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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. ' . W IN err tirr ani of I ani am Prc in tl prOI pas tom 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 .....""'........-"-- co sh sh mi 8: \ 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\ -",. <,..- " ' {SEAL} " '. '.. ~ . ; c' 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 . I il,. '," .ii--\;- 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 ~ ~~ - " V\ ,..... 't t? -c;, ~, A .D 'v, c' n c,: >, -I.J ',~. ' ~~: '"""2. (::::::) ~ ~ ...' - s:" 'l~;( - c. ..~.:. ':..( p ":}: q, ...... -;{,'J! j.< Cr1 '"'Q\CJ :J;': 1.) {:::::'~'f, '--t.-.) r~?(") -,,-,-(Tl , ) "::4 '-t~ :~ \D " ..., o 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" I ~S A,D, ~ f2 ~~ rothonotary ,~