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Home My WebLink About09-3225PENNSYLVANIA EMERGENCY HEALTH :IN THE COURT OF COMMON PLEAS SERVICES COUNCIL. :CUMBERLAND COUNTY Plaintiff V. : No. 09- 3 2 2 52009 C ,,a -, -- :CIVIL ACTION - LAW THERESE D. KING, Defendant CONFESSION OF JUDGMENT Pursuant to the authority contained in the warrant of attorney, the original or a copy of which is attached to the complaint filed in this action, I appear for the Defendant and confess judgment in favor of the Plaintiff and against Defendant as follows: Sum: One hundred sixty seven thousand four hundred eighty seven dollars ($ 167,487.00) Dated: May& 2009 SUELLEN NTWOL'F?/J Attorney for the Defencjant 4278 Wimbledon Drive Harrisburg, PA 17112 (717) 657-7763 Supreme Court I.D. # 24438 Respectfully submitted, t Suellen M. Wolfe suellen.wolfe@comcast.net 4278 Wimbledon Drive Harrisburg, PA 17112 (717) 657-7763 PENNSYLVANIA EMERGENCY HEALTH SERVICES COUNCIL. Plaintiff V. THERESE D. KING Defendant :IN THE COURT OF COMMON PLEAS :CUMBERLAND COUNTY :No. d9- 3 2009 ! Z,,. :CIVIL ACTION - LAW COMPLAINT TO THE PROTHONOTARY: 1. Plaintiff is a Pennsylvania non-profit corporation located at 600 Wilson Lane, Suite 101, Mechanicsburg, PA 17055, Cumberland County, Pennsylvania. 2. Defendant is an adult individual whose last known address is 135 Summer Lane, Floor 1, Enola, Pennsylvania 17025-2150. 3. The Prothonotary has jurisdiction over this matter by reason of §§ 2951 & 2952 of the Pennsylvania Rules of Civil Procedure. 4. On January 14, 1997, Defendant entered into an Agreement Regarding Unpaid Restitution and Fine that contained a Confession of Judgment, a true and correct reproduction of the original is copied and attached as Exhibit 1. 5. Judgment will not be entered by confession against a natural person in connection with a consumer credit transaction in this action (Exhibit 2). 6. There has been no assignment of the instrument. 7. Judgment has not been entered on the instrument in any jurisdiction. The Agreement Regarding Unpaid Restitution and Fine has been recorded in the United States District Court for the Middle District of Pennsylvania on January 14, 1997. 8. The Defendant has defaulted on the payment of the restitution to the Plaintiff in accordance with the terms of Agreement Regarding Unpaid Restitution and Fine. 9. Defendant's last payment of restitution was made on May 20, 1997. 10. The current amount due from the Defendant to the Plaintiff under the terms of Agreement Regarding Unpaid Restitution and Fine is one hundred sixty seven thousand four hundred eighty seven dollars ($ 167,487.00). 11. Demand for judgment is made by the Plaintiff as authorized by the warrant. WHEREFORE, Plaintiff prays that the Prothonotary confess judgment in favor of the Plaintiff and against the Defendant as follows: Sum: One hundred sixty seven thousand four hundred eighty seven dollars ($ 167,487.00) 2 Respectfully subm Dated: May , 2009 S ELLEN M. L Attorney for the Plaintiff 4278 Wimbledon Drive Harrisburg, PA 17112 (717) 657-7763 Supreme Court I.D. # 24438 VERIFICATION I, Janette M. Kearney, Executive Director of the Pennsylvania Emergency Health Services Council, hereby verify that the facts set forth in the foregoing Complaint 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 falsification to authorities. Dated: Q al Janette. Kearney 4 FILED HARMSBURG. PA UNITED STATES DISTRICT COURT JAN 111-1997 FOR THE MIDDLE DISTRICT OF PENNSYLVANIA MARY E. D'AN9ffA, CLERK Per UNITED STATES OF AMERICA Deputy C erk v. THERESE D. KING CRIMINAL NO. 1:CR-92-019 AGRE ENT REGARDING UNPAID RESTITUION AND FINE The following agreement is entered into by Therese D. King, a defendant in the above-captioned case, in recognition of her obligations to the victim to whom restitution is owed and the imposition of a fine based upon the offenses charged at the above-captioned number and the judgment and commitment entered by the District Court in the above-captioned case. In recognition of these obligations, and fully intending to be legally bound, the defendant acknowledges and agrees as follows: 1. On July 15, 1992, the defendant was sentenced based on her conviction at the above-captioned criminal number and directed by United States District Judge Sylvia H. Rambo, as a condition of supervised release, to make restitution in the amount of $220,798.00 to Pennsylvania Emergency Health Services Council, Mechanicsburg, Pennsylvania and pay a fine in the amount of $1,344.15 during a period of supervised release of three years. 2. The defendant acknowledges that she has failed to comply with the f ine and restitutionary portion of the Court,' s sentence and that she presently owes the victim $168,097 and the Government $1,344.15. EXHIBIT 1 3. The United States Probation Office has determined that in consideration of the defendant agreeing to fulfill her fine and restitutionary obligations under the above-described sentence, consideration will be given to allowing the defendant's period of supervised release to expire as originally set by the Court. The defendant realizes that her failure to pay the above fine and restitution obligation could form a basis for the revocation of supervised release and resentencing by the District Court. 4. .Based on the above, and in consideration of forbearance on immediate execution upon assets owned by the defendant, the defendant hereby agrees to make restitution payments of $100.00 to Pennsylvania Emergency Health Services Council, in the total amount of $168,097, through the Clerk,.U.S. District Court, P.O. Box 983, Harrisburg, Pennsylvania 17108, said payments to be made on a monthly basis between the first and fifteenth day of each month. Upon completion of the payment of restitution in full, the defendant agrees to make monthly fine payments of $100 to the. Clerk, U.S. District Court in the total amount of $1,344.15, said payments to be made between the first and fifteenth day of each month. Additionally, the defendant agrees, should her personal finances improve, to increase the monthly payments accordingly. 5. The defendant further agrees and confesses judgment for the total unpaid restitution in the amount of $168,097 to the Pennsylvania Emergency Health Services Council and the total unpaid fine in the amount of $1,344.15, and authorizes the named victim and its attorney, to enter judgment against her for said amount in any appropriate court for the full amount. It is the defendant's intention that she be bound by this confession of judgment and that judgment be entered pursuant to Rule 2951(a) of the PA Rules of Civil Procedure. Sworn to and subscribed before me this 1L/T day of 1997. Deputy Clerk Per y Clerk tDeEx, nt U &rdfied from the record Date reu ?%?s "e 0?, T Witne PENNSYLVANIA EMERGENCY HEALTH :IN THE COURT OF COMMON PLEAS SERVICES COUNCIL. :CUMBERLAND COUNTY Plaintiff V. :No. 2009 :CIVIL ACTION - LAW THERESE D. KING Defendant AFFIDAVIT THAT TRANSACTION DOES NOT ARISE FROM A RETAIL SALE, CONTRACT OR ACCOUNT OR INSTALLMENT SALE, CONTRACT OR ACCOUNT (CONSUMER CREDIT TRANSACTION) I, Janette M. Kearney, being duly sworn according to law, depose and say that: 1. 1 am Executive Director of the Pennsylvania Emergency Health Services Council, which is the Plaintiff in this action, and am authorized to make this affidavit on its behalf. 2. The transaction upon which the judgment is being entered does not arise from a retail sale, contract or account or installment sale, contract or account (consumer credit transaction). Dated: I? 6 Sworn to and subscribed before me thisOkJ-- day of Ma-L-, 2009 N TARY PUBLIC My Commission Expires: /6/0z2/';Z 0/L' Linda M Naoe NOTARY PUBLIC City of Hamsburg, Dauphin County M Commission Expires 10/0212010 EXHIBIT 2 C'? ^? -f' i lZ PENNSYLVANIA EMERGENCY HEALTH :IN THE COURT OF COMMON PLEAS SERVICES COUNCIL. :CUMBERLAND COUNTY Plaintiff THERESE D. KING V. :No. 2009 :CIVIL ACTION - LAW Defendant CERTIFICATE OF RESIDENCE I certify that Plaintiff, Pennsylvania Emergency Health Services Council, is located at 600 Wilson Lane, Suite 101, Mechanicsburg, PA 17055, Cumberland County, Pennsylvania, and that Defendant, Therese D. King's, last known address is 135 Summer Lane, Floor 1, Enola, Pennsylvania 17025-2150. 1 understand that false statements made in this certificate are subject to the penalties of 18 Pa. Cons. Stat. Ann. § 4904, relating to unsworn falsification to authorities. Dated: Mayk-12009 S LE M. WOLFE Attorney for the Plaintiff 4278 Wimbledon Drive Harrisburg, PA 17112 (717) 657-7763 Supreme Court I.D. # 24438 ^? ii•y+1 ? J? TF a r \ ? r Ry 2 G ? 9 hAY 21 A l 10- 1,71 J- ,"x, 6&?- & ) 7 J?b Ue. c/ ?2S`/ ?-? 6-?, .2,1 -a9 r-- _i PENNSYLVANIA EMERGENCY HEALTH SEVICES COUNCIL, Plaintiff V. THERESE D. KING, Defendant :IN THE COURT OF COMMON PLEAS :CUMBERLAND COUNTY : No. 09-3225 2009 Civil Term CERTIFICATE OF SERVICE C= r I hereby certify that I am this day serving a true and correct copy of the forgoing Requests for Admissions and accompanying Interrogatory of Plaintiff, Pennsylvania Emergency Health Services Council directed to Defendant, Therese D. King upon the person and in the manner indicated below: Service by First Class United States Postal Service, postage prepaid at Harrisburg, Pennsylvania Thomas E. Brenner, Esq. Goldberg Katzman, P.C. 320 Market Street PO Box 1268 Harrisburg, PA 17108 Dated: December 7, 2010 Harrisburg, PA 17112 (717) 657-7763 Supreme Court I.D. # 24438 Attorney for the Plaintiff 4278 Wimbledon Drive