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HomeMy WebLinkAbout11-8645JOLENE M. COCCIARDI COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v NO. 11- 6to WOODS GROUP, LLC CIVIL ACTION - CONFESSION OF JUDGMENT d/b/a EXIT REALTY GROUP 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, Woods Group, LLC d/b/a Exit Realty Group, and confess judgment in favor of the Plaintiff, Jolene M. Cocciardi and against Defendant, Woods Group, LLC d/b/a Exit Realty Group as follows: c-) r" Z Principal Sum (as of November 7, 2011) $ 2,453.59 C Other authorized items: ; 10 Fri Interest through November 16, 2011 $ 2.42 Late fees $ 110.00 -- ;?? Costs of Suit $ 127.50 Collection Fee; (10%) $ 269.35 C--) y BALANCE CURRENTLY DUE $ 2,962.86 -=?' - C. N) Respectfully submitted, SAIDIS SULLIVAN & ROGERS s . Kelso, Esq. .Forney ID: 209107 t 26 West High Street Carlisle, PA 17013 (717) 243-6222 Law Offices of Attorney for Defendant Saidis Sullivan & Rogers 26 West High Street Carlisle, PA 17013 ?;ce JOLENE M. COCCIA_RDI Plaintiff v. WOODS GROUP, LLC d/b/a EXIT REALTY GROUP Defendant COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 11 - ref (( ) CIVIL ACTION - CONFESSION OF JUDGMENT COMPLAINT FOR CONFESSION OF JUDGMENT AND NOW, comes Plaintiff, Jolene M. Cocciardi, by and through her attorneys, Saidis Sullivan & Rogers, and files this Complaint for Confession of Judgment against Defendant, Woods Group, LLC d/b/a Exit Realty Group, and avers in support thereof as follows: 1. Plaintiff is Jolene M. Cocciardi, who is an adult individual with an address of 599 Allen Grange Court, Mechanicsburg, Pennsylvania 17055. 2. Defendant is Woods Group, LLC d/b/a Exit Realty Group, which is a Pennsylvania Limited Liability Company. The address for the Exit Realty Group is 57 East Main Street, Mechanicsburg, Pennsylvania 17055. 3. On or about March 30, 2010, Defendant executed a Promissory Note (hereinafter "Promissory Note") in the principal sum of $4,071.52 with interest at the rate of four percent (40/o). Plaintiff is the only holder of the Promissory Note. A true and correct 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 Law offices of installments of principal and interest in the amount of Two Hundred Dollars ($200.00) Sa.idis _ Sullivan beginning April 1, 2010 until the principal balance was paid in full. (See, Exhibit "A" attached & Rogers hereto). 26 West High Street Carlisle, PA 17013 6. 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). 7. The Promissory Note provides that if any monthly installment is not paid when due and remains unpaid for a period of thirty (30) days, Defendant is considered in default and the entire balance principal amount outstanding hereunder and accrued interest thereon shall at once become due and payable. (See, Exhibit "A" attached hereto). 8. The Promissory Note also authorizes the collection of the costs of suit, release of errors, without stay of execution and ten percent (10%) added for collection fees. (See, Exhibit "A" attached hereto). 9. The Promissory Note further provides that "in the event of default of the terms of this Note, the undersigned [Defendant] and each of them do hereby authorize and empower the Prothonotary or any attorney of any Court of Record of Pennsylvania or elsewhere to appear for and enter judgment against the undersigned [Defendant] and each of them for the above sum, with or without declaration, with costs of suit, release of errors, without stay of execution, and with Ten Law Offices of Saidis Sullivan Percent (10%) added for collection fees..." (See, Exhibit "A" attached hereto). 10. Defendant has -made sporadic payments and Defendant has not made the payments required by the Promissory Note on and after September 6, 2011. 11. Defendant is in default and pursuant to the terms of the Promissory Note, the entire principal balance and accrued interest in the amount of two thousand four hundred and fifty-three dollars and fifty-nine cents ($2,453.59) is now due and owing. 12. Pursuant to the terms of the Promissory Note, Defendant is also liable for late fees in the amount of one hundred ten dollars ($110.00). 13. Pursuant to the terms of the Promissory Note, Defendant is liable for a ten percent (10%) & Rogers 26 West High Street Carlisle, PA 17011 collection fee in. the amount of $269.11. 14. Judgment may be entered upon the Promissory Note because Defendant, Woods Group, LLC d/b/a Exit Realty Group, is in default. 15. Judgment is not being entered against a natural person in connection with a consumer credit transaction. 16. Defendant is indebted to Plaintiff under the Note as follows: Principal Sum (as of November 7, 2011) $ 2,453.59 Other authorized items: Interest through November 16, 2011 $ 2,42 Late fees $ 110.00 Costs of Suit $ 127.50 Collection Fee (10%) $ 269.35 Total $ 2,962.86 17. Judgment has not previously been confessed on the Promissory Note within any jurisdiction. 18. 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. 19. Judgment in favor of Plaintiff and against Defendant, Woods Group, LLC d/b/a Exit Realty Group, is demanded as authorized by the Warrant of Attorney set forth in the Promissory Note. WHEREFORE, Plaintiff respectfully demands judgment in its favor and against Defendant, Woods Group, LLC d/b/a/ Exit Realty Group, in the total amount of $2,962.86. Respectfully submitted, Law Offices of Saidis _ Sullivan & Rogers 26 West High Street Carlisle, PA 17013 Date: i, 11 / (' 11 SAIDIS SULLIVAN & ROGERS etto n E.Kelso, Esquire rnev I.D. No.: 209107 26 West High Street Carlisle. PA 17013 (717) 243-6222 Attorney for Plaintiff NOTE S Dated: $ 4,07:! .52 March :?,o , 2010 Mechanicsburg, Pennsylvania FOR. VALUE RECEIVED, the undersigned promises to pay to iolene M. Cocciardi, 599 Allen Grange Court, Mechanicsburg, PA 17055 the principal sum of Four Thousand, Seventy-One Dollars and Fifty-Two Cents ($4,071.52) with interest at the rate 4% on the unpaid principal balance commencing on April 1, 2010 until paid in full -_n monthly installments of Two Hundred Dollars ($200.00) per mo-itYi. The principal and interest shall be payable at 4 Kacey Court, Mechanicsburg, PA 17055-5596, c/o Cocciardi & Associates, Inc. or such other place as the Holder hereof may designate in writing. I__ any monthly installment calendar days of its due date, a of pry nc_pal and :interest snail payable. is not made within fifteen (15) late charge of five (5%-) percent immediately become due and =f any monthly installment under this Note is not paid when due and remains unpaid for a period of thirty (0) days, the undersigned shall be considered in default and the entire principal amount outstanding hereunder and accrued interest -,her- eon shall at once become due and payable. Arid further, in the event of default of the terms of this Note, the undersigned and each of them do hereby authorize and empower the Prothonotary or any attorney of any Court of Record O Penr.Lsylvania or elsewhere to appear for and enter judgment against the undersigned and each of them for the above sum, with or wi.t.hout declaration, with costs of suit, release of errors, without stay of execution, and with Ten Percent (100) added for collection fees; and the undersigned and each of them further agree chat real, personal or mixed property may be sold upon any wri of execution as now or hereafter provided by law or the Rules of Civil Procedure governing the enforcement of judgments; and the undersigned and each of them hereby waive and release all relief from any appraisement, stay or exemption laws of any state now i.. force or hereafter to be passed. The undersigned shall have the right to prepay the principal amount outstanding in whole or in part. Presentment, notice of dishonor, and protest are hereby waived by all makers, sureties, guarantors and endorsers hereof. This Note shall be the joint and several obligation of all makers, sureties, guarantors and endorsers, and shall be binding upon them and their heirs, personal representatives, successors and assigns. Exit Realty Group wicness -on EJ T ara E. Woods 0 EXPLANATION OF RIGHTS (Full Confession) A.. 1 clearly and specifically understand that by signing a Note dated March! 20101 in the airiount of $4,071.52 payable to Jolene M. Cocciardi which contains a Confession of Judg rient clause: 1 _ I will authorize them to enter a judgment against me and in their favor which will give them a lien upon any real estate which I may own, including my home; 2. I will give up the right to any notice or opportunity to be heard prior to the entry of this judgment on the records of the Court; 3. I will agree that they can enter this judgment without any proof of non-payment or other default on my part; 4. I will subj ect all of my property, both personal property and real estate, to execution (and Sheriffs sale), pursuant to this judgment, prior to proof of non-payment or other default on my part; 5. I will be unable to challenge this judgment, should they enter it, except by proceeding to open or strike the judgment; and such a proceeding will result in attorney's fees and costs which I will have to pay. B. I lalow and understand that it is the Confession of Judgment clause in the above- described Note which gives them the rights enumerated in sub-paragraphs 1 through 5 of paral,raph A. above. IF I DO NOT SIGN A NOTE WHICH CONTAINS A CONFESSION OF JUDGMENT CLAUSE, I UNDERSTAND THAT I WOULD HAVE THE FOLLOWING: The right to have notice and an opportunity to be heard prior to judgment. 2. The right to have the burden of proving default rest upon them before my property can be exposed to execution. ?. The right to void the additional exl.)ense attorne,,'Q fees and costs incident to opening or striking off a confessed judgment. C. Fully and completely understanding these rights which I have prior to signing the above-described Note, and clearly aware that these rights will be given up, waived, relinquished, and abandoned if I sign the Note, I nevertheless freely and voluntarily choose to sign the Note, my intention being to give up, waive, relinquish, and abandon my known rights (as described in paragraph B. above) and subject myself to the circumstances described in paragraph A. above. WITNESS: I HAVE READ THIS ENTIRE FORM AND I FULLY UNDERSTAND ITS CONTENTS Exit Re ty Group Ba E. Woods • 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. Date Jolene M. Cocciardi r? E JOLENE M. COCCIARDI Plaintiff V. THE WOODS GROUP, LLC d/b/a EXIT REALTY GROUP Defendant COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. I I - CIVIL ACTION - CONFESSION OF JUDGMENT NOTICE Law Offices of Saidis Sullivan & Rogers 26 West High Street Carlisle, PA 17013 TO: Woods Group, LLC d/b/a Exit Realty Group 57 East Main Street Mechanicsburg, PA 17055 PURSUANT 'CO PA.R.C.P. 236, YOU ARE H BY OTIF THAT JUDG NT IN THE ABOVE-CAPTIONED CASE HAS BEEN ETERE AGA T Y Date: IF YOU HAVE ANY QUESTIONS CONCERNING THIS NOTICE, PLEASE CONTACT PLAINTIFF'S COUNSEL AT THE ADDRESS AND PHONE NUMBER LISTED BELOW: Jason E. Kelso, Esquire Attorney ID # 209107 Saidis Sullivan & Rogers 26 West High Street Carlisle, PA 17013 Telephone: (717) 243-6222 ?. ? FILED-OFFICE OF THE PROI'"ONOTAR" 211 DEC 21 AM 11: 35 OUMBE?R?L?YLYA?lp 7Y PE JOLENE M. COCCIARDI Plaintiff V. WOODS GROUP, LLC d/b(a EXIT REALTY GROUP Defendant COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 11 - 8645 CIVIL ACTION - CONFESSION OF JUDGMENT PRAECIPE TO REINSTATE COMPLAINT IN CONFESSION IN JUDGMENT AND CONFESSION IN JUDGMENT TO THE PROTHONOTARY: Kindly reinstate the attached Complaint in Confession in Judgment and Confession in Judgment in the above captioned case on November 16, 2011. Respectfully submitted, SAIDIS, SULLIVAN & ROGERS Law Offices of Saidis Sullivan & Rogers 26 West High Street Carlisle, PA 17013 Date: December 21, 2011 n WE. Kelso, Esq. ttorney ID: 209107 26 West High Street Carlisle, PA 17013 (717) 243-6222 Attorney for Plaintiff /p,Od Pd . --dlp a??zz? SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson i' Sheriff ?*?tYtY4? Dt 4Ruttbfl"1 Jody S Smith 0,• 13 ?- ftt Chief Deputy L Richard W Stewart '-,TJMBEf%LA1!L1 Solicitor F PENNS MA W A Jolene M. Cocciardi vs. Case Number The Woods Group, LLC 2011-8645 SHERIFF'S RETURN OF SERVICE 01/30/2012 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: The Woods Group, LLC, but was unable to locate them in his bailiwick. He therefore returns the within Complaint for Confession of Judgment and Confession of Judgment as not found as to the defendant The Woods Group, LLC d/b/a Exit Realty Group. Deputies were advised, The Woods Group, LLC is currently moving to an unknown location. To date The Mechanicsburg Postmaster does not have a good forwarding address for the Defendant. SHERIFF COST: $53.45 SO ANSWERS, w -- January 30, 2012 RON R ANDERSON, SHERIFF ic`,: Cou,ryj?.a'.:,r Sherti. Te;ecso't. L'o.