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HomeMy WebLinkAbout09-0749v ANGEL P. OLIVA, V, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA ALBERTO D. MOLINA, Defendant NO. 2009- `7 ! CIVIL TERM CIVIL ACTION-LAW NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by an attorney and filing in writing with the court, your defenses or objections to the claims set forth against you. You are warned that if you fail to do so, the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. 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. 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 (717) 249-3166 ANGEL P. OLIVA, V. IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA ALBERTO D. MOLINA, Defendant NO. 2009- 7 `? 9 CIVIL TERM CIVIL ACTION-LAW COMPLAINT NOW, comes Plaintiff, Angel P. Oliva, by and through his attorneys, O'BRIEN, BARIC & SCHERER, and files the within Complaint and, in support thereof, sets forth the following: 1. Plaintiff, Angel P. Oliva, is an adult individual with a residence address of 34 Teaberry Drive, Carlisle, Cumberland County, Pennsylvania 17013. 2. Defendant, Alberto D. Molina, is an adult individual with a business address of 510 South State Road, Marysville, Perry County, Pennsylvania 17053. 3. On or about August 27, 2008, Plaintiff loaned the sum of $10,000.00 to Defendant. 4. In connection with that loan, Defendant executed and delivered over to Plaintiff that same day a Judgment Note. A true and correct copy of the Judgment Note ("Note") is attached hereto as Exhibit "A" and is incorporated by reference. 5. The Note required Defendant to make repayment on the amount loaned to him. 6. As of the date of filing of this Complaint, Defendant has failed to repay the loan. 7. Demand has been made upon Defendant to pay the amount due and owing. 8. The Judgment Note provides for the recovery of attorney fees of 15% of the principal debt due and costs paid by Plaintiff in connection with the collection of the amount due and owing. COUNT I- BREACH OF CONTRACT ANGEL P. OLIVA v. ALBERTO D. MOLINA 9. Plaintiff incorporates by reference paragraphs one through eight as though set forth at length. 10. Defendant has breached the terms of the Judgment Note by failing and refusing to make payment due in accordance with the Judgment Note. 11. All conditions precedent to recovery have been fulfilled. WHEREFORE, Plaintiff, Angel P. Oliva requests that judgment be entered in his favor and against Defendant, Alberto D. Molina in the amount of $10,000.00 plus costs and expenses and attorney fees. Respectfully submitted, 40'BRIEN, BARa&S ERER David A. Baric, Esquire I.D. 44853 19 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 Attorney for Plaintiff dab.dir/litigation/oliva/molina/complaint. pld VERIFICATION The statements in the foregoing Complaint are based upon information which has been assembled by my attorney in this litigation. The language of the statements is not my own. I have read the statements; and to the extent that they are based upon information which I have given to my counsel, they are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsifications to authorities. g 6 Date: Angel P. O iva JUDGMENT NOTE 10 000.00 Carlisle, PA 2008 I, Alberto D. Molina, promise to pay to Angel P. Oliva or its assigns, Ten thousand 10 000 Dollars without defalcation, with interest @ 0% compounded, value received. And further, I/we do hereby authorize and empower the Prothonotary or any Attorney of any Court of Record of Pennsylvania or elsewhere to appear for and enter judgment against me/us for the above sum, with or without declaration, with costs of suit, release of errors, without stay of execution, and with 15 per cent added for collection fees; and I/we hereby agree not to make any motion or any application whatsoever to any Court for an inquisition on any real estate that may be levied upon to collect the aforesaid sum, and I/we voluntarily condemn same, and authorize the Prothonotary to enter said voluntary condemnation upon the Writ of Execution. I/we further agree that any property, real, personal or mixed may be sold through a Writ of Execution and further hereby waive and release all relief from any and all appraisements, stay or exemption laws of any State now in force or which are passed hereafter. WAIVER IN EXECUTING THIS NOTE, I/WE UNDERSTAND THE TRANSACTION, AND KNOWINGLY AND VOLUNTARILY WAIVE MY/OUR RIGHTS TO CONTEST THE ENTRY OF THIS JUDGMENT AGAINST MENUS IN COURT, AND DO HEREBY CONSENT TO THE ENTRY OF THIS JUDGMENT BY CONFESSION. Witness my/our hand and seal the day and year first above written. Signed, Sealed and Delivered in Presence of (SEAL) (SEAL) Alb olina (SEAL) (SEAL) ((?? Im?>1 I.w -tom o ?.U( e-, CoMMONwEA N OF PENNSYLVANIA ?- NOl'NRIAL SEAL DIANE R. ENSMINMR, Notary Pubw c f? Camp Hill 80'ro. Cumberluid Counry My Commissim Expires ,Ivy 22, ?pOJ r r-- Pagel of 2 EXHIBIT "An r-? N C) rrj mi ' V l ? co -< V D(j), li? SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2009-00749 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND OLIVA ANGEL P VS MOLINA ALBERTO D R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT , to wit: MOLINA ALBERTO D but was unable to locate Him deputized the sheriff of PERRY serve the within COMPLAINT & NOTICE County, Pennsylvania, to On February 23rd , 2009 , this office was in receipt of the attached return from PERRY Sheriff's Costs: So answe Docketing 18.00 __--- /?- Out of County 9.00 Surcharge 10.00 R. Thomas Kline DEP PERRY CO 41.00 Sheriff of Cumberland County .00 78.00 02/23/2009 O'BRIEN, BARIC & SCHEARER Sworn and subscribe to before me this day of in his bailiwick. He therefore A. D. ?r h n ` L ? ? , L, I u ? ? . ;? ? ? ?) 'a ? t ?? ??? ?r??4 /?? ?.g - ,, ? _i - .?. SHERIFF'S RETURN In the Court of Common Pleas Of the 41st Judicial District of Pennsylvania- Perry County Branch No. 2009-749 Cumberland Co. Angel P. Oliva VS Alberto D. Molina 510 South State Road Marysville, PA 17053 Carl E. Nace, Sheriff, who being duly sworn according to law, says that he made a diligent search and inquiry for the within named Defendant(s) to wit Alberto D. Molina, but was unable to locate him/her in his bailiwick. He therefore returns the within Notice and Complaint for the above named Defendant(s) Alberto D. Molina at 510 South State Road, Marysville, PA 17053. NOT FOUND. BUSINESS AT ABOVE ADDRESS OUT OF BUSINESS. Sincerely, Sworn and subscribe to before me this / 74Nay of 2009. COMMONWEALTH OF PENNSYLVANIA MARMET F. womw L ?, N4td?? Ptd* on Feb. 81 ,2012 Carl E. Nace Sheriff of Perry County of ?untbPrt??t R. THOMAS KLINE Sheriff EDWARD L. SCHORPP Solicitor OFFICE OF THE SHERIFF One Courthouse Square Carlisle, Pennsylvania 17013 RONNY R. ANDERSON Chief Deputy JODY S. SMITH Real Estate Sergeant February 12, 2009 TO: Hon. Carl Nace Perry Co Sheriffs Ofc PO Box 6, Courthouse New Bloomfield, PA 17068 Dear Sir: RE: Angel P. Oliva VS Alberto D. Molina Writ No. 2009-749 Civil Complaint and Notice Enclosed please find Notice and Complaint to be served upon Alberto D. Molina at 510 South State Road, Marysville, PA 17053. Please serve on or before March 13, 2009. Thank-you Kindly make service thereof and send us your return of service. Enclosed is the advance payment which you requested. Very truly yours, R. Thomas Kline, Sheriff Cumberland County, Pennsylvania Enclosures: 30W O S.33 83HS 10 :11 Nd L l 83J60 In The Court of Common Pleas of Cumberland County, Pennsylvania Angel P. Oliva Alberto D. Molina 510 South State Road Marysville, PA 17053 VS. Civil No. 2009-749 Now, February 12, 2009, I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of Perry County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. Sheriff of Cumberland County, PA Affidavit of Service Now, , 20 , at o'clock M, served the within upon at by handing to a copy of the original and made known to the contents thereof. So answers, Sheriff of County, PA COSTS Sworn and subscribed before SERVICE $ me this day of ,20_ MILEAGE AFFIDAVIT Sheriff s Office of Cumberland County R Thomas Kline e of Cnmbt'r Edward L Schorpp Sheriff c 14 Solicitor 1$1 RAnderson Jody S Smith 4-Ronny Chief Deputy OFfCE OF THE S RIFF Civil Process Sergeant SHERIFF'S RETURN OF SERVICE 03/17/2009 06:15 PM - Noah Cline, Deputy Sheriff, who being duly swom according to law, states that on March 17, 2009 at 1815 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Alberto D. Molina, by making known unto Alberto D. Molina personally, at 165 York Road, Carlisle, Cumberland County, Pennsylvania its contents and at the same time handing to him personally the said true and correct copy of the same. SHERIFF COST: $32.92 (PAID) March 18, 2009 2009-749 Angel P. Olivia VS Alberto D. Molina SO ANSWERS, R THOMAS KLINE, SHERIFF By. ` Deputy Sheriff ?; ?, ? ??_ :. .? --- ?. ,?, 3__ L.. ro ,... `= ? . ? ; in `? ? w i ? ` .?- ? ? ? ANGEL P. OLIVA, V. IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA NO. 2009- 749 CIVIL TERM ALBERTO D. MOLINA, Defendant CIVIL ACTION-LAW PRAECIPE TO ENTER DEFAULT JUDGMENT PURSUANT TO Pa.R.C.P. 1037 TO THE PROTHONOTARY: Please enter judgment in favor of the Plaintiff, Angel P. Oliva and against the Defendant, Alberto D. Molina, for failure to file an answer to the Complaint of Plaintiff. A true and correct copy of the Notice of Default is appended hereto as Exhibit "A." A true and correct copy of the Certificate of Mailing for the Notice of Default is appended hereto as Exhibit "B." I certify that the Notice of Default was given in accordance with Pa.R.C.P. 237.1. Plaintiff requests judgment in the amount of $10,000.00 as set forth in the Complaint together with attorney fees of $341.25 for a total of $10,341.25. Respectfully submitted, '& ERER David A. Baric, Esquire I.D. # 44853 19 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 ANGEL P. OLIVA, V. Plaintiff ALBERTO D. MOLINA, Defendant TO: Alberto D. Molina 165 York Road Carlisle, Pennsylvania 17013 Date of Notice: April 7, 2009 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2009- 749 CIVIL TERM CIVIL ACTION-LAW IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 (717) 249-3166 OWEN, David A. Baric, Esquire 19 West South Street Carlisle, PA 17013 (717) 249-6873 EXHIBIT "A" U.S. POSTAL SERVICE cEKI IrIGAIC yr IYIPULMa DOES NOT NATIONAL MAIL , MAY BE USED FOR DOMESTIC AND INTER PROVIDE FOR INSURANCE-POSTMASTER Received From: D" 6A VA Band d- Schf..+r, \ ex. Q = "f? la l?J?s} &u+h Si f evltsl& )PIPS rlDI3 A (hhit One piece of ordinary mail addressed to: ftWID - i t.5 `lorK Road v prlislti, PA 1'1D13 p. , PS Forth 3$17, January 2001 EXHIBIT "B" 1682 P4 -I CERTIFICATE OF SERVICE I hereby certify that on April 29, 2009, I, David A. Baric, Esquire, of O'Brien, Baric & Scherer did serve a copy of the Praecipe To Enter Default Judgment Pursuant To Pa.R.C.P. 1037, by first class U.S. mail, postage prepaid, to the parties listed below, as follows: Alberto D. Molina 160 York Road Carlisle, Pennsylvania 17013 David A. Baric, Esquire dAN cud i t A F? z ff?`k?`` 4 jq.00 IYt33 t,e * ? 14- cL?r 4 G :?- :?- q? ,o4y GI, A,I 33 Ie-j ANGEL P. OLIVA, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2009- 749 CIVIL TERM ALBERTO D. MOLINA, Defendant CIVIL ACTION-LAW NOTICE OF JUDGMENT PURSUANT TO Pa.R,C.P. 236 TO: Alberto D. Molina 160 York Road Carlisle, Pennsylvania 17013 Notice is hereby given to you of entry of a judgment against you in the above matter. &_i?' 00 Bi A?ota? C Date: