HomeMy WebLinkAbout12-3584INTEGRITY BANK, IN THE COURT OF COMMON PLEAS
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V. No. q /V 1. I _.TIMOTHY R. GAUL and LOIS M. GAUL,
Defendants CIVIL ACTION - LAW
CONFESSION OF JUDGMENT =?'
($55,000 Loan) -- ° CD
Pursuant to the authority contained in the Note, as defined in the Complaint filed in the
above captioned case and evidenced by Exhibit A to said Complaint, we appear for Defendants
Timothy R. Gaul and Lois M. Gaul, and confess judgment against them in favor of Plaintiff
Integrity Bank as follows:
Principal:
Accrued Interest:
Satisfaction Fees:
$50,568.77
807.33
52.00
Late Fees: 64.47
Prepayment Fee: 1,011.38
Attorney's Commission (10%): 5,250.40
Total: $57,754.35*
*along with interest from and following June 5, 2012 at the per diem rate of $9.83
until paid in full.
McNEES WALLACE & NURICK LLC
Date: June 6, 2012 By
Nedric L. Nissly
PA Attorney I.D. No. 44233
McNees Wallace & Nurick LLC
100 Pine Street - P. 0. Box 1166
Harrisburg, PA 17108-1166
(717) 260-173 1 (Direct Fax)
(717) 232-8000 (Phone)
nnissly@mwn.com
Attorneys for Plaintiff Integrity Bank
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% Lw -00Pa a 1? SO -1 si4 a ?`''q, I
Nedric L. Nissly
PA Attorney I.D. No. 44233
McNees Wallace & Nurick LLC
100 Pine Street - P.O. Box 1166
Harrisburg, PA 17108-1166
(717) 260-1731 (Direct Fax)
(717) 232-8000 (Phone)
nnisslyna,mwn.com
Attorneys for Plaintiff Integrity Bank
f r; _ iP ENNSYLVp P4f ,
INTEGRITY BANK, IN THE COURT OF COMMON PLEAS
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V. No. 101- 35F y Oat./
TIMOTHY R. GAUL and LOIS M. GAUL,
Defendants CIVIL ACTION -LAW
COMPLAINT FOR CONFESSION OF JUDGMENT
($55,000 Loan)
Plaintiff Integrity Bank, by and through its undersigned counsel, hereby files this
Complaint for Confession of Judgment pursuant to Pa.R.C.P. No. 2951(b) and in support thereof
avers the following:
1. Plaintiff Integrity Bank (the "Bank") is a Pennsylvania banking institution doing
business at 3345 Market Street, Camp Hill, Pennsylvania 17011.
2. Defendants Timothy R. Gaul and Lois M. Gaul (the "Borrowers"), husband and
wife, are adult individuals who reside at 3 Ovis Drive, Mechanicsburg, Pennsylvania 17055.
3. On January 13, 2009, the Bank made a loan to the Borrowers in the principal
amount of $55,000 (the "Loan") for a business purpose as evidenced by a Promissory Note of the
Borrowers in favor of the Bank dated January 13, 2009 in the amount of $55,000 (the "Note").
Attached hereto as Exhibit A and incorporated herein by reference is a true and correct copy of
the Note.
4. Borrowers have defaulted under the Note by failing to make payments when due
thereunder for a period in excess of 48 days.
5. As a result of said default, the Bank sent a notice of default and demand letter to
the Borrowers on June 1, 2012. Attached hereto as Exhibit B and incorporated herein by
reference is a true and correct copy of the notice of default and demand letter.
6. There is no right to cure the defaults under the Note and all Indebtedness owed
under the Loan is now due and payable under the Note.
7. The Note provides that upon demand thereunder the Bank may confess judgment
against the Borrowers.
8. The total sums due and owing by the Borrowers under the Note as of June 5, 2012
are itemized as follows:
Principal: $50,568.77
Accrued Interest: 807.33
Satisfaction Fees: 52.00
Late Fees: 64.47
Prepayment Fee: 1,011.38
Attorney's Commission (10%): 5,250.40
Total: $57,754.35*
*along with interest from and following June 5, 2012 at the per diem rate of $9.83
until paid in full (the "Indebtedness").
9. All conditions precedent have been satisfied to allow the Bank to confess
judgment for the Indebtedness against the Defendants.
10. The Bank is the holder of the Note.
11. The Note was executed and delivered in connection with a business transaction
and judgment is not being entered by confession against a natural person in connection with a
consumer credit transaction.
12. Judgment has not been confessed or entered under the Note in any other
jurisdiction.
13. The 10% attorney's fee commission included in the confessed judgment is
authorized under the Note and is being used to calculate a sum certain for purposes of confessing
judgment; however, the Bank will only seek and recover its actual and reasonable attorney's fees
and costs in this matter.
WHEREFORE, Plaintiff Integrity Bank hereby requests this Court to enter judgment by
confession against the Defendants, Timothy R. Gaul and Lois M. Gaul, jointly and severally, in
the amount of $57,754.35 along with interest from and following June 5, 2012 at the per diem
rate of $9.83 until paid in full, plus costs.
McNEES WALLACE & NURICK LLC
Date: June 6, 2012 By
Nedric L. Niss y
PA Attorney I.D. No. 44233
McNees Wallace & Nurick LLC
100 Pine Street - P.O. Box 1166
Harrisburg, PA 17108-1166
(717) 260-173 1 (Direct Fax)
(717) 232-8000 (Phone)
nnissly(a,,mwn.com
Attorneys for Plaintiff Integrity Bank
I, Gary G. Klick, Vice President of Integrity Bank, verify that I am authorized to make
this verification on behalf of Integrity Bank, and that the facts contained in the foregoing
Complaint for Confession of Judgment are true and correct to the best of my knowledge,
information and belief and that the same are made subject to the penalties of 18 Pa. C.S.A. §
4904 relating to unworn falsification to authorities.
-.t7r'O&J -
Gary G. Klick ice President
??
PROMISSORY NOTE
for Laradsr's: use ? ?rtd do: trot Mrrtit t , . '?...,1e, sbMty. of lids d>Das?rrefn: lap arty, . loan or itxrn.
In. ebaVa aarttbhina a? ?F.hn huh ew?Ml.d iler.tn *..A'. h..rrw ?wiw?.
Borroww: Time" R asu)
Lots M. Gaul Can* NO Office
9 OMs Dr 3W Me" ftva
Nechenlosburg, PA 1701111"M 0sap Hill, PA 17011
(71719204000
PrhW1W Anount: $55,000.00 Dab of NOW January 13, 2008
MUN? bwfd neahayO of 60 to -11 Drones of Auedos, tie ar r?i bb* Of ?fw T anPOWn 10 d 0011100 Do f 85,000.00)r- togetheer Wuh
bnmet en du Unpaid PRI IF -11 1 - Pram January 13, 2009, we paid in f uL
PAYM W. 0t1daat to any papnM changes resuldog ft en drw 9 in the b"IM Soaeswr will pay this low In accordance with the IRMowbhg
P-- use t eabodaMr 00 ra- d IV aaeeANN" principal and brarsst paynhemb in the 10ttial arneurt of $42047 each, bq oft Foisnury 18,
2009, wfth kmem ealaainwd an the unpaid prbetpal babmoes at an hilid beereet rage of 7.000% par amuni and 100 monthly consecutive
prI b and btwnat peI L W la the UN amount of $377.05 ooh, MginhrhMO Fisim ry 10. 2014. wtlh hhwaeet ordadaeed on the unpaid
PrbuipM babMmw at an banwt rats based on the New York Prbaa Rafe of hheenst. Tha New York lilts Rate of bomea shah moan the kheenet
rasa per allrntaen Ielnnenanaed /rank Mme t gurus a valsw bnnadnnees jotrads, such se The Wall 6VM .faunal, as the "Mme ales of Intereat". The
Now Yak P*n Oaw M Muscat N m kdsn, and loans of der Sauk myt be ..-1111 id An er bolo- the bndac. TM New York Prins Rtes
of' I 'enais not neeaesansytle Mlcnk's bunt rat of kiterwL Tfe * l - rob shell Ant at New York Prhm lox "m* 5.=00%!, plus a margin
of 1.000%, eBasbd It neosaewy, for the minimum &W masdusen no M?nN -an ran for 16 loan, resulting In se NOW 2 r6srw1 nub of 5A=%.
Bomoorses OW payment will be due an January 15, 2029 and will be for all p*wlpd and naserad beerset an Yet pail, t iother with my other
unpaid amour I under fits Noes. Unless otherwise agreed or required by tppNabN iota, payments u M be applied flat to any scenrod unpaid
an 0 3011300 ba?N = tIs ounipuled
N, byippydng ill nds of to annual bWmtrob war s yew of ? data, muWpbd by she wgtarnMng prbdpW
sieve err mulow ethby s nurof days the in balance le oulttaading. Borrower will pay Lander at Lender's address sbown
at amh as Lender
desbraft willing.
VANtABLS INTWAST RATI. For the fist 00 psymema, the hhbraat rate on this loan will be 7.000%. Thereafter, the tamest rate on this Not
Is aubpot io Change from time to time based on changes In an indepardia kabx whioh le the New York Prime Rat of bhbrost. The New York
Prime Roes of hneereat shall mew the btareat rat par annum announced from tine to time in various business Journals, such as The Nag Street
JounW, as the Trirm Rate of Wduv t". The New York Pik. Rat of Interest N an index, and bane of the Bank may be established at, above
or below rte loudest. The Now York Prime Ramp of interest is not necessarily the Bank's lowest rate of interest. The laterm raft shall fiat at
New York Prins (tit 'index"). The-Index N not necessarily do tweet rat charged by Lander on he loans. N the index becomes unavailable
during the arm of thin ban, Lander may dofturta a sumatktub Index after notilykg Borrower. Lander will tell Borrower the current index rat
o brne based on Borrower's odor rotes well. The 1 is am raft change will cu ahdy not 3J occ 1 M per more
annoften um. T Th The Ineach terest row or, P to be ? applied that Lender thi unpaid pri cimake
pd
bdsee during tints Not will be the rat or rates set forth herein In the "Pay#wW section. Notork hatendlq arty other provision of this Mots,
after the fart payment stream, the I almomt rate for each payment stream will be effective as of the last payment date of the
Just-ending paymen st -w . NOTICE: Under no oioumstno sswill lie rate on this Not be We than 5.000% per ornu n or more than
the nenbnu n raw allowed by eppileable low. Whenover Increases occur In the bhlsreet rat, Lender, at IN option, may do one or mot of the
foMewingf W incroase Borrower's paYnenb to ensure Borrower's loan will pay off by It original fist maturity daft, (5) Increase Borrower's
payment to cover accruing bhwnsst, (C) Increase the number of Borrower's payments, and 1D) continue, Borrower's payments at the same
amount and Increase Borrower's Mal payment.
PRBPAYMM PMNALTY. Sorrower agrees that ail ban fear and other prepaid Marne charges are earned fully as of the date of the ban and
will not be aubjaet to refund upon early p yrn nt 1whethor vole Mary or se a result of diefauld, except as of erwlse rsgndrod by law. Upon
prepayment of rift Net. Lanrbr le o LO t tie tllowing prepsyrot poetry: Blomwell agrees flat M tom iim and ether prepakl fbwea
obaron are earned Wily as of IM dab of the lose and will not be subject 10 refund spoor espy parpnenR iwhal er vela dery or as a nark of
dMslq, ansapt me MAarwhe legnied by law. Upon pnpaI -s - of No Naw, Leunnfer in enntbled to the fokooslq
Prepayment or say annum of ft pufunolpsl sum shall be subject to a pem?ky charge of B% dwhq the lint year of wecrtsaMan ail declining 1%
par . to par (bud am pnspruynhsurt trough extem l P"VI elNeugln besmaMy geaerased floade Is perr.0Ksl wNbout
N. @-W5 Serrower may pay an or a porian of tit amount awed awl than It Is do. Espy payments will not,
uden agreed to by Lander In writing, r4eve Borrower of Borovwr's obligation to continue to make psymenn under the payment who".
Rather. early Mymmm will Induce the principal balance due and may revel in Borrower's making fewer payments. Borrower agrees not to send
Lender psymerm marked 'paid in full". `without recourse", or similar language. N Borower sands such a payment, Laurier may accept h
whhmx losing any of Larder's right under fhb Not, and Borrower will remain obligated to pay any further amount owed to Lender. AN written
oommdnioatione connoonirg dbputed amounts, in clyding any check or other payment Instrument that Indicates that the payment oorettutes
'payment in full" of tit amount owed or that Is tendered with other oo didor'a or limitations or as full oatlefsotlon of a disputed amount must be
maNed or delivered to: Integrity Bank, 5514 Market Street Camp Hill, PA 17011.
LATE CHAIM. If a payment Is 10 dogs or more late, Borrower will be charged 5.000% of dw rowdariy scheduled payment or $1040,
whir never b groo1w.
Karim T APTBR o wm- Upon dofauk, including failure to pay upon final maturity, the Werest rate on this Noss WWI be increased by
adding a 5.000 perow"go point margin ('Default Rat Margin"). The Default Rat Margin shall also apply to each su esedi g interim rate
change that would have applied had then been no defeuk. After msturfty, or after this Note would have matured had dare been no default, the
Ds&* Raft Magkn will wn*m to apply to the final interest rate described In this Not. If judgment is entered in collection with tale Note,
Mona will continue to aoorm aftr the dot of judgment at the rat In effect at the time Judgment Is entered. However, In no event will ike
Interest rate exceed to nmdnw m Interest rate limitations under applicable law.
0 0%ULT. Each of the following shall constkuts an event of default VEvent of Default') under this Note:
payment Dsfaak. Borrower foss to make any payment when due under this Not.
Other 13018016 Borrower fails to comply with or to perform any other term, obligation, covenant or condition contained in this Note or in
any of de related documents or to comply with or to perform any term, obligation, covenant or condition contained M any other agreement
PROMISSORY NOTE
(Continued)
between Lender and Borrower.
Page 2
Daqurlt In Pswr of Third Page . Borrower or any Grantor defsulb udw any ben, extension of credit, murity agrearnent, purchase or
salsa agreement, or any other agreement, In favor of any other cradtor or person that may materially affect any of Borrower's property or
Borrower's sbNly to relay this Note or perform Borrower's obNgadons under this Note or any of the related doournw ts.
False Sa mmertb. Any warranty, representation or statement made or furnshed to Lender by Borrower or on Borrower's behalf under this
Note or the related doournonte is false or misleading In any material reapeot, either now or at the Ons made or furnished or becomes false
or misleading at any dm thereafter.
Deab or kwol envy. The death of Borrower or the dissolution or tomdnadon of Borrower's exetaoa as a going business, the Insolvency
of Borrower, the eppohrtmartt of a rsoslver for any part of Borrower's property, any assignment for the beae t of creditors, any type of
creditor workout, or tit eornmencern rut of any ptoceeft under any bankrupeoy or insolvency laws by or against Borrower.
Credlbr or PerfsNure ProeesuMrgs. Commsrraen of foreclosure or forfeiture proceedings, whiter by pdlolal proceeding, self4wdp,
ro0 1 is ion at any other meted, by arty oredlor of Borrower or by any governmental agency against any oollabrol souring the Ian.
This faclxlse a gornishonent of any of Borrower's accounts, Including deposit *occur*, with Lender. However, Oft Event of Ddarlt shall
not apply K there Is a good faith dispute by Borrower as to the voNdly or reavonablonne of to claim which Is to bails of the creditor or
forfN4re proosedloq std if Borrow gives Lands wrltbn nodes of the areditor or forfeturs proohding and deposits with Lender mantes or
a moty both for the creditor or forfeiture proceeding, M an amount determined by Lender, In its sole discretion, as being an adequate
reserve or bond for the dispute.
Lrvanq Afbaesg Aaaraatsr. Any of the precedlrtg tarts occurs with respect to any guaartor, endorser, surety, or accommodation party
of wry of to bodWhedness or any guworrW, endorser, warty, or accommodation parry dies or becomes Incompetent, or revokes or
disputes the validity of, or NabiRty under, any guwsnty of the Indebtedness evidenced by this Now. M to evernt of a death, Lender, at ib
option, may, but NW not be required to, pwrrhl the guarantor's estate to assume unconditionally the obligations alsig under the guaranty
in a master andsfaotory to Lades, and, In doing so, ours any Event of Default.
MgouRy. Lender In good felt believes Itself Insecure.
Dun Prw4dm. K any defa^ other than a default In payment is curable and N Borrower has not been given a nodes of a breach of the
scents provision of this Note within tit preceding twelve (12) monde. It may be cured If Borrower, after raosift written notice from
Larder domandbrg ours of such default 11) ou rse the default within ten (10) days or (2) B the airs reghulrss more thin ten f10) days,
Inarra I I ly 6 We-es steps which Under dam In Candor's sole discretion to be s uffbArt to aura the default and thereafter continues and
completes sI reasonable and necessary steps sufficient to produce cornpllonce as aeon as reasonably practical.
LEID61'i MONTS. Upon default, Lender may, afar giving such notices as required by applicable law, declare the entire unpaid principal
balance under this Nob and all accrued rarpdd Interest knmsdatsly due, and than Borrower will pay tint amount.
ATTOMM10' FO W 013 N-80 . Lender may hire or pay soneons alse to help collect this Note If Borrower does not pay. Borrower will pay
Lander that arrant. This includaa, subject to any MY& dada applicable low. Undoes reasonable irttomsys' fees and Larder's legal expanses,
whWw or not than Is a lawwutt, Including ressonablo attorneys' fees, expenses for bankruptcy p rooaedrps (ktokkft efforts to modify or
vacate, eery automedo stay or Ir*motbN, and appeals. If not prohibited by appli c" law, Borrower also will pay any court costs, In addition to
of other area provided by law.
JURY VAUVEt. LNMRSr and Borrower hereby w elve dire right to any jury trial In any action, proceeding, or oohartsrcWm brought by either Lender
or Do owo adabtst ew oersr.
OOVERNMO LAME. This Nob we be governed by federal law applicabls to Lender and. to the salad net preerthpl 1 by farlarel law, the lows of
the Comrnwroa lW of Poraaylvsnla without regard to Its oonlEate of law provisions. This Nob has been rooepbd by Lender In the
ConowwArslw of Poom"Wasla.
OHOICE OF VEME. If there Is a lawsuit, Borrower sprees upon Lender's request to submit to the Jurisdiction of the courts of Cumberland
Courrty, Commonwealth of Pennsylvania.
DISHO11110M ITI00 FEE. Borrower will pay a fee to Larder of 029.00 If Borrower makes a payment on Borrower's loan and the check or
preauthorised charge with which Borrower pays Is later dishonored.
RWHT OF B111ITM. To #w extent permitted by applicable low, Corder reserves a fight of setoff in all Borrower's scocunb with Lender (whethw
ohsokIrW savings. or now other soootmO. This Includes all accounts Borrower holds join y with someone alas and all a counts Borrower may
open in to futwe. However, this does not irofuds arty IRA or Keogh accounts, or airy true accounts for which setoff would be prohibited by
law. Borrower authorizes Larder, to the extant permitted by epplosble low, to charge or satoff all sums owing on the indebtedness against any
and am arch scoou ra.
COLLATBIfAL. Borrower acknowledges this Note Is secured by a lot mortgoge Non on 832 Benton Street,. Harrisburg, Dauphin County,
Ponneyhroals and an Assignment of Rents and Losses.
CALL OPTION. The Bank shall hove a call option which may be axerolsed to be effective on each fifth orativersary of the date of closing, "loot
to nkety (90) dogs advance wHt on notice to Borrower advlskhg the Bank's Wooden to call the oWlWon due.
PATRIOT ACT. TO HELP THE GOVERNMENT FIGHT THE FUNDING OF TERRORISM AND MONEY LAUNDERING ACTIVITIES, FEDERAL LAW
REQUIRE ALL FINANCIAL INSTITUTIONS TO OBTAIN, VERIFY, AND RECORD INFORMATION THAT IDENTI90S EACH PERSON WHO OPENS
AN ACCOUNT. WHAT THIS MEANS FOR YOU. WHEN YOU OPEN AN ACCOUNT, WHETHER IT BE A DEPOSIT ACCOUNT OR A IRAN, 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 SM YOUR DRIVER'S LICENSE OR OTHER IDENTIFYING DOCUMENTS.
CRO" COLLATNUUJZBDXMBS DEFAULT. This ban also secures payment and performance of all other bans to Borrower or any guarantor.
The word 'Guarantor" nests any guarantor, surety or socomordatlon party of any or M of tiro Loan.
SUtOsOR WTWMM. The tams of this Note shall be binding upon Borrower, and upon Borrower's helm, personal. representatives,
suaessors and assigns, and shall lure to the benefit of Under and its successors and assigns.
QEUERAL PROVMION>l. If wry part of this Note owdot be enforced, this fact will not affect the rest of the Note. Leader msy delay or forgo
onforcng any of Its rights or remedies under this Note without losing dam. Each Borrower understands and agrees that, wit or without nodes
to Borrower. Laden may with respect to wry other Borrower IQ make one or more additional secured or unsecured cans or otherwise extend
addidcnal we^ (b) alter, compromise, renew, exand, accelerate, or otherwise charge one or more tines the time for payment or other tome
of shy Indebtedness, Including Ww*asss and deaoasss of the rate of Interest on the Indebtedness, (a) exchange, enforce, waive, subordinate,
fall or deoide not to perfect, and release any security, with or without the substitution of now collateral; Id) apply such security and direct the
PROMISSORY NOTE
(Continued) Pope 3
, or led terms of the oonVollinp security agreements,
order or Lender In IN dieoredon may determine; wNlh a ut lea etlon?urts, ag noe not to n-lsl selle ppermitted
aY any one or more of Borrower's rixatlss,
endorsers, or other quarentors on any terms or in any manner Lender may choose; and (f) det name how, when and what application of
pavraeft and aedlta shall be made on any other Indebadnses owing by such other Sonoww. Borrower and any other person who signs,
ourentess or endorses thle Note, to the exam slowed by law, waive presentment, demand for payment, and nedoe of dishonor. Upon any
ohsngs In ehs tsmrs of tfle Note, and unless odwwise sWeeW etstad in wWAv. no party who Npns Thal Nate, wlwdm toe maker, guarantor,
acoonN wxb*n maker or endorse, $W be rebased from Wlty. AN rich pardes agree Nat Lander nay renew or extend (ropeatsdly and for
anY iaoth of time) this ban or relaase any party or guarantor or collateral; or Impair, fall to reeNs• upon or Perim Lender's security interest in
the oolalsrah, end take anY other action cl ad necessary by Lender without the consent of or notice to anyone. AN such psrUes also agree
that Lender may modify Oft loan without the consent of or notice to anyone other then the party wide whom the modllsadon is made. TM
we joint and s ? . IIff any portion of tale Noe is for any reason determined to be unenforceable, It WIN not affect
tOWNSIONI OF JUDOMN T. BORROWER HEREBY IRREVOCABLY AUTHORIZES AND EMPOWERS ANY ATTORNEY OR THE
PNOTWONOTARY OR CLERK OF ANY COURT N THE COMMONWEALTH OF PENNSYLVANIA, OR ELSEWHORS, TO APPEAR AT ANY TIME
FOR BORROWER AFTER A DEFAULT UNDER THIS NOTE AND WITH OR WITHOUT COMPLANT FILM, CONFM OR ENTER JUDGMENT
AGA94T BORROWER POR THE ENTIRE PRINCIPAL BALANCE OF THIS NOTE AND ALL ACCIFAJI D INTEREST. LATE 04AMES AND ANY AND
ALL AMOUNTS EXPENDED OR ADVANCED BY LENDER RELATING TO ANY COLLATERAL SECURING THIS NOTE, TOGETHER WITH COSTS
OF SUtT, AND AN ATTOR NEY'S COMMISSION OF TEN PERCENT (1096) OF THE UNPAID PRINCIPAL BALANCE AND AC== INTEREST FOR
COLLECTION, BUT IN ANY EVENT NOT LESS THAN FIVE HUNDRED DOLLARS (MM ON WHICH JUDGMENT OR JUDGMENTS ONE OR
MORE ITI N48 MAY ISSUE 11MMEDIJITELY; AND FOR SO DOING, THIS NOTE OR A COPY OF THIS NOTE VERIFIED BY AFFIDAVIT SHALL
BE SURWIENT WARRANT. THE AUTHORITY GRANTED N THIS NOTE TO CONFESS JUDGMENT AGAINST BORROWER 814ALL NOT BE
004AUBM BY ANY MUIR= OF THAT AUTHORITY, BUT SHALL CONTINUE FROM TIME TO TIME AND AT ALL TIMES UNTIL PAYMENT IN
FULL OF ALL AMOUNTS DUE UNDER THE NOTE. BORROWER HEREBY WAIVER ANY RIGHT BORROWER MAY HAVE TO NOTICE OR TO A
FEARING N 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 WSNIMG THIS NOTE. EACH BORIROWM READ AND tN DMISTOOD ALL THE PROVISIONS OF THIS NOTE, INCLUDING THE
VARIABLE INTlNIBBT RATE PROVISIONS. EACH BORROWER AGREES TO THE TERMS OF THE NOTE.
BORROWER ACKNOWLWM RECEPT OF A COMPLETED COPY OF THIS PROMISSORY NOTE.
THIS NOTE IS RIVEN UNIDlNR SEAL AND IT IS INTENDED THAT THIS NOTE 18 AND SHALL CONSTITUTE AND HAVE THE EFFECT OF A
SEALED NSTRIJNEENT AOCXRDING TO LAW.
X i sl1HI
LdFM.aad
INTEGRITY BANK
X
DISCLO...)RE FOR CONFESSION OF A GIVIENT
•j'etti, '?. :x. , e -? . Y .:I . ?'m AjL+j ` '?iYda? ? ?? ??i,: `yt'?;:
Retwomme In the bwm above are lot'Lender's use on****m r and. do not Smh IM of this doounsntao a
M' p loen.. or Item:.
h
A
to
em above . has been ondit due
ny conukft
twd Wn
Borrower: Tkvwft R Gaud Lender: hophy Bank
Lob M. Gew Cane HN Om"
9 Ovk Or 3945 Sllarket Street
Mschwdcd ury, PA 170664866: Came HIS, PA 17011
(717) 920.4900
Declarant: Thwhy R Haul .
3 Owls or
Meolmdabur8, PA 170664856
DISCLOSURE FOR CONFESSION OF JUDGMENT
I AM EXECUTM, THIS / J DAY OF 20 Qq, A PROMISSORY NOTE FOR 863,000,00 OBLIGATING
ME TO REPAY THAT AMOUNT.
A. 1 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 OFFW40 ME
AN OPPORTUNITY TO DEFEND AGAINST THE ENTRY OF JUDGMENT. IN EXECUTING THE NOTE, 0=0 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 ABSERT
AGAIN T ME UNDER THE NOTE, I AM KNOWNGLY, INTELLIGENTLY. AND VOLUNTARILY WANING THESE RIGHTS, INCLUDING ANY RIGHT
TO ADVANCE NOTICE OF THE ENTRY OF JUDGMENT, AND 1 EXPRESSLY AGREE AND CONSENT TO LENOECS ENTERING JUDGMENT
AGAINST ME BY CONFESSION AS PROVNM FOR IN THE CONFEUION OF JUDGMENT PROVISION.
B. I FURTHER UNDERSTAND THAT N ADDITION TO GIVING LENDER THE RIGHT TO ENTER JUDGMENT AGAINST ME WITHOUT ADVANCE
NOTICE OR A HEARING, THE CONPINI ION OF JUDGMENT PROVISION IN THE NOTE ALSO CONTAINS LANGUAGE THAT WOULD PERMIT
LENDER, AFTER ENTRY OF JUDGMENT, AGAIN WITHOUT EITHER ADVANCE NOTICE OR A HSARNNG, TO EXECUTE ON THE JUDGMENT BY
FORECLOSING UPON, ATTACHING, LEVYING ON, TAKING POSSESSION OF OR OTHERWISE SE N13 MY PROPERTY, IN FULL OR PARTIAL
PAYMENT OF THE JUDGMENT. IN EXECUTING THE NOTE, BEND FULLY AWARE OF MY RIGHTS TO ADVANCE (NOTICE AND A HEARING
AFTER JUOGMMT IS ENTERED AND BEFORE EXECUTION ON THE JUDGMENT, 1 AM KNOWINGLY, INTELLIGENTLY AND VOLUNTARLY
WAIVING THESE RKNITS, AND 1 EXPRESSLY AGREE AND CONSENT TO LENDER'S IMMEDIATELY EXECUTING ON THE JUDGMENT IN ANY
MANNA PERMITTED BY APPLICABLE STATE AND FEDERAL LAW, WITHOUT GIVING ME ANY ADVANCE NOTICE.
0. AFTER HAVING READ AND DETERMINED WHICH OF THE FOLLOWING STATEMENTS ARE APPLICABLE, BY INITIALING EACH
STATEMENT THAT APPLIES. I ROAESENT 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 $10,000; THAT THE BLANKS IN THIS DISCLOSURE WERE FILLED IN WHEN; INITIALED
AND SIGNED IT; AND THAT I RECEIVED A COPY AT THE TIME OF SIGNING.
THIS DISIX WRE IS GIVEN UNDER SEAL AND IT IS INTENDED THAT THIS DISCLOSURE IS AND SHALL CONSTITUTE AND HAVE THE
EFFECT OF A SEALED INSTRUMENT ACCORDING TO LAW.
X
•
DISCLOS., AE FOR CONFESSION OF A IMENT
Declarant: Lob M. Gw1
3 Ovl$ Or
Madmilamilmn, PA 1705501405,
DISCLOSURE FOR CONFESSION OF JUDGMENT
!,'AM EUMCUTNG, THIS 13 DAY OF -S4AJ . 20A. A PROMISSORY NOTE FOR $65.000.00 OBUOJITING
ME TO REPAY THAT AMOUNT.
A. I UNDERSTAND THAT THE NOTE CONTAINS A CONFESSION OF JUDGMENT PROVISION THAT WOULD PERIIMT LENDER TO ENTER
JUDGMINIT AGAINST NNE IN COURT, AFTER A DEFAULT ON THE NOTE, WITHOUT ADVANCE NOTICE TO ME AND WITHOUT OFFMi81G ME
AN OPPORTUX" TO DEPEND AGAINST THE ENTRY OF JUDGMENT. N EXECUTING THE NOTE, SWIG FULLY AWARE OF MY RIGHTS TO
ADVANCE NOTME AND TO A FEARING TO CONTEST THE VALIDITY OF ANY JUDGMENT OR OTHER CLAIM THAT LENDER MAY ASSERT
AGANST ME LENDER THE NOTE, 1 AM KNOWINGLY. INTELLIGENTLY, AND VOLUNTARSLY WANING THESE MGM, IINCLUDING 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 N THE CONFEBSION OF JUDGMENT PROVISION.
S. 1 FURTHER UNDERSTAND THAT N ADDITION TO GIVING LENDER THE RIGHT TO ENTER JUDGMENT AGAINST ME WITHOUT ADVANCE
NOTICE OR A HEAMNG, THE CONFESSION OF JUDGMENT PROVISION N THE NOTE ALSO CONTAINS LANGUAGE THAT WOULD PERMIT
LE N W AFTER ENTRY OF JUDGMENT, AGAN WITHOUT EITHER ADVANCE NOTICE OR A HEARING, TO EXECUTE ON THE JUDGMENT BY
FORECLOSING UPON, ATTACHING, LEVYING ON, TAKING POSSESSION OF OR OTHERWISE BERING MY PROPERTY, N 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 16 ENTERED AND BEFORE EXECUTION ON THE JUDGMENT, I AM KNOWINGLY, I ITELLMIGN LY AND VOLUNTARILY
WANVINY THESE MOOTS, AND 1 EXPRESSLY AGREE AND CONSENT TO LENDER'S WIMINNATELY EXECUTING ON THE JUDGMENT N ANY
MANNER PERMITTED BY APPLICABLE STATE AND FEDERAL LAW. WITHOUT GIVING ME ANY ADVANCE NOTICE.
C. AFTER HAVING READ AND DETERMINED WHICH OF THE FOLLOWNO STATEMENTS ARE APPUCABLE. 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 OCCIEDS $10,000; THAT THE BLANKS IN THIS DISCLOSURE WERE FLLM IN WHEN I INITIALED
AND STONED IT; AND THAT 1 RECEIVED A COPY AT THE TIME OF SIGNING.
THIS DISCLOSURE IS GIVEN UNDER SEAL AND IT 18 INTENDED THAT THIS DISCLOSURE IS AND SHALL CONSTITUTE AND HAVE THE
EFFECT OF A SEALED NNSTRUMENT ACCORDING TO LAW.
DECLARANT:
X { T seen
Lob 101-000
Signed, asNverad Ln presenaa sr:
x
WIUW"
x
nsss
Borrower: Timothy R amd Lender: kv%Wky Bsnk
Lab M. Gwl Cant' HIS ONbe
3 Owls Or 3346 Msrkst Stmt
Modwmlodmrg, PA 170664586 Camp HM, PA 17011
171715204500
?? .
June 1, 2012
Timothy R. Gaul
Lois M. Gaul
3 Ovis Drive
Mechanicsburg, Pa 17055
RE: Business Loan #
Dear Mr. and Mrs. Gaul:
The purpose of this letter is to advise you that you are currently in default on the
mortgage and corresponding note dated 01/13/09. Please be advised that this letter
constitutes your notice that you are in default and that Integrity Bank is demanding
payment in full of all principal, interest and late payments of your loan.
As of the date of this letter, the principal amount of $50,568.77 for loan number
is past due and in default. As you know, under the terms of the Mortgages
and Notes, you are additionally liable for interest, late fees, costs and attorneys' fees
incurred due to this default.
Please be further advised that Integrity Bank reserves the right to pursue each and
every legal and/or equitable remedy available, should this loan not be paid in full within
thirty (30) days of the date of this letter.
We ask that you contact us to advise us as to when payment will be made, so that
legal action can be avoided. Otherwise, we will refer this matter to our legal counsel.
Please understand that this issue requires your immediate attention. Thank you for your
anticipated cooperation.
Sincerely,
Gary Klick
Vice President
INTEGRITY BANK, IN THE COURT OF COMMON PLEAS
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
No. I 1 „ 31M c ;
TIMOTHY R. GAUL and LOIS M. GAUL,
Defendants
: CIVIL ACTION -LAW
AFFIDAVIT OF NON-MILITARY SERVICE
AND LAST-KNOWN ADDRESSES OF
TIMOTHY R. GAUL and LOIS M. GAUL
COMMONWEALTH OF PENNSYLVANIA
DAUPHIN COUNTY
. SS.
.
r
rl
'
-70
' _.
-6 :-
The undersigned, being duly sworn according to law, deposes and says that to the best of
my information and belief, Defendants Timothy R. Gaul and Lois M. Gaul are not in the Military
or Naval Service of the United States or its Allies, or otherwise within the provisions of the
Service Members Civil Relief Act, f/k/a the Soldier's and Sailor's Civil Relief Act of 1940, 50
U.S.C. App. 501, et seq. The Defendants are over eighteen (18) years of age and were last
known residing at 3 Ovis Drive, Mechanicsburg, Pennsylvania, 17055.
Nedric L. Nissly
and
Notary Fulblic J
My Commission Expires
(SEAL)
before me this ! day
kt l
CONWEALTH OF PENNSYLVANIA
al
otary publk
y
uphin Count
s Aug. 1, 2014
INTEGRITY BANK,
Plaintiff
V.
TIMOTHY R. GAUL and LOIS M. GAUL,
Defendants
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
. No.
CIVIL ACTION - LAW
CERTIFICATE OF RESIDENCE
m
mco
v.
V
Y
co
r
-r
ES
C.? f
I, Nedric L. Nissly, hereby certify the following addresses for the Defendants as follows:
Timothy R. Gaul and Lois M. Gaul
3 Ovis Drive
Mechanicsburg, PA 17055
Date: June 6, 2012
McNEES WALLACE & NURICK LLC
By.
Nedric L. Nissly
PA Attorney I.D. No. 44233
McNees Wallace & Nurick LLC
100 Pine Street - P.O. Box 1166
Harrisburg, PA 17108-1166
(717) 260-173 1 (Direct Fax)
(717) 232-8000 (Phone)
nnissly@a,mwn.com
Attorneys for Plaintiff Integrity Bank
INTEGRITY BANK, IN THE COURT OF COMMON PLEAS
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V.
TIMOTHY R. GAUL and LOIS M. GAUL,
Defendants
No.
CIVIL ACTION - LAW
NOTICE OF ENTRY OF JUDGMENT
($55,000 Loan)
TO: Timothy R. Gaul and Lois M. Gaul
3 Ovis Drive
Mechanicsburg, PA 17055
You are hereby notified that on June _, 2012 a judgment by confession was entered
against each of you in the above-captioned case in favor of Integrity Bank as follows:
Principal: $50,568.77
Accrued Interest: 807.33
Satisfaction Fees: 52.00
Late Fees: 64.47
Prepayment Fee: 1,011.38
Attorney's Commission (10%): 5,250.40
Total: $57,754.35*
*along with interest from and following June 5, 2012 at the per diem rate of $9.83
until paid in full.
DATE: June , 2012
PROTHONOTARY
INTEGRITY BANK, IN THE COURT OF COMMON PLEAS
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V. No. ld-` 3 j g ,1 ,?-
TIMOTHY R. GAUL and LOIS M. GAUL, : J
Defendants : CIVIL ACTION - LAW
NOTICE UNDER PA.R.C.P. NO. 2958.1 OF JUDGMENT
AND EXECUTION THEREON
TO: Timothy R. Gaul and Lois M. Gaul
3 Ovis Drive
Mechanicsburg, PA 17055
A judgment in the amount of $57,754.35 along with interest from and following June 5,
2012 at the per diem rate of $9.83 until paid in full, plus costs, has been entered against you and
in favor of Integrity Bank, in the above captioned case 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.
CUMBERLAND COUNTY BAR ASSOCIATION
32 South Bedford Street
Carlisle, PA 17013
(717) 249-3166 or (800) 990-9108
/') `. ? 5-C' k'
McNEES WALLACE & NURICK LLC
Date: June 6, 2012 By
Nedric L. Nissly, Esquire
Attorney I.D. No. 44233
nnissly@mwn.com
100 Pine Street
P. O. Box 1166
Harrisburg, PA 17108-1166
(717) 232-8000
Attorneys for Integrity Bank
`? tt tiq?U??',tt
INTEGRITY BANK, , t`THE COURT OF COMMON PLEAS
Pla i rY ? ? ; 1 X CUMBERLAND COUNTY, PENNSYLVANIA
1q,
v. No. 12-3584
TIMOTHY R. GAUL and LOIS M. GAUL,
Defendants CIVIL ACTION - LAW
RETURN OF SERVICE PURSUANT TO
PA. R.C.P. No. 2958.1(c)
Plaintiff, Integrity Bank, hereby files this Return of Service and swears and affirms that the
persons listed below were served pursuant to Pa. R.C.P. No. 2958.1(b) with the Notice of Judgment
and Execution Required by Rule 2958.1 by certified mail, return receipt requested, as provided by
Pa. R.C.P. No. 403. A copy of each receipt for certified mail is attached hereto.
TO: Timothy R. Gaul and Lois M. Gaul
3 Ovis Drive
Mechanicsburg, PA 17055
Respectfully submitted,
McNEES WALLACE & NURICK LLC
Date: June 19, 2012 By.
Nedric L. Nissly, Esquire
Attorney I.D. No. 44233
nnissly@mwn.com
100 Pine Street
P. O. Box 1166
Harrisburg, PA 17108-1166
(717) 237-5357
Attorneys for Integrity Bank