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HomeMy WebLinkAbout12-4588 ! to, T- INTEGRITY BANK, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. No. STEVEN L. ZUCKER and SONJA C. ZUCKER, Defendants CIVIL ACTION - LAW NOTICE OF ENTRY OF JUDGMENT To: Steven L. Zucker Sonja C. Zucker fA You are hereby notified that on July J , 2012, judgment was entered against you in sum of $17,607.92 (along with interest accruing at the per diem rate of $2.88 after June 5, until paid in full), in the above-captioned case. M DATE: • 7/a31 tXJ we 00 Prothonotary 12 YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO N HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFI 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 I hereby certify that the following are the addresses of the Defendants: Steven L. Zucker 1500 Smokehouse Lane Harrisburg, PA 17110 Sonja C. Zucker 1500 Smokehouse Lane Harrisburg, PA 17110 McNEES WALLACE & NURICK LLC Date: July 23, 2012 By edric L. Nissly Attorney I.D. 44233 100 Pine Street- P. O. Box 1166 Harrisburg, PA 17108-1166 Direct Fax: 717-260-1731 Phone: 717-232-8000 nnissly@mwn.com Attorneys for Integrity Bank INTEGRITY BANK, Plaintiff V. STEVEN L. ZUCKER and SONJA C. ZUCKER, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANI No. r7rt CIVIL ACTION -LAW PRAECIPE TO TRANSFER JUDGMENT = CO TO THE PROTHONOTARY: Pursuant to Pa.R.C.P. No. 3002, Integrity Bank, by and through its undersigned hereby transfers to this Court the money judgment entered in its favor in the Court of Pleas of Dauphin County, Pennsylvania, on June 7, 2012, in the amount of $17,607.92 (al, with interest accruing at the per diem rate of $2.88 after June 5, 2012 until paid in full), at C Action Docket No. 2012-CV-04707-NT against Steven L. Zucker and Sonja C. Zucker. A certified copy of the docket entries and judgment in the Dauphin County action, whi Plaintiff seeks to transfer, is attached hereto as Exhibit "A". Date: July 23, 2012 McNEES WALLACE & NURICK LLC By Nedric L. Attorney I.D. 44233 100 Pine Street- P. O. Box 1166 Harrisburg, PA 17108-1166 Direct Fax: 717-260-1731 Phone: 717-232-8000 nnissly@mwn.com Attorneys for Integrity Bank Y- X33, d Q /y, jd ?? In The (Court of (Common iffieag of -Maupbin Countp, vennoplbania Integrity Bank VS. No. 2012-CV-04707-NT Steven L. Zucker and Sonja C. Zucker CERTIFICATION OF DOCKET ENTRIES AND JUDGMENT I, the undersigned Prothonotary of the Court of common Pleas of Dauphin County, Pennsyk 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: Integrity Bank and against Defendants(s) Steven L. Zucker and Sonja C. Zucker on June 7, 2012 in said case in the amount of $17,607.92 In Teotimonp Whereof, I have hereunto set my hand and affixed Monday, July 23, 2012. By: _ Deputy of the Court, on Date: 7/23/2012 Time: 01:20 PM Page 1 of 3 Filed: 6/7/2012 Subtype: Notes Comment: Status History Pending Pending / Judgment Judge History Date Judge 6/7/2012 No Judge, Payments McNees Wallace & Nurick Exemplified Record Miscellaneous Receipts Receipt Date 278708 7/23/2012 Plaintiff Name: Integrity Bank Dauphin County Complete Case History Case: 2012-CV-04707-NT Integrity Bankvs.Steven L Zucker, etal. Physical File: Y Appealed: N 6/7/2012 6/7/2012 Reason for Removal Current Receipt Date Type 276019 6/7/2012 Civil Filing 278708 7/23/2012 Miscellaneous 26.25 Total Exemplified Record Address: Phone: Home: Employer: Litigant Type: Comment: Attorneys Nissly, Nedric L Defendant Name: Zucker, Steven L Address: Phone: Home: Employer: Litigant Type: Comment: Attorneys Nissly, Nedric L Work: 26.25 Sum: SSN: DOB: Sex: Send notices: Y (Primary attorney) Send Notices SSN: DOB: Sex: Work: Send notices: Y (Primary attorney) Send Notices 1 User: NCAHILL Amount 51.75 26.25 78.00 26.25 F Date: 7/23/2012 Dauphin County Time: 01:20 PM Complete Case History Page 2 of 3 Case: 2012-CV-04707-NT Integrity Bankvs.Steven L Zucker, etal. Defendant Name: Zucker, Sonja C SSN: Address: DOB: Sex: Phone: Home: Work: Employer: Send notices: Y Litigant Type: Comment: Attorneys Nissly, Nedric L (Primary attorney) Send Notices Register of Actions 6/7/2012 New Civil Case Filed This Date. No Judge, Plaintiff: Integrity Bank Attorney of Record: No Judge, Nedric L Nissly Defendant: Zucker, Steven L Attorney of No Judge, Record: Nedric L Nissly Defendant: Zucker, Sonja C Attorney of No Judge, Record: Nedric L Nissly Filing: Complaint with Confession of No Judge, Judgment Paid by: McNees Wallace & Nurick Receipt number: 0276019 Dated: 6/7/2012 Amount: $51.75 (Check) For: Zucker, Steven L (defendant) On Complaint filed Judgment in No Judge, favor of Plaintiff and against Defendants in the sum of Seventeen Thousand Six Hundred Seven and 92/100 Dollars ($17,607.92) by virtue of authority contained in the Warrant of Attorney filed dated 5-13-11 payable installments with interest, costs, etc. ---- for colt'n. Inquisition and Exemption Waived. Entered At 4:07 p.m. Stephen E. Farina, Prothonotary Copies of all documents mailed. 7/18/2012 Notice Under Rule 2958.1 of Judgement & No Judge, Execution: Sheriffs Return filed stating service was completed. So answers J. R. Lotwick, Sheriff. Steven L. Zucker Assigned to Dauphin Co Sheriffs Office Service fee $78.00 served Notice Under Rule 2958.1 of Judgement & No Judge, Execution: Sheriffs Return filed stating service was completed. So answers J.R. Lotwick, Sheriff. Sonja C. Zucker Assigned to Dauphin Co Sheriffs Office Service fee $0.00 served 7/23/2012 Miscellaneous Payment: Exemplified No Judge, Record Paid by: McNees Wallace & Nurick Receipt number: 0278708 Dated: 7/23/2012 Amount: $26.25 (Check) User: NCAHILL I Date: 7/23/2012 Dauphin County Time: 01:20 PM Complete Case History Page 3 of 3 Case: 2012-CV-04707-NT Integrity Bankvs.Steven L Zucker, etal. Judgment Order date In Favor Of 06/07/2012 Plaintiff Comment: 17607.92 Plaintiff: Integrity Bank Defendant: Zucker, Sonja C JUG 2 3 ZOifker, Steven L Disposition Judgment 06/07/2012 Open Judgment I hereby certify that the f re oing is a true and correct copy of a riginal filed. User: NCAHILL 0018 OFALI? MALED INTEGRITY BANK, IN THE COURT OF COMMON PLEAS Plaintiff : DAUPHIN COUNTY, PENNSYLVANIA w ' V. No. STEVEN L. ZUCKER and SONJA C. ZUCKER, Defendants CIVIL ACTION- LAW -00 zx v rn NOTICE OF ENTRY OF JUDGMENT ° q ($20,000 Loan) a X- TO: Steven L. Zucker and Sonja C. Zucker 1500 Smokehouse Lane Harrisburg, PA 17110 You are hereby notified that on June 2012 a judgment by confession was entereagainst each of you in the above-captioned case in favor of Integrity Bank as follows: i Principal: $15,267.63 Accrued Interest: 327.17 Satisfaction Fee: 104.00 Late Fees: 308.40 Attorney's Commission (?10%): 1,600.72 Total: $17,607.92* *along with interest from and following June 5, 2012 at the per jm rate of $2.881 until paid in full DATE: JUN 0 7 2012 ARY JUL232012 I hereby certify that the forego' g is a true and correct copy of the riginal filed. (\ INTEGRITY BANK, Plaintiff V. STEVEN L. ZUCKER and IN THE COURT OF COMMON PLEAS DAUPHIN COUNTY, PENNSYLVANIA No. Q-01-q <O l - SONJA C. ZUCKER, Defendants CIVIL ACTION - LAW c NOTICE UNDER PA.R.C.P. NO. 2958.1 OF JUDGMENT rn J AND EXECUTION THEREON ?., D C7 C _ TO: Steven L. Zucker and Sonja C. Zucker s 1500 Smokehouse Lane -< cam, Harrisburg, PA 17110 -4 A judgment in the amount of $17,607.92 along with interest from and following June 5, 2012 at the per diem rate of $2.88 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 NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE 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 C :>7z McNEES WALLACE & NURICK LLC Date: June 6, 2012 By. Nedric L. Ni squire 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 T INTEGRITY BANK, STEVEN L. ZUCKER and SONJA C. ZUCKER, Defendants IN THE COURT OF COMMON PLEAS DAUPHIN COUNTY, PENNSYLVANIA No. dD 1 CV- (4 707- CIVIL ACTION -LAW Plaintiff V. CONFESSION OF JUDGMENT ($20,000 Loan) Pursuant to the authority contained in the Note, as defined in the Complaint filed in above captioned case and evidenced by Exhibit A to said Complaint, we appear for Steven L. Zucker and Sonja C. Zucker, and confess judgment against them in favor Plaintiff Integrity Bank as follows: g -v Principal: $15,267.63 r?nZ Accrued Interest: 327.17 = " Satisfaction Fee: 104.00 PIC) c a Late Fees: 308.40 Attorney's Commission (10%): 1.600.72 ©. - Total: $17,607.92* *along with interest from and following June 5, 2012 at the per diem rate of $2.88 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.O. Box 1166 Harrisburg, PA 17108-1166 (717) 260-173 1 (Direct Fax) (717) 232-8000 (Phone) nnisslyamwn.com Q , 0 Q} Cl) =M.C.. C), -c Attorneys for Plaintiff Integrity Bank T PIECFIVED GF?FiCE OF PROTHONOTARY 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) nnissly0hawn.com Attorneys for Plaint rIntegrity Bank INTEGRITY BANK, Plaintiff V. 11112 JUN -7 PM 4: 07 DAUPHIN COUNTY PENNA IN THE COURT OF COMMON PLEAS DAUPHIN COUNTY, PENNSYLVANIA No. 1 ?,V CIVIL ACTION -LAW STEVEN L. ZUCKER and SONJA C. ZUCKER, Defendants COMPLAINT FOR CONFESSION OF JUDGMENT ($20.000 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 business at 3345 Market Street, Camp Hill, Pennsylvania 17011. 2. Defendants Steven L. Zucker and Sonja C. Zucker (the "Borrowers"), and wife, are adult individuals who reside at 1500 Smokehouse Lane, Harrisburg, 17110. 3. On May 13, 2011, the Bank made a loan to the Borrowers in the principal of $20,000 (the "Loan") for a business purpose as evidenced by a Promissory Note of Borrowers in favor of the Bank dated May 13, 2011 in the amount of $20,000 (the Attached hereto as Exhibit A and incorporated herein by reference is a true and correct copy the Note. 4. Borrowers have defaulted under the Note by failing to make payments when thereunder for a period in excess of 79 days. 5. As a result of said default, the Bank sent a notice of default and demand letter the Borrowers on June 1, 2012. Attached hereto as Exhibit B and incorporated herein 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 under the Loan is now due and payable under the Note. 7. The Note provides that upon demand thereunder the Bank may confess against the Borrowers. 8. The total sums due and owing by the Borrowers under the Note as of June 5, 201: are itemized as follows: Principal: $15,267.63 Accrued Interest: 327.17 Satisfaction Fee: 104.00 Late Fees: 308.40 Attorney's Commission (105/): 1,600.72 Total: $17,607.92* *along with interest from and following June 5, 2012 at the per diem rate of $2.88 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. T 11. The Note was executed and delivered in connection with a business transacti and judgment is not being entered by confession against a natural person in connection with consumer credit transaction. 12. Judgment has not been confessed or entered under the Note in any jurisdiction. 13. The 10% attorney's fee commission included in the confessed judgment authorized under the Note and is being used to calculate a sum certain for purposes of judgment; however, the Bank will only seek and recover its actual and reasonable attorney's and costs in this matter. WHEREFORE, Plaintiff Integrity Bank hereby requests this Court to enter judgment by confession against the Defendants, Steven L. Zucker and Sonja C. Zucker, jointly and severally, in the amount of $17,607.92 along with interest from and following June 5, 2012 at the per diem rate of $2.88 until paid in full, plus costs. McNEES WALLACE & NURICK LLC Date: June 6, 2012 By. Nedric L. Nissly PA Attorney I.D. No. 44233 McNees Wallace & Nurick LLC 100 Pine Street - P.O. Box 1166 Harrisburg, PA 17108-1166 (717) 260-173 1 (Direct Fax) (717) 232-8000 (Phone) nnisslynamwn.com Attorneys for Plaintifflntegrity Bank I, Gary G. Mick, Vice President of Integrity Bank, verify that I am authorized to make this verification on behalf of Integrity Bank, and that the facts contained in the foregoing Complaint for Confession of Judgment are true and correct to the best of my knowledge, information and belief and that the same are made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unworn falsification to authorities. - A46eff-&Lj Gary G. Klick ice President ?XHIBIT:_J?.? a : ges$ 3 inn ° e y g 4 log °• $ R g s !r 'all a g ? ? ? ? 8r 3 S g . ag s $ g e ? a • _. s 'M _ $ s ;I] 3l . _ if ;Ill o .'-1 : ; N n ?g3 lot i S .? elf - =e g g _ a ISL ?' s g SL ar N 4 ,z> -c $. . $ ? c a g He 11 H; ° w? Figs- j > :. A PH fill #a lp"m g _ o too a 'lag I, _ b ?O g ° fill IRE 4 _O z $a a 150 1 lift Is 0 1 §1111 fill 11 cc :00 g a s I C till till ir ;8111 ggx r C Er 4 -v SL v $ w S 1 ? ?• Pe SEW t 1 3 aq nit $'> nits ivmill ir IT 113he - It ?o fi - L, 3 Mr-M, s 21 A NAV ago PROMISSORY NOTE (Continued) MNOR TO $000 THIS NOTE. EACH 11OlIROWER READ AND UMMITOOD AU THE PROVISIONB OF THIS MOTE. EACH BOBB A M m - TO THE TERM= OF THE NOTE. BORN WIM ACKNOMILDOEE R90M OF A CWPLW O OOPY OF THM PROMWWRY NOTE. THIS NOTE 1E ONO UNDER SEAL AND fr IS BI OMID THAT THIS BATE IS AND SHALL CONSIllUla AND HAVE THB EFFECT WALED UnS MIT ACOORdE G TO LAW. 801111DW!!li r? ?ks 84 w 4 admwwbdgW and d?B<wettd M NM pmemm on X LENDERS IM'fEOB" BANK e A Xti? u w8wwNm F#Vd --''•"' DISCLk- ;URE FOR CONFESSION OF vJDGMENT Borrower: saw zaa w Lmdw: Irmeww Bank NN S t 0= 1 MOKEHOUSE LAW 3 I k sum HAR NSSURO, PA 17110 Cal* REIN, PA 17011 (71710204000 Deoleralt: Sbw batim 1500 SMOKSHOUS! WK HARRISSURG, PA 17110 DISCLOSURE FOR CONFESSION OF JUDGMENT !,'AM DOMlUTNG, THIS DAY OF 20 , A PROMISSORY NOTE FOR +20,M.00 OBLIGATI AAE TO REPAY THAT AMOUNT. A. 1 UNDOWAND THAT THE NOTE CONTAINS A CONFUSION OF JUDGMENT PROVISION THAT WOULD PERMIT LENDER TO INS JUDOMII T AGAINST ME IN COURT, AFTER A DQAULT ON THE NOTE. WITHOUT ADVANCE NOTICE TO WE AND WITHOUT OFRRNG AN OPPORTUNITY TO DEMO AGAINST THE SIM OF JUDGMENT. IN HDMCUTNG THE NOTE, BEING FULLY AWARE OF MY RIGHTS ADVANCE PWTICS AND TO A HEARING TO CONTEST THE VALIDITY OF ANY "O IIINT OR OTHER. CLAIMS THAT LENDER MAY A651 AGAINST ME UNDER THE NOTE, I AM KNOWINGLY, INTIMUOENTLY, AND VOLUNTARILY WANING THININ RIGHTS, INCLUDING ANY RK TO ADVANCE NOTICE OF THE ENTRY OF JUDGMENT, AND I HOGMIESSI.Y AGRIM AND OONSSNT TO LENDER'S IEII NO JUDOW AGAINST HIE BY OOINFMION AS PROVIDED FOR IN THE COLON OF JUDGMENT PROVISION. B. 1 PURTH UNDWISTAND THAT IN ADDITION TO ONMIG LOW THE RIGHT TO MM JUDGMENT AGAINST ME WITHOUT AOVAR NOTI01 OR A HIAMO, TIN CONFESSION OF JUDGMENT PR MO N IN THE NOTE ALSO CONTAINS LANGUAGE THAT WOULD PIN LBWER. APIEI IIN'TRY OP JUDOMW, AQAN WITHOUT OTH1IBi ADVANCE NOTICE OR A HEARER, TO EXIOUTE ON THII JUDGMENT •PORBOU)S W UPON, ATTACHING, LEVYING ON, TAKING POSSESSION OF OR OTHINNI B SEIZING MY PROPERTY. IN PULL OR PART PAYMENT OF THE JUDGMENT. IN DQWUTEG THI NOTE, BEING FULLY AWARE OF MY RIGHTS TO ADVANCE NOTICE AND A HEM AFTER JUDGMENT IS Bff? AND BEFORE EXH30UTION ON THE JUDOMENT, 1 AM KNOWINGLY. MMUOEIITI.Y AND VOLUNTAR WANING TNESE RIGHTS, AND 1 WRINISLY AGREE AND CONSENT TO U NDON S MMNM ATELY 1XIBOUTING ON THE JUDGMENT IN A NANNSR 1011EBITTED BY APPLICABLE STATE AND FEDERAL LAW, WITHOUT GIVING ME ANY ADVANCE NOTICE. 0. AFTER HAVING READ AND DITEAMMINED WHICH OF THE FOLLOMNNO STATEMENTS ARE APPUCASUE, BY INITIALING EA STATEMENT THAT APPLIES. I REPRESENT THAT: INITIALS . 1.:1. WAS REFIIISEITED BY MY OWN NDwwmw LEGAL COUNsa E CONNBOTIOR WITH THE am. L A 81101 ESaN1TATM OF UNDER SPSCIFICALLY CAUED THE OCUMSION OF JUDGMENT PROVISION IN THE NOTE TO ATTONTION. D. 1 CERTIFY THAT MY ANNUAL INCOME EXCEEDS 110,0001 THAT THE BLANKS N THIS DISCLOSURE WERE FEUD IN WHEWt AND SIGNED RTI AND THAT 1 RECEIVED A COPY AT THE TIME OF SIGHING. THIS DISCLOSURE S ONE N. UNDIM SML AND IT IS INTENDED THAT THIS DISCLOSURE E AND SHALL CONSTITUTE AND HAVE EFFECT OP A SEALED NSTROMIINT ACCORDING TO LAW. DICLARANTt ;?A x S%mm4 anknowltodp d and dWkwW In do prv v os oft x a DISCLO ORE FOR CONFESSION OF J FOMENT DISCLOSURE FOR CONFESSION OF JUDGMENT I AM IDMOUTNIO. THIS DAY 00 . 21k_. A PROMISSORY NOTE FOR 120.000.00 ME TO REPAY THAT AMOUNT. A. 1 UN06RNTAND THAT THE NOTE CONTAINS A CONFINNI N OF JUDGMENT PROVISION THAT WOULD PERMIT LENDER TO WI' JUDWINT AOANNT ME Nil COURT, AFTER A WAULT ON THE NOTE, WITHOUT ADVANCE NOTION TO ME AND WITHOUT OPFORWO AN OPPORTUNITY TO DIN ND AGAINST THE ENTRY OF JUDGMENT. N EXECUTING THE NOTE, BEND PJLLY AWARE OF MY RIGHTS ADVANCE NOTICE AND TO A IEWING TO CONTEST THE VALIDITY OF ANY JUDGMENT ON OTHER CLAMS THAT LINIDER MAY ASSI AGAINST ME UNDER THE NOTE, I AM KNOWN ILY, INTIB.NSWITLY, AND VOLUNTARILY WAIVING THESE RKWM INCLUDING ANY Hit TO ADVANCE NOTICE OF THE ENTRY OF JUDONW, AND I EXPRESSLY AGREE AND CONSl111T TO LENDER'S WTERNG .UDGNI AGAINST MR NY CONFESSION AS PROVIDED MR N THE CONFESSION OF JUDGMENT PROVISION. B. I PURTIMIR UPMISTAMD THAT N ADDITION TO GIVING LOWER THE RIM TO ENTER JUDGMP.NT AGAINST ME WITHOUT ADVAP NOTIOE OR A HEARING, THE OONPIMEION OP JUDGMENT PROVISION IN THE MUM ALSO OONTAINS LANGUAGE THAT WOULD PO RI LENDER, AFTNN NNW OF JUDWONT, AGAIN WITHOUT EITHER ADVANCE NOTION OR A HEARING, TO NIRIXTYE ON THE JUDGMENT FORSQ OSING UPON, ATTACHING, LEVYING ON, TAKNG POSSESSION OP OR OTHIBIWSE SEIZING MY PROPERTY. IN FULL OR PART PAYMMMIT OF THE JUDGMENT. N NXKM LING THE NOTE. RISING FULLY AWARE OF MY RIGHTS TO ADVANCE NOTICE AND A HSARI AFTER JUDGMENT IS BNTERBD AND SNPORE EXECUTION ON THE JUDGMENT, I AN KNOWINGLY, INTILLNIONTLY AND VOUMITAR WANNG THESE RIGHTS, AND 1 EXPRESSLY AGREE AND OONi1NT TO LBOM S IMMSNNATR.Y IDMITNG ON THIN JUDGMENT N A MANNER PERMITTED BY APPLICABLE STATE AND FEDERAL LAW, WITHOUT GIVING ME ANY ADVANCE NOTICE. C. AFTER HAVING READ AND DETBRNENED WHICH OF THE FOLLOWING STATEMENTS ARE APPLICABLE, BY INMAU NG EA STATOM ENT THAT APPLIES, I REPRESENT TWIT: INITIALS 1. 1 WAS FAMBSENTNO BY MY OWN INOWDIDENT LEOAI. COUNSIL IN CONNECTION WITH THE NOTE. 2, A RNPREB6NTATNE OF LENDER W001FICALJ.Y CALLED THE CONFESSION OF JUDGMENT PROVISION IN THE NOTE TO ATTENTION. 0. 1 CERTIFY THAT MY ANNUAL NOME EXCEEDS 110.000: THAT THE BLANKS IN THIS DISCLOSURE WERE FILLED IN v4m 1 AND SIGNID Ri AND THAT I RECEIVED A COPY AT THE TIME OF SIGNING. TM DISCLOSURE IS OIVNN UNDER SEAL AND IT S INTENDED TART THIS DISCLOSURE S AND SHALL CONSTITUTE AND HAVE EFFECT OF A SMLNB! MNSTPRNM M ACCORDING TO LAW. Y. i ' I t) , EXHIBI': T June 1, 2012 stem L. Zucker Sogja C. Zucker 1500 Smokehouse Lane Harrisburg, Pa 17110 RE: Business Loan # Dear Mr. and Mrs. Zucker: The purpose of this letter is to advise you that you are c unudy in demmk on the mortgage and corresponding note dated 05/13/11. Please be advised that this letter your notice that you am in deft h and that Integrity Bank is demanding payment in DA of all principal, interest and late payments of your loan As of the date of this latter, the principal amount of $14,738.49 for loan number is past due and in defiant. As you know, under the W= of the Mortgages and Notes, you are additionally liable for interest, late foes, costs and attorneys' fees incurred due to this deilarlt. Please be fiuther advised that Integrity Bank reserm the right to puma 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 wben payment will be made, so that legal action can be avoided. Odowise, we will refer this matter to our legal omm sel. Please end that this issue requires you immediate attention Thank you for your anticipated cooperation. sincerely, Gary Klick Vice President INTEGRITY BANK, IN THE COURT OF COMMON PLEAS DAUPHIN COUNTY, PENNSYLVANIA No. 3DIa-U-q707- Plaintiff V. STEVEN L. ZUCKER and SONJA C. ZUCKER, Defendants CIVIL ACTION -LAW AFFIDAVIT OF NON-MILITARY SERVICE AND LAST-KNOWN ADDRESSES OF STEVEN L. ZUCKER and SONJA C. ZUCKER COMMONWEALTH OF PENNSYLVANIA . SS. DAUPHIN COUNTY The undersigned, being duly sworn according to law, deposes and says that to the best my information and belief, Defendants Steven L. Zucker and Sonja C. Zucker are not in 1 Military or Naval Service of the United States or its Allies, or otherwise within the provisions the Service Members Civil Relief Act, f/k/a the Soldier's and Sailor's Civil Relief Act of 19, 50 U.S.C. App. 501, et seq. The Defendants are over eighteen (18) years of age and were 1. known residing at 1500 Smokehouse Lane, Harrisburg, Pennsylvania, 17110. Nednc L. Nissly SWO d subscribed t before me this zy e, 201 ub Ili of My Commission Expires =dsslon (SEAL) bpm ; r.a ro x` a -9 0 M ^^? O INTEGRITY BANK, Plaintiff V. STEVEN L. ZUCKER and SONJA C. ZUCKER, Defendants IN THE COURT OF COMMON PLEAS DAUPHIN COUNTY, PENNSYLVANIA No. O ?. L4 707- CIVIL ACTION -LAW CERTIFICATE OF RESIDENCE I, Nedric L. Nissly, hereby certify the following addresses for the Defendants as follows: Steven L. Zucker and Sonja C. Zucker 1500 Smokehouse Lane Harrisburg, PA 17110 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@mwn.com Attorneys for Plaintiff Integrity Bank G n _4 PG .. C _J ' °p m =-nn ?mz -C INTEGRITY BANK, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA I V. No. / 7 STEVEN L. ZUCKER and® SONJA C. ZUCKER, ;.; i,? ?-- t Defendants CIVIL ACTION - LAW PRAFCIPE FOR A WRIT OF EXECUTION w : UPON A CONFESSED JUDGMENT To the Prothonotary: 5; _.C Issue a writ of execution upon a judgment entered by confession in the above matter, (1) directed to the Sheriff of Cumberland County, Pennsylvania; (2) against Steven L. Zucker and Sonja C. Zucker, 1500 Smokehouse Lane, Harrisb g, Pennsylvania 17110, Defendants; and (3) against the following garnishee: (a) Merrill Lynch, 214 Senate Ave, Suite 501, Camp Hill, PA 170 1, Garnishee. and serve the accompanying Interrogatories to Garnishee upon each Garnishee at addresses stated above; (4) and index this writ (a) against Steven L. Zucker and Sonja C. Zucker, Defendants; and (b) against: Merrill Lynch, as Garnishee, (5) Principal: $15,267.63 Accrued Interest: 327.17 Satisfaction Fee: 104.00 Late Fees: 308.40 Attorney's Commission (10%): 1,600.72 Total: $17,607.92* *along with interest from and following June 5, 2012 at the per diem rate of $2.88 until paid in full (the "Indebtedness"). w 06 ? ?( 'W7 r d u e Cam. S? Y'. F0 P e a? o d 6 McNEES WALLACE & NURICK LLC Date: July 23, 2012 By ric L. Ni sly PA Attorney 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) nnisslyga,mwn.com Attorneys for Plaintiff Integrity Bank WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 2012-4588 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due INTEGRITY BANK Plaintiff (s) From STEVEN L. ZUCKER AND SONJA C. ZUCKER, 1500 SMOKEHOUSE LANE, HARRISBURG, PA 17110 (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: MERRILL LYNCH, 214 SENATE AVE., SUITE 501, CAMP HILL, PA 17011 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$17,607.92 L.L. $.50 Interest FROM AND FOLLOWING JUNE 5, 2012 AT THE PER DIEM RATE OF $2.88 UNTIL PAID IN FULL(THE"INDEBTEDNESS") Atty's Comm % Atty Paid $116.75 Plaintiff Paid Due Prothy $2.25 Other Costs Date: July 23, 2012 (Seal) REQUESTING PARTY: David D. Buell, Prothonotary Deputy Name : Nedric L. Nissly, Esq. Address: McNees Wallace & Nurick LLC, 100 Pine Street - P.O. Box 1166, Harrisburg, PA 17108- 1166 Attorney for: Plaintiff Telephone: 717-260-1731 Supreme Court ID No. 44233 INTEGRITY BANK, Plaintiff V. STEVEN L. ZUCKER and SONJA C. ZUCKER, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENN§YLV No. 2012-04588 CIVIL ACTION -LAW PR ECIPE TO WITHDRAW WRIT OF EXECUTION C'? C as 'a??C =ea TO: THE PROTHONOTARY OF CUMBERLAND COUNTY Please withdraw the Writ of Execution entered in the above captioned case and discontinue all further action without prejudice. Date: July 25, 2012 McNEES WALLACE & NURICK LLC By edric L. Nissly PA Attorney I.D. No. 44233 McNees Wallace & Nurick LLIC 100 Pine Street - P.O. Box 1166 Harrisburg, PA 17108-1166 (717) 260-173 1 (Direct Fax) (717) 232-8000 (Phone) nnisslvaa.mwn.com Attorneys for Plaintiff' Integrity Bank CP c r- N tT w 0 rn ?m 1n SHERIFF'S OFFICE OF CUMBERLAND COUNTY my R Anderson ,eriff Jody S Smith Chief Deputy Richard W Stewart Solicitor Integrity Bank vs. Steven L Zucker (et al.) J L .3 I F.11 3: Case Number 2012-4588 SHERIFF'S RETURN OF SERVICE 07/30/2012 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states this writ of execution is returned STAYED, per request from plaintiff's attorney. SHERIFF COST: $71.14 July 30, 2012 SO ANSWERS, RON R ANDERSON, SHERIFF . rd C L? ty" # ?4 -) ? '/