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Home My WebLink About12-2597LAW OFFICES OF PETER J. RUSSO, P.C. t BY: Peter J. Russo, Esquire ' ' Supreme Court ID: 72897 "1'? 2 7 Ph Paul D. Edger, Esquire PA Supreme Court ID: 312713 i'f p -7 fi ?) L? j?~ 5006 E. Trindle Road, Suite 100 Mechanicsburg, PA 17050 Telephone: (717) 591-1755 Attorneys for Plaintiff MICHAEL QUAID : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. :DOCKET NO. 2012- 6?5Qj7 CIVIL TERM SCOTT R. THOMAS and HILLARY A. THOMAS Defendants CIVIL ACTION-LAW PRAECIPE TO ENTER JUDGMENT TO THE PROTHONOTARY: Please enter a Judgment against Defendants, Scott R. Thomas and Hillary A. Thomas, and in favor of Michael Quaid, in the amount of $11,899.42. Respectfully submitted, BY: L 'aw-6ff s o o P.C. Date: t I q?,5 1 a, 5006 E. Trindle Road, Suite 100 Mechanicsburg, PA 17050 Peter J. Russo, Esquire I.D. No. 72897 Paul D. Edger, Esquire I.D. No. 312713 (717) 591-1755 Ct vv.? %, 33,50 Pd 016?_ 0-y- K L4 YOP Q# a-2U3S7 ?Ck 0,ozu4 In The Court of Common pfen of Maupbiu Countp, 3peuu9p1bania Michael Quaid F -( ' Uc /a - 0S ? ? vs. No. T Scott R. Thomas and Hillary A. Thomas - CERTIFICATION OF DOCKET ENTRIES AND JUDGMENT I, the undersigned Prothonotary of the Court of Common Pleas of Dauphin County, F'4n*-iv a i a, do hereby certify that the attached is a full, true and correct copy of the docket entries in the above captioned case. I further certify that judgment was entered in favor of Plaintiff, Michael Quaid and against Defendant(s), Scott R. Thomas and Hillary A. Thomas, on March 26, 2012 in said case in the amount of $11,899.42 plus costs. 31n Votimonp Vbereol, I have hereunto set my hand and affixed the seal of the Court, on Wednesday, Avril 04, 2012. Deputy Michae{ Quaid VS. Cbp+ 4.6 1 i'f's Scott R. Thomas and Hillary A. Thomas IN THE COURT OF COMMON PLEAS DAUPHIN COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2011-CV-09903-NT To Scott R. Thomas and Hillary A. Thomas, You are hereby notified that on March 26, 2012, a Judgment was entered in the above captioned case. DATE: Monday, March 26, 2012 QZ-j Prothonotary -? i I hereby certify that the name and address of the proper person(s) to receive this notice is: Scott R. Thomas Hillary A. Thomas 1059 York Road, Apt. C 1065 Pennsylvania Ave. Dillsburg, PA 17019 Harrisburg, PA 17111 A Scott R. Thomas and Hillary A. Thomas, rJ CT a .F" W -a Por este medio se le esta notificando March 26, 2012 que el , el/la siguiente Fallo ha sido anotado en contra suya en el caso mencionado en el epigrafe. FECHA: Monday, March 26, 2012 Prothonotario Certifico que la siguiente direccion es la del defendido/a sequn indicada en el certificado de residencia: Scott R. Thomas 1059 York Road, Apt. C Dillsburg, PA 17019 Hillary A. Thomas 1065 Pennsylvania Ave. Harrisburg, PA 17111 APR 04 I hereby carl6y tii- the foregoing is a trt o and. correct c ,p3, pf the original Prothenot^.?: LAW OFFICES OF PETER J. RUSSO, P.C. ATTORNEYS FOR PLAINTIFF 5006 E. TRINDLE ROAD, SUITE 100 MECHANICSBURG, PA 17050 (717) 591-1755 - PHONE (717) 591-1756 - FAX MICHAEL QUAID, PLAINTIFF V. SCOTT R. THOMAS AND HILLARY A. THOMAS, DEFENDANTS c ..? w IN THE COURT OF COMMON PLEAS OF DAUPHIN COUNTY No. 2011-CV-09903-NT CIVIL TERM PRAECIPE TO ENTER JUDGMENT OF REVIVAL TO THE PROTHONOTARY: Kindly enter a judgment of revival in the above captioned matter for $11,899.42 against Defendants Scott R. Thomas and Hillary A. Thomas pursuant to the revivial of the judgment filed in docket number 2006-NT-4831. THE LAW OFFICE OF PETER J. RUSSO, P.C. Peter J. Russo, Esq?i t t---- Attorney I.D. No. 72897 Attorney for Plaintiff Telephone: (717) 591-1755 Facsimile: (717) 591-1756 Date: 31' l 117- r MICHAEL QUAID, PLAINTIFF V. SCOTT R. THOMAS AND HILLARY A. THOMAS, DEFENDANTS IN THE COURT OF COMMON PLEAS OF DAUPHIN COUNTY No. 2011-CV-09903-NT CIVIL TERM CERTIFICATE OF SERVICE I, Ashley R. Malcolm, hereby certify that I am on this day serving a copy of the Praecipe to Enter Judgment Revival upon the person(s) and in the manner indicated below: US REGULAR MAIL Hilary Thomas 1065 Pennsylvania Ave Harrisburg, PA 17111 Scott Thomas 1059 York Road, Apt C Dillsburg, PA 17019 Date: 31 J%? 12?, OMW ?z - Mn Ashley alcolm, Paralegal Date: 4/3/2012 Dauphin County User: LBECHTEL Time: 09:20 AM Complete Case History Page 1 of 3 Case: 2011-CV-09903-NT Michael Quaidvs.Scott R Thomas, etal. Filed: 10/18/2011 Subtype: Notes Previous Case: 2006 NT 4891 Physical File: Y Appealed: N Comment: Status History Pending 10/18/2011 Pending / Judgment 10/18/2011 Judge History Date Judge Reason for Removal 10/18/2011 No Judge, Current Payments Receipt Date Type Amount Law Offices of Peter J. Russo, P 271950 4/3/2012 Miscellaneous 26.25 Exemplified Record 26.25 Russo, Peter J (attorney for Qua 262453 10/18/2011 Civil Filing 38.25 271437 3/26/2012 Civil Filing 23.25 Total 87.75 Miscellaneous Receipts Receipt Date 271950 4/3/2012 Exemplified Record 26.25 Sum: 26.25 Plaintiff Name: Address: Phone: Employer: Litigant Type: Comment: Attorneys Russo, Peter J Defendant Name: Address: Phone: Employer: Litigant Type: Comment: Quaid, Michael Home: Work: (Primary attorney) Thomas, Scott R 2040 Chevy Chase Dr Harrisburg PA 17110 Home: Work: SSN: DOB: Sex: Send notices: Y Send Notices SSN: DOB: Sex: Send notices: Y Date: 4/3/2012 Dauphin County Time: 09:21 AM Complete Case History Page 2 of 3 Case: 2011-CV-09903-NT Michael Quaidvs.Scott R Thomas, etal. Defendant Name: Thomas, Hillary A SSN: Address: 2040 Chevy Chase Drive DOB: Harrisburg PA 17110 Sex: Phone: Home: Work: Employer: Send notices: Y Litigant Type: Comment: Register of Actions 10/18/2011 New Civil Case Filed This Date. No Judge, Plaintiff: Quaid, Michael Attorney of No Judge, Record: Peter J Russo Filing: Revival - Adverse Proceedings No Judge, Paid by: Russo, Peter J (attorney for Quaid, Michael) Receipt number: 0262453 Dated: 10/18/2011 Amount: $38.25 (Check) For: Quaid, Michael (plaintiff) Praecipe to issue Writ of Revival of No Judge, Judgment entered against Defendant in the amount of $11,899.42 with interest from October 19, 2006 filed 1:16 p.m. Writ Issued. 11/1/2011 Writ of Revival: Sheriffs Return filed No Judge, stating service was completed. So answers J.R. Lotwick, Sheriff. to Scott R Thomas on 11/1/2011; Assigned to Dauphin Co Sheriffs Office. Service Fee of $108.00. Cumberland County Sheriffs Costs; $35.94 11/10/2011 Writ of Revival: Sheriffs Return filed No Judge, stating service was completed. So answers J.R. Lotwick, Sheriff. to Hillary A Thomas on 11/10/2011; Assigned to Dauphin Co Sheriffs Office. Service Fee of $0.00. 3/26/2012 Filing: Judgment Paid by: Russo, Peter J No Judge, (attorney for Quaid, Michael) Receipt number: 0271437 Dated: 3/26/2012 Amount: $23.25 (Check) For: Quaid, Michael (plaintiff) Judgment is entered in favor of Plaintiff No Judge, and against Defendants Scott R. Thomas and Hillary A. Thomas in the amount of $11899.42 pursuant to the revivial of the judgment. See Notice and Praecipe filed. Copies mailed to Atty. 4/3/2012 Miscellaneous Payment: Exemplified No Judge, Record Paid by: Law Offices of Peter J. Russo, P.C. Receipt number: 0271950 Dated: 4/3/2012 Amount: $26.25 (Check) User: LBECHTEL Date: 4/3/2012 Dauphin County User: LBECHTEL Time: 09:21 AM Complete Case History Page 3 of 3 Case: 2011-CV-09903-NT Michael Quaidvs.Scott R Thomas, etal. Judgment Order date 10/18/2011 Comment: Plaintiff: Defendant: Judgment Order date 03/26/2012 Comment: Plaintiff: Defendant: In Favor Of Plaintiff 11899.42 Quaid, Michael Thomas, Hillary A Thomas, Scott R Disposition 10/18/2011 Open In Favor Of Disposition Plaintiff 03/26/2012 Open 11899.42 Quaid, Michael Thomas, Hillary A Thomas, Scott RAPR Q? 2012 I hereby certify that the foregoing is a true and correct copy of the riginal file Prothonotary/Clerk Judgment Revival Judgment Judgment O ' , Copy mo..lLd. A Ac=c --- MICHAEL QUAID, PLAINTIFF V. IMAGER : IN THE COURT OF COMMON : PLEAS OF DAUPHIN COUNTY, No. Civil Termlr; .. • • a a a b •- t l T• 4- is 11 SCOTT R. THOMAS AND HILLARY A. THOMAS, DEFENDANTS Notice of Defendant's Rights To: Scott R. Thomas and Hillary A. Thomas, Defendants PD. '33.00 N You are hereby notified that on October 12, 2006, judgment by n nfession was entered against you in the sum of $9,316..p in tl above caption d )Jase.f DATE: OCT 19 2006 ?Ja °iv v0 P othonotary YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. DAUPHIN COUNTY LAWYER REFERRAL SERVICE 213 North Front Street Harrisburg, PA 17101 (717) 232-7536 I hereby certify that the following is the address of the defendants stated in the certificate of residence: APR 04 2012 hereb?r" r;crri?y .;?zr true and correct copy Ql, iho on Sinai filed. Notice Under Rule 2958.1 Of Judgment and Execution Thereon 2040 Chevy Chase Drive Harrisburg, PA 17110 colt A. Stein, squire Attorney for Plaintiff Prcthcnbtl-n; A Scott R. Thomas and Hillary A. Thomas, Demando (s) Por este medio sea avisado que en el dia Octobre 12, 2006, un fallo par admision fue registrado contra usted por la cantidad de $9,316.30 del caso antes escrito. Fecha: el dia deoCli 192006 de 200 r ro ono ario LLEVE EST DEMANDA A UN ABODAGO IMMEDIATAMENTE. SI NO TIENE ABOGADO 0 SI NO TIENE EL DINERO SUFICIENTE DE PAGAR`TAL '-- SERVICIO, VAYA EN PERSONA 0 LLAME POR TELEFONO A LA OFICI 4A i CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. ``'- DAUPHIN COUNTY LAWYER REFERRAL SERVICE .-- 213 North Front Street ?- Harrisburg, PA 17101 (717) 232-7536 Por este medio certifico que to siguiente es la direccion del demandado dicho en el certificado de residencia: 2040 Chevy Chase Drive Harrisburg, PA 17110 Cott A. Stein, E q ' e MICHAEL QUAID, PLAINTIFF V. SCOTT R. THOMAS AND HILLARY A. THOMAS, DEFENDANTS IN THE COURT OF COMMON PLEAS OF DAUPHIN COUNTY C) . No. Civil Term CONFESSION OF JUDGMENT WHERE ACTION COMMENCED BY COMPLAINT Pursuant to the authority contained in the warrant of attorney, the copy of which is attached to Complaint filed in this action, 1 appear for the Plaintiff and confess Judgment in favor of the Plaintiff against the Defendant as follows: a. Unpaid amount due b. Interest c. Attorney fees TOTAL AMOUNT $9,316.30" $745.30 931.63 $10,993.23 *Plus interest at 2% from date of judgment until Defendant's obligation is satisfied, plus costs of suit, plus reasonable attorney's fees. THE LAW OFFICE OF PETER J. RUSSO, P.C. Scott A Stein, Esquire Attorney I.D. No. 81738 Attorney for Plaintiff 3800 Market Street Camp Hill, PA 17011 Telephone: (717) 591-1755 Facsimile: (717) 591-1756 r? CONFESSION OF JUDGMENT ' Q0 FOR VALUE RECEIVED, I promise to pay Nine Thousand Three Hundre&Sixteen 30/100 Dollars ($ 9, 316. 30) to the order of MICHAEL QUAID according to the following 00 Ln and one-half (2 %2) year payment schedule. During the first 12 months, I may defer all payments. Beginning on month 13 and every three months (quarterly) thereafter until the loan balance is paid in frill, I will make payments which shall not be less than Two Thousand & 00/100 Dollars ($2,000.00). 1 understand that I will be charged an annual interest of Eight Percent (8%) which shall be compounded on the principal. On nonpayment of any installment when due, all remaining installments shall at the option of the holder and without notice become immediately due and payable. If this note is placed in the hands of an attorney for collection, I agree to pay as a reasonable attorney's fee ten percent (10%) of the amount due and owing, or a minimum of $500.00 on this defaulted note. The undersigned hereby authorize the prothonotary, clerk of court or any attorney of record to appear for the undersigned in any court of Pennsylvania, or elsewhere, after the above indebtedness becomes due, to waive the issuance and service of process, to admit the maturity of the above indebtedness by acceleration or otherwise, and to confess judgment against the undersigned in favor of any holder of this note for the amount then appearing due as of any term, past, present or future with costs of suit including reasonable attorney's fees, with release of all errors and all rights of appeal, and without stay o Entered into this l0a' day of January, (Seal) cott R. Thomas (Seal) ary Thomas r.a MICHAEL QUAID, IN THE COURT OF COMMON; PLAINTIFF : PLEAS OF DAUPHIN COUNTY -' V. -; > No. Civil Term ao06- MT- &+,% 9 I SCOTT R. THOMAS AND HILLARY A. THOMAS, DEFENDANTS COMPLAINT Plaintiff is Michael Quaid (hereinafter "Plaintiff"), by and through his attorney, Scott A. Stein, Esquire, in support of the Plaintiff's Complaint aver the following: 11. Plaintiff resides at 4101 Spring Valley Road, #A1, Harrisburg, Dauphin County, Pennsylvania. 2. Defendants reside at 2040 Chevy Chase Drive, Harrisburg, Dauphin County, Pennsylvania. 3. On January 10, 2005, Defendants signed a Confession of Judgment and Promissory Note to begin making payments to the Plaintiff beginning on February 1, 2006. A true and correct copy of which is attached as Exhibit "A". 4. Plaintiff and his counsel aver that judgment is not being made in connection with a consumer credit transaction. 5. Defendants agreed that nonpayment of any installment when due would render payment in full due immediately. 6. Judgment has not been entered on the instrument in this or any other jurisdiction. 7. To date, Defendants have made no installment payments to Plaintiff. 8. Plaintiff demands a judgment of $9,316.30 for the original amount owed, $745.30 in interest and $931.63 for attorney's fees as granted in the Confession of Judgment. Respectfully Submitted, c tt A. Stein, Esquire Supreme Court I.D. The Law Offices of Peter J. Russo, P.C. 3800 Market Street Camp Hill, PA 17011 (717) 591-1755 ' I MICHAEL QUAID, PLAINTIFF V. SCOTT R. THOMAS AND HILLARY A. THOMAS, DEFENDANT : IN THE COURT OF COMMON : PLEAS OF DAUPHIN COUNTY S r . No. Civil Term..,- v? VERIFICATION I, Michael Quaid, verify that the statements made in the foregoing document are true and correct. I understand that false statements made herein are subject to the penalties of 18 Pa.C.S. §4904 relating to unswom falsification to authorities. Date: q, IS - 66 /r/1 dv d d_ Michael Quaid r:=7 ?l7 PROMISSORY NOTE PAYMENT. Borrower will pay this loan in accordance with the following Two and One-Half (2 2) year payment schedule: During the first 12 months, Borrower may defer all payments. Beginning on month 13 and every three months (quarterly) thereafter until the loan balance is paid in full, Borrower will make payments which shall not be less than Two Thousand & 00/100 Dollars ($2,000.00). Borrower will be charged an annual interest of Eight Percent (8%) which shall be compounded on the principal. 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 shall not charge a prepayment penalty. LATE CHARGE. If a payment is 15 days or more late, Borrower will be charged 5.000% of the regularly scheduled payrnent. INTEREST AFTER DEFAULT. Upon default, including failure to pay upon final maturity, the total sum due under this Note will bear interest from the date of acceleration or maturity at the variable interest rate on this Note. The interest rate will not exceed the maximum mate permitted by applicable law. DEFAULT. Each of the following shall constitute an event of default ("Event of Default") under this Note: Payment Default. Borrower fails to make any payment when due under this Note. Other Defaults. Borrower fails to comply with or to perform any other term, obligation, covenant or condition contained in this Note or in any of the related documents or to comply with or to perform any term, obligation; covenant or condition contained in any other agreement between Lender and Borrower. Default in Favor of Third Parties. Borrower or any Grantor defaults under any loan, extension of credit, security agreement, purchase or sales agreement, or any other agreement, in favor of any other creditor or person that may materially affect any of Borrower's property or Borrower's ability to repay this Note or perform Borrower's obligations under this Note or any of the related documents. False Statements. Any warranty, representation or statement made or furnished to Lender by Borrower or on Borrower's behalf under this Note or the related documents is false or misleading in any material respect, either now or at the time made or famished or becomes false or misleading at any time thereafter. .t Death or Insolvency. The dissolution or termination of Borrower's existence as a going business or the death of any partner, the insolvency of Borrower, the appointment of a receiver for any part of PROMISE TO PAY. WE, SCOTT R. THOMAS AND HILARY,H. THOMAS ("Borrowers") promise to pay to MICHAEL QUAID ("Lender"), or order, in lawful money of the United States of America, the principal amount of Nine Thousand Three Hundred Sixteen & 30/100 Dollars ($9,316.30). Lender furdner agrees that this loan amount shall not be dischargeable in bankruptcy and that any attempt by Lender to do so shall constitute a default under the terms ofthis agreement 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 fbrfeiMm proceeding, in an amount detemuned 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 of any of the indebtedness or any Guarantor 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. Events Affecting General Partner of Borrower. Any of the preceding events occurs with respect to any general partner of Borrower or any general partner dies or becomes incompetent. Change In Ownership. The resignation or expulsion of any general partner with an ownership interest of twenty-five percent (25%) or more in Borrower. Adverse Change. A material adverse change occurs in Borrower's financial condition, or Lender believes the prospect of payment or performance of this Note is impaired. Insecurity. Lender in good faith believes itself insecure. Cure Provisions, If any default, other than a default in payment is curable and if Borrower has not been given a notice of a breach of the same provision of this Note within the preceding twelve (12) months, it may be cured (and no event of default will have occurred) if Borrower, after receiving written notice from Lender demanding cure of such default: (1) cures the default within fifteen (15) days; or (2) if the cure requires more than fifteen (15) days, immediately initiates steps which Lender deems in Lender's sole discretion to be sufficient to cure the default and thereafter continues and completes all reasonable and necessary steps sufficient to produce compliance as soon as reasonably practical. LENDER'S RIGHTS. Upon default, Lender may, after giving such notices as required by applicable law, declare the entire unpaid principal balance on this Note and all accrued unpaid interest immediately due, and then Borrower will pay that amount. Lender shall have the right to collect by any means available at law or equity and may, at Lenders sole option, deduct the outstanding amount due and owing, including any penalties or fees, from the purchase price of the property located at 2040 Chevy Chase Drive, Harrisburg, PA 17110 and subject to an installment sales agreement dated January 10, 2005. ATTORNEYS' FEES; EXPENSES. Lender may hire or pay someone else to help collect this Note if Borrower does not pay. Borrower will pay Lender that amount. This includes, subject to any limits under applicable law, Lender's attorneys' fees and Lender's legal expenses, whether or not there is a lawsuit, including attorneys' fees, expenses for bankruptcy proceedings (including efforts to modify or vacate any automatic stay or injunction), and appeals. If not prohibited by applicable law, Borrower also will pay any court costs, in addition to all other sums provided by law. GOVERNING LAW. This Note will be governed by, construed and enforced in accordance with federal law and the laws of the Commonwealth of Pennsylvania. This Note has been accepted by Lender in the Commonwealth of Pennsylvania. RIGHT OF SETOFF. To the extent permitted by applicable law, Lender reserves a right of setoff in all Borrower's accounts with Lender (whether checking, savings, or some other account). This includes all accounts Borrower holds, jointly with someone else and all accounts Borrower may open in the future. However, this does not include any IRA or Keogh accounts, or any trust accounts for which setoff would be prohibited by law. Borrower authorizes Lender, to the extent permitted by applicable law, to charge or setoff all sum owing on the indebtedness against any and all such accounts. COLLATERAL. Borrower acknowledges this Note is secured by all inventory, Chattel Paper, Accounts, Equipment and General Intangibles, together with the following property: All Fixtures. OPTION TO DECLARE LOAN DUE. Although the repayment of the loan evidenced by this instrument has been designed as if it were to extend for the term established in the Payment section, hereinabove outlined, Borrower understands that Lender expressly reserves the right and option, exercisable at its discretion, to declare the entire unpaid principal balance under this Promissory Note together with all interest which shall have accrued thereon to be due and payable on the tenth (10th) anniversary of the date of this Promissory Note and on each succeeding Five(5) year anniversary of that date during the term hereof,' hereinafter referred to as "Loan Call Date". In the event that Lender desires to exercise its option to declare the Loan due, it shall deliver written notice thereof by regular first class mail to Borrower's last known address 90 days prior to the Loan Call Date. In the event that Lender desires to exercise its option to declare the Loan due, it shall deliver written notice thereof by hand delivery, nationally recognized overnight courier or regular first class mail to Borrower's last known address at least 90 days prior to the Loan Call Date. Borrower shall, on or before the Loan Call Date immediately following such notice, repay the entire principal balance due under the Promissory Note together with all unpaid interest which shall have accrued thereon as well as any other sums which may then be due under the Promissory Note or any other document constituting a part of the within loan transaction. Notice provided by first class mail to Borrower's last known address shall be deemed to have been delivered when deposited in the mail. 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 assigtts, and shall inure to the benefit of Lender and its successors and assigns. GENERAL PROVISIONS. Lender may delay or forgo enforcing any of its rights or remedies under this Note without losing them. Borrower and any other person who signs, guarantees or endorses this Note, to the extent allowed by law, waive presentment, demand for payment, and notice of dishonor. Upon any change in the terms of this Note, and unless otherwise expressly stated in writing, no party who signs this Note, whether as maker, guarantor, accommodation maker or endorser, shall be released from liability. All such parties agree that Lender may renew or extend (repeatedly and for any length of time) this loan or release any party, partner, 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 (S500) 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. PRIOR TO SIGNING THIS NOTE, BORROWER READ AND UNDERSTOOD ALL THE PROVISIONS OF THIS NOTE, INCLUDING THE VARIABLE IN] REST 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 srrnnnMrr. Tn UAW (Seal) sc tr K. i nomas By??--- (Seal) Hi Thomas S Date: 4/4/2012 ' Time: 09:01 AM Page 1 of 2 Filed: 10/19/2006 Quaid, Michael Physical File: Y Comment: Revived to 2011 CV 9903 NT Status History Pending Pending / Judgment Judge History Date Judge 10/19/2006 No Judge, Payments Quaid, Michael (plaintiff) Home: Total Plaintiff Name: Address: Phone: Employer: Litigant Type: Comment: Attorneys Stein, Scott A Defendant Name: Address: Phone: Employer: Litigant Type: Comment: Attorneys Stein, Scott A Defendant Name: Address: Phone: Employer: Litigant Type: Comment: Attorneys Stein, Scott A Dauphin County Complete Case History Case: 2006-NT-04891- Michael Quaid vs. Scott R Thomas, etal. 10/19/2006 10/19/2006 Receipt Date Type 117228 10/19/2006 Civil Filing Work: Appealed: N Reason for Removal Current SSN: DOB: Sex: Send notices: Y (Primary attorney) Send Notices Thomas, Scott R SSN: 2040 Chevy Chase Dr DOB: Harrisburg PA 17110 Sex: Home: Work: Send notices: Y (Primary attorney) Send Notices Thomas, Hillary A SSN: 2040 Chevy Chase Drive DOB: Harrisburg PA 17110 Sex: Home: Work: Send notices: Y (Primary attorney) Send Notices User: KWEBB Amount 33.00 Date: 4/4/2012 Dauphin County Time: 09:01 AM Complete Case History Page 2 of 2 Case: 2006-NT-04891- Michael Quaid vs. Scott R Thomas, etal. Register of Actions 10/19/2006 New Civil Case Filed This Date. No Judge, Filing: Complaint with Confession of No Judge, Judgment Paid by: Quaid, Michael (plaintiff) Receipt number: 0117228 Dated: 10/19/2006 Amount: $33.00 (Check) Plaintiff: Quaid, Michael Attorney of No Judge, Record: Scott A Stein Defendant: Thomas, Hillary A Attorney of No Judge, Record: Scott A Stein Defendant: Thomas, Scott R Attorney of No Judge, Record: Scott A Stein On Complaint filed Judgment in No Judge, favor of Plaintiff and against Defendant in the sum of Ten Thousand Nine Hundred Ninty-Three and 23/100 Dollars ($10,993.2 by virtue of authority contained in the Warrant of Attorney filed dated 01/10/2005 payable installments with interest, costs, etc. --- for colt'n. Inquisition and Exemption Waived. Entered At 1:45 p.m. Stephen E. Farina, Prothonotary Pr i0-e User: KWEBB Judgment Order date In Favor Of Disposition Judgment 10/19/2006 Plaintiff 10/19/2006 Open Judgment Comment: 10993.23 Plaintiff: Quaid, Michael Defendant: Thomas, Hillary A APR 4 4 201 Thomas, Scott R I hereby certify that thIthe oing is a true and cor ect copy riginal filed. MICHAEL QUAID : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. DOCKET NO. 2012- 0597 CIVIL TERM SCOTT R. THOMAS and HILLARY A. THOMAS Defendants CIVIL ACTION-LAW NOTICE OF ENTRY OF JUDGMENT In accordance with Rule 236 of the Pennsylvania Rules of' Civil Procedure, this is to notify you that the following judgment was entered against you in the Cumberland County Prothonotary's office. The date of judgment is 7 Docket No. l o'? o?SS'7 , Civil Term. Date: 9 ?a 7 1 a- C 4ftwon ?_w Davi. Buell, Prothonotary `" IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSVLVANIA r , CIVIL DIVISION -y ?- _ c) PRAECIPE FOR WRIT OF EXECUTION m C= Michael Quaid ? Confessed Judgment -- ,L -4 : Plaintiff ?? Other . VS. File No. 2012-2597 r $11,899.42 rc" Am unt D o ue Scott R. Thomas & Hillary A. Thomas Defendant Interest 6% per diem since 3/27/2012::- Address: Atty s Comm $ 500.00 1059 York Road, Apt. C. Costs as calculated by Prothonotary Dillsburg, PA 17019 TO THE PROTHONOTARY OF THE SAID COURT: 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 Cumberland County, for debt, interest and costs, upon the following described property of the defendant (s) all property including, but not limited to, vehicles, jewelry, furniture, electronics, computers, televisions, and printers, and cash located at 1059 York Road, Apartment C., Dillsburg, PA 17019 PRAECIPE FOR ATTACHMENT EXECUTION Issue writ of attachment to the Sheriff of 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) and all other property of the defendant(s) in the possession, custody or control of the said garnishee(s). ? (Indicate) Index this writ against the garnishee (s) as a lis defendant(s) described in the attached exhibit. Date August 9, 2012 Signature: O Print Name: (98.50 PO A`r-ry ate: yy C8F Address: 33.5o Attorney for: PO ATtY Telephone: pende a ainst real state of the Pa 1 D. er, Esquire 5006 East Trindle Road Suite 203 Plaintiff 717-591-1755 Supreme Court ID No: 312713 So U at 4s55 P,* a79/y0 Wri+ op &(. 44uud WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 12-2597 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due MICHAEL QUAID, Plaintiff (s) From SCOTT R. THOMAS & HILLARY A. THOMAS, 1059 York Road, Apt C, Dillsburg, PA 17019 (1)You are directed to levy upon the property of the defendant (s)and to sell all property including, but not limited to, vehicles, jewelry, furniture, electronics, computers, televisions, and printers, and cash . (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the 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 $11,899.42 L.L. $.50 Interest from 3/27/12 @ 6% per diem Atty's Comm $500.00 % Atty Paid $269.94 Plaintiff Paid Due Prothy $2.25 Other Costs Date: 8/10/12 (Seal) REQUESTING PARTY: Name : PAUL D. EDGER, ESQUIRE Address: 5006 EAST TRINDLE ROAD SUITE 203 MECHANICSBURG PA 17050 Attorney for: PLAINTIFF Telephone: 717-591-1755 Supreme Court ID No. 312713 David D. Buell, Prothonotary Deputy SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson FILED-OFFIC,- Sheriff 4,00 THE PROT 1111;J A Jody S Smith Chief Deputy 2013 APR -5 PM 3: 54 Richard W Stewart Solicitor OFFICE OF THE SkERIFF CUMBERLAND COUNTY PENNSYLVANIA Michael Quaid Case Number VS. Scott R Thomas(et al.) 2012-2597 SHERIFF'S RETURN OF SERVICE 08/15/2012 04:48 PM-Dennis Fry, Deputy, being duly swam according to law, states that on August 15,2012 at 4:48 PM hours, served the requested Writ of Execution and Claim for Exemption Form by"personally" handing a true and attested copy to a person representing themselves to be the Defendant,to wit: Scott R Thomas at 1059C York Road, Monroe Township, Dillsburg, PA 17019, informed Defendant of contents of same and levied upon personal property as directed. Postcard and copy of levy mailed to attorney and letter mailed to defendant on 08-16-12. 04/05/2013 Ronny R.Anderson,Sheriff,who being duly swom according to law,states this writ of execution is returned as ABANDONED. No action on writ in over 6 months. SHERIFF COST: $86.26 SO ANSWERS, April 05, 2013 RON R ANDERSON, SHERIFF ca So �p 57 D �Lv Wo (c)CountYSUde Snerift,Telaosaft.Inc. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 12-2597 Civil COUNTY OF CUMBERLAND) CIVIL ACTION–LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due MICHAEL QUAID, Plaintiff(s) From SCOTT R.THOMAS&HILLARY A.THOMAS, 1059 York Road,Apt C,Dillsburg,PA 17019 (])You are directed to levy upon the property of the defendant(s)and to sell all property including,but not limited to,vehicles,jewelry,furniture,electronics,computers,televisions,and printers,and cash (2) You are also directed to attach the property of the defendant(s)not levied upon in the possession of GARNISHEE(S)as follows: and to notify the garnishee(s)that:(a)an attachment has been issued;(b)the garnishce(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 $11,899.42 L.L. $.50 Interest from 3/27/12*6% per them Arty's Comm $500.00% Due Prothy $2.25 Arty Paid $26994 Other Costs Plaintiff Paid Date: 8/10/12 David D. Buell,Prothonotary (Seal) Y. Deputy REQUESTING PARTY: Name :PAUL D.EDGER,ESQUIRE Address: 5006 EAST TRINDLE ROAD SUITE 203 MECHANICSBURG PA 17050 Attorney for: PLAINTIFF Telephone:717-591-1755 TRUE COPY FROM RECORD In Tqorr"y whereof,I here unto set my hand Supreme Court ID No.312713 and ft seal of said Cou at Carilsle,PAa.* 20/on o- tarP roth y