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008'39.()()()I21Aprl114, 1994IDWD/MHI34'16
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NSURANCE & SURETY. INC.,
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. qLj - FI28 ~ -,;.
Plaintiff
vs.
CONFESSION OF JUDGMENT
NTHONY T. INTRERI,
Defendant
CONFESSION OF .JUDGMENT
Pursuant to the authority contained in the Warrant of Anorney. a copy of which is attached to the Complaint
ded In this action, I appear for the Defenda.lI and confess judgment in favor of the Plaintiff and against the Defendant
nthony T. Intrerl, as follows:
Unpaid Principal Balance
$59.360.00
Interest from 2/16/94 through
4/15/94 at I % above the prime rate
of Dauphin Deposit Bank & Trust Co.. per annum
$575.38
Attorney's Collection Fee (15%)
$8.990,31
$68,925.69
TOTAL
JOr;HNSjON' DUFFIE, ~VART & ,WEIDNER
, ( / / ,: ~/
By:(;(/t/~)ttdieL
David W. DeLuce. Esquire
Anorney 1.0. No. 41687
Third & Market Streets
P.O. Box 109
Lemoyne. PA 17043-0109
Telephone (717) 761-4540
Attorney for Defendant
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NSURANCE & SURETY, INC..
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY. PENNSYLVANIA
NO. qlf- /ClZ8 tWiL ~
Plalnllff
vs.
CONFESSION OF JUDGMENT
ANTHONY T, INTRERI,
Defendant
COMPLAINT PURSUANT TO PA. R.C.P. 2951fh)
ICONFF..5SION OF .JUDGMENTI
I. The Plainliff. Insurance & Surety, Inc., is a Pennsylvania corporalion with ils principal place of
usiness located at 1525 Cedar Cliff Drive, Camp Hill. Cumberland County, Pennsylvania.
2. The Defendant. Anthony T. Intreri, is an adult individual residing at 138 North 30th Street. Camp Hill.
umberland County, Pennsylvania.
3. On February 16. 1994, the Defendant executed and delivered a Demand Note to the Plaintiff. obligating
e Defendant to pay the principal sum, together with interest thereon from the date of execution at the rate of I % per
num above the prime rate of interest charged by Dauphin Deposit Bank & Trust Company as established from time
o time. A true and correct photostatic copy of the original instrument duly executed by the Defendant is attached
ereto as Exhibit. A. and is made a part hereof.
4. The aforesaid instrument has not been assigned.
5. Judgment on the aforesaid instrument has not been entered in any jurisdiction.
6. On April II. 1994 written demand for payment was made by the Plaintiff herein upon the Defendant.
ut no such payment has been received.
008539.QOOI2IAprllI4. 1994/DWD/MHI34516
7. As a consequence of the foregoing. the Defendant Is liable to the Plaintiff as follows:
Unpaid Principal Balance
Interest from 2/16/94 through
4/15/94 at I % above the prime rale
of Dauphin Deposit Bank & Trust Co.. per annum
Attorney's Collection Fee (15%)
$59.360.00
$575.38
$8.990.31
TOTAL
$68,925.69
WHEREFORE, Plaintiff. Insurance & Surety. Inc. demands judgment in the sum of $68,925.69, plus interest
er annum at the rate of I % above the prime rate of Dauphin Depusit Bank & Trust Company from April 15, 1994,
against the Defendant. AnthonyT.lntrerl. as authorized hy the Warrant of Attorney in the Instrument, a copy of which
Is attached hereto as Exhibit. A . .
JOSEPH BUYAKOWSKI, being duly sworn and according to law, deposes and says that he Is the Vice
resident of Insurance & Surety, Inc., the Plaintiff named in the foregoing Complaint; that as such he Is authorized
make this Affidavit on Plaintiffs behalf and has knowledge of the facts set forth In the foregoing Complaint; and
at said facts are true and correct to the best of his knowledge. information, a hellef.
,
, OOS'39.QOOt2lAprilt4. 1994/DWDIMHI34Sl6
OMMONWEALTH OF PENNSYLVANIA
OUNTY OF CUMBERLAND
: 55:
worn to and Subscribed to me
Is l"l~ayof ~ .1994.
Notary Public
y Commission Expires:
NOTARIAL SEAL
DIANNE LEIIIG. Nolmy Public
Lemoyne BoIough Cumberland Co.
My CommIsSion Expims Dec. 21. 1997
t.............,,_.
$59.360.00
Date Februarv 16
19l1
No.
on demand after date, the underaigned (and each of them, if more than
one, jointly and severally) promiae to pay to the order of Insurance'
Surety, Inc., Camp Hill, PA
Fiftv-Nine Thousand Three Hundred Sixtv and 00/100 Dollara
without defalcation, with interest from the date hereof at a rate of
--1-' per annum above the prime rate of Dauphin Deposit Bank and Trust
Company eatablished from time to time by Dauphin Deposit Bank and Truat
company. said interest rate shall charge each time said baae rate
ahall change, effective as of the opening of the bank on the date of
the change.
And tur~h.r the undere1qned and each of them do hereby authorLze and
empower the prothonotary or any attorney of any cour~ of Record of
pennaylvania or elsewhere to appear for and enter judgment againet the
undersigned and each of them for the above sum, with or without
declaration, with costs of suit, release of errore, without stay of
execution, and with 15 percent added for collection feesl and the
underaigned and each of them further agree that real, personal or mixed
property may be sold upon any writ of execution as now or hereafter
provided by law or the Rulea of civil Procedure governing the
enforcement of judgmentsl and the undersigned and each of them hereby
waive and release all relief from any appraisement, stay or exemption
laws of any state now in force or hereafter to be passed.
In witneBB whereof, the underBigned haB duly ezecuted thiB Rote the day
and year firBt above wFitten. Signed, Sealed and Delivered in pre Bence
of or AtteBt:. --. '
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EXHIBIT -A-
INSURANCE & SURETY, INC..
Plaintiff
vs.
ANTHONY T. INTRERI,
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 94-1928 CIVIL TERM
CIVIL ACTION - LAW
Defendant
TO THE PROTHONOTARY:
PRAECIPE TO SATISFY JUDGMENT
Kindly mark the judgment entered by the Plaintiff against the Defendant on April 15. 1994 in the
above captioned action as satisfied.
Date:
ii/I? If
K"
JOGN" DUFFIE.. STEWART' WEIDNER
By:
David . DeL ce
Attorney 1.0. No. 41687
301 Market Street
p.o. Box 109
L"'""l'lltl, PA 1704;3-01 os
Telephone (717) 761.4540
Attorneys for Plaintiff
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INSURANCE & SURETY, INC., IN THE COURT OF COMMON PLEAS
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
.
.
v. CIVIL ACTION - LAW
. NO. 94-1928
.
ANTHONY T. INTRERI , .
.
Defendant .
.
PETITION TO OPEN AND/OR STRIKE OFF JUDGMENT
1. Petitioner is Anthony T. Intreri, Defendant in the above-
captioned matter.
2. Respondent is Insurance & Surety, Inc" Plaintiff in the
above-captioned matter.
3. On or about April IS, 1994, Plaintiff entered judgment
against Defendant in the amount of $68,925.69.
4. The judgment entered by the Plaintiff against Defendant
in the above-captioned matter was based upon a Note allegedly
executed on February 16, 1994.
5. At the time of the execution of the Note, representatives
of the Plaintiff misrepresented the content of the Note as an
obligation solely of the corporation, Lambert & Intreri, Inc., of
which the Defendant is a principal shareholder.
6. Defendant believed at the time of execution of the Note
that he was doing so on behalf of a corporation, Lambert & Intreri,
Inc" which was and should be solely and exclusively responsible
for the payment of any sums due and owing.
7. In the alternative, the document upon which Plaintiff's
judgment is based was and is a contract of adhesion, forced upon
Defendant under circumstances constituting fiscal and economic
duress.
8, Further, the judgment has been erroneously and lawfully
entered in that the Note upon which the judgment was entered
contains no disclosures executed by the Defendant as required under
Pennsylvania law.
WHEREFORE, Defendant/Petitioner respectfully requests that
this Honorable Court enter a Rule upon Plaintiff/Respondent to show
cause, if they it has, why the judgment entered in this matter
should not be opened and/or stricken.
Date If ~l 9y
Respectfully submitted,
-::::r<1Y1.---
Bruce F. Bratton, Esquire
Pa. Attorney I.D. No. 15859
2515 North Front Street
P. O. Box 12106
Harrisburg, PA 17108-2106
(717) 236-4241
Attorneys for Defendant/Petitioner
2
"
VERIFICATION
I verify that the statements made in the attached pleading
are true and correct, partially upon personal knowledge and
partially upon my belief; to the extent language in the attached
pleading is that of my attorneys, I have relied upon my attorneys
in making this Verification. I understand that false statements
herein are made subject to the of 18 Pa. Section
4904 relating to unsworn falsif
Date
1(;1/~Y
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CERTIFICATE OF SERVICE
Date
I hereby certify that I today served a true and correct copy
of the foregoing Petition to Open and/or Strike Off Judgment and
Rule to Show Cause, by hand-delivery, to:
David W. DeLuce, Esquire
JOHNSON, DUFFIE, STEWART & WEIDNER
301 Market Street
P. O. Box 109
Lemoyne, PA 170~3 , ~//
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B uce F. Bratton, Esquire
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INSURANCE & SURETY, INC.,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 94-1928
v.
ANTHONY T. INTRERI,
Defendant
MOTION FOR PROTECTIVE ORDER
1. Movant is Anthony T. Intreri, Defendant in the above-
captioned matter.
2. This action arises from the entry of judgment against
Movant/Defendant by confession on or about April 15, 1994.
3. On or about August 30, 1994, Plaintiff served Notice of
Deposition upon Defendant's counsel seeking to conduct the
deposition of Defendant on September 20, 1994.
4. Movant/Defendant has filed a Petition to Open and/or
Strike Off the Judgment heretofore entered in this matter.
5. Additionally, Plaintiff has served a subpoena upon
Marianne Intreri, spouse of the Defendant, seeking, apparently,
financial statements and other information concerning the said
Marianne ~ntreri.
6. Plaintiff's efforts to depose the spouse of Defendant
should not be permitted since, under Pennsylvania law, a spouse
cannot be compelled to testify against her husband and because
.
Bruce F, Bratton, Esquire
Pa. Attorney 1.0. No. 15859
2515 North Front Street
P. O. Box 12106
Harrisburg, PA 17108-2106
(717) 236-4241
Defendant has never been served with a Notice of Deposition of
Marianne Intreri.
WHEREFORE, Movant/Defendant respectfully requests the entry
of a Protective Order staying all discovery pending disposition of
Defendant's Petition to Open and/or Strike Off Judgment entered in
this matter and staying generally Plaintiff's efforts at deposition
of Defendant's spouse, Marianne Intreri.
Respectfully submitted,
MARTSOLF & BRATTON
Date 17 f;,/t. fill
,
By
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Attorneys for Defendant/Petitioner
Date
rf?/?y
.. .'
VERIFICATION
I verify that the statements made in the attached pleading
are true and correct, partially upon personal knowledge and
partially upon my belief; to the extent language in the attached
pleading is that of my attorneys, I have relied upon my attorneys
in making this Verification. I understand that false statements
herein are made subject to the of 18 Pa. c.S. section
4904 relating to unsworn falsif
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CERTIFICATE OF SERVICE
I hereby certify that I today served a true and correct copy
of the foregoing Motion for Protective Order, by hand-delivery,
to:
Date Iq 'k,4. 1<f
,
David W. DeLuce, Esquire
JOHNSON, DUFFIE, STEWART & WEIDNER
301 Market Street
P. O. Box 109
Lemoyne, PA 17043
1V JAr!,
Bruce F. Bratton, Esquire
";' '!:,,:
INSURANCE & SURETY, INC.,
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 94-1928 CIVIL TERM
Plaintiff
vs,
ANTHONY T. INTRERI,
CIVIL ACTION - LAW
Defendant/Movant
PLAINTIFF'S RESPONSE TO
DEFENDANT'S MOTION FOR PROTECTIVE ORDER
1. Admitted.
2. Admitted.
3. Admitted. By wey of further response. prior to August 30, 1994, Plaintiff's counsel
contacted Defendant's counsel by telephone and through writtan correspondence seeklno a convenient
date to schedule a deposition of Defendant In aid of execution. The date of September 20, 1990 was
chosen by an agreement of counsel.
4. Admitted. By way of further response, said Petition was filed on September 19, 1994, the
day prior to the scheduled deposition of Defendant.
6. Admitted. By way of further response, the Subpoena was for her to appear at a deposition
in aid of execution pursuant to Pa.R.C.P. 3117. The purpose of the deposition was to obtain information
concerning the finances of the Defendant and transactions between the Defendant and Msrlanne Intreri
affecting the assets of the Defendant.
6. Denied. Plaintiff may take discovery in aid of execution of Defendant's spouse under
Pennsylvsnie law. Furthermore, Defendant's counsel was served with a copy of the Subpoena served
upon Marianne Intrerl and correspondence notifying Defendant and his attorney of Plaintiff's intention to
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008539.QOOI21Scplcmbcr 26, 1994/DWDIMHI38346
take the deposition of Marianne Intreri. Attached hereto as Exhibit "A" please find correspondance
betwaen counsel for the parties evidencing notice to the Defendant of such deposition,
Respectfully submitted,
JOHN DUFFIE, STEWART & WEIDNER
"
David . Del e
Attorney 1.0. No. 41687
301 Market Street
P.O. Box 109
lemoyne, PA 17043-0109
Telephone (717) 761-4540
Attorneys for Insuranca & Suraty. Inc.
WHEREFORE. Plsintlff respectfully requests the Court to deny the entry of a Protective Order and
allow Plaintiff to take the deposition of Defendant's spouse. Marianne Intreri.
D",,-4zu/rr<!
By:
008539.ooo12lScplcmbcr 26, 1994/DWDIMH138346
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
: SS:
Joseph Buyakowskl. being duly sworn end according to Isw, deposes and says that he is the Vice
President of Insurance & Surety, Inc., the Plaintiff/Respondent namsd in the foregoing Answer; that as
such he is authorized to make this Affidavit on Plaintiff's behalf and has knowledge of the facts set forth
in the foregoing Answer: and that said facts are true and correct to the best of his knowledge,
Information, and belief.
Sworn to and SUb~d to me
this"''' -U-day of v"'"'~ ^' 1994.
"-. ~,\ "'A~
Notary Public
~~
~~
My Commission Expires:
NOTARIAL SEAL
DIANNE LENIG, :;. :,',~y Public
Lemoyne Borough Cumbelland Co,
My Commission E.lpiros Dee. 21.1997
0085JlI-00012lScplcmbcr26. IlIIl4IDWDIMHIJ8J46"
CERTIFICATE OF SERVICE
I. David W, DeLuce. of the law firm of Johnson. Duffie. Stewart & Weidner. attorneys for Plaintiff.
Insurance & Surety. Inc.. do hereby certify that I served a true and correct copy of the attached Response
by United States Mall. first class, postage prepaid. upon the Counsel listed below:
Bruce F. Bratton. Esquire
2515 North Front Street
P.O. Box 12106
Harrisburg, PA 17108-2106
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HOIV,CE A fOHNSON
lEU Y IL DUFFIE
IUCH.\Jl.D W. STEWMT
C, 1I.0Y WEIDNER. IlL
EDMUND C. MYElU
J~ES A JOHNSON
D^VID W. Dl1.UCE
IlAl.PH H. WlUCKT, IlL
D^V\D J. ~L\
IOSEPH L HlTCHINc.s
l....W OFFICES
JOHNSON, DUFFIE, STEWART (/ WEIDNER
301 MA1UCET STR.EET
P. O. BOX 109
LEMOYNE. PENNSYLVANIA 17043-0109
Fll E COpy
August 29. 1994
T1UPHONI111.161.4HO
TlUCOPIBII. 111.161 .3QU
F,R. Martsolf. Esquire
Martsolf & Bratton
2515 North Front Street
Harrisburg. PA 17110
Re: Insurance & Surety. Inc, v, Anthony T. Intreri
No. 94-1928 Civil Term
Dear Ric:
Enclosed herewith please find a Notice of Deposition and a Subpoena issued upon your
client. Mr, Intreri, Please be sure he brings to the deposition the documents listed in the
Notice. Also enclosed herewith please find a copy of the Subpoena which I shall serve on
Mrs. Intreri. Please advise if you are representing her and ara willing to accept service.
Very truly yours.
JOHNSON. DUFFIE. STEWART & WEIDNER
David W. Deluce
DWD:mh:37688
Enclosures
cc: Insurance & Surety. Inc. (w/encJ.1
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Martsolf S Bratton
AnoRNEYS AND CoUNseLORS AT lAw
H~~_~t:.IVED
2515 NORTH FRONT STRUT
P.O. Box 12108
HARRISBURQ, PBNNBVI.vANIA 17108-2108
SEP 01 1994
JOHNSON, DUFFIE
STEWART AND W~~::.
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August 31, 1994
..IL. NO.
David W. DeLuce, Esquire
JOHNSON, DUFFIE, STEWART & WEIDNER
301 Market Street
P. O. Box 109
Lemoyne, PA 17043
RE: Insurance & Surety, Inc. v. Anthony T. Intreri
No. 94-1928 Civil
Dear Dave:
I acknowledge receipt of your letter of August 29, 1994. I
have forwarded my client the deposition notice with appropriate
instructions regarding the documents.
At this point, our office is not representing Marianne
Intreri.
Best regards.
FRM/sao
COPY TO:
J4'CLIENT
t::J CLAHf MGR. /REP.
o OTHr:R
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Mr. Anthony T. Intreri
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INSURANCE & SURETY, INC.,
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY. PENNSYLVANIA
NO. 94-1928
CIVIL ACTION - LAW
Plaintiff IRespondant
ANTHONY T. INTRERI,
Defendant/Petitioner
PLAINTIFF'S ANSWER TO DEFENDANT'S
PETITION TO OPEN AND/OR STRIKE OFF JUDGMENT
1. Admitted,
2. Admitted.
3. Admitted.
4. Admitted. By way of further axplanation, the note was signad by the Defendsnt on
February 16. 1994.
5. Denied. On the contrary, Flaintiff's representative specifically told Defendant that he was
signing the document In his individual capacity as well as on behalf of the corporation, Lambert & Intreri,
Jnc, This is further evidenced by the two (2) different places in which the Defendsnt placed his signature
on the Note.
6, Denied. On the contrary, Defendant acknowledged at the time of execution of the Note that
he was signing it personslly in one place, and on behalf of the corporation in another place.
7. Denied. Defendant is an experienced business person who has owned and operated a
commercial contracting business for msny years. Defendant has executed many business agreements,
contracts and other similar documents in both an individual capacity and as an officer of this corporation.
At the time Defendant executed the Note in his personal capacity, it was done by him to induce Plaintiff
..
008539~I2IScplcmbcr26. 1994IDWD/MHI3834' ,
to continue providing insure nee products on credit to a corporation in which the Defendant is a principal
shareholder, officer and director. Personal guarantees by principal shareholders In a closely held
corporation is a practice commonly undertaken by most lending institutions, and is a practice well known
to the Defendant.
8. DenIed. Defendant has failed to state what disclosures are required under Pennsylvanie law
end tharefore, Plaintiff cennot specifically respond to this ellegetion. To the extent e response may be
necessary, Plaintiff specifically denies that any disclosure was required under Pennsylvania law for this
Defendant under these circumstances.
WHEREFORE, Plaintiff/Respondent respectfully requests that this Honorable Court dismiss
Defendant's Petition to Open and/or Strike the Judgment as he has failed to stste a meritorious defense
and has failed to act promptly in moving the Court to open or strike this judgment.
Dol" r J. II'!
Respectfully submitted,
'(;;~' DUFFIE, STEWART. WEIDNER
By: U
David . De uce
Attorney I,D. No. 41687
301 Market Street
P.O. Box 109
Lemoyne, PA 17043-0109
Telephone (717) 761-4540
Attorneys for Insurance & Surety, Inc,
008S39~121Scplcmbcr 26, 19114/DWD/MH13834S
eo
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
: ss:
Joseph Buyekowski. being duly sworn end according to law. deposes and says that he is the Vice
President of Insure nee & Surety. Inc.. the Plaintiff/Respondent named in the foregoing Answer; that as
such he Is authorized to make this Affidavit on Plaintiff's behalf and has knowledge of the facts set forth
in the foregoing Answer; and that said facts are true and correct to the best of his knowledge.
Information. and belief,
Sworn to and SUb~bed to me
this;,) lei \1(0. day of :::n:.~... 1994,
.
~M''''~ ~.~..
Notary Public ~ IS'
My Commission Expires:
NOTARIAL SEAL
DIANNElENIG,;; ': e, Public
Lemoyne Borough Cumberland Co.
My Commission Expir!lS Dee. 21.1997
008$39-C!OO121Scplcmbcr26. 1994/DWD/MHI3834S .
CERTIFICATE OF SERVICE
I. David W, DeLuce. of the law firm of Johnson, Duffie, Stewart 8< Weidner. attorneys for Plaintiff.
Insurance 8< Surety. Inc., do heraby certify that I served a true and correct copy of the attachad Response
by United States Mail, first class. postage prepaid, upon the Counsel listed below:
Bruce F. Bratton, Esquire
2515 North Front Street
P.O. Box 12106
Harrisburg. PA 17108-2106
Date:
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