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Home My WebLink About01-1198IN THE COURT Of COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PNC BANK, NATIONAL ASSOCIATION, Plaintiff, VS. PAUL L. HOFFMAN d/b/a JACKSON HEWITT TAX SERVICE Defendant. CIVIL DIVISION NO. 0/- CONFESSION OF JUDGMENT Pursuant to the authority granted in the Warrant of Attorney contained in the Note, a copy of which is attached as Exhibit "A" to the Complaint filed in this action, the undersigned attorney hereby appears for Defendant and confesses judgment in favor of Plaintiff, PNC BANK, NATIONAL ASSOCIATION, and against Defendant as follows: Principal Debt $7,900.50 Interest through 2/6/2001 325.43 Late Charge 92.43 Attorney's Commission 831.89 Total $9,150.81 Donna M. Donaher, Esquire Attorney for PNC Bank, National Association BF 144298.1 000011-029219 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PNC BANK, NATIONAL ASSOCIATION, CIVIL DIVISION Plaintiff, NO. VS. PAUL L. HOFFMAN d/b/a JACKSON HEWITT TAX SERVICE Defendant. COMPLAINT IN CONFESSION OF JUDGMENT Counsel of Record for This Party: Donna M. Donaher, Esquire Pa. I.D. #53165 TUCKER ARENSBERG, P.C. Firm #287 1500 One PPG Place Pittsburgh, PA 15222 (412) 566-1212 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PNC BANK, NATIONAL ASSOCIATION, CIVIL DIVISION Plaintiff, NO. VS, PAUL L. HOFFMAN d/b/a JACKSON HEWlTT TAX SERVICE Defendant. COMPLAINT IN CONFESSION OF JUDGMENT AND NOW, comes the Plaintiff, PNC BANK, NATIONAL ASSOCIATION, formerly Pittsburgh National Bank, by and through its counsel, Tucker Arensberg, P.C., and files this Complaint confessing judgment in its favor, stating as follows: 1. Plaintiff, PNC BANK, NATIONAL ASSOCIATION ("PNCB"), is a national banking association organized under the laws of the United States and a citizen of Pennsylvania, with its main office located at Fifth Avenue and Wood Street, Pittsburgh, Pennsylvania. 2. Defendant is Paul L. Hoffman d/b/a Jackson Hewitt Tax Service whose last known address is 414 S. College Street, Carlisle, PA 17007. 3. Defendant, on November 19, 1999, executed a Promissory Note ("Note") and thereby promised prompt and punctual payment of the indebtedness due under the Note. A true and correct copy of said Note is attached hereto, incorporated herein and labeled Exhibit "A". 4. By the Note, Defendant promised to pay Plaintiff the principal sum of $9,702.63 together with interest thereon in the manner provided by the Note. 6. De~ndant. There has been no assignment of the Note. Judgment has not been entered on the Note in any jurisdiction against the 7. The judgment by confession sought by PNCB in this Complaint is not being entered against a natural person in connection with a consumer credit transaction. 8. By Warrant of Attorney contained in the Note, Defendant authorized entry of judgment by confession. 9. Pursuant to the Warrant of Attorney executed by Defendant, Defendant waived the benefit of all laws exempting real or personal property from execution. 10. Pursuant to the Warrant of Attorney contained in the Note, judgment may now be entered against Defendant as payment was not made when due creating an event of default under the Note and, accelerating all amounts due. The Warrant of Attorney also allows judgment to be entered as of any term. 11. Under the Note, the following amounts are now due by Defendant to PNCB: Principal Debt $7,900.50 Interest through 2/6/2001 325.43 Late Charge 92.43 Attorney's Commission 831.89 Total $9,150.81 12. Under the terms of the Note, Defendant is liable to PNCB for attorney's commission of 10 percent for collection. -2- WHEREFORE, Plaintiff, PNCB, demands that a judgment be entered against Defendant as authorized in the Warrant of Attorney contained in the Note, in the sum of $9,150.81 together with interest and costs of suit. BF 144298.1 000011-029219 Respectfully submitted, TUCKER ARENSBERG, P.C. By: L... ~ ,. ~-,~C~ "-. )(- ~--,q'~ '-.~ Donna M. Donaher, Esquire Pa. I.D. #53165 1500 One PPG Place Pittsburgh, PA 15222 (412) 566-1212 Attorneys for Plaintiff -3- PROMISSORY NOTE Borrower: Pnt~. L HQFFMAN ($~tl: 2S1.~4-4427) Lender: ~c B~K. HATI~ ASS~tATION ~1~ ~ud: sg,~ In~reel RB~: 10~ Ode of No~: Nove.~r 19, 1~ ~1~ ~O PAY. P~ L ~ (~') ~ ~ ~ lO ~ ~. NATI~ A~IAT~ (~'), ~ ~, ~ ~ ~ . 11~.1999 PROMISSORY NOTE ~ !-~lan No (~ntlnu~) ~'~ ~ A~ ~ IN ~ ~~ ~ ~NN~VANK ~ EL~, TO ~ AT ~ TIME ' ~ TtME~ ~L PA~E~- IN~ ~ ~ ~ DUE ~TH~ N~, B~ ~ W~ , B~0WER ~S B~N ~ BY I~E~N~ ~ ~ ~UN~. VERIFICATION The undersigned, Mark Duty, hereby vedfies the statements of fact contained in the attached Complaint in Confession of Judgment to be true and correct according to his personal knowledge, information and belief, and further pledges that this verification is made subject to the penalties of 18 Pa. C.S.A. ~4904 relating to unswom falsification to authorities. Consumer Loan Officer~ BF122415.1 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PNC BANK, NATIONAL ASSOCIATION, Plaintiff, VS. CIVIL DIVISION NO. PAUL L. HOFFMAN d/b/a JACKSON HEWITT TAX SERVICE Defendant. CERTIFICATE OF RESIDENCE I hereby certify that the precise address of Plaintiff is: Fifth Avenue and Wood Street Pittsburgh, Pennsylvania 15265 and that the last known address of Defendant is: 414 S. College Street Carlisle, Pennsylvania 17007 BF 144298.1 000011-029219 By: Jv-..~v---C.~_ ~ .....'x~-C ~.5..~ Donna M. Donaher, Esquire Attorney for PNC Bank, National Association IN THE COURT OF COMMON PLEAS Of CUMBERLAND COUNTY, PENNSYLVANIA PNC BANK, NATIONAL ASSOCIATION, Plaintiff, VS. CIVIL DIVISION NO. PAUL L. HOFFMAN d/b/a JACKSON HEWlTT TAX SERVICE Defendant. TO: Mr. Paul L. Hoffman d/b/a Jackson Hewitt Tax Service, Defendant 414 S. College Street Carlisle, Pennsylvania 17007 NOTICE OF ENTRY OF JUDGMENT Please take notice that on _.~,oc~-,, ! , 2001, a Judgment by Confession of Judgment, was entered against you in the court and at docket term and number set forth above. The amount of the Judgment is $9,150.81, plus costs. Prothonotary, Cu~nberlan~UC'oUnty AFFIDAVIT The undersigned hereby certifies that the underlying transaction referred to in the attached Complaint for Judgment by Confession, filed pursuant to Pa. R.C.P. Nos. 2950-2956, is not a consumer credit transaction. To the contrary, the underlying transaction is a commercial transaction. Donna M. Donaher, Esquire Attorney for PNC Bank, National Association Sworn to and subscribed before me this __ day of ,2001. Notary Public BF 144298.1 000011-029219 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PNC BANK, NATIONAL ASSOCIATION, Plaintiff, VS. CIVIL DIVISION NO. PAUL L. HOFFMAN d/b/a JACKSON H EWI']-I' TAX SERVICE, Defendant. AFFIDAVIT OF NON-MILITARY SERVICE Filed on behalf of Plaintiff, PNC Bank, National Association Counsel of Record for This Party: Donna M. Donaher, Esquire Pa. I.D. #53165 TUCKER ARENSBERG, P.C. Firm #287 1500 One PPG Place Pittsburgh, PA 15222 (412) 566-1212 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PNC BANK, NATIONAL ASSOCIATION, CIVIL DIVISION Plaintiff, NO. VS. PAUL L. HOFFMAN d/b/a JACKSON HEWI']-F TAX SERVICE, Defendant. AFFIDAVIT OF NON-MILITARY SERVICE COMMONWEALTH OF PENNSYLVANIA ) ) COUNTY OF ALLEGHENY ) SS. I, Chet B. Story, being duly sworn according to law, hereby depose and say that the Defendant, Paul L. Hoffman, is not a member of the military service of the United States of America to the best of my knowledge, information and belief. Swom to and subscribed befo_.re [ne this /_~_ day of )-~ ,2001. Notary Public BF1~t45 Notanal SeaJ / ~hawn R. Burtner, Notary Public / Winfield Twp. ~utler County JMy Corem ss on Expires Feb, 10, 20Q6 M~m~er Pennsylvania Association ol Notaries Chet B. Story Vice President PNC Bank, National Association IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PNC BANK, NATIONAL ASSOCIATION, Plaintiff, PAUL L. HOFFMAN, d/b/a JACKSON HEWlTT TAX SERVICE, Defendant. No. 01-1198 Civil Term CERTIFICATE OF SERVICE UNDER RULE 2958.1 Filed on Behalf of Plaintiff, PNC BANK, NATIONAL ASSOCIATION Counsel of Record for This Party: Donna M. Donaheg Esquire PA I.D. No. 53165 TUCKER ARENSBERG, P.C. Firm No. 287 1500 One PPG Place Piffsbu~h, PA 15222 ~12)566-1212 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PNC BANK, NATIONAL ASSOCIATION, Plaintiff, PAUL L. HOFFMAN, d/b/a JACKSON HEWITT TAX SERVICE, Defendant. No. 01-1198 Civil Term CERTIFICATE OF SERVICE UNDER RULE 2958.1 The undersigned hereby certifies that she did serve a Notice Under Rule 2958.1 of Judgment and Execution thereon, upon the Defendant on March 9, 2001, by certified mail, at the following address: 414 College Street, Carlisle, PA 17007. A true and correct copy of the Notice Under 2958.1 and the return receipt is attached hereto. TUCKER ARENSBERG, P.C. 1500 One PPG Place Pittsburgh, PA 15222 (412) 566-1212 BF~,46754,1 TUCKER. ARENSBEKG, 13..(]7. CELEBRATIND A CENTLit~'- OF SEP~iCE Donna M Donaher 412-594-5533 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PNC BANK, NATIONAL ASSOCIATION, Plaintiff, CIVIL DIVISION No. 01-1t98 Civil Term VS. PAUL L. HOFFMAN, d/b/a JACKSON HEWITT TAX SERVICE, Defendant. Notice Under Rule 2958.1 of Judgment and Execution Thereon Notice of Defendant's Rights To: Paul L. Hoffman, d/b/a Jackson Hewitt Tax Service 414 S, College Street Cadise, PA 17007 A judgment in the amount of $9,150.81 has been entered against you and in favor of the plaintiff without any prior notice or haadng based on a confession of judgment contained in a written agreement or other paper allegedly signed by you. The shedff 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. 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 JUDGMEiNT 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. 1500 ONE PPG PLACE PI~['SBURGH, PENNSYLVANIA 15222 412.566-1212 FAX 412-594-5619 Pktsburg~ Airport Area · Harrisburg E-mail: tapc@tuckedaw corn www,tuckerlaw.com [~LICKER AR.ENSBERG, P.C. 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: Lawyer Referral Service 'Court Administrator Cumberland County Courthouse Carlisle, PA 17013 (717) 240-6200 Donna M. Donaher 1500 One PPG Place Pittsburgh, PA 15222 (412) 594-5533 BF146098.1 · Complete items 1, 2, and 3. Also complete A. Received by (Please Pdnt Clearly) I B. Date of Deliw item 4 if Restricted Delivery is desired. ! ~. /'f ,f ,f ,f ,f ,f ,f ,f ,f ,f~ //') · Print your name and address on the reverse ~"--'~ I -/!~ ~ eL so that we can return the card to you. · Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: L. 2. Ar C. Signature'% // / ~ en ~s'~add~d~it~l? ~ Yes ~f YES, enter delive~ addr~s below: ~ NO 3. S rvice Type ~Cerlified Mail [] Express Mail I-1 Registered [] Return Receipt for Merchandis [] Insured Mail [] C.O.D. 4. Restricted Delivery? (Extra Fee) E~ Yes PS F 102595-99-M-1789 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) TO THE SHERIFF OF Cumberland To satisfy the debt, interest and costs due NO. COUNTY: PNC Bank, National Association from 01-1198 CIVIL ~1~ TERM CIVIL ACTION - LAW PLAINTIFF(S) Paul L. Hoffman, d/b/a Jackson Hewitt Tax Service, 414 S. College Street, Carlisle, PA 17013 DEFENDANT(S) (1) You are directed to levy upon the property of the defendant(s) and to sell (2) You are also directed to atlach the property of the defendant(s) not levied upon in the possession of __ Orr~own R~nk, 77 F.. ~ng .q~r~f, .qh~[~r~n~b~rg, PA GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachmenl has been issued; (b) the garnishee(s) is/are enjoined from paying any debt to or for the account of the defendant(s) and from delivering any property of the defendant(s) or otheNvise disposing thereof; (3) If propertyof lhe defendant(s) not levied upon an subject to attachment is found inthe 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. Arnount Due Sq,]~d RI _ L.L. $ ~ Interest Due Prothy $1.00 Atty's Corem % Other Costs Atty Paid $32.50 Plaintiff Paid Date: April 23, 2001 REQUESTING PARTY: Name Address: Attorney for: Telephone: Supreme Court ID No. Donna M. Donaher, Esq. 1500 One PPG Place Pittsburgh, PA 15222 Plaintiff 412-566-12t2 53i65 by: Curtis R. Long Prothonotary, Civil Division Deputy R. Thomas Kline, Sheriff, who being duly sworn according to law, states this Writ is returned ABANDONED, no action taken in six months. Sheriff's Costs: Docketing 18.00 Poundage 1.63 Advertising Law Library .50 Prothonotary 1.00 Mileage 3.10 Misc. Surcharge 30.00 Levy 20.00 Post Pone Sale Garnishee 9.00 83.23 Advance Costs: 150.00 SherifFs Costs: $3.23 66.77 Refunded to Atty on 7/3/02 Sworn and Subscribed to before me this /'/~ day of % 2002 A.D. (],, ,, /O "Ph,et~ ,~ a,0~"- pTt~notary So Answers; R. Thomas Kline, Sheriff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PNC BANK, NATIONAL ASSOCIATION, Plaintiff, VS. PAUL L. HOFFMAN, d/b/a JACKSON HEWl3-1' TAX SERVICE, Defendant, and CIVIL DIVISION NO. 01-1198 Civil Term PRAECIPE FOR WRIT OF EXECUTION (MONEY JUDGMENT) Filed on behalf of Plaintiff, PNC Bank, National Association CODE: ORRSTOWN BANK, Garnishee. Counsel of Record for This Party: Donna M. Donaher, Esquire Pa. I.D. #53165 TUCKER ARENSBERG, P.C. Firm #287 1500 One PPG Place Pittsburgh, PA 15222 (412) 566-1212 IN THE COURT OF COMMONS PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW PNC BANK, NATIONAL ASSOCIATION CASE NO. 01-1198 Civil Term Plaintiff, VS. PAUL L. HOFFMAN, d/b/a JACKSON HEWlTT TAX SERVICE, Defendant. and ORRSTOWN BANK, Garnishee. PRAECIPE FOR WRIT OF EXECUTION (MONEY JUDGMENT) To the Prothonotary: Issue writ of execution in the above matter, (1) directed to the Sheriff of Cumberland County; (2) against, Paul L Hoffman, d/b/a Jackson Hewitt Tax Service, Defendant; (3) ana against Orrstown ~ank, Gamisnee; (4) and index this wdt (a) against Paul L. Hoffman, d/b/a Jackson Hewitt Tax Service, Defendant; (b) and against Orrstown Bank, Garnishee; (5) Amount due $ 9,150.81 Total $ 9,150.81 CERTIFICATION I certify that: (a) This Pmecipe is based upon a judgment entered by confession, and notice has been served on March 9, 2001 pursuant to Rule 2958.1. BF146763.1 Donna M. Donaher, Esquire Attorney for PNC Bank, National Association TUCKER ARENSBERG, P.C. 1500 One PPG Place Pittsburgh, PA 15222 -2- NOTE Under paragraph (1) when the writ is directed to the shedff of another county as authorized by Rule 3103(b), the county should be indicated. Under Rule $103(c) a wdt issued on a transferred judgment may be directed only to the sheriff of the county in which issued. Paragraph (3) above should be completed only if a name garnishee is to be included in the Paragraph (4) (a) should be completed only if indexing of the execution in the county of issuance, is desired as authorized by Rule 3104(a). Where the writ issues to another county indexing is required as of course in that county by the Prothonotary. See Rule 3104(b). Paragraph 4 (b) should be completed only if real property in the name of a garnishee is attached and indexing as a lis pendens is desired. See Rule 3104(c). Certification as to waiver of exemption may be included in the Praecipe. Specific directions to the shedff as to property to be levied upon may be included in the Praecipe or by separate direction at the option to Plaintiff. SHERIFF'S RETURN - CASE NO: 2001-01198 P COMMONWEALTH OF PENNSLYVANIA COUNTY OF CUMBERLAND GARNISHEE PNC BANK NATIONAL ASSOCIATION VS HOFFMAN PAUL L ET AL And now CPL. MICHAEL BARRICK Cumberland County of Pennsylvania, to law, at 0013:35 Hours, on the 27th day of April as herein commanded all goods, chattels, moneys of the within named GARNISHEE , ORRSTOWN BANK hands, ,Sheriff or Deputy Sheriff of who being duly sworn according , 2001, attached rights, debts, credits, and possession, or control of the within named Garnishee , in the HANOVER ST Cumberland County, Pennsylvania, by handing to GAYLE CHRISTHAN (CUSTOHER SERVICE OFFICER) personally three copies of interogatories together with 3 and attested copies of the within WRIT OF EXECUTION the contents there of known to Her.. true and made Sheriff's Costs: Docketing .00 Service .00 Affidavit .00 Surcharge .00 .00 .00 Sworn and subscribed to before me J~rothon~tar~ R. Thomas Kline Sheriff of Cumberland County 04/27/2001 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PNC BANK, NATIONAL ASSOCIATION, Plaintiff, VS. PAUL L. HOFFMAN, d/b/a JACKSON HEWITT TAX SERVICE CIVIL DIVISION NO. 01-1198 Civil Term Defendant. and ORRSTOWN BANK, Garnishee PRAECIPE TO DISCONTINUE AS TO GARNISHEE ONLY Filed on behalf of PNC Bank, National Association Counsel of record for this party: Donna M. Donaher, Esquire Pa. I.D. No. 53165 TUCKER ARENSBERG, P.C. Firm #287 1500 One PPG Place Pittsburgh, Pennsylvania 15222 (412) 566-1212 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PNC BANK, NATIONAL ASSOCIATION, Plaintiff, VS. PAUL L. HOFFMAN, d/b/a JACKSON HEWlTT TAX SERVICE and Defendant. CIVIL DIVISION NO. 01-1198 Civil Term ORRSTOWN BANK, Garnishee PRAECIPE TO DISCONTINUE WITHOUT PREJUDICE TO: CUMBERLAND COUNTY PROTHONOTARY Kindly mark the action in the above-referenced matter as discontinued as to the Garnishee, Orrstown Bank, only, without prejudice to refiling. Sworn to and subscribed before me this 3rd day of May, 2001. Respectfully submitted, TUC..I~ER ARENSBERG, P.C. Donna M. Donaher, Esquire Pa. I.D. #53165 1500 One PPG Place Pittsburgh, PA 15222 (412) 594-5533 Attorney for PNC Bank, National Association Notary Public BF 150660.1