HomeMy WebLinkAbout09-3218i
ORRSTOWN BANK,
Plaintiff
V.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 2009- 3.)- ? CIVIL TERM
RICHARD C. THOMAS
and KIM B. THOMAS,
Defendants
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 defendants as follows:
Principal $11,605.83
Interest to 05/12/09 $ 340.27
(per diem $2.74)
Attorney Fees $ 1,160.58
(10% of the
principal debt)
Late charges $ 150.00
Other charges 232.11
TOTAL: $13,488.79
David A. Baric, Esquire
Attorney for Orrstown Bank
0 -'
VERIFICATION
I verify that the statements made in the foregoing Confession Of Judgment are true and
correct to the best of my knowledge, information and belief. This verification is signed by David
A. Baric, Esquire, Attorney for Plaintiff and is based upon the statements provided by Plaintiff,
as well as documents reviewed by the undersigned as attorney for Plaintiff. This verification will
be substituted and ratified by a verification signed by the Plaintiff who is presently unavailable to
sign said verification. I undersigned that false statements herein are made subject to penalties of
18 Pa.C.S. §4904, relating to unworn falsifications to authorities.
David A. Baric, Esquire
Dated: IN ?? ??
CERTIFICATE OF SERVICE
I hereby certify that on May aO , 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:
Richard C. Thomas
Kim B. Thomas
155 Ken Lin Drive
Carlisle, Pennsylvania 17015
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David A. Baric, Esquire
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ORRSTOWN BANK, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V. NO. 2009- ?-- (? CIVIL TERM
RICHARD C. THOMAS
and KIM B. THOMAS,
Defendants
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.
RICHARD C. THOMAS
and KIM B. THOMAS,
Defendants
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 2009- 5oi 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. Defendants, Richard C. Thomas and Kim B. Thomas are an adult individuals with
a last known address of 155 Ken Lin Drive, Carlisle, Cumberland County, Pennsylvania 17015.
3. On or about August 4, 2005, Defendants, 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. By confession against natural persons in connection with a consumer transaction.
5. Defendant's have failed to make payments pursuant to the Note for February,
2009 and every month thereafter.
6. Judgment has not been entered on the Note in this jurisdiction previously.
7. The amount due and owing is calculated as follows:
Principal $11,605.83
Interest to 05/12/09 $ 340.27
(per diem $2.74)
Attorney Fees $ 1,160.58
(10% of the
principal debt)
Late charges $ 150.00
Other charges 232.11
TOTAL: $13,488.79
8. 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
$13,488.79 plus costs and expenses, attorney fees and interest accruing to the date of payment.
Respectfully submitted,
BAIUC SC 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/thomas/complaintinconfession.pld
VERIFICATION
I verify that the statements made in the foregoing Complaint In Confession Of Judgment
are true and correct to the best of my knowledge, information and belief. This verification is
signed by David A. Baric, Esquire, Attorney for Plaintiff and is based upon the statements
provided by Plaintiff, as well as documents reviewed by the undersigned as attorney for Plaintiff.
This verification will be substituted and ratified by a verification signed by the Plaintiff who is
presently unavailable to sign said verification. I undersigned that false statements herein are
made subject to penalties of 18 Pa.C.S. §4904, relating to unsworn falsification authorities.
Dated:
David A. Baric, Esquire
rr t> F,iit f f<J $ Ivl4turity LW NO
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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: RICHARD C THOMAS (SSN: 180-58-9991) Lender: ORRSTOWN BANK
KIM B THOMAS (SSN: 179-44-8170) SILVER SPRING OFFICE
155 KEN LIN DRIVE PO BOX 250
CARLISLE, PA 17013 SHIPPENSBURG, PA 17257
Principal Amount: $31,700.00 Interest Rate: 8.500% Date of Note: August 4, 2005
Maturity Date: August 10, 2010
PROMISE TO PAY. RICHARD C THOMAS and KIM B THOMAS ("Borrower") jointly and severally promise to pay to ORRSTOWN BANK
("Lender"), or order, in lawful money of the United States of America, the principal amount of Thirty-one Thousand Seven Hundred & 00/100
Dollars ($31,700.00), together with interest at the rate of 8.500% per annum on the unpaid principal balance from August 4, 2005, until paid in
full.
PAYMENT. Borrower will pay this loan in full immediately upon Lender's demand. If no demand is made, Borrower will pay this loan in 60
payments of $653.19 each payment. Borrower's first payment is due September 10, 2005, and all subsequent payments are due on the same
day of each month after that. Borrower will continue to make payments on this loan until this Note is paid in full or until Lender makes demand
for payment in full, whichever occurs first. 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.
PREPAYMENT PENALTY. 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 per. 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 interest rate on this Note 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 existing
interest rate provided for in this Note.
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
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.
EXHIBIT "A"
• PROMISSORY NOTE •
(Continued) Page 2
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 (15) days; or (2) if the cure requires more than fifteen (15)
days, immediately initiates steps which Lender deems in Lender's sole discretion to be sufficient to cure the default and thereafter
continues and completes all reasonable and necessary steps sufficient to produce compliance as 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.
COLLATERAL. Borrower acknowledges this Note is secured by the following collateral described in the security instrument listed herein:
inventory, chattel paper, accounts, equipment and general intangibles described in a Commercial Security Agreement dated August 4, 2005.
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 Security Agreement and in the Agreement to Provide Insurance, all the terms and
conditions of which are hereby incorporated and made a part of this Note.
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, SILVER SPRING OFFICE, PO 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. 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; (b) alter, compromise, renew,
extend, accelerate, or otherwise change one or more times the time for payment or other terms of any indebtedness, including increases and
decreases of the rate of interest on the indebtedness; (c) exchange, enforce, waive, subordinate, fail or decide not to perfect, and release any
security, with or without the substitution of new collateral; (d) apply such security and direct the order or manner of sale thereof, including
without limitation, any non-judicial sale permitted by the terms of the controlling security agreements, as Lender in its discretion may determine;
(e) release, substitute, agree not to sue, or deal with any one or more 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, 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
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 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. The lien arising from any judgment confessed or entered pursuant to the foregoing
authority shall not extend to any of Borrower's residential real property as that term is defined in the Pennsylvania Act of January 30, 1974 (Pa.
Laws 13, No. 6), referred to as the Loan Interest and Protection Law, as amended, and the holder of any judgment confessed or entered
pursuant to the forgoing authority shall not, in enforcement of any such judgment, execute, levy or otherwise proceed against any such
r
+ . PROMISSORY NOTE •
(Continued) Page 3
residential real property; provided, however, that the lien of such judgment shall extend to such residential real property and that the holder
thereof shall be permitted to execute, levy or proceed against such residential real property from and after the entry of a judgment as
contemplated by Section 407 of such Loan Interest and Protection Law and Rules 2981 to 2986 of the Pennsylvania Rules of Civil Procedure, or
successor or similar statutes and rules. No limitation of lien or any execution, levy or other enforcement contained in the immediately preceding
sentence shall apply with respect to any judgment obtained other than by the foregoing authority to confess or enter judgment.
PRIOR TO SIGNING THIS NOTE, EACH BORROWER READ AND UNDERSTOOD ALL THE PROVISIONS OF THIS NOTE. 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.
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ORRSTOWN BANK,
Plaintiff
V.
RICHARD C. THOMAS
and KIM B. THOMAS,
Defendants
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 2009- 3 )- 1'' 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.
O N, BARI S
David A. Baric, Esquire
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ORRSTOWN BANK, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V. NO. 2009- 3 D I ?' CIVIL TERM
RICHARD C. THOMAS
and KIM B. THOMAS,
Defendants
NOTICE UNDER RULE 2958.2
OF JUDGMENT AND EXECUTION THEREON
TO: Richard C. Thomas
Kim B. Thomas
155 Ken Lin Drive
Carlisle, Pennsylvania 17015
A judgment in the amount of $13,488.79 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 sheriffs 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
FILED- - '
2 0 0 9 fl'AtY 20 Fi 1 2: '5, 1
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ORRSTOWN BANK,
Plaintiff
V.
RICHARD C. THOMAS
and KIM B. THOMAS,
Defendants
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 2009- 3 ??- (? CIVIL TERM
AFFIDAVIT OF ADDRESS
I, David A. Baric, Esquire, do hereby affirm that the last known address of the
Defendants, Richard C. Thomas and Kim B. Thomas is 155 Ken Lin Drive, Carlisle, Cumberland
County, Pennsylvania 17015 and that the Defendants are the owners of the mortgaged property.
O'BRIEN, BARIC & SC R
David A. Baric, Esquire
SWORN TO AND
SUBSCRIBED BEFORE
ME THIS A7 *DAY OF 92009.
?10 ?'(?
6 No P lc U (j
COMMONWEALTH OF PENNSYLVANIA
Notarial Seal
Jennifer S. Lindsay, Notary Public
Carlisle Bore. Cumberland County
W Commission Expires Nov. 29, 2011
Member, Pennsylvania Association of Notaries
FILED
??09 HA r p
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16f1?..,
ORRSTOWN BANK,
Plaintiff
V.
RICHARD C. THOMAS
and KIM B. THOMAS,
Defendants
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 2009- 3 1`?' 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, Richard C. Thomas, is more than 21 years of age and has a current
address of 155 Ken Lin Drive, Carlisle, Cumberland County, Pennsylvania 17015.
3. The Defendant, Kim B. Thomas, is more than 21 years of age and has a current
address of 155 Ken Lin Drive, Carlisle, Cumberland County, Pennsylvania 17015.
4. He has ascertained the above information by personal investigation and makes this
Affidavit with due authority.
` r
1
David A. Baric, Esquire
Sworn to and subscribed before me
this A04h day of 04 , 2009.
COMMONWEALTH OF PENNSYLVANIA
L Notarial Seal
Jennifer S. Lindsay, Notary Public
Cadisle Boro, Cumberland County
My Comnslssion Expir Expires Nov. 29, 2011
Member, Pennsvivs;,,,1 `-.?nton of Notaries
7-009 MAY 20 PH 2. '150
Caw,' ?_.: _. '•? ???
ORRSTOWN BANK,
Plaintiff
V.
RICHARD C. THOMAS
and KIM B. THOMAS,
Defendants
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 2009- 3 )- ( ?- CIVIL TERM
NOTICE OF JUDGMENT PURSUANT TO Pa.R.C.P. 236
TO: Richard C. Thomas
155 Ken Lin Drive
Carlisle, Pennsylvania 17015
Notice is hereby given to you of entry of a judgment against you in the above matter.
Prothonotary
Date: °? 4 aQOy
ORRSTOWN BANK,
Plaintiff
V.
RICHARD C. THOMAS
and KIM B. THOMAS,
Defendants
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 2009- 3,) ( ?--- CIVIL TERM
NOTICE OF JUDGMENT PURSUANT TO Pa.R.C.P. 236
TO: Kim B. Thomas
155 Ken Lin Drive
Carlisle, Pennsylvania 17015
Notice is hereby given to you of entry of a judgment against you in the above matter.
C ? '/??- 0&
Prothonotary 1191
Date: )- )-d , )-001
ORRSTOWN BANK,
Plaintiff
V.
RICHARD C. THOMAS
and KIM B. THOMAS,
Defendants
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 2009- 3218 CIVIL TERM
PRAECIPE TO ATTACH SUBSTITUTE VERIFICATION
Please attach the following Substitute Verification to the Confession Of Judgment filed in
this matter on May 20, 2009.
Date: May 26, 2009
Respectfully submitted,
O'BRIEN, BARIC & SC R
David A. Baric, Esquire
I.D. #44853
19 West South Street
Carlisle, Pennsylvania 17013
(717) 249-6873
VERIFICATION
I, Linda Mowen, verify that the statements made in the foregoing Confession Of Judgment
are true and correct to the best of my knowledge, information and belief.
I hereby ratify the verification previously supplied by my attorney, David A. Baric, Esquire
and execute this verification as a substituted verification.
I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.
§4904 relating to unsworn falsifications to authorities.
Linda K. Mowen
Assistant Vice President
Loan Workout & Collection Manager
Orrstown Bank
FILED-OFF
ICE
OF THE PRROTH NOTARY
2009 JUN -4 PM 2: 26
CLIMB I , x',' D )LINTY
PENNSIMMA
ORRSTOWN BANK,
Plaintiff
V.
RICHARD C. THOMAS
and KIM B. THOMAS,
Defendants
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 2009- 3218 CIVIL TERM
PRAECIPE TO ATTACH SUBSTITUTE VERIFICATION
Please attach the following Substitute Verification to the Complaint In Confession Of
Judgment filed in this matter on May 20, 2009.
Respectfully submitted,
O'BRIEN, BARIC & SCHERER
David A. Baric, Esquire
Date: May 26, 2009 I.D. #44853
19 West South Street
Carlisle, Pennsylvania 17013
(717) 249-6873
A, •
VERIFICATION
I, Linda Mowen, verify that the statements made in the foregoing Complaint In Confession
Of Judgment are true and correct to the best of my knowledge, information and belief.
I hereby ratify the verification previously supplied by my attorney, David A. Baric, Esquire
and execute this verification as a substituted verification.
I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.
§4904 relating to unsworn falsifications to
Assistant Vice President
Loan Workout & Collection Manager
Orrstown Bank
Linda K. Mowen
RLEU PICE
OF THE PPOTHI14TAPY
2W9 JUN -4 PM 2: 26
ClMB&dI -, LLi "OUIINTY
PENASYLVAMA,
Sheriffs Office of Cumberland County
R Thomas Kline
Sheri
Ronny R Anderson
Chief Deputy
Jody S Smith
Civil Process Sergeant
Edward L Schorpp
Solicitor
r
OFPCE OF S"ERIFF
r?C TI_F
Orrstown Bank
vs.
Richard C. Thomas
ry^C{
ri 13 Isi t iv' (,t v
r,
Case Number
2009-3218
SHERIFF'S RETURN OF SERVICE
05/28/2009 08:25 PM - William Cline, Deputy Sheriff, who being duly sworn according to law, states that on May 26,
2009 at 1725 hours, he was unable to serve a true copy of the within Complaint and Notice and
Confession of Judgement/ Notice Under Rule 2958.2, upon the within named defendant, to wit: Kim B.
Thomas. After several attempts the tenants of 155 Ken Lin Drive Carlisle, Cumberland County,
Pennsylvania 17013 will not answer the door.
05/29/2009 12:50 PM - Bryan Ward, Sergeant, who being duly sworn according to law, states that on May 29, 2009 at
1250 hours, he served a true copy of the within Complaint and Notice and Confession of Judgement/
Notice Under Rule 2958.2, upon the within named defendant, to wit: Richard C. Thomas, by making
known unto himself personally, defendant at 1 Courthouse Square, Room 303 Carlisle, Cumberland
County PA 17013 its contents and at the same time handing to him personally the said true and correct
copy of the same.
06/03/2009 R. Thomas Kline, Sheriff who being duly sworn according to law states that he made a diligent search and
inquiry for the within named defendant, to wit: Kim B. Thomas, but was unable to locate her in his
bailiwick. He therefore deputized the Sheriff of Dauphin County, PA to serve the within Complaint and
Notice and Confession of Judgement/ Notice Under Rule 2958.2 according to law.
06/16/2009 Dauphin County Return: And now, June 16, 2009 I, Jack Lotwick, Sheriff of Dauphin County,
Pennsylvania, do hereby certify and return, that I made diligent search and inquiry for Kim B. Thomas the
defendant named in the within Complaint in Confession of Judgment and that I am unable to find her in
the County of Dauphin and therefore return same NOT FOUND.
SHERIFF COST: $66.94
July 07, 2009
SO ANSWERS,
??? &
R'THOMAS INE, SHERIFF
Deputy Sheriff
i
eputy (-T eriff
(Pillice the ?Shcrrff
Mary Jane der
Spu;
Real Estate Den
William T. Tully
Solicitor
Dauphin County
Harrisburg, Pennsylvania 17101
ph: (717) 780-6590 fax: (717) 255-2889
Commonwealth of Pennsylvania
County of Dauphin
Charles E. Sheaffer
Chief Deputy
Michael W. Rinehart
Assistant Chief Deputy
Jack Lotwick
Sheriff
ORRSTOWN BANK
VS
KIM B THOMAS
Sheriffs Return
No. 2009-T-1679
OTHER COUNTY NO. 20093218
I, Jack Lotwick, Sheriff of the County of Dauphin, State of Pennsylvania, do hereby certify and return,
that I made diligent search and inquiry for KIM B THOMAS the DEFENDANT named in the within
COMPLAINT IN CONFESSION OF JUDGEMENT and that I am unable to find him/her in the County of
Dauphin, and therefore return same NOT FOUND, JUNE 16, 2009.
DUE TO THE FEW DAYS WE WERE GIVEN TO SERVE THIS WE ONLY WERE ABLE TO MAKE
ONE ATTEMPT; PAPERS EXPIRED
Sworn and subscribed to So Answers,!
before me this 1 ST day of July, 2009
NOTARIAL SEAL
ARY JANE SNYDER, Notary Publi
Highspire, Dauphin County
S MY Expires Sept 1 2010
Sheriff of Dauphin County, Pa.
By
Deputy Sheriff
Deputy: S SCHAEFFER
Sheriffs Costs: $47.25 6/15/2009
ORRSTOWN BANK, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
v. CIVIL ACTION -LAW
RICHARD C. THOMAS
and KIM B. THOMAS,
Defendants N0.09-3218 CIVIL TERM
ORDER OF COURT
AND NOW, this 21St day of July, 2007, upon consideration of the Motion of
Plaintiff for Order of Special Service, it is ordered and directed that service of the
complaint upon Kim B. Thomas may be made by regular and certified mail at 155 Ken
Lin Drive, Carlisle, Pennsylvania 17015, service to be deemed complete upon mailing,
and publication once in the Cumberland County Law Journal and once in a newspaper of
general circulation in Cumberland County, Pennsylvania.
FOLLOWING SERVICE of original process in the manner prescribed above,
service of subsequent papers may be made by regular mail to Defendant's said last
known address.
BY THE COURT,
David A. Baric, Esq.
19 West South Street
Carlisle, PA 17013
Attorney for Plaintiff
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ORRSTOWN BANK,
Plaintiff
v.
RICHARD C. THOMAS
and KIM B. THOMAS,
Defendants
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO.2009- 3218 CIVIL TERM
PROOF OF SERVICE
I, David A. Baric, Esquire, attorney for the Plaintiff in the above-captioned action, do
hereby certify that I served copies of the Complaint In Confession Of Judgment and Confession
Of Judgment upon the Defendant, Kim B. Thomas, as per the attached U.S. Postal Service
Certified Mail, return receipt card an U. .Postal Service ificate of ai ' g.
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DATE: August 11, 2009
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