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HomeMy WebLinkAbout10-3360 MARK T. SILLIKER, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 10 - ZjNoO (2-w PATTI MATLOCK, Defendant CIVIL ACTION -LAW CONFESSION OF JUDGMENT Pursuant to the authority contained in the warrant of attorney, the original of which is attached to this action, I appear for the Defendant and confess judgment in favor of the Plaintiff against Defendant as follows: r t'- ..i 41 Amount: $22,877.48 ?' == Date: U BY Mark T. Silliker *a'7. 5o PO W r?1 CI?* '23853 12# aq a 3-78 ?ec. moo/ I MARK T. SILLIKER, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 330 cā€ž'I 41er, PATTI MATLOCK, Defendant CIVIL ACTION -LAW COMPLAINT AND NOW comes the Plaintiff, Mark T. Silliker, Esquire, and respectfully sets forth the following: 1. Plaintiff, Mark T. Silliker, is a practicing attorney with a business address of 5922 Linglestown Road, Harrisburg, Dauphin County, Pennsylvania 17112. 2. Defendant, Patti Matlock, is an adult individual currently residing at 509 Woodcrest Drive, Mechanicsburg, Cumberland County, Pennsylvania 17050. 3. Over the last two years, Plaintiff s firm, The Law Offices of Silliker and Reinhold, has performed legal services for Defendant, Patti Matlock, in the amount of $22,877.48. Defendant acknowledges that this amount is outstanding and otherwise due and owing to the Plaintiff. 4. Defendant, Patti Matlock, has voluntarily executed a Note as well as Explanation of Rights (Full Confession) regarding her debt owed to the Plaintiff, and said documents are attached to this Complaint. Furthermore, it is the desire of the parties that these documents be filed with this Honorable Court, and become a lien against the property of the Defendant, Patti Matlock. WHEREFORE, Plaintiff, Mark T. Silliker, requests this Honorable Court enter judgment on his behalf against Defendant, Patti Matlock. Date: Respectfully submitted, THE LAW OFFICES OF SILLIKER & REINHOLD Mark T. Silliker, Esquire 5922 Linglestown Road Harrisburg, PA 17112 (717) 671-1500 I.D. No. 33671 NOTE DUE ON DEMAND $22,877.48 ON DEMAND, the undersigned, Patti Matlock, (hereinafter called the "Obligor"), promises to pay to the order of Mark T. Silliker, Dauphin County, Pennsylvania, or at such other place as the holder may, from time to time, direct that Obligor in writing, the principal sum of Twenty Two Thousand Eight Hundred Seventy Seven Dollars and Forty Eight Cents ($22,877.48) lawful money of the United States of America, for value received. AND FURTHER, the said Obligor does empower any attorney of any court of record within the United States or elsewhere to appear for her and confess judgment against her, as of any term for the above sum with costs of suit and attorney's commission of five percent (5%) for collection and release of all errors, and without stay of execution and inquisition and extension upon any levy on real estate is hereby waived, and condemnation agreed to and the exemption of personal property from levy and sale on any execution herein is also expressly waived, and no benefit of exemption be claimed under and by virtue of any exemption law now in force or which may be hereafter passed. The Obligor, maker, endorser, and all parties to this Note hereby waive presentment for payment, demand, notice of demand, notice of non-payment or dishonor, protest and notice of protest and non-payment thereof. This Note does not arise from a consumer transaction. It is the intention of the party hereto to be legally bound by the terms of this Note. IN WITNESS WHEREOF, the said Obligor executes this note as of the date below written. OBLIGOR: (/y Patti atlock Date: j IF I DO NOT SIGN A NOTE WHICH CONTAINS A CONFESSION OF JUDGMENT CLAUSE I UNDERSTAND THAT I 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 Plaintiff before my property can be exposed to execution; 3) The right to avoid the additional expense of Attorney's fees and costs incident to opening or striking off a confessed 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 if I 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 (as described in paragraph B above) and subject myself to the circumstances described in paragraph A above. D) The undersigned hereby further certifies that she, The Signatory to a demand a note dated M a 0 11) , which has a judgment clause entered, has earnings in excess of 10,000.00 per year. I have read this entire form and I fully understand its contents Patti Matlock Sworn to and subscriped before me this ā€ž3" day of , 2010. Notary Public COMMONWEALTH OF PENN I NOTARIAL SEAL Renee Dreisbach, Notary Pubno Lower Paxton Twp. Dauphin Count/ M COMMISelon Ex {res Nov. 30 2010 Alt+?;+n.n, ??e r ;9 ?,_1!! Y' FR EXPLANATION OF RIGHTS (Full Confession) A) I clearly and specifically understand that by signing a note dated, Mam 3 ' O 10 , in the amount of $22,877.48 payable to Mark T. Silliker which cc tains a judgment clause. 1) I will authorize Mark T. Silliker, Plaintiff (Creditor) to enter a judgment against me in its favor which will give the Plaintiff a lien upon any real estate which I may own, including my home; 2) I will give up the right to any notice or opportunity to be heard prior to the entry of his judgment on the records of the court; 3) I will agree that Mark T. Silliker, Plaintiff (Creditor) can enter this judgment without any proof of non-payment or other default on my part; 4) I will subject all of my property, both personal property and real estate, to execution (and Sheriff s sale); pursuant to this judgment, prior to proof of non- payment or other default on my part; 5) I will be unable to challenge this judgment should the Plaintiff 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 will have to pay. B) I know and understand that it is the confession of Judgment clause in the above- described note which gives Plaintiff the rights enumerated in sub-paragraphs 1 through 5 of paragraph A above. MARK T. SILLIKER, Plaintiff V. PATTI MATLOCK, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 10 -331oa 1 Terot : CIVIL ACTION -LAW CERTIFICATE OF RESIDENCE c' The undersigned hereby certifies the following: 1. The Plaintiff, Mark T. Silliker, is a lawful, licensed attorney in the State of Pennsylvania. 2. The address if the Plaintiff, Mark T. Silliker, is 5922 Linglestown Road, Harrisburg, Pennsylvania 17112. 3. The last known address of Defendant Patti Matlock, to the best of the undersigned's knowledge, information, and belief, is 509 Woodcrest Drive, Mechanicsburg, Cumberland County, Pennsylvania. 17050. Date: ?? By: v Mark T. Silliker 5922 Linglestown Road Harrisburg, PA 17101 (717) 671-1500 MARK T. SILLIKER, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 10 - 33(00 -Ivi I T+?~N c7 ., PATTI MATLOCK CIVIL ACTION -LAW f7l ?. A, n,- Defendant AFFIDAVIT OF NONMELITARY SERVICE C ._ .a r 6 Mark T. Silliker, being duly sworn according to law, deposes and says: 1. I am an attorney licensed to practice law in the State of Pennsylvania, with an office address of 5922 Linglestown Road, Harrisburg, Dauphin County, Pennsylvania. 2. I have known and worked with the Defendant, Patti Matlock, for a period in excess of one year. 3. At no time has the Defendant advised me or given me reason to believe that she is in the military or naval service of the United States of America. 4. To the best of my knowledge, information, and belief, Defendant Patti Matlock, is not in the military or naval service of the United States of America. ®$ Date: Mark T. Silliker Sworn to and subsc?}bed before me this r?day of Mal, i , 2010. Notary Public ENN V EAL 14 111111 . ENIM otary Pubile auphln Co101 Nov. 30 20 O 11 '•? i .. . ? ,f, .. ?rt y. ?? MARK T. SILLIKER, Plaintiff V. PATTI MATLOCK, Defendant TO: Patti Matlock IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 10,3-NeD Onvi1-Te- r CIVIL ACTION -LAW You are hereby notified that on 1 , 2010, judgment by confession was entered against you in the sum of $22,07.48 in the above-captioned case. Date: "_ / A-'? Prothonotary 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 BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 Telephone: (717) 249-3166 I hereby certify that the following is the address of the Defendant stated in the Certificate of Residence: Patti Matlock, 509 Woodcrest Drive, Mechanicsburg, PA 17050 By: Mark T. Silliker Patti Matlock Per este medio sea avisado que en el dia de , 2010, un fallo por admission fue registrado contra usted por la contidad de $22,877.48 del caso antes escrito. Fecha: el dia de 92010. Prothonotario LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATEAMENTE. SI NO TIENE ABOGADO O SI NO TIENE EL DINOER SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA O LLAME POR TELEPHONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 Telephone: (717) 249-3166 Por este medio certifico que to siguiente es la direccion del demandado dicho en el certificado de residencia: Patti Matlock, 509 Woodcrest Drive, Mechanicsburg, PA 17050 By: ark T. Silliker MARK T. SILLIKER, Plaintiff v. PATTI HAYCOCK, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 10-3360 CIVIL TERM CIVIL ACTION -LAW n c -c.,,-~ r--- r,. ~,: -- ~~ i °;.= ~= "S w a d ~. i~ -c~ (Jt.' ~~.:? --+ ~_ -.~ ~=- ~- `-; ~~' ~~ _ -z=; ;D ..C ACCEPTANCE OF SERVICE I, Patti Matlock, Defendant in the above-captioned matter, hereby certify that I accept service of a Confession of Judgment in the above-captioned matter on or about 2010, by first-class mail, postage prepaid. I hereby certify that the aforegoing is 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. Date: Pa i atlock MARK T. SILLIKER, Plaintiff V. PATTI MATLOCK, Defendant TO THE PROTHONOTARY: IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2010-03360 Civil Term CIVIL ACTION -LAW PRAECIPE 1 r _ 6' rn Please mark the above-captioned judgment as satisfied in full and therefore settled and otherwise dismissed. Date: _- l? Respectfully Submitted, THE LAW OFFICES OF SILLIKER & OLD r' Mark T. Silliker, Esquire 5922 Linglestown Road Harrisburg, PA 1.7112 I.D. No. 33671 (717) 671-1500 Plaintiff lie .6a r???%-? erg aVZ1S- rte-- -2,V9?3s3