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HomeMy WebLinkAbout11-8617 CJ MILLER, LLC IN THE COURT OF COMMON PLEAS OF 3514 Basler Road CUMBERLAND COUNTY, PENNSYLVANIA Hampstead, MD 21074 PLAINTIFF ' NO. 11 8611 0 M l -Fr r* V. EDDIE MUL,LEN a/k/a ED MULLEN {? N d - i t/a E. MULL,EN rn CO o i m 1483 English Drive ? N -0 Mechanicsburg, PA 17055 < > r `? DEFENDANT C)-, z c5C_ C ? Ti CONFESSION OF JUDGMENT r " Pursuant to the authority contained in the Warrant of Attorney, the original of which is attached to the Complaint filed in this action, I appear for the above Defendant and confess judgment in favor of the Plaintiff and against the Defendant, as follows: Materials Provided $2,204.25 Finance Charges 217.24 Attorneys Fees (25%) 605.37 Total $3,026.86 Respectfully su , Robert P. Kline, Esquire Kline Law Office P.O. Box 461 New Cumberland, PA 17070 (717) 770-2540 Atty. ID 58798 Judgment entered as above this 14f` day of November , 2011. aothonotary UT a5 PD A'TTY e.* 4 1010 P11 CJ MILLER, LLC 3514 Basler Road Hampstead, MD 21074 PLAINTIFF V. EDDIE MULLEN a/k/a ED MULLEN t/a E. MULLEN 1483 English Drive Mechanicsburg, PA 17055 DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. COMPLAINT 1. Plaintiff, CJ Miller, LLC, is a limited liability company organized under the laws of the State of Maryland, whose principal address is 3514 Basler Road, Hampstead, Maryland 21074. 2. Defendant, Eddie Mullen a/k/a Ed Mullen t/a E. Mullen is an adult individual residing at 1483 English Drive, Mechanicsburg, Cumberland County, Pennsylvania 17055. 3. On or about April 29, 2008, Defendant submitted a credit application to Plaintiff, a copy of which is attached as Exhibit "A". 4. Pursuant to said credit application, Plaintiff did provide materials in the amount of $2,204.25 to Defendant as set forth on Plaintiff's invoice attached hereto as Exhibit "B". 5. Said credit application authorized any attorney at law to appear for Defendant before any court having jurisdiction within the United States and confess judgment against Defendant at any time after any sum is due for the unpaid balance of the money due under said credit application, together with court costs, expenses, and attorneys fees of 25% of the amount of then due. 6. Pursuant to said credit agreement, finance charges have accrued in the amount of $217.24 as set forth on Plaintiff's invoice attached hereto as Exhibit "B". 7. Pursuant to the terms of said credit application, attorneys fees in the amount of $605.37 are presently due and payable from Defendant. 8. The total amount presently due from Defendant to Plaintiff, including materials provided, finance charges, and attorneys fees, is $3,026.86. 9. Despite Plaintiff's requests, Defendant has failed to pay the monies due and outstanding to Plaintiff. WHEREFORE, Plaintiff respectfully requests this Honorable Court confess judgment in its favor and against Defendant in the amount of $3,026.86. Res mitted, 1 Robert P. Kline, Esquire Attorney ID #58798 Kline Law Office 714 Bridge Street Post Office Box 461 New Cumberland, PA 17070 (717) 770-2540 VERIFICATION I, William H. Miller, Vice President of CJ Miller, LLC, verify that the statements made in the foregoing Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. I further verify that as Vice President of CJ Miller, LLC, I have authority to execute this Verification on behalf of the Corporation. lo-31- aoI °I, 4, ? ?4 Date WILLIAM H. MILLER Oct. 4, 20 i I Phone (410).239-8006 V ? i V .. V V. .\ V L/ V V J V •. ? V V J ? •. V V .. 9:53AM C J MILLER, LLC Excavating • Paving No. 6310 P. 4 VV? 3514 Basler Road FAX Hampstead, Maryland 21074-1299 (410) 239-4204 CREDIT APPLICATION PLEASE PRINT OR TYPE 'Tr'ade Name: ???Lf /f/' Corporation Name; - PO. Box: CYry/Scate: t ? C Pj4 zip Code:./-ZO-?' Phone Number:( pax Number:( ) TBtBxemptNo.:, Fed. I.D. No. Type of Business'. A V 1 Credit Line Requested: $ .:p 0. No. Required: Yes No Check One: Proprietorship Corporation Partnership . Limited Liability Company How Long In Business: Whem Incozpofated: OWNERS (If Applicant is Sole Propriietorship));,O CERS (If Applicant is a Corporation) Owner/President's Name:l HomeAddress: 1? ?// J 'S ,dam /YIeCh an />5 i,r Home ):?hone: (ell-l 7,?o Percentage of Business Owned: _/o Q OwnerIVcOmsident's Name : 'C-?Yz/ 'L°_ IVLA6 HomeAddiess:- Home Phone: ( ) S;S; NO. Percentage of Business Owned: Owner/Treasurer's Name: HomeAddiess: Homel?hone: ( ) S.S. No. Percentage of Business Owned: Finksbuij Plant Westminster Plant Woodahoro Plant `Phone (410)833-3780 Phnoe (410) 8484998 Exhibit "A" Phono (301) 845-8784 Fax (410) 833-4958 Fax (410) 848-8687 Fax (301) 845-2658 . 1 Oc t. 4. 201 9:54AM ?Nl 6310 P 5 Has your company, or any of its owners, partners, or officers ever filed a voluntary- petition in Bankniptcy, been. adjudged bankrupt, or made an assignment for the benefit of creditors? yes no lf yes, please explain on separate sheet and attach. Has a tax lien been filed-against your company or any of its owners, partners, or officers within the past five (5) years7 yes no if "yes" explain BADE CREIDX' ORS. Erimary Creditor : ?( or^ -Y;? ?Address 6?'? Phone No. „a lp 4 y '- City/State : l n C 4 0,&C L 4f Zip Code, Relationship began Secondary Creditor Address : Phone No.'( ) City /State : Zip Code Relationship began Additional Creditor Address ; Phone No, C-) City/State : Zip Code Relationship began Additional : Address ` Phone No. (_) City/State Zip Coda Relationship began The applicant is not past due on thepayment of any obligations due banks, trade creditors or finance companies and no legal proceedings have been commenced: against the applicant by any creditor except; Name amount Due Davs Past Due 3, Attach addiotonal sheet(s) as necessary,. REPUSIENTATrONS RANM& RQMIWS & AGREEMENTS 1. Terms: Net 30 Dapk'Onance. Charges.will be assessed after 30 days at 1.5% per month. 2.. Repr gntati y Ap licanf In_orde' .to induce the extension of credit requested on the front side of this apphestion, the applicant wairants that the information given in this application is correct and agrees that the information is material to. granting credit. The applicant agrees to advise the companies to which the application is addressed by sending them a notice in wdt#i g,. to 3514-]Basler Road, Hampstead,MD 21074, of any material change. in the information set forth herein or furnished herewith. 3. Authority to y=Lfllnforrnation T be, applicant authorizes the appropriate representatives of any of the companies tb:,Ohich the'appl.ication is addressed to contact any of the references givoh on the front side of this application and furtha?utticuius_each of those references to disclose to any of the companies to which the application is addressed any and all inforriiadio n the reference may have xe12ting to the applicant 4. l-o Obligation to Mdend QI& The execution of this application does not obligate any of the companies to wbrch rt is addressed to sell any goods to.the applicant. The decision to extend credit or s611 goods to the applicant will be made; by the companies to which the applicant is addressed afterreviewing this application and making whatever independent invtstlgatYOn ' j of the applicant's credit history is deemed necessary, 5 _Canseity,ro Make Application If the applicant is a corporation, the person signing this application on behalf of the applicant warrants that he is authorized to do so. . 6,Iusiiridual T,fgbility if Applicant Incorporates If the applicant is not a corporation at the time of this application 1 and subsequently incorporates, with or without the knowledge of the companies to which the application is addressed, ihe:applicant agrees to be jointly and severally liable to any of the companies to which the application is addressed for any indebtedness incurred by or transferred to such corporation. 7-Damages The companies to which the application is addressed shall not be liable for any consequential damages, damages to property, damages for loss of use, loss of time, loss of profits or income or any other incidental damages resulting froin the late '. . delivery of material ordered by the applicant or their failure to render promised services in a timely and efficient manner; $, Service Cbarges on Past DneAccounts Any of the companies to which the application is addressed shall have thetightto impose service charges on any past due balance at whatever rate is then'being assessed on past due balances by the companies to which the application is addressed. 9. Attorney's Fees If the applicant's account with any of the companies to which the application is addressed becomes pist.dpa• and the company to which the.aeeoantis due eagages the services of an attorney, who is not an employee of that company, to collect the account, the applicant shall pay to the company's attorney a collection fee equal to twenty five percent (25%.)6f.the amount due, whether or not litigation is commenced. There will be a $100.00 charge for all returned checks from the bank.,, 10. Maryland > ow-Tirrisdictign and Nenue This agreement shall be interpreted under and governed by the laws of 0i .Stat5 of Maryland. Applicant hereby submits. to the jurisdiction of the Maryland courts, and waives any right it may have; to the 'defense that any Maryland court in wltich:companies may bring suit lacks venue over the applicant. 11, Conpegsiot? ofJudgement Applicant hereby authorizes any attomey- at-law to appear ,for company before any court. vmg . jurisdiction within the United States orelsewhere; and, after one or more declarations filed, confess judgement against applicant as of any time after any sum is due hereunder (Whether by demand or otitrwise) for the unpaid balance of the money due_under this application, together with court cost, expenses and.attomeys' fees of 25% of the amount then due; for the rollecdotns. and . release of all etrors and without stay of Execu tion and inquisition and Wen sion upon any levy on real estate is hereby-,waiveA and condemnation agreed to, and'the exemption` of personal property from levy and sale is also hereby expressly waived and no benefit of exemption;shall'be claimed under any exemption law now in force or which may be hereafter adopted; 12. Waiv. a ofJury Trial- Applieant.hereby Waives the right to trial by jury in any proceeding brought by or against the companies arising under the terms of of in reference to this agreement; i BA K REEF-REN Name: G Cys 7` cpwg Address: Phone No, City/State: Zip Code: Checking Acct. No.,' avingsAccr., No. Loan Nos. CORPORkTE APPY. ('ANA' ATTEST;" (Ugal Name of Corp oration/Applicant ) Corporate Secretary By: Officer's Signature ( SEAL] Officer's Title C J MILLER, LLC AUTHOIUZATION TO OBTAIN CONSUMER CREDIT REPORT The undersigned individual, who is identified in the foregoing Application for Credit, is either an officer, partner, proprietor, manager, or other party with an interest in the applicant, recognizing that his/her individual credit history may be a factor in the evaluation of the credit history of the applicant, authorizes and instructs C J Miller, LLC to obtain a written credit report on the undersigned from any credit reporting agency now and from time to time in the future as such report may be needed in the credit evaluation process. Signature: Social Security #? I! Signature: Social Security # Signature: Social Security # Oct. 4. 20 11 9:53AM No. 6310 P. 3 CJ Miller, LLC 3514 Basler Road Hampstead, MD 21074 II . :435- EDAULLEN 1 07119!11 i : 07/19/11 435 1. ED MULLEN 1463 ENGLISH DRIVE MECHANICSBURG, PA 17055- III 1111111111 1 ITI 11111111 - To ensure proper credit, please return this portion with your rernittanca. A finance Chvpe of 1.501/a per month (e1lrW lowmlepe rate or 1&00%) Al be charged on all past due amnfe lr -scription 01(31111 F 32294 Finance Charge 35.97 29.71 02128111 F 32329 Finance Charge 35.97 35.97 03131/11 F 32365 Finance Charge 37.05 37.05 04/30/11 F 32396 Finance Charge 37.60 37.60 05/31/11 F 32430 Finance Charge 38.17 38.17 06130111 F 32470 Finance Charge 38.74 38.74 11124109 1 150840 Material Sales 2,254.77 2,073.63 11/24/09 1 150852 Material Sales 30.00 30.00 11125109 1 150685 Material Sales 180.00 100.62 36.74 `38.17 2,344.,58` 0,00 2,421,49 32294 F 29.71 32329 F 35.97 32365 F 37.05 32396 P 37.60 32430 F 38.17 32470 F 38.74 150840 1 2,073.63 150852 1 30.00 150885 1 100.62 2,421.49 CJ MILLER, LLC IN THE COURT OF COMMON PLEAS OF 3514 Basler :Road CUMBERLAND COUNTY, PENNSYLVANIA Hampstead, MD 21074 PLAINTIFF n ?iVil?U'M1 l ( !l ~ gf . 7 NO. o V. EDDIE MULLEN a/k/a ED MULLEN C ° D "n t/a E. MULLEN m ca 1483 English Drive :CM < ?r- Mechanicsburg, PA 17055 o© DEFENDANT -. iC) n NOTICE UNDER RULE 2958.1 D= OF JUDGMENT AND EXECUTION THEREON NOTICE OF DEFENDANT'S RIGHTS TO: Eddie Mullen a/k/a Ed Mullen t/a E. Mullen 1483 English Drive Mechanicsburg, PA 17055 A judgment in the amount of $3,026.86 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 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 Bar Association 32 S. Bedford Street Carlisle, PA 17013 (717) 249-316 Robert P. Kline, Esquire Attorney for Plaintiff Kline Law Office 714 Bridge Street Post Office Box 461 New Cumberland, PA 17070 (717) 770-2540 SHERIFF'S OFFICE OF CUMBERLAND Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor 40 _ - COYNIT0YC -''--" CF THE PROTH0H01' ,`R It r rv Rm /o= d3 [ . CJ Miller, LLC vs. Eddie Mullen SHERIFF'S RETURN OF SERVICE Case Number 2011-8617 12/14/2011 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: Eddie Mullen, but was unable to locate him in his bailiwick. He therefore returns the within Notice Under Rule 2958.1 and Confession of Judgment and Complaint as not found as to the defendant Eddie Mullen. Deputies were advised by current tenant Eddie Mullen does not reside at this address. To date The Mechanicsburg Postmaster has been unable to provide a good forwarding address for the Defendant. SHERIFF COST: $43.44 December 14, 2011 SO ANSWERS, RON R ANDERSON, SHERIFF (c) Gcun£y Suite Sheriff. Teleoso£t. Inc.