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HomeMy WebLinkAbout08-2853ORRSTOWN BANK, Plaintiff V. MARCIA FETTERS POTTS, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2008- Q%53 CIVIL TERM CONFESSION OF JUDGMENT Pursuant to the authority contained in the warrant of attorney, the original or a copy of DE8zan1 p,gNT which is attached to the complaint filed in this action, I appear for the paif and confess judgment in favor of the plaintiff and against defendant as follows: Principal $76,303.22 Interest to 04/16/08 $ 1,443.11 (per diem $16.95) Attorney Fees $ 7,630.32 (10% of the principal debt) Late charges 100.00 TOTAL: $85,476.65 David A. Baric, Esquire Attorney for Orrstown Bank ORRSTOWN BANK, Plaintiff V. MARCIA FETTERS POTTS, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA N0.2008- ??53 CIVIL TERM NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by an attorney and filing in writing with the court, your defenses or objections to the claims set forth against you. You are warned that if you fail to do so, the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 (717) 249-3166 ORRSTOWN BANK, Plaintiff V. MARCIA FETTERS POTTS, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2008- ???'3 CIVIL TERM COMPLAINT IN CONFESSION OF JUDGMENT NOW, comes Plaintiff, Orrstown Bank, by and through its attorneys, O'BRIEN, BARIC & SCHERER, and files the within Complaint and, in support thereof, sets forth the following: 1. The principal business address of Orrstown Bank is 77 East King Street, Shippensburg, Cumberland County, Pennsylvania 17257 2. Defendant, Marcia Fetters Potts is an adult individual with a last known address of 345 Peach Glen Road, Gardners, Cumberland County, Pennsylvania 17324. 3. On or about October 22, 2004, Defendant, Marcia Fetters Potts, executed a Note payable to Orrstown Bank. A true and correct copy of the Note is attached as Exhibit "A" and is incorporated by reference. 4. Judgment is not being entered by confession against natural persons in connection with a consumer transaction. 5. Orrstown Bank reasonably believes the prospect of payment or performance under the Note is impaired. 6. Orrstown Bank in good faith believes itself to be insecure. 7. Judgment has not been entered on the Note in any other jurisdiction. Defendant has defaulted under the terms of the Note by failing to make the required monthly payments for January, 2008, February, 2008 and March, 2008 to the date hereof. 9. The amount due and owing is calculated as follows: Principal $76,303.22 Interest to 04/16/08 $ 1,443.11 (per diem $16.95) Attorney Fees $ 7,630.32 (10% of the principal debt) Late charges 100.00 TOTAL: $85,476.65 10. The Note as appended, provides for the recovery of costs, including reasonable attorney fees, incurred by Orrstown Bank to collect the debt due and owing. WHEREFORE, Plaintiff requests judgment as authorized by the warrant in the amount of $85,476.65 plus costs and expenses, attorney fees and interest accruing to the date of payment. Respectfully submitted, BARI SCHE G r David A. Baric, Esquire I.D. 44853 19 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 Attorney for Orrstown Bank dab.dir/orrstown bank/potts/complaintincon fession.pld . „ 7172495755 OBS VER IC-A-11O PAGE 05 The statements in the foregoing Complaint In Confession Of Judgment are based upon information which has been assembled by my attorney in this litigation. The language of the statements is not my own. I have read the statements; and to the extent that they are based upon information which L have given to my counsel, they are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unworn falsifications to authorities. DATE: - --S! Q d V „1l etsy Smith, Collector Orrstown Bank PROMISSORY NOTE 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. Borrower: Marcia A Fetters ISSN: 201-42-5504) Lender: ORRSTOWN BANK 1452 Holly Pike SEVEN GABLES OFFICE Carlisle, PA 17013 PO BOX 250 SHIPPENSBURG, PA 17257 Principal Amount: $81,400.00 Initial Rate: 8.000% Date of Note: October 22, 2004 Maturity Date: October 22, 2024 PROMISE TO PAY. Marcia A Fetters ("Borrower") promises to pay to ORRSTOWN BANK ("Lender"), or order, in lawful money of the United States of America, the principal amount of Eighty-one Thousand Four Hundred & 001100 Dollars ($81,400.00) or so much as may be outstanding, together with interest on the unpaid outstanding principal balance of each advance. Interest shall be calculated from the date of each advance until repayment of each advance. PAYMENT. Subject to any payment changes resulting from changes in the Index, Borrower will pay this loan on demand. Payment in full is due immediately upon Lender's demand. If no demand is made, Borrower will pay this loan in accordance with the following payment schedule: 6 monthly consecutive interest payments, beginning November 22, 2004, with interest calculated on the unpaid principal balances at an interest rate of 8.000% per annum; 54 monthly consecutive principal and interest payments in the initial amount of $686.82 each, beginning May 22, 2005, with interest calculated on the unpaid principal balances at an interest rate of 8.000% per annum; 179 monthly consecutive principal and interest payments in the initial amount of $567.01 each, beginning November 22, 2009, with interest calculated on the unpaid principal balances at an interest rate based on the Wall Street Prime (currently 4.750%), resulting in an initial interest rate of 4.750%; and one principal and interest payment of $566.56 on October 22, 2024, with interest calculated on the unpaid principal balances at an interest rate based on the Wall Street Prime (currently 4.750%), resulting in an initial interest rate of 4.750%. This estimated final payment is based on the assumption that all payments will be made exactly as scheduled and that the Index does not change; the actual final payment will be for all principal and accrued interest not yet paid, together with any other unpaid amounts under this Note. Unless otherwise agreed or required by applicable law, payments will be applied first to any accrued unpaid interest; then to principal; 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 principal balance is outstanding. Borrower will pay Lender at Lender's address shown above or at such other place as Lender may designate in writing. VARIABLE INTEREST RATE. The interest rate on this Note is subject to change from time to time based on changes in an independent index which is the Wall Street Prime Ithe "Index"). The Index is not necessarily the lowest rate charged by Lender on its loans. If the Index becomes unavailable during the term of this loan, Lender may designate a substitute index after notice to Borrower. Lender will tell Borrower the current Index rate upon Borrower's request. The interest rate change will not occur more often than each day. Borrower understands that Lender may make loans based on other rates as well. The Index currently is 4.750% per annum. The interest rate or rates to be applied to the unpaid principal balance of this Note will be the rate or rates set forth herein in the "Payment" section. Notwithstanding any other provision of this Note, after the first payment stream, the interest rate for each subsequent payment stream will be effective as of the last payment date of the just-ending payment stream. NOTICE: Under no circumstances will the interest rate on this Note be more than the maximum rate allowed by applicable law. Whenever increases occur in the interest rate, Lender, at its option, may do one or more of the following: (A) increase Borrower's payments to ensure Borrower's loan will pay off by its original final maturity date, (B) increase Borrower's payments to cover accruing interest, (C) increase the number of Borrower's payments, and (D) continue Borrower's payments at the same amount and increase Borrower's final payment. PREPAYMENT PENALTY. Borrower agrees that all loan fees and other prepaid finance charges are earned fully as of the date of the loan and will not be subject to refund upon early payment (whether voluntary or as a result of default), except as otherwise required by law. Upon prepayment of this Note, Lender is entitled to the following prepayment penalty: Should Borrower prepay all or any amount of principal during the next five (5) years, the Borrower shall be assessed against the amount prepaid, a five percent (5.00%) prepayment penalty. The assessment percentage shall decrease one percent (1.00%) per annum to par. Lender acknowledges that excepted from this assessment will be principal payments that are generated as a result of operation of the business for which the loan was extended. Specifically not excepted will be any prepayments generated as a result of a refinancing at any other financial institution. Except for the foregoing, Borrower may pay all or a portion of the amount owed earlier than is due. Early payments will not, unless agreed to by Lender in writing, relieve Borrower or Borrower's obligation to continue to make payments under the payment schedule. Rather, they will reduce the principal balance due and may result in Borrower making fewer payments.. Except for the foregoing, 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 of Borrower's obligation to continue to make payments under the payment schedule. Rather, early payments will reduce the principal balance due and may result in Borrower'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 full" 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: ORRSTOWN BANK, P.O. BOX 250 SHIPPENSBURG, PA 17257. LATE CHARGE. If a payment is 16 days or more late, Borrower will be charged 5.000% of the regularly scheduled payment or $50.00, whichever is greater. INTEREST AFTER DEFAULT. Upon default, including failure to pay upon final maturity, Lender, at its option, may, if permitted under applicable law, increase the variable interest rate on this Note by 3.000 percentage points. The interest rate will not exceed the maximum rate permitted by applicable law. If judgment is entered in connection with this Note, interest will continue to accrue on this Note after judgment at the interest rate applicable to this Note at the time judgment is entered. 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. Other Defaults. Borrower fails to comply with or to perform any other term, obligation, 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. False Statements. Any warranty, representation or statement made or furnished to Lender by Borrower or on Borrower's behalf under this EXHIBIT "A" PROMISSORY NOTE (Continued) Page 2 Note or the related documents is false or misleading in any 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 dissolution or termination of Borrower's existence as a going business, the insolvency of Borrower, the appointment of a receiver for any part of Borrower's property, any 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 securing 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 of the creditor or forfeiture proceeding and if Borrower gives Lender written notice of the creditor or forfeiture proceeding and 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 party of any of the indebtedness or any guarantor, endorser, surety, or accommodation party dies or becomes incompetent, or revokes or disputes the validity of, 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, or Lender believes the prospect of payment or performance of this Note is impaired. Insecurity. Lender in good faith believes itself insecure. Cure Provisions. If any default, other than a default in payment is curable and if Borrower has not been given a notice of a breach of the same provision of this Note within the preceding twelve (12) months, it may be cured if Borrower, after receiving written notice from Lender demanding cure of such default: (1) cures the default within fifteen 05) 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 soon as reasonably practical. LENDER'S RIGHTS. Upon default, Lender may, after giving such notices as required by applicable law, declare the entire unpaid principal balance on this Note and all accrued unpaid interest immediately due, and then Borrower will pay that amount. ATTORNEYS' FEES; EXPENSES. Lender may hire or pay someone else to help collect this Note if Borrower does not pay. Borrower will pay Lender that amount. This includes, subject to any limits under applicable law, Lender's attorneys' fees and Lender's legal expenses, whether or not there is a lawsuit, including attorneys' fees, expenses for bankruptcy proceedings (including efforts to modify or vacate any automatic stay or injunction), and appeals. If not prohibited by applicable law, Borrower also will pay any court costs, in addition to all other sums provided by law. JURY WAIVER. Lender and Borrower hereby waive the right to any jury trial in any action, proceeding, or counterclaim brought by either Lender or Borrower against the other. 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 and all accounts Borrower may open in the future. However, this does not include any IRA or Keogh accounts, or any trust accounts for which setoff would be prohibited by law. Borrower authorizes Lender, to the extent permitted by applicable law, to charge or setoff all sums owing on the indebtedness against any and all such accounts, and, at Lender's option, to administratively freeze all such accounts to allow Lender to protect Lender's charge and setoff rights provided in this paragraph. PROPERTY INSURANCE. Borrower understands that Borrower is 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. LINE OF CREDIT. This Note evidences a straight line of credit. Once the total amount of principal has been advanced, Borrower is not entitled to further loan advances. Borrower agrees to be liable for all sums either: (A) advanced in accordance with the instructions of an authorized person or (B) credited to any of Borrower's accounts with Lender. The unpaid principal balance owing on this Note at any time may be evidenced by endorsements on this Note or by Lender's internal records, including daily computer print-outs. FINANCIAL INFORMATION. The Borrower agrees to provide the Lender with Federal Tax Returns and/or CPA prepared Financial Statements and any other financial information, required by the Lender's Original Commitment Letter to the Borrower, on an annual basis. If the Lender does not receive the required financial information within two hundred seventy (270) days of the Borrower's fiscal year end, the Lender has the right to increase the interest rate charged on this Note by 0.25%. The Borrower shall receive written notification ten (10) days prior to the Lender increasing the interest rate charged on this Note. SUCCESSOR INTERESTS. The terms of this 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 specific inaccuracy(ies) should be sent to us at the following address: ORRSTOWN BANK P.O. BOX 250 SHIPPENSBURG, PA 17257 GENERAL PROVISIONS. This Note is payable on demand. The inclusion of specific default provisions or rights of Lender shall not preclude Lender's right to declare payment of this Note on its demand. Lender may delay or forgo enforcing any of its rights or remedies under this Note without losing them. 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. All 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, fail to realize upon or perfect Lender's security interest in the collateral; and take any other action deemed necessary by Lender without the consent of or notice to anyone. All such parties also agree that Lender may modify this loan without the consent of or notice to anyone other than the party with whom the modification is made. The obligations under this Note are joint and several. If any portion of this Note is for any reason determined to be unenforceable, it will not affect the enforceability of any other provisions of this Note. CONFESSION OF JUDGMENT. BORROWER HEREBY IRREVOCABLY AUTHORIZES AND EMPOWERS ANY ATTORNEY OR THE PRr)TW01\Ir1T A RV nP CI FRK (1F ANY Cot IRT IN THE COMMONWEALTH r1F PFAINI(ZVI VAwuA no ci n-1-- -- - PROMISSORY NOTE (Continued) Page 3 AGAINST BORROWER FOR THE ENTIRE PRINCIPAL BALANCE OF THIS NOTE AND ALL ACCRUED INTEREST, LATE CHARGES AND ANY AND ALL AMOUNTS EXPENDED OR ADVANCED BY LENDER RELATING TO ANY COLLATERAL SECURING THIS NOTE, TOGETHER WITH COSTS OF SUIT, AND AN ATTORNEY'S COMMISSION OF TEN PERCENT 00%) OF THE UNPAID PRINCIPAL BALANCE AND ACCRUED INTEREST FOR COLLECTION, BUT IN ANY EVENT NOT LESS THAN FIVE HUNDRED DOLLARS 1$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, BORROWER READ AND UNDERSTOOD ALL THE PROVISIONS OF THIS NOTE, INCLUDING THE VARIABLE INTEREST RATE PROVISIONS. 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 CONSTITUTE AND HAVE THE EFFECT OF A SEALED INSTRUMENT ACCORDING TO LAW. BORROWER: X :?7! Marcia A Fetters (Seal) LASER PRO L-dMg, V-. 5.2..10.002 Cop. K.W. F 4nca150kitinn,, Inc. 1997, 2004. N M_._ Ru.rvW. - PA O:ICM1LR.W20.PC 78.8664 MI ORRSTOWN BANK, Plaintiff V. MARCIA FETTERS POTTS, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2008- a,%53 CIVIL TERM NOTICE UNDER RULE 2958.2 OF JUDGMENT AND EXECUTION THEREON TO: Marcia Fetters Potts 345 Peach Glen Road Gardners, Pennsylvania 17324 A judgment in the amount of $85,476.65 has been entered against you and in favor of the plaintiff without any prior notice or hearing based on a confession of judgment contained in a written agreement or other paper allegedly signed by you. The court has issued a writ of execution which directs the sheriff to levy upon and sell certain real estate property owned by you to pay the judgment. You may have legal rights to defeat the judgment or to prevent or delay sheriff's sale. YOU MUST FILE A PETITION SEEKING RELIEF FROM THE JUDGMENT OR DELAY OF THE SHERIFF'S SALE PRIOR TO THE SHERIFF'S SALE OR YOU MAY LOSE YOUR RIGHTS. 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 REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 (717) 249-3166 David A. Banc, Esquire Attorney for Plaintiff 19 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 ORRSTOWN BANK, Plaintiff V. MARCIA FETTERS POTTS, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2008- oZ $53 CIVIL TERM CERTIFICATION OF ADDRESSES COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ss. David A. Baric, Esquire, being duly sworn according to law, deposes and says that to the best of his knowledge, information and belief, the addresses of the judgment creditor and the judgment debtor in the above-captioned case are as follows: Plaintiff: Defendant: Orrstown Bank 77 East King Street Shippensburg, Pennsylvania 17257 Marcia Fetters Potts 345 Peach Glen Road Gardners, Pennsylvania 17324 David A. Baric, Esquire Sworn to and subscribed before me this , OOM day of , 2008. -qo gao U COMMONWEALTH OF PENNSYLVANIA Notarial Seel Jennifer S. Lindsay. Notary Public My m Nov, 29,2011 Member, Pennsylvania Association of otaries ORRSTOWN BANK, Plaintiff V. MARCIA FETTERS POTTS, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2008- a,gg3 CIVIL TERM AFFIDAVIT OF COMMERCIAL TRANSACTION I hereby certify that I am counsel for Orrstown Bank, the Plaintiff herein, and hereby certify that judgment is not being entered against a natural person in a consumer transaction. OYB EN, BARIC CHE to David A. Baric, Esquire ORRSTOWN BANK, Plaintiff V. MARCIA FETTERS POTTS, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2008- agS3 CIVIL TERM AFFIDAVIT OF NON-MILITARY SERVICE COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ss. David A. Baric, Esquire, being duly sworn according to law, deposes and says that he is counsel to the Plaintiff herein, and as such states the following: 1. The Defendants, are not in the military or naval service of the United States or its allies, or otherwise within the provisions of the Soldiers' and Sailors' Civil Relief Act of 1940, as amended. 2. The Defendant, Marcia Fetters Potts, is more than 21 years of age and has a current address of 345 Peach Glen Road, Gardners, Cumberland County, Pennsylvania 17324. 3. He has ascertained the above information by personal investigation and makes this Affidavit with due authority. r Sworn to and subscribed before me this day of , 2008. t COMMONWEALTH OF PENNSYLVANIA Notarial Seal Jenrrfer S. Lindsay, Notary Pudic Caiisle Boro, Cumberland County My Cornnrfssion Fires Nov. 29, 2011 Member, Pennsylvania Association of Notaries David A. Baric, Esquire ORRSTOWN BANK, ; Plaintiff V. MARCIA FETTERS POTTS, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2008- (2853 CIVIL TERM NOTICE OF JUDGMENT PURSUANT TO Pa.R.C.P. 236 TO: Marcia Fetters Potts 345 Peach Glen Road Gardners, Pennsylvania 17324 Notice is hereby given to you of entry of a judgment against you in the above matter. 400 Date: o SHERIFF'S RETURN - REGULAR CASE NO: 2008-02853 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND ORRSTOWN BANK VS POTTS MARCIA FETTERS MARK CONKLIN Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within CONFESSION OF JUDGMENT was served upon POTTS MARCIA FETTERS the DEFENDANT , at 0930:00 HOURS, on the 8th day of May 2008 at 345 PEACH GLEN RD GARDNERS, PA 17324 MARCIA POTTS by handing to a true and attested copy of CONFESSION OF JUDGMENT NOTICE & COMPLAINT FOR CONF OF JUDGMENT NOTICE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge SAV/d 7, 18.00 12.00 .00 10.00 .00 X40.00 Sworn and Subscibed to before me this day So Answers: R. Thomas Kline 05/09/2008 OBRIEN BARIC SCHERER By. 4 ? ?z ?1? ,'Deputy Sheriff of A. D. OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF COUNTY OF CUMBER] VANIA) N008-2853 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMB. To satisfy the debt, interest From MARCIA FETTERS (1) You are directed to levy DESCRIPTION. (2) You are also directed to of GARNISHEE(S) as follows: and to notify the garnishee(s) paying any debt to or for the (s) or otherwise disposing the (3) If property of the defend of anyone other than a named garnishee and is enjoined as a Amount Due$76,303.22 Interest TO 06/09/08 (PER Atty's Comm % Atty Paid $94.00 ATTORNEY FEES TO Plaintiff Paid Date: JULY 3, 2008 (Seal) REQUESTING PARTY: Name DAVID A. BARIC, E Address: 19 WEST SOUTH Attorney for: PLAINTIFF Telephone: 717-249-6873 Supreme Court ID No. 44853 AND COUNTY: costs due ORRSTOWN BANK Plaintiff (s) the property of the defendant (s)and to sell SEE LEGAL the property of the defendant(s) not levied upon in the possession (a) an attachment has been issued; (b) the garnishee(s) is enjoined from nt of the defendant (s) and from delivering any property of the defendant ) not levied upon an subject to attachment is found in the possession dshee, you are directed to notify him/her that he/she has been added as a stated. L.L.$.50 $18.20) - $964.60 Due Prothy $2.00 Other Costs: LATE CHARGES $100.00 - t AND THROUGH SALE $1,156.25 /s/ /Y 4 C Curtis R. Long, Prothonotary By: Deputy T, CARLISLE, PA 17013 #d , 100+ ORRSTOWN BANK, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2008- 2853 CIVIL TERM MARCIA FETTERS POTTS, TO THE SHERIFF OF CUMBERLAND COUNTY: Please issue a Writ of Eiecution in the above matter. Principal debt $76,303.22 Interest to 06/09/D8 $ 964.60 (per diem $18.2 Late Charges $ 100.00 Attorney Fees to 06/09/08 and through sale $ 1,156.25 Costs $ -3@ o TOTAL: $78,825.57 O'B EN, BARIC :l David A. Baric, Esquire Pa I.D. 44853 19 West South Street Carlisle, PA 17013 (717) 249-6873 Attorney for Plaintiff Date: July 3, 2008 f,.a d sef„lc e- L04,5 ,10 7-3-d* n-?v b e Per ?' 1 ?rlc dg? ar HIV CERTIFICATE OF SERVICE I hereby certify that on Jgly 3, 2008, I, David A. Baric, Esquire, of O'Brien, Baric & Scherer, did serve a copy of the traecipe for Writ of Execution, by first class U.S. mail, postage prepaid, to the parties listed bel+1 as follows: Marcia Fetters Potts 345 Peach Glen Road Gardners, Pennsylvania 17324 V / . Y David A. Baric, Esquire r w !V ? ` "yQ? /"' ?H X:13 Y ORRSTOWN BANK, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2008- 2853 CIVIL TERM MARCIA FETTERS POTTS, rioro„a.,., I, David A. Baric, Esqui , attorney for Orrstown Bank, Plaintiff in the above action, sets forth as of the date of the Writ o Execution was filed the following information concerning the real property, as more fully desc 'bed on Exhibit "A", attached hereto and incorporated herein by reference. 1. Names and addresses o owner or reputed owners: Marcia Fetters Po tts 345 Peach Glen R oad Gardners, Penns lvania 17324 2. Names and addresses of efendants in the judgment: Marcia Fetters Po tts 345 Peach Glen R oad Gardners, Pennsy lvania 17324 3. Name and address of eve ry judgment creditor whose judgment is a record lien on the real property to be sold: Orrstown Bank 77 East King Street Shippensburg, PA 17257 Cumberland County Tax Claim Bureau One Courthouse Square Carlisle, PA 17013 Cumberland County Domestic Relations 13 North Hanover Street Carlisle, PA 17013 Department Of Revenue Bureau of Compliance P.O. Box 280946 Harrisburg, PA 17128 4. Name and address of the Orrstown Bank 5. Name and address of Orrstown Bank Cumberland Cumberland recorded holder of every mortgage of record: 77 East King Street Shippensburg, PA 17257 other person who has any record lien on the property: 77 East King Street Shippensburg, PA 17257 Tax Claim Bureau One Courthouse Square Carlisle, PA 17013 Domestic Relations 13 North Hanover Street Carlisle, PA 17013 Department Of R ,-venue Bureau of Compliance P.O. Box 280946 Harrisburg, PA 17128 6. Name and address of every other person who has any record interest in the property and whose interest may be affected the sale: n/a 7. Name and address of eve?ry other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: n/a I verify that the statements made in this affidavit are true and correct to the best of my knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C. S. 4 04 relating to worn falsificati to authorit' Date: David A. Baric, Esquire Attorney for Plaintiff All that certain lot or tract of Cumberland County, Commc as follows: Beginning at a point in the Carli Route 34 and corner of other Ian 3/4 degrees West, a distance of l center of said highway and corn( South 60 degrees West 69.5 feet 1/4 degrees West 294 feet, more same; thence North 39 1/2 degre point in the center of said run or South 76 1/4 degrees East a dist,- point in Highway Route 34 and t Said description being in dated July, 1965 Being the same premises which I deceased by Deed dated October Deed Book 265, Page 4418 convi PARCEL NO. 40-10-0634-006 LEGAL DESCRIPTION situate, lying and being in South Middleton Township, 11th of Pennsylvania, more particularly bounded and described le-Hanover Turnpike known as Pennsylvania State Highway is now or formerly of Cary W. Ahl and wife; thence South 13 1.6 feet along the center of said highway to a point in the of a lane or entrance reserved by Cary W. Ahl and wife; thence along land of the said Cary W. Ahl and wife; thence North 76 or less, to a point in the center of a run and other lands of the s East along the center of said run a distance of 168 feet to a tream and corner of lands of said Cary W. Ahl and wife; thence ice of 270 feet, more or less, still along lands of the same to a ie place of beginning. with survey prepared by T.O. Bietsch, Registered Surveyor, avid Donharl, Executor of the Estate of Kathryn S. Fetters, 9, 2004 and recorded October 22, 2004 in Cumberland County ied unto Marcia A. Fetters, in fee. EXHIBIT "A" N . -n 70 w C ? ORRSTOWN BANK, V. MARCIA FETTERS POTTS, NO. 2008- 2853 CIVIL TERM NOTICE OF SALE UNDER 1) The premises 1452 Holly Pike, Carlisle, 006 and described as follows: is the subject of this action and Notice of Sale is located at County, Pennsylvania, with a parcel number 40-10-0634- All that certain lot or tract of land situate, lying and being in South Middleton Township, Cumberland ounty, Commonwealth of Pennsylvania, more particularly bounded and described as follows: Beginning at a point in tl State Highway Route 34 Ahl and wife; thence Sol the center of said highw, lane or entrance reserve( 69.5 feet along land of d degrees West 294 feet, i lands of the same; thenc distance of 168 feet to a lands of said Cary W. A of 270 feet, more or less 34 and the place of begii Said description being Registered Surveyor, c Being the same premis S. Fetters, deceased by 2004 in Cumberland C Fetters, in fee. IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA e Carlisle-Hanover Turnpike known as Pennsylvania end corner of other lands now or formerly of Cary W. th 13 3/4 degrees West, a distance of 101.6 feet along y to a point in the center of said highway and corner of a by Cary W. Ahl and wife; thence South 60 degrees West e said Cary W. Ahl and wife; thence North 76 1/4 tore or less, to a point in the center of a run and other North 39 1/2 degrees East along the center of said run a Joint in the center of said run or stream and corner of 1 and wife; thence South 76 1/4 degrees East a distance still along lands of the same to a point in Highway Route accordance with survey prepared by T.O. Bietsch, A July, 1965 which David Donharl, Executor of the Estate of Kathryn eed dated October 19, 2004 and recorded October 22, my Deed Book 265, Page 4418 conveyed unto Marcia A. PARCEL NO. 40-1 2) If you have any attorney. 3) The time and 10:00 a.m., in the Sheriff's concerning this Notice, you should contact your of the Sheriffs Sale is Wednesday, December 10, 2008 at Cumberland County Courthouse, One Courthouse Square, Carlisle, Pennsylvania 17013. 4) The sale is being eld on Judgment entered in Orrstown Bank v. Marcia Fetters Potts, docketed to 2008-2853 in a Court of Common Pleas of Cumberland County. 5) The name of the 6) A schedule of di Sheriff not later than thirty (30) accordance with the schedule Lu or reputed owner is Marcia Fetters Potts. tion will be filed by the Sheriff on a date specified by the after the Sheriffs Sale and distribution will be made in exceptions are filed thereto within ten (10) days thereafter. Respectfully submitted, EN, BARIC S H David A. Baric, Esquire I.D. # 44853 19 West South Street Carlisle, PA 17013 (717) 249-6873 DATE: D-7/01 10% 00 All that certain lot or tract of Cumberland County, Commc as follows: Beginning at a point in the Carlis Route 34 and corner of other Ian( 3/4 degrees West, a distance of 1 center of said highway and come South 60 degrees West 69.5 feet 1/4 degrees West 294 feet, more same; thence North 39 1/2 degre( point in the center of said run or South 76 1/4 degrees East a dista point in Highway Route 34 and tl Said description being in dated July, 1965 Being the same premises which I deceased by Deed dated October Deed Book 265, Page 4418 convi PARCEL NO. 40-10-0634-006 LEGAL DESCRIPTION situate, lying and being in South Middleton Township, alth of Pennsylvania, more particularly bounded and described Hanover Turnpike known as Pennsylvania State Highway now or formerly of Cary W. Ahl and wife; thence South 13 1.6 feet along the center of said highway to a point in the of a lane or entrance reserved by Cary W. Ahl and wife; thence long land of the said Cary W. Ahl and wife; thence North 76 )r less, to a point in the center of a run and other lands of the ; East along the center of said run a distance of 168 feet to a ream and corner of lands of said Cary W. Ahl and wife; thence ce of 270 feet, more or less, still along lands of the same to a place of beginning. with survey prepared by T.O. Bietsch, Registered Surveyor, Fivid Donharl, Executor of the Estate of Kathryn S. Fetters, 9, 2004 and recorded October 22, 2004 in Cumberland County unto Marcia A. Fetters, in fee. 141. ? QQ rte- ?? C J ^C . Q ORRSTOWN BANK, Plaintiff V. MARCIA FETTERS POTTS, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2008- 2853 CIVIL TERM Notice is hereby given to he following parties who hold one or more mortgage, judgment or tax liens against the real estate of Marcia Fetters Potts. Orrstown Bank Cumberland Department of Cumberland You are hereby notified time, by virtue of a Writ of Exe County, Pennsylvania, on the ji the Sheriff of Cumberland Cou Office, Cumberland County Cc estate of Marcia Fetters Potts, I County, Pennsylvania, with a p hereto attached You are further notified filed by the Sheriff of Cumberla will be made in accordance witl days thereafter. Tax Claim Bureau Domestic Relations 77 East King Street Shippensburg, PA 17257 One Courthouse Square Carlisle, PA 17013 Bureau Of Compliance Department 280946 Harrisburg, PA 17128 13 North Hanover Street Carlisle, PA 17013 it on Wednesday, December 10, 2008 at 10:00 a.m., prevailing ;ion issued out of the Court of Common Pleas of Cumberland ment of Orrstown Bank v. Marcia Fetters Potts, No. 2008-2853 , Pennsylvania will expose at Public Sale in the Sheriff's house, One Courthouse Square, Carlisle, Pennsylvania, real wn and numbered 1452 Holly Pike, Carlisle, Cumberland el number 40-10-0634-006. A description of said real estate is ;hat a Schedule of Distribution of Proposed Distribution will be ad County on , and distribution . the Schedule unless exceptions are filed thereto within ten (10) You are further notified the sale and that you have an oI Sheriffs Sale. DATE: 01 01 the lien you hold against said real estate will be divested by unity to prot t your interest, if any, by being notified of said J David A. Baric, Esquire I.D. # 44853 O'Brien, Baric & Scherer 19 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 Attorney for Plaintiff LEGAL DESCRIPTION All that certain lot or tract of Cumberland County, Comm( as follows: Beginning at a point in the Carlis Route 34 and corner of other Ian( 3/4 degrees West, a distance of 11 center of said highway and come: South 60 degrees West 69.5 feet 1/4 degrees West 294 feet, more same; thence North 39 1/2 degre( point in the center of said run or South 76 1/4 degrees East a dista point in Highway Route 34 and tl Said description being in dated July, 1965 Being the same premises which I deceased by Deed dated October Deed Book 265, Page 4418 cony situate, lying and being in South Middleton Township, filth of Pennsylvania, more particularly bounded and described Hanover Turnpike known as Pennsylvania State Highway > now or formerly of Cary W. Ahl and wife; thence South 13 1.6 feet along the center of said highway to a point in the of a lane or entrance reserved by Cary W. Ahl and wife; thence long land of the said Cary W. Ahl and wife; thence North 76 )r less, to a point in the center of a run and other lands of the East along the center of said run a distance of 168 feet to a :ream and corner of lands of said Cary W. Ahl and wife; thence ce of 270 feet, more or less, still along lands of the same to a place of beginning. with survey prepared by T.O. Bietsch, Registered Surveyor, avid Donharl, Executor of the Estate of Kathryn S. Fetters, 9, 2004 and recorded October 22, 2004 in Cumberland County unto Marcia A. Fetters, in fee. PARCEL NO. 40-10-0634-006 ? `?i =? N ?? ?, r? .,?. ?' ? t.,? ? art 0 -?-? ORRSTOWN BANK, Plaintiff V. MARCIA FETTERS POTTS, I, David A. Baric, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2008- 2853 CIVIL TERM PURSUANT TO ACT 91 attorney for Plaintiff, states that the Notices required pursuant to Act 91 and Act 6 were mailed Ito the Defendant on or about March 12, 2008. EN, BARIC & SCHERER David A. Baric, Esquire SWORN TO AND SUBSCRIBED BEFORE ME THIS 1 ST DAY OF JULY, 2( Nota" seal Jens S. Ur&--ay, No ry Public Count Cadisln E)O rOs , aUon o of NoU Note r, Pennsylvania As c? 0 ?? 00 t... rC?- r-' w ?? ?C ? =i ? ? p ORRSTOWN BANK, Plaintiff V. MARCIA FETTERS POTTS, I, David A. Baric, Marcia Fetters Potts is 345 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2008- 2853 CIVIL TERM irl, do hereby affirm that the last known address of the Defendant, Glen Road, Gardners, Cumberland County, Pennsylvania 17324 and that the Defendant is , SWORN TO AND SUBSCRIBED BEFORE ME THIS 1 ST DAY OF JULY, N owner of the mortgaged property. O'BRIEN, BA & SCHE 1 David A. Baric, Esquire COMMONWEALTH OF PEN SYLVANIA Notarial Seed Jennifer S. urxlsay, Note Public Carlisle Boro, Cur nberia County My Commission E)ires No ,. 29, 2011 Member, Pennsylvania Assoala n of Notaries Q CL Cll w W. ORRSTOWN BANK, Plaintiff V. MARCIA FETTERS POTTS, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2008- 2853 CIVIL TERM PRAECIPE TO SATISFY JUDGMENT TO THE PROTHONOTARY: Defendant has reinstated a mortgage by making a partial payment covering several months of the mortgage. The balance of the debt under the mortgage and note remains unpaid and due in accordance with the terms of the mortgage and note. Please mark the judgment as satisfied without prejudice to Plaintiff to bring a subsequent action. Respectfully submitted, O' , BARI SC E David A. Baric, Esquire I.D. 44853 19 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 dab.dir/orrstownbank/potts/satisfyj udgment.pra CERTIFICATE OF SERVICE I hereby certify that on July 16, 2008, I, David A. Baric, Esquire of O'Brien, Baric & Scherer, did serve a copy of a Praecipe To Satisfy Judgment, by first class U.S. mail, postage prepaid, to the party listed below, as follows: Marcia Fetters Potts 345 Peach Glen Road Gardners, Pe sylvania 17324 t r David A. Baric, Esquire C' ? -.? 6, {` =":. a ,. k... -+?-• ? t ?.% r?. ??. --^ - . w ? ? I1 ,.. .:T??