HomeMy WebLinkAbout10-7600,.
2~~C~~'~ -9 Pad t;: ~'
JOSEPH J. CURRERI, JR. COURT OF ~~~~~~IAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
->
v. NO. 10 - 700
ADAM J. MILLER CIVIL ACTION -CONFESSION OF JUDGMENT
Defendant
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 Defendant, Adam J.
Miller, and confess judgment in favor of the Plaintiff, Joseph J. Curreri, Jr. and against
Defendant, Adam J. Miller as follows:
Principal Sum $ 75,000.00
Other authorized items:
Interest through December 31, 2009 $ 11,250.00
Interest from January 1, 2010 through December 9, 2010 $ 12,122.26
Late fees $ 4,312.50
Costs of Suit $ 127.50
Attorneys fees: $ 500.00
BALANCE CURRENTLY DUE $103,312.26
Respectfully submitted,
SAIDIS
SULLIVAN
LAW
26 West High Street
Carlisle, PA
SAIDIS SULLIVAN LAW
~/~%~
J n E. Kelso, Esq.
ttorney ID: 209107
26 West High Street
Carlisle, PA 17013
(717)243-6222
Attorney for Defendant
~2~' ,} o.SG.3
~ ~S"a a-2~- j
y?~ ~
JOSEPH J. CURRERI, JR.
Plaintiff
v.
ADAM J. MILLER
Defendant
COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 10 -
CIVIL ACTION -CONFESSION OF JUDGMENT
COMPLAINT FOR CONFESSION OF JUDGMENT
AND NOW, comes Plaintiff, Joseph J. Curerri, Jr., by and through his attorneys, Saidis
Sullivan Law, and files this Complaint for Confession of Judgment against Defendant, Adam J.
Miller, and avers in support thereof as follows:
1. Plaintiff is Joseph J. Curreri, Jr., who is an adult individual with an address of 591-11
Geneva Drive, Mechanicsburg, Pennsylvania 17055.
2. Defendant is Adam J. Miller, who is an adult individual with an address of 301 N. 26tH
Street, Camp Hill, Pennsylvania, 17011.
3. On or about November 14, 2008, Defendant executed a Promissory Note in the
principal sum of $75,000.00 (hereinafter "Promissory Note"). Plaintiff is the only
holder of the Promissory Note. A true and accurate copy of the Promissory Note is
attached hereto as Exhibit "A" and incorporated herein by reference.
4. The Promissory Note has not been assigned.
5. Pursuant to the terms of the Promissory Note, Defendant was to pay Plaintiff monthly
SAIDIS
SULLIVAN
LAW
26 West High Streex
Carlisle, PA
installments of interest only at a rate of ten percent (10%) per annum in the amount of
six hundred twenty-five dollars ($625.00) beginning January 1, 2009 through December
1, 2009. (See, Exhibit "A" attached hereto).
6. Pursuant to the terms of the Promissory Note, on December 31, 2009, Defendant was
to pay Plaintiff the entire principal sum of $75,000.00 plus interest accruing from
December 1, 2009 through December 31, 2009, at the rate of ten percent (10%) annum,
SAIDIS
SULLIVAN
LAW
26 West High Street
Carlisle, PA
in the amount of six hundred twenty five dollars ($625.00) and additional interest in the
amount of seven thousand five hundred dollars ($7,500.00), for a total payment of
$83,125.00. (See, Exhibit "A" attached hereto).
7. The Promissory Note provides for a late charge payable at the rate of five percent (5%)
for each installment of interest or principal and interest or any other payment not paid
under the terms of the Promissory Note. (See, Exhibit "A" attached hereto).
8. The Promissory Note provides that interest shall accrue on the entire unpaid balance of
the principal at a default rate which shall be five percent (5%) higher than the rate
which would be applicable before default. This interest rate is applicable from the date
of default. (See, Exhibit "A" attached hereto).
9. The Promissory Note also authorizes all reasonable costs incurred in connection with
the collection of such amount together with attorney's fees. (See, Exhibit "A" attached
hereto).
10. The Promissory Note further provides that "if any amount due Payee [Plaintiff) under
the note shall remain unpaid at the expiration of thirty (30) days after written notice
thereof to the maker [Defendant], then the maker [Defendant] hereby authorize and
empower irrevocably, the Prothonotary, Clerk of Court or any attorney of any court of
record to appear for the maker [Defendant] in such court, in term, or vacation, at any
time and confess judgment in favor of payee [Plaintiff)..." (See, Exhibit "A" attached
hereto).
11. Defendant has not made the payments required by the Promissory Note on and after
August 1, 2009.
12. Defendant has failed to pay Plaintiff the sum of eighty-six thousand two hundred and
SAIDIS
SULLIVAN
LAW
26 West High Street
Carlisle. PA
fifty dollars ($86,250.00) principal and accrued interest which was due and payable
before or on December 31, 2009 pursuant to the terms of the Promissory Note.
13. Pursuant to the terms of the Promissory Note, Defendant is also liable for late fees in
the amount of $4,312.50 and interest, at a rate of fifteen percent (15%) from January 1,
2010 through the date of this complaint, in the amount of $12,122.26.
14. Plaintiff sent Defendant a letter dated March 24, 2010, where Plaintiff provided
Defendant with notice of his default on the Promissory Note. This letter was sent to
Defendant more than thirty days prior to the filing of this Confession of Judgment. A
true and accurate copy of this letter dated March 24, 2010 is attached hereto as Exhibit
"B" and incorporated herein by reference.
15. Judgment maybe entered upon the Promissory Note because Defendant, Adam J.
Miller, is in default.
16. Judgment is not being entered against a natural person in connection with a consumer
credit transaction. A true and accurate copy of Defendant's Affidavit of Business
Purpose and Disclosure for Confession of Judgment is attached hereto as Exhibit "C"
and incorporated by reference.
17. Defendant is indebted to Plaintiff under the Note as follows:
Principal Sum $ 75,000.00
Other authorized items:
Interest through December 31, 2009 $ 11,250.00
Interest from January 1, 2010 through December 9, 2010 $ 12,122.26
Late fees $ 4,312.50
Costs of Suit $ 127.50
Attorneys fees: $ 500.00
Total $103,312.26
18. Judgment has not previously been confessed on the Promissory Note within any
jurisdiction.
19. The Promissory Note is less than twenty (20) years old and, as a result, no application
for a court order granting leave to enter judgment is required.
20. Judgment in favor of Plaintiff and against Defendant, Adam J. Miller, is demanded as
authorized by the Warrant of Attorney set forth in the Promissory Note.
SAIDIS
SULLIVAN
LAW
26 West High Street
Carlisle, PA
WHEREFORE, Plaintiff respectfully demands judgment in its favor and against
Defendant, Adam J. Miller, in the total amount of $ 103,312.26.
Date: ~ ~ / lu
Respectfully submitted,
SAIDIS SULLIVAN LAW
L. ~'~
Cason E. Kelso, Esquire
Attorney I.D. No.: 209107
26 West High Street
Carlisle, PA 17013
(717)243-6222
Attorney for Plaintiff
PROMISSORY NOTE
$7s,ooo.oo
Harrisburg, Pennsylvania
Dated: November 14, 2008
FOR VALUE RECEIVED, EUGENE M. HAYS, an adult individual residing at 861
Lexington Place Lewisberry, PA 17339 and ADAM J. MILLER, an adult individual residing at
301 N. 26th Street Camp Hill, PA (collectively referred to herein as "Maker"), JOINTLY AND
SEVERALLY promise to pay to the order of JOSEPH J. CLJRRERI, JR., an adult individual
with an address of s91-11 Geneva Drive, Mechanicsburg, PA 17U~5, his heirs, successors and
assigns ("Payee"), the principal sum of SEVENTY-FIVE THOUSAND DOLLARS ($75,000.00),
in lawful money of the United States of America, together with interest as set forth below from
the date of this Note. Maker shall make payments as follows:
1. Upon the execution of this Promissory Note, Maker shall pay Payee an origination
fee of One Thousand Five Hundred Dollars ($ l 600.00), which shall be deemed earned by Payee
upon the execution of this Promissory Note.
2. On December 1, 2008, Maker shall pay Payee the sum of Three Hundred Twelve
Dollars and Fifty Cents ($312.50) for interest accruing at the rate often percent (10.00%) per
annum from the date of this Promissory Note through November 30, 2008.
3. Beginning January 1, 2009 and continuing through December 1, 2009, Maker
shall pay Payee equal monthly installments of interest only at the rate often percent (10.00%) per
annum, in the amount of Six Hundred Twenty-Five Dollars ($626.00).
4. On December 31, 2009, Maker shall pay Payee: a) the entire unpaid balance of
principal of this Note ($75,000.00), b) interest. accruing from December 1, 2009 through
December 3l , 2009 at the rate of ten percent (10.00%) per annum, in the amount of Six Hundred
Twenty-Five Dollars ($626.00), and c) additional interest. in the amount of Seven Thousand Five
Hundred Dollars ($7,500.00), for a total payment of$83,125.00.
5. Principal and interest shall be payable in immediately available funds at the
address of Payee set forth above or at such other place as Payee may designate in writing. All
payments received hereunder shall be applied first to late charges and other sums which may be
owed to Payee hereunder as a consequence of Makers default, then to accrued interest, then to
principal.
6. If any installment of interest or principal and interest or any other payment is not
paid under the terms of this Note, then there shall also be immediately due and payable a late
charge at the rate of five percent (5.00%) of such delinquent payment for each month of
.delinquency, whichever is greater.
7. It is further understood, however, that should any default be made in the payment
of any installment of principal and interest on the date on which it shall fall due, or if Maker shall
fail to observe any covenant or condition hereof, then Payee, at its option and without notice to
Maker unless expressly required elsewhere in this Note, in addition to Payee's right to declare
due and payable immediately the entire unpaid balance of the principal with interest accrued on it
at the applicable rate specified above to the date of default, after the date of default interest shall
accrue at a "default rate" which shall be five percent (5.00%) higher than the rate specified above
which would otherwise be applicable before default.
8. IF ANY AMOUNT DUE PAYEE UNDER THE NOTE SHALL REMAIN
UNPAID AT THE EXPIRATION OF THIRTY (30) DAYS AFTER RTRITTEN NOTICE
THEREOF TO THE MAKER, THEN THE MAKER HEREBY AUTHORIZE AND
EMPOWER IRREVOCABLY, THE PROTHONOTARY, CLERK OF COURT OR ANY
ATTORNEY OF ANY COURT OF RECORD TO APPEAR FOR THE MAKER IN SUCK
COURT, IN TERM, OR VACATION, AT ANY TIME AND CONFESS JUDGMENT IN
FAVOR OF PAYEE, WITH OR WITHOUT THE FILING OF AN AVERMENT OR
DECLARATION OF DEFAULT, FOR SUCH AMOUNT AS MAY APPEAR TO BE UNPAID,
ALL INTEREST DUE THEREON AND ALL REASONABLE COSTS INCURRED IN
CONNECTION WITH THE COLLECTION OF SUCH AMOUNT, TOGETHER WITH
REASONABLE ATTORNEY'S FEES. THE MAKER SHALL NOT CAt1SE ANY BILL IN
EQUITY TO BE FILED TO INTERFERE IN ANY MANNER WITH THE OPERATION OF
L
SUCH JUDGMENT, HEREBY RATIFYING AND CONFIRMING ALL THAT SAID
ATTORNEY MAY DO BY VIRTUE HEREOF. THE AUTHORITY HEREINABOVE
GRANTED SHALL NOT BE EXHAUSTED BY ONE EXERCISE THEREOF, BUT
JUDGMENT MAY BE CONFESSED AS AFORESAID FROM TIME TO TIME AND AS
OFTEN AS ANY DEFAULT SHALL OCCUR HEREUNDER. CONFESSION OF
JUDGMENT MAY BE MADE BY FILING COPIES OF THE BORROWERS' AGREEMENTS
AND THIS GUARANTY AGREEMENT IN LIEU OF ORIGINALS THEREOF.
PAYEE MAY CONFESS ONE OR MORE JUDGMENTS IN THE SAME OR
DIFFERENT JURISDICTIONS FOR ALL OR ANY PART OF THE AMOUNT OWING
HEREUNDER, WITHOUT REGARD TO V~THETHER JUDGMENT HAS THERETOFORE
BEEN CONFESSED ON MORE THAN ONE OCCASION FOR THE SAME AMOUNT. IN
THE EVENT ANY JUDGMENT CONFESSED AGAINST THE MAKER HEREUNDER IS
STRICKEN OR OPENED UPON APPLICATION BY OR ON THE MAKER' BEHALF FOR
ANY REASON, PAYEE IS HEREBY AUTHORIZED AND EMPOWERED TO AGAIN
APPEAR FOR AND CONFESS JUDGMENT AGAINST THE MAKER FOR ANY PART OR
ALL OF THE AMOUNTS OWING I-IEREUNDER, AS PROVIDED FOR HEREIN, IF DOING
SO WILL CURE ANY ERRORS OR DEFECTS IN SUCH PRIOR PROCEEDINGS.
THE MAKER ACKNOWLEDGE THAT THE MAKER UNDERSTAND THE
MEANING AND EFFECT OF THE CONFESSION CONTAINED IN THE FOREGOING
PARAGRAPH. SPECIFICALLY, THE MAKER UNDERSTAND AMONG OTHER THINGS
THAT (I) THE MAKER ARE RELINQUISHING THE RIGHT TO HAVE NOTICE, EXCEPT
AS PROVIDED HEREIN, AN OPPORTUNITY TO BE HEARD AND THE RIGHT TO HAVE
THE BURDEN OF PROOF OF DEFAULT REST ON PAYEE PRIOR TO THE ENTRY OF
JUDGMENT, (2) THE ENTRY OF JUDGMENT MAY RESULT IN A LIEN ON THE
MAKER' PROPERTY, (3) THE MAKER WILL BEAR THE BURDEN AND EXPENSE OF
ATTACKING THE JUDGMENT AND CHALLENGING EXECUTION ON THE LIEN AND
SALE OF THE PROPERTY COVERED THEREBY, AND (4) ENOUGH OF THE MAKER'
PROPERTY MAY BE TAKEN TO PAY THE PRINCIPAL AMOUNT, INTEREST, COSTS
AND ATTORNEY'S FEES.
MAKER HEREBY CONSENT TO THE APPLICATION OF PENNSYLVANIA LAVi-'
TO THE NOTE AND TO THE JURISDICTION OF THE COURTS OF THE
COMMONWF,ALTH OF PENNSYLVANIA, INCLUDING, WITHOUT LIMITATION, THE
COMMON PLEAS COURTS OF CUMBERLAND COUNTY.
9. Payment may be enforced and recovered in whole or in part. at any time by any
legal method available to Payee, including an action at law to recover the sums due hereunder. In
such a case Payee may also recover all costs of suit and other expenses in connection with it,
together with a reasonable attorney's comnussion for collection, together with interest on any
judgment obtained by Payee at the default rate (defined above), including interest at the default
rate from and after the date of any execution, judicial or foreclosure sale until actual payment is
made to Payee of the full amount due Payee.
10. The remedies of Payee under this Note or at law shall be cumulative and
concurrent, and may be pursued singly, successively, or together at the sole discretion of Payee,
and may be exercised as often as occasion therefor shall occur; and the failure to exercise any
such right or remedy shall in no event be construed as a waiver or release thereof.
11. Maker hereby waives and releases all errors, defects and imperfections in any
proceedings instituted by Payee under the terms of this Note and Maker agrees that any real
estate that may be levied upon pursuant to a judgment obtained by virtue hereof, on any writ of
execution issued thereon, maybe sold upon any such writ in whole or in part in any order desired
by Payee.
12. Maker and all endorsers, sureties and guarantors hereby jointly and severally
waive presentment for payment, demand, notice of demand, notice of nonpayment or dishonor,
protest and notice of protest of this Note, and all other notices in connection with the delivery,
acceptance, performance, default, or enforcement of the payment of this Note, and they agree that
the liability of each of them. shall be unconditional, except as to any limitations of liability that
may be set forth in instruments evidencing any such liability, without regard to the liability of any
other party, and shall not be affected in any manner by any indulgence, extension of time,
renewal, waiver or modification granted or consented to by Payee. Maker and all endorsers,
sureties, and guarantors consent to any and all extensions of time, renewals, waivers, or
modifications that may be granted by Payee with respect to the payment or other provisions of
this Note, and to the release of the collateral or any part of it, with or without substitution, and
4
agree that additional makers, endorsers, guarantors, or sureties may become parties to it without
notice to them or affecting their liability under this Note.
13. if any provisions of this Note are held to be invalid or unenforceable by a Court of
competent jurisdiction, the other provisions of this Note shall remain in full force and effect and
shall be construed liberally in favor of Payee in arder to effectuate the provisions of this Note. In
no event shall the rate of interest payable under this Note exceed the maximum rate of interest
permitted to be charged by the applicable law (including the choice of law rules) and any interest
paid in excess of the permitted. rate shall be refunded to Maker. That refund shall be made by
application of the excessive amount of interest paid against any sums outstanding and shall be
applied in such order as Payee may determine. If the excessive amount of interest paid exceeds
the sums outstanding, the portion exceeding the sums outstanding shall be refunded in cash by
Payee. Any crediting or refund shall not cure or waive any default by Maker under this Note.
Maker agrees, however, that in determining whether or not any interest payable under this Note
exceeds the highest rate permitted by law, any non-principal payment (including, without
limitation, loan discount fees, prepayment fees and late charges), shall be deemed to the extent
pernitted by law, to be an expense, fee, premium or penalty rather than interest.
14. Payee shall not be deemed, by any act of omission or commission, to have waived
any of its rights or remedies under this Note unless such waiver is in writing and signed by
Payee, and then only to the extent specifically set forth in the writing. A waiver on one event
shall not be construed as continuing or as a bar to or waiver of any right or remedy to a
subsequent event.
15. This instrument shall be governed by and construed and interpreted according to
the laves of the Commonwealth of Pennsylvania and the Maker consents to the jurisdiction of
state and federal courts within the Commonwealth of Pennsylvania over the enforcement of
payment of this Note.
16. Maker shall have the right to prepay, at any time or from time to time, without
penalty, all or any portion of the principal sum hereof; provided, however, any such prepayment
is accompanied by payment of all interest accrued hereunder, PLUS the additional interest due on
December 31.2009 in the amount of Seven Thousand Five Hundred Dollars ($7,500.00), and
costs and expenses to the date of prepayment.
l 7. Whenever used, the singular number shall include the plural, the plural the
singular, the use of any gender shall be applicable to all genders, and the words "Payee" and
"Maker" shall be deemed to include the respective successors and assigns of Payee and Maker. If
Maker consists of more than one (1) person, corporation or other entity, the obligations and
liabilities of such persons, corporations or other entities under this Note shall be joint. and
several, and the work "Maker" shall mean all or some or any of them.
18. This Note may not be changed or terminated orally.
IN WITNESS WHEREOF, Maker, intending to be legally bound hereby, has caused
this Note to be executed the day and year first above written.
WITNESS:
(SEAL)
Eugene .Hays
6
(SEAL)
Joseph J. Cuneri, Jr
dba The Cuneri Real Estate Company
591-11 Geneva Drive
Mechanicsburg, Pa 17055,
March 24, 2010
CERTIFIED MAIL 7001 1940 0006 8637 2877 RETURN RECEIPT REQUESTED
And REGULAR MAIL
Adam J. Miller
301N. 26th Street
Camp Hill, PA 17011
RE: $75,000 Promissory Note dated November 14, 2008 (the "Note")
Dear Mr. Miller:
You are hereby notified that you are in default of your obligations under the above-
referenced Note because you have not made the payments required under the Note on and
after August 1, 2009. Under the terms of the Note the following amounts were due and
payable on the dates indicated:
8/ 1 /2009 $625
9/ 1 /2009 $625
10/1/2009 $625
1 1 / 1 /2009 $625
12/1 /2009 $625
12/31 /2009 $83,125.00
TOTAL $86,250.00
IF PAYMENT OF $86,250.00 IS NOT RECEIVED BY APRIL 30, 2010, I INTEND
TO EXERCISE MY RIGHTS UNDER THE NOTE, INCLUDING WITHOITT
BEING LIMITED TO: (1) ASSESSING LATE CHARGES ALLOWED UNDER
PARAGRAPH 5 OF THE NOTE, (2) INCREASING THE INTEREST RATE TO
15.00% AS OF THE DATE OF DEFAULT (AUGUST 1, 2009) AS PROVIDED
FOR UNDER PARAGRAPH 6 OF THE NOTE, AND (3) CONFESSING
JUDGMENT AGAINST YOU FOR THE TOTAL SUM DUE AS WELL AS
COSTS OF COLLECTION AND A REASONABLE ATTORNEY'S FEE. I MAY
ALSO EXERCISE ANY OR ALL OTHER REMEDIES AVAILABLE UNDER
THE LAW TO COLLECT THE AMOUNTS DUE TO ME UNDER THE NOTE. ~
Adam J. Miller
March 24, 2010
Page 2
You may avoid legal action by making payment of $86,250.00 by April 30, 2010. Please
remit this amount by certified check or money order to me at the above address.
Very truly yours,
i
~ ~~.
G",.
Jos J. Cu eri.
i"
cc: Johnna J. Kopecky, Esquire /
AFFIDAVIT OF BUSINESS PURPOSE AND DISCLOSURE FOR
CONFESSION OF JUDGMENT
Today I am signing a promissory note in the amount of $75,000.00 ("Note"), which
obligates me to pay the principal amount, plus interest, costs and other sums referred to therein
(the "Loan") to Joseph J. Curreri, Jr (the "Payee").
I hereby certify that the proceeds of the Loan will be used by me solely for commercial
business purposes and not for the personal, family or household purposes of any individual I
further certify that my annual income exceeds $10,000.00. I further certify that I have had the
opportunity to seek counsel from an attorney in connection with this transaction and have chosen
not to do so.
I understand that the Note I am signing contains provisions:
1. which permits the Payee to obtain a judgment against me in any Court of
Common Pleas in the Commonwealth of Pennsylvania by confession.
2. by which I am consenting to the entry of judgment against me without any notice
or hearing, and to the seizure and sale of my property in full or partial payment of the judgment
without any notice or hearing.
I understand that a judgment may be obtained against me without the following, all of
which I have voluntarily, intentionally, understandingly and knowingly waived:
the right to notice and a hearing;
2. the right to reduce or set-off a claim by deducting a claim I may have against the
Payee (called the "right of declaration");
release of errors;
4. inquest (the right to ascertain whether the rents and profits of my real estate will
be sufficient to satisfy the judgment within seven years);
5. stay of execution;
6. exemption laws now in force or hereafter to be passed;
1
the right to defend against the entry of judgment against me.
1 further understand, and my attorney has explained to me, that the Payee may, after entry
of~judgment, and without prior notice or a hearing, foreclose upon, attach, levy on or otherwise
seize my property in full or partial payment of the judgment.
Sworn to and subscribed be ore
me this 1 ~ day of ,~O~Y
2008. ~
Notary
Commonwealth of Pennsyivmi~
NOTARIAL SEAL
JUDY A. SOSTP,R, NOTARY PU®LIC
CITY OF HARRISBURG, DAUPHIN COUNrY
MY COMMISSION EXPIRES MARCH 21, 2AQ6
2
JOSEPH J. CURRERI, JR.
Plaintiff
v.
ADAM J. MILLER
Defendant
COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 10 -
CNIL ACTION -CONFESSION OF JUDGMENT
VERIFICATION
I verify that the statements made in the foregoing document are true and correct. I
understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904,
relating to unsworn falsification to authorities.
V~.~ ~ ~ -•-- -
JOSEPH J. CURRERI, JR.
Plaintiff
v.
ADAM J. MILLER
Defendant
COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
,~
NO. 10 - J~ Old
CIVIL ACTION -CONFESSION OF JUDGMENT
NOTICE
TO: Adam J. Miller
301 N. 26th Street
Camp Hill, PA 17011
PURSUANT TO PA.R.C.P. 236, YOU ARE HEREBY NOTIFIED THAT
JUDGMENT IN THE ABOVE-CAPTIONED CASE HAS BEEN ETERED AGAINST YOU.
Date: ~ _
OTHONOTARY
IF YOU HAVE ANY QUES PIONS CONCERNING THIS NOTICE, PLEAS
CONTACT PLAINTIFF'S COUNSEL AT THE ADDRESS AND PHONE NUMBER
LISTED BELOW:
Jason E. Kelso, Esquire
Attorney ID # 209107
Saidis Sullivan Law
26 West High Street
Cap lisle, PA 17013
Telephone: (717) 243-7770
SHERIFF'S OFFICE OF CUMBERLAND COUNTY
Ronny R Anderson FILED-Oi Ff r
Sheriff ii I HE P 10 H 0, n,..
rh .
Jody S Smith i
Chief Deputy 2010 BEC 21 PM 3: 0 7
Richard W Stewart
?+ CI'i i
Solicitor PENNSYl.MH11tt',
Joseph J. Curreri, Jr. Case Number
vs. 2010-7600
Adam J. Miller
SHERIFF'S RETURN OF SERVICE
12/13/2010 05:45 PM - Stephen Bender, Deputy Sheriff, who being duly sworn according to law, states that on
December 13, 2010 at 1745 hours, he served a true copy of the within Complaint in Confession of
Judgment, upon the within named defendant, to wit: Adam J. Miller, by making known unto Dana Miller,
Wife of defendant at 301 N. 26th Street, Camp Hill, Cumberland County, Pennsylvania 17011 its contents
and at the same time handing to her personally the said true and correct copy of the same.
STE HEN BE DER, DEPUTY
SHERIFF COST: $41.94
December 15, 2010
SO ANSWERS,)
RON R ANDERSON, SHERIFF
LED-OFFICE
JOSEPH J. CURRERI, JR. COURT OF COMMON PLE k? F R C T.' 0 B TAR Y
Plaintiff CUMBERLAND COUNTY, FWAAI,.?Al? ; r
V.
ADAM J. MILLER
NO. 10-7600 CIVIL CUMBEiiI_laND COUI,!T`'
f,) F NN J Y L VA I ,%
CIVIL ACTION - CONFESSION OF JUDGMENT
Defendant
PROOF OF SERVICE OF NOTICE UNDER RULE 2958.1 OF JUDGMENT AND
EXECUTION THEREON NOTICE OF DEFENDANT'S RIGHTS
I, Jason E. Kelso, Esquire, attorney for Plaintiff, being duly sworn according to law, that
written Notice Under Rule 2958.1 of Judgment and Execution Thereon Notice of Defendant's
Rights was mailed to Defendant, Adam J. Miller, on December 27, 2010, by certified mail,
return receipt requested, addressed to Adam J. Miller, 301 N. 26th Street, Camp Hill, PA 17011
pursuant to Pa.R.C.P. 403. Defendant's authorized agent, his wife, Dana Miller, signed and
acknowledged receipt of the Notice Under Rule 2958.1 on December 28, 2010. A true and
accurate copy of the Notice Under Rule 2958.1 of Judgment and Execution Thereon Notice of
Defendant's Rights is attached hereto as Exhibit "A". A true and accurate copy of the receipt
for the certified mailing and the return receipt card showing delivery are both attached hereto as
Exhibit "B".
RESPECTFULLY SUBMITTED,
SAIDIS SULLIVAN & ROGERS
SAIDIS
SULLIVAN
LAW
26 West High Street
Carlisle, PA
Date: 116 It,
By:
'.on E. Kelso, Esquire
Attorney ID # 209107
Saidis Sullivan & Rogers
26 West High Street
Carlisle, PA 17013
Telephone: (717) 243-6222
Fax (717) 243-6486
jkelso@ssr-attomeys.com
r
Sworn and subscribed before me this j" / day
2011.
commissi
NOTARIAL SEAL
RENEE L MURRAY. Notary Public
Carlisle Boro, Cumberland County, PA
2013
My Commission 1 x*j ms Dec. 13.
JOSEPH J. CURRERI, JR. COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V. NO. 10 - 7600 CIVIL
ADAM J. MILLER CIVIL ACTION - CONFESSION OF JUDGMENT
Defendant
NOTICE UNDER RULE 2958.1 OF JUDGMENT AND EXECUTION THEREON
NOTICE OF DEFENDANT'S RIGHTS `
TO: Adam J. Miller
301 N. 26"' Street
Camp Hill, PA 17011
Date of Notice: December 27, 2010
A judgment in the amount of $103,312.26 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.
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 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 PERSON AT A REDUCED FEE OR NO FEE.
Cumberland County Bar Association
32 South Bedford St.
Carlisle, Pennsylvania
Telephone number (717) 249-3166
SAIDIS
-'ULLIVAN
LAW
26 West High Street
Carlisle, PA
RESPECTFULLY SUBMITTED,
SAID SU VAN LAW
Date: dz-?//j ?
on E. Kelso, Esquire
Attorney ID # 209107
Saidis Sullivan Law
26 West High Street
Carlisle, PA 17013
Telephone: (717) 243-7770
p it e •
M s • ?-
Lr7
`° --
riI
? : sta7e ? $ ? ? r
Op r: F:u,t j i)
ietar ke?•?ipt Fee ?,
p (Eno;?;se11e,?' ReGuiredi ? ?
C3 Postmark
Rec! icteri Dei,ven- Fee. Here
p (Era: ? semeni Aequireal
SO
Ill lot:; Foatage S Fees
C3
a
R OrPO6 :)J. PC,
a
¦ Complete ,items 1, 2, and 3. Also complete
item 4 if Restricted 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 mailpiece,
or on the front if space permits.
1. Article Addressed to:
Adam-';f Miller
30 &26th Street
C 11, PA 17011
xx
A. S' ure
X-; i ? Agent
l?J`1 Addre
B. Received by (Printed Name) C, D,* 9W4
D. Is delivery address different from item 1? N Yet
If YES, enter delivery address below: g No
t?
3. Service Type
'Certified Mail ? Express Mail
? Registered ? Return Receipt for Merchandise
? Insured Mail ? C.O.D.
4. Restricted Delivery? (Extra Fee) Kyes
2. Article Number 7 010 0290 0000 6128 6150
(rmnsfar from service law
PS Form 3811, February 2004 Domestic Return Receipt 102595-02-M-1540
JOSEPH J. CURRERI, JR. COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V. NO. 10 - 7600 CIVIL
ADAM J. MILLER CIVIL ACTION - CONFESSION OF JUDGMENT
Defendant
CERTIFICATE OF SERVICE
AND NOW, January 6, 2011, I, Jason E. Kelso, Esquire, hereby certify that I did serve
SAIDIS
SULLIVAN
LAW
26 West High Street
Carlisle, PA
a true and correct copy of the foregoing Proof of Service of Notice under Rule 2958.1 of
Judgment and Execution Thereon Notice of Defendant's Rights upon Defendant, Adam J.
Miller, by depositing, or causing to be deposited, same in the U.S. mail, postage prepaid,
Carlisle, Pennsylvania, addressed as follows:
By First-Class Mail:
Adam J. Miller
301 N. 26"' Street
Camp Hill, PA 17011
SAIDIS SULLIVAN & ROGERS
/on Kelso, Esquire
S
JOSEPH J. CURRERI, JR. COURT OF COMMON PLEAS OF ?Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA --uZZ === -°
rqcu ---z
m 1 ..
V. NO. 10 - 7600 CIVIL
ADAM J. MILLER CIVIL ACTION - CONFESSION OF JUDGMEI4ic
Defendant }
ORDER
AND NOW, this day of 2011, upon consideration of
Plaintiff s Motion for Sanctions against Defendant for Defendant's Failure to Answer Plaintiff s
Interrogatories in Aid of Execution Directed to Defendant, it is hereby ORDERED that the motion is
granted and Defendant, Adam J. Miller, shall answer Plaintiffs Interrogatories within thirty (30) days of
the date of this order or appropriate sanctions will be imposed upon further application to the Court.
BY THE COURT,
L/ Adam ,J . M it ler, def4
06P 0