HomeMy WebLinkAbout05-3057
COMMONWEALTH for the use of
COUNTY OF CUMBERLAND,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
V.
05- -~6!(1 TERM, 2005
WILLIAM M. HUBLER
Defendant
CIVIL ACTION - LAW
CONFESSION OF JUDGMENT
CONFESSION OF JUDGMENT
Pursuant to the authority contained in the warrant of attorney, a 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 Defendant for the full amount of bail set and for costs as provided by
law as follows:
$20,000.00 as set forth in Complaint, plus costs.
Judgment Entered as Above.
~~
Edward . Schorpp, sqm
Cumberland County Solicitor
COMMONWEALTH for the use of
COUNTY OF CUMBERLAND
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
V.
TERM, 2005
WILLIAM M. HUBLER
Defendant
CIVIL ACTION - LAW
CONFESSION OF JUDGMENT
COMPLAINT
Plaintiff files this Complaint pursuant to Pennsylvania Rules of Civil Procedure, P A
R.C.P. 2951(b) for judgment by confession and avers the following:
1. Plaintiff is the Commonwealth of Pennsylvania for the use of the County of
Cumberland.
2. Defendant is William M. Hubler, an adult individual, with his principal office at
50 East High Street (Rear), Carlisle, P A 17013.
3. Attached hereto and marked Exhibit A is a true and correct copy of the original
instrument duly executed by Defendant (herein, Instrument).
4. The Instrument is not being entered by confession against Defendant in
connection with a consumer credit transaction.
5. The Instrument has not been assigned.
6. Judgment has not been entered on the Instrument in any jurisdiction.
7. Contrary to the terms and provisions of the written instrument, on May 10, 2004,
Silassie Bryan failed to appear as ordered before District Magisterial Judge Paula P. Correal,
Magisterial District No. 09-2-01, 1 Courthouse Square, Carlisle, P A to answer and defend the
charges of Resisting Arrest/Other Law Enforcement and Disorderly Conduct in the case
docketed No. CR-0000295-04, and Defendant, his surety, failed to produce the body ofSilassie
Bryan at that proceeding, all of which constitutes a default under the written instrument, whereby
Plaintiff exercises its option to declare the entire balance of the within instrument immediately
due and payable.
8. Bail was forfeited on March 9, 2005, by Notice of Bail Forfeiture attached hereto
and marked Exhibit B.
t
9. As a consequence of the foregoing, Defendant is liable to Plaintiff for the full
amount of bail set and for costs as provided by law.
Full Amount of Bail Set
Total
$20,000.00
$20,000.00
WHEREFORE, Plaintiff demands judgment in the sum of $20,000.00 plus costs as
authorized by the warrant appearing in the Instrument.
~~~
Edward L. Schorpp, Esquire
Cumberland County Solicitor
Date: '-~V:/J0! g-- r:?5-
../'f I
VERIFICATION
I, Bruce Barclay, Commissioner, of County of Cumberland, the Plaintiff named in the
foregoing Complaint, as such I am authorized to make this verification on Plaintiff s behalf and
have knowledge of the facts set forth in the foregoing and that said facts are true and correct to
the best of my knowledge, information and belief. I understand that false statements made
herein are subject to the penalties of 18 Pa. C. S. Section 4904 relating to unsworn falsification to
authorities.
_____ ?J
Bruce Barclay
i J " l' If
t~:om (a;;nll~and SUb::~~dl;e)fO~~ ~1e I) AN I \;-biL1Ll/L'/V-A../-f.,
L.l.L. J A1.JL'7 I. (Clerk~fCOurrOrlssuingAuthG'!1IY) :~~"'_
I ,IMY commission expires first Monday of.f' .-
. Refu d f II ' ' aFuary,
, n 0 a bail (less any bail related fees or commrssi . .. .~. :
admlnlstenng the cash bail program) will be mad 'th' ons allowed by law and reasonable costs, if a~Y,:Q;f
. 8 C e WI rn 20 days after full and f I d' . . - .
nng ash Ball ReceIpt to Clerk of Crt. Ina ISPOSltlon. (Pa.R.CriflJ:'P..535)
au s or ISSUing Authonty. ' .
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AOPC 414A5-01
SURETY INFORMATION PAGE
OTN L 193377-2
CCNo: OJ No: 09-2-01 Oate of Chargers):
C OJ Docket No' CR-0000295-04 5/08/04
O;R~~~al~IU~~~~dant Name and Address) . NEXT COURT ACTION Date/ Time/ Location
46 S BEDFORD ST APT # 2 8/11/04 1:30PM
CARLISLE, PA 17013 .
1 COURTHOUSE SQUARE
CARLISLE, PA 17013-0000
I, HUBLER, WILLIAM M
of $ 20 , the under .
,000.00
signed surety, have posted security in the amount
TYPES OF SECURITY
o Cash/Equivalent
o _%Cash
.
o Gov't Bearer Bonds
o Surety Bond
o Realty w/in Commonwealth
o Realty Outside Commonwealth
.
" J have" read this information and I a k
f:nt1y anJ:!~e'!.e!qtlv bound with 'h~ rlA'M...C_~.Owl~dge that I, my personal reorp.~p.nt"';"OO
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POWER OF ATTORNEY
POWER NO.
S2S-875497
SAFETY NATIONAL CASUALTY CORPORATION
2043 Woodland Parkway, Suite 200
51. LQuis, MO 63146-4235
(314) 995,5300
KNOW ALL MEN BY THESE PRESENTS that the Safety National Casualty Corporation, an insurance company duly organized and existlng. under the laws of the State
of Missouri and by the authorfty of the resolution adopted by the Board of Directors by unanimous written consent on January 29, 1999, which said Resolution has not been
amended or rescinded, does constitute and apPoint and by thesepre,s!:'!nts dOE::s ma,ke,c;(lf1stitute and appoint the named agent its true and lawful A~orney~if'l.Fact for it
and in its name, place and stead, to execute, seal <inddeliver for.and 00 its beh~lf an~aSIts ael: and deed, as surety, a bail bond only. Authority of suqbArtorney~in~F'cict
is limited to appearance bonds and cannot be .construed to guaranteedefenq,al1rsf~turela'oVfUI conduct, adherence to travel limitation, fines, restitutj9,f1, Pi3ymentS()f
penalties, or any other condition imposed by a CQurtnqt specifiCCllly rela,ted to CDurt:a,ppe<irarce.
This Power of Attorney is for use with Bail BOQ<1S only. N.otv~IJd it u~jilCQllnjCtjon with Federal or Immigration Bonds. this power vofd If:'~~ or
erased, void if used with other powers at this company or In combination with powers from any other surety company, void it used to furnlsn ball In
excess of the stated face C,lmQunt of this power, and can only be used once.
The obligllti(jn of thl! C(jl1)pany shall not exceed the sum of Twenty five.t.hp.!,ls~l'lQ~.J:IJl ars
and provided this P9wl!l'~f~Attprney is flied mth the bond and retained as a part of the court}t)cqrtis. Tht! s,.dd A,tt()fflej'~lJ~~F<!c:~!s h,t!~Y authortzed to
Insert In this Power-of,.Attornev tile name of the person on whose behalf this bond was glv.:m~ '
IN WITNESS WHEREOF, THE SAFETY NATIONAL CASUALTY CORPORATION has caused these presents to be Signed by Its duly authorized offIcer, proper for the
purpose and Its corporale seal to be hereunto affIxed thiS La of ~ <lAJ -z..oo'f .
DAY Mc5NTHt' YEAR
Bond Amount $ ~ J 0\)0 ,v'
Oefendant S'i\tt~~ic: 1\Sf~()r..... .#
::::~es ~ot~ ~~e~!\lh~(M(elt~ CAlpmtc
~143-377-4- ~
Case No, . ~n;,:--
Cily_Lf).{lu . State~
::::~~;::::::'~'/r1~
NAME
\
POWER AMOUNT $ s <<5,000.00
tv;~'
BY
Jeffrey W 0t19;'~E;!,cretary
VOID IF NOT ISSUED BY;
03/31/05
FOR STATE USE qNLY
NOT VALID IF USED IN FEDERAL COURT
FIR _ ?~A IrIRIQQ\
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PRINTED:
5/10/04 10:51:35 AM
EXHIBIT "A"
,
BAIL BOND
OTN L 193377-2 DJNo: 09-2-01
CCNo: DJDocket No:CR-0000295-04
Commonwealth vs. (Defendant Name and Address)
BRYAN, SILASSIE
46 S BEDFORD ST APT.# 2
CARLISLE, PA 17013
.
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Date of Chargers):
5/08/04
NEXT COURT ACTION Datel Timel Location
8/11/04 1:30PM
1 COURTHOUSE SQUARE
CARLISLE, PA 17013-0000
CHARGE(S): S 18 115104 RESISTING ARREST OTHER LAW ENFORCEMENT
S 18 115503 llllA4 DISORDERLY CONDUCT
ADDITIONAL CHARGES MAY EXIST. PLEASE SEE ADDITIONAL CHARGES PAGE.
TYPE(S) OF RELEASE:
o ROR
o Nominal Bail
o Unsecured Ball 0 Nonmonetary Condition(s) (see additional pagels))
~ Monetary Condition(s) in the amount of $ 20 ,000.00 STRAIGHT
THE CONDITIONS OF THIS BAIL BOND ARE AS FOllOWS:
1, The defendant must appear at all times required until full and final disposition of the case.
2. The defendant must obey all further orders of the bail authori1y.
3. The defendant must give written notice to the bail authority, the clerk of courts, the district attorney, and the court bail agency or other designated court bail
officer, of any change of address within 4B hours 01 the date of the change.
4. The defendant must neither do, nor cause to be done, nor permit to be done on his/her behalf, any act as proscribed by Section 4952 of the Crimes Code
(relating to intimidation of witnesses or victims) or by Section 4953 (relating to retaliation against witnesses or victims), 18 Pa.C.S. 9S 4952,4953.
5. The defendant must refrain from criminal activity.
TYPES OF SECURITY:
o CashlEquivalent o Gov't Bearer Bonds
o _% Cash 0 Surety Bond
TOTAL AMOUNT BAIL SET (IF ANY): $
o Realty wlin Commonwealth
o Realty outside Commonwealth
20 ,000.00 (see sureties page)
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.
AGREE THAT I Will APPEAR AT All SUBSEQUENT PROCEEDINGS AS REQUIRED AND COMPLY WITH All THE CONDITIONS OF THE BAil BOND.
HIS BOND SIGN'Q~e
,~~
Si
~~ \Sigoa"" ,'O,le,d.m)
day Of.blcut-, aw~
_{SEAL}
JUDGE OR ISSUING AUTHORITY
CORREAL, PAULA P
DATE
5/10/04
\.1y commission expires first Monday of January, 2006
PL;::ASE SEE ATTACHED PAGES FOR ADDITIONAllNFORMATIQN
ope 414A1'99
PRINTED: 5/10/04 10:51:35 AM
CdMMONWEALTH OF PENNSYLVANIA
COUNTY OF: CUMBERL1IliD
NOTICE OF BAIL FORFEiTURE
Mag_ DisC No
09-2-01
COMMONWEALTH OF
MDJ Name: Hon
PAULA P. CORREAL
Add"" 1 COUll.TROUSE SQUAllE
CARLISLE, PA
PENNSYLVANIA
T",ph", (717) 240-6564
17013-0000
vs.
DEFENDANT: NAME and ADDRESS
fBRYAN, SILASSIE
35 SUHRYSIDE AVE
BROOKLYB, BY 11207
L
Docket No.: CR-0000295-04
Date Filed: 5/08/04
L 193377-2
I
.J
~.'...'.'-
~
PAULA P. CORREAL
1 COUll.TBOUSE SQUAllE
CARLISLE, PA 17013-0000
Char e s :
18 55104 RESISTING ARREST OTHER LAW ENFORCEMENT
18 55503 SSA4 DISORDERLY CONDUCT
Date of Notice:
n A monetary condition of bail has been set and posted in the above captioned case in the amount of
~$ 20.000.00.
O The defendant has,been released on unsecured bond in the amount of $ and may be liable
for the full amount of $ .
o A monetary condition of bail has been set at $ / %. $ has been posted.
The sureties listed below have posted security, as indicated, for the above named defendant, to satisfy the monetary
conditions of bail.
AMOUNT POSTED $ 20,000 00 SECURITY TYPE - - - - -
SURETY: .. -~-
SURETY ADDRESS --~--~_. -"T'" '''' ,..,n,..
AMOUNT POSTED $ SECURITY TYPE - - - - -
SURETY:
SURETY ADDRESS
AMOUNT POSTED $ SECURITY TYPE -
- - - -
SURETY:
SURETY ADDRESS
All sureties are hereby notified that because the defendant failed to
nRlP nTn vn-r A.J)'Pllll'R wnv P'R'RT.TMTV:a.VV 'R'R!avT1Ia
the monetary condition of bail in the amount of $
20.000.00 may be forieited.
Twenty (20) days from the date of servic~_of this notice the fori
PLEASE CONTACT THIS OFFICE IMMEDIA TEL VI
EXECUTION ON THIS FORFEITURE MAY ISSUE TWENTY DAYS FROM THE
DATE OF THIS NOTICE. AT THAT TIME, ALL BAIL MONEY DEPOSITED
WITH THE DISTRICT COURT WILL BE FORWARDED TO THE CLERK OF
COURTS OF THIS COUNTY FOR PROCESSING AND DISBURSEMENT.
AOPC 414A3-05
PRINTED: 3/09/05 1:49:01 PM
EXHIBIT "R"
.
COMMONWEALTH ex. reI.
COUNTY OF CUMBERLAND,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
V.
TERM, 2005
WILLIAM M. HUBLER
Defendant
CIVIL ACTION ~ LAW
CONFESSION OF JUDGMENT
TO: Defendant:
You are hereby notified that on the
day of
, 2005, Judgment by
Confession was entered against you in the sum of $20,000.00 in the above-captioned case.
Date:
Curtis R. Long, Prothonotary
You should take this paper to your lawyer at once. If you do not have a lawyer or cannot
afford one, go to or telephone the office set forth below to find out where you can get legal help.
Cumberland County Bar Association
32 South Bedford Street
Carlisle, P A 17013
Telephone (717) 249-3166
I hereby certify that the address of the Defendant is 50 East High Street (Rear), Carlisle,
PA 17013.
.2/~
A. Walter, Paralegal
umberland County Solicitor's Office
One Courthouse Square
Carlisle, PA 17013
(717) 240-6158
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SHERIFF'S RETURN - NOT FOUND
CASE NO: 2005-03057 P
COMMONTWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
CUMBERLAND COUNTY OF
VS
HUBLER WILLIAM M
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
HUBLER WILLIAM M
but was
unable to locate Him in his bailiwick. He therefore returns the
CONFESSION OF JUDGMENT
COMPLAINT
, NOT FOUND , as to
the within named DEFENDANT
, HUBLER WILLIAM M
50 EAST HIGH ST (REAR)
CARLISLE, PA 17013
PER OCCUPANT IN OTHER PART OF BUILDING, DEFENDANT DOES NOT
WORK OUT OF THIS OFFICE, HE JUST STOPS IN TO GET MAIL,
Sheriff's Costs:
Docketing
Service
Not Found
Surcharge
18.00
7.40
5,00
10.00
,00
40,40
So~'" .~
.- .// .. .~,
- R. Tomas Kline
Sheriff of Cumberland County
00/00/0000
Sworn and subscribed to before me
this 2/ A.I- day of ( 14"
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rothonotary ,~