The URL can be used to link to this page

Home My WebLink About05-1798 SMIGEl. ANDERSON & SACKS, llP River Chase Office Center 4431 North Front Street, 3rd Floor Harrisburg, PA 17110-1778 (717) 234-2401 Peter M. Good, Esquire oaood@sasllo.com Susan M. Zeamer, Esquire szeamenQ)sasllo,com Attorneys for Plaintiff COMMERCE BANK! HARRISBURG NA, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff, v. DOCKET NO. 0 <;; - Jf19j> C,u:LYfR.n7 BALANCE IT, LP CIVIL ACTION - LAW Defendant. CONFESSION OF JUDGMENT PURSUANT TO PA.R.CIV.P. 2951(b} Pursuant to the authority contained in the Confession of Judgment with Warrant of Attorney clauses in the Promissory Note cited in the Complaint, a true and correct copy of which is attached to the Complaint filed in this action, I appear for the Defendant and confess judgment in favor of the Plaintiff and against the Defendant as follows: Note Installments Remaining Late Fees Interest Attorneys' Fees (@10%) $ 74,890.09 $ 3,808.96 $ 1,689.86 $ 7,489.01 TOTAL: $ 87,877.92 PURSUANT TO THE FAIR DEBT COLLECTIONS PRACTICES ACT YOU ARE ADVISED THAT THIS LAW FIRM IS DEEMED TO BE A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. SMIGEL, ANDERSON & SACKS, L.L.P. Date: ily/~) '. C'v\ {\\. . Peter M. Goo 1.0. # 64316 Susan M. Ze er I.D. # 82023 4431 North Front Street Harrisburg, PA 17110-1260 (717) 234-2401 Attorneys for Defendant Pursuant to Warrant of Attorney Contained in Complaint Filed Hereinbefore 2 .\ SMIGEL, ANDERSON & SACKS, l.l.P. River Chase Office Center 4431 North Front Street, 3rd Floor Harrisburg. PA 17110-1778 (717) 234-2401 Peter M. Good, Esquire oaood@sasllo.com Susan M. Zeamer, Esquire szeamer(Q)sasllo.com Attorneys for Plaintiff COMMERCE BANK! HARRISBURG N.A., IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff, DOCKET NO. a-I"!'?? (!{oJ~k~ v. BALANCE IT, LP CIVIL ACTION - LAW Detendant. COMPLAINT FOR CONFESSION OF JUDGMENT FOR MONEY AND NOW COMES, Plaintiff Commerce Bank/Harrisburg NA, by and through its counsel Smigel, Anderson & Sacks, L.L.P" who file the within Complaint for Confession of Judgment for Money by averring as follows: 1. Plaintiff is Commerce Bank/Harrisburg NA ("Commerce"), a Pennsylvania Miscellaneous Corporation with a principal place of business located at 100 Senate Avenue, Camp Hill, Cumberland County, Pennsylvania. 2. Defendant is Balance IT, LP ( "Balance IT"), a Pennsylvania limited partnership which, undersigned counsel certifies, has a principal business address of 3617 Simpson Ferry Road, Camp Hill, Cumberland County, Pennsylvania. : I 3. Attached hereto and made a part of this Complaint as Exhibit "A" is a true and correct copy of the original Promissory Note for loan number 3093395 ("Note") entered into between Commerce and Balance IT, which contains a Confession of Judgment with Warrant of Attorney clause therein. 4. The instant Judgment is not being entered against a natural person by confession in connection with a consumer transaction. 5. The Note at issue herein has not been assigned. 6. No judgment has been entered upon the Note at issue herein in any jurisdiction. 7. Balance IT is in default under the Note, giving rise to this claim for relief and the right of Commerce to confess judgment against Balance IT, in that default occurred on November 26, 2004 by Balance IT failing to make the monthly installment payment as required under the terms of the Note. 8. As a result of the default alleged in Paragraph 7 herein, the amounts due Commerce from Balance IT are as follows: Note Installments Remaining Late Fees Interest Attorneys' Fees (@10%) $ 74,890.09 $ 3,808.96 $ 1,689.86 $ 7,489.01 $ 87,877.92 TOTAL: 9. The Confession of Judgment and Warrant of Attorney clauses appearing in Exhibit A are less than twenty (20) years old. 2 WHEREFORE, Plaintiff Commerce Bank/Harrisburg NA demands Judgment against Defendant Balance IT, LP in the amount of $87,877.92, plus interest at a per diem rate until the judgment is satisfied together with court costs and such other relief as this Honorable Court shall deem reasonable. SMIGEL, ANDERSON & SACKS, L.L.P. Date: 'f14.! 6') >, M. eter M. Goo Atty. 1.0. # 6 6 Susan M. Zeamer, Esquire Atty. 1.0. # 82023 4431 North Front Street Harrisburg, PA 17110-1260 (717) 234-2401 '. Attorneys for Plaintiff 3 OHH5 .1 11:09 FROM-m 7112343611 T-9S0 PODS/OlD F-816 VERIFICATION I, Angela Masser, verify that the statements contained in the foregoing Complaint for Confession of Judgmmt for Money are true and correct to the best of my knowledge, information and belief. I understand that false statements therein are made subject to the penalties of 18 Pa.C. S. ~4904, relating to unsworn falsification to authorities Date: 3;&0(05 II COMMERCE BANK! HARRISBURG N.A., IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff, v. DOCKET NO. Of; -/791 Cl~i ~'71 BALANCE IT, LP, Defendant. CIVIL ACTION - LAW NOTICE OF FILING CONFESSION OF JUDGMENT TO: Barbara S. Ford on behalf of BALANCE IT, LP, Defendant ( ) Notice is hereby given that a Judgment in the above-captioned matter has been entered against you in the amount of $87,877.92 on this s--'t.... day of fJD~\ I I ,2005. ( ) A copy of all documents filed with the Prothonotary in support of this matter are enclosed. (J,;rk l2. '4 Prothonotary .6y: ~~ tJ P 7f~///rt-~ If you have any questions regarding this Notice, please contact the filing pa rty: Susan M. Zeamer, Esq. Smigel, Anderson & Sacks, L.L.P. 4431 North Front Street Harrisburg, PA 17110 (717) 234-2401 NOTICEMAILED:4.lC:/S.-<::: PROTHONOTARY : II SMIGEL, ANDERSON & SACKS, LLP River Chase Office Center 4431 North Front Street, 3m Floor Harrisburg. PA 17110-1778 (717) 234-2401 Peter M. Good, Esquire ooooda:Vsaslfo.com Susan M. Zeamer, Esquire szeamer@sasllo.com Attorneys for Plaintiff COMMERCE BANK! HARRISBURG NA, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff, v. DOCKET NO. BALANCE IT, LP CIVIL ACTION - LAW Defendant. NOTICE UNDER PA.R.CIV.P. 2958.3 OF JUDGMENT AND EXECUTION THEREON Notice of Defendant's Rights TO: Barbara S. Ford on behalf of BALANCE IT, LP, Defendant A judgment in the amount of $87,877.92 has been entered against you and in favor of plaintiff without prior notice or hearing based upon a confession of judgment contained in a written agreement or other paper allegedly signed by you. The court has issued a writ of execution which directs the sheriff to take your money or other property owned by you to pay the judgment. If your money or property has been taken, you have the right to get the money or property back if you did not voluntarily, intelligently and knowingly give up your constitutional right to notice and hearing prior to the entry of judgment or if you have defenses or other valid objections to the judgment. You have a right to a prompt court hearing if you claim that you did not voluntarily, intelligently and knowingly give up your rights to notice and hearing prior to the entry of the judgment. If you wish to exercise this right, you must immediately fill out and sign the petition to strike the judgment which accompanies the writ of execution and deliver it to the Sheriff of Cumberland County at One Courthouse Square, Carlisle, PA 17013-3387. IT IS IMPORTANT THAT YOU ACT PROMPTLY. IT WILL BE TOOLATE TO REGAIN YOUR PROPERTY IF YOU WAIT UNTIL AFTER THE PROPERTY HAS BEEN SOLD BY THE SHERIFF OR TURNED OVER TO THE PLAINTIFF. 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 SERVICE TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. 2 CUMBERLAND COUTNY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT YOU ARE ADVISED THAT THIS LAW FIRM IS DEEMED TO BE A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. SMIGEL, ANDERSON & SACKS, L.L.P. Date: 'ff If I iJ '5' ~ OV),,~ /vi, P ter M. Good, Eire Atty. I.D. # 64316 Susan M. Zeamer, Esquire Atty. I.D. # 82023 4431 North Front Street Harrisburg, PA 17110-1260 (717) 234-2401 Attorneys for Plaintiff PLEASE READ THE ATTACHED PA.R.CIV.P. 2959 SETTING FORTH THE PROCEDURES TO BE FOLLOWED TO STRIKE OR OPEN THE JUDGMENT. 3 PURDON'S PENNSYLVANIA STATUTES AND CONSOLlDA TED STATUTES ANNOTATED PURDON'S PENNSYL VANIA CONSOLIDATED STATUTES ANNOTATED PENNSYLV ANIA RULES 0.' CIVIL PROCEI>URE CONFESSION OF JUDGMENT FOR MONEY Rule 2959. Strikine Off or Ouenine Judement: Pleadines: Procedure (a)(1) Relief from a judgment by confession shall be sought by petitIOn. Except as provided in subparagraph (2), all groWlds for relief whether to strike off the judgment or to open it must be asserted in a single petition. The petition may be filed in the county in which the judgment was originally entered, in any county to which the judgment has been transferred or in any other county in which the sheriff has received a writ of execution directed to the sheriff to enforce the judgment. (2) The ground that the waiver of the due process rights of notice and hearing was not voluntary, intelligent and knowing shall be raised only (i) in support of a further request for a stay of execution where the court has not stayed execution despite the timely filing of a petition for relief from the judgment and the presentation of prima facie evidence of a defense; and (ii) as provided by Rule 2958.3 or Rule 2973.3. (3) If written notice is served upon the petitioner pursuant to Rule 2956.l(c)(2) or Rule 2973.1(c), the petition shall be filed within thirty days after such service. Unless the defendant can demonstrate that there were compelling reasons for the delay, a petition not timely filed shall be denied. (b) If the petition states prima facie groWlds for relief the court shall issue a rule to show cause and may grant a stay of proceedings. After being served with a copy of the petition the plaintiff shall file an answer on or before the return day of the rule. The return day of the rule shall be fixed by the court by local rule or special order. (c) A party waives all defenses and objections which are not included in the petition or answer. (d) The petition and the rule to show cause and the answer shall be served as provided in Rule 440. (e) The court shall dispose of the rule on petItIOn and answer, and on any testimony, depositions, admissions and other evidence. The court for cause sho'Ml may stay proceedings on the petition insofar as it seeks to open the judgment pending disposition of the application to strike off the judgment. If evidence is produced which in a jury trial would require the issues to be submitted to the jury the court shall open the judgment. (f) The lien of the judgment or ofany levy or attachment shall be preserved while the proceedings to strike off or open the judgment are pending. SMIGEL. ANDERSON & SACKS, L.L.P. River Chase Office Center 4431 North Front Street, 3m Floor Harrisburg. PA 17110-1778 (717) 234-2401 Peter M. Good, Esquire ooood@sasllo.com Susan M. Zeamer, Esquire szeamer@sasllo.com Attorneys for Plaintjff COMMERCE BANK! HARRISBURG NA, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff, v. DOCKET NO. BALANCE IT, LP CIVIL ACTION - LAW Defendant. PETITION TO STRIKE JUDGMENT REQUEST FOR PROMPT HEARING I hereby certify that I did not voluntarily, intelligently and knowingly give up my right to nolice and hearing prior to the entry of judgment. I petition the court to strike the judgment on this ground and request a prompt hearing on this issue. I verify that the statements made in this Request for Hearing 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. Notice of the hearing should be given to me at 3617 Simpson Ferry Road, Camp Hill, Cumberland County, Pennsylvania. Date: By: 2 C 7V ~ w --- 0 r-> 1l "'" ~ ~ It. .,.() ~ C;.:J v' ~,~dl ;p. ~::!.l U( L;,.'L!.; -a r -- --- "'--- ~,. ::0 fl1f_- ~ --- C> :7' I -0 \Il ~;' :O~) ~ () Ul "c r .....-, } j l)'- f;J- -0 ...:": "'" ~t~~ - ~}.~i :7"': 0- ~ ~5rn ~ ~ ..~.( :g J;:" ?E ~ 1'-' .< ~ 11 II I I I I SMIGEL, ANDERSON & SACKS, LLP River Chase Office Center 4431 North Front Street, 3t(1 Floor Harrisburg, PA 17110 Peter M. Good, Esquire Dooodl'Wsasllo.com Richard C. Gaffney, Esquire raaffney@sasllo.com Susan M. Zeamer, Esquire szeamer(a)sasllo.com COMMERCE BANKI HARRISBURG NA, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff, v. DOCKET NO. OS--/798 BALANCE IT, LP CIVIL ACTION - LAW Defendant. AFFIDAVIT OF SERVICE Richard C. Gaffney, being duly sworn according to law, deposes and says that he is the attorney for Plaintiff in the above-captioned action; that on April 13, 2005, he served a true and correct copy of the Pa.R.Civ.P. 236 Notice, to the Defendant, by via hand delivery on the President of the sole general partner of the Defendant, that Defendant did personally receive said Pa.R.Civ.P. 236 Notice; and that the facts set forth in the within Affidavit are true and correct to the best of his information and belief '-12&~ Richard C. Gafflle Attorney for Plaintiff Sworn to and subscribed before me this !5't~ day of /1f'" I 2005. /") /' , "-" ( " I""'" J c;) /.{ ~'- > {_! JdliR_t.~ -/!(\,).;\C,>:',l\I\'EJ\l TH OF PEr'JNSYLVANIA ; Notarial Seal 1 Sara J. Andrej, Notary Public City Of Harrisburg, Dauphin County ! My Commission Expires J3r:. 8, 2008 L _, f'/iember. PennS'ii'J;<~'iii:~,.",y~i"t!nn (JI r>)otaries C~ (,) ,.,) ,","; . II ii " " " " " " :i " " " " " I: " I: " " II " " " Ii " " " Ii II " Ii II " " " II " II II II II II " Ii " Ii " " " " " II Ii I, II II II " " II Ii " " " " " I' I II I, II " II II " Ii " " " " " " " " " " " " " " " " " " il " Ii Ii " Ii II " " I' SMIGEL. ANDERSON & SACKS, llP River Chase Office Center 4431 North Front Street, 3rd Floor Harrisburg. PA 17110-1778 (717) 234-2401 Peter M. Good, Esquire PQood@sas!lo.com Susan M. Zeamer, Esquire szeamer@sasllD,com Attorneys for Plaintiff COMMERCE BANK! HARRISBURG N.A., IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff, v. DOCKET NO. 05-1798 Civil Term BALANCE IT, LP CIVIL ACTION - LAW Defendant. PRAECIPE TO REINSTATE COMPLAINT TO THE PROTHONOTARY: In accordance with Pa. R. Civ. P. 401(b)(1), please reinstate the attached Complaint originally filed on April 5, 2005 in the above-referenced matter upon Defendants Balance IT, LP, as service was not accomplished within 30 days of the filing date. SMIGEL, ANDERSON & SACKS, L.L.P. Date: May 19, 2005 Attorneys for Plaintiff (~/).! '=~/ ,.) c.") \<i -^ SHERIFF'S RETURN - NOT FOUND NO: 2005-01798 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND COMMERCE BANK HARRISBURG N A VS BALANCE IT LP R. Thomas Kline ,Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT BALANCE IT LP but was unable to locate Them in his bailiwick. He therefore returns the CONFESSION OF JUDGMENT , NOT FOUND , as to the within named DEFENDANT , BALANCE IT LP 3617 SIMPSON FERRY RD CAMP HILL, PA 17011 PER POST OFFICE, DEFENDANT IS NOT KNOWN AT GIVEN ADDRESS. Sheriff's Costs: Docketing Service Not Found Surcharge Postage 18.00 11.10 5.00 10.00 .37 44.47 So answer~~ ,> ^"""-.:::-----;:-> ,- ---- ," :~;:.n,.., =~-:" ( R. Thomas Kline Sheriff of Cumberland County SMIGEL ANDERSON SACKS 04/12/2005 Sworn and subscribed to before me this 2<':: day of C~ c2lJ1;{ A.D. ) p~ok;;;;;ta~ . ~ }}uPP'''J" ' SMIGEL, ANDERSON & SACKS, LLP River Chase Office Center 4431 North Front Street. 3'" Floor Harrisburg. PA 17110-1778 (717) 234-2401 Peter M. Good, Esquire oaoodlB>sasllo.com Susan M. Zeamer, Esquire szeamerdilsasllo,com Attorneys for Plaintiff COMMERCE BANK! HARRISBURG NA, IN THE COUR:T OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff, v. DOCKET NO. 05-1798 Civil Term BALANCE IT, LP CIVIL ACTION - LAW Defendant. PRAECIPE TO REINSTATE COMPLAINT TO THE PROTHONOTARY: In accordance with Pa. R. Civ. P. 401(b)(1), please reinstate the 8tt88R81l~ Complaint originally filed on April 5, 2005 in the above-referenced matter upon Defendants Balance IT, LP, as service was not accomplished within 30 days of the filing date. SMIGEL, AN[IERSON & SACKS, L.L.P. Date: July 12, 2005 (~" "" V\. , ../"1' er M. Good Su an M. :Zea , I.D. #82023 4 31 North Front Street Harrisburg, PA 17110-1709 (717) 234..2401 Attorneys for Plaintiff () ~.:: ~ ...., = = c.n <- c: r- o -" ::2 I'll:!} ,"- ?3 p:j ~~~6 ::::~~ ~~C5 Om '-1 55 .< w ".. :3: 9? c." 00 COMMERCE BANK /HARRISBURG, N.A: Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL VNIA v. BALANCE IT, LP Defendant Docket No,. 05-1798 Civil Term CIVIL ACTION - LAW NOTICE OF STAY NOTICE IS HEREBY GIVEN that Barbara S. Ford, limited partner of Balance IT, LP, the above named Defendant, has filed a Petition under Chapter 13 of the United States Bankruptcy Code to Case No. 1-04-06493 and as a result thereof, the above captioned action, to the extent it is directed towards, or is likely to effect the bankmptcy estate of, Barbara S. Ford, is stayed until further Order of the United States Bankruptcy Court. Barbara S. Ford has no objection to the above case moving forward against general partner of Balance IT, LP only. The undersigned executes this Notice for purposes of giving notice only and the providing of this Notice is not intended to enter an appearance in the within case. Respectfully submitted: K & V AN ECK, P.C. W<J~ cJ- Date: ~ -IQ-05 By: Henry W. nEck, Esquire Attorney I. . No. 83087 7810 Allentown Blvd. P. O. Box 6662 Harrisburg, PA 17H2 (717) 540-5406 COMMERCE BANK IHARRISBURG, N.A: Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL VNIA v. BALANCE IT, LP Defendant Docket No. 05-1798 Civil Term CIVIL ACTION - LAW CERTIFICATE OF SERVICE I, Henry VanEck, Esquire, hereby certify that on this date, a true and correct copy of the foregoing NOTICE OF STAY was served by first-class mail, postage prepaid, on the following: Peter M. Good, Esquire Susan M. Zeamer, Esquire Smigel, Anderson & Sacks, L.L.P. 4431 North Front Street Harrisburg, PA 17110-1709 Date: t5~ N-DS By: Henry Van Eck, Esquire _U:SHC PAM - LIVE - V2.6 - NoticeOfFiling Page 1 of2 United States Bankruptcy Court Middle District of Pennsylvania Barbara S Ford 98 Byron Nelson Circle Etters, PA 17319 SSN: xxx-xx-3649 Notice of Bankruptcy Case Filing A bankruptcy case concerning the debtor(s) listed below was filed under Chapter 13 of the United States Bankruptcy Code, entered on 10/29/2004 at 11 :58 AM and filed on 10/29/2004 at 9:15AM. John J Ford, III 98 Byron Nelson Circle Etters, PA 17319 SSN: xxx-xx-0818 The case was filed by the debtor's attorney: The bankruptcy tmstee is: Henry W Van Eck Van Eck and Van Eck PC 7810 Allentown Boulevard, Suite B PO Box 6662 Harrisburg, PA 17112 717 540-5406 Charles J. DeHart, III (Trustee) POBox 410 Hummelstown, P A 17036 717 566-6097 The case was assigned case number 04-6493 to Judge Mary D France. The filing of a bankruptcy case automatically stays certain actions against the debtor and the debtor's property. If you attempt to collect a debt or take other action in violation of the Bankruptcy Code, you may be penalized. If you would like to view the bankruptcy petition and other documents filed by the debtor, they are available at our Internet home page http://www.pamb.uscourts.gov/ or at the Clerk's Office, U.S. Bankruptcy Court, Ronald Reagan Federal Building, PO Box 908, Harrisburg, PA 17108. You may be a creditor of the debtor. If so, you will receive an additional notice from the court setting forth important deadlines. Arlene Byers Clerk, U.S. Bankruptcy Court I! PACER Service Center !I https://ecf.pamb.uscourts.gov/cgi-binINoticeOfFiling.pl?141 151 8/15/2005 o G ....> <g ~ ~ E'; "" v:> j' , \; ~ ,,".,.- ~'" o ,., -< :L:fj (11 l~" -\101 'i;:~!\S~l (\~~.52f; ':::A "20 ..-( t:;) r:- ...- -