The URL can be used to link to this page

Home My WebLink About06-3449 -0 Barbara Swnp]e-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cwnberland, P A ] 7070 (7]7)774-1445 BARBARA SUMPLE-SULLIV AN, Plaintiff v. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : NO. e:k- .3lJf./9 ~(.I;L'[-~ KEVINP. HYDE, Defendant PRAECIPE FOR ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Please assess damages now due on the judgment in this action against Defendant, Kevin P. Hyde, as follows: 1. Past Due Late Payments in 2002, 2003, 2004, 2005 and 2006 Interest due on Note through June 1,2006 (5%) Balloon payment due June 15,2006 Attorney's Fee Provided Under Note (10%) 5,000.00 3. 4. 5. 250.00 13,022.98 1,827.30 Total Amount $20, I 00.28 Dated: June 16, 2006 Barbara Sumple-Sullivan, Esquire Attorney for Plaintiff 549 Bridge Street New Cumberland, P A 17070-1931 (717) 774-1445 Supreme Court J.D. No. 32317 JUDGMENT AND ASSESSMENT OF DAMAGES I assess damages as above and judgment is entered for Plaintiff and against Defendants in the amount of $20, 100.28, plus interest after judgment at the rate of$_ per di~ t;~h~mb~a:d~ CBY: ~0~9fCll-AA.!b~ Clerk or Deputy ~ a .-- ~'i -Cl 6 -. ...:r ~ ~ ~ ~ ~ J:: t;} ~ -,"'j r;:, ~"j-1 ~ ::t~ f\\f,,~~_. ~::" , :- '~r:\lq' -0'" ~?, e::', .' -r :"';-;~;f. - -' )' ':;::'A -.....,'j> -1:J - :-<. ....l " ';" ~,/ $20.000.00 O~ <)i-Nt( {!/oi~-, June 1,2001 { Pennsylvania JUDGMENT NOTE "~ /' FOR VALUE RECEIVED AND INTENDING TO BE LEGALLY BOUND, I, Kevin P .HYtl~promise to p~ Barbara Sump Ie-Sullivan, Esquire (and her heirs, personal representatives, and permitted assigns) the principal amount of TWENTY THOUSAND DOLLARS ($20,000.00). I agree to pay fifty-nine (59) equal monthly installments of TWO HUNDRED DOLLARS and 00/100 ($200.00), due on or before the fifteenth of each month beginning on June 15,2001. A balloon payment for the remaining balance of THIRTEEN THOUSAND TWENTY-TWO DOLLARS and 98/100 ($13,022.98) shall be due on the fifteenth day of the sixtieth (60th) month. An amortization sheet is attached hereto and incorporated herein by ~' ,., ;.( re!-~Ie~c~. ; ":'.; _ ':r~,<,,::~ .~ ,.~ r"': . )\ -~, -6":",.1 . '" . ". . ". 'l~-''''j ........-i " ' " ^. >.' '~~ . .~" .' '\~ .. '~"..~~,; ':,.., .,~ ,~ ",,~J ::~';~i~i1 to paYlsald -sum withirrfifteen (15) days after its due date, I shall pay an '."::~ '" ~,~/.:.~,~~,~~~~~,~ ~~ve (5%) J:e,~~~;t oftm~,p~yment as a late charge penalty. ~ ! :Ar1~J.'-i,..-Gt',o,: ,. :_ _::j' . ,'1 ;;'f!"'li.f,~~",~i,!~-:$"Z(;~1.0(, : 'i: , . i "~'''"",' . ~'" i , ':... ,JU;. !\:,~r,,,,";-:jK" >", ..l)f).1,)c " ",' ,'." """" __ " -,".""Hi,,:,,,,' -.i'--"":~",,,.,- I 'I, , - ';'f~':~~,:""", "URl'lI~, SECURE THE PAYMENT, the undersigned hereby irrevocably i! ,- \'-'" __ 'J".b/,UIi. .'",. ''''~'''-'~' " '..",..:r........11!lIo" . ,.", , ' 4~'_'''.~:'M'r.'~~.r~.':_:''''~''''':',_ __ " .);:t,au9.,imli!herebY empower Barbara Sumple-Sullivan, Esquire, to appear forme before any --t.~),'- !,~ ;:~..tJ~., ';{ ~7'~~'pi, '_, _' ',_, ", ~ ,"~', "~'~' .,",,1'1 . Protlio~o...~i,' Clerlrjjf Attorney of~y Court of Record within the United:,ci.<fes or elsewhere '~" ',' '", -J '''''",,'' _,'_ "--'~~iS,':' ". 'I,." ,-" -'. -- " ~ ,.,' "',.,,:~' ' and, with or witho~;defalcation, confess judgment against me at any tirne~i~'times, and in her It. ~; .. faVor or the holder of this Note for the above sum, plus costs of suit, interest lit th\!l rate often .. .", (10%) percent per annum from date payment is due and continuing after confession, and with ten percent (10%) as reasonable attorneys' fees for violation of any of the provisions of this Note. For so doing, this Note or a copy hereof verified by affidavit shall be a sufficient to warrant. I hereby release all errors and expressly waive all rights and relief from all appraisement of any property upon which is levied; right of exemption or stay of execution of any laws of any State now in force or hereafter to be passed; right of any inquisition of appeal and release of errors; and any right of further protest of this Note. This Note and the effectiveness of its terms shall be governed by the laws of the Commonwealth of Pennsylvania. The undersigned and all endorsers severally waive demand, presentment, notice of dishonor, diligence in collection, and notice of protest and agree to all extensions and partial payments before or after maturity without prejudice to the holder. No single exercise of the foregoing warrant and power to confess judgment shall be deemed to exhaust the power, whether or not any such exercise shall be held by any court to be invalid, voidable, or void, but the power shall continue undiminished and may be exercised from time to time as often as the holder thereof shall elect until all sums payable or that may become payable hereunder by the undersigned have been paid in full. Waiver of any default shall not constitute waiver of any subsequent default. This obligation shall bind the undersigned and any guarantors, sureties, and endorsers and their heirs, executors, administrators, successors, and assigns. I hereby consent to venue in the Court of Common Pleas in Cumberland County, 2 .. " e:. Pennsylvania. Protest Waived. I acknowledge that I understand that the provision for confession of judgment and I waive any right to notice or a hearing which I might otherwise have before entry of judgment. IN WITNESS WHEREOF, and intending to be legally bound hereby, I execute this Note effective as of the day, month, and year first above written. WITNESS: ~ p/AM' Kevin ~yde STATEOF ~P\l~~ IVOI"'I^a COUNTYOFCli'W'k~l~ ) ) SS. ) Before me, the undersigned officer, a Notary Public in and for said Commonwealth and County, personally appeared Kevin P. Hyde, who being duly affirmed according to law, deposes and says that the facts and matter set forth in the within and foregoing Judgment Note are true and correct to the best of his knowledge, information and belief. Affirmed and subscribed to before me this ~ day of }\JIt(" , 2001. ~ NOTARY PUBLIC My commission expires: (SEAL) Notari8ISe8I w..m D. WlenMn. NoWy PuIlIlc _c...ot. Io...._~~ MyC"....J lIon ElcpINe Sept. 15. Men'Il8r, i'\msytv8nta __ ...", 01 H*!188 3 Pmt# 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 . , .,'. . Orig Balance Orig Rate $20,000 6.00% Date YrRate P&I Payment Principal Interest Extra Prin New Balance May.ol $20.000.00 Jun-Ol 6.00% $200.00 $100.00 $100.00 $0.00 $19,900.00 $100.00 Jul-Ol 6.00% $200.00 $100.50 $99.50 $0.00 $19,799.50 $199.50 Aug.ol 6.00% $200.00 $101.00 $99.00 $0.00 $19.698.50 $298.50 Sep-Ol 6.00% $200.00 $101.51 $98.49 $0.00 $19,596.99 $396.99 Oct.o1 6.00% $200.00 $102.02 $97.98 $0.00 $19,494.97 $494.97 Nov.ol 6.00% $200.00 $102.53 $97.47 $0.00 $19.392.44 $592.44 Dec-01 6.00% $200.00 $103.04 $96.96 $0.00 $19,289.40 $689.40 Jan.o2 6.00% $200.00 $103.55 $96.45 $0.00 $19,185.85 $785.85 Feb-02 6.00% $200.00 $104.07 $95.93 $0.00 $19,081.78 $881.78 Mar~02 6.00% $200.00 $104.59 $95.41 $0.00 $18,977.19 $977.19 Apr.o2 6.00% $200.00 $105.11 $94.89 $0.00 $18,872.08 $1,072.08 May-02 6.00% $200.00 $105.64 $94.36 $0.00 $18,766.44 $1,166.44 Jun.o2 6.00% $200.00 $106.17 $93.83 $0.00 $18,680.27 $1,260.27 Jul.o2 6.00% $200.00 $106.70 $93.30 $0.00 $18,553.57 $1,353.57 Aug-02 6.00% $200.00 $107.23 $92.77 $0.00 $18,446.34 $1,446.34 Sep.o2 6.00% $200.00 $107.77 $92.23 $0.00 $18,338.57 $1,538.57 Oct.o2 6.00% $200.00 $108.31 $91.69 $0.00 $18,230.26 $1,630.26 Nov.o2 6.00% $200.00 $108.85 $91.15 $0.00 $18,121.41 $1,721.41 Dec-02 6.00% $200.00 $109.39 $90.61 $0.00 $18,012.02 $1,812.02 Jan.o3 8.00% $200.00 $109.94 $90.06 $0.00 $17,902.08 $1,902.08 Feb-03 8.00% $200.00 $110.49 $89.51 $0.00 $17,791.59 $1.991.59 Mar.o3 6.00% $200.00 $111.04 $88.96 $0.00 $17,680.55 $2,080.55 Apr.o3 6.00% $200.00 $111.60 $88.40 $0.00 $17,568.95 $2,168.95 May.o3 6.00% $200.00 $112.16 $87.84 $0.00 $17,456.79 $2,256.79 Jun.o3 6.00% $200.00 $112.72 $87.28 $0.00 $17,344.07 $2.344.07 Jul-03 6.00% $200.00 $113.28 $86.72 $0.00 $17.230.79 $2,430.79 Aug.o3 6.00% $200.00 $113.85 $66.15 $0.00 $17,116.94 $2,516.94 Sep.o3 6.00% $200.00 $114.42 $85.58 $0.00 $17,002.52 $2.602.52 Oct.o3 6.00% $200.00 $114.99 $85.01 $0.00 $16.887.53 $2.687.53 Nov-03 6.00% $200.00 $115.56 $84.44 $0.00 $16,771.97 $2,771.97 Oec-03 6.00% $200.00 $116.14 $83.86 $0.00 $16,655.83 $2.855.83 Jan.o4 6.00% $200.00 $116.72 $83.28 $0.00 $16,539.11 $2.939.11 Feb-04 6.00% $200.00 $117.30 $82.70 $0.00 $16,421.81 $3,021.81 Mar-04 6.00% $200.00 $117.89 $82.11 $0.00 $16,303.92 $3,103.92 Apr-04 6.00% $200.00 $118.48 $81.52 $0.00 $16,185.44 $3.185.44 May.o4 6.00% $200.00 $119.07 $80.93 $0.00 $16,066.37 $3,266.37 Jun-04 6.00% $200.00 $119.87 $80.33 $0.00 $15.946.70 $3,348.70 Jul-04 6.00% $200.00 $120.27 $79.73 $0.00 $15,826.43 $3,426.43 Aug.o4 6.00% $200.00 $120.87 $79.13 $0.00 $15,705.56 $3,505.56 Sep-04 6.00% $200.00 $121.47 $78.53 $0.00 $15,584.09 $3,584.09 Oct-04 6.00% $200.00 $122.08 $77.92 $0.00 $15.462.01 $3,662.01 Nov.o4 6.00% $200.00 $122.69 $77.31 $0.00 $15,339.32 $3,739.32 Dec-04 6.00% $200.00 $123.30 $76.70 $0.00 $15,216.02 $3,818.02 Jan-05 6.00% $200.00 $123.92 $76.08 $0.00 $15.092.10 $3,892.10 Feb.o5 6.00% $200.00 $124.54 $75.46 $0.00 $14,967.56 $3,967.56 Mar.o5 6.00% $200.00 $125.16 $74.84 $0.00 $14,842.40 $4,042.40 Apr.o5 6.00% $200.00 $125.79 $74.21 $0.00 $14.716.61 $4,118.61 May-05 6.00% $200.00 $126.42 $73.58 $0.00 $14,590.19 $4,190.19 Jun.o5 6.00% $200.00 $127.05 $72.95 $0.00 $14,463.14 $4,263.14 J ul.o5 6.00% $200.00 $127.68 $72.32 $0.00 $14,335.46 $4.335.46 Aug.o5 6.00% $200.00 $128.32 $71.68 $0.00 $14.207.14 $4,407.14 Sep-05 6.00% $200.00 $128.96 $71.04 $0.00 $14.078.18 $4,478.18 Oct.o5 6.00% $200.00 $129.61 $70.39 $0.00 $13,948.57 $4.548.57 Nov-DS 6.00% $200.00 $130.26 $69.74 $0.00 $13.818.31 $4,618.31 Dec-05 6.00% $200.00 $130.91 $69.09 $0.00 $13.687.40 $4,887.40 Jan.06 6.00% $200.00 $131.56 $88.44 $0.00 $13,555.84 $4,755.84 Feb-06 8.00% $200.00 $132.22 $67.78 $0.00 $13,423.62 $4.823.62 Mar-D6 6.00% $200.00 $132.88 $67.12 $0.00 $13.290.74 $4,890.74 Apr-06 6.00% $200.00 $133.55 $66.45 $0.00 $13,157.19 $4,957.19 May-06 6.00% $200.00 $134.21 $65.79 $0.00 $13,022.98 $5,022.98 (JUICK I aSK 0 ....> C) c::l c- c.:::" -n '-'..~ <.- -\ --c , i ::I:-:!] n ~:::: rn t:: - -....\~~_: , , '--> er- , , __.1 , " ~" " ::'J --,'" CO) CJ 1'1 - __1. )::" ,---:l - ~ .~- --l ., . . , EXPLANATION OF RIGHTS FOR JUDGMENT NOTE DATED JUNE 1, 2001 ~ 01.. - .11./l/9 e~; L fh~l A. I, Kevin P. Hyde (hereinafter "Obligor") clearly and specifically understand that by signing a Note dated June 1, 2001, in the amount of TWENTY THOUSAND DOLLARS ($20,000.00) payable to Barbara Sumple-Sullivan, Esquire (hereinafter "Obligee") which contains a Confession of Judgment Clause: 1. Obligor authorizes Obligee (Plaintiff, Creditor) to enter a Judgment against Obligor in favor of Obligee which will give Obligee a lien upon any real estate which Obligor may own, including Obligator's home; 2. Obligor gives up the right to any notice or opportunity to be heard prior to the entry of judgment on the records of the Court; 3. Obligor agrees that Obligee (Plaintiff, Creditor) can enter this Judgment without any proof of non-payment or other default on Obligor's part; 4. Obligor will subject all of Obligor's property, both personal property and real estate, to execution (and Sheriff's sale); pursuant to this Judgment, prior to proof of non- payment or other default on Obligor's part; 5. Obligor will be unable to challenge this Judgment, should the Plaintiff enter it, except by a proceeding to open or to strike the Judgment; and such proceeding will c. result in attorneys' fees and costs which Obligor will have to pay. B. Obligor knows and understands that it is the Confession of Judgment clause in the above-described Note which gives Obligee (Plaintiff, Creditor) the rights enumerated in sub- paragraph I through 5 of paragraph "A" above. IF OBLIGOR DOES NOT SIGN A NOTE WHICH CONTAINS A CONFESSION OF JUDGMENT CLAUSE, OBLIGOR UNDERSTANDS THAT OBLIGATOR WOULD HAVE THE FOLLOWING I. The right to have notice and an opportunity to be heard prior to Judgment; 2. The right to have the burden of proving default rest upon Obligee before Obligor's property can be exposed to execution; and 3. The right to avoid the additional expense of attorneys' fees and costs incident to opening or striking off a Confession Judgment. C. Fully and completely understanding these rights which I have prior to signing the above-described Note, and clearly aware that these rights will be given up, waived, relinquished and abandoned in sign the Note, I nevertheless freely and voluntarily choose to sign the Note, my intention being to give up, waive, relinquish and abandon my known rights and subject myself to the circumstance described in Paragraph "A" above. 2 ,'. ',~ D. The undersigned Obligor hereby certifies that he, signatory to a Note dated June 1, 200 I, in favor of Obligee, which has a Confession of Judgment clause, have earnings of $10,000.00 or more per year. WITNESS: ~ ~~dft Kevin P:1Iyde ' STATE OF ~<"~\I\~'1 \VQ. r-:OJ COUNTY OF C11W1 ~ ~(()I to' ) ) SS. ) Before me, the undersigned officer, a Notary Public in and for said Commonwealth and County, personally appeared Kevin P. Hyde, who being duly affirmed according to law, deposes and says that the facts and matter set forth in the within and foregoing Explanation of Rights for Judgment Note Dated June 1, 2001 are true and correct to the best of his knowledge, information and belief. Affirmed and subscribed to before me this U ~ day of J'\IIN' ,2001. ~ NOTARY PUBLIC My commission expires: (SEAL) NolariIII SeaJ WIIIl8m 0. WIermen, Notary PubIc ---IIonI,__CounIy My eom,..1I810n ElcpINa Sept. 15,2004 Member, PennsyfVlnlB A8BocIBtIon at NolBriBs 3 n ~ ( -.. -< "" C:_"} c:::> c;..... o .;.n .oj m~ -:8t! '- s 0' ;"-:c; ~=' -:1 c'-::; :~rn ;~ '-< --.) c:> Barbara Sump]e-SulJivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, P A 17070 (717) 774-]445 BARBARA SUMPLE-SULLIV AN, Plaintiff v. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : NO. CI-~..]qI.{9 d"u,L '7-~ KEVINP. HYDE, Defendant AFFIDAVIT I, Barbara Sump Ie-Sullivan, Esquire, hereby declare and state that the Judgment dated June I, 2001, again Kevin P. Hyde in the amount of Twenty Thousand Dollars ($20,000.00) is not being entered by confession against a natural person in connection with a consumer credit transaction. I hereby certify that the facts set forth above are true and correct to the best of my knowledge, information and belief. I understand that any false statements made herein are subject to penalties of 18 Pa. C.S.A. ~4904 relating to unsworn falsificatio 0 authorities. Dated: June 16,2006 Barbara Sumple-Sullivan, Esquire < 549 Bridge Street New Cumberland, P A 17070 (717) 774-1445 Supreme Court #32317 r-.> = c::-;~ 0' '- S::,: -- C) .1 ..... X.." J:~~~~ ~~~ '~'S~:; cr; --n - .. ~41:\'i -row '::0 -< CD o Barbara Sump1e-Sullivan, Esquire Supreme Court #323] 7 549 Bridge Street New Cumberland, P A ] 7070 (717) 774-]445 BARBARA SUMPLE-SULLIV AN, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 0(.- .JlfC{9 C/f.JI'r.. '7-~1 KEVINP. HYDE, Defendant CERTIFICATE I, Barbara Sumple-Sullivan, Esquire, do hereby certify the following: 1. The place of business of Barbara Sumple-Sullivan, Esquire, is 549 Bridge Street, New Cumberland, Cumberland County, Pennsylvania 17070; 2. The mailing address of Kevin P. Hyde is P.O. Box 27, Eagle Bridge, New York 17057; and 3. The mailing address of Kevin P. Hyde's attorney in this matter is Edward J. Gorman, Esquire, Sternberg & Gorman, LLP, 5 Main Street, P.O. Box 68, Hossick Falls, New York 12090 I hereby certify that the facts set forth above are true and correct to the best of my knowledge, information and belief. I understand that any false statements made herein are subject to penalties of 18 Pa. C.S.A. ~4904 relating to unsworn falsificati Dated: June 16,2006 Barbara Sump Ie-Sullivan, Esquire 49 Bridge Street New Cumberland, P A 17070 (717) 774-1445 Supreme Court #32317 r-' <.;";? c_:) 0' -- CP \;\ .-' ::;:. -c', r~~Si~ ..,\-;" "\Cf --:! .-,-::;- ,>~-~"(\ "J ?;~~ ~i::~ .- -,-., -^ -- .' -- c:>