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Home My WebLink About11-4398CAROL A. NEITZ, Individually and as the Executrix of The Estate of Ronald P. Nott, Deceased, Plaintiffs VS. GREGORY N. APGAR AND LORI A. ORRIS, f/k/a LORI A. APGAR, Defendants : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. CIVIL TERM c rn to z? ?-?7 ?r ? te - .- r CONFESSION OF JUDGMENT s --4 Q) 'Tim CD i 3 „1 Pursuant to the authority contained in the warrant of attorney, the original or copy of which is attached to the complaint filed in this action, I appear for the Defendants, Gregory N. Apgar and Lori A. Orris, f/k/a Lori A. Apgar, and confess judgment in favor of the Plaintiffs, Carol A. Neitz, Individually and as the Executrix of the Estate of Ronald P. Nott, and against the Defendants, Gregory N. Apgar and Lori A. Orris, Fk/a Lori A. Apgar, as follows: Principal Sum: $37,504.92 Interest from May 1, 2011 $251.28 Costs of Suit $377.50 Attorney's Commission (at 5%) $1,875.25 BALANCE CURRENTLY DUE $40,008.95 Respectfully submitted, COYNE & COYNE, P.C. Dated: 7j By: +a Marie Coyne, Esg4re P la. Supreme Ct. No. 53788 ,001 Market Street Camp Hill, PA 17011-4227 (717) 737-0464 Attorney for Plaintiffs J'd-7 5-o Pa y -10 -7 331 / COYNE & COYNE, P.C. Lisa Marie Coyne, Esquire Pa. Supreme Ct. No. 53788 3901 Market Street Camp Hill, Pa 17011-4227 (717) 737-0464 Attorney for Plaintiffs CAROL A. NEITZ, : IN THE COURT OF COMMON PLEAS OF Individually and as the Executrix : CUMBERLAND COUNTY, PENNSYLVANIA of The Estate of Ronald P. Nott, Deceased, Plaintiffs VS. GREGORY N. APGAR AND LORI A. ORRIS, f/k/a LORI A. APGAR, Defendants :NO :=- CIVIL TI m . W r- . cnr -- 7z) v `-? ?- CD-n . ? .. -Arn ° < COMPLAINT FOR CONESSION OF JUDGMENT PURSUANT TO Pa.R.C.P. 2951(a) AND NOW COMES, the Plaintiffs, Carol A. Neitz, Individually and as the Executrix of the Estate of Ronald P. Nott, deceased, by and through their attorneys, Coyne & Coyne, P.C., and aver the following: 1. Plaintiff, Carol A. Neitz, Individually, is an adult individual residing at 105 Mountain Street, Summerdale, East Pennsboro Township, Cumberland County, Pennsylvania. 2. Plaintiff, Carol A. Neitz, as the Executrix of the Estate of Ronald P. Nott, deceased, resides at 105 Mountain Street, Summerdale, East Pennsboro Township, Cumberland County, Pennsylvania. 3. Plaintiff, Carol A. Neitz, was appointed the Executrix of the Estate of Ronald P. Nott, deceased, at Docket No. 21-10-0928. 1 4. Defendant, Gregory N. Apgar, is an adult individual who resides at 201 N. Enola Road, Enola, East Pennsboro Township, Cumberland County, Pennsylvania. 5. Defendant, Lori A. Orris, f/k/a Lori A. Apgar, is an adult individual who resides at 717 Riverview Drive, Etters, York County, Pennsylvania. 6. On or about March 24, 1998, the Defendants executed a Judgment Promissory Note with principal sum of $42,000 and authorizing confession of judgment by the Plaintiffs. (See Exhibit "A" - copy of Judgment Promissory Note). 7. The Judgment Promissory Note provides for interest in the amount of 8% annually and all payments are to be applied first to any unpaid interest. 8. The Judgment Promissory Note provides for the collection of court costs and attorney's fees in the amount of 5% if judgment is entered. 9. The Judgment Promissory Note has not been assigned. 10. Judgment was entered on May 9, 2003 at Docket No. 03-2201 of this Honorable Court; however, no complaint of confession of judgment was filed at that time. 11. Judgment is not being entered by confession against a natural person in connection with a consumer credit transaction. 12. Defendants have made sporadic payments under the Judgment Promissory Note since execution of the Note. 13. Contrary to the terms and provisions of the Judgment Promissory Note, Defendants have failed to pay the required monthly installments which constitute a default under the Judgment Promissory Note. 2 14. Plaintiffs exercise their option under the Judgment Promissory Note to declare the entire balance of the instrument immediately due and payable. 15. The Defendants are liable to Plaintiffs in the following amounts: Unpaid balance of instrument $37,504.92 Interest from May 1, 2011 $251.28 Costs of Suit $377.50 Attorney's Commission (at 5%) $1,875.25 Total: $40,008.95 Plus continuing interest at the rate of 8% annually. WHEREFORE, Plaintiffs demand judgment in the sum of $40,008.95 and accruing interest at the rate of 8% annually as authorized by the warrant of attorney appearing in the Judgment Promissory Note. Dated: -04A- Respectfully submitted, COYNE & COYNE, P.C. r By: Li a Marie Coyne, Esqui e P . Supreme Ct. No. 537 8 O1 Market Street Camp Hill, PA 17011-4227 (717) 737-0464 Attorney for Plaintiffs 3 Y g ? ??- t 3 r D3- a?T C?v" U JUDGMENT PROMISSORY NOTE Ro tla l? ,No TT cur?, ) /v e1T2- $42,000.00 . .,1998 On demand after date, but in accordance with the terms set forth herein the undersigned, Gregory N. Apgar and Lori Ann A pgar, his wife, of 717 Riverview Drive Etters, Penns Ivania, promise to pay to the order of, Mountain 140-in Summerdale, Pennsylvania, the su of 105 DOLLARS, m of FORTY TWO THOUSAND ($42,000.00), without offset, for value received, together with interest at #he rate of eight (8%) percent, per annum. 17 Riverview Drivel ??- hers, Pennsylvania Op? Gregory N. Apgar Lori Ann Apgar ne The condition of this Note is that the undersigned shall make p of this o obligation, both principal and interest, in monthly installments GHT HUNDRED ANC FIFTY ONE DOLLARS AND SIXTY ONE'CENTS ($851.61) e , commencin mon Rstaurartt. If after the undersigned settle on the purchase of g five the transaction for that Restaurant is not. concluded, the undersigned shall have ale no obligation to make payment on this Note. All payments made shall be a. lied further interest then due and any balance sh=all be applied to principal, pp d first to AND FURTHER, 'the undersigned do hereby authorize and empower a any court of record of Pennsylvania or elsewhere to appear n d ny attorney of enter judgment against the undersigned in favor of any holder of this note gforthe above sum, together with interest then due, a,'nd together with costs of suit, release o `and together with an attorney's commission of five percent, and without st f errors ay of of any kind; and the undersigned hereby waives and releases any and all benef texecution` and `relief from any and all appraisement, stay or exemption laws of any stat ow i ' Thereinafter to be passed. n force or DDRESS:?, - -c rte, ? JO rn ? Ofe me ?mS 2-4-f 4\ l8 hV Notarial Seal Stephanie E. Witmer, Notary Public Hampden Twp., Cumberland County 10 Commission Expires Jury 28, 2001 ember, Pennsylvania Association of Notaries The facts set forth in the foregoing are true and correct to the best of the undersigned's knowledge, infonnation and belief and are verified subject to the penalties for unswom falsification to authorities under 18 Pa. C.S.A. § 4904. Dated:_, /44 q, 2giz Carol A. Neitz, Individually Dated: ?- (e 4 C,6? ?. Carol A. Neitz, Executrix of the Estate of Ronald P. Nott CAROL A. NEITZ, Individually and as the Executrix of The Estate of Ronald P. Nott, Deceased, Plaintiffs VS. GREGORY N. APGAR AND LORI A. ORRIS, f/k/a LORI A. APGAR, Defendants TO: Gregory N. Apgar 201 N. Enola Road Enola, PA 17025 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. j1 -1395 CIVIL TERM NOTICE PURSUANT TO PA.R.C.P. 236, YOU ARE HEREBY NOTIFIED THAT JUDGMENT IN THE ABOVE-CAPTIONED CASE HAS BEEN ENTERED AGAINST YOU. Date: PROTHONOTARY IF YOU HAVE ANY QUESTIONS CONCERNING THIS NOTICE, PLEASE CONTACT PLAINTIFFS' COUNSEL AT THE ADDRESS AND PHONE NUMBER LISTED BELOW: Lisa Marie Coyne, Esquire Coyne & Coyne, P.C. 3901 Market Street Camp Hill, PA 17011-4227 (717) 737-0464 CAROL A. NEITZ, Individually and as the Executrix of The Estate of Ronald P. Nott, Deceased, : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs VS. GREGORY N. APGAR : NO. / H3 9 D CIVIL TERM AND LORI A. ORRIS, f/k/a LORI A. APGAR, Defendants TO: Lori A. Orris, f/k/a Lori A. Apgar 717 Riverview Drive Etters, PA 17319 NOTICE PURSUANT TO PA.R.C.P. 236, YOU ARE HEREBY NOTIFIED THAT JUDGMENT IN THE ABOVE-CAPTIONED CASE HAS BEEN ENTERED AGAINST YOU. Date: ?l 7 'Q011 ,."a PROTHONOTARY 1A IF YOU HAVE ANY QUESTIONS CONCERNING THIS NOTICE, PLEASE CONTACT PLAINTIFFS' COUNSEL AT THE ADDRESS AND PHONE NUMBER LISTED BELOW: Lisa Marie Coyne, Esquire Coyne & Coyne, P.C. 3901 Market Street Camp Hill, PA 17011-4227 (717) 737-0464 CAROL A. NEITZ, Individually and as the Executrix of The Estate of Ronald P. Nott, Deceased, Plaintiffs VS. GREGORY N. APGAR AND LORI A. ORRIS, f/k/a LORI A. APGAR, Defendants : IN THE COURT OF COMMON PLI*S 1QiF c-. : CUMBERLAND COUNTY PENNgfi V V41X' , , i ? ? ma ? - c i-- NO. CIVIL -, NOTICE OF DEFENDANT'S RIGHTS TO: Lori A. Orris, f/k/a Lori A. Apgar 717 Riverview Drive Etters, PA 17319 A judgment in the amount of $40,008.95 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 upon 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) DATES AFTER THE DATE 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, 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 PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Lawyer Referral Service 32 South Bedford Street, Carlisle, Pennsylvania 1-(800)-990-9108 717-249-3166 Pa. Supreme Ct. No. 53A8 3? hl Market Street Camp Hill, PA 17011-4227 (717) 737-0464 Attorney for Plaintiffs CAROL A. NEITZ, Individually and as the Executrix of The Estate of Ronald P. Nott, Deceased, Plaintiffs VS. GREGORY N. APGAR AND LORI A. ORRIS, Vk/a LORI A. APGAR, Defendants : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA tl ?i NO. 3 9 a ? rnrn a CIVIL T #? cn co p' ' CD NOTICE OF DEFENDANT'S RIGHTS TO: Gregory N. Apgar 201 N. Enola Road Enola, PA 17025 A judgment in the amount of $40,008.95 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 upon 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) DATES AFTER THE DATE 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, 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 PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Lawyer Referral Service 32 South Bedford Street, Carlisle, Pennsylvania 1-(800)-990-9108 717-249-3166 isa ?ffarie Coyne, Esquire preme Ct. No. 53788 3901 Market Street Camp Hill, PA 17011-4227 (717) 737-0464 Attorney for Plaintiffs CAROL A. NEITZ, Individually and as the Executrix of The Estate of Ronald P. Nott, Deceased, Plaintiffs VS. GREGORY N. APGAR AND LORI A. ORRIS, f/k/a LORI A. APGAR, Defendants : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. 2011-4398 CIVIL TERM CERTIFICATE OF SERVICE I, LISA MARIE COYNE, ESQUIRE, hereby certify that I have, on May 19, 2011, caused a true and correct copy of the Confession of Judgment to be served upon the person named below by way of certified first class mail, restricted delivery, postage prepag AMm C, -11 receipt requested. oprim Gregory N. Apgar :z =:;a u,f- - r -0 201 N. Enola Road -C:> v O1 C Enola, PA 17025 > a o -T, c C-3 COYNE & COYNE, P.C. .. r Dated: o2I ¦ Complete items 1, 2, and 3. Also complete Rem 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: Gke-gc)kl W la rI AP, i A. Signature BY: /h9"- .!? Lisa kWe Coyne, Esquirb Pa. Supreme Ct. No. 53788 3901 Market Street Camp Hill, PA 17011-4227 (717) 737-0464 Attorney for Plaintiff X ? Agent 'Z! ? Addressee B. Received by (Printed Name) C. Date of Delivery D. Is delivery address If YES, enter delivery w: N 3. Service Type CwMW Mail ? Express Mail Registered ? Retum Receipt for Merchandise ? insured mail ? C.O.D. 4. Restricted Delivery? pit Fee) VYes 2. Article Number (rransller from service label) 7009 0080 0001 1709 3441 PSFnrm.'g1it11 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff ;;°°qq Jody S Smith ?Y br,??trd I i E PROT Chief Deputy t Richard W Stewart 2011 JUN -7 A 10* 29 Solicitor QFF T-P ?F CUMBERLAND %;i , PENNSYLVANIA Carol A. Neitz vs. Case Number Gregory N. Apgar (et al.) 2011-4398 SHERIFF'S RETURN OF SERVICE 05/17/2011 Ronny R. Anderson, Sheriff who being duly sworn according to law states that he made a diligent search and inquiry for the within named defendant, to wit: Lori A. Orris, but was unable to locate her in his bailiwick. He therefore deputized the Sheriff of York County, Pennsylvania to serve the within Notice, Confession of Judgment and Complaint in Confession of Judgment according to law. 05/24/2011 07:16 PM - York County Return: And now May 24, 2011 at 1916 hours I, Richard P. Keuerleber, Sheriff of York County, Pennsylvania, do hereby certify and return that I served a true copy of the within Notice, Confession of Judgment and Complaint in Confession of Judgment, upon the within named defendant, to wit: Lori A. Orris by making known unto herself personally, at 717 Riverview Drive, Etters, Pennsylvania 17319 its contents and at the same time handing to her personally the said true and correct copy of the same. 05/25/2011 02:45 PM - Robert Bitner, Deputy Sheriff, who being duly sworn according to law, states that on May 25, 2011 at 1445 hours, he served a true copy of the within Notice, Confession of Judgment and Complaint in Confession of Judgment, upon the within named defendant, to wit: Gregory A. Apgar, by making known unto himself personally, at 201 N. Enola Road, Enola, Cumberland County, Pennsylvania 17025 its contents and at the same time handing to him personally the said true and correct copy of the same. ROBE T ?BITNER, DEPUTY SHERIFF COST: $68.44 May 31, 2011 SO ANSWERS, RON R ANDERSON, SHERIFF ri Crw;', Suite Shenff. ie!ecStt. Irc. SHERIFF'S OFFICE OF YORK COUNTY Richard P Keuerleber Sheriff Reuben B Zeager Chief Deputy, Operations PETER J. MANGAN, ESQ. Solicitor Richard E Rice, II Chief Deputy, Administration CAROL A. NEITZ INDIVIDUALLY and as the EXECUTRIX OF THE ESTATE OF Case Number RONALD P. NOT vs. 11-4398 CIVIL . GREGORY N. APGAR (et al.) SHERIFF'S RETURN OF SERVICE 05/24/2011 07:16 PM - DEPUTY BRET NEWCOMER, BEING DULY SWORN ACCORDING TO LAW, SERVED THE REQUESTED COMPLAINT IN CONFESSION OF JUDGMENT (CONF JUDG) AND NOTICE, CONFESSION OF JUDGMENT BY "PERSONALLY" HANDING A TRUE COPY TO A PERSON REPRESENTING THEMSELVES TO BE THE DEFENDANT, TO WIT: LORI A. ORRIS AT 717 RIVERVIEW DRIVE, ETTERS, PA 17319. SHERIFF COST: $39.32 May 26, 2011 NOTARY :::&?& JQ&"A,50?- BRET NEWCOMER, DEPUTY SO AN RS, CHAR P K E LEBER, 717ERIFF Affirmed and subscribed to before me this 26TH day of MAY 2011 (c) eountySwe sheriff Ieieosott Inc NOTARIAL SEAL LISA L. THORPE, NOTARY 12UILIC CITY OF YORK, YORK COUNTY MY COW-IISSION EXPIRES AUG. 12, 2013