Loading...
HomeMy WebLinkAbout06-6494 COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION : DOCKETNO,O/. -tA'fl{ c.",L/~ COMMUNITYBANKS, Plaintiff v. : CONFESSION OF JUDGMENT MANUEL E. CORDIERO Defendant : PREVIOUSLY ASSIGNED TO: N/ A CONFESSION OF JUDGMENT Pursuant to the authority contained in the warrant of attorney, the original or a copy of which is attached to the complaint filed in this action, I appear for the Defendant and confess judgment in favor of the Plaintiff and against Defendant as follows: a. b. Principal Interest to November 3, 2006 Attorneys' Fees $7,157.97 $ 30.72 $ 71 R R7 c. TOTAL: $7,907.56, plus interest, other expenses, fees and costs Respectfully submitted, McNees Wallace & Nurick LLC Date: November)' , 2006 By: uff, Esquire preme ourt ill #24848 100 Pine Street, PO Box 1166 Harrisburg, PAl 71 08-1166 (717) 237-5439 Attorneys for Plaintiff, CommunityBanks COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CNIL ACTION : DOCKETNO. ~ -b"9~ {!.t~,L7~ COMMUNITYBANKS, Plaintiff v. : CONFESSION OF JUDGMENT MANUEL E. CORDIERO Defendant : PREVIOUSLY ASSIGNED TO: N/ A COMPLAINT FOR CONFESSION OF JUDGMENT UNDER RULE 2951 1. The Plaintiff, CommunityBanks, is a Pennsylvania banking institution organized and existing under the laws of the Commonwealth of Pennsylvania with a principal regional office located at 1001 Sharp Avenue, Ephrata, Pennsylvania 17522 ("Bank"). 2. The Defendant, Manuel E. Cordiero, is an adult individual whose last known address is 505 Leeward Lane, Enola, Pennsylvania 17025 (the "Defendants"). 3. Defendant executed and delivered ,to Plaintiff an Unlimited Continuing Guaranty (the "Guaranty"), a true and correct photostatic reproduction of the original showing the Defendants' signatures is attached hereto as Exhibit "A" and made part hereof. 4. Under the Guaranty, Defendant ,guaranteed to Plaintiff the payment of all amounts due to Plaintiff by Gardenia Landscaping Services, Inc. ("Debtor") under the Commercial Fixed Rate Promissory Note and Security Agreement dated January 16, 2004, in the original principal amount of Twenty-Three Thousand Eight Hundred Seventy-Four and 67/100 Dollars ($23,874.67) :';'l,~." ' (the "Note"), a true and correct photostatic reproduction of the original is attached hereto as Exhibit "B" and made part hereof. 5. Debtor is in default of Debtor's obligations to make payment to Plaintiff as required in the Note and Defendant is in default of Defendants' obligations to make payment to Plaintiff under the Guaranty. 6. As a result of Debtor's and Defendants' defaults, Plaintiff has accelerated payment of all outstanding amounts as provided in the Note, which are now due in full. 7. Judgment is not being entered by confession against a natural person in connection with a consumer credit transaction. 8. There has not been any assignment of the Guaranty or the Note. 9. Judgment has not been entered on the Guaranty in any jurisdiction. 10. An itemized computation of the amount due to Plaintiff by Defendant as a result of Defendants' default under the Guaranty is as follows: a. b. Principal Interest to November 3,2006 Attorneys' Fees TOTAL: $7,157.97 $ 30.72 $ 71 R R7 $7,907.56 c. 11. Interest continues to accrue at the rate of $1.74 per day. WHEREFORE, Plaintiff, CommunityB~~, demands judgment against the Defendant, Manuel E. Cordiero, in the amount of Seven Thousand Nine Hundred Seven and 56/100 Dollars ($7,907.56), plus interest at the rate of $1.74 per day through the date of payment, including on and after the date of entry of judgment on this Complaint, and for other expenses, fees and costs to which the Plaintiff may be entitled. ,...J Respectfully submitted, McNees Wallace & Nurick LLC Date: Novemb~ 2006 Goo . Shuff, Esquire reme Court ill #24848 100 Pine Street, PO Box 1166 Harrisburg, P A 17108-1166 (717) 237-5439 Attorneys for Plaintiff, CommunityBanks COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION COMMUNlTYBANKS, Plaintiff : DOCKET NO. v. : CONFESSION OF JUDGMENT MANUEL E. CORDIERO Defendant : PREVIOUSLY ASSIGNED TO: N/A VERIFICATION I, Raymond Granger, Special Assets, for CommunityBanks, being authorized to do so on behalf of CommunityBanks, hereby verifY that the statements made in the foregoing pleading are true and correct to the best of my infonnation, knowledge and belief I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. COMMUNITY BANKS Date:j/) OV~~ >/ /VOl, By. ~~~ g8ym ger Speci8l s Communit'lBanks 150 Market Square Millersburg, PA 17061 "LENDER" UNLIMITED CONTINUING GUARANTY $QRRQWI;R<. . Gardenia Landscaping Services, Inc. Manuel E. Cordero Enola, PA 17025 Harrisburg, PA "'I'1rt.EP@i\ii!j\j(j{.... 17111 ..IPi!i\i'iili'il::AtI(iNNQi 1. CONSIDERATION. This Guaranty is being executed to induce Lender, indicated above, to enter into one or more loans or other financial accommodations with or on behalf of Borrower. 2. GUARANTY. Guarantor hereby unconditionally guarantees the prompt and full payment and performance, and promises to pay all of Borrower's present and future, joint and/or several, direct and indirect, absolute and contingent, express and implied, indebtedness, liabilities, obligations and covenants (cumulatively "Indebtedness") to Lender when due (whether upon maturity or by demand, acceleration or otherwise). Guarantor's liabilities and obligations under this Guaranty ("Obligations") shall be unlimited and shall include all present and future written agreements between Borrower and Lender (whether executed for the same or different purposes than the foregoing), evidencing the Indebtedness, together with all interest and all of Lender's expenses and costs, including but not limited to reasonable attorney's fees incurred in connection with the Indebtedness including any amendments, extensions, modifications, renewals, replacements or substitutions thereto, including, but not limited to, the following Indebtedness: 3. SECURITY INTEREST. D If checked, the Obligations under this Guaranty are secured by the collateral described in any security instrument(s) executed in connection with this Guaranty and any collateral described in any other security instrument(s) securing this Guaranty or all of Guarantor's obligations. - -.. - -. u"""" ~"~"'ntm'" Ohlioations are absolute and continuing and shall not be affected or impaired if . -- --...~~+ r;nhk in imoairs or releases any , :1 (g), to exercise all other rights available to Lendl.....~>del'clIiy other written agreement or applicable law. Lender's rights are cumulative and may be exercised together, or separately, and in any order. Lender's ren. .es under this paragraph are in addition to those available at common law, including, but not limited to the right to set-off. 10. SUBORDINATION. The payment of any present or future indebtedness of Borrower to Guarantor will be postponed and subordinated to the payment in full of any present or future Indebtedness of Borrower to Lender during the term of this Guaranty. In the event that Guarantor receives any monies, instruments, or other remittances to be applied against Borrower's obligations to Guarantor, Guarantor will hold these funds in trust for Lender and immediately endorse or assign (if necessary) and deliver these monies, instruments and other remittances to Lender. Guarantor agrees that Lender shall be preferred to Guarantor in any assignment for the benefit of Borrower's creditors in any bankruptcy, insolvency, liquidation, or reorganization proceeding commenced by or against Borrower in any federal or state court. 11. INDEPENDENT INVESTIGATION. Guarantor's execution and delivery to Lender of this Guaranty is based solely upon Guarantor's independent investigation of Borrower's financial condition and not upon any written or oral representation of Lender in any manner. Guarantor assumes full responsibility for obtaining any additional information regarding Borrower's financial condition and Lender shall not be required to furnish Guarantor with any information of any kind regarding Borrower's financial condition. 12. ACCEPTANCE OF RISKS. Guarantor acknowledges the absolute and continuing nature of this Guaranty and voluntarily accepts the full range of risks associated herewith including, but not limited to, the risk that Borrower's financial condition shall deteriorate or, if ,this Guaranty is unlimited, the risk that Borrower shall incur additional Indebtedness to Lender in the future. 13. SUBROGATION. Guarantor hereby irrevocably waives and releases the Borrower from all "claims" (as defined in Section 101 (5) of the Bankruptcy Code) to which Guarantor is or would, at any time, be entitled by virtue of its obligations under this Guaranty, including, without limitation, any right of subrogation (whether contractual, under Section 509 of the Bankruptcy Code or otherwise), reimbursement, contribution, exoneration or similar right against the Borrower, any co-guarantor, any third party or any Collateral. 14. APPLICATION OF PAYMENTS. Lender will be entitled to apply any payments or other monies received from Borrower, any third party, or any collateral against Borrower's present and future Indebtedness to Lender in any order. 15. TERMINATION. This Guaranty shall remain in full force and effect until Lender executes and delivers to Guarantor a written release thereof. Notwithstanding the foregoing, Guarantor shall be entitled to terminate any unlimited guaranty of Borrower's future Indebtedness to Lender following any anniversary of this Guaranty by providing Lender with sixty (60) or more days' written notice of such termination by hand-delivery or certified mail. Notice shall be deemed given when received by Lender. Such notice of termination shall not affect or impair any of the agreements and Obligations of the Guarantor under this Guaranty with respect to any Indebtedness existing prior to the time of actual receipt of such notice by Lender, any extensions, modifications, amendments, replacements or renewals thereof, and any interest on any of the foregoing. 16. ASSIGNMENT. Guarantor agrees not to assign any of Guarantor's rights or Obligations described in this Guaranty without Lender's prior written consent which consent may be withheld by Lender in its sole discretion. Guarantor agrees that Lender is entitled to assign some or all of its rights and remedies described in this Guaranty without notice to or the prior consent of Guarantor in any manner. Unless the Lender shall otherwise consent in writing, the Lender shall have an unimpaired right, prior and superior to that of any assignee, to enforce this Guaranty for the benefit of the Lender, as to those Obligations that the Lender has not assigned. 17. MODIFICATI,ON AND WAIVER. The modification or waiver of any of Guarantor's Obligations or Lender's rights under this Guaranty must be contained in a writing signed by Lender. Lender may delay in exercising or failing to exercise any of its rights without causing a waiver of those rights. A waiver on one occasion shall not constitute a waiver on any other occasion. 18. SUCCESSORS AND ASSIGNS. This Guaranty shall be binding upon and inure to the benefit of Guarantor and Lender and their respective successors, assigns, trustees, receivers, administrators, personal representatives, legatees, and devisees. 19. NOTICE. Any notice or other communication to be provided under this Guaranty shall be in writing and sent to the parties at the addresses described in this Guaranty or such other addresses as the parties may designate in writing from time to time. 20. SEVERABILITY. If any provision of this Guaranty is invalid, illegal or unenforceable, the validity, legality, and enforceability of the remaining provisions shall not in any way be affected or impaired thereby. 21. APPLICABLE LAW. This Guaranty shall be governed by the laws of the state indicated in Lender's address. Unless applicable law provides otherwise, Guarantor consents to the jurisdiction and venue of any court located in such state selected by Lender, in its discretion, in the event of any legal proceeding under this Guaranty. 22. COLLECTION COSTS. To the extent permitted by law, Guarantor agrees to pay Lender's reasonable fees and costs, including, but not limited to, an attorney's commission of 5% of the total amount then due fees and costs of attorneys and other agents (including without limitation paralegals, clerks and consultants) whether or not any attorney or agent is an employee of Lender, which are incurred by Le.nder in collecting anya.mount due or en!orcing .any right or remedy under this Guaranty, including, but not limited to, all fees and costs incurred on appeal, In bankruptcy, for post-Judgment collection actions, and whether or not suit is brought. - ------..~A...,I"\""c, t"ll= nUARANTOR. Guarantor acknowledges receipt of reasonably equivalent value in consideratio~ for th~ e~~.cutio~ of ~his - '. ....- .~,. ...,~rl",t V<lhIA of Guarantor's assets exceeds Guarantors total liabilities, Including . -...-- ~~... +h~t nllM<lntor does not have ~Ql'tFlQWg _~-,enia Landscaping Services, Inc J~ COMMERCIAL FIXED RATE PROMISSORY NOTE AND SECURITY AGREEMENT Communit'lBanks 150 Market Square MilJersburg, PA 17061 "LENDER" 30 6.750 % $23,874.67 Drive 17111 . . .. lpef.j'tiAej('tiClNNO;. Refinance loan from Ford Motor Company PROMISE TO PAY: For value received, Borrower promises to pay to the order of Lender the principal amount of Eiqht Hundred Seventy Four and 67/100 Dollars ($ 23 , 874.67 ) plus interest on the unpaid principal balance at the rate and in the manner described below, until all amounts owing under this Note are paid in full. All amounts received by Lender shall be applied first to accrued, unpaid interest, then to unpaid principal, and then to any late charges and expenses, or in any other order as determined by Lender, in Lender's sole discretion, as permitted by law. INTEREST RATE: Interest shall be computed on the basis of the actual number of days over 360 days per year. Interest on this Note shall be calculated and payable at the fixed rate of 6 . 750 % per annum. DEFAULT RATE: Ifthere is an Event of Default under this Note, the Lender may, in its discretion, increase the interest rate on this Note to: Ra te in effect at time of maturity plus two percent (2%). or the maximum interest rate Lender is permitted to charge by law, whichever is less. PAYMENT SCHEDULE: Borrower shall pay the principal and interest according to the following schedule: 47 payments of $570.00 beginning February 16, 2004 and continuing at monthly time intervals thereafter. A final payment of the unpaid principal balance plus accrued interest is due and payable on January 16, 2008. DEMAND FEATURE: 0 If checked, this Note contains a demand feature. Lender's right to demand payment, at any time, and from time to time, shall be in Lender's sole and absolute discretion, whether or not any default has occurred. PREPAYMENT: This Note may be prepaid in part or in full on or before its maturity date. If this Note contains more than one installment, any partial prepayment will not affect the due date or the amount of any subsequent installment, unless agreed to, in writing, by Borrower and Lender. If this Note is prepaid in full, there will be: I!J No minimum finance charge or prepayment penalty. 0 A minimum finance charge of $ . 0 A prepayment penalty of: . '- ---_:.w~ ......".., th,m 10_days late, Borrower will be charged a late charge of: 0 "- -I. .I.L.._ 1....+.... rV:::lI\trnont whichever is % of the unpaid amount ~ater [Thss. /^'"t, . : i TERMS AND CONDITIONS 1. REP51ESENTATIONS, WARRANTIES AND COVENA~'" Lorrower represents, warrants and covenants to Lender \~ (a) OWNERSHIP. Borrower is and shall remain the sol~ 'er of the Collateral. , (b) INSURANCE. The Collateral will be kept insured fl,"'~~ full value against all hazards including loss or damage co.;:~".Jed by fire, flood, collision, theft or other casualty. If the Collateral consists of a motor vehicle, Borrower will obtain comprehensive and collision coverage in amounts at least equal to the actual cash value of the vehicle with deductibles not to exceed $ 0 . 00 . Insurance coverage obtained by Borrower shall be from a licensed insurer subject to Lender's approval. Borrower shall assign to Lender all rights to receive proceeds of insurance not exceeding the amount owed under the Obligations described above, and direct the insurer to pay all proceeds directly to Lender. The insurance policies shall require the insurance company to provide Lender with at least n/ a days' written notice before such policies are altered or canceled in any manner. The insurance policies shall name Lender as a loss payee and provide that no act or omission of Borrower or any other person shall affect the right of Lender to be paid the insurance proceeds pertaining to the loss or damage of the Collateral. In the event Borrower fails to acquire or maintain insurance, Lender (after providing notice as may be required by law) may in its discretion procure appropriate insurance coverage upon the Collateral and charge the insurance cost as an advance of principal under the Note. Borrower shall furnish Lender with evidence of insurance indicating the required coverage. In order to protect its interests in the Collateral and its rights under this Agreement, Lender may file, negotiate and settle claims under insurance policies, cancel any policy, and endorse and disburse any draft or negotiable instrument drawn by any Insurer. Lender's exercise of these rights shall be solely for Lender's benefit. Lender is not Borrower's agent or fiduciary. (c) USE/MAINTENANCE. Borrower shall use the Collateral solely in the ordinary course of business, for the usual purposes intended by the manufacturer (if applicable), with due care, and in compliance with the laws, ordinances, regulations, requirements and rules of all federal, state, county and municipal authorities including environmental laws and regulations and insurance policies. Borrower shall not make any alterations, additions or improvements to the Collateral without the prior written consent of Lender. Borrower shall ensure that Collateral which is not now a fixture does not become a fixture. Without limiting the foregoing, all alterations, additions and improvements made to the Collateral shall be subject to the security interest belonging to Lender, shall not be removed without the prior consent of Lender, and shall be made at Borrower's sole expense. Borrower shall take all actions and make any repairs or replacements needed to maintain the Collateral in good condition and working order. (d) BORROWER'SLOCATION. Borrower's location (Borro\Xer's place of organization, principal place of business or, if more than one place of business, chief executive office, or principal residence) is in the state of PennsylvanJ.a . Borrower shall not change its state of location without first notifying Lender in writing. (e) LOCATION OF COLLATERAL. Unless Lender has possession or control of the Collateral, the Collateral will be kept at the address described above. Unless the Collateral consists of a motor vehicle, Borrower will not remove the Collateral for more than thirty (30) days from this address without the prior written consent of Lender. Borrower shall immediately advise Lender in writing of any change in or addition to the foregoing address. (f) TAXES AND ASSESSMENTS. Borrower shall execute and file all tax returns and pay all taxes, licenses, fees and assessments relating to its business operations and the Collateral in a timely manner. (g) FINANCING STATEMENTS. Borrower shall at any time and from time to time take all actions and execute all documents required by Lender to attach, perfect and maintain Lender's security interest in the Collateral and establish and maintain Lender's right to receive the payment of the proceeds of the Collateral including, but not limited to, executing any financing statements, continuation statements, notices of security interest and other documents required by the Uniform Commercial Code, presently or as hereafter amended or replaced, and other applicable law. Borrower shall pay the costs of filing such documents in all offices wherever filing or recording is deemed by Lender to be necessary or desirable. (h) OTHER. The Collateral is and shall at all times remain free of all tax and other liens, security interests, encumbrances and claims of any kind except for those belonging to Lender. Borrower shall defend the Collateral against all claims and demands of all persons at any time claiming any interest therein. No action or proceeding is pending against Borrower which might result in any material or adverse change in its business operations or financial condition or materially affect the Collateral. Borrower has not violated and shall not violate any applicable federal, state, county or municipal statute, regulation or ordinance which may materially and adversely affect its business operations 2. EVENTS OF DEFAULT. An Event of Default will occur under this Note in the event that Borrower or any guarantor: (a) fails to make any payment on this Note or any other indebtedness to Lender when due; (b) fails to perform any obligation or breaches any warranty or covenant to Lender contained in this Note, any security instrument, or any other present or future written agreement regarding this or any other indebtedness of Borrower to Lender; (c) provides or causes any false or misleading signature or representation to be provided to Lender; (d) sells, conveys, or transfers rights in any collateral securing this Note without the written approval of Lender; destroys, loses or damages such collateral in any material respect; or subjects such collateral to seizure, confiscation or condemnation; (e) has a garnishment, judgment, tax levy, attachment or lien entered or served against Borrower or any guarantor or any of their property; (f) dies, becomes legally incompetent, is dissolved or terminated, ceases to operate its business, becomes insolvent, makes an assignment for the benefit of creditors, fails to pay debts as they become due, or becomes the subject of any bankruptcy, insolvency or debtor rehabilitation proceeding; (g) allows the Collateral to be used by anyone to transport or store goods, the possession, transportation, or use of which, is illegal; (h) fails to provide Lender evidence of satiSfactory financial condition; (i) has a majority of its outstanding voting securities sold, transferred or conveyed to any person or entity other than any person or entity that has the majority ownership as of the date of the execution of this Note; or (j) causes Lender to deem itself insecure due to a significant decline in the value of any real or personal property securing payment of this Note, or Lender in good faith, believes the prospect of payment or performance is impaired. 3. RIGHTS OF LENDER ON EVENT OF DEFAULT. If there is an Event of Default under this Note, Lender will be entitled to exercise one or more of the following remedies without notice or demand (except as required by law):.. . . (a) to declare the principal amount plus accrued Interest under thiS Note and all other present and future obligations of Borrower immediately due and payable in full, such acceleration shall be automatic and immediate if the Event of Default is a filing under the Bankruptcy Code; (b) to collect the outstanding obligations of Borrower with or without resorting to jUdicial process; (c) to cease making advances under this Note or any other agreement between Borrower and Lender; (d) to take possession of any collateral in any manner permitted by law; . . Ip) tn aoolv for and obtain, without notice and upon ex parte application, the appointment of a receiver for the Collateral without regard to the Borrower's finanCial condition or - .. . .~,.- --_...~ 'ho n~\lmF'nt nr oerformance of the Obligations, or the existence of any waste to the Collateral; ._.A..._ n..............'''lor >::Inri I Aonr;pr" c (J iQ.. r::~ J::j , '") C) C-:J CJ~ ..,., It: \ ::0 -.... :.,-::l ~ - , I . ~., . ~ hi:::rJ ~ ,- - I ~ ~ "- -I ~ - t1 -tJ ,. --.. ~ (N r '" - ~ .' ~ ~ .. ' AI (--I) .D J 0.:. .< ... ~ COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION : DOCKET NO. Of- -/,Q9l{ e;u~L~~ COMMUNITYBANKS, Plaintiff v. : CONFESSION OF JUDGMENT MANUEL E. CORDIERO Defendant : PREVIOUSLY ASSIGNED TO: N/ A PRAECIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please enter my appearance on behalf of Plaintiff, CommunityBanks. Papers maybe served at the address set forth below. Geoffrey S. Shuff, Esquire, McNees Wallace & Nurick LLC 100 Pine Street, PO Box 1166 Harrisburg, P A 17108-1166 (717) 237-5439 Respectfully submitted, McNees Wallace & Nurick LLC Date: November3, 2006 By: Goo S huff, Esquire preme Court ID #24848 100 Pine Street, PO Box 1166 Harrisburg, PAl 71 08-1166 (717) 237-5439 Attorneys for Plaintiff, CommunityBanks i"-0 .:::::::) ~ Cf"""\ () -n I -1 ( '"', '", ; COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION : DOCKETNO. 0(. -t..1I9'f (?;u'lL't-~ COMMUNITYBANKS, Plaintiff v. : CONFESSION OF JUDGMENT MANUEL E. CORDIERO Defendant : PREVIOUSLY ASSIGNED TO: N/ A CERTIFICATE OF ADDRESSES I hereby certify that the precise address of Plaintiff, CommunityBanks, is 1001 Sharp A venue, Ephrata, Pennsylvania 17522; and that the last known address of the Defendant, Manuel E. Cordiero, is 505 Leeward Lane, Enola, Pennsylvania 17025. Respectfully submitted, McNees Wallace & Nurick LLC Date: November,2, 2006 By: Goo e S. Shuff, Esquire reme Court ill #24848 100 Pine Street, PO Box 1166 Harrisburg, PAl 71 08-1166 (717) 237-5439 Attorneys for Plaintiff, CommunityBanks /'-..) c"::"""..,.') c::.:) (:..J"" o ''-1 .~ I --.l ~ c.....::: ~~ ::0 .-< C,) (..) COMMUNITYBANKS, Plaintiff COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION : DOCKET NO. Ol.. -l.1I'lL.{ (j'ul:r~ v. : CONFESSION OF JUDGMENT MANUEL E. CORDIERO Defendant : PREVIOUSLY ASSIGNED TO: N/ A AFFIDAVIT OF NON-MILITARY SERVICE TO THE PROTHONOTARY: I do certify, to the best of my knowledge, that the Defendant, Manuel E. Cordiero, in the above-captioned action is not presently on, active Qr nonactive military status. Respectfully submitted, McNees Wallace & Nurick LLC Date: NovemberL 2006 By: eolfr y huff, Esquire upreme Court ill #24848 c. .100 Pine Street, PO Box 1166 Harrisburg, P A 17108-1166 (717) 237-5439 Attorneys for Plaintiff, CommunityBanks 1'-':>> ~,'~-::::l ,~';~-:'.., (,'.'.)~ C) "n -""".$ -c; G.) C,,) (..': -- COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CNIL ACTION : DOCKET NO. Ot.. -J.4Cfl.{ e.;u~l'-r~ COMMUNITYBANKS, Plaintiff v. : CONFESSION OF JUDGMENT MANUEL E. CORDIERO Defendant : PREVIOUSLY ASSIGNED TO: N/ A NOTICES IN CONNECTION WITH JUDGMENTS BY CONFESSION REQUIRED BY 42 Pa. C.S.A. S 2737.1 (Act 105 of 2000) To: Manuel E. Cordiero Pursuant to 42 Pa. C.S. ~ 2737.1. please take notice that the Plaintiff in this matter has entered a judgment by confession against you in the amount of $7,907.56, plus interest, other expenses, fees and costs. You are entitled to file a petition to "strike" or "open" the judgment. In order to do so, you must promptly file a petition with the Court of Common Pleas of Cumberland County, Pennsylvania, as required by Rule 2959 of the Pennsylvania Rules of Civil Procedure. You will file a petition by leaving it with the courts or Prothonotary at the courthouse in Carlisle, Cumberland County, Pennsylvania. A petition is a formal statement of your reasons for challenging the judgment. You must include the names of the parties at the top of the first page and the case number, which is shown above. The petition must state your reasons for challenging the judgment is a separate numbered paragraphs. You have to sign the petition and include a sworn statement at the end of the document verifying that the facts you state fll the petition are true and accurate. You will waive any defenses and objections not included in your petition to strike or open. You must therefore make every effort to raise all possible issues and defenses in your petition to strike or open in order to avoid waiving any claims. If you elect to file a petition, it must meet the requirements of Rule 2959 of the Rules of Civil Procedure. A full copy of Rule 2959 is attached to this Notice. You may also have to comply with local rules of procedure in effect in the county where the judgment was entered. If you do not file a petition challenging the judgment, the Plaintiff may take steps to ~ ,-; collect on the judgment by asking the Sheriff to seize your assets. You may have other rights available to you other than as set forth in this notice. You should take this paper to your lawyer at once. If you do not have a lawyer, go to or telephone the office set forth below. This office can provide you with information about hiring a lawyer. -- If you cannot afford to hire a lawyer, this office may be able to provide you with information about agencies that may offer legal services to eligible persons at a reduced fee or no fee. . Cumberland County Bar Association 32 S. Bedford Street Carlisle, P A 17013 (717) 249-3166 Corporations may be unable to represent themselves in court. If the defendants include a corporation, the corporation must appearth,rollgh an attorney if it intends to challenge the judgment. You may receive other papers and notices regarding the judgment. Those other papers do not negate or override this Notice. Likewise, this Notice is not intended to and does not negate any of the notices or information obtained in other papers that may be served upon you. We reiterate that you are required to act promptly if you wish to seek relief from the judgment. Under certain circumstances, you haye only 30 days in which to file a petition after papers are served on you. Even if the 30 day rule does not apply, you must act promptly in order to protect your interests. Failing to act in a 'timely manner will render you unable to challenge the judgment at a later time. Pursuant to 40 Pa. C.S.A. Section 2737.1, if you have been incorrectly identified and had a confession or judgment entered against you, you are entitled to costs and reasonable attorney fees as determined by the court. ' Respectfully submitted, ~ ~'ll McNees Wallace & Nurick LLC Date: November2 2006 By: . Shu ,Esquire Supreme Co ID #24848 100 Pine Street, PO Box 1166 Harrisburg, P A 17108-1166 (717) 237-5439 Attorneys for Plaintiff, CommunityBanks '- Pennsylvania Rule of Civil Procedure 2959 - Strikin2 off Jud2ment (a)(l) Relief from a judgment by confession shall be sought by petition. Except as provided in subparagraph (2), all grounds for relief whether to strike off the judgment or to open it must be asserted in a single petition. The petition may be filed in the county in which the judgment was originally entered, in any county to which the judgment has been transferred or in any other county in which the sheriff has received a writ of execution directed to the sheriff to enforce the judgment. (2) The ground that the waiver of the due process rights of notice and hearing was not voluntary, intelligent and knowing shall be raised only (i) in support of a further request for a stay of execution where the court has not stayed execution despite the timely filing of a petition for relief from the judgment and the presentation of prima facie evidence of a defense; and (ii) as provided by Pennsylvania Rule of Civil Procedure 2958.3 or Rule 2973.3. (3) If written notice is served upon the petitioner pursuant to Rule 2956.l(c)(2) or Rule 2973.l(c), the petition shall be filed within thirty days after such service. Unless the defendant can demonstrate that there were compelling reasons for the delay, a petition not timely filed shall be denied. (b) If the petition states prima facie grounds for relief the court shall issue a rule to show cause and may grant a stay of proceedings. After being served with a copy of the petition the plaintiff shall file an answer on or before the return day of the rule. The return day of the rule shall be fixed by the court by local rule or special order. ( c) A party waives all defenses and objections which are not included in the petition or answer. (d) The petition and the rule to show cause and the answer shall be served as provided in Rule 440. ( e) The court shall dispose of the rule on petition and answer, and on any testimony, depositions, admissions and other evidence. The court for cause shown may stay proceedings on the petition insofar as it seeks to open the judgment pending disposition of the application to strike off the judgment. If evidence is produced which in a jury trial would require the issues to be submitted to the jury the court shall open the judgment. (f) The lien of the judgment or of any levy or attachment shall be preserved while the proceedings to strike off or open the judgment are pending. (2 r--.> c::-~.) <::=-~, (J" C) "f} -~ -c . --.~ (...) C) 0_'. 1 " COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION : DOCKETNO.CX- -1.49t.f (l;v~L '-r~ COMMUNITYBANKS, Plaintiff v. : CONFESSION OF JUDGMENT MANUEL E. CORDIERO Defendant : PREVIOUSLY ASSIGNED TO: N/ A NOTICE UNDER RULE 2958.1 OF JUDGMENT AND EXECUTION THEREON NOTICE OF DEFENDANT'S RIGHTS TO: MANUEL E. CORDIERO A judgment in the amount of $7,907.56, plus interest, other expenses, fees and costs has been entered against you and in favor of the plaintiff without any prior notice or hearing based on a confession of judgment contained in a written agreement or other paper allegedly signed by you. The sheriff may take your money or other property to pay the judgment at any time after thirty (30) days after the date on which this notice is served on you. You may have legal rights to defeat the judgment or to prevent your money or property from being taken. YOU MUST FILE A PETITION SEEKING RELIEF FROM THE JUDGMENT AND PRESENT IT TO A JUDGE WITHIN THIRTY (30) DAYS AFTER THE DATE ON WHICH THIS NOTICE IS SERVED ON YOU OR YOU MAY LOSE YOUR RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. !\ .t, \.. Date: November2 2006 Cumberland County Bar Association 32 S. Bedford Street Carlisle, P A 17013 (717) 249-3166 Respectfully submitted, McNees Wallace & Nurick LLC G ey S. Shuff, Esquire preme Court ill #24848 100 Pine Street, PO Box 1166 Harrisburg, PAl 71 08-1166 (717) 237-5439 Attorneys for Plaintiff, CommunityBanks ~,~' ( ,.....;) C:~) r~.--) t;.;:J" -_1 (,) c...) c....> ! " COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION : DOCKET NO. Ol.. -1.49<( C/~,:L~~ COMMUNITYBANKS, Plaintiff v. : CONFESSION OF JUDGMENT MANUEL E. CORDIERO Defendant : PREVIOUSLY ASSIGNED TO: N/ A To: Manuel E. Cordiero, Defendant You are hereby notified that on J'/Jn V I/{' 2006, judgment by confession was entered against you in the sum of $7,907.56, in the abov -captioned c DATE: /I/"T/Ob YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 S. Bedford Street Carlisle, P A 17013 (717) 249-3166 I hereby certify that the following is the address of the Defendant stated in the certificate of residence: Manuel E. Cordiero 505 Leeward Lane Enola, P A 17025 A~t)l$ ~ ". A, Manuel E. Cordiero, Demandado(s) Por este medio sea avisado que en el dia de de 2006, un fallo por admision fue registrado contra usted por la conti dad de $7,907.56 del caso antes escrito. Fecha: el dia de de 2006 Protonotario LLEVE ESTA DEMANDA A UN ABODAGO IMMEDIATAMENTE. SI NO TIENE ABOGADO 0 SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA A LLAME POR TELEFONO A LA OFICINA CUY A DIRECCION SE ENCUENTRA ESCRIT A ABAJO PARA A VERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. Cumberland County Bar Association 32 S. Bedford Street Carlisle, P A 17013 (717) 249-3166 Por este medio certifico que 10 siguiente es la direccion del demandado dicho en el certificado de residencia: Manuel E. Cordiero 505 Leeward Lane Enola, P A 17025 Abo~te(S) -'" COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION COMMUNITYBANKS, Plaintiff : DOCKET NO. 06-6494 CIVIL TERM v. : CONFESSION OF JUDGMENT MANUEL E. CORDIERO, Defendant : PREVIOUSLY ASSIGNED TO: N/ A RETURN OF SERVICE PURSUANT TO PA. R.C.P. No. 2958.1(c) Plaintiff, CommunityBanks, hereby files this Return of Service and swears and affirms that the person or persons listed below was or were served pursuant to Pa. R.c.P. No. 2958.1(b) with the Notice of Judgment and Execution Required by Rule 2958.1 by certified mail, return receipt requested, as provided by Pa. R.C.P. No. 403. A copy of each receipt for certified mail is attached hereto. Manuel E. Cordiero 505 Leeward Lane Enola, P A 17025 Respectfully submitted, McNees Wallace & Nurick LLC Date: November3b, 2006 By: G huff, Esquire upreme Court ID #24848 100 Pine Street, PO Box 1166 Harrisburg, P A 17108-1166 (717) 237-5439 Attorneys for Plaintiff, CommunityBanks .i. .... .,--..~..~..........._.._-_......._...._.._-..-.._.......,,;-......_----..-..__...................................--.................. '! 2.. Article Number ImlllUlllll1 7.1.1.0 3'11:1. '1111' nile! an 3. Service 'TYPe CERTIFIED MAIL 4. Restrlcted Delivery? (Extra Fee) DYes 1. Article Addressed to: Manuel E. Cordiero 505 Leeward Lane Enola, P A 17025 '. Community Banks Geoffrey S. Shuff 't 0\ . . ~, \, \~, PS Form 3811, January 2005 Domestic Return Receipt 71~0 3901 98~9 S1~2 2337 TO: Manuel E. Cordiero 505 Leeward Lane Enola, P A 17025 SENDER: Geoffrey S. Shuff REFERENCE: Community Banks PS Form 3800 Janua 2005 RETURN Postage RECEIPT Certllied Fee SERVICE Return Receipt Fee Restricted Delivery Total Postage & US. Postal ServIce Receipt for Certified Mall No IIlIUlW10lI CcMIIIIge PIulIIdecI Do Not UIe tcIr InIImlIIIonII MIll (") ~ TV ti) -- -':0 ,-- "";-- ~-:: <. ~;7::.,1. -'~ -... ~ = CT' o \Ii n , -0 ::Jl,: w .' N r-v ~ ~-n f1' r: -0 in :tJ S? gR, :r: -.' 0....:.-0 -:-? a (5\11 .~ ?b. :;;;..c:=.