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HomeMy WebLinkAbout12-2421IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA METRO BANK f/k/a CIVIL DIVISION Commerce Bank/Harrisburg, N.A., Plaintiff, NO.: /; O loll vs. DANIEL L. SCHUBERT, Defendant. CONFESSION OF JUDGMENT Oivii-6nw Pursuant to the authority contained in the aforesaid Note, a copy of which is attached to the Complaint filed in this action, I appear for the Plaintiff and confess judgment in favor of Plaintiff and against Defendant as follows: Principal $ 98,199.32 Interest through 4/12/2012 $ 2,478.12 Late Charges $ 316.26 Attorney's Fees and Costs $ 10,067.74 = (10% of Unpaid Principal & Accrued Interest) -03 _ MW -VM TOTAL $ 111,061.44 r :v= Ln r-z C3 --+c1 with interest on the principal sum of ($98,199.32) from April 12, 2012 at $20.17 per y,? rv ^;?r^ diem. _ - ? JAMES, SMI CK -< ' ; & CONNIL LP BY: / W1 I/ "- Scott A. Diet Esc i PA I.D. #55650 Ralph M. Salvia, Esquire PA I.D. #202946 Attorneys for Defendants PRO HAC VICE P.O. Box 650 Hershey, PA 17033 (717) 533-3280 44b.oo Po AT7-Y c-9 i 1'7'77 0 a-7009 Nc4jae Isle i lei( IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA METRO BANK f/k/a CIVIL DIVISION Commerce Bank/Harrisburg, N.A., Plaintiff, VS. DANIEL L. SCHUBERT, Defendant. TO: DEFENDANT(s) YOU ARE HEREBY NOTIFIED TO PLEAD TO THE ENCLOSED COMPLAINT WITHIN TWENTY (20) DAYS FROM SERVICE HEREOF OR A DEFAULT JUDGMENT I HEREBY CERTIFY THAT THE ADDRESS OF THE PLAINTIFF IS: 3801 Paxton Street Harrisburg, PA 17111 AND THE DEFENDANT(S): 4187 1h Street New Cumber nd, P 70 ATTO TIFF NO.: f - C? Llj'l 6, I TYPE OF PLEADING: CIVIL ACTION - COMPLAINT IN CONFESSION OF JUDGMENT FILED ON BEHALF OF: Metro Bank f/k/a Commerce Bank/Harrisburg, N.A., Plaintiff COUNSEL OF RECORD FOR THIS PARTY: Scott A. Dietterick, Esquire Pa. I.D. #55650 Ralph M. Salvia, Esquire Pa. I.D. #202946 JAMES, SMITH, DIETTERICK & CONNELLY LLP P.O. Box 650 Hershey, PA 17033 (717) 533-3280 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA METRO BANK f/k/a CIVIL DIVISION Commerce Bank/Harrisburg, N.A., Plaintiff, VS. DANIEL L. SCHUBERT, Defendant. NO.: I?_ 02- ??. C ,u CIVIL ACTION - COMPLAINT IN CONFESSION OF JUDGMENT And now comes Metro Bank f/k/a Commerce Bank/Harrisburg, N.A., by its attorneys, James, Smith, Dietterick & Connelly, LLP, and files this Complaint in Confession of Judgment as follows: 1. Metro Bank f/k/a Commerce Bank/Harrisburg, N.A. ("Plaintiff') is a financial institution under the laws of the United States of America, with its principal place of business located at 3801 Paxton Street, Harrisburg, Pennsylvania 17111. 2. Defendant, Daniel L. Schubert, is an adult individual residing at 418 7th Street, New Cumberland, Pennsylvania 17070. 3. On or about March 10, 2006, Defendant, executed and delivered a certain Promissory Note ("Note") in favor of Plaintiff in the original principal amount of $130,000.00, which Note authorized a Confession of Judgment against Defendant. A copy of said Note is marked Exhibit "A", attached hereto and made a part hereof. 4. The Note has not been released, transferred or assigned. 5. Judgment has not been entered against the Defendant on the Note in any jurisdiction. 6. Defendant is in default under the aforesaid Note, for failure to pay installments of principal and interest when due. 7. The judgment is not being entered by confession against a natural person in connection with a consumer credit transaction. 8. The itemization of the amount due, including interest and attorneys' fees as authorized by the Note is as follows: Principal $ 98,199.32 Interest through 4/12/2012 $ 2,478.12 Late Charges $ 316.26 Attorney's Fees and Costs $ 10,067.74 (10% of Unpaid Principal & Accrued Interest) TOTAL $ 111,061.44 with interest on the principal sum of ($98,199.32) from April 12, 2012 at $20.17 per diem. WHEREFORE, Plaintiff as authorized by the Note, demands judgment against the Defendant in the amount of $111,061.44 with interest on the principal sum ($98,199.32) from April 12, 2012 at $20.17 per diem, and brings said instrument to Court to recover the said sum. JAMES, SMITE & CONNELLY BY: Scott A. D' tt c c, PA I.D. # 55650 Ralph M. Salvia, Esquire PA I.D. #202946 Attorneys for Plaintiff P.O. Box 650 Hershey, PA 17033 (717) 533-3280 THIS IS AN ATTEMPT TO COLLECT A DEBT, AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. EXHIBIT "A" PROMISSORY NOTE 10-W2-1 (roll t Coll I 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: Daniel L. Schubert (SSN: 202-46-6009) 418 7th Street New Cumberland, PA 17070 Lender: COMMERCE BANK/HARRISBURG N.A. COMMERCIAL MORTGAGE DEPARTMENT 100 SENATE AVENUE CAMP HILL, PA 17011 (717) 975-5630 Principal Amount: $130,000.00 Date of Nate: March 10, 2006 PROMISE TO PAY. Daniel L. Schubert I"Borrower") promises to pay to COMMERCE BANK/HARRISBURG N.A. ("Lender"), or order, in lawful money of the United States of America, the principal amount of One Hundred Thirty Thousand fir 001100 Dollars ($130,000.00), together with interest on the unpaid principal balance from March B, 2006, until paid in full. PAYMENT. Subject to any payment changes resulting from changes in the Index, Borrower will pay this loan in accordance with the following payment schedule: 60 monthly consecutive principal and interest payments in the initial amount of $1,213.97 each, beginning April 10, 2006, with interest calculated on the unpaid principal balances at an interest rate of 7.500% per annum; 119 monthly consecutive principal and interest payments in the initial amount of $1,268.73 each, beginning April 10, 2011, with interest calculated on the unpaid principal balances at an interest rate based on the Prime Rate as published in the Money Ratp Section of the Wall Street Journal. It a range of rates is published, the highest will be used. (currently 7.500%), plus a margin of 1.090 percentage points. resulting in an initial interest rate of 8.500%; and one principal and interest payment of $1,269.29 on March 10, 2021, with interest calculated on the unpaid principal balances at an interest rate based on the Prime Rate as published in the Money Rate Sectiorr of the Wall Street Journal. If a range of rates is published, the highest will be used. (currently 7.500%), plus a margin of 1.000 percentage points, resulting in an initial interest rate of 8.500%. This estimated final payment is based on the assumption that all payments will be made exactly as scheduled and that the Index does not change; the actual final payment will be for all principal and accrued interest not yet paid, together with any other unpaid amounts under this Note. Unless otherwise agreed or required by applicable law, payments will be applied first to any accrued unpaid interest; then to principal; then to any unpaid collection costs; and then to any late charges. The annual interest rate for this Note is computed on a 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. VARIABLE INTEREST RATE. The interest rate on this Note is subject to change from time to time based on changes in an independent index which is the Prime Rate as published in the Money Rare Section of the Wall Street Journal. If a range of rates is published, the highest will be used. (the "Index"). The Index is not necessarily the lowest rate charged by Lender on its loans. If the Index becomes unavailable during the term of this loan, Lender may designate a substitute index after notice to Borrower. Lender will tell Borrower the current Index rate upon Borrower's request. The interest rate change will not occur more often than each day. Borrower understands that Lender may make loans based on other rates as well. The Index currently is 7.500% per annum. The interest rate or rates to be applied to the unpaid principal balance of this Note will be the rate or rates set forth herein in the "Payment" section. Notwithstanding any other provision of this Note, after the first payment stream, the interest rate for each subsequent payment stream will be effective as of the last payment date of the just-ending payment stream. NOTICE: Under no circumstances will the interest rate on this Note be more than the maximum rate allowed by applicable law. Whenever increases occur in the interest rate, Lender, at its option, may do one or more of the following: (A) increase Borrower's payments to ensure Borrower's loan will pay off by its original final maturity date, (B) increase Borrower's payments to cover accruing interest, (C) increase the number of Borrower's payments, and (D) continue Borrower's payments at the same amount and increase Borrower's final payment. PREPAYMENT PENALTY. Borrower agrees that all loan fees and other prepaid finance charges are earned fully as of the date of the loan and will not be subject to refund upon early payment (whether voluntary or as a result of default), except as otherwise required by law. Upon prepayment of this Note, Lender is entitled to the following prepayment penalty: Prepayment of any amount of the principal sum shall be subject to a penalty charge of 5% during the first year of amortization and declining 1% per year thereafter to per. Except for the foregoing, Borrower may pay all or a portion of the amount owed earlier than it its 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. It 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: COMMERCE BANK/HARRISBURG N.A., COMMERCIAL MORTGAGE DEPARTMENT, 100 SENATE AVENUE, CAMP HILL, PA 17011. LATE CHARGE. If a payment is 10 days or more late, Borrower will be charged 5.000% of the regularly scheduled payment. INTEREST AFTER DEFAULT. Upon default, including failure to pay upon final maturity, Lender, at its option, may, if permitted under applicable law, increase the variable interest rate on this Note by 2.000 percentage points. The interest rate will not exceed the maximum rate permitted by applicable law. If judgment is entered in connection with this Note, interest will continue to accrue on this Note after judgment at the interest rate applicable to this Note at the time judgment is entered. DEFAULT. Each of the following shall constitute an event of default i"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. Environmental Default. Failure of any party to comply with or perform when due any term, obligation, covenant or condition contained in any environmental agreement executed in connection with any loan. 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 PROMISSORY NOTE Loan No: 3374050 (Continued) Page 2 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, br liability under, any guaranty of the indebtedness evidenced by this Note. In the event of a death, Lender, at its option, may, but shall not be required to, permit the guarantor's estate to assume unconditionally the obligations arising under the guaranty in a manner satisfactory to Lender, and, in doing so, cure any Event of Default. Adverse Change. A material adverse change occurs in Borrower's financial condition, or Lender believes the prospect of payment or performance of this Note is impaired. Insecurity. Lender in good faith believes itself insecure. Cure Provisions. If any default, other than a default in payment is curable and if Borrower has not been given a notice of a breach of the same provision of this Note within the preceding twelve (12) months, it may be cured if Borrower, after receiving written notice from Lender demanding cure of such default: (1) cures the default within fifteen 115) 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. 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. 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 or the indebtedness against any and all such accounts. COLLATERAL. Borrower acknowledges this Note is secured by First lien on property located at 40 Balm Street, Harrisburg, PA, First lien on property located at 219 S 13th Street, Harrisburg, PA, First lien on property located at 221 S 13th Street, Harrisburg, PA, First lien on property located at 223 S 13th Street, Harrisburg, PA, First lien on property located at 54 N 12th Street, Harrisburg, PA, First lien on property located at 642 Bosler Ave, Lemoyne, PA. OPTION TO DECLARE LOAN DUE. Although the repayment of the loan evidenced by this instrument has been designed as if it were to extend for the term established in the "Payment" section, hereinabove outlined, Borrower understands that Lender expressly reserves the right and option, exercisable at its discretion, to declare the entire unpaid principal balance under this Promissory Note together with all interest which shall have accrued thereon to be due and payable on the fifth (5th) anniversary of the date of this Promissory Note and on each succeeding Five(51 year anniversary of that date during the term hereof, hereinafter referred to as "Loan Call Date". In the event that Lender desires to exercise its option to declare the Loan due, it shall deliver written notice thereof by regular first class mail to Borrower's last known address 90 days prior to the Loan Call Date. In the event that Lender desires to exercise its option to declare the Loan due, it shall deliver written notice thereof by hand delivery, nationally recognized overnight courier or regular first class mail to Borrower's last known address at least 90 days prior to the Loan Call Date. Borrower shall, on or before the Loan Call Date immediately following such notice, repay the entire principal balance due under the Promissory Note together with all unpaid interest which shall have accrued thereon as well as any other sums which may then be due under the Promissory Note or any other document constituting a part of the within loan transaction. Notice provided by first class mail to Borrower's last known address shall be deemed to have been delivered when deposited in the mail. POST CLOSING COMPLIANCE. Borrower agrees to execute, re-execute, cause a Guarantor(s) or other third party(ies) involved in the loan transaction to execute and/or re-execute and to deliver to Lender or its legal counsel, as may be deemed appropriate, any document or instrument signed in connection with the Loan which was incorrectly drafted and/or signed, as well as any document or instrument which should have been signed at or prior to the closing of the Loan, but which was not so signed and delivered. Borrower agrees to comply with any written request by Lender within ten (10) days after receipt by Borrower of such request. Failure to Borrower to so comply shall, at the option of Lender, uoon notice to Borrower, constitute an event of default under the Loan. REQUIRED DEPOSIT ACCOUNT. Borrower shall be required to establish and maintain primary deposit account relationship with Commerce Bank. COMMITMENT LETTER COMPLIANCE.. This loan is contingent upon Borrower's compliance with all of the terms and conditions in the commitment letter issued by Lender to Borrower on or about March 2, 2006. Upon breach of any term of condition therein Lender shall have the right to declare this loan in default and demand payment in full of the principal balance remaining unpaid, together with all interest, which shall have accrued thereon. . COPIES OF LEASES. Borrower hereby agrees to assign to Bank, all present and future rents and leases associated with the mortgaged premises. Borrower shall provide Bank with all cop! f all leases and any addendums thereto. . SUCCESSOR INTERESTS. The terms : its Note shall be binding upon Borrower, and L,_ Borrower's heirs, personal representatives, successors and assigns, and shall inure to the benefit of Lender and its successors and assigns. PROMISSORY NOTE Loan No: 3374050 (Continued) Page 3 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: COMMERCE BANK/HARRISBURG N.A. LOAN SERVICING PO BOX 1195 CAMP HILL, PA 17011-1195, GENERAL PROVISIONS. If any part of this Note cannot be enforced, this tact 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°x) OF THE UNPAID PRINCIPAL BALANCE AND ACCRUED INTEREST FOR ('OLLECTION, RUT IN ANY EVENT NOT LESS THAN FIVE HUNDRED DOLLARS (5500) ON WHICH JUDGMENT OR JUDGMENTS ONE OR MORE EXECUTIONS MAN' 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, INCLUDING THE VARIABLE INTEREST RATE PROVISIONS. BORROWER AGREES TO THE TERMS OF THE NOTE. BORROWER ACKNOWLEDGES RECEIPT OF A COMPLETED COPY OF THIS PROMISSORY NOTE. THIS NOTE IS GIVEN UNDER SEAL AND IT IS INTENDED THAT THIS NOTE IS AND SHALL CONSTITUTE AND HAVE THE EFFECT OF A SEALED INSTRUMENT ACCORDING TO LAW. BBRI00WER: (Seal) ant c ubert I aR PW LMC q, V. 3.30.m.ao, C- --6 F -' i -.... 1.7. 5006. M -0- N-. - M H:1Vl"MkLLL IMCMPLJ0=.K TA-1.11 -19 DISCLO JRE FOR CONFESSION OF J. liGMENT rr•INWIPM' u nn M" I Me my t Loan 'iota C41 I ca Aft tttvkt C per _ ? Er l 84p.08 I 3w*m -01 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 "rte"" has been omitted due to text length limitations. Declarant: Daniel L. Schubert ISSN: 202-06-6009) 418 7th Street New Cumberland, PA 17070 Lender. COMMERCE BANK/HARRISBURG N.A. COMMERCIAL MORTGAGE DEPARTMENT 100 SENATE AVENUE CAMP HILL, PA 17011 (717) 975-5630 DISCLOSURE FOR CONFESSION OF JUDGMENT 1 AM EXECUTING, THIS €`Q ` DAY OF CV4 , 20 , A PROMISSORY NOTE FOR $130,000.00 OBLIGATING ME TO REPAY THAT AMOUNT. A. 1 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, 1 AM KNOWINGLY, INTELLIGENTLY, AND VOLUNTARILY WAIVING THESE RIGHTS, INCLUDING ANY RIGHT TO ADVANCE NOTICE OF THE ENTRY OF JUDGMENT, AND I EXPRESSLY AGREE AND CONSENT TO LENDER'S ENTERING JUDGMENT AGAINST BY CONFESSION AS PROVIDED FOR IN THE CONFESSION OF JUDGMENT PROVISION. INITIALS: : , 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 P OITTED BY APPLICABLE STATE AND FEDERAL LAW, WITHOUT GIVING ME ANY ADVANCE NOTICE. INITIALS: - _7 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 $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. DEC ANT: X_ _3 e.?i` n'r rcean Dan L EI, FIN Iar & Vr. 5.]0.00.004 C.I. Hi .d ft-a --.. M4 IJ07. 200E. MI "w My , - pA HA"kA"5%V vAMyj1LW30,FC T INII M.,a IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA METRO BANK f/k/a- Commerce Bank/Harrisburg, N.A., Plaintiff, Vs. DANIEL L. SCHUBERT, Defendant. CIVIL DIVISION NO.. VERIFICATION I, John T. Robertson, Vice President of Metro Bank depose and say subject to the penalties of 18 Pa.C.S.A., sec.4904 relating to unworn falsification to authorities that the facts set forth in the foregoing pleading are true and correct to the best of my information, knowledge and belief. Date: c4i 11'-k By: -? G {= ?-_Tolin T. Robertson, Vice President ti IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA METRO BANK f/k/a Commerce Bank/Harrisburg, N.A., Plaintiff, VS. DANIEL L. SCHUBERT, Defendant. CIVIL DIVISION NO.: lot I NOTICE UNDER RULE 2958.1 OF JUDGMENT AND EXECUTION THEREON Notice of Defendant's Rights To: Daniel L. Schubert 4187 1h Street New Cumberland, PA 17070 Givii-lank w C 13 -am -<> v . = rn --n = cy A judgment in the amount of $111,061.44 has been entered against you and in favor of the plaintiff without any prior notice or hearing based on a confession of judgment contained in a written agreement or other paper allegedly signed by you. The sheriff may take your money or other property to pay the judgment at any time after thirty (30) days after the date on which this notice is served on you. You may have legal rights to defeat the judgment or to prevent your money or property from being taken. YOU MUST FILE A PETITION SEEKING RELIEF FROM THE JUDGMENT AND PRESENT IT TO A JUDGE WITHIN THIRTY (30) DAYS AFTER THE DATE ON WHICH THIS NOTICE IS SERVED ON YOU OR YOU MAY LOSE YOUR RIGHTS. v 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 TO FIND OUT WHERE YOU CAN GET LEGAL HELP. NOTICE TO DEFEND & LAWYER REFERRAL SERVICE Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 Phone (717) 249-3166 (800) 990-9108 Respectfully. S Y LLP By: Sco/ A. gietterick'Esqu: Attorney I.D. #55650 Ralph M. Salvia, Esquire Attorney I.D. #202946 P.O. BOX 650 Hershey, PA 17033 (717) 533-3280 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA METRO BANK f/k/a CIVIL DIVISION Commerce Bank/Harrisburg, N.A., Plaintiff, NO.: /a - aqa I vs. DANIEL L. SCHUBERT, Defendant. CERTIFICATION OF ADDRESS I hereby certify that the address of the parties in the above action are as follows Address of Plaintiff: 3801 Paxton Street Harrisburg, PA 17111 Address of Defendant: 4187 1h Street New Cumberland A JAMES, MI IET BY: ScottvA. Dietterick, Esquire PA I.D. # 55650 Ralph M. Salvia, Esquire PA I.D. #202946 Attorneys for Plaintiff P.O. Box 650 Hershey, PA 17033 (717) 533-3280 Civ;raM c ` == = -0 m Vic-, x - rs> 4 W CONNELLY LLP IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA METRO BANK f/k/a Commerce Bank/Harrisburg, N.A., Plaintiff, vs. DANIEL L. SCHUBERT, CIVIL DIVISION NO.: la -aI/a/ avilTenh Defendant. CD c AFFIDAVIT OF NON-MILITARY SERVICE -0 -0m c,ir C:)c COMMONWEALTH OF PENNSYLVANIA )>? ? ° SS: COUNTY OF DAUPHIN r? ra I, Scott A. Dietterick, Esquire and/or Ralph M. Salvia, Esquire, attorneys for and authorized representative of Plaintiff, Metro Bank f/k/a Commerce Bank/Harrisburg, N.A., hereby certify, subject to the penalties of 18 Pa.C.S.A. §4904, that the Defendant, is not in the military service of the United States of America to the best of my belief. Scott A-Dietterick, Esquire Ralph M. Salvia, Esquire PYRN TO AND SUBSCRIBED BEFORE ME THIS DAY OF APRIL, 2012. Notary Public My Commission Expires: NOTARIAL SEAL CHRISTINE L SPURLOCK Notary Public HUMMELSTOWN BORO, DAUPHIN COUNTY My Commission Expires Jun 23, 2012 and IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA METRO BANK f/k/a CIVIL DIVISION Commerce Bank/Harrisburg, N.A., Plaintiff, : NO.: ld - aya 1 eivifTerm vs. DANIEL L. SCHUBERT, Defendant. NOTICE OF ORDER, DECREE OR JUDGMENT TO: ( ) Plaintiff (X) Defendant - DANIEL L. SCHUBERT ( ) Additional Defendant(s) You are hereby notified that an Order, Decree or Judgment was entered in the above-captioned proceeding on q ILI a2 () A copy of the Order or Decree is as follows: or (X) The judgment is as follows: $111,061.44 plus interest on the principal sum ($98,199.32) from April 12, 2012, at the rate of $20.17 per diem, plus additional late charges and additional attorneys' fees d costs. Prothonotary Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor SHERIFF'S OFFICE OF CUMBERLAND COUNTY 'LED i FI "t?OTN0 r. 49?itti;,, of L11?t?t:er/r?,l0 .?tcl ,;F Metro Bank vs. Daniel Lee Schubert Case Number 2012-2421 SHERIFF'S RETURN OF SERVICE 04/20/2012 08:24 PM - Shawn Harrison, Deputy Sheriff, who being duly sworn according to law, states that on April 20, 2012 at 2024 hours, he served a true copy of the within Notice Under Rule 58. 1, upon the within named defendant, to wit: Daniel Lee Schubert, by making known unto h' self a sonally, at 418 7th Street, New Cumberland, Cumberland County, Pennsylvania 17070 its is nd at the same time handing to him personally the said true and correct copy of the same. WN HAKRISON, DEPUTY SHERIFF COST: $45.00 April 26, 2012 +llz MAY -I PM 2. I CUMBERLAND couNT)' PENNSYLVANIA SO ANSWERS, RON R ANDERSON, SHERIFF