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Home My WebLink About06-5492 . v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 01- -~t{tf" Ctu~L ~<C/2..""l- INTEGRITY BANK, Plaintiff, VIRGINIA R. ADAMS, Defendant CIVIL ACTION - LAW CONFESSION OF JUDGMENT Pursuant to the authority contained in the Note attached as Exhibit A in the Complaint filed in the above captioned case we appear for Virginia R. Adams and confess judgment in favor of Integrity Bank against her as follows: Principal: Accrued Interest: Late Fees Attorney Fees Commission (10%) $35,852.13 597.87 42.96 3,585.21 Total: $40,078.17* *along with interest accruing at the per diem rate of $6.22 until paid in full. McNEES WALLACE & NURICK LLC Date: September 19, 2006 By Clayt W. Dav' on, Esquire I.D. No. 79139 McNees Wallace & Nurick LLC 100 Pine Street P.O. Box 1166 Harrisburg, PA 17108-1166 (717) 232-8000 (Phone) (717) 237-5300 (Fax) cdavidson(iV,mwn.com Attorneys for Integrity Bank Clayton W. Davidson, Esquire I.D. No. 79139 McNees Wallace & Nurick LLC 100 Pine Street P.O. Box 1166 Harrisburg, PA 17108-1166 (717) 232-8000 (Phone) (717) 237-5300 (Fax) cdavidsonCiV,mwn.com Attorneys for Integrity Bank v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. D~ -S<f/(~ e;u~L J'CI2...~ INTEGRITY BANK, Plaintiff, VIRGINIA R. ADAMS, Defendant CIVIL ACTION - LAW COMPLAINT FOR CONFESSION OF JUDGMENT Integrity Bank, by and through its undersigned counsel, hereby files this Complaint for Confession of Judgment pursuant to Pa.R.C.P. No. 2951 (b) and in support thereof avers the following: 1. Plaintiff, Integrity Bank ("Lender"), is a Pennsylvania banking institution located at 3345 Market Street, Camp Hill, Pennsylvania, 17011. 2 Defendant, Virginia R. Adams ("Borrower), is an adult individual residing at 917 West Louther Street, Carlisle, Cumberland County, Pennsylvania, 17013. 3. On October 14, 2003, June 15, 2006, Lender loaned Borrower the principal sum of $38,645.00 (the "Loan") for a commercial purpose as evidenced by a promissory note (the ''Note'') dated the same and executed by Borrower. Attached hereto as Exhibit A and incorporated herein by reference is a true and correct copy of the Note. 4. The Note provides that Lender may confess judgment against Borrowers for any defaults thereunder. 5. Borrower has defaulted under the Note as a result of failing to make payments when due since July 5, 2006. 6. The total sums due and owing under the Note as of September 17, 2006 are itemized as follows: Principal: Accrued Interest: Late Fees Attorney Fees Commission (10%) $35,852.13 597.87 42.96 3,585.21 Total: $40,078.17* *along with interest accruing at the per diem rate of $6.22 until paid in full. 7. All conditions precedent have been satisfied to allow Lender to confess judgment against Borrower under the Note. 8. Judgment has not been confessed against Borrower under the Note in any other proceeding. 9. Plaintiff is the holder of the Note. 10. The Note was executed and delivered in connection with a business transaction and judgment is not being entered by confession against a natural person in connection with a consumer credit transaction. WHEREFORE, Plaintiff, Integrity Bank, hereby requests this Court to enter judgment by confession against Defendant, Virginia R. Adams, in the amount of $40,078.17 along with interest accruing at the per diem rate of $6.22 until paid in full. Respectfully submitted, McNEES WALLACE & NURICK LLC Date: September 19,2006 By Clay n W. David n, Esquire I.D. o. 79139 McNees Wallace & Nurick LLC 100 Pine Street P.O. Box 1166 Harrisburg, PA 17108-1166 (717) 232-8000 (Phone) (717) 237-5300 (Fax) cdavidson{a2mwn.com Attorneys for Integrity Bank VERmCATION I, Carlton A. Klinger, Executive Vice President of Integrity Bank, verify that I am authorized to make this verification on behalf of Integrity Bank, and that the facts contained in the foregoing Complaint for Confession of Judgment are true and correct to the best of my knowledge, information and belief and that the same are made subject to the penalties of 18 Pa. C.S.A. ~ 4904 relating to unsworn falsification to authorities. () . ~~ Carlton A. Klinger r=u,o . ' ---- [:xltdl+ It- From:INTE6RITV BANK 717 920 3611 09/18/2006 13:28 1332 P.002/004 PROMISSORY NOTE " References In the shaded eraa are for Lender'l use only and do not limit the applicability of this dooument to any particular 10lln or Item. Any Item above containing ..... hal been omitted due to text length limitations. Principal Amount: $38,645.00 Date of Note: October 14,2003 PROMISE TO PAY. VIrginia R. Adama '''Borrower'') promises to pay to Integrity Bank ("Lender"l. or order, In lawful money of the United Stetee of America. the principal amount of Thlrty-elght Thousand Six Hundred Forty-five 8c 00/100 DoDars ($38.846.001. together with Intereat on the unpaid principal balance from October 14,2003. until paid In fun. PAYMENT. Subject to 'any paymant change. reaultlng from changes In the Index. Borrower wHl pay tb18 loen In accordance with the following payment schedule: 60 monthly consecutive princIpal and Interest paymenta In the initial amount of $284.54 each. beginning November 14. 2003. with InterHt calculated on the unpakl principal balancel at an lnltJallnterest rate of 6.250% per annum; and 180 ""'nthly con.e.cl.ltl~e principal and Intereat payments In the initial amount of $262.18 each. beginning NQvember 14. 2008. with Interest calculated on the u'np8J;d principal balences lit an Intere.t me baaed on the The New York PrIme Rate of Intereat ,ha. mean the Intere.t rate per annum announced fNri1 time to time In vericlus buslnes, Joum.. such as Tha Wall Streat Journal. as the "PrIme Rate of brtereat". The New York Prime Rate of lmer'" Is an Index, and IollM of the Bank may be eetabhhed at, above or below the Index (currently 4.000%1, plul a margin of 1.oo0'l6. resulting In an Inltlel Intere.t rate of 6.000%. Borrower's final payme", wI! be due on October 14, 2023 and wiD be for a. prlnclpel and iiccrued Intereat.Jiot yet paid. together with any other unpaid amounta under thla Note. Unl... otherwise .greed or required by eppllcable law, payment. w,IIlbe epplled f\rat to any accrued unpakllntereat; then to prIncIpal; than to any tmpaJd collection coats: and then to any tate charge,. The iinnuel Intereat rate for thll Note Is computed on a 3651380 ba.; that I.. by applying the rado of the ennual Intereat rate over a yeer Qf 360 deys, multlpBed ~y the outstanding prin~pal balance, multiplied by the actual number at daya the prInclpet balance II Qutetandlng. Borrower wID pay Lender.t Lender's adclres. shown eboveor at auch other piece ail Lender may de.lgnate In writing.'" VARiABI;~ INTEREST RATE. For the flr81 60 payments, the Intere,t rate on thl. Note will be 6.260%. Thereafter. the Intarest rate on this r$te Is Bubject to'ctl,ang.afto:rn time to time baled on chenges in an Independent index which is the The New York Prime Rate of Inter88t shall mean the Interest rate par annum announced from tlme:to time In various business Journals, 8uch .. The Wall Street Journal. as the "Prime Rate of Interest" , The New York Prime R.ete of. Intereat ie an Index, and Ioana of the Bank may be established at. above or below the index (the "Index"). The Index is not necessarily the lowest rate charg"d by Lender on .its Ioana. If thelnd.!,x bec~mea unavalleble during the term of this toan, Lendsr may dellgnate a eubstltute index after notice to Borrower. Lender will tell Borrower the current Index rate upon Borrower's request. The interest rate changa will not occur m.ore often than each day. Borrower understands that Lender may make loans baaed on other rates a$ well. The Indax currently II 4.000% p.r annum. Tlaelnterest rate or rat.. to be eppUed to the unpakl prlnclpelbalance ofthl, Note wm be thl rete or raDa set forth herein In the "Payment" section. 'NotWlthatsndlng any other provision of th18 Nota, after the first plyment,atream. the Intereat rate for eaol1 subsequent payment 81I"elm wiD be effective as of the lest peyment date of the Just..,..cnng payment 81I"eem. 'NOTICE: Under no circumstancea will the interest rate on thls Note ba more than the maximum rate allowed by llPplicable law. Whenever Increases occur in the Interest rate, Lender, at Its option. mav do one or more of the following: (A) increassBorrower's payments to enaurs Borrower'l loan will payoff by lte origInal flnlll maturity date, (BI increase Borrower's payments to cover accruing interest. ICI incre8se the number of Borrower's payments, and (D) continue Borrower's payments at the same amount and increase Borrower's final payment. PREPAYMENT PENAL TV. Borrower agre.. that all loan fees and othlU prepeld finance charges are earned fully e. of the date of the loan and will not be subject to refund upon early payment (whether voluntary or as a reault of default), except ea otherwhie required by law. Upon preplyment of this Note. Lender Is entitled to the following prepayment penalty: BorrQwer eUree. that all loan tee, and other prepaid finance, chargea are earned fully as Qf the d$ of the loan and wDI not be subject to refund upon early payment (whether voluntary or aa s result of defaultl. except as otherwise required by law. Upon prepayment of this Note, Lender la entitled to the foDowlng praplyment premium: Prepayment of eny amount of the prIncipal sum shall be subject tq I penltty charga of 6% during the first year of amortization and decDnlng 1% per yiiar thereafter to par lbased on prepayment through extemal flnanclng-prepaymant through Intemllly generated funds Is permitted without panatiy).. Except for the foregoing. Borrower may pey aU or a portion of the amo,",nt owed earlier than It Is due. Early paymentl will not. unleaa agreed to by Lender in writing, relieve Borrower of Borrower's obligation to continue to make payments under the payment schedule. Rather, early payments will reduce the principal balance due and may result In Borrower'e meking fewer payments. Borrower egrees not to .end Lender payments marked .pald in fulln, "without recourse', or similar language. If Borrower senda such a payment. Lender may sccept it without losing any of Lender's rights tinder thia Note, Dnd Borrower will remDin obligated to pay any further amount owed to Lender. All written communications concemlng dlsputed amounts, Including any check or other paYment Instrument that indlcstes that the payment constitutes .payment in fulln of the amount owed or that Is tendered with other condltlona or limitatlona or as full satisfaction of a disputed amount m~t be mailed or delivered to: Integrity Bank. 3345 Market Street, Camp Hill, PA 1701 1. LATE CHARGE. 'If a payment is 10 days or more late, Borrower will be charged 15.000% of the regUlarly scheduled JHIyment or .10;00, whichever Is greeter. INTEREST AFTER [)EFAULT. Upon defeult, including failure to pay upon final maturity, Lender, at its option, may, if permitted under appllceble law. increase the variable Interest rate on this Note to 18.0oo'l6 per annum. The Interest rate will not exceed the maximum rllte parmitt,edby applicable law. If Judgment Is entered in connection with this Note. Interalt will continue to accrue on this Note after Judgment at the Interest rsta applicable to thie Note It the time judgmant Is entered. DEFAULT. Each of the following shall constitute an event of default ("Event of Defsult"1 under this Note: Payment Default. Borrower fails to make any peyment when due under this Nota. Other Defaults. Borrower falls to comply with or to perform any other term, obllglltlon. covenent or condition contained In this Note or In any of the related documents or to comply with or to perform eny term, Obligation. covenant or condition contained in eny other agreement between Lender and Borrower. Def8ult In Fever of Thlrd Parties. Borrower or any Grantor defaults under any loan, extension of credit, security agreement. purchase or sales agrllement, or any other agreement, In favor of any other creditor or person that mllY materially effect eny of Borrower's propei-tv or Borrower's sblllty to repeY this Note or perform Borrower's Obligations under this Note or any of tha ralllted documents. False Statements. Any warranty. representation or stetement made or furni.had to Lender by Borrower or on Borrower's behslf under thIs Nota or the related documents Is false or misleading' in any material rlo'splIct, either now or at the time mllde or furnished or becomes flllsa Lender: Integrity Bank 334& Market Streat Camp HUI. PA 17011 (71"920-4900 Borrower: VIrginia R. Adems (SSN: 198-30-48401 917 Weat Louther Street Carlisle. PA 17013 . ';0 From:INTE6RITV BANK 717 920 3611 09/18/2006 13:29 11332 P.003/004 Loan No: 1500022150 PROMISSORY NOTE (Continued) Page 2 or misleading at any time thereafter. Dell1h or Insolvency. The death of Borrowar or the dissolution or termination of Borrower's existence as a going business, the Insolvency of Borrower, the appointment of a receiver for any part of Borrower's property, any uslgnment for the benefit of creditors, any type of creditor workout, or the commencement of any proceeding under eny bankruptcy or insolvency laws by or against Borrower. Credltor or forfeiture Proceedings. Commencement of foreclosure or forfeiture proceedings, whether by Judicial proceeding, self.help, reposaaulon or any other method, by any creditor of Borrower or by any governmental agency against lIny collataral securing the 10lln. ThIs Includes a garnishment of any of BorrowlIf's accounts, Including deposit accounts. with Lender. However, this Event of Default shall not IIpply If there is a good faith dispute by Borrower as to the velldlty or reasonablene.. of the claim which Is the baaia of the creditor or forfeiture proceeding and If Borrower gives Lander written notice of the creditor or forfeiture proceeding and deposits with Lander 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. Evenlll Affecting Guanmtor. Any of the preceding events occurs with reapect to any guarantor, endorser, Burety, or accommodation party of any of the indebtedness or any guarantor, endorser, surety, or accommodation party dlea or becomes Incompatent, or revoke. or disputes the validity of. Dr liability under, any guaranty of the Indebtedness evidenced by this Note. In the event of a death. Lender, at Ita option. may. but shall not be required to, permit the gusrantor's estate to a..ume unconditionally the obligations arising under the guaranty In II manner satisfactory to Lender, and, In doing so, cure any Event of Default. Adverse Change. A material adverse change occurs In Borrowllr's flnsnclal condition, Dr Lender believes the prospect of payment or performsnce of this Note is Impaired. Inaecurity. Lender In good faith believes itself insecure. Cure Promlons. 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 aame provision of this Note, within the preceding twelve (12) months. It may be cured land no avent of default will h8\1e occurred) if Borrower. after receiving written notice from Lender demanding cure of such default: (1) cures the default within ten (101 days; or (2) if the cure requires more thlln ten (10) daye, immediately Initietes steps which Lender deems in Lender's sole di84;retion to be sufficient to cure the default and thereefter continue. and completes sll raasonable 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. declare the entire unpaid principal balance on this Note and all accrued unpaid jntereet Immediately due, and then Borrowsr will pay that amount. . ATTORNEYS' FEES; EXPENSES. Lender may hire or pey somsone elee to help collect this Note If Borrower does not pay. Borrower will pay Lender that amount. This includea, subject to any limits under applicable law, Lender's attorneys' fees and Lender's legal expenses, whether or not thera is a lawsuit, Including ettorneys' fees, expanses for bankruptcy proceedings (Including afforta to modify or vacata any autometlc stay or injunction), and appesls. If not prohfbited by eppllcablllaw, Borrower alao will pay any court com, in addition to all other sums provided by law. JURY WAIVeR. Lander and Borrower hire t to any Jury trial In any action, proceeding, or countercllllm brought by either lender or Borrower agalnat the other. lInltllll Here ' I GOVERNING LAW. This Note wBI be govamecl by, construed and enforced In accordance with feclerallaw and the 1aW8 of the Commonwealth of Penl18y1venla. Thla Nota has been accepted by Lender In the Commonwealth of Pennaylvanla. CHOICE OF VENUE. If there 18 a lawsuit, BorrOwer agrees upon Lender's request to submit to the Jurlsdiotlon of the courts of Cumberland County, CommonWealth of Pennsylvania. DISHONORED rrEM FEE. Borrower will pay a fee to Lender of $10.00 if Borrower makes a payment on Borrower's loan and the check or preauthorlzed charge with which Borrower pays Is later dishonored. RIGHT OF SETOFF. To the extent permitted by applicable law, Lander reserves a right of setoff in all Borrower's accounta wIth Lender (whether checking, savings, or some other account). This Includes all accounta Borrower holds jointly with someone else and all accounts Borrower may open in the future. However. this does not include any IRA or Keogh accounta, or any trust accounts for which setoff would be prOhibited by law. Borrower suthorizes Lender, to the extent permlned by applicable law, to charge or setoff all sums owing on the indebtedness against any and all 8uch account.. COLLATERAL. Borrower acknowledges this Nota is secured by a 1st mortgage lien on 440 Fairground Avenue, Carlisle. Cumberland County. Pennsylvania, AS8ignment of rents end leases. CALL OPTION. The Blink shllll have a call option which may be exercised to be effective on each fifth anniversary of the date of closing, subject to ninety 1901 days advance written notice to Borrower advising the Bank's election to call the obligation due. SUCCESSOR INTERESTS. The terms of this Note shall be binding upon Borrower. and upon Borrower's heirs. personal representative., successora and assign., and shalllnura to the benefit of lander IInd Ita SUCCIl880rs and assigns. GENEHAL PROVISIONS. Lender may delay or forgo enforcing eny of Its rlghta or remedies under this Note without losing them. Borrower and any other person who signs, guarame.. 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 Oaise expre..1y stated in writing. no party who algns thl. Note, whether sa maker, guarantor, accommodation milker or endorser, shall rei a. m liability. All such parties agree that Lender mey renew or extend (repeatedly and for any length of timel this loan or releese u rantor or collsteral; or impair, fail to realize upon or perfect Lender's security Interest In the collateral; and take any other apt' ecessary by Lender without the consent of or notice to anyone. All such parties also agree thet Lender may modify this loa& onaent of or notice to anyone other than the party with whom the modification is made. The o,blfgatlons under thls Note IiIre n several. If any portion of this Note Is for any resson determined to b. unenforceable. it will not affect the enforceability of any oth. 8ions 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 (10%1 OF THE UNPAID PRINCIPAL BALANCE AND ACCRUED INTEREST FOR COLLECTION. BUT IN ANY EVENT NOT LESS THAN FIVE HUNDRED DOLlARS ($6001 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 AUTHC"'ITY GRANTED IN THIS NOTE TO CONFESS JUDr-vi:NT AGAINST BORROWER SHALL NOT BE I . From:INTE6RITV BANK 717 920 3811 09/18/2008 13:30 11332 P.004/004 PROMISSORY NOTE Loan No: 1500022150 (Continued) , r Page 3 EXHAUSTED BY ANY EXERCISE OF THAT AUTHORITY, BUT SHALL CONTINUE FROM TIME TO TIME 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. .w.. PRIOR TO SlGNING THIS NOTE. BORROWER READ AND UNDERSTOOD All THE PROVISIONS OF THIS NOTE, INCLUDING THE VARIABl.E INTEREST RATE PROVISIONS. BORROWER AGREES TO THE.:~_"'F THE NOTE. BORROWER ACKNOWlEDGES RECEIPT'OF A COMPLETED COPY bf "MIS"IiROMISSORY NOTE. --" :19<......', \. THIS NOTE IS GIVEN UNDER' SEAL AND IT 18 INTENDED THAT THIS NOTE't"~oAND SHALL CONSTITUTE AND HAVE THE EFFECT OF A SEALED INSTRUMENT ACCORDING TO LAW. v LENDER: INTEGRITY BANK x~)j~OQ( Authorized Signer W8IMO.......Y....II.DD.DDI c.......PNH1II~.....l..,.trlOI. AI.............. .M r:1~PC ,..311 ""'11 t -p (J -cg. \ "'" il ~ ~ .... CY r () ~ = 0 - '- c = II ~ -u ~ Q'"\ tI\ -0 eo (/') ~:n (JJ rrlrri f'"l"1 t ~ p:. Z::.~,_,1 -0 -of; Z'" N - 0~~~ :nC () "- 0 o(~ :0 r.::C) -....r) ~C) =-,::l " '""" - > -,;--il f- ""'-c :.t::: I:4b ff ~ >cl B Om ~ ~ ... (.""J r--o +" -< v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. Ol- -.sl{9~.J]iuiT~ INTEGRITY BANK, Plaintiff, VIRGINIA R. ADAMS, Defendant CIVIL ACTION - LAW AFFIDAVIT OF NON-MIL IT ARY SERVICE AND LAST -KNOWN ADDRESSES OF VIRGINIA R. ADAMS COMMONWEALTH OF PENNSYLVANIA : SS. COUNTY OF DAUPHIN The undersigned, being duly sworn according to law, deposes and says that to the best of my information and belief, Virginia R. Adams, is not in the Military or Naval Service of the United States or its Allies, or otherwise within the provisions of the Servicemembers Civil Relief Act, f/k/a the Soldier's and Sailor's Civil Relief Act of 1940,50 U.S.C. App. 501, et seq. Virginia R. Adams is over eighteen (18) years of age and was last known residing at 917 West Louther Street, Carlisle, Pennsylvania, 17013. SWORN and subscribed to before me this 19th day mtember, ~6. ~~. ~ Notary Public My Commission Expires (SEAL) ONWEALTH OF PENNSYLVANIA Notarial Seal lisa R. Barker, Notary Public CIty of Harrlsbu!9. Dauphin County My Commission Expires Nov. 5, 2008 2 ~ '"'0(0 ~q:; zf" ~~) ~C') ~Q ~.u ';Pc ~ '$ C' en ~ N o ~ 9 o s:" ~ ;-n ~h1 -00 ??b .1-,", .1:. --11 (--' ~ --4,.0 .-:-rO 9 ~ ~ INTEGRITY BANK, Plaintiff, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. DL. - Sl.{9~ (![u~L I ~ VIRGINIA R. ADAMS, Defendant CIVIL ACTION - LAW CERTIFICATE OF RESIDENCE I hereby certify that Virginia R. Adams resides at 917 West Louther Street, Carlisle, Pennsylvania, 17013. McNEES WALLACE & NURICK LLC Date: September 19, 2006 By Clayt W. Davi son, Esquire I.D. No. 79139 McNees Wallace & Nurick LLC 100 Pine Street P.O. Box 1166 Harrisburg, PA 17108-1166 (717) 232-8000 (Phone) (717) 237-5300 (Fax) cdavidson@mwn.com Attorneys for Integrity Bank g ~ -om n1fT\ z--~' Ze ~.P ~c, :l'c 2(-": ':Pc z ~ ro-) c::::> c::::> c::t"' ~ -0 N c::> ~ <2 o ~ ~ ~:rJ j5rm ~~ -~-n ~40 om ~ ~ v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. Oio - S49~ (!l~~~L t~ INTEGRITY BANK, Plaintiff, VIRGINIA R. ADAMS, Defendant CNIL ACTION - LAW NOTICE OF ENTRY OF JUDGMENT TO: Virginia R. Adams 917 West Louther Street Carlisle, P A 17013 You are hereby notified that on~, 2006, a judgment by confession was entered against you in the above-captioned case in favor of Integrity Bank as follows: Principal: Accrued Interest: Late Fees Attorney Fees Commission (10%) $35,852.13 597.87 42.96 3,585.21 Total: $40,078.17* *along with interest accruing at the per diem rate of $6.22 until paid in full. DATE: q /:16 Ivlp f ( ~ .. Clayton W. Davidson, Esquire I.D. No. 79139 McNees Wallace & Nurick LLC 100 Pine Street P.O. Box 1166 Harrisburg, PA 17108-1166 (717) 232-8000 (Phone) (717) 237-5300 (Fax) cdavidson{tV,mwn.com Attorneys for Integrity Bank INTEGRITY BANK, Plaintiff, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. tic $llqd VIRGINIA R. ADAMS, Defendant CIVIL ACTION - LAW PRAECIPE TO ATTACH VERIFICATION TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please attach the original verification attached hereto as Exhibit A signed by Carlton A. Klinger on behalf of Integrity Bank to the complaint filed on September 20, 2006. Respectfully submitted, McNEES WALLACE & NURICK LLC Date: September 25,2006 By CIa on W. Da J.D. No. 7913 McNees Wallace & Nurick LLC 100 Pine Street P.O. Box 1166 Harrisburg, P A 17108-1166 (717) 232-8000 (Phone) (717) 237-5300 (Fax) cdavidson@mwn.com Attorneys for Integrity Bank . . VERIFICATION I, Carlton A. Klinger, Executive Vice President of Integrity Bank, verify that I am authorized to make this verification on behalf of Integrity Bank, and that the facts contained in the foregoing Complaint for Confession of Judgment are true and correct to the best of my knowledge, information and belief and that the same are made subject to the penalties of 18 Pa. C.S.A. ~ 4904 relating to unsworn falsification to authorities. 1 . car~er~ ~vf o s; ~. ~;:'-' g cr (j) \'"', -0 rv 0" -0 ->. ~ .-t ff,:n '-0 \:n ~ny DC' :~~ 11 '-}o Om ~\ 7 ):\ .:.<;: rv .. C) OJ INTEGRITY BANK, Plaintiff, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 06-5492 Civil Term VIRGINIA R. ADAMS, Defendant CIVIL ACTION - LAW RETURN OF SERVICE REGARDING NOTICE UNDER Pa.R.Civ.P. 2958.1 OF JUDGMENT AND EXECUTION THEREON Plaintiff, Integrity Bank, files this Return of Service in accordance with Pa. R. Civ. P. 2958.1 ( c) and hereby swears and affirms that Defendant, Virginia R. Adams, was served with (a) Notice of Entry of Judgment pursuant to Pa.R.C.P. No. 236, (b) Notice required by 42 Pa.C.S.A. ~2737.1 and (c) Notice under PA Rule Civil Procedure 2958.1 by Certified Mail- Restricted Delivery on September 26,2006,2006, at 917 West Louther Street, Carlisle, P A 17013 as provided by Pa.R.Civ.P. 403, as is evidenced by a true and correct copy of the Certified Mail card signed by Virginia R. Adams. Respectfully submitted, McNEES WALLACE & NURICK LLC Date: September 29,2006 By ]furffi1'\ W ~'\d~ Cion W. Davidson Attorney LD. 79139 100 Pine Street P.O. Box 1166 Harrisburg, P A 17108-1166 cdavidson@mwn.com Phone: (717) 232-8000 V\? Attorney for Integrity Bank 2. Article Number III ~IIIUI ~u IIIII1 71bO 3COJ. .If., S:J.lf2 S666 3. Service Type CERnRED MAIL 4. Restricted Delivery? (Extra Fee) 1. Article Addressed to: KJVes Virginia R. Adams 917 West Louther Street Carlisle, PA 17013 21328-0079 225 - Davidson ~~=- 0_ DNo PS Form 3811, January 2005 Domestic Return Receipt (") c: <:: ...,.-) i~' q)f:; ::C:,:::C ~?:'- c;t, 1 :, S;t. 2 -'l: C.., . ) -i-: ,-,. ., ~_. ~ C__' -~-:-. :~ .-<. INTEGRITY BANK, Plaintiff, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 06-5492 Civil Term VIRGINIA R. ADAMS, Defendant CNIL ACTION - LAW PRAECIPE TO RELEASE CERTAIN REAL PROPERTY FROM JUDGMENT LIEN Plaintiff, Integrity Bank, does hereby release and forever discharge the real property known and numbered as 478 Stone House Road, Carlisle, Pennsylvania, 17013, and more particularly described in Record Book 270, Page 4966 in the Cumberland County Recorder of Deeds Office, from the operation and effect of its judgment obtained in the above captioned case. Nothing contained herein shall be deemed to satisfy the judgment, or release the judgment, obtained in the above captioned case from any other real property owned by the Defendant, Virginia R. Adams, and the judgment shall remain in full force and effect. Respectfully submitted, Date: November 3, 2006 \- McNEES WALLACE & NURICK LLC BY~~ C yto W. ~vidson Attorney J.D. 79139 100 Pine Street P.O. Box 1166 Harrisburg, P A 17108-1166 cdavidson@mwn.com Phone: (717) 232-8000 Attorney for Plaintiff, Integrity Bank -4A. ~ trt ~ \> ~ - - ~ r ~ t)-J U) - ~ J.J ,..Q 0 ~ .-l-. r-" tj s:; ':"1'-\ 0... -::t: "C~') ..c. , c::t' ~ --f" (0, \":::, -r'};.....~\. _:::'-, "'.,..- -:;:, ~ ,-",.) .- o --