HomeMy WebLinkAbout01-1230
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
NORTHSIDE BANK,
CNIL DNISION
Plaintiff,
No. 0/-1:<30 GUL (~
PLEADING:
vs.
ANDREW C. MADEIRA and
ANN E. MADEIRA"
PRAECIPE TO ENTER
EXEMPLIFIED RECORD
Defendant
Filed on behalf of Plaintiff,
NorthSide Bank
Counsel of record for this
Party:
Thomas E. Reilly, Esquire
Pa. LD. #25832
THOMAS E. REILLY, P.C.
Firm LD. No. 511
2025 Greentree Road
Pittsburgh, PA 15220
(412)341-1600
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSL VANIA
NORTHSIDE BANK,
CIVIL DIVISION
Defendants,
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NO.
Plaintiff,
Ys.
ANDREW C. MADEIRA and
ANN E. MADEIRA
CERTIFICATE OF RESIDENCE
I, Thomas E. Reilly, Esquire, hereby certify that the Plaintiff, NorthSide Bank,
has a business address of5000 McKnight Road, Pittsburgh, PA 15237.
I also hereby certify that the defendants, Andrew C. Madeira and Ann E. Madeira,
is 2839 Myrtle Drive, Mechanicsburg, PA 17055.
Respectfully submitted,
THOMAS E. REILLY, P.C.
DATED:.f2b.!)6/;Jl6{
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Thomas E. Reilly, Esquire
Attorney for Plaintiff
2025 Greentree Road
Pittsburgh, PA 15220
(412)341-1600
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FORM 26 PRO.
01-
CU((Y~
COPY OF DOCKET ENTRIES
COMMONWEALTH OF PENNSYLVANIA}
55.
ALLEGHENY COUNTY
Among the Records and Proceedings of the Court of Common Pleas in
and for the County of Allegheny, and State of Pennsylvania, the following is a true and correct
copy of the Docket Entries at No. GD-97-15646
General
DOCKET ENTRY
Northside Bank
VS.
See Attached Sheets
Andrew C. Madeira and
Ann E. Madeira
I, Michael F. Coyne Prothonotary of the
Court of Common Pleas in and for said County, Certify that the foregoing is a full and
correct copy of the Docket Entries wherein
Northside Bank
Plaintiff and
Andrew C. Madeira and Ann
before the said Court, at No.
E. Madeira Defendant; as the remains of record
GD-97-15646
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seal of the said
Court, the t 9th day of July 2000
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DEFT Madeira, Ann E.
Filinq Date Filinq Party
Docket Entry
30-SEP-1997
30-SEP-1997
30-SEP-1997
30-SEP-1997
ll-FEB-1999
Northside Bank
Northside Bank
Northside Bank
Northside Bank
Northside Bank
Complaint-Confession of Judgmt
Cert of Commercial Transaction
Note of Judgment
Notice of Judgment & Documents
Affidavit of Service
of copy of notice under rule 2958.1 of judgment
and execution thereon and notice of defts
rights by certified mail on 10-6-97 to Andrew C
Madeira return receipts attached filed
23-FEB-1999 Northside Bank
Affidavit of Service
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IN THE COURT OF COMMON PLEAS OF ALLEGHENY COUNTY, PENNSYLVANIA
NORTHSIDE BANK,
Plaintiff
vs
ANDREW C. MADEIRA and
ANN E. MADEIRA
Defendant
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CIVIL DIVISION
NO. G ~ , ) ~ 15 ~J c( ~
ISSUE NUMBER:
TYPE OF PLEADING:
Complaint in Confession of Judgment
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FILED ON BEHALF OF:
NORTH SIDE BANK
COUNSEL OF RECORD FOR THIS PARTY:
Thomas E. Reilly, Esquire
Pa. J.D. #25832
DAVIS REILLY
a professional corporation
Firm #063
1124 Frick Building
Pittsburgh, PA 15219
(412) 471-8338
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IN THE COURT OF COMMON PLEAS OF ALLEGHENY COUNTY, PENNSYLVANIA
Plaintiff
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NO.
ISSUE NUMBER:
NORTHSIDE BANK,
CIVIL DIVISION
vs
ANDREW C. MADEIRA and
ANN E. MADEIRA,
Defendant
COMPLAINT IN CONFESSION OF JUDGMENT
Plaintiff files this Complaint pursuant to Pa. R.C.P. 2951 (b) for Judgment by Confession
and avers the following:
1. (a) The Plaintiff and the last known address thereof is:
NorthSide Bank
100 Federal Street
Pittsburgh, PA 15212;
(b) The Defendants are:
Andrew C. Madeira and Ann E. Madeira
2839 MYltle Drive
Mechanicsburg, PA 17055.
2. The original instrument evidencing the obligation on which judgment is herein
confessed or a photostatic copy or like reproduction showing signatures of the Defendants, which is
a true and correct copy of the original, is attached hereto, marked Exhibit "A", and is incorporated
herein by reference thereto.
3. Judgment is not being entered by confession against a natural person in connection
with a consumer credit transaction.
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4. There has been no assignment or transfer of the instrument (except as follows:) None
5. Judgment has not been entered on the instrument in any jurisdiction, (except as
follows:) None
6. The Plaintiff avers: The instrument authorizes the entry of Judgment without default
thereon or the occurrence of a condition precedent, but default has occurred by reason of the
failure of Andrew C. Madeira and Ann E. Madeira, to make payment when due under the lease of
August 20, 1995, which constitutes a default under schedules 9504417 and 9505424 and the
Guaranty .
7. The amount due is as follows:
Schedule No. 9504417
Outstanding Balance:
Sales Tax:
Late Charges:
$5,704.83
$56.49
$93.36
TOTAL:
$5,854.62
Schedule No. 9505424
Outstanding Balance:
Sales Tax:
Late Charges:
TOTAL:
$10,553.91
$30.54
$172.72
$10,757.17
TOTAL:
$16,611. 79
Attorney's fees of 20%
GRAND TOTAL:
$3,322.35
$19,934.14
8. Said Instrumem and Warrant was executed by the Defendants on the 20th day of
April, 1995. under and pursuant to the terms of said Instrument, attached hereto as Exhibit" A".
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WHEREFORE, the Plaintiff as authorized by the warrant of attorney contained in the
instrument demands judgment against the Defendants in the total sum of $19,934.14 and brings said
instrument into court to recover the said sum, with interest on the principal sum thereof at the rate
of 6% per annum.
BY:
DA~S REILLY
, Pf\l"';~t:OO
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Thomas E. Reilly
Attorney ~ff \
PA I.D. 25~32.. ~
1124 Frick Building
Pittsburgh, PA 15219
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CONFESSION OF JUDGMENT
Pursuant to the authority contained in the Warrant of Attorney, the original or a copy of
which is attached to the complaint filed in this action, I appear for the Defendants and confess
judgment in favor of the Plaintiff and against Defendants as follows:
Schedule No. 9504417
Outstanding Balance:
Sales Tax:
Late Charges:
$5,704.83
$56.49
$93.36
TOTAL:
$5,854.62
Schedule No. 9505424
Outstanding Balance:
Sales Tax:
Late Charges:
$10,553.91
$30.54
$172. 72
TOTAL:
$10,757.17
TOTAL:
$16,611.79
Attorney's fees of 20%
GRAND TOTAL:
$3,322.35
$19,934.14
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with interest on the principal sum thereof at the t~ ~f-6% per~um.
c.': ~"J V ~ ~'i~~~1rl
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Attorney for Defendant i
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Pro Hac Vice
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Dated:
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GUARANTY
(Individual)
Master Equipm~~t Lease Account
No. BHS MEDIA
Master Equipm,':\t r:.ea~e Dated
04/20/95
As parI of the consideration for the execution of the loregoing Uast
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Equipment Lddse by NorthS1de Ban essor, an 1n or ,,:- to induce the
execution thereof _ the undersigned guarantors _ ("Undersigned'" do each jointly
and severally guaranty absolutely and uncondItIonally, and ~0 hereby become
surety for the full and timely payment of all sums to be pn:d by tIle Lessee
referenced above (the "Lessee") under the terms of the Maste, Equipment Lease
referenced above (together with all schedules as may from lime to time be
executed In connection therewith, addendums, related agreements and/or
supplements thereto, which shall hereinafter be collectively referred to as
the "Lease"), and do further guaranty full performance ot all acts to be
performed by the Lessee thereunder, as well as the paymHtlt of any other
indebtedness. liability, or obligation of the Lessee to. 0:,> Lessor, past,
present, or future, d1rect or IndIrect, absolute or cont1n9~nt, individual
joint, or several, now due or to become due, whether owed by :,essee to Lesso~
as drawer, maker, .'endorser, assignor, guarantor, surety or otherwise
wha~soe,:,er . (the ."Obligations':), unless such indebtedness. liability or
obl1gat1on 1S subJoct to the dIsclosure requ1rement of Fedel~l Reserve Board
Regulation Z, 1~ CFR 226.1 et seq. This guaranty is ~bsOlute, continuing,
and unlimitod, WIthout. .regard to t.he rellab1l1ty, val1d1ty, ,'! enforceability
of any indebtedness. llab1llty, or obl1gatlon constlt~t1ng n part or portion
of it.s obligation" - The Lessor shall not be requ1red t" proceed first
against the LBssee, or against any ot.her person, firm, or ~orporation or
against any collateral security held by the Lessor, before t"sorting to'the
Undersigned, or any of them, for payment of the Obllgatlons_ The UnderSigned
do each herllcy consent to the forbearance by the Lessor 0\- f ailun, of the
Lessor to enforce any of the rights of the Lessor against tll~ Lessee and do
hereby cons",nt to ,my modifications, renewals, extensions, :;ottlem~nts or
releases of the? le.1se or any other indebtedness, liability or Obligation
hereby guarancoed to WhICh the Lessor shall.consent .and agl,'s that no such
action o~ the part of the Lessor shall 1mpalr the 1~ab1llty of Undersigned
under th1S Guarant.y. Further, the UnderSIgned do.each waIve notice of, and
do hereby consent tel the release or any other appllcatlon ot any collateral
secur1ty held ,)y Lessor. Th1S guaranty shall be bIndIng "pon th,~ heirs
executors, admi nistrators ~ successors, and ass 2gns of the Un,h, IS igned . Vnt 1 i
the obl1gat.1.0ns are paId 1n full, UnderSIgned hereby llnconditionally
subordinates t~ the Obligations all present and future debt.s. 1 labilities or
obligations of Less,'e to Undersigned, and all amounts due WI.j" l: SUch debt c
liabilities, c r obI ;gations shall be collected and paid 0\"'1 to I,"ssor ;~
account of tbe Obligations_ Undersigned, at Lessor's reque:;1 shall execu:c
a subordination agrnement in favor of Bank to further evict"",." and suppo;;
the purpose ef ~his paragraph. .
UNDERSIGN:Ii HEEtlBY IRREVOCABLY WAIVES ANY AND ALL RIGHT:: I T MAY HAVE r.T
ANY TIME (WHETHER AI\ISING DIRECTLY OR INDIRECTLY. BY OPEI,,\TJON OF LAW Co?
CONTRACT), TO \,SER,' ANY CLAIM AGAINST LESSEE ON ACCOUNT \\1.' PAYMENTS t1/'.Gr:
UNDER THIS GL'AnNTY, INCLUDING WITHOUT LIMITATION, ANY ANIl ,\I.L RIGHTS lJ?
In favor cf NorthSide Bank,its
successors and assigns
Lessee: HO!{!_ZOri..IlJo:DI~-'. SIERVICES. INC.
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SUBROGATION, REIMBURSEMENT, EXONERATION, CONTRIBUTION OR INDEMNITY.
This Guaranty and Undersigned's payment obligations hereunder, shall
continue to be effective or be reinstated, as the case may be, if at any time
payment of any of the Obligations is rescinded or must otherwise be restored
or returned by the Lessor, all as though such payment had not been made. The
Lessor's good faith determination as to whether a payment must be restored or
returned shall be binding on undersigned.
undersigned will provide financial information to Lessor upon request,
including personal financial statements, income tax returns and all related
schedules, in form and content satisfactory to Lessor.
THE UNDERSIGNED HEHEBY EMPOWER THE PROTHONOTARY OR ANY ATTORNEY OF ANY
COURT OF RECORD WITHIN THE UNITED STATES OF ELSEWHERE TO APPEAR FOR THE
UNDERSIGNED AND TO ENTER A JUDGMENT OR JUDGMENTS AGAINST THEM IN FAVOR OF THE
LESSOR, ITS SUCCESSORS AND ASSIGNS, AS OF ANY TERM, FOR THE UNPAID BALANCE OF
THE OBLIGATIONS, INCLUDING BUT NOT LIMITED TO ALL RENTALS AND OTHER SUMS DUE
UNDER THE LEASE, AND ANY AND ALL INTEREST, COSTS ANT EXPENSES DUE OR TO
BECOME DUE UNDER THE OBLIGATIONS, WHETHER BY ACCELERATION OR OTHERWISE,
INCLUDING COSTS OF SUIT AND ATTORNEY'S COMMISSION OF TWENTY PERCENT (20%) FOR
COLLECTION, WITH RELEASE OF ALL ERRORS.
IN WITNESS~ERE6F, the unders~gned have hereunto set their hands and
seals at_ ell> _ this '{"'!:or<<- day of Apr~( _ , 19 7'~.
Witness;
Undersigned:
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MADEIRA, ANDREW C.
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MADEIRA, ANN E.
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VERIFICATION
William Breitinger, Asset Recovery Supervisor, and duly authorized representative of
Northside Bank, deposes and says subject to the penalties of 18 Pa. C.S. S4904 relating to
unsworn falsification to authorities that the facts set forth in the foregoing
nplaint in Confession 0' .Judgment
are true and correct to his information and belief.
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William Breitinger ~~
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IN THE COURT OF COMMON PEAS
CUMBERLAND COUNTY, PENN 'YL VANIA
NO. 2001-01230
NORTHSlDE BANK,
Plainti ff
ANDREW C. MADEIRA and
ANN E. MADEIRA,
Defendants
CIVIL ACTION- LAW
PRAECIPE
TO THE PROTHONOTARY:
Please satisfy the judgment filed in the above-captioned matter.
Date: '3 r;!C2oCJ)'"
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Thomas E. Rei! y, Esquire
Attorney for Plaintiff
!.D. # ;! ,,-;2 '5 Z-
2025 Grcentree Road
Pit,sburgh, P A 15220
(412) 341-1600
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