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HomeMy WebLinkAbout08-5111" lb Steven J. Schiffman, Esq. Merritt C. Reitzel, Esq. SERRATELLI, SCHIFFMAN, BROWN & CALHOON, P.C. 2080 Linglestown Road, Suite 201 Harrisburg, PA 17110-9670 (717) 540-9170 PA ID Nos. 25488 & 92069 MID PENN BANK, Plaintiff V. KENNETH S. BOLINGER, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. : CIVIL ACTION-LAW CONFESSION OF JUDGMENT FOR MONEY Pursuant to the authority contained in the warrant of attorney, a true and correct copy of which is attached to the complaint filed in this action, I appear for Defendant and confess judgment in favor of Plaintiff and against Defendant as follows: Principal Balance: $19,643.55 Interest to 8/22/08: $193.16 Late Fees: $84.00 Attorneys' Fees: $1,983.67 (10% of principal balance and interest, as authorized by the warrant of attorney) Amount Due: $21,904.38, plus additional interest, fees, and costs (Interest will continue to accrue as authorized by the Note) WHEREFORE, Plaintiff demands judgment by confession in the amount of $21,904.38, plus additional interest, attorneys' fees, and costs, as authorized by the warrant of attorney. Respectfully submitted, TELLI, SCHIFFMAN, BROWN & CALHOON, P.C. I ? Steven I Schi an, Esq. ` Merritt C. Reitz-el, Esq. 2080 Linglestown Road, Suite 201 Harrisburg, PA 17110-9670 (717) 540-9170 t'a ;? ?` ? c? w ? - ?? -_,? c, ?. ?_ ,_ ? ...: c? c.?,a ;? ni .?' ?;-f '4J -C Steven J. Schiffman, Esq. Merritt C. Reitzel, Esq. SERRATELLI, SCHIFFMAN, BROWN & CALHOON, P.C. 2080 Linglestown Road, Suite 201 Harrisburg, PA 17110-9670 (717) 540-9170 PA ID Nos. 25488 & 92069 MID PENN BANK, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. : No. KENNETH S. BOLINGER, Defendant CIVIL ACTION-LAW COMPLAINT IN CONFESSION OF JUDGMENT FOR MONEY Plaintiff files this complaint pursuant to Pa.R.C.P. 2951(b) for judgment by confession and avers the following: 1. Mid Penn Bank is an independently-owned community bank, with its primary place of business at 349 Union Street in Millersburg, Dauphin County, Pennsylvania, 17061. 2. Defendant Kenneth S. Bolinger is an adult individual with a last known address at 1180 South Cameron Street, Harrisburg, Pennsylvania, 17104. 3. On October 20, 2006, Defendant signed a promissory note evidencing its indebtedness under a loan from Plaintiff in the amount of $20,000 ("Note"). A true and correct copy of the Note is attached hereto as Exhibit A. 4. Contrary to the terms and provisions of the Note, Defendant has failed to make payments as required since April of 2008. 5. Defendants' failure to make payments when due constitutes a default under the terms of the Note. 6. Judgment by confession is authorized under the terms of the Note. 7. The judgment sought herein is not against a natural person in connection with a consumer credit transaction. 8. The attached instrument has not been assigned. 9. Judgment has not been entered in any jurisdiction on the attached instrument authorizing confession. 10. As a result of the default, Defendant is liable to Plaintiff as follows: Account Number: 500037585 Principal Balance: $19,643.55 Interest to 8/22/08: $193.16 Late Fees: $84.00 Attorneys' Fees: $1,983.67 (10% of principal balance and interest, as authorized by the warrant of attorney) Amount Due: $21,904.38 (Interest will continue to accrue as authorized by the Note) WHEREFORE, Plaintiff demands judgment by confession in the amount of $21,904.38, plus additional interest, attorneys' fees, and costs, as authorized by the warrant of attorney. Respectfully submitted, TELLI, SCHIFFMAN, BROWN & CALHOON, P.C. Steven J. 9&i f fi ,1?sq. Merritt C. Rei , Esq. SERRATELLI, SCHIFFMAN, BROWN & CALHOON, P.C. 2080 Linglestown Road, Suite 201 Harrisburg, PA 17110-9670 (717) 540-9170 Date: ???/? r, k) ?,+ ?- r C? ©ZNO p<m6 o nCN v-3z nom0 OMT ?o Z A PROMISSORY NOTE References in the shaded area are for Lender's use only and do not limit the applicability of this document to any particular loan or item. Any Item above containing '***" has been omitted due to text length limitations. Borrower: Kenneth S. Bolinger (SSN: 209-52-6752) Lender: Mid Penn Bank 4832 Charles Road Carlisle Pike Office Mechanicsburg, PA 17055 4622 Carlisle Pike Mechanicsburg, PA 17055 Principal Amount: $20,000.00 Initial Rate: 9.250% Date of Note: October 20, 2006 PROMISE TO PAY. Kenneth S. Bolinger ("Borrower") promises to pay to Mid Penn Bank ("Lender"), or order, In lawful money of the United States of America, on demand, the principal amount of Twenty Thousand S OW100 Dollars ($20,000.00) or so much as may be outstanding, together with Interest on the unpaid outstanding principal balance of each advance. Interest shall be calculated from the date of each advance until repayment of each advance. PAYMENT. Borrower will pay this loan in full immediately upon Lender's demand. Borrower will pay regular monthly payments of all accrued unpaid Interest due as of each payment date, beginning December 1, 2008, with all subsequent interest payments to be due on the same day of each month after that. Unless otherwise agreed or required by applicable law, payments will be applied first to any accrued unpaid Interest; then to principal; than to any unpaid collection costs; and then to any Into charges. The annual interest rate for this Note is computed on a 361460 basis; that is, by applying the ratio of the annual Interest rate over a year of 380 days, multiplied by the outstanding principal balance, multiplied by the actual number of days the principal balance is outstanding. Borrower will pay Lender at Lender's address shown above or at such other place as Lender may designate In writing. VARIABLE INTEREST RATE. The interest rate on this Note is subject to change from time to time based on changes in an independent index which is the Prime Rate as quoted in the Wall Street Journal (the "Index*). The Index is not necessarily the lowest rate charged by Lender on its loans. If the Index becomes unavailable during the term of this loan, Lender may designate a substitute index after notifying Borrower. Lender will tell Borrower the current index rate upon Borrower's request. The interest rate change will not occur more often than each month, on the first business day of the month. Borrower understands that Lender may make bans based on other rates as well. The Index currently is 8.250% per annum. The interest rate to be applied to the unpaid principal balance during this Note will be at a rate of 1.000 percentage point over the Index, resulting in an initial rate of 9.250% per annum. NOTICE: Under no circumstances will the Interest rate on this Note be more than the maximum rate allowed by applicable law. PREPAYMENT. Borrower may pay without penalty all or a portion of the amount owed earlier than it is due. Early payments will not, unless agreed to by Lender in writing, relieve Borrower of Borrower's obligation to continue to make payments of accrued unpaid Interest Rather, early payments will reduce the principal balance due. Borrower agrees not to send Lender payments marked "paid In full", 'without recourse', or similar language. If Borrower sends such a payment, Lender may accept it without losing any of Lender's rights under this Note, and Borrower will remain obligated to pay any further amount owed to Lender. All written communications concerning disputed amounts, including any check or other payment instrument that Indicates that the payment constitutes "payment in full" of the amount owed or that is tendered with other conditions or limitations or as full satisfaction of a disputed amount must be mailed or delivered to: Mid Penn Bank, Carlisle Pike Office, 4622 Carlisle Pike, Mechanicsburg, PA 17055. LATE CHARGE. If a regularly scheduled interest payment is 15 days or more late, Borrower will be charged 10.000% of the regularly scheduled payment or $25.00, whichever is granter. If Lender demands payment of this loan, and Borrower does not pay the ban in full within 15 days after Lender's demand, Borrower also will be charged either 10.000% of the sum of the unpaid principal plus accrued unpaid Interest or $25.00, whichever is greater. INTEREST AFTER DEFAULT. Upon default, including failure to pay upon final maturity, the interest rate on this Note shall be increased by adding a 5.ODO percentage point margin ("Default Rate Margin'). The Default Rate Margin shall also apply to each succeeding interest rate change that would have applied had there been no default. If judgment Is entered In connection with this Note, interest will continue to accrue after the date of judgment at the rate in effect at the time judgment is entered. However, in no event will the interest rate exceed the maximum interest rate limitations under applicable law. DEFAULT. Each of the following shall constitute an event of default ("Event of Default') under this Note: Payment Default. Borrower fails to make any payment when due under this Note. Other Defaults. Borrower fails to comply with or to perform any other term, obligation, covenant or condition contained in this Note or In any of the related documents or to comply with or to perform any term, obligation, covenant or condition contained in any other agreement between Lender and Borrower. False Statements. Any warranty, representation or statement made or fumished to Lender by Borrower or on Borrower's behalf under this Note or the related documents is false or misleading in any material respect, either now or at the time made or fumished or becomes false or misleading at any time thereafter. Death or Insolvency. The death of Borrower or the dissolution or termination of Borrower's existence as a gong business, the insolvency of Borrower, the appointment of a receiver for any part of Borrower's property, any assignment for the benefit of creditors, any type of creditor workout, or the commencement of any proceeding under any bankruptcy or insolvency laws by or against Borrower. Creditor or Forfelture Proceedings. Commencement of foreclosure or forfeiture proceedings, whether by judicial proceeding, self-help, repossession or any other method, by any creditor of Borrower or by any governmental agency against any collateral securing the ban. This includes a gamishment of any of Borrower's accounts, Including deposit accounts, with Lender. However, this Event of Default shall not apply if there is a good faith dispute by Borrower as to the validity or reasonableness of the claim which Is the basis of the creditor or forfeiture proceeding and if Borrower gives Lender written notice of the creditor or forfeiture proceeding and deposits with Lender monies or a surety bond for the creditor or forfeiture proceeding, in an amount determined by Lender, in its sole discretion, as being an adequate reserve or bond for the dispute. Events Affecting Guarantor. Any of the preceding events occurs with respect to any guarantor, endorser, surety, or accommodation party of any of the indebtedness or any guarantor, endorser, surety, or accommodation party dies or becomes incompetent, or revokes or disputes the validity of, or liability under, any guaranty of the indebtedness evidenced by this Note. Adverse Change. A material adverse change occurs in Borrower's financial condition, or Lender believes the prospect of payment or performance of this Note is impaired. Insecurity. Lender in good faith believes Itself insecure. LENDER'S RIGHTS. Upon default, Lender may, after giving such notices as required by applicable law, declare the entire unpaid principal balance under this Note and all accrued unpaid interest immediately due, and then Borrower will pay that amount. PROMISSORY NOTE Loan No: 500037585 (Continued) Page 2 ATTORNEYS' FEES; EXPENSES. Lender may hire or pay someone else to help collect this Note if Borrower does not pay. Borrower will pay Lender that amount. This includes, subject to any limits under applicable law, Lender's attorneys' fees and Lender's legal expenses, whether or not there is a lawsuit, including attorneys' fees, expenses for bankruptcy proceedings (including efforts to modify or vacate any automatic stay or injunction), and appeals. If not prohibited by applicable law, Borrower also will pay any court costs, in addition to all other sums provided by law. JURY WAIVER. Lender and Borrower hereby waive the right to any jury trial In any action, proceeding, or counterclaim brought by either Lender or Borrower against the other. GOVERNING LAW. This Note will be governed by federal law applicable to Lender and, to the extent not preempted by federal law, the laws of the Commonwealth of Pennsylvania without regard to its conflicts of law provisions. This Note has been accepted by Lender in the Commonwealth of Pennsylvania. CHOICE OF VENUE. If there is a lawsuit, Borrower agrees upon Lender's request to submit to the jurisdiction of the courts of Cumberland County, Commonwealth of Pennsylvania. RIGHT OF SETOFF. To the extent permitted by applicable law, Lender reserves a right of setoff in all Borrower's accounts with Lender (whether checking, savings, or some other account). This includes all accounts Borrower holds jointly with someone else and all accounts Borrower may open in the future. However, this does not include any IRA or Keogh accounts, or any trust accounts for which setoff would be prohibited by law. Borrower authorizes Lender, to the extent permitted by applicable law, to charge or setoff all sums owing on the indebtedness against any and all such accounts, and, at Lender's option, to administratively freeze all such accounts to allow Lender to protect Lender's charge and setoff rights provided in this paragraph. COLLATERAL. Borrower acknowledges this Note is secured by the following collateral described in the security instruments listed herein: (A) an Open-End Mortgage dated October 20, 2006, to Lender on real property located in Cumberland County, Commonwealth of Pennsylvania (B) an Assignment of All Rents to Lender on real property located in Cumberland County, Commonwealth of Pennsylvania. (C) inventory, chattel paper, accounts, equipment and general intangibles described in a Commercial Security Agreement dated October 20, 2006. LINE OF CREDIT. This Note evidences a revolving line of credit. Advances under this Note, as well as directions for payment from Borrower's accounts, may be requested orally or in writing by Borrower or by an authorized person. Lender may, but need not, require that all oral requests be confirmed in writing. Borrower agrees to be liable for all sums either: (A) advanced in accordance with the instructions of an authorized person or (B) credited to any of Borrower's accounts with Lender. The unpaid principal balance owing on this Note at any time may be evidenced by endorsements on this Note or by Lender's internal records, including daily computer print-outs. DEMAND LOAN MATURITY AND ANNUAL REVIEW. This loan is written on demand with no specific maturity date. This loan is subject to an annual review by Lender of financial information and loan performance. The first annual review is scheduled for August 1, 2007. To facilitate the annual review process, Lender may use a maturity date on its computer system or systems which may appear on billing statements or other mailings and notices to Borrower. The presence of a maturity date on billing statements or other mailings and notices shall not be considered a waiver of Lenders right to demand full repayment of the loan at any time. SUCCESSOR INTERESTS. The terms of this Note shall be binding upon Borrower, and upon Borrowers heirs, personal representatives, successors and assigns, and shall inure to the benefit of Lender and its successors and assigns. NOTIFY US OF INACCURATE INFORMATION WE REPORT TO CONSUMER REPORTING AGENCIES. Please notify us if we report any inaccurate information about your account(s) to a consumer reporting agency. Your written notice describing the specific inaccuracy(ies) should be sent to us at the following address: Mid Penn Bank, Carlisle Pike Office, 4622 Carlisle Pike, Mechanicsburg, PA 17055. GENERAL PROVISIONS. This Note is payable on demand. The inclusion of specific default provisions or rights of Lender shall not preclude Lender's right to declare payment of this Note on its demand. If any part of this Note cannot be enforced, this fact will not affect the rest of the Note. Lender may delay or forgo enforcing any of its rights or remedies under this Note without losing them. Borrower and any other person who signs, guarantees or endorses this Note, to the extent allowed by law, waive presentment, demand for payment, and notice of dishonor. Upon any change in the terns of this Note, and unless otherwise expressly stated in writing, no party who signs this Note, whether as maker, guarantor, accommodation maker or endorser, shall be released from liability. All such parties agree that Lender may renew or extend (repeatedly and for any length of time) this loan or release any party or guarantor or collateral; or impair, fail to realize upon or perfect Lender's security interest in the collateral; and take any other action deemed necessary by Lender without the consent of or notice to anyone. All such parties also agree that Lender may modify this loan without the consent of or notice to anyone other than the party with whom the modification is made. The obligations under this Note are joint and several. If any portion of this Note is for any reason determined to be unenforceable, it will not affect the enforceability of any other provisions of this Note. CONFESSION OF JUDGMENT. BORROWER HEREBY IRREVOCABLY AUTHORIZES AND EMPOWERS ANY ATTORNEY OR THE PROTHONOTARY OR CLERK OF ANY COURT IN THE COMMONWEALTH OF PENNSYLVANIA, OR ELSEWHERE, TO APPEAR AT ANY TIME FOR BORROWER AFTER A DEFAULT UNDER THIS NOTE AND WITH OR WITHOUT COMPLAINT FILED, CONFESS OR ENTER JUDGMENT AGAINST BORROWER FOR THE ENTIRE PRINCIPAL BALANCE OF THIS NOTE AND ALL ACCRUED INTEREST, LATE CHARGES AND ANY AND ALL AMOUNTS EXPENDED OR ADVANCED BY LENDER RELATING TO ANY COLLATERAL SECURING THIS NOTE, TOGETHER WITH COSTS OF SUIT, AND AN ATTORNEY'S COMMISSION OF TEN PERCENT (1(r) OF THE UNPAID PRINCIPAL BALANCE AND ACCRUED INTEREST FOR COLLECTION, BUT IN ANY EVENT NOT LESS THAN FIVE HUNDRED DOLLARS ($500) ON WHICH JUDGMENT OR JUDGMENTS ONE OR MORE EXECUTIONS MAY ISSUE IMMEDIATELY; AND FOR SO DOING, THIS NOTE OR A COPY OF THIS NOTE VERIFIED BY AFFIDAVIT SHALL BE SUFFICIENT WARRANT. THE AUTHORITY GRANTED IN THIS NOTE TO CONFESS JUDGMENT AGAINST BORROWER SHALL NOT BE EXHAUSTED BY ANY EXERCISE OF THAT AUTHORITY, BUT SHALL CONTINUE FROM TIME TO TIME AND AT ALL TIMES UNTIL PAYMENT IN FULL OF ALL AMOUNTS DUE UNDER THIS NOTE. BORROWER HEREBY WAIVES ANY RIGHT BORROWER MAY HAVE TO NOTICE OR TO A HEARING IN CONNECTION WITH ANY SUCH CONFESSION OF JUDGMENT AND STATES THAT EITHER A REPRESENTATIVE OF LENDER SPECIFICALLY CALLED THIS CONFESSION OF JUDGMENT PROVISION TO BORROWER'S ATTENTION OR BORROWER HAS BEEN REPRESENTED BY INDEPENDENT LEGAL COUNSEL. PROMISSORY NOTE Loan No: 500037585 (Continued) Page 3 PRIOR TO SIGNING THIS NOTE, BORROWER READ AND UNDERSTOOD ALL THE PROVISIONS OF THIS NOTE, INCLUDING THE VARIABLE INTEREST RATE PROVISIONS. BORROWER AGREES TO THE TERMS OF THE NOTE. BORROWER ACKNOWLEDGES RECEIPT OF A COMPLETED COPY OF THIS PROMISSORY NOTE. THIS NOTE IS GIVEN UNDER SEAL AND IT IS INTENDED THAT THIS NOTE IS AND SHALL CONSTITUTE AND HAVE THE EFFECT OF A SEALED INSTRUMENT ACCORDING TO LAW. BORROWER: x Seal) K neth .Bolinger IMER PRO Wdn& W &31.W. 01 Copy. IWNId FYrW 5"--. V1 1W. WK M P*ft Raw?d • PA P:XFftPLWftFC T"17 PR•SEC}INE VERIFICATION I, Greg Scheer, do hereby state, under penalty of 18 P.S. § 4904 relating to unsworn falsification to authorities, that I am an authorized representative of Mid Penn Bank, am authorized to give this verification on its behalf, and that the averments set forth in the foregoing complaint are true and correct to the best of my knowledge, information, and belief. Mid Penn Bank By: C S jt-¢ Greg Sche Date: '7 Authorized Representative AFFIDAVIT OF NON-MILITARY SERVICE I, Greg C. Scheer, being duly sworn according to law, depose and say that I am an officer of Plaintiff Mid Penn Bank, and I am authorized to make this affidavit on its behalf. I hereby affirm that to the best of my knowledge, Kenneth S. Bolinger is not currently serving in the United States Military, nor in any State or Territory thereof or its allies, as defined in the Soldiers' and Sailors' Civil Relief Act of 1940 and the amendments thereto. A C Greg C. Sc eer Sworn to and subscribed bef e me this day of U , 2Ut3 . byLQ ' Notary Public COMMONWEALTH OF PENNSYLVANIA Notarial Seal Lisa A Corm ay, Notary Pubic SUKOdWM Twp., Dauphin Ccunty My ConvnissIm E)pires March 24, 2011 Pennsylvania Association of Notaries CERTIFICATION I hereby certify the precise last known addresses of the parties are as follows: Defendant: Kenneth S. Bolinger 1180 South Cameron Street Harrisburg, PA 17104 Plaintiff: Mid Penn Bank 349 Union Street Millersburg, PA 17061 C ' By: A?-? Greg Sc er 1J r t `n ,w C n n Y i ' ! r ,t q\ p n -71 n? Y 40 MID PENN BANK, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. No. KENNETH S. BOLINGER, Defendant : CIVIL ACTION-LAW NOTICE PURSUANT TO 42 Pa.C.S. 42737.1 Please take notice that the plaintiff in this matter has entered judgment by confession against you in the amount of $21,904.38. You are entitled to 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. Any such petition can be filed with the clerk or Prothonotary at the courthouse in Carlisle, Cumberland County. A petition is a formal statement of your basis 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 in 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 in the petition are true and accurate. You will waive any defense 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, you 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. Accordingly, you should immediately seek the advice of attorney. If you wish to discuss the matter with an attorney but do not know how to find one, you may request a referral by contacting the following agency: Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 1-800-990-9108 717-249-3166 Corporations may be unable to represent themselves in court. If the defendants include a corporation, the corporation must appear through an attorney if it intends to challenge the w 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 have 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. If you were incorrectly identified and judgment was entered against you in error you may be entitled to collect cost and reasonable attorney's fees as determined by the Court. n A46 /an. 4tto •hey or e B c + . 0% Rule 2959. Striking off or Opening Judgment. Pleadings. Procedure. (a)(1) Relief from 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 judgment 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 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 Rule 2958.3 or Rule 2973.3 (3) If written notice is served upon the petitioner pursuant to Rule 2956.1(c)(2) or Rule 2973.1(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 defense and objections which are not in the petition or answer. (d) The petition and 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 deposition of the application to strike off the judgment. If the 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. (g)(1) A judgment shall not be stricken or opened because of a creditor's failure to provide a debtor with instructions imposed by an existing statute, if any, regarding procedures to follow to strike a judgment or regarding any rights available to an incorrectly identified debtor. (2) Subdivision (g)(1) shall apply to (1) judgments entered prior to the effective date of subdivision (g) which have not been stricken or opened as of the effective date and (2) judgments entered on or after the effective date. tV -rn; ul r 7i MID PENN BANK, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. No. KENNETH S. BOLINGER, Defendant CIVIL ACTION-LAW NOTICE UNDER RULE 2958.1 OF JUDGMENT BY CONFESSION AND EXECUTION THEREON TO: Kenneth S. Bolinger 1180 South Cameron Street Harrisburg, PA 17104 A judgment in the amount of $21,904.38 has been entered against you and in favor of the Plaintiff without 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 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 DON'T HAVE A LAWYER OR CANNON AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FOURTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP: Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 1-800-990-9108 717-249-3166 -D crt °?, w C C. c,J ILO MID PENN BANK, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. :No. C7lcsa?, KENNETH S. BOLINGER, Defendant CIVIL ACTION-LAW TO: Kenneth S. Bolinger 1180 South Cameron Street Harrisburg, PA 17104 NOTICE Pursuant to Pa.R.C.P. 236, you are hereby notified that judgment by confession has been entered against you in the above-captioned matter. Date: Prothonotary r"117 SHERIFF'S RETURN - OUT OF COUNTY 4 CASE NO: 2008-05111 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MID PENN BANK VS BOLINGER KENNETH S R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT to wit: but was unable to locate Them in his bailiwick. He therefore deputized the sheriff of DAUPHIN serve the within CONFESSION OF JUDGMENT On September 8th , 2008 , this o attached return from DAUPHIN Sheriff's Costs: So a Docketing 18.00 Out of County 9.00 w ice was in receipt of the Surcharge 10.00 R. 'mas amine Dep Dauphin County 41.25 erff of Cumberland County Postage 1.52 79.77 09/08/2008 SERRATELLI SCHIFFMAN Sworn and subscribe to before me this day of County, Pennsylvania, to +111i? .ifi? d..i. A. D. In The Court of Common Pleas of Cumberland. County, Pennsylvania Mid Penn Bank vs. Kenneth S. Bolinger No 08-5111 civil No. August 27, 2008 Now, , I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of Dauphin County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. Sheriff of Cumberland County, PA Affidavit of Service Now, 520 at within o'clock M. served the upon at by handing to a and made known to copy of the original So answers, the contents thereof. Sheriff of Sworn and subscribed before me this day of , 20 COSTS SERVICE $ MILEAGE AFFIDAVIT County, PA (.0t1 'tt Elf the Sit,-rfff Ma%Jane Sny?yder R Estate Depu William T. Tully Solicitor Dauphin County Harrisburg, Pennsylvania 17101 ph: (717) 780-6590 fax: (717) 255-2889 Charles E. Sheaffer Chief Deputy Michael W. Rinehart Assistant Chief Deputy Jack Lotwick Sheriff Commonwealth of Pennsylvania County of Dauphin MID PENN BANK VS KENNETH S BOLINGER Sheriffs Return No. 2008-T-1868 OTHER COUNTY NO. 085111 And now: SEPTEMBER 3, 2008 at 9:37:00 AM served the within COMPLAINT IN CONFESSION OF JUDGEMENT upon KENNETH S BOLINGER by personally handing to KENNETH S BOLINGER 1 true attested copy of the original COMPLAINT IN CONFESSION OF JUDGEMENT and making known to him/her the contents thereof at 1180 SOUTH CAMERON ST HBG PA 17104 Sworn and subscribed to before me this 3RD day of September, 2008 11??w NOTARIAL SEAL ARY JANE SNYDER, Notary Publi Highspire, Dauphin County [my Commission Expires Sept 1, 2010 So Answers, Sheriq?TauphiCounty, Pa. +? By ? Deputy Sheriff Deputy: M EMBREY Sheriffs Costs: $41.25 8/28/2008 Steven J. Schiffman, Esq. Merritt C. Reitzel, Esq. SERRATELLI, SCHIFFMAN, BROWN & CALHOON, P.C. 2080 Linglestown Road, Suite 201 Harrisburg, PA 17110-9670 (717) 540-9170 PA ID Nos. 25488 & 92069 MID PENN BANK, V. Plaintiff KENNETH S. BOLINGER, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 08-5111 CIVIL TERM PRAECIPE TO SATISFY JUDGMENT TO THE PROTHONOTARY: Upon receipt of this Praecipe, kindly mark the judgment entered and docketed August 25, 2008 against Defendant in the above-captioned matter as satisfied. Date: May 4, 2009 -- Merritt C. Reitzel, Esq ire 2080 Linglestown Road, uite 001 Harrisburg, PA 17110-96 (717) 540-9170 PA ID No. 92069 FiLED-,l, -i0E OF THE p j r")h r li! 2009 MAY -8 PRIM 12: 31 Zvi. All 4'a. 00 pro ftlty