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Home My WebLink About06-3359In The Court of Common j3Ceas of Maupbin County, Venn.5pCbanfa Frank Beddia vs. No. -2995=Nt--4623- Anthony N Thomas CERTIFICATION OF DOCKET ENTRIES AND JUDGMENT I, the undersigned Prothonotary of the Court of Common Pleas of Dauphin County, Pennsylvania, do hereby certify that the attached is a full, true and correct copy of the docket entries in the above captioned case. I further certify that judgment was entered in favor of Plaintiff, Frank Beddia and against Defendant, Anthony N. Thomas on December 22, 2005 in said case in the amount of $20,000.00 31t Mefitimoup 39bereof, I have hereunto set my hand and affixed the seal of the Court, on Monday, June 12, 2006. JUDGMENT $20.000.00 Interest from December 22. 2005 Attorney Due 3.00 Plaintiff Paid 21.00 Prothy. Due 10.00 This record 20.00 Date: 6/12/2006 Dauphin County User: ASNYDER Time: 02:51 PM Complete Case History Page 1 of 2 Case: 2005-NT-4023- Frank Beddia vs. Anthony N Thomas Filed: 12/22/2005 Physical File: Y Comment: Status History Pending Judge History Date Judge 12/22/2005 No Judge, Payments Thomas, Anthony N (defendant) 12122/2005 Receipt Date Type 95440 12/22/2005 Civil Filing Plaintiff Name: Beddia, Frank SSN: Address: DOB: Sex: Total Phone: Home: Work: Employer: Send notices: Y Litigant Type: Comment: Defendant Name: Thomas, Anthony N SSN: Address: 1000 Chippenham Rd DOB: Mechanicsburg PA 17050 Sex: Phone: Home: Work: Employer: Send notices: Y Litigant Type: Comment: Attorneys Thomas, Anthony N. (Primary attorney) Send Notices Register of Actions 12122/2005 New Civil Case Filed This Date. No Judge, Filing: Judgment - Note/Bond Paid by: No Judge, Thomas, Anthony N (defendant) Receipt number: 0095440 Dated: 12/2212005 Amount: $21.00 (Cash) Defendant: Thomas, Anthony N Attorney No Judge, of Record: Anthony N. Thomas Appealed: N Reason for Removal Current Amount 21.00 21.00 Dale: 6/42/2006 Dauphin County User: ASNYDER Time: 02:51 PM Complete Case History Page 2 of 2 Case: 2005-NT-4023- Frank Boddie vs. Anthony N Thomas Register of Actions 12/22/2005 Judgment in favor of Plaintiff and against Defendant in the sum of Twenty Thousand and 00/100 Dollars ($20,000.00) by virture of authority contained in note filed dated see note payable installments with interest, costs, etc. --- for coltn. Inquisition and Exemption Waived. Entered At 4:35 p.m. Stephen E. Farina, Prothonotary Judgment Order date In Favor Of Disposition 12/22/2005 Plaintiff 12/22/2005 Open Comment: 20000.00 Plaintiff: Beddia, Frank Defendant: Thomas, Anthony N I hereby certify that the foregoi g a tru nd cor'ect copy ofte or in filed. L_ No Judge, Judgment Judgment 6z4fl.. ?W17 o, , f 4eo4r P/ 17a -0 joo? ?- W Q d J1V- J C-J IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA FRANK J. BEDDIA, No. 6(,--335-7 Petitioner V. ANTHONY N. THOMAS, Respondent PETITION FOR PRELIMINARY INJUNCTION AGAINST SALE OF PROPERTY AND NOW, TO WIT, this \ ! day of October, 2007, comes your Petitioner, Frank J. Beddia, by his attorney, John R. Scheidemann, Esquire, who respectfully represents: 1. Petitioner, Frank J. Beddia, is an adult individual who resides at 1866 Susquehanna Trail, York, York County, Pennsylvania 17404. 2. Respondent, Anthony N. Thomas, is an adult individual who resides at 1000 Chippenham Road, Mechanicsburg, Cumberland County, Pennsylvania 17050. 3. On or about December 15, 2005, Petitioner loaned to Respondent the sum of $25,000.00. 3. As security for this loan, Respondent executed a Promissory Note in favor of Petitioner in the face amount of $20,000.00 on or about December 15, 2005. A copy of said Promissory Note is attached hereto and marked Exhibit "A". 4. On December 22, 2005, judgment by confession was entered against Respondent in the face amount of $20,000.00. A copy of the Confession of Judgment and Notice of Judgment by Confession are attached hereto and marked Exhibits "B" and "C" respectively. 5. The additional $5,000.00, representing the difference between the $20,000.00 Promissory Note and the $25,000.00 loaned, is evidenced by letter written and signed by Respondent dated June 16, 2006, where Respondent promises to enter an additional $5,000.00 judgment. A copy of said letter is attached hereto and marked Exhibit "D". 6. After a thorough check of the records in the Prothonotary's Office of Cumberland and Dauphin County, it was discovered by Petitioner's attorney that no such judgment was ever entered. 7. The Promissory Note and Confession of Judgment were both prepared by the Respondent, and the judgment was entered personally by the Respondent. 8.. Respondent is, or was at the time, a licensed practicing attorney in the State of Pennsylvania. 9. In the letter dated June 13, 2006, Respondent verifies that a judgment in the amount of $20,000.00 was transferred from Dauphin County to Cumberland County; that another judgment for $5,000.00 would be filed in Cumberland County; and that any judgment attaches to "any equitable interest" that Respondent has in any real estate. 10. Respondent's property located at 1000 Chippenham Road, Mechanicsburg, Pennsylvania, 17050, is currently listed for sale. 11. Settlement on the said property, originally scheduled for September 27, 2007, has been postponed, with a new date uncertain at the time of this writing. 12. Petitioner's attorney has determined from speaking with representatives from Madison Settlement Services that the judgment will not be paid from the proceeds of the sale of the above-referenced property. 13. Petitioner believes, and therefore avers, that Respondent has instructed the settlement company not to pay the above-referenced judgment from the proceeds of the sale of the property. 14. While searching the records in the Prothonotary's Office of Cumberland County, it was discovered by Petitioner's attorney that Respondent is currently involved in a divorce action. 15. Petitioner believes, and therefore avers, that this judgment constitutes marital debt and should be paid at the time of settlement on the property. 16. Petitioner is prepared to post bond, however, at the time of this writing, Petitioner's attorney was unable to ascertain the amount of bond required by law after speaking with both the Prothonotary's Office and the Court Administrator's Office of Cumberland County. WHEREFORE, Petitioner prays your Honorable Court to enjoin the sale of the property located at 1000 Chippenham Road, Mechanicsburg, Pennsylvania 17050, pending resolution for satisfaction of the judgment; or, in the alternative, that all proceeds from the sale of the property be placed in escrow pending resolution for satisfaction of the judgment. Respectfully , ESQUIRE for Petitioner I.D. No. 86772 40 East Philadelphia Street York, Pennsylvania 17401 (717) 845-1546 VERIFICATION The undersigned hereby verifies, subject to the penalties of 18 Pa. GS. Section 4904, relating to Unsworn Falsification to Authorities, that he is the attorney for the Petitioner, Frank J. Beddie; that he has been authorized by Frank J. Beddia to make this affidavit on his behalf due to his unavailability to sign the same in the time necessary; and that the facts set forth in the foregoing pleading are true and correct to the best of his knowledge, information or belief, based on information received from the said Frank J. Beddia. DATED: U 7 PROMISSORY NOTE ti1- (?J W.S. 20,000.00 Due: Decembii 15, 24&.6 FOR VALUE RECEIVED, the undersigned, ANTHONY N. THOMAS ("Borrower' hereby acknowledges itself indebted to FRANK BEDDIA ("Lender") and promises to pay to or to the order of the Lender at Ssusquehanna Trail. York, Pennsylvania, or as otherwise directed by the Lender, the principal sum of $20,000.00 with interest thereon at the rate of 25% per annum, calculated monthly, not in advance. TERM This Note will be repaid in 12 equal consecutive monthly installments of $2,083.33, which represents principal and interest, on the Fifthteenth day of each month commencing on Januaury 15, 2006, with the balance owing under this Note being paid at the end of its term. RIGHT OF ASSIGNMENT The Lender may assign all of its right, title and interest in, to and under this promissory note. All payments required to be made hereunder shall be made by the Borrower without any right of set-off or counterclaim. EARLY PAYMENT Borrower hereby agrees that the full outstanding balance, including the annualized interest which would have accrued to the end of the term of this Note, shall be paid in full upon the sale or refinance of Borrower's property located at 3111 N. Front Street, Harrisburg, PA 17110, should the sale or refinance occur prior to the expiration of the term of the present Note. Borrow further agrees to make reasonably diligent effort to affect the sale or refinance of the aforementioned property, which hereby acknowledged by Lender. There shall be no prepayment penalty. LATE PAYMENT If any payment during the term of this Note is not paid by its regularly monthly due date, Borrower shall make a partial payment of (a) $500.00 prior to the next regularly scheduled payment, plus an additional full payment at the end of the Note term, or (b) $250.00 plus an additional full payment plus one-half at the end of the Note term. This Late Payment provision shall remain in effect until this Note is satisfied in full an all additional monies owed under this provision are also paid in full. DEFAULT In the event of default in payment of any amount of principal or interest under this promissory note, the entire remaining principal sum and all interest accrued shall, at the option of the Lender, become immediately due and payable without notice or demand. CONFESSION OF JUDGMENT. IN THE EVENT OF BORROWER'S DEFAULT, BORROWER IRREVOCABLY AUTHORIZES AND EMPOWERS ANY PROTHONOTARY, CLERK OF COURT OR ANY ATTORNEY OF ANY COURT OF RECORD TO APPEAR FOR BORROWER IN SUCH COURT AT ANY TIME AND (1) TO CONFESS JUDGMENT AGAINST THE BORROWER FOR ALL OR ANY PART OF THE OBLIGATIONS HEREUNDER AND ALL SUCH COSTS, EXPENSES AND INTEREST TOGETHER WITH AN ATTORNEY'S COMMISSION OF 5% OF THE AMOUNT SO CONFESSED, AND/OR (2) TO ENTER JUDGMENT AGAINST BORROWER AND IN FAVOR OF LENDER. IF A COPY OF THIS AGREEMENT, VERIFIED BY AFFIDAVIT OF AN OFFICER OF LENDER SHALL BE FILED IN ANY PROCEEDING OR ACTION WHEREIN JUDGMENT IS TO BE CONFESSED, IT SHALL NOT BE NECESSARY TO FILE THE ORIGINAL HEREOF AND SUCH VERIFIED COPY SHALL BE SUFFICIENT WARRANT FOR ANY ATTORNEY OF ANY COURT OF RECORD TO APPEAR FOR AND CONFESS JUDGMENT AGAINST THE BORROWER AS PROVIDED HEREIN. JUDGMENT MAY BE CONFESSED FROM TIME TO TIME UNDER THE AFORESAID POWERS WHICH SHALL NOT BE EXHAUSTED BY ONE EXERCISE THEREOF. ALL CONFESSIONS OF JUDGMENT SHALL BE WITH RELEASE OF ERRORS, WAIVER OF APEALS, WITHOUT STAY OF EXECUTION AND BORROWER WAIVES ALL RELIEF FROM ANY AND ALL APPRAISEMENT OR EXEMPTION LAWS NOW IN FORCE OR HEREAFTER ENACTED. IT IS HEREBY ACKNOWLEDGED THAT THE CONFESSION OF JUDGMENT PROVISIONS HEREIN CONTAINED WHICH AFFECT AND WAIVE CERTAIN LEGAL RIGHTS OF THE BORROWER HAVE BEEN READ, UNDERSTOOD AND VOLUNTARILY AGREED TO BY THE BORROWER. THE BORROWER HEREBY ACKNOWLEDGES THAT THIS OBLIGATION IS NOT CONNECTED WITH A CONSUMER CREDIT TRANSACTION. IT IS UNDERSTOOD BY THE LENDER THAT THE AFOREMENTIONED CONFESSION OF JUDGMENT CLAUSE SHALL BE AFFECTIVE ONLY AGAINST THE BORROWER'S EQUITABLE SHARE OF ANY REAL PROPERTY OWNED. DATED: Witness Plaintiff vs. 7 Defendant IN THE COURT OF COMMON PLEAS DAUPHIN COUNTY, PENNSYLVANIA NO. 3 CIVIL ACTION - To Defendant(s) You re hereby notified that on 19 udgment by conf ssi.on was entered against you in? judgment sum of $? G&?,_ yin the above-captioned case. f DATE l z G 5? r 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. DAUPHIN COUNTY LAWYER REFERRAL 213 Ns Front Street Harrisburg, PA 17101 (717) 232-7536 I hereby certify that address of the defendant(s) ficate of residence: A SERVICE the following stated in the is the certi= 0 N) :i. DCBA-300-Rule 11.5(a)-4/3/81-M-4/24/81-M , Demandado (s) 0efGrn,? Por este medio sea avisado que en el dia de )) t'e, de un fallo por admision fue registrado contra usted por la cantidad de $ del caso antes escrito. Fecha: e1 d i a de de ProtoAotario LLEVE ESTA DEMANDA A UN ABODAGO IMMF.DIATAMENTE. SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SGFICIENT.E DE PAGAR TAL SERVICIO, VAYA EN PERSONA 0 LLAME POP TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. DAUPHIN COUNTY LAWYER REFERRAL SERVICE 213 N. Front Street Harrisburg, PA 17101 (717) 232-7536 Por este medio certifico que 10 siguiente'es la direccion del demandado di'cho en el certificado de residencia: Abogado(a) de Demandante(s) cf. ,?3 2--,?6 1 741 0 / 41-1 O G r> 7A