The URL can be used to link to this page

Home My WebLink About04-1281COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW YELLOW BOOK USA, INC. Plaintiff VS. PATRICK FRYE i/t/a ALL STAR DJ Defendant No. CY4 -/2,PI CIVIL ACTION CONFESSION OF JUDGMENT Pursuant to the authority contained in the warrant of attorney set forth in the Note attached as Exhibit "A" of the Complaint filed in this action, I appear for the Defendant, PATRICK FRYE i/t/a ALL STAR DJ, and confess judgment in favor of Plaintiff and against the Defendant as follows: Principal Payments Interest at 12% per annum from December 9, 2003 $3,982.46 600.00 118.38 TOTAL $3,500.84 AMATO AND h/JA~LE, P.C.,,,,~ / Michael Kennedy, Atty ID #72412 Michael Lessa, Atty ID #88617 Attorneys for Plaintiff 107 North Commerce Way Bethlehem, PA 18017 (610) 866-0400 JUDGMENT~, NTERED ~VE PcrivO~lh;~v~.~ornY/Clelk of Court/ COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW YELLOW BOOK USA, INC. Plaintiff VS. PATRICK FRYE i/Ua ALL STAR DJ Defendant CIVIL ACTION COMPLAINT FOR CONFESSION OF JUDGMENT FOR MONEY UNDER RULE 2951 (b) Plaintiff files this civil action pursuant to Pennsylvania Rule of Civil Procedure 2951 (b) for judgment by confession and avers the following: 1. The Plaintiff, YELLOW BOOK USA, INC., is located at 2560 Renaissance Boulevard, King of Prussia, PA 19406. 2. The Defendant, PATRICK FRYE i/Ua ALL STAR DJ, is an adult individual, with a last known address at 822 Lisburn Road, Carlisle, PA 17013-9230. 3. On or about December 9, 2003, Defendant, PATRICK FRYE i/t/a ALL STAR DJ, for good and valuable consideration received, executed and delivered to Plaintiff a written Installment Judgment Note (hereafter "Note"). A true and correct copy of Defendant's Note with Plaintiff is attached hereto, made a part hereof and marked Exhibit "A". 4. The attached Note has not been assigned. 5. Judgment is not being entered against a natural person in connection with a consumer credit transaction. 6. Defendant is currently in default by virtue of its failure to make payments pursuant to the Note. 7. Judgment has not been entered on the attached Note in any jurisdiction. 8. Pursuant to the terms and provisions of the Note, Plaintiff exercises its option to Confess Judgment for the entire sum of money which may be due or become due under the attached Note. 9. As a consequence of the foregoing default, Defendant is indebted to Plaintiff in the following amount: Principal Payments Interest at 12% per annum from December 9, 2003 TOTAL $3,982.46 600,00 118.38 $3,500.84 WHEREFORE, Plaintiff demands judgment against Defendant in the sum of $3,500.84, plus costs as authorized by the warrant of attorney provisions of the attached Note. Attorney File: 2030363 AMATO AND MARBLE, P.C. By: Michael Kennedy, Atty ID #72412 Michael Lessa, Atty ID #88617 Attorneys for Plaintiff 107 North Commerce Way Bethlehem, PA 18017 (610) 866-0400 VERIFICATION I, Ronald Amato, Esquire, hereby state that I am the attorney-in-fact for Plaintiff in this action and, as such, am authorized to make this verification on behalf of Plaintiff, that the statements of fact made in the foregoing Complaint for Confession of Judgment for Money Under Rule 2951(b) are true and correct to the best of my knowledge, information and belief based upon the information and documentation provided by Plaintiff. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unswom falsification to authorities. Dated: March 18, 2004 COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW YELLOW BOOK USA, INC. Plaintiff VS. PATRICK FRYE i/t/a ALL STAR DJ CIVIL ACTION Defendant : CERTIEICATION OF ADDRESSES OF PARTIES I, Ronald Amato, attorney for Plaintiff, hereby certify that the last known address for the Plaintiff and Defendant are as follows: YELLOW BOOK USA, INC. 2560 Renaissance Blvd. KING OF PRSA,PA 19406 PATRICK FRYE i/t/a ALL STAR DJ 822 Lisburn Road CARLISLE PA 17013-9230 AMATO AND~RGLE, P.~ Ronald Amato, Atty ID #32323 Michael Kennedy, Atty ID #72412 Michael Lessa, Atty ID #88617 Attorneys for Plaintiff 107 North Commerce Way Bethlehem, PA 18017 (610) 866-0400 COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW YELLOW BOOK USA, INC. Plaintiff VS. PATRICK FRYE i/t/a ALL STAR DJ No. CIVIL ACTION Defendant NOTICE OF JUDGMENT To: PATRICK FRYE i/t/a ALL STAR DJ 822 Lisburn Road CARLISLE PA 17013-9230 Pursuant to Pa. R.C.P. No. 236, you are hereby notified that judgment by confession has been entered against you for $3,500.84 in the above captioned matter. A copy of all documents filed with the prothonotary in support of the within judgment are enclosed. Date: PROTHONOTARY - CUMBERLAND COUNTY Per: If you have any questions concerning the above, please contact the undersigned. AMATO AND ~RGLE, By: ~".~~ Ronald Amato, Atty ID #32323 Michael Kennedy, Atty ID #72412 Michael Lessa, Atty ID #88617 Attorneys for Plaintiff 107 North Commerce Way Bethlehem, PA 18017 (610) 866-0400 COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW YELLOW BOOK USA, INC. Plaintiff VS. PATRICK FRYE i/t/a ALL STAR DJ Defendant(s) No, CIVIL ACTION AFFIDAVIT OF NON-MILITARY SERVICE COMMONWEALTH OF PENNSYLVANIA: COUNTY OF NORTHAMPTON: The undersigned, being duly sworn, according to law, deposes and says that the Defendant(s) is/are not in the Military or Naval Service of the United States or its Allies, or otherwise within the provisions of the Soldiers and Sailor' Civil Relief Act of Congress of 1940 as amended; That Patrick Frye is over 18 years of age, resides at 822 Lisburn Road, CARLISLE PA 17013-9230 and is employed as All Star DJ. Sworn to and subscribed before me this '~- day of ~J~ 2004 A.D. NOTARIAL SEAL GEOFFREY G SCHOENECK Notary Public HANOVER TOWNSHIP, NORTHAMPTON CNtY My Commission Expires Mar 29, 2004 COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW YELLOW BOOK USA, INC. Plaintiff VS. PATRICK FRYE i/t/a ALL STAR DJ Defendant(s) No. CIVIL ACTION AFFIOAVIT COMMONWEALTH OF PENNSYLVANIA: COUNTY OF NORTHAMPTON: The undersigned hereby certifies that the attached Complaint for Confession of Judgment for Money Under Rule 2951(b) is not being entered against a natural person in connection with a consumer credit transaction. This action does not arise out of a retail installment sale, contract or account. The transaction upon which the judgment is being entered was a business transaction. Sworn to and subscribed before me this ~-~,day of ~ 2004 A.D. NOTARY%PUBLIC NOTAR~AL SEAL GEQFFREY G SCHOENECK Notary Public HANOVER TOWNSHIP, NORTHAMPTON ONTY My 0ommissi0n Expires May 29, 2084 INSTALLMENT JUDGMENT NOTE $3,982.46 Dated: FOR VALUE RECEIVED, PATRICK FRYE i/t/a ALL STAR DJ, hereafter referred to as "MAKER", promises to pay to the order of YELLOW BOOK USA, INC., hereafter referred to as "HOLDER", at the designated office of the HOLDER'S counsel being, Amato and Margle, P.C., Suite 100, 107 North Commerce Way, Bethlehem, PA 18017 the total sum of 93,982.46, lawful money of the United States of America. Holder agrees to accept a total of 92,200.00 in full satisfaction of this note if such is paid with an initial monthly payment of $440.00 on December 10, 2003 and subsequent monthly payments of $440.00 on the lOth day of each and every month thereafter until a total of $2,200.00 is paid in full. MAKER waives presentment and demand for payment, notice of nonpayment, protests, notice of protests, and declaration of acceleration of payment on failure to make any payment due under this Note; and MAKER also agrees that, upon default in the payment of any installment for more than fifteen (15) days from its respective due then $3,982.46, less any payments made, shall become immediately due, payable and collectible at the option of HOLDER without notice. In the event there is a default in the above payment terms under this note, MAKER does hereby empower any attorney, prothonotary or clerk of courts, of any court of record, at any time after maturity of this note, to appear in such court in term time or vacation, and with or without declaration file, confess judgment against MAKER in favor of the HOLDER, for $3,982.46, less any payments made. MAKER waives and release all errors, stays of execution and inquisition and extensions upon any levy real estate and condemnation is agreed to. Interest shall not accrue on this obligation unless there is a default under the terms of this note, in which case interest shall begin to accrue at the rate of 12% per annum on the unpaid principal balance. There shall be no penalty for prepayment of this obligation. Exemption of personal property from levy and sale on any execution hereon is also hereby expressly waived, and no benefit of exemption can be claimed under and by virtue of any exemption law now in force or which may be hereafter passed. WITNESS: SIGNATURE: PATRICK FRYE i/t/a ALL STAR DJ Patrick Frye IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION ~ LAW YELLOW BOOK USA, INC. Plaintiff VS. PATRICK FRYE i/t/a ALL STAR DJ Defendant(s) No. 04-1281 Civil CIVIL ACTION PRAECIPE TO SATISFY JUDGMENT TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please satisfy the judgment entered in the above-captioned case. Ronald Amato, Atty ID//32323 Michael Kennedy, Atty ID//72412 Michael Lessa, Atty ID//88617 Attorneys for Plaintiff 107 North Commerce Way Bethlehem, PA 18017 (610) 866-0400