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HomeMy WebLinkAbout05-6053LAMM, RUBENSTONE, TOTARO & DAVID, LLC By: Sherry D. Lowe, Esquire Jennifer M. Davies, Esquire Attorney I.D. Nos. 66096 & 80988 3600 Horizon Boulevard, Suite 200 Trevose, PA 19053 (215) 638-9330/(215) 638-2867 - Facsimile Attorneys for Plaintiff SOVEREIGN BANK COURT OF COMMON PLEAS 619 Alexander Road CUMBERLAND COUNTY, PENNSYLVANIA Princeton, NJ 08540 Plaintiff, NO. P- = ( C v. STANLEY M. DEIMLER, JR d/b/a LEMOYNE AUTO SERVICE 308 Wertz Avenue Mechanicsburg, PA 17055 Defendant. NOTICE Pursuant to Rule 236 of the Supreme Court of Pennsylvania, you are hereby notified that a JUDGMENT BY CONFESSION has been entered against you in the above proceeding and that enclosed herewith is a copy of all the (record) documents filed in support of said Judgment. IF YOU HAVE ANY QUESTIONS CONCERNING THIS NOTICE, PLEASE CALL: SHERRY D. LOWE, ESQUIRE or JENNIFER M. DAVIES, ESQUIRE, at this telephone number: (215)638-9330. Pr onotary 324391-1 LAMM, RUBENSTONE, TOTARO & DAVID, LLC By: Sherry D. Lowe, Esquire Jennifer M. Davies, Esquire Attorney I.D. Nos. 66096 & 80988 3600 Horizon Boulevard, Suite 200 Trevose, PA 19053 (215) 638-9330/(215) 638-2867 - Facsimile Attorneys for Plaint SOVEREIGN BANK COURT OF COMMON PLEAS 619 Alexander Road CUMBERLAND COUNTY, PENNSYLVANIA Princeton, NJ 08540 Plaintiff, NO. V. STANLEY M. DEIMLER, JR d/b/a LEMOYNE AUTO SERVICE 308 Wertz Avenue Mechanicsburg, PA 17055 Defendant. NOTICE PURSUANT TO 42 Pa.C.S.A. &2737.1 NOTICE IS HEREBY GIVEN THAT JUDGMENT IN THE ABOVE-CAPTIONED MATTER HAS BEEN ENTERED AGAINST YOU. THE FOLLOWING IS THE PROCEDURE YOU MUST FOLLOW IN ORDER TO STRIKE THE JUDGMENT AND/OR SEEK TO HAVE THE JUDGMENT OPENED. PLEASE BE FURTHER ADVISED THAT YOU ARE ENTITLED TO COSTS AND REASONABLE ATTORNEY'S FEES AS DETERMINED BY THE COURT IF YOU HAVE BEEN INCORRECTLY IDENTIFIED. Rule 2959. Striking Off or Opening Judgment; Pleadings; Procedure (a) (1) Relief from ajudgment by confession shall be sought by petition. Except as provided in subparagraph (2), all grounds for relief whether to strike off the judgment or to open it must be asserted in a single petition. The petition may be filed in the county in which the judgment was originally entered, in any county to which the judgment has been transferred or in any other county in which the sheriff has received a writ of execution directed to the sheriff to enforce the judgment. (2) The ground that the waiver of the due process rights of notice and hearing was not voluntary, intelligent and knowing shall be raised only (i) in support of a further request for a stay of execution where the court has not stayed execution despite the timely filing of a petition for relief from the judgment and the presentation of prima facie evidence of a defense; and (ii) as provided by Rule 2958.3 or Rule 2973.3. 324391-1 (3) If written notice is served upon the petitioner pursuant to Rule 2956.1(c)(2) or Rule 2973.1(c), the petition shall be filed within thirty (30) days after such service. Unless the defendant can demonstrate that there were compelling reasons for the delay, a petition not timely filed shall be denied. (b) If the petition states prima facie grounds for relief, the court shall issue a rule to show cause and may grant a stay of proceedings. After being served with a copy of the petition, the plaintiff shall file an answer on or before the return day of the rule. The return day of the rule shall be fixed by the court by local rule or special order. (c) A party waives all defenses and objections which are not included in the petition or answer, (d) The petition and the rule to show cause and the answer shall be served as provided in Rule 440. (e) The court shall dispose of the rule on petition and answer, and, on any testimony, depositions, admissions and other evidence. The court for cause shown may stay proceedings on the petition insofar as it seeks to open the judgment pending disposition of the application to strike off the judgment. If evidence is produced which in a jury trial would require the issues to be submitted to the jury, the court shall open the judgment. (f) The lien of the judgment or any levy or attachments shall be preserved while the proceedings to strike off or open the judgment are pending. If you have any questions concerning the above, please contact: Sherry D. Lowe, Esquire Jennifer M. Davies, Esquire Lamm, Rubenstone, Totaro & David, LLC Four Greenwood Square, Suite 200 Bensalem, PA 19020-8544 (215) 638-9330 324391-1 LAMM, RUBENSTONE, TOTARO & DAVID, LLC By: Sherry D. Lowe, Esquire Jennifer M. Davies, Esquire Attorney I.D. Nos. 66096 & 80988 3600 Horizon Boulevard, Suite 200 Trevose, PA 19053 (215) 638-9330/(215) 638-2867 - Facsimile Attorneys for Plaintiff SOVEREIGN BANK COURT OF COMMON PLEAS 619 Alexander Road CUMBERLAND COUNTY, PENNSYLVANIA Princeton, NJ 08540 Plaintiff, NO. ns 66-3 V. STANLEY M. DEIMLER, JR d/b/a LEMOYNE AUTO SERVICE 308 Wertz Avenue Mechanicsburg, PA 17055 Defendant. PRAECIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please enter our appearance for Sovereign Bank, the Plaintiff in the above-captioned case. Date: r ? ? LAMM, RUBENSTONE, TOTARO & DAVID, LLC By: we, Esquire e M. vies, Esquire Attorneys for Plaintiff 324391-1 LAMM, RUBENSTONE, TOTARO & DAVID, LLC By: Sherry D. Lowe, Esquire Jennifer M. Davies, Esquire Attorney I.D. Nos. 66096 & 80988 3600 Horizon Boulevard, Suite 200 Trevose, PA 19053 (215) 638-9330/(215) 638-2867 - Facsimile Am SOVEREIGN BANK COURT OF COMMON PLEAS 619 Alexander Road CUMBERLAND COUNTY, PENNSYLVANIA Princeton, NJ 08540 Plaintiff, NO. 05- v. STANLEY M. DEIMLER, JR d/b/a LEMOYNE AUTO SERVICE 308 Wertz Avenue Mechanicsburg, PA 17055 Defendant. CONFESSION OF JUDGMENT (Under Pa. R.C.P. Nos. 2951, 2952, 2954, 2955, 2956, 2959, 236 and 42 Pa.C.S.A. §2737.1) Pursuant to the authority of the Warrant of Attorney contained within a certain Promissory Note, ("Note"), dated March 16, 2004, evidencing a $10,000.00 loan executed by Defendant, Stanley M. Deimler, Jr, d/b/a Lemoyne Auto Service, a true and correct copy of the Note is attached hereto and incorporated by reference in the Complaint filed in this action, I appear for Defendant, Stanley M. Deimler, Jr. d/b/a Lemoyne Auto Service, and confess judgment in favor of Plaintiff, Sovereign Bank, against the Defendant, Stanley M. Deimler, Jr. d/b/a Lemoyne Auto Service, in the amount of Ten Thousand Nine Hundred Twenty Seven Dollars and Fifty Four Cents ($10,927.54) and assess the following damages which are readily calculated by referenced to the Note: (a) Principal Balance Due $9,505.22 (b) Interest (up to and including $332.06 11114105, plus $2.77236 per diem thereafter) (e) Late Charges $ 87.03 (d) Costs of Suit $19.50 (e) Attorney's Fees (10% per Note) $983.73 324391-1 Total $10,927.54 The precise address of Sovereign Bank is 610 Alexander Road, Princeton, NJ 08540; and the last known address of the Defendant, Stanley M. Deimler, Jr., d/b/a Lemoyne Auto Service is 308 Wertz Avenue, Mechanicsburg, PA 17055. LAMM, RUBENSTONE, TOTARO & DAVID, LLC Date:_I ill, 6 By: fenni€+ avies, Esquire Attorneys For Defendant 324391-1 LAMM, RUBENSTONE, TOTARO & DAVID, LLC By: Sherry D. Lowe, Esquire Jennifer M. Davies, Esquire Attorney I.D. Nos. 66096 & 80988 3600 Horizon Boulevard, Suite 200 Trevose, PA 19053 (215) 638-9330/(215) 638-2867 - Facsimile Attorneys for Plaint SOVEREIGN BANK COURT OF COMMON PLEAS 619 Alexander Road CUMBERLAND COUNTY, PENNSYLVANIA Princeton, NJ 08540 Plaintiff, NO. V. STANLEY M. DEIMLER, JR d/b/a LEMOYNE AUTO SERVICE 308 Wertz Avenue Mechanicsburg, PA 17055 Defendant. COMPLAINT IN CONFESSION OF JUDGMENT Plaintiff, Sovereign Bank ("Sovereign"), is a Federal Savings Bank chartered by the Office of Thrift Supervision, with its principal place of business located at 619 Alexander Road, Princeton, NJ. 2. Defendant, Stanley M. Deimler, Jr. d/b/a Lemoyne Auto Service ("Stanley Deimler"), upon information and belief, is an adult individual, whose last known address to Sovereign is 308 Wertz Avenue, Mechanicsburg, PA 17055 and who does business at Lemoyne Auto Service. 3. On or about March 16, 2004, Stanley M. Deimler, Jr. d/b/a Lemoyne Auto Service ("Deimler") made, executed and delivered to Waypoint Bank, among other loan documents, a Promissory Note ("Note"), evidencing a certain loan in the principal amount of $10,000.00 from Waypoint Bank to Deimler, and which contains a Confession of Judgment Provision and other the terms and provisions which are more particularly described therein. A true and correct copy of the Note is attached hereto as Exhibit "A." 324391-1 4. The Note requires, inter alia, that Deimler pay the loan in one payment of all outstanding principal, plus all accrued unpaid interest on March, 16, 2005 and in addition, pay regular monthly payments of all accrued unpaid interest due as of each payment date, beginning April 16, 2004, with all subsequent interest payments to be due on the same day of each month after that. 5. The Note requires, inter alia, that interest will accrue at 1.500 percentage points over Waypoint Bank's Prime Rate. 6. On or about March 22, 2005, Sovereign and Deimler entered into a Deferred Repayment Option whereby: (1) Deimler was required to pay forty-eight (48) monthly payments of $206.34, plus accrued interest with all outstanding principal and accrued unpaid interest on or before April 16, 2009; and (2) all other loan provisions in the Note remain the same. A true and correct copy of the Deferred Repayment Option is attached hereto as Exhibit "B" 7. Thereafter, Sovereign became the holder of all right, title and interest in and to the Note by virtue of its merger with Waypoint Bank. 8. Deimler breached the terms of the Note and became in default thereof by, inter alia, failing to make payments under the Note when due. 9. Sovereign declared and demanded the entire amount due and owing under the Note and as immediately due and payable on October 24, 2005. A copy of the Notice of Default and Demand for Full Repayment is attached hereto as Exhibit "C." 10. Despite demand for payment, Defendant, Deimler, has failed and refused to pay all sums due and owing under the Note. 11. By reason of the breach and default of the Note and Deimler's failure to pay the amounts due, Sovereign exercises its right to confess judgment against Deimler for the entire amount now due and owing and to become owing in accordance with the express terms of the Note. 324391-1 12. The Note contains therein the authority to confess judgment. 13. Judgment has not been entered on the Note in any jurisdiction. 14. The Note has not been further assigned. 15. The Note was made for business purposes and the instant Judgment is not being entered by confession against a natural person in connection with a consumer credit transaction. 16. An Averment of Default regarding the Note is attached hereto. 17. Under the terms and conditions of the Note, Sovereign is entitled to continually accruing interest, attorneys' fees and costs until the satisfaction of the Note. In accordance with the terms and conditions of the Note, Deimler is individually, jointly and severally obligated and liable to Sovereign for Ten Thousand Nine Hundred Twenty Seven Dollars and Fifty Four Cents ($10,927.54) and assess the following damages which are readily calculated by referenced to the Note: (a) Principal Balance Due $9,505.22 (b) Interest (up to and including $332.06 11/14/05, plus $2.77236 per diem thereafter) (c) Late Charges $ 87.03 (d) Costs of Suit $19.50 (e) Attorney's Fees (10% per Note) $983.73 Total $10,927.54 WHEREFORE, the Plaintiff, Sovereign Bank, demands that Judgment be entered against Defendant, Stanley M. Deimler, Jr. d/b/a Lemoyne Auto Service, under the Note in the sum of $10,927.54, plus costs and continuing default rate of interest at a per diem of $2.77236 in accordance with the terms of the Note, as authorized by the Warrant of Attorney contained 324391-1 within the Note, which sum includes the aforesaid principal, interest, late charges, attorney's fees and costs of suit. Date: i 1,2A V/, LAMM, RUBENSTONE, TOTARO &DAVID. hb! By: C°? we, Esquire -Davies, Esquire for Plaintiff 324391-1 VERIFICATION Ana Stesney, being duly sworn according to law, verifies that she is an Assistant Vice President of the Plaintiff, Sovereign Bank, and she is authorized to make this Verification on behalf of Plaintiff; that the facts set forth in the foregoing Complaint in Confession of Judgment are true and correct to the best of her knowledge, information and belief; and that she understands that the foregoing statements are made subject to the penalties of 18 Pa.C.S.A. §4904 related to unswom falsifications to authorities. SOVEREIGN ?. S Date: By: i ,' _ l , 1 y Apa Stesney j4 ssistant Vice-President 324391-1 LAMM, RUBENSTONE, TOTARO & DAVID, LLC By: Sherry D. Lowe, Esquire Jennifer M. Davies, Esquire Attorney I.D. Nos. 66096 & 80988 3600 Horizon Boulevard, Suite 200 Trevose, PA 19053 (215) 638-9330/(215) 638-2867 -Facsimile An SOVEREIGN BANK 619 Alexander Road Princeton, NJ 08540 Plaintiff, V. STANLEY M. DEIMLER, JR d/b/a LEMOYNE AUTO SERVICE 308 Wertz Avenue Mechanicsburg, PA 17055 Defendant. COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. AFFIDAVIT Ana Stesney, being duly sworn according to law, deposes and says that she is an Assistant Vice President of Plaintiff, Sovereign Bank; that she is authorized to make this Affidavit on behalf of Plaintiff; that the facts set forth in the foregoing Complaint for Confession of Judgment are true and correct to the best of her knowledge, information and belief; that the statements made herein are made subject to the penalty of law related to unworn falsifications made to authorities pursuant to 18 Pa.C.S.A. §4904; and that the Promissory Note, Deferred Repayment Option and Notice of Default and Demand for Full Repayment are attached to the Complaint as Exhibits "A" through "C" are true and correct copies of the originals. SOV RF 111 RANK By: Ana Stes ey Assistant Vice Pre.' em Sworn to and Subscribed before me this 17 day of Vdfiliir?2005. N Pub is ?yJ fp rv? /? MARY GROMACK/ NOTARY PUBLIC OF 11W jffW CommWion Expk% 1/19/2006 LAMM, RUBENSTONE, TOTARO & DAVID, LLC By: Sherry D. Lowe, Esquire Jennifer M. Davies, Esquire Attorney I.D. Nos. 66096 & 80988 3600 Horizon Boulevard, Suite 200 Trevose, PA 19053 (215) 638-9330/(215) 638-2867 - Facsimile Attorneys for Plaintiff SOVEREIGN BANK COURT OF COMMON PLEAS 619 Alexander Road CUMBERLAND COUNTY, PENNSYLVANIA Princeton, NJ 08540 Plaintiff, NO. V. STANLEY M. DEIMLER, JR d/b/a LEMOYNE AUTO SERVICE 308 Wertz Avenue Mechanicsburg, PA 17055 Defendant. AVERMENT OF DEFAULT Ana Stesney, being duly sworn according to law, deposes and says that she is a Assistant Vice President of the Plaintiff, Sovereign Bank; that she is authorized to make this Affidavit on behalf of Plaintiff, that the Defendant, Stanley M. Deimler, Jr. d/b/a Lemoyne Auto Service is in default of the Promissory Note and have been so for a period in excess of five (5) days; and that there is $10,927.54 due and owing as of November 14, 2005, including principal, interest, attorney's fees and costs of suit. BANK By: Sworn to d Subs bed before me this day o dJ 05. TNota4 k- Pub is r02k .-,?( C--Q-t` MARY GROMACR 'NOTARY Pt*W OF TRW MW ^nmmh'*nn EXPW 11191M Ana Ste ns ey Assistant Vice 324391-1 LAMM, RUBENSTONE, TOTARO & DAVID, LLC By: Sherry D. Lowe, Esquire Jennifer M. Davies, Esquire Attorney I.D. Nos. 66096 & 80988 3600 Horizon Boulevard, Suite 200 Trevose, PA 19053 (215) 638-9330/(215) 638-2867 - Facsimile Attorneys for Plaintiff SOVEREIGN BANK COURT OF COMMON PLEAS 619 Alexander Road Princeton, NJ 08540 CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff, V. STANLEY M. DEIMLER, JR d/b/a LEMOYNE AUTO SERVICE 308 Wertz Avenue Mechanicsburg, PA 17055 Defendant. NO. AFFIDAVIT OF BUSINESS TRANSACTION Ana Stesney, being duly sworn according to law, deposes and says that she is a Assistant Vice President of Plaintiff, Sovereign Bank; that she is authorized to make this Affidavit on behalf of Plaintiff, and that the transaction upon which the Judgment being entered is based on is a business transaction. BANK By: Vice President Sworn to_and Subs coed before me this /7 day of 2005. it? --72 No ry P A ?a211/?/?? f? MARY ®ROMACK NOTARY /1 W d N!W JlRSEY CoNMUMSPIM 1/19/2006 324391-1 LAMM, RUBENSTONE, TOTARO & DAVID, LLC By: Sherry D. Lowe, Esquire Jennifer M. Davies, Esquire Attorney I.D. Nos. 66096 & 80988 3600 Horizon Boulevard, Suite 200 Trevose, PA 19053 (215) 638-9330/(215) 638-2867 - Facsimile Attorneys for Plaintiff SOVEREIGN BANK COURT OF COMMON PLEAS 619 Alexander Road Princeton, NJ 08540 CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff, V. STANLEY M. DEIMLER, JR d/b/a LEMOYNE AUTO SERVICE 308 Wertz Avenue Mechanicsburg, PA 17055 Defendant. NO. AFFIDAVIT OF NON-APPLICABILITY OF GOODS AND SERVICES INSTALLMENT SALES ACT Ana Stesney, being duly sworn according to law, deposes and says that she is a Assistant Vice President of Plaintiff, Sovereign Bank; that she is authorized to make this Affidavit on behalf of Plaintiff; that this Confession of Judgment does not arise out of a "retail installment sale, contract or account" as defined under the Goods and Services Installment Sales Act, 69 P. S. §1101 et. seq.; and that the foregoing facts are true and correct to the best of her knowledge, information, and belief. Sworn to wlic Tbi? 05. No MARY 6ROMACK NOTARYFU WOFWWJMW Corn 1)1WM SOVEREI:s BA By: r a Ana n Assistant Vice President 324391-1 LAMM, RUBENSTONE, TOTARO & DAVID, LLC By: Sherry D. Lowe, Esquire Jennifer M. Davies, Esquire Attorney I.D. Nos. 66096 & 80988 3600 Horizon Boulevard, Suite 200 Trevose, PA 19053 (215) 638-9330/(215) 638-2867 - Facsimile Attorneys for Plaintiff SOVEREIGN BANK COURT OF COMMON PLEAS 619 Alexander Road CUMBERLAND COUNTY, PENNSYLVANIA Princeton, NJ 08540 Plaintiff, NO. V. STANLEY M. DEIMLER, JR d/b/a LEMOYNE AUTO SERVICE 308 Wertz Avenue Mechanicsburg, PA 17055 Defendant. AFFIDAVIT OF NON-MILITARY SERVICE AND CONJUGAL INCOME Ana Stesney, being duly sworn according to law, deposes and says that she is a Assistant Vice President of Plaintiff, Sovereign Bank; that she is authorized to make this Affidavit on behalf of Plaintiff; that the last known address of the Defendant, Stanley M. Deimler, Jr. d/b/a Lemoyne Auto Service is 308 Wertz Avenue, Mechanicsburg, PA 17055, and that to the best of her knowledge, information and belief, the Defendant named herein are not in the Military Service of the United States, nor any State or Territory thereof or its allies as defined in the Soldiers' and Sailors' Civil Relief Act of 1940 and the amendments thereto; and that the annual income of the Defendant, Stanley M. Deimler, Jr. d/b/a Lemoyne Auto Service is independently in excess of $10,000.00. SOVEREIGN BANK Sworn to and Subscribed Before me this/-J?day of rdQ05 Not ubli jy, 2?/??? ???? By:,? t / Ana Stesney ' Assistant Vice President 324391-1 LAMM, RUBENSTONE, TOTARO & DAVID, LLC By: Sherry D. Lowe, Esquire Jennifer M. Davies, Esquire Attorney I.D. Nos. 66096 & 80988 3600 Horizon Boulevard, Suite 200 Trevose, PA 19053 (215) 638-9330/(215) 638-2867 - Facsimile Attorneys for Plaintiff SOVEREIGN BANK COURT OF COMMON PLEAS 619 Alexander Road CUMBERLAND COUNTY, PENNSYLVANIA Princeton, NJ 08540 Plaintiff, NO. V. STANLEY M. DEIMLER, JR d/b/a LEMOYNE AUTO SERVICE 308 Wertz Avenue Mechanicsburg, PA 17055 Defendant. AFFIDAVIT OF NON-CONSUMER CREDIT TRANSACTION Ana Stesney, being duly sworn according to law, deposes and says that she is a Assistant Vice President of Plaintiff, Sovereign Bank; that he is authorized to make this Affidavit on behalf of Plaintiff; and that this Confession of Judgment is not being entered against a natural person in connection with a consumer credit transaction. BANK By: Vice President Sworn to and Subscribed before me this /!?_dayof'- ji ?( . 'ev"7 ,l MARY GROMACK NOURY kftX Of MEW JERSEY 1 BVbft 1/19/2006 324391-1 PROMISSORY NOTE Borrower: Stanley M. Daimler, Jr. DBA: Lemoyne Auto Lender: Waypolnt Bank Service - 235 North Second Street 2235 Old Gettysburg Road PA. Box 1711 Camp Hill, PA 17511 Harrisburg, PA- 17105 Principal Amount: $10,000.00 Date of Note: March 16, 2004 Maturity Date: March 16, 2005 PROMISE TO PAY. Stanley M. Daimler, Jr. ("Borrower") promises to Pay to waypolyd Bank ("Lender"), or order, In lawful money of the United States of America, the principal amount of Ten Thousand & OW100 Dollars (S10A00.00) or so much as may be outstanding, together with Interest on the unpaid outstanding principal balance of each advance. Interest shag be calculated from the date of each advance until repayment of each advance. PAYMENT. Borrower will pay this loan In one payment of all outstanding principal plus all accrued unpaid Interest on March 16, 2005. In addition, Borrower will pay regular monthly payments of all accrued unpaid Interest due as of each payment date, beginning April 16, 2004, with all subsequent Interest payments to be due on the.same day of each month after that. Urdess otherwise agreed or required by applicable law, payments will be applied first to any accrued unpaid Interest; their to principal; then to any unpaid collodion costs; and then to any late charges. The annual Interest rate for gds Note Is computed on a 36SWO basis; that 1% by applying the ratio of the annual Interest rate over a year of 360 days, multiplied by the outstanding principal balance, multiplied by the actual number of days the principal balance Is outstanding. Borrower will pay Lender at Lender's address shown above or at such other one as Lander may designate In writing. VARIABLE INTEREST RATE. The Interest rate on this Note is subject to change from time to lime based on changes In an index which is Lenders Prime Rate (the "Index"). This Is the rate Lander charges, or would charge, on 90-day unsecured loans to the most creditworthy corporate customers. This rate may or may not be the lowest rate available from Lender at any given time. Lender w6ftell Borrower the current Index rate upon.Borrowers request. The Interest rate change will not occur more often than each Day. Borrower understands that Lender may make loans based on other rates as wet. The interest rate to be applied to the unpaid principal balance of this Note will be at a rate of 1.5W percentage points over the Index. NOTICE: Under no circumstances will the Interest rate on this Note be more than the maximum rate allowed by applicable law. PREPAYMENT. Borrower agrees that all loan fees and other prepaid finance charges are earned fully as of the date of the loan and will not be subject to refund upon early payment (whether voluntary or as a result of default), except as otherwise required by law. Except for the foregoing, Borrower may pay without penalty all or a portion of the amount owed earlier than it Is due. Early payments will not. unless agreed to by Lender in writing, relieve Borrower of Borrowers obligation to continue to make payments of accrued unpaid Interest. Rather, early payments will reduce the principal balance due. Borrower agrees not to send Lender payments marked "paid In full", "without recourse", or similar language. It Borrower sends such a payment, Lander may accept It without losing any of Lenders rights under this Nos, and Borrower will remain obligated to pay any father amount owed to Lender. All written communications concerning disputed amounts, including any check or other payment instrument that indicates that the payment constitutes "payment in fair of the amount owed or that is tendered with other conditions or limitations or as full satisfaction of a disputed amount must be mailed or delivered to: Waypoint Bank , 235 North Second Street, P.O. Box 1711, Harrisburg, PA 17105. LATE CHARGE. If a payment is 15 days or more late, Borrower will be charged 5.000% of the regularly scheduled payment or 610.00, whichever IS greater. INTEREST AFTER DEFAULT. Upon default, including failure to pay upon final maturity, Lender, at its option, may, If permitted under applicable law, increase the variable interest rate on this Note to 3.500 percentage points over the Index. The Interest rate will not exceed the maximum rate permitted by applicable law. If judgment is entered M connection with this Note, interest will continue to accrue on this Note after judgment at the interest rate applicable to this Note at the lime judgment is entered. DEFAULT. Each of the following shall constitute an event of default ('Event of Default') under this Note: Payment Default. Borrower falls to make any payment when due under this Note. Other Defaults. Borrower fails to comply with or to perform any other form, obligation, covenant or condition contained in this Note or in any of the related documents or to comply with or to perform any term, obligation, covenant or condition contained In any other agreement between Lender and Borrower. Default in Favor of Third Parties. Borrower or any Grantor defaults under any loan, extension of credit, security agreement, purchase or sales agreement, or any other agreement in favor of any other creditor or person that may materially affect any of Borrowers property or Borrowers ability to repay this Note or perform Borrowers oblIgations under this Note or any of the related documents. False Statements. Any warranty, representation or statement made or furnished to Lender by Borrower or on -Borrowers behalf under this Note or the related documents Is false or misleading In any material respect, either now or at the lime made or furnished or becomes false or misleading at any lime thereafter. Death or Insolvency. The death of Borrower or the dissolution or termination of Borrowers existence as a going business, the Insolvency of Borrower, the appointment of a receiver for any pad of Borrower's property, any assignment for the benefit of creditors, any type of creditor workout, or the commencement of any proceeding under any bankruptcy or Insolvency laws by or against Borrower. Creditor or Forfeiture Proceedings. Commencement of foreclosure or forfeiture proceedings, whether by judicial proceeding, self-help, repossession or any other method, by any creditor of Borrower or by any governmental agency against any cutateral securing the loan. This Includes a garnishment of any of Borrower's accounts, Including deposit accounts, with Lender. However, this Event of Default shall not apply If there Is a good faith dispute by Borrower as to the validity or reasonableness of the claim which Is the basis of the creditor or forfeiture proceeding and If Borrower gives Lender written notice of the creditor or forfeiture proceeding and deposits with Lender monies or a surety bond for the creditor or forfeiture proceeding, In an amount determined by Lender, In Its sole discretion, as being an adequate reserve or bond for the dispute. Events Affecting Guarantor. Any of Ore preceding events occurs with respect to any guarantor, endorser, surety, or accommodation party of any of the indebtedness or any guarantor, endorser, surety, or accommodation party dies or becomes incompetent or revokes or disputes the validity of, or liability undo, any guaranty of the Indebtedness evidenced by this Notes In the event of a death, Lender, at As option, may, but shall not be required to, permit the guarantors estate to assume unconditionally the obligations arising under the guaranty In a manner satisfactory to Lender, and, in losing so, cure any Event of Default Adverse Change. A material adverse. change occurs in Borrowers financial condition, or Lender believes the prospect of payment or performance of this Note is Impaired. - Cure Provisions. If any default, other than a default in payment Is curable and If Borrower has not been given a notice of a breach of the same provision of this Note within the preceding twelve (12) months, It may be cured (end. no event of default will have occurred) if Borrower, after receiving written notice from Lender demanding cure of such default: (1) cures the default within fifteen (15) days; or (2) If the cure requires ,I i PROMISSORY NOTE Loan No: 8873005630 (Continued) Page 2 more than Often (16) days, immediately in(tlates steps which Lender deems in Lender's sole discretion to be sufficient to cure the default and thereafter continues and completes all reasonable and necessary steps sufficient to produce compliance as soon as reasonably practical. LENDER'S RIGHTS. Upon default, Lender may, after giving such notices as required by applicable law, dedwe the entire unpaid principal balance on this Note and ate accrued unpaid Interest Immediately due, and then Borrower wit pay that amount ATTORNEYS' FEES; EXPENSES. Lender may hire or pay someone else to help collect this Note N Borrower does not pay. Borrower will pay Lender that amount. This Includes, subject to any limits under applicable law, Lender's afomeys' fees and Lender's legal expenses, whether or not there Is a lawsuit, including attorneys' fees, expenses for bankruptcy proceedings Qnduding efforts to modify or vacate any automatic stay or injunction), and appeals. It not prohibited by applicable law, Borrower also wa pay any court costs, in addition to an other sums provided by law. JURY WAIVER. Lender and Borrower hereby waive the right to any jury trial In any adlon, proceeding, or counterclaim brought by either Lender or Borrower against the other. GOVERNING. LAW. This Note will be governed by, construed and emorced In accordance with federal law and the laws of the Commonwealth of Pennsylvania. This Note has been accepted by Lender In the Commonwealth -of Pennsylvania. CHOICE OF VENUE. If there Is a lawsuit, Borrower agrees upon Lender's request to submit to the jurisdiction of the courts of Dauphin County, Commonwealth of Pennsylvania. RIGHT OF SETOFF. To the extent permitted by applicable law. Lender reserves a right of setoff in all Borrower's accounts with Lender (whether checking, savings, or some other account). This Includes an accounts Borrower holds jointly with someone else and all accounts Borrower may open In the future. However, this does not include any IRA or Keogh accounts, or any trust accounts for which setoff would be prohibited by few. Borrower authorizes Lander, to the extent permitted by applicable law, to charge or setoff an sums owing on the indebtedness against any and an such accounts. PROPERTY INSURANCE. Borrower understands that Borrower Is required to obtain Insurance for the collateral securing this Note. Further Information concerning this requirement Is set forth in the Security Agreement and Mortgage and In the Agreement to Provide Insurance, all the terms and condi lops of which are hereby Incorporated and made a part of this Note. LINE OF CREDIT. This Note evidences a revolving Ina of credit. Advances under this Note may be requested either orally or in writing by Borrower or as provided in this paragraph. Lender may, but need not, require that all oral requests be confirmed in writing. AN communications, Instructions, or directions by telephone or otherwise to Lender are to be directed to Lenders office shown above. Borrower agrees to be liable for an sums either. (A) advanced in accordance with the instructions at an authorized person or (B) credited to any of Borrowers accounts with Lender. The unpaid principal balance owing on this Note at any time may be evidenced by endorsements on this Note or by Lenders internal records, including daily computer print-outs. Lender will have no obligation to advance funds under this Note It. (A) Borrower or any guarantor is In default under the terms of this Note or any agreement that Borrower or any guarantor has with Lender, including any agreement made in connection with the signing of this Note; (B) Borrower or any guarantor ceases doing business or is Insolvent (C) any guarantor seeks, claims or otherwise attempts to limit, modify or revoke such guarantor's guarantee of this Note or any other loan with Lender; or (D) Borrower has applied funds provided Pursuant to this Note for purposes other than those authorized by Lender. SECURITY. All collateral (as herein defined) is security for this Note and any renewals, -extensions and modifications thereof, and the payment, performance and discharge of an other present or future indebtedness, obligations and undertakings (whether Individual, joint, several, Erect, contingent or otherwise) of the Borrower to or for the benefit of Lender, whether arising dneciy, to Lender under this Note or under any other agreement, promissory note or undertakings now existing a hereinafter entered into by the Borrower to the Lender. The term "Collateral" includes all tangible and intangible property (1) described in any mortgage, assignment or other security document separately executed In favor of lender, and (if) in which a security Interest has been granted to Lender pursuant to this Note. DISCLOSURE TO BORROWER FOR CONFESSION OF JUDGMENT. An exhibit, Iltled "Disclosure for Confession of Judgment," is attached to this Note and by thisreference is made a part of this Note just as if all the provisions, terms and conditions of the Exhibit had been fully set forth In this Note. SUCCESSOR INTERESTS. The terms of this Note shall be binding upon Borrower, and upon Borrowers heirs, personal representatives, successors and assigns, and shall inure to the benefit of Lender and its successors and assigns. -GENERAL PROVISIONS. Lender may delay or forgo enforcing any of Its rights or remedies under this Note without losing them. Borrower and any other parson who signs, guarantees or endorses this Note, to the extent allowed by law, waive presentment, demand for payment, and notice of dishonor. Upon any change In the terms of this Note, and unless otherwise expressly stated in willing, no party who signs this Note, whether as maker, guarantor, accommodation maker or -endorser, shall be released from Iablity. AN such parties agree that Lender may renew or extend (repeatedly and for any length of Nme) this loan or release any party or guarantor or collateral; or impair, fall to realize upon or perfect Lenders security interest In the collateral; and take any other action deemed necessary by Lander without the consent of or notice to anyone. AN such parties also agree that Lender may modify this loan without the consent of or notice to anyone other than the party with whom the modification Is made. The obligations under this Note are joint and several. If any portion of this Note Is for any reason determined to be unenforceable, it will not affect the enforceability of any other provisions of this Note. CONFESSION OF JUDGMENT. BORROWER HEREBY IRREVOCABLY AUTHORIZES AND EMPOWERS ANY ATTORNEY OR THE PROTHONOTARY OR CLERK OF ANY COURT IN THE COMMONWEALTH OF PENNSYLVANIA, OR ELSEWHERE, TO APPEAR AT ANY TIME FOR BORROWER AFTER A DEFAULT UNDER THIS NOTE AND WITH OR WITHOUT COMPLAINT FILED, CONFESS OR ENTER JUDGMENT AGAINST BORROWER FOR THE ENTIRE PRINCIPAL BALANCE OF THIS NOTE AND ALL ACCRUED INTEREST, LATE CHARGES AND ANY AND ALL AMOUNTS EXPENDED OR ADVANCED BY LENDER RELATING TO ANY COLLATERAL SECURING THIS NOTE, TOGETHER WITH COSTS OF SUIT, AND AN ATTORNEY'S COMMISSION OF TEN PERCENT (1D%) OF THE UNPAID PRINCIPAL BALANCE AND ACCRUED INTEREST FOR COLLECTION, BUT IN ANY EVENT NOT LESS THAN FIVE HUNDRED DOLLARS ($500) ON WHICH JUDGMENT OR JUDGMENTS ONE OR MORE EXECUTIONS MAY ISSUE IMMEDIATELY; AND FOR SO DOING, THIS NOTE OR A COPY OF THIS NOTE VERIFIED BY AFFIDAVIT SHALL BE SUFFICIENT WARRANT. THE AUTHORITY GRANTED IN THIS NOTE TO CONFESS JUDGMENT AGAINST BORROWER SHALL NOT BE EXHAUSTED BY ANY EXERCISE OF THAT AUTHORITY, BUT SHALL CONTINUE FROM TIME TO 11ME AND AT ALL TIMES UNTIL PAYMENT IN FULL OF ALL AMOUNTS DUE UNDER THIS NOTE. BORROWER HEREBY WAIVES ANY RIGHT BORROWER MAY HAVE TO NOTICE OR TO A HEARING IN CONNECTION WITH ANY SUCH CONFESSION OF JUDGMENT AND STATES THAT EITHER A REPRESENTATIVE OF LENDER SPECIFICALLY CALLED THIS CONFESSION OF JUDGMENT PROVISION TO BORROWER'S ATTENTION OR BORROWER HAS BEEN REPRESENTED BY INDEPENDENT LEGAL COUNSEL. PROMISSORY NOTE Loan No: 8873005630 (Continued) Page 3 PRIOR TO SIGNING THIS NOTE, BORROWER READ AND UNDERSTOOD ALL THE PROVISIONS OF THIS NOTE, INCLUDING THE VARIABLE INTEREST RATE PROVISIONS. BORROWER AGREES TO THE TERMS OF THE NOTE. BORROWER ACKNOWLEDGES RECEIPT OF A COMPLETED COPY OF THIS PROMISSORY NOTE. THIS NOTE IS GIVEN UNDER SEAL AND IT IS INTENDED THAT THIS. NOTE IS AND SHALL CONSTITUTE AND HAVE THE EFFECT OF A SEALED INSTRUMENT ACCORDING TO LAW. BORROW Rr'? t mter, J. LENDER: WAYPOI! T BANK X AU t" IALIR PM LLnNna Vim. La.n4,M? Ca1r.XLrYMIWMYI tWIMn4 N:. M44 LL44 AY NLIm I1LxrvM. -M 4KA,yL10i4FC iI1NLLP PML, I, 11/];7/2005 THU 10.41 FAA SovereiP Bank Certified and First Class Mail March 22, 2005 Stanley M Deimler Jr DBA Lemoyne Auto Service 308 Wertz Ave Mechanicsburg PA 17055 Y-31 Re: S 10,0110.00 Line of Credit No. 51687346-18/26 (the "Loan") payable on March 16.2005 to Sovereign Bank, successor to Waypoiat Bank with an outstanding principal balance of $9,904.24. Dear Mr. Deimler: Please be advised that effective immediately, Sovereign Bank is hereby exercising its right to discontinue any further borrowing requests made upon the above referenced Loan obligation. As we discussed the Bank is unable to renew your line of credit due to the poor financial condition of the business and you have not responded to request for payment of the outstanding balance. This Loan was payable in full on the maturity date of March 16, 2005 and is currently due and payable in full. If however you are unable to pay the balance in full the Bank will offer to you an option of repaying the outstanding Loan balance over 48 months, starting May 16, 2005, (the "Deferred Repayment Option") as follows: 1) for $206.34 principal nlus 2) accrued interest at the Loan interest rate or rates; plus 3) on April 16, 2009 any remaining Loan balance owed. Kindly note that all other Loan provisions remain the same during the Deferred Repayment Option tenp including thou effecting interest rates and those concerning the Bank's right to require payment in if any Deferred Repayment Option payment is not paid when due, or if any other default occurs as refe?tC iced in the original Loan documents, then your Deferred Repayment Option will automatically end and the Bank will require the immediate Loan repayment in full. Should you have any questions, please do not hesitate to contact me at (617) 533-1767. We trust that you will appreciate the flexibility of using your Deferred Repayment Option. Sincerely, / Alta / /?. ^,eeZ, Carol M Marczyk Portfolio Analyst Accepted and ed: Stanley eimler Jr Date ? n02/002 Sovereign Bank Two Morrissey Blvd., Dorchester, MA 02125 Mail Stop MAl-M63-01-08 ????? ? ?X Sovereign Bank' Ana Stesney Assistant Vice President Managed Assets Division Sovereign Bank 619 Alexander Road Princeton, NJ 08540 (609) 243-7500 Ext. 236 October 24, 2005 Notice of Default and Demand for Full Repayment Via certified and regular US mail, postage prepaid e s urg Rd. Camp Hill, PA 17011 Re: $10,000 Promissory Note dated 03116104, account #0051687346126 (the 'Loan") borrowed by Stanley M. Deimler, Jr. d/b/a Lemoyne Auto Service (designated "you" or the "Borrower'g from Waypoint Bank, and assigned to Sovereign Bank (the "Bank"). Dear Mr_ Daimler: As you know, your Loan obligations are in default because, inter alia, of •S Your failure to make the required payments when they became due and payable. Therefore, responsibility for resolving the defaulted Loan was transferred from your former account officer to the Bank's Managed Assets Division and assigned to me. Hence, this letter, introducing myself and demanding repayment in full. At present, you owe to the Bank the sum of $9,846.52 on the above-referenced loans. This sum is comprised of: ? Unpaid principal of $9.505.22 ? Accrued interest through the dose of business day of 267.84 (plus the applicable per diem thereafter). ? Late fees in the amount of $73.46 plus any future late charges that may accrue. Sovereign back ? Pursuant to the loan Instrument, the interest rate effective on this obligation, currently at 1.500 percentage points over the index ("Lender's Prime Rate) will increase effective as of this date by 2.000 percentage points over the index. This increase will remain in effect until the obligation is paid in full ("the default rate"). To ensure proper credit, all Loan payments should be directed to my attention at the above address. Please know that the Bank will not consider itself bound by any purported renewal, extension, modification, or forgiveness of all or any part of the indebtedness, or by any purported waiver of any other right, power, privilege or immunity of the Bank unless same is expressed in writing signed by an authorized Bank executive or by the Bank's designated legal counsel. The Bank reserves all of its rights, remedies, powers and immunities concerning the Loans. These reserved rights include, without limitation, foreclosing the Bank's lien on the mortgaged real estate and/or business assets, obtaining payment in full from the Borrower's personal assets and accepting partial payments without thereby reinstating or curing any Loan defaults. This means that the Bank has the right to continue to collect the full amount of the defaulted Loan's indebtedness, plus any interest, late fees and other costs, charges and expenses, as appropriate. Unless the Bank receives payment in full by November 3, 2005, the Bank plans to use the services of an attorney to collect these Loans' indebtedness. In that event, you and all obligors will also be responsible to pay the Bank's attorney's fees. While the Bank may, in its discretion, but need not, briefly delay instituting legal action against you, nevertheless, the entire indebtedness is now due in full. Thank you for your anticipated attention to this serious matter. Very lfiuly yours, Vice President Sovereign Bahk- Ana Stesney Assistant Vice President Managed Assets Division Sovereign Bank 619 Alexander Road Princeton, NJ 08540 (609) 243-7500 Ext. 236 October 24, 2005 Notice of Default and Demand for Full Repayment Via certified and regular US mail, postage prepaid Stanley M. Deimler, Jr. 308 Wertz Avenue Mechanicsburg, PA 17055 Re: $10,000 Promissory Note dated 03116104, account #0051687346126 (the "Loan19 borrowed by Stanley M. Deimler, Jr. d/b?a Lemoyne Auto Service (designated "you" or the "Borrower") from Waypoint Bank, and assigned to Sovereign Bank (the `Bank'g. Dear Mr. Deimler As you know, your Loan obligations are in default because, inter alia, of ? Your failure to make the required payments when they became due and payable. Therefore, responsibility for resolving the defaulted Loan was transferred from your former account officer to the Bank's Managed Assets Division and assigned to me. Hence, this letter, introducing myself and demanding repayment in full. At present, you owe to the Bank the sum of $9,846.62 on the above-referenced loans. This sum is comprised of- > Unpaid principal of $9,505.22 ? Accrued interest through the close of business day of 267.84 (plus the applicable per diem thereafter). ? Late fees in the amount of $73.46 plus any future late charges that may accrue. Sovereign Bau ? Pursuant to the loan Instrument, the Interest rate effective on this obligation, currently at 1.500 percentage points over the index ("Lender's Prime Rate) will increase effective as of this date by 2.000 percentage points over the index. This increase will remain in effect until the obligation is paid in full ("the default rate"). To ensure proper credit, all Loan payments should be directed to my attention at the above address. Please know that the Bank will not consider itself bound by any purported renewal, extension, modification, or forgiveness of all or any part of the indebtedness, or by any purported waiver of any other right, power, privilege or immunity of the Bank unless same is expressed in writing signed by an authorized Bank executive or by the Bank's designated legal counsel. The Bank reserves all of its rights, remedies, powers and immunities concerning the Loans. These reserved rights include, without limitation, foreclosing the Bank's lien on the mortgaged real estate and/or business assets, obtaining payment in full from the Borrower's personal assets and accepting partial payments without thereby reinstating or curing any Loan defaults. This means that the Bank has the right to continue to collect the full amount of the defaulted Loan's indebtedness, plus any interest, late fees and other costs, charges and expenses, as appropriate. Unless the Bank receives payment in full by November 3, 2005, the Bank plans to use the services of an attorney to collect these Loans' indebtedness: In that event, you and all obligors will also be responsible to pay the Bank's attomey's fees. While the Bank may, in its discretion, but need not, briefly delay instituting legal action against you, nevertheless, the entire indebtedness is now due in full. Thank you for your anticipated attention to this serious matter Very truly yours, Vice President _?"'- ?-? b ?? kJ (X1 v ._ ! . ?_ ??:_ ^? '?. r.? C? -n a .__ ?`.'n ?. \``j ?,'? w ?? _ G - , _.. ,.:i ? _.- `? ?? r -, r SHERIFF'S RETURN - REGULAR CASE NO: 2005-06053 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND SOVEREIGN BANK VS DEIMLER STANLEY M JR DBA LEMOY DAVID MCKINNEY , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within NOTICE UNDER RULE 2958.1 was served upon DEIMLER STANLEY M JR D/B/A LEMOYNE AUTO SERVICE the DEFENDANT , at 1950:00 HOURS, on the 19th day of December , 2005 at 308 WERTZ MECHANICSBURG, PA 17055 by handing to STANLEY M DEIMLER a true and attested copy of NOTICE UNDER RULE 2958.1 together with JUDGMENT & EXECUTION THEREON and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 19.20 Affidavit .00 Surcharge 10.00 .00 47.20 Sworn and Subscribed to before me this day of c t, A.D. ? Flu of ry So Answers: R. Thomas Kline 12/20/2005 LAMM RUBENSTONE TOTARO & DAVID By. Deputy Sherif LAMM, RUBENSTONE & DAVID, LLC By: Sherry D. Lowe, Esquire Jennifer M. Davies, Esquire Attorney I.D. Nos. 66096 & 80988 3600 Horizon Boulevard, Suite 200 'Trevose. PA 19053 (215) 638-9330/(215) SOVEREIGN BANK V. 638-2867 - Facsimile Plaintiff, COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO. 2005-6053 STANLEY M. DEIMLER, JR d/b/a LEMOYNE AUTO SERVICE Defendant. TO THE PROTHONOTARY: PRAECIPE FOR WRIT OF EXECUTION UPON A CONFESSED JUDGMENT (Rule 2950, et seq.) PLEASE ISSUE WRIT OF EXECUTION UPON A JUDGMENT ENTERED BY CONFESSION INTHE ABOVE MATTER (l) Directed to the Sheriff of Cumberland County (2) Against StanlekM Deimler Jr d/bIa Lemoyne Auto Service , Defendant; and (3) Against , as Garnishee (4) and index this writ (a) against Stanley M Deimler. Jr d/b/a Lemoyne Auto Service , Defendant and (b) against , as Garnishee as a lis pendens against real property of the defendant in the name of garnishee as follows: LEVY: Upon ally and all business and personal property of any kind or sort including but not limited to CASH automobiles tools eguiRment furniture inventory office equipment telephones computers radio/stereo equipment tables chairs bedroom furniture televisions VCRs desks or any other personal property of any kind located at 308 Wertz Avenue Mechanicsburg, Pennsvlvania 17055. LEVY: Upon any and all business and personal property of any kind or sort, including but not limited to CASH, automobiles tools equipment furniture inventory office eq ment telephones computers radio/stereo equipment tables chairs bedroom furniture televisions VCRs desks or any other personal property of any kind located at 2236 Gettysburg Road, Camp Hill, Pennsylvania 17011. (5) Amount due $ 10,927.54 Interest from November 23 2005 (,,N1 77111, per diem $ Costs to be added $ Total ?- I certify that (a) This Praecipe is based upon a judgment entered by confession, and (b) Notice has been served pursuant to Rule 2958.1 at least thirty days prior to the filing of this Praecipe as evidenced by a return of service filed of record. LAMM, RUBENSTONE & DAVID, LLC B y: ' Je nifer a scl D No. 80988 Ver n Bank ,30760-I ? ? ? ? ? ? ? ? ? ? '? '? G ? ? ?,?-- ?, ? ? `? ? ? c ? a d ?,, ? ? ? ? d ? ? ` ? ?` ? _ _ ? ,,a w WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 05-6053 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due SOVEREIGN BANK Plaintiff (s) From STANLEY M. DEIMLER, JR. D/B/A LEMOYNE AUTO SERVICE, 308 WERTZ AVENUE, MECHANICSBURG, PA 17055 AND 2236 GETTYSBURG ROAD, CAMP HILL, PA 17011 (I) You are directed to levy upon the property of the defendant (s)and to sell ANY AND ALL BUSINESS AND PERSONAL PROPERTY OF ANY KIND OR SORT, INCLUDING BUT NOT LIMITED TO CASH, AUTOMOBILES, TOOLS, EQUIPMENT, FURNITURE, INVENTORY, OFFICE EQUIPMENT, TELEPHONES, COMPUTERS, RADIOISTEREO EQUIPMENT, TABLES, CHAIRS, BEDROOM FURNITURE, TELEVISIONS, VCRS, DESKS, OR ANY OTHER PERSONAL PROPERTY OF ANY KIND LOCATED AT 308 WERTZ AVENUE, MECHANICSBURG, PA 17055 AND 2236 GETTYSBURG ROAD, CAMP HILL, PA 17011. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $10,927.54 Interest FROM 11/23/05 @ $2.77236 PER DIEM Atty's Comm % Any Paid $79.20 Plaintiff Paid Date: MARCH 9, 2006 (Seal) L.L. $.50 Due Prothy $1.00 Other Costs Prothonotary , By: Deputy REQUESTING PARTY: Name JENNIFER M. DAVIES, ESQUIRE Address: LAMM, RUBENSTONE & DAVIS, LLC 3600 HORIZON BOULEVARD, SUITE 200 TREVOSE, PA 19053 _ Attorney for: PLAINTIFF Teleplrone:215-638-9330 Supreme Court ID No. 80988 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 05-6053 Civil COUNTY OF CUMBERLAND) CIVIL ACTION- LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due SOVEREIGN BANK Plaintiff (s) Front STANLEY M. DEIMLER, JR. DBIA LEMOYNE AUTO SERVICE, 308 WERTZ AVENUE, MECHANICSBURG, PA 17055 AND 2236 GETTYSBURG ROAD, CAMP HILL, PA 17011 (1) You are directed to levy upon the property of the defendant (s)and to sell ANY AND ALL BUSINESS AND PERSONAL PROPERTY OF ANY KIND OR SORT, INCLUDING BUT NOT LIMITED TO CASH, AUTOMOBILES, TOOLS, EQUIPMENT, FURNITURE, INVENTORY, OFFICE EQUIPMENT, TELEPHONES, COMPUTERS, RADIO/STEREO EQUIPMENT, TABLES, CHAIRS, BEDROOM FURNITURE, TELEVISIONS, VCRS, DESKS, OR ANY OTHER PERSONAL PROPERTY OF ANY KIND LOCATED AT 308 WERTZ AVENUE, MECHANICSBURG, PA 17055 AND 2236 GETTYSBURG ROAD, CAMP HILL, PA 17011. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof, (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $10,927.54 Interest FROM 11/23/05 @ $2.77236 PER DIEM Any's Comm % Arty Paid $79.20 Plaintiff Paid Date: MARCH 9.2006 (Seal) L.L. $.50 Due Prothy $1.00 Other Costs Pro onotary - By: Deputy REQUESTING PARTY: Name JENNIFER M. DAVIES, ESQUIRE Address: LAMM. RUBENSTONE & DAVIS, LLC 3600 HORIZON BOULEVARD, SUITE 200 TREVOSE, PA 19053 Attorney for: PLAINTIFF J ? Telephone: 215-638-9330 Supreme Court ID No. 80988 1 R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned STAYED, DUE TO BANKRUPTCY. Sheriff's Costs: Docketing $ 18.00 Poundage 1.44 Advertising Law Library .50 Prothonotary 1.00 Mileage 12.32 Surcharge 20.00 Levy 20.00 Post Pone Sale Garnishee Postage TOTAL $ 73.26 Sworn and Subscribed to before me this day of 2006 A.D. P othono Advance Costs: 150.00 Sheriff's Costs: 73.26 76.74 Refunded to Atty on 05/09/06 So Answers; R. Tho as Kline, S eriff By 0 kA r 0 I ?, ssas? t?.. 171 v Px- WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 05-6053 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due SOVEREIGN BANK Plaintiff (s) From STANLEY M. DEIMLER, JR. DB/A LEMOYNE AUTO SERVICE, 308 WERTZ AVENUE, MECHANICSBURG, PA 17055 AND 2236 GETTYSBURG ROAD, CAMP HILL, PA 17011 (1) You are directed to levy upon the property of the defendant (s)and to sell ANY AND ALL BUSINESS AND PERSONAL PROPERTY OF ANY KIND OR SORT, INCLUDING BUT NOT LIMITED TO CASH, AUTOMOBILES, TOOLS, EQUIPMENT, FURNITURE, INVENTORY, OFFICE EQUIPMENT, TELEPHONES, COMPUTERS, RADIO/STEREO EQUIPMENT, TABLES, CHAIRS, BEDROOM FURNITURE, TELEVISIONS, VCRS, DESKS, OR ANY OTHER PERSONAL PROPERTY OF ANY KIND LOCATED AT 308 WERTZ AVENUE, MECHANICSBURG, PA 17055 AND 2236 GETTYSBURG ROAD, CAMP HILL, PA 17011. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $10,927.54 Interest FROM 11/23/05 @ $2.77236 PER DIEM Arty's Comm % Arty Paid $79.20 Plaintiff Paid Date: MARCH 9, 2006 L.L. $.50 Due Prothy $1.00 Other Costs Pro onotary (Seal) By: Deputy REQUESTING PARTY: Name JENNIFER M. DAVIES, ESQUIRE Address: LAMM, RUBENSTONE & DAVIS, LLC 3600 HORIZON BOULEVARD, SUITE 200 TREVOSE, PA 19053 Atty for Pltff 71.5-638-9330 COP`S LAMM RUBENSTONE LESAVOY BUTZ & DAVID LLC By: Sherry D. Lowe, Esquire Jennifer M. Davies, Esquire Attorney I.D. Nos. 66096 & 80988 3600 Horizon Boulevard, Suite 200 Trevose, PA 19053 (215)638-9330/(215)638-2867-Facsimile Attorneysfor Plaintiff SOVEREIGN BANK COURT OF COMMON PLEAS Plaintiff, CUMBERLAND COUNTY, PA V. STANLEY M. DEIMLER, JR d/b/a LEMOYNE AUTO SERVICE, Defendants, and CITIZENS BANK, HARRIS SAVINGS BANK, FIRST STATE BANK, PENNSYLVANIA STATE BANK, and M&T BANK, N.A., Garnishees. TO THE PROTHONOTARY: NO. 2005-6053 PRAECIPE FOR WRIT OF EXECUTION UPON A CONFESSED JUDGMENT (Rule 2950, et seq.) PLEASE ISSUE WRIT OF EXECUTION UPON A JUDGMENT ENTERED BY CONFESSION IN THE ABOVE MATTER (1) Directed to the Sheriff of Cumberland County (2) Against Stanley M. Deimler. Jr. d/b/a Lemoyne Auto Service . Defendant; and (3) Against Citizens Bank. Harris Savings Bank. First State Bank. Pennsylvania State Bank and M&T Bank. N.A., as Garnishee (4) and index this writ (a) againstStanlev M. Deimler. Jr. d/b/a Lemoyne Auto Service . Defendant and (b) against Citizens Bank. Harris Savings Bank. First State Bank. Pennsylvania State Bank and M&T Bank. N.A., as Garnishee as a lis pendens against real property of the defendant in the time of garnishee as follows: GARNISH: Any and all deposit, securities, checking, savings, money market, and/or other accounts of any kind or sort in the name of and/or with regard to Stanley Deimler and Stanley Deimler d/b/a Lemoyne Auto Service located at Citizens Bank. Harris Savings Bank. First State Bank, Pennsvlvania State Bank and M & T Bank. ' (5) Amount due $ 10,927.54 Interest from November 23. 2005 (,$2.77236 per diem $ Costs to be added $ Total $ I certify that (a) This Praecipe is based upon ajudgment entered by confession, and (b) Notice has been served pursuant to Rule 2958.1 at least thirty days prior to the filing of this Praecipe as evidenced by a return of service filed of record. LAMM RUBENSTONE LESAVOY Z& By: J d M. a s, wire, ID No. 80988 ome eo-Sov ank 337608-1 MDENTON 0 4 R - c? IIINN V W LAMM RUBENSTONE LESAVOY BUTZ & DAVID LLC By: Sherry D. Lowe, Esquire Jennifer M. Davies, Esquire Attorney I.D. Nos. 66096 & 80988 3600 Horizon Boulevard, Suite 200 Trevose, PA 19053 (215) 638-9330/(215) 638-2867 - Facsimile Attorn SOVEREIGN BANK COURT OF COMMON PLEAS Plaintiff, CUMBERLAND COUNTY, PA V. NO. 2005-6053 STANLEY M. DEIMLER, JR WRIT OF EXECUTION d/b/a LEMOYNE AUTO SERVICE, UPON A CONFESSED JUDGMENT Defendants, and CITIZENS BANK, HARRIS SAVINGS BANK, FIRST STATE BANK, PENNSYLVANIA STATE BANK, and : M&T BANK, N.A., Garnishees. (Rule 2950, et seq.) TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the Judgment, interest, and costs against Stanley M. Deimler, Jr. d/b/a Lemoyne Auto Service, Defendant; (1) You are directed to levy upon the property of the defendant(s) and to sell his, her (or their) interest therein. (2) You are directed to attach the property of the defendanfs'not levied upon in the possession of Garnishee. GARNISH: Any and all deposit securities checking savings, market and/or other accounts of any kind or sort in the name of and/or with regard to Stanley Deimler and Stanley Deimler d/b/a Lemoyne Auto Service located at Citizens Bank, 2 West Main Street, Mechanicsburg, PA. GARNISH: Any and all deposit securities checking savings money market and/or other accounts of any kind or sort in the name of and/or with regard to Stanley Deimler and Stanley Deimler d/b/a Lemoyne Auto Service located at Harris Savings Bank 600 East Simpson Street, Mechanicsbure, PA. located at First State Bank. 507 North York Street, Mechanicsbure, PA. located at Pennsylvania State Bank, 91 Cumberland Parkway. Mechanicsbure. PA. 337608-1 MDENTON and to notify the garnishee that (a) an attachment has been issued; (b) the garnishee is enjoined from paying any debt to or for the account(s) of the defendant (s) and from delivering any property of the defendants or otherwise disposing thereof. (3) If property of the defendant not levied upon and subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him that he has been added as a garnishee and is enjoined as above stated. Pa.R.C.P. 2958: Date Judgment Entered: 11/23/2005 Date of Affidavit of Mailing: 12/19/2005 (4) Amount due $ 10,927.54 Interest from November 23, 2005 (a),$2.77236 per diem $ Costs to be added $ 17D.?1(o Total $ PROTHONOTARY Date: & By: &? .? Deptg? Prothonotary 337608-1 MDENTON IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA No. 2005.6053 SOVEREIGN BANK Plaintiff V. STANLEY M. DEIMLER, JR. d/b/a LEMOYNE AUTO SERVICE Defendants and CITIZENS BANK, HARRIS SAVINGS BANK, FIRST STATE BANK, PENNSYLVANIA STATE BANK, and M&T BANK, N.A., Gamishees WRIT OF EXECUTION UNDER CONFESSED JUDGMENT COSTS PROTHYPD $ JUDGMENT FEE $ SATISFACTION FEE $ LAMM RUBENSTONE LESAVOY BUTZ DAVID LLC By: Je a t .,, •squire 36 orizon ule uite 200 A 19053 Phone: 215-638-9330 Facsimile: 215-638-2867 ADDRESSES FOR SERVICE: Stanley M. Deimler, Jr. d/b/a Lemoyne Auto Service 308 Wertz Avenue Mechanicsburg, PA 17055 First State Bank 507 N. York St. Mechanicsburg, PA 17055 337608-1 MDENTON Stanley M. Deimler, Jr. d/b/a Lemoyne Auto Service 2236 Gettysburg Road Camp Hill, PA 17011 Pennsylvania State Bank V 91 Cumberland Parkway Mechanicsburg, PA 17055 Citizens Bank _ 2 West Main St. I,/ Mechanicsburg, PA 17055 M&T Bank, N.A. W4 1415 S. Market Street Mechanicsburg, PA 17055 Harris Savings Bank _ 600 E. Simpson St. V Mechanicsburg, PA 17055 LAMM RUBENSTONE LESAVOY BUTZ & DAVID LLC By: Sherry D. Lowe, Esquire Jennifer M. Davies, Esquire Attorney I.D. Nos. 66096 & 80988 3600 Horizon Boulevard, Suite 200 Trevose, PA 19053 (215) 638-9330/(215) 638-2867 - Facsimile Attorneys for Plaintiff SOVEREIGN BANK COURT OF COMMON PLEAS Plaintiff, CUMBERLAND COUNTY, PA V. STANLEY M.DEIMLER,JR d/b/a LEMOYNE AUTO SERVICE, Defendants, and CITIZENS BANK, HARRIS SAVINGS BANK, FIRST STATE BANK, PENNSYLVANIA STATE BANK, and M&T BANK, N.A., NO. 2005-6053 WRIT OF EXECUTION UPON A CONFESSED JUDGMENT Garnishees. (Rule 2950, et seq.) WRIT OF EXECUTION NOTICE This paper is a Writ of Execution. It has been issued because there is a judgment against you. It may cause your property to be held or taken to pay the judgment. You may have legal rights to prevent your property from being taken. A lawyer can advise you more specifically of these rights. If you wish to exercise your rights, you must act promptly. The law provides that certain property cannot be taken. Such property is said to be exempt. There is a debtor's exemption of $300. There are other exemptions that may be applicable to you. Attached is a summary of some of the major exemptions. You may have other exemptions or other rights. If you have an exemption, you should do the following promptly: (1) Fill out the attached claim form and demand for a prompt hearing. (2) Deliver the form or mail it to the Sheriff s Office at the address noted. You should came to court ready to explain your exemption. If you do not come to court and prove your exemption, you may lose some of your property. 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 HELP. LAWYER REFERENCE SERVICE Cumberland County Courthouse 40 Floor Carlisle, PA 17013 717-240-6200 337608-1 MDENTON LAMM RUBENSTONE LESAVOY BUTZ & DAVID LLC By: Sherry D. Lowe, Esquire Jennifer M. Davies, Esquire Attorney I.D. Nos. 66096 & 80988 3600 Horizon Boulevard, Suite 200 Trevose, PA 19053 (215) 638-9330/(215) 638-2867 -Facsimile Attorneys for Plaintiff SOVEREIGN BANK COURT OF COMMON PLEAS Plaintiff, CUMBERLAND COUNTY, PA V. STANLEY M. DEIMLER, JR d/b/a LEMOYNE AUTO SERVICE, Defendants, and CITIZENS BANK, HARRIS SAVINGS BANK, FIRST STATE BANK, PENNSYLVANIA STATE BANK, and M&T BANK, N.A., Gamishees. TO THE SHERIFF: NO. 2005-6053 WRIT OF EXECUTION UPON A CONFESSED JUDGMENT (Rule 2950, et seq.) CLAIM FOR EXEMPTION the above-named defendant, claim exemption of property from levy or attachment: (1) From my personal property in my possession which has been levied upon. (a) I desire that my $300 statutory exemption be [ ] (i) set aside if kind (specify property to be set aside in kind): [ ] (ii) paid in cash following the sale of the property levied upon; or (b) I claim the following exemption (specify property and basis of exemption: (2) From my property that is in the possession of a third party, I claim the following exemptions: (a) my $300 statutory exemption: [ ] in cash; [ ] in kind (specify property): , (b) Social Security benefits on deposit in the amount of $ (c) other (specify amount and basis of exemption): I request a prompt court hearing to determine the exemption. Notice of the hearing should be given to me at _ (Address) (Telephone Number) I verify that the statements made in this Claim for Exemption are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. S4904 relating to unswom falsification to authorities. (Defendant) CUMBERLAND COUNTY LAWYER REFERRAL Cumberland County Courthouse, 4i6 Floor, Carlisle, PA 17013 717/240-6200 337606-1 MDENTON LAMM RUBENSTONE LESAVOY BUTZ & DAVID LLC By: Sherry D. Lowe, Esquire Jennifer M. Davies, Esquire Attorney I.D. Nos. 66096 & 80988 3600 Horizon Boulevard, Suite 200 Trevose, PA 19053 (215) 638-9330/(215) 638-2867 - Facsimile Attorneys for Plaintiff SOVEREIGN BANK COURT OF COMMON PLEAS Plaintiff, CUMBERLAND COUNTY, PA V. NO. 2005-6053 STANLEY M. DEIMLER, JR WRIT OF EXECUTION d/b/a LEMOYNE AUTO SERVICE, UPON A CONFESSED JUDGMENT Defendants, and CITIZENS BANK, HARRIS SAVINGS BANK, FIRST STATE BANK, PENNSYLVANIA STATE BANK, and M&T BANK, N.A., Garnishees. (Rule 2950, et seq.) MAJOR EXEMPTIONS UNDER PENNSYLVANIA AND FEDERAL LAW 1. $300 statutory exemption. 2. Bibles, schoolbooks, sewing machines, uniforms, and equipment. 3. Most wages and unemployment compensation. 4. Social Security benefits. 5. Certain retirement funds and accounts. 6. Certain veteran and armed forces benefits. 7. Certain insurance proceeds. 8. Such other exemptions as may be provided by law. 337608-1 MDENTON 07/11/2006 14:50 FAX 2152446852 Lamm Rubenstone 5211 UNITED STATES BANKRUPTCY COURT MIDDLE DISTRICT OF PENNSYLVANIA Case No. 1:06-bk-00456-MDF Chapter 13 In re: Debtor(s) (name(s) used by the debtor(s) in the last 8 years, including married, maiden, and trade): Stanley M Deimlcr Jr dba Lemoyne Auto Service 308 Wertz Avenue Lemoyne, PA 17055 ORDER DISMISSING CASE UNDER 11 M.S.C. §521(1)(1) It appearing the above-named debtor(s) has/have failed to .file documents required pursuant to the Bankruptcy Act of 2005, it is hereby, ORDERED that the case of the above named debtor(s) be and is hereby dismissed, The trustee hereby is discharged from further responsibility in this case, and it is further ORDERED that all pending actions in this case are hereby dismissed. Dated: 5/24/06 BY THE COURT United States Bankruptcy Judge U002 This document is electronically signed acrd filed on the some date, LAMM RUBENSTONE LESAV OY BUTZ & DAVID LLC By: Sherry D. Lowe, Esquire Jennifer M. Davies, Esquire Attorney I.D. Nos. 66096 & 80988 3600 Horizon Boulevard, Suite 200 Trevose, PA 19053 (215) 638-9330/(215) 638-2867 -Facsimile Attorneys for Plaintiff SOVEREIGN BANK COURT OF COMMON PLEAS Plaintiff, CUMBERLAND COUNTY, PA V. STANLEY M. DEIMLER, JR d/b/a LEMOYNE AUTO SERVICE, Defendant, and CITIZENS BANK, HARRIS SAVINGS BANK, FIRST STATE BANK, PENNSYLVANIA STATE BANK, and M&T BANK, N.A., NO. 2005-6053 PRAECIPE FOR WRIT OF EXECUTION UPON A CONFESSED JUDGMENT (Rule 2950, et seq.) Garnishees. _J INTERROGATORIES TO GARNISHEE BANK, REGARDING DEFENDANT TO: Citizens Bank 2 West Main St. Mechanicsburg, PA 17055 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. 1. At the time you were served or any subsequent time, did you owe the Defendants(s) any money or were you liable to him/her, on any negotiable or other written instrument, or did he claim that you owed him/her any money or were liable to him/her for any reason? WHASIV $ T eAN P0480 Fq?KF p S 2. At the time you were served 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 persons any property of any nature owned solely or in part by the Defendants(s)? If so, specify in detail below, including the approximate dollar value of same. W 337869-1 e 3. At the time you were served or at any subsequent time did you hold legal title to any property of any nature owned solely or in part by the Defendants(s) or in which Defendants(s) held or claimed any interest? If so, specify in detail below, including the approximate dollar value of same. ) 4. At the time you were served or at any subsequent time did you hold as fiduciary any property of any nature owned solely or in part by the Defendants(s) or in which the Defendants(s) held or claimed any interest? If so, specify in detail below, including the approximate dollar value of same. N?) 5. At any time before or after you were served did the Defendants(s) transfer or deliver any property to you or to any person or place pursuant to your direction or consent and what was the consideration therefor? Describe any such property in detail below, including the approximate dollar value of same. Q 337869-1 6. At any time before or after you were served, did you pay, transfer or deliver any money or property to the Defendants(s) or to any person or place pursuant to the direction of either of them or otherwise discharge any claim of the Defendants(s) against you? If so, specify in detail below. 0'-0 7. At any time before or after you were served, did you hold or have any safe deposit boxes, documents of title, securities, notes, coupons, receivables, collateral, checking, savings, tax, or other accounts or deposits in which the Defendants(s) has an interest? If so, specify in detail. N? 8. At any time before or after you were served did you hold or have any stocks, bonds, securities or other account(s) in which the Defendants(s) had an interest? If so, specify in detail, including the approximate dollar value of same. ?jo LAMM LESAVOY JUL 14 2006 Date: JV A-?'PIRtM M&T BANK ER 337869-1 BUTZ & DA D L C By: Jeffif! er avies, e ey Plaintiff 11 cam' r-, . G IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA SOVEREIGN BANK, Plaintiff V. STANLEY M. DEIMLER, JR. d/b/a LEMOYNE AUTO SERVICE, Defendants and CITIZENS BANK, HARRIS SAVINGS BANK, FIRST STATE BANK, PENNSYLVANIA STATE BANK, and M&T BANK, N.A., Garnishees 05_`053 No. 200&665 ENTRY OF APPEARANCE Please enter the appearance of Latsha Davis Yohe & McKenna, P.C., and the undersigned as counsel on behalf of Garnishee Pennsylvania State Bank in the above- captioned matter. Dated: lx?d Respectfully submitted, LATSHA DAVIS YOHE & MCKENNA, P.C. By VQl?o Glenn R. Davis Attorney I. D. No. 31040 1700 Bent Creek Boulevard, Suite 140 Mechanicsburg, PA 17050 (717) 620-2424 Attorneys for Garnishee Pennsylvania State Bank 109514 I . *e CERTIFICATE OF SERVICE The undersigned hereby certifies that on this date a true and correct copy of the foregoing Entry of Appearance was served in the manner indicated upon the following: Service by first-class mail addressed as follows: Jennifer M. Davies, Esq. Lamm Rubenstone LeSavoy Butz & David LLC 3600 Horizon Boulevard, Suite 200 Trevose, PA 19053 Service by certified mail addressed as follows: Stanley M. Deimler, Jr. d/b/a Lemoyne Auto Service 308 Wertz Avenue Mechanicsburg, PA 17055 Dated: I <L kvAj? Helen Samuels Legal Secretary If- _ sii IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA SOVEREIGN BANK, Plaintiff V. STANLEY M. DEIMLER, JR. d/b/a LEMOYNE AUTO SERVICE, Defendants and CITIZENS BANK, HARRIS SAVINGS BANK, FIRST STATE BANK, PENNSYLVANIA STATE BANK, and M&T BANK, N.A., Garnishees °s` 643 No.-2006=6655' GARNISHEE PENNSYLVANIA STATE BANK'S ANSWER TO INTERROGATORIES TO GARNISHEE BANK REGARDING DEFENDANT 1. No. 2. No. 3. No. 4. No. 5. No. 6. No. 7. No. S. No. Respectfully submitted, LATSHA DAVIS YOHE & MCKENNA, P.C. Dated; )sue 1r 1. By C a rvd? Glenn R. Davis Attorney I. D. No. 31040 1700 Bent Creek Boulevard, Suite 140 Mechanicsburg, PA 17050 (717) 620-2424 Attorneys for Garnishee Pennsylvania State Bank 109W 2 YEMCATION The undersigned hereby verifies that the statements of fact in the foregoing are true and correct to the best of my knowledge, information and belief. I understand that any false statements therein are subject to the penalties contained in 18 Pa. C. S. § 49041 relating to unworn falsification to authorities. Dated: 7127 1.2 David Cherrington, Vice esident Deposit Operation w CERTIFICATE OF SERVICE The undersigned hereby certifies that on this date a true and correct copy of the foregoing was served in the manner indicated upon the following: Service by first-class mail addressed as follows: Jennifer M. Davies, Esq. Lamm Rubenstone LeSavoy Butz & David LLC 3600 Horizon Boulevard, Suite 200 Trevose, PA 19053 Service by certified mail addressed as follows: Stanley M. Deimler, Jr. d/b/a Lemoyne Auto Service 308 Wertz Avenue Mechanicsburg, PA 17055 Dated: ? 116? 4 Samuels Legal Secretary ?.J ) 1. :? •? . T ll 1.... '17 ?'? ? ? t l f )?` `^ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA CIVIL DIVISION SOVEREIGN BANK Plaintiffs), vs. 2005-6053 STANLEY M DEIMLER JR. - LEMOYNE AUTO SERVICE Defendant(s), and Citizens Bank of Pennsylvania, Garnishee. ANSWERS TO INTERROGATORIES OF GARNISHEE, CITIZENS BANK The Garnishee, Citizens Bank of Pennsylvania responds as follows to the Interrogatories of the Plaintiff(s): (NUMBERS _1 to _8--J At the time of service of above-captioned Writ of Execution and to the present, Citizens Bank of Pennsylvania, provides the following Answers to Interrogatories: The Garnishee, Citizens Bank of PA, states that it maintains a checking account in the name of the Defendant, Stanley M. Deimler, Jr. d/b/a Lemoyne Auto Service, with a balance of $130.71 being held subject to this Writ of Execution. COMMONWEALTH OF PENNSYLVANIA ) SS: COUNTY OF ALLEGHENY ) Before me, the undersigned authority, a Notary Public in and for said r Commonwealth and County, personally appeared Marjorie Morris who being duly sworn according to the law deposes and says that she is the clerk, Operations Services, and that the statements set forth in foregoing Answers to Interrogatories are true and correct to the best of her knowledge, information, and belief. Marjorie Morris Sworn and subscribed before me this L-5- . _ day of /9V 6 ?e f . 2006. otary ublic COMMONWEALTH OF PENNSYLVANIA Notarial seal &uce D. Mowtpy, Notary Pubic c4 OI PitC Wgh, Allep"county My Consr pion Expires May 15, 2010 Member, Pennsylvania Association of Notaries Certificate of Service I, Marjorie Moms, hereby certify that a true and correct copy of the Answers to Interrogatories(? been served n the following by depositing it in the U. S. Mail, postage prepaid, this D day of , 2006. JENNIFER M. DAVIES, ESQ. LAMM RUBENSTONE LESAY BUTZ & DAVID LLC 3600 HORIZON BOULEVARD TREVOSE, PA 19053 STANLEY M DEIMLER, JR. DB/A LEMOYNE AUTO SERVICE IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA CIVIL DIVISION SOVEREIGN BANK, Plaintiff(s), VS. STANLEY M DEIMLER JR. - LEMOYNE AUTO SERVICE, Defendant(s), VS. Citizens Bank of Pennsylvania, Garnishee. 2005-6053 Answers to Interrogatories Code: 200 Execution Filed on Behalf of Garnishee, Citizens Bank of Pennsylvania Counsel of Record for this Parry: Nicholas Deenis, Esquire PA I.D. No. 62378 2600 One Commerce Square Philadelphia, PA 19103 - 7098 (215)-564-8142 ?' ` ?. ?? `? N ?° ? LAMM RUBENSTONE LESAVOY BUTZ & DAVID LLC By: Sherry D. Lowe, Esquire Jennifer M. Davies, Esquire Attorney I.D. Nos. 66096 & 80988 3600 Horizon Boulevard, Suite 200 Trevose, PA 19053 (215) 638-9330/(215) 638-2867 - Facsimile SOVEREIGN BANK Plaintiff, V. STANLEY M. DEIMLER, JR d/b/a LEMOYNE AUTO SERVICE, Defendant, CITIZENS BANK, HARRIS SAVINGS BANK, FIRST STATE BANK, PENNSYLVANIA STATE BANK, and M&T BANK, N.A., Garnishees. Attorneys for Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY- PA NO. 2005-6053 PRAECIPE TO DISSOLVE GARNISHMENT AGAINST GARNISHEE, PENNSYLVANIA STATE BANK TO THE PROTHONOTARY: Please mark the Garnishment filed on July 11, 2006, against Garnishee, Pennsylvania State Bank, DISSOLVED with regard to the above-captioned matter. Respectfully submitted, LAMM RUBENSTONE LESAVOY BUTZ & DAVID LLC By: v Esquire Dated: 339836-1 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA SOVEREIGN BANK,. Plaintiff V. No. 2006-6053. STANLEY M. DEIMLER, JR. d/b/a LEMOYNE AUTO SERVICE, Defendants and CITIZENS BANK, HARRIS SAVINGS BANK, FIRST STATE BANK, PENNSYLVANIA STATE BANK, and M&T BANK, N.A., Garnishees GARNISHEE PENNSYLVANIA STATE BANK'S ANSWER TO INTERROGATORIES TO GARNISHEE BANK REGARDING DEFENDANT 1. No. 2. No. 3. No. 4. No. 5. No. 6. No. 7. No. 8. No. Respectfully submitted, LATSHA DAVIS YOHE & MCKENNA, P.C. Dated: By GQaZQd? Glenn R. Davis Attorney I. D. No. 31040 1700 Bent Creek Boulevard, Suite 140 Mechanicsburg, PA 17050 (717) 620-2424 Attorneys for Garnishee Pennsylvania State Bank 109542 2 VERIFICATION The undersigned hereby verifies that the statements of fact in the foregoing are true and correct to the best of my knowledge, information and belief. I understand that any false statements therein are subject to the penalties contained in 18 Pa. C. S. § 4904, relating to unworn falsification to authorities. Dated: '7/2-F /-200-6 David Cherrington, Vice esident Deposit Operations CERTIFICATE OF SERVICE The undersigned hereby certifies that on this date a true and correct copy of the foregoing was served in the manner indicated upon the following:. Service by first-class mail addressed as follows: Jennifer M. Davies, Esq. Lamm Rubenstone LeSavoy Butz & David LLC 3600 Horizon Boulevard, Suite 200 Trevose, PA 19053 Service by certified mail addressed as follows: Stanley M. Deimler, Jr. d/b/a Lemoyne Auto Service 308 Wertz Avenue Mechanicsburg, PA 17055 Dated:- Helen Samuels Legal Secretary _ n 7k a a A' r, -? LAMM RUBENSTONE LESAVOY BUTZ & DAVID LLC By: Sherry D. Lowe, Esquire Jennifer M. Davies, Esquire Attorney I.D. Nos. 66096 & 80988 3600 Horizon Boulevard, Suite 200 Trevose, PA 19053 (215) 638-9330/(215) 638-2867 - Facsimile Attorneys for Plaintiff SOVEREIGN BANK COURT OF COMMON PLEAS Plaintiff, CUMBERLAND COUNTY, PA V. STANLEY M. DEIMLER, JR N0.2005-6053 d/b/a LEMOYNE AUTO SERVICE, Defendant, CITIZENS BANK, HARRIS SAVINGS BANK, FIRST STATE BANK, PENNSYLVANIA STATE BANK, and M&T BANK, N.A., Garnishees. PRAECIPE TO DISSOLVE GARNISHMENT AGAINST GARNISHEE, M&T BANK TO THE PROTHONOTARY: Please mark the Garnishment filed on July 11, 2006, against Garnishee, M&T Bank, DISSOLVED with regard to the above-captioned matter. Respectfully submitted, LAMM RUBENSTONE LESAVOY BUTZ & DAVID LLC i By: Jenn' a ' s, Esquire orney or zntii f Dated: 8/9/06 340201-1 LAMM RUBENSTONE LESAVOY BUTZ & DAVID LLC By: Sherry D. Lowe, Esquire Jennifer M. Davies, Esquire Attorney I.D. Nos. 66096 & 80988 3600 Horizon Boulevard, Suite 200 Trevose, PA 19053 (215) 638-9330/(215) 638-2867 - Facsimile Attorneys for Plaintiff SOVEREIGN BANK COURT OF COMMON PLEAS Plaintiff, CUMBERLAND COUNTY, PA V. STANLEY M. DEIMLER, JR N0.2005-6053 d/b/a LEMOYNE AUTO SERVICE, Defendant, CITIZENS BANK, HARRIS SAVINGS BANK, FIRST STATE BANK, PENNSYLVANIA STATE BANK, and M&T BANK, N.A., Garnishees. CERTIFICATE OF SERVICE I, Monique D. Denton, Esquire, do hereby certify that I caused a true and correct copy of the Praecipe to Dissolve Garnishment Against Garnishee, M&T Bank, to be served this date by first-class mail, postage prepaid, as follows: Talia S. Palmer M&T Bank Legal Document Processing P.O. Box #844 Buffalo, NY 14240 LAMM RUBENSTONE LESAVOY BUTZ & DAVID LLC By: Monique D. Denton Paralegal to Jennifer M. Davies, Esquire Dated: 8/9/06 340201.1 1.1 ?1 N 2 O o - n CT w m `4 o i .{ N i e LAMM RUBENSTONE LESAVOY BUTZ & DAVID LLC By: Sherry D. Lowe, Esquire Jennifer M. Davies, Esquire Attorney I.D. Nos. 66096 & 80988 3600 Horizon Boulevard, Suite 200 Trevose, PA 19053 (215) 638-93301(215) 638-2867 - Facsimile Attorneys for Plaintiff SOVEREIGN BANK COURT OF COMMON PLEAS Plaintiff, CUMBERLAND COUNTY, PA V. STANLEY M. DEIMLER, JR NO. 2005-6053 d/b/a LEMOYNE AUTO SERVICE, Defendant, CITIZENS BANK, HARRIS SAVINGS BANK, FIRST STATE BANK, PENNSYLVANIA STATE BANK, and M&T BANK, N.A., Garnishees. PRAECIPE TO DISSOLVE GARNISHMENT AGAINST GARNISHEE, CITIZENS BANK TO THE PROTHONOTARY: Please mark the Garnishment filed on July 11, 2006, against Garnishee, Citizens Bank, DISSOLVED with regard to the above-captioned matter. Respectfully submitted, LAMM RUBENSTONE LESAVOY BUTZ & DAVID LLC By: avies, Esquire AAttorn Plaintiff Dated: 8/10/06 340253.1 (215) 638-9330/(215) 638-2867 - Facsimile Attorneys for Plaintiff SOVEREIGN BANK COURT OF COMMON PLEAS LAMM RUBENSTONE LESAVOY BUTZ & DAVID LLC By: Sherry D. Lowe, Esquire Jennifer M. Davies, Esquire Attorney I.D. Nos. 66096 & 80988 3600 Horizon Boulevard, Suite 200 Trevose, PA 19053 Plaintiff, V. STANLEY M. DEIMLER, JR d/b/a LEMOYNE AUTO SERVICE, Defendant, CITIZENS BANK, HARRIS SAVINGS BANK, FIRST STATE BANK, PENNSYLVANIA STATE BANK, and M&T BANK, N.A., Garnishees. CUMBERLAND COUNTY, PA NO. 2005-6053 CERTIFICATE OF SERVICE I, Monique D. Denton, Esquire, do hereby certify that I caused a true and correct copy of the Praecipe to Dissolve Garnishment Against Garnishee, Citizens Bank, to be served this date by first-class mail, postage prepaid, as follows: Marjorie Morris Citizens Bank Operation Services 153-2618 525 William Penn Place Pittsburgh, PA 15219-1725 Nicholas Deenis, Esquire 2600 One Commerce Square Philadelphia, PA 19103-7098 LAMM RUBENSTONE LESAVOY BUTZ & DAVID LLC Dated: 8/10/06 By: Y r DW Monique D. Denton Paralegal to Jennifer M. Davies, Esquire 340253-1 G 0 G 4? Q rn ?t t R. Thomas Kline, Sheriff, who being duly sworn according to law, states this Writ is returned Expired. Sheriff's Costs: Docketing 18.00 Poundage 6.26 Advertising Law Library Prothonotary 1.00 Mileage 29.04 Misc. Surcharge 120.00 Levy 100.00 Post Pone Sale Certified Mail Postage Garnishee TOT 45.00 ? 6 AL 319.30 Advance Costs: 450.00 Sheriff's Costs 319.30 130.70 Refunded to Atty on 02/23/07 So Answers;. R. Thomas Kline, Sheriff 6 eb ??` 575 i ,s 7o 7 l? and to notify the garnishee that (a) an attachment has been issued; (b) the garnishee is enjoined from paying any debt to or for the account(s) of the defendant (s) and from delivering any property of the defendants or otherwise disposing thereof. (3) If property of the defendant not levied upon and subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him that he has been added as a garnishee and is enjoined as above stated. Pa.R.C.P. 2958: Date Judgment Entered: 11/23/2005 Date of Affidavit of Mailing: 12/19/2005 (4) Amount due $ 10,927.54 Interest from November 23, 2005 x$2.77236 per diem $ Costs to be added $ 170.46, p l -li.?4Y Total $ PROTHONOTARY (, 00 Date: 1 o By: Depqi? Prothonotary 337608-1 MDENTON r, 16 SHERIFF'S RETURN - GARNISHEE CASE NO: 2005-06053 P COMMONWEALTH OF PENNSLYVANIA COUNTY OF CUMBERLAND SOVEREIGN BANK VS DEIMLER STANLEY M JR DBA LEMOY And now CPL. TIMOTHY REITZ ,Sheriff or Deputy Sheriff of Cumberland County of Pennsylvania, who being duly sworn according to law, at 0016:00 Hours, on the 17th day of July , 2006, attached as herein commanded all goods, chattels, rights, debts, credits, and moneys of the within named DEFENDANT , DEIMLER STANLEY M JR D/B/A LEMOYNE AUTO SERVICE in the hands, possession, or control of the within named Garnishee CITIZENS BANK 2 WEST MAIN ST MECHANICSBURG, PA 17055 Cumberland County, Pennsylvania, by handing to HOLLY L. MECKLER (ASST MANG) personally three copies of interogatories together with 3 true and attested copies of the within WRIT OF EXECUTION and made the contents there of known to Her . Sheriff's Costs: So answers: Docketing .00 Service .00 Affidavit .00 1 Surcharge .00 Sheriff of Cumberland County .00 . 0 0 k/j/,01f 0 07/19/2006 Sworn and Subscribed to before me this day of By ' p iii?y Shier ' f A.D SHERIFF'S RETURN - GARNISHEE CASE NO: 2005-06053 P COMMONWEALTH OF PENNSLYVANIA COUNTY OF CUMBERLAND SOVEREIGN BANK VS DEIMLER STANLEY M JR DBA LEMOY And now CPL. TIMOTHY REITZ ,Sheriff or Deputy Sheriff of Cumberland County of Pennsylvania, who being duly sworn according to law, at 0016:05 Hours, on the 17th day of July , 2006, attached as herein commanded all goods, chattels, rights, debts, credits, and moneys of the within named DEFENDANT DEIMLER STANLEY M JR D/B/A LEMOYNE AUTO SERVICE hands, possession, or control of the within named Garnishee PENNSYLVLANIA STATE BANK 91 CUMBERLAND PKWY MECHANICSBURG, PA 17055 Cumberland County, Pennsylvania, by handing to . in the SHIRLEY WIRFEL (ASST MANAGER) personally three copies of interogatories together with 3 true and attested copies of the within NOTICE the contents there of known to Her . and made Sheriff's Costs: So answers: Docketing .00 Service .00 Affidavit .00 R. Thomas Kline Surcharge .00 Sheriff of Cumberland County .00 ??/Un /6 7 . 00 07/19/2006 _ Sworn and Subscribed to before me this day of By ;° De u Sheri f A.D SHERIFF'S RETURN - GARNISHEE CASE NO: 2005-06053 P COMMONWEALTH OF PENNSLYVANIA COUNTY OF CUMBERLAND SOVEREIGN BANK VS DEIMLER STANLEY M JR DBA LEMOY And now CPL. TIMOTHY REITZ Sheriff or Deputy Sheriff of Cumberland County of Pennsylvania, who being duly sworn according to law, at 0014:27 Hours, on the 17th day of July , 2006, attached as herein commanded all goods, chattels, rights, debts, credits, and moneys of the within named DEFENDANT , DEIMLER STANLEY M JR D/B/A LEMOYNE AUTO SERVICE in the hands, possession, or control of the within named Garnishee M & T BANK 1 WEST HIGH ST WY CARLISLE, PA 17013 Cumberland County, Pennsylvania, by handing to HEIDI DEAGOSTINO (BRANCH MANAGER) , personally three copies of interogatories together with 3 true and attested copies of the within NOTICE and made the contents there of known to Her Sheriff's Costs: So answers: Docketing .00 Service .00 0 e.. Affidavit .00 R. Thomas Kline Surcharge .00 Sheriff of Cumberland County .0.00 ? 3 f oT?b 7 071/19/2006 Sworn and Subscribed to before me this day of By D uty Sh iff A.D SHERIFF'S RETURN - GARNISHEE CASE NO: 2005-06053 P COMMONWEALTH OF PENNSLYVANIA COUNTY OF CUMBERLAND SOVEREIGN BANK VS DEIMLER STANLEY M JR DBA LEMOY And now R. THOMAS KLINE Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, at 0016:28 Hours, on the 17th day of July , 2006, attached as herein commanded all goods, chattels, rights, debts, credits, and moneys of the within named DEFENDANT DEIMLER STANLEY M JR D/B/A LEMOYNE AUTO SERVICE in the hands, possession, or control of the within named Garnishee NOT SERVED HARRIS SAVINGS BANK NO LONGER IN BUSINESS UNABLE TO LOCATE BRANCH IN CUMBERLAND CO, Cumberland County, Pennsylvania, by handing to personally true and attested copies of the within WRIT OF EXECUTION and made the contents thereof known to Her . Sheriff's Costs: So answers: Docketing .00 Service .00 ;P0001 ?o Affidavit .00 124?? Surcharge .00 R. Thomas Kline .00 S- riff of Cumberland County .00 ,/3?u7107 , 0 7 / 19 2 0 0 By Sworn and Subscribed to before me Deputy Sheriff this Day of , A. D. SHERIFF'S RETURN - GARNISHEE CASE NO: 2005-06053 P COMMONWEALTH OF PENNSLYVANIA COUNTY OF CUMBERLAND SOVEREIGN BANK VS DEIMLER STANLEY M JR DBA LEMOY And now R. Thomas Kline ,Sheriff or Deputy Sheriff of Cumberland County of Pennsylvania, who being duly sworn according to law, at 0008:00 Hours, on the 8th day of August , 2006, attached as herein commanded all goods, chattels, rights, debts, credits, and moneys of the within named GARNISHEE FIRST STATE BANK hands, possession, or control of the within named Garnishee PER PLACARD ON PREVIOUS LOC OF: 507 N. YORK ST, MECH BANK IS NOW LOCATED AT: 660 CENTRA AVE BARBERSVILLE, WV 25504 Cumberland County, Pennsylvania, by handing to , in the personally three copies of interogatories together with 3 and attested copies of the within WRIT OF EXECUTION the contents there of known to His . Sheriff's Costs: Docketing Service Affidavit Surcharge Sworn and Subscribed to before me this true and made So answ r .00 00 ? .00 ?000) ?90'0 ? .00 R. Thomas Kline .00 Sheriff of Cumberland County .00 . 00 ? ?lv 08/08/2006 day of By Deputy Sheriff , A.D