF SERVICE
I, Bradley L. Griffie, Esquire hereby certify that I did, the _Fr W day of July,
2011, cause a copy of the within Plaintiff's Answers to Defendant Ralph B. Zorn, Jr.'s
Petition to Open Confession of Judgment for Money with New Matter to be served upon
the Defendant/Respondent, Ralph B. Zorn, Jr., by serving his attorney of record, Roger
M. Morganthal, Esq., Esquire, by first class mail, postage prepaid, at the following
address:
Roger M. Morganthal, Esquire
Smigel, Anderson & Sacks, LLP
4431 North Front Street, 3rd Floor
Harrisburg, PA 17110
DATE: -71k] /I e?
iffie, Esquire
iff
GjuFFIE& ASSOCIA7ES
Bradley L. Griffie, Esquire
Marylou Matas, Esquire
Brian C. Bornman, Esquire
Hannah Herman-Snyder, Esquire
Robin J. Goshorn
Office Manager
Reply to: Carlisle
Ralph B. Zorn, Jr.
1150 Cranes Gap Road
Carlisle, PA 17013
Dear Mr. Zorn:
Attorneys and Counselors at Law
September 3, 2004
RE: FEE AGREEMENT
200 North Hanover Street
Carlisle, PA 17013
(717) 243-5551
38 North Main Street
Chambersburg, PA 17201
(717) 267-1350
(800) 347-5552
Fax(717)243-5063
Thank you for consulting us regarding your legal matters. This will confirm our
arrangements regarding representation of you and attorney's fees associated with representation
of you in your case.
From this point forward in your representation, we will keep strict track of all time
expended for services rendered on your behalf. This includes, but is not limited to, telephone
calls, office conferences, correspondence, attendance at meetings, hearings and similar matters.
These services will be billed to you at the rate of $150.00 per hour for my services and $200.00
per hour for services performed by Bradley L. Griffie, Esquire. While you will not be billed for
clerical or secretarial time, with respect to some of the services, we will use the assistance of one
of our paralegals and bill for the paralegal's services at the rate of $30.00 per hour. Further,
however, we reserve the right to increase our hourly fees in the future as our general hourly rates
increase for all clients. This, of course, would only be done after proper notification to you.
"Costs" will also be itemized and billed to you. "Costs" are out-of-pocket expenses, such
as expert fees (e.g. accountants, appraisers), filing fees, and transcripts, as well as some long
distance telephone calls, copying, postage, and fax transmissions.
We require a standard retainer to be paid in domestic cases in the amount $2,000.00*.
The retainer is held in our escrow or trust account. We bill against this retainer as your case
progresses and notify you of this through routine billings. In the event the retainer is used in its
entirety, or extensive, involved work is anticipated, we reserve the right to request an additional
retainer of an appropriate amount.
There are rare circumstances where a retainer could be waived, such as where an
agreement is reached that fees will be paid from divorce settlement proceeds. As indicated, these
circumstances are rare and, further, require the signing of a separate, recordable Note.
We reserve the right to refuse or withdraw representation in the event retainers, quoted
fees or billed fees are not timely paid. If you maintain an outstanding bill with us for which
payment has been requested for over 60 days, or if you fail to provide requested retainers
for a period of 60 days, we reserve the right to withdraw from your case or otherwise to
refuse additional services.
Exhibit "A"
In some cases, situations may arise wherein the opposing party may be ordered to pay all
or part of the other party's fees. Sometimes the court makes an order for fees and costs.
Because fees and costs awards are totally unpredictable, court orders must be considered to be
merely "on account" and you are primarily responsible to pay your total fee. Of course, any
amounts received pursuant to a court order will be credited on your account.
Our office charges interest at the rate of I% per month or 12% per annum for any billings
over 30 days old. There are circumstances when this interest can be waived, but it must be done
in writing. All billings will reflect this calculated interest.
You should understand that there will be times when I will be in Court, in meetings, or
otherwise unavailable to answer yf)ur call. At such times, please feel confident to talk with my
paralegal. If you are passing on information, she can deliver it to me without the necessity of
your waiting to have me return the call. If you have a question that requires an answer for me, it
may be easier and more expeditious for them to obtain the background from you, bring the
matter to my attention when I am free, and then have a response to you. If it is necessary that
you speak with me directly, I will attempt to return your call as soon as possible. In the event
you encounter difficulties in reaching me, feel free to have my staff schedule a brief telephone
appointment at a designated time.
Additionally, there may be times when I attempt to contact you via cell-phone or e-mail.
As you may be aware, some concerns exists that cell-phone conversations or e-mail
correspondence could occasionally be intercepted. Therefore, we cannot absolutely guarantee
the confidentiality of our discussions in such instances. If you have concern over this and do not
want me to contact you in this manner, please write a brief statement to this effect under your
signature at the end of this letter. In this way, we will have record of your wishes and will
proceed accordingly.
Every effort will be made to expedite your case promptly and efficiently according to the
highest legal and ethical standards.
Please sign and date the oriVnal of this letter and return it to our office in the enclosed,
self-addressed stamped envelope for our records. Retain the copy for your records.
Very truly yours,
GRIFFIE
?_, ASSOCIATES
C
BCB/kjl Esquire
omman,
* Retainer already received. Thank you!
I agree toobbe' legally bound by the terms set forth above.
DATE:
RALPH B. ORN, JR.
(ip TFF?E & ASSOCIATES
Attorneys and Counselors at Law
ey L. Griffie, Esquire
Herman-Snyder, Esquire
Robin J. Goshorn
Office Manager 2006
3une 2g,
Reply lo: Carlisle
Ralph B . Zorn
1916 Ester D1 ve
Carlisle, PA
RE; FEE AGREEMBNT
Dear Mr. Zorn: our legal matters.
you for consulting ntati us regarding ngof you and attorney's
h nk
200 North H no 17x13 Street
Carlisle,
(717) 243-5551
100 Lincoln Way East, Suite D
Chambersburg, FA 17201
(717)267-1350
(800) 341-5552
Fax (717) 243-5063
This will confirm our
fees associated with
T
arrangements a regarding represe ended
representation of you in your case. We will keep strict track of all time one
but is not limited to, telephone calls,
on in your represe This includes,
ointrenforward
From this p our behalf. hearings and
for services similar matters.
of Wlllle you will not be
, attendance at meetingser hour. we will use the
fice conferences, cor billed rate of $250.00 p
respect to some of the services. ces at he rate of
services will be billed to YOU at the
These r legal assistants and bill forte
billed for clerical or secretarial time, the right to increase our hourly fees in the
assistance of one of our paralegals however, we reserve of course, w
$50.00 p ould only be done
Per hour. Further, rates increase for all clients. This,
future as our general hourly
after proper notification to y°u- ,Costs" are out-of-pocket well expenses, such as
and transcripts, as well as some long
"Costs" will also be itemized and billed to f ling fees,
accountants, appraisers),
ostage and fax transmissions. 500.00* .
expert fees (e-g-
co in ,
py g p es of cases in the amount of $2,
distance telephone calls, aid in these typ against this retainer as your d case
We require a standard retainer to be p We bill agar trust routine • In the event the retainer is use
all
scrow this through account. We reserve the right to request
f
The retainer is held in our e
progresses and notify you °nvolved work is anticipated,
its entirety, or extensive, Bement
such as where an agr these
additional retainer of an appropriate amount.
There are As indicated,
rare circumstances where a , divorce eu settlement proceeds, ? cords Note,
is reached that fees will be paid from require the signing of a separate, re
quoted fees
circumstances are rare and, further, presentation in the evenbi ltwithsus for which
ht to refuse or withdraw rep provide requested
We reserve the rig aid. If you maintain an outstanding ag to p
withdraw from your case or
or billed fees are not timely requested for over 60 days' or ht if You
payment has been riod of st days, we reserve the rig 60 iners for a p d to pay all or
retaotherwise to refuse additional service. osing paw' may be ordere
pp
ise wherein the opposing'
some cases, the court makes an order for fees and cos s.
situations may ar
In som s fees. Sometimes
part of the other party
Exhibit "B"
Because fees and costs awards are totally unpredictable, court orders must be considered to
be merely "on account" and you are primarily responsible to pay your total fee. Of course,
any amounts received pursuant to a court order will be credited on your account.
Our office charges interest at the rate of 1% per month or 12% per annum for any billings
over 30 days old. There are circumstances when this interest can be waived, but it must be
done in writing. All billings will reflect this calculated interest.
You should understand that there will be times when I will be in Court, in meetings, or
otherwise unavailable to answer your call. At such times, please feel confident to talk with
my paralegal. If you are passing on information, she can deliver it to me without the
necessity of your waiting to have me return the call. If you have a question that requires an
answer for me, it may be easier and more expeditious for them to obtain the background from
you, bring the matter to my attention when I am free, and then have µ response to you. 1f it is
necessary that you speak with me directly, I will attempt to return your call as soon as
possible. In the event you encounter difficulties in reaching me, feel free to have my staff
schedule a brief telephone appointment at a designated time.
Additionally, there may be times when I attempt to contact you via cell-phone or e-mail. As
you may be aware, some concern exists that cell-phone conversations or e-mail
correspondence could occasionally be intercepted. Therefore, we cannot absolutely
guarantee the confidentiality of our discussions in such instances. If you have concern over
this and do not want me to contact you in this manner, please write a brief statement to this
effect under your signature at the end of this letter. In this way, we will have record of your
wishes and will proceed accordingly.
Every effort will be made to expedite your case promptly and efficiently according to the
highest legal and ethical standards.
Please sign and date the original of this letter and return it to our office in the enclosed, self-
addressed stamped envelope for our records. Retain the copy for your records.
Very truly yours,
GRIFFIE & ASSOCIATES
Bradley L. ' ie, Esquire
BLG/tbf
Enclosures
I agree to be legally bound by the terms set forth above.
DATE:
Ralph
* No retainer-being requested with this fee letter
SMIGEL, ANDERSON & SACKS, L.L.P.
River Chase Office Center
4431 North Front Street, 3`d Floor
Harrisburg, PA 17110-1778
(717) 234-2401
F"(i..E.i-OPECfr
THE PROTHONOTAE
Roger. Morgenthal, Esquire
201 1 JUL I j of nthal _sasllp.com
A Forney for Plaintiff
PUMBERLANO COUNTY
PENNSYLVANIA
GRIFFIE & ASSOCIATES, IN THE COURT OF COMMON PLEAS
PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA
V. CIVIL ACTION - LAW
NO. 08-4731 CIVIL TERM
RALPH B. ZORN, JR.
DEFENDANT CONFESSION OF JUDGMENT
AFFIDAVIT OF SERVICE
1, Roger M. Morgenthal, do hereby testify and aver that I served a copy of:
1. The Rule to Show Cause issued on Defendant's Petition to Open
Confession of Judgment for Money on Bradley L. Griffie, Esquire, counsel for Plaintiff,
on July 1, 2011, by Certified Mail, Return Receipt Requested at the address of 200 North
Hanover Street, Carlisle, PA 17013. The green return signature card is attached hereto as
Exhibit "A".
2. A copy of the Defendant's Petition to Open Confession of Judgment for
Money on June 24, 2011, upon Bradley L. Griffie, Esquire, counsel for Plaintiff, by
United States Mail, first class, postage prepaid at the address of 200 North Hanover
Street, Carlisle, PA 17013.
I verify that the statements made in this affidavit are true and correct. I
understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §
4904, relating to unsworn falsification to authorities.
I verify that the statements made in this affidavit are true and correct. I
understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §
4904, relating to unsworn falsification to authorities.
SMIGEL, ANDERSON & SACKS, LLP
Date: July , 2011 By:---???`
Roger M. Morgentha , Esquire
ID # 17143
River Chase Office Center, 3rd Floor
4431 North Front Street
Harrisburg, PA 17110
(717) 234-2401
Attorneys for Defendant
Sworn to and subscribed before me
this -7 ?day of July, 2011.
Notary Public
My Commission Expires: nao ' oZO42
COMMONWEALTH OF PENNSYLVANIA
Notarial Seal
Bonita L. Getz, Notary Public
Susquehanna Twp., Dauphin County
My Commission Expires May 15, 2012
Member, Pennsylvania Association of Notaries
2
• Complete Items 1, 2, and 3. Also complete
Item 4 If Restricted Delivery is desired.
¦ Print your name and address on the reverse
so that we can return the card to you.
• Attach this card to the back of the maiiplece,
or on the front If space narmitc
,..n "AMiessea to:
Firadj L. Gr f?-re;
kS a6
Caa ? l?
EXHIBIT "A"
If YES, enter delivery address below:
13 E Mail
O-SWum Receipt for Mard.,dbe
? C.O.D.
RhMpAtr Aom,erwp. ,rod) 7009 2250 0003 1116 5082
PS Form 3811. r eDRmy 2004 DorrmW Retum RwWM t-M-i540
CERTIFICATE OF SERVICE
I, Roger M. Morgenthal, Esquire, attorney for Defendant in the above-captioned
matter, do hereby certify that I served a true and correct copy of the foregoing Affidavit of
Service upon Plaintiff's counsel by depositing same in the U.S. Mail with postage prepaid
for first class mail, delivery addressed as follows:
Bradley L. Griffie, Esquire
Griffie & Associates
200 North Hanover Street
Carlisle, PA 17013
SMIGEL, ANDERSON & SACKS, LLP
Date: July -7 2011 By:
Roger M. Morgenthat, Esquire
ID # 17143
River Chase Office Center, 3Td Floor
4431 North Front Street
Harrisburg, PA 17110
(717) 234-2401
Attorneys for Defendant
FILED-OFFICE
Oo THE PROTHOINOTAR`
2011 JUL 13 PM 3: 58
SMIGEL, ANDERSON & SACKS,
River Chase Office Center, 3rd Floor MBERLAND COUNTY
4431 North Front Street PENNSYLVANIA
Harrisburg, PA 17110
(717) 234-2401
Roger M. Morgenthal, Esquire
rmorgenthal(i,sasllp.com
Attorney for Plaintiff
GRIFFIE & ASSOCIATES,
PLAINTIFF
V.
RALPH B. ZORN, JR.
DEFENDANT
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 08-4731 CIVIL TERM
: CONFESSION OF JUDGMENT
DEFENDANT RALPH B. ZORN, JR.'S REPLY TO PLAINTIFF'S
ANSWER AND NEW MATTER
AND NOW COMES Defendant, Ralph B. Zorn, Jr., by and through his attorneys,
Smigel, Anderson & Sacks, LLP, to file the following reply to Plaintiff's Answer and New
Matter and avers in support as follows:
27. Defendant restates his averments as contained in paragraphs 1 through 26 of
Defendant's Petition to Open Confession of Judgment for Money and incorporates
the same by reference as though fully set forth.
28. Denied as a legal conclusion to which no reply is required. By way of further answer,
PA. Rules of Civil Procedure 2956.1(c), 2958.1 and 2964 specifically permit
Defendant to file a Petition for Relief from a Confessed Judgment within thirty (30)
days of receiving notice from Plaintiff thereunder. Rule of Civil Procedure 2960
defines the procedure to be followed if the judgment is opened, and Defendant
1
therefore avers that no statute of limitation applies to his right to defend against
Plaintiff s claim, for which Plaintiff bears the burden of proof.
29. Denied as a legal conclusion to which no reply is required. By way of further answer,
PA. Rules of Civil Procedure 2956.1(c), 2958.1 and 2964 specifically permit
Defendant to file a Petition for Relief from a Confessed Judgment within thirty (30)
days of receiving notice from Plaintiff thereunder. Rule of Civil Procedure 2960
defines the procedure to be followed if the judgment is opened, and Defendant
therefore avers that no statute of limitation applies to his right to defend against
Plaintiff s claim, for which Plaintiff bears the burden of proof.
WHEREFORE, Defendant, Ralph B. Zorn, Jr., respectfully requests that this Honorable
Court Open the Confession of Judgment for Money and award whatever other relief this
Honorable Court deems appropriate.
Respectfully submitted,
SMIGEL, ANDERSON & SACKS, LLP
Date: July 13, 2011 By:
Rogge genthal E u i
River Chase Office Center, 3rd Floor
4431 North Front Street
Harrisburg, PA 17110
(717) 234-2401
Attorneys for Defendant
M. Mor
Ro q re ID # 17143
2
GRIFFIE & ASSOCIATES, IN THE COURT OF COMMON PLEAS
PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA
V. CIVIL ACTION - LAW
NO. 08-4731 CIVIL TERM
RALPH B. ZORN, JR.
DEFENDANT CONFESSION OF JUDGMENT
CERTIFICATE OF SERVICE
I, Roger M. Morgenthal, attorney for the Defendant in the above-captioned matter, certify
that I have this day served a copy of the foregoing Reply to Plaintiff's Answer and New Matter
upon the person(s) indicated below by depositing a copy of the same in the United States Mail,
first class, postage prepaid, at Harrisburg, Pennsylvania, and addressed as follows:
Bradley L. Griffie, Esquire
GRIFFIE & ASSOCIATES
200 North Hanover Street
Carlisle, PA 17013
Attorney for Plaintiff
SMIGEL, ANDERSON & SACKS, L.L.P.
Date: July 13, 2011 BY:
Roger M. orgenthal, Esquir ID #17143
River Chase Office Center, 3`d Floor
4431 North Front Street
Harrisburg, PA 17110
(717) 234-2401
Attorneys for Defendant
GRIFFIE & ASSOCIATES,
PLAINTIFF
V.
RALPH B. ZORN, JR.,
DEFENDANT
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
: 08-4731 CIVIL TERM
ORDER OF COURT
AND NOW, this 7 day of November, 2011, upon agreement of
counsel the hearing scheduled for this date is continued generally. Counsel for the
parties may request a hearing when at issue.
By the Court,
Albert H. Maslan , J.
Bradley L. Griffie, Esquire -02
rnCO
rn o rn
For Plaintiff Z
Roger M. Morgenthal, Esquire
For Defendant CpplE? I? i? ??? C "--n
Il I7f y; r-" w °rn
:saa
-c