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HomeMy WebLinkAbout13-7300 COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW C.A. CURTZE CO. d /b /a SPECIALTY STEAK SERVICE Plaintiff . ff vs EL SOL EXPRESS, INC. and JUAN GARCIA and FABIOLA JIMENEZ �0 a /k/a FABIOLA GARCIA CIVIL ACTION ter`' Defendants', CONFESSION OF JUDGMENT Pursuant to the authority contained in the confession of judgment provision set forth in the Agreement attached as Exhibit "A" of the Complaint filed in this action, and the Personal Guarantee attached as Exhibit "C "of the Complaint filed in this action, I appear for the Defendants, EL SOL EXPRESS, INC. and JUAN GARCIA and FABIOLA JIMENEZ a/k/a FABIOLA GARCIA, and confess judgment in favor of Plaintiff and against the Defendants as follows: Principal $3,860.45 Interest $338.87 Attorneys fees $772.09 TOTAL $4,971.41 AMATO KEATING /S AND LESSA, P.C. By. �l Michael R. Lessa, Esq., Atty ID #88617 Attorney for Plaintiff 107 North Commerce Way Bethlehem, PA 18017 (610) 866 -0400 JUDG NT E AS A rothonotary /C erk of Court �, (1 ftv Civil Division b ('� l �o�ce Pn� (e COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW C.A. CURTZE CO. d /b /a SPECIALTY Z51 �A STEAK SERVICE No is c' Plaintiff vs EL SOL EXPRESS, INC. and JUAN GARCIA and FABIOLA JIMENEZ zo . CIVIL ACTION � G a /k/a FABIOLA GARCIA v"' Defendants COMPLAINT FOR CONFESSION OF JUDGMENT FOR MONEY UNDER RULE 2951(b) Plaintiff files this civil action pursuant to Pennsylvania Rule of Civil Procedure 2951 (b) for judgment by confession and avers the following: 1. The Plaintiff, C.A. CURTZE CO. d /b /a SPECIALTY STEAK SERVICE, is located at 1717 E. 12 Street, Erie PA 16511. 2. The Defendant, EL SOL EXPRESS, INC., is located at 3401 Hartzdale Drive, Camp Hill PA 17011. 3. The Defendant, JUAN GARCIA, is an adult individual with a last known address of 3401 Hartzdale Drive, Camp Hill PA 17011. 4. The Defendant, FABIOLA JIMENEZ a/k/a FABIOLA GARCIA, is an adult individual with a last known address at 3401 Hartzdale Drive, Camp Hill PA 17011 . COUNT C.A. CURTZE CO. d/b /a SPECIALTY STEAK SERVICE vs EL SOL EXPRESS, INC. 5. On or about December 3, 2009, Defendant, EL SOL EXPRESS, INC., for good and valuable consideration received, executed and delivered to Plaintiff a written Credit Application/Agreement ( "Agreement "), a true and correct copy of which is attached hereto, made a part hereof and marked Exhibit "A ". 6. Pursuant to the Agreement, Defendant, EL SOL EXPRESS, INC., agreed to make timely monthly payments to Plaintiff. 7. Defendant, EL SOL EXPRESS, INC., has failed to make timely payments to Plaintiff under the Agreement. 8. Defendant, EL SOL EXPRESS, INC., is currently in default of the Agreement by virtue of its failure to make timely payments to Plaintiff under the Agreement. 9. As a consequence of the foregoing default, Defendant, EL SOL EXPRESS, INC., is indebted to Plaintiff in the following amount: Principal $3,860.45 Interest $338.87 Attorneys fees $772.09 TOTAL $4,971.41 10. A Statement, showing the principal balance(s) due, is attached hereto, made a part hereof and marked Exhibit "B." 11. Pursuant to the terms and provisions of the Agreement, Plaintiff exercises its option to confess judgment for the entire sum of money which may be due or become due under the attached Agreement. 12. The attached Agreement has not been assigned by Plaintiff. 13. Judgment has not been entered on the attached Agreement in any jurisdiction. 14. Judgment is not being entered against a natural person in connection with a consumer credit transaction. WHEREFORE, Plaintiff demands judgment against Defendant, EL SOL EXPRESS, INC., in the sum of $4,971.41, plus costs as authorized by the confession of judgment provision of the attached Agreement. COUNTII C.A. CURTZE CO. 'd /b /a SPECIALTY STEAK SERVICE vs JUAN GARCIA and FABIOLA JIMENEZ a /k/a FABIOLA GARCIA 15. Plaintiff, C.A. CURTZE CO. d/b /a SPECIALTY STEAK SERVICE, incorporates the allegations of every paragraph enumerated above of this Complaint as if said paragraphs were fully set forth here at length. 16. The aforementioned Agreement contained a Personal Guarantee wherein Defendant, JUAN GARCIA ( "Guarantor "), personally guaranteed the repayment of any and all money due under the Agreement. 17. On or about March 1, 2012, Defendant, FABIOLA JIMENEZ a/k/a FABIOLA GARCIA ( "Guarantor "), also executed a Personal Guarantee in which she personally guaranteed the repayment of any and all money due under the Agreement. Said Guarantee is attached hereto, made a part hereof and marked Exhibit "C." 18. In reliance upon the written representations, promises and guarantees of Guarantors, Plaintiff provided the financial consideration in the attached Agreement to Defendant, EL SOL EXPRESS, INC., in the amounts indicated above. 19. As a result of the aforesaid breach by Guarantors of their representations, promises and guarantees to repay Plaintiff, Plaintiff has suffered damages in the following amount: Principal $3,860.45 Interest $338.87 Attorneys fees $772.09 TOTAL $4,971.41 20. Pursuant to the terms and provisions of the Agreement and both Personal Guarantees, Plaintiff exercises its option to confess judgment for the entire sum of money which may be due or become due under the attached Agreement and Personal Guarantees. 21. The attached Agreement and Personal Guarantees have not been assigned by Plaintiff. 22. Judgment has not been entered on the attached Agreement and Personal Guarantees in any jurisdiction. 23. Judgment is not being entered against a natural person in connection with a consumer credit transaction. WHEREFORE, Plaintiff demands judgment against Defendants, JUAN GARCIA and FABIOLA JIMENEZ a/k/a FABIOLA GARCIA, in the sum of $4,971.41, plus costs as authorized by the confession of judgment provisions of the attached Agreement and Personal Guarantees. AMATO KEATING D LESSA, P.C. By: MlYhael R. Lessa, Esq., Atty ID #88617 Attorney for Plaintiff 107 North Commerce Way Bethlehem, PA 18017 (610) 866 -0400 VERIFICATION ��w ,D / - ,,L� hereby states that he/she is the CrL of o Plaintiff* in this action, and verifies that the statements made in the attached document are true and correct to the best of his/her knowledge, information and belief. The undersigned understands that the statements herein are made subject to the penalties of 18 Pa-C.S.. Section 4904 relating to unsworn falsification to authorities. Rol. AM An . L - 75PEC14L TY SMAK SERVl�l� 1717 EAST 12TH ST.,. ERIE; PA. 16611 '814 452 -2281 r BUSINESS INFORINATM.- Legal line of Byers EnfNy {" Purchaser'): S ai Trade Name (Doing easiness gas): Federal Empl ff ID No. 11 TO Name: At fVanie: t •, ., • . . Address;: Address. C10, State MAII AL ZIO: - M - 11 city, Stft .TeI. No.: ih ? S 7 r Z Fax No.: Tel. No.: FIX Na: E4nall Address: Length of time doing busirlese under above name and address: OU4 . List O other names and addresses under which you have operated within me fast & (live) years Of OWNERSH r On HI { e) IndividuailSole Prdpetorship ` _ Partnets�ttp �Cxpombpo • . LLC . If Corporation or LLC . give date of Adidas and If Parinership. is Ceftatbn filed? Yes NQ� DOW City, Stale Total Purchases are apWAmabely {r Orye) w+eeidy ___,_�r►onthty Complete "to8owing inforrnawn for (Goiparaw Officers. Pdndpal Aarmers, or Individual Owner(s): , Name & Title: Name & THra: Home Address' Home Address: City, StaUe,.?�p: City. State, zip: How la ess How long - associated Wt hhome. Ter. No.: # Tel. No.: SSit: Have you or any other prMdpai pt cipated in either a corporate Of personal banknOtcy within the Iasi five yeses? yes no. if so, "under whet name? Have u or a of the other } Yo any. �rirtclpats been a customer of C. A Cure Co untle►r'a.dis`ferent name or address? „_.___yes. no. If so, please complete the folkyMng: Dates: FROM Mo. Yr. TO Mo. Yr. Name. Address: City State______, BUSINESS REAL ESTATE: 3 Estate Is (check one): Owned _MWMed Leased premises is'mortgagaftased from: "Name: Address: CaMaef: Tel No, Q EXHIBIT U , • J W . Q F J J A, Q (PLEASE READ THIS SECTI BEFORE SIGNING) 1. The Undersigned heresy represents that he is duty audtar wd b sign this AppilCit Agreement an behalf of the above rremed Purchaser and the Wme of this ApolcallonXre* Agreernent wit toe Minding upon such drnity. ' 2. The Undersigned attest the above Memerrts are bW and authorize the Imostigation of all kdwwMm Naiad in. this App9oador4C4sdit AWewent. 3: The Purchaser agrees to notify C. A. Curtze Co. / Specialty Slwj Service feartaij by verttflad mgil ofahy change it ownership of Pufctraser. 4. All emounla duo Crurt m am payable in saccordwri with to paflm t om' Mad by Curt;0 Credo Dapeftrnw t. Any amount due Curtze not paid h acoordanoe with such t berms will tie ar 6 s ffiwnoe WV$ of one and onst -half fbr a ement(1.5%) per.rnonth. Purduase�r sh�i pay for all gtlgmays fees, collectlotr cots, and caur: costs d b y Seller 16 the event fhe�aoaountls turned over fc an attomey or othet agancy, oiiection, "Is bicught or that a000unt is collected through arty judicial prooeedhtg Whalaoever. 6. Purchaser shall pay on each occurrence of checks returned unpaid by Purchaser's bank, a sw*e.charge of ` trrantyftve dollars ($25.00), 9: in the MWit't wpuftheser vioIMN*tha•terms of this Agreement the Under*ned autlioitesi 0'W* ftta' w try, or any at�cr * of aM court of record in this State of pfsewhere, to confess Judgment or Judgments again Vo Undersigned. and purchaser and in favor of the holder be'reof for the Waive due, topMerv the costA of s* sad reasonable adomey's fees, withh or without declaration, release of error* and without stay of examdo%, and for value reosivad do" waive the right and tuertetft of arty present or future taw of.thls or any other stab . e�oetnppng properly, 1081 or personal. froth leulr and sale on execution; and, N levy be made on real estift -does visa waive the rWM of Intitilsitton i0d corilmrfts bo the condennation thereof with full ltberly to sell the Mme on Writ of Execution. with release of errors thereon. 7. Credit terms are sub) d to ctwnge at Selteft discretion at any time. 6.- As a condition of C.A. Curtze Co. skma Specialty $teak Service 6 tidkq a+diit tie Pur+chs"r, the Urtdersl§06d hereby personally guwantses.payrno t In fluff to C. A Curtm Co. aldlbla Specialty Steak Setvime'tcbudi 4 dellriquet+cY charges. collection costs and attomeys feast and wahm any presentment, demand, protest, and any.oltw notice from C. A Curiae Co. aldibla Specialty Stash Service regarding this guarantee of payment. it is firr Orepreedthe use bf titles with respect to the individual Signatures below OW have legal signilicance And in no way be construed to repave the undwsigned flam personal Wbatlons under tics paragraph. 0. As ponskieration for Curtne extending credit to PUM118ser. avid M 00=1151= 4 111 ttie Penfi4Wnia Unttdrm WrMen Obfigations Act, the Undersigned and the Purdwser agree to be kg* bound by the terms mid conditions in this AppliicahordCredtt Agreement Jnduding the personal guwwbq provisions contained herein. The undersigned hereby oardfies that all the Infomwttion on this Credit Application Is corr�eck and that (/We fully understand credit temps and conditions set forth above, and agree to the temp and oondldons as consideration for a9dit extended by Curtze. Account Na SE�aRuro: 'Date: ^�Q me: (Type or Print Name of `Purchaser") , ONOMOU44y) . Pti1►t Natm: `\_�IJQ(r'1 t�� b, fC! _____,,! • . r . signature• Date: ejqxwcxwu print Nwa: 8 1 L L. T 0: N Iwo OATE C"rA CD CNAR6t CREDIT OPEN BALANCE EL S01..EXPRESS- NNRT20ALE 742123 7/11/12 IN 304. 35 304.39 74o1 NART2DALE DR. 762123 8/3i /12 .240 PY 125.62 17a.73 CARP HILL PA .762143' 9112112 2f0 Py 91.86 - .86.87 17013, 762123 9/28/12 271 PY 14.20 72.67 762123, 5 /03113 PY 34.84 35_83 33:83 Customer 0 29229 761748' 7/20/22. IN 12.39 12_39 48.22 Custamor'• Terms are PVC 772422 8102/12 IN 240.14 288.26 772822' 8106112 117249 CR 300.44 139.70 187.92 777918. a /09113 IN 47.25 43.25 211.17 781997 8h9I12 IN 79-SO 310.47 701167 s/2an: 272 PY 76.00 3.50 236.67 - , -30:04. ---- .: 30.04 264;71.. _.. -... __ 788009 8/23113 IN 194.19 104.30L 369.10 793SS3'. 4/30112 IN 192.01 192.01 fti.11 795652 9/04112 an 2. 361 36 362.47 801425' smil2 IN 329.14 8!2:31 802423 !/12/12 290 Py 72f_t4 962.47 801425' 9/12/12 141276' OCR 100.44 - 100.44 482.03 802135' 9/12112' IN 79.90. 79.50 341.!3 CURTU 814319' 9127112 IN' 711.39 332.39 872.92 827333 10/161/12 IN 79. SO 7930 052.42 E N T I R C u S T S 9 :Note I:InvROCti P:Bactc Ln ,0:8acN P1 L:L'ast Pt f .-Next Ln tenter) :K"t Pt .0=0ut O:Data /S:InrN M:Nai1 5:1 /S F ALL -STATE LEGAL® m 3 I L L T 0: N 1N" PATE CH" GD CHARGE CREDIT OP9N BALANCE RL 5OL 9XPRE5S- HYRTZDALE 839735 11/02/12 ON 13 -65 13.63 944.07 3401 HAMPALE DR. 040462 12/01112 OH 10.04 IS.04 , 981.11 CAHP HILL PA 901971 1!02/13 DM 19.27 15.27 996.39 17011 902042 210II13 DH 15.50 15.50 1011.88 9216" 3/01/13 DH 15.73 15.13 1027 -61 Customer 0 28229 942613 4/01123 DH 13.97 1S.97 1043.44 Customer's Term are PPG 96389S 5101I13 DH 15.21 14.21 1059.79 CURT2E E LA T E R C U I T• N:Noto I:InvRlCtt P:3aCk Ln 9:3Wi P8 L:Last P6 P:Next Ln ;tnterj:Narnt PS O:OUt O:Omts /M:Invs H:Ma4t 3:3 /S ,E I I i 11 1 L L T 0: N INVS DATR CNK# Co CNARie CREDIT OPEN BALANCE EXP £L SOL RESS- NU,,.rZME 211200 0102/12 IN 463.26 483.16 34O3 KMTZDALO DR. 211300 5/03133 PY 463.16 CAMP "ILL PA 215265 8/09/12 IN 534.36 534.38 $34.38 17411 219082 ; • /li /12 2% 427,74 427.71 992.09 222791 8/23/12 IN 399.22 398.27 1240.31 Custower 0 29229 216499 4 /30 /L2 IN 1172,24 672.14 20S2.SS Custow4r's TsrNs are PFC 241967 9127112 IN 431.22 433.23 7493.77 243390 10101/12 ON 13.64 13.94 2477.43 260424 11101/12 D1f 44.11 41.11 2!21.74 275401 12/01!12 ON 44.77 44.77 2546.51 291736 1/02/19 on 43.45 45.45 2911.96 306727 2/01!13 ON 44.33 48_13 26$0.09 320855 3/01113 DR 44.42 45.82 2704.01 33S990 4/01/11 ON 47.52 47.SZ 27S2.43 353025 5101/1? ON 48.23 48.23 2800.84 2/S 1 11 T E R t V 3 T P A:NOts I:InVReC11 P:3aCk LM O:D*Ck P8 L:Last P5 P:N4xt Ln IenterI:Nhct P8 *:out O:Oate• /*:Inv* N:MS11 $:CAC I TERMS OF SALE ON CREDITICREDIT AGREE GUARANTEE ` (PLEASE READ THIS SECTION BEFORE SIGNING) 1. The Undersigned hereby represents that he is duty audwrized to sign this Application /Credit Agreement on behalf of the above named Purchaser and the terms of this AppficationrCredlt Agreement will be binding upon such entity. 2. • The Undersigned attest the above statements art. true, and authorize the investigation of all Information listed in this Applicati ntCrecit Agreement. 3. The Purchaser agrees to notify C. A. Curtze Co. I Specialty Steak Service ( "Curtzel by certified rasa of any change in ownership of Purchaser. 4.* All mounts due Curtze are payable in accordance with the payment forms granted by Curtze's Credit Department. Any amount due Curtze not paid in accordance with such payment terms w1A be assessed a finance charge of one and one -half pereent(1.5%) per month. Purchaser shall pay for all attorneys fees, collection costs, and court costs incurred by Seller in the event the account Is turned over to an attorney or other agency for collection, suit is brought or the account is collected through any J"clat proceeding whatsoever. 5... Purchaser shall pay on each occurrence of checks returned unpaid by Purchaser's bank, a service charge of twenty -five dollars (S25.04). 6. in the event the Purchaser violates the b mrs of this Agreement the Undersigned authorizes any Prothonotary, or any attorney of any court of reoofd In this State or elsewhere, to confess judgment or judgments against the Undersigned and Purchaser and in favor of the holder hereof for the balance due, together with the costs of suit and reasonable attomey's fees, with or without declaration, release of errors and without stay of execution; and for value received does watve'the right and benefit of any present or future law of this or any other state exempting property, real or personal, from levy and.sale on execution; and, if levy be made on real estate, does also waive the right of inqulsiition and consents to the condemnation thereof with full liberty to sell the same on Writ of Execution, with release of en'ors thereon. 7. Credit terms are subject to change at Seller's discretion at any time. 8. As a condition of C.A. Curtze Co. ardtbla Specialty Steak Service extending credit to Purchaser, the Undersigned hereby personally guarantees payment In full to C. A Curtze Co. aldVa'Specialy Steak Service including delinquency charges, collection costs and attorneys fees, and waive any presentment, demand, protest, and any other notice from C. A. Curtze Co. a/d►bra Spectaity Steak Service regarding this guarantee of paymenk It is further agreed the use of titles with respect fo the individual signatures below shell have no legal significance and in no way construed to relieve ll-e undersigned from personal ob4gatme under this paragraph. 9. As consideration for Curtze extending credit to Purchaser, and in accordance with the Pennsylvania Uniform Written Obligations Act, the Undersigned and the Purchaser agree to be legally bound by the berms and conditton8 in this Application/Credit Agreement including, the personal guarantee provisions contained herein. The Undersigned hereby certfiids that an the informador, on this Credit Application is correct, and that IMe fully understand credit terms and conditions set forth above, and agree to the terms and conditions as consideration for credit extended by Curtze. Account t f Name. tit' C Signature: / Date: )' (Type or Print Name of "Purchaser) {INDMDUALLY) Print Nam: Signature: Date: • {INDNIDUAI.LY� Print Name: a EXHIBIT LU J Q N J J Q JCMP -1 A 1717 EA$t 12lx Sr ERIE PA 16511 - PCa. B X • 800.353.09 0 814A82.2281. • WWWAUKrZE.CO Mt 4A 2Q1'3 SENT Nna U.S. REGULAR MA L (CER71001E aF SERMr o CgMFIID MAIL RETURN EMEIPT REQULM No. • 70 To L1� .Z 7r 6.xd�i4 : LAW= ��aa� ���►�� c�� N�� �'�0 /011 Re: - L,MQF Ti31S Q0?F $ Curtm Account Name: ..�— Curb* Account No.: Curtre Prindpal Sum Due: $ SpeciaNy4teak Principal Sum Due:: � � I COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW C.A. CURTZE CO. d /b /a SPECIALTY STEAK SERVICE 2 No. , J _� Plaintiff vs EL SOL EXPRESS, INC. and JUAN GARCIA and FABIOLA JIMENEZ a /k/a FABIOLA GARCIA CIVIL ACTION .. Defendants rn r°n AFFIDAVIT OF NON - MILITARY SERVICE �^c� :• a Z_cv. C. COMMONWEALTH OF PENNSYLVANIA COUNTY OF NORTHAMPTON The undersigned, being duly sworn, according to law, deposes and says that he is unable to determine whether or not the above Defendants are /are not in the Military or Naval Service of the United States or its Allies, or otherwise within the provisions of The Servicemembers Civil Relief Act; That Juan Garcia is over 18 years of age, resides at 3401 Hartzdale Drive, Camp Hill PA 17011 and is employed; That Fabiola Jimenez a/k/a Fabiola Garcia is over 18 years of age, resides at 3401 Hartzdale Drive, Camp Hill PA 17011 and is employed. SWORN TO AND SUBSCRIBED BEFORE ME THIS -6 DAY OF J),L -r� 2013 NOTARY PUBLe COMMONWEALTH OF PENNSYLVANIA Notarial Seal Michelle C. Bright, :Notary Public City of Bethlehem, Northampton County My Commission Expires June 6, 2015 MEMSERf;PENNSMANIA A559EIATION 11 NOTARIES COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW C.A. CURTZE CO. d /b /a SPECIALTY STEAK SERVICE Plaintiff No. vs EL SOL EXPRESS, INC. and c l JUAN GARCIA and FABIOLA JIMENEZ a/k/a FABIOLA GARCIA : CIVIL ACTION C z : *T i Defendants fib- AFFIDAVIT COMMONWEALTH OF PENNSYLVANIA COUNTY OF NORTHAMPTON The undersigned hereby certifies that the attached Complaint for Confession of Judgment for Money Under Rule 2951(b) is not being entered against a natural person in connection with a r consumer credit transaction. This action does not arise out of a retail installment sale, contract or account. The transaction upon which the judgment is being entered was a business transaction. SWORN TO AND SUBSCRIBED BEFORE ME THIS bA DAY OF DA , X2013 A.D. C NOTARY PUB J ' COMMONWEALTH OF PENNSYLVANIA Notarial Seal public Michelle C. Bright, � amp on County City of Bethlehem, Tres 3une 6, 2015 M Commission Exp MEMBER,PENNSYtVAN1A ASSOCIATION OF NOTARIES COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW C.A. CURTZE CO. d /b /a SPECIALTY _ STEAK SERVICE Plaintiff No. ` vs : EL SOL EXPRESS, INC. and JUAN GARCIA and FABIOLA JIMENEZ - a /k/a FABIOLA GARCIA CIVIL ACTION Defendants CERTIFICATION OF ADDRESSES OF PARTIES 1, Michael R. Lessa, attorney for Plaintiff, hereby certify that the last known addresses for the Plaintiff and Defendants are as follows: C.A. CURTZE CO. 1717 E. 12t Street Erie PA 16511 EL SOL EXPRESS, INC. 1° 3401 Hartzdale Drive Camp Hill PA 17011 JUAN GARCIA 3401 Hartzdale Drive , ' C � Camp Hill PA 17011,. FABIOLA JIMENEZ a/k/a FABIOLA GARCIA 3401 Hartzdale Drive Camp Hill PA 17011 AMATO KEATING AND LESSA, P.C. By: Michael R. Lessa, Esq., Atty ID #88617 Attorney for Plaintiff 107 North Commerce Way Bethlehem, PA 18017 (610) 866 -0400 COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW C.A. CURTZE CO. d /b /a SPECIALTY STEAK SERVICE �- - 7 366 V No. Plaintiff vs EL SOL EXPRESS, INC. and JUAN GARCIA and FABIOLA JIMENEZ a /k/a FABIOLA GARCIA CIVIL ACTION Defendants NOTICE OF JUDGMENT To: EL SOL EXPRESS, INC. 3401 Hartzdale Drive Camp Hill PA 17011 Pursuant to Pa. R.C.P. No. 236, you are hereby notified that judgment by confession has been entered against you for $4,971.41 in the above captioned matter. A copy of all documents filed with the prothonotary in support of the within judgment are enclosed. Date: 1 a %X`13 PROTHONOTAR CU RL D CO Per: �- If you have any questions concerning the above, please contact the undersigned. AMATO KEATING AND LESSA, P.C. By: Michael R. Lessa, Esq., Atty,ID #88617 Attorney for Plaintiff 107 North Commerce Way Bethlehem, PA 18017 (610) 866 -0400 COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW C.A. CURTZE CO. d/b /a SPECIALTY STEAK SERVICE �V � . - � 3 No. ' Plaintiff vs EL SOL EXPRESS, INC. and JUAN GARCIA and FABIOLA JIMENEZ a/k/a FABIOLA GARCIA CIVIL ACTION Defendants NOTICE OF JUDGMENT To: JUAN GARCIA 3401 Hartzdale Drive Camp Hill PA 17011 Pursuant to Pa. R.C.P. No. 236, you are hereby notified that judgment by confession has been entered against you for $4,971.41 in the above captioned matter. A copy of all documents filed with the prothonotary in support of the within judgment are enclosed. Date: PROTHONOT )(-C B ND CO Per: If you have any questions concerning the above, please contact the undersigned. AMATO KEATING AND LESSA, P.C. B Michael R. Lessa, Esq., Atty ID #88617 Attorney for Plaintiff 107 North Commerce Way Bethlehem, PA 18017 (610) 866 -0400 COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW C.A. CURTZE CO. d/b /a SPECIALTY STEAK SERVICE pp Cl,v i No. Plaintiff vs EL SOL EXPRESS, INC. and JUAN GARCIA and FABIOLA JIMENEZ a /k/a FABIOLA GARCIA CIVIL ACTION Defendants NOTICE OF JUDGMENT To: FABIOLA JIMENEZ a/k/a FABIOLA GARCIA 3401 Hartzdale Drive Camp Hill PA 17011 Pursuant to Pa. R.C.P. No. 236, you are hereby notified that judgment by confession has been entered against you for $4,971.41 in the above captioned matter. A copy of all documents filed with the prothonotary in support of the within judgment are enclosed. Date: PROTHON RY L LINTY Per: ei ; If you have any questions concerning the above, please contact the undersigned. - AMATO KEATING AND LESSA, P.C. By: Midiael R. Lessa, Esq., Atty ID #88617 Attorney for Plaintiff 107 North Commerce Way Bethlehem, PA 18017 (610) 866 -0400 COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW C.A. CURTZE CO. d/b/a SPECIALTY STEAK SERVICE • Plaintiff : No. 13-7300 Civil c. C. t a vs. • EL SOL EXPRESS, INC. and n w '� JUAN GARCIA and FABIOLA JIMENEZ .-c a/k/a FABIOLA GARCIA : CIVIL ACTION '_..n- Defendant(s) • r--1 ? .-E CERTIFICATE OF SERVICE The undersigned certifies that a true and correct copy of Plaintiffs Notice Under Rule 2958.1 of Judgment and Execution Thereon was served via first class mail and certified mail, postage prepaid on January 6, 2014: El Sol Express, Inc. 3401 Hartzdale Drive Camp Hill PA 17011 Juan Garcia 3401 Hartzdale Drive Camp Hill PA 17011 Fabiola Jimenez a/k/a Fabiola Garcia 3401 Hartzdale Drive Camp Hill PA 17011 True and correct copies of correspondence from the United States Postal Service showing that the certified mail was delivered on January 6, 2014 is attached hereto. AMATO KEATING AND LESSA, P.C. By: Michael R. Lessa, Esq., Atty ID #88617 John R. Keating, Esq., Atty ID #52779 David A. Lovejoy, Esq., Atty ID #19829 Justin N. Davis, Esq., Atty ID #84464 Daniel A. Wechsler, Esq., Atty ID #203922 Paul F. Troisi, Esq., Atty ID #309511 Attorneys for Plaintiff 107 North Commerce Way Bethlehem, PA 18017 (610) 866-0400 A DEBT COLLECTION LAW FIRM sa, UNITED STATES _ POST/AL SERVICE. Date Produced: 01/13/2014 AMATO AND LESSA PC: The following is the delivery information for Certified MailTM item number 7179 1000 1649 2087 0640. Our records indicate that this item was delivered on 01/06/2014 at 02:36 p.m. in CAMP HILL, PA 17011. The scanned image of the recipient information is provided below. Signature of Recipient : 4'° ' Address of Recipient led 3 1 Thank you for selecting the Postal Service for your mailing needs. If you require additional assistance, please contact your local post office or Postal Service representative. Sincerely, United States Postal Service The customer reference number shown below is not validated or endorsed by the United States Postal Service. It is solely for customer use. Customer Reference Number: 2132582-,EI Sol Express, Inc., ja, UNITED STATES POSTAL SERVICE. Date Produced: 01/13/2014 AMATO AND LESSA PC: The following is the delivery information for Certified Mail TM item number 7179 1000 1649 2087 0596. Our records indicate that this item was delivered on 01/06/2014 at 02:36 p.m. in CAMP HILL, PA 17011 . The scanned image of the recipient information is provided below. Signature of Recipient : °re i . xd r Address of Recipient NY led L?LO\ Thank you for selecting the Postal Service for your mailing needs. If you require additional assistance, please contact your local post office or Postal Service representative. Sincerely, United States Postal Service The customer reference number shown below is not validated or endorsed by the United States Postal Service. It is solely for customer use. Customer Reference Number: 2132582-,Juan Garcia,3401 Hart - UNITED STATES . AO POSTAL SERVICE. Date Produced: 01/13/2014 AMATO AND LESSA PC: The following is the delivery information for Certified MailTM item number 7179 1000 1649 2087 0534. Our records indicate that this item was delivered on 01/06/2014 at 02:36 p.m. in CAMP HILL, PA 17011. The scanned image of the recipient information is provided below. enwinnrs y■PORIPIMPIII Signature of Recipient : " ) ii I ; V it Id I Address of Recipient : --- -- - - -- : 2 40‘ 4Acs-et-zakckcAt_ Thank you for selecting the Postal Service for your mailing needs. If you require additional assistance, please contact your local post office or Postal Service representative. Sincerely, United States Postal Service The customer reference number shown below is not validated or endorsed by the United States Postal Service. It is solely for customer use. Customer Reference Number: 2132582-Fabiola Jimenez,a/k/a IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW crArn rJ- ri CURTZE CO. d/b/a SPECIALTY STEAK SERVICE Plaintiff vs. : No. 13-7300 Civil PRAECIPE FOR WRIT EL SOL EXPRESS, INC. and JUAN GARCIA and FABIOLA JIMENEZ EXECUTION (MONEY JUDGMENT) Defendant(s) To the Prothonotary of Cumberland County: ISSUE A WRIT OF EXECUTION IN THE ABOVE MATTER. (1) Directed to the Sheriff of CUMBERLAND County, for debt, interest and costs upon the following described property of the defendant(s) All cash on hand or in the possession of the defendant(s), accounts receivables, furniture, furnishings, equipment, inventory, tools, vehicles, electronic equipment, any and all other personal property belonging to the above- named defendant(s). (2) against EL SOL EXPRESS, INC. and JUAN GARCIA and FABIOLA JIMENEZ, Defendant(s) (3) and against Garnishee(s) (4) and index this writ (a) against Defendant(s) and (b) against Garnishee(s) as a lis pendens against the real property of the defendant(s) in the name of the Garnishee(s) as follows:(Specifically describe the property) (5) Amount Due Statutory Interest From December 11, 2013 Less Payment Costs Poundage Total Date:Mav 19, 2014 ayvA akk\ Lits .00 e,aF a $ 4,971.41 $ 5,102.55 AMATO KEATING AND LESSA, P.C. By: 5)a 6. Attorney File#: 2132582 a -- Michael R. Lessa, Esq., Atty ID #88617 John R. Keating, Esq., Atty ID #52779 David A. Lovejoy, Esq., Atty ID #19829 Daniel A. Wechsler, Esq., Atty ID #203922 Paul F. Troisi, Esq., Atty ID #309511 Attorneys for Plaintiff 107 North Commerce Way Bethlehem, PA 18017 (610) 866-0400 A DEBT COLLECTION LAW FIRM �r�T i>e 370.evd THE COURT OF COMMON PLEAS CUMBERLAND COUNTY PA DAVID D. BUELL, PROTHONOTARY One Courthouse Square • Suite100 • Carlisle, PA • 17013 (717) 240-6195 www.ccpa.net C.A. CURTZE CO. d/b/a SPECIALTY STEAK SERVICE Vs. NO 13-7300 Civil Term CIVIL ACTION — LAW EL SOL EXPRESS, INC. and JUAN GARCIA and FABIOLA JIMENEZ WRIT OF EXECUTION (Pa R.C.P. 3252) TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the judgment, interest and costs against EL SOL EXPRESS, INC. and JUAN GARCIA and FABIOLA JIMENEZ, 3401 HARTZDALE DRIVE, CAMP HILL, PA 17011 Defendant (s) (1) you are directed to levy upon the property of the defendant (s) and to sell the defendant (s) interest therein; ALL CASH ON HAND OR IN THE POSSESSION OF THE DEFENDANT(S), ACCOUNTS RECEIVABLES, FURNITURE, FURNISHINGS, EQUIPMENT, INVENTORY, TOOLS, VEHICLES, ELECTRONIC EQUIPMENT, ANY AND ALL OTHER PERSONAL PROPERTY BELONGING TO THE ABOVE-NAMED DEFENDANT(S). (2) you are also directed to attach the property of the defendant (s) not levied upon in the possession of GARNISHEE(S), as garnishee, (Specifically describe property) and to notify the garnishee that (a) an attachment has been issued; (b) except as provided in paragraph (c), the garnishee is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (c) the attachment shall not include (i) the first $10,000 of each account of the defendant (s) with a bank or other financial institution containing any funds which are deposited electronically on a recurring basis and are identified as being funds that upon deposit are exempt from execution, levy or attachment under Pennsylvania or federal law. (ii) each account of the defendant (s) with a bank or other financial institution in which funds on deposit exceed $10,000.00 at any time if all funds are deposited electronically on a recurring basis and are identified as being funds that upon deposit are exempt from execution, levy or attachment under Pennsylvania or federal law. (iii) any funds in an account of the defendant (s) with a bank or other financial institution that total $300 or less. If multiple accounts are attached, a total of $300 in all accounts shall not be subject to levy and attachment as 1 determined by the executing officer. The funds shall be set aside pursuant to the defendant (s) general exemption provided in 42 Pa.C.S. § 8123. (3) if property of the defendant (s) not levied upon and subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify such other person that he or she has beenadded as a garnishee and is enjoined as above stated. Amount Due $4,971.41 Plaintiff Paid Interest FROM DECEMBER 11, 2013 - $131.14 Law Library $.50 Attorney's Comm. % Due Prothonotary $2.25 Attorney Paid $74.50 Other Costs Date: 5/29/14 David D. Buell, Prothonotary REQUESTING PARTY: Name : MICHAEL R. LESSA, ESQUIRE Address: AMATO KEATING AND LESSA, P.C. 107 NORTH COMMERCE WAY BETHLEHEM, PA 18017 Attorney for: PLAINTIFF Telephone: 610-866-0400 Supreme Court ID No. 88617 MAJOR EXEMPTIONS UNDER PENNSYLVANIA AND FEDERAL LAW 1. $300 statutory exemption 2. Bibles, school books, sewing machines, uniforms and equipment 3. Most wages and unemployment compensation 4. Social Security benefits 5. Certain retirement funds and accounts 6. Certain veteran and armed forces benefits 7. Certain insurance proceeds 8. Such other exemptions as may be provided by law 2 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny RAnderson �� � .�_ rx/'v r^� Sheriff \)RnTn (; /o^ l JmdyS Smith �� |�. �\ Chief Deputy 9�t� N� � '"' '~' �` j Richard VVStevva� �Ty Solicitor upF.�sOpTHE um«x.�p [U�4�,R\ /5r. ��U �0�`` ' ��^-�PJ��\� ^ E.,.,~ � - C.A. Curtze Cu. d/b/a Specialty Steak Service Case Number — 2013'7300 El Sol Express, Inc. (et al.) SHERIFF'S RETURN OF SERVICE U0%24/2O14 12:50 PM- Deputy Jason Kinslerbeing duly sworn according to law, served the requested Writ of Execution and Claim for Exemption Form to a person representing themselves to be Pedro Garcia, Manager, who accepted as "Adult Person in Charge"for the within named Defendant, to wit: El Sol Express, Inc. at 3401 Hartzdale Drive, Lower Allen Township, Camp Hill, PA 17011, and informed person of contents of same. No levy completed at this time; stated that they would contact attorney's office to make payment arrangements (which they did). 06/24/2014 12:50 PM - Deputy Jason Kinsler, being duly sworn according to law, served the requested Writ of Execution and Claim for Exemption Form to a person representing themselves to be Pedro Garcia, Manager, who accepted as "Adult Person in Charge"for the within named Defendant, to wit: Juan Garcia at 3401 Hartzdale Drive, Lower Allen Township, Camp Hill, PA 17011, and informed person of contents of same. 06/24/2014 12:50 PM - Jason Kinsler, Deputy , being duly sworn according to law, states that on June 24, 2014 at 12:50 PM hours, served the requested Writ of Execution and Claim for Exemption Form by"personally" handing a true and attested copy to a person representing themselves to be the Defendant, to wit: Fabiola Jimenez at 3401 Hartzdale Drive, Lower Allen Township, Camp Hill, PA 17011, and informed Defendant of contents of same. SO ANSWERS, d;;;: xr�' :. • . June 25, 2014 RONNK R ANDERSON, SHERIFF . ����Sheriff,Tei,:osoft,� �Y Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor SHERIFF'S OFFICE OF CUMBERLAND COUNTY OFFICE OF Lh.E 1II RIFF 2111i JUL -3 AM i0.. 32 CU PE[COUNTY PENNSYLVANIA, C.A. Curtze Co. d/b/a Specialty Steak Service vs. El Sol Express, Inc. (et al.) Case Number 2013-7300 SHERIFF'S RETURN OF SERVICE 06/24/2014 12:50 PM - Deputy Jason Kinsler, being duly sworn according to law, served the requested Writ of Execution and Claim for Exemption Form to a person representing themselves to be Pedro Garcia, Manager, who accepted as "Adult Person in Charge" for the within named Defendant, to wit: El Sol Express, Inc. at 3401 Hartzdale Drive, Lower Allen Township, Camp Hill, PA 17011, and informed person of contents of same. No levy completed at this time; stated that they would contact attorney's office to make payment arrangements (which they did). 06/24/2014 12:50 PM - Deputy Jason Kinsler, being duly sworn according to law, served the requested Writ of Execution and Claim for Exemption Form to a person representing themselves to be Pedro Garcia, Manager, who accepted as "Adult Person in Charge" for the within named Defendant, to wit: Juan Garcia at 3401 Hartzdale Drive, Lower Allen Township, Camp Hill, PA 17011, and informed person of contents of same. 06/24/2014 12:50 PM - Jason Kinsler, Deputy , being duly sworn according to law, states that on June 24, 2014 at 12:50 PM hours, served the requested Writ of Execution and Claim for Exemption Form by "personally" handing a true and attested copy to a person representing themselves to be the Defendant, to wit: Fabiola Jimenez at 3401 Hartzdale Drive, Lower Allen Township, Camp Hill, PA 17011, and informed Defendant of contents of same. 07/02/2014 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states this writ of execution is returned as STAYED per request of plaintiffs attorney. SHERIFF COST: $132.78 SO ANSWERS, July 02, 2014 RONNY R ANDERSON, SHERIFF (c) CountySuite Sheriff, Teleosoft. Inc.