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Home My WebLink About10-0189- .,a -. Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 OF THE TAttt 2010 JAN -s rM 3+ 0 7 LIA A. FITZGERALD, Plaintiff V. MATTHEW C. FITZGERALD, Defendant :rRqr9JRT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. ?41d - 90 &,J CIVIL ACTION -LAW CONFESSION OF JUDGMENT Pursuant to the authority contained in the warrant of attorney, a copy of which is attached to the complaint filed in this action, I appear for the Defendant, Matthew C. Fitzgerald, and confess judgment in favor of the Plaintiff and against Defendant, Matthew C. Fitzgerald, as follows: Principal sum as of January 2, 2010 Costs of Suit Interest (at 10% per annum) Attorney's Fees TOTAL Dated: January 5, 2010 $ 30,000.00 $ 127.50 $ TBD $ 7.500.00 $ 37,627.50 Barbara Sumple-Sullivan, Esquire Attorney on behalf of Defendant Matthew C. Fitzgerald, pursuant to Confession of Judgment 549 Bridge Street New Cumberland, PA 17070-1931 (717) 774-1445 Supreme Court I.D. No. 32317 i 0 Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 LIA A. FITZGERALD, IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. MATTHEW C. FITZGERALD, Defendant NO. : CIVIL ACTION -LAW COMPLAINT FOR CONFESSION OF JUDGMENT AND NOW, Barbara Sumple-Sullivan, Esquire, Attorney of the Commonwealth of Pennsylvania, does hereby appear to enter judgment against Defendant, Matthew C. Fitzgerald, pursuant to Pa. R.C.P. 2950 et. seq. 1. 2. Plaintiff is Lia A. Fitzgerald, an adult individual residing at 4677 Mosey Lane, Blasdell, NY 14219. Defendant is Matthew C. Fitzgerald, an individual residing at 4 Foxfield Court, Mechanicsburg, PA 17050. 3. On April 2, 2009, Defendant executed a Judgment Note and Explanation of Rights for Judgment Note dated April 2, 2009. True and correct reproductions of same are attached hereto as Exhibit "A" and incorporated herein by reference. 4. The Judgment Note provides for payment in the amount of Thirty Thousand Dollars ($30,000.00) to Plaintiff, said sum due to be paid in full to Plaintiff on or before January 2, 2010. 5. Defendant has defaulted on said Judgment Note by failing to timely make the payment of Thirty Thousand Dollars ($30,000.00) to Plaintiff by January 2, 2010. 6. Page 1 of the Judgment Note provides Defendant authorized and encompasses Plaintiff, through her counsel, Barbara Sumple-Sullivan, Esquire, to confess judgment against Defendant in the amount of Thirty Thousand Dollars ($30,000.00) plus costs of suit, interest at the rate of ten percent (10%) per annum from date payment is due and continuing after confession and with twenty-five percent (25%) as reasonable attorney's fees for any violation of the provisions of the Judgment Note. 7. Pursuant to Page 1 of the Judgment Note, judgment in the amount of Thirty Thousand Dollars ($30,000.00), plus the following shall be entered: a. Costs of Suit and Service: $ 127.50 b. Interest at 10% per annum: $ TBD and continuing c. Attorney's Fees at 25%: $ 7,500.00 Additional Costs and Fees $ 7,627.50 and continuing interest Total Judgment $37,627.50 8. Pursuant to Page 2 of the Judgment Note, Defendant waived demand, presentment, notice of dishonor, diligence in collection, and notice of protest. 2 9. Judgment shall be entered against Defendant for Thirty-seven Thousand Six Hundred Twenty-seven Dollars and 501100 ($37,627.50), plus continuing interest. 10. The judgment is not being entered by confession against a natural person in connection with a consumer credit transaction. 11. There has been no assignment of the Judgment Note. 12. Judgment has not been entered on the Judgment Note in any jurisdiction. WHEREFORE, Plaintiff seeks judgment in an amount of Thirty-seven Thousand Six Hundred Twenty-seven Dollars and 501100 ($37,627.50), plus continuing interest through date of payment. Dated: January 5, 2010 Barbara Sumple-Sullivan, Esquire 549 Bridge Street New Cumberland, PA 17070-1931 (717) 774-1445 Supreme Court I.D. No. 32317 3 $30,000.00 0.00 April 2, 2009 Pennsylvania JUDGMENT NOTE FOR VALUE RECEIVED AND INTENDING TO BE LEGALLY BOUND, I, Matthew C. Fitzgerald (hereinafter "Debtor"), promise to pay Lia A. Fitzgerald (and her heirs, personal representatives, and permitted assigns) the principal amount of THIRTY THOUSAND DOLLARS ($30,000.00). Said sum shall be paid in full on or before January 2, 2010. /vo 1 " TrlteST Dtte- SO L- 0/v 6- AS A'30 goc)e). 00 JA/w Aft y Ze 2 o/ o T -o G/ - f-. F i T a Cre/?/?C-!7 TO FURTHER SECURE THE PAYMENT, the undersigned hereby irrevocably authorizes and hereby empowers Lia A. Fitzgerald, through her counsel, to appear for me 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 me at any time or times, and in her favor or the holder of this Note for the above sum, plus costs of suit, interest at the rate ° of #A& percent per annum from date payment is due and continuing after confession, and with twenty-five (25%} percent 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. Debtor hereby releases all errors and expressly waives 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 his heirs, executors, administrators, successors, and assigns. I hereby consent to venue in the Court of Common Pleas in Cumberland County, Pennsylvania. Protest Waived. IN WITNESS WHEREOF, and intending to be legally bound hereby, I execute this Note effective as of the day, month, and year first above written. WITNESS: d&MIV- af?(AL? 2 1. 1 EXPLANATION OF RIGHTS FOR JUDGMENT NOTE DATED APRIL 2, 2009 A. I, Matthew C. Fitzgerald (hereinafter "Obligor") clearly and specifically understand that by signing a Note dated April 2, 2009, in the amount of THIRTY THOUSAND DOLLARS ($30,000.00) payable to Lia A. Fitzgerald (hereinafter "Obligee") which contains a Confession of Judgment Clause: 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 OBLIGATORS WOULD HAVE THE FOLLOWING 1. The right to have notice and an opportunity to be heard prior to Judgment; 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 we have prior to signing the above-described Note, and clearly aware that these rights will be given up, waived, relinquished and abandoned if we sign the Note, we nevertheless freely and voluntarily choose to 2 sign the Note, our intention being to give up, waive, relinquish and abandon our known rights and subject ourselves to the circumstance described in Paragraph k"'"' above. eD. The undersigned Obligor hereby certifies thatshelis a signatory to a Note dated April 2, 2009, in favor of Obligee, which has a Confession of Judgment clause, have earnings of $10,000.00 or more per year. WITNESS: &M,/, "') - j?2A rn to 7th d subs befoa is 2nd ay of April, 009. Noblic My ommission expires: EAL] 3 Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 LIA A. FITZGERALD, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. MATTHEW C. FITZGERALD, Defendant NO. CIVIL ACTION -LAW VERIFICATION I, Barbara Sumple-Sullivan, Esquire, am the attorney for Lia A. Fitzgerald, who is outside of the jurisdiction of the court and verification cannot be obtained within the time allowed for filing of this Complaint. Therefore, I hereby make this verification and believe that I have sufficient knowledge or information and belief as Attorney for Lia A. Fitzgerald to make this Verification and that the facts set forth in the foregoing Petition are true and convect to the best of my knowledge, information and belief. Dated: January 5, 2010 Attorney for Plaintiff 549 Bridge Street New Cumberland, PA 17070 (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 LIA A. FITZGERALD, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. MATTHEW C. FITZGERALD, Defendant NO. l(?' Can CIVIL ACTION -LAW CERTIFICATE OF RESIDENCE I hereby certify that the precise residence of Plaintiff is: 4677 Mosey Lane, Blasdell, NY 14219 AND CERTIFY THAT THE LAST KNOWN ADDRESS OF THE WITHIN DEFENDANT IS: 4 Foxfield Court Mechanicsburg, PA 17050 Date: January 5, 2010 Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 LIA A. FITZGERALD, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. JO l ?? C,v, `I MATTHEW C. FITZGERALD, CIVIL ACTION -LAW Defendant NOTICE OF FILING JUDGMENT LXJ Notice is hereby given that a Judgment in the above captioned matter has been entered against you in the amount of ,' ? on January 5, 2010. 1p 31, b a 7. Saes (JX) A copy of all documents filed with the Prothonotary in support of the within judgment are enclosed. I- rothonotary / C' it Divi ion If you have any questions regarding this Notice, please contact the filing party: Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 (This Notice is given in accordance with Pa. R.C.P. 236.) NOTICE SENT TO: Mr. Matthew C. Fitzgerald 4 Foxfield Court Mechanicsburg, PA 17050 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson FLED-0? ICE Sheriff ,c ')TARY Jody S Smith ' Chief Deputy 2p10 JAN 13 A" 13' 25 Edward L Schorpp Solicitor CUI A Lia A. Fitzgerald . Case Number vs Matthew C. Fitzgerald 2010-189 SHERIFF'S RETURN OF SERVICE 01/11/2010 08:29 PM - Noah Cline, Deputy Sheriff, who being duly sworn according to law, states that on January 11, 2010 at 2029 hours, he served a true copy of the within Confession of Judgment, Complaint in Confession of Judgment and Notice of Filing Judgment, upon the within named defendant, to wit: Matthew C. Fitzgerald, by making known unto himself personally, at 4 Foxfield Court, Mechanicsburg, Cumberland County, Pennsylvania 17050 its contents and at the same time handing to him personally the said true an( correct copy of the same. SHERIFF COST: $29.50 January 12, 2010 SO ANSWERS, Y R ANDERSON, SHERIFF By Deputy Sheriff Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 LIA A. FITZGERALD, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2010 -0189 MATTHEW C. FITZGERALD, CIVIL ACTION -LAW Defendant PRAECIPE TO SATISFY JUDGMENT TO THE PROTHONOTARY: Please mark the above-captioned matter satisfied. Submitted, Dated: January 14, 2010 N ? 4 l .+ q r ' f ll C7 r o 1 t c -? Barbara Sumple-Sullivan, Esquire 549 Bridge Street New Cumberland, PA 17070-1931 (717) 774-1445 Supreme Court I.D. No. 32317 A . .. Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 LIA A. FITZGERALD, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2010 --0189 MATTHEW C. FITZGERALD, CIVIL ACTION -LAW Defendant CERTIFICATE OF SERVICE I, BARBARA SUMPLE-SULLIVAN, ESQUIRE, do hereby certify that on this date, I served a true and correct copy of a Praecipe to Satisfy Judgment, in the above- captioned matter upon the following individual(s), by United States first-class mail, postage prepaid, addressed as follows: Steven Howell, Esquire 619 Bridge Street New Cumberland, PA 17070 DATE: January 14, 2010 / Barbara Sumple-Sullivan, Esquire 549 Bridge Street New Cumberland, PA 17070-1931 (717) 774-1445 Supreme Court I.D. 32317