HomeMy WebLinkAbout09-0342COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION
COMMERCE BANK/HARRISBURG, : DOCKET NO. 04 - 3qa alv; (-7erv--
successor in interest to
Commerce Bank/Harrisburg, N.A.,
Plaintiff
V.
CONFESSION OF JUDGMENT
RONALD W. BORZA, ;
Defendant PREVIOUSLY ASSIGNED TO: N/A
To: Ronald W. Borza, Defendant
You are hereby notified that on _ 1 In c13 , 2009, judgment by confession was
entered against you in the sum of $34,257.32, in the above-ca honed e.
DATE:
P othonotary
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 South Bedford Street
Carlisle, PA 17013
(717) 249-3166 or 1-800-990-9108
I hereby certify that the following is the address of the Defendant stated in the certificate of
residence:
Ronald W. Borza
421 Allendale Way
Camp Hill, PA 17011
- Z?
Attr iff
COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION
COMMERCE BANK/HARRISBURG,
successor in interest to
Commerce Bank/Harrisburg, N.A.,
Plaintiff
V.
RONALD W. BORZA,
Defendant
: DOCKET NO
OR- 3ya CWUTerp-
CONFESSION OF JUDGMENT
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 the Defendant as follows:
a. Principal
b. Interest to January 21, 2009
C. Late Charges
d. Attorneys' Fees
TOTAL:
$29,891.93
$ 1,165.15
$ 94.53
$- 3,1.71
$34,257.32, plus interest, other
expenses, fees and costs
Respectfully submitted,
McNees Wallace & Nurick
Date: January2 Z 2009 By;
5u rei ,uwCourt ID #24848
100 Pine Street, PO Box 1166
Harrisburg, PA 17108-1166
(717) 237-5439
Attorneys for Plaintiff
T
COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION
COMMERCE BANK/HARRISBURG,
successor in interest to
Commerce Bank/Harrisburg, N.A.,
Plaintiff
V.
RONALD W. BORZA,
Defendant
DOCKET NO.
CONFESSION OF JUDGMENT
: PREVIOUSLY ASSIGNED TO: N/A
COMPLAINT FOR CONFESSION OF JUDGMENT
UNDER RULE 2951
1. The Plaintiff, Commerce Bank/Harrisburg, successor in interest to Commerce
Bank/Harrisburg, N.A., is a Pennsylvania financial institution with an office located at 3801 Paxton
Street, Harrisburg, PA 17111 (the "Plaintiff')
2. The Defendant, Ronald W. Borza, is an adult individual whose last known address
is 421 Allendale Way, Camp Hill, PA 17011 (the "Defendant").
3. The Defendant executed and delivered to the Plaintiff a Promissory Note dated
October 24, 2003, in the original principal amount of Thirty Thousand Dollars ($30,000), as
amended by Change in Terms Agreements dated July 30, 2008 and October 16, 2008 (collectively,
the "Note"), true and correct photostatic reproductions of the originals of which are attached hereto
as Exhibit "A" and made a part hereof.
4. The Defendant executed and delivered to the Plaintiff a Disclosure of Confession
of Judgment, a true and correct photostatic reproduction of the original of which is attached
hereto as Exhibit "B" and made a part hereof.
5. The Defendant is in default of the Defendant's obligations to make payment to the
Plaintiff as required in the Note, and the Plaintiff has demanded payment in full of all
outstanding amounts as provided in the Note. A copy of the Plaintiffs demand dated December
30, 2008, is attached hereto as Exhibit "C" and made a part hereof.
6. Judgment is not being entered by confession against a natural person in connection
with a consumer credit transaction.
7. There has not been any assignment of the Note.
8. Judgment has not been entered on the Note in any jurisdiction.
9. The amount due to the Plaintiff as a result of the Defendant's default is as follows,
as of January 21, 2009:
a. Principal $29,891.93
b. Interest $ 1,165.15
C. Late Charges $ 94.53
d. Attorneys' Fees $ 1,1 X5.71
TOTAL: $34,257.32
10. Interest continues to accrue at the rate of $4.77440 per day through the date of
payment, including on and after the date of entry of judgment on this Complaint.
WHEREFORE, Plaintiff, Commerce Bank/Harrisburg, demands judgment against the
Defendant, Ronald W. Borza, in the amount of Thirty Four Thousand Two Hundred Fifty-Seven
and 32/100 Dollars ($34,257.32), plus interest at the rate of $4.77440 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 maybe entitled.
Respectfully submitted,
McNees Wallace & Nurick LLC
Date: January 2L 2009 By;
eo S. Sh , Esquire
upreme Co ID #24848
100 Pine Street, PO Box 1166
Harrisburg, PA 17108-1166
(717) 237-5439
Attorneys for Plaintiff
COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION
COMMERCE BANK/HARRISBURG, DOCKET NO.
successor in interest to
Commerce Bank/Harrisburg, N.A.,
Plaintiff
V. CONFESSION OF JUDGMENT
RONALD W. BORZA,
Defendant PREVIOUSLY ASSIGNED TO: N/A
VERIFICATION
1, Terrence Monteverde, Asset Recovery Manager for Commerce Bank/Harrisburg, being
authorized to do so on behalf of Commerce Bank/Harrisburg, hereby verify that the statements
made in the foregoing Complaint are true and correct to the best of my information, 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.
BANK/HARRISBURG
Date: l a ?? y By:
Terrence Mo
Asset Recovf
Manager
PROMISSORY NOTE
Pt7tt1«ipa# i a Dafg INiaiirit iaf i fVo call r coil accoitrlt Offirfr ltajt+a#s
l ;132
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.
tsarrower: Ronald W. Borza (SSN: 394-64-6406) Lender: COMMERCE BANK/HARRISBURG N.A.
421 Allendale Way COMMERCIAL BUSINESS DEPARTMENT
Camp Hill, PA 17011 100 SENATE AVENUE
CAMP HILL, PA 17011
(717) 975-5630
Principal Amount: $30,000.00 Initial Rate: 5.000% Date of Note: October 24, 2003
PROMISE TO PAY. Ronald W. Borza ("Borrower") promises to pay to COMMERCE BANK/HARRISBURG N.A, ("Lender"), or order, in lawful
money of the United States of America, on demand, the principal amount of Thirty Thousand & 00/100 Dollars ($30,000.00) 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 immediately upon Lender's demand. Payment in full is due immediately upon Lender's demand.
Borrower will pay regular monthly payments of all accrued unpaid interest due as of each payment date, beginning November 24, 2003, 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: then to any unpaid collection costs; and then to any late charges.
The annual interest rate for this Note is computed on a 365/360 basis; that Is, by applying the ratio of the annual interest rate over a year of
360 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 published in the Money Rate Section of the Wall Street Journal. If a range of rates is published, the highest will be
used. (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 notice to Borrower. Lender will tell Borrower the current Index rate upon
Borrower's request. The interest rate change will not occur more often than each day. Borrower understands that Lender may make loans
based on other rates as well. The Index currently is 4.000% per annum. The interest rate to be applied to the unpaid principal balance of this
Note will be at a rate of 0.500 percentage points over the Index, adjusted if necessary for any minimum and maximum rate limitations described
below, resulting in an initial rate of 5.000% per annum. Notwithstanding the foregoing, the variable interest rate or rates provided for in this
Note will be subject to the following minimum and maximum rates. NOTICE: Under no circumstances will the interest rate on this Note be less
than 5.000% per annum or more than the maximum rate allowed by applicable law.
PREPAYMENT. Borrower agrees that all loan fees and other prepaid finance charges are earned fully as of the date of the loan and will not be
subject to refund upon early payment (whether voluntary or as a result of default), except as otherwise required by law. Except for the
foregoing, 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: COMMERCE BANK/HARRISBURG N.A.,
COMMERCIAL BUSINESS DEPARTMENT, 100 SENATE AVENUE, CAMP HILL, PA 17011.
LATE CHARGE. If a regularly scheduled interest payment is 15 days or more late, Borrower will be charged 5.000% of the regularly scheduled
payment. If Lender demands payment of this loan, and Borrower does not pay the loan in full within 15 days after Lender's demand. Borrower
also will be charged 5.000% of the sum of the unpaid principal plus accrued unpaid interest.
INTEREST AFTER DEFAULT. Upon default, including failure to pay upon final maturity, the total sum due under this Note will bear interest from
the date of acceleration or maturity at the variable interest rate on this Note. The interest rate will not exceed the maximum rate permitted by
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.
Default in Favor of Third Parties. Borrower or any Grantor defaults under any loan, extension of credit, security agreement, purchase or
sales agreement, or any other agreement, in favor of any other creditor or person that may materially affect any of Borrower's property or
Borrower's ability to repay this Note or perform Borrower's obligations under this Note or any of the related documents.
False Statements. Any warranty, representation or statement made or furnished 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 furnished 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 going 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 Forfeiture 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 loan.
This includes a garnishment 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
PROMISSORY NOTE
(Continued) Page 2
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. In the event of a death, Lender, at its
option, may, but shall not be required to, permit the guarantor's estate to assume unconditionally the obligations arising under the guaranty
in a manner satisfactory to Lender, and, in doing so, cure any Event of Default.
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.
Cure Provisions. If any default, other than a default in payment is curable and if Borrower has not been given a notice of a breach of the
same provision of this Note within the preceding twelve (12) months, it may be cured (and no event of default will have occurred) if
Borrower, after receiving written notice from Lender demanding cure of such default: (1) cures the default within fifteen 051 days; or (2)
if the cure requires more than fifteen I IS) days, immediately initiates steps which Lender deems in Lender's sole discretion to be sufficient
to cure the default and thereafter continues and completes all reasonable and necessary steps sufficient to produce compliance as soon as
reasonably practical.
LENDER'S RIGHTS. Upon default, Lender may, after giving such notices as required by applicable law, declare the entire unpaid principal
balance on this Note and all accrued unpaid interest immediately due, and then Borrower will pay that amount.
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.
GOVERNING LAW. This Note will be governed by, construed and enforced in accordance with federal law and the laws of the Commonwealth
of Pennsylvania. This Note has been accepted by Lender in the 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 debt against any and all
such accounts.
COLLATERAL. Borrower acknowledges this Note is secured by This loan is unsecured.
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. Lender will have no obligation to
advance funds under this Note if: (A) Borrower or any guarantor is in default under the terms of this Note or any agreement that Borrower or
any guarantor has with Lender, including any agreement made in connection with the signing of this Note; (8) Borrower or any guarantor
ceases doing business or is insolvent; (C) any guarantor seeks, claims or otherwise attempts to limit, modify or revoke such guarantor's
guarantee of this Note or any other loan with Lender; ID) Borrower has applied funds provided pursuant to this Note for purposes other than
those authorized by Lender; or (E) Lender in good faith believes itself insecure.
POST CLOSING COMPLIANCE. Borrower agrees to execute, re-execute, cause a Guarantor(s) or other third partylies) involved in the loan
transaction to execute and/or re-execute and to deliver to Lender or its legal counsel, as may be deemed appropriate, any document or
instrument signed in connection with the Loan which was incorrectly drafted and/or signed, as well as any document or instrument which
should have been signed at or prior to the closing of the Loan, but which was not so signed and delivered. Borrower agrees to comply with any
written request by Lender within ten 110) days after receipt by Borrower of such request. Failure to Borrower to so comply shall, at the option
of Lender, upon notice to Borrower, constitute an event of default under the Loan.
SUCCESSOR INTERESTS. The terms of this Note shall be binding upon Borrower, and upon Borrower's heirs, personal representatives,
successors and assigns, and shall inure to the benefit of Lender and its successors and assigns.
iNOTIFY
ormation about your Uaccountl )Otona consumer rREPORT TO CONSUMER REONG AGENCIES. eporting agency. Your written no i e describing the Please specif a inaccuracyli s) should be sent to
us at the following address: COMMERCE BANK/HARRIS8URG N.A., COMMERCIAL BUSINESS DEPARTMENT, 100 SENATE AVENUE, CAMP
HILL, PA 17011
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. 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 terms 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 (10%) OF THE UNPAID PRINCIPAL BALANCE AND ACCRUED INTEREST FOR
COLLECTION, BUT IN ANY EVENT NOT LESS THAN FIVE HUNDRED DOLLARS ($5001 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 AUTH')RITY GRANTED IN THIS NOTE TO CONFESS JUr)f-T'yI
EXHAUSTED BY ANY EXERCISE OF THA' JTHORITY, BUT SHALL CONTINUE FROM TIME IME AND RAT ALL TIMES UNTIL PAYMENT N
FULL OF ALL AMOUNTS DUE UNDER TI-.. NOTE. BORROWER HEREBY WAIVES ANY RIGH, ORROWER MAY HAVE TO NOTICE OR TO A
PROMISSORY NOTE
(Continued)
Page 3
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.
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!
Ronat I W. Borza j
r
- (AS[R M ( d.". Y 122 30 w" C X I tl f J S W Ind 1597. [005 M ". f4-. PA M .W WAPPS(Lf`MRICfnlflt919 iC 1..93,1 -IS
LAANGE IN TERMS AGREEMEt.
Principal Loan Date Maturity Loan No Call / Coll Account Officer Initials
$29,891.93 10-24-2003 106-24-2013 3081495 132
References in the boxes above 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.
vvl lvwc{: Ronaro VV. Uorza Lender: COMMERCE BANK/HARRISBURG N.A.
421 Allendale Way COMMERCIAL BUSINESS DEPARTMENT
Camp Hill, PA 17011 3801 PAXTON STREET
HARRISBURG, PA 17111
(888) 937-0004
Principal Amount: $29,891.93 Initial Rate: 7.500% Date of Agreement: July 30, 2008
DESCRIPTION OF CHANGE IN TERMS. Effective as of the date of this Agreement, the loan shell be changed from being payable on demand to
being payable over a five year period with principal and Interest payments beginning July 24, 2008 as described in the Payment paragraph
below. Borrower understands and agrees that no further advances will be made on the loan.
PAYMENT. Borrower will pay this ban in 60 payments of $600.52 each payment. Borrower's first payment is due July 24, 2008, and all
subsequent payments are due on the some day of each month after that. Borrower's final payment will be due on June 24, 2013, and will be
for all principal and all accrued interest not yet paid.
VARIABLE INTEREST RATE. The interest rate on this loan is subject to change from time to time based on changes in an independent index
which is the Prime Rate as published in the Money Rate Section of the Well Street Journal (the "Index"). The Index is not necessarily the lowest
rate charged by Lender on its loans. It 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 daily. Borrower understands that Lender may make loans based on other rates as well. The Index currently is 5.000% per
annum. The interest rate to be applied to the unpaid principal balance during this loan will be at a rate of 2.500 percentage points over the
Index, resulting in an initial rate of 7,500% per annum. NOTICE: Under no circumstances will the interest rate on this loan be more than the
maximum rate allowed by applicable law. Whenever increases occur in the interest rate, Lender, at its option, may do one or more of the
following: IA) increase Borrower's payments to ensure Borrower's loan will pay off by its original final maturity date, (B) increase Borrower's
payments to cover accruing interest, (C) increase the number of Borrower's payments, and (D) Continue Borrower's payments at the some
amount and increase Borrower's final payment.
CONTINUING VALIDITY. Except as expressly changed by this Agreement, the terms of the original obligation or obligations, including all
agreements evidenced or securing the obligation(s), remain unchanged and in full force and effect. Consent by Lender to this Agreement does
not waive Lender's right to strict performance of the obligation(s) as changed, nor obligate Lender to make any future change in terms. Nothing
in this Agreement will constitute a satisfaction of the obligation(s). It is the intention of Lender to retain as liable parties all makers and
endorsers of the original obligationis), including accommodation parties, unless a party is expressly released by Lender in writing. Any maker or
endorser, including accommodation makers, will not be released by virtue of this Agreement. If any person who signed the original obligation
does not sign this Agreement below, then all persons signing below acknowledge that this Agreement is given conditionally, based on the
representation to Lender that the non-signing party consents to the changes and provisions of this Agreement or otherwise will not be released
by it. This waiver applies not only to any initial extension, modification or release, but also to all such subsequent actions.
THIS AGREEMENT IS GIVEN UNDER SEAL AND IT ISANT,ENDED THAT THIS AGREEMENT IS AND SHALL CONSTITUTE AND HAVE THE
EFFECT OF A SEALED INSTRUMENT ACCORDING TO LAW.
PRIOR TO SIGNING THIS AGREEMENT, BORROWER READ AND UNDERSTOOD ALL THE PROVISIONS OF THIS AGREEMENT, INCLUDING THE
VARIABLE INTEREST RATE PROVISIONS. BORROWER AGREES TO THE TERMS OF THE AGREEMENT.
BORROWER:
X (Seal)
Ronald . Borza
t.Mw{, V.I. 6110.00.003 C.. N... --w S.Mmn,., - Ml, ON N *" I1„.,yp . 1, {;10(0trt1070C.IC M-0341 1141{
C ANGE IN TERMS AGREEMEV
• .nIL YNuY I wan uaie Maturity Loan No Cali f Con Account Officer Initials
529,891.93 10-24-2003 06-24-2013 3081495 2212
References in the boxes above 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: Ronald W. Borza
Lender: COMMERCE BANKMARRISBURG N.A.
421 Allendale le Way COMMERCIAL BUSINESS DEPARTMENT
Camp Hill, PA 17011 3801 PAXTON STREET
HARRISBURG, PA 17111
(888) 937.0004
Principal Amount: $29,891.93 Initial Rate: 7.000% Date of Agreement: October 16, 2008
DESCRIPTION OF CHANGE IN TERMS. Effective as of the date of this Change in Terms Agreement, Lender will re-amortize the outstanding
principal balance over the remaining term of the loan commencing October 24, 2008 and continuing throughout the remaining term of the loan.
Borrower shall resume making principal and interest payments in the new amount of $830.29. The maturity date shall remain June 24, 2013.
PAYMENT. Borrower will pay this loan in 57 payments of $630.29 each payment. Borrower's first payment is due October 24, 2008, and all
subsequent payments are due on the same day of each month after that. Borrower's final payment MR be due on June 24, 2013, and will be
for all principal and all accrued interest not yet paid.
VARIABLE INTEREST RATE. The interest rate on this loan is subject to change from time to time based on changes in an independent index
which is the Prime Rate as published in the Money Rate Section of the Wall Street Journal (the "Index"). The Index is not necessarily the lowest
rate charged by Lender on its loans. It 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 daily. Borrower understands that Lender may make loans based on other rates as well. The Index currently is 4.500% pat
annum. The interest rate to be applied to the unpaid principal balance during this loan will be at a rate of 2.500 percentage points over the
Index, resulting in an initial rate of 7.000% per annum, NOTICE; Under no circumstances will the interest rate on this loan be more then the
maximum rate allowed by applicable law. Whenever increases occur in the interest rate, Lender, at its option, may do one or more of the
payments to cover accruing interest, (C) increase the number of Borrower's payments, and (D) continue Borrower's payments at the same
amount and increase Borrower's final payment.
CONTINUING VALIDITY. Except as expressly changed by this Agreement, the terms of the original obligation or obligations, including all
agreements evidenced or securing the obligation(s), remain unchanged and in full force and effect. Consent by Lender to this Agreement does
not waive Lender's right to strict performance of the obligation(s) as changed, nor obligate Lender to make any future change in terms, Nothing
in this Agreement will constitute a satisfaction of the obligation(s). It is the intention of Lender to retain as liable parties all makers and
endorsers of the original obligationlsl, including accommodation parties, unless a party is expressly released by Lender in writing. Any maker or
endorser, including accommodation makers, will not be released by virtue of this Agreement. If any person who signed the original obligation
does not sign this Agreement below, then all persons signing below acknowledge that this Agreement is given conditionally, based on the
representation to Lender that the non-signing party consents to the changes and provisions of this Agreement or otherwise will not be released
by it. This waiver applies not only to any initial extension, modification or release, but also to all such subsequent actions.
THIS AGREEMENT IS GIVEN UNDER SEAL AND IT IS INTENDED THAT THIS AGREEMENT IS AND SHALL CONSTITUTE AND HAVE THE
EFFECT OF A SEALED INSTRUMENT ACCORDING TO LAW.
PRIOR TO SIGNING THIS AGREEMENT, BORROWER READ AND UNDERSTOOD ALL THE PROVISIONS OF THIS AGREEMENT, INCLUDING THE
VARIAB • REST RATE PROVISIONS. BORROWER AGREES TO THE TERMS OF THE AGREEMENT-
X
P I"y L,ntl"!, - !'0LO 007 CII. Ii•,?,..tl Iinl,v.,Y lwlw?L. Mr IN). m* ,N !q"?I PI
,«rN Y, 5 •0I10L'.07U0 ,C LM !40 M t!
DISCLO. JRE FOR CONFESSION OF J". )GMENT
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 lenoth limitations.
Affiant: Ronald W. Borza ISSN: 394-64-6406) Lender: COMMERCE BANKMARRISBURG N.A.
421 Allendale Way COMMERCIAL BUSINESS DEPARTMENT
Camp Hill, PA 17011 100 SENATE AVENUE
CAMP HILL, PA 17011
(717) 976-6630
DISCLOSURE FOR CONFESSION OF JUDGMENT
1 AM EXECUTING, THIS C:; _ DAY OF t)42 12002
4 PROMISSORY NOTE FOR 530,000.00 OBLIGATING
ME TO REPAY THAT AMOUNT.
A. I UNDERSTAND THAT THE NOTE CONTAINS A CONFESSION OF JUDGMENT PROVISION THAT WOULD PERMIT LENDER TO ENTER
JUDGMENT AGAINST ME IN COURT, AFTER A DEFAULT ON THE NOTE, WITHOUT ADVANCE NOTICE TO ME AND WITHOUT OFFERING ME
AN OPPORTUNITY TO DEFEND AGAINST THE ENTRY OF JUDGMENT. IN EXECUTING THE NOTE, BEING FULLY AWARE OF MY RIGHTS TO
ADVANCE NOTICE AND TO A HEARING TO CONTEST THE VALIDITY OF ANY JUDGMENT OR OTHER CLAIMS THAT LENDER MAY ASSERT
AGAINST ME UNDER THE NOTE, I AM KNOWINGLY, INTELLIGENTLY, AND VOLUNTARILY WAIVING THESE RIGHTS, INCLUDING ANY RIGHT
TO ADVANCE NOTICE OF THE ENTRY OF JUDGMENT, AND 1 EXPRESSLY AGREE AND CONSENT TO LENDER'S ENTERING JUDGMENT
AGAINST ME CONFESSION AS PROVIDED FOR IN THE CONFESSION OF JUDGMENT PROVISION,
INITIALS
B. 1 FURTHER UNDERSTAND THAT IN ADDITION TO GIVING LENDER THE RIGHT TO ENTER JUDGMENT AGAINST ME WITHOUT ADVANCE
NOTICE OR A HEARING, THE CONFESSION OF JUDGMENT PROVISION IN THE NOTE ALSO CONTAINS LANGUAGE THAT WOULD PERMIT
LENDER, AFTER ENTRY OF JUDGMENT, AGAIN WITHOUT EITHER ADVANCE NOTICE OR A HEARING, TO EXECUTE ON THE JUDGMENT BY
FORECLOSING UPON, ATTACHING, LEVYING ON, TAKING POSSESSION OF OR OTHERWISE SEIZING MY PROPERTY, IN FULL OR PARTIAL
PAYMENT OF THE JUDGMENT. IN EXECUTING THE NOTE, BEING FULLY AWARE OF MY RIGHTS TO ADVANCE NOTICE AND A HEARING
AFTER JUDGMENT IS ENTERED AND BEFORE EXECUTION ON THE JUDGMENT, 1 AM KNOWINGLY, INTELLIGENTLY AND VOLUNTARILY
WAIVING THESE RIGHTS, AND 1 EXPRESSLY AGREE AND CONSENT TO LENDER'S IMMEDIATELY EXECUTING ON THE JUDGMENT, IN ANY
MANNER PERM TED BY APPLICABLE STATE AND FEDERAL LAW, WITHOUT GIVING ME ANY ADVANCE NOTICE.
INITIALS:
•
C. AFTER HAVING READ AND DETERMINED WHICH OF THE FOLLOWING STATEMENTS ARE APPLICABLE, AND BY PLACING MY INITIALS
NEXT TO EACH STATEMENT WHICH APPLIES, I REPRESENT THAT:
INITIALS
1. 1 WAS REPRESENTED BY MY OWN INDEPENDENT LEGAL COUNSEL IN CONNECTION WITH THE NOTE.
2. A REPRESENTATIVE OF LENDER SPECIFICALLY CALLED THE CONFESSION OF JUDGMENT PROVISION IN THE NOTE TO MY
ATTENTION.
0. 1 CERTIFY THAT MY ANNUAL INCOME EXCEEDS $10,000; THAT THE BLANKS IN THIS DISCLOSURE WERE FILLED IN WHEN I INITIALED
AND SIGNED IT; AND THAT I RECEIVED A COPY AT THE TIME OF SIGNING.
THIS DISCLOSURE IS GIVEN UNDER SEAL AND IT IS INTENDED THAT THIS DISCLOSURE IS AND SHALL CONSTITUTE AND HAVE THE
EFFECT OF A SEALED INSTRUMENT ACCORDING TO LAW.
A FFIAN T:
X , ! - ISeaq
1111 X 1!.
- - -? U9ER RRO -91, V- 5.22.20.002 C- Nrl,nn Fn-W 5.66-1. wc. 1957, 5003 A9 RMIA,F A,w,w . IA F.tWINAP %LP jN:CFft ?P75.FC 7R.9341 1M1.14
- - 7?
N
McNees Wallace & Nurick LLC
attorneys at law
GEOFFREY S. SHUFF
DMECT DIAL: (717) 237-5439
DIRECT FAX: (717) 260-1743
E-MAIL ADDRESS: GSHUFF@vIWN.COM
December 30, 2008
CERTIFIED AND FIRST CLASS MAIL
Ronald W. Borza
421 Allendale Way
Camp Hill, PA 17011
RE: $30,000 Loan from Commerce Bank/Harrisburg
NOTICE OF DEFAULT AND DEMAND FOR PAYMENT
Dear Mr. Borza:
Please be advised that this firm represents the interests of Commerce Bank/Harrisburg in
repayment of the $30,000 loan made to you on October 24, 2003.
As you should know, you are in default of your obligations to the Bank for failure to
make payment of the loan as and when due. As a result of your default, the entire outstanding
amount of the loan, including all principal, accrued and unpaid interest and other amounts due in
connection with the loan are immediately due and payable in full, and immediate payment of the
entire amount of your obligations is hereby demanded.
As of the date of this letter, the amount of your obligations to the Bank is as follows:
Principal $ 29,891.93
Interest $ 1,060.12
Late Charges $ 63.02
Attorneys' Fees $ 656.00
TOTAL $ 31,671.07
Interest continues to accrue at the rate of $ 4.77440 per day, and late charges, attorneys'
fees and costs, and other charges will continue to accrue for your account until payment is made.
Please contact me immediately to make arrangements for payment of the entire amount of your
obligations to the Bank.
Neither this letter, nor anything contained herein, waives, limits or otherwise affects
in any way the Bank's right to exercise and enforce its rights and remedies to collect your
indebtedness to the Bank under the agreements and documents that evidence and/or secure
the loan, or at law or in equity, all of which are reserved by the Bank, and remain in full
force and effect, enforceable by the Bank at any time on and after the date of this letter.
P.O. Box 1166. 100 PINE STREET- HARRISBURG, PA 17108-1166 • TEL: 717.232.8000 • FAx: 717.237.5300 • WWW.MWN.COM
COLUMBUS, OH • STATE COLLEGE, PA • LANCASTER, PA • HAZLETON, PA • WASHINGTON, DC
(?X ? l ID ? ?- `r C»
Y • ?
Ronald W. Borza
December 30, 2008
Page 2
Thank you for your consideration of this matter. We look forward to receipt of payment
in the immediate future, in order to avoid further time, effort and expense in the collection of
your obligations to the Bank.
Very truly yours,
McNEES WALLACE & NURICK LLC
f.,
By
eGeo y . Shuff
GSS/gmk
cc: Bryan L. Lenovich
?-ri
COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION
COMMERCE BANK/HARRISBURG,
successor in interest to
Commerce Bank/Harrisburg, N.A.,
Plaintiff
V.
RONALD W. BORZA,
Defendant
:DOCKET NO. OQ - 3y al CivA Tem
: CONFESSION OF JUDGMENT
: PREVIOUSLY ASSIGNED TO: N/A
PRAECIPE FOR ENTRY OF APPEARANCE
TO THE PROTHONOTARY:
Please enter my appearance on behalf of Plaintiff, Commerce Bank/Harrisburg.
Papers may be served at the address set forth below.
Geoffrey S. Shuff, Esquire
McNees Wallace & Nurick LLC
100 Pine Street, PO Box 1166
Harrisburg, PA 17108-1166
(717) 237-5439
Respectfully submitted,
McNees Wallac Nurick LLC
f'Date: January2009 By:
e e uff, Esquire
Supreme Court ID #24848
100 Pine Street, PO Box 1166
Harrisburg, PA 17108-1166
(717) 237-5439
Attorneys for Plaintiff
r,a
k^w) 't" FTl
,i.
COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION
COMMERCE BANK/HARRISBURG, DOCKET NO. 01- a4A
successor in interest to :
Commerce Bank/Harrisburg, N.A.,
Plaintiff
V. CONFESSION OF JUDGMENT
RONALD W. BORZA, :
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 in the above-captioned action,
Ronald W. Borza, is not presently on active or nonactive military status.
Respectfully submitted,
Date: JanuaryLZ 2009
McNees Wallace & Nurick LLC
By:
G ey S. Shu , Esquire
Supreme Court ID #24848
100 Pine Street, PO Box 1166
Harrisburg, PA 17108-1166
(717) 237-5439
Attorneys for Plaintiff
rv
ca
C, ? a (mot i
`?
.?
Y6+ ..
JL
t •1^4
COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION
COMMERCE BANK/HARRISBURG,
successor in interest to
Commerce Bank/Harrisburg, N.A.,
Plaintiff
V.
RONALD W. BORZA,
Defendant
DOCKET NO. CR - 34 a 0'-"a-rer*-
CONFESSION OF JUDGMENT
: PREVIOUSLY ASSIGNED TO: N/A
CERTIFICATE OF ADDRESSES
I hereby certify that the precise address of the Plaintiff, Commerce Bank/Harrisburg, is
3801 Paxton Street, Harrisburg, PA 17111; and that the last known address of the Defendant,
Ronald W. Borza, is 421 Allendale Way, Camp Hill, PA 17011.
Respectfully submitted,
McNees Wallace & Nurick LLC
Date: January 2 Z 2009 By: Z/I;/?
Sh ff, Esquire
Supreme Court ID #24848
100 Pine Street, PO Box 1166
Harrisburg, PA 17108-1166
(717) 237-5439
Attorneys for Plaintiff
?
r?
-77
COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION
COMMERCE BANKMARRISBURG, : DOCKET NO. 8Q - aqA l?iV?ZTpl'w-
successor in interest to
Commerce Bank/Harrisburg, N.A.,
Plaintiff
V.
: CONFESSION OF JUDGMENT
RONALD W. BORZA,
Defendant PREVIOUSLY ASSIGNED TO: N/A
NOTICE UNDER RULE 2958.1
OF JUDGMENT AND EXECUTION THEREON
TO: Ronald W. Borza
NOTICE OF DEFENDANT'S RIGHTS
A judgment in the amount of $34,257.32, 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.
?.. b 7
Cumberland County Bar Association
32 South Bedford Street
Carlisle, PA 17013
(717) 249-3166 or 1-800-990-9108
Respectfully submitted,
McNees Wallace & Nurick LLC
Date: January 2009 By:
S. huff, Esquire
Court ID #24848
100 Pind Street, PO Box 1166
Harrisburg, PA 17108-1166
(717) 237-5439
Attorneys for Plaintiff
C:'+ rv
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r . ti
COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION
COMMERCE BANK/HARRISBURG,
successor in interest to
Commerce Bank/Harrisburg, N.A.,
Plaintiff
V.
RONALD W. BORZA,
Defendant
PREVIOUSLY ASSIGNED TO: N/A
: DOCKET NO. 09-342 CivilTerm
CONFESSION OF JUDGMENT
RETURN OF SERVICE PURSUANT TO
PA. R.C.P. No. 2958.1(c)
Plaintiff, Commerce Bank/Harrisburg, 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.
Ronald W. Borza
421 Allendale Way
Camp Hill, PA 17011
Date: January 29, 2009
Respectfully submitted,
McNees Wallace & Nurick LLC
By:
?f -6. ?fiuff, Esquire
upreme Court ID #24848
100 Pine Street, PO Box 1166
Harrisburg, PA 17108-1166
(717) 237-5439
Attorneys for Plaintiff
,- .
7160 39014645 7155 6771
i
To: Ronald W. Borza
421 Allendale Way
Camp Hill, PA 17011
SENDER: Geoffrey S. Shull
REFERENCE:Commerce Bank
i PS Form 3900, January 2005
I RETURN Pta98
RECEIPT Certified Fee
SERVICE
Return Receipt Fee
Restricted Delivery
Total Postage & Fees
PO RK MATE Z
11
US Postal Service
I ? CA
Receipt for
Certified Mail
No insurance Coverage Provided
Do Not Use for International Mal
------------ ----------------
2. Article Number
slued by (!?leep? Prl leery)
MIM
C. S to t?i'[L(1?? 1?
7160 3901 9645 7155 6771 D. Is delivery address nttromRom l?
If YES, enter de roes below:
3. Service Type CERTIFIED MAIL
4. Restricted Delivery? (Extra Fee) Dyes
1. Article Addressed to:
Ronald W. Borza
421 Allendale Way
Camp Hill, PA 17011 Commerce Bank
Geoffrey S. Shuff
B. Date of
i? --A
? Agent
? Addressee
? Yes
O No
PS Form 3811, January 2005 Domestic Return Receipt
C7
"'E J
ti
COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PENNSYLVANIA
COMMERCE BANK/HARRISBURG,
successor in interest to
Commerce Bank/Harrisburg, N.A.,
Plaintiff
V.
RONALD W. BORZA,
Defendant
NO. 09-342 Civil Term
CONFESSION OF JUDGMENT
PRAECIPE FOR WRIT OF EXECUTION
UPON A CONFESSED JUDGMENT
To the Prothonotary:
Issue a Writ of Execution upon a Judgment entered by confession in the above matter:
(1) Directed to the Sheriff of Cumberland County;
(2) Against Ronald W. Borza, 421 Allendale Way, Camp Hill, Pennsylvania 17011,
Defendant;
(3) Index this writ against Ronald W. Borza, Defendant;
(4) Levy upon any and all of the Defendant's personal property located at
the Defendant's address; and
(5) Principal Amount Due $ 29,891.93
Interest from January 21, 2009 at the rate of
$4.774400 per day $ 1,165.15
plus attorneys fees $ 3,105.71
plus late charges $ 94.53
$ 34,257.32
CERTIFICATION
I certify that (a) This praecipe is based upon a judgment entered by confession; and
(b) Notice has been served pursuant to Rule 2958.1 at least thirty days prior to
the filing of this Praecipe as evidenced by a Return of Service.
Respectfully submitted,
McNEES ALLACE & NURICK LLC
Date: April 3, 2009 By:
Clayton W. Davidson
I.D. No. 79139
Dana M. Windisch
I.D. No. 208718
100 Pine Street, PO Box 1166
Harrisburg, PA 17108-1166
(717) 232-8000
Attorneys for Plaintiff, Commerce Bank
2
FILED-OFFICE
OF THIE* PROTHONOTARY
2009 APR -6 PM Z= 34
PENS „V !
O.A. 00 P , A'r"rl
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WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA)
COUNTY OF CUMBERLAND)
NO 09-342 Civil
CIVIL ACTION - LAW
TO THE SHERIFF OF CUMBERLAND COUNTY:
To satisfy the debt, interest and costs due COMMERCE BANK/HARRISBURG, successor in
interest to COMMERCE BANK/HARRISBURG, N.A., Plaintiff (s)
From RONALD W. BORZA, 421 Allendale Way, Camp Hill, PA 17011
(1) You are directed to levy upon the property of the defendant (s)and to sell any and all of the
defendant's personal property .
(2) You are also directed to attach the property of the defendant(s) not levied upon in the possession
of
GARNISHEE(S) as follows:
and to notify the gamishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from
paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant
(s) or otherwise disposing thereof;
(3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession
of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a
garnishee and is enjoined as above stated.
Amount Due $34,257.32 L.L. $.50
Interest
Atty's Comm % Due Prothy $2.00
Atty Paid $54.00 Other Costs
Plaintiff Paid
Date: 4/06/09
i
(Seal) By:
Deputy
REQUESTING PARTY:
Name DANA M. WINDISCH, ESQUIRE
Address: NcNEES WALLACE & NURICK, LLC
100 PINE STREET, PO BOX 116
HARRISBURG, PA 17108-1166
Attorney for: PLAINTIFF
Telephone: 717-232-8000
Supreme Court ID No. 208718
Sheriff s Office of Cumberland County
R Thomas Kline
Sheriff
Ronny R Anderson
Chief Deputy
Jody S Smith
Civil Process Sergeant
Edward L Schorpp
Solicitor
~L~C~w~_-,C,L
GF Trc F.~ ~;r} ' ~,,.,ti1~r,~RY
~~~~ti'~r cC ~ ~e~n6rt.~h~
~`,. '+~ 2~~9 Sir ~ S F,t`l {~'~ ~ ~#
,/~ y~.~~
`;~ n ~~: ~~,~°~
4FFl~E EyF THE SkBftIFF ^'t ~ J
Commerce Bank/Harrisburg
vs.
Ronald W Borza
Case Number
09-342
SHERIFF'S RETURN OF SERVICE
04/16/2009 11:55 AM -Amanda Cobaugh, Deputy Sheriff, who being duly sworn according to law, states that on April
16, 2009 at 1155 hours, he served a true copy of the within writ of execution, upon the defendant, to wit:
Ronald Borza, by making known unto Ronald Borza, at 421 Allendale Way, Camp Hill, Cumberland
County, Pennsylvania 17011 its contents and at the same time handing to him personally the said true anc
correct copy of the same. Upon serving the writ of execution, a levy was completed. Postcard mailed to
attorney and letter mailed to defendant on 04-16-09.
09/15/2009 R. Thomas Kline Sheriff, who being duly sworn according to law, states this writ of execution is returned
STAYED, per request from plaintiffs attorney.
SHERIFF COST: $76.85
September 15, 2009 ~ q~t~~~9 ~.,
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.~
ti~~~? ~ ~ :: -_
SO ANSWERS,
R THOMAS KLINE, SHER FF
By
Sharon R. Lantz
~_~ ~~
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