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HomeMy WebLinkAbout13-2630 P I vat i�'ral i i —� Isr r� ' C-) i PROMISSORY NOTE =C Payment Terms 1. For value received, Morris J. Solomon, of Camp Hill, PA, "Maker," promises to pay to the order of The Jewish Home of Greater Harrisburg, Inc., of 4000 Linglestown Road, Harrisburg, PA, "Payee," at 4000 Linglestown Road, Harrisburg, PA, the principal sum of $48,941.73, together with interest at the rate of 3% per year until payment in full is made by Maker. Principal and interest shall be payable upon the sale and settlement of 524 Colony Road, Camp Hill, PA, or six months from the date of this Note, whichever is sooner (the "Due Date ") , at which time the remaining unpaid principal or principal and interest shall be due in full. All payments on this Note shall be applied first in payment of accrued interest and any remainder in payment of principal. If the balance of this Note is not paid in full by the Due Date, any unpaid amount at that time shall accrue interest at the rate of 10%.per year. Collection Costs 2. Maker agrees to pay all actual expenditures incurred by Payee in any attempt to collect any amount due under this Note, including all costs of legal action and reasonable attorneys' fees. Extensions and Waivers 3. No extension of time for payment granted by Payee of all or any part of the amount owing on this Note at any time shall affect the liability of the Makers, or of any surety, accommodation party, guarantor, or indorser of this Note. Acceptance by Payee of any installment after any default shall not operate to extend the time of payment of any amount then remaining unpaid or constitute a waiver of any of the other rights of Payee under this Note. No delay by Payee in exercising any power or right shall operate as a waiver of any power or right. No single or partial exercise of any power or right shall preclude other or further exercise of the power or right, or the exercise of the power or right, or the exercise of any other power or right. The waiver of any default or grounds for acceleration by Payee shall not operate as a waiver of any subsequent default or grounds for acceleration, or of any power Page 1 of 3 $31.So pa WrtL Mier #o29D�f�lo mh+ ee ` wai le-d J or right that Payee may have under the terms of this Note. Modifications 4. No waiver or modification of the terms of this Note shall be valid unless in writing, signed by Maker and Payee. Any modification shall be valid only to the extent set forth in writing. The terms of the attached judgment note is modified by this Promissory Note. Governing Law 5. This Note shall be construed under the laws of the Commonwealth of Pennsylvania, including the Uniform Commercial Code, as enacted and in force in the Commonwealth of Pennsylvania. Warrant of Attorney 6. The Maker of this Note authorizes any attorney at law to appear before the prothonotary of any court of record of the Commonwealth of Pennsylvania or in any state in the United States at any time after this Note becomes due, whether by acceleration or otherwise, and to waive the issuing and service of process and confess a judgment in favor of the legal holder against any Maker and indorser, for the amount of principal and interest then appearing due on this Note, together with costs of suit, and to release all errors and waive all right of appeal. WARNING - BY SIGNING THIS PAPER YOU GIVE UP YOUR RIGHT TO NOTICE AND COURT TRIAL. IF YOU DO NOT PAY ON TIME, A COURT JUDGMENT MAY BE TAKEN AGAINST YOU WITHOUT YOUR PRIOR KNOWLEDGE AND THE POWERS OF A COURT CAN BE USED TO COLLECT FROM YOU REGARDLESS OF ANY CLAIMS YOU MAY HAVE AGAINST THE CREDITOR, WHETHER FOR RETURNED GOODS, FAULTY GOODS, FAILURE TO COMPLY WITH THE AGREEMENT, OR ANY OTHER CAUSE. 7. The Maker authorizes the Prothonotary to enter judgment at any.time.under this Note for all amounts claimed by Payee. 8. Maker has been advised of his right to seek review of this Note by an attorney. Maker has declined to seek the advice of an Page 2 of 3 attorney. Maker is an attorney. 9. This agreement shall be binding on the heirs, successors, personal representatives and assigns of the parties hereto. Witness: MAKER Ile Morris J.olomon Witness: PAYEE The *wish Home of reater Harrisburg, Inc. By Maryanne Brawley Dated: April 24, 2013 Page 3 of 3 OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS Cumberland County, PA No. TO: Morris J. Solomon Jewish Home of Greater Harrisburg 4000 Linglestown Road Harrisburg, PA 17112 NOTICE Pursuant to Pa.R.Civ.P. 236 of the Supreme Court of Pennsylvania, you are hereby notified that a judgment has been entered against you in the above proceeding as indicated below. Judgment by Default, _x Money Judgment: $48,941.73 Judgment on Award of Arbitrators: $ Judgment on Verdict: $ Money Judgment Transferred from Other Jurisdiction: $ IF YOU HAVE ANY QUESTIONS CONCERNING THIS NOTICE, PLEASE CALL: ATTORNEY: William L. Adler, Esquire 4949 Devonshire Road Harrisburg, PA 17109 Phone: 717 -652 -8989 Fax: 717 - 307 -3343 Supreme Court 1D: 39844 bal@billadlerlaw.com PROTHONO RY :; L t , W-113 OCT 28 PH i William L.Adler,Esquire w 4949 Devonshire Road .� o C B E R L AND COUNTY Harrisburg,PA 17109 PENNSYLVANIA Phone: 717-652-8989 Fax: 717-307-3343 Email:bal @billadlerlaw.com The Jewish Home of Greater Harrisburg,Inc. Plaintiffs IN THE COURT OF COMMON PLEAS Cumberland COUNTY, PENNSYLVANIA V. CIVIL ACTION- LAW Morris J. Solomon, Defendant : NO. 13-2630 Civil Term PRAECIPE FOR WRIT OF EXECUTION TO THE PROTHONOTARY: Issue writ of execution in the above matter,directed to the sheriff of Cumberland County: (1)against Morris J. Solomon, defendant (2)against Metro Bank,garnishee REAL DEBT $48,941.73 INTEREST $723.60 From April 24,2013 COST PAID: Prothonotary $29.00 SHERIFF $150.00 ATTORNEY $1,500.00 COSTS DUE $ OTAL $51,344.33 a y 1 c�—1 t�tl William L.Adler,Esquire Attorney for Plaintiff 4949 Devonshire Road Harrisburg,PA 17109 717-652-8989 Supreme Court ID Number 39844 BAL @CBillAdlerLaw.com October 24,2013 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 2013-2630 Civil COUNTY OF CUMBERLAND) CIVIL ACTION—LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due THE JEWISH HOME OF GREATER HARRISBURG, INC.Plaintiff(s) From MORRIS J. SOLOMON,4000 LINGLESTOWN ROAD,HARRISBURG,PA 17112 (1) You are directed to levy upon the property of the defendant(s)and to sell You are also directed to attach the property of the defendant(s)not levied upon in the possession of GARNISHEE(S)as follows: METRO BANK 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, (2) 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$48,941.73 Plaintiff Paid$ Interest FROM APRIL 24,2013-$723.60 Attorney's Comm. % Law Library$.50 Attorney Paid$60.50 Due Prothonotary$2.25 Other Costs$ 1,500.00 �.Date: 10/28/2013 David D. Buell, Prothonotary Deputy REQUESTING PARTY: Name : WILLIAM L.ADLER,ESQUIRE Address: 4949 DEVONSHIRE ROAD HARRISBURG,PA 17109 Attorney for: PLAINTIFF Telephone: 717-652-8989 Supreme Court ID No.39844 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny RAnderson "L Sheriff THF PRO MONO �f r Jody S Smith 20;13 NOY _8 AM $: 4 7 Chief Deputyp Richard W Stewart CUMBERLAND COUNTY Solicitor ��Et � - PENNSYLVANIA The Jewish Home of Greater Harrisburg, Inc. Case Number vs. Morris J Solomon 2013-2630 SHERIFF'S RETURN OF SERVICE 11/04/2013 12:55 PM -William Cline, Deputy, who being duly sworn according to law, attached as herein commanded all goods, chattels, rights, debts, credits, and monies of the Defendant, in the hands, possession, or control of the within named garnishee, Metro Bank, 65 Ashland Avenue, Carlisle Borough, Carlisle, PA 17013, Cumberland County, by handing to Pamela Jones, Vice President, personally three copies of interrogatories together with three true and attested copies of the Writ of Execution and made the contents there of known to her. The writ of execution and notice to defendant was mailed on November 6, 2013 t Morris J. Solomon, 4000 Linglestown Road, Harrisburg, PA 17112. WILLIAM CLINE, DEPUTY SO ANSWERS, November 05, 2013 RONW R ANDERSON, SHERIFF Oou^tySuite Shenft,Te eosoft..".,,. • William L.Adler,Esquire 00 4949 Devonshire Road l3ER�A p COUN,f. Harrisburg,PA 17112 ' ENNS YLvA Nd,4 Phone: 717-652-8989 Fax: 717-307-3343 Email:BAL@BillAdlerLaw.com Supreme Court ID: 39844 Jewish Home of Greater Harrisburg, Inc. : IN THE COURT OF COMMON PLEAS Plaintiff : Cumberland COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW Morris J. Solomon, : NO. 13-2630 Civil Term Defendant • INTERROGATORIES TO GARNISHEE, Metro Bank IMPORTANT NOTICE TO GARNISHEE! A. You are required to file answers to the following interrogatories within twenty (20) days after service upon you. Failure to do so may result in judgment against you. B. The term "Defendant(s)" means the individual(s) (or entities) against whom the Writ of Execution issued. Defendant: Morris J. Solomon, 4000 Linglestown Road, Harrisburg, PA 17112 C. "You" means the main office and all branch officers of Metro Bank. D. By service of the Writ of Execution upon you, all property of the Defendant(s) subject to attachment which was then in your possession, custody or control was attached, including all property of the Defendant(s) which comes into your possession thereafter. INTERROGATORIES IN ATTACHMENT 1. At the time you were served with these Interrogatories or any subsequent time, did ' Defendant has account which receives social security direct q deposit . you owe the Defendant(s) any money, were you liable to them on any negotiable or other written instrument, or did he (they) claim that you owed him (them) any money or were liable to them for any reason? 2. At the time you were served with these Interrogatories or at any subsequent time, was there in your possession, custody or control or in the joint possession, custody or control of yourself and one or more other persons any property of any nature owned solely or in part by the Defendant(s)? N/A 3. At the time you were served with these Interrogatories or at any subsequent time, did you hold legal title to any property of any nature owed solely or in part by the Defendant(s) or in which Defendant(s) held or claimed any interest? N/A 4. At the time you were served with these Interrogatories or at any subsequent time, did the Defendant(s) transfer or deliver any property to you or to any subsequent time, did the Defendant(s) transfer or deliver any property to you or to any person or place pursuant to your direction or consent and, if so, what was the consideration therefor? N/A 5. At any time after you were served with these Interrogatories, did you pay, transfer or deliver any money or property to the Defendant(s), to any person or place pursuant to Defendant(s)' direction, or otherwise discharge any claim of the Defendant(s) against you? N/A 6. At the time you were served with these Interrogatories or at any subsequent time, did you have any safe deposit boxes, pledges, documents of title, securities, notes, coupons, receivables, collateral, checking, savings, tax, or other accounts or deposits in which Defendant(s) has (have) an interest? N/A 7. At the time you were served with these Interrogatories or at any subsequent time, did you hold as fiduciary any property in which the Defendant(s) has (have) any interest? N/A 8. At the time you were served with these Interrogatories or at any subsequent time, did you hold any Treasury Bill, repurchase Agreement or any other type of investment or commercial paper in which the Defendant(s) has (have) any interest? N/A 9. At the time you were served with these Interrogatories or at any subsequent time, did you have property of the Defendant(s) or property in which he (they) has (have) any interest on deposit or otherwise in your possession, custody or control other than that property indicated in your answers to the previous Interrogatories? N/A 10. Have you ever owed money to Defendant(s) or held any property belonging to Defendant(s)? If so, state when you either satisfied the debt or disposed of the N/A property and in what manner, for what consideration, and to whom? tvKL / William L. Adler, Esquire 4949 Devonshire Road Harrisburg, PA 17109 Phone: 717-652-8989 Fax: 717-307-3343 Supreme Court ID: 39844 bal@billadlerlaw.com October 24, 2013 VERIFICATION The undersigned does hereby verify subject to the penalties of 18 PA. C.S. § 4904 relating to unsworn falsifications to authorities, that he/she is Jennifer Hilbish (Name) Levy Specialist of Metro Bank, garnishee herein, (Title) (Company) that he/she duly authorized to make this verification, and that the facts set forth in the foregoing Answers to Interrogatories are true and correct to the best of his/her knowledge, information and belief. j1/ 40, (SIGH/ TURF) Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor SHERIFF'S OFFICE OF CUMBERLAND COUNTY 11 -IF PRO H3 O'i;'° r '. 26I1i JUN 16 Pik 2 3w CUMBERLAND COUNTY PENNSYLVANIA The Jewish Home of Greater Harrisburg, Inc. vs. Morris J Solomon Case Number 2013-2630 SHERIFF'S RETURN OF SERVICE 11/04/2013 12:55 PM - William Cline, Deputy, who being duly sworn according to law, attached as herein commanded all goods, chattels, rights, debts, credits, and monies of the Defendant, in the hands, possession, or control of the within named garnishee, Metro Bank, 65 Ashland Avenue, Carlisle Borough, Carlisle, PA 17013, Cumberland County, by handing to Pamela Jones, Vice President, personally three copies of interrogatories together with three true and attested copies of the Writ of Execution and made the contents there of known to her. The writ of execution and notice to defendant was mailed on November 6, 2013 to Morris J. Solomon, 4000 Linglestown Road, Harrisburg, PA 17112. 06/13/2014 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states this writ of execution is returned as ABANDONED. No action on writ in over 6 months. SHERIFF COST: $90.19 SO ANSWERS, June 13, 2014 (C) CaurnySuite Sherif, Teleoseft, Inc. RSON, SHERIFF ONR-R (NDER -JD u pd-