HomeMy WebLinkAbout09-6122SUSQUEHANNA BANK, IN THE COURT OF COMMON PLEAS
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V. NO. Dy'_ 4/4;k-
JAMES S. GARDNER aka JAMES SCOTT :
GARDNER,
Defendant
CIVIL ACTION - LAW
CONFESSION OF JUDGMENT
(Loan # 10004725577 - May 9, 2008)
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: $190,147.92
Accrued Interest: 7,543.30
Late Fees: 905.34
Other Charges/Fees: 100.00
Attorney's Fees (10% commission): 19,769.12
Total: $218,465.68*
*along with interest accruing at the current per diem rate of $36.97 until paid in
full (the "Indebtedness")
McNEES WALLACE & NURICK LLC
Date: September 2, 2009 By
Clayton W. avidson
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)
cdavidson@mwn.com
Attorneys.for Plaintiff, Susquehanna Bank
FILED-O FACE
OF THE PPO? '0lNOTARY
2009 SEP -8 PM 3: 54
PEN NSMYNN,:tti
K
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)
cdavidsonAmwn.com
Attorneys for Plaintiff, Susquehanna Bank
SUSQUEHANNA BANK,
Plaintiff
V.
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 6)? - &G-'
JAMES S. GARDNER aka JAMES SCOTT :
GARDNER,
Defendant
CIVIL ACTION - LAW
COMPLAINT FOR CONFESSION OF JUDGMENT
(Loan # 10004725577 - May 9, 2008)
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 May 9, 2008, the Bank loaned Gardner the sum of $192,000.00 (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: $190,147.92
Accrued Interest: 7,543.30
Late Fees: 905.34
Other Charges/Fees: 100.00
Attorney's Fees (10% commission): 19,769.12
Total: $218,465.68*
*along with interest accruing at the current per diem rate of $36.97 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 $218,465.68 along with
interest accruing at the per diem rate of $36.97 after August 1, 2009 until paid in full.
McNEES WALLACE & NURICK LLC
Date: September 2, 2009 By ( ?V' o?-?
Clayt n 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(d),mwn.com
Attorneys for Plaintiff, Susquehanna Bank
i
Susquehanna
Susquehanna Bank
PROMISSORY NOTE
..... .:::.....................
...:............. .
References in the boxes above 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: Susquehanna Bank PA
Lemoyne
P O Box 161 271 Camp Hill, PA 17001-0181 Le Market Street
Lemoyne, PA 17043
Date of Note: May 9, 2008
Principal Amount: $192,000.00
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-two Thousand & 00/100 Dollars ($192,000.00),
together with Interest on the unpaid principal balance from May 9, 20011, until paid In full.
PAYMENT. Borrower will pay this loan In accordance with the following payment schedule: 3 monthly consecutive interest payments,
beginning June 9, 2008, with interest calculated on the unpaid principal balances at an interest rate of 7.000% per annum; 56 monthly
consecutive principal and interest payments of $1,508.92 each, beginning September 9. 2008, with interest calculated on the unpaid principal
balances at an interest rate of 7.000% per annum; and one principal and interest payment of $168,303.62 on May 9, 2013, with interest
calculated on the unpaid principal balances at an interest rate of 7.000% per annum. This estimated final payment is based on the assumption
that all payments will be made exactly as scheduled; 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 to accrued
unpaid billed interest, then to principal and any remaining amount to any unpaid collection costs and Into 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 PENALTY; MINIMUM INTEREST CHARG€. 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. Upon prepayment of this Note, Lender is entitled to the following prepayment penalty: During the term of the loan, Lender
shall not be required to accept prepayments of principal. Any amount paid in excess of the scheduled payment and which is derived from
proceeds other than those generated from cash flow from normal operations or sales of assets shall be deemed a prepayment. In the event
Borrower is permitted to make such a prepayment prior to maturity, such payment(s) shall be accompanied by a prepayment penalty equal to
2% of the principal amount prepaid (the "Prepayment Penalty" herein). Maturity shall mean either the original scheduled maturity or an earlier
time when the loan shall be accelerated and be due In full, unless due to a purposeful default by the Borrower. A default which is deemed by
Lender to be for the purpose of causing a demand for payment in full by Lender Is referred to above as a 'purposeful default". Lender reserves
the sole right to determine if the source of the proceeds is such that the Prepayment Penalty applies and whether any default is a purposeful
default. No partial prepayment shall postpone or defer payments of future installments of principal and interest, which shall continue to be due
and payable at the time and in the amounts set forth above until all amounts due hereunder are paid in full. Other than Borrower's obligation to
pay any minimum interest charge and prepayment penalty, 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: 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
adding a 4.000 percentage point margin ("Default Rate Margin"). The Default Rate Margin shall also apply to each succeeding interest rate
change that would have applied had there been no default. After maturity, or after this Note would have matured had there been no default, the
Default Rate Margin will continue to apply to the final Interest rate described in this Note. 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 c
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.
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 0 21 months, it may be cured if Borrower, after receiving written notice from
Lender demanding cure of such default: 01 cures the default within fifteen (15) days; or (2) if the cure requires more then 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.
Loan No: 10004725577
PROMISSORY NOTE
(Continued)
Page 2
LENDER'S RIGHTS. Upon default, Leader 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
Lander that amount. This includes, subject to any limits under applicable law, Lender's reasonable attorneys' fees and Lender's legal expenses,
whether or not there is a lawsuit, including reasonable 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 Cumberland
County, 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 the following collateral described in the security instruments listed herein:
(A) an Open-End Mortgage dated May 9, 2008, to Lender on real property located in Cumberland County, Commonwealth of Pennsylvania.
(B) an Assignment of All Rents to Lender on real property located in Cumberland County, Commonwealth of Pennsylvania.
SIGN AND ADVERTISING . At Lender's request, Borrower shall place a sign at a location on the property satisfactory to Lender, which sign shall
recite, among other things, that Lender is financing the project. Borrower expressly authorizes Lender to include the project and Lender's role in
financing the project in news releases and such other advertising as Lender may elect, during the project term and thereafter for a period not to
exceed one year. This authorization shall include any photographs, film or electronic images of the project or Borrower's representatives made
in connection with the project and permits inclusion of the terms of the project financing in any media selected by Lender Including electronic or
Internet communications. This provision shall not be construed to require Lender to advertise the project or to include it in any media
presentations. The consideration hereunder is agreed to be applicable to this provision; no additional compensation shall be due to Borrower for
any sign or advertising by Lender.
SHARING OF ACCOUNT INFORMATION. The Lender and the companies in the Susquehanna Bancshares, Inc. family offer a full range of
valuable financial services. We can better serve your needs by sharing your account information within our corporate family. The Borrower
authorizes the Lender and the companies that comprise the Susquehanna Bancshares, Inc. corporate family to disclose to any of Susquehanna
Bancshares, Inc. existing or future subsidiaries, affiliates, and assigns, and to any potential assignee or transferee, any information (including
information received from third persons) In or relating to (i) the Borrower, 00'this I'dan,'(ilir,any other loans you have previously obtained or may
from time to time obtain from us or any of the Susquehanna Bancshares, Inc. family of companies in the future, and (Iv) any other accounts of
any type or nature and other relationships the Bdrrower has proViously established or may from time to time. establish with any of-the
Susquehanna Bancshares, Inc. family of companies in the future.
FINANCIAL STATEMENT. Borrower will furnish Lender with, as soon as available, but In. no event later than one hundred twenty (120) days
after the end of each fiscal year, Borrower's financial statement, prepared by Borrower, and a completed federal tax return for the year ended.
All financial reports required to be provided under this Agreement shall be prepared In accordance with generally accepted accounting principles,
applied on a consistent basis, and certified by Borrower as being. true and correct.
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
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 (9500) ON WHICH JUDGMENT OR JUDGMENTS ONE OR
MORE EXECUTIONS MAY ISSUE IMMEDIATELY; AND FOR SO DOING, THIS NOTE OR A COPY OF THIS NOTE VERIFIED BY AFFIDAVIT SHALL
BE SUFFICIENT WARRANT. THE AUTHORITY GRANTED IN THIS NOTE TO CONFESS JUDGMENT AGAINST BORROWER SHALL NOT BE
EXHAUSTED BY ANY EXERCISE OF THAT AUTHORITY, BUT SHALL CONTINUE FROM TIME TO TIME AND AT ALL TIMES UNTIL PAYMENT IN
FULL OF ALL AMOUNTS DUE UNDER THIS NOTE. BORROWER HEREBY WAIVES ANY RIGHT BORROWER MAY HAVE TO NOTICE OR TO A
HEARING IN CONNECTION WITH ANY SUCH CONFESSION OF JUDGMENT AND STATES THAT EITHER A REPRESENTATIVE OF LENDER
SPECIFICALLY CALLED THIS CONFESSION OF JUDGMENT PROVISION TO BORROWER'S ATTENTION OR BORROWER HAS BEEN
REPRESENTED BY INDEPENDENT LEGAL COUNSEL.
PRIOR TO SIGNING THIS NOTE, BORROWER READ AND UNDERSTOOD ALL THE PROVISIONS OF THIS NOTE. 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:
DISCLOSL.A FOR CONFESSION OF JUL_ jMENT
References in the boxes above are for Lender's use only ?and has t been limit om fled d eability oflthis of ument to any particular loan or item.
Anv item above containing "
Declarant: James S. Gardner aka James Scott Gardner Lender: Susquehanna Bank PA
P 0 Box 181 271 Market Street
Camp Hill, PA 17001-0181 Lemoyne, PA 17043
DISCLOSURE FOR CONFESSION OF JUDGMENT
I AM EXECUTING, THIS ` DAY OF 200z A PROMISSORY NOTE FOR $192,000.00 OBLIGATING
ME TO REPAY THAT AMOUNT.
A. I UNDERSTAND THAT THE NOTE CONTAINS A CONFESSION OF JUDGMENT PROVISION THAT WOULD PERMIT LENDER TO ENTER
JUDGMENT AGAINST ME IN COURT, AFTER A DEFAULT ON THE NOTE, WITHOUT ADVANCE NOTICE TO ME AND WITHOUT OFFERING ME
AN OPPORTUNITY TO DEFEND AGAINST THE ENTRY OF JUDGMENT. IN EXECUTING THE NOTE, BEING FULLY AWARE OF MY RIGHTS TO
ADVANCE NOTICE AND TO A HEARING TO CONTEST THE VALIDITY OF ANY JUDGMENT OR OTHER CLAIMS THAT LENDER MAY ASSERT
AGAINST ME UNDER THE NOTE, I AM KNOWINGLY, INTELLIGENTLY, AND VOLUNTARILY WAIVING THESE RIGHTS, INCLUDING ANY RIGHT
TO ADVANCE NOTICE OF THE ENTRY OF JUDGMENT, AND I EXPRESSLY AGREE AND CONSENT TO LENDER'S ENTERING JUDGMENT
AGAINST ME BY CONFESSION AS PROVIDED FOR IN THE CONFESSION OF JUDGMENT PROVISION.
B. I FURTHER UNDERSTAND THAT IN ADDITION TO GIVING LENDER THE RIGHT TO ENTER JUDGMENT AGAINST ME WITHOUT ADVANCE
NOTICE OR A HEARING, THE CONFESSION OF JUDGMENT PROVISION IN THE NOTE ALSO CONTAINS LANGUAGE THAT WOULD PERMIT
LENDER, AFTER ENTRY OF JUDGMENT, AGAIN WITHOUT EITHER ADVANCE NOTICE OR A HEARING, TO EXECUTE ON THE JUDGMENT BY
FORECLOSING UPON, ATTACHING, LEVYING ON, TAKING POSSESSION OF OR OTHERWISE SEIZING MY PROPERTY, IN FULL OR PARTIAL
PAYMENT OF THE JUDGMENT. IN EXECUTING THE NOTE, BEING FULLY AWARE OF MY RIGHTS TO ADVANCE NOTICE AND A HEARING
AFTER JUDGMENT IS ENTERED AND BEFORE EXECUTION ON THE JUDGMENT, I AM KNOWINGLY, INTELLIGENTLY AND VOLUNTARILY
WAIVING THESE RIGHTS, AND I EXPRESSLY AGREE AND CONSENT TO LENDER'S IMMEDIATELY EXECUTING ON THE JUDGMENT IN ANY
MANNER PERMITTED BY APPLICABLE STATE AND FEDERAL LAW, WITHOUT GIVING ME ANY ADVANCE NOTICE.
C. AFTER HAVING READ AND DETERMINED WHICH OF THE FOLLOWING STATEMENTS ARE APPLICABLE, BY INITIALING EACH
STATEMENT THAT APPLIES, I REPRESENT THAT:
INITIALS
1. 1 WAS REPRESENTED BY MY OWN INDEPENDENT LEGAL COUNSEL IN CONNECTION WITH THE NOTE.
Aa--- 2. A REPRESENTATIVE OF LENDER SPECIFICALLY CALLED THE CONFESSION OF JUDGMENT PROVISION IN THE NOTE TO MY
061 ATTENTION.
D. I CERTIFY THAT MY ANNUAL INCOME EXCEEDS $10,000; THAT THE BLANKS IN THIS DISCLOSURE WERE FILLED IN WHEN I INITIALED
AND SIGNED IT; AND THAT I RECEIVED A COPY AT THE TIME OF SIGNING.
THIS DISCLOSURE IS GIVEN UNDER SEAL AND IT IS INTENDED THAT THIS DISCLOSURE IS AND SHALL CONSTITUTE AND HAVE THE
EFFECT OF A SEALED INSTRUMENT ACCORDING TO LAW.
X Z., ? i ISeall
LASER PRO L,nNin9. Vv. 5.79.00.008 Csp,. Nxlw,a Fin,ndY SWU,bn,. 1... 1997. 2009. AN Right. R...-d. - PR Nt1509ANKPA%CF11LPL1030.FC TR-36042 PR-5
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.
414f -???"-' x - -, 4
Robert Rahal, Senior Vice President
of Susquehanna Bank
FiL?P,-?rr?t?
OF THE P P t ,ICNOTA A Y
2909 SEP -8 PM 3: 54
:'tiTY
j -7 -,?Z) ..w, a4
-13 Q33Y
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 # 10004725577 - May 9, 2008)
TO: James S. Gardner aka James Scott Gardner
2712 Lisburn Road, Apt 304
Camp Hill, PA 17011
You are hereby notified that on September %?" , 2009 a judgment by confession was entered
against you in the above-captioned case in favor of Susquehanna Bank, as follows:
Principal: $190,147.92
Accrued Interest: 7,543.30
Late Fees: 905.34
Other Charges/Fees: 100.00
Attorney's Fees (10% commission): 19,769.12
Total: $218,465.68*
*along with interest accruing at the current per diem rate of $36.97 until paid in
full (the "Indebtedness")
DATE: , 4
PROTHONOTARY
09i
r
l
SUSQUEHANNA BANK, IN THE COURT OF COMMON PLEAS
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
2
V. NO.
JAMES S. GARDNER aka JAMES SCOTT :
GARDNER,
Defendant
CIVIL ACTION - LAW
CERTIFICATE OF RESIDENCE
(Loan # 10004725577 - May 9, 2008)
I, 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.
McNEES WALLACE & NURICK LLC
Date: September 2, 2009 By
Clayton Vf' . Da dson
PA Attorney 1.1). 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
RLED--OFFLE
Oc THc IROTNON!OTARY
2009 SEP -8 PM 3: 54
CUP ?w L,? ,?-NTYY
P ENAN, S =`6 ,,N IA
r
SUSQUEHANNA BANK, IN THE COURT OF COMMON PLEAS
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V. NO. ?? ' ?? oZ C
JAMES S. GARDNER aka JAMES SCOTT :
GARDNER,
Defendant
CIVIL ACTION - LAW
AFFIDAVIT OF NON-MILITARY SERVICE
AND LAST-KNOWN ADDRESS
(Loan # 10004725577 - May 9, 2008)
COMMONWEALTH OF PENNSYLVANIA
DA- 014tH : SS.
C 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 W David n
SWORN and subscribed to before me this 3'"4 day
of September, 2009.
Notary Public
My Commission Expires
(SEAL)
COMMONWEALTH OF PENNSYLVANIA
Notarial Seal
Channaine Y. O'Hara, Notary Pubfic
City of Harrisburg, Dauphin County
My Commission Expires Feb. 16, 2011
PennsyleE- ,a.. ,? sodation of Notaries
FILED-OffICE
OF THE PPCM-,? NOTARY
1009 SEP -8 PM 3: 54
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SUSQUEHANNA BANK
Plaintiff
Vs
James S. Gardner a/k/a .: ... :: , .:..:_,
J. Scott Gardner
Defendants
In the Court of Common Plead
Cumberland County PA ~- ,~" c_.. =-±
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No: 2009-6122
Civil Action -Law _ ~= ~~'~
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RELEASE OF JUDGMENT LIEN
FOR VALUE RECEIVED, and intending to be legally bounded,
Susquehanna Bank, hereby remises, releases, exonerates and discharges the
following tract or parcel of land and ariy 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 neitherthis 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 `hereo~thi `" ' "'day of -~~~,N~ ,
2010.
LIENHOLDER:
SUSQUEHANNA BANK
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By: ~L' z~=~'
Robert Rahal, Senior Vice President
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221 Market Street New Cumberland PA Parcel number 25-25-006-319
ALL THAT CERTAW picot ar' parcel of land actuate m the Borough of ~tve Cumberland, Cumberland County,
Permay~lvafuta, tt~arc pttitallady bounden and dacr~od at follows, to wit:
BFGL'~'NL\G as a poia~ the tt~titeast Darner of Second Alley and Market: Streeti thence northeast~vardly slang
Secatsd Alley, a dlsraace ofaettmy t70) fret to a pone at land now or famtlxly of S.B. Mats Company; thence
113.Q~ foe ~ twrihsvdn~a~+dlY Wralkl Wir2a Mm~loet Street, a distance of twenty-three aiad ant hwtdt+edths
p~ theme ~l~^atwardlq akat~ and through the center line of a danbk fiytmt dx~rlling
home Imo~vn as 221 and 223 lferket Stmt; a distance of aevtttty (70} fret to 3darket Street; thenct
~~Y ~8 Market Stroet, a distance of twenty-thrct ~ ~-hwtdreddu (23,01) feet to Second Allty,
the place of BEOIrNNIIVG.
HAVL\Cf IHE~(XAT F.R:EC'1'ED a threr story dw,1o111a~ ~hottst Irnowtt and t>tmtbtred as 221 Marko Saner, ldew
Cnmbahmd, Petrnsylvania. - .
700 Lisburn Road Camp Hill PA 17011 Parcel Number 13-23-0549-137
ALL THAT CERTAIN piece or parcel 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.
' .,, .._ . .,..,: - ,. '•u:at:~.i JG-Y~I, -l t~bkN'icC ~o( ~c~cai~a~~ !~%41}-{~y{ :,,- ~~IT..~-nt r:.-,,..- .x:,- ~ .
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 with the buildings thereon erected situate in the Borough of Camp Hill, County
of Cumberland, and Commonwealth of Pennsylvania, more. particularly bounded and described as follows, to wit:
BEGINNING at a point at the northwest comer of Market Streef and North Twenty-Sixth Street; thence in a
northerly direction and along the western line of North Twenty-Sixth Street, a distance of one hundred seventy-
five (175) feet to a fifteen (15) foot alley; thence in a westerly direction along the southern tine of said fifteen (15)
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 Plan of Lots; thence in a southerly direction along the western line of said Lot No. 1,
Secoon A aforesaid, a distance of one hundred seventy-four and four-tenths (174.4) feet to a point on the
northern line of Market Street; thence in a easterly direction along the northern line of Market Street, fwo hundred
fnre feet (205} to a point, the point and place of BEGINNING.
HAVING thereon erected a two and one-half (2 '~4) story stone dwelling known and numbered as' 2602 Market
Street, Camp Hill, Pennsylvania.
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EXHIBIT A
+...~~•+ ~ .e.. ~.. Rs!$1 i'~1 ! {N#! ~'-t}!'('!!t-ik~#~1Ai~k`!~$I $-~i-ii?~.!}-l-i~~~.
SUSQUEHANNA BANK,
Plaintiff
v.
JAMES S. GARDNER a!k/a JAMES
SCOTT GARDNER,
Defendant
1N THE COURT 'OF COMMbIvF PLEAS
CUMBERLAND COUNTY, PENN5YI~AI~
CTVIL ACTION -LAW
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NO. a6~0-06122 ~~ '~'s
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RELEASE OF REALTY FROM LIEN OF JUDGMENT"'{, r
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 discharge, unto MID PENN BANK, its respective successors and
assigns, that certain premises described as follows:
ALL THAT CERTAIN parcel or tract of laud 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 ofland with the improvements erected therean;
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 property known and indentified in the Declaration
referred to below as "Cedar 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 discharged 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
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Judgment on any other properly 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.
IlJ WITNESS WHEREOF, the said Plaintiff has caused this Release to be executed, its
corporate seal to be hereunto affi~ced, and the same to be duly executed this ~ day
G ~--{~~f , 2010, intending to be legally bound hereby.
ATTEST:
~u
SUSQUEHANNA BANK
COMMONWEALTH OF PENNSYLVANIA
SS.
covNTY of `~ AU Prt ~ ~
On this, the ~~~~ day of (J`~i~s~...- , 2010, before me, a notary public, the
undersigned o cer, in and for the Commonwealth of Pennsylvania, personally appeared
~i/,,,uf E. J~~, ,who acknowledged himJherself to be the ,~~~, /,w ~redr~~
of ~~,~du"d ,~o~,~. ,and that helshe, as such officer, being duly authorized to do so,
exeeut d the same for the purposes therein contained.
IN WITNESS `WHEREOF, I hereunto set my hand and official seal.
Notary Public
My commission expires: O - Y /5/ ~o r~
coM~e~, ,rs~tv,~
~' SFAII,
Scott D. Washin~er, Nom, Public
Stceltott Boroug}i, Dauphin County
M commission ex ' Jul 14, 2012
Exhibit A
BEGINNING at a point on the Southern line of Hummel Avenue at the distance of
40 feet westwardly, measured from the south-west corner of Hummel Avenue and
Eighth Street formerly Black-bevy 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 northern
line of said Peach Alley, 17 %Z 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 point on the Southern line of Hummel
Avenue; thence in an easterly direction along the Southern line of Hummel Avenue, 17
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 foNows 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 Nirith 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 degr®es 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 Rivertonu, 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 dwel{ing known as 909
Hummel Avenue.
Tax Parcel #12-22-0824-037.
Exhibit C
ALL THAT CERTAfN Unit in the property known and indented in the
Declaration referred to below as "Cedar Place CondominiumA, 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 e,~ s, etc. , by the recording in the Office of the Recorder of Deeds, in
and for 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°l0.
i
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)
cdavidsonAmwn.com
SUSQUEHANNA BANK,
Plaintiff
v.
_
??P{ ILED-C, fCE
??' S! PAC?f?'?Dyr6,`,
1.
€910 DEC 28 AN 11: s I
C`UMBE LAIND COUNTY
PENNSYLVANIA' PENNSYLV NIA;
Attorneys for Plaintiff Susquehanna Bank
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
: NO. 09-6122 (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.
Date: December, 2010
McNEES WALLACE & NURICK LLC
By ?---_
Clayto . David n
PA I.D. No. 791 9
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
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, Atp. 304
Camp Hill, PA 17011
Dated: December )4, 2010
Clayton AW. D idson