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HomeMy WebLinkAbout01-0640Eric H. W'd:t~ Plaintiff Martin L. Cook and Karen .1. Cook Defendants : :IN THE COURT OF COMMON PLEAS :CUMBERLAND COUNTY, PENNSYLVAN~, :C~/IL At; I 1ON COHPIJENT IN CONFESSION OF 3UDGHENT AND NOW comes Plaintiff, Eric H. Witte, and in support of this Complaint in Confession of Judgment avers the following: 1. Plaintiff herein, Eric H. Withe, is an adult individual currently residing at 2221 Buttonwood Circle, Harrisburg PA 17110. 2. Defendant, I~lartin L. Cook, is an adult individual whose last known address is 3803 Chippenham Road, klechanicsburg PA 17055. 3. Defendant, Karen J. Cook, is an adult individual whose last known addr~ is 3803 Chippenham Road, IVlechanicsburg PA 17055. COUNT The averments of Paragraphs 1 - 3 are incorporated herein by reference thereto as though set forth in their entirety. By instrument dated ]une 9, 1995, Defendants executed a ludgment Note in favor of Plaintiff in the sum of $25,000.00 (hereinafter referred to as ~Note 1'~. Pursuant to Note 1, Defendants were obligated to pay the prindpal sum of $25,000.00 together with interest of eleven percent (11.0 %) per annum, payable on or before December 9, 1996, as well as a five percent (5.0%) late fee if Defendants failed to pay any amount due within fifteen (15) calendar days of its due date. A true and correct copy of Note I is attached herete as Exhibit ~A" and incorporated by reference thereto. Defendants failed to make the payment due on December 9, 1996, and have thereafter refused to make any further payments. On February 3, 1997, the Defendants executed a Modification to Note 1 (the "Modification'9 wherein the Defendants acknowledged that as of December 7, 1996, the oub, kdnding principal and accrued interest was $29,125.00. 4 10. 11. 12. 13. 14. The Modification further established .June 7, 1997, as the new date upon which Note i was due and payable and modified bhe amount of Note i to $29,125.00 together with interest charges, late fees, and reasonable attorney's fees and costs. A true and correct copy of the Modification to Note 1 is attached hereto as Exhibit "B" and incorporated by reference thereto. Defendants failed to make the payment due on 3une 9, 1997, and have thereafter refused to make any further payments. Accordingly, pursuant to the terms of the instrument, the entire balance of Note 1 is currently due and owing. The amount due and owing from Defendants as of December 31, 2000, is principal, interest, and late fees of $56,541.49. Note 1 authorizes the Plaintiff to recover, in addition to prindpal and interest, charges, reasonable attorney's fees, and costs. Therefore, the Plaintiff makes a request for an additional sum of $2,500.00 as well as court filing fees of $14.50 for a total outstanding balance due of $59,055.99. 15. 16. 17. 18. 19. 20. The averments of Paragraphs 1 - 3 are incorporated herein by reference thereto as though set forth in their entirety. By instrument dated 3une 15, 1999, Defendants executed a .ludgment Note in favor of Plaintiff in the sum of $28,000.00 (hereinafter referred to as "Note 2'9. Pursuant to Note 2, Defendants were obligated to pay the principal sum of $28,000.00 together with interest of twelve and a half percent (12.5 %) per annum compounded annually on or before .]anuary 1, 2000. A true and correct copy of Note 2 is attached hereto as Exhibit "C" and incorporated by reference thereto. Defendants failed to make the payment due on January 1, 2000, and have thereafter refused to make any further payments. Accordingly, pursuant to the terms of the instrument, the entire balance of Note 2 is currently due and owing. The amount due and owing from Defendants as of December 31, 2000, is principal and interest of $34,073.15 21. 22. Note 2 authorizes the Plaintiff to recover, in addition to principal and interest, charges, reasonable attorney's fees at fifteen percent (15%), and costs and fees. Therefore, the Plaintiff makes a request for an additional sum of $5,110.97 as for a total outstanding balance due of $39,184.12. 23. 25. 26. 27. 28. 29. 30. COUNT III The averments of Paragraphs 1 - 3 are incorporated herein by reference thereto as though set forth in their entirety. By instrument dated .lune 15, 1999, Defendants executed a ~ludgment Note in favor of Plaintiff in the sum of $22,000.00 (hereinafter referred to as "Note 3'3. Pursuant to Note 3, Defendants were obligated to pay the principal sum of $22,000.00 together with interest of twelve and a half percent (12.5 %) per annum compounded annually on or before ,July 1, 2000. A true and correct copy of Note 3 is attached hereto as Exhibit "D" and incorporated by reference thereto. Defendants failed to make the payment due on .luly 1, 2000, and have thereafter refused to make any further payments. Accordingly, pursuant to the terms of the instrument, the entire balance of Note 3 is currenUy due and owing. The amount due and owing from Defendants as of December 31, 2000, is principal and interest of $26,771.76. Note 3 authorizes the Plaintiff to recover, in addition to principal and interest, charges, reasonable attorney's fees at fifteen percent (15%), and costs and fees. Therefore, the Plaintiff makes a request for an additional sum of $4,015.76 for a total outstanding balance due of $30,787.52. 31. 32. CONCLUSION With regard to Notes 1, 2, and 3, judgment is not being entered by confession against a natural person in connection with a consumer credit transaction. A Warrant of Attorney authorizing Confession of .Judgment against Defendants pursuant to Notes 1, 2, and 3 is attached hereto. 33. ludgment has not been entered on Notes 1, 2, and 3 in any jurisdiction. WHEREFORE, PlainUff respectfully demands judgment against Defendants in the amount of $1:)9,027.63 as authorized by the Warrant of Attorney attached hereto. Respectfully submi~ed, I Attorney I.B. 36031 1404 Montfort Drive Harrisburg PA 17110 {717} 238-1811 Attorney for Plaintiff VERZFZCATZON I, ERIC H. WI I I E, hereby verify that I am the Plaintiff and that the statements contained in the foregoing Complaint in Confession of ludgment are true and accurate to the best of my investigation and my knowledge, information, and belief. I understand that any false statements therein are subject to the criminal penalties contained in 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. Eric H. Witte Dated: _J ~-,-~v~,~,T 2.~ ,200~1 8 WARRANT OF AITORNEY Pursuant to the attached instruments, ! hereby confess judgment for Plaintiff and against Defendants in the amount of $1:29,0:27,63. Respectfully submitted, Mich&et L. Solomon,~_sq. Attorney I.D. 36031 1404 Monti:ort Drive Harrisburg PA 17110 (717) 238-1811 Attorney for Plaintiff 9 CERT~FI'CAT~ON OF ADDRESSES hereby certify that the addresses of the parties are: Mr. Mar'dn L. Cook 3803 Chippenham Road Mechanicsburg PA 17055 Mrs. Karen 3. Cook 3803 Chippenham Road Mechanicsburg PA 17055 Dated.'~ ~V ~,~7 Atto~ey I.D. 36031 1404 MonU:ort Ddve Harrisburg PA 17110 (717) 238-1811 Attorney for Plaintiff JUDGMENT NOTE $25,000.00 June 9, 1995 The undersigned, MARTIN L. COOK and KAREN J. COOK, ("MAKER"), will pay unto ERIC H. WITTE, ("HOLDER"), the sum of Twenty-five Thousand and XX/100 Dollars ($25,000.00) together with interest at a rate of eleven percent (11%) per annum. The outstanding principal balance together with interest and costs shall be due and payable on or before ~ 9, 1996. December If Holder has not received any amount due within fifteen (15) calendar days of its due date, Maker will pay a late charge to Holder equal to five percent (5%) of the past due amount. And further upon default of any payr~ent due herein I hereby authorize, irrevocably, the Prothonotary, Clerk of Court, or any Attorney of any Court of Record to appear for me in such Court, at any time (before or after maturity) and confess a Judgment against me in favor of any Holder of this Note without the filing of an averment of default, with release of errors, without stay of execution, for an amount equal to Twenty-five Thousand and XX/100 Dollars ($25,000.00) together with interest, charges, reasonable attorney's fees and costs, and I hereby waive and release all benefit and relief from any and all appraisement, stay or exemption laws of any state, now in force or hereafter to be passed. Witness Martin L. Cook Witness Karen J. Cook Commonwealth of Pennsylvania County of Dauphin On this the ~¥%~ day of June, 1995, before me the undersigned officer, personally appeared MARTIN L. COOK and E3~REN J. COOK, known to me, (or satisfactorily proven) to be the persons whose names are subscribed to the within instrument, and acknowledge that they executed the same for the purpose therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. My commission expires: 2011COOK.NOT NOTARIAL SEAL JANICE L MEADATH, N0mU Public Hard, burg, ~u~m oeumy My Commi~sion Expires S~p~ember. 24, 1998 Notary Public EXPLANATION OF RIGHTS A. I/We clearly and specifically understand that by signing a Note dated June 9, 1995, in the amount of $25,000.00, payable to ERIC H. WITTE, (hereinafter "HOLDER" which contains a Confession of Judgment clause: against me/us upon any real I/We will authorize the Holder to enter a judgment in Holder's favor which will give the Holder a lien estate which I/we may own, including my/our home; 2. I/We will give up the right to any notice or opportunity to be heard prior to the entry of this judgment on the records of the court; 3. I/We will agree that the Holder can enter this judgment without any proof of nonpayment or other default on my/our part; 4. I/We will subject all of my/our property, both personal property and real estate, to execution (and sheriff's sale), pursuant to this judgment, prior to proof of nonpayment or other default on my/our part; 5. I/We will be unable to challenge this judgment, should the Holder enter it, except by a proceeding to open or strike the judgment; and such a proceeding will result in attorney's fees and costs which I/we will have to pay; and 6. I/We know and understand that it is the Confession of Judgment clause in the above-described Note which gives the Holder the rights enumerated above. B. IF I/WE DO NOT SIGN A NOTE WHICH CONTAINS A CONFESSION OF JUDGMENT CLAUSE, I/WE UNDERSTAIqD THAT I/WE 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 rests upon the Holder before my/our property can be exposed to execution; and 3. The right to avoid the additional expense of attorney's fees and costs incident to opening or striking off confessed judgment. a C. I/We fully and completely understand these rights which I/we have received prior to signing the above-described Note and are clearly aware that these rights will be given up, waived, relinquished and abandoned if I/we sign the Note. Nevertheless, I/we freely and voluntarily choose to sign the Note, my/our intention being to give up, waive, relinquish and abandon my/our known rights (as described in Paragraph B above) and subject myself/ourselves to the circumstances described immediately above. Do conjugal document, I/We certify that the income of the undersigned, or (husband-wife) income with both spouses executing the is at least $10,000.00 annually. I/WE ~AVE READ THIS ENTIRE FORM AND I/WE FULLY UNDERSTAND ITS CONTENTS: Witness Witness Karen J. fCook Commonwealth of Pennsylvania County of Dauphin On this the q~w day of June, 1995, before me the undersigned officer, personally appeared MARTIN L. COOK and K~REN J. COOK, known to me, (or satisfactorily proven) to be the persons whose names are subscribed to the within instrument, and acknowledge that they executed the same for the purpose therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. My commission expires: Notary Public 2004EXPL.RGT NOTARIAL SEAL JANICE L. MEADATH, N0m~ ~ Ha~Hsbur~, Dauphin Ceunty My Commission ~xpires Septe111~£ 24, 1998 MODIFICATION TO NOTE This is a Modification to a certain Judgment Note by and between MARTIN L. COOK, and KAREN J. COOK, ("MAKER"), executed unto ERIC H. WITTE, ("HOLDER"), dated June 9, 1995, in the original principal amount of Twenty-five Thousand Dollars ($25,000.00). WHEREAS, Borrower has heretofore executed and delivered to Holder the Note; and WHEREAS, Borrower has requested and Holder has agreed to a modification of the terms thereof. NOW THEREFORE, in consideration of the promises, covenants and conditions contained in the Note and herein the parties agree as follows: 1. As of December 9, 1996, the outstanding principal, including accrued interest is $29,125.00 ("Principal,'). 2. The Note shall be due and payable on or before June 9, 1997. 3. The confession of judgment shall be modified to permit entry of a judgment of $29,125.00 together with interest, charges reasonable attorney's fees and costs. 4. Ail terms and conditions of the Note not in conflict with the modification contained herein shall be and remain in full force and effect. IN WITNESS WHEREOF, intending to be legally bound hereby, Borrower, set their hands and seals the day and year first above written. Karen' J~Cook Commonwealth of Pennsylvania County of Dauphin ~~, On this the ~ day of nQ~mh~_r, 199~, before me the undersigned officer, personally appeared MARTIN L. COOK and KAREN J. COOK, known to me, (or satisfactorily proven) to be the persons whose names are subscribed to the within instrument, and acknowledge that they executed the same for the purpose therein contained. IN WITNESS WHEREOF, My commission expires: 2058Cookwitte.MOD I hereunto set my hand and official seal. u. S-' NOTARIAL S~=,.AL j -~RLEY KEYS, Not~ Camp H/il, Curnberla~ NOTE $28,000.00 June 15, 1999 FOR VALUE RECEIVED, the undersigned, N4%RTIN L. COOK and KAREN J. COOK, ("MAKER) promises to pay to the order of ERIC H. WITTE ("HOLDER") at 2221 Buttonwood Circle, Harrisburg, PENNSYLVANIA, or at any other place that the Holder of this Note may designate in writing, the sum of Twenty-eight Thousand and XX/100 Dollars ($28,000.00) with interest at a rate of twelve and one-half percent (12.5%) per annum~ The outstanding principal together with interest, costs and fees, if any, shall be due and~ payable on or before January 1, 2000. ~co,~p0~~ Maker of this Note shall have the right to prepay the principal of this Note in whole or in part prior to its due date without fee, premium or penalty. On nonpayment of the aforesaid amount when due, the undersigned hereby authorizes, irrevocably, the Prothonotary or Clerk of Court, or any attorney of any Court of Record to appear for the said undersigned and confess a judgment against the undersigned in favor of any holder of this Note, with release of errors, without stay of execution, and for such amount as may appear to be unpaid thereon, together with charges, attorneys fees at fifteen percent (15%) and costs as herein provided, and the undersigned hereby waives and releases all benefit and relief from any and all appraisement, stay or exemption laws of any state now in force or hereafter to be passed. Failure to pay any part of the principal or interest of this Note when due shall authorize the holder of this Note to declare as immediately due and payable the then unpaid principal and interest and to exercise any and all the rights and remedies either at law or in equity possessed by the holder of this Note. witness W~ness Commonwealth of Pennsylvania County of Dauphin On this the 15th day of June, 1999, before me the undersigned officer, personally appeared MARTIN L. COOK and KAMEN J. COOK, known to me, (or satisfactorily proven) to be the person(s) whose names are subscribed to the within instrument, and acknowledge that they executed the same for the purpose therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. My commission expires: 2010BALL.NOT Notary Pub]~ic Notarial Seal KinVoerly O. Brown, Notary Pub~Tc Harrilburi, Oauahtn County My Commission Ex~ire$ Feb. 18, 2002 EXPLANATION OF RIGHTS A. I/We clearly and specifically understand that by signing a Note dated June 15, 1999, in the amount of $28,000.00, payable to ERIC H. WITTE, (hereinafter "HOLDER") which contains a Confession of Judgment clause: 1. I/We will authorize the Holder to enter a judgment against me/us in Holder's favor which will give the Holder a lien upon any real estate which I/we may own, including my/our home; 2. I/We will give up the right to any notice or opportunity to be heard prior to the entry of this judgment on the records of the court; 3. I/We will agree that the Holder can enter this judgment without any proof of nonpayment or other default on my/our part; 4. I/We will subject all of my/our property, both personal property and real estate, to execution (and sheriff's sale), pursuant to this judgment, prior to proof of nonpayment or other default on my/our part; 5. I/We will be unable to challenge this judgment, should the Holder enter it, except by a proceeding to open or strike the judgment; and such a proceeding will result in attorney's fees and costs which I/we will have to pay; and 6. I/We know and understand that it is the Confession of Judgment clause in the above-described Note which gives the Holder the rights enumerated above. B. IF I/WE DO NOT SIGN A NOTE WHICH CONTAINS A CONFESSION OF JUDGMENT CLAUSE, I/WE UNDERSTAND THAT I/WE 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 rests upon the Holder before my/our property can be exposed to execution; and 3. The right to avoid the additional expense of attorney's fees and costs incident to opening or striking off confessed judgment. a C. I/We fully and completely understand these rights which I/we have received prior to signing the above-described Note and are clearly aware that these rights will be given up, waived, relinquished and abandoned if I/we sign the Note. Nevertheless, I/we freely and voluntarily choose to sign the Note, my/our intention being to give up, waive, relinquish and abandon my/our known rights (as described in Paragraph B above) and subject myself/ourselves to the circumstances described immediately above. D. I/We certify that the income of the undersigned, or conjugal (husband-wife) income with both spouses executing the document, is at least $10,000.00 annually. I/WE HAVE READ THIS ITS CONTENTS: Wit~is s ~/ .~ Wi Cor~monwealth of Pennsylvania County of Dauphin ENTIRE FORM AND I/WE FULLY UNDERSTAND On this the 15th day of June, 1999, before me the undersigned officer, personally appeared MARTIN L. COOK and KAREN J. COOK, known to me, (or satisfactorily proven) to be the persons whose names are subscribed to the within instrument, and acknowledge that they executed the same for the purpose therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. My commission expires: Notary P~blic 2004EXPL.RGT Notarial Seat KIr~erly D. B~*own, Notary Pubic Harrisburg, Dauphin County My Commission Expires Feb. 18, 2002 NOTE $22,000.00 June 15, 1999 FOR VALUE RECEIVED, the undersigned, MARTIN L. COOK and KAREN J. COOK, ("MAKER) promises to pay to the order of ERIC WITTE (,,HOLDER") at 2221 Buttonwood Circle, Harrisburg, PENNSYLVANIA, or at any other place that the Holder of this Note may designate in writing, the sum of Twenty-two Thousand and XX/100 Dollars ($22,000.00) with i~terest at a rate of twelve and~ one-half percent (12.5%) per annum~ The outstanding principal balance together with interest, costs and fees, if any, shall be~ due and payable on or before July 1, 2000. Maker of this Note shall have the right to prepay the principal of this Note in whole or in part prior to its due date without fee, premium or penalty. On nonpayment of the aforesaid amount when due, the undersigned hereby authorizes, irrevocably, the Prothonotary or Clerk of Court, or any attorney of any Court of Record to appear for the said undersigned and confess a judgment against the undersigned in favor of any holder of this Note, with release of errors, without stay of execution, and for such amount as may appear to be unpaid thereon, together with charges, attorneys fees at fifteen percent (15%) and costs as herein provided, and the undersigned hereby waives and releases all benefit and relief from any and all appraisement, stay or exemption laws of any state now in force or hereafter to be passed. Failure to pay any part of the principal or interest of this Note when due shall authorize the holder of this Note to declare as immediately due and payable the then unpaid principal and interest and to exercise any and all the rights and remedies either at law or in equity possessed by the holder of this Note. Mart~n L. Cook Commonwealth of Pennsylvania County of Dauphin On this the 15th day of June, 1999, before me the undersigned officer, personally appeared MARTIN L. COOK and KAREN J. COOK, known to me, (or satisfactorily proven) to be the person(s) whose names are subscribed to the within instrument, and acknowledge that they executed the same for the purpose therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. My commission expires: 2010BALL.NOT /N'o~ary P~lic ~/~ Notarial Seal Kimberly O. Brown, Notary Public Harrisburg, Dauphin County My Commission Exr~ires Feb. 18, 2002 EXPLANATION OF RIGHTS A. I/We clearly and specifically understand that by signing a Note dated June 15, 1999, in the amount of $22,000.00, payable to ERIC H. WITTE, (hereinafter "HOLDER") which contains a Confession of Judgment clause: 1. I/We will authorize the Holder to enter a judgment against me/us in Holder's favor which will give the Holder a lien upon any real estate which I/we may own, including my/our home; 2. I/We will give up the right to any notice or opportunity to be heard prior to the entry of this judgment on the records of the court; 3. I/We will agree that the Holder can enter this judgment without any proof of nonpayment or other default on my/our part; 4. I/We will subject all of my/our property, both personal property and real estate, to execution (and sheriff's sale), pursuant to this judgment, prior to proof of nonpayment or other default on my/our part; 5. I/We will be unable to challenge this judgment, should the Holder enter it, except by a proceeding to open or strike the judgment; and such a proceeding will result in attorney's fees and costs which I/we will have to pay; and 6. I/We know and understand that it is the Confession of Judgment clause in the above-described Note which gives the Holder the rights enumerated above. B. IF I/WE DO NOT SIGN A NOTE WHICH CONTAINS A CONFESSION OF 0-JDGMENT CLAUSE, I/WE LrNDERSTAND THAT I/WE 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 rests upon the Holder before my/our property can be exposed to execution; and 3. The right to avoid the additional expense of attorney's fees and costs incident to opening or striking off confessed judgment. a C. I/We fully and completely understand these rights which I/we have received prior to signing the above-described Note and are clearly aware that these rights will be given up, waived, relinquished and abandoned if I/we sign the Note. Nevertheless, I/we freely and voluntarily choose to sign the Note, my/our intention being to give up, waive, relinquish and abandon my/our known rights (as described in Paragraph B above) and subject myself/ourselves to the circumstances described immediately above. D. I/We certify that the income of the undersigned, or conjugal (husband-wife) income with both spouses executing the document, is at least $10,000.00 annually. I/WE HAVE READ THIS ENTIRE FORM AND I/WE FULLY UNDERSTAND ITS CONTENTS: Commonwealth of Pennsylvania County of Dauphin MarGin Ii. Cook Karen J. Cook On this the 15th day of June, 1999, before me the undersigned officer, personally appeared MARTIN L. COOK and KAREN J. COOK, known to me, (or satisfactorily proven) to be the persons whose names are subscribed to the within instrument, and acknowledge that they executed the same for the purpose therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. My commission expires: 2004EXPL.RG Notar~r Seat Kimberfy D. 8town, Notary Public Harri~urg, Dauphin County My Commission F..?ire$ Feb. 18, 2002 Eric H. Witte Plaintiff V. Martin L. Cook and Karen J. Cook Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO. CIVIL ACTION CONFESSION OF JUDGMENT Pursuant to the authority contained in the Warrant(s) of Attorney, true and correct copies of which are attached to the Complaint filed in this action, I appear for the Defendants and confess judgment in favor of the Plaintiff, and against the Defendants, as follows: (a) Unpaid principal balance $75,000.00 (b) Interest and late fees $42,386.40 (c) Attorney fees and costs $11,641.23 TOTAL AMOUNT CONFESSED $129,027.63 Dated: 3J~,~/J:~ "~ , 2001 Respectfully submitted, Attorney I.D. 36031 1404 Montfort Drive Harrisburg, PA 17110 (717) 238-1811 Attorney for Plaintiff Eric H. Witte Plaintiff V. Martin L. Cook and Karen J. Cook Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA No. CIVIL ACTION Notice Under Rule 2958.1 of Judgment and Execution Thereon Notice of Defendants' Rights To: Martin L, Cook and Karen J. Cook Defendants A Judgment in the amount of $129,027.63 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(s) or other paper(s) allegedly signed by you. The sheriff may take your money or other property to pay the judgment at any time after thirty (30) days after the date 0n 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: Cumberland County Lawyer Referral Service 2 Liberty Avenue Cadisle, PA 17013 (717) 249-3166 (800) 991-9108 (PA only) Michael L. Solomon 1404 Montfort Drive Harrisburg, PA 17110 (717) 238-1811 Attorney for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CARLISLE, PENNSYLVANIA JONATHAN M. WITTE, Administrator of: The Estate of ERIC H. WITTE, Deceased, Plaintiff No. 01-640 Civil vs. Civil Action MARTIN L. COOK and KAREN J. COOK, Defendants PRAEClPE FOR SUGGESTION OF DEATH and CHANGE IN CASE CAPTION To the Prothonotary: AND NOW, this 20th day of April 2001, it is suggested that the plaintiff, ERIC H. WITTE, died on March 22, 2001, in Dauphin County, Pennsylvania, leaving JONATHAN M. WITTE as the Administrator of the Estate of Eric H. Witte. Therefore, the name of the plaintiff is hereby changed on the caption to "Jonathan M. Witte, Administrator of the Estate of Eric H. Witte, Deceased." Dated: ~c e . Solomor,, Esq. Attorney ID #36031 212 Locust Street, 5th Floor Harrisburg, PA 17101 (717) 255-7600 Attorney for Plaintiff Michael L. Solomon At'~omey ID #36031 212 Locust Street. Suite 500 Harrisburg. PA 17101 (717) 255-7600 Attorney. for Plaintiff COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PA ERIC H. WITTE, Plaintiff, VS. MART1N L. COOK, KAREN J. COOK, Defendants Case No.: No. 01-640 Civil AFFIDAVIT OF SERVICE The undersigned hereby certifies that a Confession of Judgment with accompanying Complaint, Notice Under Rule 2958.1, Certification of Addresses and Warrant of Attorney were duly served upon the above captioned Defendants by mail under Rule 403 on February 14, 2001. A return receipt signed by each Defendant is attached hereto as Exhibit "A'. This Affidavit is made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities. Dated this 27th day of March, 2001 Attorney ID #36031 212 Locust Street, Suite 500 Harrisburg, PA 17101 (7 / 7) 255-7600 -1 · Complete items 1, 2, and 3. Also complete item 4 if Restrioted 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 mailpieca, or on the front if space pem3its. 1. Article Addressed to: l'7o5S 2. ~o[~,"umW (¢o~y f~o~ ~i~ I.~ol) 70 ~ PS Form 3811, July 1999 Received by (Please Pdnt Clearly) Date of Delivery C. Si nature ^ t D.Is delivery address different fi'om itenl 1 ? t-I Yes If YES, enter delivery address below: [] No [~ ctq.rtified Mail [] Expr~l Mail Domestic Return Receipt 102595-00-M-0952 · Complete items 1, 2, and 3. Also complete so that we c~ return the card to you, · Attach this Card to the back of the mallplece, or on the front if space pen-nits. 1. Artiche Addmsead to; ~ -~ o$~ PS Form 3811, July 1999 If YES eddreas below; Insured Mail I"l C.O.D. ~ Domesti~ Return Receipt 102595*00-M-0952 EXHIBIT "A"