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HomeMy WebLinkAbout09-6117SUSQUEHANNA BANK, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 7 el Ui 7,w) JAMES S. GARDNER aka JAMES SCOTT : GARDNER, Defendant CIVIL ACTION - LAW CONFESSION OF JUDGMENT (Loan # 10003469003 - August 22, 2007) Pursuant to the authority contained in the Note, as defined in the Complaint filed in the above captioned case and evidenced by Exhibit A to said Complaint, we appear for Defendant, James S. Gardner aka James Scott Gardner, and confess judgment against him in favor of Plaintiff, Susquehanna Bank, as follows: Principal: $188,048.93 Accrued Interest: 1,619.86 Attorney's Fees (10% commission): 18,966.87 Total: $208,635.66* *along with interest accruing at the current per diem rate of $40.48 until paid in full (the "Indebtedness") McNEES WALLACE & NURICK LLC Date: September 2, 2009 By Clayto W. D idson PA Attorney D. No. 79139 McNees Wallace & Nurick LLC 100 Pine Street - P.O. Box 1166 Harrisburg, PA 17108-1166 (717) 260-1678 (Direct Fax) (717) 232-8000 (Phone) cdavidson@mwn.com Attorneys for Plaintiff, Susquehanna Bank Clayton W. Davidson PA Attorney I.D. No. 79139 McNees Wallace & Nurick LLC 100 Pine Street - P.O. Box 1166 Harrisburg, PA 17108-1166 (717) 260-1678 (Direct Fax) (717) 232-8000 (Phone) cdavidsonnmwn.com Attorneys for Plaintiff, Susquehanna Bank SUSQUEHANNA BANK, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. JAMES S. GARDNER aka JAMES SCOTT : GARDNER, Defendant CIVIL ACTION - LAW COMPLAINT FOR CONFESSION OF JUDGMENT (Loan # 10003469003 - August 22, 2007) Plaintiff, Susquehanna Bank, by and through its undersigned counsel, hereby files this Complaint for Confession of Judgment pursuant to Pa.R.C.P. No. 2951(b) and in support thereof avers the following: 1. Plaintiff, Susquehanna Bank, successor in interest by merger to Susquehanna Bank PA (the "Bank"), is a Pennsylvania banking institution doing business at 1570 Manheim Pike, Lancaster, Pennsylvania 17601. 2. Defendant, James S. Gardner aka James Scott Gardner ("Gardner"), is an adult individual last known residing at 2712 Lisburn Road, apartment 304, Camp Hill, Pennsylvania 17011. 3. On August 22, 2007, the Bank loaned Gardner the sum of $196,000.00 (the "Loan") for a business purpose as evidenced by a promissory note (the "Note") dated the same. Attached hereto as Exhibit A and incorporated herein by reference is a true and correct copy of the Note (less any applicable tax identification numbers). 4. Gardner has defaulted under the Note by failing to make the payments when due thereunder. 5. There is no right to cure any payment defaults under the Note. 6. The Bank has accelerated the entire indebtedness due and owing regarding the Loan as a result of the payment defaults by Gardner. 7. The Note, as well as applicable law, does not require the Bank to provide notice prior to accelerating the indebtedness thereunder and/or provide for any right to cure these payment defaults. 8. The Note provides that upon a default thereunder the Bank may confess judgment against Gardner for the entire principal balance due and owing thereunder along with accrued interest, late fees, any and all amounts expended or advanced by the Bank relating to collateral securing the Loan, costs of suit and an attorney's commission of 10% of the unpaid principal balance and accrued interest due and owing. 9. The total sum due and owing under the Note as of August 1, 2009 is itemized as follows: Principal: $188,048.93 Accrued Interest: 1,619.86 Attorney's Fees (10% commission): 18,966.87 Total: $208,635.66* *along with interest accruing at the current per diem rate of $40.48 until paid in full (the "Indebtedness"). 10. All conditions precedent have been satisfied to allow the Bank to confess judgment for the Indebtedness against Gardner under the Note. 11. The Bank is the holder of the Note. 12. The Note was executed and delivered in connection with a business transaction and judgment is not being entered by confession against a natural person in connection with a consumer credit transaction. 13. Judgment has not been confessed or entered under the Note in any other jurisdiction. 14. The 10% attorney's fee commission included in the confessed judgment is authorized under the Note and said percentage is being used to calculate a sum certain for purposes of confessing judgment; however, the Bank will only seek and recover its actual and reasonable attorney's fees for costs of collection in this matter. WHEREFORE, Plaintiff, Susquehanna Bank, successor in interest by merger to Susquehanna Bank PA, hereby requests this Court to enter judgment by confession against Defendant James S. Gardner aka J. Scott Gardner in the amount of $208,635.66 along with interest accruing at the per diem rate of $40.48 after August 1, 2009 until paid in full. Date: September 2, 2009 McNEES WALLACE & NURICK LLC By Cla n W. Dav' son PA Attorney I. . No. 79139 McNees Wallace & Nurick LLC 100 Pine Street - P.O. Box 1166 Harrisburg, PA 17108-1166 (717) 260-1678 (Direct Fax) (717) 232-8000 (Phone) cdavidson(a?mwn.com Attorneys for Plaintiff, Susquehanna Bank 0 ? S Susquehanna Susquehanna Bank PROMISSORY NOTE ::# <581'' £1 .<3t+*::;::. ;i s 7Ufti >6 Qak?> atE j dal[ :.,:; AA 2 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: James S. Gardner aka James Scott Gardner Lender: Manhe manna Bank PAOffice 1007 Blue Ribbon Avenue 1570 Manheim Pike Harrisburg, PA 17112-1811 Lancaster, PA 17601 Principal Amount: $196,000.00 Interest Rate: 7.750% Date of Note: August 22, 2007 PROMISE TO PAY. James S. Gardner aka James Scott Gardner ("Borrower") promises to pay to Susquehanna Bank PA ("Lender"), or order, In - lawful money of the United States of America, the principal amount of One Hundred Ninety-six Thousand & 001100 Dollars ($196,000.001, together with interest at the rate of 7.750% per annum on the unpaid principal balance from August 22, 2007, until paid in full. The interest rate may change under the terms and conditions of the "INTEREST AFTER DEFAULT" section. PAYMENT. Borrower will pay this loan in 59 regular payments of $1,622.93 each and one irregular last payment estimated at $172,869.67. Borrower's first payment is due September 22, 2007, and all subsequent payments are due on the same day of each month after that. Borrower's final payment will be due on August 22, 2012, and will be for all principal and all accrued interest not yet paid. Payments include principal and interest. 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 3651360 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; MINIMUM INTEREST CHARGE. 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. In any event, even upon full prepayment of this Note, Borrower understands that Lender is entitled to a minimum interest charge of $25.00. Other than Borrower's obligation to pay any minimum interest charge, 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 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: Susquehanna Bank PA c/o Loan Operations, P.O. Box 2000 Lititz, PA 17543-7030. LATE CHARGE. If a payment is 10 days or more late, Borrower will be charged 10.000% of the regularly scheduled payment or $20.00, 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 4.000 - percentage points. If judgment is entered in connection with this Note, interest will continue to accrue after the date of judgment at the rate in effect at the time judgment is entered. However, in no event will the interest rate exceed the maximum interest rate limitations under applicable law. DEFAULT. Each of the following shall constitute an event of default ("Event of Default") under this Note: Payment Default. Borrower fails to make any payment when due under this Note. 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. Default in Favor of Third Parties. Borrower or any Grantor defaults under any loan, extension of credit, security agreement, purchase or sales agreement, or any other agreement, in favor of any other creditor or person that may materially affect any of Borrower's property or Borrower's ability to repay this Note or perform Borrower's obligations under this Note or any of the related documents. 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. 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 (121 months, it may be cured if Borrower, after receiving written notice from Lender demanding cure of such default: {11 cures the default within fifteen (15) days; or (2) if the cure requires more than fifteen 05) 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 under 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. GOVERNING LAW. This Note will be governed by federal law applicable to Lender and, to the extent not preempted by federal law, the laws of the Commonwealth of Pennsylvania without regard to its conflicts of law provisions. This Note has been accepted by Lender in the Commonwealth 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 Lancaster County, PROMISSORY NOTE (Continued) Page 2 Loan No: 10003469003 Commonwealth of Pennsylvania. 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 a Mortgage dated 08122/2007 on real property located at 312 Walnut Street, Borough of Lemoyne, Cumberland County, Commonwealth of Pennsylvania, all the terms and conditions of which are hereby incorporated and made a part of 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. 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. 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 TO ANY COLLATERAL SECURING THIS NOTE, ALL AOUNTS EXPENDED OF SUIT, AND AN ATTORNEY'S COMMISSION OF TEN PERCENT (G%) OF THE UNPAID PRINCIPAL BALANCE AND AOCCRUED INTIE ESTOFOR 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 08 BORROWER HAS BEEN REPRESENTED BY INDEPENDENT LEGAL COUNSEL. PRIOR TO SIGNING THIS NOTE, BORROWER READ AND UNDERSTOOD ALL THE PROVISIONS OF THIS NOTE. 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) J e ar ner a es eott G d er ...,, ..o ?,... s.v.aaao. c.... ?.,... «....,....,..,,, ,... m,. aa,. N,.,. n......... DISCLOS. tE FOR CONFESSION OF JU WENT . References in the shaded area are for Lender's use only and dhas beenfomitted due tote t Ienlgth fm rations, any particular loan or item Any item above containing " Lender; Susquehanna Bank PA Declarant: James S. Gardner aka James Scott Gardner Manheim Pike Branch Office 1007 Blue Ribbon Avenue 1570 Manheim Pike Harrisburg, PA 17112-1811 Lancaster, PA 17601 DISCLOSURE FOR CONFESSION OF JUDGMENT -V\'?7( DAY OF CA S? 20 D??-, A PROMISSORY NOTE FOR $196,000.00 OBLIGATING I AM EXECUTING, THI ME TO REPAY THAT AMOUNT. PERMIT LENDER TO ENTER I UNDERSTAND THAT THE NOTE CONTAINS A DEFAULT ON THE NOTE, JUDGMENT WITHOUT ADVANCE NOTICE WOULD JUDGMENT OFFERING AGAINST ME IN COURT, AFTER G FULLY AWARE RIGHTS AN OPPORTUNITY TO DEFEND AG ING TO CONTEST THE VAL DENY F ANY JUDGMENT OR OTH RNCLAIMS THAT ENDER MAY ASSERT ANY RIGHT RIGHT ADVANCE NOTICE AND TO A HEARING LUNTARILY THESE NT TO LENDER'S INCLUDING ENTER NG JUDGMENT AGAINST ME UNDER THE NOTE, I AM K VJUDGMENTE ALLIGE ND N EXPRESSLYOAGREE AND CONSVING TO ADVANCE NOTICE OF THE ENTRY OF AGAINST ME BY CONFESSION AS PROVIDED FOR IN THE CONFESSION OF JUDGMENT PROVISION. N PERMIT I FURTHER UNDERSTAND THAT IN ADDITION TO GIVING LENDER JUDGMENT PROVISION F N THE NOTE ALSO CONTAINS LANGUAGE THAT WOULD D NOTICE OR A HEARING, THE CONFESSION OF F FULL OR PARTIAL LENDER, AFTER ENTRY JUDGMENT, INON, WITHOUT TAKING POSSESSION OFEOR NOTICE OR A HEANG, TO EXECUTE OTH RW SE SEIZ NG MY PROPERTY,,nN THE JUDGMENT BY FORECLOSING UPON, ATTACHING, LEVYING AND A PAYMENT OF THE JUDGMENT. IN EXECUTING THE NOTE, E EXECUTION BEING FULLY AWAR OF MY RIGHTS TO HE JUDGMENT, I AM KN WING L NTELLIGENTLYI AND VOLUN ARILY AFTER JUDGMENT IS ENTERED AND D BEFORE ELY ING WAIVING THESE RIGHTS, AND I EXPRESSLY FEDERAL LAW, WITHOUT GIVING ME ANYTADVANCE NTOT CE.N THE JUDGMENT IN AN MANNER PERMITTED BY APPLICABLE STATE AND C. AFTER HAVING READ AND DETERMINED WHICH OF THE FOLLOWING STATEMENTS ARE APPLICABLE, BY INITIALING EACH STATEMENT THAT APPLIES, I REPRESENT THAT: INITIALS 1. 1 WAS REPRESENTED BY MY OWN INDEPENDENT LEGAL COUNSEL IN CONNECTION WITH THE NOTE. 2. A REPRESENTATIVE OF LENDER SPECIFICALLY CALLED THE CONFESSION OF JUDGMENT PROVISION IN THE NOTE TO MY ATTENTION. D. I CERTIFY THAT MY ANNUAL INCOME EXCEEDS TH$10,000; THAT T E TIME OF S GN E BLANKS IN THIS DISCLOSURE WERE FILLED IN WHEN I INITIALED AND SIGNED IT; AND THAT I RECEIVED A COPY A 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: :,:(Seal) X " : ... . KPA1CFl\LPL\D]O.FC TR-3201 PR-5 . PA H:\5?9A,a 1997 LASER PRO l.ntlln9. V- 5.]9.o0 .00V COP,. MMl?nd Fn?nd,l 5oluriom, Ine. . 2007. A9 Right. 9..?rv,e VERIFICATION I, Robert Rahal, Senior Vice President of Susquehanna Bank, verify that I am authorized to make this verification on behalf of Susquehanna Bank, and that the facts contained in the foregoing Complaint for Confession of Judgment are true and correct to the best of my knowledge, information and belief and that the same are made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to authorities. Robert Rahal, Senior Vice President of Susquehanna Bank (?D-rw_r_„ OF 7Ht ZOpg CEP _g Pry r,r r? K 1? ,- r SUSQUEHANNA BANK, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. JAMES S. GARDNER aka JAMES SCOTT : GARDNER, Defendant CIVIL ACTION - LAW CERTIFICATE OF RESIDENCE (Loan # 10003469003 - August 22, 2007) 1, Clayton W. Davidson, certify that the address for the Defendant, James S. Gardner aka James Scott Gardner, is 2712 Lisburn Road, Apt 304, Camp Hill, PA 17011. I further certify that the address for the Plaintiff is 1570 Manheim Pike, Lancaster, Pennsylvania 17601. Date: September 2, 2009 McNEES WALLACE & NURICK LLC J - layto . Da 'dson PA Attorney I No. 79139 McNees Wallace & Nurick LLC 100 Pine Street - P.O. Box 1166 Harrisburg, PA 17108-1166 (717) 260-1678 (Direct Fax) (717) 232-8000 (Phone) cdavidson(i?mwn.com By Attorneys for Plaintiff, Susquehanna Bank RLED-CfR Of THE PROIMOI?40TARY 2009 SEP - 8 P14 3: 5 2 SUSQUEHANNA BANK, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. JAMES S. GARDNER aka JAMES SCOTT : GARDNER, Defendant CIVIL ACTION - LAW AFFIDAVIT OF NON-MILITARY SERVICE AND LAST-KNOWN ADDRESS (Loan # 10003469003 - August 22, 2007) COMMONWEALTH OF PENNSYLVANIA DALk 04V4 : SS. CIER4,=ND COUNTY The undersigned, being duly sworn according to law, deposes and says that to the best of my information and belief, Defendant James S. Gardner aka James Scott Gardner is not in the Military or Naval Service of the United States or its Allies, or otherwise within the provisions of the Service Members Civil Relief Act, f/k/a the Soldier's and Sailor's Civil Relief Act of 1940, 50 U.S.C. App. 501, et seq. James S. Gardner aka James Scott Gardner is over eighteen (18) years of age and was last known residing at 2712 Lisburn Road, Apt 304, Camp Hill, Pennsylvania 17011. Clayton . DSWORN and subscribed to before me this 3 day of September, 200 . % C OA4, OVA Notary Public My Commission Expires (SEAL) COMMONWEALTH OF PENNSYLVANIA Notarial Seal Charrnain© Y. O'Hara, Notary Public. of Hartiab n. Dwphin County i My Commission Expires Pennsylvania of Notaries ?Y 2OQ9 SEA -8 P/I 3: 52 7`LVAtv,,fit C/c# 43 Zvi P?c? a?33y Poo ALIMJ SUSQUEHANNA BANK, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. JAMES S. GARDNER aka JAMES SCOTT : GARDNER, Defendant CIVIL ACTION - LAW NOTICE OF ENTRY OF JUDGMENT (Loan # 10003469003 - August 22, 2007) TO: James S. Gardner aka James Scott Gardner 2712 Lisburn Road, Apt 304 Camp Hill, PA 17011 You are hereby notified that on September F , 2009 a judgment by confession was entered against you in the above-captioned case in favor of Susquehanna Bank, as follows: Principal: $188,048.93 Accrued Interest: 1,619.86 Attorney's Fees (10% commission): 18,966.87 Total: $208,635.66* *along with interest accruing at the current per diem rate of $40.48 until paid in full (the "Indebtedness") DATE: P THONOTAR i SUSQUEHANNA BANK In the Court of Common Pleas Plaintiff Cumberland County PA Vs ; r7 No: 2009-6117 ~ ~ '~.~ t. ~._. c~ ames S. Gardner a/k/a -;-,; . -- ,.. , ..: , J. Scott Gardner Civil Action -Law - ;~? Defendants _- ' rv ~;~,- RELEASE OF JUDGMENT LIEN _ ~~ ~~ FOR VALUE RECEIVED, and intending to be legally bo nded, Susquehanna Bank, hereby remises, releases, exonerates and discharges the following tract or parcel of land and any improvements therein or thereon from the lien above: ALL THOSE CERTAIN three (3) lots, tracts or parcels of ground, with the buildings and improvements thereon erected, situate and lying more particularly as described in Exhibit "A", attached hereto and made a part hereof. PROVIDED, always, nevertheless, that neither this Release nor anything contained herein shall in any way or at any time be or be construed to be evidence of payment, satisfaction or discharge of the debt secured by said judgment, or to affect, alter or diminish the remedies at law for recovering the principal sum and interest and other charges secured by said judgment from any person or entity who or which has not been expressly release from liability therefore. WITNESS the due execution :hereof. this / day of ~~~-~ , 2010. LIENHOLDER: SUSQUEHANNA BANK ,.. .~.. ,-~. .,. ;b. l... rf ir-l t... 'r r'1 (}•11t. '~~.. .~f1'1 (' r(•t ~r+~~~~~ t B .~. ~. Y• Robert Rahal, Senior Vice President rj ,,:~ -~-r r. :.: .;~ •f`--~'lr ref fi(i{~ ~,vr.Yni:i,1 -.:tri„ ~r~' ~ ~+~~ I~J111la..~9 Q~ ~.~ ay ~~ sl 221 Market Street New Cumberland PA Parcel number 25-25-006-319 ALL THAT CERTAIN piae a pared of land sm~ate m the Barauglt of dew Cumberland, Cumberland Cowrty, Perussyh~ania, taorc ~y botntdetl and desaYbod as follows, ~ n+it: BEGL'~VL~G at a paiaG the aaaUteast carnet of Second Alley and 1~Iatloet street; theace ncrtheasttivatdIy ~~ fry said M ~~ a disrancx of aev~elny f 70) &.et to a pouu at lead now or foanxiy of SB.lldarks Company; thclxx t23.~1) feet m ate. northn~~arardly>l pritli Markiet Street, a dugace ad't~y-#hm sad one htnub+Cdths poarii tlsmoe :outttw~ptwsrdty a~ and through the center lime of a daabk flnele dweilfitg haute kaawn as 221 and 223 Market Strec~ a disteaca of ~ (~} feet m _ldarket Strut; the p~~~8 Marlaet Street; a dnmixx of tweat~r tie aad orx-hta~tdredtlb 013.01} feet to Second Alley, BAVL\Q ?HEREON ERECTED a throe story dwrllia~ house lmoum and nnutbened as 221 Market Street, lVe~ Cnrttberlaad, pe~syh~ais, _ ...... _..... ,.... . . 700 Lisburn Road Camp Hill PA 17011 Parcel Number 13-23-0549-137 ALL THAT CERTAIN piece or pazcel of land, situate, lying and being in Lower Allen Township, Cumberland County, Pennsylvania, more particularly bounded and described as follows: _. BEGINNING at an iron pin in-the center line of the intersection of Legislative Routes 21022 and 21023 (Spur E); thence along the center line of said Legislative Route 21023 (Spur E) south 13 degrees 55 minutes east 194.98 feet to a spike at line of land now or late of Samuel F. McDonald; thence along lands now or late of Samuel F. McDonald north 83 degrees 21 minutes west 140.80 feet to a point; thence north 24 degrees 06 minutes west 208.10 feet to an iron pin in center of Legislative Route 21022; thence along the center of said Legislative Route 21022, north 85 degrees 02 minutes east 178.62 feet to the place of BEGINNING. __: -.: ..: ... , .r~d:K;:i S4rti, d {~Ib~il(iGC 1>! 'C~bti!a p7~+1 }~ ',, ~+~..,..n. ~~:.-;..r .c -.. .. HAVING THEREON ERECTED a stone apartment building being known and numbered as 700 Lisburn Road, Camp Hill, Pennsylvania. 2602 Market Street Camp Hill PA 17011 Parcel Number 01-21-0271-0326 2602 Market Street, Camp Hill: ALL THAT CERTAIN tract of land.wffh the buildings thereon erected situate in the Borough of Camp Hill, 'County of Cumberland, and Commonwealth of Pennsylvania, more. partlcutarly bounded and described as follows, to wit: BEGINNING at a point at the northwest corner of Market Street and North Twenty-Sbcth Street; thence In a northerly direction and along the western line of North Twenty-5bcth Street, a distance of orie hundred seventy- frve (175} feet to a fifteen (15j foot alley, thence in a westerly direction along the southern line of said fifteen (i5) foot alley, one hundred ninety~ight and sbc tenths (198.60) feet to the western line of Lot No. 1, Section A, of the hereinafter mentioned Pian of Lots; thence in a southerly direction along the western line of said Lot No..1, Section A aforesaid, a distance of one hundred seventy-four and four-tenths (174.4) feet to a point on the northern line of Market Streei; thence in a easterty direction along the northern line of Market Street, two hundred five feet (205) to a point, the point and place of BEGINNING. HAVING thereon erected a two and one-half (2'~) story stone dwelling imown and numbered as'2602 Market Street, Camp Hill, Pennsylvania. ...~., .~.,...,.......i.i~u..~.~.-.. ,..,..1 il).~1(i.ilea.lU:L.#kllili.;-1.II:aiG~:iialil~..l.~..~:a ~,:.i:i~ L EXHIBIT A ---~ .-•, ,•,~, ,... t~i Y .:.,... #.tt## 1'-i t~41'{ 1 ~'->•~'l:!'E t~#f ilA#14't'~ 1##~-I #-471 ~~1 }-##_~~!r SUSQUEHANNA BANK, Plaintiff v. JAMES S. GARDNER a/kla JAMES SCOTT GARDNER, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL~ ANIA O CIVIL ACTION -LAW ~ • ~ ~~ ~ NO. 06117 ~ ~ z ~ 0 ~ 3 ~ !C CAD RELEASE OF REALTY FROM LIEN OF JUDGMENT Z'~ ,;;_ ..~ w FOR VALUE RECEIVED, the undersigned SUSQUEHANNA BANK, Plaintiff, has remised, released, quitclaimed, exonerated and discharged, and by these presents does hereby remise, release, quitclaim, exonerate and dischazge, unto MID PENN BANK, its respective successors and assigns, that certain premises described as follows: ALL THAT CERTAIN parcel or tract of land with the improvements erected thereon, situate in the Borough of Lemoyne, Cumberland County, Pennsylvania, said lot being bounded and described as set forth in Exhibit "A" attached hereto; ALL THAT CERTAIN parcel or tract of land with the improvements erected thereon, situate in the Borough of Lemoyne, Cumberland County, Pennsylvania, said lot being bounded and described as set forth in Exhibit "B" attached hereto; ALL THAT CERTAIN Unit in the properly known and indentified in the Declaration referred to below as "Cedaz Place Condominium," located in the Township of Lower Allen, Cumberland County, Pennsylvania, said lot being bounded and described as set forth in Exhibit "C" attached hereto. TO HOLD THE SAME, with the appurtenances, unto Mid Penn Bank, its respective successors and assigns, forever. freed, exonerated and dischazged of and from the lien of the Judgment and every party thereof. Provided, however, that nothing herein contained shall in any manner affect, alter or diminish the duration, effect, lien or encumbrance of the above-described 0 -.t -~ rn -vim ~~ _~ O~ --1~ --c ~p;oa d ~y S'~-oKt r' L~ ~~t~ ~k~3~`~y ie~'~~y~sz Judgment on any other property of Defendant or the remedies at law for recovering the remainder of the principal sum, with interest, due on the Judgment. It is the intention of the Plaintiff to be legally bound by this instrument. IN WITNESS WHEREOF, the said Plaintiff has caused this Release to be executed, its corporate seal to be hereunto affixed, and the same to be duly executed this ~ day /~1~~/ , 2010, intending to be legally bound hereby. ATTEST: SUSQUEHANNA BANK BY: ~~~ l/~ 1 ~ COMMONWEALTH OF PENNSYLVANIA. SS. couNTY OF ~ ~ U PN ~~ . On this, the 9TiS/ day of U~~ , 2010, before me, a notary public, the unde/rsigned offs r, in and for the Commonwealth of Pennsylvania, personally appeared ~o.6,u'~ t. ~~ who acknowledged him/herself to be the ~~~. / ~ t ,~~,~,~ of ~us u e a ~ ~ and that he/she, as such officer, being duly authorized to do so, execute the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. ~~~. ~~ Notary Public My commission expires: ~`~y /s~ Z~/z CD1VA40NWF.AL'i3i 8F PENNSYLVANIA NOTARIAL SEAL Scott D. Washinger, Notary Publio Steelton Borough, Dauphin Couaty M commission ex fires lul 14 2012 Exhibit A BEGINNING at a point on the Southern line of Hummel Avenue at the distance of 40 feet westward{y, measured from the south-west comer of Hummel Avenue and Eighth Street formerly Black-beny Alley; thence in southerly direction, along the western line of Lot No. 12 Block "E" on the plan of lots hereinafter mentioned, 150 feet to a point on the northern line of Peach Alley; thence in a westerly direction, along the northem line of said Peach Alley, 17'/2 feet, more or less, to a point; thence in a northerly direction, along a line running through the center of the partition wall of the double house erected in part on said Lot, 150 feet to a paint on the Southem line of Hummei Avenue; thence in an easterly direction along the Southern line of Hummei Avenue, 17 '/2 feet, more or less, to a point, the Place of the BEGINNING. Exhibit B ALL THAT CERTAIN tract or parcel of land and premises, situate, lying and being in the Borough of Lemoyne, County of Cumberland, Commonwealth of Pennsylvania, more particularly bounded and described in accordance with a survey and plan thereof made by Ernest J. Walker, Professional Engineer, dated July 25, 1964, as follows to wit: BEGINNING at a point on the northwest side of Hummel Avenue, said point being 69.2 feet southwest of a concrete monument at the corner of Hummel Avenue and Ninth Street; thence extending along Hummel Avenue, South 54 degrees West, 32.00 feet to a point, thence extending through Lot No. 39 on the hereinafter mentioned Plan of Lots, North 86 degrees West, 150.00 feet to a point on the southeast side of a 15-feet-wide alley; thence along said alley, North 54 degrees East, 32.00 feet to a point, thence extending through Lot No. 38 on said plan and passing through the center of a party wall, South 36 degrees East, one hundred fifty (150) feet to the point and place of BEGINNING. BEING 17 feet of Lot No. 38 and 15 feet of Lot No. 39, Block F, on the Plan of Lots known as "Plan No. 1 of Riverton", which plan is recorded in the Office of the Recorder of Deeds of Cumberland County, Pennsylvania in Deed Book J, Volume 4, Page 40. HAVING thereon erected a two and one-half story brick dwelling known as 909 Hummel Avenue. Tax Parcel #12-22-0824-037. Exhibit C ALL THAT CERTAfN Unit in the property known and indentifed in the Declaration referred to below as "Cedar Place Condominium", located in the Township. of Lower Allen, County of Cumberland, Commonwealth of Pennsylvania, which has heretofore been submitted to the provision of the Pennsylvania Uniform Condominium Act, 68 Pa.C.S. 3101 et s~q, by the recording in the Office of the Recorder of Deeds, in and far Cumberland County, a Declaration dated May 20, 1997 and recorded June 2, 1997 in Miscellaneous Book 548, Page 1048, being and designated in such Declaration, as Unit 307 as more fully described in such Declaration, together with a proportionate undivided interest in the Common Elements (as defined in such Declaration, as amended) of 3.2%. Clayton W. Davidson I.D. No. 79139 McNees Wallace & Nurick LLC 100 Pine Street P.O. Box 1166 Harrisburg, PA 17108-1166 (717) 260-1678 (Direct Fax) (717) 232-8000 (Phone) cdavidson(&mwn.com SUSQUEHANNA BANK, Plaintiff v. -OFFICE _ FILED F EIH EE P-0TI1O14 0"A 2010 DEC ZS Ali 11; L ` UMBERLAND COU,`4 PENNSYLVA HIILt, Attorneys for Plaintiff Susquehanna Bank : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : NO. 09-6117 (Civil Term) JAMES S. GARDNER aka JAMES SCOTT : GARDNER, Defendant CIVIL ACTION -LAW PRAECIPE TO SATISFY JUDGMENT AND DISCONTINUE ACTION TO: THE PROTHONOTARY OF DAUPHIN COUNTY Please satisfy the judgment and thereafter discontinue the action. o, 2010 Date: Decemberd McNEES WALLACE & NURICK LLC By Clayton W. D idson PA I.D. No 9139 100 Pine Street P.O. Box 1166 Harrisburg, PA 17108-1166 (717) 260-1678 (Direct Fax) (717) 232-8000 (Phone) cdavidsongmwn.com Attorneys for Plaintiff Susquehanna Bank CERTIFICATE OF SERVICE I certify that I have this date served a copy of the foregoing Praecipe to Satisfy Judgment and Discontinue Action on the following: James S. Gardner aka J. Scott Gardner 2712 Lisburn Road, Apt. 304 Camp Hill, PA 17011 Dated: December .) ?, 2010