HomeMy WebLinkAbout11-2114F ILED-0 F ICS
219 11 FEB 22 PM 12* 2 2
SHANIKA BROWN :IN THE COURT OF COMMON PLEAS
Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA
V. :NO:
HETULKUMAR S. PATEL,
SHASHIKANT RAVJIBHAI PATEL,
and VARSHA SHASHIKANT PATEL
Defendants
TO THE PROTHONOTARY:
:CIVIL ACTION-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:
Principal
Attorney's Fees
Cost of Filing Complaint
&0
$ 21.865.03
$500.00
Total Judgment: $ 22,34244 007 -305", 6,3
Roy Galloway, Esq.
(Attorney for Defendants)
FILE-? -
_,??2 ORIGINAL
! A 9
SHANIKA BROWN +P F L: ITE&C
RT OF COMMON PLEAS
X?U
Plaintiff 'eW616RLAND COUNTY, PENNSYLVANIA
V. :NO: ?? v??l(1 l.?fl
HETULKUMAR S. PATEL, :CIVIL ACTION-CONFESSION OF JUDGMENT
SHASHIKANT RAVJIBHAI PATEL,
and VARSHA SHASHIKANT PATEL
Defendants
COMPLAINT FOR CONFESSION OF JUDGMENT FOR MONEY
PURSUANT TO Pa.R.C.P. 2952
AND NOW, this 16th day of February 2011, comes Karla Morgan, Plaintiff, by and
through her attorney, Roy Galloway, Esquire, and files the within Complaint for Confession of
Judgment For Money, and in support thereof, the following is averred:
1. Plaintiff, Shanika Brown, resides at 317 South Front., Steelton, PA 17113.
2. Karla Morgan was the original lender on the Promissory Note, and she assigned
her rights to receive payments to Plaintiff, Shanika Brown, for valuable consideration. (A
true and correct copy of the Assignment of Promissory Note is attached hereto as "Exhibit
A")
3. Defendant, Hetulkumar S. Patel, is the borrower of a loan from Plaintiff, and he
resides at 220 Tory Circle, Enola, Cumberland County, PA 17025.
4. Defendant, Shashikant Ravjibhai Patel, is a guarantor of the loan made by his son,
Hetulkumar S. Patel, and he resides at 220 Tory Circle, Enola, Cumberland County, PA
17025.
5. Defendant, Varsha Shashikant Patel, is a guarantor of the loan made by her son,
Hetulkumar S. Patel, and she resides at 220 Tory Circle, Enola, Cumberland County, PA
17025.
6. A true and correct copy of the Promissory Note and the Personal Guaranties
signed by Defendants is attached hereto as "Exhibit A"
7. Undersigned counsel hereby certifies that judgment is not being entered by
confession against a natural person in connection with a consumer credit transaction.
8. Plaintiff, Shanika Brown, was assigned the right to receive payment under the
Promissory Note and Personal Guaranties. (See Assignment of Promissory Note attached
hereto as Exhibit B)
9. Judgment has not been entered in any jurisdiction on the Promissory Note or
Personal Guaranty.
10. Plaintiff is confessing judgment because Defendants have failed to make their
payment due on February 3, 2011, and the ten day grace period provided in the Promissory
Note has passes.
11. Plaintiff has a security interest in Defendant's inventory at his grocery store since
he defaulted on his loan. See paragraph 7 of Promissory Note.
12. Defendants owe Plaintiff a total of $22, 392.53. Below please find the itemized
computation of the amount due as of February 15, 2011:
• $21,865.03 as of February 15, 2010 per Promissory Note and
Amortization Schedule (See Attached Promissory Note)
* $500.00 for attorney's fees, not including, attorney's fees which may
become due after initiation of this action.
• $27.50 for filing fee for filing of Complaint for Confession of Judgment.
Respectfully submitted,
oy L. Galloway, Esquire
Attorney I.D. No: 206841
1735 State St.
Harrisburg, PA 17103
(717) 232-6900
(Attorney for Plaintiff)
EXHIBIT A
.r
Y ,
PROMISSORY NOTE
Borrower: Hetulkumar S. Patel of
"Borrower")
Lender: Karla Morgan
Principal Amount:
(individually and collectively the
$28,000.00
FOR VALUE RECEIVED (the transfer of title of the entire inventory of Big Bs
Grocery store), excluding an ATM Machine, a Comcast monitor, a computer, a printer,
phone, chairs, and security system, the Borrower promises to pay to Karla Morgan at
5107 Haverford St., Harrisburg, PA 17109, or at such address as may later be provided in
writing to the Borrower, the principal sum of twenty-eight thousand ($28,000.00 ) USD,
with interest payable on the unpaid principal at the rate of 6 percent per annum,
calculated yearly not in advance.
2. This Note will be repaid in full 1 year from the execution of this Note.
3. If the Borrower defaults in payment as required under this Note or after demand for ten
(10) days, the Security will be immediately provided to Karla Morgan and Karla Morgan
is granted all rights of repossession as a secured party.
4. This Note will be construed in accordance with and governed by the laws of the
Commonwealth of Pennsylvania.
5. All costs, expenses and expenditures including, and without limitation, the complete legal
costs incurred by Karla Morgan in enforcing this Note as a result of any default by the
Borrower, will be added to the principal then outstanding and will immediately be paid
by the Borrower.
6. This Note will enure to the benefit of and be binding upon the respective heirs, executors,
administrators, successors and assigns of the Borrower and Karla Morgan . The Borrower
waives presentment for payment, notice of non-payment, protest and notice of protest.
7. This Note is secured by the following security (the 'Security'): The inventory in the store
which includes, but is not limited to, food on the shelves and in freezers, cigarettes and
other non-food items of the type transferred by seller to buyer. .
8. The Borrower grants to Karla Morgan a security interest in the Security until this Note is
paid in full. Karla Morgan will be listed as a lender on the title of the Security whether or
not Karla Morgan elects to perfect the security interest in the Security.
THIS LOAN SHALL BE PAID IN ACCORDANCE WITH THE FOLLOWING
PAYMENT SCHDULE:
AMORTIZATION SCHEDULE (AT 6% INTEREST PER ANNUM)
Date Payment ($) Principal
Paid ($)
August 3, 2010 1,000.00 867.91
October 3, 2010 1,000.00 876.38
December 3, 2010 1,000.00 884.93
February 3, 2011 1,000.00 893.57
ks.$
April 3, 2011 1,000.00 902.29
Elam
June 3, 2011 18,353.47 1
Interest Total Interest Balance ($)
barn- !Ql !Ql
132.09 268.38 26,268.38
123.62 519.86 24,519.86
ROWE
115.07 754.28 22,754.28
106.43 971.46 20,971.46
97.71 1,171.25 19,171.25
88.90 1,353.47 0.00
IN WITNESS WHEREOF Hetulkumar S. Patel has duly affixed his signature under seal on this
3rd day of June, 2010.
SIGNED, SEALED AND DELIVERED
this 3rd day of June, 2010 in the presence
of.
(seal)
A NOTARY PUBLIC IN AND FOR
The Commonwealth of Pennsylvania
Address
e kumar S. Patel
(Borrower)
Karla Morga , ' dividually as Lender
Shashvjibhai Patel, as Guarantor
<19U r-Z
Telephone I arsha Shashikant Patel, as Guarantor
PERSONAL GUARANTY
FOR VALUE RECEIVED and in consideration for, and as an inducement to KARLA
MORGAN (sometimes referred to as "the Lender" or "Seller") for entering into a
Business Asset Purchase Agreement dated day of June 2010, with Hetulkumar S.
Patel, (sometimes referred to as "the Borrower" or "Buyer"), executed simultaneously
herewith the within Promissory Note to which this Guaranty is attached, SHASHIKANT
RAVJIBHAI PATEL, AS "GUARANTOR", hereby guarantees to Lender, its successors
and assigns, the full performance and observance of all covenants, conditions, and
agreements therein provided to be performed and observed by the Borrower its
successors and assigns, and expressly agrees that the validity of this agreement and the
obligations of the Guarantor hereunder shall in no way be terminated, affected or
impaired by reason of the assertion by the Lender against the Borrower of any of the
rights or remedies reserved to the Lender pursuant to the provisions of the within
Promissory Note, or by reason of the waiver by the Lender of, or the failure of the
Borrower to enforce any of the terms, covenants or conditions of said Promissory Note,
or the granting of any indulgence or extension of time to the Borrower, all of which may
be given or done without notice to the Guarantor. The undersigned waives notice of
default in the payment of monthly installments, which shall include payments towards the
principal and interest on the loan, or any other amounts contained or reserved in said
Promissory Note and agrees to be subject to any suit or action whatsoever by Lender as if
undersigned were Borrower and in such suit or action undersigned shall be subrogated to
the rights, duties and obligations of Borrower under the terms of the above Promissory
Note. The undersigned further covenants and agrees that this Note and Guaranty shall
remain and continue in full force and effect as to any amendments or modifications, to all
of which the undersigned hereby consents in advance.
The undersigned further agrees that its liability under this Note and Guaranty shall at
Lender's option, be primary, and that in any right of action which shall accrue to the
Lender under the within Note, the Lender may, at its option, proceed against the
undersigned without having commenced any action, or having obtained judgment, against
the borrower.
CONFESSION OF JUDGMENT UPON DEFAULT OF BORROWER PURSUANT
TO THE NOTE, GUARANTOR DOES HEREBY IRREOVOCABLY CONSENT TO
ANY ATTORNEY OF ANY COURT OF RECORD IN ANY STATE OF THE UNITED
STATES ACTING ON BEHALF OF THE LENDER, ITS SUCCESSORS AND
ASSIGNS,TO APPEAR AND CONFESS JUDGMENT AGAINST GUARANTOR
WITHOUT PRIOR NOTICE TO GUARANTOR OR PRIOR OPPORTUNITY TO BE
HEARD, FOR THE AMOUNT DUE IN ACCORDANCE WITH THE ABOVE NOTE
AND ANY OTHER SUMS WHICH MAY BE IN DEFAULT BY VIRTUE OF THE
TERMS OF SAID PROMISSORY NOTE, WHICH MAY BE MEASURED FROM
a•
THE TIME OF DEFAULT UNTIL SUCH TIME AS LENDER CONFESSES
JUDGMENT, TOGETHER WITH THE COSTS OF SUCH PROCEEDINGS AND
RELEASE OF ERRORS, WITHOUT STAY OF EXECUTION, AND A
REASONABLE SUM FOR PLAINTIFF'S ATTORNEY'S FEES, AND FOR SAID
PURPORSES TO SAID CLAIM THEREOF, AND ALSO WAIVING AND
RELEASING ALL ERRORS WHICH MAY INTERVENE IN ANY SUCH
PROCEEDING, AND CONSENTS TO AN IMMEDIATE EXECUTION UPON ALL
RELIEF FROM ANY AND ALL APPRAISEMENT, STAY OR EXEMPTION LAW
OF ANY STATE NOW IN FORCE OR HEREAFTER ENACTED. IF A COPY OF
THIS GUARANTY, VERIFIED BY AFFIDAVIT OF LENDER OR SOMEONE ON
BEHALF OF THE LENDER SHALL HAVE BEEN FILED IN SUCH ACTION, IT
SHALL NOT BE NECESSARY TO FILE THE ORIGINAL GUARANTY AS A
WARRANT OF ATTORNEY. THIS WARRANT OF ATTORNEY IS GIVEN
JOINTLY AND SEVERALLY, AND SHALL AUTHORIZE THE ENTRY OF
APPEARANCE OF, WAIVER OF ISSUANCE OF PROCESS AND TRIAL BY JURY
BY AND CONFESSION OF JUDGMENT AGAINST, ANY ONE OR MORE
GUARANTORS, AND SHALL AUTHORIZE THE PERFORMANCE OF EVERY
OTHER ACT IN THE NAME OF AND ON BEHALF OF ANY ONE OR MORE OF
SUCH GUARANTORS, AND THE GUARANTORS HEREBY CONFIRM ALL THAT
SAID ATTORNEY MAY LAWFULLY DO BY VIRTURE HEREOF. THE POWER
CONFERRED BY THIS PARAGRAPH IS A CONTINUING POWER, AND MAY BE
EXERCISED AS FREQUENTLY AS OCASSION MAY REQUIRE. GUARANTOR
DOES NOT WAIVE DEFENSES OF PAYMENT AND/OR PERFORMANCE.
No assignment or transfer of the within Note shall operate to extinguish or
diminish the liability of the undersigned under the NOTE AND GUARANTY unless
within prior written consent of the Lender.
IN WITNESS WHEREOF, the undersigned has caused this Note and Guaranty to
be executed in his/her name, and his seal to be affixed hereto this _ ;?_day of
",p , 2010
GUARANTOR:
Shashi kant Ravjibhai Patel
A•
PERSONAL GUARANTY
FOR VALUE RECEIVED and in consideration for, and as an inducement to KARLA
MORGAN (sometimes referred to as "the Lender" or "Seller") for entering into a
Business Asset Purchase Agreement dated day of June 2010, with Hetulkumar S.
Patel, (sometimes referred to as "the Borrower" or "Buyer"), executed simultaneously
herewith the within Promissory Note to which this Guaranty is attached, VARSHA
SHASHIKANT PATEL, AS "GUARANTOR", hereby guarantees to Lender, its
successors and assigns, the full performance and observance of all covenants, conditions,
and agreements therein provided to be performed and observed by the Borrower its
successors and assigns, and expressly agrees that the validity of this agreement and the
obligations of the Guarantor hereunder shall in no way be terminated, affected or
impaired by reason of the assertion by the Lender against the Borrower of any of the
rights or remedies reserved to the Lender pursuant to the provisions of the within
Promissory Note, or by reason of the waiver by the Lender of, or the failure of the
Borrower to enforce any of the terms, covenants or conditions of said Promissory Note,
or the granting of any indulgence or extension of time to the Borrower, all of which may
be given or done without notice to the Guarantor. The undersigned waives notice of
default in the payment of monthly installments, which shall include payments towards the
principal and interest on the loan, or any other amounts contained or reserved in said
Promissory Note and agrees to be subject to any suit or action whatsoever by Lender as if
undersigned were Borrower and in such suit or action undersigned shall be subrogated to
the rights, duties and obligations of Borrower under the terms of the above Promissory
Note. The undersigned further covenants and agrees that this Note and Guaranty shall
remain and continue in full force and effect as to any amendments or modifications, to all
of which the undersigned hereby consents in advance.
The undersigned further agrees that its liability under this Note and Guaranty shall at
Lender's option, be primary, and that in any right of action which shall accrue to the
Lender under the within Note, the Lender may, at its option, proceed against the
undersigned without having commenced any action, or having obtained judgment, against
the borrower.
CONFESSION OF JUDGMENT UPON DEFAULT OF BORROWER PURSUANT
TO THE NOTE, GUARANTOR DOES HEREBY IRREOVOCABLY CONSENT TO
ANY ATTORNEY OF ANY COURT OF RECORD IN ANY STATE OF THE UNITED
STATES ACTING ON BEHALF OF THE LENDER, ITS SUCCESSORS AND
ASSIGNS,TO APPEAR AND CONFESS JUDGMENT AGAINST GUARANTOR
WITHOUT PRIOR NOTICE TO GUARANTOR OR PRIOR OPPORTUNITY TO BE
HEARD, FOR THE AMOUNT DUE IN ACCORDANCE WITH THE ABOVE NOTE
AND ANY OTHER SUMS WHICH MAY BE IN DEFAULT BY VIRTUE OF THE
TERMS OF SAID PROMISSORY NOTE, WHICH MAY BE MEASURED FROM
THE TIME OF DEFAULT UNTIL SUCH TIME AS LENDER CONFESSES
JUDGMENT, TOGETHER WITH THE COSTS OF SUCH PROCEEDINGS AND
RELEASE OR ERRORS, WITHOUT SAY OF EXECUTION, AND A REASONABLE
SUM FOR PLAINTIFF'S ATTORNEY'S FEES, AND FOR SAID PURPORSES TO
SAID CLAIM THEREOF, AND ALSO WAIVING AND RELEASING ALL ERRORS
WHICH MAY INTERVENE IN ANY SUCH PROCEEDING, AND CONSENTS TO
AN IMMEDIATE EXECUTION UPON ALL RELIEF FROM ANY AND ALL
APPRAISEMENT, STAY OR EXEMPTION LAW OF ANY STATE NOW IN FORCE
OR HEREAFTER ENACTED. IF A COPY OF THIS GUARANTY, VERIFIED BY
AFFIDAVIT OF LENDER OR SOMEONE ON BEHALF OF THE LENDER SHALL
HAVE BEEN FILED IN SUCH ACTION, IT SHALL NOT BE NECESSARY TO FILE
THE ORIGINAL GUARANTY AS A WARRANT OF ATTORNEY. THIS WARRANT
OF ATTORNEY IS GIVEN JOINTLY AND SEVERALLY, AND SHALL
AUTHORIZE THE ENTRY OF APPEARANCE OF, WAIVER OF ISSUANCE OF
PROCESS AND TRIAL BY JURY BY AND CONFESSION OF JUDGMENT
AGAINST, ANY ONE OR MORE GUARANTORS, AND SHALL AUTHORIZE THE
PERFORMANCE OF EVERY OTHER ACT IN THE NAME OF AND ON BEHALF
OF ANY ONE OR MORE OF SUCH GUARANTORS, AND THE GUARANTORS
HEREBY CONFIRM ALL THAT SAID ATTORNEY MAY LAWFULLY DO BY
VIRTURE HEREOF. THE POWER CONFERRED BY THIS PARAGRAPH IS A
CONTINUING POWER, AND MAY BE EXERCISED AS FREQUENTLY AS
OCASSION MAY REQUIRE. GUARANTOR DOES NOT WAIVE DEFENSES OF
PAYMENT AND/OR PERFORMANCE.
No assignment or transfer of the within Note shall operate to extinguish or
diminish the liability of the undersigned under the NOTE AND GUARANTY unless
within prior written consent of the Lender.
IN WITNESS WHEREOF, the undersigned has caused this Note and Guaranty to
be executed in his/her name, and his seal to be affixed hereto this ' day of
UUlgrt e- , 2010.
GUARANTOR:
4fi
Varsha Shashikant Patel
EXHIBIT B
Assignment of Promissory Note
FOR VALUE RECEIVED, the undersigned Assignor, Karla Morgan, hereby assigns, transfers
and sets over to (Assignee), Shanika Brown, all rights, title and interest held by the Assignor in
and to the following described Promissory Note: Promissory Note entered into on June 3, 2010
between Karla Morgan (Lender) and Hetulkumar S. Patel (borrower), Shashikant Ravjibhai
Patel (guarantor) and Varsha Shashikant Patel (guarantor). Under said Promissory Note
borrower, Hetulkumar S. Patel, received inventory of Big B's Grocery store in consideration of a
promise to pay $28,000 to Karla Morgan, Assignor. Hetulkumar still owes $21,865.03 to
Assignor on note, and Assignor wishes to transfer the rights to receive payments on said note to
Assignee, Shanika Brown.
The Assignor warrants and represents that said contract is in full force and effect and is fully
assignable.
The Assignee shall be entitled to all monies remaining to be paid under the Promissory Note,
which rights are also assigned hereunder.
The Assignor warrants that the Promissory Note is without modification, and remains on the
terms contained.
The Assignor further warrants that it has full right and authority to transfer said Promissory Note
and that the Promissory Notes herein transferred are free of lien, encumbrance or adverse
claim.
This assignment shall be binding upon and inure to the benefit of the parties, their successors
and assigns.
Signed this I `-tk day of -2 , 2011.
NOTARIAL SEAL
VICKIE R FLEMING
Notary Public
HARRISBURG CITY, DAUPHIN COUNTY
My Commission Expires Nov 29 ?0t a
C
Shanika Brown
(Assignee)
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF DAUPHIN
SS :
On this, the /L day of }ems , 2011, before me, the
undersigned officer, personally appeared Karl Morgan; known to me (or satisfactorily
proven) to be the person whose name is subscribed to the within instrument, and
acknowledged that she executed the same for the purpose therein contained.
IN WITNESS WHEREOF, I have hereunto set my hand and seal.
FLEMING
E4R AL SEAL
y Public
Y, DAUPHIN COUNTY
xpires Nov 29. 2014
Notary Public
JI - ' ts- 7,01 y
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF DAUPHIN
SS :
On this, the /6 day of e, r , 2011, before me, the
undersigned officer, personally appeared Shan' a Brown; known to me (or satisfactorily
proven) to be the person whose name is subscribed to the within instrument, and
acknowledged that she executed the same for the purpose therein contained.
IN WITNESS WHEREOF, I have hereunto set my hand and seal.
NOTARIAL SEAL
VICKIE R FLEMING
Notary Public
HARRISBURG CITY, DAUPHIN COUNTY
My COflM ISaiOri Expires Nov 29, 2014
lzt?l? oe Q?'=
Notary Public
VERIFICATION
I, Shanika Brown, verify that the statements contained in the foregoing Complaint are true and
correct to the best of my knowledge, information, and belief. I understand that any false
statements made are subject to penalty under 18 Pa.C.S.A. § 4904, related to unsworn
falsification to authorities.
Date: 2)1 Plaintiff
SHANIKA BROWN :IN THE COURT OF COMMON PLEAS
Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA
V. :NO: 11-2114
HETULKUMAR S. PATEL, :CIVIL ACTION
SHASHIKANT RAVJIBHAI PATEL,
and VARSHA SHASHIKANT PATEL : CONFESSION OF JUDGMENT
Defendants
AFFIDAVIT OF PERSONAL SERVICE
ROY L. GALLOWAY, ESQUIRE, being a member of the bar and an officer of the court,
duly swear according to law that I served the Defendants, a copy of the complaint for confession
of judgment by handing Defendant, Varsha Shashikant Patel a true and correct copy thereof and
informing her of its contents at Defendants' residence located at 220 Tory Circle, Enola, PA
17025 on February 24, 2011, at approximately 2:15 p.m.
DATE: 2/24/11
O GALLOWAY
i? .W_
-es r`9 f?
SHANIKA BROWN, : IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff :
NO. 2011-2114 c-, o 0
G
V. -4
CIVIL ACTION-CONFESSION OF GWNrrF
HETULKUMAR S. PATEL, _"= = ?o
SHASHIKANT RAVJIBHAI PATEL, -{ co °Q
and VARSHA SHASHIKANT PATEL, <? -n Q.-',F
--€
Defendants : N'
ORDE
AND NOW, this p!? day of #066*-, 2011, upon consideration of the
foregoing petition, it is hereby ordered that
(1) a rule is issued upon the respondent to show cause why the Defendants are not
entitled to the relief requested;
(2) the Plaintiff shall file an answer to the petition within ad days of this date;
(3) the petition shall be decided under Pa.R.C.P. No. 206.7;
(4) depositions shall be scheduled no later than a? days before argument;
0 P. ow
(5) argument shall be held on , 2011, in Courtroom 3_ of the
Cumberland County Courthouse; ed_( Aj
(6) notice of the entry of this order shall be provided to all parties by the petitioner.
BY COURT:
J.
Distribution:
R. Christopher VanLandingham, Esquire
Attorney for Defendants/Petitioners
Roy L. Galloway, Esquire CEO a9I
1735 State Street
Harrisburg, PA 17103
Sheriff, Cumberland County -in bin
H=IV
ROT410N0TAR'
"311 ?'R 1 I A 10: 35
CUMBERLAND COUNTY
PENNSYLVANIA
Roy Galloway, Esquire
Supreme Court I.D. No. 206841
Law Offices of Roy Galloway
1735 State St.
Harrisburg, PA 17103-1569
717-232-6900
717-232-6902 (Fax)
SHANIKA BROWN
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
V.
HETULKUMAR S. PATEL
SHASHIKANT RAVJIBHAI PATEL
and VARSHA SHASHIKAN PATEL
Defendants
NO: 2011-2114
:CIVIL ACTION-CONFESSION OF JUDGMENT
PETITION FOR LEAVE OF COURT TO WITHDRAW APPEARANCE
The Application of Roy L. Galloway, III, Esq., respectfully represents that:
1. The Plaintiff is Shanika Brown, residing at 3295 Wakefield Drive, Harrisburg,
Pennsylvania, 17109.
2. On February 16th, 2011, Plaintiff retained undersigned counsel to represent her
solely for the purpose of filing a Complaint for Confession of Judgment. Undersigned counsel
advised Plaintiff from the outset that he would not be defending any Petitions to Open/Strike the
Judgment if Defendant motioned for that, unless Plaintiff entered into a new agreement with
undersigned counsel including payment of a specified sum of money as a retainer for that
service.
1
3. Undersigned counsel made it clear to Plaintiff that if she filed
4. On February 16"', 2011, Plaintiff filed a Complaint for Confession of Judgment
for Money.
5. After filing a Complaint for Confession of Judgment, Plaintiff has requested
undersigned counsel engage in services beyond the scope of his representation. Specifically,
once the judgment was confessed, Defendant secured counsel and undersigned counsel engaged
in a lengthy negotiation to attempt to settle this matter.
6. Additionally, Plaintiff would call undersigned counsel on a daily basis even
during the late evenings and on the weekends making requests and asking questions outside the
scope of representation. Plaintiff was never compensated for services provided outside of the
scope of his representation.
7. On Marcy 24, 2011, Defendant filed a Petition to Strike or Open, the judgment
entered against him in favor of Plaintiff.
8. On March 28th, 2011, the Honorable Judge Edward E. Guido ordered that Plaintiff
show cause as to why the Defendants are not entitled to relief within twenty (20) days of the
Order.
9. Plaintiff was provided a copy of her entire file, and is aware of the deadlines for
filing a response to Defendant's Petition to Open/Strike.
10. Plaintiff and an associate has persisted in a course of conduct that has harassed
undersigned counsel, and received services beyond the scope of representation and is unwilling
and/or unable to compensate undersigned counsel for services rendered.
11. Plaintiff consents to counsel's withdrawal of his appearance.
12. Along with the filing of this Petition, undersigned counsel has provided the
Plaintiff with a copy of this Petition and informed her of her right to retain new counsel.
WHEREFORE, undersigned counsel prays that this Honorable Court will issue an order
granting his Petition for Leave of Court to Withdraw Appearance.
Respectfully submitted,
lAk -"-?
Roy G ay
I.D. # 206841
1735 State St.
Harrisburg, PA 17103
Business: (717) 232-6900
Fax: (717) 238-4132
VERIFICATION
I, verify that the statements in the foregoing document are true and correct to the best of my
knowledge, information and belief. I understand that statements made herein are subject to
penalties under 18 Pa. C.S.A. 4904, related to unsworn falsifications to authorities.
Date:4/8/2011
By:
Yoy Galloway
CERTIFICATE OF SERVICE
I certify that I served a true and correct copy of the Petition for Leave of Court to Withdraw
Appearance in the following manner and upon the following persons.
Service by First-Class Mail Addressed as Follows:
Chris Vanlandingham Esquire
Martson Law Office
10 East High St.
Carlisle, PA 17013
Shanika Brown
3295 Wakefiled Dr.
Harrisburg, PA 17109
Date: 4/8/2011 By:
Roy Galloway, Esq.
I.D. No. 206841
SHANIKA BROWN : IN THE COURT OF COMMON PLEAS
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
V.
NO: 2011-2114
-,
HETULKUMAR S. PATEL
CIVIL ACTION-CONFESSION OF l
tN
A
SHASHIKANT RAVJIBHAI PATEL :
3t-:0 r-
and VARSHA SHASHIKAN PATEL
b -- ::0
v
Defendants
ORDER OF COURT X 6 o
AND NOW, this of Aln4 , 2011, upor
/a
Y
consideration of Plaintiff Counsel's Petition for Leave of Court to Withdraw Appearanc
hereby ordered and decreed that said Petition is GRANTED.
BY THE COURT:
4
J.
Distribution:
?Roy Galloway, Esquire, 1735 State St., Harrisburg, PA 17103
'--Chris Vanlandingham, Esquire, Martson Law Office, 10 East High St., Carlisle, PA 17013
?Shanika Brown, 3295 Wakefield Dr., Harrisburg, PA 17109.
jes
op 41,131"
04
3
FILED-OF7(FIC(?F
[- THE PROTH43NOTA,'O"
2011 MAY -2 PM 2: 98
CUMBERLAND C rRE COURT OF COMMON PLEAS OF
SHANIKA BROWN, PENNSYLVAN4
Plaintiff BERLAND COUNTY, PENNSYLVANIA
,
V.
HETULKUMAR S. PATEL,
SHASHIKANT RAVJIBHASI
PATEL, and VARSHA
SHASHIKANT PATEL,
Defendants
CIVIL ACTION - LAW
NO. 2011-2114 CIVIL TERM
CONFESSION OF JUDGMENT
STIPULATION OF COUNSEL
Counsel for the parties hereby stipulate that Plaintiff is permitted to amend her
Answer to the Petition to Open or Strike in that counsel for Plaintiff did not receive a
complete copy of the Petition. The amendment shall be filed and served within fourteen
(14) days from the date of this stipulation.
-- z1
4,
Date
Date
Attorney for Pldf
407 North Front St., First Floor
Harrisburg, PA 17101
(717) 238-3686
Supreme Coq ,/01-D. # 53729
U 7
R. Christoper VanLandingham, Esquire
Martson Law Offices
Attorneys for Defendants
10 East High Street
Carlisle, PA 17013
(717) 243-3341
Supreme Court I.D. # 307424
Anthony T. McBeth, Esq.
407 North Front Street
Harrisburg, PA 17101
(717) 238-3686
atmlaw1(@verizon.net
Attorney for Plaintiff
:iii i MAY -5 FM 1,2: '.
C,UMBERLAN%i-) C 0 U N
PENN5yLti'p' N1,tk
SHANIKA BROWN,
Plaintiff,
V.
HETULKUMAR S. PATEL,
SHASHIKANT RAVJIBHASI
PATEL, and VARSHA
SHASHIKANT PATEL,
Defendants
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 2011-2114 CIVIL TERM
CONFESSION OF JUDGMENT
NOTICE TO PLEAD
TO: Hetulkumar S. Patel, Shashikant Ravjibhasi Patel and Varsha Shashikant Patel
c/o R. Christopher VanLandingham, Esquire
Martson Law Offices
Ten East High Street
Carlisle, PA 17013
You are hereby notified to plead to the New Matter raised herein within twenty
(20) days of service of the attached pleading upon youvpr judgment may be entered
against you. JIA
P te
Andhony T. McBet q".
Attorney for Plainti
407 North Front St., 'Fi Floor
Harrisburg, PA 17101
(717) 238-3686
Supreme Court I.D. # 53729
r ?
Anthony T. McBeth, Esq.
407 North Front Street
Harrisburg, PA 17101
(717) 238-3686
atmlaw1 .verizon.net
Attorney for Plaintiff
SHANIKA BROWN,
Plaintiff,
V.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
HETULKUMAR S. PATEL, NO. 2011-2114 CIVIL TERM
SHASHIKANT RAVJIBHASI
PATEL, and VARSHA CONFESSION OF JUDGMENT
SHASHIKANT PATEL,
Defendants
PLAINTIFF'S AMENDED ANSWER TO PETITION TO
STRIKE OR OPEN JUDGMENT. WITH NEW MATTER
1. Admitted.
2. Admitted.
3. Admitted in part and denied in part. While the note itself does not contain a
confession of judgment clause, all guarantees do.
. 4. Admitted.
COUNT I - PETITION TO STRIKE
5. The responses set forth in paragraphs one through 4 above are incorporated herein
by reference.
6. Admitted.
7. Denied. This averment is a conclusion of law to which no response is required.
8. Denied. This averment is untrue to the extent that it is deemed to be factual.
Otherwise, it is a conclusion of law to which no response is required.
WHEREFORE, Plaintiff requests this Honorable Court to deny the relief requested
irr the Petition to Strike or Open, and to provide any other relief the Court deems
appropriate.
COUNT II - PETITION TO STRIKE OR OPEN
9. The responses in paragraphs one through eight are incorporated herein by
reference.
10. Admitted.
11. Denied as stated. There were more contacts between the parties and Defendants
knew or should have known the reason from Plaintiffs demand.
12. It is admitted that the Defendants initially refused. Any statement or implication to
the effect that they would permitted to refuse is expressly denied.
13. Denied. After reasonable investigation, Plaintiff is not aware of the contents of a
specific conversation between Karla Morgan and any of the Defendants. If material, strict
proof thereof is demanded.
14. Admitted in part and denied in part. It is admitted that the third party payment
collection authorization exists and is genuine. The portion of the averment relating to any
conversations between Defendants and Karla Morgan is denied in that, after reasonable
investigation, Plaintiff lacks information necessary to determine the truthfulness thereof.
If material, strict proof thereof is demanded.
15. Admitted in part and denied in part. Plaintiff made the trips to Defendants' store
. only for the convenience of the Defendants; Plaintiff would have preferred that the
2
payments be mailed and Plaintiff stated so on more than one occasion.
16. Denied as stated. Plaintiff was under the impression that the check was not ready,
which is why she did not come to the store. She was not legally obligated to come to the
store to receive payment that was due to her in any event. As to the remainder of the
averment, Plaintiff, after reasonable investigation, lacks information necessary to
determine the truthfulness thereof. If material, strict proof thereof is demanded.
17. Denied. After reasonable investigation, Plaintiff lacks information necessary to
determine the truthfulness of this averment. If material, strict proof thereof is demanded.
18. Denied. On the contrary, Plaintiff never received a phone call or text message from
Defendant. Plaintiff in fact attempted to contact Defendants in that manner and did not
receive responses.
19. Admitted, with clarification. Plaintiff had already received the right to receive
payments under the note, but the formal assignment was on the date averred.
20. Admitted, except that the undersigned has now become Plaintiffs counsel.
21. Denied. If Defendants sent the check on February 18, 2011, Plaintiff has never
received it. Accordingly, the averment is also denied in that, after reasonable investigation,
Plaintiff lacks information necessary to determine the truthfulness of this averment. If
material, strict proof thereof is demanded.
22. Denied in that Plaintiff is not aware of the precise date on which Defendant received
notice. If material, strict proof thereof is demanded.
23. Denied. Plaintiff has received no such payments.
3
24. Denied. Plaintiff was never legally obligated to make a special trip to Defendants'
store to pick up the payment. Defendants have means for contacting Plaintiff as they have
alleged in previous averments, and it was their responsibility to contact Plaintiff, which they
failed to do. The fact that Defendants may have relied on a third person for an incorrect
address for Plaintiff does not relieve Defendants of their obligation.
25. Denied. This averment is an absurd and self-serving conclusion of law to which no
response is required.
26. Denied insofar as the undersigned is not aware of any opportunities to consent to
the petition. Even if true, the averment is irrelevant.
27. Denied insofar as the undersigned is not aware of any such opportunities. Even if
there was such an opportunity, that fact is irrelevant.
28. Denied insofar as the undersigned is not aware of any such negotiations. Even if
the averment is true, it is irrelevant.
WHEREFORE, Plaintiff requests that the Court enter an order dismissing the
Petition to Open, and provide any other relief the Court deems appropriate.
NEW MATTER
29. Defendants failed to act in a timely fashion with respect to their Petition to Open,
and it should be denied on that basis alone.
30. Regardless of any circumstances by which Defendants attempt to justify one or
more payments under the note, the fact remains that Defendants did miss a timely
. payment, did not make an attempt to contact Plaintiff herself if her address was an issue
4
as important to Defendants as they imply, and Defendants accordingly still are liable under
. the confessed judgment pursuant to the terms of the note and personal guarantees.
WHEREFORE, Plaintiff requests that the Court enter an order dismissing the
Petition to Open, and provide any other relief the Court deems appropriate.
)VI4-x.- ? 1 dU
Date 0,
Mthony T. Mc t , Esq.
Attorney for P inti
407 North Fron t., First Floor
Harrisburg, PA 17101
(717) 238-3686
Supreme Court I.D. # 53729
5
VERIFICATION
I, Anthony T. McBeth, am attorney for the Plaintiff in the captioned action. I am
verifying the attached document for the Plaintiff in that it she outside the jurisdiction of this
Court and her verification cannot be obtained by the time this Answer to New Matter needs
to be filed. I verify that the facts set forth in the attached document are true and correct
to the best of my knowledge, information and belief. I so state subject to the penalties of
18 Pa.C.S. § 4904 (relating to unsworn falsification to authorities).
e ony T. Mc th Esqu
SHANIKA BROWN,
Plaintiff,
V.
HETULKUMAR S. PATEL,
SHASHIKANT RAVJIBHASI
PATEL, and VARSHA
SHASHIKANT PATEL,
Defendants
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 2011-2114 CIVIL TERM
CONFESSION OF JUDGMENT
CERTIFICATE OF SERVICE
1, Anthony T. McBeth, Attorney for Plaintiff, hereby certify that I have served the
attached document by placing same in the United States mail, first class, postage pre-paid
addressed as follows:
R. Christopher VanLandingham, Esquire
Martson Law Offices
Attorneys for Defendants
Ten East High Street
Carlisle, PA 17013
JAVA.4 j a'OJl-
Date
Attorney for PI nti
407 North Front , First Floor
Harrisburg, PA 17101
(717) 238-3686
Supreme Court I.D. # 53729
SHANIKA BROWN,
Plaintiff
V.
HETULKUMAR S. PATEL,
SHASHIKANT RAVJIBHASI
PATEL, and
VARSHA SHASHIKANT PATEL,
Defendants
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVAN IA
Co
?
Z C
NO. 2011-2114 CIVIL
CIVIL ACTION - LAW a
ORDER OF COURT
AND NOW, this 9TH day of JUNE, 2011, the argument scheduled for Monday,
June 13, 2011, at 1:00 p.m. has been rescheduled to MONDAY, AUGUST 1, 2011, at
9:00 a.m. in Courtroom # 3.
Anthony T. McBeth, Esquire
407 North Front Street
First Floor
Harrisburg, Pa. 17101
R. Christopher VanLandingham, Esquire
Ten East High Street
Carlisle, Pa. 17013-3093
j3y'11?'e' Court,
?_ F f
Edward E. Guido, J.
V
1?ie'sM
D
:sld
F.\Clients\13071 Pate1\13071.2\130712.pral.wpd
Christopher E. Rice, Esquire
Attorney I.D. No. 90916
R. Christopher VanLandingham, Esquire
Attorney I.D. No. 307424
MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER
MARTSON LAW OFFICES
10 East High Street
Carlisle, PA 17013
(717) 243-3341
Attorneys for Defendants
(rq CO
t'T'1
;U
r°
r
+..
,
<
3> -Yf
fJ s.;_t
SHANIKA BROWN,
Plaintiff
V.
HETULKUMAR S. PATEL,
SHASHIKANT RAVJIBHAI PATEL,
and VARSHA SHASHIKANT PATEL,
Defendants
TO THE PROTHONOTARY:
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
: NO. 2011-2114
CIVIL ACTION-CONFESSION OF JUDGMENT
PRAECIPE
Please mark the Petition to Strike or Open in the above-captioned matter discontinued
without prejudice.
Respectfully submitted,
MARTSON LAW OFFICES
By.
Christopher E. Rice, Esquire
I.D. No. 90916
R. Christopher VanLandingham, Esquire
I.D. No. 307424
Ten East High Street
Carlisle, PA 17013-3093
(717) 243-3341
Date: J u y °? , 2011 Attorneys for Defendants
CERTIFICATE OF SERVICE
I, Mary M. Price, an authorized agent for Martson Deardorff Williams Otto Gilroy &
Faller, hereby certify that a copy of the foregoing Preacipe was served this date by depositing
same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows:
Anthony T. McBeth, Esquire
407 North Front Street
Harrisburg, PA 17101
MARTSON LAW OFFICES
By
M Price
Ten E t High Street
Carlisle, PA 17013
(717) 243-3341
Dated: 7 0-7/1
0
SHANIKA BROWN,
Plaintiff,
V.
HETULKUMAR S. PATEL,
SHASHIKANT RAVJIBHASI
PATEL, and VARSHA
SHASHIKANT PATEL,
Defendants
TO THE PROTHONOTARY:
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSg-V,NIIA_
CIVIL ACTION - LAW Co
a
rn
??.;
rn ?
NO. 2011-2114 CIVIL TERM "'
w u
? ?
CONFESSION OF JUDGMENT vc? ---
zn
PRAECIPE
Please mark the judgment in the captioned action satisfied..
An ony T. McB eEsq
.
Attorne
y for PI n407 North Fro SFirst Floor
Harrisburg, PA
(717) 238-3686
Supreme Court I.D. # 53729