Loading...
HomeMy WebLinkAbout08-5238Michael L. Solomon, Esquire Saidis, Flower & Lindsay 2109 Market Street Camp Hill, PA 17011 (717) 737-3405 GRAYSTONE BANK, Plaintiff ~. Sanjaykumar R. Patel and Linda P. Patel, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA. No. ~$ - 5a3s C-~~~ Tom. CIVIL ACTION -LAW CONFESSION OF JUDGMENT FOR MONEY Pursuant to the authority contained in the Warrant of Attorney, the original or a copy of which is attached to the Complaint filed in this action, I appear for the Defendant and Confess Judgment in favor of the Plaintiff and against Defendant as follows: Loan Number: 4000002520 Date of Note: 1/17/2007 Principal Sum $ 14,746.58 Interest through 8/1/2008: $ 217.92 Late Fees: $ 250.00 Attorney's Commission at 10% $ 1.475.00 TOTAL $ 16,689.50 Plus additional accrued interest, attorneys' fees and cost to suit (Interest will continue to accrue as authorized by the Note) Date: ~ 2 $ ~8 SAID S, FLOWE L NDSAY By: rw v~-~ -- Mic ael L. Solomo ,Esquire Supreme Court ID # 36031 2109 Market Street Camp Hill, PA 17011 (717) 737-3405 Attorney for Defendant Michael L. Solomon, Esquire Saidis, Flower & Lindsay 2109 Market Street Camp Hill, PA 17011 (717) 737-3405 GRAYSTONE BANK, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA. v. Sanjaykumar R. Patel and Linda P. Patel, Defendants . No. CIVIL ACTION -LAW COMPLAINT, CONFESSION OF JUDGMENT FOR MONEY Plaintiff files this Complaint pursuant to Pa.R.C.P. 2951(b) for Judgment by Confession and avers the following: 1. Plaintiff, Graystone Bank, is a Pennsylvania corporation with its principal place of business at 112 Market Street, Harrisburg, Dauphin County, Pennsylvania. 2. Defendants, Sanjaykumar R. Patel & Linda P. Patel, are adult individuals with a last known address of 5345 Oxford Circle, Apt. 59M, , Mechanicsburg, Cumberland County, Pennsylvania, 17055. 3. On January 17, 2007, Defendants, jointly and severally, promised to pay to Plaintiff any and all sums owing under a $15,000.00 Promissory Note in the manner set forth therein. 4. Attached hereto as Exhibit "A" is a true and correct copy of Defendants' Promissory Note of January 17, 2007 showing the Defendants' signatures. 5. On January 17, 2007, Defendants knowingly and voluntarily each signed a Disclosure for Confession of Judgment for the Promissory Note in the amount of $15,000.00. 6. Attached hereto as Exhibits "B" and "C" are true and correct copies of Defendants' Disclosure for Confession of Judgment of January 17, 2007 showing the Defendants' signatures. 7. Contrary to the terms and provisions of the Promissory Note, Defendants failed to make payments when due under the terms thereof. 8. Defendants' default under the Promissory Note by failing to make regular monthly payments is a default under the terms of the Disclosure for Confession of Judgment of January 17, 2007. 9. The judgment sought herein is not against a natural person in connection with a consumer credit transaction. 10. The attached instrument has not been assigned. 11. Judgment has not been entered in any jurisdiction on the attached instrument authorizing confession. 12. At the time of entry of judgment by confession, the following amount is due from Defendants: Loan Number: 4000002520 Date of Note: 1/17/2007 Principal Sum $ 14,746.58 Interest through 8/1/2008: $ 217.92 Late Fees: $ 250.00 Attorney's Commission at 10% $ 1,475.00 TOTAL $ 16,689.50 Plus additional accrued interest, attorneys' fees and cost to suit (Interest will continue to accrue as authorized by the Promissory Note) WHEREFORE, Plaintiff demands judgment by confession against Defendant in the amount of $ 16,689.50 plus additional interest, attorneys' fees, and costs, as authorized by the Warrant of Attorney. Date: ~ Z~ ~ 3 Respectfully Submitted, SAIDIS, FLOWER & LINDSAY By: .~ ~-~., ~. Michael L. Solomon, Es uire Supreme Court ID # 36031 2109 Market Street Camp Hill, PA 17011 (717) 737-3405 Attorney for Plaintiff EXHIBIT ~~A" PROMISSORY NOTE BOffOWef: Sanjaykumar R. Patel Linda A. Patel 5345 Oxford Circle Apt 59 Mechanicsburg, PA 17055 Lender: GRAYSTONE BANK Capital Region 112 Market Street Harrisburg, PA 17101 Principal Amount: 515,000.00 Date of Note: January 17, 2007 PROMISE TO PAY. Sanjaykumar R. Patel end Linda A. Patel 1"Borrower") jointly and severally promise to pay to GRAYSTONE BANK {"Lender"), or order, In lawful money of the United States of America, on demand, the principal amount of Fifteen Thousand & 00/100 Dollars (S15,000.00) or so much as may be outstanding, together wkh Interest on ttw unpaid outstanding principal balance of each advance. Interest shall be calculated from the date of each advance until repayment of each advance. PAYMENT. Borrower will pay this ban in full immediately tyros Lender's demand. Borrower wiU pay regular monthly paymenrts of aU accrued unpaid interest due as of each payment date, beginning February 17, 2007, with alt subaequertt irttereat payments to be due on the acme day of each month after that. Unless otherwise agreed or required by applicable law, paymems wUl be applied first to any accrued unpaid interest; then to principal; then to any late charges; and then to any unpaid coliectlon costs. TM annual interest rate for this Note Is corry~uted 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 prkrcipal 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 Nate is subject to change from time to time based on changes in an index which is Lender's Prime Rate Ithe "Index"1. This is the rate Lender charges, or would charge, on 90-day unsecured loans to the most creditworthy corporate customers. This rate may or may not be the lowest rate available from Lender et any given time. Lender will tell Borrower the current Index rata upon Borrower's request. The interest rate change will not occur more often then each day. Borrower understands that Lender may make loans based on other rates as well. The interest rate to be applied to the unpaid principal balance during this Note will be at a rate of 2.000 percentage points over the Index. NOTICE: Under rro circumstances will the Interest rate on this Note be more then the maxtmum rate allowed by applicable law. PREPAYMENT. 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. Except for the foregoing, Borrower may pay without penalty 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 of accrued unpaid interest. Rather, early payments wilt reduce the principal balance due. 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, end 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 ba mailed or delivered to: GRAYSTONE BANK, 112 Market Street Harrisburg, PA 17101. LATE CHARGE. If a regularly scheduled interest payment is 20 days or more late, Borrower will be charged 10.000% of the regularly scheduled payment or &250.00, whichever is greater. If Lender demands payment of this loan, and Borrower does not pay the loan in full within 20 days after Lender's demand, Borrower also will be charged either 10.000°Ao of the sum of the unpaid principal plus accrued unpaid interest or 5250.00, whichever is greater. INTEREST AFTER DEFAULT. Upon default, Including failure to pay upon final maturity, the interest rate on this Note shall be increased by adding a 2.000 percentage point margin {"Default Rate Margin"}, The Default Rete Margin shall also apply to each succeeding interest rate change that would have applied had there been no default. If judgment is entered in connection with this Note, interest will continue to accrue after the date of Judgment ai the rate in effect at the time judgment Is entered. However, in no event will the interest rate exceed the maximum interest rata limitations under applicable law. LENDER'S RIGHTS. Upon Lender's demand, Lender may, after giving such notices as required by applicable law, declare the entire unpaid principal balance under this Nata and all accrued unpaid interest immediately due. and then Borrower wilt oav rhar amniuit 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 heroby waive the right to any jury trial in any action, proceeding, or counterclaim brought by either Lender or Borrower agaGrst the other. GOVERNING LAW. This Note wUl be governed by federal law appflcable to Landor and, to the extant not preempted by federal law, the laws of the Commonwealth of Pennsylvania without regard to its conflicts of law provisions. Thin Note has bean accepted by Lender in the Commonwesth of Pennsylvania. CHOICE OF VENUE. If there is a lawsuit, Borrower agrees upon Lender's request to submit to the jurisdiction of the courts of Dauphin County, Commonwealth of Pennsylvania. RIGHT OF SETOFF. To the extent permitted by applicable [aw, 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 Lander, to the extent permitted by applicable law, to charge or setoff all sums owing on the indebtedness against any and sll such accounts. LINE OF CREDR. This Note evidences a revolving line of credit. Advances under this Note may be requested either orally or in writing by Borrower or by an authorized person. All oral requests shall be confirmed in writing on the day of the request, on forms acceptable to Lander. All communications, instructions, or directions by telephone or otherwise to Lender era to be directed to Lender's office shown above. 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. SECURITY. All collateral les herein defined) is security for this Note and any renewals, extensions and modifications thereof, and the payment, performance and discharge of all other present or future indebtedness, obligations and undertakings (whether individual, joint, several, direct, contingent or otherwise) of the Borrower to or for the benefit of Lender, whether arising directly to Lender under this Note or under any other . PROMISSORY NOTE Loan No: 4000002520 (Continued) Page 2 agreement, promissory note or undertakings now existing or hereinafter entered into by the Borrower to the Lender. The term 'Collateral" includes all tangible and intangible property (i) described in any mortgage, pledge, assignment or other securty document separately executed in favor of Lender, end iii} in which a security interest has been granted to Lender pursuant to this Note. ANNUAL REVIEW. The Lender will review the Note annually for renewals and extensions; such renewals and extensions to be granted predicated on the performance of the company and/or individuals end adherence to the Loan Agreement and/or loan policy. CROSS COLLATEAALI2ElCROSS DEFAULT. This loan will be cross-coilateralized/crosa-defaulted with all other loans from Borrower, or any of Borrower's related entities, to Lander. If at any time there is a default under this loan, ail loans will be considered in default and all outstanding amounts under the loans will be immediately due and payable in full. A default in ane loan shall constitute a default in all others. SUCCESSOR INTERESTS. The terms of this Note shall ba binding upon Borrower, and upon Borrower's heirs, personal representatives, successors and assigns, and shall inure to the benefit of Lander and its successors and assigns. GENERAL PROVISIONS. If any part of this Note cannot be enforced, this fact will not affect the rest of the Note. 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 additional secured or unsecured loans or otherwise extend additional credit; Ib) 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 cotlateral; id) 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 of 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, end- 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 ba 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. Ali 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. Tha 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 EMPOWER5 ANY ATTORNEY OR THE PROTHONOTARY OR CLERK OF ANY COURT IN THE COMMONWEALTH OF PENNSYLVANIA, OR ELSEWHERE, TO APPEAR AT ANY TIME FOR BORROWER AFTER A DEFAULT UNDER THIS NOTE AND WITH OR WITHOUT COMPLAINT FILED, CONFESS OR ENTER JUDGMENT AGAINST BORROWER FOR THE ENTIRE PRINCIPAL BALANCE OF THIS NOTE AND ALL ACCRUED INTEREST, LATE CHARGES AND ANY AND ALL AMOUNTS EXPENDED OR ADVANCED BY LENDER RELATING TO ANY COLLATERAL SECURING THIS NOTE, TOGETHER WITH COSTS OF SUIT, AND AN ATTORNEY'S COMMISSION OFTEN PERCENT (10%- OF THE UNPAID PRINCIPAL BALANCE AND ACCRUED INTEREST FOR COLLECTION, BUT IN ANY EVENT NOT LESS THAN FIVE HUNDRED DOLLARS IE5001 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, INCLUDING THE VARIABLE INTEREST RATE PROVISIONS. 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 CONSTITUTE AND HAVE THE EFFECT OF A SEALED INSTRUMENT ACCORDING TO LAW. BORROWER: X _ ~~ ~ (Seep Sanjayku r R, alai X a ISea11 in a A alai LENDER: GRAYSTONEBANK X~-~...t ~D~.~.. Sena Kai, Branch ales Manager __ _ WM rW t.s,y. w. 0.37.OO.Wa Car. Nrlr,a rinane4lwtln,, M. ,Yl. 2007. N Np.r eaa.r..a. . r~ s:y,..d,.,Gn,naoxirc asn rr„ EXHIBIT ~~B" DISCLOSURE FOR CONFESSION OF JUDGMENT Borrower: Sanjaykumar R. Patel Linda A. Patel 5345 Oxford Circle Apt 59 Mechanicsburg, PA 17055 Lender: GRAYSTONE BANK Capital Region 112 Market Street Harrisburg, PA 17101 Declarant: Sanjaykumar R. Patel 5345 Oxford Circls Apt 59 Mechanicsburg, PA 17055 DISCLOSURE FOR CONFESSION OF JUDGMENT I AM EXECUTING, THIS ~~ DAY OF t) ~ , 20 t~rA PROMISSORY NOTE FOR 515,000.00 OBLIGATING ME TO REPAY THAT AMOUNT. A. I UNDERSTAND THAT THE NOTE CONTAINS A CONFESSION DF 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, 1 AM KNOWINGLY, INTELLIGENTLY, AND VOLUNTARILY WAIVING THESE RIGHTS, INCLUDING ANY RIGHT TO ADVANCE NOTICE OF THE ENTRY OF :IUDGMENT, AND I EXPRESSLY AGREE AND CONSENT TO LENDER'S ENTERING JUDGMENT AGAINST ME BY CONFESSION AS PROVIDED FOR iN THE CONFESSION OF JUDGMENT PROVISION. B. 1 FURTHER UNDERSTAND THAT IN ADDITION TO GIVING LENDER THE RIGHT TO ENTER JUDGMENT AGAINST ME WITHOUT ADVANCE NOTICE OR A HEARING, THE CONFES510N 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 1 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. C. AFTER HAVING READ AND DETERMINED WHICH OF THE FOLLOWING STATEMENTS ARE APPLICABLE, BY INITIALING EACH STATEMENT THAT APPLIES, I REPRESENT THAT: INITIALS ~_ i. 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. 1 CERTIFY THAT MY ANNUAL INCOME EXCEEDS #10,000; THAT THE BLANKS IN THIS DISCLOSURE WERE FILLED 1N WHEN 1 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. DECLARANT: SanJaykumar R. ate lASl11 nW 1.w.6q, Vx, s.».m.aoa Cro.• M.4A hw.,Y ENU14n4 M. 19!). 100). At Npu b,~v.d .IA aw...~a1eR,uR~010.iC rne~1 rw1, EXHIBIT ~C" DISCLOSURE FOR CONCESSION OF JUDGMENT Borrower: Sanjaykuma- R. Patel Linda A. Patel 5345 Oxford Circle Apt 59 Mechanicsburg, PA 17055 DeCler8rlt: Linda A. Patai 5345 Oxford Circle Apt 59 Mschari7csburg, PA 17D55 Lender: GRAYSTONE BANK Capital Region 112 Market Street Harrisburg, PA 17101 DISCLOSURE FOR CONFESSION OF JUDGMENT i AM EXECUTING, THIS ~~ DAY OF (J~- , 20~-A PROMISSORY NOTE FOR 515,000.00 OBLIGATING ME TO REPAY THAT AMOUNT. A. I UNDERSTAND THAT THE NOTE CONTAINS A CONFESSION OF JUDGMENT PROVISION THAT WOULD PERMR 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. 1N 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, 1 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. e. I FUATHER 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 ERHER ADVANCE NOTICE OR A HEARING, TO EXECUTE ON THE JUDGMENT BY FORECLOSING UPON, ATTACHING, LEWING 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, 1 AM KNOWINGLY, INTELLIGENTLY AND VOLUNTARILY WAMNG 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. C. AFTER HAVING READ AND DETERMINED WHICH OF THE FOLLOWING STATEMENTS ARE APPLICABLE, BY INITIALING EACH STATEMENT THAT APPLIES, I REPRESENT THAT: INITIALS ~+ 1. I WAS REPRESENTED BY MY OWN INDEPENDENT LEGAL COUNSEL 1N 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 510,000; THAT THE BLANKS IN THIS DISCLOSURE WERE FlLLED IN WHEN I INRIALED AND SIGNED IT; AND THAT 1 RECEIVED A COPY AT THE TIME OF 51GNING. THIS DISCLOSURE IS GIVEN UNDEA SEAL AND IT IS INTENDED THAT THIS DISCLOSURf IS AND SHALL CONSTITUTE AND HAVE THE EFFECT OF A SEALED INSTRUMENT ACCORDING TO LAW. DECLARANT: /+ X `"~ ~ (Seal) Li A. Patel LA5711 AO Lridwp Vw. 6.A.00.0W Cay,. MwIMO iww1W1 SaYM4 ~• 187, 7007. Y Nq~Y Nw,v,6 • M 3:1MaM4~KTVL1D70.fC TFl17 7F1t VERIFICATION I, Michael L. Solomon, Esquire, attorney for Graystone Bank verify that the statements made in the foregoing Complaint are true and correct based upon information and belief provided by my clients. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904, relating to unsworn falsification to authorities. SAIDIS, FLOWER & LINDSAY Date: '~ 2 3 ~ ~ ~ By: ~ ~ l Mich I L. Solomon, squire Supreme Court ID # 36031 2109 Market Street Camp Hill, PA 17011 (717) 737-3405 Attorney for Plaintiff '~ "~ Gx:7 ` - ~ ~ ~ ;Tt OQ ~^ "'~ t ;7z ~ ~` ~. ~~) "'~ GRAYSTONE BANK, IN THE COURT OF COMMON PLEAS Plaintiff :CUMBERLAND COUNT//Y~~, PENNA. v. No. 08 - Sa38 C~ivi 1 ~ rlx Sanjaykumar R. Patel and Linda P. Patel, , Defendants :CIVIL ACTION -LAW AFFIDAVIT OF NON-MILITARY SERVICE I, Michael L. Solomon, Esquire, being duly sworn according to law, hereby affirm that to the best of my knowledge, neither Sanjaykumar R. Patel or Linda P. Patel are currently serving in the United States Military, nor in any State or Territory thereof or its allies, as defined in the Soldiers' and Sailors' Civil Relief Act of 1940 and the amendments thereto. uui'~,~ ~ <... Mic el L. Solomon, squire Sworn to and subscribed Before me this "aS~day Of ~ .ac ..u ~ ~C~, . c~ ~1Qa Lary Public ~~ COMMONWEALTH OF PENNSYLVANIA Notarlat Seal Yvonne Sersch, Notary PubUc Camp HIII Bono, Cumberland County My Commission Expires Feb. 1.2012 Member, Pennsylvania Association of Notaries r U . c~ _, E: ~° ~ ~ -, , _ ;_-t ~~ - ~ ' ~ ; ~~? ~ _.,;, -_ +~ ~~ -~ -,x. ~ , ~ v` -- .. :_~ ,~ p _3 '73 ~ Michael L. Solomon, Esquire Saidis, Flower & Lindsay 2109 Market Street Camp Hill, PA 17011 (717) 737-3405 GRAYSTONE BANK, IN THE COURT OF COMMON PLEAS Plaintiff :CUMBERLAND COUNTY, PENNA. v. No. ~$ - 5a38 ~tvi l TerM Sanjaykumar R. Patel and Linda P. Patel, , Defendants :CIVIL ACTION -LAW Certification I hereby certify the precise last known addresses of the parties are as follows: Defendant: Sanjaykumar R. Patel Linda P. Patel 5345 Oxford Circle, Apt. 59M Mechanicsburg, PA 17055 Plaintiff: GRAYSTONE BANK 112 Market Street Harrisburg, PA 17101 Sworn to and subscribed Before me this ~ day of .~ , ~. ~.,D ary Public Solomon, Esquire Supreme Court ID # 36031 2109 Market Street Camp Hill, PA 17011 (717) 737-3405 AIDIS FL W 8 L~DSAY By: ~.., Mic el L. COMMONWEALTH OF PENNSYLVANIA Notarial Seal Yvonne Sersch, Notary Public Camp Hill Boro, Cumbertsnd County My Commission t.xptres Feb. 1, 2012 Member, Pennsylvania Association of Notaries n ~ ~y t+ cn r - - -. ' R k--s. ~.- ~ ` t rb " F' ! ; ~ Michael L. Solomon, Esquire Saidis, Flower & Lindsay 2109 Market Street Camp Hill, PA 17011 (717) 737-3405 GRAYSTONE BANK, IN THE COURT OF COMMON PLEAS Plaintiff :CUMBERLAND COUNTY, PENNA. v. No. D8 ' 5x38 ~,ivi t 7err, Sanjaykumar R. Patel and . Linda P. Patel, . Defendants :CIVIL ACTION -LAW NOTICE PURSUANT TO 42 Pa.C.S. ~ 2737.1 Please take notice that the Plaintiff in this matter has entered judgment by confession against you in the amount of $16,689.50. You are entitled to a petition to "strike" or "open" the judgment. In order to do so, you must promptly file a petition with the Court of Common Pleas of Cumberland County, Pennsylvania, as required by Rule 2959 of the Pennsylvania Rules of Civil Procedure. Any such petition can be filed with the clerk or Prothonotary at the courthouse in Carlisle, Cumberland County, Pennsylvania. A petition is a formal statement of your basis for challenging the judgment. You must include the names of the parties at the top of the first page and the case number, which is shown above. The petition must state your reasons for challenging the judgment in separate numbered paragraphs. You have to sign the petition and include a sworn statement at the end of the document verifying that the facts you state in the petition are true and accurate. You will waive any defense and objections not included I your petition to strike or open. You must therefore make every effort to raise all possible issues and defenses in your petition to strike or open in order to avoid waiving any claims. If you elect to file a petition, you must meet the requirements of Rule 2959 of the Rules of Civil Procedure. A fully copy of Rule 2959 is attached to this Notice. You may also have to comply with local rules of procedure in effect in the county where the judgment was entered. If you do not file a petition challenging the judgment, the Plaintiff may take steps to collect on the judgment by asking the Sheriff to seize your assets. Accordingly, you should immediately seek the advice of an attorney. If you wish to discuss the matter with an attorney but do not know how to find one, you may request a referral by contacting the following agency: Cumberland County Lawyer Referral Service 32 South Bedford Street Carlisle, PA 17013 # 800-990-9108 Corporations may be unable to represent themselves in court. If the defendants include a corporation, the corporation must appear through an attorney if it intends to challenge the judgment. You may receive other papers and notices regarding the judgment. Those other papers do not negate or override this Notice. Likewise, this Notice is not intended to and does not negate any of the notices or information obtained in other papers that may be served upon you. We reiterate that you are required to act promptly if you wish to seek relief from the judgment. Under certain circumstances, you have only thirty (30) days in which to file a petition after papers are served on you. Even if the thirty (30) day rule does not apply, you must act promptly in order to protect your interest. Failing to act in a timely manner will render you unable to challenge the judgment at a later time. If you were incorrectly identified and judgment was entered against you in error you may be entitled to collect cost and reasonable attorney's fees as determined by the Court. Michael L. Solomon, Es uire Attorney for Graystone Bank ~,,_ .,. Rule 2959 Striking off or Oc~ening Judgment Pleadings Procedure. (a)(1) Relief from judgment by confession shall be sought by petition. Except as provided in subparagraph (2), all grounds for relief whether to strike off the judgment or to open judgment must be asserted in a single petition. The petition may be filed in the county in which the judgment was originally entered, in any county to which the judgment has been transferred or in any other county in which the sheriff received a writ of execution directed to the sheriff to enforce the judgment. (2) The ground that the waiver of the due process rights of notice and hearing was not voluntary, intelligent and knowing shall be raised only (i) in support of a further request for a stay of execution where the court has not stayed execution despite the timely filing of a petition for relief from the judgment and the presentation of prima facie evidence of a defense; and (ii) as provided by Rule 2958.3 or Rule 2973.3 (3) If written notice is served upon the petitioner pursuant to Rule 2956.1(c)(2) or Rule 2973.1 {c), the petition shall be filed within thirty days after such service. Unless the defendant can demonstrate that there were compelling reasons for the delay, a petition not timely filed shall be denied. (b) If the petition states prima facie grounds for relief the court shall issue a rule to show cause and may grant a stay of proceedings. After being served with a copy of the petition the plaintiff shall file an answer on or before the return day of the rule. The return day of the rule shall be fixed by the court by local rule or special order. (c) A party waives all defense and objections which are not in the petition or answer. (d) The petition and rule to show cause and the answer shall be served as provided in Rule 440. (e) The court shall dispose of the rule on petition and answer, and on any testimony, depositions, admissions and other evidence. The court for cause shown may stay proceedings on the petition insofar as it seeks to open the judgment pending deposition of the application to strike off the judgment. If the evidence is produced which in a jury trial would require the issues to be submitted to the jury the court shall open the judgment. (f) The lien of the judgment or of any levy or attachment shall be preserved while the proceedings to strike off or open the judgment are pending.. (g)(1) A judgment shall not be stricken or opened because of a creditor's failure to provide a debtor with instructions imposed by an existing statute, if any, regarding procedures to follow to strike a judgment or regarding any rights available to an incorrectly identified debtor. (2) Subdivision (g)(1) shall apply to (1) judgments entered prior to the effective date of subdivision (g) which have not been stricken or opened as of the effective date and (2) ~ ~4 ~ judgments entered on or after the effective date. Michael L. Solomon, Esquire Saidis, Flower & Lindsay 2109 Market Street Camp Hill, PA 17011 (717) 737-3405 GRAYSTONE BANK, v. Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA. . No. Sanjaykumar R. Patel and Linda P. Patel, Defendants CIVIL ACTION -LAW NOTICE UNDER RULE 2958.1 OF JUDGMENT AND EXECUTION THEREON Notice of Defendant's Ris~hts TO: Sanjaykumar R. Patel Linda P. Patel 5345 Oxford Circle, Apr. 59M Mechanicsburg, PA 17055 A judgment in the amount of $16,689.50 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 sheriff may take your money or other property to pay the judgment at any time after thirty (30) days after the date of 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 INFORMATIN ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMAITON ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Lawyer Referral Service 32 South Bedford Street Carlisle, PA 17013 # 800-990-9108 Michael L. Solomon, Esquire Saidis, Flower & Lindsay 2109 Market Street Camp Hill, PA 17011 (717) 737-3405 GRAYSTONE BANK, Plaintiff v. Sanjaykumar R. Patel and Linda P. Patel, Defendants TO: Sanjaykumar R. Patel Linda P. Patel 5345 Oxford Circle, Apt. 59M Mechanicsburg, PA 17055 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA. . No. CIVIL ACTION -LAW NOTICE Pursuant to Pa.R.C.P. 236, you are hereby notified that judgment by confession has been entered against you in the above-captioned matter. Prothonotary Date: IF YOU HAVE ANY QUESTIONS CONCERNING THIS NOTICE, PLEASE CONTACT PLAINTIFF'S COUNSEL AT THE ADDRESS AND PHONE NUMBER ABOVE. C .~ ~ L ..'J r L r~ 17 ~... f'yr'-1 _ L t <;:> j `L a ~" N _`.k ~ _ . % . -`t .:` . C~~ -+.