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Home My WebLink About10-40820 P,LEL, s LAW OFFICES OF PETER J. RUSSO, P.C. BY: Elizabeth J. Saylor, Esquire ?„ -? ?' 2??? i? PA Supreme Court ID: 200139 , . 5006 E. Trindle Road, Suite 100 E CUt,? Mechanicsbur , PA 17050 g E rc N lv;,YA Telephone: (717) 591-1755 Facsimile: (717) 591-1756 Email: Isaylor@pjdaw.com LAW OFFICES OF PETER J. IN THE COURT OF COMMON PLEAS RUSSO, P.C., OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff CIVIL ACTION - LAW V. JUAN RIVERA AND NO. 2010- CIVIL TERM CONSTANCE RIVERA Defendants Notice Under Rule 2958.1 Of Judgment and Execution Thereon Notice of Defendant's Rights To: Juan and Constance Rivera A judgment in the amount of $6,151.00 plus costs of suit 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 other property to pay the judgment at any time after thirty (30) days after the date on which this notice is served on you. _ DATE: hoyb honotary 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. ,V V6 (2K--JI 31-81 aq-lib3 /1ota--?,I? L k- YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY BAR ASSOCIATION 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 LAW OFFICES OF PETER J. RUSSO, P.C. Attomeqt for'Maintiffs Peter J. Russo, Esquire I D # 72897 -4:? Elizabeth J. Saylor, Esquire ID # 200139 5006 E. Trindle Road, Suite 100 Mechanicsburg, PA 17050 PH: (717) 591-1755 FX: (717) 591-1756 0 0 AMOUNT DATE AND PLACE $6,151.00 April 27 , 2009 Cumberland County, PA PROMISSORY JUDGMENT NOTE FOR VALUE RECEIVED AND INTENDING TO BE LEGALLY BOUND, Juan and Constance Rivera of Mechanicsburg, Pennsylvania, jointly and severally (hereinafter whether singular or plural called the "Maker") promise to pay Law Offices of Peter J. Russo, P.C. at 5006 E. Trindle Road, Suite 100, Mechanicsburg, PA 17050 (hereinafter called the "Holder") the principal sum of Six Thousand One Hundred Fifty One Dollars and Zero Cents ($6,151.00) lawful money of the United States of America as well as any additional accrued sum due and outstanding as a result of further legal services rendered by Holder from the date of this Note forward. Monthly payments of Two Hundred No/100 Dollars ($200.00) shall be made on the first day of every month until the principal sum and any additional accrued sum due and outstanding, is paid in full (hereinafter full amount). The full amount due hereunder shall be due and payable on demand by Holder, and, in no event be later than six (6) months after the legal matter is resolved. Maker does hereby empower the Prothonotary, clerk of court, or any attorney of any court of record in the Commonwealth of Pennsylvania, at any time before or after maturity whether or not any default has occurred, to appear for it and, with or without declaration filed, confess judgment against it for the above sum with costs of suit, release of errors, and with out stay of execution, and with (5%) percent added as part of the judgment for attorney's fees for collection. Maker fully understands and agrees to the attached Explanation of Rights which is incorporated herein by reference. THIS NOTE MAY BE RECORDED AS A JUDGMENT AGAINST THE MAKER WITHOUT PREVIOUS NOTICE TO MAKER AND MAY HAVE.AN IMPACT UPON THE CREDIT HISTORY OF THE MAKER. The failure of Holder to declare this Note due and payable on the Maturity Date shall not constitute a waiver of any of Holder's remedies, and the same shall be available to Holder until such time as this Note is satisfied. The words "Holder" and "Maker" whenever occurring herein shall be deemed and construed to include the respective heirs, successors and assigns of Holder and Maker, and the term "Maker" shall be deemed and construed to include the singular, as well as the plural, and the masculine, feminine and neuter gender, or vice versa. This instrument shall be construed according to and governed by the laws of the Commonwealth of Pennsylvania. • • EXPLANATION OF RIGHTS A. I clearly and specifically understand that by signing the foregoing Promissory Judgment Note dated even date herewith in the principal sum of Six Thousand One Hundred Fifty One Dollars and Zero Cents ($6,15 1.00) (the "Note") payable to Law Offices of Peter J. Russo, P.C. (hereinafter "Holder") which contains a confession of judgment clause: 1. I will authorize the Holder to enter a judgment against me in Holder's favor, which will give the Holder 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 this judgment on the records of the court. 3. I will agree that the Holder can enter this judgment without any proof of nonpayment or other default on my part. 4. I will subject all of my property, both personal property and real estate, to execution (and sheriff sale) pursuant to this judgment prior to proof of nonpayment or other default on my part. 5. I 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 will have to pay. 6. I know and understand that it is the confession of judgment clause in the Note. B. IF I DO NOT SIGN A NOTE WHICH CONTAINS A CONFESSION OF JUDGMENT CLAUSE, I UNDERSTAND 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 rests upon the Holder before my property can be exposed to execution. 3. The right to avoid the additional expense of attorneys' fees and costs incident to the opening or striking off a confessed judgment. C. I fully and completely understand these rights, which I have received prior to signing the Note and am clearly aware that these rights will be given up, waived, relinquished and abandoned if I sign the Note. Nevertheless, I 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 immediately above. • • D. I hereby certify that I, a signatory to the Note, which has a confession of judgment clause, have earnings of $10,000.00 or more per year. I HAVE READ THIS ENTIRE FORM AND FULLY UNDERSTAND ITS CONTENTS Witness for Juan Rivera Date: Witness for Constance Rivera Date: uan Rivera Date: tf?o* c? stan ce Rivera Date: q1 a ?/L g LAW OFFICES OF PETER J. RUSSO, P.C. BY: Elizabeth J. Saylor, Esquire PA Supreme Court ID: 200139 5006 E. Trindle Road, Suite 100 Mechanicsburg, PA 17050 Telephone: (717) 591-1755 Facsimile: (717) 591-1756 Email: Isaylor@pjdaw.com LAW OFFICES OF PETER J. IN THE COURT OF COMMON PLEAS RUSSO, P.C., OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff CIVIL ACTION - LAW V. JUAN RIVERA AND NO. 2010- CIVIL TERM CONSTANCE RIVERA Defendants AFFIDAVIT I, Elizabeth J. Saylor, Esquire, being duly sworn according to law, deposes and says the following: 1. I am the Plaintiffs attorney in the above action; and 2. Judgment is not being entered by confession against a natural person in connection with a consumer credit transaction. LAW. jOFFICES OF PETER J. FUSSO, P.C. Attorneys for Plaintiffs Peter J. Russo, Esquire I D # 72897 abeth J. Saylor, Esquire I D # 200139 5006 E. Trindle Road, Suite 100 Mechanicsburg, PA 17050 PH: (717) 591-1755 FX: (717) 591-1756 1 LAW OFFICES OF PETER J. RUSSO, P.C. BY: Elizabeth J. Saylor, Esquire PA Supreme Court ID: 200139 5006 E. Trindle Road, Suite 100 Mechanicsburg, PA 17050 Telephone: (717) 591-1755 Facsimile: (717) 591-1756 Email: Isaylor@pjdaw.com LAW OFFICES OF PETER J. RUSSO, P.C., Plaintiff V. JUAN RIVERA AND CONSTANCE RIVERA Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2010- CIVIL TERM CERTIFICATE OF RESIDENCE I, Elizabeth J. Saylor, hereby certify that the last known mailing address of the Defendants is indicated below: Juan and Constance Rivera 2032 Harvest Drive Mechanicsburg, PA 17055 I, Elizabeth J. Saylor, hereby certify that the last known mailing address of the Plaintiff is indicated below: The Law Offices of Peter J. Russo, P.C. 5006 E. Trindle Road, Suite 100 Mechanicsburg, PA 17050 Date: Elizabeth J. Saylor, Esquire SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor ilot"'tr nt k nimble "t nF )F I . t ? .? t .'•' 2312 P P -7 PH 12'. 44 PihlS f lVA Law Offices of Peter J. Russo, PC vs. Juan D. Rivera (et al.) Case Number 2010-4082 SHERIFF'S RETURN OF SERVICE 02/03/2012 01:52 PM - Gerald Worthington, Deputy Sheriff, who being duly sworn according to law, states that on February 3, 2012 at 1350 hours, attached as herein commanded all goods, chattels, rights, debts, credits, and monies of the within named defendants, to wit: Juan Rivera and Constance Rivera, in the hands, possession, or control of the within named garnishee, Metro Bank, 4860 Carlisle Pike, Mechanicsburg, Cumberland County, Pennsylvania, 17055 by handing to Alyssa Fornelli, Assistant Head Teller, personally three copies of interrogatories together with three true and attested copies of the writ of execution and made the contents there of known to her. The writ of execution and notice to defendant was mailed on February 6, 2012 to Juan Rivera at 2032 Harvest Drive, Mechanicsburg, PA 17055 and to Constance Rivera at 2032 Harvest Drive, Mechanicsburg, PA 17055. SO ANSWERS, February 06, 2012 RON R ANDERSON, SHERIFF .-2!;LW i A lv(? ?-'- Ger ld Worthington eputy Gbu;` to .,her r t-sut1, Ic..; SHERIFF'S OFFICE OF CUMBERLAND COUNTY ,ny R Anderson eriff F f'! Jody S Smithb r? ,? ay { Chief Deputy .`N7 FEB 14 AM : f' € Richard W Stewart Solicitor 1 BE fk _ A f v U ? j L; Law Offices of Peter J. Russo, PC vs. Case Number Juan D. Rivera (et al.) 2010-4082 SHERIFF'S RETURN OF SERVICE 02/03/2012 01:52 PM - Gerald Worthington, Deputy Sheriff, who being duly sworn according to law, states that on February 3, 2012 at 1350 hours, attached as herein commanded all goods, chattels, rights, debts, credits, and monies of the within named defendants, to wit: Juan Rivera and Constance Rivera, in the hands, possession, or control of the within named garnishee, Metro Bank, 4860 Carlisle Pike, Mechanicsburg, Cumberland County, Pennsylvania, 17055 by handing to Alyssa Fornelli, Assistant Head Teller, personally three copies of interrogatories together with three true and attested copies of the writ of execution and made the contents there of known to her. The writ of execution and notice to defendant was mailed on February 6, 2012 to Juan Rivera at 2032 Harvest Drive, Mechanicsburg, PA 17055 and to Constance Rivera at 2032 Harvest Drive, Mechanicsburg, PA 17055. 02/13/2012 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states this writ of execution is returned STAYED, per request from plaintiff's attorney. SHERIFF COST: $147.47 February 13, 2012 SO ANSWERS, RON R ANDERSON, SHERIFF • sZ? 1?- p? ?? X7/03(0 o "' Cape , r :ROso' inc D e p t ?ktlLAW OFFICES OF PETER J. RUSSO, P.C. Y ., Peter J. Russo, Esquire 2"J12 FEB 14 AM I k PA Supreme Court ID: 72897 Elizabeth J. Saylor, Esquire U "l E? E R L A 1,1 U„ J' ,u y PA Supreme Court ID: 200139 PENNSYE A ;I,A I 5006 East Trindle Road, Suite 100 Mechanicsburg, PA 17050 Telephone: 717-591-1755 LAW OFFICES OF PETER J. RUSSO, P.C., : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. Docket No. 2010-4082 JUAN RIVERA & CONSTANCE RIVERA, : Defendant : CIVIL TERM TO METRO BANK: PRAECIPE TO RELEASE Kindly release all monies/accounts for Juan and Constance Rivera held as a result of the Writ of Execution attached hereto as Exhibit "A" in regards to the above-captioned matter. Respectfully submitted: LAW OFFICE R J. RUSSO, P.C. BY: Peter J. Rus"quire PA Supreme Court ID: 72897 Elizabeth J. Saylor, Esquire PA Supreme Court ID: 200139 5006 East Trindle Road, Suite 100 Mechanicsburg, PA 17050 Telephone: 717-591-1755 Attorneys for Plaintiff EXHIBIT "A" WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 2010-4082 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due LAW OFFICES OF PETER J. RUSSO, P.C. Plaintiff (s) From JUAN RIVERA and CONSTANCE RIVERA - 2032 Harvest Drive, Mechanicsburg, PA 17055 (1) You are directed to levy upon the property of the defendant (s)and to sell (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: METRO BANK - 4860 Carlisle Pike, Mechanicsburg, PA 17050 and all other property of the defendant(s) in the possession, custody or control of the said garnishee(s). and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $2,251.07 L.L. $.50 Interest from 1/17112 --- $0.37 per diem Atty's Comm % Due Prothy $2.25 Atty Paid $59.00 Other Costs Plaintiff Paid Date: 1130/12 J LdL AA?- a150a'ld D. Buell, Prothonotary (Seal) ?p 1121-P fit: 492e° JC?2 Deputy REQUESTING PARTY: Name Elizabeth J. Saylor, Esquire Address: 5006 E. Trindle Rd., Suite 100 Mechanicsburg, PA 17050 Attorney for: Plaintiff Telephone: 717-591-1755 ezt 104 Supreme Court ID No. 200139 LAW OFFICES OF PETER J. RUSSO, P.C. i FP PR0TH 006 A Peter J. Russo, Esquire PA Supreme Court ID: 72897 2612 MAR 20 AM I!: 09 Paul D. Edger, Esquire CIUMBERLAND COUNC PA Supreme Court ID: 312713 PENNSYLVANIA 5006 East Trindle Road, Suite 100 Mechanicsburg, PA 17050 Telephone: 717-591-1755 LAW OFFICES OF PETER J. RUSSO, P.C., : IN THE COURT OF COMMON PLEAS Plaintiff V. JUAN RIVERA & CONSTANCE RIVERA, Defendant : CUMBERLAND COUNTY, PENNSYLVANIA : Docket No. 2010-4082 : CIVIL TERM PRAECIPE TO SATISFY TO THE PROTHONOTARY: Kindly mark the above captioned matter, as paid in full and satisfied. Date: 311e, 1 -0- Respectfully submitted: LAW OFFICES OF PETER J. RUSSO, P.C. BY: ti Peter J. Rus squire PA Supreme Court ID: 72897 Paul D. Edger, Esquire PA Supreme Court ID: 312713 5006 East Trindle Road, Suite 100 Mechanicsburg, PA 17050 Telephone: 717-591-1755 Attorneys for Plaintiff