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Home My WebLink About96-00964 k~J' I , , -3 I ~ I , i~ Q:} ~ J J ~ , " l~ / 1 , I ,.! ~ Dl.idne, Morris & H~ckscher By: Brian W. Bisignani, Esquire Attorney I.D, No, 57982 305 North Front Street P.O. Box 1003 Harrisburg, PA 17108-1003 Telephone: 717-237-5500 Attorneys for Plaintiff Sun Life Assurance Company SUN LIFE ASSURANCE COMPANY, plaintiff COURT OF COMMON PLEAS OF CUMBERLAND COUNTY v, WILLIAM J, ADAMS, Defendant CIVIL ACTION NO. ENTRY OF JUDGMENT AND ASSESSMENT OF DAMAGES Pursuant to the Complaint in Confession of Judgment filed in the within action, judgment is hereby entered against the Defendant, William J. Adams, as follows: Principal: $ 39,023.80 Interest as of 2/20/96: $ 966,41 Late Payment Fees $ 188.98 as of 2/20/96: Attorney's Fees: To Be Determined Costs of Suit: To Be Determined Total Due: $ 40,179.19 Plus Attorney's Fees and Costs of Suit Damages are assessed in the amount of $40,179.19 plus Attorney's Fees and Costs of Suit. Date: j :)) r;t _OA DUdne, Morris & Heckscher By: Brian W, Bisignani, Esquire Attorney I,D. No, 57982 305 North Front Street P.O. Box 1003 Harrisburg, PA 17108-1003 Telephone: 717-237-5500 Attorneys for Defendant William J, Adams SUN LIFE ASSURANCE COMPANY, COURT OF COMMON PLEAS OF CUMBERLAND COUNTY Plaintiff v. WILLIAM J. ADAMS, Defendant CIVIL ACTION NO, ENTRY OF APPEARANCE AND CONFESSION OF JUDGMENT FOR MONEY TO THE PROTHONOTARY: Kindly enter my appearance for 3nd on behalf of the Defendant, william J. Adams, Pursuant to the warrant of attorney contained in the Promissory Note, a true and correct copy of which is attached as Plaintiff's Exhibit A to the Complaint in Confession of Judgment for Money filed in this action, I appear for the above named Defendant and confess judgment in favor of the Plaintiff and against the Defendant as follows: Principal: $ 39,023.80 Interest as of 2/20/96: $ $ 966,41 Late Payment Fees as of 2/20/96: 188.98 Attorney's Fees: To Be Determined Costs of Suit: To Be Determined Total Due: $ 40,179.19 plus Attorney's Fees and Costs of Suit Date:~~. "2..\ . \C\.~~ I 1 n W. BisignanL, Esq Attorney for Defendant 8, The Note has not been assigned. 9. Judgment for money has not been previously entered on the Note. 10, The Note is less than twenty years old. 11, The Note represents part of a business transaction and is not a loan for personal, household, or consumer purposes, 12, Judgment is demanded as authorized in the warrant of attorney contained in the Note. WHEREFORE, Sun Life Assurance Company demands judgment in its favor and against William J. Adams in the amount set forth in Paragraph 7 above and such additional relief as may be just and proper. Respectfully submitted, DUANE, MORRIS & HECKSCHER Date: \:\...'2..\ 1'Q..C\..lQ By' Br~an W, Bisign re 305 North Front Fifth Floor P,O, Box 1003 Harrisburg, PA 17108-1003 (717) 237-5500 Counsel for: Sun Life Assurance Company A "..., , . , ~, ' ' . @ i i i . I l . ~ . , - ~.4""'~" . . " , , . Ji, I I ,.. , PROMISSORY NOTE $41,373,80 December 4, 1995 FOR VALUE RECEIVED, and intending to be legally bound hereby, William J, Adams, an adult individual residing at 221 N, 24th Street, Camp Hill, Pennsylvania 17011, his successors or assigns (the "Maker"), promises to pay to the order of Sun Life Assurance Company, having a place of business at 320 King of Prussia Road, Suite 200, Radnor, Pennsylvania 19087, its successors or assigns (the "Payee"), the principal amount set forth above with interest at the rate of eight percent (8.00%) per annum commencing to accrue on November 28, 1995, The principal and accrued interest shall be due and payable in twenty-four (24) monthly installments of $1,889.77 payable on the first day of each month, commencing on January 1, 1996. On January 1, 1996, all interest which shall have accrued between November 28, 1995 and December 31, 1995 shall be due and payable in one installment. On December 1, 1997, any unpaid principal, accrued interest, and/or other charges as described in this Promissory Note shall be due and payable in one installment, Maker shall have a payment grace period not to exceed five (5) calendar days. In the event that payment is not made when due and within the applicable grace period, Maker shall pay a late charge equal to five percent (5,00%) of. the face amount of the unpaid installment, Payment shall be made at Radnor, Pennsylvania or at such other place as Payee may specify, in lawful money of the United States of America and in immediately available funds, Maker shall be in default hereunder, and the entire unpaid amount shall be immediately due and payable, upon the occurrence of any of the following events: (a) the nonpayment when due of the principal and interest; (b) if any case is commenced by or against the Maker pursuant to the United States Bankruptcy Code; lc) the entry of any judgment against the Maker in excess of $20,000.00; or (d) the issuing of any attachment or garnishment against any property of the Maker, Upon the occurrence of an event of default as described above, the interest rate on this Promissory Note shall be increased to the rate of twelve percent (12.00%) per annum, commencing to accrue on the date of the occurrence of an event of default, This Agreement shall be governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania. This Promissory Note may be prepaid in whole or in part, at any time, without penalty or discount. Any prepayment shall be applied toward the last payment due and shall not relieve Maker of the obligation to make the monthly installments due on this Promissory Note, Payment is to be made absolutely and unconditionally, without defenses, set-offs, recaptures, claims or counterclaims. Maker hereby waives presentment for payment, notice of demand, notice of nonpayment or dishonor, protest, notice of protest, and all other notices in connection with the delivery, acceptance, perfor-mance, default or- en[on:t>llIenL ot" !,clymcnL of this Pr-omi.sBory Note, No delay or- failur-e by Pa)'ce ill exercining any of its rights or options contained her-ein shall cOllotitute a waiver of the right to exercise the same or any other right at any other time or from time to time thereafter. If any provision of this Promissory Note is found by a court of competent jurisdiction to be prohibited or unenforceable, it shall be ineffective only to the extent of such prohibition or unenforceability and such prohibition or- unenforceability shall not invalidate the balance of such provision to the extent it is not prohibited or unenforceable, nor invalidate the other provisions hereof, all of which shall be liberally construed in favor of Payee in order to effect the provisions of this Promissory Note. MAKER HEREBY IRREVOCABLY AUTHORIZES AND EMPOWERS THE PAYEE, BY ITS ATTORNEY, OR THE PROT30NOTARY OR THE CLERK OF ANY COURT OF RECORD IN THE COMMONWEALTH OF PENNSYLVANIA OR IN ANY JURISDICTION WHERE PERMITTED BY LAW, UPON FAILURE TO MAKE ANY PAYMENT ON THIS PROMISSORY NOTE TO PAYEE IN ACCORDANCE WITH TERMS OF THIS PROMISSORY NOTE OR UPON THE OCCURRENCE OF AN EVENT OF DEFAULT AS DESCRIBED IN THIS PROMISSORY NOTE, TO APPEAR FOR THE MAKER, AND CONFESS AND ENTER JUDGMENT AGAINST MAKER, IN FAVOR OF THE PAYEE IN ANY JURISDICTION IN WHICH THE MAKER, OR ANY OF HIS PROPERTY IS LOCATED FOR THE AMOUNT OF ALL OBLIGATIONS, TOGETHER WITH COSTS OF SUIT AND WITH ACTUAL COLLECTION COSTS (INCLUDING REASONABLE ATTORNEYS' FEES), WITH OR WITHOUT DECLARATION, AND WITHOUT STAY OF EXECUTION, AND WITH RELEASE OF ERRORS AND THE RIGHT TO ISSUE EXECUTION FORTHWITH, AND FOR DOING SO THIS PROMISSORY NOTE OR A COPY VERIFIED BY AFFIDAVIT SHALL BE A SUFFICIENT WARRANT. THE MAKER HEREBY WAIVES AND RELEASES ALL RELIEF FROM ANY AND ALL APPRAISEMENT, STAY OR EXEMPTION LAW OF }~ STATE NOW IN FORCE OR HEREAFTER ENACTED, THIS AUTHORITY AND POWER SHALL NOT BE EXHAUSTED BY THE EXERCISE THEREOF AND SHALL CONTINUE UNTIL THE OBLIGATIONS ARE FULLY PAID, PERFORMED, DISCHARGED AND SATISFIED, MAKER HEREBY FURTHER AGREES THAT THE RATE OF INTEREST STATED IN THIS PROMISSORY NOTE SHALL BE THE POST-JUDGMENT RATE OF INTEREST. DEING FULLY AWARE OF HIS RIGHTS TO PRIOR NOTICE AND HEARING ON THE VALIDITY OF ANY CLAIMS THAT MAY BE ASSERTED AGAINST HIM BY PAYEE UNDER THIS PROMISSORY NOTE BEFORE JUDGMENT CAN BE ENTERED AND BEFORE ASSETS OF MAKER CAN BE GARNISHED AND ATTACHED, MAKER HEREBY KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVES THESE RIGHTS AND EXPRESSLY AGREES AND CONSENTS TO THE PAYEE, UPON THE FAILURE TO MAKE ANY PAYMENT TO PAYEE IN ACCORDANCE WITH THE TERMS OF THIS PROMISSORY NOTE OR AT ANY TIME THEREAFTER OR UPON THE OCCURRENCE OF AN EVENT OF DEFAULT AS DESCRIBED IN THIS PROMISSORY NOTE, ENTERING JUDGMENT AGAINST MAKER, BY CONFESSION ~~ ATTACHING AND GARNISHING THE BANK ACCOUNTS AND OTHER ASSETS OF MAKER WITHOUT PRIOR NOTICE OR OPPORTUNITY FOR A HEARING. MAKER ACKNOWLEDGES THAT HE HAS HAD THE OPPORTUNITY TO SEEK AND HAS, IN FACT, SOUGHT THE ASSISTANCE OF COUNSEL IN THE REVIEW AND EXECUTION OF THIS PROMISSORY NOTE, INCLUDING THE MEANING AND EFFECT OF THE FOREGOING PROVISIONS CONCERNING CONFESSION OF JUDGMENT, MAKER FURTHER ACKNOWLEDGES: (A) THAT THIS PROMISSORY NOTE ARISES OUT OF A COMMERCIAL TRANSACTION AND NOT OUT OF A CONSUMER TRANSACTION; (B) THAT MAKER IS NOT A MEMBER OF THE ARMED FORCES OF THE UNITED STATES; AND (C) THAT THIS PROMISSORY NOTE DOES NOT ARISE OUT OF A RETAIL INSTALLMENT SALE CONTRACT OR ACCOUNT, IN WITNESS WHEREOF, Maker has executed this Promissory Note as of the day and year first above written. WITNESS: .lv\bwb\aun\promnote i .- r.-:l '-, ,- .:: 0 !,.-': tL'C'l 0\ , ~- < ). .. ' 1 ,~ \.,.( , '\: ; ....J :. ...;.:, ~)'. , ,,:.j , , ,.~ ' C-J ." L-';- ''oJ , ) ~ , , r , .,' I. l:._ , ':1 l.. , ..;.... I'.. . 1 ... U ~.-) t. . U ~ C",'-, .. ~ ..:::;-. .... I 13'-~ ~~ <- (\<.~ '- ~ I ,.. "'" ..... ,-' ~ l )~ I..) ~ ~~ ..J \.I. rCJ '- rr ., <- 1.1..." (j;, fF! .1-i "-,J_ O' tl;L' D:;>. ; :.:. ,. <5 <::> C;; . . I.~ ) ..~.. .:;.. ,;::.. --' . 1-. "..1 .r:; ;} ~";i .ii51 , .:c:. "5 u " - "'.. co -.. ;::: , ,..., c~ ,... \1 .i s ~ t A '-..J : : ~ : ~ , : J 'h () 0 '" '" ~ ':l Irl tl 1<) .. .., Q \n ""'l "- C1 l'f) ... ... ~ 1'1 ':;'; l ~ SHERIFF'S RETURN - GARNISHEE CASE NO: 1996-00964 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND SUN LIFE ASSURANCE CO VS. ADAMS WILLIAM J And now JACOB BAKER , Sheriff or Deputy Sheriff of CUMBERLAND . County, who being duly sworn 8ccording to law, at 1526100 HOURS, on the ~ day of June ~ attached as herein commanded all goods, chattels. rights. debts. credits. and moneys of the within named defendant ADAMS WILLIAM J in the hands, possession, or control of the within named Garnishee PNC BANK by then and there summoning the said Garnishee at 4242 CARLISLE PIKE CAMP HILL. PA 17011 CUMBERLAND JOSEPH CRAMER SECRETARY OFFICER County, Pennsylvania, by handing to , personally true and attested three copies of interrogatories together with 2 copies of the within CONFESSION OF JUDGMENT contents thereof known to him, and made the Sheriff's Costs I Docketing Service Affidavit Surcharge So an;~~~t' ,00 .00 .00 ,00 N. Thomas Kline, Sheriff 8.00 00/00/0000 by ~ut~f)J Sworn an~ sUbecribedio before me th is j - day of '-jtJ.J 19 'I(.. A. D, , -......-r~7t...... . {. }IL<{t',~ *~ Prothonot'a .., R, Thomas Kline, Sheriff who being duly sworn according to law, says this writ is returned ABANDONDED. Sheriff's Costs: Docketing Law Library Prothonotary S\.!rvice Levy Surcharge Garnishee Poundage 18.00 .50 1.00 15.68 40.00 8.00 18.00 2.02 Advance costs 300.00 Sheriff's Costs l03,20 196.80 refund to atty 12-26-96 So answers: ~~'~~f R. Thomas Kline, Sheriff Th is :J /,""'" 1996, A,D. Day of Aftnlt. I.. /1 tA- C. n.l. Ct _ ~, ~fLr Prothonotary' By ~;t,~,~~ Depu ty Sh f Gi> r;;;u ..0 .. Sworn and Subscribed To Before Me .., (' ...., ...~",.. ;'1 "111\"1! '"''!\'d , ., -j \.. ";_1 -1-' >,.i 96. "~ sz 9 Ol Knr i _. _ .. ; , ,~'/IJO .:f,:Pt!.lh'~ Ill,;, .i",t ..I.,dJ ). )-0 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEAL TH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO %:26!L______.,_ CIVIL *Il:acrm CIVIL ACTION. LAW ~ , , , . , . - " . '. . '. . " , \ . TO THE SHERIFF OF ('11mMr1.:1nd COUNTY: To salisly Ihe debt, interest and cosls due SIIn _T.i Fe /Lc;,<:;IlY;.Jnce C~'ny from PLAINTIFF(S) WUliam J. AdalTl!il 22l North 24th St, Crl~ Hill. PA 17011 (1) You are directed 10 levy upon the property ollhe defendant(s) and 10 sell DEFENDANT(S) (2) You are 'llMtdirecled 10 altach Ihe property of the defendant(s) not levied upon In Ihe possession of PNC R.lnk, N.A., 4242 Carlisle Pike. Camp liill. PA 17011 and -_-.CatJrerce Bank. N.A.. 100 Senate Avenue. Camp 1ii11, PA 17011 GARNISHEE(S) as follows: ~n1t Af""f'"n11Mt'q, and 10 notrly Ihe garnlshee(s) thai: (a) an altachment has been issued; (b) the garnlshee(s) lsIare enjoined trom paying any debllo or lor Ihe account of the delendanl(S) and from delivering any property of Ihe defendant(s) or otherwise disposing Ihereof: (3) If property of the defendant(s) notlel'ied upon an subjecllo attachment is found In the possession of anyone other than a named garnishee, you are directed to nolily hlnvherthal he/she has been added as a garnishee and is enjoined as above Slaled. Amount Due Inlerest -frail 2/7</Q"- Ally's Comm Ally Paid Plainliff Paid $40 .179 .19 % l.l. Due Prolhy Other Cosls S .50 1.00 33,00 Dale: __ June l!l..-l996 Lawrence E. Welker Prothonotary, Civil Division by: _..JAuij Deputy a . f1~;h~i.J 1 REQUESTING PARTY: DUANE, MJRRIS & HEX:KSCHER Name ~rC" A ~ro~. JO'cr1 Address: 305 N. Front St. P. 0, 80:< lOUJ fbE~ur~. PA 1710e-10nJ Anomey for: ~11n Li fp A.~c:.llrrln~p CtYl~'!'ly Telephone: ----1717) 237-5500 Supreme CourllD No _7611.L__~.________._ ,:,>[-11-11'11\.1/-:/'./.'['/1 (J!-' !'r-:lrll:,'..r.V,\.lll^ C;IJUtl't'... OF C,II"II',I,;r-tr.l\.llD !II TliE '.tATTER OF: COUR'r 01' COIolJo/Oll PLEAS ~ 2IJCY..ER TERM, 0000 -~S- CASE NO: 96.974 COWLEY ASSOCIATES NO'l'ICE OF IN'rENT '1'0 SERVE ^ SUBPOENA '1'0 PRODUCE DOCUMEN'1'S KEITH J, DOWLING, HD STANLEY GOLDMAN, M_D, MEDICAL I1EDICAL TO: DAVID S, WISNESKI. ESQUIRE HCS on beha Lf of LAURALEE B, BAKER, ESQUIRE intend5 to serve a subpoena identical to the one that i, attached to this notice. You have twenty (20) day' ffom the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena, If no objection i, made the subpoena may be served pursuant to the applicable Pennsylvania Rules of Civil Procedure 4009,24. Complete copies of any reproduced records may be ordered at your expense by completing \.he attached counsel card and returning same to HCS or by contacting our local I1CS office. DATE: 2/17/99 HCS on behalf of LAURALEE B. BAKER, ESQUIRE Attorney for DEFENDANT CC: JANICE KUNKLE LAURALEE B. BAKER, ESQUIRE - 31528401 - ZUCKER Any questions regarding this matter, con~act THE MCS GROUP, INC, 1601 MARKET STREET laoo PHILADELPHIA PA 19103 (215) 246-0900 LSi::': -':',)3 ~'4;' 5 O._L _5 e - <--:. 0 >~ EXI'L\N,\TIO:\ OF I{H)IIlUH HE< 'OIWS TO: ClIS'!'OUIAN OF RECOIWS H'>R: KEITII J. DOWLING, MO .17000lINION DEI'OSIT RO, lIi\KRISIHIIW, Pi\ 17111 1(1':: 50151< "AUI. ZUCKER I\ny and all rCl;lIrds, c"rrcsp"nd.'nce. filcs an.lmcmurandul1Is, handwrillcn nlllcs, billing anll paymcnt rccmlls, rclating III allY c;'(al1lillatiulI, "Insullatillll, l;ar., lIr trcatmcnt. " lJales l(e1Iuesletl: III) tu l11111 illdlltlilll( the Ill'escllt. Subject: l'AUt ZUCKEI( IlANlUSlSUI((;. I'A lJale IIr Ilil'th: 11-03-30 ~lUl(J-12GC'~O 50T~~)8-L~Ul ~~~111._()f~_[>l-1il_{;Yl.v!'11 ~^ --...-.-.-- (I)(JNrY or aJMIl1-1UANlJ ----- ----- ---" . Z liCK ER Fi Ie No.96-974 CV 701 VS COWLEY ASSOCIATES st.ePCf:N4 TO PR<XU:E QOCltEm-S 00 TH I 1m FOR OI~RV PUlSUANT TO ~OO9,22 TO: CUSTODIAN OF RECORDS FOR: STANLEY R, GOLDMAN, MD (NIITle of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to PNXLce the following doctrnents or things: SEEATTACHED at THE MCS GROUP, INC., 1601 MARKET STREET, SUITE 800, PHILADELPHIA PA 19103 (Address) You may del iver or mai I legible copies of the docunents or produce things requested h) this subPC>ena, together with the certificate of carpliance, to the party making this request at the address listed above. You have the right to seek in advance the reasonablE cost of prEl9aring the copies or producing the things sought. I f you fail (20) dayS after carpe 11 ing yOU to to produce the docunents or things required by this subpoena within twenty its service, the party serving this subpoena may seek a oourt order carply with it. TH I S SUlPOEN4 WAS I SSUEo AT THE RE<U:ST OF 1tE FCLLCW I 00 PERSON: IWilt.NICE KIINKLE ADOAESS?~AST PARK DRIVE, PO BOX 8375 HARRISBURG PA 17105-8375 TELEPHON~~5-246-0900 SU"REr-E c::aAlT 10 II ATTORNEY FOO: DEFENDANT BY TrE O::un: DATE: 1 d-. 1. (11 ( - Sea I of the Court J> ProthonotarY/Clerk, Ci Deputy (Eff. 7/97) ~ 0 ?:; z 0 .:; 3~ ~j;;; ::c 't)1~ CC~; c.... - ~-tiC. ;:l-:.J ,"~ l;i;. CO') =::;7 U,o..- I ;:r.: l'5 :;J Z <-!.H u::.L:- .. :;:J Cll~ F -. .... " l.~ en ::.> 0 a- U