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HomeMy WebLinkAbout01-0157Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-I445 Counsel for Plaintiff SEBASTIAN G.Z. TRISCARI, Plaintiff JOSEPH O. KALWAYTIS and RENEE E. KALWAYTIS, Defendants : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : Civil Action CONFESSION OF JUDGMENT Pursuant to the authority contained in the warrant of attorney, the original of which is attached to the Complaint filed in this action, I appear for the Defendants and confess judgment in favor of the Plaintiff and against Defendants as follows: a. Principal Balance Due on Note $45,000.00 b. Interest of 10% per annum (or $12.33 per diem) Due on Note as of 1/09/01 246.60 c. Late charge penalty provided by Note of 5% of Principal 2,250.00 d. Attorney's Fee provided by Note (10% of Deb0 4,500.00 Total $51,996.60 Dated: January 9, 2001 Respectful~ubmitted, / Barbara Sumple-Sullivan, Esquire Attorney for Plaintiff 549 Bridge Street New Cumberland, PA 17070-1931 (717) 774-1445 Supreme Court I.D. No. 32317 Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Stxeet New Cumberland, PA 17070 (717) 774-1445 Counsel for Plaintiff SEBASTIAN G. Z. TRISCARI, Plaintiff JOSEPH O. KALWAYTIS and RENEE E. KALWAYTIS, Defendants : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : No. : : Civil Action COMPI,AINT FOR CONFESSION OF JUDGMENT 1) Plaintiffis Sebastian G. Z. Triscari, an individual residing at 9 Southwatch Lane, Mechanicsburg, Cumberland County, Pennsylvania 17055. 2) Defendants are Joseph O. Kalwaytis and Renee E. Kalwaytis, husband and wife, residing at 2473 Stutzmantown Road, Somerset, Somerset County, Pennsylvania ! 5501. 3) On December 15, 2000, Defendants executed a Judgment Note in the principal amount of FORTY-FIVE THOUSAND DOLLARS ($45,000.00) to satisfy a debt due and owing to Plaintiff. Pursuant to the Note, payment was due in full on December 20, 2000. The original Note is marked as Exhibit "A" and attached hereto. 4) Pursuant to this Note, If we fail to pay said sum within five (5) days after its due date, we shall pay an additional five (5%) percent of the payment as a late charge penalty. 5) No payment was received on or before the due date of December 20, 2000. No payment has been received as of the filing of this Complaint. Defendants have defaulted on the Note. 6) 7) The Note authorizes the following: TO FURTHER SECURE THE PAYMENT, the undersigned hereby irrevocably authorizes and hereby empower Sebastian G. Z. Triscari, through his counsel, to appear for us before any Prothonotary, Clerk of Attorney of any Court of record within the United States or elsewhere and, with or without defalcation, confess judgment against us at any time or times,.... Judgment is not being entered by confession against a natural person in connection with a consumer credit transaction. 8) Judgment has not been entered against Defendants on the Note in any jurisdiction, and the Note has not been assigned. 9) The amount due by Defendants to Plaintiff under the Note is FIFTY-ONE THOUSAND NINE HUNDRED NINETY-SIX DOLLARS and 60/00($51,996.60), calculated as follows: Principal Balance Due on Note Interest of 10% per annum due on Note as of 1/09/01 plus interest thereafter at the rate of $12.33 per diem Late charge penalty provided by Note of 5% of Principal Attorney's Fee provided by Note (10% of Debt) $45,000.00 246.60 2,250.00 4,500.00 Total $51,996.60 2 10) An Averment of Default is attached hereto. 11) Judgment is demanded as authorized by the Warrant of Attorney contained in the attached Judgment Note marked as Exhibit "A." 12) The Warrant of Attorney appearing in the aforementioned document is less than twenty years old. WHEREFORE, Plaintiff demands judgment be entered in his favor and against Defendants in the amount of FIFTY-ONE THOUSAND NINE HUNDRED NINETY-SIX THOUSAND DOLLARS and 60/00 ($51,996.60), as authorized by the Warrant appearing in the attached Note, together with interest from the date of judgment at the rate of $12.33 per diem, costs and such further relief as may be just. Dated: January 9, 2001 Respectfully submitted, ~n, Esquire 549 Bridge Street New Cumberland, PA 17070-1931 (717) 774-1445 Supreme Court I.D. No. 32317 EXHIBIT "A" $45.000,00 December 15, 2000 Pennsylvania JUDGMENT NOTE FOR VALUE RECEIVED AND INTENDING TO BE LEGALLY BOUND, We, Joseph O. Kalwaytis and Renee E. Kalwaytis, his wife, promise to pay Sebastian G. Z. Triscari (and his heirs, personal representatives, and permitted assigns) the principal amount of FORTY- FIVE THOUSAND DOLLARS ($45,000.00). The Payment is due in full on the 20th day of December, 2000. If we fail to pay said sum within five (5) days after its due date, we shall pay an additional five (5%) percent of the payment as a late charge penalty. TO FURTHER SECURE THE PAYMENT, the undersigned hereby irrevocably authorizes and hereby empower Sebastian G. Z. Triscari, through his counsel, to appear for us before any Prothonotary, Clerk of Attorney of any Court of Record within the United States or elsewhere and, with or without defalcation, confess judgment against us at any time or times, and in his favor or the holder of this Note for the above sum, plus costs of suit, interest at the rate often (10%) percent per annum from date payment is due and continuing after confession, and with ten percent (10%) as reasonable attorneys' fees for violation of any of the provisions of this Note. For so doing, this Note or a copy hereof verified by affidavit shall be a sufficient to warrant. We hereby release all errors and expressly waive all rights and relief from all appraisement of any property upon which is levied; right of exemption or stay of execution of any laws of any State now in force or hereafter to be passed; right of any inquisition of appeal and release of errors; and any right of further protest of this Note. This Note and the effectiveness of its terms shall be governed by the laws of the Commonwealth of Pennsylvania. The undersigned and all endorsers severally waive demand, presentment, notice of dishonor, diligence in collection, and notice of protest and agree to all extensions and partial payments before or after maturity without prejudice to the holder. No single exercise of the foregoing warrant and power to confess judgment shall be deemed to exhaust the power, whether or not any such exercise shall be held by any court to be invalid, voidable, or void, but the power shall continue undiminished and may be exercised from time to time as often as the holder thereof shall elect until all sums payable or that may become payable hereunder by the undersigned have been paid in full. Waiver of any default shall not constitute waiver of any subsequent default. This obligation shall bind the undersigned and any guarantors, sureties, and endorsers and their heirs, executors, administrators, successors, and assigns. We hereby consent to venue in the Court of Common Pleas in Cumberland County, Pennsylvania. Protest Waived. We, Joseph O. Kalwaytis and Renee E. Kalwaytis, do acknowledge that we are individually, severally and jointly liable for all sums due under this Note. 2 Note effective ss of the day, month, md year first above wr/tt~ Notarial Seal " Vickie L. Friedllne, Notary Publ}~ Somerset Boro, Somerset County My Comrslssion Exptm,.,~ Dec. 18, 2001 Mem~', Pennsylvania Association of Nolales 3 EXPLANATION OF RIGHTS FOR JUDGMENT NOTE DATED DECEMBER 15, 2000 A. I, Joseph O. Kalwaytis (hereinafter "Obligor") clearly and specifically understand that by signing a Note dated December 15, 2000, in the amount of FORTY-FIVE THOUSAND DOLLARS ($45,000.00) payable to Sebastian G. Z. Triscari (hereinafter "Obligee") which contains a Confession of Judgment Clause: 1. Obligor authorizes Obligee (Plaintiff, Creditor) to enter a Judgment against Obligor in favor of Obligee which will give Obligee a lien upon any real estate which Obligor may own, including Obligator's home; 2. Obligor gives up the right to any notice or opportunity to be heard prior to the entry of judgment on the records of the Court; 3. Obligor agrees that Obligee (Plaintiff, Creditor) can enter this Judgment without any proof of non-payment or other default on Obligor's part; 4. Obligor will subject all of Obligor's property, both personal property and real estate, to execution (and Sheriffs sale); pursuant to this Judgment, prior to proof of non- payment or other default on Obligor's part; 5. Obligor will be unable to challenge this Judgment, should the Plaintiff enter it, except by a proceeding to open or to strike the Judgment; and such proceeding will result in attorneys' fees and costs which Obligor will have to pay. B. Obligor knows and understands that it is the Confession of Judgment clause in the above-described Note which gives Obligee (Plaintiff, Creditor) the rights enumerated in sub- paragraph 1 through 5 of paragraph "A" above. IF OBLIGOR DOES NOT SIGN A NOTE WHICH CONTAINS A CONFESSION OF JUDGMENT CLAUSE, OBLIGOR UNDERSTANDS THAT OBLIGATOR WOULD HAVE THE FOLLOWING Judgment; The right to have notice and an opportunity to be heard prior to 2. The right to have the burden of proving default rest upon Obligee before Obligor's property can be exposed to execution; and 3. The right to avoid the additional expense of attorneys' fees and costs incident to opening or striking off a Confession Judgment. C. Fully and completely understanding these rights which I have prior to signing the above-described Note, and clearly aware that these rights will be given up, waived, relinquished and abandoned ifI sign the Note, I nevertheless freely and voluntarily choose to sign the Note, my intention being to give up, waive, relinquish and abandon my known rights and subject myself to the circumstance described in Paragraph "A" above. D. Th~ undersigned Oblil~or hereby ce~ifies that he, si~o~ to a No~ dated De~ember 15, 2o00, in favor of Oblique, which ~ a Confim~ion of lud~meni olaus~, have ~'~inEs of $10,000.00 or more per y~r. befor~ me il~ Z.~ of ~ ~ 2000. l~lo~y Pabli~ No~al Seal V~ie L. F~line, N~ Public ~me~t ~m ~me~ Coun~ My Comm~ on ~ ~. 18, 2~1 3 EXPLANATION OF RIGHTS FOR JUDGMENT NOTE DATED DECEMBER 15, 2000 A. I, Renee E. Kalwaytis (hereinafter "Obligor") clearly and specifically understand that by signing a Note dated December 15, 2000, in the amount of FORTY-FIVE THOUSAND DOLLARS ($45,000.00) payable to Sebastian G. Z. Triscari (hereinafter "Obligee") which contains a Confession of Judgment Clause: 1. Obligor authorizes Obligee (Plaintiff, Creditor) to enter a Judgment against Obligor in favor of Obligee which will give Obligee a lien upon any real estate which Obligor may own, including Obligator's home; 2. Obligor gives up the right to any notice or opportunity to be heard prior to the entry of judgment on the records of the Court; 3. Obligor agrees that Obligee (Plaintiff, Creditor) can enter this Judgment without any proof of non-payment or other default on Obligor's part; 4. Obligor will subject all of Obligor's property, both personal property and real estate, to execution (and Sheriffs sale); pursuant to this Judgment, prior to proof of non- payment or other default on Obligor's part; 5. Obligor will be unable to challenge this Judgment, should the Plaintiff enter it, except by a proceeding to open or to strike the Judgment; and such proceeding will result in attorneys' fees and costs which Obligor will have to pay. B. Obligor knows and understands that it is the Confession of Judgment clause in the above-described Note which gives Obligee (Plaintiff, Creditor) the rights enumerated in sub- paragraph I through 5 of paragraph "A" above. IF OBLIGOR DOES NOT SIGN A NOTE WHICH CONTAINS .4 CONFESSION OF JUDGMENT CL.4 USE, OBLIGOR UNDERST.4NDS THAT OBLIG.4 TOR WOULD HA VE THE FOLLOWING Judgment; The right to have notice and an opportunity to be heard prior to 2. The right to have the burden of proving default rest upon Obligee before Obligor's property can be exposed to execution; and 3. The right to avoid the additional expense of attorneys' fees and costs incident to opening or striking off a Confession Judgment. C. Fully and completely understanding these rights which I have prior to signing the above-described Note, and clearly aware that these rights will be given up, waived, relinquished and abandoned ifI sign the Note, I nevertheless freely and voluntarily choose to sign the Note, my intention being to give up, waive, relinquish and abandon my known rights and subject myself to the circumstance described in Paragraph "A" above. ID. The undersigned Obtigar hereby ce~Ot~es tl~t she, signatory to a Note dated lDcc~nber I:~, 2000, in ttavor ot~Obllge*,, '.,daicb lm a Confession of Judgment clause, have earnings ot~ $10,000.00 or more per yeti. Notary Public My commission [SISAL] Notarial Vickie L Friedline, Notary Public Somerset ~oro, ,~'lerset O, ounty My Commission F..x~res Dec. 18, 2001 Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 77z[-1445 Counsel for Plaintiff SEBASTIAN G. Z. TRISCARI, Plaintiff JOSEPH O. KALWAYTIS and RENEE E. KALWAYTIS, Defendants : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : No. : : Civil Action AVERMENT OF DEFAULT I, Barbara Sumple-Sullivan, Esquire, being duly sworn according to law, deposes and states that she is authorized to make this Affidavit on behalf of Plaintiff; and that Defendants entered into the Judgment Note dated December 15, 2000, a true and correct copy of said Note is attached to the Complaint for Confession of Judgment filed in this action and marked as Exhibit "A". Deponent also avers that Fifty-One Thousand Nine Hundred Ninety-Six Dollars and 60/100 ($51,996.60) plus interest at the rate of Twelve Dollars and 33/100 ($12.33) per diem is due and owing. I hereby certify that the facts set forth above are true and correct to the best of my knowledge, information and belief. I understand that any false statements made herein are subject to penalties of 18 Pa. C.S.A. §4904 relating to unsworn falsification to authorities. Date: January 9, 2001 ~~v~,E - squire Attorney for Plaintiff 549 Bridge Street New Cumberland, PA 17070-1931 (717) 774-1445 Supreme Court I.D. No. 32317 Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 Counsel for Plaintiff SEBASTIAN G. Z. TRISCARI, Plaintiff JOSEPH O. KALWAYTIS and RENEE E. KALWAYTIS, Defendants : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : No. : : Civil Action VERIFICATION I, SEBASTIAN G. Z. TRISCARI, hereby certify that the facts set forth in the foregoing COMPLAINT FOR CONFESSION OF JUDGMENT are tree and correct to the best of my knowledge, information and belief. I understand that any false statements made herein are subject to penalties of 18 Pa. C.S.A. Section 4904 relating to unsworn falsification to authorities. Dated: January 9, 2001 Z 9 Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 Counsel for Plaintiff SEBASTIAN G.Z. TRISCARI, Plaintiff JOSEPH O. KALWAYTIS and RENEE E. KALWAYTIS, Defendants : 1N THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. tQ ,/- '/,,a<''t7 Civil Action PRAECIPE FOR ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Please assess damages now due on the judgment in this action against Defendant Joseph O. Kalwaytis and Defendant Renee E. Kalwaytis, as follows: a. Principal Balance Due on Note $45,000.00 b. Interest of 10% per annum (or $12.33 per diem) Due on Note as of 1/09/01 246.60 c. Late charge penalty provided by Note of 5% of Principal 2,250.00 d. Attorney's Fee provided by Note (1~ 4,500.00 Total Amount ~~ $51,996.60 Dated: January 9, 2001 [ Barbara Sumple-Sulhvan, Esquire Attorney for Plaintiff 549 Bridge Street New Cumberland, PA 17070-1931 (717) 774-1445 Supreme Court I.D. No. 32317 JUDGMENT AND ASSESSMENT OF DAMAGES I assess damages as above and judgment is entered for Plaintiff and against Defendants in the amount orS 51,996.60, plus interest after judgement at the rate of $12.33 per diem. Prothonotary of Cumberland County Clerk or Deputy Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 Counsel for Plaintiff SEBASTIAN G. Z. TRISCARI, Plaintiff V. JOSEPH O. KALWAYTIS and RENEE E. KALWAYTIS, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNT](, PENNSYLVANIA No. 21- 1_57 Civil Action NOTICE UNDER RULE 2958.1 OF JUDGMENT AND EXECUTION THEREON NOTICE OF DEFENDANT'S RIGHTS TO: Renee E. Kalwaytis 2473 Stutzmantown Road Somerset, PA 15501 A judgment in the amount of $$1,996.60 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 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 OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP: Date: January 9, 2001 CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE Carlisle, Pennsylvania 17013/9 (717) 249-3166_~~ ,/ BarlSara Sumple-Sullivan, Esquire Attorney for Plaintiff 549 Bridge Street New Cumberland, PA 17070-1931 (717) 774-1445 Supreme Court I.D. No. 32317 Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 Counsel for Plaintiff SEBASTIAN G. Z. TRISCARI, Plaintiff V. JOSEPH O. KALWAYTIS and RENEE E. KALWAYTIS, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. O/- Civil Action NOTICE UNDER RULE 2958.1 OF JUDGMENT AND EXECUTION THEREON NOTICE OF DEFENDANT'S RIGHTS TO: Joseph O. Kalwaytis 2473 Stutzmantown Road Somerset, PA 15501 A judgment in the amount of $51,996.60 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 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 OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP: Date: January 9, 2001 CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE Carlisle, Pennsylvania 1701/3~ ~ Barbara Sumple~Sullivan, Esquire Attorney for Plaintiff 549 Bridge Street New Cumberland, PA 17070-1931 (717) 774-1445 Supreme Court I.D. No. 32317 Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 Counsel for Plaintiff SEBASTIAN G. Z. TRISCARI, Plaintiff JOSEPH O. KALWAYTIS and RENEE E. KALWAYTIS, Defendants : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. ATq Civil Action AFFIDAVIT PURSUANT TO PA. R,C.P. 2951(a)(2)(ii) I, Barbara Sumple-Sullivan, Esquire, being duly sworn according to law, deposes and states that she is authorized to make this Affidavit on behalf of Plaintiff; and that judgment is not being entered by confession of judgment against a natural person in connection with a consumer credit transaction. I hereby certify that the facts set forth above are true and correct to the best of my knowledge, information and belief. I understand that any false statements made herein are subject to penalties of 18 Pa. C.S.A. §4904 relating to unsworu falsification to authorities. Date: January 9, 2001 van, Esqu~reB r 549 Bridge Street New Cumberland, PA 17070-1931 (717) 774-1445 Supreme Court I.D. No. 32317 Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 Counsel for Plaintiff SEBASTIAN G. Z. TRISCARI, Plaintiff JOSEPH O. KALWAYTIS and RENEE E. KALWAYTIS, Defendants : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : No. : Civil Action : AFFIDAVIT THAT ACTION DOES NOT ARISE OUT OF RETAIL INSTALLMENT CONTRACT I, Barbara Sumple-Sullivan, Esquire, being duly sworn according to law, deposes and states that she is authorized to make this Affidavit on behalf of Plaintiff; and that this is not an action by a seller, holder or assignee arising out of a retail installment sale contract or account. I hereby certify that the facts set forth above are true and correct to the best of my knowledge, information and belief. I understand that any false statements made herein are subject to penalties of 18 Pa. C.S.A. §4904 relating to unsworn falsification to authorities. ~nti~ January 9, 2001 Barba a Sumple-o~,~,lv,~, ~,~,,~:,,~.~~o Date: 549 Bridge Street New Cumberland, PA 17070-1931 (717) 774-1445 Supreme Court I,D. No. 32317 Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 Counsel for Plaintiff SEBASTIAN G. Z. TRISCARI, Plaintiff JOSEPH O. KALWAYTIS and RENEE E. KALWAYTIS, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. /.5-7 Civil Action AFFIDAVIT OF BUSINESS TRANSACTION I, Barbara Sumple-Sullivan, Esquire, being duly sworn according to law, deposes and states that she is authorized to make this Affidavit on behalf of Plaintiff; and that the transaction upon which Judgment is being entered by Confession was a business and commercial transaction. I hereby certify that the facts set forth above are true and correct to the best of my knowledge, information and belief. I understand that any false statements made herein are subject to penalties of 18 Pa. C.S.A. §4904 relating to unsworn falsification to authorities. Date: January 9, 2001 '-"~""'"°""~v'"'o"'l"v'm,~'~'.iu~n~~ire Attorney for Plaintiff 549 Bridge Street New Cumberland, PA 17070-1931 (717) 774-1445 Supreme Court I.D. No. 32317 Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 Counsel for Plaintiff SEBASTIAN G. Z. TRISCARI, Plaintiff JOSEPH O. KALWAYTIS and RENEE E. KALWAYTIS, Defendants 1N THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. Civil Action AFFIDAVIT OF NON-MILITARY SERVICE I, Barbara Sumple-Sullivan, Esquire, being duly sworn according to law, deposes and states that she is an officer of Plaintiff, that she is authorized to make this Affidavit on behalf of Plaintiff; and that none of the aforementioned Defendants are in the Military Services of the United States, nor any State or Territory thereof or its allies, as defined in the Soldiers' and Sailors' Civil Relief Act of 1940 and the amendments thereto. I hereby certify that the facts set forth above are true and correct to the best of my knowledge, information and belief. I understand that any false statements made herein are subject to penalties of 18 Pa. C.S.A. §4904 relating to unsworn falsification to authorities. Date: January 9, 2001 ~~, Esquire I Attorney for Plaintiff 549 Bridge Street New Cumberland, PA 17070-1931 (717) 774~1445 Supreme Court I.D. No. 32317 Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 Counsel for Plaintiff SEBASTIAN G. Z. TRISCAKI, Plaintiff JOSEPH O. KALWAYTIS and RENEE E. KALWAYTIS, Defendants : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA No. : Civil Action : CERTIFICATION OF ADDRESSES Barbara Sumple-Sullivan, Esquire, attorney for Sebastian G. Z. Triscari, Plaintiff, certifies that the present address of Plaintiff is: Mr. Sebastian G. Z. Triscari 9 Southwatch Lane Mechanicsburg, PA 17055 and the last known address of the Defendants as follows: Mr. Joseph O. Kalwaytis 2473 Stutzmantown Road Somerset, PA 15501 Mrs. Renee E. Kalwaytis 2473 Stutzmantown Road Somerset, PA 15501 Dated: January 9, 2001 sqmre Attorney for Plaintiff 549 Bridge Street New Cumberland, PA 17070-1931 (717) 774-1445 Supreme Court I.D. No. 32317 Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 Counsel for Plaintiff DANA R. GLEASON, Plaintiff LEE A. GLEASON, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - CUSTODY :NO. (~l-- ]~, AI*FIDAVIT OFSERVICE I, Barbara Sumple-Sullivan, Esquire, do hereby certify that I served a copy of the Custody Complaint in the above-captioned matter by United States Mail, Restricted Delivery, Certified No. 7099 3220 0007 0903 6757, Return Receipt Requested, on the above-named Defendant, Lee A. Gleason, on January 12, 2001, at Defendant's last known address: 1619 Wyndham Road, Camp Hill, PA 17011. The original receipt and return receipt card are attached hereto as Exhibit "A". I hereby certify that the facts set forth above are tree and correct to the best of my knowledge, information and belief. I understand that any false statements made herein are subject to penalties of 18 Pa. C.S.A. §4904 relating to unswom falsification to authorities. Dated: January 15, 2001 Barbara Sumple-Sullivan, Esquire 549 Bridge Street New Cumberland, PA 17070-1931 (717)-774-1445 Supreme Court ID #32317 Attorney for Plaintiff · 1, 2, and 3. Also complete Rem 4 if Resb'lcted Delivery is desired. · Print your name and address on the reverse ao that wa can return the card to you. · Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: e 3. Sen/ice Type ~Certified Mall r-I Express Mail [] Registered [] Return Receipt for Merche~ [] insured Mail r'l C.O.D. 4. Restricted Delivery? (Ex'Ira Fee) O Yes EXHIBIT "A" DANA R. GLEASON PLAINTIFF V. LEE A. GLEASON DEFENDANT 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 01-156 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, this 12th day of January ,2001, upon consideration of the attached Complaint, it is hereby directed that the parties and their respective counsel appear beforeMelissa P. Greevy, Esq. , the conciliator, at 214 Senate Avenue, Suite 105, Camp Hill, PA 17011 on the 21st day of February ,200 l, at 11:00 a.m. 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. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. FOR THECOURT, By: /s/ Mdissa £. Greevy. EsS Custody Conciliator71'~ 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 Cotmty Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 Counsel for Pla'mtiff DANA R. GLEASON, Plaintiff V4 LEE A. GLEASON, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION - CUSTODY : :NO. ~/- CUSTODY COMPI,AINT 1. The Plaintiff is Dana R. Gleason (hereinafter referred to as "Father"), who currently resides at 1811 Creekview Court, New Cumberland, Cumberland County, Pennsylvania. 2. The Defendant is Lee A. Gleason (hereinafter referred to as "Mother"), who currently resides at 1619 Wyndam Road, Camp Hill, Cumberland County, Pennsylvania. 3. Plaintiff seeks shared legal and primary physical custody of the parties' child, Alexander Gleason (DOB 3/18/94). 4. The parties presently share custody of the child. 5. During the past five years the child has resided with the following persons at the following addresses: 1995 - 6/2000 6/2000 - Present ADDRESSES 1811 Creekview Court New Cumberland, PA 17070 1811 Creekview Court New Cumberland, PA 17070 NAMES OF PERSONS IN HOUSEttOLD Mother, Father, Child Father, Child 6. The Father of the child is Dana R. Gleason, currently residing at 1811 Creekview Court, New Cumberland, Cumberland County, Pennsylvania. Father is presently married to Mother, but they are separated. Mother filed a divorce action in the Court of Common Pleas of Cameron County on September 15, 2000 to Docket No. 2000-5840. 7. The Mother of the child is Lee A. Gleason, currently residing at 1619 Wyndam Road, Camp Hill, Cumberland County, Pennsylvania. Mother is married but separated from Father. currently resides with the following persons: Alexander Gleason The relationship of the Plaintiff to that of the child is that of Father. The Plaintiff REI,ATIONSHIP Son resides with the following persons: Henry Grajalas Alexander Gleason The relationship of the Defendant to the child is Mother. The Defendant currently RELATIONSHIP Boyfriend Son 2 10. Plaintiff has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the child in this or another court. 11. The Plaintiff has no information of a custody proceeding concerning the child pending in any court of this Commonwealth. 12. Plaintiff does not know of a person not a party to the proceedings who has physical custody of the children or claims to have custody or visitation rights with respect to the child. 13. The best interest and permanent welfare of the child will be served by granting the relief requested because Plaintiff has been the primary source of support and care for the child while they were married and he can provide a stable, loving environment. Plaintiff has been the child's source of security. Plaintiff's schedule is flexible and provides him the opportunity to be available for the child. Defendant is impulsive and often acts before weighing the consequences and the impact on the parties' child. Defendant's home is not stable. Plaintiff has questions concerning the Defendant's live in companion. The child has expressed a desire to reside with Father on a regular basis. Father would foster appropriate contact with Mother. Her live in companion has impeded appropriate contact between father and child. The situation is volatile. 14. Each parent whose parental rights to the child have not been terminated and the person who has physical custody of the child have been named as parties to this action. 3 WHEREFORE, the Plaintiff requests the Court to grant shared legal and primary physical custody of the child to the Plaintiff. DATE: January ~, 2001 549 Bridge Street New Cumberland, PA 17070-1931 (717) 774-1445 Supreme Court I.D. 32317 Attorney for Plaintiff 4 Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 Counsel for Plaintiff DANA R. GLEASON, Plaintiff LEE A. GLEASON, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - CUSTODY NO. VERIFICATION I, DANA R. GLEASON, hereby certify that the facts set forth in the foregoing CUSTODY COMPLAINT are true and correct to the best of my knowledge, information and belief. I understand that any false statements made herein are subject to penalties of 18 Pa. C.S.A. Section 4904 relating to unsworn falsification to authorities. Z c < 9 Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 Counsel for Plaintiff SEBASTIAN G. Z. TRISCARI, Plaintiff V. JOSEPH O. KALWAYTIS and RENEE E. KALWAYTIS, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION : NO. 01-157 AFFIDAVIT OF SERVICE I, Laura J. Hughes-Doyle, being duly sworn according to law, deposes and states that I do hereby certify that I served a copy of the following documents: 2. 3. 4. 5. 6. 7. 8. 9. Notice Under Rule 2958.1 of Judgment and Execution; Complaint for Confession of Judgment; Confession of Judgment; Praecipe for Assessment of Damages; Affidavit Pursuant to PA. R.C.P. 295 l(a)(2)(ii); Affidavit of Non-Retail Transaction; Affidavit of Business Transaction; Affidavit of Non-Military Service; and Certification of Addresses. in the above-captioned matter by United States Mail, Restricted Delivery, Certified No. 7099 3220 0007 0903 67 6740, Return Receipt Requested, on the above-named Defendant, Renee E. Kalwaytis, on January 11, 2001, at Defendant's last known address: 2473 Stutzmantown Road, Somerset, PA 15501. The original receipt and return receipt card is attached hereto as Exhibit "A". ! hereby certify that the facts set forth above are true and correct to the best of my knowledge, information and belief. I understand that any false statements made herein are subject to penalties of 18 Pa. C.S.A. §4904 relating to unsworn falsification to authorities. Dated: January 30, 200 l Sworn to and subsqribed before~ t~ day /' NOTARY PUBLIC [ ~~~/lau~ [ My Commission Expiresl~ catra~ ~ ~ e,o~tvl Laura J. H~s~ (SEAL) · C, emplete items 1, 2, and 3. Also complete I~m 4 if Restricted Delivery is desired. · P~nt your name and address on the reverse ~ that we can return the card to you. · Attach this card to the beck of the mailpiece, Or on the front if space permits. 1..N~cle Addressed to: F~S. Renee ~. Kalwaytis 2473 Stutzmantown Road S0~erset, PA 15501 3. Service ~pe ~ Certified Mail [~ Express MaLl E~ Registered E] Return Receipt for Merch~m~ee r-I Insured Mail F1 C.O,D. 4. Restricted Delivery? (Extra Fee) ~ yes EXHIBIT "A" Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 Counsel for Plaintiff SEBASTIAN G. Z. TRISCARI, Plaintiff V. JOSEPH O. KALWAYTIS and RENEE E. KALWAYTIS, Defendant 1N THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION : NO. 01-157 AFFIDAVIT O~ SERVICE I, Laura J. Hughes-Doyle, being duly sworn according to law, deposes and states that I do hereby certify that I served a copy of the following documents: 2. 3. 4. 5. 6. 7. 8. 9. Notice Under Rule 2958.1 of Judgment and Execution; Complaint for Confession of Judgment; Confession of Judgment; Praecipe for Assessment of Damages; Affidavit Pursuant to PA. R.C.P. 295 l(a)(2)(ii); Affidavit of Non-Retail Transaction; Affidavit of Business Transaction; Affidavit of Non-Military Service; and Certification of Addresses. in the above-captioned matter by United States Mail, Restricted Delivery, Certified No. 7099 3220 0007 0903 67 6733, Return Receipt Requested, on the above-named Defendant, Joseph O. Kalwaytis and same was received by Renee E. Kalwaytis, his wife and agent, on January 11, 2001, at Defendant's last known address: 2473 Stutzmantown Road, Somerset, PA 15501. The original receipt and return receipt card is attached hereto as Exhibit "A". I hereby certify that the facts set forth above are true and correct to the best of my knowledge, information and belief. I understand that any false statements made herein are subject to penalties of 18 Pa. C.S.A. §4904 relating to unsworn falsification to authorities. Dated: January 30, 2001 Sworn to,~and sub.s~/'ibed befor~/d~ day NOTARY PUBLIC [ My Commission Expire~na Laura J. }~~ (SEAL) · 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 mailpiece, or on the front if space permits. 1. Article Addressed to: Mr. Joseph O. K~lwaytis 2473 Stutzmanto~n Road S(~merset, PA 1 5501 2. Artlcle Number (Copy from service labeO PS F~m 3811, Ju~y C. ' tuts D. Is iJetive~ address different ffo~ 1 ? If YES, enter delivery address below: 3. Service Type [] Registered [] Return Receipt for Me~ [] Insured Mall [] C.O.D, 4. Restricted Delivery? (Extra Fee) ~ Yea EXHIBIT "A"