The URL can be used to link to this page

Home My WebLink About06-2523 HARVEY. PENNINGTON LTD. Robert J. Murtaugh, Esq.lRon L. Woodman, Esq. Attorney Id. Nos. 57494/88450 1835 Market Street, 29th Floor Philadelphia, P A 19103-2989 Telephone: (215) 563-4470 Facsimile: (215) 568-1044 Attorneys for Plaintiff, Citizens Bank CITIZENS BANK 525 William Penn Place, 27th Floor Pittsburgh, PA 15219 COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA CIVIL ACTION - LAW Plaintiff, v. LEONARD R. CARD, Individually and d/b/a CUSTOM SHOE REPAIR 328 Market Street Lemoyne, PA 17043 Defendants. No. C~ -.2S;;[J Cj L~~ L~JUT") NOTICE TO DEFEND You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. 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. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. 739888_1 CUMBERLAND COUNTY BAR ASSOCIATION LAWYER REFERRAL SERVICE COURT ADMINISTRATOR CUMBERLAND COUNTY COURTHOUSE ONE COURTHOUSE SQUARE CARLISLE, P A 17013 TELEPHONE: (570) 240-6200 A VISO Le han demandado a usted en 1a corte. Si usted qui ere defedarse de estas demandas expuestas en las paginas sigulentes, usted tiene viente (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Hace falta asentar una comparesencia ascrita 0 en persona o con un abogado y entregar a 1a corte en forma asorica sus defenses 0 sue objeciones alas demandas en contra de su persona. Sea avisado qua si usted no se defiende, la corte tomara medidas y pueda continuar la demanda en contra suya sin previo aviso 0 notificacion. Ademas, la corte pueda decidir a favor del demandante y requiere que usted cumpia con todas las provisiones de esta demanda. Usted puede perder dinaro 0 sus propiedades U ostros derechos importantes para usted. CUMBERLAND COUNTY BAR ASSOCIATION LAWYER REFERRAL SERVICE COURT ADMINISTRATOR CUMBERLAND COUNTY COURTHOUSE ONE COURTHOUSE SQUARE CARLISLE, PA 17013 TELEPHONE: (570) 240-6200 , HARVEY. PENNINGTON, LTD. By: 4/// - Co lc c~ :.. Robert J. Murtaugh, Esquire Ron L. Woodman, Esquire Attorneys for Plaintiff, Citizens Bank l,/ / Date: April -1.E..., 2006 739888_1 HARVEY, PENNINGTON LTD. Robert J. Murtaugh, Esq./Ron L Woodman, Esq. Attorney Id. Nos. 57494/88450 1835 Market Street, 29th Floor Philadelphia, PA 19103-2989 Telephone: (215) 563-4470 Facsimile: (215) 568-1044 Attorneys for Plaintiff, Citizens Bank CITIZENS BANK 525 William Penn Place, 27th Floor Pittsburgh, PA 15219 COURT OF COMMON PLEAS CUMBERLAND COUNTY, P A CNIL ACTION - LAW Plaintiff, v. LEONARD R. CARD, Individually and d/b/a CUSTOM SHOE REPAIR 328 Market Street Lemoyne, P A 17043 No. Ol,- ,JS.J3 ~ 'It>>- Defendants. COMPLAINT NOW COMES the Plaintiff in the above-captioned matter, Citizens Bank, by and through its attorneys, Harvey, Pennington Ltd., and files the following Complaint: I. Plaintiff, Citizens Bank ("Citizens Bank") is a Banking Corporation authorized to do business in the Commonwealth of Pennsylvania with offices located at 525 William Penn Place, 27th Floor, Pittsburgh, PA 15219. 2. Defendant, Leonard R. Card ("Mr. Card") is an adult individual with his principal residence located at 328 Market Street, Lemoyne, P A 17043, and at all times relevant hereto was the sole proprietor of a business known as Custom Shoe Repair ("CSR"). 3. On or about April 1, 2005, Mr. Card borrowed $12,600.00 from Citizens Bank (the "Loan"), and executed and delivered a SBA Express Commercial Line Note ("Note") evidencing the Loan. A true and correct copy of the Note is attached hereto, made a part hereof and marked Exhibit "A". 739888_1 4. Citizens Bank is the current holder of the Note and same has not been further assigned. 5. The Note provided for repayment of the principal amount borrowed with interest at the annual rate of 5.75% in regular monthly installments of $242.13 beginning May I, 2005 and monthly thereafter with a final payment of the full balance due on April I, 2010. 6. Defendant breached the terms and conditions ofthe Note and became in default thereof, by reason of his failure to make the monthly payments that became due. 7. As a result of the aforesaid default, Citizens Bank has chosen to accelerate all amounts owed under the terms of the Note and demand payment in fulL 8. Despite demand for same, Defendant has failed to pay an10unts owed to Citizens Bank and is obligated and liable to Citizens Bank for the following: Principal Balance Accrued Interest to 04/07/2006 Late Fees Attorneys Fees (5%) Total Due $10,408.84 7.54 245.00 520.82 $11.182.20 Interest and late fees continue to accrue from and after April 7, 2006 at the rate of $1.63 per day in accordance with the terms of the Note. 9. Other than as specifically set forth above, if any, there have been no assignments of the Note. 739888_1 WHEREFORE, Plaintiff, Citizens Bank, demands the entry of a judgment in its favor, and against the Defendant, Leonard R. Card, Individually and d/b/a Custom Shoe Repair, in the amount of$II,182.20, plus continually accruing interest, currently at 5.75% per annum or $1.63 per day from April 7, 2006, plus reasonable attorneys fees, costs of suit and such other and further relief as this court deems just and proper. Respectfully submitted, ., HARVEY. PEr'lNINGTON, LTD. ,1., By: /' ". 'I'.! ... ,/' " /i' " .?. ',/ /' ,L d I . "... 1/ / ,I i ''r., .' . I Robert J. Murtaugh, Esquire -.Pa. Id. No.: 57494 Ron L. Woodman, Esquire Pa. Id. No.: 88450 1835 Market Street, 29th Floor Philadelphia, P A 19103-2989 Telephone: (215) 563-4470 Facsimile: (215) 568-1044 Attorneys for Plaintiff, Citizens Bank Date: April.7( , 2006 739888_1 EXHIBIT "A" t: CITIZENS BANK c)&5 !1SS- 70 J..c( -U((:'I ~)< ;JO;J.6J?06o-'l'l!V Borrower(s) Name and Address: LEONARD R. CARD DBA CUSTOM SHOE REPAIR 328 MARKET STREET LEMOYNE, PA 17043 Date: 04/01/2005 Interest Rate: .5.750 % Principal Amount: $ 12.600.00 LENDER: D Citizens Bank of Rhode Island 1 Citizens Plaza Providence, RI 02903 D CItizens Bank New Hampshire 875 Elm Street Manchester, NH 03101 =x Citizens Bank of Pennsylvania ~ 1735 Market Street Philadelphia, PA 19103 D Citizens Bank of Connecticut 63 Eugene O'Neill Drive New london, CT 06320 D Citizens Bank of Massachusetts 28 State Street Boston, MA 02109 D Citizens Bank 919 North Market Street, Suite 200 Wilmington, DE 19801 COMMERCIAL NOTE - Fixed PROMISE TO PAY: FOR VALUE RECEIVED, the undersigned (the "Borrower") promises to pay to the order of the lender named above (the "Lender") the Principal Amount shown above, or such lesser amount as may be outstanding hereunder, plus interest, costs and fees as described herein, FIXED RATE: The interest rate on this Note is fixed at the Interest Rate per annum set forth above. Interest shall accrue on the Principal Amount from the date of this Note until paid in fulL Interest shall be computed on the basis of actual days elapsed over a 365~day year. In the event of a default (as defined below), Lender may declare that interest shall accrue on this Note at the Default Rate, as provided for in the section below regarding "Powers Upon Default." PAYMENT SCHEDULE: Borrower shall pay thc principal and interest according to thc following schedule: 60 ---- Equal monthly payments of $ 242.13 commencmg on 05/01/2005 and on the same date of each month thereafter. Borrower shall pay in full any remaining principal and interest on 04/01/2010 (the "Maturity Date"). If the Borrower pays the Lender with a check or similar instrument that has notations or instructions on or with the check, the Borrower agrees that (i) the Lender may ignore those notations and instructions except as expressly provided below; and Oi) Lender may credit any payment i~ receives to this Note (including a check), and crediting of that payment ,...'ill not mean that Lender has agreed to any notations or instructions on or with that i='aym~nt. If Borrowcr \vants to pay the outstanding balance of this Note in full with a check or similar instmment that has such special notations or instructions on it or with it, Borrower must send the payment (including special notations or instruction) to: Citizens Bank, Commercial Loan Operations, 1 Citizens Drive, Riverside, RI 02915. If any such payment in full is received at any other address, (i) Lender may ignore any special notations or instructions, and (ii) Lender's crediting of any such check or other instrument to this Note does not mean that Lender has agreed to the special notations or instructions. If you have so indicated on the Application and have completed an authorization on the form we provided to you, you authorize us to debit your Citizens Bank business checking account with us for all sums (including, without limitation, principal, interest and fees) payable under this Note and the Loan Documents (as defined below); provided, however, that this provision shall not obligate us to create or allow any overdraft, and further provided that such authority shall not relieve you of the obligation to assure that payments arc made when due if there are not sufficient good funds in your account. You Wlderstand that in exchange for your authorization to deduct your payments from your CommercialLoanNoteFixed Re\', 12/02 Page 2 checking account we have reduced the lnterest Rate payable under this Note by one percent (1 %). If you close your checking account, if you revoke your authorization to debit payments from your checking account, or jf automatic payments are otherwise terminated for any reason, we have the right to increase the Interest Rate disclosed at the beginning of this Note by one percent (l %), without any prior notice to you. Unless payments are made by automatic debit of your checking account, you must make payments to Lender at the address on the billing statement in lawful currency of the United States of America. PREPAYMENT. This Nott: may be prepaid in part or in full at any time without penalty. LATE FEE: If any payment of principal or interest due hereunder is not paid within ten (10) days of the due dflle. Lender may require Borrower to pay a late fee equal to five percent (5%) of the overdue amount or $35.00. \vhichever is greater. in additioI1 to and not in lieu of further accrual of interest on any overdue amount. For busine._s purpose loans to non~corporation borrowers in amounts less than or equal to $] 0,000, the lender may assess a delinquency charge of twenty dollars ($20) OT ten percent (10%) of each installment or payment, whichever is higher, which is in default for more than 15 days. SECURITY: This Note is secured by all collateral described in the Business Loan and Security Agreement by and between Borrower and Lender dated as of even or near even date herewith (the "Loan Agreement"), together with all securities or other property of BorroweT now or hereafter held by Lender and all deposits (other than IRA accounts) of Borrower held by Lender. Borrower gives Lender an express ~jght of setoff against any such deposit accounts. BUSINESS LOAN AND SECURITY AGREEMENT: This Note is subject to the tenns and entitled to the benefits of the I.oan Agreement. In the event there is any inconsistency between the provisions of this Note and tbe provisions of the Loan Agreement, the provisions of this Note shall govern. This Note, the Loan Agreement. and every other document executed in connection therewith arc referred to in this Note as the "Loan Documents." Borrower's obligations under the Loan Documents are referred to in this Note as the "Obligations". EVENTS OF DEFAULT: The following shall be events of default under this Note (each referred to herein as a "Default"): (I) Failure by Borrower, or hy any co~ohligor, endorser, guarantor or surety for or under any of the Oblig<:ltiolls (each referred to herein as a "Co-Obligor"), to make full and prompt payment when due, of any amount required to he paid to Lender under any of the Loan Documents or any other agreement; (2) Failure hy Borrower or any Co-Obligor to perform, keep or observe any other term. provision, condition. covenant, agreement. warranty or representation contained in any of the Loan Documents or any other agreement with or in favor of Lender, which failure continues for ten (10) days after notice thereof by Lender to the person or entity required to perform, keep or observe such term, provision, condition, covenant, agree.nent. warranty or representation; (3) If any representation, statement, report or certificate made or delivered by Borrower or any Co-Obligor is false or iI1correct in any material respect when made or delivered; (4) If any attachment trustee process, lien. execution, levy, injunction, or receivership issued or made against the Borrower. any Co-Obligor or any Collateral securing the Obligations (referred to herein as "Collatcral") is not removed within thirty (30) days or if any final judgment and execution issued against Borrower or any Co-Obligor remains unsatisfied for thirty (30) days: (5) The entry of a decree or order for relief with respect to the Borrower or any Co-Obligor in an involuntary case under the federal bankruptcy law, as now or hereafter constituted, or any other applicable federal or state bankruptcy. insolvency or other similar law, or appointing a receiver, liquidator, trustee, custodian (or similar official) of or for thc Borrower or any Co-Obligor, or ordering the winding-up or liquidation of it~ affairs which is not promptly contested and released or discharged within sixty (60) days; (6) The commencement by the Borrower or any Co-Obligor of a voluntary case under the federal bankruptcy law, as now con&tituted or hereafter amended, or any other applicable federal or state bankruptcy. insolvency or other similar law. or the consent by Borrower or any Co-Obligor to the appointment of or taking possession by a receiver, liquidator, trustee, custodian (or similar official) of or for the Borrower or any Co-Obligor or for any substantial part of its property, or the making by Borrower or any Co-Obligor of any assignment for the benefit of ~reditors, OT the insolvency or the failure of the Borrower or any Co-Obligor generally to pay its debts as such debts hecome due, or the taking of action by the Borrower or an). Co-Obligor in furtherance of any of the foregoing; Page 3 (7) Loss or destruction of or substantial damage to any material portion of any Collateral for this Note; (8) Default which has not been cured during any applicable cure period in the prompt payment, performance or observance of any ternJ, provision, condition, covenant, warranty or representation set forth in any mortgage, lien or encwnbrall',;e affecting the Collateral, whether OI not such mortgage,lien or encumbrance is senior or junior to Lender's interest therein and whether or not such mortgage, hen or encumbrance has been consented to by Lender, provided, however, that nothing herein shall be deemed to be a consent by Lender, implied or otherwise, to the granting of any mortgage, lien or encumbrance on the Collateral; or (9) Such a change in the condition or affairs (fmancial or otherwise) of the BOITower or any Co-Obligor, or decline in the value of the Collateral as, in the opinion oflhe Lender. materially impairs the Lender's security or increases its risk or if the l.cnder in good faith deems itself insecure. POWERS UPON DEF AUL T: Upon the occurrence of any Default or at any time thereafter, Lender may, at its option, witheut notice or demand, do anyone or more of the following, in addition to any other right or remedy that Lender may have at law or in equity or given to Lender under any of the Loan Documents. all of which are hereby authorized by Borrower: (1) Declare the Obligations immediately due and payable; (2) Cease advancing money or extending credit to or for the benefit of the Borrower under any agreement; (3) Set-off against any and all deposits (other than IRA accounts), accounts, certificate of deposit balances, claims, or other sums at any time credited by or due from the Lender to the Borrower and against all other property of Borrower in the possession of Lender or under its control~ (4) Realize immediately upon any Collateral; (5) Declare that intcrest shall accrue 0:1 this Note at a rate (the "Default Rate") equal to the lesser of (1) the sum of the Interest Rate identified above, plus four percent (4%); and (ii) the maximum interest rate imposed by applicable law. . COLLECTION EXPENSES: The Borrower agrees to pay all actual costs of collection and attempted collection, including, without limitation: (I) those expenses incurred or paid to protect, preserve, coLLect, lease, sell, repair, improve. advertise, locate, take possession of, liquidate or otherwise deal with any Collateral for this Note, (2) expenses of dealing with any person or entity in any bankruptcy proceeding, (3) all out-of-pocket expenses incurred by the Lender for the Lender's attorney and paralegal fees, disbursements, and costs, all at such rates and with respect to such services as the Lender in its sole discretion may eject to pay (as such rates may vary from time to time during the course of the performance of such services) including the costs of attorneys who are employees of the Lender, and (4) the costs of appraisers, engineers, investment bankers, environmental consultants and other experts that may be retained by the Lender in connection with such collection efforts. Such costs will be added to the unpaid balance of the loan. WAIVER OF RlGHTS: The Borrower waives the rights of demand, protest, notice of acceptance of this Note, notice of default or dishonor, presentment, notice of loans made, credit extended, collateral received or delivered or other action taken by the Lender hereunder and all other demands and notices of any description. MULTIPLE BORROWERS: In the event that the word "Borrower" refers to more than one person or entity, all representations and obligations under this Note shall be joint and several. LENDER'S RJGHTS: The Lender shall not be deemed to have waived any of its rights under this Note or otherwise unless such waiver is in writing and signed by the Lender. Lender's failure to require strict per10rmance of the terms, covenants and agreements of this Note or any other of the Loan Documents, or any delay or omission on the part of the Lender in exercising any right, or any acceptance of partial or adequate payment or performance shaH not waive, affect or diminish such right or Borrower's duty of compliance and performance therewith. A waiver on anyone occasion shall not be construed as a bar to or waiver ofthe same or auy other right on the same or any future occasion. AU rights and remedies of the Lender under this Note or any other of the Loan Documents, shall be clUllulative and may be exercised singularly or concurrently. This Note may be negotiated, extended or renewed by the Lender without releasing the BOITO\ver or any Co-Obligor. Page 4 GOVERNING I~A \V; SEVERABILITY: This Note shall be construed in all respects. in accordance with, and governed by, the internal laws of the State set forth in Lender's address, above (the "State"). Whercver possible, each provision of this Note shall be interpreted in such manner as to be effective and valid under applicable law, but if any provisions of this Note shall be prohibited by or invalid under applicable law, such provision shall bc ineffective to the extent of such prohibition or invalidity, without invalidating the remainder of such provision or the remaining provisions of this Note. This Note has been delivered to Lender and accepted by Lender in the State. If there is a lawsuit involving this Note, Borrower herd'y irrevocably submits to the jurisdiction of the courts of the State (and the federal courts located in the State). MODIFICATION: This Note may no1 be altered or amended except by an agreement in writing signed by both Lender and Borrower. APPLICATION OF PA YMENT: Borrower irrevocably waives the right to direct the application of any and all payments at any time or times hereafter received by Lender from Borrower, or from any other source, and Borrower does hereby irrevocably agree that Lender shall have the continuing exclusive right to apply and reapply any and all payments received at any time or times hereafter against the Obligations in such manner as Lender may deem advisable. ASSIGNMENT; SllCCESSORS AND ASSIGNS: Borrower shall not be entitled to assign any of its rights or obligations under this Note without Lender's prior written consent. Lender shall be entitled to assign some or all of its rights under this Note without notice to or consent of Borrower. This Note shall be binding upon and inure to the benefit of Borrower, Lender and their respective successors, assigns, trustees, receivers. administrators, personal representatives, legatees and devisees. WAIVER OF JllRY TRIAL: t ENDER AND BORROWER EXPRESSLY AND VOLUNT ARIL Y W AIVL ANY AND ALL RIGHTS, WHETHER ARISING UNDER THE UNITED STATES OR ANY STATE CONSTITUTION, ANY RULES OF CIVIL PROCEDURE. COMMON LAW OR OTHERWISE, TO DEMAND A TRIAL BY nJRY IN ANY ACTION, LAWSUIT, PROCEEDING, COUNTERCLAIM OR ANY OTHER UllGATION PROCEDURE BASED UPON, OR ARISING OUT OF. TillS NOTE OR TilE LOAN DOCUMENTS, ANY AGREEMENTS ARISING UNDER OR RELATlNG TO 1111S NOTE, ANY COLLATERAL SECURING THE . OBLIGATIONS. OR THE DEALINGS OR RELA TIONSIIlPS BETWEEN OR AMONG LENDER AND BORROWER. OR ANY OF THEM. NEITHER LENDER NOR BORROwER. INCLUDING ANY ASSIGNEE OR SUCCESSOR OF LENDER OR BORROWER, SHALL SEEK A JURY TRIAL IN ANY SUCH ACTION NEITHER LENDER NOR nORROWER SHALL SEEK TO CONSOLIDATE ANY SUCH ACTION WITH ANY OTHER ACTION WHEN A JURY TRIAL CANNOT BE OR HAS NOT BEEN WAIVED. THESE PROVISIONS SHALL BE SUBJECT TO NO EXCEPTIONS. NEITHER LENDER NOR BORROWER HAS IN ANY WAY AGREED WITH OR REPRESENTED TO THE OTHER THAT THE PROVISIONS OF THIS PARAGRAPH WILL NOT BE FULLY ENFORCED IN ALL lNST ANCES, BORROWER EXPRESSLY AGREES THAl TilE INTEREST RATES SPECIFIED IN TIllS NOTE SHALL BE THE APPLICABLE INTEREST RATES DUE (A) ON AMOUNTS OUTSTANDING DURING THE TERM OF THIS NOTE. SUBJECT TO THE MAXIMUM RATE PRESCRIBED ABOVE, AND (B) WITH RESPECT TO ANY AMOUNT OUTSTANDING ON AND AFTER THE MA TlJRlTY DATE OF THIS NOTE \VAIVER: If the "State" (as defined above) is Connecticut, the following applies: BORROWER ACKNOWLEDGES THAT THE TRANSACTION OF WHICH THIS AGREEMENT IS A PART IS A COMMERCIAL TRANSACTION AND TO THE EXTENT ALLOWED UNDER CONNECTICUT GENERAL ST A ruTES SECTIONS 52.278. TO 52.278n, INCLUSIVE. OR BY OTHER APPLICABLE LAW, BORROWER WAIVES ANY RIGHTS THAT BORROWER HAS TO NOTICE AND HEARING WITH RESPECT TO ANY PREJUDGMENT REMEDY WHICH LENDER, OR ITS SUCCESSORS OR ASSIGNS, MAY DESIRE TO USE; AND BORROWER FURTHER WAIVES ANY REQUIREMENT THAT LENDER POST A BOND OR OTHER SECURITY IN CONNECTION WITH SUCH PREJUDGMENT REMEDY. If the address for the Borrower is Maine, the following notice applies: Notice. Under Maine law, no promise, contract or agreement to lend money, extend credit, forbear from collection of a debt or make any other accommodation for the repayment of a debt for more than $250,000 may be enforced in court against Lender, unless the promise, contract or agreement is in writimz and ~ bv Lender. Accordingly, Borrower cannot enforce any oral promise to extend credit unless it is contained in a written document signed by Lender, nor can any change, forebearance, or other accommodation relating to any extension of credit by Lender to Borrower be enforced, unless. it is ill writinl' si~ed bv Lender. '~} -".:,,:-1 Page 5 Possession: CONFESSION OF JUDGMENT: If the collateral address is Pennsylvania, the following applies: Grantee may enter upon and take possession of the Premises with or without legslaction, and by force if necessaQ', collect therefrom all rentals (which term shall also include sums payable for use and occupation) and, after deducting all costs of collection and administration expense, apply the net rentals to anyone or more of the following items in such manner and in such order of priority as Grantee, in Grantee's sole discretion, may elect: the payment of any sums due under any prior lien, taxes, water and sewer rents, charges and claims, insurance premiums and all other carying charges, and to the maintenance, repair or restoration of the Premises, or on account of the Liabilities; in and for that purpose Grantor hereby assigns to Grantee all rentals due and to become due under any lease or leases or rights to use and occupation of the Premises hereafter created, as well as all rights and remedies provided in such lease or leases or at la\\' or in equity for tbe collection oftbe rentals. FOR THE PURPOSE OF OBTAINING POSSESSION OF THE PREMISES F'OLLOWING A,'1Y DEFAULT HEREUNDER OR UNDER ANY OF 111E I ,lABILITIES, GRANTOR IRREVOCABLY AUTHORIZES AND EMPOWERS ANY ATTORNEY OF RECORD, OR THE PROTHONOTARY, CLERK OR SIMILAR OFFICER, OF ANY COURT IN THE COMMONWEALTH OF PENNSYLVANIA OR ELSEWHERE, AS ATTORNEY F-OR GRANTOR, AS WELL AS FOR THE PERSONS CLAIMING UNDER, BY, OR THROUGH GRANTOR, TO SIGN AN AGREEMENT F'OR ENTERING THEREIN AN APPROPRIATE ACTION IN EJECTMENT FOR POSSESSION OF THE PREMISES (WITHOUT THE NECESSITY OF FILING ANY BOND AND WITHOUT ANY STAY OF' EXECUTION OR APPEAL) AGAINST GRANTOR AND ALL PERSONS CLAIMING UNDER, BY, OR THROUGH GRANTOR. AND THEREIN CONFESS JUDGMENT FOR THE RECOVERY BY GRANTEE OF POSSESSION OF THE PREMISES FOR WHICH THIS INSTRUMENT (OR A COpy THEREOF VERIFIED BY AFFIDAVIT) SHALL BE A SUFFICIENT WARRANT; WHEREUPON A WRIT OF POSSESSION OF THE MORTGAGED PREMISES MAY BE ISSUED FORTHWITH, WITHOUT ANY PRIOR WRIT OR PROCEEDING WHATSOEVER, GRANTOR HEREBY RELEASING AND AGREEING TO RELEASE GRANTEE AND ANY SUCH ATTORNEY FROM ALL PROCEDURAL ERRORS AND DEFECTS WHATSOEVER IN ENTERING SUCH ACTION OR JUDGMENT OR IN CAUSING SUCH WRIT OR PROCESS TO BE ISSUED OR IN ANY PROCEEDING THEREON OR CONCERNING THE SAME, PROVIDED THAT GRANTEE SHALL HAVE FILED IN SUCIl ACTION AN AFFIDAVIT MADE ON GRANTEE'S BEHALF SETTING FORTH THE FACTS NECESSARY TO AUTHORIZE THE ENTRY OF SUCH JUDGMENT ACCORDING TO THE TERMS OF THIS INSTRUMENT, OF WHICH FACTS SUCH AFFIDAVIT SHALL BE PRIMA FACIE EVIDENCE. IT IS HEREBY EXPRESSLY AGREED THAT IF FOR ANY REASON AFTER ANY SUCH ACTION HAS BEEN COMMENCED, THE SAME SHALL BE DISCONTINUED, MARKED SATISFIED OF RECORD, OR TERMINATED, OR POSSESSION OF THE MORGAGED PREMISES REMAIN IN OR BE RESTORED TO GRANTOR OR ANYONE CLAIMING UNDER, BY, OR THROUGH GRANTOR, GRANTEE MAY, WHEREVER AND AS OFTEN AS GRANTEE SHALL HAVE THE RIGHT TO TAKE POSSESSION AGAIN OF THE MORTGAGED PREMISES, BRING ONE OR MORE FURTHER ACTIONS IN THE MANNER HEREINBEFORE SET F'ORTH TO REt:OVER POSSESSION OF THE PREMISES AND TO CONFESS JUDGMENT THEREIN AS HERIN ABOVE PROVIDED, AND THE AUTHORITY AND POWER ABOVE GIVEN TO ANY SUCH ATTORNEY SHALL EXTEND TO ALL SUCH FURTHER ACTIONS IN EJECTMENT AND CONFESSION OF JUDGMENT THEREIN AS HEREINABOVE PROVIDED, WHETHER BEFORE OR AFTER AN ACTION OF MORTGAGE FORECLOSURE IS BROUGHT OR OTHER PROCEEDINGS IN EXECUTION ARE INSTITUTED UPON THIS MORTGAGE OR UPON ANY INSTRUMENT THEN EVIDENCING ANY OF THE LIABILITIES, AND AFTER JUDGMENT THEREON OR THEREIN AND AFTER A JUDICIAL SALE OF THE PREMISES. ~~~ BORROWER LE.ONARD R. CARD DBA CUSTOM SHOE REPAIR BY~/ Name: t '".,4,..-111. Co Title:O~~er BORROWER LEONARD R. CARD DBA CUSTOM SHOE REPAIR Witness By: Name: Title: HARVEY, PENNINGTON LTD. Robert J. Murtaugh, Esq./Ron L. Woodman, Esq. Attorney Id. Nos. 57494/88450 1835 Market Street, 29th Floor Philadelphia, PA 19103-2989 Telephone: (215) 563-4470 Facsimile: (215) 568-1044 Attorneys for Plaintiff, Citizens Bank CITIZENS BANK 525 William Penn Place, 27th Floor Pittsburgh, PA 15219 COURT OF COMMON PLEAS CUMBERLAND COUNTY, P A CIVIL ACTION - LAW Plaintiff, v. LEONARD R. CARD. Individually and d/b/a CUSTOM SHOE REPAIR 328 Market Street Lemoyne, P A 17043 No. Defendants. AFFIDAVIT COMMONWEALTH OF PENNSYLVANIA :ss. COUNTY OF ALLEGHENY BEFORE ME, the undersigned authority, a Notary Public in and for said State and County, personally appeared James N. Walsh, Banking Officer of Citizens Bank, whose identity as such officer was known to me or established to my satisfaction, and who, after having been duly sworn according to law, deposes and says as follows: 1. I am over eighteen (18) years of age, and am currently employed by Citizens Bank, in the capacity set forth above, and as such am duly authorized to make this Affidavit on its behalf. 2. As such Officer, I have responsibility for handling the files and litigation concerning the loan documents and collateral described in the foregoing Complaint, and am fully familiar with the facts therein described. 3. The facts set forth in the foregoing Complaint are true and correct to the best of my knowledge, information and belief. 4. The document attached as Exhibit "A" to the foregoing Complaint is a true and correct copy of the original. 739888_1 5. I make this Affidavit on behalf of Citizens Bank, on the basis of my own knowledge, and I hereby acknowledge that the statements contained herein are made subject to the penalties for perjury pursuant to 18 Pa.C.S.A. g 4901 et seQ., and/or false swearing before notaries public pursuant to 18 Pa.C.S.A. g 4903, and/or for unsworn verification to authorities pursuant to 18 Pa.C.S.A. g 4904, as applicable, and am aware that if any of the statements I have made herein are willfully false, that I am subject to such penalties. CITIZENS BANK By: J(llll s N. Walsh, Banking Officer '-' Date: il,l'?'; L ,;((" , 2006 SWORN TO and SUBSCRIBED before me, this .:10111 day of I1r/('/L ,2006 tl;uiA l (}.j,)1. ~ttW;uj Notary Public My Commission Expires: IO!; JIo) COMMONWEALTH OF PENNSYLVANIA Notalial Seal Andrea L. Quattrone, Notary Public City Of Pittsburgh, Allegheny County My Commission Expires Oct 13, 2009 Member, PennsylvanJa ASSOCIatIon of Notaries 739888_1 ~ ,1 (0 .-.., ~ 7J !h I.rt ~ ~ In ~ (/\ - () -:t. ~ " -0 -J. \ ...t:. \\ r- ~ 0! ., --'--" -i-. +- r ---.. HARVEY, PENNINGTON LTD. Robert J. Murtaugh, Esq./Ron L. Woodman, Esq. Attorney Id. Nos. 57494/88450 1835 Market Street, 29th Floor Philadelphia, PA 19103-2989 Telephone: (215) 563-4470 Facsimile: (215) 568-1044 Attorneys for Plaintiff, Citizens Bank CITIZENS BANK 525 William Penn Place, 27th Floor Pittsburgh,PA 15219 COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA CIVIL ACTION - LAW Plaintiff, v. LEONARD R. CARD, Individually and d/b/a CUSTOM SHOE REPAIR 328 Market Street Lemoyne, P A 17043 No. 2006-02523 Defendants. PRAECIPE PURSUANT TO PA.R.CIV.P. RULE 1037(a) TO ENTER JUDGMENT BY DEFAULT AND FOR ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Please enter a Judgment, by Default, in favor of the Plaintiff, Citizens Bank, and against the Defendants, Leonard R. Card, Individually and d/b/a Custom Shoe Repair, pursuant to Pa.R.Civ.P. Rule 1037(a), for their failure to file an answer or other response to the Complaint in which has been filed against and served upon them in connection with the above-captioned matter, based upon the attached Certification of Counsel, for the amount due under the subject loan, and assess damages as follows: 74715U Principal Balance Accrued Interest to 04/07/2006 Late Fees Attorneys Fees (5%) Total Due $10,408.84 7.54 245.00 520.82 $11.182.~Q Interest and late fees continue to accrue from and after April 7, 2006 at the rate of $1.63 per day in accordance with the terms of the Note. Respectfully submitted, By: obert J. M ugh, Esquire Pa. Id. No. 57494 Ron L. Woodman, Esquire Pa. Id. No. 88450 1835 Market Street, 29th Floor Philadelphia, PA 19103-2989 Telephone Number (215) 563-4470 Facsimile Number: (215) 568-1044 Attorneys for Plaintiff, Citizens Bank Dated: August 17,2006 74715U HARVEY, PENNINGTON LTD. Robert J. Murtaugh, Esq./Ron L. Woodman, Esq. Attorney Id. Nos. 57494/88450 1835 Market Street, 29th Floor Philadelphia, PA 19103-2989 Telephone: (215) 563-4470 Facsimile: (215) 568-1044 Attorneys for Plaintiff, Citizens Bank CITIZENS BANK 525 William Penn Place, 27th Floor Pittsburgh,PA 15219 COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA CNIL ACTION - LAW Plaintiff, v. LEONARD R. CARD, Individually and d/b/a CUSTOM SHOE REPAIR 328 Market Street Lemoyne, P A 17043 No. 2006-02523 Defendants. CERTIFICATION OF COUNSEL PURSUANT TO PA.R.CIV.P. RULE 237.1 IN SUPPORT OF PRAECIPE PURSUANT TO PA.R.CIV.P. RULE 1037(a) TO ENTER JUDGMENT BY DEFAULT AND FOR ASSESSMENT OF DAMAGES NOW COMES the undersigned counsel of record for Citizens Bank and pursuant to Pa.R.Civ.P. Rule 237.1 files the following Certification in Support of its Praecipe to Enter Judgment by Default: 1. On May 4, 2006, Plaintiff commenced the above-captioned action by filing a Complaint against the Defendants, which was duly endorsed with a Notice to Defend (the "Complaint"). 2. On May 12, 2006, the Complaint was served upon the Defendants, Leonard R. Card, Individually and d/b/a Custom Shoe Repair, by the Sheriff of Cumberland County by handing a true and correct copy to each of the Defendants, as can be seen by the Affidavits of Service, attached hereto, made a part hereof and collectively marked Exhibit "A". 3. On July 11, 2006, after the Defendants failed to file an answer or any response to the Complaint, I served the Defendants and Defendants' Counsel, in accordance with Rule 237.1(a)(2)(ii), a Ru1e 237.5 Notice of Intent to File Praecipe to Enter Judgment by Default, by certificate of mailing via regular mail, and true and correct copies of same are attached hereto, made a part hereof and collectively marked Exhibit "B". 74715U 4. As ofthis date, Defendants and Defendants' Cousnel still have not filed any answer or other response to the Complaint. 5. 1 make this Certification on the basis of my own knowledge, and subject to the penalties for perjury pursuant to 18 Pa.C.S.A. Section 4901 et~, and false swearing before notaries public pursuant to 18 Pa.C.S.A. Section 4903, and/or unsworn verification to authorities pursuant to 18 Pa.C.S.A. Section 4904, as applicable. 1 am aware that if any of the statements made herein are wilfully false, that 1 am subject to such penalties. By: Dated: August 17,2006 74715U SHERIFF'~ R!T~ . RgODLAR CASE NO: 2006-02523 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CITIZENS BANK VS CARD LEONARD R ET AL MICHAEL BARRICK , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon CARD LEONARD R the DEFENDANT. , at 1650:00 HOURS, on the 12th day of May , 2006 at 328 MARKET STREET LEMOYNE, PA 17043 by handing to LEONARD CARD a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge So Answers: 18.00 14 .08 .00 10.00 .00 42.08 r'~r~<~ R. Thomas Kline 05/15/2006 HARVEY PENNINGTON f Sworn and Subscribed to before me this day of A.D. Prothonotary t. HAY 1 92006 SHERIFF'S RgTuRN . RgaULAR CASE NO: 2006-02523 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CITIZENS BANK VS CARD LEONARD R ET AL MICHAEL BARRICK , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon CARD LEONARD R D/B/A CUSTOM SHOE REPAIR the DEFENDANT , at 1650:00 HOURS, on the 12th day of May , 2006 at 328 MARKET STREET LEMOYNE, PA 17043 by handing to LEONARD CARD a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing His attention to the contents thereof. sheriff's Costs: Docketing Service Affidavit Surcharge 6.00 .00 .00 10.00 .00 16.00 So Answers: ~~~/<~-' R. Thomas Kline 05/15/2006 HARVEY PENNINGTON Sworn and Subscribed to before By: -------:/ / me this day of A.D. Prothonotary Q_ MAY :.. 9 2006 HARVEY, PENNINGTON LTD. Robert J. Murtaugh, Esq.lRon L. Woodman, Esq. Attorney Id. Nos. 57494/88450 1835 Market Street, 29th Floor Philadelphia, PA 19103-2989 Telephone: (215) 563-4470 Facsimile: (215) 568-1044 Attorneys for Plaintiff, Citizens Bank CITIZENS BANK 525 William Penn Place, 27th Floor Pittsburgh, PA 15219 COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA CIVIL ACTION - LAW Plaintiff, v. LEONARD R. CARD, Individually and d/b/a CUSTOM SHOE REPAIR 328 Market Street Lemoyne, P A 17043 No. 2006-02523 Defendants. To: Leonard R Card, Individually and d/b/a Custom Shoe Repair 328 Market Street Lemoyne, PA 17043 Date of Notice: July II, 2006 NOTICE PURSUANT TO RULE 237.1 IMPORTANT NOTICE (of Intent to File Praecipe to Enter Judgment by Default) YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD TO HIRE A LAWYER, THE OFFICE BELOW MAYBE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE: 750313_' LAWYER REFERRAL SERVICE CUMBERLAND COUNTY COURT ADMINISTRATOR CUMBERLAND COUNTY COURTHOUSE, 4TH FLOOR CARLISLE, PA 17013 TELEPHONE: (717) 240-6200 /'7 By: Date: July 11,2006 U.S, POSTAL SERVICE CERTIFICATE OF MAILING MAY BE USED FOR DOMESTIC AND INTERNATIONAl MAll, DOES NOT :-'-. G PROVIDE FOR INSURANCE-POSTMASTER ~ Received From: Um .. "H'l ~ .."g ~ ~ (r)N ~ i "':'N UJ > '-'.... Q .C-'O z ::> <> ItIt-~1!i 0:< 0>0 I "'''' N"- III ".} ",;:';0 'Ci, ~ .....v~ ~Q Ng <( ~INO 00::; <l: ~ ... HARVEY. PENNINGTON L 1835 Market Street, 29th Floor Philadel hia, PA 19103-2989 One piece of ordinary ma~ addressed to: PS Fonn 3817, January 2001 750313_' HARVEY, PENNINGTON LTD. Robert J. Murtaugh, Esq./Ron L. Woodman, Esq. Attorney Id. Nos. 57494/88450 1835 Market Street, 29th Floor Philadelphia, PA 19103-2989 Telephone: (215) 563-4470 Facsimile: (215) 568-1044 Attorneys for Plaintiff, Citizens Bank CITIZENS BANK 525 William Penn Place, 27th Floor Pittsburgh, PA 15219 COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA CIVIL ACTION - LAW Plaintiff, v. LEONARD R. CARD, Individually and d/b/a CUSTOM SHOE REPAIR 328 Market Street Lemoyne, P A 17043 No. 2006-02523 Defendants. To: Leonard R. Card c/o Ronald D. Butler, Esquire Butler Law Firm P. O. Box 1004 500 North Third Street, 12th Floor Harrisburg, PA 17101 Date of Notice: July II, 2006 NOTICE PURSUANT TO RULE 237.1 IMPORT ANT NOTICE (of Intent to File Praecipe to Enter Judgment by Default) YOU ARE IN DEF AUL T BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LA WYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD TO HIRE A LAWYER, THE OFFICE BELOW MAYBE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THA T MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE: 750313_1 . . LAWYER REFERRAL SERVICE CUMBERLAND COUNTY COURT ADMINISTRATOR CUMBERLAND COUNTY COURTHOUSE, 4TH FLOOR CARLISLE, PA 17013 TELEPHONE: (717) 240-6200 ~,"/7 HARVEY · PE?GT~,N' Lit /d/ By: fll({ Cf1kb~ ,R9bilrt J. Murtau E~ire 'Fa. Id. No.: 574 ~ Ron L. Woodman, Esquire Pa. Id. No.: 88450 Attorneys for Plaintiff Date: July II, 2006 U.s. POSTAL SERVICE CERTIFICATE Y BE USED FOR OF MAl OVlDE FOR fNSU~~~].<6~iU~~~NATIONAL MAIL, 00 R I) II" -! ~ 1= O~o ~C30 ,<~-,~ ~ 0:; , ~o Nil: ~ ':i <(.:';0 ~ ~ ~..,.~ i$'. 0_ Q~,.,ft NO 4; "'",1 00 ~ ..~.~'~ '. .-r... l' . ,I 1."i:t~.~ '''-'=,r~~.~.. I """~rJ..:.. "\..,...,,.~, ,. . .. ''1; .... ':""'1 :0<,,'.:\"....: : .:t:!:'~;J:~..~:.. ~.(~~:,;j' 750313~1 t A:J ~ oo&Q.. 1t-- "'" ~ f:1:. . 0- ~ ~ () 9 c:) - .... ,.. C:J'" :C~ F ~ ~ s. ~ -u ""Ct.-'" c- 1" ~<-i.>.\ G') -0 ~ ~ f' ~ ..~ - I N ~C) , - <.YO " r.j1 ,:(.., -'. > , ....,1 - ~ '=~"~: ,-" p -a ~25 .. '~?=_i2:1. ::'''- /~rn R: '-? 9 ." ~7 ',;> :::-1 v:> ~ - -<. N .... HARVEY, PENNINGTON LTD. Robert J. Murtaugh, Esq./Ron L. Woodman, Esq. Attorney Id. Nos. 57494/88450 1835 Market Street, 29th Floor Philadelphia, PA 19103-2989 Telephone: (215) 563-4470 Facsimile: (215) 568-1044 Attorneys for Plaintiff, Citizens Bank CITIZENS BANK 525 William Penn Place, 27th Floor Pittsburgh, PA 15219 COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA CIVIL ACTION - LAW Plaintiff, v. LEONARD R. CARD, Individually and d/b/a CUSTOM SHOE REPAIR 328 Market Street Lemoyne, P A 17043 No. 2006-02523 Defendants. AFFIDAVIT OF NON MILITARY SERVICE COMMONWEALTH OF PENNSYLVANIA : ss. COUNTY OF PHILADELPHIA BEFORE ME, the undersigned authority, a Notary Public, personally appeared Robert J. Murtaugh, Esquire, whose identity was known to me or established to my satisfaction, and who, after having been duly sworn according to law, deposes and says as follows: 1. I, Robert J.Murtaugh, Esquire, am over eighteen (18) years of age, and am currently an attorney in good standing duly admitted to practice law in the Commonwealth of Pennsylvania, and am an associate of the law firm of Harvey, Pennington Ltd., and in that capacity, have been retained to represent the Plaintiff in the above-captioned action, Citizens Bank and as such am duly authorized to make this Affidavit on its behalf. 2. As such Attorney, I have responsibility for handling the files and litigation concerning the loan documents and collateral involved in this matter, and am fully familiar with the facts therein described. 3. I have been advised and therefore believe and aver that the Defendants, Leonard R Card, Individually and d/b/a Custom Shoe Repair, is an adult individual and a 747\51_\ J ..... company and are not presently in active duty in the military or naval service of the United States of America, are not an active members of the Army of the United States, the Marine Corps. or the Coast Guard, and are not officers of the Public Health Service detailed by proper authority for duty with the Army or Navy; nor have they engaged in any active military service or active military duty with any military or naval units covered by the Soldiers and Sailors Civil Relief Act of 1940 (the "Act") and designated therein as military service; nor have they, to the best of affiant's knowledge, enlisted in any military service covered by this Act. 4. I make this Affidavit on behalf of Citizens Bank, on the basis of my own knowledge, and subject to the penalties for peIjury pursuant to 18 Pa.C.S.A. ~490l et sell., and false swearing before notaries public pursuant to 18 Pa.C.S.A. ~4903, and/or unsworn verification to authorities pursuant to 18 Pa.C.S.A. ~4904, as applicable, and am aware that if any of the statements I have made herein are willfully false, that I am subject to such penalties. CITIZENS BANK By: By: Dated: August 17,2006 SWORN TO and SUBSCRIBED before me, this 17tb day of August, 2006 Qif J(J?~0u' Notary Public My Commission Expires: ,_'MMONWEALTH ot r't-.N(~S'l'l~VANIA NOTARIAL SEAL RITA ANNE ARICl, Notary Public City" ~. Pllila. Oounty . ~ 21, 2008 747\5\_\ () c S. --;:JtJ. n-'ri .":/ ''', ..- .,".-; .~, ",-_.-, U1"--: -<-".. I:;C ~~2~;;, )....,.c:. ~ 'C': "'" C1' ~ '" N '-,1 ), f, ," . I.; t,i;:.':;~ ' :' '.i':o ;~~-;' II), "1- ,O~tif'i'Tl( .' _.....,......,._-_.....~," ... - S? ~.." t1'f". -ot1:1~ :n O. :;;:1-1" (~ -;D ""'-1..") /";"rn g ~ -0 ::It '-? c..:> (..) , " HARVEY, PENNINGTON LTD. Robert J. Murtaugh, Esq./Ron L. Woodman, Esq. Attorney Id. Nos. 57494/88450 1835 Market Street, 29th Floor Philadelphia, PA 19103-2989 Telephone: (215) 563-4470 Facsimile: (215) 568-1044 Attorneys for Plaintiff, Citizens Bank CITIZENS BANK 525 William Penn Place, 27th Floor Pittsburgh, PA 15219 COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA CIVIL ACTION - LAW Plaintiff, v. LEONARD R. CARD, Individually and d/b/a CUSTOM SHOE REPAIR 328 Market Street Lemoyne, P A 17043 No. 2006-02523 Defendants. AFFIDAVIT OF LAST KNOWN ADDRESSES COMMONWEALTH OF PENNSYLVANIA :ss. COUNTY OF PHILADELPHIA BEFORE ME, the undersigned authority, a Notary Public, personally appeared Robert J. Murtaugh, Esquire, whose identity was known to me or established to my satisfaction, and who, after having been duly sworn according to law, deposes and says as follows: 1. I, Robert J. Murtaugh, Esquire, am over eighteen (18) years of age, and am currently an attorney in good standing duly admitted to practice law in the Commonwealth of Pennsylvania, and am an associate of the law firm of Harvey, Pennington Ltd., and in that capacity, have been retained to represent the Plaintiff in the above-captioned action, Citizens Bank, and as such am duly authorized to make this Affidavit on its behalf. 2. As such Attorney, I have responsibility for handling the files and litigation concerning the loan documents and collateral involved in this matter, and am fully familiar with the facts therein described. 3. I hereby certify that the last known address of the Plaintiff is Citizens Bank, 525 William Penn Place, Suite 2720, Pittsburgh, Pennsylvania 15279-1712, and the last 747151_1 , J. .... known address of Defendant, Leonard R. Card, Individually and d/b/a Custom Shoe Repair at 328 Market Street, Lemoyne, P A 17043. 4. I make this Affidavit on behalf of Citizens Bank, on the basis of my own knowledge, and subject to the penalties for perjury pursuant to 18 Pa.C.S.A. ~4901 et~, and false swearing before notaries public pursuant to 18 Pa.C.S.A. ~4903, and/or unsworn verification to authorities pursuant to 18 Pa.C.S.A. ~4904, as applicable, and am aware that if any of the statements I have made herein are willfully false, that I am subject to such penalties. CITIZENS BANK By: By: Date: August 17, 2006 SWORN TO and SUBSCRIBED before me, this 17th day of August, 2006 U:I;i '~?e. a~ Notary Public My Commission Expires: COMMONWLAL.111 \.~:_~. i'':"'" , ,. ~ ~\I' NOTARIAL SEAL RITA ANNE ARlCI. NoWy PuIlIic ClIyOlPl" II; It. PlliII.QcuIIr . \lIllIL .. 747\51_\ (") !;; ""t"'I~t; [~lfJ 6~ .:;; r;:. ~d -0 >;." :,.,;'"" '~~i,,: ;; ~:,'.""l"!",, !'''''''''r,'"i'!~'i.Z:;; iJlYh ~~",J./";1lQJ;1'1(;~ ---....,......_~~. ,.. ..., <=> "'" "" "'" c:::: G? N ~ X.... rn;:!= -;::,rn "Jy C~C1 T:n (")('5 2~rn ~ -< r '" HARVEY, PENNINGTON LTD. Robert J. Murtaugh, Esq./Ron L. Woodman, Esq. Attomeyld. Nos. 57494/88450 1835 Market Street, 29th Floor Philadelphia, PA 19103-2989 Telephone: (215) 563-4470 Facsimile: (215) 568-1044 Attorneys for Plaintiff, Citizens Bank CITIZENS BANK 525 William Penn Place, 27th Floor Pittsburgh, PA 15219 COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA CNIL ACTION - LAW Plaintiff, v. LEONARD R. CARD, Individually and d/b/a CUSTOM SHOE REPAIR 328 Market Street Lemoyne, P A 17043 No. 2006-02523 Defendants. CERTIFlCATE OF SERVICE OF PRAECIPE PURSUANT TO PA.R.CIV.P. RULE 1037(8) TO ENTER JUDGMENT DEFAULT AND FOR ASSESSMENT OF DAMAGES The undersigned hereby certifies that on the 17th day of August, 2006, a true and correct copy of the foregoing Praecipe Pursuant to Pa.R.Civ.P. Rule 1037(a) to Enter Judgment by Default and for Assessment of Damages, and all supporting papers, was served upon the Defendant by United States Regular First Class Mail, postage prepaid, addressed as follows: Leonard R. Card, Individually and d/b/a Custom Shoe Repair 328 Market Street Lemoyne, P A 17043 74715U ;' '" Date: August 17, 2006 74715U Leonard R. Card c/o Ronald D. Butler, Esquire Butler Law Firm P. O. Box 1004 500 North Third Street, 12'h Floor Harrisburg, P A 17101 By: ... J 2- 3?', 4:.' "..~ 0)\,,; -:=-.: ~ / (j~ C:\':~_' :~~~-i~::. 'r-' -;' 3 ~ ~ E. C;J rV - ~ ~~ ~-d t:? '2\9, '";'" ~'r' --0 '?- ~ "$ 5f "" ~ <H .. u.> <H HARVEY, PENNINGTON LTD. Robert J. Murtaugh, Esq./Ron L. Woodman, Esq. Attorney Id. Nos. 57494/88450 1835 Market Street, 29th Floor Philadelphia, PA 19103-2989 Telephone: (215) 563-4470 Facsimile: (215) 568-1044 Attorneys for Plaintiff, Citizens Bank CITIZENS BANK 525 William Penn Place, 27th Floor Pittsburgh, PA 15219 COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA CIVIL ACTION - LAW Plaintiff, v. LEONARD R. CARD, Individually and d/b/a CUSTOM SHOE REPAIR 328 Market Street Lernoyne, P A 17043 No. 2006-02523 Defendants. NOTICE OF ENTRY OF JUDGMENT PURSUANT TO PA.R.CIV.P. RULE 236 To: Leonard R. Card, Individually and d/b/a Custom Shoe Repair 328 Market Street Lernoyne, P A 17043 ~ You are hereby notified pursuant to Pa.R.Civ.P. Rule 236 that on _ .:l. I ' 2006 a judgment was entered against you in the above-captioned matter. Attached hereto is a true and correct copy of all (record) documents filed in support of suchjudgmenl. IF YOU HAVE ANY QUESTIONS CONCERNING THE ENTRY OF THIS JUDGMENT, YOU MAY CALL THE ATTORNEY FOR THE PLAINTIFF, ROBERT J. MURTAUGH, ESQUIRE, AT (215) 563-4470. , DEPUTY 747151_1 HARVEY, PENNINGTON LTD. Robert J. Murtaugh, Esq./Ron L. Woodman, Esq. Attorney Id. Nos. 57494/88450 1835 Market Street, 29th Floor Philadelphia, PA 19103-2989 Telephone: (215) 563-4470 Facsimile: (215) 568-1044 Attorneys for Plaintiff, Citizens Bank CITIZENS BANK 525 William Penn Place, 27th Floor Pittsburgh,PA 15219 COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA CNIL ACTION - LAW Plaintiff, v. LEONARD R. CARD, Individually and d/b/a CUSTOM SHOE REPAIR 328 Market Street Lemoyne, P A 17043 No. 2006-02523 Defendants. NOTICE OF ENTRY OF JUDGMENT PURSUANT TO P A.R.CIV.P. RULE 236 To: Leonard R. Card d/b/a Custom Shoe Repair c/o Ronald D. Butler, Esquire Butler Law Firm P. O. Box 10004 500 North Third Street, 12th Floor Harrisburg,PA 17101 {J You are hereby notified pursuant to Pa.R.Civ.P. Rule 236 that on 1 ~ ~ :>, , 2006 a judgment was entered against you in the above-captioned matter. Attached hereto is a true and correct copy of all (record) documents filed in support of such judgment. 74715U IF YOU HA VB ANY QUESTIONS CONCERNING THE ENTRY OF THIS JUDGMENT, YOU MAY CALL THE ATTORNEY FOR THE PLAINTIFF, ROBERT J. MURTAUGH, ESQUIRE, AT (215) 563-4470. ,DEPUTY 747151_1 t '" SHERIFF'S RETURN - REGULAR CASE NO: 2006-02523 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CITIZENS BANK VS CARD LEONARD R ET AL MICHAEL BARRICK , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon CARD LEONARD R the DEFENDANT , at 1650:00 HOURS, on the 12th day of May , 2006 at 328 MARKET STREET LEMOYNE, PA 17043 by handing to LEONARD CARD a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge So Answers: ~ jl:l~/Ot.. 18.00 14.08 .00 10.00 .00 42.08 ?"~~ R. Thomas Kline 05/15/2006 HARVEY PENNINGTON ---/ -~- Sworn and Subscribed to before me this day of A.D. Prothonotary l . .... SHERIFF'S RETURN - REGULAR CASE NO: 2006-02523 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CITIZENS BANK VS CARD LEONARD R ET AL MICHAEL BARRICK , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon CARD LEONARD R D/B/A CUSTOM SHOE REPAIR the DEFENDANT , at 1650:00 HOURS, on the 12th day of May , 2006 at 328 MARKET STREET LEMOYNE, PA 17043 by handing to LEONARD CARD a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge ~ 6.00 .00 .00 10.00 .00 16.00 So Answers: r'~/? R. Thomas Kline 5({).If/Or, 05/15/2006 HARVEY PENNINGTON .../~ Sworn and Subscribed to before /' me this day of A.D. Prothonotary HARVEY, PENNINGTON LTD. Robert J. Murtaugh, Esq./Ron L. Woodman, Esq. Attorney Id. Nos. 57494/88450 1835 Market Street, 29th Floor Philadelphia, PA 19103-2989 Telephone: (215) 563-4470 Facsimile: (215) 568-1044 Attorneys for Plaintiff, Citizens Bank CITIZENS BANK 525 William Penn Place, 2ih Floor Pittsburgh, PA 15219 Plaintiff, v. LEONARD R. CARD, Individually and d/b/a CUSTOM SHOE REPAIR 328 Market Street Lemoyne, P A 17043 Defendants. COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA CIVIL ACTION - LAW No. 2006-02523 PRAECIPE TO SATISFY JUDGMENT TO THE PROTHONOTARY: Kindly satisfy the judgment in the above-captioned action. HARVEY'.~NNINGTON LTD. ;7 [LL~!/~~ Robert J. Murtaugh, EsqUire Attorneys..fo'f Plaintiff, Citizens Bank v :By: Date: November 2, 2006 75650U 0 t"_') 0 '':':::> ~;; 4-::::'::) .1 0'" ~-:-- -.". --I .-'''-~- III r 0 r< rilE I j II W ? ..- -"', iT; r.....') r........":t ...-.,,;;