HomeMy WebLinkAbout04-1467IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
COMMUNITY BANKS,
Plaintiff 04 _ MI.7 l?tu?C,??L!-•?
V.
SHERRY Y. RICHEY,
Defendant
CIVIL ACTION-LAW
Pursuant to the authority contained in the warrant of attorney, a copy of which is attached to
the Complaint as Exhibit "A" filed in this action, I appear for the Defendant and confess Judgment in
favor of the Plaintiff and against the Defendant as follows:
Amount Owed:
Interest:
Court Costs:
Attorney's Fees:
TOTAL:
GODF
$ 23,675.90
To be determined
To be determined
$ 1,183.75
$ 24,859.65 plus interest & court costs
By
Steven C. Courtney, Esquire
Attorney I.D. No. 74669
P.O. Box 6280
Harrisburg, PA 17112
(717) 540-3900
Document#:179050.1
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
COMMUNITY BANKS,
Plaintiff Q?l
V. l
SHERRY Y. RICHEY,
Defendant
CIVIL ACTION-LAW
COMPLAINT IN CONFESSION OF JUDGMENT FOR MONEY
AND NOW, this 3`d day of April, 2004, comes the Plaintiff, Community Banks, by and
through its attorneys, Steven Courtney, Esquire and states the following cause of action and in
support thereof, avers as follows:
Plaintiff, Community Banks, is a financial institution qualified to conduct
business in the Commonwealth of Pennsylvania with offices and/or a place of business situate at
100 East King Street, East Berlin, Adams County, Pennsylvania.
2. Defendant, Sherry Y. Ritchey, is an adult individual with a last known address of
4407 Clearview Drive, Camp Hill, Cumberland County, Pennsylvania 17011.
3. A true and correct copy of the instrument, Unlimited Continuing Guaranty, under
which Plaintiff is confessing judgment is attached hereto, incorporated herein and marked as
Exhibit "A".
4. The balance due pursuant to the terms and conditions as reflected on the
promissory note attached hereto as Exhibit "A" less payments made by Defendant, is
$24,859.65 plus court costs and interest.
5. The transaction pursuant to which Plaintiff is confessing judgment was for a
commercial/business purpose and was not a consumer credit transaction.
Document N: ]79050.[
6. The instrument and obligation under which judgment is being confessed has not
been assigned.
7. Defendant has defaulted on the obligation to Plaintiff by failing to pay all amounts
owed Plaintiff pursuant to the terms and conditions of the promissory note attached hereto as
Exhibit "A".
8. Judgment has not been entered against the Defendant in any jurisdiction for any
amount under the instrument.
9. Judgment is demanded as authorized by the warrant of attorney contained in the
instrument attached as Exhibit "A".
10. The warrant appearing in the attached instrument is less than twenty (20) years
old.
WHEREFORE, Plaintiff demands the entry of a Judgment against the Defendant,
Frank H, Felbaum, in the sum of $24,859.65, plus costs in this action.
GODFREY & COURTNEY
By
Steven ZCourtne
Attorney I.D. No. 74669
P.O. Box 6280
Harrisburg, PA 17112
(717) 540-3900
Document #: 179050.1
,.u?urruvr nor GMbtJ IIW6Uy1tlvl UAItu 6/1U/98 IN THE AMOUNT OF $150,000.00
UNLIMITED CONTINUING GUARANTY
<GUARANTOR :80RROWER
SKERRY Y RITCBBY Pam-Wild Publications Inc.
D/b/a/ Keystone Conservationist
ADDRESS '. 'ADDYI&49
6707 CLEARVIBN DRIVE 6707 North Clearvdaw Drive, Box 739
CAMP BILL, PA 17011 Camp Rill, PA 17011
Timati amSMe. mgMTnCAV10N NO, ':'rALgltmNg fm. ;mw n""OMra..:
(717) 730-0107 (717) 783-1639
1. CONSIDERATION. This Guaranty is bets executed to induce Lender, indicated above, to order into can or room leans or other firencial eccommode,iom
with or on behalf of Borower.
3. GUARANTY. Guarantor hereby unconditionally Vacant... the prompt and full payment and performance, and promises to pay all of Borrower's present
and mtute, joint and/or several, direct and indirect, absolute and contingent, exprami and implied, indebtedness, liabilities, obligetiorra and covenants
(cumulatively 4ndebtedness') to Lender when due (whether upon maturity or by demand, acceleration or otherwise). Outenntor'a lisbim;es and obligations
under this Gusnnty ('Obligatimm) shell be unlimited end hall include all present and hems wtintat grenreme boosted Borrower end Gender (whether
emoted for the ewe or cliff~ purposed Onto the foregoing), evidetwing the Indebtedness, together with all headed and all of Lender's exporters and
can, including but not limited to ..a ble accuracy's feet ammed in connection with the Indebtedness including any maendvnnts, serrations,
modifacntiore, amwale, aplacement, or abstuatimm dunew, including, but dot limited to, the fallowing Indebndeau:
INruuma PRBVcwA "OUNtf "DING/ NATUarrY Csbnrxnuut WAN
RATE '(iwwto&T A9lt t)&IM `: DATE NfMtOpt :: '.NUMpER
VARIABLE $160,000.00 10/79/98 10/79/99 56079810
3. SECURITY INTEREST.0 Iolm.l ed, the Obligations under this Guaranty arc secured by the collateral described in any security im mreent(s) executed
in connection with this Guaranty and any collateral described leery other memity imtmnnraw) securing this Guaranty re all of Guanrdor'e abltgatiw.
d. ABSOLUTE AND CONTINUINGNATVRE OF GUARANTY, Guarantor's Obligations en absolute and continuing and shell m be affected or impaired if
Lender repeatedly and unconditionally amends, a mews, extends, compromises, exchanges, foils to exercise or perfect rights in, impairs ce releases any
collateral or any of the indebtedness owed by any Borrower, Co-grenn ce cr thin any (even imalt impairs Grumman'. rights of abrogation) to Lender or
any of Lender's rights *gains any surnames, Co-guannter, third parry, or collateral. In addition, the Obligations shad! rout be affected or impaired by the
discharge (including but wt limited to any inability to collect a deficiency judgment agains) cloth, moompetsncy, Introduction, dissolution. insolvency,
balance cceeati.., or ether fimm)al deterioration of any surround, Guammer, or third perry or by any saw of facts or the happening from time to time of any
some, including with., Iimite6oa: The invalidity, irregularity, illegality re umrdomubiiity ' of, or any defeat i, the psomi ..y sets or eny. agreement re any
collateral wcmity for the Obligation (Ile 'Collanni); Any present or future mw or order of any government (de hum or do faces) or of any agency thereof
puryoning In reduce, amend or 'otherwise affect the IndebtMran of the Borrower or any other obligor car soy other alma of payment; The waiver.
compromise. sertleamnt, release or contribution of any or oil of the obligation, doveaw or agdwnwuw of the Borrower under the promlaaory we or any
agreement or of any party mined' as • GwmM under this Guaranty; The failure to give notice to the Gummed of the eecurnm of an seem of default
under the promissory role "any other agreemem: The load, when, sole, exeheugs, strands, or other dowse I. any Collateral: The repeated eatemion of
me time for payment of any principal of or became do the Indebtednn or of the Bna for perfomarcw of any obligations, c.erema or agneman,a under or
comes ., of the promixaory, nnew ce wry agreement or des ap mot extsneton ar the ..I of any theraot The m atific uion or commitment (whether
n tuoul or dhewiae) of any obligation, eourem or Smm w w, Each in the promissory me or any agreement; The wkine of, or the conscious to eke. my
of the actions seemed to in the promissory me or eny xpaement; Any Whoo, omiaaion or delay on the pad of the Lender to wthme, eeset or exercise any
right, power or remedy conferred on the Lender in the promissory ode or any agreement The voluntary or invoke mry liquidation, dissociation, ale or other
dupswition of all or subsatially ell the assets, marshalling of crate and lubdities, acalvarsrip, insolvemy, beaknryny, assignment for the benefit of
creditors, reorganization. management. composition with creditma or medjustrmn of, or other smiler proceedings affecting the Gwranmr or the Borrower or
any of their state, or any allegation or comas of the validity of the promissory now or any agreement; The default or failure of the Guarantee to fully perm
any Obligations set fond I. this Guaranty, Any event or action that would, in the absence of Ws paragraph, malt in the aAaw or discharge of the Gum mor
from the perfowmnce or obaaame of any Obligation, c.., or agreement comeimd I. this Guaranty; and, Any timer circumstances which might
otherwise cone(itan • legal or equitable discharge or defense of a ocady or a guan s.e.
5: DIRECTAND ONCONDITIONAWATURE OF GUARANTY. GUwmn's Obligations ea direct and unconditional and may be enhanced without requiring
Lender In e..mue, enforce. or esaus any right re amedy gains day Borrower, Co-gamder, third pony, or any, security re C.H.wal.
6. WAIVER. Guarantor hereby waives Mice of the eecepuma of this Guaranty; mice of pram snd future extensions of credi, and other financial
secoromodsiore by Leader to any Borower. Mice of the obtaining or nleew of any gueramy, awigmnent, or other security for any of the Indeb,edmsep
Mice of presentment for payment, demand. proles, discuM, default, and aousaymem promm, to the hdemedessa and this Guaranty end all other
micee and demands penwiniirg to the indebtedness and this Geanncy; and, any and all defenses to payment as pemdtnd by law.
1. NATURE OF GUARANTY. This Gummy I. a guaranty of payment and red of collection, end me Gwnmre hereby .elves the night 1. aquin, tea any
action be brought fire agains the Borrower or any, other Guarantor, or any wooly or the Collateral, or to require ma, used be made to any security or the
Collateral re bury bounce of any deposit ecem nt or credit on me broke of the Lender in favor of the Borrower re of arty Guanaxer.
L EVENTSOF DEFAULT. An Event of Default Yxll occur under this Gummy in the went That any Gmndm:
(a) bile to pay any amount under this Guaranty or any Obligation to Lender when due (whether tech amount is due at maturity by acceleration or
otherwise);
(b) fa to perform -try ab]I in. or baachea any waaamy or covenant to Under remained u any loan documea as this Guaranty re my other law pmwm or Polaw promissory now a'.rims agaemem;
(c) provide or uuses any false re midadis "M. . aeprtaematiore b be provided to lender,
j (d) .lie, conveyy or tnnefen niglrn In any Cduknl aauris th is GmnmY wire., We wdnen wpproval of Leader, desroya, low. or damages such
` Collatsral in mY reset<rid roxpwt, or ecn rah Colbani to aware or. Ran on:
(e) hoe • gamiahment, judgment, lax Irvy, wnahnwd or flan sdanad or carved wpind'any Ouwdor, or any of reels PeuMsY:
(0 dies, becomes upily incompe,em, is diawlved or brodmled, ceases w opens in badness; beeomea kaolvan.?".sakes m migmmeN for the
bsmfit of caedibn, or beeomsa the abject o(aq baNmpcy, imolvarcy or debtor Mrebifitstion proceedis:
(g) fail. to provide lend or or Me
IN of sstiafaelory fimnclal danditlem; or
maws f to deem itself insecure due w • aigndfinnt decfim in theal
vue of any collmnd wcuris this Gene y, or [ender in good faith,
believes the prospafmfic mpe d onnaaaadimpaiM. ?.. e.yJ
9. RIGH75 OF LENDFAON EVENTOF DEFAULT. Iftham is an Event ofDefolt under this GalamY. Lender dull ti4 emiUnd to exesche
one or more of the
following aamdhe w)thwt Mks sex demand (except as requited by law):
(a) to declare Generator's Obligation under this Guaranty immediately due and payable in full, such acceleration shall be automatic and immediate if
the Owed of Default is a filing under the Bankruptcy Code;
(b) In collect the wWndis obligniom under this Gan r, with or with., maturing to judicial poorest;
(c) to wine pea ession of any Collateral in any teener permitted by law:
(d) to mr1n, Gmnm. to deliver and make available to Larder any Collateral at a yylwo assembly c.vemem to Gmnmre and Lender;
(e) to seI , Iem or othawin diaper of any Collateral and collect any deficiency It we with or without moort wjudicul process;
(0 to a4oD Ovenmor's Obligations under mix Guaranty against any anouupts due to Guarantor Including, but ,rot linseed to. monies, instruments, and
deposit seem= maintained with Lender, and
VPAm Ulde H. lYNd Ca (INDA) 011109313M
R) to exemise ell other rights available to Unde my other wriuen.egrcemenl or epplicabh law.
Lender's ight, arc Cumulative sad may be e.A..N qmh.,. or eepsrately, od in any other. Under', :dies under this paragraph arc in addition to
,how availehl. M common law, including, but rim limited to the right to setoff.
10. SUBORDINATION. The payment crony present or future iadebtednew of Burrower to Guarantor willW postponed and .ubordmated to the payment it
t
full of any present or future hdebu l..,. of Borrower to Lender during the term of this Gu.ramy. In the event that Gorton, receives any munies.
instruments. or other rcnninsnce. to W .,plied agsimt Borrower's obligations to Guannlor, GuanMor will hold thew funds in had for Lender and
immediately erduna or..sign fifneccon y) end deliver thew monies, instnmeMx and other remilimo es to Lender. Guarantor agree, that Lender shell he
prcrerred to Guarantor in any assignment for the benefit or Borrower's creditors in any bankruptcy. insolvency, liquidation, or reorganization pna:cedint
...ad by or against Borrower in any fedenl or stale court.
11. INDEPENDENT INVESTIGATION. Guarantor's execution and delivery to Lender of this Guaranty is based solely upon Guarantor's iadcpendem
investigation of Borrower's firwnciel condition and not upon any written or oral representation of Lender in any manner. Guarantor assumes roil wapunxibitlty
fur .binning say additional infsonvol on se,mding B ormix r'a financial condition sad Lender shell not W required ,o furnish Guarantor with say inlbamstion .1
Any kind regarding B...r'A financial condition.
12. ACCEPTANCE OF RISKS. Gumnlor Acknowledge. the ebaulum and continuing nature of this Guaranty and voluntarily accepts the full range of risks
.,.Wad herewith including, but not limited to. the risk that Burzower'a finamad condition shall deteriorate or, if this Guaranty is unlimited, the risk that
Bumswer shell imur additional Indebtedness to Lender in she future
13. SUBROGATION. Guarantor hereby imevmably waives end releases the Borrower from all "claims (as defined in Section 101(3) of the Bankruptcy Code)
to which Guarantor is or would, at any time. he entitled by vinuc of its obligati... under this Guaranty, including, without limitation. sny right of auhrnm,ma
(whether cotirra d, units, S,clk m 509 ofthe Bankruptcy Cade or otherwise). mini uraement, scntribuhon. exoneration or similar right against the Burrower.
any co-guann or, any third party or any Collateral.
Id. APPLICATIONOF PAYMENTS. Lender will be entitled in ap,)y any payments or other monies received from Harrower, any third party. or any collateral
against Borrower's present and Aware indebtedness to Lender in any coder.
15. TERMINATION. This Guaranty shell remain in PoII force and effect until Lender executes and delivers to Guarantor s written release ,hereof.
Notwithstanding the foregoing. Guarantor .Anil he entitled to terminate any unlimited gummy of Burrower', fuwrc IM,btedn..N to Landar following say
anniversary or this Guaranty by providing Lender with sixty (60) or more days' wrawn .mice of such mrminstion by WMA.livnry or cenilied meiL Notice
.hall he deemed given when received by Leader. Such notice of termination shell ne affect or impair any of the agreements end Obligations of the
Guanmur under this Guaranty with respect to any indebtedness existing prior to the time of actual receipt of such notice by Lender, any extensions,
mudilhatium, manx ems. isplacemem. or renewal. IhAreof. end my interest on any urns. foregoing.
16. ASSIGNMENT. Guarantor agrees not to Anita any of Guarantor's rights or Obligations described in this Guaranty without Lender's prior written consent
which c...cut may be withheld by Leader in its ,its di cdaian. Guarantor agrees that Leader ix entitled to assign some or all or its right end remedies
described in ibis Guaranty without notice to or the prior consent ofouatamor in any manner. Unless the Lender shall otherwise consent in writingg, the Lender
shall have on unimpaired right, prior and superior to than of say Msi,am, no at... this Guaranty for the benefiS of the Lender, ss to thus. Obligetiom than
the Lender he. rim asaigmd.
17. MODIFICATIONAND WAIVER.Tha mudi6oaliun or wsiver or any of Gmmmm's Obligations or Lender's right. under this Guaranty must be contained in
a writing signed by Lender. Leader may delay in exercising or failing to examine any of its rights without causing A waiver of those rights. A waiver on one
occasion Auall not constitute a waiver on any other occasion.
18. SUCCESSORS AND ASSIGNS. This Guaranty shell be binding area and more to the benefl or Guarantor and Lander and their respective suc.enars.
assigns. trustees, receivers, administrator., personal representatives. legatee., and deviate.
19. NOTICE. Any entice a usher communication I. be provided under This Guaranty dull W in writing and sent to the panics at the addresses described in
this Guennty or such other addressee as the panics may dcaignis. in writing from tune to time.
20. SEVF.RABI LITY. Irony provision of thi. Guaranty is invalid, illegal or unenfameable, the validity, legality, and enforceability of the remaining provisions
.hell nut in any we, be effected or impsircd thereby.
21. APPLICABLELAW. This Guaranty shall he governed by the laws of the note indicated in Und.r's address. Union applicable law provides otherwise.
Gusrantur eonseme to the jurisdiction and venue of say ,,no located in such NASA elected by Lender. in its discretion, in the event of any legal pmcecding
under this Guaranty.
22. COLLECTIONCOSTS. To the extant permitted by law. Guanmur agrees to pay Under's reasonable fees And co is, including, but nun limited to. an
.tomey'. commiushm or5%of the total amount Shen due, fees and costs of Attorneys and other .gent. (including without limitation paroleggale, clerks end
consultants) whether or not any attorney or agent is an employee of Leader. which arc incurred by Lender in collectingg .ray amount due or an timing any right
remedy under mi. Guanmy. including. but not limited to. all fees and costa incurred on appeal, in bankrupley, for port-judgment collection actions. and
whether or nn suit is brought.
23. REPRESENTATIONS OF GUARANTOR. Guarantor erk.kd,m. nccipn of reaaon.bly equivalent value in mmidemitm Ibr the execution of this
Goeranly and reprewats that, a0cr giving effect to this Guanmy, the fair market value of Guarantor's assets exceeds Ouanmur'a total liabilities. including
comingem, subordinate and unliquidated liabilities. that Guarantor has sufficient cash flow to meet dells as they motors, and that Guarantor does not have
unreesonebly .mall capital. GuanM., represent. that dl required director and shareholder contents to Arms, into this Guaranty Worn Wen obtained.
24. MISCELLANEOUS. Gum,aam sad Leader agree that time is of the eewnce. Guarantor will provide Lender with current frnamial statements end other
financial inform.tion upon request. All references to Guarantor in this Guaranty shell include all Mines or perw,A signing this Guaranty. If there is mnrc
than one Guarantor. their obligations under this Guaranty shah he joins and "von). This Guaranty rcprcwnta the complete sad integrated undemanding
between Guarantor and Lender regarding the terms hamof.
25. WAIVEROF JURY TRIAL. LENDER AND GUARANTOR HEREBY WAIVEANY RIGHTTO A TRIALBVJURY IN ANYCIVIACTIONARISING OUT OF,
OR BASED UPON, THIS GUARANTY.
26. ADDITIONAL TERMS:
WARNING: READ BEFORE SIGNING" YOU ARE WAIVING IMPORTANT RIGHTS
IF VIIWKED, AS A MATERIAUNDUC'EMENTM LENDER TO MAKETHE WAN(S) OR OTHER FINANCIAIACCOMMODA710N(S)TO BORROWER GUARANTEDBY THIS
MR GNAMNMR IN ANY AMON BROUGHT BY LENDER AFTER AN EVENT OF
(WST OF SUIT. AND ATTORNEY FEES, FOO INER MIN oil kRFSI ON AN T I.WMEN1, AT INE RAT is OF IN tYNFSI iPlaltlb. IN IHC WAN IAX...NI) AYIY..
DEFAULT, FROM THE ENTRY OF SUCH EMOMENT UNIILTHE FULL AMOUNT DUE LENDER IS ACH ALLYRWEIVED. THIS OUARANTY.OR A COPY VITURED BY
AFNDAVIT.WILLBE A SUFFICIENT WARRANT. WE AUMOWTYGRANTEDHERDN MAYBE EXERCISED AS NEEDED FROM TIME TO TIME. AS OFTEN AS NISTSSARY.
UNTIL RE(-FIPT OF PAYMENT IN PULL OF ALL SUMS DUE LENDER.
(:UAMNIURXNfIMNOLYJNTEN?ONACLYAND VOLUNTARILYAFTER CONSULTATION WIN INDEPENDENT COUNSEL UNC'ONVIDONALLWVA)VES ANY ANDALLRIGHT.x
M DUE PRCE'FSS GUARANTOR HAS OR MAYHAVEUNDER THE C'ONSTTUTONS ANDIAWS OF THE UNITEDSTATES ANDOF THE COMMONIN ALMOF PENNSYLVANIA
EXCEPT THE RIGHT M ANY NOTICE ANWOR HEARING REQUIRED UNDER APPLICABLE LAW WTH RESPECT IO ME EXECUTION OF ANY CONFESSED MWMENT.
GUARANTOR FURTHER UNDERSTANDS THAT UPON GUARAMR'S DEFAULT AND CONVERSION OF JUDGMENT, THIS WAVIER ALLOWS LENDER To IMMEDIATELY
EXECUTE UPON AND SEIZE AND SELL ANY OF OUARANMR'S PROPERTY WITHOUT PRIOR NOTICE OR OPPORMNITY FOR HEARING. EXCEPT ANY NOTC'E ANDIOR
HEARING REQUIRED UNDER APPLICABLE L ,MV WITH RESPECT TO THE EXWU71ON OF THE CONFESSED NW MENT. IN ORDER TO SATSFY OR SECURE ALL SUMS DUE.
GUARANTOR ACKNOWLEDGES THATGUARANTORHAS READ. UNDERSTANDS, AND AGREES TO THE TERMS AND CONDITIONS OF THIS GUARANTY
INCLUDINGTHE TERMS AND CONDITIONS ON THE REVERSE SIDE. GUARANTORHAS EXECUTEDTHIS GUARANTYWITHTHE INTENTTO BE LEGALLY
BOUND NOTWITHSTANDINGANY FAILUREDY ANYOTHER PERSON TO SIGN THIS GUARANTY. GUARANTORACKNOWLEDGErS RECEIPT OF AN EXACT
COPY OF THIS GUARANTY.
IN WITNESS WHEREOF, the undersigned he./have caused this imartma m to he executed A. A sealed ins mmn;. 11 29thday ufOCtObsr,_ 1998
0 SHH RRYYRITCHHYOUAMNTUR:
(Seel)
RY TCHHY -- --- --'--"---
GOARANTOR: GUARANTOR:
(Seal) (Seat)
I.PPa3m8 i LM tl. Norlvd l'm n!r!M9.r iM4 vPJNY
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
COMMUNITY BANKS,
Plaintiff
V.
SHERRY Y. RICHEY, CIVIL ACTION-LAW
Defendant
CERTIFICATE OF SERVICE
I, Steven C. Courtney, Esquire, hereby certify that I serv y of the notice of judgment and
executionrequired by rule 2958.1 on the defendants on 2004 via first class
mail.
Sherry Y. Ritchey
4707 Clearview Drive
Camp Hill, PA 17011
GODFREY &
By
Steven C. Co ney,
Attorney I.D. o. 74669
P.O. Box 628
Harrisburg, PA 17112
(717) 540-3900
Document#:179050.1
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
COMMUNITY BANKS,
Plaintiff
v.
6,1-) qG, cwiI
SHERRY Y. RICHEY, CIVIL ACTION-LAW
Defendant
CERTIFICATE OF SERVICE
I, Steven C. Courtney, Esquire, hereby certify that I served a copy of the
foregoing Notice of Judgment and Execution Pursuant to Rule 2958.1 on the Defendant
on April 7, 2004 as evidenced by attached letters and Notices.
Sherry Y. Ritchey
4707 Clearview Drive
Camp Hill, PA 17011
GC
By
Ste
Attorney I.D. No. 74669
P.O. Box 6280
Harrisburg, PA 17112
(717) 540-3900
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
COMMUNITY BANKS, 04-1467 Civil term
Plaintiff
V.
SHERRY Y. RICHEY, CIVIL ACTION-LAW
Defendant
NOTICE OF JUDGMENT AND EXECUTION
REQUIRED BY RULE 2958.1
NOTICE OF DEFENDANT'S RIGHTS
A Judgment in the amount of $24,859.65, plus interest and costs, 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 upon 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 Al, TER 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 OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET
FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP: j
Cumberland County Bar
2 Liberty Avenue
Carlisle, PA 1701:
(717) 249-31V
By:
Steven C. Courtney, Esquire
2215 Forest Hills Drive, Suite 36
Box 6280
Harrisburg, PA 17112
Phone: I"717) 540-3900
I.D. No. 74669
Doatment H: 231563.1
7 April 2004
VIA CERTIFIED AND REGULAR MAIL
Sherry Y. Ritchey
4707 Clearview Drive
Camp Hill, PA 17011
Re: : Community Banks v Richey
Docket No. 04-1467
Dear Ms. Richey:
Enclosed herein please find a copy of the Notice relative to the above referenced matter.
Please contact myself with any questions or concerns.
Very truly yours,
GODFREY & COURTNEY
Steven C. Courtney
SCClae
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cartifi Fee
Postmark
Return Receipt ee Here
(Endorsement Required)
Restricted Delivery Fee
(cndorsa-,t Rec=
Total Postage & Fees
Main Office:
2215 Forest Hills Drive
Suite 36
P.O. Box 6280
Harrisburg, PA17112-0280
telephone 717-540-3906
fax 717-540-355:
Satellite Office:
50 East High Stree
Suite 20
Carlisle, P,11701
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
COMMUNITY BANKS,
Plaintiff
Docket No. 04-1467
V.
SHERRY Y. RITCHEY, CIVIL ACTION-LAW
Defendant
PRAECIPE TO AMEND CAPTION AND WHEREFORE CLAUSE
TO THE PROTHONOTARY:
Please amend the caption in the above referenced matter. The correct spelling of the
Defendant's name is Sherry Y. Ritchey, not Sherry Y. Richey. Furthermore, please
amend the wherefore clause to included the name of Sherry Y. Ritchey, not Frank H.
Felbaum as the Defendant.
GODFREY &
By
Steven C. Co
Attorney I.
P.O. Box 628
Harrisburg, PA 17112
(717) 540-3900
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REBEKAH SEAUX IN THE COURT OF COMMON PLEAS OF
PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA
V.
JASON SEAUX
DEFENDANT
2004-1476 CIVIL ACTION LAW
. IN CUSTODY
ORDER OF COURT
AND NOW, Friday, January 25, 2008 , upon consideration of the attached Complaint,
it is hereby directed that parties and their respective counsel appear before Dawn S. Sunday, Esq. , the conciliator,
at 39 West Main Street, Mechanicsburg, PA 17055 on Tuesday, February 12, 2008 at 10:30 AM
for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or
if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary
order. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order.
The court hereby directs the parties to furnish any and all existing Protection from Abuse orders,
Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing.
FOR THE COURT.
By: /s/ Dawn S. Sunda Es . 4-
Custody Conciliator
The Court of Common Pleas of Cumberland County is required by law to comply with the Americans
with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations
available to disabled individuals having business before the court, please contact our office. All arrangements
must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled
conference or hearing.
YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT
HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET
FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
Cumberland County Bar Association
32 South Bedford Street
Carlisle, Pennsylvania 17013
Telephone (717) 249-3166
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REBEKAH SEAUX
Plaintiff
vs.
JASON SEAUX
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
2004-1476
CIVIL ACTION LAW
IN CUSTODY
ORDER OF COURT
AND NOW, this /& ` day of 2008, upon
consideration of the attached Custody Conciliation Report, it is ordered and directed as follows:
1. All prior Orders are vacated and replaced with this Order.
2. The Mother, Rebekah Seaux, and the Father, Jason Seaux, shall have shared legal custody of
Briana Leigh Seaux, born December 8, 1999. Major decisions concerning the Child including, but not
necessarily limited to, her health, welfare, education, religious training and upbringing shall be made
jointly by the parties after discussion and consultation with a view toward obtaining and following a
harmonious policy in the Child's best interest. Neither party shall impair the other party's rights to
shared legal custody of the Child. Neither party shall attempt to alienate the affections of the Child
from the other party. Each party shall notify the other of any activity or circumstance concerning the
Child that could reasonably be expected to be of concern to the other. Day to day decisions shall be
the responsibility of the parent then having physical custody. With regard to any emergency decisions
which must be made, the parent having physical custody of the Child at the time of the emergency
shall be permitted to make any immediate decisions necessitated thereby. However, that parent shall
inform the other of the emergency and consult with him or her as soon as possible. In accordance with
23 Pa.C.S.A. §5309, each party shall be entitled to complete and full information from any doctor,
dentist, teacher, professional or authority and to have copies of any reports or information given to
either party as a parent as authorized by statute.
3. The parties shall have physical custody of the Child in accordance with the following
schedule:
A. During the school year, the Father shall have primary physical custody of the Child
and the Mother shall have partial custody on alternating weekends from Saturday at 9:00 a.m. through
Sunday at 4:00 p.m., beginning September 13, 2008. Unless otherwise agreed between the parties, the
Mother's weekend periods of custody shall take place in Pennsylvania.
B. During the summer school break, the Mother shall have primary physical custody of
the Child and the Father shall have custody on his continuing alternating weekends, for which the
A
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Mother shall transport the Child to Pennsylvania. This provision is contingent upon the Mother
maintaining a daytime work schedule.
C. The summer custody schedule shall begin with the Mother having custody on her
first regularly scheduled alternating weekend after the last day of school, and the school year custody
schedule shall begin with the Father having custody one (1) full week before the school year resumes.
4. The parties shall share or alternate having custody of the Child on holidays as follows:
A. Thanksgiving: In even-numbered years, the Mother shall have custody of the Child
from Wednesday evening at a time to be arranged by agreement through Sunday at 4:00 p.m. Unless
otherwise agreed between the parties, the Mother shall exercise her period of holiday custody over
Thanksgiving in Pennsylvania or in Virginia with the Mother's family. In odd-numbered years, the
Father shall have custody of the Child for the entire Thanksgiving holiday school break. In the event
the Mother's alternating weekend period of custody falls on the Father's Thanksgiving holiday, the
parties shall reschedule a make-up weekend period of custody for the Mother.
B. Christmas: In even-numbered years, the Father shall have custody of the Child from
the last day of school before the Christmas break through December 27, and the Mother shall have
custody from December 27 for one (1) full week, which for the 2008 Christmas holiday would run
through January 3, 2009. In odd-numbered years, the Mother shall have custody of the Child for a full
week at the beginning of the Christmas holiday school break, to include Christmas Eve and Christmas
Day and the Father shall have the remainder of the Child's holiday break from school. The parties
shall cooperate in scheduling the specific dates and times for exchanges of custody for the Christmas
holiday on an ongoing basis to ensure that the Mother has one (1) full week, alternating between the
beginning and the end of the holiday break each year.
C. Easter: In even-numbered years, the Father shall have custody of the Child for the
entire Easter break from school and in odd-numbered years, the Mother shall have custody of the Child
for the entire Easter holiday break from school. In the event the Mother misses a period of alternating
weekend custody which falls on the Father's Easter holiday period of custody, the parties shall
cooperate in scheduling a make-up weekend for the Mother.
D. Spring Break: In the event the Child has a spring recess from school separate from
the Easter holiday break, the Mother shall have custody of the Child for the spring recess in every year.
E. The holiday custody schedule shall supersede and take precedence over the regular
custody schedule.
5. The parties shall cooperate in making arrangements by agreement for the Child's care
during the summer when the Mother is working.
6. The Mother shall not leave the Child alone in the care of Matthew Renner.
7. Within one (1) week of the date of the custody conciliation conference, the Father shall
provide the Mother with the school calendar for the 2008-2009 school year. The Father shall ensure
that the Mother is provided with copies of all school documents, including report cards or other
notices/information regarding the Child's progress, notices of conferences and special events, school
pictures and any other significant information pertaining to the Child's development and academic
progress. The Father shall either ensure that the school is providing the foregoing information directly
to the Mother or, if not, the Father shall provide the information to the Mother.
8. Neither party shall do or say anything which may estrange the Child from the other parent,
injure the opinion of the Child as to the other parent, or hamper the free and natural development of the
Child's love and respect for the other parent. Both parties shall ensure that third parties having contact
with the Child comply with this provision.
9. This Order is entered pursuant to an agreement of the parties at a custody conciliation
conference. The parties may modify the provisions of this Order by mutual consent. In the absence of
mutual consent, the terms of this Order shall control.
BY THE COURT,
11,14
Kevin. Hess J.
cc: Z.-, ekah Seaux -
Mother
Jason Seaux - Father
•
REBEKAH SEAUX
Plaintiff
VS.
JASON SEAUX
Defendant
Prior Judge: Kevin A. Hess
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
2004-1476 CIVIL ACTION LAW
IN CUSTODY
CUSTODY CONCILIATION SUMMARY REPORT
IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL
PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report:
1. The pertinent information concerning the Child who is the subject of this litigation is as
follows:
NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF
Briana Leigh Seaux December 8, 1999 Father
2. A custody conciliation conference was held on September 8, 2008, with the following
individuals in attendance: the Father, Jason Seaux. The Mother, Rebekah Seaux, resides in North
Carolina and participated in the conference by telephone. Neither party was represented by counsel in
this matter.
3. The parties agreed to entry of an Order in the form as attached.
?19aaDe
Date Dawn S. Sunday, Esquire
Custody Conciliator