HomeMy WebLinkAbout09-2427
ORRSTOWN BANK,
Plaintiff
V.
MARCIA FETTERS POTTS,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 2009- y?-7 CIVIL TERM
CONFESSION OF JUDGMENT
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 plaintiff and confess
judgment in favor of the plaintiff and against defendant as follows:
Principal $74,745.21
Interest to 03/30/09 $ 2,644.47
(per diem $16.61)
Attorney Fees $ 7,474.52
(10% of the
principal debt)
Late charges $ 200.00
Other charges 4,764.95
TOTAL: $89,830.15
Z'- /"' 1,
David A. Baric, Esquire
Attorney for Orrstown Bank
..0
CERTIFICATE OF SERVICE
I hereby certify that on April 1,5 , 2009, I, David A. Baric, Esquire of O'Brien, Baric &
Scherer, did serve a copy of the Confession Of 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 vania 17324
' i
David A. Baric, Esquire
ORRSTOWN BANK, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V. NO. 2009- ?,y)-7 CIVIL TERM
MARCIA FETTERS POTTS,
Defendant
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. 2009- lq )--7 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 been entered on the Note in this jurisdiction previously. The
Defendant reinstated the underlying mortgage and Plaintiff agreed to release the prior judgment
upon the reinstatement.
8. Defendant has defaulted under the terms of the Note by failing to make the
required monthly payments for November, 2008 and every month thereafter.
9. The amount due and owing is calculated as follows:
Principal $74,745.21
Interest to 03/30/09 $ 2,644.47
(per diem $16.61)
Attorney Fees $ 7,474.52
(10% of the
principal debt)
Late charges $ 200.00
Other charges $ 4,765.95
TOTAL: $89,830.15
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
$89,830.15 plus costs and expenses, attorney fees and interest accruing to the date of payment.
Respectfully submitted,
O' EN, BA & SCH R
David A. Baric, Esquire
I.D. 44853
19 West South Street
Carlisle, Pennsylvania 17013
(717) 249-6873
Attorney for Orrstown Bank
dab.dir/orrstownbank/potts/complaintinconfession.pld
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 I 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
DATE:
falsifications to authorities.
Assistant Vice President
Loan Workout and Collection Manager
Orrstown Bank
PROMISSORY NOTE
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References in the shaded area are for Lender's use only and Jo 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 (SSN: 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 & 00/100 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.
Lender may designate nate in writing.
Borrower will pay Lender at Lender's address shown above or at such other place as Len y g
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 (the "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 ail 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
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
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 (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 ?N 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 (Seal)
Marcia A Fetters
LASER PRO Lending. V11. 5.24.10.002 Cop. Hxlmd Fin-W SoWthi- Inc. 1992, 2009. All Rights Reword. - PA O:\CFI\LPL\02O.FC TR-9664 PR-1
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20 C, 9 A F R 17 9: 32
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Ct-66 /
ORRSTOWN BANK, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V. NO. 2009- 5,4 S-7 CIVIL TERM
MARCIA FETTERS POTTS,
Defendant
AFFIDAVIT OF ADDRESS
I, David A. Baric, Esquire, do hereby affirm that the last known address of the Defendant,
Marcia Fetters Potts is 345 Peach Glen Road, Gardners, Cumberland County, Pennsylvania
17324 and that the Defendant is the owner of the mortgaged property.
O'BRIEN, BARIC & S ERER
David A. Baric, Esquire
SWORN TO AND
SUBSCRIBED BEFORE
ME THIS /,50ADAY OF APRIL, 2009.
of P 1 c
COMMONWEALTH OF PENNSYLVANIA
lick, r1N Saul
Jennifer S. UxMy. NoWy PubNc
CwMW Sono. CumberMW County
My Col..,ja n Expkn Nov. 29, 2011
Member, Pen ie Asaodetion of Notaries
OF T?tr Girt rr t ?/
CJF" t! i? r `1 -A'n t4P
2009 APR 17 A 9: 32
cu !?Y
ORRSTOWN BANK, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V. NO. 2009- CIVIL TERM
MARCIA FETTERS POTTS,
Defendant
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.
O N, BARI & SCHE
J
j?
David A. Baric, Esquire
-?F i ?r
k'?y
2619 APR 17 f cl; 3 2
? r
ORRSTOWN BANK,
Plaintiff
V.
MARCIA FETTERS POTTS,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 2009- ?-- 1 CIVIL TERM
AFFIDAVIT OF NON-MILITARY SERVICE
COMMONWEALTH OF PENNSYLVANIA
: ss.
COUNTY OF CUMBERLAND :
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.
David A. Baric, Esquire "
Sworn to and subscribed before me
this /& 1 day of OW
COMMONWEALTH OF PENNSYLVAoi:
Nofadal Seel
Jennifer S. LinMay, Notary Public
Caftle Boro, CWnbwbW County
j
My Commission Nov. 29, 201 1
Member, Penns" Assodatlon of Notaries
12009.
4P8? f.
,r
ORRSTOWN BANK,
Plaintiff
V.
MARCIA FETTERS POTTS,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 2009- 24 2-7 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 $89,830.15 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. Baric, 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. 2009- )- `P )- 7 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.
Pr o
Date: 9LA / 7 ,260 q
Sheriffs Office of Cumberland County
R Thomas Kline 4at1` "` Solicitor
Sheri Ronny R Anderson
Jody S Smith
Chief Deputy 0FRCE' t! THE $-SPIV` Civil Process Sergeant
SHERIFF'S RETURN OF SERVICE
05/05/2009 06:20 PM - Dennis Fry, Deputy Sheriff, who being duly sworn according to law, states that on May 5, 2009
at 1820 hours, he served a true copy of the within Complaint in confession of judgement, upon the within
named defendant, to wit: Marcia Fetters Potts, by making known unto herself personally, defendant
served at 1452 Holly Pike Carlisle, Cumberland County, Pennsylvania 17013 its contents and at the same
time handing to her personally the said true and correct copy of the same.
SHERIFF COST: $37.42 SO ANSWERS,
May 06, 2009 R THOMAS KLINE, SHERIFF
2009-2427
Orrstown Bank
VS
Marcia Fetters Potts
By r 7-0,
Deputy heriff
0 N
j 7
-
kc