HomeMy WebLinkAbout12-3710IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
S&T BANK,
Plaintiff,
Vs.
STEVE A. HURLEY AND SUSAN E.
HURLEY,
Defendants.
CIVIL DIVISION
NO.: Id- 3710
CONFESSION OF JUDGMENT
8vil lean
C:,
27-
Pursuant to the Warrant of Attorney contained in the aforementioned Promissory Note, the
original or copy of which is attached to the Complaint filed in this action, I appear for the Defendants
and confess judgment in favor of Plaintiff and against the Defendants as follows:
Principal $531,740.86
Interest to 6/5/12 $ 2,654.28
Legal Fees $ 6,512.00
Fees $ 500.00
TOTAL $541,407.14
with interest on the principal sum ($531,740.86), at the per diem rate of $88.48 from June 6, 2012,
additional late charges from June 6, 2012, plus reasonable and actually incurred attorney's fees.
GRENEN &BIRSIC, P.C.
Dated: By: A- 46
Brian M. Kile, Esquire
Attorneys for Defendants
Pro Hac Vice
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
S&T BANK,
Plaintiff,
CIVIL DIVISION
vs.
STEVE A. HURLEY AND SUSAN E.
HURLEY,
Defendants.
NO.:
a -3716 c'kv"I t/,?k
COMPLAINT IN CONFESSION OF JUDGMENT
S&T Bank, by its attorneys, Grenen & Birsic, P.C., files this Complaint in Confession of
Judgment as follows:
1. S&T Bank, is a commercial bank doing business in the Commonwealth of
Pennsylvania with offices located at 800 Philadelphia Street, Indiana, PA 15701 ("Plaintiff")
2. Steve A. Hurley and Susan E. Hurley are adult individuals residing within the
Commonwealth of Pennsylvania whose last known address is 50 Frytown Road, Newville, PA
17241-9706 ("Defendants").
3. On or about July 29, 2004, Defendants executed a Promissory Note in favor of
Plaintiff in the original principal amount of $700,000.00 ("Note"), which Note authorized the
confession of judgment against the Defendants. A true and correct 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 is not being entered by confession against a natural person in connection
with a consumer credit transaction.
6. Judgment has not been entered against the Defendants on the Note in any jurisdiction.
7. The Note authorizes the entry of judgment after a default thereunder.
8. Defendants are in default of the terms and conditions of the aforesaid Note for their
failure to pay real estate taxes when due and the entry of municipal liens and judgments against the
Mortgaged Premises securing the Note.
9. The itemization of the amount due, including interest and late charges as authorized
by the Note, is as follows:
Principal $531,740.86
Interest to 6/5/12 $ 2,654.28
Legal Fees $ 6,512.00
Fees $ 500.00
TOTAL $541,407.14
with interest on the principal sum ($531,740.86), at the per diem rate of $88.48 from June 6,
2012, additional late charges from June 6, 2012, plus reasonable and actually incurred attorney's
fees.
[REMAINDER OF PAGE INTENTIONALLY BLANK]
WHEREFORE, the Plaintiff, as authorized by the Warrant of Attorney contained in the Note,
demands judgment against the Defendants in the total sum of $541,407.14, with interest on the
principal sum ($531,740.86), at the per diem rate of $88.48 from June 6, 2012, additional late
charges from June 6, 2012, plus reasonable and actually incurred attorney's fees and brings said
instrument to Court to recover the said sum.
GRENEN & BIRSIC, P.C.
BY:"?' ??
Brian M. Kile, Esquire
Attorneys for Plaintiff, S&T Bank
One Gateway Center - Ninth Floor
Pittsburgh, PA 15222
(412) 281-7650
THIS IS AN ATTEMPT TO COLLECT A DEBT, AND ANY INFORMATION OBTAINED
WILL BE USED FOR THAT PURPOSE.
EXHIBIT "A"
0 a
Bank
CHANGE IN TERMS AGREEMENT
Principal Loan Date Maturity Loan No call i Coll Account Officer Initials
$625,068.08 10-06-2007 04-29-2020 000123832-200 00000665483 336
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: Steve A. Hurley Lender: SdT Sank
Susan E. Hurley Commercial Lending
50 Frytown Road 800 Philadelphia Street
Newville, PA 17241-9706 PO Box 190
Indiana, PA 15701
(724) 349-1800
Principal Amount: $625,068.08 interest Rate: 7.150% Date of Agreement: October 6, 2007
DESCRIPTION OF EXISTING INDEBTEDNESS. A promissory Note dated July 29, 2004, as amended, in the original principal amount of Seven
Hundred Thousand & 00/100 Dollars ($700,000.00) with a current outstanding principal balance of Six Hundred Twenty Five Thousand Sixty
Eight a 08/100 Dollars ($625,068.08), together with an interest rate as fully described in the Note dated July 29. 2004, and a current maturity
date of April 29. 2020.
DESCRIPTION OF COLLATERAL.
A Purchase Money Mortgage, in the amount of $700,000.00, dated July 29, 2004, and recorded in the Ene County flecarder's Office in BK
1159 at page 2320. In all respects, the lien of the aforesaid Purchase Money Mortgage shall remain in full force and effect.
A Mortgage, in the amount of $700,000.00, dated July 29, 2004, and recorded in the Cumberland County Recorders Office in BK 1875 at
page 2998. In all respects, the lien of the aforesaid Mortgage shall remain in full force and effect.
An Assignment of Rents, in the amount of $700,000.00, dated July 29, 2004, and recorded in the Erie County Recorder's Office in SK 1201 at
page 1564. In all respects, the lien of the aforesaid Assignment of Rents shall remain in full force and effect.
An Assignment of Rents, in the amount of $700,000.00, dated July 29. 2004, and recorded in the Cumberland County Recorder's Office in SK
713 at page 3580. In all respects, the lien of the aforesaid Assignment of Rents shall remain to full force and effect.
DESCRIPTION OF CHANGE IN TERMS.
Modify the repayment schedule as fully described below in the Promise to Pay section and Payment section.
Increase the interest rate from a current rate of 6.500% per annum to 7.150% per annum.
PROMISE TO PAY, Steve A. Hurley and Susan E. Hurley I"Borrower") jointly and severally promise to pay to SST Sank ("Lender"), or order, In
lawful money of the United States of America, the principal amount of Six Hundred Twenty-five Thousand Sixty-eight d, 08!100 Dollars
($625,068,08), together with Interest at the rate of 7,150% per annum on the unpaid principal balance from September 6, 2007, until "Change
Date".
PAYMENT. Borrower will pay this loan in accordance with the following payment schedule:
The remaining term of the Note shall be for 152 months. On October 6, 2007, Borrower shall begin 31 consecutive monthly prtncipal
including interest payments In the amount of $4,941.94. The payment shall be calculated based on a 240 month amortization period.
Interest shall be calculated on the unpaid principal balance at a fixed rate of 7.150% per annum. On April 6, 2010 ("Change Date"). and
on each 60 month "Change Date" anniversary date, the interest rate charged on the outstanding principal balance shalt be modified to equal
the most recently published index figure available plus 2.750 percentage points. The index shall mean the weekly average yield of the five
(5) year Fixed-Rate Credit (adding the daily Fixed-Rate Credit yields and dividing by 5), as is published and released in the Federal Home
Loan Bank of Pittsburgh Weekly Financial Summary on the Friday on which any of the Change Dates fall or if any of the Change Dates do
not fall an a Friday by using the publication most recently published immediately prior to such Change Date. If for any reason, the index is
not available, the Index shall mean such other index as Lender shall choose from time to time, which Index shall have as closely as possible
a historical movement substantially similar to the original Index- Lender wi8 Inform Borrower of the new Index upon Borrower's request.
On May 6, 2010, Borrower shall begin 60 conaecutive monthly principal including interest payments, which shall be re-calculated by
amortizing the outstanding principal balance as of the "Change Date" at the then effective rate of Interest over a 209 month amortization
period On May 6, 201 S. Borrower shall begin 60 consecutive monthly principal including interest payments, which shall be to-calculated
by amortizing the outstanding principal balance as of the "Change Date" at the than effective rate of interest over a 149 month
amortization period. If not sooner paid, the entire principal amount outstanding, together with all accrued but unpaid Interest thereon, and
any other amounts owing under this Note shall be due and payable on April 29, 2020.
Unless otherwise agreed or required by applicable law, payments will be applied first to any accrued unpaid interest: 'hen to principal; then to
any unpaid collection costs: and then to any late charges. interest on this loan is computed on a 3651360 simple interest basis; that is, by
applying the ratio of the annual interest rate over a year of 360 days, multiplied by the outstanding principal balance, multiplied by the actual
number of days the principal balance is outstanding. Borrower will pay Lender at Lender's address shown above or at such other place as
Lender may designate In writing.
PREPAYMENT PENALTY. Upon prepayment of this Agreement, Lender is entitled to the following prepayment penalty: an amount subject to
the following schedule; 1.000.16 of the outstanding principal balance (outstanding balance prior to the application of the prepayment amount) as
of the the prepayment date for the first five years. Borrower shall provide to Lender written notice of each prepayment of no less than three (3)
business days preceding the date of prepayment specifying the principal amount to be prepaid and the prepayment data. All such prepayment
penalty charges due hereunder shall be duo and payable on demand and shall accrue interest after the date of demand at the current rate of
interest due under the Note until paid In full, with all such sums secured by the security granted to Lender under the terms of the Related
Documents. All prepayments shall be accompanied by accrued but unpaid interest on the prepaid principal amount to the prepayment date.
Except for the foregoing, Borrower may pay all or a portion of the amount owed earlier than it is due. Early payments will not, unless agreed to
by Lender in writing, relieve Borrower of Borrower's obligation to continue to make payments under the payment schedule. Rather, early
payments will reduce the principal balance due and may result in Borrower's making fewer payments. Borrower agrees not to send Lender
payments marked "paid in full", "without recourse', or similar Anguaga. If Borrower sends such a payment. Lander may accept it without
losing any of Lender's rights under this Agreement, and Borrower will remain obligated to wiy any further amount awed to t ender. All written
communications concerning disputed amounts, including any check or other payment instrurnHrrl that indicates that the payment constitutes
payment in .`aril" of the amount owed or that is tendered with other conditions or "imitation,- or ,is full satisfaction of a cli,cuted amount must be
.7
CHANGE IN TERMS AGREEMENT
Loan No, 2000123832-200 (Continued) Paige 2
maded or delivered to: S&T Bank, Attention: Loan Servicing Center, PO Box 469 Indiana, PA 157ol1
LATE CHARGE. if a payment is 16 days or more late. Borrower wilt be charged 5.000% 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 loan shall be increased by 3.000
percentage points. If judgment is entered in connection with this Agreement, 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 under this Agreement:
Payment Default. Borrower faits to make any payment when due under the Indebtedness.
Other Defaults. Borrower fails to comply with or to perform any other term. obligation, covenant or condition contained in this Agreement
or in any of the Related Documents or to comply with or to perform any term, obligation, covenant or condition contained in any other
agreement between Lender and Borrower.
False Statements. Any warranty, representation or statement made or furnished to Lender by Borrower or on Borrower's behalf under this
Agreement or the Related Documents is false or misleading in any material respect, either now or at the time matte 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
indebtedness. This includes a garnishment of any of Borrower's accounts, including deposit accounts, with Lender, However, this Event
of Default shall not apply it 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
dfsputes the validity of, or liability under, any Guaranty of the Indebtedness evidenced by this Note. In the event of a loath, 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 the indebtedness is Impaired.
Insecurity. Lender to good faith believes itself insecure,
LENDER'S RIGHTS. Upon default, Lender may, after giving such notices as required by applicable law, declare the entire unpaid principal
balance under this Agreement 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 Agreement if Borrower does rot pay. Borrower will
pay Lender 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 casts. in
addltion to all other sums provided by law.
JURY WAIVER. Lender and Borrower hereby waive the right to any jury trial in any action, proceeding, or counterclaim brought by either Lender
or Borrower against the other.
GOVERNING LAW. This Agreement 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 Agreement has been accepted by Lender In
the Commonwealth of Pennsylvania,
CHOICE OF VENUE. If there is a lawsuit, Borrower agrees upon Lander'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 taw, 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 debt against any and ap
such accounts.
CONTINUING VALIDITY. Except as expressly changed by this Agreement. the terms of the original obligation or obligations, including all
agreements evidenced or securing the obligation(s), remain unchanged and in full force and effect. Consent by Lender to this Agreement does
not waive Lander's right to strict performance of the obligation(s) as changed, nor obligate Lender 'o make any future change in terms, Nothing
In this Agreement will constitute a satisfaction of the obligation(s). It is the intention of Lender to retain as liable parties all makers and
endorsers of the original obligation(s), including accommodation parties, unless a party is expressly released by Lender in writing, Any maker or
endorser, including accommodation makers. will not be released by virtue of this Agreement. If any person who signed the original obligation
does not sign this Agreement below, then all persons signing below acknowledge that this Agreement is given conditionally, based on the
representation to Lender that the non-signing party consents to the changes and provisions of this Agreement or otherwise will not be released
by it. This waiver applies not only to any initial extension, modification or release, but also to all such subsequent actions,
SUCCESSOR INTERESTS. The terms of this Agreement shall be binding upon Borrower, and upon Borrower's heirs, personal representatives,
successors, and assigns, and shall be enforceable by Lender and its successors and assigns.
MISCELLANEOUS PROVISIONS. If any part of this Agreement cannot be enforced, this fact will not affect the rest of the Agreement. Lender
may delay or forgo enforcing any of its rights or remedies under this Agreement without losing them. Each Borrower understands and agrees
that, with or without notice to Borrower, Lender may with respect to any other Borrower (a) make one or more additional secured or unsecured
vans or otherwise extend additional credit: (b) alter, compromise, renew, extend, accelerate, or otherwise change one nr ;;ore times the time
for payment or other terms of any indebtedness, including increases and decreases of the rate ui interest Cn the r: fol- tednoss: (r:) exchange,
0 0
CHANGE IN TERMS AGREEMENT
Loan No: 2000123832-200 (Continued) Page 3
enforce, waive, subordinate, fad or decide not to perfect, and release, any neruirty with or Nitllout the ? Ur Ilh-Jhon of new colla(eral; id) apply
Such Security and direct the order or manner of Sale therebL including o thc.ul :imdalton, any nm-)ueirc,ai sale permitted by the terms of the
cxohfroting secunty agreements, as Lender in its discretion may determine, (?) (Tease, substitute, agree rot to sue. q deal with any Dire or
more of Borrower's sureties. endursem, Or Other guaramors an any hams Of in any manner Lender may ch--, and (f) determine how, wnen
arto what application of payments and credits shall be made on any either in•1•.Ut.rlnwss owing by such Other Ho"ower Horrnwer and any other
person who signs, guarantees or endorses this Agreement, to the extenl 1lnwed by law" waive presentment, :iarnand for payment, and police
of dishonor. Upon any change in the forms bf this Agreement, and nnfess nth,irmse N¦pressly stated n writing, no party who signs :ha
Agreement, whether as maker, guarantor, accommodation maker or endorser, shah he released front liability. All such parties atTree that Lender
may renew or extend (repeatedly and for any length of ame) this loan or mlease any party or guarantor or collateral: or impair, fail to re:wtt
upon or perfect Lenders security interest in the collateral: and lake any other action deamxt necessary by Lender without the consent of or
notice to anyone. AN 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 mech. The obligations under this Agreement are joint and :ievefal. If tiny portion of this Agreement is for any
reason determined to be unentorCaabb, it witl not affect the enforceability of any other provisions of this Agreement.
CONFESSION OF JUDGMENT. BORROWER HEREBY IRREVOCABLY AUTHORIZES AND EMPOWERS ANY ATTORNEY OR TffE
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 AGREEMENT AND WITH OR WITHOUT COMPLAINT FILED, CONFESS OR ENTER
JUDGMENT AGAINST BORROWER FOR THE ENTIRE PRINCIPAL BALANCE. OF fHIS AGREEMENT AND ALL ACCRUED INTEREST, LATE
CHARGES AND ANY AND ALL AMOUNTS EXPENDED OR ADVANCED BY LENDER RELATING TO ANY COLLAIERAL SECURING THE
INDEBTEDNESS, TOGETHER WITH COSTS OF SUIT. AND AN ATTORNEY'S COMMISSION OF TEN PERCENT (10'96) OF THE UNPAID
PRINCIPAL BALANCE AND ACCRUED INTEREST FOR COLLECTION, BUT IN ANY EVENT NOT LESS THAN FIVE HUNDRED DOLLARS ($500)
ON WHICH JUDGMENT OR JUDGMENTS ONE OR MORE EXECUTIONS MAY ISSUE IMMEDIATELY; AND FOR SO DOING, TI4IS AGREEMENT
OR A COPY OF THIS AGWXAIF-(F VERIFIED BY AFFIDAVIT SHALL BE SUFFICIENT WARRANT. THE AUTHORITY GRANTED IN THIS
AGREEMENT 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- ;N FULL OF ALL AMOUN IS DUE UNDER THIS AGREEMENT.
BORROWER HEREBY WANES ANY RIGHT BORROWER MAY HAVE TO NOTICE. OR TO A HEARING tN 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 AGREEMENT, EACH BORROWER READ AND UNDERSTOOD ALL THE PROVISIONS OF THIS AGREEMENT. EACH
BORROWER AGREES TO THE TERMS OF THE AGREEMENT.
THIS AGREEMENT IS GIVEN UNDER SEAL AND IT IS INTENDED THAT THIS AGREEMENT IS AND SHALL CONSTITUTE AND HAVE THE
EFFECT OF A SEALED INSTRUMENT ACCORDING TO LAW.
BORROWER:
Stew Hurly Ski an .;H '7'?y-"---(Seal)
t_
Bank
. , L ii ..;;. .10111
PROMISSORY NOTE
11
Principal Loan Data Maturity Loan No Call ; Coll Account office: Initials
$700;000.00 07=29-2004 12.29.2_019 2000123832-200 CD 336
References in the shaded area are for Lender's use only and do not limit the applicability of this document to any narticuiar Inar or item.
Any item above containing -- has been omitted due to text length limitations.
Borrower: STEVE A HURLEY
SUSAN E HURLEY
50 FRYTOWN RD
NEWVILLE, PA 14241
Lender: S&T BANK
Commercial Lending
PO Box 190
Indiana, PA 15701
17241 319-1800
Principal Amount: $700,000.00 Interest Rate: 6.500% Date of Note: July 29, 2004
PROMISE TO PAY. STEVE A HURLEY and SUSAN E HURLEY ("Borrower") jointly and severally promise to pay to S&T BANK ("Lender"), or
order, in lawful money of the United States of America, the principal amount of Seven Hundred Thousand & 001100 Dollars ($700,000.00).
together with interest at the rate of 6.500% per annum on the unpaid principal balance from July 29, 2004, until "Change Date".
PAYMENT. Borrower will pay this loan in accordance with the following payment schedule:
The term of this Note shall be for 186 months. The first 6 consecutive monthly payments shall be for interest only which shall be
calculated at a fixed interest rate of 6.500% per annum. Borrower's first payment shall be due on August 29, 2004, and all subsequent
payments are due on the 29th day of each month after that. The outstanding principal balance and the accrued and unpaid interest shall be
repaid in 180 consecutive monthly payments of principal and interest, based on a 15 year amortization schedule. The first 60 payments of
principal and interest shall be in the amount of $6,131.98 and shall commence on February 28, 2005, and continue on the 29th day of
each consecutive month thereafter, with the monthly principal and interest payment to be adjusted on January 29, 2010 and January 29,
2015 thereinafter referred to as the "Change Dates") in accordance with any adjustment in the interest rate such that the loan will continue
to amortize at the 15 year amortization schedule over the balance of the months remaining in the term. with all outstanding principal,
accrued and unpaid interest and all other sums due and owing under the terms of this Note to be immediately due and payable in full,
unless sooner paid, on January 29, 2020. Interest shall accrue during the 66-month period commencing from the date of this Note to and
including January 28, 2010 at a fixed rate of 6.500% per annum. On each Change Date, the interest rate to be charged on the then
outstanding principal balance shall be adjusted to equal to the most recently published Index figure available plus 2.750 percentage points.
The Index shah mean the weekly average yield of the five (5) year Fixed-Rate Credit (adding the daily Fixed-Rate Credit yields and dividing
by 5), as is published and released in the Federal Home Loan Bank of Pittsburgh Weekly Financial Summary on the Friday on which any of
the Change Dates fall or if any of the Change Dates do not fall on a Friday by using the publication most recently published immediately
prior to such Change Date. It for any reason, the Index is not available, the Index shall mean such other index as Lender shall choose from
time to time, which index shall have as closely as possible a historical movement substantially similar to the original Index. Lender will
inform Borrower of the new index upon Borrower's request.
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 an 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. Upon prepayment of this Note. Lender is entitled to the following prepayment penalty: an amount subject to the
following schedule: 1.000% of the outstanding principal balance as of the prepayment date for the first five years. Borrower shelf provide
Lender with written notice of prepayment of no less than three (31 business days preceding the date of prepayment, specifying the principal
amount to be prepaid and the prepayment date. All such prepayment penalty charges due hereunder shall be due and payable on demand and
shall accrue interest after the date of demand at the current rate of interest due under the Note until paid in full, with all such sums secured by
the security granted to Lender under the terms of the Related Documents. All prepayments shall be accompanied by accrued and unpaid
interest on the prepaid principal amount to the prepayment date. Except for the foregoing, Borrower may pay all or a portion of the amount
owed earlier than it is due. Early payments will not, unless agreed to by Lender in writing, relieve Borrower of Borrower's obligation to continue
to make payments under the payment schedule. Rather, early payments will reduce the principal balance due and may result in Borrower's
making fewer payments. Borrower agrees not to send Lender payments marked 'paid in full", "without recourse or similar language. If
Borrower sends such a payment. Lender may accept it without losing any of Lender's rights under this Note, and Borrower will remain obligated
to pay any further amount owed to Lander. All written communications concerning disputed amounts, including :iny check or other payment
instrument that indicates that the payment constitutes "payment in full" of the amourt owed or that is terdered with other conditions or
limitations or as full satisfaction of a disputed amount must be mailed or delivered to: S&F Bank, Loan ServEc;ne1 Cana.:r. PO Box 469 Indiana.
PA 1 5701 .
LATE CHARGE. If a payment s 16 days cm more late, Borrower will be :;harped 5.000% of the regularly scheduled payment or 120.00,
whichever is greater.
INTEREST AFTER DEFAULT. Upon default, +r,cluding failure to pay upon final maturity, t.ender, at its option, may. it permitted under applicable
law, increase the interest rate on this Note 3.000 percentage points. The interest rate will not exceed the maximum rate permitted by
applicable law. It judgment is entered in connection with this Note, interest will continue to accrue on this Note after ludgment at the existing
interest rate provided for in this Note.
DEFAULT. Each of the following shall constitute an event of default ["Event of Default" I otfier this Note.:
Payment Default. Borrower 'ails to make any payment when due under this Note.
Other Defaults. Borrower fails to comply with or to perform any other term, obligation, -.ovorant or cardition contained in this Note or in
any of the related documents or to comply with or to perform any term, obligation. coverart or condi mi, contained n any other agreement
between tender and Borrower.
Default in Favor of Third Parties. Borrower or any Grantor defaults under any loan, - xtensinn or c :,edit, sect,rty _m._Ireament, purchase or
sales agreement, or any other agreement, in favor of any other cr+iditor or .erscr that n ay ?naterj, ly af`ec, !iy 7t !?orrowttr ; property or
PROMISSORY NOTE
Loan No: 2000123832-200 (Continued)
Borrower's ability to repay this Note or perform Borrower's obligations under this Note or an•J of the related documents.
Page 2
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 ,xistence 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 Borrowor.
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 it there is a good faith dispute by Borrower as to the validity or reasonableness of the claim which s the basis of the creditor or
forfeiture proceeding and if Borrower gives Lander 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 snip 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 of any of the indebtedness or any
Guarantor dies or becomes incompetent, or revokes or disputes the validity of, or liability under, any quaranty of the indebtedness
evidenced by this Note.
Adverse Change, A material adverse change occurs in Borrower's financial corditior. ur Lender believes the prospect of payment or
performance of this Note is impaired.
Insecurity. Lender in good faith believes itself insecure.
LENDER'S RIGHTS. Upon default, Lender may, after giving such notices as required by applicable law, declare ,he entire urpaid 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 it 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 tinctuding efforts to modify or vacate any automatic stay
or injunction), and appeals. if not prohibited by applicable law, Borrower also will pay any court costs, in addition to all other sums provided by
law.
JURY WAIVER. Lender and Borrower hereby waive the right to any jury trial in any action, proceeding, or counterclaim brought by either Lender
or Borrower against the other.
GOVERNING LAW. This Note will be governed by, construed and enforced in accordance with federal law and the laws of the Commonwealth
of Pennsylvania, 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.
SUCCESSOR INTERESTS. The terms of this Note shall be binding upon Borrower, and upon Borrower's heirs, I,ersonal representatives,
successors and assigns, and shall inure to the benefit of Lender and its successors and assigns.
GENERAL PROVISIONS. Lender may delay or forgo enforcing any of its rights or remedies under this Note without losing them. Each Borrower
understands and agrees that, with or without notice to Borrower, Lender may with respect to any other Borrower fa) make one or more
additional secured or unsecured loans or otherwise extend additional credit; (b) alter, Compromise, renew, axtend, accelerate, or otherwise
change ore or more times the time for payment or other terms of any indebtedness, including increases and decreases of the rate of interest ort
the indebtedness; cr exchange, en'orce, waive, suoordinato, fail or decide not to perfect. and release any security, with or without the
substitution of new collateral; (d) apply such security and direct the order or manner of sala thereof, :ncluding without limitation, any
nor-judicial saie permitted by the terms of the controlling security agreements, as Lender in its discretion may determine; (e) release, substitute,
agree not to sue, or deal with any one or more of Borrower's sureties, endorsers, or other guarantors on any terms or in any manner Lender may
choose; and M determine how, when and what application of payments and credits shall be made on any other indebtedness owing by such
other Borrower. Borrower and any other person who signs, guarantees or endorses this Note, to the extent allowed by law, waive presentment,
demand for payment, and notice of dishonor. Upon any change in the terms of this Note, and unless otherwise expressly stated in writing, no
party who signs this Note, whether as maker, guarantor, accommodation maker or endorser, shall be released from liability. All such parties
agree that Lender may renew or extend (repeatedly and for any length of time) this loan or release any panty 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 rutice to anyone other
than the party with whom the modification is made. The obligations under this Note are joint and several. it 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, 1-0 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 ANC,
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 LASS 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 I IMES UNTIL PAYMENT IN
FULL OF ALL AMOUNTS DUE UNDER THIS NOTE. BORROWER HEREBY WAIVES ANY RIGI-C 3ORRCWER MAY HAVE TO NOTICE OR TO A
HEARING IN CONNECTION WITH ANY SUCH CONFESSION OF JUDGMENT AND STATES ?I'AT EITHER A REPRESENTATIVE OF LENDER
SPECIFICALLY CALLED 'HIS CONFESSION OF JUDGMENT PROVISION TO BORRO'WER'S ATTFNTir.N %)R BORROWER HAS BEEN
REPRESENTED BY INDEPENDENT LEGAL COUNSEL.
PROMISSORY NOTE
Loan No: 2000123832-200 (Continued) Page 3
PRIOR TO SIGNING THIS NOTE. EACH BORROWER READ AND UNDERSTOOD ALL THE PROVISIONS OF THIS NOTE. EACH BORROWER
AGREES TO THE TERMS OF THE NOTE.
BORROWER ACKNOWLEDGES RECEIPT OF A COMPLETED COPY OF THIS PROMISSORY NOTE.
THIS NOTE IS GIVEN UNDER SEAL AND IT IS INTENDED THAT THIS NOTE IS AND SHALL CONSTITUTE AND HAVE THE EFFECT OF A
SEALED INSTRUMENT ACCORDING TO LAW.
BORROWER:
c;v
_{Beall
STEVE A HURLEY
X JAAM ?, at'. f,(AA (Seal)
S AN E EY
twa!11 1110 tr.a`•v. J. S l1 Itl W) i..w. - Myuu S- Ta. ?HJ. JCOa N ", -.. v? nrhs i..t w... -- n.o , .. a . w n. ra ,
DISCLOSURE FOR CONFESSION OF JUDGMENT
PririCii?al' Loan; Dater: ; Maturity, lean No Call I Call Account Officer Initials
`
3760" OLIO 60 07=29-2004 1229-2019 2 6113832-2401 CD 336
References in the shaded area are for Lender's use only and do not limit the applicability of this document to any partunilar loan or item.
Any item above containing -* * * ' has been omitted due to text length limitations.
Borrower: STEVE A HURLEY
SUSAN E HURLEY
50 FRYTOWN RD
NEWVILLE, PA 14241
Affiant: STEVE A HURLEY
50 FRYTOWN RD
NEWVILLE, PA 14241
Lender: S&T BANK
Commercial Lending
PO Box 190
Indiana, PA 15701
(724) 319-1800
DISCLOSURE FOR CONFESSION OF JUDGMENT
1 AM EXECUTING, THIS '""?- DAY OF c? 20 -T, A PROMISSORY NOTE FOR $700,000.00
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 OPPORTUNRY 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 1 EXPRESSLY AGREE AND CONSENT TO LENDER'S ENTERING JUDGMENT
AGAINST ME BY CONFESSION AS PROVIDED FOR IN THE CONFESSION OF JUDGMENT PROVISION.
INITIALS:,,",40 ;
B. 1 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, 1 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..
INMALS? d. _fi"
C. AFTER HAVING READ AND DETERMINED WHICH OF THE FOLLOWING STATEMENTS ARE APPLICABLE, AND BY PLACING MY INITIALS
NEXT TO EACH STATEMENT WHICH 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.
AFFIANT:
(Seal}
STEVE A HURLEY
t 1 ?`
b
7
?'E'?3EK ?CdC
DISCLOSURE FOR CONFESSION OF JUDGMENT
Principal tflatt,0ate' Maturity ' L;w.. No call f call
T Accotult O#ficar Initials
oa?.0
00.00
$?.7
.07=29i-2Q04
12=29' 2019
20001238 2400
CD
336
References in the shaded area are for Lender's use only and do not limit the applirabrlity of this document to any oarticul ar In an or item.
Any item above containing "'• ?" has been omitted due to text leriyth limit rtiors,
Borrower: STEVE A HURLEY
SUSAN E HURLEY
50 FRYTOWN RD
NEWVILLE, PA 14241
Lender: S&T BANK
Commercial Lendinq
PO Box 190
Indiana, PA 15701
(724) 319-1600
Affiant: SUSAN E HURLEY
50 FRYTOWN RD
NEWVILLE, PA 14241
DISCLOSURE FOR CONFESSION OF JUDGMENT
1 AM EXECUTING, THIS DAY OF V t?__1 .- _____. ?OZ A PROMISSORY NOTE FOR $700.000.00
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 gDNFESSiON 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 PERMITT D BY APPLICABLE STATE AND FEDERAL LAW, WITHOUT GIVING ME ANY ADVANCE NOTICE.
INITIALS:
C. AFTER HAVING READ AND DETERMINED WHICH OF THE FOLLOWING STATEMENTS ARE APPLICABLE, AND BY PLACING MY INITIALS
NEXT TO EACH STATEMENT WHICH APPLIES. 1 REPRESENT THAT:
INITIALS
--60_ 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 1 INITIALED
AND SIGNED IT: AND THAT 1 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.
AFFIANT:
X A AAA U (Seal)
SUSAN U LE
-t4:-4 F ci in F'
T_ a,3e: - 4
VERIFICATION
Gary Carpenter, Vice President and duly authorized representative of S&T Bank, deposes and
says subject to the penalties of 18 Pa. C.S_A._ §4904 relating to unswom falsification to authorities
that the facts set forth in the foregoing Complaint are true and correct to his infozrnation and belief.
Gary Carpenter
Vice President
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
S&T BANK, ) CIVIL DIVISION
Plaintiff, ) NO.: ?a - 3710
VS. )
STEVE A. HURLEY AND SUSAN E. )
HURLEY, )
Defendants.
NOTICE OF ORDER. DECREE OR JUDGMENT
TO: ( ) Plaintiff
(XX) Defendant -
Steve A. Hurley
50 Frytown Road
Newville, PA 17241-9706
Clivi I -Fem
You are hereby notified that an Order, Decree or Judgment was entered in the above-
captioned proceeding on (0 1-T z
( ) A copy of the Order or Decree is enclosed
OR
(XX) The judgment is as follows:
$541,407.14 with interest on the principal sum ($531,740.86), at the per diem rate
of $88.48 from June 6, 2012, additional late charges from June 6, 2012, plus
reasonable and actually incurred attorney's fees.
Jov
Depti
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
S&T BANK,
Plaintiff,
Vs.
STEVE A. HURLEY AND SUSAN E.
HURLEY,
Defendants.
CIVIL DIVISION
NO.: /a - 37/0
NOTICE OF ORDER, DECREE OR JUDGMENT
TO: ( ) Plaintiff
(XX) Defendant -
Susan E. Hurley
50 Frytown Road
Newville, PA 17241-9706
ow lem
You are hereby notified that an Order, Decree or Judgment was entered in the above-
captioned proceeding on
( ) A copy of the Order or Decree is enclosed
OR
(XX) The judgment is as follows:
$541,407.14 with interest on the principal sum ($531,740.86), at the per diem rate
of $88.48 from June 6, 2012, additional late charges from June 6, 2012, plus
reasonable and actually incurred attorney's fees.
pop
R !
r;LED-Of {C:n
CF Tilt PROTHONOTARY
2012 JUN 2a AM 11: 55
CUMSE L ANO COUNTY
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
S&T BANK,
Plaintiff,
vs.
STEVE A. HURLEY AND SUSAN E
HURLEY,
CIVIL DIVISION
NO.: 12-3710 Civil Term
TYPE OF PLEADING:
AFFIDAVIT OF SERVICE - NOTICE
UNDER RULE 2958.1 OF JUDGMENT
AND EXECUTION THEREON
Defendants. FILED ON BEHALF OF PLAINTIFF:
S&T Bank
COUNSEL OF RECORD FOR THIS
PARTY:
Brian M. Kile
Pa. I.D. #89240
GRENEN & BIRSIC, P.C.
One Gateway Center
Ninth Floor
Pittsburgh, PA 15222
(412) 281-7650
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
S&T BANK,
Plaintiff,
CIVIL DIVISION
NO.: 12-3710 Civil Term
vs.
STEVE A. HURLEY AND SUSAN E.
HURLEY,
Defendants.
AFFIDAVIT OF SERVICE
I, Brian M. Kile, counsel for Plaintiff, S&T Bank, being duly sworn according to law, depose
and make the following Affidavit of Service of Plaintiffs Notice Under Rule 2958.1 of Judgment
and Execution Thereon ("Notice") in this matter upon the Defendants.
1. On June 20, 2012, the undersigned counsel mailed Defendants, Steve A. Hurley and
Susan E. Hurley, with Plaintiffs Notices by certified mail, restricted delivery, return receipt
requested. True and correct copies of said Notices are marked Exhibit "A," attached hereto and made
a part hereof.
2. On or about June 22, 2012, Defendant, Steve A. Hurley, received the Notice in this
matter as evidenced by the Postal Service Form 3811, Domestic Return Receipt No. 701 1 3500 0000
5866 1025 ("Return Receipt). A true and correct copy of the Return Receipt is marked Exhibit "B,"
attached hereto and made a part hereof.
3. On or about June 22, 2012, Defendant, Susan E. Hurley, received the Notice in this
matter as evidenced by the Postal Service Form 3811, Domestic Return Receipt No. 70113500 0000
5866 1018 ("Return Receipt). A true and correct copy of the Return Receipt is marked Exhibit "C,"
attached hereto and made a part hereof.
4. I verify that the facts contained in this Affidavit are true and correct based upon my
personal knowledge, information, and belief.
GRENEN & BIRSIC, P.C.
SWORN TO AND SUBSCRIBED BEFORE ME
By:
Brian M. Kile
Attorneys for Plaintiff
THI?AY OF ?- -?-? , 2012. One Gateway Center, Ninth Floor
Pittsburgh, PA 15222
,.a (412) 281-7650
Notary Public
COMMONWEALTH OF PENNS`'LVANIA
Notarial Seel
Joanne M. Wehner, Notary °uolic
City of Pittsburgh, Alleghen7y County
My commission Expires Juna 19; 2013
M€rmt)ar, h? ttt?dY NO r19He "t41i , ;u.t
EXHIBIT "A"
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
S&T BANK,
Plaintiff,
vs.
STEVE A. HURLEY AND SUSAN E
HURLEY,
Defendants.
CIVIL DIVISION
NO.: 12-3710 Civil Term
NOTICE UNDER RULE 2958.1 OF JUDGMENT
AND EXECUTION THEREON
NOTICE OF DEFENDANT'S RIGHTS
TO: Susan E. Hurley
50 Frytown Road
Newville, PA 17241-9706
A judgment in the amount of $541,407.14 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.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO
NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW.
THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A
LAWYER.
IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE
TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER
LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE.
Cumberland County Bar Association
32 S. Bedford Street
Carlisle, PA 17013
(717) 249-3166 or Toll Free (800) 990-9108
GRENEN & BIRSIC, P.C.
Dated:-- k -L- BY A - u-
Brian M. Kile, Esquire
Pa. I.D. #89240
Attorneys for Sc&T Bank
One Gateway Center-Ninth Floor
Pittsburgh, PA 15222
(412) 281-7650
VIA CERTIFIED MAIL, RESTRICTED DELIVERY, RETURN RECEIPT REQUESTED
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
S&T BANK,
Plaintiff,
CIVIL DIVISION
NO.: 12-3710 Civil Term
vs.
STEVE A. HURLEY AND SUSAN E
HURLEY,
Defendants.
NOTICE UNDER RULE 2958.1 OF JUDGMENT
AND EXECUTION THEREON
NOTICE OF DEFENDANT'S RIGHTS
TO: Steve A. Hurley
50 Frytown Road
Newville, PA 17241-9706
A judgment in the amount of $541,407.14 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.
a
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.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO
NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW.
THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A
LAWYER.
I ''I
IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE
TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER
LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE.
Cumberland County Bar Association
32 S. Bedford Street
Carlisle, PA 17013
(717) 249-3166 or Toll Free (800) 990-9108
GRENEN & BIRSIC, P.C.
Dated: h Z (Z' By:
Brian M. Kile, Esquire
Pa. I.D. #89240
Attorneys for S&T Bank
One Gateway Center-Ninth Floor
Pittsburgh, PA 15222
(412) 281-7650
VIA CERTIFIED MAIL, RESTRICTED DELIVERY, RETURN RECEIPT REQUESTED
EXHIBIT "B"
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Soe Reverse for It,,,,,,,,ions
¦ C impkde Items 1, 2. and & Also complete
Item 4 K Restricted Ddvwy is decked.
¦ Print your name and address on the reverse
so that we can retum the card to you.
¦ Attach this card to the back of the mallplace,
or on the front If space permits.
1. Article Addressed to
2. Article Number
( wnfsr fAom servbe kw
Ps Form 3811, February 2004
A.
B. Received by (Rrlgted Nerve)
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If YES, enter dWlvwy tdrke an below: ? No
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Return
Receipt for Merchandise
O insured Mail ? C.O.D.
4. Pm*lcbd DeNvery? (Ekbe Fey crYAm
7011 3500 0000 5866 1025
Domestic Retum Receipt 102596.02-WIS40
EXHIBIT "C"
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¦ Print your name and address on the reverse
so that we can return the card to you.
¦ Attach this card to the beck of the mallpiece.
or on the front If space pem?ib.
1. Article Addreesed to:
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? Agent
p Addressee
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D. la del" address dupe m.t bm 1? `hs
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Patum Receipt for Merchandise
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p insured ma O C.O.D.
if ee
4. Restricted D~ P ft Fb#
2. Article Nurntw
5866 10118
(1ih;resler from service rabeq ?011 3 500
PS Form 3811, February 2004 Domeatic Return Receipt 10 '02-WI540