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Home My WebLink About12-7654SALDUTTI, LLC By: ROBERT L. SALDUTTI, ESQUIRE Identification No. 63867 800 N. Kings Highway, Suite 300 Cherry Hill, NJ 08034 Telephone: (856) 779-0300 NEW CENTURY BANK DB/A CUSTOMERS BANK Plaintiff v. ZEFERINO MARTINEZ AND JANE MARTINEZ Defendant(s) Attorney for Plaintiff 200 Locust Street Unit 24E, North Philadelphia, PA 19106 COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO. /o? - ?1~5~ ~iV i l l~/'IyI PRAECIPE TO FILE AND INDEX FOREIGN JUDGMENT TO THE PROTHONOTARY: .; r. ,a ~ _~ "~7 E'TT ~-=' ' m °~ ,- = :~ ~ -.~ t = s ~- _._a -. ~ . :: ..~a t"tJ Pursuant to the Uniform Enforcement of Judgments Act, 42 PA. C.S.A. §4306 (the "Act"), kindly file and index the attached exemplified and certified copy of the Judgment, which is attached hereto and incorporated herein as Exhibit "A" entered in favor of plaintiff, New Century Bank d/b/a Customers Bank and against Defendants, Zeferino Martinez and Jane Martinez in the amount of $75,082.78 net of any credits, with interest at the rate of 8.25% per annum from August 31, 2007 to the date of judgment, plus costs and attorneys' fees, in an action captioned New Century Bank d/b/a Customers Bank v Zeferino Martinez and Jane Martinez, Philadelphia Court of Common Pleas Case No. 110502258. A certified per Rxkick copy of the Judgment from the foreign court is attached hereto as-E~I ' ". The Affidavit # 33.5o P o AYry 1~5~1 ~~ ae~5~~s I~.~~1~ required by the Act and the Certification of Addresses are attached hereto seeip « ,~ SALDUTTI, LLC ,,,.- Date: December 4, 2012 Robert L. Sa`ldutti, Esquire SALDUTTI, LLC 800 North Kings Highway, Suite 300 Cherry Hill, NJ 08034 Telephone: 856-779-0300 SALDUTTI, LLC By: ROBERT L. SALDUTTI, ESQUIRE Identification No. 63867 800 N. Kings Highway, Suite 300 Cherry Hill, NJ 08034 Telephone: (856) 779-0300 NEW CENTURY BANK DB/A CUSTOMERS BANK Plaintiff v. ZEFERINO MARTINEZ AND JANE MARTINEZ Defendant(s) Attorney for Plaintiff 200 Locust Street Unit 24E, North Philadelphia, PA 19106 COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO. CERTIFICATE OF SERVICE I, Robert L. Saldutti, hereby certify that on the 4th day of December 2012, I served the foregoing Praecipe to File and Index Foreign Judgment via United States first class mail, postage prepaid and certified mail, return receipt requested, upon the following: ZEFERINO MARTINEZ 480 Central Road Bloomsburg, PA 17815-3121 and JANE MARTINEZ 80 Stone Hill Drive Pottstown, PA 19464-5297 SALDUTTI; LLC SALDUTTI, LLC By: ROBERT L. SALDUTTI, ESQUIRE Identification No. 63867 800 N. Kings Highway, Suite 300 Cherry Hill, NJ 08034 Telephone: (856) 779-0300 Attorney for Plaintiff 200 Locust Street Unit 24E, North Philadelphia, PA 19106 NEW CENTURY BANK D/B/A CUSTOMERS BANK Plaintiff v. ZEFERINO MARTINEZ AND JANE MARTINEZ Defendant(s) NO. COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA AFFIDAVIT OF NON-MILITARY SERVICE COMMONWEALTH OF PENNSYLVANIA SS. COUNTY OF PHILADLEPHIA Robert L. Saldutti, Esquire, being duly sworn according to law, deposes and says that he is the attorney for the Plaintiff; that he is authorized to make this Affidavit on its behalf; and that: 1. the above named Defendant, Zeferino Martinez, is over 18 years of age; the address of the Defendant is 480 Central Road, Bloomsburg, PA 17815-3121, the occupation of the Defendant is Medical Doctor and Defendant is not in the Military Service of the United States, nor any State or Territory thereof or its allies as stated in the Soldiers' and Sailors' Civil Relief Act of 1940 and the Amendments thereof; 2. the above named Defendant, Jane Martinez, is over 18 years of age, the address of the Defendant is 80 Stone Hill Drive, Pottstown, PA 19464-5297, the occupation of the Defendant is unknown; and Defendant is not in the Military Service of the United States, nor any State or Territory thereof or its allies in the Soldier' and Sailors' Civil Relief Act of 1940 and the Amendments thereto; These statements are made subject to the penalties of 18 Pa:C.S.A. § 4904 relating to unsworn falsification to authorities. Robert L. Sal tti Esquir Dated: December 4, 2012 Sworn to and su cribed bef me 's d y P 7 0 •, N k'~*eErty..;Trth^~,-±~_r.,' ~Ci.s++Gi~1~ PAGE 1 REPORT ZDRDOCT First Judicial District RUN DATE 12/10/12 , USER ].D: CXT CIVIL DOCKET REPORT RUN TIME 02:36 PM CASE ID 110502258 ------------------ ---------- ----------------------------- CASE NUMBER CASE CAPTION 110502258 NEW CENTURY BANK D/B/A CUSTOMERS BANK VS MARTINEZ FILING DATE COURT LOCATION JURY 19-MAY-2011 JD CH N CASE TYPE: CONFESSION OF JUDGMENT STATUS: ACTIVE CASE Sea # Assoc Expn Date Type ID Party Name / Address & Phone No. 1 APLF A63867 SALDUTTI, ROBERT L 800 N KINGS HIGHWAY STE 300 CHERRY HILL NJ 08034 (856)779-0300 (856)779-0355 - FAX 2 L PLF @6963904 NEW CENTURY BANK D/B/A CUSTOMERS B 99 BRIDGE STREET PHOENIXVILLE PA 19475 3 `-' DFT @6963905 MARTINEZ, ZEFERINO 480 CENTRAL ROAD BLOOMSBURG PA 17815-3121 4 DFT @6963906 MARTINEZ, JANE 80 STONE HILL DRIVE POTTSTOWN PA 19464-5297 5 ADFT A209045 KULA, MICHAEL J APFELBAUM APFELBAUM APFELBAUM 43 S FIFTH STREET SL7NBURY PA 17801 (570)286-9421 6 JUDG J405 FOX, IDEE C 656 City Hall rHILADELPHIA PA 19107 (215)686-4222 7 06-DEC-11 DGR ®7075431 BANK OF AMERICA 1501 LOCUST STREET PHILADELPHIA PA 19102 Filing Date / Time Docket Entry 19-MAY-]_1 12:46:08 ACTIVE CASE E-Filing Number: 1105032989 Date Entered 19-MAY-11 REPORT' ZDRDOCT PAGE 2 First Judicial District RUN DATE 12/10/12 USER ID: CXT CIVIL DOCKET REPORT RUN TIME 02:36 PM CASE ID 110502258 Filinq Date / Time Docket Entry Date Entered 19-MAY-11 12:46:08 COMMENCEMENT BY JUDGMENT 19-MAY-11 SALDUTTI, ROBERT L 19-MAY-11 12:46:08 CONFESSION OF JUDGMENT FILED 75,082.78 19-MAY-11 COMPLAINT IN CONFESSION OF JUDGMENT UNDER pALRUCTP. ROBERT L 2951 FOR MONEY FILED JUDGMENT ENTERED BY CONFESSION FOR THE SUM OF $75,082.78. ASSESSMENT OF DAMAGES $75,082.78 AVERMENT OF DEFAULT FILED. AFFIDAVIT OF INCOME/BUSINESS TRANSACTION FILED. AFFIDAVIT OF NON-MILITARY SERVICE FILED. THIS IS NOT A RETAIL INSTALLMENT SALES AGREEMENT OF ACCOUNT NOTICE UNDER PA.R.C.P 236 GIVEN. JUDGMENT' IS NOT BEING ENTERED BY CONFESSION AGAINST A NATURAL PERSON IN CONNECTION WITH A CONSUMER CREDIT TRANSACTION. 15-JUN-11 14:53:54 ENTRY OF APPEARANCE FILED 15-JUN-11 ENTRY OF APPEARANCE OF MICHAEL J KULA FILED. KUFILEDION EL J BEHALF OF ZEFERINO MARTINEZ) 16-JUN-11 16:23::13 MOT-OPEN/STRKE CONFESSED JDGMT 16-JUN-11 36-11062136 RESPONSE DATE 07/06/2011. (FILEDKON BEHALFAEL J OF ZEFERINO MARTINEZ) 06-JUL-11 16:51:'1.9 ANSWER (MOTION/PETITION) FILED 07-JUL-11 36-11062136 ANSWER IN OPPOSITION OF MOT-OPEN/STRKE ROBERT L CONFESSED JDGMT FILED. (FILED ON BEHALF OF NEW CENTURY BANK D/B/A CUSTOMERS BANK) 12-JUL-11 09:38:04 MOTION ASSIGNED 36-11062136 MOT-OPEN/STRKE CONFESSED JDGMT ASSIGNEDITOJUL-11 JUDGE: FOX, IDEE C. ON DATE: JULY .L2, 2011 21-JUL-1.1 11:12:35 ORDER ENTERED/236 NOTICE GIVEN 21-JUL-11 36-11062136 AND NOW, THIS 21ST DAY OF JULY, 2011 UPON IDEE C CONSIDERATION OF DEFENDANT'S PETITION TO STRIKE/OPEN CONFESSED JUDGMENT AND THE RESPONSE THERETO, THE COURT HEREBY DEFERS ADJUDICATION AS FOLLOWS: 1. THE PARTIES ARE GRANTED LEAVE UNTIL SEPTEMBER 16, 2011 TO TAKE DISCOVERY AND TESTIMONY BY DEPOSITION ON THE ISSUE OF THE NATURE OF THE LOAN AND WHETHER IT IS COMMERCIAL OR CONSUMER. 2. THE PARTIES SHALL SUBMIT TO THE COURT THE NOTES OF TESTIMONY, EXHIBITS AND ADDITIONAL MEMORANDUM NO LATER THAN SEPTEMBER 30, 2011. 3, ORAL ARGUMENT IN THIS MATTER IS SCHEDULED FOR OCTOBER 11, 2011 AT 1:30 P.M. IN COURT ROOM 426, CITY HALL.. BY THE COURT: IDEE C. FOX, J. 7/21/2011 REPORT' ZDRDOCT PAGE 3 First Judicial District RUN DATE 12/10/12 rUSER ID: CXT CIVIL DOCKET REPORT Ri.TN TIME 02:36 PM CASE ID 110502258 Filing Date / Time Docket Entry Date Entered 21-JUL-11 11:12:36 NOTICE GIVEN UNDER RULE 236 NOTICE GIVEN ON 21-JUL-2011 OF ORDER ENTERED/236 NOTICEUL-11 GIVEN ENTERED ON 21-JUL-2011. 21-JUL-11 11:13:36 MOTION HEARING SCHEDULEL) #11062135 21-JUL-11 23-JUL--11 00:31:32 NOTICE GIVEN 23-JUL-11 19-SEP-11 16:12:01 MOT TO COMPEL DEPOSITION 20-SEP-11 83-11092183 RESPONSE DATE 10/11/2011. (FILEDDONTBEHAOBERT L OF NEW CENTURY BANK D/B/A CUSTOMERS BANK) 07-OCT-11 11:27::36 MOTION/PETITION WITHDRAWN 07-OCT-11 36-11062136 PRAECIPE TO WITHDRAW MOT-OPEN/STRKE~ MICHAEL J CONFESSED JDGMT FILED. (FILED ON BEHALF OF ZEFERINO MARTINEZ) 07-OCT-11 16:03:42 OTHER EVENT CANCELLED 07-OCT-11 FOX, IDEE C 13-OCT-:L1 16:56:]-4 MOTION ASSIGNED 83-11092183 MOT TO COMPEL DEPOSITION ASSIGNED TO JUDGEOCT-11 FOX, IDEE C. ON DATE: OCTOBER 13, 2011 18-OCT-11 11:15:56 ORDER ENTERED/236 NOTICE GIVEN 18-OCT-11 83-11092183 AND NOW, THIS 17TH DAY OF OCTOBER, 2010X, IDEE C UPON CONSIDERATION OF PLAINTIFF'S MOTION TO COMPEL DEPOSITION OF DEFENDANTS AS DIRECTED BY COURT ORDER, AND NO RESPONSE THERETO, IT IS HEREBY ORDERED THAT SAID MOTION IS GRANTED. DEFENDANT'S PETITION TO OPEN OR STRIKE OFF PLAINTIFF'S CONFESSION OF JUDGMENT IS DENIED AND DEFENDANT ZEFERINO MARTINEZ SHALL APPEAR FOR DEPOSITION IN PERSON IN PHILADELPHIA ON NOVEMBER 16, 2011 AT A LOCATION TO BE SELECTED BY THE PLAINTIFF AT 10:00AM. FURTHER, DEFENDANT ZEFERINO MARTINEZ IS TO MAKE FULL AND COMPLETE ANSWERS TO SAID INTERROGATORIES AND PROVIDE FULL AND COMPLETE DOCUMENTS IN RESPONSE THEREIN, WITHOUT OBJECTOIN OR MOTION FOR PROTECTIVE ORDER, WITHIN TWENTY (20) DAYS OF THE DATE OF THIS ORDER OR APPROPRIATE SANCTIONS SHALL BE IMPOSED UPON DEFENDNAT FOLLOWING APPLICATION TO THE COURT. BY THE COURT: IDEE C. FOX, J. 10/17/2011 18-OCT-11. 11:15:57 NOTICE GIVEN UNDER RULE 236 NOTICE GIVEN ON 18-OCT-2011 OF ORDER ENTERED/235 NOTBCOCT-11 GIVEN ENTERED ON 18-OCT-2011. PAGE 4 REPORT ZDRDOC7' First Judicial District RUN DATE 12/10/12 USER ID: CXT CIVIL DOCKET REPORT RUN TIME 02.:36 PM CASE ID 110502258 Filing Date / Time Docket Entry Date Entered 24-OCT--11 11:18:38 PRAECIPE TO ISSUE WRIT FILED 24-OCT-11 SALDUTTI, ROBERT L PRAECIPE TO ISSUE WRIT OF ATTACHMENT FILED. WRIT OF EXECUTION IN ATTACHMENT AND SUMMONS ISSUED UPON GARNISHEE(S) BANK OF AMERICA WITH INTERROGATORIES IN ATTACHMENT WITH NOTICE TO PLEAD FILED. (FILED ON BEHALF OF BANK OF AMERICA AND NEW CENTURY BANK D/B/A CUSTOMERS BANK) 16-NOV-11 13:41:42 AFFIDAVIT OF SERVICE FILED 17-NOV-11 AFFIDAVIT OF SERVICE OF INTERROGATORIES IN ATTACHMENT UPON BANK OF AMERICA BY PERSONAL SERVICE ON 11/10/2011 FILED. 21-NOV-11 13:46:13 ANSWERS-INTEROGS IN ATTACHMENT 21-NOV-11 ANSWER TO INTERROGATORIES IN ATTACHMENT DIRECTED TO GARNISHEE(S) BANK OF AMERICA FILED. 06-DEC-11 13:30:50 ATTACHMENT DISSOLVED 06-DEC-11 SALDUTTI, ROBERT L WRIT OF ATTACHMENT DISCONTINUED/DISSOLVED AGAINST GARNISHEE BANK OF AMERICA FILED. (FILED ON BEHALF OF NEW CENTURY BANK D/B/A CUSTOMERS BANK) * * * End of Docket Robert L. Saldutti, Esquire SALDUTTI, LLC 800 N. Kings Highway, Suite 300 Cherry Hill, New Jersey 08034 (856) 779-0300 Attorney for Plaintiff NEW CENTURY BANK DB/A CUSTOMERS BANK 99 Bridge Street Phoenixville, PA 19475 Plaintiff v. ZEFERINO MARTINEZ 480 Central Road Bloomsburg, PA 17815-3121 and JANE MARTINEZ 80 Stone Hill Drive Pottstown, PA 19464-5297 Defendants. 200 Locust Street Unit 24E North Philadelphia, PA Filed,and A#~e~tsd by ~~ o~~ a s ~'~' COURT OF COMMON PLE. PHILADELPHIA COUNTY, PENNSYLVANIA Case No. COMPLAINT IN SUPPORT OF CONFESSION OF JUDGMENT Plaintiff, New Century Bank d/b/a Customers Bank ("Piaintif~'), by and through its undersigned counsel, hereby files this Complaint pursuant to Pa.R.C.P. No. 2951(b) for judgment by confession and avers the following: 1. Plaintiff is a Pennsylvania corporation authorized to conduct business in the Commonwealth of Pennsylvania with a principal place of business at 99 Bridge Street, Phoenixville, PA 19475. 2. Defendant, Zeferino Martinez, is an adult individual residing at 480 Central Road, Bloomsburg, PA 17815-3121. 3. Defendant, Jane Martinez is an adult individual residing at 80 Stone Hill Drive, Pottstown, PA 19465-5297. Case 1D: 110502258 4. Defendants consented to the laws and jurisdiction of the courts of the Commonwealth of Pennsylvania pursuant to paragraph entitled "Default" in the promissory note and/or agreement ("Agreement"), a true and correct copy of which is attached hereto as Exhibit «A» 5. Qn August 31, 2007, Defendants signed a Promissory Note reflecting Defendants' commitment to repay to Plaintiff any and all amounts remaining on a Sixty Thousand Dollar ($60.000.00} loan plus eight.and one-quarter (8.25%) per annum interest. 6. By signing the Promissory Note, Defendants agreed to make repayment of monies loan with the first repayment due on or before September 30, 2007. 7. Defendants failed to make repayment of monies loaned and there is currently an outstanding balance due of $59,940.82 under the Promissory Note. 8. Defendants were advised of their default of the obligations contained in the Promissory Note. However, Defendants made no further payments to Plaintiff following their default. g. Defendants have failed to make aU agreed upon payments to Plaintiff pursuant to the Agreement. 10. Defendants' failure to pay Plaintiff constitutes a material breach of the Agreement. 11. Upon default, Defendants agreed that the unpaid principal amount of the Promissory Note dated August 31, 2007, plus interest accruing at a rate of eight and one-quarter percent per annum (8.25%} from August 31, 2007, would become immediately due and payable. See Exhibit "A". Case ID: 110502258 12. The Agreement on its face authorizes Plaintiff to confess judgment against Defendants for -Fifty-nine Thousand Nine Hundred Forty Dollars and Eight-two Cents ($59,940.82) plus attorney's fees, costs and interest accxuing at a rate of four percent (4.0%) per annum from August 31, 2007 until the date of judgment rendered by the court, court costs, expenses and attorneys' fees, less any amounts paid by Defendants under the Agreement. See Exhibit "A". 13. Defendants have defaulted on the Agreement pursuant to default provisions contained therein by failing to make payments when due. 14. Defendants haves not made any payments under the Agreement, and, therefore, Defendants are unequivocally in default. 15. The collective sum due pursuant to the Agreement is $59,940.82, plus interest at 4% per annum from August 31, 2007 to the date of judgment. This sum is broken down as follows: (a) Damages for default $59,940.82 (b) Attorneys' fees $14,985.20 (c) Filing fees $156.76 (d} Interest at 8.25% per annum from August 31, 2007 to date of judgment as provided in Agreement. TBD TOTAL: $75,082.'18 16. Judgment has not been successfully entered in any jurisdiction on the instrument attached hereto as Exhibit "A". 17. The instrument attached hereto as Exhibit A has not been assigned. Case ID: 110502258 18. The judgment by confession sought by Plaintiff is not in connection with a consumer credit transaction but rather a commercial business loan. 19. Defendants' failure to pay the amounts due to Plaintiff under the Agreement provides Plaintiff with the authority to file this Complaint. WHEREFORE, Plaintiff, New Century Bank d/b/a Customers Bank, respectfully requests that this Honorable Court enter judgment by confession against Defendants, Zeferino Martinez and Jane IYIa*tinez , for znonetar,~ damages as authorized by the attacl^.ed instrument in the sum of $75,082.78, plus interest at 8.25% per annum from August 31, 2007 to the date of judgment. Respectfully ROBERT~ALDUTTI, ESQUIRE Attorney laintiff, Dated:. May 19, 2011 GER'{1Fi~ FHf~111~~J~~V ~~.r Tt;OPdOTRRY OF PN!lf~D~iPt(iA COUMY 6 Case ID: 110502258 SALDUTTI, LLC By: ROBERT L. SALDUTTI, ESQUIRE Identification No. 63867 800 N. Kings Highway, Suite 300 Cherry Hill, NJ 08034 Telephone: (856) 779-0300 NEW CENTURY BANK DB/A CUSTOMERS BANK. Plaintiff v. ZEFERINO MARTINEZ AND JANE MARTINEZ Defendant(s) Attorney for Plaintiff 200 Locust Street Unit 24E, North Philadelphia, PA 19106 COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO. AFFIDAVIT COMMONWEALTH OF PENNSYLVANIA SS. COUNTY OF PHILADELPHIA Robert L. Saldutti, Esquire, being duly sworn according to law, deposes and says as follows: 1. I am attorney for Plaintiff, New Century Bank d/b/a Customers Bank and, as such, have the authority to make this Affidavit pursuant to the Uniform Enforcement of Foreign Judgments Act, 42 Pa.C.S.A. §4306(c). 2. The judgment creditor is New Century Bank d/b/a Customers Bank. 3. The judgment debtors ("Defendants") are: Zeferino Martinez and Jane Martinez. 4. The Defendant, Zeferino Martinez's last known address is 480 Central Road, Bloomsburg, PA 17815-3121. The Defendant, Jane Martinez's last known address is $0 Stone Hill Drive, Pottstown, PA 19464-5297. 6. The Foreign Judgment being transferred to this Court invalid, enforceable and unsatisfied. Robert L. Dated: December 4, 2012 Sworn to and subscribed MARG~ ~,btiS~~EI~E N(7TNiY ~~IyJ~$?Y Coi~;~ZS1~013 SALDUTTI, LLC By: ROBERT L. SALDUTTI, ESQUIRE Identification No. 63867 800 N. Kings Highway, Suite 300 Cherry Hill, NJ 08034 Telephone: (856) 779-0300 Attorney for Plaintiff 200 Locust Street Unit 24E, North Philadelphia, PA 19106 NEW CENTURY BANK DB/A CUSTOMERS BANK Plaintiff v. ZEFERINO MARTINEZ AND JANE MARTINEZ Defendant(s) COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO. /a - ~IV t ~ ~~~ NOTICE OF ENTRY OF FOREIGN JUDGMENT TO: ZEFERINO MARTINEZ JANE MARTINEZ Pursuant to 42 Pa.C.S.A. §4306 and Pennsylvania Rule of Civil Procedure 236, notice is hereby given that on 7pC o70 20 f~, a Foreign Judgment in the above- captioned matter has been entered against you in the amount of $75,082.78 plus additional interest, costs and attorney's fees. The above-mentioned Foreign Judgment is valid, enforceable and unsatisfied. If you have any questions regarding this notice, please contact Robert L. Saldutti, Esquire, Saldutti, LLC, 800 N. Kings Highway, Suite 300, Cherry Hill, 08 4. Dated: December 4, 2012 ro notary NOTE FOR DOCKET The above notice was mailed by first class mail to the judgment debtor on v2 D ~ w Prothonotary