HomeMy WebLinkAbout07-1900Robert D. Kodak, Esquire
Supreme Court I.D. 18041
KODAK & IMBLUM, P.C.
Post Office Box 11848
407 North Front Street
Harrisburg, PA 17108-1848
717-238-7152 Fax: 717-238-7158
email: robert.kodak@verizon.net
Attorney for Plaintiff
PENNSYLVANIA STATE BANK IN THE COURT OF COMMON PLEAS
Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA
v.
NO. O'T - ~4~ ~ ~ u ~~ ` ~1
RICHARD D. ALBERT50N and ANNE :CIVIL DIVISION -LAW
M. ALBERTSON
Defendants :CONFESSED JUDGMENT
CONFESSION OF 3UDGMENT
Pursuant to the authority contained in the warrant of authority, a true and correct copy of
which is attached to the Complaint filed in this action, I appear for the Defendants and confess
Judgment in favor of Plaintiff and against Defendants as follows:
Principal Amount Due .............................. $ 156,150.25
Interest Amount Due tluu 02/22/2007 @ 6.750 p/a ............ $ 2,168.17
Attorney Collection Fees ............................ $ 31,663.68
TOTAL ................................. ... $ 189,982.10
3udgment entered as above.
~w
onot
Robert D. Kodak, Esquire
Attorney for Defendants
PENNSYLVANIA STATE BANK IN THE COURT OF COMMON PLEAS
Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA
v. NO. ~7 - ~Q~ C.'~u~L~~
RICHARD D. ALBERTSON and ANNE :CIVIL DIVISION -LAW
M. ALBERTSON :
Defendants :CONFESSED JUDGMENT
CONFESSED JUDGMENT COMPLAINT
Plaintiff files this Complaint pursuant to Pa. R.C.P. No. 2951(b) for Confession of Judgment
and avers the following:
1. Plaintiff is Pennsylvania State Bank, a banking institution duly organized and existing
under the corporation laws of the Commonwealth of Pennsylvania, with its principal office and place
of business at 2148 Market Street, Camp Hill, Cumberland County, Pennsylvania 17001-0487.
2. Defendant, Richard D. Albertson, an adult individual, maintains an address of 132
Briar Patch Drive, Carlisle, Cumberland County, Pennsylvania 17013.
3. Defendant, Anne M. Albertson, an adult individual, maintains an address of 132 Briar
Patch Drive, Carlisle, Cumberland County, Pennsylvania 17013.
F:\USER\BONNIEJO\I'SB\CONFJUDGW Ibertson\compl.wpd:03Apr07 1
4. In an effort to induce Plaintiff to enter into a Mortgage, on or about December 9,
2004, Defendants did execute a Promissory Note. A true and correct copy of the Promissory Note
is attached hereto, marked as Exhibit "A" and made a part hereof.
5. In order to further induce Plaintiff to grant the Mortgage, Defendant, Richard D.
Albertson, did also execute a Disclosure for Confession of Judgment. A true and correct copy of
said Disclosure for Confession of Judgment is attached hereto, marked as Exhibit "B" and made a
part hereof.
6. In order to further induce Plaintiff to grant the Mortgage, Defendant, Anne M.
Albertson, did also execute a Disclosure for Confession of Judgment. A true and correct copy of
said Disclosure for Confession of Judgment is attached hereto, marked as Exhibit "C" and made a
part hereof.
7. The Mortgage referenced hereinabove between Plaintiff and Defendants is a matter
of public record in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania,
having been recorded on December 16, 2004, Book 1891 at Page 2730.
The attached instruments have not been assigned.
F:\USER\BONNIEJO\PSB\CONFJUDG\Albertson\compl.wpd:03Apr07
9. Judgment has not been entered on the attached instruments in any jurisdiction.
10. Defendants are indebted to Plaintiff in the amount of One Hundred Fifty-Eight
Thousand, Three Hundred Eighteen Dollars and Forty-two Cents ($158,318.42), plus interest at the
rate of Six and Three-Quarter (6.750%) percent per annum from February 22, 2007, for the
Mortgage entered into with Plaintiff, for which no payment has been received when due and payable,
all of which constitutes a default thereunder whereby Plaintiff exercises its option to declare the
entire balance covered by the within instrument immediately due and payable.
11. Pursuant to the terms and conditions of the Promissory Note, Defendant is further
liable for attorney's fees, which have been added to said account in the amount of Thirty-One
Thousand, Six Hundred Sixty-Three Dollars and Sixty-Eight Cents ($31,663.68).
12. By virtue of the foregoing, the Defendant is indebted to the Plaintiff as follows:
Principal Amount Due .............................. $ 156,150.25
Interest Amount Due thru 02/22/2007 @ 6.750 p/a ............ $ 2,168.17
Attorney Collection Fees ............................ $ 31,663.68
TOTAL .......................................... $ 189,982.10
F:\USER\BONNIEJO\PSB\CONFJUDG\Albertson\compl.wpd:03Apr07 3
WHEREFORE, Plaintiff demands Judgment in the sum of One Hundred Eighty-Nine
Thousand, Nine Hundred Eighty-Two Dollars and Ten Cents ($189,982.10), plus interest from
February 22, 2007, at the rate of Six and Three-Quarter (6.750%) percent per annum.
Respectfully submitted,
KODAK &~M~LiJM, P.C.
Robert D. Kodak
Attorney for Plaintiff
407 North Front Street
Post Office Box # 11848
Harrisburg, PA 17108-1848
(717) 238-7151 Fax: (717) 238-7158
email: robert. kdak@verizon. net
Attorney I.D. No. 18041
F:\USER\BONNIEJO\PSB\CONFJUDG\Albertson\compl.wpd:03Apr07 4
PROMISSORY NOTE
Principal Loan Date Matud Lnan No Cyll)~CoII Account ' Officer Initials
P ry
', $165,1)00.00 12.05.2Q04 17-10.2024 715.00 00253 715.-00 00253 DWL
References in the shaded area are (or Lender's use only and do not limit the applicability of this document to any particular loan or item.
Any item above containing ""'" has been omitted due to text length limitations.
Borrower: Richard D. Albertson (SSN: 018-54-2766) Lender: PENNSYLVANIA STATE BANK
Anne M. Albertson (SSN: 026-52-3142) Carlisle Flnanclal Center
132 Briar Patch Drive 1 North Hanover Street
Carllsie, PA 17013 Carlisle, PA 17013
(717) 243-3189
Principal Amount: $165,000.00 Interest Rate: 6.750% Date of Note: December 9, 2004
Maturity Date: December 10, 2024
PROMISE TO PAY. Richard D. Albertson and Anne M. Albertson ("Borrower") jointly and severalty promise to pay to PENNSYLVANIA STATE
BANK ("Lender"), or order, In lawful money of the United States of America, the prlnclpal amount of One Hundred Sixty-five Thousand &
00!100 Dollars ($165,000.00), together with Interest at the rate of 6.750 % per annum on the unpaid prlnclpal balance from December 9, 2004
PAYMENT. Borrower will pay this loan in accordance with the following payment schedule:
The prinlcpal sum of 5165,000.00, together with Interest as hereinafter provided on the principal balance outstanding at any time,
calculated on the basis of a 360 day year, shall be payable In consecutive monthly Installments, commencing on January 10, 2005, and
continuing on the 10th day of each month thereafter until December 10, 2024. Commencing from the date hereof and continuing until
December 10, 2009, principal and interest in arrears at the rate of six and three-quarters percent (6.75%) per annum on the outstanding
prinlcpal balance shall be payable In equal monthly Installments of 51,264.39 on the 10th day of each month, each such payment to be
applied first to the payment of Interest on the outstanding principal balance, based on an agreed twenty (20) year amortization.
Thereafter, the Interest rate payable on the principal amount of the Loan then outstanding shall be a rate as offered by the Lender In Its
sole discretion, and the amount of the monthly Installments of prlnclpal and Interest shall be such as have been agreed between the
Borrower and the Lender. Prlnclpal and Interest, at the rate above stated, shall be paid by Borrower to Lender In consecutive monthly
Installments commencing on January 10, 2D10, and continuing on the 10th day of each month thereafter until December 10, 2024. .
Unless otherwise agreed or required by applicable law, payments will be applied first to any accrued unpaid Interest; then to prlnclpal; then to
any unpaid collection costs; and then to any late charges. The annual Interest rate for this Note Is computed on a 365/360 basis; that Is, by
applying the ratio of the annual Interest rate over a year of 360 days, multiplied by the outstanding principal balance, multiplied by the actual
number of days the prlnclpal balance is outstanding. Borrower will pay Lender at Lender's address shown above or at such other place as
Lender may designate In writing.
PREPAYMENT PENALTY; MINIMUM INTEREST CHARGE. In any event, even upon full prepayment of this Note, Borrower understands that Lender
is entitled to a minimum Interest charge o1 57.50. Upon prepayment of this Note, Lender Is entitled to the following prepayment penalty: If for
any reason you should prepay the Loan a prepayment penalty shall be Invoked. Such prepayment tee shall be payable at the time of
prepayment in an amount calculated by Lender equal to five percent (5 %) of any amount prepaid during the first year of the Loan; four percent
(4%) of any amount prepaid during the second year of the Loan; three percent (3%) of any amount during the third year o} the Loan; two
percent (2 %) of any amount during the fourth year of the Loan and one percent (1%) of any amount during the fifth year of the Loan. Borrower
may prepay this Loan without penalty from Internally generated Tunds or disposition of collateral. Other than Borrower's obligation to pay any
minimum interest charge and prepayment penalty, Borrower may pay all or a portion of the amount owed earlier than it is due. Early payments will not,
unless agreed to by Lender in writing, relieve Borrower o1 Borrower's obigation to continue to make payments under the payment schedule. Rather,
early payments will reduce the principal balance due and may result in Borrower's making fewer payments. Borrower agrees not to send Lender
payments marked "paid in full", "without recourse", or similar language. If Borrower sends such a payment, Lender may accept it without losing any of
Lender's rights under this Note, and Borrower will remain obligated to pay any further amount owed to Lender. All written communications concerning
disputed amounts, including any check or other payment instrument that indicates that the payment constitutes "payment in lull" of the amount owed or
that is tendered with other conditions or limitations or as full satisfaction of a disputed amount must be mailed or delivered to: Pennsylvania State Bank,
2148 Market Street, P.O. Box 487 Camp Hill, PA 17001-0487.
LATE CHARGE. If a payment is 15 days or more late, Borrower will be charged 10.000 % of the regularly scheduled payment or E50.00, whichever
is greater.
INTEREST AFTER DEFAULT. Upon default, including failure to pay upon final maturity, the total sum due under this Note will bear interest from the
date of acceleration or maturity at the.interest rate on this Note. The interest rate will not exceed the maximum rate permitted by applicable law.
DEFAULT. Each of the following shall constitute an event of default ("Event of Default") under this Note:
Payment Default. Borrower fails to make any payment when due under this Note.
N'
Other Defaults. Borrower fails to comply with or to perform any other term, obligaton, covenant or condition contained in this Note or in any of
the related documents or to comply with or to perform any term, obligation, covenant or condition contained in any other agreement between
lender and Borrower.
Environmental Default. Failure of any party to comply with or perform when due any term, obligation, covenant or condition contained in any
environmental agreement executed in connection with any loan.
False Statements. Any warranty, representation or statement made or furnished to Lender by Borrower or on Borrower's behalf under this Note
or the related documents is false or misleading in a~ material respect, either now or at the time made or furnished or becomes false or misleading
at any time thereafter.
Death or Insolvency. The death of Borrower or the dissolutbn or termination of Borrower's existence as a going business, the insolvency of
Borrower, the appointment of a receiver for any part of Borrower's property, any assignment for the benefit of creditors, any type of creditor
workout, or the commencement of any proceeding under any bankruptcy or insolvency laws by or against Borrower.
Creditor or Forfeiture Proceedings. Commencement of foreclosure or forfeiture proceedings, whether by judicial proceeding, self-help,
repossession or any other method, by any creditor of Borrower or by any governmental agency against any collateral secudng the loan. This
includes a garnishment of any of Borrower's accounts, including deposit accounts, with Lender. However, this Event of Default shall not apply if
there is a good faith dispute by Borrower as to the validity or reasonableness of the claim which Is the basis o1 the creditor or forfeiture proceeding
and if Borrower gives Lender written notice of the creditor or forfeiture proceeding end deposits with Lender monies or a surety bond for the
creditor or forfeiture proceeding, in an amount determined by lender, in its sole discretion, as being an adequate reserve or bond for the dispute.
Events Affecting Guarantor. Any of the preceding events occurs with respect to any guarantor, endorser, surety, or accommodation parry of any
of the indebtedness or any guarantor, endorser, surety, or accommodation party dies or becomes incompetent, or revokes or disputes the validity
ot, or liability under, any guaranty of the indebtedness evidenced by this Note. In the event of a death, Lender, at its option, may, but shall not be
required to, permit the guarantor's estate to assume unconditionally the obligations arising under the guaranty in a manner satisfactory to Lender,
and, in doing so, cure any Event of Default.
Adverse Change. A material adverse
change occurs in Borrower's financial condition, of-6en9e
Q Insecurity. Lender in good faith believes itself insecure.
G ~ Cure Provisions. II any default, other than a default in payment is curable end ii Borrower has not been given a notice of a breach of the same
provision of this Note within the preceding twelve (12) months, it may be cured if Borrower, after receNing written notice from Lender demanding
cure of such default: (1) cures the default within fifteen (15) days; or (2) if the cure requires more than fifteen (15) days, immediately initiates
steps which Lender deems in Lender's sole discretion to be sufficient to cure the default and thereafter continues and completes all reasonable
and necessary steps sufficient to produce compliance as s^^^ °° "°°°^^°w~ nrwrriral
LENDER'S RIGHTS. Upon default, Lender may, after giving ~~'°--s.' ~ ,declare the entire unpaid principal balance on
this Note end ail accrued unpaid interest Immediately due, end
ATTORNEYS' FEES; EXPENSES. Lender may hire or pays - orrower does not pay. Borrower will pay lender
that amount. This includes, subject to any limits under applic nder's legal expenses, whether or not there is a
lawsuit, including attorneys' lees, expenses for bankruptcy p r vacate any automatic stay or injunction), and
appeals. If not prohibited by applicable law, Borrower also will a er sums provided by taw.
GOVERNING LAW. This Note will be governed by, constr >~:-~ - , . federal law and the laws of the Commonwealth
PROMISSORY NOTE
Loan No: 715-00 00253 (Continued) Page 2
of Pennsylvania. This Note has been accepted by Lender In the Commonwealth of Pennsylvania.
DISHONORED ITEM FEE. Borrower will pay a fee to Lender of $25.00 it Borrower makes a payment on Borrower's loan and the check or
preauthorized charge with which Borrower pays is later dishonored.
RIGHT OF SETOFF. To the extent permitted by applicable law, Lender reserves a right of setoff in all Borrower's accounts with Lender (whether
checking, savings, or some other account). This includes all accounts Borrower holds Jointly with someone else aril all accounts Borrower may open in
the future. However, this does not include any IRA or Keogh accounts, or any trust accounts (or which setoff would be prohibited by law. Borrower
authorizes Lender, to the extent permitted by applicable law, to charge or setoff ell sums owing on the indebtedness against any and all such accounts.
COLLATERAL. Borrower acknowledges this Note is secured by ,among other things, a Mortgage and Security Agreement from Borrower to Lender of
even date herewith and intended to be recorded forthwith, secured upon premises situate at 201 S. Market Street, Mechan~sburg, Pa. 17055 and 1 E.
Main Street, New Kingstown, Pa. 17072 as described in said Mortgage. All of the agreements, conditons, covenants, provisions and stipulations
contained in the mortgage which era to be kept and performed by Borrower, are hereby made apart of this Note to the same extent and with the same
force and effect as if they were fully set forth herein, and Borrower covenants and agrees to keep and perform them, or cause them to be kept and
performed, strictly in accordance with their terms.
PROPERTY INSURANCE. Borrower understands that Borrower (s required to obtain Insurance for the collateral securing this Note. Further information
concerning this requirement is set forth in the Mortgage and in the Agreement to Provide Insurance, all the terms and conditions of which are hereby
incorporated and made a part of this Note.
DEFAULI' INTEREST RATE. In the event of default for which Lender does not accelerate the Loan, including the failure of Borrower to provide the
financial statements as required hereunder or under the Loan Agreement, the applicable Interest rate on the Loan, for a perod beginning three (3) days
after written notice of such default and ending upon the curing of said noticed default, shall Increase one quarter of one percent (.25%) for the first thirty
(30) days of said default and increase an additional one quarter of one percent (.25%) during each thirty (30) day period thereafter during which the
noticed default continues. Such default interest rate shall apply to the outstanding principal balance of the Loan. Upon the curing of the noticed
default, the interest rate on the Loan shall revert to the initially agreed-upon interest rate effective on the date on which default is cured.
LOAN DOCUMENTS. This Note, the Mortgage and Security Agreement, the related collateral documents, Lender's commitment letter to Borrower dated
December 6, 2004, are referred to herein collectively as the "Loan Documents', and the provisions thereof are Incorporated herein by reference.
SUCCESSOR INTERESTS. The terms of Ihis Note shall be binding upon Borrower, and upon Borrower's heirs, personal representatives, successors
and assigns, and shall inure to the benefit of Lender and Its successors and assigns.
NOTIFY US OF INACCURATE INFORMATION WE REPORT TO CONSUMER REPORTING AGENCIES. Please notify us if we report any inaccurate
information about your account(s) to a consumer reporting agency. Your written notice describing the speCillc inaccuracy(ies) should be sent to us at
the following address: PENNSYLVANIA STATE BANK 2148 Market Street, P.O. Box 487 Camp Hill, PA 17001-0487
GENERAL PROVISIONS. Lender may delay or forgo enforcing any of its rights or remedies under this Note without losing them. Each Borrower
understands and agrees that, with or without notice to Borrower, Lender may with respect to any other Borrower (a) make one or more atlditionel
secured or unsecured loans or otherwise extend additional credit; (b) alter, compromise, renew, extend, accelerate, or otherwise change one or more
times the time for payment or other terms of any indebtedness, Including Increases and decreases of the rate of interest on the Indebtedness; (c)
exchange, enforce, waive, subordinate, fail or decide not to perfect, and release any security, with or without the substitution of new colateral; (d)
apply such security and direct the order or manner of sale thereof, including without limitation, any non-judicial sale permitted by the terms of the
controlling security agreements, as Lender In its discretion may determine; (e) release, substitute, agree not to sue, or deal with any one or more o1
Borrower's sureties, endorsers, or other guarantors on any terms or in any manner Lender may choose; and (f) determine how, when and what
application of payments and credits shall be made on any other Indebtedness owing by such other Borrower. Borrower and any other person who
signs, guarantees or endorses this Note, to the extent allowed by law, waive presentment, demand for payment, and notice of dishonor. Upon any
change in the terms of this Note, and unless otherwise expressly stated in writing, no party who signs this Note, whether as maker, guarantor,
accommodation maker or endorser, shall be released from liability. Atl such parties agree that Lender may renew or extend (repeatedly and for any
length of time) this loan or release any party or guarantor or collateral; or impair, tail to realize upon or perfect Lender's security interest fn the collateral;
and take any other action deemed necessary by Lender without the consent of or notice to anyone. All such ponies also agree that Lender may modify
this loan without the consent of or notice to anyone other than the pang with whom the modification is made. The obligations under this Note are joint
and several. I( any portion of this Nole is for any reason determined to be unenforceable, it wlli not affect the enforceability of any other provisions of
this Note.
CONFESSION OF JUDGMENT. BORROWER HEREBY IRREVOCABLY AUTHORIZES AND EMPOWERS ANY ATTORNEY OR THE PROTHONOTARY
OR CLERK OF ANY COURT IN THE COMMONWEALTH OF PENNSYLVANIA, OR ELSEWHERE, TO APPEAR AT ANY TIME FOR BORROWER AFTER
A DEFAULT UNDER THIS NOTE AND WITH OR WITHOUT COMPLAINT FILED, CONFESS OR ENTER JUDGMENT AGAINST BORROWER FOR THE
ENTIRE PRINCIPAL BALANCE OF THIS NOTE AND ALL ACCRUED INTEREST, 11~TE CHARGES AND ANY AND ALL AMOUNTS EXPENDED OR
ADVANCED BY LENDER RELATING TO ANY COLLATERAL SECURING THIS NOTE, TOGETHER WITH COSTS OF SUIT, AND AN ATTORNEY'S
COMMISSION OF TEN PERCENT (10 %) OF THE UNPAID PRINCIPAL BALANCE AND ACCRUED INTEREST FOR COLLECTION, BUT IN ANY EVENT
NOT LESS THAN FIVE HUNDRED DOLLARS ($500) ON WHICH JUDGMENT OR JUDGMENTS ONE OR MORE EXECUTIONS MAY ISSUE
IMMEDIATELY; AND FOR SO DOING, THIS NOTE OR A COPY OF THIS NOTE VERIFIED BY AFFIDAVIT SHALL BE SUFFICIENT WARRANT. THE
AUTHORITY GRANTED IN THIS NOTE TO CONFESS JUDGMENT AGAINST BORROWER SHALL NOT BE EXHAUSTED BY ANY EXERCISE OF THAT
AUTHORITY, BUT SHALL CONTINUE FROM TIME TO TIME AND AT ALL TIMES UNTIL PAYMENT IN FULL OF ALL AMOUNTS DUE UNDER THIS
NOTE. BORROWER HEREBY WAIVES ANY RIGHT BORROWER MAY HAVE TO NOTICE OR TO A HEARING IN CONNECTION WITH ANY SUCH
CONFESSION OF JUDGMENT AND STATES THAT EITHER A REPRESENTATIVE OF LENDER SPECIFICALLY CALLED THIS CONFESSION OF
JUDGMENT PROVISION TO BORROWER'S ATTENTION OR BORROWER HAS BEEN REPRESENTED BY INDEPENDENT LEGAL COUNSEL.
PRIOR TO SIGNING THIS NOTE, EACH BORROWER READ AND UNDERSTOOD ALL THE PROVISIONS OF THIS NOTE AND THE NOTICE TO
COSIGNER SET FORTH BELOW. EACH BORROWER AGREES TO THE TERMS OF THE NOTE.
BORROWER ACKNOWLEDGES RECEIPT OF A COMPLETED COPY OF THIS PROMISSORY NOTE.
THIS NOTE IS GIVEN UNDER SEAL AND IT IS INTENDED THAT THIS NOTE IS AND SHALL CONSTITl1TE AND HAVE THE EFFECT OF A
SEALED INSTRUMENT ACCORDING TO LAW.
BORROWER:
X ~i..~Y~/` "-~ c-+Xt^aTs~a (Seal)
Ric and D. Albertson
X ~ -Seal)
Anne M. Alba sbn /
LENDER:
PENNSYLVANIA STATE BANK
;~
X /~V ~ ~ ~ l/C/'"
Authorl~ner
DISCLOSURE FOR CONFESSION OF JUDGMENT
~_~
References in the shaded area are for Lender's use only and do not limit the applicability of this document to any particular loan or item.
Anv item above containing """' has been omitted due to text length limitations.
Borrower: Richard D. Albertson (SSN: 018-54-2766)
Anne M. Albertson (SSN: 026-52-3142)
132 Briar Patch Drive
Carlisle, PA 17013
Lender: PENNSYLVANIA STATE BANK
Carlisle Financial Center
1 North Hanover Street
Carlisle, PA 17013
(717) 243-3189
Affiant: Richard D. Albertson (SSN: 018-54-2766)
132 Briar Patch Drive
Carlisle, PA 17013
DISCLOSURE FOR CONFESSION OF JUDGMENT
I AM EXECUTING, THIS ~ DAY OF ~,~c~~, ~ , 20 ~~, A PROMISSORY NOTE FOR $165,000.00 OBLIGATING ME
TO REPAY THAT AMOUNT.
A. I UNDERSTAND THAT THE NOTE CONTAINS A CONFESSION OF JUDGMENT PROVISION THAT WOULD PERMIT LENDER TO ENTER
JUDGMENT AGAINST ME IN COURT, AFTER A DEFAULT ON THE NOTE, WITHOUT ADVANCE NOTICE TO ME AND WITHOUT OFFERING ME
AN OPPORTUNITY TO DEFEND AGAINST THE ENTRY OF JUDGMENT. IN EXECUTING THE NOTE, BEING FULLY AWARE OF MY RIGHTS TO
ADVANCE NOTICE AND TO A HEARING TO CONTEST THE VALIDITY OF ANY JUDGMENT OR OTHER CLAIMS THAT LENDER MAY ASSERT
AGAINST ME UNDER THE NOTE, I AM KNOWINGLY, INTELLIGENTLY, AND VOLUNTARILY WAIVING THESE RIGHTS, INCLUDING ANY RIGHT
TO ADVANCE NOTICE OF THE ENTRY OF JUDGMENT, AND I EXPRESSLY AGREE AND CONSENT TO LENDER'S ENTERING JUDGMENT
AGAINST ME BY CONFESSION AS PROVIDED FOR IN THE CONFESSION OF JUDGMENT PROVISION.
INITIALS:
B. I FURTHER UNDERSTAND THAT IN ADDITION TO GIVING LENDER THE RIGHT TO ENTER JUDGMENT AGAINST ME WITHOUT ADVANCE
NOTICE OR A HEARING, THE CONFESSION OF JUDGMENT PROVISION IN THE NOTE ALSO CONTAINS LANGUAGE THAT WOULD PERMIT
LENDER, AFTER ENTRY OF JUDGMENT, AGAIN WITHOUT EITHER ADVANCE NOTICE OR A HEARING, TO EXECUTE ON THE JUDGMENT BY
FORECLOSING UPON, ATTACHING, LEVYING ON, TAKING POSSESSION OF OR OTHERWISE SEIZING MY PROPERTY, IN FULL OR PARTIAL
PAYMENT OF THE JUDGMENT. IN EXECUTING THE NOTE, BEING FULLY AWARE OF MY RIGHTS TO ADVANCE NOTICE AND A HEARING
AFTER JUDGMENT IS ENTERED AND BEFORE EXECUTION ON THE JUDGMENT, I AM KNOWINGLY, INTELLIGENTLY AND VOLUNTARILY
WAIVING THESE RIGHTS, AND I EXPRESSLY AGREE AND CONSENT TO LENDER'S IMMEDIATELY EXECUTING ON THE JUDGMENT, IN ANY
MANNER PERMITTED BY APPLICABLE STATE AND FEDERAL LAW, WITHOUT GIVING ME ANY ADVANCE NOTICE.
INITIALS: `'-
C. AFTER HAVING READ AND DETERMINED WHICH OF THE FOLLOWING STATEMENTS ARE APPLICABLE, AND BY PLACING MY INITIALS
NEXT TO EACH STATEMENT WHICH APPLIES, I REPRESENT THAT:
INITIALS
1. I WAS REPRESENTED BY MY OWN INDEPENDENT LEGAL COUNSEL IN CONNECTION WITH THE NOTE.
-~ ~'"4. 2. A REPRESENTATIVE OF LENDER SPECIFICALLY CALLED THE CONFESSION OF JUDGMENT PROVISION IN THE NOTE TO MY
ATTENTION.
D. 1 CERTIFY THAT MY ANNUAL INCOME EXCEEDS $10,000; THAT THE BLANKS IN THIS DISCLOSURE WERE FILLED IN WHEN I INITIALED
AND SIGNED IT; AND THAT I RECEIVED A COPY AT THE TIME OF SIGNING.
THIS DISCLOSURE IS GIVEN UNDER SEAL AND IT IS INTENDED THAT THIS DISCLOSURE IS AND SHALL CONSTITUTE AND HAVE THE
EFFECT OF A SEALED INSTRUMENT ACCORDING TO LAW.
AFFIANT:
X f~,., ~ !l ~1~~ (Seal)
Richard D. Albertson
LASER PRO lrndrg. Ver. 5.24.00.003 Cops. HerlerM Pin.oCl,l Sduiiona. Inc. 1997.
TR-465] PP~COmmRE
DISCLOSURE FOR CONFESSION OF JUDGMENT
i~riricl<pat ~:~t1~. ~trr ;~~~ur~t~.. Ltpain ~~,: east t ~Cofl Qcc~u~~ Ck#fft~er i<at~ia~s'
~'#5~t1 t3f~~5~... C?W`L .. ..... .
$'t.!5al>AgttrQ4 'i~*!~. ~~«1.Q~~~24 715 QR ~Q3:
References in the shaded area are for Lender's use only and do not limit the applicability of this document to any particular loan or item.
Any item above containing "'""' has been omitted due to text length limitations.
BOCI'OWeC: Richard D. Albertson (SSN: 018-542768)
Anne M. Albertson (SSN: 026-52-3142)
132 Briar Patch Drive
Carlisle, PA 17013
LendeC: PENNSYLVANIA STATE BANK
Carlisle Financial Center
1 North Hanover Street
Carlisle, PA 17013
(717) 243-3189
Affiant: Anne M. Albertson (SSN: 0262-3142)
132 Briar Patch Drive
Carlisle, PA 17013
DISCLOSURE FOR CONFESSION OF JUDGMENT
I AM EXECUTING, THIS / DAY OF
TO REPAY THAT AMOUNT.
20 17 `I. A PROMISSORY NOTE FOR 5165,000.00 OBLIGATING ME
A. I UNDERSTAND THAT THE NOTE CONTAINS A CONFESSION OF JUDGMENT PROVISION THAT WOULD PERMIT LENDER TO ENTER
JUDGMENT AGAINST ME IN COURT, AFTER A DEFAULT ON THE NOTE, WITHOUT ADVANCE NOTICE TO ME AND WITHOUT OFFERING ME
AN OPPORTUNITY TO DEFEND AGAINST THE ENTRY OF JUDGMENT. IN EXECUTING THE NOTE, BEING FULLY AWARE OF MY RIGHTS TO
ADVANCE NOTICE AND TO A HEARING TO CONTEST THE VALIDITY OF ANY JUDGMENT OR OTHER CLAIMS THAT LENDER MAY ASSERT
AGAINST ME UNDER THE NOTE, I AM KNOWINGLY, INTELLIGENTLY, AND VOLUNTARILY WAIVING THESE RIGHTS, INCLUDING ANY RIGHT
TO ADVANCE NOTICE OF THE ENTRY OF JUDGMENT, AND I EXPRESSLY AGREE AND CONSENT TO LENDER'S ENTERING JUDGMENT
AGAINST ME BY CONFESSION AS PROVIDED FOR IN THE CONFESSION OF JUDGMENT PROVISION.
INITIALS: >:>:>o.:a "'._?'?~--
B. 1 FURTHER UNDERSTAND THAT IN ADDITION TO GIVING LENDER THE RIGHT TO ENTER JUDGMENT AGAINST ME WITHOUT ADVANCE
NOTICE OR A HEARING, THE CONFESSION OF JUDGMENT PROVISION IN THE NOTE ALSO CONTAINS LANGUAGE THAT WOULD PERMIT
LENDER, AFTER ENTRY OF JUDGMENT, AGAIN WITHOUT EITHER ADVANCE NOTICE OR A HEARING, TO EXECUTE ON THE JUDGMENT BY
FORECLOSING UPON, ATTACHING, LEVYING ON, TAKING POSSESSION OF OR OTHERWISE SEIZING MY PROPERTY, IN FULL OR PARTIAL
PAYMENT OF THE JUDGMENT. IN EXECUTING THE NOTE, BEING FULLY AWARE OF MY RIGHTS TO ADVANCE NOTICE AND A HEARING
AFTER JUDGMENT IS ENTERED AND BEFORE EXECUTION ON THE JUDGMENT, I AM KNOWINGLY, INTELLIGENTLY AND VOLUNTARILY
WAIVING THESE RIGHTS, AND I EXPRESSLY AGREE AND CONSENT TO LENDER'S IMMEDIATELY EXECUTING ON THE JUDGMENT, IN ANY
MANNER PERMITTED BY APPLICABLE STATE AND FEDERAL LAW, WITHOUT GIVING ME ANY ADVANCE NOTICE.
INITIALS: ::: ': `..:"L.,.._--
C. AFTER HAVING READ AND DETERMINED WHICH OF THE FOLLOWING STATEMENTS ARE APPLICABLE, AND BY PLACING MY INITIALS
NEXT TO EACH STATEMENT WHICH APPLIES, 1 REPRESENT THAT:
INITIALS
1. I WAS REPRESENTED BY MY OWN INDEPENDENT LEGAL COUNSEL IN CONNECTION WITH THE NOTE.
~~ 2. A REPRESENTATIVE OF LENDER SPECIFICALLY CALLED THE CONFESSION OF JUDGMENT PROVISION IN THE NOTE TO MY
ATTENTION.
D. I CERTIFY THAT MY ANNUAL INCOME EXCEEDS $10,000; THAT THE BLANKS IN THIS DISCLOSURE WERE FILLED IN WHEN I INITIALED
AND SIGNED IT; AND THAT I RECEIVED A COPY AT THE TIME OF SIGNING.
THIS DISCLOSURE IS GIVEN UNDER SEAL AND IT IS INTENDED THAT THIS DISCLOSURE IS AND SHALL CONSTITUTE AND HAVE THE
EFFECT OF A SEALED INSTRUMENT ACCORDING TO LAW.
AFFIANT:
X ~~~/~- 0 /~ ~ (Seal)
Anne M. Ibertson
L0.5ER PRO LeMirg, Ver. 5.26.00.009 Copy. HarlarW Flnarmlel Solutions. Inc.
TR-~65] PR-Comm RE
. t~AR-C38-2C3t17 10 :17 KNUFF 1{C3BAh ~r I MBLt3~t ~ 1'~ 239 ~ i f~8
VERIFICATION
I, DAVID W. PREVOST, Vice-presidentiSpecial Assets Officer, of PENNSYLVANIA
STATE BANK, verify that the statements made in the aforegoing Complaint in Foreclosure are true
anal correct. I understand that false statements herein are made subject to the Penalties of 18 Pa. C.
S. §4904, relating to unsworn falsification to authorities.
PEI~iNSYLVAI~IA STATE BA1~iK
V
David W . Prevost
Vice-PresidentfSpecial Assets Officer
Dada: 3 ~Q o
3070051 MB
F.\tJgER1BONNIFJ(31PSB\FpRECL\Albertson\co~rpl - market st.wQd:08MarU7
~
~
r?
,,o .o V _.~
~ ~ ~ ~
~
" ~
~ ~ , ~, ~-
~ `~,
T7 - rr
,-
?
_.a i
}~ c
` ~- :_ir~~
_
.~
C~,?
~: -^C
0
PENNSYLVANIA STATE BANK
Plaintiff
v.
RICHARD D. ALBERTSON and
ANNE M. ALBERTSON
Defendants
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. Q?~ IQ~D
l.lU~ ~~
CIVIL DIVISION -LAW
CONFESSED JUDGMENT
NOTICE UNDER RULE 2958.1 OF JUDGMENT AND EXECUTION THEREON
NOTICE OF DEFENDANT'S RIGHTS
TO: ANNE M. ALBERTSON, DEFENDANT
A Judgment in the amount of $189,982.10 has been entered against you and in favor of Plaintiff
without a prior notice or hearing based on a Confession of Judgment contained in a written agreement or
other paper allegedly signed by you. The Sheriffmay take your money or other property to pay the Judgment
at any time after thirty (30) days after the date on which this notice is served on you.
You may have legal rights to defeat the Judgment or to prevent your money or property from being
taken. YOU MUST FILE A PETITION SEEKING RELIEF FROM THE JUDGMENT AND PRESENT
IT TO A JUDGE WITHIN THIRTY (30) DAYS AFTER THE DATE ON WHICH THIS NOTICE IS
SERVED ON YOU OR YOU MAY LOSE YOUR RIGHTS.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE
A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN
PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER.
IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO
PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES
TO ELIGIBLE PERSONS AT A REDUCE FEE OR NOT FEE.
CUMBERLAND COUNTY BAR ASSOCIATION
TWO LIBERTY AVENUE
CARLISLE PA 17013
(717) 249-3166
ROBERT D. KODAK, ESQUIRE
POST OFFICE BOX 11848
HARRISBURG, PA 17108-1848
(717) 238-7151
ATTORNEY FOR PLAINTIFF
o
-_ ,-,
~' ~~` ~~
`~ ~ '?')
~
l
~ `~
~.r •~F
_i L
>
.,
r _.
_
-- C)
-- ., _.~
L+.7 <{
PENNSYLVANIA STATE BANK
Plaintiff
v.
RICHARD D. ALBERTSON and
ANNE M. ALBERTSON
Defendants
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
. NO.07 - ~ qa~ C~! ~ ~ C.`t~~
CIVIL DIVISION -LAW
CONFESSED JUDGMENT
NOTICE UNDER RULE 2958.1 OF JUDGMENT AND EXECUTION THEREON
NOTICE OF DEFENDANT'S RIGHTS
TO: RICHARD D. ALBERTSON, DEFENDANT
A Judgment in the amount of $189,982.10 has been entered against you and in favor of Plaintiff
without a prior notice or hearing based on a Confession of Judgment contained in a written agreement or
other paper allegedly signed by you. The Sheriffmay take your money or other property to pay the Judgment
at any time after thirty (30) days after the date on which this notice is served on you.
You may have legal rights to defeat the Judgment or to prevent your money or property from being
taken. YOU MUST FILE A PETITION SEEKING RELIEF FROM THE JUDGMENT AND PRESENT
IT TO A JUDGE WITHIN THIRTY (30) DAYS AFTER THE DATE ON WHICH THIS NOTICE IS
SERVED ON YOU OR YOU MAY LOSE YOUR RIGHTS.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE
A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN
PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER.
IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO
PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES
TO ELIGIBLE PERSONS AT A REDUCE FEE OR NOT FEE.
CUMBERLAND COUNTY BAR ASSOCIATION
TWO LIBERTY AVENUE
CARLISLE PA 17013
(717) 249-3166
ROBERT D. KODAK, ESQUIRE
POST OFFICE BOX 11848
HARRISBURG, PA 17108-1848
(717) 238-7151
ATTORNEY FOR PLAINTIFF
C7 cN--~ (~
~ -Ti
°~ -~
s ~_..,
~7 r'=
cn ! ,
.- ~
-~' ~' ' ~_
a
~~ ~
PENNSYLVANIA STATE BANK
Plaintiff
v.
RICHARD D. ALBERTSON and
ANNE M. ALBERTSON
Defendants
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. aT ~QG~ ~ tvc L `~~
CIVIL DIVISION -LAW
CONFESSED JUDGMENT
PLAINTIFF'S AFFIDAVIT/AVERMENT
CONFESSION OF JUDGMENT FOR MONEY
(x) Pursuant to Pa. R.C.P. No. 2951(1)(2)(ii), Icertify that this judgment is not being
entered by confession against a natural person in connection with a consumer credit
transaction.
(a) A consumer credit transaction means a credit transaction in which the party
to whom credit is offered or extended is a natural person and the money,
property or services which are the subject of the transaction are primarily for
personal, family or household purposes.
CONFESSION OF JUDGMENT FOR CONFESSION OF REAL PROPERTY
() Pursuant to Pa. R.C.P. No. 2971(1)(1), I certify that this judgment is not being
entered against a natural person in connection with a residential lease.
•••••••••••••••
The above certification is made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn
falsification to authorities.
Dated: Apri13, 2007
R ert D. Kodak, Esquire
Attorney for Plaintiff
I.D. No. 18041
Address: Kodak & Imblum, P.C.
407 North Front Street
Post Office Box 11848
Harrisburg, PA 17108-1848
(717) 238-7152 Fax: (717) 238-7158
C~ ~=~ -rt
~„ `--~
_i.J ~ --I
- ~y m
- LJ'3 ;,.
- - ' w.
. _...
~,.rY" ` ... `j i Ti
4,,J -G
PENNSYLVANIA STATE BANK
Plaintiff
v.
RICHARD D. ALBERTSON and ANNE M. ALBERTSON
Defendants
TO: RICHARD D. ALBERTSON, Defendant
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
. •-
No. O ? - l q6~ ~ ~ ~: L
CIVIL DIVISION -LAW
CONFESSED JUDGMENT
You are hereby notified that on ~ , 2007, Judgment by confession was entered against
you in the sum of $189,982.10 in th above-captioned
DATE: 2007
Pro onotary
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A
LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH
BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
I hereby certify that the following is the address of the Defendant(s) stated in the Certificate of Residence:
132 BRIAR PATCH DRIVE, CARLI A 17013
Robert D. Kodak, Attorney for Plaintiff
A RICHARD D. ALBERTSON, Demandado(s)
Por este medio sea avisado que en el dia de 2007, un fallo por admision fue registrado
contra uated por la cantidad de $189,982.10 del case antes escrito.
Fecha: el dia de de 2007
Protonotario
LLEVE ESTA DEMANDA A UN ABODAGO IMMEDIATAMENTE. SI NO TIENE ABOGADO O
SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA O
LLAME POR TELEFONO A LA OFICINA CUYA DIREC ON SE ENCUENTRA ESCRITA
ABAJO PARR AVERIGUIR DONDE SE PUEDE CONS~;ISISTANGI~EGAL.
Robert D. Kodak, Abogado(a) de Demandante(s)
CUMBERLAND COUNTY BAR ASSOCIATION
TWO LIBERTY AVENUE
CARLISLE PA 17013
(717) 249-3166
PENNSYLVANIA STATE BANK TN THE COURT OF COMMON PLEAS
Plaintiff :CUMBERLAND COUNTY, PEnNNSY/LVANIA
NO. 0~ lQ~ 1... tU~l..~ l
v.
RICHARD D. ALBERTSON and ANNE M. ALBERTSON :CIVIL DIVISION -LAW
Defendants :CONFESSED JUDGMENT
TO: ANNE M. ALBERTSON, Defendant
You are hereby notified that on , 2007, Judgment by confession was entered against
you in the sum of $189,982.10 in t above-captioned cam. 1 ~ ~
DATE: /~c~ii%L 2007 °
7 Proth notary
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A
LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH
BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
I hereby certify that the following is the address of the Defendant(s) stated in the Certificate of Residence:
132 BRIAR PATCH DRNE, CA A 17013
Robert D. Kodak, Attorney for Plaintiff
A ANNE M. ALBERTSON, Demandado(s)
Por este medio sea avisado que en el dia de 2007, un fallo por admision fue registrado
contra uated por la cantidad de $189,982.10 del case antes escrito.
Fecha: el dia de de 2007
Protonotario
LLEVE ESTA DEMANDA A UN ABODAGO IMMEDIATAMENTE. SI NO TIENE ABOGADO O
SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA O
LLAME POR TELEFONO A LA OFICINA CUYA DIltECCI SE ENCUENTRA ESCRITA
ABAJO PARR AVERIGUIR DONDE SE PUEDE CONSE~~I~AS~TANCIA L>~AL.
Robert D. Kodak, Abogado(a) de Demandante(s)
CUMBERLAND COUNTY BAR ASSOCIATION
TWO LIBERTY AVENUE
CARLISLE PA 17013
(717) 249-3166