HomeMy WebLinkAbout05-3853
nrrm C\;\1B!",LA~D COIlNTY COURT
CIVIL DIVISIO'I
DA>1CO\J BKO:1E,
Pldintiff
v.
DEPART'IE:'ff OF CJR',ECTIONS.
Defendant
Case No.{1t)-3~-53 C,.(iL
MOTION TO EXCLUDE DEFENDANTS FROM PRESENTING ARGUMENT
CHALLENGING PLAINTIFFS ISSUES
1. IDENTITY OF MOVING PARTY
i'laintiff, hereby moves this court for the relief clesignCited in
part n.
STATEMENT OF RELIEF SOUGHT
Orcler excluding the defendants
argument challenging plaintiffs issues,
\..rithollt an {~vi(hmti~lry hearing pursuant to
from presenting any oral or \4ritten
and relief granted on the merits
?A Rules of Civ. Procedure 3031.
FACTS RELEVANT TO THE MarION
On Harch 21, 2005, the plaintiff caused to be served on all
defendants a CO'lDITIO.'1AL ACCSPTA'lSE FJR V,\LUE/PROOf OF CLAI'I Document '10.
D3-031505-NOC.\ (See Exhibit A) in the nature of request for discovery. They
failed to respond in the given seven days.
On r\prE 19, 2005, the plaintiff caused to be served on the
Defenclant an Affidavit of 'lotice of Jefault and a Notice of Faul t And
Opportunity to Cure Document :'10. DB-040205-NOfAC (See Exhibit C). The Defendant
failecl to respond in the required three days to cure the default.
\ Defen,iants failure to ,Hspute the plaintiffs fCictu81 allegntions
will result in those allegations being taken as true. "In order to define
disputed questions of fact. the Defendant .TIust meet the plaintiffs evidence
with i.t',s Glom cornpete'1t evictence. In ~e ~ice 118 r.~n.2d 376, 336, ?,28 P.2d.
103G cert denierl 506 US 959, 113 S.ct 421 (1992). Failtlre to ~o so, in a case
which the plaintiff has supported facts s0fficient to state 8 clai~ for relief.
should result in that relief being granted hy the appellate courts without
the need for an evidentiary hearin';.
Petitioner contends th8t the rules established in AQUARBN fORD
V. :<TV':! INC. 1 <'In.app ,He,. 523 P.2d. 969 (1974); continues in force. According
to HOBART CORP. V. 'lORT'j CE:'IT. CREDIT S!~RVICE 'J Hn.app 302,628 P.2d.342
(1931). Division one. interpreted the rule to mean that; absent a Defendant
brief. appellate courts review is li~ited to exanination of ~laintiffs hrief
to deterinine if it's allegations presented a prima facia showing of error.
A D II I R I S '1' RAT I V B J U D G II E N T Ex ~ L ~ 1"\ Y
No. DB-03180S-00c
I, Daniel King of the Warren falllily, declare that I am learned in the Law
and have knowledge of the principles and t&. ~lres required for exhaustion
of idninistrative remedies and I am ~t to make an aci1rl.nistrative
determination.
I, Daniel King of the Warren family, acting in the capacity of an
Administrative Reviewer, have determined fI'lD the a<hinistrative record that
the correct "",0..--8 has ~ caI1pleted.
'1be adlI1inistrative record shows that the PEmSYLVANIA DEPAR'lMENl' CR
~(lIJS has adnitted each of the above described fact(s) and Law(s) as
the official Declaration of the PIHlSYLV)UlIA DEPARTMI!Nr CP o...u-:nCHl of
the ~TH CP PmNSYINl\NIA by TACIT PIlCCURATICN.
As an operation of Law, administratively adalitt:ed facts ... mt subject to
X'eCXIIl8ideratioo in any actioo in Law, a........roe, or otherwise.
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Prepared and sublitted by:
Secured Party /Cte:U.tor
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IN THE CUMBERLAND COUNTY COURT OF PENNSYLVANIA
DAMEON BROME,
Plaintiff
v.
Case No. 05 '3K5.3 c./ VI I
DEPARTMENT OF CORRECTIONS. et a1.
Respondents
MOTION TO PROCEED IN FORMA PAUPERIS
Pursuant to Pennsylvania R.Civ.P 240(b) the plaintiff hereby states:
1. I am the plaintiff in the above matter and because of my financial
condition, am unable to pay the fees and cost of prosecution for the action
or proceeding.
2. I am unable to obtain funds from anyone, including my family and/or
associates to pay the cost of litigation.
3. I represent that the information below relating to my ability to pay
the fees and cost is true and correct.
4. The plaintiffs full name is DAMEON BROME, who resides at SCI GREENE
AS2316. 175 Progress Drive, Waynesburg, PA 15370.
5. The plaintiff is not in possession of his Social Security Number.
6. The plaintiff is not presently employed, nor has he received any income
in the last 10 months.
7. The plaintiff receives no interest from any investments, dividends,
pensions, annunities or Social Security Benefits.
8. The plaintiff does not receive any support payments, disability,
unemployment compensation, support benefit, workmans compensation, public
assistance.
9. The plaintiff does not receive a salary. does not work, receive any
contributions from children. parents or other sources.
10. The plaintiff does not own any savings. checking accounts.
certificates of deposit. real estate, stocks, bonds. or other forms of
commodities.
11. The plaintiff does not receive any debts. obligations, rent loans
or any other forms relating to such.
12. The plaintiff does not have children. wife. or any other individuals
who are dependent on him for financial support.
13. The plaintiff is presently under a financial debt imposed by the
respondents in the amount of $19.544.00.
14. The respondents have assessed his account and remove 50% of any income
the plaintiff receives.
15. I understand that I have a continuing obligation to inform the court
of improvements in my financial circumstances which would permit me to pay
the cost incurred herein.
16. I verify that the statements made in this Affidavit are true and
correct. I understand that false statements herein are made subject to the
penalties of Title .18 Pa. C.S.A. 4904 relating to unsworn falsification to
authorities.
~//'
,
reditor
DAMRON BROME
PROOF OF SERVICE
I. Dameon Brome, hereby state that on this day I have deposited copies
of the attached Motion to Proceed Informa Pauperis in the U.S. Mail system
and forwarded copies of said motion to the parties listed below, pursuant
to Pa R.C.P. 121. 122.
SERVICE VIA FIRST CLASS MAIL:
Department of Corrections
2520 Lisburn Rd.
P.O.Box 598
Camp Hill Pa. 17001
/u__,
./
~~..
.- D ON BROM
AS-2316 / /
175 Pro~ess Drive
Waynesburg, PA
15370-8090
Dated:
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I'l T"lE CU\HlERLHD COU~TY con'IT
CIVIL DIVISIO~
DA:mo~ BRO'1E.
['eti tioner
v.
DF.PART:1S'H OF CORRECTIO~S. et ;,1
Defenrhnts
C~C;- /IV f!J -3 g53 C ~ ~' J
AFFIDAVIT OF WAGES
The petitioner, herehy proceedil13 Pro Set presQnts to this court
this Affidavit of !,';ages, to proceed '.ith the attached ,"etion. fhe petitioner
"rese<lts the following:
1. I am unable to obtain f"nrls from anyone, inclurling '''y Lvni ly
and/or associates to pay the cost of litigation.
2. I represent that the information contail1ed herein is true ;jnrl
correct.
3. The petitioner is not in possession of his SS~.
4 fhe peti tioner is [lOt presently employed, nor has he received
any incone in the last IOnonth.
5. The petitioner is indigent.
6. The petitioner receives no interest frorn ;lny inv2.c;t;f;l~nts,
rlivifends, peJlsions, annuities of 3S~ benefits.
7. The peti til)ner ~!ocs not receive a 'salary, r!oes :10t ':/or1(, receive
IOY contri~)ution.s from c'lildren, parents, ,lis.'1bility, urr0'nploJ'nel1t, ',.,lor 1,:. TIa flS
co:niJ8Jl,Satio;l, public assistanc~.
'3. rhe petitioner does not o<,r~ Jny s:lvi;1'jS, c~cc\:i:1~ .'-lCC1iJnt3,
certificJtes of ie~o~it, real est~te, stoc~s, l]on~s, or Qt~er forns ,)f
CO,jlillOd i ties.
I). rhe petition(~r i.s Url!L~r ;In n'::;ses::;::n(~nt 1.:1 t~lt~ l110llnt of -~l\),_l/~IJ..O,)
where the defen'!ants are deducting ';0% of hi';1Cco\lnt an'! 'lilY [unr!s r'~ceived
thereof.
10. fhe petitioner is unahle to pay the cost associClteo 'Il.th this
action and herehy "resents the attache'! B'gTl' .\CCOIr'ns ST\lE\\r.:~T in .support
of his inoigent claims.
11. Presently. the petitioner has less than S';.OO in his account.
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(0
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[ l~rehy verify tbat the ;-.t"tments "ude in this Mfi~"3vit of '.,';)ges are tnJe and
correct. I unrlerstand that hlse staterents herein are moe subject to the eJef1alties of l'i.tle
18 Pa. C.S.A. !.CXY. rebting to LIr1S\O:)rn fab'ification to 311tOOrities.
PAGB ~
A-A-~008
INMATB ACCOUNTS SYSTEM
MONTHLY ACCOUNT STATIlMBNT
INMATB
NUMBBR
AS2316
NAME
LAST
BROMB
MI
FIRST
DAME ON
BATCH DATB
II MO DY YEAR
TRANSACTION DESCRIPTION
TRANSACTION BALANCB AFTBR
AMOUNT TRANSACTION
8124 05-04-2005 86 GRN COMMISSARY CR
32 FOR 5/04/2005 .47
9125 05-05-2005 ~O INMATB EMPLOYMENT
GRN PAYROLL 2005 - 04 GRP ~ ~5.~2
9125 05-05-2005 60 VCF DBDUCTION *
306/297/303-87 05/05/05 -1. 51
8129 05-09-2005 32 GRN COMMISSARY
FOR 5/09/2005 -8.23
3379 05-23-2005 40 FJ:NES/DAMAGBS
MAY FINES -6.05
3U4 05-26-2005 38 INSIDB PURCHASBS
LIBRARY COPIBS -1.00
NEW BALANCB AS OF THIS STATEMENT ------------------->
05-26-2005
73 GRN
OLD BALANCB
2.~8
2.65
~7.77
~6.26
8.03
~.98
.98
.98
PIUF CF srRVICE
t, 'brean 0rare, rereby sti.lte tn'lt on this ,t'lY [ ,",we ,jeposited copies of tre
attac.h=d ,\ffidavit in tre !is 'rol System 3nd fon.arded copies of 91i'\ mtion to tre i),'rrties 1 iste1
below, pursmnt to Fa. R.C.P. 121, L7?
SffiVICE VIA FIR5l' ClA'iS 'lAU..:
Uepartrrent of Correctim
2520 Lisburn Rd.
P.O.Box "fl3
Ca:rrp :Jill, FA 17ml
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:reo" 3r .
1.S--2316
175 ?rogre.<<s Dr.
~~ayneshurg t ?A
cip 1537()-JU)')
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['l mE ClJ'~BERLA'iD COllYTY COUU
C[V[L D[V[STO'l
DA:~EO'i IlROc1E.
Petitioner
v.
Case 'lo.05-JGJ3 CJV\ L
DEPARr~E'if OP CORRECTIO'lS,
Defendants
PETITION FOR JUDGMENT UPON DEFAULT OR ADMISSION AND ENFORCEMENT OF JUDGMENT
JURISDICTION:
1. Jurisdiction is imposed upon this court pursuant to the PA Rules of
Court.Civ.Proc :<ule 3031.
OVERVIEW:
2. As a r"sult of the defer.dants "cquiescence to the facts contained in
the Affidavit of fruth, the petitioner l,ereby re<juest that this court gcmt
.llldgment as a result of the defendants willful default ,md ad'llission to the
Edcts contained therein.
PARTIES INVOLVED:
3. [he peticioner, DA:-IEO'I BRO"fE. E~IS LEGIS/nnST hereby proceeding Pro
Se. resides at SeT Greene, AS-2317, 175 Progress Drive, ',raynesbuf>). PA
15370-3090.
4. The ,Jefendants, The DF.PART'IE'IT OF CORRECTIO'f3, reside at 2520 tisbllffl
Road. r.O.Box 593, C3~p ~ill ?A, 17001.
BRIEF HISTORY:
s. rhis is a Ilispute het~een private parties.
6. The petitioner, J.t\fF:O''; 3~G'1Et r::'{S LEGIS/T~\J-:;T i~3 1 ':)ecurej P3rty
crerlitor. fhe p0titianer has filed a lJCC 1 Fin3ncing State~ent 3~ainst
dt~f(:n:t:l,.nts.
7. [Cle petitioner, D\\IEO~ B:l0.\m, .'':'is u,r;rS/nIJSr 'l"S presentecJ to the
defendants a Conditional Acceptance For Value/Proof of Claim requesting proof
that petitioner is party to any agreement holding him liable for $19.5/,4.00
for medical fees incurred by a third party employed by defendants.
8. fhe petitioner sought Proof of Clai~ from the defendants demonstrating
that the petitioner was indeed indebted to them in the amount of $19,544.00.
<). The defendants have dishonored and ,iefaulted petitioners Conditional
Acceptance For Value/Proof of Claim.
10. As a result of the defendants default/dishonor, the defendants have
willfully admitted that the facts presenter:! by the petitioner are true and
factual.
11. This action followe't,
FA.crS:
12. On 'larch 21, 2005 petition provided defendants ',;it':! a Conditional
Acceptance For Value/Proof of Claim Document no. DB031305-'mCA U:xhibit A)
via certified ';]ail no. 7001,-1350-0000-6438-'3810. (Exhibit 8)
13. The petitioner, demanded that the defendants provide Proof of Clai::>
,lernonstrating that the petition"r owed the ,Ie Eendants " sum ofSl g, 5',4.00.
14. fhe defendants were given 7 days to responrl.
15. The defendants ,Ushonored petitioners Conditional Acceptance "or
Value/Proof of Claim.
16. Petitioner enlisted the assistance of a ~otary at Ciruly' 10tary Service
824 'lain :,t., Bethlehem. P,\ 18013 to act as a third party.
17.. , SeCOl1dilry dpportunity '.vas provided to respondents to cure t~ei.r
dishonor through ~otice of Fault And Opportunity to Cure (Ex~ibit C) on \pril
19.
2005.
Document
no..
03-040205- 'lOF\C,
":',rtif ied
'hi 1
"'io.
7004-2390-'J002-7lV.-1599. (Exhibit 0)
13.. The r.efenliants ',~'(':>;(C instructed to rc~spond dic,.:~ctlj :),h'::'{ to t:rlf~ \lot;lCY
Puhlic via certified ~ail.
19. Defendants again dishorlOred and iefaulted against petitioners ~otice
of rault And Opportunity To Cure.
20. The ~otary Public issuei a Certificate of 'ion ':esponse on April 19.
2005. (Exhibit E).
21. fhe defendant has not disclosed documentation or evidence that the
affiant is party to any agreement to be responsible for any (Iebt claimed by
defendants.
22. The defendants failed to provide any proof that the petitioner is
indeed responsible or liable to pay any debt.
23.\s a result of the defendants default and dishonor, the petitioner
is held harmless and is imdemnified from and 'lgainst any and all claims,
levies, legal actions, orders, f tnes, liens, pena It ies, da:nages, interest
and expenses both issued and associated with the defendants iaDt.
24. The defendants have defaulted and conceded that the facts contained
within the petitioners Affidavit of Truth Document no. AOT-052005-D6. (Exhibit
F).
25. An information search of the UCC 1 Database reveals that the defendants
are not a Secured Party in this 'natter.
26. On June 1, 2005, the petitioner nailed a ~otice to Comply to the
defendants and provided a grace period of 30 days. (Exhibit G).
2? fhe ,lefenci'lnts failed to rf~spond.
23. \gain the defendants iishonored petitioners notice.
TACIT AGREEMENT WITH PETITIONER:
29. Defendant bas dishonore.i petitioners Conditional \cceptance Par
1,lllle!f'roof of eL,i," by not provi'ling Proof of Claim 'IS to the points dnd
any ':;eneral liability' ;.111'1 tht'~refort~ :Vl,S L'lile,l to '-;t;]t::~ a ,:Lli';j 'J;Jon -,hich
relief can be granted and has agreed and stipulated to the following facts:
A. The defendant agrees '.ith the facts within petitioners .\ffidavit of
Truth Document no. AONA-05l705-DB.
B. Defendant must i..mediately cease their assessment of petitioners
account.
C. Defendant must return all assessed funds obtained from petitioner.
D. Defendant has waive all defenses, responses. arguments, counter
arguments. actions and waive all rights associated with this procedure.
E. Defendant must immediately pay damages in the amount of $195,440.00
to petitioner.
F. Agreement to the filing of a UCC 1 Financing Statement.
BRIEF ARGUMENT:
3:). No rore than Affidavit are n-.:""'~ry to make a priJra facia case. US v. '(is 658 F.2d.
526, 536 (7th cir). ','hen there is no conflict of facts or mterial lX>ints contained in the
\ffidavit of Truth, credibility lies with tr.e affiant. 5'S7 F.ld 12ffi (9th Cll 1977). 'The defendants
have conce:Jed to the facts contaired within the Affidavit of 'le&1tive .\vement GccUl1Eflt IXl.
.VJNA-D5170500. (Exhibit I).
31. That DfPARDlEm' OF CXRRff::I'ICNS as an artificial created entity created under tre bIoS
of the State of Pennsylvania, doing business in the State of Pcnnsylvrulia by and through its
officers. boord of directors, employees, and agents are not 1:nmd to support ,\rticle I,X as a
:,1:ate created entity in that no state shall.."m.'<e a thing lx.tt gold and silver coin.1S le;'.ftl tenor
in pa)'lrellts of debts and that any such thing as gold and silver coin exist as legal tenor in
f6)'1re1lts of debts.
32. Ire State of Pennsylwmia, as party to tl"e Govemrent of tre United States is SlJbjected
to Senate resolution HJR-192, wl'cre they opemte under the U.S. %nkruptcy conEirne1 on June 5,
1933 (Senate report 110. 93-549) C'.<Xlified at IJSCA 95 (a)) Also '{nown as tre 'lat. r.;",rgency
(Exa:utive ?roclamtion No. "f)72..)
33.\5 a result of tre Article 1. see X ('10 state shall...:1Bke cmything but ;old.md ,;ilver
a tenor in iUyirent of ,iebts) that RN dedocted frem the petitiooers '1CCOUl\t can not be Cillb'i,iered
tenor under lX>licy. '.Jhere giving of a note dres not constitute f6yrrent. F.clnrt v. Cmmissioners
rIA 42 f. 201 158.
34. Defendants failed and re6i<al to return said i.Q<;tmrent '.n.thia three lays pllrsmnt to
'1Y";3ard v. C'.altlnental Qesources Inc. ',f) ax: 2d 351. ',;herein debt is discharged by Slid re6.l.5.~1
to ceturn JIld tfx=refore accepted for Yah~. A 'Ion resfC'f192' or failure to ~)rovi(!e :)rcx)f of C'I.dL'Tlt
constitutes an 'Jgreerent by t."e defen,bnts that the undersi'SfL>d c<'<:lJrerl P.lrty ,:em exercise thecmraly provided by congress via ILJR [02. that is to ,liscbar:;e aU ,lebt(s) and jui:<lJ'rents '\olLlr
Ear dollar' '.;ith a draft, ture draft, or Gill of Excmnge under necessi.ty due to P2l1I1Sy1vania's
particiPJ-tion in tre 'JS :~nlwlptc'f a'v'1; 'htiOMl !::'iEn:sPnCY :1.'3 refer8n(,J.:~d herein.
'IiHEREFORE:
15. '~here no :neeting of the ninds occurr{~ri ..'Ind ,} full .ii'''3c.lc)-5ure of :]ny
contract binding petitioner to liability for a debt, the debt clai'lled by
defendants must be determined as fictional, lacking and contractual agreement
and an act of fraud by the defendants.
36. !\s a result of the defendants default an'\ dishonor to petitioners
instrument Condi tional Acceptance For Va lae/Proof of Claim. the defendants
has voluntarily entered into agreement with the petitioners claims maintained
within tne Affidavit of Truth Document No. AONA-OS170S-Dll. (F:xhibit n.
37. Therefore. the petitioner is entitled to a Judgment upon Default
or Admission pursuant to Rule of Court. Ci l/. Proc 3031. as defendants have
acquiesced to both and petitioner request that the prothonotary enter judgment
against defendants for the following relief and assess damages as indicated
below:
A. The defendant agrees with the facts within petitioners Affidavit of
truth Document no. AONA-OS170S-DB. B. Defendant must immediately cease
their asseSSffient of petitioners account. C. Defendant must return all
assessed funds obtained from petitioner. D. Defendant has wail/ed all
defenses. responses. arguffients, counter arguments. actions and waive
aU rights associated with this ;>rocedure. E. Defendant must immediately
pay damages in the amount of $195.440.00 to petitioner F. Agreement to
filing a UCC 1 Financing Stateffient. G. That there is no contract binding
the petitioner to liability for any debt imposed. or claimed by the
defendants and that said debt is a fictional fraud created by the
defendants.
cD
mean Br . e, Secured
Part Crell tor, Authorized
Representative Attorney
In fact in behalf of
DA"1EON BRO"1E(t') F:NS LEGIS.
mxF CF SERVIrn
I, !hreon 3rore. 'lereby stdte that on thb (hy I 'uve ,'e['csite<! copies of t'",
CltWG"eJ Petition for JU,j';fL'I1t UIX)lI Default ,1nd ccnforcment of J"d:~r('f\t in the ::G 'hil Syst"",
aad for.arded copies of sai,irotion to the ;ucties listed helCM, pursumt to Pa. ".C.P. 121, 122
SERVIrn VIA FIRSl' ~ MAIL:
Deprrtrent of Corrcctioo
25a:J Lisl:xlI1l '\d.
p.O.Box ~
Ca'1lp 'lill. Pt\ 17COl
ibte:~
Certified Mail Receipt No. i004-1350-0000-643S-3810
EXHIBIT A
Dameon Brome
A5-2316
liS Progress Dr.
l.jaynesburg, PA
Zip 15370-8090
CONDITIONAL ACCEPTANCE FOR VAlliE
Docllment no. DB-031805-'1OCA
To:Department of Corrections
2520 Lisburn Rd.
P.O.B. 598
Camp lIill. Fa 17001-0598
To the Department of Corrections:
In an effort to settle this matter as a result of your rejection and dishonor
of my Affidavit of :1aterial Facts (Document no. AO'IF-030305) in the <Bost
efficient manner possible, I accept for value your claim of debt which was
i'llposed by the Department of Corrections (hereinafter Creditor(s)) provided
that the Credi tor(s) and or it's representing agent (i. e you) :neet the
following conditions set Eorth within this 'lot ice of Conditional Agreement
within 7 (seven) days.
The Debtor Conditionally Accepts For Value the Creditors demand if the creditor
provides answers and documents to the following questions;
1. Is the creditor a corporation?
2. Is the creditor a registered corporation of the State of Pennsylvania
or a Foreign Corporation?
3. If the answer to the above question no. 2 is Foreign, '~hat state is
the Creditor(s) corporation incorporated in?
4. ~hen were the Creditor(s) incorporated?
5. What is the primary ~usiness purpose of the Creditor(s) corporation?
6. Is the Creditor(s) corporation registered as a debt collection agency?
7. Are the creditors in possession of a signed agree,uent p1ed"ling 50
percent oE all gebtor' s finances and or :nonetary property with your
corporation?
8. IE the answer to the above question no. 3 is yes, then the gebtor agrees
to this Conditional .\cceptance For Value provided the creditors provide
certified copies detailing all parties, number. o.ame and filing date of this
signed agreemeo.t.
9. Do the debcors possess a chronicled history of deductions made?
10. Has a Uniformed Commercial Code Fio.ancing Staterneo.t (hereinafter UCC
l) been filed certi Eying that there is a contract promising p'ijment for d(if
debts/fines/restitution to the Creditor(s)?
ll. If the ao.swer to the above question no. 10 is no, then explain why
a UCC 1 Financing Statement has not been filed?
Page 2 of 5. ConditLonal Acceptance For Value.
Certified Mail Reciept ~o. 7004-1350-0000-6433-8810
12. Is the debt the Creditor(s) claim the Debtor owes " lien or claim
under commercial law. that can only be satisfied through: <\. A. Rebuttal
Affidavit of Truth, supported by evidence, point by point, B. Payment, C.
Agreement, D. Resolution by a Jury according to the rules of COllllaon law.
13. The Debtor agrees to the Conditional Acceptance For Value if the
creditors provide certified copies detailing the exact cause and or nature
of the debt the Creditor(s) claim the Debtor owes them Eor?
14. Is the debt the Creditor(s) claim the Debtor owes to them categorized
as a fine, court imposed, garnishment, restitution, or some other form of
debt supported via what statue and policy?
15. Is the debt the Creditor(s) claim the Debtor owes based upon medical
fees for a third unnamed party?
lb. If the answer to the above question no. 15 is yes, then the Debtor
agrees to the Conditional Acceptance For Value if the creditors provide
certified copies of the name(s) of this all parties involved.
17. The Debtor agrees to the Conditional Acceptance For Value provided
that the creditors can provide certified copies of documents detailing the
name of the fund and or account that was used to originally pay for this debt,
indicate the deductions (debits) associated with the debt and it's stipulated
guidelines of operation and or usage.
18. Did the Debtor at any time receive any credit from the Creditor(s)?
19. If the answer to the above question no. 18 is yes, t'1en how much credit
was forwarded to the Debtor by the Creditor(s)?
20. If the answer to the above question no. 18 is yes. then on what .late
did the Creditor(s) provide the Debtor with any credit or bond?
21. If the answer to the above question no. 18 is no, then provide
certLUe.l documel1ts detailing how the Debtor is responsible for a credit that
was never extended to him.
22. If the answer to the above question no. 18 is yes, then what was the
reaSon for the Creditor(s) extending credit to the Debtor? Please explain?
23. If the answer to the above question no. 18 is yes. is there a
certified, signed agreement stipulating causes, reason, and terms of this
contract?
24. If the answer to the above question no. 23 is yes, provide certified
copies identifying the name, number, and contents of this contract.
25. Did the Creditor(s) provide the Debtor with any foren of promissary
note for the araount of debt and or fine in question?
26. If the answer to the above question no. 25 is yes, please provided
certified coples of the date, time, title and contents via certified copies
of the prommissory note for the alllount in question.
27. Does the Debtor owe any debt to the Creditor(s) in any form?
23. fhe Debtor agrees to this Conditional Acceptance For Value provided
the creditors provide certified copies of all accounts held by the creditor
which are the property or attributed to the Debtor detailing the dates they
were opened, amount contained therein, account numbers, financial institution
maLntained therein, and guidelines covering their operation and dispositiol1.
29. Are the Creditor(s) the true credLtor '.ho suffered a loss?
30. If the answer to the above question 110. 29 is no, then who is the
true Creditor(s) in the matter where the present claiming Creditor(s) claim
that the Debtor has incurred a debt to them?
31. I f the answer to the above question no. 29 is no, 'ire the true
Page 3 of 5. Conditional Acceptance For Value
Certified Mail Receipt ~o. 7004-1350-0000-6433-3810
Creditor(s) aware that the present claiming Creditor(s) are collecting on
their alleged debt?
32. If the answer to the above question no. 29 is no, has the present
Creditor(s) informed the true Creditor(s) that they are collecting on their
debt?
33. If the answer to the above question no. 29 is no, have the present
claiming Creditor(s) made any reimbursement to the true Creditor(s)?
34. If the answer to the above question no. 33 is yes provide certified
copies detailing on what dates. times, years. and amounts the present claiming
Creditor(s). made payments to the true Creditor(s).
35. What is the total amount of debt the creditor alleges the Debtor owes?
36. How was this debt tabulated and by who?
37. ',;ho officially imposed and or authorized the debt of the Creditor(s)
on the Debtor?
38. The Debtor agrees to submit to the Conditional Acceptance For Value
of the creditors if the cre(litor can provide original certified proof of
payment the creditors made (Le drafts, chattel, credit, etc.) indicating
where they suffered a loss.
39. When was this debt imposed upon the Debtor by the creditor?
40. Do the Creditor(s) hold liable for the debt the Debtor's straw man
or the Debtor's true flesh and blood persona?
41. Is the Creditor(s) a Secured Party pursuant to UCC 9-301. 9-311, 9-314,
9-502-505
42. If the answer to the above question no. 41 is yes, on what date did
the Creditor(s) become a secured party?
43. If the answer to the above question no. 41 is yes, then provide a
certified copy of the UCC 1 Financing Statement filing and filing number of
the Financing Statement filed by the Creditor(s)
44. The Debtor agrees to submit to the Conditional Acceptance For Value
provided the creditors can provide certified copies of documents indicating
the contract held between the Creditor(s) and their ~-1ealth Care Provider which
stipulates who is held liable for debts incurred by the creditors for Health
Care.
45. Does the creditor enforce this debt without the authorization of the
Debtor?
46. Has there been any complaint from the Debtor to the creditor concerning
the imposition of this debt and the assessment of his accounts?
47. If the answer to the above question no. 46 is yes, then the Debtor
agrees to the Conditional Acceptance For Value provided the creditors can
provide certified copies of all documents detailing the dates. identification
tracking numbers, complaints, arguments, and result of the complaints of the
Debtor?
48. Do the Creditor(s) recognize the all caps spelling of the Debtor's
name as representing the Debtor's straw man?
49. To date how much money has been taken by the creditor from the Debtor
and credit or bonded toward this debt?
50. >ihat is the remaining balance left on the debt the Dehtor allegedly
owes to the creditor?
51. The Debtor agrees to the conditional agreement provided the creditors
can provide certified copies of accounting of the debts remaining balance.
52. Is there any Power of Attorney agreements signed between the creditor
Page 4 of 5. Conditional Acceptance For Value.
Certified Mail Receipt No. 7004-1350-0000-6438-8810
and the Debtor?
53. If the answer to the above question no. 52 is yes, what Clre the ,lates
of this agreement?
54. If the answer to the above question no. 52 is yes, then provide
certified copies of this agreement and or contract of power of attorney between
the creditor and the Debtor.
55. If the answer to the above question no. 52 is yes, then does this
contract and or agreement stipulate that the Debtor shall be held responsible
for any and all debts incurred by the 1)ebtor to the creditor?
56. Has the Debtor enforced a fine on the Debtor's accounts by utilizing
it's ability to cash the Debtor's checks, money orders. or cash gifts it is
in receipt of?
57. If the answer to the above question no. 56 is yes, then please provide
via certified copy all information by date, time. and amount, on what
occasion(s) have the Creditor(s) taken fund and or accounts from the Debtor?
58. Is the creditor in possession of any recent contracts between the
Debtor and the creditor certifying or giving authorization to the creditor
for control over his financial affairs?
59. If the answer the above question no. 58 is yes, provide certified
copies of all recent contracts and or agreements which stipulate that the
Debtor authorizes the Creditor(s) full control over all financial affairs?
60. Does the contract ,"entioned in question no. 58 stipulate that the
Debtor will be held responsible for any and all debts incurred by the creditor?
61. If the answer to the above question no. 60 is no, then provide
certified copies of any contract. or agreement signed by the Debtor, proving
that tne Debtor has promised to reimburse tne creditor for any debts incurred?
62. Is the Creditor(s) agency self insured or insured by an outside agency?
63. The Debtor agrees to the conditional agreement provided the creditors
can provide clear, documented proof of the state statue that specifically
states the creditors right to deduct 50 percent of the Debtor's account.
64. '.hat does the money the Creditor(s) take from the Debtor for the
payment of the alleged debt owed to the Creditor(s) go towards?
65. "'hat is the name, holHng institution, account number of the fund
and or account that the Creditor(s) depOSit the financial and or monetary
assets they take from the Debtor?
56. Are the Creditor(s) holding the Debtor's STRAW 'IAN liable for the
debts incurred?
67. Is the Debtor recognized as a straw man?
68. What financial institution holds the accounts of the Creditor(s) where
they place tne monetary fines they receive from the Debtor's accounts?
69. "'here is this financial and or monetary institution located that
retains the financial and or monetary fiaes the Creditor(s) receive frolll tl,e
Debtor?
70. Has the Debtor through acceptance or signed a verified contract or
agreement with the Creditor(s) authorizing the filing of a liCC 1 'inancing
St.atement form?
fhe Depart!nent of Cou-ections and it's agent :,as 7 (seven) days from receipt
of this Conditional Acceptance For Value to respond to this Conditional
Acceptance For Value, on a point by point basis, via s',;orn affidavit, and
notarized, under your full co,RI"ercial liability, signing under penalty of
Page 5 of 5. Conditional Acceptance For Value.
Certified ~ail receipt No. 7004-1350-0000-6438-8810
perjury that facts contained therein are true, correct. complete and not
misleading. Declarations are an insufficient response, as declarations permit
lying by omission, ..hich no honorable draft may contain.
The creditors must provide all correspondence through certified mail. signed
receipt with the Certified :1ail Receipt N'umber clearly exposed on the envelope.
The Department of Corrections failure to respond and any activity by the agency
proceeding to secure any payment through their assessment notice before
responding to this Conditional Acceptance For Value shall be deemed as
agreement with the facts stated in the attached affidavit and shall be deemed
an automatic dishonor of this Conditional Acceptance For Value :10.
DB-03l805-NOCA and agreement of the Department of Corrections to A. Immediately
cease their assessment of the Debtor's account; B. Return any assessed funds
deducted from the Debtor's account; C. The immediate payment of $195.440.000
to the Debtor.
Signed from "without" the "United States" in accordance with Title 28 USC
1746(a). All rights reserved without prejudice (1-207).
Enc1: Verified Affidavit of Material Facts in support of Conditional Acceptance
For Value.
I declare under the penalty of perjury under the laws of the United States
of America that the foregoing Affidavit of ~ateria a s is true and correct
to the best of my knowledge and belief.
Executed on the ~ day of ~arch, 2005
On tllis the lL day of :1arch, 2005 the signatory. Sui Juri.s. personally
appeared before me and is known to me, and has provi.ded proof, satisfactory
evidence to be the signatory whose name is contained on the instrument.
IN' WITNESS ~aEREOF. I hereonto set my hand and official seal:
/
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S~gnature of No .~~______~_;;
~dl<lr,"' :J::<I1 ,
Frances J. H:~';l.~~ ~;::!ar, P:..;bl:'; j
Morgafl T.v.) G'S-er.:; Co<..",y
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My Commlss:,--". '_II.:)"~" "'CO,, " <-" .:....,.
~NC--E5 J /j~//VS-
'Jotary ?ublic
Date cOlumission expires.
Certified Mail ~o. 7003-3110-0004-4113-3292
Dameon Brame
'\3-2316
175 Progress Dr.
\'/aY'lesburg, PA
Zip 15370-3090
AFFIDAVIT OF MATERIAL FACTS
Document no. AOMf-030305
In response to the Department of Corrections continuous efforts to deprive
the affiant of 50 percent of any and all funds, the affiant, Dameon Brome,
hereby submits this Affidavit of Material Facts explaining why he is exempt
from the fines/assessment/levy/debt the Department of Corrections (hereinafter
creditors) has imposed on his account. In support of his exemption, the affiant
presents the following:
1. I, Dameon 3rome am the affiant in the matter mentioned herein.
2. That affiants present address is A3-2316, 175 Progress Dr., ~aynesburg,
PA 15370-8090.
3. The creditors reside at 2520 Lisburn Rd, P.O.Box 593, Camp Hill Pa,
17001-0593
4. That I am being held as a debtor by the creditors to the amount of
H9,544.00
5. That, there is no standing contract existing between the creditors
and affiant indicating that affiant agrees, permits or authorizes their
deductions in the amount of 50 percent of and all funds received by affiant.
6. Affiant is not in receipt of any contract that states that the affiant
is responsible in any form or that states that affiant is responsible, must
submit, pay, or be subjected to said fine/assessment/levy/debt imposed by
the creditors.
7. That, there is no standing contract existing between the creditors
and affiant indicating that affiant is to be held liable for all medical bills
incurred ~JY the creditors as a result of any actions of the affiant.
8. That, there is no standing contract existing ber'.~en the creditors
and affiant indicating that affiant promised to pay allY ,lebt incurred ':>y t'"e
creditors for any reason what so ever.
9. That, ttlere is no standing contract existing between the creditors
and affiant indicating that the affiant had prior knowledge or gave any
per,nission or consent to any agreement to file a IJCC 1 (Uniforlll Commercial
Code) Financing ~orm.
10. That there was no filing of any lien on the affiants property by the
creditors.
11. At no point has affiant entered into a contract, either verbally or
in writing promising any agreement or SOine note ,ne'oorandum t;,ereof and signed
3aiJ document for the Ci",ditors to charge the affiant therewith with any debt.
12. The creditors have never provided tI,e affiant Wit!l dny such corttcact
suggesting that affiant would wi 11 fully submit and pay for any fines! deots
incurred by the affiant.
13. That no court within the jurisdiction of the uoarders of the :Jrtited
Page 2 of 2. Affidavit of Material Facts. No. AOMF-030305
Certified Mail Number 7003-3110-0004-4113-3292
States of America imposed said fines/assessment/levy/debt on the affiant.
14. At no point has the debtor ever claimed to be liable, or instructed
the creditors to hold him liable for any debts.
15. That the creditors are deducting from the ,lebtors account without
the signed expressed permission of the debtor.
16. Affiant is not in receipt of any contract that states that the affiant
is responsible in any form or that states that affiant is res~onsible, must
submit, pay, or be subjected to said fine/assessment/levy/debt imposed by
the creditors.
As a result of the clear and undisputed facts presented herein, the affiant
hereby request that the creditors immediately cease the assessment of his
account, and return all assessed funds to his account within (3) three days
after the date of receipt of this Affidavit of Material Facts.
I declare under the penalty of perjury under that laws
of America that the foregoing Affidavit of Material F
to the best of my knowledge and belief.
executed on the ~ day of ~arch, 2005
of the United States
is true and correct
Juris,
On this the~. day of :1arch, 2005 the signatory, Sui Juris, personally
appeared before me and is known to me, and has provided proof, satisfactory
evidence to be the signatory whose name is contained on the instrument.
IN ~ITNESS ~HEREOF, I hereon to set my hand and official seal
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S gn~ture . rv
'Tf'Q!'.C\l$ J . ~g\lls. o-tal'y Public
Morr;ar ;-,,:;., Gr,="re COUr1ty
My Cc:r,m,S'ilcn S_~prE<j ':lept. 1, 20?5
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Date commission expired.
EXHI BIT B
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Certified Mail No. lfJOQ J.ffooOOJ 1Nl/ /:J'tr
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EX\-\lBIT c..
Dameon Brome
AS-2316
175 Progress Dr.
Waynesburg, PA
Zip 1')370-8090
NOTICE OF FAULT AND OPPO~ITY TO ClJR~
Document No. DB-04020S-NOFAOC
to:Department of Corrections
2520 Lisburn Rd.
P.O. Box 598
Camp Hill, PA 15370-8090
Attn: Sharon M. Burks
Dateo/lui 1ft d!x.~
Dear Sharon M. Burks:
On March 21, 2005, the undersigned Secured Party caused to be sent to
you a NOTICE OF CONDITIONAL ACCEPTANCE FOR VALUE, sent to you via Certified
Mail No. 7004-1350-0000-6438-8810
You failed to perform after these presentments from Dameon Brome. You
failed to perform by providing the requested and necessary PROOF OF CLAIM
after receiving the said CAFV from the undersigned.
AS the Respondent, you are now in default and you are in agreement and
have stipulated to the terms of the undersigned's dated presentment through
your dishonor. You have the right to cure this default and perform according
to said terms Within the Three (3) days from the postmark of this Notice.
In order to correct your Default/dishonor you must provide Certified
copies of your response to the third party notary located at Cindy's Notary,
824 Main St., Bethlehem PA 18018 with1n the time allotted herein.
Should you fail to cure your default, this Notice and the undersigned's
Affidavit will establish the fact of Respondents general acquiescence to the
matter predicated upon Respondents silence, pursuant to and relative to UCC,
State Statue and otherwise.
Thank you for your prompt attention to this matter.
ince ely,
W~tho/tt Prejud.c ,
~ !~~,"^- v~l:
~Brom : Secured
Party Credifor, Authorized
Representative, A~torney
-In-Fact in Behalf of
DAMEON BROME(c) ENS LEGIS.
CERTIFI<;:ATE OF NON g~I'ONSE
EXHIBIT (
Re: Non-Response to Private Conditional Acceptance for Value of Proof of Claim
in the Nature of Request for Discovery to Exhaust Private Administrative
Remedy,
I, a Notary and/or Third Party here~n, certify tha~ a Private Conditional
Acceptance for Value for Proof of Claim in the nature of Request for Discovery
was sent by Dameon Brame, loca~ed at AS-2316, 175 Progress Dr.. Waynesburg,
PA 15370-8090 to the Department of Corrections, 2520 Lisburn Rd., P.O.Box
598, WaynesDurg, PA 15370-8090 and which was Mailed by the above party on
March 21, 2005.
I certify that I have reviewed the original documents of the above party
and the Mail receipts, green cards for the Mailing and the above party's
Affidavit of Notice of Default per the above document.
Per the above document as Mailed, request was made to not only send a
RESPONSE of the requested Proof of Claim(s) to the above party, but also to
myself, as an independent third party, as a Notary, but not a party to the
ma1:ter for the sole purpose to certify that any such RESPONSE was sent and
received at my address/office via Certified Mail, for the conclusion to the
above party's private administrative process.
Said Response was requested within a specific time period with an
additional 3 days for return Mail.
l~EREFORE, I certify that The Department of Corrections, refused or failed
to RESPOND to the above party's Private Conditional Acceptance for Value for
Proof of Claim in the Nature of Request for Discovery within the time
stipulated and presumption is made that The Department of Corrections is in
full acceptance and full agreement as stipulated in favor of Dameon Brome,
the Secured Party Creditor. ;Jl~, _,1
Dated this .--!!If!i day of ~ 2005
fil:ll!i~ 1UIJJ~
at ry S~gn/ ure
tlfttl' ~ /;'/5(1);
Print Name
EXH1 ~1T F
Dameon Brome
AS-2316
175 Progress Drive
Waynesburg, PA
Zip 15370-8090
AFFIDAVIT OF TRUTlI
Document No. A(1l'-OS200S-DB
"Indeed, no more than (affidavits) is necessary to make a prima
facia case." US v. !::is 658 F. 2d 526, 535 (7th cir); cert denied
50 US L.W. 2169, S.ct March 22,1982.
I DAMRON BROME, the plaintiff in this matter do hereby solemnly swear
that:
1. I am the plaintiff/creditor in this matter.
2. That the DEPARTMENT OF CORRECTIONS ENS LEGIS is the respondent/debtor
in this matter.
3. The respondents have imposed a debt upon the plaintiff in the amount
of $19,544.00.
4. The respondents have maintained this debt and assessed the plaintiffs
account, deducting 50% of all income obtained by plaintiff.
5. On March 11 2005, a Conditional Acceptance For Value Document '10.
DB-031805-NOCA was mailed to the respondents via certified mail.
6. The Conditional Acceptance For Value requested Proof Of Claim from
the respondent/debtor demonstrating that a debt of ~19, 544.00 claimed by the
respondent/debtor was infact owed by the plaintiff/creditor.
7. The respondents failed to respond in the time allotted.
8. On April 19, 2005 secondary opportunity was prOVided to the respondents
to respond to plaintiffs Conditional Acceptance For Value, Proof of Claim
presentment via Notice of Fault and Opportunity to Cure Document no.
DB-040205-NOFAOC by Notary Public.
9. The respondents were directed to respond directly to the Notary.
10. Respondents failed to answer any of the presented questions on
plaintiffs Conditional Acceptance For Value Document '10. DB-03l805-'10CA or
Notice of Fault and Opportunity to Cure.
11. The Notary Public issued a Certificate of Non Response.
12. Respondents failed to provide a contract, implied contract or
agreement demonstrating that plaintiff was liable for said ~ebt.
13. Respondents failed to provide factual, certified documentation
indicating that plaintiff owed respondents any fees or debts.
14. That respondents have never filed a claim or lien against the
plaintiff to demonstrate that he was indeed indebted to the respondents.
15. That said debt/fine was not imposed by any court of the Commonwealth
of Pennsylvania or the United States of America.
16. That respondents have dishonored and defaulted against plaint iffs
presentment.
17. That through their dishonor and default by opting to re,nain silent,
the respondents-via Tacit Agreement-agrees 'NUh the plaintiffs clai:ns and
affidavits.
Page 2 of 2. Affidavit of Truth. Document no. AOT-Os200s-DB
18. That through the respondents Tacit Agreement, respondents agree the
plaintiff does not owe the respondents any debt, fees, fines, or cost.
19. That through the respondents Tacit Agreement, the respondents have
admitted that they are indebted to the plaintiff in the amount of $195,440.00
in damages for their actions.
20. That through the respondents Tacit Agreement, the respondents admit
that the hold no factual basis to maintain the assessment of tlte plaintiffs
account.
21. That through Tacit Agreement, the respondents have agreed to cease
their assessment and return all funds assessed from plaintiff immediately.
22. That through Tacit Agreement, the respondents have waived all
argument, claims, authority, and challenges to the plaintiffs petition or
arguments and have accepted all statements made by the plaintiff as truth.
23. That through Tacit Agreement, the respondents state they do not have
any authority, authorization or agreement from the plaintiff to enforce this
debt.
24. That through Tacit Agreement, the respondents do not object and permit
the filing of a UCC 1 Financing Statement indicating their debt to plaintiff.
25. The plaintiff on May 12, 2005 filed a UCC 1 Financing statement with
the Department of State UCC section indicating the debt owed by the
respondent/debtor.
26. The plaintiff is now the Secured Party Creditor in this matter.
27. That no factual, recorded, certified documents providing proof that
plaintiff is indebted to the respondents have been put forth in the time
allotted by the plaintiff to prove Proof of their claim.
28. With the respondents failure to present such documents, they have
admitted that such debt is a fiction and non eXiste~n. /
,~~A, ~~
cured Party reditor
in behalf of DAMEON BROME
Ens Legis.
On this 26::.. the day of /',1ffc/ 2005, the signator DAMEON BROME personally
appeared before me and has p~ded to me on the basis of satisfactory evidence
to be the signatory whose name is contained on the instrument and acknowledged
that he has executed the same for the purpose(s) therein contained.
IN WITNESS WHEREOF, I hereunto set my hand and official seal.
'l71?
./r 0oo.r
/
.}jd4~d dLL
~ignature of Notary
Not'lfY Publ n
:Sharon A. e ek, Notary Public
Franklin Twp., Greene County
My Commission Expires May 8, 2007
Commission expires.
EX\--\lf)lT I
Dameon Brome
AS-2316
175 Progress Drive
Waynesbyrg, PA
Zip 15370-8090
AFFIDAVIT OF NEGATIVE AVERMENT
Document No. AONA-OS1705-DB
I, Dameon Brame, being duly sworn, depose and say:
That I am the Secured Party/Plaintiff/Creditor of the respondent/debtor
DEPARTMENT OF CORRECfIONS, ENS LEGIS (Stramineus Homo).
That as the Secured Party, I have a priority interest in protecting the
property and property rights of both the debtor and the Secured Party.
That the debtor in this matter is known as the DEPARTMENT OF CORRECTIONS,
ENS LEGIS.
That I am tne plaintiff/creditor/principle nolding claim and priority
security Lien interest on the debtor.
That on March 11, 2005, and April 19, 2005 after service via Certified
Mail receipt, the debtor failed to dsiclosed any agreement, contract, or
implied contract that binds the affiant to the responsibilities of reimbursing
the debtor.
Debtor has failed and refused to return said instrument within three
days pursuant to ~ygaard v. Continental Resources Inc. 598 NW 2d 851 (1991)
39 UCC 2d 851 wherein debt is discharged by said refusal to return and
therefore accepted for value.
That debtor has failed and refused to provide Proof of Claim as requested
and by their silence (dishonor) entered into the agreement stipulated IoIithin
the Conditional Acceptance For Value with affiant.
That the debtor has not disclosed documentation or evidence that the
creditor is party to or has signed any contract, or implied contract binding
the creditor to any debt owed, or promise to pay any debt owed or incurred
by the debtor.
The debtor has not disclosed documentation or evidence that the affiant
is party to any agreement to be responsible for any debt owed for any reason.
That debtor has failed to provitle any documentation '.hat so ever in
relation to said debt, therefore none exist.
That debtor has failed to act in accordance with the stipulations set
forth within the creditors Conditional Acceptance For Value Document ~o.
OB-03l805-NOCA.
Tne debtor has failed to cease their assessment on the creditors account
per their Tacit Agreement.
The debtor has failed refund all assessed money taken fro'll the creditor
per their Tacit Agreement.
That the debtor has failed to immediately pay the creditor :)195,440.00
per their Tacit Agreement to the creditor.
That the debtor has ignored all of the creditors drafts, and subsequent
opportunities to correct their neglectful dishonor and default.
Tnat debtor did not adjust. the account pursuant to state law on tentler
Page 2 of 2. Affidavit of Negative Averment
of payment wherein upon non acceptance the debt is mandatory discharged.
That said actions by the debtor has caused damages and are real and
approximate as so enumerated on the Conditional Acceptance For Value Document
No. DB-031805-NOCA and for this private matter in respect to the damages set
at the sum certain therein.
Without Prejudice
Authorized Representative,
~ r ey in Fact
Secured Pa ty
in behalf of
Ens Legis.
On this 1::2 the day of /J7'/11 2005, the signator DAMEO/</ BRaME personally
appeared before me and has provided to me on the basis of satisfactory evidence
to be the signatory whose name is contained on the instrument and acknowledged
that he has executed the same for the purpose(s) therein contained.
IN WITNESS WHEREOF, I hereunto set my hand and official seal.
~?~o<I;~OOS'- ~/~a~1J.,
Notar Public ~ignature of Notary
Commission expires.
DAMEON BROME,
PLAINTIFF
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
V.
DEPARTMENT OF CORRECTIONS,
DEFENDANT
05-3853 CIVIL TERM
ORDER OF COURT
AND NOW, this ~day of August, 2005, the motion of plaintiff to
proceed in forma pauperis, IS DENIED.1 //~
/'
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By-tne Courll,
/,/
~~y
.h
Ameon Brame, AS 2316, Pro se
1iF5 I1:9gr~ Drive
WaY~burg, PA 15370-8090
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1 The "Petition for judgment of $195,440," against defendant, Department of
Corrections, "upon default or admission and enforcement of judgment jurisdiction," IS
FRIVOLOUS.
,
IN THE Cm1BERLAND COUNTY COURT
CIVIL DIVISION
DA~lEON BROME
V.
DEPARTMENT OF CORRECTIONS
CASE NO. O~ -c~g~~
MOTION FOR WRIT OF PRAECIPE QUOD REDDAT
The plaintiff, DAMEON BROME, hereby motions this court with a Writ
of Praecipe Quod Reddat pursuant to Pa.R.Civ.P 1037 in the above action. The
plaintiff hereby seeks an Entry of Judgment in the above action against the
defendants for failure to plead for any relief or claim as a result of the
defendants default and admission.
The plaintiff is seeking an Entry of Judgment and an Order directing
the defendants to return the all of the funds assessed from his inmate account
immediately.
The plaintiff is also seeking in the order a termination of the
assessment for fines/damages against the plaintiffs account as a result of
the defendants default and dishonor against all presentments/drafts made by
the plaintiff.
The defendants have failed to answer any of the presentments
provided to them.
The defendants have failed to state any claim or right to the
assessment for fines/damages in this court or to the plaintiff.
The defendants have made no act to address the claims before this
court.
The defendants are already in dishonor, where the plaintiff has
obtain an administrative judgment against them.
The defendants have waived all of their rights/arguments/claims
or defenses through tacit agreement.
The defendants have failed to present any viable claim or defense
against the plaintiffs allegations/charges and have defaulted and dishonored
the administrative process and this court with their actions.
The defendants have failed to show reason as to why judgment should
not be granted to the plaintiff.
WHEREFORE, the plaintiff hereby request that the prothonotary grant
this Writ of Praecipe pursuant to PA. R.Civ.P 1037 and enter judgment in favor
of the plaintiff ordering the defendants to return all assessed funds to the
plaintiff immediately, and to terminate the assessment for fines/damages.
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DAMEON ~
ENS LEGIS
CERTIFICATE OF SERVICE
I DAMEON BROME, hereby state that on this day I have
provided the attached action to the authorities at SCI Green
and deposited said in the U. S. Mail system, forwarding copies
to the parties listed below pursuant to PA.R.C.P. 121, 122.
SERVICE VIA FIRST CLASS MAIL:
Department of Corrections
2520 Lisburn Rd.
PO Box 598
Camp Hill PA 17001
~
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AS-2316
175 Progress Drive
Waynesburg, PA
Zip 15370-8090
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IN THE CUMBERLAND COUNTY COURT OF PENNSYLVANIA
DAMEON BROME,
Plaintiff
:
:
v.
DEPARTMENT OF CORRECTIONS, ET AL.
Respondent
.
.
.
.
.
; Case No. o.5.~.:?V~3
MOTION POI SMlARY JUDGMEIIT
The plaintiff, DAMEON BROME, hereby submits to this court a Motion for
S\IIIlIII8ry Judgment before this court. The plaintiff in support thereof states
the following:
The plaintiff filed and initiated his action in June 2005,
The respondents were informed of all filings,'
The respondents have maintained silence throughout all of the filins..
The respondents failed to dispute any facts in the transpired events.
The absence of dispute between the facts eliminates the need for any
further argument on the matter.
The respondents have failed to present any proof of indebtneas, promise
to assume debt or evidence of any levy to the plaintiff or this court,
Through the respondents silence, they have tacitly admitted to the facts,
and agreed to the plaintiffs RELIEF REQUESTED.
With no dispute to the facts at hand, the plaintiff is entitled to the
relief requested.
With no challenge to the facts set forth, delaying this lIStter is not
in the best interest of the courts or the plaintiff,
WREREFORE lscking any controversies on the merits, this court must award
prompt disposition pursuant to the plaintiffs RELIEF R~ED.
/
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PROOP Oll' SERVIC!!.
Now, on this day, I DAMEON BROME, hereby state that I have deposited
the attached Motion for Summary Relief in the US Mail System here at SCI Greene
and forwarded copies of said action to the parties listed below, I have done
so pursuant to the PA. R.C.P, 121, 122
8E1_VICE vu "1ST ct.MJS KUL
Department of Correctiona
2520 Lisburn Rd.
POB 598
Camp Hill, PA 17001
)
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As-2316 .
175 Progress ~r.
Weynesburg, PA
Zip 15370-8090
Datel
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IN TIlE CUMBERLAND COUNTY COURT OF PEtfflSYLV1.NIA
DAMEON BROME
Plaintif f
I
.
.
v.
,
.
.
.
DEPARTMENT OF CORRECTIONS
Respondent
.
; Civil Case No,OS-s~53>
APPLICAnOR FOR AI DltEDIATE RESTRAINIIG OlDER
TO CEASE RESPoMDENTS ASSBSSHBIIT ON PLAImPFS ACCOONT
The plaintiff, Dameon Brome, hereby request that this court issue an
Immediate Restraining Order to Cease Respondents Asse8sment on Plaintiffs
Account until the termination of these proceedings or any attached appellate
proceeding. that may subsequently follow without a hearing,
III. BRIEF HISTORY
1. The plaintiff, DA~EON BROME, resides at 175 Progresa Drive, Wayneaburg,
PI. 15370-8090.
2. The respondents, reside at 2520 Liaburn rd. P .0.Boll: 598, Camp Hill
PA, 17001,
3. respondents claim pleintiff is indebted to them for a total amount
of $19,544,00.
4. Respondents have assessed and arrested the plsintiffs account which
is presently in the custody of respondents.
5. Said fine/aslMssJDent purpose waS/is for reimbursement to the
respondents for medical expenditures as a result of injuries suffered by staff
employed by the respondents.
6. Injuries suffered by staff employed by respondents was/is alleged
to have been induced by plaintiff'8 8ctions.
7. Said fine is not/was not imposed by any court nor is it the result
of any court ordered actions, suit, or directive.
8. Since the initiation of this fine/assessment of plaintiffs account,
the respondents have deducted 50% of all income and shall continue to do so
until the total is paid in full.
9. On March 21, 2005 the plaintiff provided respondents with a Conditional
Acceptance For Value, Proof of Claim requesting Proof of Claim demonstrating
their superior claim of debt incurred by the plaintiff.
10. No contract exist between respondent and plaintiff certifying
plaintiff owes or promised to cover any debt incurred by respondents.
11. Respondents have Dishonored (Remain Silent) and Defaulted against
plaintiffs drafts and presentments.
12. The plaintiff is neither a surety nor an accommodation party for
the respondents.
IV. FACTS
13. This is a dispute between private parties.
14. On March 21, 2005 plaintiff provided respondents with a Conditional
Acceptance For Value, Proof of Claim Document No. DB-03l80s-NOCA via Certified
Mail No. 7004-1350-0000-6438-8810.
15. In the Conditional Acceptance For Value, Proof of Claim plaintiff
requested that respondents provide proof of their claim that plaintiff is
indeed indebted to them or promised them any payment for debts incurred.
16. The respondents Dishonored (Remain Silent) plaintiffs Conditional
Acceptance For Value, Proof of Claim and failed to respond in the time allotted
within the Conditional Acceptance For Value, Proof of Claim.
17. Secondary opportunity was provided to respondents to cure their
Dishonored (Remain Silent) through Notice of Fault And Opportunity to Cure
on April 19, 2005 Document No. DB-040205-NOFAOC, Certified Mail No.
7004-2890-0002-7144-1599.
18. A Notary Certificate of Default was issued by a Notary on kpril 19,
2005.
19. Through Tacit kgreement, the respondents have confirmed and agreed
with plaintiffs Negative Averment.
20. Through Tacit Agreement, the respondents have agreed to immediately
cease their assessment of the plaintiffs account.
21. Through Tacit Agreement, the respondents have agreed to return and
reimburse all funds assessed from plaintiffs account.
22. Through Tacit Agreement, the respondents have agreed to immediately
pay damages for their action in the amount of $195,440.00 to plaintiff.
23. Through Tacit Agreement, the respondents have agreed to waive all
defenses, arguments, actions, counter actions in this matter.
24. No contract exist between respondent and plaintiff certifying that
plaintiff is responsible for said debt incurred by respondents.
25. No Lien pursuant 9-314, 9-315, 9-502, 9-511 to the Uniform Commercial
Code is registered with the Secretary of State, Uniform Commercial Code office.
26. As a result of the respondents Default and Dishonored (Remain Silent),
the plaintiff is held harmless and is indemnified from and against any and
all claims, levies, legal actions, orders, fines, liens, levies, penalties,
damages, interest and expenses both issued in and associated with the
respondents debt.
27. Plaintiff holds a Perfected Security Agreement, that respondents
through their Dishonored (Remain Silent) and Default are indebted to the
Secured Party (plaintiff) as a result of their actions via to UCC 1, Financing
Statement, and UCC 9-201, 9-301. 9-315.
28. Plaintiff has never authorized any action, contract, agreement
providing respondents power to deduct from his account for purposes of debt
recovery.
29. In support of Preliminary/Permanent Injunctive Relief, plaintiff
provides an Affidavit of Truth attached hereto.
V. REQUFSTED RELIEF
30. Plaintiff request that this court issue a Preliminary/Permanent
Injunction without a hearing until the dispute between the respondent and
plaintiff can be settled.
31. Failure to grant plaintiff r S motion will subject him to continued
financial difficulty and provides sufficient cause to justify relief requested.
32. Plaintiff request that this court order respondents to cease
assessment of plaintiffs account per their Tacit Agreement with plaintiff.
33. Granting this Injunction will not prejudice the respondents in any
form.
34. Granting plaintiffs request is fair and equal to justice due to the
likelihood of the plaintiffs success as a result of the respondents documented
Dishonored (Remain Silent) and certified Default.
35. No hardship will be experienced by the respondents if this court
provides a Preliminary/Permanent Injunction since their operations, livelihood,
and well being is not based upon the deductions made from plaintiffs account.
VI. WHEREFORE
As a result of respondents Default and Dishonor (Remain Silent) to
plaintiffs Conditional Acceptance For Value, Proof of Claim, respondents have
voluntarily entered into agreement with plaintiff and does not refute the
claims presented herein or in any subsequent action.
Therefore, plaintiff is entitled to the Preliminary/Permanent Injunction
Without Hearing, until the final disposition of these proceedings and request
that this court order an immediate cessation of their assessment, deductions,
and collections from plaintiffs account.
Due to the respondents expressed silence, default, and failure to
challenge any petition presented by the plaintiff, the likelihood of the
plaintiffs success is apparent. There is no dispute of plaintiffs facts set
forth by the respondents, therefore no question of law is at hand to require
a hearing. With no dispute, and the respondents acquiescence to the facts
set forth, this court is bound to grent the plaintiffs request. Granting this
application, would not prejudice the respondents.
The plaintiff request that tbis court grant this preliminary/perunent
restraining order to cease respondents assessment on plaintiffs account, The
plaintiff ask that this injuction continue througb any appellate process that
I118Y come as a result of any adverse decision. The plaintiff is entitled to
injunctive relief since he is suffering continuious irreparable dauge,
damage/injury at the hands of the respondents.
,
tifullY, J
/~ ~iV----------
D:'1EON IOME
PROOF OF SERVICEs
Plaintiff hereby states tllat on this day he provided copies via First
Cless mail of the attached Motion for Immediate Preliminary/Permanent
Injunctive Relief Without a Hearing to the parties listed below, Plaintiff
hereby states that he has done so in compliance with Pennsylvania R.C,P. 121,
122,
SERVICE VIA FIRST CLASS MAILs
Department of Corrections
2520 Lisburn Rd.
P.O,B. 598
Camp Hill, PA 17001
"
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AS-2316 ~.
175 Progress Drive
Waynesburg, P"
Zip 15370-8090
Date: ,1Pf!>
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II THE COMKOI PLEAS COUIT 0' CUMBBILAID COUITT
CI'IL DI'ISIOI
D1MIOI BIOMI
.
.
:
v.
.
.
:
DEPAITMENT 0' COII!CTIORS
: Cas. 10. 05-3853
.-+. tt....-. S AICB or JU.CIIIIT lIPOI
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Plat.tiff. DAMIOIf BIOfIm. hereby proceedilll Pro S. i1l this _eter
_\'88 this Roaorabl. Coun for the ianaace of J__t UpoII Defa.lt: or
,........t_ ad !afore_at of Jadpeat pursullt: to lule of tile Peu.sylyaata
lules of Civil Procedure. alld ill sapport thereof respectfully represents:
1. On 7/28/05. Plaintiff filed a Motion for J.d_t 1IJMHI Def.ult
or ........ uioft and Eafore_t of Jad_t before this court.
2. As . result of tIlisMoti_ for J1Id_at UpoIl Defa.lt or Adll1_ion
and Eafo~t of J.4_t the Defendants hant defa.lted ad acquiesced
throaah tacit al~t to the elai_ set forth by the Platattff withie the
Motion for J.4_t llpea Def..lt or AdJdaeio. aad !.fo~t of J.d_t.
3. To elate. the Def.....t have failed to answer 8ft, pr_.~t
.... to their offic..
4. Th. Def.....ts have failed to care their default ud r.fuse_
to terUaate the .........t aDd rehra all .......d facl. to the Plaintiff.
5. The Def_cluts hay. DOt pr_ntecl UJ facts before the coart
.....tratiDa Proof of CW. to jutif, the eoatiaaed ..__..t.
6. o,portutt:y to reapond ead defelld vaa Ii... to the Defe.efute.
u. they haye o,ted DOt to thr01llh tacit ..i..ion.
7. The Plailltiff is requesting that this court order the retarn
of .11 f..ds .....sed fro. his i_t. account. and tertliut. the __t
api..t the Plai.tiff.
I
L
,
WlIEUPOIE. Plat.tiff pray. that. tlda Roaorahle Court gnat .. Order
ntbenzin! the Protlaoaotary to issue the Order for J_peat Upon Def..lt
or ldld.aioa aad Eafo~t of Jecl_t par_at to the
.
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,
!'lOOP or $_9.lC&
I, DAMIOR 810MB, hereby proceediDI Pro Se hereby state tltat oa
dais clay, I hay. depoat.tH eopi_ of the attaehed MotiOft for laauace of
Jacl_t UpoIl Default Or Mat..ioll ADd EoforceMat of Judpent ill the US MAIL
.y... oa this da, pura_t to lule 122, 121 PA. I..C.P. via first. Clau Mail
SIIYICI m lIISI' CLASS IUIL 10:
Depan.eat. of CorrectlO1lS
1520 Lialnlra Rd
POB 598
Caap Hill, P1 17001
18-231
1000 Pol1188 Rd
Dall.. P1
18612
Date:P l2&-j,b
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II TIE COllOM PLElS COURT OF CUMBBItLlIlD coom
CIVIL DUISIOI
DAMEOW BttJm
:
y.
.
.
.
.
DlPAI'rHDft or COI1EC'l'IOIS
.
.
: Cue I.. 05-3853
lIJrIOI m COttier
The Plaiatiff ill this _tter Moyes the eout to al101l hi. to cerreet
All error ill d\e Pbillttff. title of the ,reYiouly ..bII1ttetl petittoa.
The Plai.tiff oriliaally ftled before this court . ~~T1T101 for
J.~t Open Default: or 1dld_ioll And EaforGeMat of Jlld_nt.
TIle correct title of this actio. sll01l14 be as followa: MOnO. POI
JUDQ4EIT UPOII DEFAULT 01 ADMISSIOH AD EII'OICEPIBtIT 01 .ltJDGMIMT.
Wherefore, the PI.iatiff hereby pray. that this court penlt the
correct.ion of title.
.,..
PlOOf fII sanCl
I. DAMEOI BlOME. hereby proceed1_1 Pro Se herelay stat:e that oa
chia day, I haye clepeeite4 co,i.. of t.he attached Mott_ to Correct ia the
US MAIL .,ecea OIl this day pur..at to Rul. 122, 121 Pl. I.C.P. rta fint
Cl_ Mail
s_flCl m PIIS'f CUSS JIlIL TOt
De,artaeat of CorrectiOftS
2520 Llabua lel
POB 598
c.., Hill, P1 17001
.
1S-2116
1000 P 11t.. Id
Da1188 P1
18612
Date: /oi;~J
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DlP1I1'MBlfT or COIIICTIOMS
~IS~I~OlI.
!hta co.r~ hu t. per.._ j urt."icttoll oye.. c'hi. .Iter by tb. ,by.ical
'1'--. of tile defelldaat aa4 property ia cau..ttoa id..ttft" .. ..
,laiattff. ace...' ..t..tills within the fora .tat. aad dOMllOt off..
t....itio..l DOtioa. of fair ,lay u4 ..bareaCial juatic..
PAlTIJS IIfOLVlDs
The ,laiatiff t. tel.ltflH a. DlMIOM BlOME, who ....14_ at AS-2316.
1000 'ollt.. lel, Dall.., PA 18612.
The ..f..claa, t. id.tiftH .. the l)epart.at of Correccio.. who r..iel.
a~ 2520 Liahun tel, P.O,B. 598, Oup Hill PA 17001
,~,
1. The d.f....t IIu __ the ,laiaCiff.. aGc....t ill the aouat
of '19,544.00 fol' aa .11.... ..bt.
2. The def..4ut baa 'oae eo witMut . court order or writ of
.....18....' .
3. Tbe 4.f.....t ded_a 'ift,. (50) ,.neat .f all ia_ fl'.
,la1a'1ff.
4. OIl 3/21/05 plaiatttff ,royi... ..'....at vith . CoMtet._l Accepra..
ror '.luIPnef of Claw (1Ientaafter CA") Doc_t DO. DB-O!I805-IOCA
(Inthit A) ria Certified Matl DO. 7004-1350-0000-6438-8810. (bldltit B).
5. The ,lainciff .'~I"" Proof of Clat. .bowtal Proof of $19,.544.00
..ltt.
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6. Tbed.l.t.at vu al.,.. ...,. (7) day. to r..,..d.
7. The ..f..... defaulted/4i.hoBor.el plaiatiff'. CAlV ..4 f.l1.., to
....1' .
8. The plaiatlff ..11.~.d . Motary at Ciad,'. Mora.., S.rm. 824 Maia
St., Be'"1__. 'A 11018 to act .. . thirel party.
9. 1 lot1.. of 'ault .ael Opportuit:y to C.... (lshlb1t C) vu _, CO
tile ..f.....t 01l 4/19/05 Doeuaeat fto. DB-040204-MO'AC .,i8 Certifi.. Matl
DO. 7004-2890-0002-7144-1599 (181'-1& D).
10. Th. elef..hat vas 1utnctecl to rupoad to tla. DOtal',.
11. Def.....t d.f..lted/dishOBO.." the Me". pr_taeat.
12. A Cer-tificat. of loa I..,ou. vas i.... on 4/19/05 (Ishib'lt I).
13. The def.dAftt fatled to ,..-t '....f of claill of plailltiffa ..bc.
14. The clefe.claD' haa fatl.. ~o ,r...at ,reof of u, 11.a helel.
15. The cl.f.ndant 1s aot .' eecured party ill thts _ttar.
16. Th. ..f.....t hu f.il.d to ,.....t ,roof of a., li.bt1i~, .,r_at
.... by ... pblattiff.
17. Due '0 the lack of proof pr_tad to the plaiatiff ..el thia GOurt'.
. ..f.....t baa '_trated the d.bt ia . fiecioR.
18. The plaintiffa Affi4ant of Tnth ..... .__11..... .. faoc.
Doc_t ftO. Aar....oS2005-DB (Ixhibit ,).
19. The ..f.....' has ao lawful elai. Co collec~ ..bt.
20. TIle ..'.....1 1a aot N....t... h, tbe ...,. .s Dellt Collector..
21. TM ..f_aat'. he.. dishonored/def..lt.d ...t... plaiadff. CAn
.. to tile JOlata asd aa, ".....1 liabili.y" aDd ha.,. fail.d to stat. . 01a1ll
.... vId.eIl relief ca. 1ae ana'*'.
22. !be ..f.....' t:acitl, a.necl to ceu. Deir .........c.
23. TU ..,....., ~1.1' ..ned to val.,. all ..1_. ..........
. --'
.r...... COU1lhr'ul_t, act:ioaa ... ri.hta aaaoctated t'herewith.
24. The ..f..daat tacitl,. qne4 to b. hal1t liable CO tb. plaintiffs
claw of daM.. ill t'he _ut .f $195,440.00
25. The d.f..elaat'. .ctlyll:,. _~a t'h. lIiataa cOlltracts nquir_t
.,. ex1st1al. coatractuI. aad tr.....ti". buiDe.. vit'Ma the fora ..te.
26. The clef.auat hat been aotice" throulho'IlC tba ,roc"'lna.
.BLUr uquarl~1
Due to the e.t.tence of the ..f......'. tacit a.r.'Tlat, their
'ef.lIlt/clitlhollor .. all '"""'MDt. uti the Certiflcat. of lion "'pou.
the,. bay. vaty" all arlUM1lta al\d acquie.ed to the facta a. da~" by the
,latatiff .. tnt'h. TIle d.f.....t bae faile. to .tat. a clai. ift which relt.f
..y be ,ouaht. All . reault of th... f.ircuuta1lCe8. there i. DO barrier
,..yeaCial the court frea t.ledlat.ly Ira.tial the plaia~ff. reli.f
I'.....ted .
TIIIDPOIB, ...to the d.f.....' vaiy.r .f all UI_at alld the cI.fa.le
j1lcl_t ataa4iaa. the pl.tatiff ia tbia actioD henl>>y _ka to obtai a aD
.....i.ce jud_t/order di:ncUna t'he clef_daat to eeue the .......at
of ,1aiatiff'a 1_te aceout .ad retun of all ._aad fucla collected
b,. dle d.f.....1 fl'Oll the plaintiff t.edtatel,.. The platDtiff __ aa order
berrol defn.ut froa elitertal a rupoa..l_r tto 0' of tha
p1eadtap/actiou/aotiou/petitlons fl1_ ift Ibi. _ReI'. The ,latadff ...ks
all ord.r barrt.aa the ..f.n4ant frOll n-latttatlal aD1 claill ...last' the
plalat!iff..
~~
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W~~t ~udlee
UCC 1....207"
.' .
'100' or SIIVICK
The plaintiff, DAMIOM 110MB, hereby at:at.. t'hat all tht.a day he has
d.,..iteet cop1.. of the attaehed Aetioll within the US Mail Sy.~.. ancl
forwarded copl.. of the attuhed to the parti.. liste. below ptlr.uant to
I.A.P. 121. 122.
SIIVI91 VIA "1ST ~SS MAn,.
DIPAI'1'MINT OrCOlUC'l'IOMS
2'20 Lt..bura rd
POB 598
c., Hill, Pi 17001
1000 '0 i.. Rd
Dallaa PA
Zip 18612
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IN THE CUMBERLAND COUNTY COURT
DAMEON BROME
.
.
V.
: CIVIL DIVISION
DEPARTMENT OF CORRECTION
: CASE NO. 05-3853
AFFIDAVIT IN SUPPORT -OF JUDGMENT FOR DEFAULT
The plaintiff in the above action hereby submits this Affidavit iln
suppor~ of hi's Petition for Judgmen~ Upon Default or Admission and Enforcement
of Judgment. The plai'n~iff hereby sta~es:
1. The plaintiff in ~his acti'on 1's UAMEON BROME.
2. The defendants in this ac~1'on is identified as the Depart)nent' of
Corrections.
3. The plaintiff has initia~ed this action.
4. The plaintiff hereby states that he has entered an appearance
proceeding Pro See
5. The plaintiff hereby states that all documentis were forwarded to
the defendant.
6. The defendant has failed to resp,:>nd to all presentment's to dat'e.
7. The defendant has dishonored all presentment's made tio them and through
their tacit admiss1'on are liable tn the ma~ter.
8. The defendant has fa1'led' to prov1'de the plain~iff with any
justifica~ion or proof of claim of debt.
9. The defendant has not ent;ered an appearance in the matt'er.
10. The defendant is in default of the plaintiffs presentments.
11. The plaintiff ob~ained a Certificat of Default from Cindy's Notary.
12. The plaintiff has made every effort' to sett1le t:his matt'er without
a breach of the peace to no avail.
13. The defendan~s have refused t'o settle with the plafnttff.
'..
The plaintiff hereby states that pursuant ~o 4904 Unsworn Falsi'fica~ion
of dooument's the details within this Affidavit are true to the best of his
knowledge.
-~
,-'.A11
PROOF OF SERVICE
On this day, the plaintiff DAMEON BROME hereby proceeding Pro Se states
that he deposited oopies of the at~aohed document: in the US Mail sysiem and
provided copies to the parties listed below pursuan~ to RAP 121, 122.
SERVICE.VIAFIRSTGLASS.MAIL
Depa~tmentof .Correction
2520 Lisburn Rd.
POB 598
Camp Hill, PA 17001
Date: 01/29/07
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To the Court: -,
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~,~.~~~/~ ~ intends to pr with the above caption2 mal~.er.
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Print Name~~i ~ ~ O ~ _ Sign Name
Date: !~'-S ~`~ Attorney for
Explanatory Comment
The Supreme Court of Pennsylvania has promulgated new Rule of Civil Procedure 230.2 governing the temunation of
inactive cases and amended Rule of Judicial Administration 1901. Two aspects of the recommendation merit
comment.
I. Rule of civil Procedure
New Rule of Civil Procedure 230.2 has been promulgated to govern the ternnation of inactive cases within the
scope of the Pennsylvania Rules of Civil Procedure. The termination of these cases for inactivity was previously
governed by Rule of Judicial Administration 1901 and local rules promulgated pursuant to it. New Rule 230.2 is
tailored to the needs of civil actions. It provides a complete procedure and a uniform statewide practice, preempting
local rules.
This rule was promulgated in response to the decision of the Supreme Court in Shop v. Eagle, 551 Pa. 360,710 A.2d
1104 (1998) in which the court held that "prejudice to the defendant as a result of delay in prosecution is required
before a case maybe dismissed pursuant to local rules implementing Rule of Judicial Administration 1901."
Rule of Judicial Administration 1901(b) has been amended to accommodate the new rule of civil procedure. The
general policy of the prompt disposition of matters set forth in subdivision (a) of that rule continues to be applicable.
II Inactive Cases
The purpose of Rule 230.2 is to eliminate inactive cases from the judicial system. The process is initiated by the
court. After giving notice of intent to temunate an action for inactivity, the course of the procedure is with the parties.
If the parties do not wish to pursue the case, they will take no action and "the Prothonotary shall enter an order as of
course terminating the matter with prejudicc for failure to prosecute." If a party ~~rishes to pursue the matter, he or she
will file a notice of intention to proceed and the action shall continue.
a. Where the action has been terminated
If the action is temunated when a party believes that it should not have been terminated, that party may proceed
under Ru1e230(d) for relief from the order of termination. An example of such an occurrence might be the termination
of a viable action when the aggrieved party did not receive the notice of intent to terminate and thus did not timely file
the notice of intention to proceed.
The timing of the filing of the petition to reinstate the action is important. If the petition is filed within thirty days of
the entry of the order of termination on the docket, subdivision (d)(2) provides that the court must grant the petition and
reinstate the action. If the petition is filed later than the thirty-day period, subdivision (d)(3) requires that the plaintiff'
must make a showing to the court that the petition was promptly filed and that there is a reasonable explanation or
legitimate excuse both for the failure to file the notice of intention to proceed prior to the entry of the order of
termination on the docket and for the failure to file the petition within the thirty-day period under subdivision (d)(2).
B. Where the action has not been terminated .
An action which has not been terminated but which continues upon the filing of a notice of intention to proceed may
have been the subject of inordinate delay. In such an instance, the aggrieved party may pursue the remedy of a
common law non pros which exits independently of termination under Rule 230.2.
o cUM
David 1D. Buell r 414, Renee 2� Simpson
Prothonotary 15` Deputy Prothonotary
0rgF_� Z
V d '
„� Irene E. Morrow
2�irkS. Sohonage, ESQ
Solicitor 7750 2nd Deputy Prothonotary
Office of the Prothonotary
Cumberland County, Pennsylvania
6,5 - 335'3 CIVIL TERM
ORDER OF TERMINATION OF COURT CASES
AND NOW THIS 291" DAY OF OCTOBER, 2013,AFTER MAILING NOTICE OF
INTENTION TO PROCEED AND RECEIVING NO RESPONSE-THE ABOVE
CASE IS HEREBY TERMINATED WITH PREJUDICE IN ACCORDANCE WITH
PA R.C.P.230.2.
BY THE COURT,
DAVID D. BUELL
PROTHONOTARY
One Courthouse Square • Suite 100 • Carlisle, PA 17013 • (717)240-6195 • 'Fax(717)240-6573