The URL can be used to link to this page

Home My WebLink About01-1992 CONSUMERS LIFE INSURANCE COMPANY, ' IN THE COURT OF COMMON PLEAS i CUMBE~A~ COUNTY, PENNSYLVANIA Plaintiff . V. ' CIVIL ACTION_ LAW MATT CORPO~TION, ' i o,- Co;( Defendant · COMPLAINT 1. Plaintiff is Consumers Life Insurance Company ("Consumers"), a Dc/aware Corporation with offices located at 1200 Camp Hill By-Pass, Camp Hill, Pennsylvania 17001 0026. _ 2. Defendant is Matt Corporation, a Pennsylvania Corporation with offices located at 2016 Yale Avenue, Camp Hill, Pennsylvania. 3. On March 31, 1999, Consumers and Matt Corporation executed a Judgment Note (the "Note"). A true and correct copy of the Note and an affidavit verifying the Note are attached hereto as Exhibit A. 4. The Note provided that Matt Corporation would pay $15,668.25 to Consumers in three equal payment of $5,222.75. Se~e Paragraph 2 of Exhibit A. 5. The Note contains confession of judgment and warrant of attorney provisions which, upon tenant's default of the note, authorize any attorney of any court of record to appear for Matt Corporation and to confess judgment for the recovery of the unpaid principal sum, plus interest and all other charges due under the Note, including an attorney's commission consisting of 10% of the amount due and costs of suit. Se_~e Paragraph 6 of Exhibit A. 6. The Note states that the first payment is due on or before June 1, 1999, that the second payment is due on or before September 1, 1999, and that the third payment is due on or before December 1, 1999. See Paragraph 2 of Exhibit. A. 7. The Note provides that the failure to pay the full amount of principal on or before any payment due date constitutes a default of the Note. See Paragraph 4(B) of Exhibit A. 8. Matt Corporation has failed to make any payment of any amount required by the Note. 9. Matt Corporation is in default of the Note. 10. The Note provides that any payment which is not received within five days after the due date is subject to a late charge of 5% of the payment. See Paragraph 4(A) of Exhibit A. 11. The Note provides that any payment that is not made on or before the due date is subject to default interest at a yearly rate of 12%. See Paragraph 5 of Exhibit A. 12. An itemized computation of the amount due through April 4, 2001, is as follows' First Payment $5,222.75 Second Payment $5,222.75 Third Payment $5,222.75 5% Late Charge on First Payment $ 261.14 5% Late Charge on Second Payment $ 261.14 5% Late Charge on Third Payment $ 261.14 Default Interest on First Payment $1,157.30 Default Interest on Second Payment $ 999.33 Default Interest on Third Payment $ 843.08 Subtotal $19,451.38 10% Attorneys Commission $1,945.14 TOTAL $ 21,396.52 plus costs. 13. Judgment is not being entered by confession against a natural person in connection with a consumer credit transaction. 14. Neither Consumers nor Matt Corporation has assigned the Note to any other party. 15. Judgment has not been entered on the Note in any jurisdiction. WHEREFORE, Consumers Life Insurance Company demands judgment against Matt Corporation in the amount of $21,396.52, plus costs. McNEES, WALLACE & NURICK ~kimb~ly M. Colonna I.D. No. 80362 100 Pine Street P.O. Box 1166 Harrisburg, PA 17108-1166 (717) 237-5278 Attorneys for Plaintiff Dated: April 5, 2001 04/05/200l 10- 49 7177619473 CONSUHERS F'TNANCTAI_ PAGE 02/02 MCNEE$,WRLLRC~,NURICK2 ID'?I(-2~¢-b~UU H~'h~ U>'U3. ~U:'~ NO.U'~ ~.uo Subject to flzc pona.llJo$ of Itt Pa, C.$.A. ~ 4904, rolating to un.om falsifi~tion to authorities, I hereby e~rti~ tlmt I am thc Trc~uror of (~t~um~ Life Inau~nee Company, ~at I am authofi~ to make t~s vofifioation on its bc~lf, t~t I have r~wod tho brego~g and that the recta ~ fo~h therein are ~u~ and corr~t to fl~ bo~ of my ~owl~gc, inb~ation md holie£. CONSIJM~,RS LIFE I]qSURAN(:~ COMPANY By ~_~.ulli~~ or '----' Dated: Exhibit A JUDGMENT NOTE ~ ~c~A ~i , 1999 $15,668.25 1. BORROWER'S PROMISE TO PAY FOR VALUE RECEIVED, Matt Corporation, with an office at 2016 Yale Avenue, Camp Hill, Pennsylvania, ("Maker") promises to pay Fifteen Thousand Six Hundred Sixty-Eight Dollars and 25/100 Cents ($15,668.25) (this amount is called "principal"), to the order of Consumers Life Insurance Company ("Consumers"). Maker understands that Consumers may transfer this Note. Consumers or anyone who takes this Note by transfer and who is entitled to receive payments under this Note is called'the "Note Holder." 2. PAYMENTS Principal on this Note is due and payable in three equal payments of $5,222.75 each, as follows' thc sum of $5,222.75 on or before June 1, 1999; thc sum of $5,222.75 on or before September 1, 1999; and thc sum of $5,222.75 on or before December 1, 1999. Maker will make thc required payment at 1200 Camp Hill By-Pass, Camp Hill, Pennsylvania 17001- 0026 or at a different place if required by the Note Holder. 3. BORROWER'S RIGHT TO PREPAY Maker has thc right to make payments of principal at any time before thc Payment Due Date without paying any prepayment charge. When Maker makes a prepayment, Maker will tell the Note Holder in writing that Maker is doing so. The Note Holder will usc all of Maker's prepayments to reduce the amount of principal that Maker owes under this Note. 4. BORROWER'S FAILURE TO PAY AS REQUIRED (A) Late Charge for Overdue Payment If thc Note Holder has not received thc full amount of a payment pursuant to paragraph 2 hereof by the end of five (5) calendar days after the payment duc date, Maker will pay a late charge to thc Note Holder. The amount of thc charge will be five percent (5 %) of the payment not paid when due. Maker will pay this late charge promptly. (B) Default If Maker does not pay the full amount of principal on or before any payment duc date, Maker will be in default. ~m ' $. DEFAULT INTEREST If a payment is not made in full on or before a paymem due date, interest will be charged until the full amount of the payment has been paid. Maker will pay imerest at a yearly rate of twelve percem (12 %). The interest rate required by this Section 6 is also the rate Maker will pay after a judgmem, if any, is entered on this Note. 6. CONFESSION OF JUDGME~ UPON EVENT OF DEFAULT MAKER DOES HEREBY IRREVOCABLY AUTHO~E AND EMPOWER ANY PROTHONOTARY, CLERK OR ATTORNEY OF CHARGES OR SUMS D TH INTEREST, IF_ _ANY, AND ALL OTHER UE HEREUNDER, TOGETHER WITH A REASONABLE ATTORNEYS, COMMISSION FOR COLLECTION OF TEN (10%) PERCENT OF THE WAIVES THE RIGHT (~F I~~~I'TI~INA~-~O~-'-E~,XE~C~-U~-IO--N;--A~ MAKER ALSO LEVIED UPON TO COLLEC~ TH w.,, ,'~L'~ X K.,~AL E~TA__TE THAT MAY BE CONDEMN THE SAME A~rr~ ATr'v'r~E,~N2~TE~-.~A~I)--p?ES HEREBY VOLUNTARILY 'r~ WaIT Og ~:X~CVTI O~_O_ _TAaY TO ~:~rr~a vP ON SAID VOLUNTARY CONDEMN. · AGREES THAT SAID . __ ATION, AND FURTHER . .......... REAL ESTATE MAY BE SOLD ON A W ne P~t"V/"~IFl~"~T A?RAIS~M~'r, STAY OR EXEMPTION --,,,o ,-,-~ - ..... .1~_ OM A~ A~ ALL OR HEREINAFTER IN FORCE TO BE PASSED. ~,,-,,, o ~,,r ,a~ r STATE NOW OLO - _ms so , · - ~,~~- oR SOMEONE ON TIlE HOLD ' BEHALF, HAS BEEN FILED IN S __ ER S ~I~.~. '~m~ cm~,-,-- ........ UCH ACTION, IT WILL NOT BE NECESSARY .... --~, ,.,.-~,.d~'~At, O~' THIS NOTE A TO A~rr~'~n"~=' .,~. ......... S A WARRANT OF ATTORNEY. TI-~. -- ~,.~--~_ rw~x ~o I~I~'IER JUDGMENT A MAKER WILL NOT BE EXHAUSTED GAINST BY THE [~TIAL EXERCISE OF AUTHORIZED POWER, AND THE POWER MAY R~'. ~x'~v~r~ ....... THE TIME AS OFTEN AS THE HOLD .... --~,-,,..._._o~o ~'KOM TIME TO ER DEEMS NECESSARY OR DESIRABLE; AND THIS INSTRUMENT WILL BE A SUFFICIENT WARRANT. K.r~:¥, PROTHONOTARY OR CLERK TO CONFESS JUDGMENT - ~x~owl.~L¥, INTENTIONALL VOLUNTARILY, AND, AFTER CONSUL'V,'w',~,-, ~.,.,... ....... Y AND · ,-~ · x~.,~ wj · j-j LI~./AL COUNS OWN CHOOSING, UNCONDITIONALLY ~rv-~e ,,~, .,,~. ....... :EL OF ITS W.-~, ~,o ,~ ~ ,~~ ,at,L RIGHTS IT HAS ~O~STITUTIONS AND LAWS OF THE UNITED STATES OF THE COMMONWEALTH OF PENNSYL ._ AMERICA, JURISDICTIONS. VANIA AND ALL OTHER APPLICABLE · MAKER UNDERSTANDS THE MEANING AND EFFECT OF THE WARRANT OF AUTHORITY TO CONFESS JUDGMENT CONTAINED IN THE FOREGOING PARAGRAPHS. SPECIFICALLY, MAKER UNDERSTANDS, AMONG OTHER THINGS, THAT (I) MAKER IS RELINQUISHING THE RIGHT TO HAVE NOTICE, AN OPPORTUNITY TO BE HEARD, AND THE RIGHT TO HAVE THE BURDEN OF PROOF OF DEFAULT REST ON THE NOTE HOLDER PRIOR TO THE ENTRY OF JUDGMENT, (II) THE ENTRY OF JUDGMENT MAY RESULT IN A LIEN ON MAKER'S PROPERTY, (III) MAKER'S PROPERTY MAY BE TAKEN TO PAY THE PRINCIPAL AMOUNT, INTEREST, LATE CHARGES, COSTS AND ATTORNEYS' FEES AS PROVIDED ABOVE. TO THE EXTENT PERMITTED BY LAW, ACTING UNDER REPRESENTATION OF COUNSEL, MAKER HEREBY IRREVOCABLY WAIVES ANY DUE PROCESS RIGHTS TO PREJUDGMENT NOTICE AND HEARING AND/OR POST-SEIZURE RELIEF ARISING IN CONNECTION WITH, OR IN ANY WAY RELATED TO, THE NOTE HOLDER'S RIGHT TO CONFESS JUDGMENT AGAINST MAKER AS HEREIN PROVIDED, AND MAKER ACKNOWLEDGES AND UNDERSTANDS THAT BY WAIVING THESE RIGHTS, MAKER HAS CONSENTED TO ALLOW THE NOTE HOLDER TO ENTER A COURT JUDGMENT AGAINST MAKER WITHOUT PRIOR NOTICE OR HEARING IN ORDER TO SATISFY THE OBLIGATIONS OWED BY MAKER TO THE NOTE HOLDER. MAKER HEREBY KNOWINGLY AND IRREVOCABLY WAIVES TRIAL BY JURY IN ANY ACTION OR PROCEEDING TO ENFORCE, OR OTHERWISE INVOLVING, THIS NOTE. MAKER FURTHER IRREVOCABLY CONSENTS TO THE JURISDICTION AND VENUE OF ANY STATE OR FEDERAL COURT SITTING IN OR FOR DAUPHIN COUNTY, PENNSYLVANIA. [Initials: _~~ 7. GIVING OF NOTICES Unless applicable law requires a different method, any notice that must be given to Maker under this Note will be given by delivering it or by mailing it by first class mail to Maker at the Property Address above or at a different address if Maker gives the Note Holder a notice of our different address. Any notice that must be given to the Note Holder under this Note will be given by mailing it by first class mail to the Note Holder at the address stated in Section 2 above or at a different address if Maker is given a notice of that different address. WAIVERS Maker waives the rights of presentment and notice of dishonor. "Presentment" means the right to require the Note Holder to demand payment of amounts due. "Notice of dishonor" · means the right to require the Note Holder to give notice to other persons that amounts due have not been paid. WITNESS THE HAND(S) AND SEAL(S) OF THE MAKER. ATTEST/%'.;~-~ -SS: MATT CORPORATION BY: Presidem 175525.1 CONSUMERS LIFE INS~NCE COMPANY, ' IN THE COURT OF COMMON PLEAS · CUMBERLAND COUNTY, PENNSYLVANIA · Plaintiff · · V. · CIVIL ACTION- LAW · MATT CORPORATION, ' No. · Defendant · Affidavit V~nt Note Kimbcrly M. Colonna, on bchal£ o£ Consumers Life Insurance Corporation, being duly sworn, declares and affirms as follows: 1. I am an attorney with the law firm of McNees, Wallace & Nur/ck. 2. McNees, Wallace & Nurick represents Consumers Life Insurance Corporation, the Plaintiff in the above-captioned matter. 3. A copy of a Judgment Note is attached to the Complaint in the above-captioned matter as Exhibit A. 4. By consulting with a representative of Consumers Life Insurance Corporation, I have verified that the copy of the Judgment Note attached to the Complaint as Exhibit A is a true and correct copy. Further the affiant saith not. Subscribed and sworn before me this ff~ day of April 20 otary Public CERTIFICATE OF SERVICE I hereby certify that a true copy of the foregoing document was this day served upon the following via first class mail, postage prepaid: Matt Corporation 2016 Yale Avenue Camp Hill, PA 17011 Kim~erly ~.' C~lonna Date: April 5, 2001 t CONSUMERS LIFE INSURANCE · IN THE COURT OF COMMON PLEAS COMPANY, ' CUMBERLAND COUNTY, PENNSYLVANIA · Plaintiff · v. ' CIVIL ACTION- LAW MATT CORPORATION, · No. : Defendant · CONFESSION OF JUDGMENT Pursuant to thc authority contained in thc warrant of attorney, thc original or a copy of which is attached to thc complaint filed in this action, I appear for the defendant and confess judgment in favor of plaintiff and against thc defendant as follows' Principal $15,668.25 Late Charges $ 783.42 Interest $ 2,999.71 Subtotal $ 19,451.38 Attorneys Fees $ 1,945.14 TOTAL $ 21,396.52 plus costs McNEES, WALLACE & NURICK ~imberly 19I. Colonna I.D. No. 80362 100 Pine Street P.O. Box 1166 Harrisburg, PA 17018-1166 (717) 237-5278 Attorneys for Defendant Dated: April 5, 2001 CONSUMERS LIFE INSURANCE · IN THE COURT OF COMMON PLEAS COMPANY, · CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff · · V. · CIVIL ACTION- LAW Defendant · Notice of Judgment TO: Matt Corporation, Defendant 2016 Yale Avenue Camp Hill, PA 17011 You are hereby notified that on _~ ~.~'" ., 2001, judgment by confession was entered against you in the sum of $ 21,396.52, plus costs, in the above-captioned case. Copies of the documents filed in support of the confession of judgment (the Complaint and the Confession of Judgment) are enclosed herewith. DATE: Copy to Attorneys for Plaintiff: Kimberly M. Colonna McNees, Wallace & Nurick 100 Pine Street P.O. Box 1166 Harrisburg, PA 17108-1166 CONSUMERS LIFE INSURANCE · IN THE COURT OF COMMON PLEAS COMPANY, · CUMBERLAND COUNTY, PENNSYLVANIA · Plaintiff · · v. ' CIVIL ACTION- LAW · MATT CORPORATION, ' No. O1- [(~~ Got o Defendant · Notice under Rule 2958.3 of Judgment and Execution Thereon Notice of Defendant's Rights TO: Matt Corporation: A judgment in the amount of $21,396.52, plus costs, has been entered against you and in favor of the plaintiff without prior notice and hearing based upon a confession of.judgment contained in a written agreement or other paper allegedly signed by you. The court has issued a writ of execution which directs the sheriff to take your money or other property owned by you to pay thc judgment. If your money or property has been taken, you have the right to get the money or property back if you did not voluntarily, intelligently, and knowingly give up your constitutional right to notice and hearing prior to the entry of judgment of if you have defenses or other valid objections to the judgment. You have a right to a prompt court hearing if you claim that you did not voluntarily, intelligently, and knowingly give up your rights to notice and hearing prior to the entry of judgment. If you wish to exercise this right, you must immediately fill out and sign the petition to strike the judgment which accompanies the writ of execution and deliver it to the Sheriff of Cumberland County at 1 Courthouse Square, Carlisle, PA 17013-3387. IT IS IMPORTANT THAT YOU ACT PROMPTLY. IT WILL BE TOO LATE TO REGAIN YOUR PROPERTY IF YOU WAIT · Il'i UNTIL AFTER THE PROPERTY HAS BEEN SOLD BY THE SHERIFF OR TURNED OVER TO THE PLAINTIFF YOU MUST FILE A PETITION SEEKING RELIEF ~ROM 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. ANY PETITION SEEKING RELIEF FROM THE JUDGMENT AND TO REGAIN POSSESSION MUST BE FILED WITHIN THIRTY (30) DAYS AFTER THE DATE ON WHICH THIS NOTICE IS SERVED ON YOU OR YOU MAY LOSE YOUR RIGHTS. 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 (717) 249-3166 1 (800) 990-9108 McNEES, WALLACE & NURICK I.D. No. 80362 100 Pine Street P.O. Box 1166 Harrisburg, PA 17108-1166 (717) 237-5278 Dated: April 5, 2001 Attorneys for Plaintiff CONSUMERS LIFE INSURANCE · IN THE COURT OF COMMON PLEAS COMPANY, ' CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff · v. ' CIVIL ACTION- LAW · MATT CORPORATION, · No. · Defendant · PETITION TO STRIKE JUDGMENT REQUEST FOR PROMPT HEARING I hereby certify that I did not voluntarily, intelligently and knowingly give up my right to notice and hearing prior to entry of judgment. I petition the court to strike the judgment on this ground and request a prompt hearing on this issue. I verify that the statements made in this Request for Heating are true and correct. I tmderstand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unswom falsification to authorities. Notice of the heating should be given to me at Matt Corporation 2016 Yale Avenue Camp Hill, PA 17011 Dated: Defendant CONSUMERS LIFE INS~cE COMPANY, · IN THE COURT OF COMMON PLEAS ~ CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff . · V. · CIVIL ACTION_ LAW MATT CORPO~TION, ' i No. 01 - 1992 Civil Term Defendant . PRAECIPE FOR WRIT OF EXECUTION To the Prothonotary: Issues a writ of execution upon a judgment entered by confession in the above matter, (1) directed to the sheriff of Cumber/and county; (2) against Matt Corporation, defendant; (3) and index this writ against Matt Corporation (4) Amount due: Principal $15,668.25 Late Charges $ 783.42 Interest $ 2,999.71 Attorneys Fees $ 1 945.14 Subtotal $ 21,396.~. Costs $ TOTAL $ Proceed to levy upon any and all persona/property of the Defendant located at 2016 Yale Avenue, Camp Hill, Pennsylvania. Certification I certify that: (a) This praecipe is based upon a judgment entered by confession, and (b) Notice pursuant to Rule 2958.3 will be served with the writ of execution. McNEES, WALLACE & NURICK ~rly M. Colonna I.D. No. 80362 100 Pine Street P.O. Box 1166 Harrisburg, PA 17108-1166 (717) 237-5278 Dated: April 10, 2001 Attorneys for Plaintiff R. Thcrnas Kline, Sheriff, who bein~ duly sworn accordin~ to law s ~. ares this writ is returned STAYED. ' Sheriff ' s Costs Advance Cos t s: $ 150.00 Docketing $ 18.00 Sheriff's Costs: 70. ].7 Poundage -/4.-3-~ 79.~ Law Library .50 Prothonotary 1.00 Refunded to Arty 5/21/01 Mi lage 9.30 Surcharge 20.00 Levy 20.00 70.17 Sworn and Subscribed to before So Answers. this ~f~_ day o~ ---- ~. Thomas Kline,/ .... " ' Sheriff ~001 A.D.,-- WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO. 01- ].992 CIVIL 313[ TERM - CIVIL ACTION - LAW COUNTY OF CUMBERLAND) TO THE SHERIFF OF Cumberlend COUNTY' To satisfy the debt, interest and costs due Cons~ers Life Insurance Com~ PLAINTIFF(S) from DEFENDANT(S) (1) You are directed to levy upon the property o! the defendant(s) and to sell p~cee~ 'to levy_ u_pon _ an___%t located at 2016 Yale Avenue, Camp Hill, Pennsylvania (2) 'You are also directed to attach the property o! the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that' (a) an attachment 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 otherwise disposing thereol; (3) ~fpr~perty~fthede~endant(s)n~t~eviedup~nansubjectt~attachmentis~~undinthep~ssessi~n~~any~ne~ther than a named garnishee, you are directed to notify hirn/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due_ $21: 396.52 L.L. _ $0.50 Due Prothy _ $1.00 Interest Atty's Comm % Other Costs - Atty Paid _ $ 32.00 Plaintiff Paid Date _____A_or~l 10 2001 Curtis R. Long · - , Prothonotary, Civil Division by' ~~~/~.~.~~ ~ Deputy REQUESTING PARTY' Name Kim~r__~ Colonna Address' !00 P~ne Street P. O. Box 1166 Attorney for" _ Plff - Telephone' _(717 ) 237-5278 Supreme cOurt ID No. _80362 CONSUMERS LIFE INS~NCE COMPANY, ' IN THE COURT OF COMMON PLEAS i CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff · · V. · CIVIL ACTION- LAW · MATT CORPORATION, ' No. 01 - 1992 Civil Term o Defendant · PLAINTIFF'S PRAECIPE TO MARK JUDGMENT SATISFIED To the Prothonotary: Kindly mark the judgment entered in this action SATISFIED. McNEES, WALLACE & NURICK Kim y M. Colonna I.D. No. 80362 100 Pine Street P.O. Box 1166 Harrisburg, PA 17108-1166 (717) 237-5278 Dated. May 21,2001 Attorneys for Plaintiff CERTIFICATE OF SERVICE The undersigned hereby certifies that on this date, a true and correct copy of the foregoing was served by regular first class mail, postage prepaid upon the following: Thomas B. Schmidt, III Pepper Hamilton, LLP 200 One Keystone Plaza North Front and Market Streets Harrisburg, PA 17108-1181 erly M. Colonna Dated: May 21, 2001