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HomeMy WebLinkAbout12-0814IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA METRO BANK f/k/a CIVIL DIVISION COMMERCE BANK/HARRISBURG, Plaintiff, NO.: 1s - Civi1Trm VS. ERIC R. BUXTON and STACY L. BUXTON, Defendants. CONFESSION OF JUDGMENT Pursuant to the authority contained in the aforesaid Note, a copy of which is attached to the Complaint filed in this action, I appear for the Plaintiff and confess judgment in favor of Plaintiff and against Defendants as follows: Principal Interest through 12-29-2011 Late Charges Unpaid Loan Fees Attorney's Fees and Costs (10% of Unpaid Principal & Accrued Interest) TOTAL with interest on the principal sum of ($36,742.68) from $ 36,742.68 $ 2,066.26 $ 385.93 $ 785.35 MM _ $ 3,880.89 c, cn r- - co ' $43,861.11 > 77 29? 1 at $7 04 yer diem. J BY: I --t?/ Scott A. I3ietterick, Esquire PA I.D. #55650 Ralph M. Salvia, Esquire PA I.D. #202946 Attorneys for Defendants PRO HAC VICE P.O. BOX 650 Hershey, PA 17033 (717) 533-3280 OZ 41P. oo P A ATty C? 10'15(0 ?o8aa- NoJiee Molded IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA METRO BANK f/k/a CIVIL DIVISION COMMERCE BANK/HARRISBURG, Plaintiff, NO.: vs. ??? 1 G FY' ?Zs M ERIC R. BUXTON and STACY L. BUXTON, Defendants. TO: DEFENDANT(s) YOU ARE HEREBY NOTIFIED TO PLEAD TO THE ENCLOSED COMPLAINT WITHIN TWENTY (20) DAYS FROM SERVICE HEREOF OR A DEFAULT JUDGMENT I HEREBY CERTIFY THAT THE ADDRESS OF THE PLAINTIFF IS: 3801 Paxton Street Harrisburg, PA 17111 AND THE DEFENDANT(S): 2506 Mall d W Mechanic ur.?. PA 37055 TYPE OF PLEADING: CIVIL ACTION - COMPLAINT IN CONFESSION OF JUDGMENT FILED ON BEHALF OF: Metro Bank f/k/a Commerce Bank/Harrisburg, Plaintiff COUNSEL OF RECORD FOR THIS PARTY: Scott A. Dietterick, Esquire Pa. I.D. #55650 Ralph M. Salvia, Esquire Pa. I.D. #202946 JAMES, SMITH, DIETTERICK & CONNELLY LLP P.O. BOX 650 Hershey, PA 17033 (717) 533-3280 A IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA METRO BANK f/k/a COMMERCE BANK/HARRISBURG, Plaintiff, VS. ERIC R. BUXTON and STACY L. BUXTON, Defendants. CIVIL DIVISION NO.: '), ?//q c v: I CIVIL ACTION - COMPLAINT IN CONFESSION OF JUDGMENT And now comes Metro Bank f/k/a Commerce Bank/Harrisburg by its attorneys, James, Smith, Dietterick & Connelly, LLP, and files this Complaint in Confession of Judgment as follows: 1. Metro Bank f/k/a Commerce Bank/Harrisburg ("Plaintiff') is a financial institution under the laws of the United States of America, with its principal place of business located at 3801 Paxton Street, Harrisburg, Pennsylvania 17111. 2. Defendants, Eric R. Buxton and Stacy L. Buxton, are adult individuals residing at 2506 Mallard Way, Mechanicsburg, Pennsylvania 17055. 3. On or about December 15, 2008, Defendants, executed and delivered a certain Promissory Note ("Note") in favor of Plaintiff in the original principal amount of $48,000.00, which Note authorized a Confession of Judgment against Defendants. A copy of said Note is marked Exhibit "A", attached hereto and made a part hereof. 4. The Note has not been released, transferred or assigned. 5. Judgment has not been entered against the Defendants on the Note in any jurisdiction. 6. Defendants are in default under the aforesaid Note, for failure to pay installments of principal and interest when due. 7. The judgment is not being entered by confession against a natural person in connection with a consumer credit transaction. 8. The itemization of the amount due, including interest and attorneys' fees as authorized by the Note is as follows: Principal $ 36,742.68 Interest through 12-29-2011 $ 2,066.26 Late Charges $ 385.93 Unpaid Loan Fees $ 785.35 Attorney's Fees and Costs $ 3,880.89 (10% of Unpaid Principal & Accrued Interest) TOTAL $ 43,861.11 with interest on the principal sum of ($36,742.68) from December 29, 2011 at $7.04 per diem. WHEREFORE, Plaintiff as authorized by the Note, demands judgment against the Defendants in the amount of $43,861.11 with interest on the principal sum ($36,742.68) from December 29, 2011 at $7.04 per diem, and brings said instrument to Court to recover the said sum. JAMES, & CONP BY: Scott A" Dietterick, Esqu PA I.D. # 55650 Ralph M. Salvia, Esquire PA I.D. #202946 Attorneys for Plaintiff P.O. Box 650 Hershey, PA 17033 (717) 533-3280 THIS IS AN ATTEMPT TO COLLECT A DEBT, AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. EXHIBIT "Al") PROMISSORY NOTE Principal Loan Date Maturity Loan No Call /toll Account F Officer Initials $48,000.00 12-15-2008 1 12-15-2013 3699688 I 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: Eric R. Buxton Stacy L. Buxton 2506 Mallard Way Mechanicsburg, PA 17055 Lender: COMMERCE BANK/HARRISBURG COMMERCIAL BUSINESS DEPARTMENT 3801PAXTON STREET HARRISBURG, PA 17111 (888) 937-0004 Principal Amount: $48,000.00 Interest Rate: 6.990° Date of Note: December 15, 2008 PROMISE TO PAY. Eric R. Buxton and Stacy L. Buxton I"Borrower") jointly and severally promise to pay to COMMERCE BANK/HARRISBURG ("Lender"), or order, in lawful money of the United States of America, the principal amount of Forty-eight Thousand & 00/100 Dollars ($48,000.00), together with interest at the rate of 6.990% per annum on the unpaid principal balance from December 15, 2008, until paid in full. The interest rate may change under the terms and conditions of the "INTEREST AFTER DEFAULT" section. PAYMENT. Borrower will pay this loan in 60 payments of $952.45 each payment. Borrower's first payment is due January 15, 2009, and all subsequent payments are due on the same day of each month after that. Borrower's final payment will be due on December 15, 2013, and will be for all principal and all accrued interest not yet paid. Payments include principal and interest. 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 3651360 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. 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: 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. 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: COMMERCE BANK/HARRISBURG, LOAN SERVICING, 3801 PAXTON STREET HARRISBURG, PA 17111. LATE CHARGE. If a payment is 10 days or more late, Borrower will be charged 5.000% of the regularly scheduled payment. INTEREST AFTER DEFAULT. Upon default, including failure to pay upon final maturity, the interest rate on this Note shall be increased by 4.000 percentage points. 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. 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 of any of the indebtedness or any guarantor, endorser, surety, or accommodation party dies or becomes incompetent, or revokes or disputes the validity of, or liability under, any guaranty of the indebtedness evidenced by this Note. Adverse Change. A material adverse change occurs in Borrower's financial condition, or Lender believes the prospect of payment or performance of this Note is impaired. Insecurity. Lender in good faith believes itself insecure. 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 fifteen 115) days; or (2) if the cure requires more than fifteen (15) PROMISSORY NOTE Loan No: 3699688 (Continued) Page 2 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 reasonable attorneys' fees and Lender's legal expenses, whether or not there is a lawsuit, including reasonable 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 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. 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 the following collateral described in the security instrument listed herein: a Mortgage dated December 15, 2008, to Lender on real property located in Cumberland County, Commonwealth of Pennsylvania. POST CLOSING COMPLIANCE. Borrower agrees to execute, re-execute, cause a Guarantor(s) or other third party(ies) 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 (10) 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. NOTIFY US OF INACCURATE INFORMATION WE REPORT TO CONSUMER REPORTING AGENCIES. Please notify us if we report any inaccurate information about your account(s) to a consumer reporting agency. Your written notice describing the specific inaccuracy(ies) should be sent to us at the following address: COMMERCE BANK/HARRISBURG LOAN SERVICING 3801 PAXTON STREET HARRISBURG, PA 17111. 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. Each Borrower understands and agrees that, with or without notice to Borrower, Lender may with respect to any other Borrower (a) make one or more additional secured or unsecured loans or otherwise extend additional credit; (b) alter, compromise, renew, extend, accelerate, or otherwise change one or more times the time for payment or other terms of any indebtedness, including increases and decreases of the rate of interest on the indebtedness; (c) exchange, enforce, waive, subordinate, fail or decide not to perfect, and release any security, with or without the substitution of new collateral; (d) apply such security and direct the order or manner of sale thereof, including without limitation, any non-judicial sale permitted by the terms of the controlling security agreements, as Lender in its discretion may determine; (e) release, substitute, agree not to sue, or deal with any one or more of Borrower's sureties, endorsers, or other guarantors on any terms or in any manner Lender may choose; and (f) determine how, when and what application of payments and credits shall be made on any other indebtedness owing by such other Borrower. 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 ($500) ON WHICH JUDGMENT OR JUDGMENTS ONE OR MORE EXECUTIONS MAY ISSUE IMMEDIATELY; AND FOR SO DOING, THIS NOTE OR A COPY OF THIS NOTE VERIFIED BY AFFIDAVIT SHALL BE SUFFICIENT WARRANT. THE AUTHORITY GRANTED IN THIS NOTE TO CONFESS JUDGMENT AGAINST BORROWER SHALL NOT BE EXHAUSTED BY ANY EXERCISE OF THAT AUTHORITY, BUT SHALL CONTINUE FROM TIME TO TIME AND AT ALL TIMES UNTIL PAYMENT IN FULL OF ALL AMOUNTS DUE UNDER THIS NOTE. BORROWER HEREBY WAIVES ANY RIGHT BORROWER MAY HAVE TO NOTICE OR TO A HEARING IN CONNECTION WITH ANY SUCH CONFESSION OF JUDGMENT AND STATES THAT EITHER A REPRESENTATIVE OF LENDER SPECIFICALLY CALLED THIS CONFESSION OF JUDGMENT PROVISION TO BORROWER'S ATTENTION OR BORROWER HAS BEEN REPRESENTED BY INDEPENDENT LEGAL COUNSEL. PROMISSORY NOTE Loan No: 3699688 ? (Continued) Page 3 PRIOR TO SIGNING THIS NOTE, EACH BORROWER READ AND UNDERSTOOD ALL THE PROVISIONS OF THIS NOTE. EACH 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) Eri uxton X (Seal) lacy L. Buxto LASER RRO L-9 - 5 4000.003 Cop' H-d Fllv,cW Snlutanc, - 1997. 2009. M Riel14 R.- 0A 5' 1CFgLPL1020.FC TO-29109 PitI& DISCLOSU..c FOR CONFESSION OF JUD.,.JIENT Principal Loan Date Maturity Loan No Call / Coll Account Officer Initials $48,000.00 1 12-15-2008 12-15-2013 3699688 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: Eric R. Buxton Stacy L. Buxton 2506 Mallard Way Mechanicsburg, PA 17055 Lender: COMMERCE BANK/HARRISBURG COMMERCIAL BUSINESS DEPARTMENT 3801 PAXTON STREET HARRISBURG, PA 17111 (888) 937-0004 Declarant: Eric R. Buxton 2506 Mallard Way Mechanicsburg, PA 17055 DISCLOSURE FOR CONFESSION OF JUDGMENT I AM EXECUTING, THIS I C-) DAY OF 200 V, A PROMISSORY NOTE FOR $48,000.00 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 BYESSION AS PROVIDED FOR IN THE CONFESSION OF JUDGMENT PROVISION. INITIALS: L_ 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, 1 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. INITIALS: . C. AFTER HAVING READ AND DETERMINED WHICH OF THE FOLLOWING STATEMENTS ARE APPLICABLE, BY INITIALING EACH STATEMENT THAT 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. D. I CERTIFY THAT MY ANNUAL INCOME EXCEEDS $10,000; THAT THE BLANKS IN THIS DISCLOSURE WERE FILLED IN WHEN 1 INITIALED AND SIGNED IT; AND THAT I RECEIVED A COPY AT THE TIME OF SIGNING. THIS DISCLOSURE IS GIVEN UNDER SEAL AND IT IS INTENDED THAT THIS DISCLOSURE IS AND SHALL CONSTITUTE AND HAVE THE EFFECT OF A SEALED INSTRUMENT ACCORDING TO LAW. DECLARANT: X? (Seal) Eric R,?$dxt6n LASER PRO Landing. - 5.00.00.003 CPP. --d Pinang. 5--- i- 1997 2008 All RW- Re,erve,l PA 5'\CFRLPL\D30.FC TR-28109 PR-18 DISCLOSU,..: FOR CONFESSION OF JUD?.,JIENT Principal Loan Date Maturity Loan No Call / Coll Account Officer Initials $48,000.00 12-15-2008 12-15-2013 3699688 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: Eric R. Buxton Lender: COMMERCE BANK/HARRISBURG Stacy L. Buxton COMMERCIAL BUSINESS DEPARTMENT 2506 Mallard Way 3801 PAXTON STREET Mechanicsburg, PA 17055 HARRISBURG, PA 17111 (888) 937-0004 Declarant: Stacy L. Buxton 2506 Mallard Way Mechanicsburg, PA 17055 DISCLOSURE FOR CONFESSION OF JUDGMENT f? I AM EXECUTING, THIS 1 DAY OF ?L ?l c?Lb? 20 A PROMISSORY NOTE FOR $48,000.00 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. INITIALS 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 PERMI ED 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, BY INITIALING EACH STATEMENT THAT 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. 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 (Seal) Stacy L. Buxton LASER PRO -d- Va. 5.40.00.00.] C,p,. H-d Financial Solul-, inc. 1997. 2008. All Ri9- Reurvatl. PA SAMLPIUMEC iR-38109 PR-16 IN. THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA METRO BANK f/k/a CIVIL DIVISION COMMERCE BANK/HARRISBURG, Plaintiff, NO.: vs. ERIC R. BUXTON and STACY L. BUXTON, Defendants. VERIFICATION I, John T. Robertson, Vice President of Metro Bank depose and say subject to the penalties of 18 Pa.C.S.A., sec.4904 relating to unworn falsification to authorities that the facts set forth in the foregoing pleading are true and correct to the best of my information, knowledge and belief. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA METRO BANK f/k/a CIVIL DIVISION COMMERCE BANK/HARRISBURG, Plaintiff, NO.: alvilTerm vs. ERIC R. BUXTON and STACY L. BUXTON, Defendants. NOTICE UNDER RULE 2958.1 - , OF JUDGMENT AND EXECUTION THEREON `--. , v,r° > CL r Notice of Defendant's Rights To: Eric R. Buxton ? ILI 2506 Mallard Way - = Mechanicsburg, PA 17055 A judgment in the amount of $43,861.11 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 OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. NOTICE TO DEFEND & LAWYER REFERRAL SERVICE Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 Phone (717) 249-3166 (800) 990-9108 Respectfully b ed: JAMES, S I H EPd K & CONNELLY LLP By: Scott A. D-ietterick, Esquire Attorney I.D. #55650 Ralph M. Salvia, Esquire Attorney I.D. #202946 P.O. Box 650 Hershey, PA 17033 (717) 533-3280 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA METRO BANK f/k/a COMMERCE BANK/HARRISBURG, Plaintiff, vs. CIVIL DIVISION NO.: fa- siq Ciiv?lTerm ERIC R. BUXTON and STACY L. BUXTON, Defendants. NOTICE UNDER RULE 2958.1 OF JUDGMENT AND EXECUTION THEREON Notice of Defendant's Rights To: Stacy L. Buxton 2506 Mallard Way Mechanicsburg, PA 17055 cra ?` t co -a A judgment in the amount of $43,861.11 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 OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. NOTICE TO DEFEND & LAWYER REFERRAL SERVICE Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 Phone (717) 249-3166 (800) 990-9108 Respectfully JAMES, SMK7 By: & CONNELLY LLP Hershey, PA 17033 (717) 533-3280 Attorney I.D. #55650 Ralph M. Salvia, Esquire Attorney I.D. #202946 P.O. Box 650 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA METRO BANK f/k/a CIVIL DIVISION COMMERCE BANK/HARRISBURG, 1a' 814 O .: Plaintiff, N vs. ERIC R. BUXTON and STACY L. BUXTON, Defendants. `T AFFIDAVIT OF NON-MILITARY SERVICE . COMMONWEALTH OF PENNSYLVANIA SS: - COUNTY OF DAUPHIN I, Scott A. Dietterick, Esquire and/or Ralph M. Salvia, Esquire, attorneys for and authorized representative of Plaintiff, Metro Bank f/k/a Commerce Bank/Harrisburg, hereby certify, subject to the penalties of 18 Pa.C.S.A. §4904, that the Defendants, service of the United States of America to the best of my know ScWA. Die-ff e-ri c Ralph M. Salvia, SWORN TO AND SUBSCRIBED BEFORE ME THIS 7'h day of February, 2012. Notary Public My Commission Expires: NOTARIAL SEAL CHRISTINE L SPURLOCK Notary Public HUMMELSTOWN BORO, DAUPHIN COUNTY My Commission Expires Jun 23, 2012 not in the military and belief. Esquire IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA METRO BANK f/k/a CIVIL DIVISION COMMERCE BANK/HARRISBURG, Plaintiff, NO.: a - 81q botTarpt vs. ERIC R. BUXTON and STACY L. BUXTON, Defendants. NOTICE OF ORDER, DECREE OR JUDGMENT TO: ( ) Plaintiff (X) Defendant - STACY L. BUXTON ( ) Additional Defendant(s) You are hereby notified that an Order, Decree or Judgment was entered in the above-captioned proceeding on c2l A? ( ) A copy of the Order or Decree is as follows: or (X) The judgment is as follows: $43,861.11 plus interest on the principal sum ($36,742.68) from December 29, 2011, at the rate of $7.04 per diem, plus additional late charges and additional attorneys' fees and costs. Prot onotary IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA METRO BANK f/k/a CIVIL DIVISION COMMERCE BANK/HARRISBURG, Plaintiff, NO.: /a- 81q C_vi 1 Terrn VS. ERIC R. BUXTON and STACY L. BUXTON, Defendants. NOTICE OF ORDER, DECREE OR JUDGMENT TO: ( ) Plaintiff (X) Defendant - ERIC R. BUXTON ( ) Additional Defendant(s) You are hereby notified that an Order, Decree or Judgment was entered in the above-captioned proceeding on -1A 1h a ( ) A copy of the Order or Decree is as follows: or (X) The judgment is as follows: $43,861.11 plus interest on the principal sum ($36,742.68) from December 29, 2011, at the rate of $7.04 per diem, plus additional late charges and additional attorneys' fees and costs. Prothonotary SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny RAnderson L Sheriff t'?i awry'?lr fli 4.u,uf,rrry) ?.? ,a?.T??1't Jody S Smith ?`? Chief Deputy k? ?' it 6 A i' 10: C 8 Richard W Stewart Bcf;L? dD COUINT i Solicitor 1= a "i P3 S Y V/ Nl ; ? Metro Bank vs. Eric R. Buxton (et al.) Case Number 2012-814 SHERIFF'S RETURN OF SERVICE 02/10/2012 07:32 PM - William Cline, Corporal, who being duly sworn according to law, states that on February 10, 2012 at 1932 hours, he served a true copy of the within Complaint in Confession of Judgment and Notice Under Rule 2958.1 of Judgment, upon the within named defendant, to wit: Eric R. Buxton, by making known unto himself personally, at 2506 Mallard Way, Mechanicsburg, Cumberland County, Pennsylvania 17055 its contents and at the same time handing to him personally the said true and correct copy of the same. WILLIAM CLINE DEPUTY 02/10/2012 07:32 PM - William Cline, Corporal, who being duly sworn according to law, states that on February 10, 2012 at 1932 hours, he served a true copy of the within Complaint in Confession of Judgment and Notice Under Rule 2958.1 of Judgment, upon the within named defendant, to wit: Stacy L. Buxton, by making known unto Eric Buxton, Husband of Defendant at 2506 Mallard Way, Mechanicsburg, umberland County, Pennsylvania 17055 its contents and at the same time handing to him personally the said true and correct copy of the same. WILLIAM CLINE, DEPUTY SHERIFF COST: $54.00 February 14, 2012 SO ANSWERS, RON R ANDERSON, SHERIFF WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 12-814 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due METRO BANK F/K/A COMMERCE BANK/ HARRISBURG Plaintiff (s) From ERIC R. BUXTON AND STACY L. BUXTON, 2506 MALLARD WAY, MECHANICSBURG, PA 17055 (1) You are directed to levy upon the property of the defendant (s)and to sell (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: FULTON BANK, 1423 S. MARKET STREET, MECHANICSBURG, PA 17055, GARNISH ALL ASSETS, BOTH TANGIBLE AND INTANGIBLE OF DEFENDANTS, INCLUDING BUT NOT LIMITED TO CHECKING ACCOUNTS, SAVINGS ACCOUNTS, CERTIFICATES OF DEPOSIT, MONEY MARKET ACCOUNTS, INDIVIDUAL RETIREMENT ACCOUNTS, STOCKS, BONDS, MUTUAL FUNDS, LINES OF CREDIT AND SAFE DEPOSIT BOXES. and to notify the garnishee(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 $43,861.11 Interest $7.04 PER DIEM FROM 12/30/11 Atty's Comm % Atty Paid $131.50 Plaintiff Paid Date: April 10, 2012 (Seal) REQUESTING PARTY: L.L.$.50 Due Prothy $2.25 Other Costs David D. Buell, Prothonotary B: Deputy Name SCOTT A. DIETTERICK, ESQUIRE Address: JAMES, SMITH, DIETTERICK & CONNELLY, LLP P. O. BOX 650, HERSHEY, PA 17033 Attorney for: PLAINTIFF Telephone: 717-533-3280 Supreme Court ID No. 55650 t I IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA..:. 7 CIVIL DIVISION , PRAECIPE FOR WRIT OF EXECUTION t Metro Bank f/k/a Commerce Bank/ W Confessed Judgment < Z6 Harrisburg Plaintiff ? Other -;7 C> vs. File No. 12-814 Civil Term = C Eric R. Buxton and Stacy L. Buxton Defendant Address: 2506 Mallard Way Mechanicsburg, PA 17055 Fuiton Bank, Garnishee TO THE PROTHONOTARY OF THE SAID COURT: N Amount Due 43,861.11 y`- s '- Interest 7.04 per diem from 12/30/11 Atty's Comm Costs The undersigned hereby certifies that the below does not arise out of a retail installment sale, contract, or account based on a confession of judgment, but if it does, it is based on the appropriate original proceeding filed pursuant to act 7 of 1966 as amended; and for real property pursuant to Act 6 of 1974 as amended. Issue writ of execution in the above matter to the Sheriff of County, for debt, interest and costs, upon the following described property of the defendant (s) PRAECIPE FOR ATTACHMENT EXECUTION Issue writ of attachment to the Sheriff of Cumberland County, for debt, interest and costs, as above, directing attachment against the above-named garnishee(s) for the following property (if real estate, supply six copies of the description, supply four copies of lengthy personalty list) See Exhibit "A" and all other property of the defendant(s) in the possession, custody or control of the (Indicate) Index this writ against the garnishee (s) as a lis pendens defendant(s) described in the attached exhibit. Date April 5, 2012 Signature: CA ?' PI Sy. CfaF 46,00 10d b2. SU ?? ?? 31. FA all? % a•aszve &, fa, 96 [,t_ Cog li&sy ?g 9735? Print Name: Vott A. ishee(s). real estate of the ft r ck, Esquire Address: P.O. Box 650 Attorney for: Telephone: Hershey, PA 17033 Plaintiff (717) 533-3280 Supreme Court ID No: 55650 W 14' ot i'/t- Exhibit "A" INSTRUCTIONS TO SHERIFF OF CUMBERLAND COUNTY Please garnish all assets, both tangible and intangible, of Defendants, ERIC R. BUXTON and STACY L. BUXTON, in possession of Fulton Bank located at 1423 S. Market Street, Mechanicsburg, PA 17055, including, but not limited to, checking accounts, savings accounts, certificates of deposit, money market accounts, individual retirement accounts, stocks, bonds, mutual funds, lines of credit and safe deposit boxes. SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor ?v?tti?tlq ti I NA s: Metro Bank vs. Case Number . Eric R. Buxton (et al.) 2012-814 SHERIFF'S RETURN OF SERVICE 04/16/2012 02:25 PM - William Cline, Deputy Sheriff, who being duly sworn according to law, states that on April 16, 2012 at 1426 hours, attached as herein commanded all goods, chattels, rights, debts, credits, and monies of the within named defendants, to wit: Eric R. Buxton and Stacy L. Buxton, in the hands, possession, or control of the within named garnishee, Fulton Bank, 1423 S Market Street, Mechanicsburg, Cumberland County, Pennsylvania 17050, by handing to Adrianne Muray, Teller, personally three copies of interrogatories together with three true and attested copies of the writ of execution and made the contents there of known to her. The writ of execution and notice to defendant was mailed on April 17, 2012 to Eric R. Buxton at 2506 Mallard Way, Mechanicsburg, PA 17055 and to Stacy L. Buxton at 2506 Mallard Way, Mechanicsburg, PA 17055. SO ANSWERS, April 17, 2012 RON R ANDERSON, SHERIFF W lliam Cline, Deputy 5 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA t ? R --^s ry P11 1: METRO BANK f/k/a CIVIL DIVISION Cout,r COMMERCE BANK/HARRISBURG, t EJ yS YLVANIA Y Plaintiff, vs. DOCKET NO: 12-814 ERIC R. BUXTON and STACY L. BUXTON, Defendants. kuxf S PLAINTIFF'S INTERROGATORIES TO FULTON BANK, GARNISHEE TO: Fulton Bank 1423 S. Market Street Mechanicsburg, PA 17055 Pursuant to Pa. R.C.P. No. 3253, you are required to file answers to the following Interrogatories within twenty (20) days after service upon you. Failure to do so may result in judgment against you: INTERROGATORIES At the time you were served or at any subsequent time, did you owe the Defendants, or either of them, any money or were you liable to the Defendants on any negotiable or other written instrument, or did the Defendants, or either of them, claim that you owed the Defendants any money or were liable to them for any reason? If so, fully state all particulars. ANSWER: M 2. At the time you were served, or at any subsequent time, was there in your possession, custody or control or in the joint possession, custody or control of yourself and one or more other persons, any property or money of any nature owned solely or in part from the Defendants? If so, fully state all particulars. ANSWER: /?O 3. At the time you were served, or at any subsequent time, did you hold legal title to any property or money of any nature owned solely or in part by the Defendants or in which the Defendants held or claim any interest? If so, fully state all particulars. ANSWER: ?1 4. At the time you were served, or at any subsequent time, did you hold as fiduciary any money or property of any nature in which the Defendants had an interest? If so, fully state all particulars, including but not limited to what property and/or money, how much, and of what value. ANSWER: 5. At any time after you were served did you pay, transfer or deliver any money or property of any nature to the Defendants or to any person or place pursuant to the Defendants' direction, or otherwise discharge any claim of the Defendants against you? If so, fully state all particulars. ANSWER: 6. At the time you were served, or at any subsequent time, did the Defendants have funds on deposit in an account in which funds are deposited electronically on a recurring basis and which are identified as being funds that upon deposit are exempt from execution, levy or attachment under Pennsylvania or Federal law? If so, identify each account and state the reason for the exemption, the amount being withheld under each exemption and the entity electronically depositing those funds on a recurring basis. ANSWER: 7. At the time you were served, or at any subsequent time, did the Defendants have funds on deposit in an account in which the funds on deposit, not including any otherwise exempt funds, did not exceed the amount of the general monetary exemption under 42 Pa. C.S. § 8123? If so, identify each account. ?? ANSWER: n 1L) 8. At the time of the service of garnishment, did you owe the Defendants any money, or do you owe them any now? If so, state how much, on what account, and when did it become due? If not due, when will it become due? ANSWER `/W Respectfully submitted, JAMES, SMITH,PIF?TTERICK & CONNELLY.X L,t 1 Dated: - - /a By: Scott A. Dietterick, Esquire Attorney I.D. #55650 Kimberly A. Bonner, Esquire Attorney I.D. #89705 P.O. Box 650 Hershey, PA 17033-0650 (717) 533-3280 Attorneys for Plaintiff VERIFICATION The undersigned does hereby verify, and alty of perjury and subject to the penalties of 18 Pa. C.S. § 4904 relating to unsworn falsification to authorities, that he a is ?ir-) (Name) (Title) of (Company) Garnishee herein, that he/she is duly authorized to make this Verification, and that the facts set forth in the foregoing Answers to Interrogatories are true and correct to the best of his/her knowledge, information and belief. Date 4 ? I ---- Signature Present Address: Fulton Bank 4429 Bonney oa Virginia Reach, -VA93Afi2 SHERIFF'S OFFICE OF CUMBERLAND COUNTY R Anderson .y S Smith ,~ief Deputy ~au~,tp of `It~nGcxl,~~,~ 1LED-0~~ ~~L r.,~ ~ ~~ PRO1'HOldOTA ZQ12 NOY -9 PM 3~ ( 3 Richard W Stewart Solicitor Metro Bank vs. Eric R. Buxton (et al.) CUMBERl.A-ND CU~NTY P~NNSYLVANiA Case Number 2012-814 SHERIFF'S RETURN OF SERVICE 04/16/2012 02:25 PM -William Cline, Deputy Sheriff, who being duly sworn according to law, states that on April 16, 2012 at 1426 hours, attached as herein commanded all goods, chattels, rights, debts, credits, and monies of the within named defendants, to wit: Eric R. Buxton and Stacy L. Buxton, in the hands, possession, or control of the within named garnishee, Fulton Bank, 1423 S Market Street, Mechanicsburg, Cumberland County, Pennsylvania 17050, by handing to Adrianne Muray, Teller, personally three copies of interrogatories together with three true and attested copies of the writ of execution and made the contents there of known to her. The writ of execution and notice to defendant was mailed on April 17, 2012 to Eric R. Buxton at 2506 Mallard Way, Mechanicsburg, PA 17055 and to Stacy L. Buxton at 2506 Mallard Way, Mechanicsburg, PA 17055. 11/09/2012 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states this writ of execution is returned as ABANDONED. No action on writ in over 6 months. SHERIFF COST: $104.04 SO ANSWERS, «. November 09, 2012 RON R ANDERSON, SHERIFF ~~- ~°~~ ~ountySuite Sheriff, Teleosoft, Inc.