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Home My WebLink About09-8601REAGER & ADLER, P.C. BY: THOMAS O. WILLIAMS, ESQUIRE Attorney I.D. No.: 67987 Email: TWilliams@ReagerAdlerPC.com BY: WAYNE S. MARTIN, ESQUIRE Attorney I.D. No. 208078 Email: WMartin ,ReWerAdlerPC,com 2331 Market Street Camp Hill, PA 17011 (717) 763-1383 INTEGRITY BANK, Plaintiff, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA V. J. MICHAEL ADLER, Defendant : CIVIL ACTION NO. Of- G(.61 CONFESSION OF JUDGMENT PRAECIPE FOR ENTRY OF JUDGMENT BY CONFESSION TO THE PROTHONOTARY: Kindly enter judgment by confession in the above-captioned matter for the Plaintiff and against the Defendant, and assess damages in the amount of $ 109,446.93 plus interest as follows: Principal $ 95,031.95 Interest through 12/11/09 $ 3,901.97 Late fees through 12/11/09 $ 492.12 Filing Fee $ 27.50 Sheriff s Fee $ 100.00 Attorney Commission $ 9,893.39 Total: $ 109,446.93 Respectfully submitted, REAGER & ADLER, P.C. Date: December 11, 2009 Wayn S. Martin, squire Attorney for Defendant FILED-?f--lcRvE OF THE F^v)!Hr NOTARY 2009 DEC 14 PM 2: 03 CL?f?<<e::.. 1 i ?,.EtyilIVTI REAGER & ADLER, P.C. BY: THOMAS O. WILLIAMS, ESQUIRE Attorney I.D. No.: 67987 Email: TWilliams(cr7Reag_erAdlerPC com BY: WAYNE S. MARTIN, ESQUIRE Attorney I.D. No. 208078 Email: WMartin ,ReaerAdlerPC com 2331 Market Street Camp Hill, PA 17011 (717) 763-1383 INTEGRITY BANK, Plaintiff, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. J. MICHAEL ADLER, Defendant : CIVIL ACTION : NO. oq - 61.01 : CONFESSION OF JUDGMENT CONFESSION OF JUDGMENT Pursuant to the authority in the Warrant of Attorney, the original or a copy of which is attached to the Complaint filed in this action, I appear for the Defendant and confess judgment in favor of the Plaintiff and against Defendant as follows: Principal $ 95,031.95 Interest through 12/11/09 $ 3,901.97 Late fees through 12/11/09 $ 492.12 Filing Fee $ 27.50 Sheriffs Fee $ 100.00 Attornev Commission $ 9,893.39 Total: $ 109,446.93 Respectfully submitted, REAGER & ADLER, P.C. Date: December 11, 2009 Wayn S. Martin, Esquire Attorney for Defendant FILED .-OFF-KOE 2099 DEC 14 Pill 2: 03 ?J REAGER & ADLER, P.C. BY: THOMAS O. WILLIAMS, ESQUIRE Attorney I.D. No.: 67987 Email: TWilliamsaa,Rea erAdlerPC com BY: WAYNE S. MARTIN, ESQUIRE Attorney I.D. No. 208078 Email: WMaAinna ReaserAdlerPC com 2331 Market Street Camp Hill, PA 17011 (717) 763-1383 INTEGRITY BANK, Plaintiff, V. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION NO. OQ-81.0t J. MICHAEL ADLER, Defendant CONFESSION OF JUDGMENT COMPLAINT IN CONFESSED JUDGMENT Plaintiff, Integrity Bank (hereinafter "Integrity") is a Pennsylvania Financial Institution with a mailing address of 3345 Market Street, Camp Hill, Pennsylvania 17011. 2. Defendant, J. Michael Adler (hereinafter "Adler") is an adult individual with a principal place of residence of 2915 Enola Road, Carlisle, PA 17015. 3. This is an action to confess judgment for damages arising out of the default of a promissory note (hereinafter the "Note") entered into between Integrity and Adler on March 15, 2007. A true and correct copy of the March 15, 2007 Note is attached hereto and incorporated herein, as Exhibit A. 4. Under the terms of the Note, Integrity agreed to lend Adler the principal amount of $100,000 and Adler agreed to repay the Note amount in monthly installments of principal and interest that would begin on March 15, 2007 and continue until March 15, 2027. 5. On or about March 15, 2007, Adler signed a Disclosure for Confession of Judgment acknowledging that the Note contained a confession of judgment provision. A true and correct copy of the Disclosure for Confession of Judgment is attached hereto and incorporated herein, as Exhibit B. 6. Adler has defaulted under the terms of the Note by failing to pay the principal and interest payments due on October 15, 2009 in the amount of $820.32 and November 15, 2009 in the amount of $820.32. 7. The total balance due including the principal and accrued, unpaid interest, and attorney's commission of 10% as set forth in the Confession of Judgment attached as Exhibit A, as of December 11, 2009 is as follows: Principal $ 95,031.95 Interest through 12/11/09 $ 3,901.97 Late fees through 12/11/09 $ 492.12 Filing Fee $ 27.50 Sheriff s Fee $ 100.00 Attorney Commission $ 9,893.39 Total: $ 109,446.93 8. Interest on the principal continues to accrue at an amount of $ 33.33 per day after December 11, 2009. 9. The Note under which judgment is being confessed has not been assigned. 10. Judgment is demanded as authorized by the Warrant of Attorney contained in the Note attached as Exhibit A in the amount of $ 109,446.93. 11. Judgment is not being entered by confession of judgment against a natural person in connection with a consumer credit transaction. 12. The Warrant appearing in the attached Note is less than twenty (20) years old. 2 13. Judgment upon the Note has not been entered in any other jurisdiction as of the date of filing this Confession of Judgment. 14. Integrity has taken all actions or complied with all conditions precedent to the filing of this action. WHEREFORE, Plaintiff, Integrity Bank demands judgment against Defendant, J. Michael Adler in the amount of $ 109,446.93 plus interest, which continues to accrue in the amount of $ 33.33 per day from December 11, 2009 forward, as authorized by the Warrant appearing in the attached Promissory Note, together with interest from the date of judgment and costs. Respectfully submitted, REAGER & ADLER, P.C. Date: December 11, 2009 Tho O. Williams, Esquire Attorney I.D. No. 67987 Wayne S. Martin, Esquire Attorney I.D. No. 208078 2331 Market Street Camp Hill, PA 17011-4642 (717) 763-1383 ??? ? ? ! ? PROMISSORY NOTE Borrower: J MICHAEL ADLER (SSN: 194-44-8246) 2915 ENOLA ROAD Lender: Integrity Bank CARLISLE, PA 17015 Camp Hill Office 3345 Market Street Camp Hill, PA 17011 (717) 92 0-4900 Principal Amount: $100,000.00 Date of Note: March 15, 2007 PROMISE TO PAY. J MICHAEL ADLER ("Borrower") promises to pay to Integrity Bank ("Lender", o order, In of the United States of America, the principal amount of One Hundred Thousand & 00/100 Dollars ($100,000).00), together withlawfulIntermoney principal balance from March 15, 2007, until paid in full. st on the unpaid PAYMENT. Subject to any payment.changes resulting from changes in the Index, Borrower will pay this loan in accordance with the following payment schedule: 60 monthly consecutive principal and interest payments in the Initial amount of $820.32 each, beginning April 16, 2007, with interest calculated on the unpaid principal balances at an initial discounted interest rate of 7.625% consecutive principal and Interest payments in the initial amount of $904.78 each, beginning April 15, 2012, with interest calculated on tthe per annum; and 180 mon unpaid principal balances at an Interest rate based on the New York Prime Rate of Interest. The New York Prime Rate of interest shall mean the interest rate per annum announced from time to time In various business journals, such as The Wall Street Journal, as the "Prime Rate of Interest". The New York Prime Rate of Interest is an index, and loans of the Bank may be established at, above or below the Index. The New York Prime Rate of Interest is not necessarily the Bank's lowest rate of interest. The Interest rate shall float at New York Prime (currently 8.250%), plus a margin of 1.000%, resulting in an initial interest rate of 9.250%. Borrower's final payment will be due on March 16, 2027 and will be for all principal and accrued Interest not yet paid, together with any other unpaid amounts under this Note. 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. For the first 60 payments, the interest rate on this loan will be 7.625%. Thereafter, the interest rate on this Note is subject to change from time to time based on changes in an independent index which is the New York Prime Rate of Interest. The New York Prime Rate of interest shall mean the interest rate per annum announced from time to time in various business journals, such as The Wall Street Journal, as the "Prime Rate of Interest". The New York Prime Rate of Interest is an index, and loans of the Bank may be established at, above or below the index. The New York Prime Rate of Interest is not necessarily the Bank's lowest rate of interest. The interest rate shall float at New York Prime (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 Day. Borrower understands that Lender may make loans based on other rates as well. The Index currently is 8.250% per annum. The interest rate or rates to be applied to the unpaid principal balance during this Note will be the rate or rates set forth herein in the "Payment" section. Notwithstanding any other provision of this Note, after the first payment stream, the interest rate for each subsequent payment stream will be effective as of the last payment date of the just-ending payment stream. NOTICE: Under no circumstances will the interest rate on this Note 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:' (A) 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, (Cl increase the number of Borrower's payments, and (D) continue Borrower's payments at the same amount and increase Borrower's final payment. PREPAYMENT PENALTY. 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. Upon prepayment of this Note, Lender is entitled to the following prepayment penalty: 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. Upon prepayment of this Note, Lender Is entitled to the following prepayment premium: Prepayment of any amount of the principal sum shall be subject to a penalty charge of 5% during the first year of amortization and declining 1% per year thereafter to par (based on prepayment through external financing-prepayment, although Internally generated funds is permitted without a premium).. Except for the foregoing, Borrower may pay 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 under the payment schedule. Rather, early payments will reduce the principal balance due and may result in Borrower's making fewer payments. 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: Integrity Bank, 3314 Market Street Camp Hill, PA 17011. LATE CHARGE. If a payment is 10 days or more late, Borrower will be charged 5.000% of the regularly scheduled payment or $10.00, 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 5.000 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. After maturity, or after this Note would have matured had there been no default, the Default Rate Margin will continue to apply to the final interest rate described in this Note. 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. 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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 ($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 REPRESEMT,F-D 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: as, X Seal) J MICHAEL ADLER LENDER INTEGRITY BANK X Gary A11c,a Officer X,-v ?t,. LASER PRO L-dit Vu, 6.99.00.004 !Copt, M.,I.E HnWC141 S"Itimk Inc. 1997, 2007. AN RIS6u P-d. - PA K:1LENpING1...- .102 1 TR-179! -.1. -?, 6 r, . DISCL?.,SLIRE FOR CONFESSION OF 1DGMENT References in the s ........................:.?:::::::.:.?.:?:::;:?:•:•::•;:•:•••raso:•:;•:•:::aw:s>:<:t>;•;:•;:•;:•:•:•::;•::: ;::ix:;al:?ts?iF.;;.;;:;:;;• :•:;;xra:?::•iay:r.•?:•:•x;?:>::c: haded area are for Lender's use only and do not limit the applicability of this document to an r to •'••• •.......,...•.,...,.,,.'• Any item above containing has been omitted due to text length limitations. Y particular loan or item. Declarant: J MICHAEL ADLER (SSN: 194-44-8246) 2915 ENOLA ROAD Lender: Integrity Bank CARLISLE, PA 17015 Camp HIII Office 3345 Market Street Camp Hill, PA 17011 (717) 920-4900 DISCLOSURE FOR CONFESSION OF JUDGMENT I AM EXECUTING, THIS -I;k DAY OF vr/??tt 20 Q7, A PROMISSORY NOTE FOR $100,000.00 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 I EXPRESSLY AGREE AND CONSENT TO LENDER'S ENTERING JUDGMENT AGAINST ME BY CONFESSION AS PROVIDED FOR IN THE CONFESSION OF JUDGMENT PROVISION. B. I 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, I AM KNOWINGLY, INTELLIGENTLY AND VOLUNTARILY WAIVING THESE RIGHTS, AND I EXPRESSLY AGREE AND CONSENT TO LENDER'S IMMEDIATELY EXECUTING ON THE JUDGMENT IN ANY MANNER PERMITTED BY APPLICABLE STATE AND FEDERAL LAW, WITHOUT GIVING ME ANY ADVANCE NOTICE. C. AFTER HAVING READ AND DETERMINED WHICH OF THE FOLLOWING STATEMENTS ARE APPLICABLE, BY INITIALING EACH STATEMENT THAT APPLIES, I REPRESENT THAT: INITIALS 1. I 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. D. I 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. DECLARANT: X ER 1Seal) J M LASER PRO Lwdi g, Vo. 5.93.00.0W CW ".1- Fh-W 501utbn., In O. 1857, 3007. AN RIO', P-d. - PA KALENOINOICFIILR\03,FC TR-1795 PR-19 REAGER & ADLER, P.C. BY: THOMAS O. WILLIAMS, ESQUIRE Attorney I.D. No.: 67987 Email: TWilliams(o)ReagerAdlerPC com BY: WAYNE S. MARTIN, ESQUIRE Attorney I.D. No. 208078 Email: WMartinARea erAdlerPC.com 2331 Market Street Camp Hill, PA 17011 (717) 763-1383 INTEGRITY BANK, Plaintiff, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA V. J. MICHAEL ADLER, Defendant CIVIL ACTION NO. : CONFESSION OF JUDGMENT VERIFICATION I, Gary G. Klick, am the Vice President/Commercial Lender for Integrity Bank, and, as such, I am authorized to verify the averments of the foregoing document are true and correct to my personal knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904, relating to unsworn falsification to authorities. Date: l? - ? ? ' U cl By. Gary G. Klic , Vice President/Commercial Lender, Integrity Bank oig 2uFg 2: 04 a ,. d4 n TO 7i cL?1 CK4 27y43 1?4 a 3Y44y REAGER & ADLER, P.C. BY: THOMAS O. WILLIAMS, ESQUIRE Attorney I.D. No.: 67987 Email: TWilliamsna ReaaerAdlerPC com BY: WAYNE S. MARTIN, ESQUIRE Attorney I.D. No. 208078 Email: WMartiniD eaaerAdlerPC com 2331 Market Street Camp Hill, PA 17011 (717) 763-1383 INTEGRITY BANK, Plaintiff, V. J. MICHAEL ADLER, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION NO. OQ l CONFESSION OF JUDGMENT TO: J. Michael Adler, Defendant You are hereby notified that on December 11, 2009, judgment by confession was entered against you in the sum of $ 109.446.93 in the shnve enntinnPrl Baca Date: YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 (717) 249-3166 I hereby certify that the following is the address of the defendant stated in the certificate of residence: 2915 Enola Road Carlisle, PA 17015 Att o ey for Plaintiff READER & ADLER, P.C. BY: THOMAS O. WILLIAMS, ESQUIRE Attorney I.D. No.: 67987 Email: TWilliamsaReagerAdlerPC com BY: WAYNE S. MARTIN, ESQUIRE Attorney I.D. No. 208078 Email: WMartin(a,ReagerAdlerPC com 2331 Market Street Camp Hill, PA 17011 (717) 763-1383 INTEGRITY BANK, IN THE COURT OF COMMON PLEAS Plaintiff, CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION J. MICHAEL ADLER, NO. Defendant CONFESSION OF JUDGMENT A J. Michael Adler, Defendidos Usted esta siendo notificado que el 11 de December del 2009, se anoto en contra suya un fallo pro confesion en la suma de $ 109,446.93 en el caso memcionado en el epigrafe. FECHA: Prothonotario USTED DEBE LLEVAR INMEDIATAMENTE ESTE DOCUMENTO A SU ABOGADO. SI USTED NO TIENE UN ABOGADO O NO PUEDE PAGARLE A UNO, LLAME O VAYA A LA SIGUIENTE OFICINA PARA AVERIGUAR DONDE PUEDE ENCONTRAR ASSISTENCIA LEGAL. Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 (717) 249-3166 Certifico que la siguiente direccion es la del defedida segun indicada en el certificado de residencia: 2915 Enola Road Carlisle, PA 17015 Abog o del Demandante REAGER & ADLER, P.C. BY: THOMAS O. WILLIAMS, ESQUIRE Attorney I.D. No.: 67987 Email: TWilliamsnn ReaserAdlerPC com BY: WAYNE S. MARTIN, ESQUIRE Attorney I.D. No. 208078 Email: WMartin(u?ReagerAdlerPC com 2331 Market Street Camp Hill, PA 17011 (717) 763-1383 INTEGRITY BANK, J. MICHAEL ADLER, Defendant CIVIL ACTION NO. OQ-81°01 etu?L"_? : CONFESSION OF JUDGMENT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff, V. ENTRY OF APPEARANCE TO THE PROTHONOTARY: Enter my appearance for the above-named Defendant pursuant to the Warrant of Attorney contained in the Promissory Note, attached hereto. Respectfully submitted, REAGER & ADLER, P.C. Date: December 11, 2009 Thomas 0. Williams, Esquire Wayne S. Martin, Esquire PROMISSORY NOTE Borrower: J MICHAEL ADLER (SSN: 194-44-8246) Lender: Integrity Bank 2915 ENOLA ROAD Camp Hill Office CARLISLE, PA 17015 3345 Market Street Camp Hill, PA 17011 (717) 920 4900 d` tkfiM. Principal Amount: $100,000.00 @@@ 2007 PROMISE TO PAY. J MICHAEL ADLER ("Borrower") promises to pay to Integrity Bank Dete lawful Of NOt@: March 1 the United States of America, the principal amount of One Hundred Thousand & 00/100 Dollars ($100,000.00)r principal balance from March 15, 2007, until paid in full. together with Interest on the unpaid PAYMENT. Subject to any payment.changes resulting from changes In the Index, Borrower will pay this loan in accordance with the following payment schedule: 60 monthly consecutive principal and interest payments in the Initial amount of $820.32 each, beginning April 15, 2007, with interest calculated on the unpaid principal balances at an Initial discounted interest rate of 7.625% per annum; and 180 monthly consecutive principal and interest payments in the Initial amount of $904.78 each, beginning April 15, 2012, with interest calculated on the unpaid principal balances at an Interest rate based on the New York Prime Rate of Interest. The New York Prime Rate of interest shall mean the interest rate per annum announced from time to time in various business journals, such as The Wall Street Journal, as the "Prime Rate of Interest". The New York Prime Rate of Interest is an index, and loans of the Bank may be established at, above or below the index. The New York Prime Rate of Interest Is not necessarily the Bank's lowest rate of Interest. The interest rate shall float at New York Prime (currently 8.250%), plus a margin of 1.000%, resulting in an initial Interest rate of 9.250%. Borrower's final payment will be due on March 15, 2027 and will be for all principal and accrued Interest not yet paid, together with any other unpaid amounts under this Note. 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. For the first 60 payments, the interest rate on this loan will be 7.625%. Thereafter, the interest rate on this Note is subject to change from time to time based on changes in an independent index which is the New York Prime Rate of Interest. The New York Prime Rate of interest shall mean the interest rate per annum announced from time to time in various business journals, such as The Wall Street Journal, as the "Prime Rate of Interest". The New York Prime Rate of Interest is an index, and loans of the Bank may be established at, above or below the index. The New York Prime Rate of Interest is not necessarily the Bank's lowest rate of interest. The interest rate shall float at New York Prime (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 Day. Borrower understands that Lender may make loans based on other rates as well. The Index currently Is 8.250% per annum. The interest rate or rates to be applied to the unpaid principal balance during this Note will be the rate or rates set forth herein in the "Payment" section. Notwithstanding any other provision of this Note, after the first payment stream, the interest rate for each subsequent payment stream will be effective as of the last payment date of the just-ending payment stream. NOTICE: Under no circumstances will the interest rate on this Note 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:' (A) increase Borrower's payments to ensure Borrower's loan will pay off by its original final maturity date, (B) increase Borrower's payrrients 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. PREPAYMENT PENALTY. 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. Upon prepayment of this Note, Lender is entitled to the following prepayment penalty: 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. Upon prepayment of this Note, Lender is entitled to the following prepayment premium: Prepayment of any amount of the principal sum shall be subject to a penalty charge of 5% during the first year of amortization and declining 1 % per year thereafter to par (based on prepayment through external financing-prepayment, although internally generated funds is permitted without a premium).. Except for the foregoing, Borrower may pay 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 under the payment schedule. Rather, early payments will reduce the principal balance due and may result in Borrower's making fewer payments. 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: Integrity Bank, 3314 Market Street Camp Hill, PA 17011. LATE CHARGE. If a payment is 10 days or more late, Borrower will be charged 5.000% of the regularly scheduled payment or $10.00, 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 5.000 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. After maturity, or after this Note would have matured had there been no default, the Default Rate Margin will continue to apply to the final interest rate described in this Note. 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. 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. PROMISSORY NOTE Loan No: 1500184750 (Continued) Page 2 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. Event 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. 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 if Borrower, after receiving written notice from Lender demanding cure of such default: (1) cures the default within ten (10) days; or (2) if the cure requires more than ten (10) 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 under 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. 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. DISHONORED ITEM FEE. Borrower will pay a fee to Lender of $10.00 if Borrower makes a payment on Borrower's loan and the check or preauthorized charge with which Borrower pays is later dishonored. 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. COLLATERAL. Borrower acknowledges this Note is secured by a 1 st mortgage lien on 331 East Fort Street, Shippensburg, Cumberland County, Pennsylvania. CALL OPTION. The Bank shall have a call option which may be exercised to be effective on each fifth anniversary of the date of closing, subject to ninety (90) days advance written notice to Borrower advising the Bank's election to call the obligation due. PATRIOT ACT. TO HELP THE GOVERNMENT FIGHT THE FUNDING OF TERRORISM AND MONEY LAUNDERING ACTIVITIES, FEDERAL LAW REQUIRES ALL FINANCIAL INSTITUTIONS TO OBTAIN, VERIFY, AND -RECORD INFORMATION THAT IDENTIFIES EACH PERSON WHO OPENS AN ACCOUNT. WHAT THIS MEANS FOR YOU: WHEN YOU OPEN AN ACCOUNT, WHETHER IT BE A DEPOSIT ACCOUNT OR A LOAN, WE WILL ASK FOR YOUR NAME, ADDRESS, DATE OF BIRTH, AND OTHER INFORMATION THAT WILL ALLOW US TO IDENTIFY YOU. WE MAY ALSO ASK TO SEE YOUR DRIVER'S LICENSE OR OTHER IDENTIFYING DOCUMENTS. CROSS COLLATERALIZED/CROSS DEFAULT. This loan also secures payment and performance of all other loans to Borrower or any guarantor. The word "Guarantor" means any guarantor, surety or accomondation party of any or all of 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. GENERAL PROVISIONS. 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, -ive presentment, demand for payment, and notice dishonor. Upon any change in the terms of this Note, and unless otherwise expressly s J in writing, no party who signs this Note, whe? as maker, guarantor, accommodation maker or endorser, shall be, released from liability. All such parties agree that Lender may renew or eAcend (repeatedly and for any length of time) this ' PROMISSORY NOTE Loan No: 15001847.50 (Continued) Page 3 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 ($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 REPRESEPAFD 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) J MICHAEL ADLER LENDER: INTEGRITY BANK X ? Gary 414fle-ar LAGER PRO Lw:tl110. Vr, 6.90.00.000 'Cop,, NerNntl Nr,melel 8olutloM, Ine. 1687. 2007. All I-- RwrvW. - PA K:LLEND1NGkCF6LPL%020.FC TR-177! PR-19 FILED-; O RCE OF TF,4 F'; p - -j."N NARY 2o090EC 14 Pal 2' 03 REAGER & ADLER, P.C. BY: THOMAS O. WILLIAMS, ESQUIRE Attorney I.D. No.: 67987 Email: TWilliamsAReagerAdlerPC com BY: WAYNE S. MARTIN, ESQUIRE Attorney I.D. No. 208078 Email: WMartinAReaeerAd_le_rPC_c_om 2331 Market Street Camp Hill, PA 17011 (717) 763-1383 INTEGRITY BANK, Plaintiff, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA V. J. MICHAEL ADLER, Defendant : CIVIL ACTION NO. 09 -8L0 I CONFESSION OF JUDGMENT NOTICE UNDER RULE 2958.1 OF JUDGMENT AND EXECUTION THEREON NOTICE OF DEFENDANTS' RIGHTS TO: J. Michael Adler A judgment in the amount of $ 109,446.93 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 already 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 OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. -61 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 RO NO FEE. Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 (717) 249-3166 Date: December 11, 2009 -ZZZ Wayn S. Martin, Esquire REAGER & ADLER, P.C. 2331 Market Street Camp Hill, PA 17011 (717) 763-1383 Attorneys for Plaintiff i I LE- 2009 OcC 14 Phi 2: 04 c UN REAGER & ADLER, P.C. BY: THOMAS O. WILLIAMS, ESQUIRE Attorney I.D. No.: 67987 Email: TWilliamsa.ReagerAdlerPC.com BY: WAYNE S. MARTIN, ESQUIRE Attorney I.D. No. 208078 Email: WMartin@Reag_erAdlerPC.com 2331 Market Street Camp Hill, PA 17011 (717) 763-1383 INTEGRITY BANK, Plaintiff, V. J. MICHAEL ADLER, Defendant IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION : NO. v'Z - gL.6 CONFESSION OF JUDGMENT NOTICE UNDER RULE 2737.1 OF RIGHT TO RECOVER ATTORNEY FEES AND COSTS AND PROCEDURE TO FOLLOW TO STRIKE OFF OR OPEN A CONFESSED JUDGMENT TO: J. Michael Adler Pursuant to 42 Pa.C.S.A. 2737. 1, you are hereby notified that a debtor who has been incorrectly identified and had a confession of judgment entered against him shall be entitled to costs and reasonable attorney fees as determined by the court. Pursuant to 42 Pa.C.S.A. § 2737.1, you are hereby notified of the instructions regarding the procedure to follow to strike off or open a confessed judgment under Pennsylvania Rule of Civil Procedure 2959, which is reproduced in full, on the following page. REAGER & ADLER, P.C. Date: December 11, 2009 Wa e S. Martin, Esquire 2331 Market Street Camp Hill, PA 17011 (717) 763-1383 PENNSYLVANIA RULE OF CIVIL PROCEDURE 2959 STRIKING OFF OR OPENING JUDGMENT, PLEADINGS; PROCEDURE (a)(1) Relief from a judgment by confession shall besought by petition. Except as provided in subparagraph (2), all grounds for relief whether to strike off the judgment or to open it must be asserted in a single petition. The petition may be filed in the county in which the judgment was originally entered, in any county to which the judgment has been transferred or in any other county in which the sheriff has received a writ of execution directed to the sheriff to enforce the judgment. (2) The ground that the waiver of the due process rights of notice and hearing was not voluntary, intelligent and knowing shall be raised only (i) in support of a further request for a stay of execution where the court has not stayed execution despite the timely filing of a petition for relief from the judgment and the presentation of prima facie evidence of a defense; and (ii) as provided by Rule 2958.3 or Rule 2973.3. (3) If a written notice is served upon the petitioner pursuant to Rule 2959.1(c)(2) or Rule 2973.1(c), then petition shall be filed within thirty days after such service. Unless the defendant can demonstrate that there were compelling reasons for the delay, a petition not timely filed shall be denied. (b) If the petition states prima facie grounds for relief, the court shall issue a rule to show cause and may grant a stay of proceedings. After being served with a copy of the petition the plaintiff shall file an answer on or before the return day of the rule. The return day of the rule shall be fixed by the court by local rule or special order. (c) A party waives all defenses and objections which are not included in the petition or answer. (d) The petition and the rule to show cause and the answer shall be served as provided in Rule 440. (e) the court shall dispose of the rule on petition and answer, and on any testimony, depositions, admissions and other evidence. The court for cause shown may stay proceedings on the petition insofar as it seeks to open the judgment pending disposition of the application to strike off the judgment. If evidence is produced which in a jury trial would require the issues to be submitted to the jury, the court shall open the judgment. (f) The lien of the judgment of or 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. r ^?RY ji .H ? 2N9 DIE C 14 Pri 2*. 04 REAGER & ADLER, P.C. BY: THOMAS O. WILLIAMS, ESQUIRE Attorney I.D. No.: 67987 Email: TWilliams(iReagerAdlerPC com BY: WAYNE S. MARTIN, ESQUIRE Attorney I.D. No. 208078 Email: WMartina.ReagerAdlerPC com 2331 Market Street Camp Hill, PA 17011 (717) 763-1383 INTEGRITY BANK, IN THE COURT OF COMMON PLEAS Plaintiff, CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION J. MICHAEL ADLER, NO. t Defendant CONFESSION OF JUDGMENT AFFIDAVIT OF NON-MILITARY SERVICE Commonwealth of Pennsylvania ) ) ss: County of Cumberland ) The undersigned, being duly sworn according to law, deposes and says that the Defendant is not in the Military or Naval Service of the United States or Allies, or otherwise within the provisions of the Soldiers' and Sailors' Civil Relief Act of Congress of 1940, as amended: 6'v Wayne . Martin, Esquire Sworn to and subscribed Before me this _LC!day of •? , 2009. Notary Public COMMONWEALTH OF PENNSYLVANIA Notarial Seal Linda H. Miller, Notary Public Camp Hill eoro, Cumberland County my commission Expires May 9, 2013 Member, Pennsylvania Assodatlon of Notaries 2909 C:?C 14 Purl 2: 04 VOJ`i :! N Y 0 Y Y r'R ?'?? REAGER & ADLER, P.C. BY: THOMAS O. WILLIAMS, ESQUIRE Attorney I.D. No.: 67987 Email: TWiIliams(u?ReaaerAdlerPC com BY: WAYNE S. MARTIN, ESQUIRE Attorney I.D. No. 208078 Email: WMartin(c?ReaaerAdlerPC com 2331 Market Street Camp Hill, PA 17011 (717) 763-1383 INTEGRITY BANK, IN THE COURT OF COMMON PLEAS Plaintiff, CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION J. MICHAEL ADLER, NO. 09 ..8 `G Defendant CONFESSION OF JUDGMENT AFFIDAVIT THAT JUDGMENT IS NOT BEING ENTERED BY CONFESSION OF JUDGMENT AGAINST A NATURAL PERSON IN CONNECTION WITH A CONSUMER CREDIT TRANSACTION Commonwealth of Pennsylvania ) ) ss: County of Cumberland ) I, Wayne S. Martin, being duly sworn according to law, hereby state that the judgment being entered by confession is not being entered against a natural person in connection with a consumer credit transaction. Way e S. Martin, Esquire Sworn to and subscri.ed Before me this r gay of L??? , 2009. otary Public COMMONWEALTH OF PENNSYLVANIA Notarial Seal [:Linda p HI Boro, Cumberla duCounty ommission Expires May 9, 2013 Member, Pennsylvania Association of Notaries ?i1.t r CE 219 DEC 114 PPM 2.04 REAGER & ADLER, P.C. BY: THOMAS O. WILLIAMS, ESQUIRE Attorney I.D. No.: 67987 Email: _TWilliamsna Rea>?erAdlerPC com BY: WAYNE S. MARTIN, ESQUIRE Attorney I.D. No. 208078 Email: WMartin?eerAdlerPC com 2331 Market Street Camp Hill, PA 17011 (717) 763-1383 INTEGRITY BANK, Plaintiff, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA V. J. MICHAEL ADLER, Defendant : CIVIL ACTION . NO. i!?)"? ` 8L61 : CONFESSION OF JUDGMENT CERTIFICATION OF ADDRESSES I, Wayne S. Martin, Esquire of Reager & Adler, PC, Attorney for Plaintiff Integrity Bank, hereby certify that Plaintiff Integrity Bank's correct address is 3345 Market Street, Camp Hill, Pennsylvania 17011 and that the correct address for Defendant J. Michael Adler is 2915 Enola Road, Carlisle, PA 17015. I certify that the forgoing information is true and correct to the best of my knowledge, information and belief. REAGER & ADLER, PC By: 4; ? Wayn S. Martin Sworn to and subscribed before me this 1411, day of December, 2009. Notary Public COMMONWEALTH OF PENNSYLVANIA Notarlel awl Susanne K. SOW, Notary Public Camp Hill Boro, Cumberland Coup, MY Commission res Aug. 25, 2013 Member, Penns*l fr g Association of Notaries RUED 'l t inL AR Or: 2009 DEC 14 f i 2: 0 4 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 Or 01 611rib" '?'` 2009 DEC 22 Ph 2: 43 OFF1,F c'FF ?::F21FF I, ?? Integrity Bank vs. Case Number J. Michael Adler 2009-8601 SHERIFF'S RETURN OF SERVICE 12/18/2009 04:20 PM - Shawn Harrison, Deputy Sheriff, who being duly sworn according to law, states that on December 18, 2009 at 1620 hours, he served a true copy of the within Confession of Judgment, Complaint in Confessed Judgment, Notice Under Rule 2958.1 of Judgment and Execution Thereon Notice of Defendants' Rights, Notice Under Rule 2737.1 of Right to Recover Attorney Fees and Costs and Procedure to Follow to Strike Off or Open a Confessed Judgment, Affidavit of Non-Military Service, Affidavit That Judgment is Not Being Entered by Confession of Judgment Against a Natural Person in Connection with a Consumer Credit Transaction, Certification of Addresses and Entry of Appearance, upon the within named defendant, to wit: J. Michael Adler, by making known unto himself personally, at 2915 Enola Road, Carlisle, Cumberland County, Pennsylvania 17013 its contents and at the same time handing to him personally the said true and correct copy of the same. SHERIFF COST: $33.40 SO ANS S, December 21, 2009 R THgMAS KOIN, SHERIFF B3 ;c GcuMy5uitO ShenfP, 7elecsoft, Inc. 40 REAGER & ADLER, P.C. Thomas O. Williams, Esquire Attorney I.D. No. 67987 TWilliams@ReagerAdlerPC.com Wayne S. Martin, Esquire Attorney I.D. No. 208078 WMartin@ReagerAdlerPC.com 2331 Market Street Camp Hill, PA 17011 Telephone: (717) 763-1383 Facsimile: (717) 730-7366 33 Attorneys for Integrity Bank INTEGRITY BANK, IN THE COURT OF COMMON PLEAS Plaintiff, CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION J. MICHAEL ADLER, NO. 09-8601 Defendant : CONFESSION OF JUDGMENT PRAECIPE TO SATISFY JUDGMENT AND MARK LITIGATION SETTLED AND DISCONTINUED TO THE PROTHONOTARY: Kindly mark the above-captioned litigation as settled and discontinued with prejudice, and mark the Judgment as satisfied. REAGER & ADLER, P.C. Date: August 29, 2011 Attorney I.D. No. 208078 2331 Market Street Camp Hill, PA 17011 Telephone: (717) 763-1383 Attorneys for Integrity Bank Tho as O. Williams, Esquire Attorney I.D. No. 67987 Wayne S. Martin, Esquire CERTIFICATE OF SERVICE I, Alana L. Souders, Legal Assistant to Wayne S. Martin, Esquire, hereby certify that I have this date caused a true and correct copy of the foregoing document to be served upon the following party of record via First Class U.S. Mail, postage prepaid, addressed as follows: J. Michael Adler 2915 Enola Road Carlisle, PA 17015 Dated: September 6, 2011 G-CCIII, i