Loading...
HomeMy WebLinkAbout09-8630HEISTER HOUSE MILLWORKS * IN THE COURT OF COMMON PLEAS INC., * OF THE 9TH JUDICIAL DISTRICT Plaintiff * OF PENNSYLVANIA * CUMBERLAND COUNTY BRANCH vs. * CIVIL ACTION C?v? l TprM LISA M. BROSIUS and * 09 _ 8(030 JOHN T. BROSIUS, Defendants * NO. CV - 09 - CONFESSION OF JUDGMENT Pursuant to the warrant contained in the Account Guarantee and as attorney for Plaintiff, true and correct copies of the Account Guarantee are attached to the Complaint filed in this action, I appear for the Defendants, Lisa M. Brosius and John T. Brosius, wife an husband, and confess judgment in favor of Plaintiff and against Defendants, Lisa M. Brosius and John T. Brosius, wife and husband, as follows: Account Balance $ 2,469.05 Service Fee for 1 'h% per month (APR 18%) from 09/17/08 to 12/01/09 553.87 Reasonable Attorney's fee authorized 250.00 TOTAL $ 3,272.92 With a service fee on the principal sum ($2,469.005) from December 2, 2009, of 1 1/2% per month (APR 18%), plus costs of suit and attorney fees. T O C. CLARK, P.C. BY: , t/ ThoYnas C. Clark, Esquire Attorney for Plaintiff Filing Party Heister House Millworks, Inc., Plaintiff Attorney Thomas C. Clark Thomas C. Clark, P.C. 431 East Main Street P. O. Box 57 Middleburg, Pennsylvania 17842 (570) 837-0091 a? if HEISTER HOUSE MILLWORKS * IN THE COURT OF COMMON PLEAS INC., * OF THE 9TH JUDICIAL DISTRICT Plaintiff * OF PENNSYLVANIA * CUMBERLAND COUNTY BRANCH vs. * CIVIL ACTION LISA M. BROSIUS and JOHN T. BROSIUS, Defendants * NO. CV - 09 - 1393 COMPLAINT FOR CONFESSION FOR JUDGMENT FOR MONEY Plaintiff Heister House Millworks, Inc. Defendants Lisa M. Brosius John T. Brosius Plaintiff's Attorney Thomas C. Clark Thomas C. Clark, P.C. 431 East Main Street. P.O. Box 57 Middleburg, Pennsylvania 17842 (570) 837-0091 Defendants' Attorney HEISTER HOUSE MILLWORKS INC., Plaintiff VS. LISA M. BROSIUS and JOHN T. BROSIUS, Defendants * IN THE COURT OF COMMON PLEAS * OF THE 9TH JUDICIAL DISTRICT * OF PENNSYLVANIA * CUMBERLAND COUNTY BRANCH * * CIVIL ACTION * * * NO. CV - 09 - 1393 COMPLAINT FOR CONFESSION OF JUDGMENT FOR MONEY AND NOW, comes Plaintiff, Heister House Millworks, Inc., by its attorney, Thomas C. Clark, P.C., and files this Complaint For Confession of Judgment for Money as follows: 1. Plaintiff, Heister House Millworks, Inc. (hereinafter "Plaintiff'), has a principal place of business at 1937 Troup Valley Road, Mt. Pleasant Mills, Snyder County, Pennsylvania, 17853. 2. The Defendants, Lisa M. Brosius and John T. Brosius, wife and husband (hereinafter "Defendants"), are individuals with a last known address of 50 Oak Avenue, P.O. box 668, Camp Hill, Cumberland County, Pennsylvania, 17011. 3. On February 28, 2005, Defendants signed a Confession of Judgment as part of their Credit Application with Plaintiff on behalf of Lisa Brosius t/d/b/a LHC Design-Build, a true and correct copy of which is attached hereto as Exhibit "A". 4. Judgment is not being entered by confession against a natural person in connection with a consumer credit transaction. 5. The Account Guarantee has never been assigned. 6. Judgment has not been entered on the Account Guarantee in any jurisdiction. 7. The amount claimed to be due Plaintiff from Defendants on the Account Guarantee is: a. Account Balance $ 2,469.05 b. Service Fee for 1 '/z% per month (APR 18%) from 09/17/08 to 12/01/09 553.87 c. Reasonable Attorney's fee authorized 250.00 TOTAL. $ 3,272.92 WHEREFORE, Plaintiff demands judgment against Defendants in the sum of Three Thousand Two Hundred Seventy-two Dollars and Ninety-two Cents ($3,272.92) with service fee of 1 '/z% per month (APR 18%) from December 2, 2009, plus costs of suit, and attorney fees. Respectfully submitted, THOMAS C. CLARK, P.C. BY: vt Thomas C. Clark, Esquire Attorney for Plaintiff Atty. Id. # 7661 431 East Main Street P. O. Box 57 Middleburg, PA 17842 (570) 837-0091 VERIFICATION I, Bradley K. Lauver, President of Heister House Millworks, Inc., and duly authorized agent of Swineford National Bank, depose and say subject to the penalties of 18 Pa. C.S.A. §4904 relating to unsworn falsification to authorities. that the facts set forth in the foregoing Complaint in Confession of Judgment for Money are true and correct to my information and belief. radleyX. Lauver, President FLED Y? C Tp ZH, Q 0` C I I) Pry 2: 22 4a7. 50 p0 A"ml e?.? i to a.3? JUDGMENT NO. JW - 09 - 8(030 LAW OFFICE OF THOMAS C. CLARK, P.C. A PROFESSIONAL CORPORATION 431 EAST MAIN STREET P.O. BOX 57 MIDDLEBURG, PA /78420057 TELEPHONE 15701837-0091 FAX 15701 837-1360 CERTIFICATE OF ADDRESS OF PLAINTIFF AND DEFENDANTS IN BONDS OF JUDGMENTS OFFERED FOR RECORD. PLAINTIFF NAME: HEISTER HOUSE MILLWORKS, INC. DEFENDANTS NAME: LISA M. BROSIUS JOHN T. BROSIUS ADDRESS: 1937 TROUP VALLEY ROAD MT. PLEASANT MILLS, PA 17853 COUNTY: SNYDER STATE: PA ADDRESS: 50 OAK AVENUE, P.O. BOX 668 CAMP HILL, PA 17011 COUNTY: CUMBERLAND STATE: PA I HEREBY CERTIFY THAT THE ABOVE IS THE TRUE AND CORRECT ADDRESS OF THE ABOVE NAMED PLAINTIFF AND DEFENDANTS. "LED- ?t E 7 Tk NOTARY 2009 DEC ! S PH 2: 22 r ' L IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA HEISTER HOUSE MILLWORKS, INC. Plaintiff, V. LISA M. BROSIUS and JOHN T. BROSIUS, Defendants. CIVIL ACTION - LAW No. CV-09-8630 PETITION TO OPEN AND STRIKE JUDGMENT ORIGINAL UO ,ice] AND NOW, comes John T. Brosius, by and through his counsel, Kirk S. Sohonage, Esquire and files this Petition to Strike the Judgment entered against him in the above-captioned matter and in support thereof, avers the following: 1. John T. Brosius received a Notice of Judgment and Execution, without any prior action of which he was aware, from counsel for Heister House Millworks, Inc., on February 3, 2010. 2. This Petition to Open and Strike is timely in that it is being filed within thirty (30) days of the date of service of the Notice upon Mr. Brosius. 2. The reasons for the appeal are simple in that John T. Brosius never entered into a written or oral contract, agreement, or writing for any goods or services or as a Guarantor of any contract, agreement or writing with the Plaintiff. 3. Upon information and belief, the Plaintiff is well aware that John T. Brosius never entered into any agreement with them, yet they confessed judgment against him nonetheless. 1 JAWI@190 ti i 4. When a person is not a party to the written document upon which a confession of judgment is based, then he cannot be subject to the judgment and it should be opened and stricken. 5. The remaining named Defendant is the soon-to-be ex-wife of John T. Brosius, with a divorce action currently pending in the Cumberland County courts. WHEREFORE, John T. Brosius requests this Honorable Court either schedule a hearing on his Petition to Open and Strike Judgment or issue a Rule to Show Cause upon the Plaintiff as to Why Judgment Should Not Be Opened and Stricken. Dated: Z- Z S- 10 By: Respectfully submitted, Harrisburg, PA 17101 717.909.8160 ksohonage@schut erbogar.com 2 Attorney I.D. No. 77851 417 Walnut Street, 4tII Floor VERIFICATION The undersigned hereby verifies that the statements of fact in the foregoing document are true and correct to the best of my knowledge, information and belief. I understand that any false statements therein are subject to the penalties contained in 18 Pa. C. S. § 4904, relating to unsworn falsification to authorities. Dated: o? (o J T B osius L b LUIIJ? IN THE COURT OF COMMON PLEAS OF FEB CUMBERLAND COUNTY, PENNSYLVANIA HEISTER HOUSE MILLWORKS, INC Plaintiff, v. LISA M. BROSIUS and JOHN T. BROSIUS, Defendants. CIVIL ACTION - LAW No. CV-09-8630 ORDER yY1a4x,A II g0 ion AND NOW, upon review of Defendant John T. Brosius' Petition to Open and Strike Judgment, a Rule is hereby issued upon Plaintiff Heister House Millworks to Show Cause Why the Judgment Confessed against John T. Brosius should not be Opened and Stricken, with any Answer to such Rule to be presented at a hearing on this matter scheduled for *1-M4" A C? q , 2010, at PD: Ov o'clock G_m., in Courtroom No. 5 1 L .I,?izvu,s?tc.s h N F - ; r Q 3 HEISTER HOUSE MILLWORKS, INC., Plaintiff V. LISA M. BROSIUS and JOHN T. BROSIUS, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 09-8630 CIVIL TERM ORDER OF COURT AND NOW, this 24th day of March, 2010, the Court having directed the Plaintiff to show cause why Defendant John T. Brosius' petition to open and strike judgment should not be granted, and the plaintiff having failed to respond to that Rule and failed to appear here in open court, the Court directs that the petition to strike the judgment is GRANTED. The Court notes that the complaint had a fatal defect in that it failed to attach a writing which would assert Plaintiff's right to a judgment against either Defendant. Plaintiff shall have 20 days from this date to file an amended complaint. ?mas C. Clark Esquire For Plaintiff .,,Kirk S. Sohonage, Esquire For Defendants prs C© i ?S /riml ? gp,Lf/Id By the Court, Albert H. Maslanc, J. C7 N c;J t f HEISTER HOUSE MILLWORKS INC., Plaintiff VS. LISA M. BROSIUS and JOHN T. BROSIUS, Defendants IN THE COURT OF COMMON PLEAS OF THE 9TH JUDICIAL DISTRICT OF PENNSYLVANIA CUMBERLAND COUNTY BRANCH CIVIL ACTION NO. CV - 09 - 8630 PRAECIPE TO DISCONTINUE TO THE HONORABLE CURT LONG, PROTHONOTARY: Please mark the above captioned matter discontinued with prejudice. C. CLARK, P.C. LAW OFFICE OF THOMAS C. CLARK, P.C. A PROFESSIONAL CORPORATION 431 EAST MAIN STREET P.O. BOX 57 MIDDLEBURG. PA 17842-OOS7 TELEPHONE 13701 837-0091 FAX 13701 B37-1360 Date: April 13, 2010 V BY: (Ahom-as C. Clark Attorney for Plaintiff Atty. Id. #7661 431 East Main Street P.O. Box 57 Middleburg, PA 17842 (570) 837-0091