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Home My WebLink About06-6400LAMM RUBENSTONE LESAVOY BUTZ & DAVID LLC By: Stephen Levin, Esquire Jonathan K. Moore, Esquire Attorney I.D. Nos. 19300 & 89416 3600 Horizon Boulevard, Suite 200 Trevose, PA 19053 (215) 638-9330 (215) 638-2867 - Facsimile Attorneys for Plaintiff SOVEREIGN BANK 619 Alexander Road Princeton, New Jersey 08540 Plaintiff, COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO. vs. ADAMS CHIROPRACTIC, P.C. 246 South Lehigh Avenue Frackville, PA 17931 and RICHARD T. ADAMS, JR. 1840 Sapling Court Mechanicsburg, PA 17055 and MICHELLE ADAMS 1840 Sapling Court Mechanicsburg, PA 17055 Defendants. Adams Chiropractic, P.C. 246 South Lehigh Avenue Frackville, PA 17931 Richard T. Adams, Jr. 1840 Sapling Court Mechanicsburg, PA 17055 NOTICE oc? 'L Michelle Adams 1840 Sapling Court Mechanicsburg, PA 17055 PURSUANT TO RULE 236 OF THE SUPREME COURT OF PENNSYLVANIA, YOU ARE HEREBY NOTIFIED THAT JUDGMENT HAS BEEN ENTERED AGAINST YOU IN THE ABOVE PROCEEDING AS INDICATED BELOW. PROTHONOTARY Judgment by Default X Money Judgment Judgment in Replevin Judgment for Possession Judgment on Award of Arbitration 345153-1 Judgment on Verdict Judgment on Court Findings IF YOU HAVE ANY QUESTIONS CONCERNING THIS NOTICE, PLEASE CALL, ATTORNEY, JONATHAN K. MOORE, ESQUIRE, AT THIS TELEPHONE NUMBER: (215 638-9330. 345153-1 11 LAMM RUBENSTONE LESAVOY BUTZ & DAVID LLC By: Stephen Levin, Esquire Jonathan K. Moore, Esquire Attorney I.D. Nos. 19300 & 89416 3600 Horizon Boulevard, Suite 200 Trevose, PA 19053 (215) 638-9330 (215) 638-2867 - Facsimile Attorneys for Plaintiff SOVEREIGN BANK 619 Alexander Road Princeton, New Jersey 08540 Plaintiff, vs. ADAMS CHIROPRACTIC, P.C. 246 South Lehigh Avenue Frackville, PA 17931 and RICHARD T. ADAMS, JR. 1840 Sapling Court Mechanicsburg, PA 17055 and MICHELLE ADAMS 1840 Sapling Court Mechanicsburg, PA 17055 Defendants. COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO. PRAECIPE TO TRANSFER JUDGMENT TO THE PROTHONOTARY: Pursuant to the Uniform Enforcement of Foreign Judgments Act, 42 Pa. C.S.A. §4306, kindly enter judgment in favor of Plaintiff, Sovereign Bank and against Defendants, Adams Chiropractic, P.C., Richard T. Adams, Jr. and Michelle Adams, based on the attached Certified Judgment and Docket Entries, which were recorded in the Court of Common Pleas of Schuylkill County, February 6, 2006, in the amount of $30,756.60, plus post judgment interest from the date of judgment. LAMM RUBENSTONE LESAVOY BUTZ & DAVID LLC Dated: By. Jo an K. Moore, Esquire ttorneys for Plaintiff 345153-1 N Commonwealth of Pennsylvania, County of Schuylkill, Prothonotary's Form No. 33 SOVEREIGN BANK Among the Records and Proceedings of The Court of Common Pleas, in and for the state and Country aforesaid to vs ADAMS CHIROPRACTIC P.C. And RICHARD T. ADAMS JR. And MICHELLE ADAMS See attached certified docket entries. No. J-302-2006 I, Peter J. Symons, Jr., do certify that a judgment was entered in favor of the Plaintiff, Sovereign Bank, and against Adams Chiropractic, P nd Richard T. Adams, Jr. and Michelle Adams, defendant. Peter y ons, Jr. Defendant Plaintiff Docket # Lien Date of Ent Amount Adams Chiropractic P.C. and Richard T. Adams Jr. and Michelle Adams Sovereign Bank J-302-2006 Judgment 2/2/06 $30,756.60 A& r 0 o d I ? I I l a r-. M. r-L CA z o I ry I '' I (? I C ?, w O GZ• vJ, I C I P7, ?xi I C D I u r o N 0 i id i i ?a? CL . (1 I C) ? I I O I ? I ?. I i i LAMM, RUBENSTONE, TOTARO & DAVID, LLC N By: Stephen Levin, Esquire Jonathan K. Moore, Esquire Attorney I.D. Nos. 19300 & 89416 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 SCHUYKILL COUNTY, PENNSYLVANIA Princeton, NJ 08540 Plaintiff, V. ADAMS CHIROPRACTIC, P.C. 246 South Lehigh Avenue Frackville, PA 17931 and RICHARD T. ADAMS, JR. 1840 Sapling Court Mechanicsburg, PA 17055 and MICHELLE ADAMS 1840 Sapling Court Mechanicsburg, PA 17055 Defendants. NO. r- c_: V; cr r, c? . c; s- IV D vi 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: STEPHEN LEVIN, ESQUIRE OR JONATHAN K. MOORE, ESQUIRE, at this telephone number: (215) 638-9330. Prothonotal& Certified from the Records this........,.. day of AA. D. 327b26-I PROTHONOTARY O?'?,ARY - C?'IXudr e&,. First 4onday c?d'. IOn? y20 0 LAMM, RUBENSTONE, TOTARO & DAVID, LLC By: Stephen Levin, Esquire Jonathan K. Moore, Esquire Attorney I.D. Nos. 19300 & 89416 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 SCHUYKILL COUNTY, PENNSYLVANIA Princeton, NJ 08540 a,?p Plaintiff, NO.,,--'?i V. N ADAMS CHIROPRACTIC, P.C. 246 South Lehigh Avenue Frackville, PA 17931 and RICHARD T. ADAMS, JR. 1840 Sapling Court r-, Mechanicsburg, PA 17055 v and MICHELLE ADAMS 1840 Sapling Court > 0117 Mechanicsburg, PA 17055 < < Defendants. 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 a judgment 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. 327626-1 (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. (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: Stephen Levin, Esquire Jonathan K. Moore, Esquire Lamm, Rubenstone, Totaro & David, LLC 3600 Horizon Boulevard, Suite 200 Trevose, PA 19053 (215) 638-9330 327626-1 t '. LAMM, RUBENSTONE, TOTARO & DAVID, LLC By: Stephen Levin, Esquire Jonathan K. Moore, Esquire Attorney I.D. Nos. 19300 & 89416 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 SCHUYKILL COUNTY, PENNSYLVANIA Princeton, NJ 08540 Plaintiff, NO. V. ?f , ADAMS CHIROPRACTIC, P.C. 246 South Lehigh Avenue Frackville, PA 17931 and RICHARD T. ADAMS, JR. 1840 Sapling Court Mechanicsburg, PA 17055 J and MICHELLE ADAMS 1840 Sapling Court Mechanicsburg, PA 17055 Defendants. PRAECIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY: h. c.? c3 U. N ccF C7 -c;CD J Jr N D vi I Please enter our appearances for Sovereign Bank, the Plaintiff in the above-captioned matter. LAMM, RUBENSTONE, TOTARO & DAVID, LLC Date: (Z-31 0(p By: ephen Levin, Esquire Jonathan K. Moore, Esquire Attorneys for Plaintiff 327626-1 r LAMM, RUBENSTONE, TOTARO & DAVID, LLC By: Stephen Levin, Esquire Jonathan K. Moore, Esquire Attorney I.D. Nos. 19300 & 89416 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 SCHUYKILL COUNTY, PENNSYLVANIA Princeton, NJ 08540 Plaintiff, NO.? V. ADAMS CHIROPRACTIC, P.C. 246 South Lehigh Avenue Frackville, PA 17931 and RICHARD T. ADAMS, JR. 1840 Sapling Court Mechanicsburg, PA 17055 and MICHELLE ADAMS 1840 Sapling Court Mechanicsburg, PA 17055 Defendants. r N toy=: N 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 Line of Credit Note (the "Note"), dated September 18, 2003, executed by Defendant, Adams Chiropractic, P.C. ("Adams Chiropractic'), evidencing a line of credit in the original principal amount of $30,000.00, and Unconditional Personal Guarantees (the "Guarantees") executed by Defendants, Richard T. Adams, Jr. ("RAdams") and Michelle Adams ("MAdams") dated September 18, 2003, (true and correct copies of which Note and Guarantees are attached hereto and incorporated herein by reference), I appear for the Defendants, Adams Chiropractic, P.C., Richard T. Adams, Jr. and Michelle Adams and Confess Judgment in favor of Plaintiff and against Defendants, Adams t?,-j G 327626-1 ? , .. T N Chiropractic, P.C., Richard T. Adams, Jr. and Michelle Adams, in the amount of $30,756.60 and assess the following damages which are readily calculated by reference to the Note: (a) Principal $28,133.51 (b) Accrued Interest $972.30 (up to and including 112312006 plus per diem o $10.34 thereafter) (c) Late Fees and other fees $175.00 (d) Costs of Suit $20.50 (e) Attorneys' Fees (5% of unpaid principal and accrued interest per the Note) $1,455.29 TOTAL $30,756.60 The precise address of Sovereign Bank is 619 Alexander Road, Princeton, New Jersey 08540. The last known address of Defendant, Adams Chiropractic is 246 South Lehigh Avenue, Frackville, Pennsylvania 17931. The last known address of Defendants, Richard T. Adams, Jr. and Michelle Adams is 1840 Sapling Court, Mechanicsburg, Pennsylvania 17055 LAMM, RUBENSTONE, TOTARO & DAVID, LLC Date: By: Jo an K. Moore, Esquire ttorneys for Defendants 327626-1 r LAMM, RUBENSTONE, TOTARO & DAVID, LLC By: Stephen Levin, Esquire Jonathan K. Moore, Esquire Attorney I.D. Nos. 19300 & 89416 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 SCHUYKILL COUNTY, PENNSYLVANIA Princeton, NJ 08540 Plaintiff, NO. V. D? ADAMS CHIROPRACTIC, P.C. 246 South Lehigh Avenue Frackville, PA 17931 and RICHARD T. ADAMS, JR. 1840 Sapling Court Mechanicsburg, PA 17055 '- N and MICHELLE ADAMS -< < 1840 Sapling Court N Mechanicsburg, PA 17055 -' Defendants. COMPLAINT IN CONFESSION OF JUDGMENT 1. Plaintiff, Sovereign Bank, ("Sovereign"), is a Federal Savings Bank chartered by the Office of Thrift Supervision with a place of business located at 619 Alexander Road, Princeton, New Jersey 08540. 2. Defendant, Adams Chiropractic, P.C. ("Adams Chiropractic") is a professional corporation organized and existing under the laws of the Commonwealth of Pennsylvania, whose last known address to Sovereign is 246 Lehigh Avenue, Frackville, Pennsylvania 17931. 3. Defendant, Richard T. Adams, Jr. ("RAdams") is an adult individual and President of Adams Chiropractic, whose last known address to Sovereign is 1840 Sapling Court, Mechanicsburg, Pennsylvania 17055. 327626-1 4. Defendant, Michelle Adams ("MAdams") is an adult individual and Secretary and Treasurer of Adams Chiropractic, whose last known address to Sovereign is 1840 Sapling Court, Mechanicsburg, Pennsylvania 17055. 5. On or about September 18, 2003, Adams Chiropractic executed and delivered to Sovereign, among other loan documents, a certain Line of Credit Note (the "Note") evidencing a certain line of credit in the principal amount of $30,000.00 from Sovereign to Adams Chiropractic and which contains a Confession of Judgment provision and other terms and provisions which are more particularly described therein. A true and correct copy of the Note is attached hereto, made a part hereof and marked as Plaintiff's Exhibit "A". 6. The Note requires, inter alia, that Adams Chiropractic pay the Note on demand. Until demand is made, Adams Chiropractic will pay regular monthly payments of all accrued unpaid interest due as of each payment date, beginning on October 18, 2003, with all subsequent interest payments to be due on the same day of each month thereafter. 7. In order to secure the obligations evidence by the Note, and to induce Sovereign to enter into the Line of Credit, on or about September 18, 2003, RAdams and MAdams each made, executed, and delivered to Sovereign an Unconditional Personal Guaranty (collectively referred to as the "Guarantees"), wherein RAdams and MAdams unconditionally guaranteed payment to Sovereign of all amounts due and owing under the Line of Credit, and which contain a Confession of Judgment provision. A true and correct copy of the Guarantees is contained within the Note, attached hereto as Exhibit "A." 8. Adams Chiropractic breached the terms of the Note and RAdams and MAdams breached the terms of the Guarantees, and both became in default thereof, by virtue of, inter alia, their failure to make the monthly payment as required by the Note for the month of October, 2005, and all payments due subsequently thereafter. 327626-1 9. As a result of said defaults, Sovereign exercised its option to declare and demand the entire amount due and owing under the Note as immediately due and payable. A true and correct copy of the notice of default and acceleration sent to Adams Chiropractic, RAdams and MAdams is attached hereto, made a part hereof, and marked as Plaintiffs Exhibit "B." 10. By reason of the breach and default of the Note by Adams Chiropractic and the breach and default of the Guarantees by RAdams and MAdams, Sovereign exercises its right to declare as due, and does declare as now due for entry of Judgment against Adams Chiropractic, RAdams and MAdams the entire amounts now owing and to become owing pursuant to the Note and the Guarantees. 11. In accordance with the terms and conditions of the Note and the Guarantees the Defendants are liable for: (a) Principal $28,133.51 (b) Accrued Interest $972.30 (up to and including 112312006 plus per diem o $10.34 therea er (c) Late Fees and other fees $175.00 (d) Costs of Suit $20.50 (e) Attorneys' Fees (5% of unpaid principal and accrued interest per the Note) $1,455.29 TOTAL $30,756.60 12. Despite demand for payment, Defendants Adams Chiropractic, RAdams and MAdams have failed and refused to pay all sums due and owing, or any portion thereof under the Note. 13. The Note and the Guarantees contain therein the authority to confess judgment. 14. Judgment has not been entered on the Note or the Guarantees in any jurisdiction. 15. The Note and the Guarantees have not been further assigned. 327626-1 . 16. The Note and the Guarantees were 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. 17. An Averment of Default regarding the Note and the Guarantees is attached hereto. 18. Under the terms and conditions of the Note, Sovereign is entitled to continually accruing interest at the default rate, attorney's fees and costs until the satisfaction of the Note. WHEREFORE, the Plaintiff, Sovereign Bank, demands that Judgment be entered against Defendants, Adams Chiropractic, P.C., Richard T. Adams, Jr. and Michelle Adams in the sum of $30,756.60, and a per diem of $10.34 in accordance with the terms of the Note, as authorized by the Warrant of Attorney contained within the Note, which sum includes the aforesaid principal, interest, late charges, costs of suit and attorney's fees. LAMM, RUBENSTONE, TOTARO & DAVID, LLC Date: By: K. Moore, Esquire s for Plaintiff 327626-1 VERIFICATION Andrew Rohmeyer, sworn according to law, verifies that he is Vice President of the Plaintiff, Sovereign Bank, and he 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 his knowledge, information and belief; and that he understands that the foregoing statements are made subject to the penalties of 18 Pa.C.S.A. §4904 related to unworn falsifications to authorities. SOVEREIGN BANK Date:_ 1 X10 6 By: Andrew Ro ever Vice President 327626-1 LAMM, RUBENSTONE, TOTARO & DAVID, LLC By: Stephen Levin, Esquire Jonathan K. Moore, Esquire Attorney I.D. Nos. 19300 & 89416 3600 Horizon Boulevard, Suite 200 Trevose, PA 19053 (215) 638-9330/(215) 638-2867 - Facsimile Attorneysfor Plaintiff SOVEREIGN BANK COURT OF COMMON PLEAS 619 Alexander Road SCHUYKILL COUNTY, PENNSYLVANIA Princeton, NJ 08540 Plaintiff, NO. V. ADAMS CHIROPRACTIC, P.C. 246 South Lehigh Avenue Frackville, PA 17931 and RICHARD T. ADAMS, JR. 1840 Sapling Court Mechanicsburg, PA 17055 and MICHELLE ADAMS 1840 Sapling Court Mechanicsburg, PA 17055 Defendants. [Y t"; AFFIDAVIT _a Andrew Rohmeyer, being duly sworn according to law, deposes and says that he is Vice President of Sovereign Bank; that he 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 his knowledge, information and belief; that the statements made herein are made subject to the penalty of law related to unswom falsifications made to authorities pursuant to 18 Pa.C.S.A. §4904; and that the Note, the Guarantees and the Notice of Default and Acceleration, Exhibits "A" and "B" are true and correct copies of the originals. Sworn to and Subs bed before me thi, day o 2 Not Publ' (V m ?'?' MARY GROMACK NOTARYM WQEWWJN W coaaNila I69w1119/m SOVEREIGN BANK ByC? Andrew Rohmeyer Vice President 327626-1 LAMM, RUBENSTONE, TOTARO & DAVID, LLC By: Stephen Levin, Esquire Jonathan K. Moore, Esquire Attorney I.D. Nos. 19300 & 89416 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 SCHUYKILL COUNTY, PENNSYLVANIA Princeton, NJ 08540 Plaintiff, V. ADAMS CHIROPRACTIC, P.C. 246 South Lehigh Avenue Frackville, PA 17931 and RICHARD T. ADAMS, JR. 1840 Sapling Court Mechanicsburg, PA 17055 and NO. MICHELLE ADAMS 1840 Sapling Court Mechanicsburg, PA 17055 Defendants. AVERMENT OF DEFAULT r N f" ..r cs?F1 CD - ? M --+ ;?, ? C1N Andrew Rohmeyer, being duly sworn according to law, deposes and says that he is Vice President of the Plaintiff, Sovereign Bank; that he is authorized to make this Affidavit on behalf of Plaintiff; that the Defendant, Adams Chiropractic, P.C. is in default of the Note, and Defendants, Richard T. Adams, Jr. and Michelle Adams are in default of the Guarantees, and have been so for a period of five (5) days; and that there is $30,756.60 due and owing as of January 23, 2006, including principal, interest, late fees, costs of suit and attorney's fees. Sworn t and Subs 'bed before me this j day of , 2006. ,boo ./7 9 M !L Not Pi NOTARY K= OF 1!MMKY corn, a?aiilu?oos SOVEREIGN BANK By: _ Andrew Rohmeyer Vice President 327626-1 LAMM, RUBENSTONE, TOTARO & DAVID, LLC By: Stephen Levin, Esquire Jonathan K. Moore, Esquire Attorney I.D. Nos. 19300 & 89416 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 SCHUYKILL COUNTY, PENNSYLVANIA Princeton, NJ 08540 Plaintiff, NO. V. ADAMS CHIROPRACTIC, P.C. 246 South Lehigh Avenue Frackville, PA 17931 and RICHARD T. ADAMS, JR. "-? 1840 Sapling Court -., Mechanicsburg, PA 17055 '-' and , _:. . MICHELLE ADAMS 1840 Sapling Court Mechanicsburg, PA 17055 Defendants. _a AFFIDAVIT OF BUSINESS TRANSACTION Andrew Rohmeyer, being duly sworn according to law, deposes and says that he is Vice President of Plaintiff, Sovereign Bank; that he 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. SOVEREIGN BANK By: Andrew Rohmeyer Vice President Sworn to and Subs bed before me thi day o 2006 Not Public m UM M MARY 4KWACX NMAIY KNX OF 1lw M91Y co ,e 1"ae 09/X06 327626-1 LAMM, RUBENSTONE, TOTARO & DAVID, LLC By: Stephen Levin, Esquire Jonathan K. Moore, Esquire Attorney I.D. Nos. 19300 & 89416 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 SCHUYKILL COUNTY, PENNSYLVANIA Princeton, NJ 08540 Plaintiff, V. ADAMS CHIROPRACTIC, P.C. 246 South Lehigh Avenue Frackville, PA 17931 and RICHARD T. ADAMS, JR. 1840 Sapling Court Mechanicsburg, PA 17055 and MICHELLE ADAMS NO. 1840 Sapling Court Mechanicsburg, PA 17055 Defendants. AFFIDAVIT OF NON-APPLICABILITY OF GOODS AND SERVICES INSTALLMENT SALES ACT >u J v: Andrew Rohmeyer, being duly sworn according to law, deposes and says that he is Vice President, Sovereign Bank; that he 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 his knowledge, information, and belief. SOVEREIGN BANK By: Andrew Rohmeyer Vice President Sworn and Sub 'bed before me thiday o 2006. Notau Pu is Y1r`WhC-ANj Gne) (nAC MARY WOMACK NOTARY POW OF NEW ARSEY CMWAWW 60mg/19/2006 327626-1 LAMM, RUBENSTONE, TOTARO & DAVID, LLC By: Stephen Levin, Esquire Jonathan K. Moore, Esquire Attorney I.D. Nos. 19300 & 89416 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 SCHUYKILL COUNTY, PENNSYLVANIA Princeton, NJ 08540 Plaintiff, NO. V. ADAMS CHIROPRACTIC, P.C. 246 South Lehigh Avenue Frackville, PA 17931 and RICHARD T. ADAMS, JR. ,._. 1840 Sapling Court a ._ Mechanicsburg, PA 17055 _ and MICHELLE ADAMS ?v =? r= 1840 Sapling Court Mechanicsburg, PA 17055 Defendants. - "' N J AFFIDAVIT OF NON-CONSUMER CREDIT TRANSACTION Andrew Rohmeyer, being duly sworn according to law, deposes and says that he is 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. SOVEREIGN BANK By: Andrew Rohmeyer Vice President Sworn to and Subs bed before me thiaj day o 2006. Not Pub 1fj W?e 0 jJj?4te 1iAAkY GROMACK ot,IBM OW IOW Jl y 327626-1 LAMM, RUBENSTONE, TOTARO & DAVID, LLC By: Stephen Levin, Esquire Jonathan K. Moore, Esquire Attorney I.D. Nos. 19300 & 89416 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 SCHUYKILL COUNTY, PENNSYLVANIA Princeton, NJ 08540 Plaintiff, NO. V, ADAMS CHIROPRACTIC, P.C. 246 South Lehigh Avenue Frackville, PA 17931 and RICHARD T. ADAMS, JR. 1840 Sapling Court Mechanicsburg, PA 17055 : and MICHELLE ADAMS 1840 Sapling Court Mechanicsburg PA 17055 fv Defendants. > AFFIDAVIT OF NON-MILITARY SERVICE AND CONJUGAL INCOME 01 r t- 47 Andrew Rohmeyer, being duly sworn according to law, deposes and says that he is Vice President of Plaintiff, Sovereign Bank; that he is authorized to make this Affidavit on behalf of Plaintiff, that to the best of his knowledge, information and belief, the Defendant, Adams Chiropractic, P.C. is a corporation and therefore, is 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, Adams Chiropractic, P.C., is in excess of $10,000.00. SOVEREIGN BANK By: Sworn to and Sub 'bed before me Andrew Rohmeyer this day o 21, 06. Vice President of Publ c /'77 /?L t?p?B f>t?G MARY GROMACC 40TARY MAW OF WW JliW R4mmi?ian u/19/Z006 327626-1 LAMM, RUBENSTONE, TOTARO & DAVID, LLC By: Stephen Levin, Esquire Jonathan K. Moore, Esquire Attorney I.D. Nos. 19300 & 89416 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 SCHUYKILL COUNTY, PENNSYLVANIA Princeton, NJ 08540 Plaintiff, NO. V. : ADAMS CHIROPRACTIC, P.C. 246 South Lehigh Avenue Frackville, PA 17931 and - L RICHARD T. ADAMS, JR. - , - 1840 Sapling Court ?- - Mechanicsburg, PA 17055 -4=. and MICHELLE ADAMS j -+ 1840 Sapling Court Mechanicsburg, PA 17055 Defendants. AFFIDAVIT OF LAST KNOWN ADDRESS Andrew Rohmeyer, being duly sworn according to law, deposes and says that he is Vice President of Plaintiff, Sovereign Bank; that he is authorized to make this Affidavit on behalf of Plaintiff; that the last known address of the Defendant, Adams Chiropractic, P.C. is 246 Lehigh Avenue, Frackville, Pennsylvania 17931. SOVEREIGN BANK By: Andrew Rohmeyer Vice President Sworn to and Subs 'bed before me this ! j _day j*s 2006. to ublic m??y /JI?? MARY GROMACK NOTARY PUBLIC OF NEW AM 327626-1 Commbabn T W19/2W. LAMM, RUBENSTONE, TOTARO & DAVID, LLC By: Stephen Levin, Esquire Jonathan K. Moore, Esquire Attorney I.D. Nos. 19300 & 89416 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 SCHUYKILL COUNTY, PENNSYLVANIA Princeton, NJ 08540 Plaintiff, NO. V. ADAMS CHIROPRACTIC, P.C. 246 South Lehigh Avenue Frackville, PA 17931 Y and -, , RICHARD T. ADAMS, JR. - 1840 Sapling Court N) C,? - :: Mechanicsburg, PA 17055 y <? and a MICHELLE ADAMS Zv ui 1840 Sapling Court Mechanicsburg, PA 17055 Defendants. AFFIDAVIT OF NON-MILITARY SERVICE AND CONJUGAL INCOME Andrew Rohmeyer, being duly swom according to law, deposes and says that he is Vice President of Plaintiff, Sovereign Bank; that he is authorized to make this Affidavit on behalf of Plaintiff, that to the best of his knowledge, information and belief, the Defendant Richard T. Adams, Jr. is 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, Richard T. Adams, Jr. is in excess of $10,000.00. SOVEREIGN BANK By: Andrew Rohmeyer Vice President Sworn to and Subscribed before me this JO day of 2006. ota Publ c fy-%1=4n%j Gno M *? 327626-1 NOTARY F1 BWOF NEW jM CWW**^ III/19/20W, LAMM, RUBENSTONE, TOTARO & DAVID, LLC By: Stephen Levin, Esquire Jonathan K. Moore, Esquire Attorney I.D. Nos. 19300 & 89416 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 SCHUYKILL COUNTY, PENNSYLVANIA Princeton, NJ 08540 Plaintiff, NO. V. ADAMS CHIROPRACTIC, P.C. 246 South Lehigh Avenue Frackville, PA 17931 and RICHARD T. ADAMS, JR. r: 1840 Sapling Court Mechanicsburg, PA 17055 and MICHELLE ADAMS ?' s- rf 1840 Sapling Court Mechanicsburg, PA 17055 Defendants. AFFIDAVIT OF LAST KNOWN ADDRESS Andrew Rohmeyer, being duly sworn according to law, deposes and says that he is Vice President of Plaintiff, Sovereign Bank; that he is authorized to make this Affidavit on behalf of Plaintiff; that the last known address of the Defendant, Richard T. Adams, Jr. is 1840 Sapling Court, Mechanicsburg, Pennsylvania 17055. SOVEREIGN BANK Andrew Rohmeyer Vice President Sworn to and Subscribed before me this _Ba_day o 2006. AV4,- Noigry MARY GROMACK NOTARY PtXW OF NEW WAY Corr mkoon Pq*MU/)yt 327626-1 LAMM, RUBENSTONE, TOTARO & DAVID, LLC By: Stephen Levin, Esquire Jonathan K. Moore, Esquire Attorney I.D. Nos. 19300 & 89416 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 SCHUYKILL COUNTY, PENNSYLVANIA Princeton, NJ 08540 Plaintiff, V. ADAMS CHIROPRACTIC, P.C. 246 South Lehigh Avenue Frackville, PA 17931 and RICHARD T. ADAMS, JR. 1840 Sapling Court Mechanicsburg, PA 17055 and MICHELLE ADAMS 1840 Sapling Court Mechanicsburg, PA 17055 NO. r-. N > Defendants. AFFIDAVIT OF NON-MILITARY SERVICE AND CONJUGAL INCOME Andrew Rohmeyer, being duly sworn according to law, deposes and says that he is Vice President of Plaintiff, Sovereign Bank; that he is authorized to make this Affidavit on behalf of Plaintiff; that to the best of his knowledge, information and belief, the Defendant, Michelle Adams is 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, Michelle Adams is in excess of $10,000.00. SOVEREIGN BANK By Swo to and Sub bed before me thi day o , 2006. No P is eI7 MARY GROMACK NOTARY P1J X OF NEW JE a 327626-1 s1t??00? Andrew Rohmeyer Vice President LAMM, RUBENSTONE, TOTARO & DAVID, LLC By: Stephen Levin, Esquire Jonathan K. Moore, Esquire Attorney I.D. Nos. 19300 & 89416 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 SCHUYKILL COUNTY, PENNSYLVANIA Princeton, NJ 08540 : Plaintiff, NO. V. ADAMS CHIROPRACTIC, P.C. 246 South Lehigh Avenue Frackville, PA 17931 and RICHARD T. ADAMS, JR. 1840 Sapling Court Mechanicsburg, PA 17055 and ra- . ri MICHELLE ADAMS _ 1840 Sapling Court Mechanicsburg, PA 17055 '" Defendants. AFFIDAVIT OF LAST KNOWN ADDRESS NO Andrew Rohrneyer, being duly sworn according to law, deposes and says that he is Vice President of Plaintiff, Sovereign Bank; that he is authorized to make this Affidavit on behalf of Plaintiff; that the last known address of the Defendant, Michelle Adams is 1840 Sapling Court, Mechanicsburg, Pennsylvania 17055. SOVEREIGN BANK B, Andrew Rohmeyer Vice President Sworn to and Subscried before me th' day o 2006. N Public MARY GROMACK NOTARY PlOX OF NEW J v Conr"W ft*Asl{ -49 49ro d 327626-1 Promissory Note Sovereign Bank AUTHORIZING RESOLUTION (For corporate, limited liability company and other entity applicants,) Page 2 of 9 RESOLVED, That Richard AAaMS . r. and/or -Michelle Adami are authorized to apply for credit on behalf of ibis Corporation; and FURTHER RESOLVED, That each of the above-named individual(s) Is(are) authorized to sign and deliver any notes, in any amount, security agreements as to all or any of the Company's assets and any renewal, modifieatiun, extension and other agreements on behalf of this Company. CERTIFICATION. I certify that; I am the Secretary, Assistant Secretary or other authorized official of the Company; the foregoing resolutions were adopted by the Company's Board of Dirceton, General Partners, Managers or other governing body; arc in conformity with the provisions or the Company's organizational documents; are in full force and effect and have not been modified or revoked; and the signatures and titles set forth4o the attached documents are the genuine signatures and titles of the persons indicated. Sig atom ofSccrctsry or Assistani Sc?.:rc::iy. 1? General Partner or Member PROMISSORY/TERM LOAN/LINE OF CREDIT NOTE (For loans and lines of credit in the principal amoan( of 5100,000 or leas) Date: t91/_WQO3_ Loan/Line• No. To be asslgaed MR VALUE RECEIVED, Adams Chiroorat1gX C. (individually and colifttively, jointly and severally (the "Burrower") with as address at -Z46 -L higy, Fr kviAtj-"PA . 17431 unconditionally, without secotior defalcation promises to pay to the order of Sovereign Bank ("Lender") principal In the amount of O.Q, or such lesser amount as may be approved by Lender, plus Interest at the rate and according to the terms provided for In this PromissorylTerm LowdUao of Credit Note (this "Note"). Borrower acknowledges that If Lender notifies Borrower it has been approved for a leaser amount and, thereafter, Burrower accepts an advance hereunder, Borrower will be doomed to have agreed to repay to Leader whatever amount Lender may lend from time to time. Line of Credit All Advnncxs shall be payable on demand. Until demand is made. the Borrower will pay rt%ular monthly payments of all accrued unpaid intcrest due as of each payment date, beginning on October 11 t. 2003. witli aTi tubtequcnt interest payments to be duo on the same day of each month thcrceRer, with a final payment of all unpaid principal, interest, late rhargea and al I other amounts tnoovernble under any other documents executed in connection hcrwith (the "LA= Dneumcnts")duc on DEMAND. Prior to default hereunder and until all amounts evidenced by this Notc are paid in full. Intamt shall scenic on all amounts outstanding from time to time at a variable annual rate of Landees Prevailing Base !fate (bank's Published Prime Rate) plus 1.99 *A . This loan may be subject to unnual m-vicw and renewal by the Lender which shall be in Lendces sole disevetlon, provided that any such review shall not impair the Lcndees right to demand repayment at any other times If the Lender has terminated its commitment to make Advenc w but has not demanded full payment on the balain:, on each payment date the Borrower Mail pay: (a) all accreted interest and unpaid into= and other Charges assessad to the account through the paymtmt due date: and (b) one Perth-eight Q MEW) or tho principal balance outstanding of the date the Bank terminated its commitment to make advanc". (See Additional Interest Rate Provisions below.) ADVANCES. Any advance hereunder by Lender shall be conclusively presumed to have been made at the request of Borrower when (1) deposited or credited to an account of Borrower with Lender, or (2) made In accordance with the oral or written instructions of Borrower, or a party authorized to transact business on behalf of Borrower. In the came of a line of credit, http://www.sb3.wv/sb3app/docs/65C42922.1-itml 09/18/2003 Promissory Note Page 3 of 9 Borrower shall obtain advances from Lender up to the Credit Limit by drawing a Business Line of Credit check. Any advances, either using Business Line of Credit Checks or otherwise, which cause the outstanding principal balance of the loan to exceed the face amount of this Note, will be payable on demand and added to the principal amount evidenced by this Note and the Borrower promises to pay the Lender all interest accrued on this amount as well as all additional monies advanced over the face amount. INTEREST. Interest shall be calculated on the basis of a 360-day year, counting the actual number of days elapsed. In the event that Leader's Prevailing Ban Rate is applicable. Borrower acknowledges that Lender's Prevailing Base Rate is designated from time to time, is subject to change without prior notice to Borrower and is not represented or intended to he the lowest or most favorable rate of interest offered by Leader. Each time Lender's Prevailing Base Rate changes, the interest rate hereunder shall change contemporaneously with such change effective as the opening on the date of change. Subsequent to demand and continuing after the entry of any judgment against Borrower, with respect to the obligations evidenced by this Note, Interest shall accrue at an aaoual rate which shall be four percent (4%) plus the interest rate otherwise payable hereunder (the "Default Rate"). LATE CHARGES. If any payment due under this Note is not received by Lender within Fifteen (15) days after It is due, Borrower shall pay a late charge to Leader of Five (56%) percent of the overdue payment, but in no event will the late charge be less than Twenty-five ($25.00) Dollars. Any such fate charge assessed Is Immediately due and payable. FINANCIAL RECORDS. Borrower shall ahaintain its books and records at all times in accordance with CAAP, applied on a consistent basis, and permit the Lender (upon request) to examine and audit Borrower's books and records at all reasonable times. FINANCIAL INFORMATION. Borrower shall furnish, within a reasonable time upon Lender's request, all financial tnforhnatio¦ pertaining to Borrower such as but not limited to tax returns. CHANCE IN FINANCIAL. CONDITIONS. Borrower shall notify the Lender, within five (5) business days, orany substantial change in the florrowerhs financial condition. ANNUAL CREDIT LINE FEE. On each anniversary of the date of this Note, the Borrower will pay Lender an annual renewal fee of 5100.00. This fee represents payment by Borrower, in. advance, for use of the line of credit provided under this Note and Loan Documents. DEPOSIT RELATIONSHIP. Borrower shall maintain its primary deposit relationship with Lender for the term of this AgreemenL ADDITIONAL INTEREST RATE PROVISIONS. Vale= oderwiseagreedorrequiredbyapplicablelaw, sillpayments W be applied J/rst to urtKrest, then to principal. then Jane clw*44 sad aRP rrhwai lhW amount to any raryiaM evIkedon ease. If the Borrower does not open a Sovereign Bank Buslutss Checking aecotmt from which the monthly payment Is automatically deducted for the term of the loan, or refuses the pr"utherized Internal transfer on an existing Sovereign Bank Business Checking, or cancels the pre-authorbed intcraal transfer during the term of thls loan, the Interest rate will automatically be Increased on the Note by an additional 1% over the stated interest rate in the section listed above. Alga, if there are three (3) consecutive monthly occurrences of Insufficient funds Borrower's pe"athorized transfer shall be cancelled and SorrowePs interest rate will be increased by the percentage indicated above. Regardless whether pre-autherlred iaternal transfer is in effect or has been revoked, upon the occurrence of an Event of Default (or any event with which the passage of time or notice could become an Event of Default)6 Lender shall have the right, In addition to all otter rights and remedies available to it, to set off against the unpaid balance of the Loan and any debt owing by the Borrower to tine Lender, any fords In say deposit account malutained by the Borrower with Lender, and any other property of Borrower that may be in the possession of the Lender or Its affiliates without regard to the adequacy of other collateral. Borrower shall not be obligated to pay and Lender shall not collect Interest at a rate in excess of the maximum permitted by law or the maximum that will not subject Lander to any civil or criminal penalties. If, because of the acceleration, the payment of interest In advance or any other reason, Borrower is required, under the provisloas of any Loan Document or otherwise, to pay interest at a rate in excess ofsuch maximum rate, the raft of interest under such provisions shall immediately and automatically be reduced to such maximum rate, and any payment wade in excess of such maxisttnm rate, together with interest thereon at the rate provided heroin from the date of such payment, "I be immediately and automatically applied to the reduction of the unpaid principal balance of this Note as of the date on which such excess payment was made. If Elio amount to be so applied to reduction orthe unpaid principal balance exceeds the unpaid principal halasce, the amount of such cxtexs shall he refunded by Leader to Borrower. CYCLE DOWN PROVISION. The Borrower will be required to pay down the outstanding balance of principal and accrued interest under the Note, at least once a year, to sot more than forty (40%) percent of the Note. The Borrower will not be able to draw amounts over forty (40%) percent of the Note for a period of thirty (30) consecutive days during each year that the Line of Credit Is available. Failure to pay down outstanding balances, as set forth herein is an Event of Default under this Agreement. BUSINESS LINE OF CREDIT CHECKS. The Borrower acknowledges that Business Line of Credit Checks are not the same as checks drawn on a demand deposit account, but constitute rphlyesta for advances on a business line of credit, which may be bttp://www.sb3.sov/sb3app/docs/65C42922.html 09/18/2003 Promissory Note Page 4of9 made at the Lender's sole discretion and are repayable on the Lender's demand. The amount of each Business Lino of Credit Check must be at least s500.00. Lender may refuse to honor any Business Line of Credit Check if: (1) it is received by the Lender after termination of the jf1[aj?B?Line of Crean; or (ti) honoring such check would cause the total of all Borrower's obligations on the loan to exceed the face amount of this Note, (ill) an Event of Default has occurred; (Iv) the amount of such check is less than Five-Hundred ($500.00) Dollars; or (v) the Lender for any other ressea In good falth deems the prospect of repayment of this Note in full to be Impaired. If, however, the Lender honors such a Business Line a(Credlt Check causing the outstanding principal balance of the loan to exceed the face amount of this Note, fife excess amount will be payable on demand and added to the principal amount evidenced by this Note and the Borrower promises to pay the Leader all interest accrued on this amount as well as all additional monies advanced over the face amount. Business Line of Credit Checks may not be used to make any payment due to the Lender. Any authorized representative of Borrower may stop payment on any Business Line *(Credit Check. A stop payment order must be given In time for the Lender to act upon it sad must state the exact amount, exact date and precise identity of the payee of the Business Line of Credit Check. Oral stop payment orders must be confirmed In writing within 14 days. Subject to the provisions of this paragraph, Business Line of Credit Checks are subject to the same rules and regulations as apply to the Lender's business checking accounts. SWEEP AGREEMENT. Borrower acknowledges and authorizes Leader to set up a zero balance Business Checking Account (the "Business Line of Credit Sweep Account") on which Business Line of Credit checks will be drawn for the sole purpose of advancing funds against Borrower's Line of Credit. The Sweep Account Number is W10.7,§51t . EVENTS OF DEFAULT. Each ofthe following shall be to "Event of Default" hereundori (a) the nonpayment when due of any amount owing by Borrower to Lender hereunder or under any other promissory note. Instrument or obligation of whatcvOr kind, heretofore or hereafter incurred, whether due or to become due, fixed or matured, and all interest, late charges, collection agency fees, costs and attorneys` fees (collectively, "Obligations"), or any default or Event of Default by Borrower under or as deflued is any Loan Documents, or the failure of Borrower or any other person or persons liable on the Obligations (collecdvely, "Guarantors") to observe or perform any agreement of any nature whatsoever with Leader or with may affiliate of Lender; (b) Borrower or any Guarantor becomes Insolvent or makes an assignment for the benefit of crediturs, or fails to pay any obligations to others as they mature, or if any petition is filed by or against Borrower or stay Guarantor under any provision ofany state or federal law or statute alleging that Borrower or such Guarantor is insolvent or unable to pay debts ati they mature or under any provision of the United States Bankruptcy Code; (c) the entry of any judgment against any Borrower or any Guarantor or any of Borrower's or any Guarantor's property which remains unsatisfied for thirty (30)days; (d) the issuing of any attachment, levy or garnishment against any property of Borrower or any Guarantor; (c) the occurrence of any substantial change in the condition (financial or otherwise) of any Borrower or any Guarantor that, In the sole judgment of Leader Is materially adverse; M the $410 of all or substantially all of the assets of Borrower or any Gas ranter or any change in ownership or management of Borrower, or the dissolution, liquidation, merger, consolidation or reorganization of Borrower, without the express prior written consent of [.ender; (g) the death, incarceration or adjudication of legal incompetence of the Borrower or any Guarantor; (b) if any information or signature furnished to Leader by Borrower or any Guarantor at say time is false or Incorrect in any material respect; or (1) the failure of Borrower or any Guarantor to timely furnish to Leader such financial and other information as Lender may reasonably request or require pursuant to the Loan Documents or otherwise. RIGHT TO CURE. If ANY default, other than a default on payment, Ie curable and it Borrower or Guarantor, as the case may be, has not been given a notice of a similar default within the preceding twelve (12) months, it may be cured (and no Event of Default will have occurred) if Borrovyer or Guarantor, as the case may be, after receiving written notice from thu Leader demanding cure of such default. (1) cure the default within thirty (30) days; or (2) if the care requires more than thirty (30) days, immediately initiate steps which Lender deems in Leader's sole discretion to be sufficient to cur, the default and tbereafYer continue and complete all reasonable and necessary steps sufficient to produce compliance aA soon as reasonably practical. http://www.sb3.sov/sb3app/docs/65C42922.htmi 09/18/2003 Promissory Note Page; S of 9 EFFECT OF AN EVENT OF DEFAULT. If any Event of Default shall occur, except where otherwise provided in this Note, all commitments and obligations of Lender under this Note or and other agreement immediately will terminate (including stay obligation to make further advances or disbursements), and, at Lender's option, all obligations immediately will become due and payable, all without notice of any kind to Borrower, except that In the case or Event of Default of the type described In the subsection above, such acceleration shall be automatic and not optional. In. addition, Borrower shall have all the rights and remedies provided in the Loan Documents of available at law, in equity, or otherwise Except as may be prohibited by applicable law, all of Lender's rights and remedies shall be cumulative and may be exercised singularly or concurrently. Election by Lender to pursue any remedy Shall not exclude pursuit of any other remedy, and an election to make expenditures of to take action to perform an obligation of Borrower or of any Guarantor shall not *fleet Lender's right to declare a .default and to cxorclss its rights and remedies. EXPENSES. Leader shall be entitled to collect all expenses Incurred in pursuing any payment due hereunder that Is not paid when duc, whether is accordance with the terms bervA, or by acceleration or otherwise (including all costs and attorneys te". incurred in connection with any bankruptcy or Insolvency proeeodhig Involving Borrower), and Borrower agrees to pay all costs of collection Including, without limitation, reasonable attorneys fees and costs of in-bon" and/or outside counsel. MISCELLANEOUS. Waivers; Amendments. Borrower waives the requirements of demand, presentment, protest, notice of protest and dishonor and all other demands or notices of any kind in connection with the delivery, acceptance, performance, default, dishonor or enforcement of this Note. Borrower shall not be released from liability upon a change In the terms of this Note. No amendment of the Note and no waiver of any one or more of the provisions hereof, shall be effective unless set forth in writing signed by Borrower and Leader. Entire Agreement. This Note and the other Loan Documents constitute the entire agreement of the parties hereto relating to its subject matter and supersede any and all prior and concurrent oral and written communications with respect to the subject matter herein. Successors and Assigns. The Loan Documents shall be binding upon Borrower and its successors and assigns and shall Inure to the benefit of Lender, its successors and assigns. Borrower may not assign or transfer Borrower's rights under the Loan Documents. Severability. If any provision of the Loan Documents h; found to be Invalid or unenforceable, such provision shall be stricken and all remaining provisions of the Loan Documents shall remain valid and enforceable. Governing Law. The construction, interpretation and enforcement of this Note shall be governed by the internal laws of Pennsylvania, excluding its principles of conflict of laws. Borrower represents to the lender that the pros oeds of this Note WILL NOT he used ror personal, family of household purposes. WAIVER OF JURY TRIAL.. BORROWER HEREBY KNOWINGLY, VOLUNTARILY AND INTEN'T'IONALLY WAIVES ANY RIGHT TO A TRIAL BY JURY IN ANY SUIT, ACTION OR PROCEEDING IN ANY MANNER ARISING IN CONNECTION WITH, OR RELATED TO, THE FINANCIAL TRANSACTION OF WHICH THIS NOTE IS A PART OR THE ENFORCEMENT OF LENDER'S RIGHTS AND REMEDIES WITH REGARD TO SUCH TRANSACTION. WAIVER OF RIGHTS TO PREJUDGMENT REMEDY NOTICE AND HEARING. BORROWER WAIVES ANY RIGHT WHICH IT MAY HAVE TO NOTICE AND A HEARING OR A PRIOR COUR'T' ORDER AS PROVIDED UNDER ANY APPLICABLE FEDERAL OR STATE LAW, IN THE EVENT THE LENDERSEEKS ANY PREJUDGEMENT REMEDY IN CONNECTION WITH THIS NOTE. IN WITNESS WHEREOF, and Intending to be legally bound hereby, Borrower or its duly authorized representative has caused this Note to be executed as of the date above. CONFESSION OF JUDGMENT. 1. BORROWER HEREBY AUTHORIZES AND EMPOWERS ANY ATTORNEY OR THE PROTHONOTARY OR CLARK OF ANY COURT IN THR COMMONWEALTH OF PENNSYLVANIA, OR ELSEWHERE, TO APPEAR AT ANY TIME MR BORROWER AFTER AN EVENT OF D2FAUL'1' AND WITH OR WITHOUT COMPLAINT FILED, CONFESS OR ENTER JUDGMENT AGAINST BORROWER FOR ALL OBLIGATIONS AND ANY AND ALL AMOUNTS EXPENDED OR ADVANCED BY LENDER RELATING TO ANY COLLATERAL SECURING TH E OBLIGATIONS, TOGETHER WITH COSTS OF SUIT, AND AN ATTORNEY'S COMMISSION OF FIVE PERCENT (5%) OF THE OBLIGATIONS FOR COLLECTION, OUT IN ANY EVENT NOT LESS THAN FIVE HUNDRED DOLLARS ($600) ON WHICH JUDGMENT OR JUDGMENTS ONE OR MORE EXECUTIONS MAY ISSUE IMMFOIATELY; AND FOR SO DOING, THIS NOTE OR A COPY OF THIS NOTE VERIFIED BY AFFIDAVIT SHALL BE SUFFICIENT WARRANT. THE AUTHORITY GRANTED IN THIS NOTE TO CONFESS JUDGMENT AGAINST BORROWER SHALL NOT BE EXHAUSTED BY ANY EXERCISE OF THAT AUTHORITY, BUT SHALL CONTINUE FROM TIME TO TIMIr AND AT ALL TIMES UNTIL PAYMENT IN FULL OF ALL AMOUNTS DUE UNDER THIS NOTE. BORROWER HEREBY WAIVES ANY RIGHT BORROWER MAY HAVR TO NOTICE OR TO A HEARING IN CONNECTION WITH ANY SUCH CONFESSION OFJUDGMENT TO THE EXTENT THE ATTORNEYS' FM AND OTHER COSTS AND EXPENSES DEMANDED BY LENDER FROM BORROWER EXCEED FIVE PERCENT (50%) OF THE OBLIGATIONS, BORROWER HEREBY AUTHORIZES LENDER TO PETITION THE COURT FOR AN ADDITIONAL AWARD OF FEES AND EXPENSES AND AGREES NOT TO OPPOSE SUCII PETITION. http://www.sb3.sov/sb3app/does/65C42922.html 09/18/2003 Promissory Note Page 6 of 9 2. BORROWER STATES THAT EITHER A REPRESENTATIVE OR LENDER SPECIFICALLY CALLED THIS CONFESSION OF JUDGMENT PROVISION TO BORROWER'S ATTENTION OR BORROWER HAS HAD THE, OPPORTUNITY TO BE REPRESENTED BY INDEPENDENT LEGAL COUNSEL OF BORROWER'S CHOICE. Borrowers Initi/ BY SIGNING HERE, BORROWER AFFIRMS HAVING READ AND ASSENTED TO THE CLAUSES OF THIS AGREEMENT REGARDING CONFESSION OF JUDGMENT CLAUSE. WI' NESS/ATTr.$T; BORROWER; Adam n (Seal) ame Title (if applicable); ?g nt i) a: Title (if applicable): Viet PNesld. UNCONDITIONAL. PERSONAL GUARANTY OF PAYMENT In consideration of the undertakings of Lender pursuant to the Note, each Guarantor hereby, individually, jointly and severally, gua runtees and becomes surety for all amounts owing by Borrower to Lender under any promissory note, instrument or obligation of Borrower of whatever kind, heretofore or hereafter incurred, whether due or to become due, fixed, contingent or matured, and all Interest, late charges, collection agency fees, costs and attorneys' fees (collectively, °Obligations"). This shall remain in full force and effect until Al of the Obligations have been paid In full, including as the case may be, if payment of any of the Oblipalions Is rescinded, avoided or otherwise returned or disgorged. The liability of the Guarantor is irrevocable, absolute and unconditional irrespective of. (a) any lack of validity or enforceability of any Loan Documents; (b) any change In the time, manneO, place or amount of payment or In any other term of all or any or the Obligations, or any other amendment or waiver of or any consent to departure from any of the terms of the Obligations; (e) any exchange, release or non-perfection of say collateral or lien securing all or may part of the Obligations (which exchange, release or don-perfcctioa the Guarantor expressly agrees will not be deemed an unjustifiable Impairment of the collateral); (d) any release or amendment or waiver of or consent to departure from any other guaranty, for altorxay part ot`the Obtigatfons,'(c) any settlement or compromise with any Borrower or any other person relating to the Obligations; or (O any other circumstances which might otherwise constitute x defense available to, or a discharge of, any Borrower or other obligor In respect of the Obligations or the Guarantor in respect of this Guaranty. EXPENSES. Leader shall be entitled to collect all expenses incurred in pursuing any payment due hereunder that is not paid when due, whether in accordance with the terms hereof, or by acceleration or otherwise (including all costs and attorneys fcoa incurred In connection with any bankruptcy or insolvency proceeding Involving Guarantor), and each Guarantor jointly and severally agrees to pay all costs of collection including, without limitation, reasonable attorneys fees and costa of in-house and/or outside counsel. WAIVER OF JURY TRIAL. EACH GUARANTOR HEREBY KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVES ANY RIGHT TO A TRIAL BY JURY IN ANY SUIT, ACTION OR PROCEEDING IN ANY MANNER ARISING IN CONNECTION WITH, OR RELATED TO, THE FINANCIAL TRANSACTION OF WHICH THIS GUARANTY IS A PART OR THE ENFORCEMENT OF LENDER'S RIGHTS AND REMEDIES WITH REGARD TO SUCH TRANSACTION. IN WITNESS WHEREOF, and Intending to be legally bound hereby, each Guarantor or its duly-authorized representative has caused this Guaranty to be executed a8 of the date below. CONFESSION OF JUDGMENT. I. EACH GUARANTOR HEREBY AUTHORIZES AND EMPOWFRS ANY ATTORNEY Oil THE PROTHONOTARY OR CLERK OF ANY COURT IN THE COMMONWEALTH OF PENNSYLVANIA, OR ELSEWHERE, TO APPEAR AT ANY TIME FOR ANY Olt ALL GUARANTORS AFTER AN EVENT OF DEFAULT UNDER THE NOTE OR OTHER INSTRUMENT EVIDENCING THE OBLIGATIONS AND WITH oR wrTHOUT COMPLAINT FILED, CONFE5S OR ENTER JUDGMENT AGAINST ANY OR ALL GUARANTORS FOR THE ENTIRE PRINCIPAL BALANCE OF THE OBLIGATIONS AND ALL ACCRUED INTEREST', LATE CHARGES AND ANY AND ALL AMOUNTS EXPENDED OR ADVANCED BY LENDER RELATING TO ANY COLLATERAL SECURING THE OBLIGATIONS, TOGETHER WTTII COSTS OF SUIT, AND AN ATTORNEY'S COMMISSION OF FIVE PERCENT (5%) OF http://Www.sb3.sov/sb3app/doW65C42922.htm1 09/18/2003 Promissory Note Page 7 of 9 THE UNPAID PRINCIPAL BALANCE AND ACCRUED INTEREST FOR COLLECTION, BUT IN ANY EVENT NOT LESS THAN FIVE HUNDRED DOLLARS ($500) ON WHICH JUDGMENT OR JUDCMENTS ONE OR MORE EXECUTIONS MAY ISSUE IMMEDIATELY; AND FOR SO DOING, THIS NOTE OR A COrY OF THIS INSTRUMENT VERIFIED 13Y A"IDAVIT SHALL BE SUFFICIENT WARRANT. THE AUTHORITY GRANTED IN THIS INSTRUMENT TO CONFESS JUDGMENT AGAINST ANY GUARANTOR SHALL NOT BE EXHAUSTED BY ANY EXERCISE OF THAT AUTHORITY, BUT SHALL CONTINUE FROM TIME TO TIME AND AT ALL TIMES UNTIL PAYMKNT IN FULL OF ALL OBLIGATIONS. EACH GUARANTOR HEREBY WAIVES ANY RIGHT EACH GUARANTOR MAY HAVE TO NOTICE OR TO A HEARING IN CONNECTION WITH ANY SUCH CONFESSION OF JUDGMENT TO THE EXTENT THE ATTORNEYS' FEES AND OTHER COSTS AND EXPENSES DEMANDED BY LENDER FROM GUARANTOR EXCEED FIVE PERCENT (S°/.) OF THE OBLIGATIONS, GUARANTOR HEREBY AUTHORIZES LENDER TO PETITION THE COURT FOR AN ADDITIONAL AWARD OF FEES AND EXPENSES AND AGREES NOT TO OPPOSE SUCH PETITION. 2. EACH CUARANTOR STATES THAT EITHER A REPRESENTATIVE OR LENDER SPECIFICALLY CALLED THIS CONFESSION OF JUDGMENT PROVISION TO HIS, HER OR ITS ATTENTION OR SUCH GUARANTOR HAS HAD THE OPPORTUNITY TO BE REPRESENTED BY INDEPENDENT LEGAL COUNSEL OF SUCH GUARANTOR'S CHOICE. BY SIGNING BELOW, EACH GUARANTOR AFFIRMS HAVING READ AND ASSENTED TO THE CLAUSES OF THIS AGREEMENT REGARDING CONFESSION OF JUDGMENT CLAUSE. BORROWER STATES THAT EITHER A REPRESENTATIVE OR LENDER SPECIFICALLY CALLED THIS CONFESSION OF JUDGMENT PROVISION TO SUCH GUARANTOR'S ATTENTIONOR,SWII GUARANTOR HAS HAD THE OPPORTUNITY TO BE REPRESENTED BY INDEPENDENj,_L5G,6"NOOF SUCH GUARANTOR'S CHOICE. S,gl re of Gu o r nt Pr1 t Name 9 fr ve u as' SIBaa re of Guarantor Date PrintNante httpJ/Www.sb3.sov/sb3aPV/dm-,/65C42922.htiul 09/18/2003 EXHIBIT "B" ,t overeign Bank SENT VIA CERTIFIED & FIRST CLASS MAIL November 22, 2005 ADAMS CHIROPRATIC P.C.. RICHARD ADAMS MICHELLE ADAMS PO BOX 525 FRACKVILLE, PA 17931 Re: Loan Obligation of Adams Chiropractic P.C./Richard Adams/Michelle Adams ("Borrower") to Sovereign Bank ("Bank"), Commercial Loan #0051409428-18/26 Dear Richard Adams & Michelle Adams: As of the date hereof, one or more events of default exist under the loan documents for of Adams Chiropractic P.C./Richard Adams/Michelle Adams Including without limitation, the failure of the Borrower to make certain payments when due under the terms of the loan documents. As a consequence of such event(s) of default, the Bank has declared all of your indebtedness to the Bank under such Loan Documents to be immediately due and payable in full. As of the date hereof, the total owed is $28,706.08, which consists of the following: For Principal of $28,133.51, Interest of $447.57, Late Fees of $25.00, and Misc Fees of $100.00. The per than rate is $7.02 as of today. This later also serves as notice that the loan is hereby demanded and the entire remaining balance on the obligation is now immediately due and payable. Please remit the remaining payment in full to my attention at the address below. Failure to do so will leave us with no alternative but to initiate further collection action. This letter is written without prejudice, and Sovereign Bank hereby reserves all of its rights and remedies against Adams Chiropractic P.C./Richard Adams/Michelle Adams, all guarantors, and any collateral, including without limitation, the right to subsequently receive and apply partial payments without waiving demand. In addition to the above, you are responsible for default interest, late charges, costs of collection and any other fees, costs, expenses, and obligations payable to the Bank pursuant to the terms of the loan documents. This will also confirm that any commitment by the Bank to make, or consider making, advances or further credit available under the loan documents has terminated. Notwithstanding any discussions we may have at your request regarding repayment of the Loan, the Bank reserves all rights and remedies available to it under the loan documents and applicable law. No such discussions shall imply an agreement on the part of the Bank to waive any of its rights and remedies or to forbear from taking any action authorized by the loan documents or applicable law, whether or not such discussions shall be continuing. Any delay or forbearance by the Bank in the enforcement or pursuit of any of its rights and remedies under the loan documents or applicable law shall not constitute a waiver thereof, nor shall it be a bar to the exercise of the Bank's rights or remedies at a later date. Very Truly Yours, Sovereign Bank By Gerald Fusco Business Banking Loan Center ?• 617-533-1758 Sovereign Bank 2 Morrissey Blvd. Boston, MA 02125 Mail Stop MA1 M133 01-08 Commonwealth of Pennsylvania County of Schuylkill I, Peter J. Symons, Jr., Prothonotary of the Court of Common Pleas in and for said County, do hereby certify that the foregoing writing is a full, true and correct copy of the whole record of the case therein stated, wherein Sovereign Bank, Plaintiff, and Adams Chiropractic, P.C., Richard T. Adams Jr. and Michelle Adams, Defendant, as the same remains of record and on file in said Court. In Testimony Whereof, I have hereunto set my hand and affixed the seal of said Court at Pottsville, this 10th day of October, 2006. Prothonotary LAMM RUBENSTONE LESAVOY BUTZ & DAVID LLC By: Stephen Levin, Esquire Jonathan K. Moore, Esquire Attorney I.D. Nos. 19300 & 89416 3600 Horizon Boulevard, Suite 200 Trevose, PA 19053 (215) 638-9330 (215) 638-2867 - Facsimile Attorneys for Plaintiff SOVEREIGN BANK 619 Alexander Road Princeton, New Jersey 08540 Plaintiff, VS. ADAMS CHIROPRACTIC, P.C. 246 South Lehigh Avenue Frackville, PA 17931 and RICHARD T. ADAMS, JR. 1840 Sapling Court Mechanicsburg, PA 17055 and MICHELLE ADAMS 1840 Sapling Court : Mechanicsburg, PA 17055 Defendants. COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO. CERTIFICATION OF ADDRESSES I, Jonathan K. Moore, Esquire, hereby certify that: 1. The address of the Plaintiff, Sovereign Bank is 619 Alexander Road, Princeton, New Jersey 08540. 2. The last known address of the Defendant, Adams Chiropractic, P.C. is 246 South Lehigh Avenue, Frackville, Pennsylvania 17931. 3. The last known address of the Defendant, Richard T. Adams, Jr. is 1840 Sapling Court, Mechanicsburg, Pennsylvania 17055. 4. The last known address of the Defendant, Michelle Adams is 1840 Sapling Court, Mechanicsburg, Pennsylvania 17055. 345153-1 I certify that the statements herein are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are subject to the penalties of 18 Pa.C.S.A. Section 4904 related to unsworn falsification to authorities. Dated: O 6 v (o LAMM RUBENSTONE LESAVOY BUTZ & DAVID LLC By: Jo an K. Moore, Esquire ttorneys for Plaintiff 345153-1 • LAMM RUBENSTONE LESAVOY BUTZ & DAVID LLC By: Stephen Levin, Esquire Jonathan K. Moore, Esquire Attorney I.D. Nos. 19300 & 89416 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, PA Princeton, New Jersey 08540 Plaintiff, vs. ; ADAMS CHIROPRACTIC, P.C. 246 South Lehigh Avenue Frackville, PA 17931 and : RICHARD T. ADAMS, JR. 1840 Sapling Court Mechanicsburg, PA 17055 and MICHELLE ADAMS 1840 Sapling Court Mechanicsburg, PA 17055 Defendants. NO. AFFIDAVIT OF VALIDITY Jonathan K. Moore, Esquire, being duly sworn according to law, deposes and says that he is the Attorney for Plaintiff, Sovereign Bank that he is authorized to make this Affidavit on its behalf; and that to the best of his knowledge, information and belief: 1. The names of the judgment debtors are Adams Chiropractic, P.C., Richard T. Adams, Jr. and Michelle Adams. 2. The last known Post Office address of the judgment debtor, Adams Chiropractic, P.C. is 246 South Lehigh Avenue, Frackville, Pennsylvania 17931. 3. The last known Post Office address of the judgment debtor, Richard T. Adams, Jr. is 1840 Sapling Court, Mechanicsburg, Pennsylvania 17055. 345153-1 b 4. The last known Post Office address of the judgment debtor, Michelle Adams is 1840 Sapling Court, Mechanicsburg, Pennsylvania 17055. 5. The name of the judgment creditor is Sovereign Bank. 6. The current Post Office address of the judgment creditor, Sovereign Bank at its principal place of business is 619 Alexander Road, Princeton, New Jersey 08540. 7. The judgment in favor of Plaintiff, Sovereign Bank and against Defendants, Adams Chiropractic, P.C., Richard T. Adams, Jr. and Michelle Adams entered in the Court of Common Pleas, Schuylkill County, in the total sum of $30,756.60, plus post judgment interest from the date of judgment is valid, enforceable and unsatisfied as of this date. LAMM RUBENSTONE LESAVOY BUTZ & DAVID LLC By: Jo an K. Moore, Esquire ttorneys for Plaintiff Sworn to and Subscribed before me this day of , 2006 G- & A b A ?0(' W14 t, N ry Public COMMON OF PENNMVANIA NOTARIAL SEAL LYNNE M. STARKMAN, Notary Pubic Bensalem TV. Bucks Cormty My Comntis w Eoes July 14, 2010 345153-1 DOCKET: J-302-2006 FILED: 02/02/2006 at 11:25AM CONFESSION OF JUDGMENT PLAINTIFFS SOVEREIGN BANK 619 ALEXANDER ROAD PRINCETON, NJ 08540 ATTY: JONATHAN K MOORE DEFENDANTS ADAMS CHIROPRACTIC PC 246 S LEHIGH AVE FRACKVILLE, PA 17931 ADAMS JR,RICHARD T 1840 SAPLING COURT MECHANICSBURG, PA 17055 ADAMS,MICHELLE 1840 SAPLING COURT MECHANICSBURG, PA 17055 ------------------------------------------------------------------------------- ------------------------------------------------------------------------------- FILING ------------------------------------------------------------------------------- JUDGMENT ENTRY FEE 02/02/2006 at 11:25AM PLAINTIFFS 15.00/PLAINTIFF STATE TAX ( . 50) 02/02/2006 at 11:25AM PLAINTIFFS 0.50/PLAINTIFF AUTOMATION FUND 02/02/2006 at 11:27AM MOORE,JONATHAN K 5.00/PLAINTIFF JUDGMENT ENTERED-NOTICES SENT 02/02/2006 at 11:27AM JUDGMENT AMOUNT: 30,756.60 PROTHONOTARY ------------------------------------- APPEARANCE FOR PLAINTIFF --------------- ---------------------- 02/02/2006 at 11:27AM MOORE,JONATHAN K -- -------------------- AFFIDAVIT --------------- --------------- ---------------------- 02/02/2006 at 11:27AM MOORE,JONATHAN K - --------------------- AFFIDAVIT OF BUSINESS --------------- TRANSACTION --------------- ---------------------- 02/02/2006 at 11:27AM MOORE,JONATHAN K ---------------------- AFFIDAVIT --------------- --------------- ---------------------- 02/02/2006 at 11:27AM MOORE,JONATHAN K ---------------------- --------------- --------------- ------------ 16 ?:. r)I ti ti. ??A t, F DOCKET: J-302-2006 CONFESSION OF JUDGMENT FILED: 02/02/2006 at 11:25AM FILING AFFIDAVIT 02/02/2006 at 11:27AM MOORE,JONATHAN K -------------------------------------------------------------------------- AFFIDAVIT OF NON MILITARY SERVICE 02/02/2006 at 11:27AM MOORE,JONATHAN K -------------------------------------------------------------------------- AFFIDAVIT OF ADDRESSS 02/02/2006 at 11:27AM MOORE,JONATHAN K -------------------------------------------------------------------------- NOTICE UNDER RULE 2958.1 02/09/2006 at 12:15PM MOORE,JONATHAN K -------------------------------------------------------------------------- SHERIFF'S SERVICE-SEE FILE 02/17/2006 at 10:44AM SHF 92.40 DOCKET: J-302-2006 CONFESSION OF JUDGMENT FILED: 02/02/2006 at 11:25AM ---------------- SHERIFF SERVICES SERVICE ID DATE TYPE OF SERVICE ------------------------------------------------------------------------------- 42294 02/09/2006 NOTICE Type of Return: Attempt: 1 SERVING 02/16/2006 11:05 Address: 246 S LEHIGH AVE. FRACKVILLE Def: ADAMS CHIROPRACTIC PC Served: FRAN BUEHL -------------------------------------------------------------------------- Attempt: 2 SERVING 02/23/2006 20:19 Address: 1840 SAPLING COURT MECHANICSBURG Def: RICHARD T ADAMS JR Served: RICHARD T ADAMS JR Def: MICHELLE ADAMS Served: RICHARD ADAMS JR -------------------------------------------------------------------------- t 0`1 I C ? IN, v r - - f - rt R7 .t LAMM RUBENSTONE LESAVOY BUTZ & DAVID LLC By: Stephen Levin, Esquire Jonathan K. Moore, Esquire Attorney I.D. Nos. 19300 & 89416 3600 Horizon Boulevard, Suite 200 Trevose, PA 19053 (215) 638-9330 (215) 638-2867 - Facsimile Attorneys for Plaintiff SOVEREIGN BANK 619 Alexander Road Princeton, New Jersey 08540 Plaintiff, vs. ADAMS CHIROPRACTIC, P.C. 246 South Lehigh Avenue Frackville, PA 17931 and RICHARD T. ADAMS, JR. 1840 Sapling Court Mechanicsburg, PA 17055 and MICHELLE ADAMS 1840 Sapling Court Mechanicsburg, PA 17055 Defendants. COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO. 06-6400 PRAECIPE FOR WRIT OF EXECUTION UPON CONFESSED JUDGMENT TO THE PROTHONOTARY ISSUE WRIT OF EXECUTION UPON A JUDGMENT ENTERED BY CONFESSION IN THE ABOVE MATTER (1) Directed to the Sheriff of Cumberland County (2) Against Richard T. Adams, Jr., 1840 Sapling Court, Mechanicsburg, PA 17055, Defendant and (3) Against Michelle Adams, 1840 Sapling Court, Mechanicsburg, PA 17055, Defendant (4) and index this writ in the judgment index Ia Against Adams Chiropractic, P.C., Defendant and bb) Against Richard T. Adams, Jr., Defendant and (C) Against Michelle Adams, Defendant as a lis pendens against real property of the defendants as follows: 350138-1 LEVY: upon all personal property _and business assets of any kind or sort, including but not limited to CASH, tools, equipment, furniture, office equipment, telephones, computers, radio/stereo equipment, tables, chairs, bedroom furniture, televisions, VCR's, DVD's, desks, or any other personal property of any kind at 1840 Sapling Court, Mechanicsburg PA 17055 (5) Amount due $ 30,756.60 Interest from date of Judgment 2/6/2006 $ At a per diem rate of $10.34 Costs to be added $ I certify that (a) This Praecipe is based upon a judgment entered by confession, and (b) Noticed 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. POP Steph evin, Esquire Jo ban K. Moore, Esquire amm Rubenstone Lesavoy Butz & David LLC 3600 Horizon Boulevard, Suite 200 Trevose, PA 19053 (215) 638-9330 Attorneys for Plaintiff 350138-1 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY No. 06-6400 SOVEREIGN BANK V. Plaintiff, ADAMS CHIROPRACTIC, P.C., RICHARD T. ADAMS, JR. AND MICHELLE ADAMS Defendants. WRIT OF EXECUTION UPON CONFESSED JUDGMENT LAMM RUBENSTONE LESAVOY BUTZ & DAVID LLC By: ADDRESSES FOR SERVICE. Richard T. Adams, Jr. 1840 Sapling Court Mechanicsburg, PA 17055 S en Levin, Esquire onathan K. Moore, Esquire 36 Horizon Boulevard, Suite 200 Trevose, PA 19053 (215) 638-9330 Michelle Adams 1840 Sapling Court Mechanicsburg, PA 17055 350138-1 ro e. C G G C G C C) N v Q r,,< I ?, WRIT OF EXECUTION and/or ATTACHMENT k 14. COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 06-6400 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due SOVEREIGN BANK, Plaintiff (s) From ADAMS CHIROPRACTIC, P.C., 246 SOUTH LEHIGH AVENUE, FRACKVILLE, PA 17931 AND RICHARD T. ADAMS, JR.,1840 SAPLING COURT, MECHANICSBURG, PA 17055 AND MICHELLE ADAMS, 1840 SAPLING COURT, MECHANICSBURG, PA 17055 (1) You are directed to levy upon the property of the defendant (s)and to sell LEVY UPON ALL PERSONAL PROPERTY AND BUSINESS ASSETS OF ANY KIND OF SORT, INCLUDING BUT NOT LIMITED TO CASH, TOOLS, EQUIPMENT, FURNITURE, OFFICE EQUIPMENT, TELEPHONES, COMPUTERS, RADIO/STEREO EQUIPMENT, TABLES, CHAIRS, BEDROOM FURNITURE, TELEVISIONS, VCR'S, DVD'S, DESKS, OR ANY OTHER PERSONAL PROPERTY OF ANY KIND AT 1840 SAPLING COURT, MECHANICSBURG, PA 17055. (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 $30,756.60 L.L. $.50 Interest FROM DATE OF JUDGMENT 2/6/06 AT A PER DIEM RATE OF $10.34 Atty's Comm % Atty Paid $37.50 Plaintiff Paid Date: DECEMBER 4, 2006 Due Prothy $1.00 Other Costs C s R. Long, onotary (Seal) By: Deputy REQUESTING PARTY: Name JONATHAN K. MOORE, ESQUIRE Address: LAMM RUBENSTONE LESAVOY BUTZ & DAVID LLC 3600 HORIZON BOULEVARD, SUITE 200 TREVOSE, PA 19053 Attorney for: PLAINTIFF Telephone: 215-638-9330 Supreme Court ID No. 89416 O? - ? SFacS _`t R. Thomas Kline, Sheriff, who being duly sworn according to law, states this Writ is returned Expired. Sheriff's Costs: 18.00 1.319 .50 1.00 10.00 Advance Costs: 150.00 Sheriff's Costs 81.29 68.71 Docketing Poundage Advertising Law Library Prothonotary Mileage Misc. Surcharge Levy Post Pone Sale Certified Mail Postage Garnishee TOTAL 30.00 20.00 81.29 ?811Q/O8 Refunded to Atty on 08/13/08 So Answers; . Thomas Kline, By _ CIC? LS?fG3 ?? .??33ay WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 06-6400 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due SOVEREIGN BANK, Plaintiff (s) From ADAMS CHIROPRACTIC, P.C., 246 SOUTH LEHIGH AVENUE, FRACKVILLE, PA 17931 AND RICHARD T. ADAMS, JR.,1840 SAPLING COURT, MECHANICSBURG, PA 17055 AND MICHELLE ADAMS, 1840 SAPLING COURT, MECHANICSBURG, PA 17055 (1) You are directed to levy upon the property of the defendant (s)and to sell LEVY UPON ALL PERSONAL PROPERTY AND BUSINESS ASSETS OF ANY KIND OF SORT, INCLUDING BUT NOT LIMITED TO CASH, TOOLS, EQUIPMENT, FURNITURE, OFFICE EQUIPMENT, TELEPHONES, COMPUTERS, RADIO/STEREO EQUIPMENT, TABLES, CHAIRS, BEDROOM FURNITURE, TELEVISIONS, VCR'S, DVD'S, DESKS, OR ANY OTHER PERSONAL PROPERTY OF ANY KIND AT 1840 SAPLING COURT, MECHANICSBURG, PA 17055. (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 $30,756.60 L.L. $.50 Interest FROM DATE OF JUDGMENT 2/6/06 AT A PER DIEM RATE OF $10.34 Atty's Comm % Atty Paid $37.50 Plaintiff Paid Date: DECEMBER 4, 2006 (Seal) REQUESTING PARTY: Deputy Name JONATHAN K. MOORE, ESQUIRE Address: LAMM RUBENSTONE LESAVOY BUTZ & DAVID LLC Due Prothy $1.00 Other Costs Al JA iCuttis R. Lon By: 3600M IZON BOULEVARD, SUITE 200 T"VOSE, PA 19053