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HomeMy WebLinkAbout14-4738 FILED-OFFICE( OF TUE PROTHONOTARY 2014 A,UG' I I PH 2: 58 CUMBERLAND COUNTY PENNSYLVANIA Jennifer B.Hipp,Esquire One West Main Street Shiremanstown,PA 17011 (717)737-8761 Attorney ID#86556 Assistant Solicitor,Cumberland County COMMONWEALTH OF IN THE COURT OF COMMON PLEAS OF PENNSYLVANIA, ex rel. COUNTY CUMBERLAND COUNTY, PENNSYLVANIA OF CUMBERLAND, Plaintiff �[ NO. 2014— 7elJg V. CIVIL ACTION—LAW JAMES P. FABIE., 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 James P. Fabie and confess judgment in favor of the Plaintiff and against the Defendant as follows: Principal Balance: $10,000.00 Total Due: $10,000.00 BY: C"'�klv Jennifer kipp,tsquire One W. Main Street Shiremanstown, PA 17011 ( (717) 737-8761 Date: '�d �� ' I Attorney for Defendant lo�G� d �a FLED-OF IRCr OF THE PROTHONOTARY 23, IliAUG 1 I PM 2: 53 CUMBERLAND COUNTY PENNSYLVANIA Jennifer B.Hipp,Esquire One West Main Street Shiremanstown,PA 17011 (717)737-8761 Attorney ID#86556 Assistant Solicitor,Cumberland County COMMONWEALTH OF IN THE COURT OF COMMON PLEAS OF PENNSYLVANIA, ex rel. COUNTY CUMBERLAND COUNTY, PENNSYLVANIA OF CUMBERLAND, Plaintiff NO. 2014— �/73Q V. : CIVIL ACTION—LAW JAMES P. FABIE., Defendant Confession of Judgment COMPLAINT Plaintiff Commonwealth of Pennsylvania, for the use of the County of Cumberland, by its attorney, Jennifer B Hipp, 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 James P. Fabie, an adult individual with a last known address of 17 N. Duke Street, Lancaster, Lancaster County, Pennsylvania 17602. 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"). 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 Elijah Bernand Edge, Jr. has failed to appear as required in the criminal matter docketed to Cumberland County CP-21-CR-2302-2013, 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 court Order dated February 18, 2014, 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$10,000 plus costs of this action. BY ��7 fifer . ipp, squire PA Iden 'fication#86556 Bogar & ipp Law Offices One W. Main Street Shiremanstown, PA 17011 (717) 737-8761 Assistant Solicitor, Cumberland County Date: �rl �� ��l•, -2- BAIL'B,C�ND OT". MDJ No. NIDJA9.M3 Data of Charges: CC No.: MDJ Docket No: Def Name/Address: Next Court ActioR LEAD OFFENSE AOIDITIONAL CHRGE$MAY EXIST PLEASE SEE ADDITIONAL CHARGES PAGE TYPE(S)OF RELEASE: ROR unsecured 138il Nonmonetary Condition(s)(see additional page(s)) [] Nominal Bail Monetafy Conditions)In the amount:of THE CONDITIONS OF THIS BAIT,BOND ARE AS FOLLOWS: 1 t.The defendant must appear at an times required until full and final disposition of the Case($), 2.The defendant must obey all further orders of the bail authority. 3, The defendant must provide a Current address and must give written notice.to the bail authority,the clerk of courts, the district attorney,and the court bail agency orother designated court ball officer,of any change of addfess within 48 hours of the date of the change. 4.The defendant must neither do,nor Cause to be done, nor permit to be done on hie or her behatf,any*d as proscribed by Section 4952 of the Crimes Coda (relating to intimidation of witnesses of victims)or by Section 4953(relating to retaliation against witnesses Dr victims), 18 Pa.C.S.§ 4952,49$3. 5.The defendant must refrain from Criminal activity. 6.The defendant must Comply with any fingerprint order,N any is issued by this court. I verify that the above conditions of hail have been imposed. 13 Date TYPES OF SECURITY: © Casb'Equlvalent Govt Bearer Bond Realty within Commonwealth 13 %Cash Surety Bond Realty outside Commonwealth TOTAL AMOUNT BAIL SET(IF ANY): (see sureties page) BAIL DEPOSITORS) Depositor Name �A J4 (E. . . Amount f *Qd0 This bond Is valid for the entire proceedings and until full and final disposition of the Case including all avenues of direct appeal to the Supreme Court of Pennsylvania. I AGREE THAT I WILL APPEAR AT ALL SUBSEQUENT PROCEEDINGS AS REQUIRED AND COMPLY WITH ALL THE CONDITtONS OF THE BAIL BOND. / r V -7 f THIS BOND SIGNED ON V (V CMZ at Mt >Holly Sprints Pennsylvania Signat of Defend lana Witn ^ Dere/ndant's Address 7r 1C�/" (surety) { 6(,2 �af 1,�/D re— � ve, , J (Surety) 5,kjr,rq,5pct - A TRJL 1 In Teslimony wntrerf. and the seal or oats Cvui!d[Ga,a51e,r;A. This 'oay 20J EXHIBIT - PAGES FOR ADDITIONAL INFORMATION. � fr A �f a MDJS414 CumberlanoCou,ay 1 Printed 0111f ;yF?ETr NF0kNlATiQN RAGE OTN MDJ No: Date of Charge(s): CC No: MDS Docket No;, Com nwealth vs. (Defendant a e and Address) NEXT COURT ACTION Date/Time/Location �- `7y wl3 '7-Z -13 IL n-Am E5 A&lz_: ,the undersigned surety,have posted security in the amount )f$ TYPES OF SECURITY Q Cashkquivaient O Gov't Bearer Bonds ❑ Realty wifn Commonwealth ❑ %Cash ZSurety Bond ❑ Realty Outside Commonwealth I have-read this infWnation,and I acknowledge that 1, my personal representatives,successors, heirs and assigns are jointly 6d v nd with the defendant.and any otter sureties to pay to the Commonwealth of Pennsylvania the sum of which is the 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, 4 the defendant appears at all times required by the court and satisfies all the other conditions set forth in the bail bond,then upon full and final disposition of the case,this bond shall be void. If the defendant fails to appear as required or to comply with the conditions of the bail bond,then this bond shall remain in full force, and the full sum of the monetary condition of release may be forfeited,the defendant's release -may be revoked, and a warrant for the defendant's arrest may be issued. WARRANT OF ATTORNEY: RECOGNIZING THAT I AM WAIVING CERTAIN IMPORTANT RiGHTS, INCLUDING THE RIGHT OF PREJUDGMENT NOTICE AND HEARING,in accordance with the law,i do hereby empower any attorney of any court of record within the Commonwealth of Pennsylvania or elsewhere to appear for me at any time, and with or without declarations filed, and whether or not the defendant be in default,to confess judgment against me, and in favor of the Commonwealth of Pennsylvania for use of the county, and its assigns, during any term or session of a court of record of the county for the full amount of the monetary condition of release set forth on the first page of this bail bond, and casts. I understand that any real estate which I have posted as security in this case may be levied upon to collect the amount confessed. I waive and release any right of inquisition on that real estate,voluntarily condemn it,and authorize the Prothonotary, upon a Writ of Execution,to enter my voluntary condemnation. I also agree that any real estate posted by me in 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 proceeding to confess judgment in this case, waive all rights of stay of execution,and waive all laws now in force or laws ,plassed in the future which exempt real or personal property from execution. , Since a copy of this bail bond and warrant of attomey is being filed in the defendant's case, it shall not be necessary to file IM original as a warrant of attomey,notwithstanding any law or rule of court.to the contrary. i, A-4 - FA S f verify that.the facts set forth in this form are true and correct to the best of my knowledge, information and belief. This statement is made subject to the penalties of Section 4904 of the Crimes Code(1 B Pa.C.S_ Section 4904) relating to unswom falsification to authorities. (17 M. D0kE Si Log tic. PA (-7<2aZ (ae13ormy,nivnev in e!1 ball alluafiorm,ewccpi ROgI (AddrMd Surely.Surely Company qr i slat wsnii A TRUE "J,"! I I�C!NI RCOF?Q in Testimony here unto set my hand and the seal or said Court at Gariisie,FA. This A� ay.,t iM =CA_,20-4y- 11, 3-4y— t5En11 ecarssll n�tnorrly► Cl�rii of t���ourt Cumu(jrland County `Refund of all ball (less any bail related fees or commissions allowed by law and reasonable costs, if any, of administering the cash bail program)will be made within 20 days after iull and final disposition. (Pa_R.Crim.P. 535) Bring Cash Bail Rede►pt to Clerk of Courts or Issuing Authority. AOPC 414A5.06 COMMONWEALTH IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CP-21-CR-2302-2013 CHARGE: (1) UNLAWFUL DELIVERY, V. MANUFACTURE, POSSESSION WITH INTENT TO DELIVER A SCHEDULE II CONTROLLED SUBSTANCE - COCAINE ELIJAH BERNAND EDGE, JR. OTN : L793707-5 AFFIANT : DET . TIMOTHY D. LIVELY IN RE: BENCH WARRANT (SENTENCE) ORDER OF COURT AND NOW, this 18th day of February, 2014, the Defendant having failed to appear for sentencing, a bench warrant is issued for his arrest . Bail is forfeited. By the Court, � ow Edward E. Guido, J. Jonathan R. Birbeck, Esquire Chief Deputy District Attorney ATRUE C3-"' FROM RCCORn Dirk E. Berry, Esquire InTest:monywhcreof,ihcreunto set rryhand Court—appointed Counsel and the sea[of paid Court at Cariible,NA. 1 James P. Fabie, Bondsman This •r+�-ayjf )5&arcA 20_L6� -- -t ? Probation Ck rl'of the C.n,rt Cul-nuerlana Cuw,.y Sheriff : lfh C,nniac riA�i��c �i cin _ FEB 2 0 2014 B EXHIBIT ,, GopieS r�aiied on �� � �;�; • Q 6 � L 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. Barbara B. Cross, Chairman II l,� Cumberland County Board of Commissioners Date: ` I ( I I I r!LED-OFFICE OF THE PROTHONOTARY 2014 AUG I i PN 2: 58 CUMBERLAND COUNTY PENNSYLVANIA Jennifer B. Hipp,Esquire One West Main Street Shiremanstown,PA 17011 (717)737-8761 Attorney ID#86556 Assistant Solicitor,Cumberland County COMMONWEALTH OF IN THE COURT OF COMMON PLEAS OF PENNSYLVANIA, ex rel. COUNTY CUMBERLAND COUNTY, PENNSYLVANIA OF CUMBERLAND, Plaintiff n NO. 2014— 473 5 C,L) L -1-re-/ey) V. : CIVIL ACTION—LAW JAMES P. FABIE., Defendant Confession of Judgment NOTICE UNDER RULE 2958.1 OF JUDGMENT AND EXECUTION THEREOF 2014 TO: JAMES P. FABIE, 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 (3 0) 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. 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. Jennife . Hi p, Esquire Bogar Hipp Law Offices One W. Main Street Shiremanstown, PA 17011 (717) 737-8761 Assistant Solicitor, Cumberland County -2- Jennifer B. Hipp,Esquire One West Main Street Shiremanstown, PA 17011. (717)737-8761 Attorney ID#86556 Assistant Solicitor,Cumberland County COMMONWEALTH OF IN THE COURT OF COMMON PLEAS OF PENNSYLVANIA, ex rel. COUNTY CUMBERLAND COUNTY, PENNSYLVANIA OF CUMBERLAND, Plaintiff NO. 2014— V. 014—v. CIVIL ACTION—LAW JAMES P. FABIE., 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 2014. PROTHONUVARY By: .� (Deputy) Prothonotary If you have any questions concerning the above, please contact: Jennifer B Hipp, Esquire Bogar& Hipp Law Offices One West Main Street Shiremanstown, PA 1701.1 (717) 737-8761 Assistant Solicitor, Cumberland County