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HomeMy WebLinkAbout13-5685 ERIE INSURANCE EXCHANGE, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. Is - ;5&' s 6'd' C= JESSICA CAVINS, MW C/) = rn M Defendant : CIVIL ACTION - LAW S -. 0 - C') CONFESSION OF JUDGMENT =° ^'� � - ?� Pursuant to the authority contained in the warrant of attorney, the original or a ci*y W which is attached to the complaint filed in this action, and Pa.R.C.P. 2955, I appear for the Defendant and confess judgment in favor of Plaintiff and against Defendant as follows: Principal $ 2,880.18 Thomas E. Brenner, Esquire Attorney ID #32085 4250 Crums Mill Road, Ste. 301 P.O. Box 6991 Harrisburg, PA 17112 Attorney for Plaintiff Ctc.�LLl ti�l�g 01 {00663033;v1} ERIE INSURANCE EXCHANGE, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLV�YIA CD V. :NO. 13 '�� 6t/1 ::C-q JESSICA CAVINS Defendant : CIVIL ACTION - LAW x C) Z FZ COMPLAINT IN CONFESSION OF JUDGMENT AND NOW, comes Plaintiff, Erie Insurance Exchange, by their attorneys, Goldberg Katzman, P.C., who state: 1. Plaintiff Erie Insurance Exchange is a business entity authorized to issue policies of insurance within the Commonwealth of Pennsylvania including automobile insurance, with a business address of 4901 Louise Drive, Mechanicsburg, Cumberland County, Pennsylvania. 2. Defendant Jessica Cavins is an adult individual who resides at 748 Walnut Bottom Road, Shippensburg, Cumberland County, Pennsylvania. 3. On June 4, 2010, Plaintiff and Defendant entered into a Judgment Note, where Defendant agreed to reimburse Plaintiff $2,880.18, the amount of damages Plaintiff incurred as a result of a motor vehicle accident caused by Defendant. 4. A true and correct copy of said Judgment Note is attached hereto as Exhibit "A ". 5. This judgment is not being entered by confession against a natural person in connection with a consumer credit transaction. 6. Said Judgment Note cannot be assigned. 7. Said Judgment Note has not been entered in any other jurisdiction. 8. Said Judgment Note permits Plaintiff to enter judgment against Defendant, whether or not Defendant is in default. { 00663 040;v 1 } } WHEREFORE, Plaintiff Erie Insurance Exchange demands judgment against Defendant Jessica Cavins in the amount of $2,880.18 as authorized by the June 4, 2010 Judgment Note. Respectfully Submitted, GOLDBERG KATZMAN, P.C. '11� �J . Thomas E. Brenner, Esquire Attorney ID 432085 4250 Crums Mill Road, Ste. 301 P.O. Box 6991 Harrisburg, PA 17112 717 - 234 -4161 J i Date: � 13 Attorney for Plaintiff `�I �' 1 f 00663040;vl ) I - i T 017- 010171081306 VS JUDGMENT NOTE Mechanicsbnrg Pennsylvania, 4123110 , $2 .18 FOR VALUE RECEIVED, Uwe promise to pay to the order of Erie Insurance the sum of Two thousand Light hundred eighty and 181100 said sum to be payable said sum to be as follows: F_ Ott L dollars, ($ 50.00) on the '31st day of May. 2010 and F' dollars, 0,50.061 on the last day of every month thereafter until the entire amount is " 4 , -paid in full. Uwe hereby authorize and empower any attorney of any Court of Record of Pennsylvania or elsewhere, to appear for and confess Judgment against me for the sum due-and payable - hereon, pursuant to PA. R.C.P. 2951(a) (1) with or without declaration, with costs of suit, interest at the rate of 6% per annum, an attorney's fee, release of errors, and without stay of execution; and Uwe also waive the right of inquisition on any real estate that may be levied' upon to collect this note; and Uwe do hereby voluntarily condemn the same -and authorize the Prothonotary to enter said voluntary, condemnation upon any Teri Facias that may be issued to collect said Judgment; and Uwe further agree that said estate may be sold on a Fied Facias, and Uwe do hereby waive and release all relief from any and all appraisement, stay of executio ex or b ankru ptcy l aws of this or any other state — ------- in force or hereafter to be passed. " _(LS) essica Cavins (LS) This note is given executed without duress or coercion and with full and complete understanding that upon failure to make payment as agreed, that my operating privileges niay be suspended. Further. i do hereby acknowledge that the damage incurred in the accident of sr Februv 14 2010, for which this note is given resulted from my negligence and fault, and (do hereby acknowledge and waive my right to any hearing or trial on that issue. _ DRIVER DA OF BIRTH X (L.S.) DRIVER O TOR NO. X 'ca C" o OWNER D , OF It X t 1 1 3a • 1 2 4 qq OWNER OPERATOR NO. X ? a EXHIBIT A y • J J a e 017 -010171081306 VS DISCLOSURE FOR CONFESSION OF JUDGMENT UWe, Jessica Cavins am executing.this._?3rd _day of _April _. 2010_. a Judgment Note for Two thousand eight hundred.eiAt_v. and 18/100 ($2 18 DOLLARS obligating me to repay that amount. Initials: X i J.C. Initials: It has been explained to me by representative of'the Erie-Insurance Group that the Note contains wording that may permit them or their attomeys. to dntei Judgment against the at the Courthouse, whether or not said Note is in default, without notice to me and without offering rile an opportunity to defend against the Entry of Judgment, an_ d that the Judgment may be collected* by.any legal means. - -- -- - - -- -- — - - Initials: X iL - - -- - • J•C- Initials: In executing the. Note, Me am knowingly, understandingly, and voluntarily waiving any rights to resist the Entry of Judgment. against meat the Courthouse, and am consenting to she Confession of Judgment. Initials: . X S�- J.C. Initials: S 017 -010171081306 VS AFFIDAVIT TO ACCOMPANY JUDGMENT NOTE Being duly sworn according to law, the undersigned jointly and severally depose and say that: 1. Me are over twenty -one years of age, not within the military service of the United States and its allies nor otherwise within the civil relief provision of the Soldiers and Sailors Civil Relief Act of 1947 as amended. 2. UWe have delivered to Erie Insurance a Judgment Note containing a confession of judgment to secure certain payment obligations. 3. IIWe understand that a confession of�judgment allows for the entry * of a judgment by confession against them'and that.said judgment encumbers all real estate that they own. 4. The note is not related to a consumer credit transaction. IN WITNESS WI MOF and intending to induce Erie Insurance to complete the t ransaction as, provided, the und ersigned have affixed their hands and s eals o this . - - - - -- - - - - - -- -- -- . y of — v 6 X� (SEAL) /Je_s�ca Cavins (S EAQ .Sworn to and subscribed before me This 4 ._ day of - -T1 .kr)f ,20-10 TAI v NOTARIAL SEAL otary Public DEBORAH WARREN. Nntary PtMC Shlppei urg Tv+p., Qurt,61111M CoumY Vq C4nwjs&tn E)V is Nov. 9.2013 1 017 -010171081306 VS CERTIFICATE OF RESIDENCE The parties to the transaction are X .°mot CCN , '2s Name,' Address x Address x Address I certify that these are the Iast known addresses of the parties to this matter. � a By: X �'f _ 017- 010171081306 VS I certify my annual income (exceeds/is less than) TEN THOUSAND AND 00 /100 DOLLARS,.that the blanks in this disclosure were filled in when 1 initiated and signed it, and that I received a copy at the time of signing. - X �c= ��d��rs ssica Gavin Date: X ' -0cl o - -0 y -1 ACKNOWLEDGMENT Commonwealth of Pennsylvania) County of ) Before me, the undersigned Notary, personally appeared Whose initials appear above, and who acknowledges under oat that they_ execute the above Disclosure for_Confession of Judgmentsogether_with the Confession of•Judgment Note referred to in the First Paragraph of the Disclosure on this date. =9MY" seat: (SEAL) - aau, nay Odit - ei ' r ` No Public x� * No; e, lets N o tary My commission expireson the ---�—day of -e Z0 ota ova VERIFICATION Iier' A0�. S` IAU C f� I, , an authorized representative of ERIE INSURANCE EXCHANGE, hereby acknowledge that I have read the foregoing COMPLAINT IN CONFESSION OF JUDGMENT, that the facts stated therein are true and correct to the best of my knowledge, information and belief, and that the Judgment Note attached as Exhibit "A" is a true and correct copy. I understand that any false statements herein are made subject to penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. ERIE INSURANCE GROUP B V UV - Dater f 100587813;v11 r CERTIFICATE OF SERVICE I hereby certify that I served a true and correct copy of the foregoing document upon all parties or counsel of record by depositing a copy of same in the United States Mail at Harrisburg, Pennsylvania, with first -class postage prepaid, addressed to the following: Jessica Cavins 748 Walnut Bottom Road Shippensburg, PA 17257 GOLDBERG KATZMAN, P.C. By: Jay s ale Date: y /21 r2d {00663040;v 1 } ERIE INSURANCE EXCHANGE, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PP �3 V. :NO. - JESSICA CAVINS, Defendant : CIVIL ACTION - LAW NOTICE PURSUANT TO RULE 236 Notice is herby given that the attached judgment was entered against Defendant Jessica Cavins. Prothonotary ' Date: {00664029;v 1 } ERIE INSURANCE EXCHANGE, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 13-5685 JESSICA CAVINS, Defendant : CIVIL ACTION - LAW zrn rn = r- -0 -<3a -- C x —I C AFFIDAVIT OF JUDGMENT FROM MOTOR VEHICLE ACCIDU ' TO THE PROTHONOTARY: hereby certify that the Judgment entered against Defendant Jessica Cavins, Judgment Debtor on the Certification of Motor Vehicle Judgment, arose as a result of a motor vehicle accident caused by Defendant. A copy of the referenced certification is attached hereto. I make these statements subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to authorities. LmTra-s E. Brenner, Esquire Attorney I.D.# 32085 Date: December 9, 2013 4250 Crums Mill Road, Ste. 301 P.O. Box 6991 Harrisburg, PA 17112 717-234-4161 SWORN TO AND SUBSCRIBED before me, a Notary Public, this day of ; 2013. Notary Pubk' COMMONWEALTH of PENNSYL.vANIA Notarial Sea! Helen A.aadf Notary Public (� City of Harrisburg,Dauphin County /�,/j 2� My(:Orr1mlSglOtr BOfeS June 28,2014 "�"�JI {00674526;v1} Member.Penns*ania Association of Notaries Lnsurance Exchange. v S. Jessica Calvins ------- r fa the Court of Common Pleas of (,-iurnberland County, Pennsylvania ndgrnent in favor of Plain tiff on No. 1_375685 6/4/201 for cvil Term, 2.013_ Entered September 3, 2013 Erie Insurance Exchange laintiff -- in the above judgment, do appear and acknowledge that this day have nd _n- a tc.,ceivedind from -- ;he deftndant in the above Judgment, full payment and r.aisfaction of the sarte. with interest and cold desirecriha't -171 CD-7-1 :an satisfaction therefore shall be entered upon the records thereof. And further, 1 do hereby authorize and empower DAVid D. Buell -rx.) theProthonotary of said Court, to appear _fiar...-fae and in inY name and stead to enter full satisfaction upon the record of said Judgment, as fully and effectually, to all intents and purposes, as I could were personally present in person to do so. And for so doing this shall be your sufficient .varrant of authority. have hereunto set our hands and seals this 21st In testimony whereof, we day of March , State of Pennsylvania County of Cumberland, } (Seal) Christy Sayers isbur Claims SUmxpor Personally appeared before me, the subscriber, chriaty_ Sivers (Seal) the Plaintiff in the above Joilgnent, and in due form of law acknowledged the within and foregoing Power of Attorney to satisfy the Judg- ment se, forth, to be an act and deed, and desired that thc. same stall be filed of record in the office of the Prothon- utaty of the Court of Common Pleas of said County. tevimcny .,vhe.reof, 1 hae r...unto -;et my hand and snl e. ONWE F PENN., ;;?;: NOTARIAL SEAL ZANNE M. WILAND, Notary Publk: ethargesburg Sorough, Cumberland County My Commission Expires November 1,2016 (110 vC- _ ------ (5f.t1)