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Home My WebLink About13-2637 PAO z13 VIA Y10 CUMBERLAND Nt � Od �a " y FENN5 Keith O. Brenneman, Esquire 44 West Main Street Mechanicsburg, PA 17055 (717) 697 -8528 Attorney ID #47077 Assistant Solicitor, Cumberland County COMMONWEALTH OF IN THE COURT OF COMMON PLEAS OF PENNSYLVANIA, ex rel. COUNTY CUMBERLAND COUNTY, PENNSYLVANIA OF CUMBERLAND, Plaintiff e till'- 7M7,-n NO.2013- ;-6.31 V. CIVIL ACTION - LAW CAROLE E. POWLEY, Defendant Confession of Judgment WARRANT OF ATTORNEY FOR 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 Carole E. Powley and confess judgment in favor of the Plaintiff and against the Defendant as follows: Principal Balance: $ 10,000.00 Total Due: $10,000.00 Keith O. Brenneman, Esquire 44 W. Main Street LAW OFFICES Mechanicsburg, PA 17055 SNELBAKER & (717) 697 -8528 BRENNEMAN P.C. Date j a ;`013 Attorney for Defendant _ / . G� 33�s� )Ve Jc e. �- r vl f - 0 f - t/1 Keith O. Brenneman, Esquire 7 —cr CD .,, 44 West Main Street C Mechanicsburg, PA 17055 D. (717)697 - 8528, Attorney ID #47077 Assistant Solicitor, Cumberland County COMMONWEALTH OF IN THE COURT OF COMMON PLEAS OF PENNSYLVANIA, ex rel. COUNTY CUMBERLAND COUNTY, PENNSYLVANIA OF CUMBERLAND, Plaintiff / ,./ NO. 2013 — .Z6 3'r 6 (11Z e!M V. CIVIL ACTION —LAW CAROLE E. POWLEY, Defendant Confession of Judgment COMPLAINT Plaintiff Commonwealth of Pennsylvania, for the use of the County of Cumberland, by its attorney, Keith O. Brenneman, Assistant County Solicitor, files this Complaint as follows: 1. Plaintiff is the Commonwealth of Pennsylvania for the use of Cumberland County, having an address at One Courthouse Square, Carlisle, Cumberland County, Pennsylvania. 2. Defendant is CAROLE E. POWLEY, an adult individual with a last known address of 176 Harman Road, Halifax, Pennsylvania 17032. 3. Attached hereto and incorporated by reference herein as "Exhibit A" is a true and correct reproduced copy of the original Bail Bond executed by Defendant as surety (the 'Bail Bond "). LAW OFFICES ' SNELBAKER & BRENNEMAN, P.C. 4. The Bail Bond has not been assigned. 5. Judgment is not being entered by confession by this action against a natural person in connection with a consumer credit transaction.. 6. Judgment has not been entered on the Bail Bond in any jurisdiction. 7. Default under the Bail Bond or the occurrence of a condition precedent has taken place in that Shawn Patrick Kelley has failed to appear as required in the criminal matter docketed to Cumberland County CP- 21 -CR- 0001187 -2011, thereby resulting in a bench warrant issued for his arrest and forfeiture of bail in the amount of $10,000.00 as noted in the Order dated April 17, 2012, a true and correct copy of which Order is attached hereto and incorporated by reference herein as "Exhibit B ". 8. The itemized computation of the amount due consists of the following: Monetary amount of Bail Bond: $10,000.00 Filing and service costs: To be determined WHEREFORE, Plaintiff demands judgment against Defendant in the amount of $10,000 plus costs of this action. SNELBAKER & BRENNEMAN, P. C. BY: Keith O. Brenneman, Esquire 44 W. Main Street Mechanicsburg, PA 17055 (717) 697 -8528 Assistant Solicitor, Cumberland County Date: 2d i3 , LAW OFFICES SNELBAKER & BRENNEMAN, P.C. -2 UL BOND )TN MDJ No: Date of Charge(s): L/ ,C No: MDJ Docket No: :)m nwealth vs. *(Defendant ddre ss) NEXT COURT ACTION Date/ Ti me/ location Dictrkt Cou -1 -01 9'� S. 'EIX a �!11ve 7 Jr Enola PA, 17025 (700 /D, 3d 728 -2805 1ARGE(S)_ )DITIONAL.CHARGES MAY EXI� S� ,PLEA SEE AQQMQNALL QJA PAGE (PE(S) OF RELEASE: J ROR ❑ Unsecured Bail. ❑ Nonmonetary Condition(5) (see additional page(s)) ] Nominal Bail ❑ Monetary Conditions) in the amount of $ IE CONDITIONSOF THIS SAII, BOND A RE AS FOLLOWS: The defendant mv! t appear at all time: required until ful( 2nd final dispoaklon of the case. The defendant must obey all further orders of the bail Authority, The defendant mmst give written notice to the bail authority, the cleric of eourLa, the district Attomoy. end the court bail agcncy or other dosiOnated ro+Irt bail irer, of any change of Address within 48 houre of the date of the change. The defendant must neither do, nor cause to be done, nor pRrmit to bA done on his/her behalf, any act as pro' s eribed by Section 4952 of the Crimes Code dating to intimidation of witnesses., or victims) nr by Sertion 4.953 (relating to retaliation against wlttipmes or victims), 18 Pa.C.8, §§ 4952,4953. The de ar : most rcfraln from c minal activlly. rerI th e a Ve n' o of bail ha een imposed _ , . . ...—Signature y c fission expires �st onda f Janua , (PE5 OF SECURITY: ] Cash /Equivalent ❑Gov't Bearer Bonds ❑ Realty Win -Commonwealth 1 % Cash ❑u-rety Bond Cl R -ealty outside Commonwealth ITAL AMOUNT'BAIL SET (IF ANY): $ tv, 00 41 (see sureties page) ML DEPOSITOR(S): ` Deposftbr Name Amount This bond is valid for the entire proceedings and until full and disposition of the case including all avenues of direct appeal to the Supreme Court of Pennsylvania. SREE THAT I WILL APP / AR AT Ll. SUBSEQUENT PROCEEDINGS AS REQUIRED AND COMPLY WITH ALL THE CONDITIONS OF THE BAIL BOND. I BOND SIGNED ON — .•,..�' .. ._ ___ _._ PENNSYLVANIA J (Sir)n:RUr�+ pl Dei_n0�m) ' Alpnnh,.n Wllnnau ' k ••-- (Ruraiyl PLEASE &Pr ATIAC14CD FAGS 4 FOR A1IDITIONA1, INFOf4MAT10 .�CReceived lime Apr 9. 2011 B.:02AM No. 2200 ExxIBIT A URETY IINFORMIATIION PAGE OTN r MDJ No: Date of Charge(s): p CC NJ _. MD Dock No: ;om �e-Alth vs. Qefenclant Name an dress) NEXT COURT ACTION Date/ Time/ Location _ Di aria Court. 09 -1. -03 98 S. T cola F))ivc, Suite 1 /O 3 O AA1 En.ola, PA 17025 ef /700 728 -2 ('7/'7) -- , the Linderstgned surety, have posted securitt s to 10 0D y In the E arraor�nt . -- 'YPES OF SECURITY :1 Cash /Equivalent. ❑ Gov't: Searer Bonds ❑ Realty w /in Commonwealth — % Cash iliureiy Bond ❑ Realty Outside Commonwealth I have read this information, and I acknowledge that I, my personal representatives successors, heirs and assign, are cintly and severally bound with the defendant and any other sureties to pay to the Commonwealth of Penhsylvanisl the sum of - , which is tho full amount of the monetary condition of release In the event the bail bond is forfeited, I understand that when a monetary condition of release is imposed, if the defendant appears at all times required by the .curt and satisfies all the other conditions set forth in the bail bond, than upon full and final disposition of the case, this bond hall be void. if the defendant fails to appear as required or to comply with the conditions of the bail bond, then this bond hall remain in full force, and the full SLI of the monetary condition of release may be forfeited, the defendant's release 'fay be revoked, and a we.rrant for the defendant's arrest may b& issued. VARRANT OF A77ORRIEY: RECOGNIZIi\(G THAT 1 AEI WAIVING CERTAIN IMPORTANT RIGHTS, V CLUDING THE RIGHT OF PREJUDGMENT NOTICE AND HEARING, in accordance with the law, I do hereby mpower any attorney of any court of record within the CO mm O n lnrealth of Pennsylvania or elsewhere to appear for me at any me, and with or without declarations filed, and whether or not the defendant be In default, to confess judgment against rne. nd in favor of the Commonwealth of Pennsylvania for use of the county, and its assigns, during any term or session of a court f record of the county for the full amount of the monetary condition of release set forth on the first page of this bail bond, nd costs, i understand that any real estate which I have posted as security in this case may be levied upon to collect the mount confessed. I waive and release any right of Jnquisition on that, real estate, voluntarily condemn it, and authorize the rothonotary. upon a Writ of Execution, to enter my voluntary condemnation, i glso agree that any real estate posted by me this case may be sold on a Writ of Execution. I hereby forever waive and release any and all errors which may arise in any , oceeding to confess judgment in this case, waive all rights of stay of execution, and waive a.11 l a ws now in farce or IaiMs Rssed in the future which exempt real or personal property from execution. Since a copy of this bail bond and warrant of attorney is being filed in the defendant's case, it shall not be necessary file the original as a warrant of attorney, notwithstanding any law or rule of court to the contrary, verify that the facts set forth in this form are true and correct; the best of my knowledge, information and belief. This statement is made subject to the penalties of Section 4901, of the rimes Code (18 Pa.C.S, Sen,.tion 4904.) relating to unsworn falsification to authorities. *11-n ° all III 311ua1lbna, grc0IV ADAI iRC1lIMtr Sun1Y, SU'My Company m DrAnnmaT1) _ efund of all bail (less any tail related fees or commissions allo cl by lalnt and reasonable costs if any, o1 ninistering the cash bail program) will be mile -le- rithin 20 dayc 2ftErfut1 and final disposition. (Pa..R.Grim.P. 535) ring Cash Bail Receipt to Clerk of Courts or IS$Winq Authority. , Receive) Time Apr, 9. 2011 8:02AM No.2200 COMMONWEALTH IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVPNNIA V. CP- 21 -CR- 1187 -2011 SIs_kWN PATRICK KELLEY OTN: L624321 -S AFFIANT: DEPT. JEFFREY KURTZ IN RE: BENCH WARRANT ORDER OF COURT AND NOW, this 17th day of April, 2012, the defendant having been ordered and directed to appear for a criminal pretrial conference this date, and having failed to appear as directed, a bench warrant is issued for his arrest and aroduction in court. Professional bail in the amount of $10,000.00 is forfeited. By the Court, lbert H. Masl nd, J. Jaime M. Keating, Escguire Office of the District Attorney A TRUE COPY FROM RECORD In Testimony whereof, I here unto set my hand Jacob M . Jividen, Esquire Court - appointed Counsel and the seal of said Court at Carlisle, PA, This day of Probation Clerk f the art Carole Powley, . Bondsman Cumberland County Sheriff prs APR 2 3 201( 2012 1 .� y n9 APR 2 .1, EXHIBIT B �' VERIFICATION I 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 Ja es H. He z er, Vice -Chaff n mberland County Board of Commissioners ! i Date: 2 D i i i i i i i I i l i LAW CFMCE5 SNELBAKER & BRENNEMAN. P.C. i 26113 MAY 1, 0 PM '' 17 CUMBERLAND COUNTY PENNSYLVANIA ' Keith O. Brenneman, Esquire 44 West Main Street Mechanicsburg, PA 17055 (717) 697 -8528 Attorney ID #47077 Assistant Solicitor, Cumberland County COMMONWEALTH OF IN THE COURT OF COMMON PLEAS OF PENNSYLVANIA, ex rel. COUNTY CUMBERLAND COUNTY, PENNSYLVANIA OF CUMBERLAND, Plaintiff NO. 2013 — V. CIVIL ACTION —LAW CAROLE E. POWLEY, Defendant Confession of Judgment NOTICE UNDER RULE 2958.1 OF JUDGMENT AND EXECUTION THEREOF NOTICE OF DEFENDANT'S RIGHTS TO: CAROLE E. POWLEY, Defendant A judgment in the amount of $10,000.00 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. LAW OFFICES SNELBAKER & - BRENNEMAN, P.C. �* R 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, Pennsylvania 17013 -3302 (717) 249 -3166 By: Keith O. Brenneman, Esquire Snelbaker & Brenneman', P. C. 44 W. Main Street Mechanicsburg, PA 17055 (717) 697 -8528 Assistant Solicitor, Cumberland County -2- LAW OFFICES SNELBAKER & BRENNEMAN. P.C. Keith O. Brenneman, Esquire 44 West Main Street Mechanicsburg, PA 17055 (717) 697 -8528 Attorney ID #47077 Assistant Solicitor, Cumberland County COMMONWEALTH OF IN THE COURT OF COMMON PLEAS OF PENNSYLVANIA, ex rel. COUNTY CUMBERLAND COUNTY, PENNSYLVANIA OF CUMBERLAND, Plaintiff V. CIVIL ACTION —LAW CAROLE E. POWLEY, Defendant Confession of Judgment NOTICE OF ENTRY OF JUDGMENT PURSUANT TO Pa.R.C.P. 236 NOTICE is hereby given that a judgment in the above - captioned matter was entered against you on May f Q , 2013. PROT NO Y w� (Deputy) Prothonotary If you have any questions concerning the above, please contact: Keith O. Brenneman, Esquire Snelbaker & Brenneman, P. C. 44 W. Main Street Mechanicsburg, PA 17055 LAW OFFICES (717) 697 -8528 SNELBAKER & Assistant Solicitor, Cumberland County BRENNEMAN, P.C. SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny RAnderson T'IME Elf-0 ,;(a Sheriff ,LL r ,6?r tt''#;.. ry %0%r fit clurib" Jody S Smith j� � � ,,, Chief Deputy 5 r � = 1k Richard W Stewart C MBERLA14D CUU'Ifl'Y Solicitor OFFICE OF TRE S4ERIF= P E N H S Y LVA I FA Commonwealth of Pennsylvania ex rel County of Cumberland Case Number vs. Carole E Powley 2013-2637 SHERIFF'S RETURN OF SERVICE 05/10/2013 Sheriff Ronny R Anderson, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit: Carole E Powley, but was unable to locate the Defendant in the Sheriffs bailiwick. The Sheriff therefore deputizes the Sheriff of Dauphin, Pennsylvania to serve the within Complaint in Confession of Judgment according to law. 05/24/2013 01:09 PM -The requested Complaint in Confession of Judgment served by the Sheriff of Dauphin County upon Carole E. Powley,who accepted for Carole E Powley, at 176 Harman Road, Halifax, PA 17032. Jack Lotwick, Sheriff, Return of Service attached to and made part of the within record. SHERIFF COST: $37.46 SO ANSWERS, May 29, 2013 RbNW R ANDERSON, SHERIFF (c)CountySuite Sheriff,Teleosoft,Inc. . it Shelleyy Ruhl Jack Duignan Rea]Estale Deputy ?; Chief Deputy e Matthew L. Owens Michael W. Rinehart Solicitor Assistant Chief Deputy Dauphin County 101 Market Street Harrisburg,Pennsylvania 17101-2079 ph:(717)780-6590 fax:(717)255-2889 Jack Lotwick Sheriff Commonwealth of Pennsylvania COMMONWEALTH OF PENNSYLVANIA, EX REL. COUNTY OF CUMBERLAND VS County of Dauphin CAROLE E. POWLEY Sheriff s Return No. 2013-T-1531 OTHER COUNTY NO. 2013-2637 And now: MAY 24, 2013 at 1:09:00 PM served the within COMPL4N CONFESS OF JUDGMNT &NOTICE UND RL 2958.1 upon CAROLE E. POWLEY by personally handing to CAROLE E. POWLEY 1 true attested copy of the original COMPL IN CONFESS OF JUDGMNT &NOTICE UND RL 2958.1 and making known to him/her the contents thereof at 176 HARMAN ROAD HALIFAX PA 17032 SERVED WARRANT OF ATTORNEY FOR JUDGMENT, COMPLAINT, NOTICE UNDER RULE 2958.1 OF JUDGMENT AND EXECUTION THEREOF AND NOTICE OF ENTRY OF JUDGMENT PURSUANT TO PA. R.C.P. 236. Sworn and subscribed to So Answers, before me this 28TH day of May, 2013 Qi%� Sheriff Dauphin County, Pa. By iPA COMMONWEALTH OF PENNSYLVANIA Depu heriff NOTARIAL SEAL y'De p ut JESSICA KARL Karen M.Hoffman,Notary Public City of Harrisburg,Dauphin County Sheriffs Costs: $55.25 5/15/2013 My Commission Expires August 17,2014