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HomeMy WebLinkAbout13-2723 FILED OF T,HE PROTHONOTp y 2013 KAY 14 PM 2: 16 BARLEY SNYDER CUMBERLAND COUNTY William F. Colby, Jr., Esquire PENNSYLVANIA Keith Mooney, Esquire Court I.D. No. 46880; 74001 50 North Fifth Street, P.O. Box 942 Reading, PA 19603 -0942 (610) 376 -6651 Attorney for Plaintiff SUSQUEHANNA BANK FORMERLY COURT OF COMMON PLEAS OF SUSQUEHANNA BAN K PA CUMBERLAND COUNTY, Plaintiff PENNSYLVANIA V. CIVIL ACTION — LAW HAROLD F. DUMAIS, CONFESSION OF JUDGMENT Defendant No. 13 -, a n - '/ CONFESSION OF JUDGMENT Pursuant to the authority contained in the Warrant of Attorney, a true and correct copy of which is attached to the Complaint filed in this action, I appear for the Defendant and confess judgment in favor of the Plaintiff and against the Defendant, as follows: Principal Balance $79,877.82 Interest to and including 5/1/13 2 Late Fees 276.56 Satisfaction Fees 130.00 Attorneys' Fees for Confession 8,233.21 Total $ 90,971.89 Interest continues to accrue at the per diem rate of $15.53 from May 1, 2013, continuing late fees, and costs of collection. BARLEY S ER By: William F. lby, Jr., s ire Keith Moo ey, Esquire Attorney for Plaintiff /� �-� 3735921 l/ n� ��# sQ 99 y Y t OF SHE X00��;�� , 0 TAR � CUMBERLA P� 2. 16 �'El�t S C OU N TY I BARLEY SNYDER William F. Colby, Jr., Esquire Keith Mooney, Esquire Court I.D. No. 46880; 74001 50 North Fifth Street, P.O. Box 942 Reading, PA 19603 -0942 (610) 376 -6651 Attorney for Plaintiff SUSQUEHANNA BANK FORMERLY COURT OF COMMON PLEAS OF SUSQUEHANNA BAN K PA CUMBERLAND COUNTY, Plaintiff PENNSYLVANIA V. CIVIL ACTION — LAW HAROLD F. DUMAIS, CONFESSION OF JUDGMENT Defendant No. ' 3 • oL� v�� �11 COMPLAINT CONFESSION OF JUDGMENT 1. The Plaintiff, Susquehanna Bank, is a banking corporation maintaining an address of 307 International Circle, Suite 600, Hunt Valley, MD 21030 -1376. 2. Harold F. Dumais (the "Defendant ") is an adult individual with a last known address of 19 Hamlet Street, Pascoag, RI 02859. 3. On February 23, 2009, for value received, in connection with a commercial, and not a consumer, transaction, Defendant executed to the order of, and delivered to Plaintiff a certain Promissory Note (the "Note ") pursuant to which the Defendant promised to pay to Plaintiff the principal amount of Eighty -eight Thousand Five Hundred Dollars ($88,500.00), plus interest and late fees thereon as therein provided. A true and correct copy of the Note is attached hereto, made a part hereof, and marked as Exhibit "A." A true and correct copy of the 3933223 -1 Disclosure for Confession of Judgment is attached hereto, made a part hereof, and marked as Exhibit `B ". 4. The Note has not been assigned and the Plaintiff is the owner of the Note. 5. This Court has subject matter jurisdiction over all causes of action under the Note. 6.- The Defendant is in default under the Note because the Defendant has failed, refused, and continues to fail and refuse to pay the monthly payments from December 23, 2012, and monthly thereafter due Plaintiff under and pursuant to the Note. 7. The Plaintiff made demand upon Defendant for payment under and pursuant to the terms and conditions of the Note, which the Defendant has failed and refused to pay. A true and correct copy of the demand is attached hereto, made a part hereof, and marked as Exhibit « C 15 8. Judgment is not being entered by confession against a natural person in connection with a consumer credit transaction. 9. Judgment has not been entered on the warrant of attorney contained in the Note in any jurisdiction. 10. An itemization of the amount due and owing to the Plaintiff by the Defendant under the Note, as of May 1, 2013, is as follows: Principal Balance $79,877.82 Interest to and including 5/1/13 2,454.30 Late Fees 276.56 Satisfaction Fees 130.00 Attorneys' Fees for Confession 8,233.21 Total $ 90,971.89 Interest continues to accrue at the per diem rate of $15.53 from May 1, 2013, continuing late fees, and costs of collection. 3933223 -1 1 1. The warrant of attorney contained in the Note provides for the confession of judgment against the Defendant for the entire principal balance owed under the Note, all accrued interest, late charges, together with costs of suit and an attorney's commission of ten percent (10 %) of the unpaid principal balance and accrued interest. WHEREFORE, Susquehanna Bank, Plaintiff, prays your Honorable Court to grant judgment in favor of the Plaintiff and against the Defendant in the sum of Ninety Thousand Nine Hundred Seventy -one Dollars and Eighty -nine Cents ($90,971.89), plus interest at the per diem rate of $15.53, from May 1, 2013, and costs of collection. BARLEY SNYDER By: , William F. C lby, Jr., Es wire Keith Mooney, Esquire Attorneys for Plaintiff 3933223 -1 EXHIBIT "A" Susquehanna Susquehanna Bank PROMISSORY NOTE. #'rdnci al t~v�an3aE6 flat r .: .... ;....: tY.:........c t .. ..........::::...:.:A . :. : ... .....................)......... :..- ..:::.:........................................::.:................. .............................., .,.:.:.:........... :................:.:..:.::..:.: ,czar: >: 5.ttii:.QQ::;:; >.:: , .:... ..:.:...::.. ,.::::, ,.::.:..:.::::::::.:::::. s C3AAisd�56:.::::: »:::::.. References in the boxes above are for Lender's use only and do not Ilmit the appllcabliity of this document to any particular loan or item. An Item above containing "" has been omitted due to text length limitations. BO"o Wer: Harold F. Dumals Lender: Susquehanna Bank 19 Hamlet Street Camp HIII Pascoag, RI 02859 -3007 201 St Johns Church Road Camp Hill, PA 17011 Principal Amount: $88,500.00 Date of Note: February 23, 2009 PROMISE TO PAY. Harold F. Dumals ( "Borrower") promises to pay to Susquehanna Bank ( "Lender "), or order, In lawful money of the United States of America, the principal amount of Eighty-elght Thousand Five Hundred $ 00/100 Dollars ($88,500.00), together with Interest on the unpaid principal balance from February 23, 2009, calculated as described In the "INTEREST CALCULATION METHOD" paragraph using an Interest rate of 7.000% per annum based on a year of 360 days, until paid In full. The Interest rate may change under the terms and conditions of the "INTEREST AFTER DEFAULT" section. PAYMENT. Borrower will pay this loan In 59 regular payments of $691.35 each and one Irregular last payment estimated at $77,143.32. Borrower's first payment Is due March 23, 2009, and all subsequent payments are due on the same day of each month after that. Borrower's final payment:wlll be due on February 23, 2014, and will be for all principal and all accrued Interest not yet paid. Payments Include principal and Interest. Unless otherwise agreed or required by applicable law, payments will be applied to accrued unpaid billed Interest, then to principal and any remaining amount to any unpaid collection costs and late charges. Borrower will pay Lender at Lender's address shown above or at such other place as Lender may designate In writing. INTEREST CALCULATION METHOD. Interest on this Note Is computed on a 365/360 basis; that is, by applying the ratio of the 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. All Interest payable under this Note Is computed using this method. PREPAYMENT PENALTY; MINIMUM INTEREST CHARGE. Borrower agrees that all loan fees and other prepaid finance charges are earned fully as of the date of the loan and will not be subject to refund upon early payment (whether voluntary or as a result of default), except as otherwise required by law. , In any event, even upon full prepayment of this Note, Borrower understands that Lender Is entitled to a minimum Interest charge of $25.00. 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 eadier 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 conceming 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 c/o Loan Operations, P.O. Box 2010 Lititz, PA 17543. LATE CHARGE. If a payment is 10 days or more late, Borrower will be charged 10.000% of the regularly scheduled payment or $20.00, whichever Is greater. INTEREST AFTER DEFAULT. Upon default, including failure to pay upon final maturity, the interest rate on this Note shall be Increased by 4.000 percentage points. If judgment Is entered In connection with this Note, interest will continue to accrue after the date of Judgment at the rate In effect at the time judgment is entered. However, in no event will the Interest rate exceed the maximum interest rate limitations under applicable law. DEFAULT. Each of the following shall constitute an event of default ( "Event of Defaulr) under this Note: Payment Default. Borrower fails to make any payment when due under this Note. Other Defaults. Borrower falls 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 Gra*r defaults under any loan, extension of credit, security agreement, purchase or sales agreement, or any other agreement, In favor of and other creditor or person that may materially affect any of Borrower's property or Borrower's ability to repay this Note or.perform BorroweX obligations under this Note or any of the related documents. False Statements. Any warranty, representation or statement made or furnished to Lender by Borrower or on Borrower's behalf under this Note or the related documents Is false or misleading In any material respect, either now or at the time made or furnished or becomes false or misleading at any time thereafter. Death or Insolvency. The death of Borrower or the dissolution or termination of Borrower's existence as a going business, the Insolvency of Borrower, the appointment of a receiver for any part of Borrower's property, any assignment for the benefit of creditors, any type of creditor workout, or the commencement of any proceeding under any bankruptcy or insolvency laws by or against Borrower. Creditor or Forfeiture Proceedings. Commencement of foreclosure or forfeiture proceedings, whether by judicial proceeding, self -help, repossession or any other method, by any creditor of Borrower or by any governmental agency against any collateral securing the loan. This includes a garnishment of any of Borrower's accounts, Including deposit accounts, with Lender. However, this Event of Default shall not apply If there Is a good faith dispute by Borrower as to the validity or reasonableness of the claim which is the basis of the creditor or forfeiture proceeding and if Borrower gives Lender written notice of the creditor or forfeiture proceeding and deposits with Lender monies or a surety bond for the creditor or forfeiture proceeding, in an amount determined by Lender, in Its sole discretion, as being an adequate reserve or bond for the dispute. Events Affecting Guarantor. Any of the preceding events occurs with respect to any guarantor, endorser, surety, or accommodation party of any of the Indebtedness or any'guarantor, endorser, surety, or accommodation party dies or becomes Incompetent, or revokes or disputes the validity of, or liability under, any guaranty of the Indebtedness evidenced by this Note. 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 (15) days; or (2) if the cure requires more than fifteen (15) days, Immediately initiates steps which Lender deems in Lender's sole discretion to be sufficient to cure the default and thereafter continues and completes all reasonable and necessary steps sufficient to produce compliance as soon as reasonably practical. LENDER'S RIGHTS. Upon default, Lender may, after giving such. notices as required by applicable law, declare the entire unpaid principal balance under this Note and all accrued unpaid Interest Immediately due, and then Borrower will pay that amount. PROMISSORY NOTE Loan No: 10006524721 (Continued) ' Page 2 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 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 February 23, 2009, 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. 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, (ii) this loan, (ill) 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 Borrower has previously established or may from time to time establish with any of the Susquehanna Bancshares, Inc. family of companies In the future. 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. 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 ($500) ON WHICH JUDGMENT OR JUDGMENTS ONE OR MORE EXECUTIONS MAY ISSUE IMMEDIATELY; AND FOR SO DOING, THIS NOTE OR A COPY OF THIS NOTE VERIFIED BY AFFIDAVIT SHALL BE SUFFICIENT WARRANT. THE AUTHORITY GRANTED IN THIS NOTE TO CONFESS JUDGMENT AGAINST BORROWER SHALL NOT BE EXHAUSTED BY ANY EXERCISE OF THAT AUTHORITY, BUT SHALL CONTINUE FROM TIME TO TIME AND AT ALL TIMES UNTIL PAYMENT IN FULL OF ALL AMOUNTS DUE UNDER THIS NOTE. BORROWER HEREBY WAIVES ANY RIGHT BORROWER MAY HAVE TO NOTICE OR TO A HEARING IN CONNECTION WITH ANY SUCH CONFESSION OF JUDGMENT AND STATES THAT EITHER A REPRESENTATIVE OF LENDER SPECIFICALLY CALLED THIS CONFESSION OF JUDGMENT PROVISION TO BORROWER'S ATTENTION OR BORROWER HAS BEEN REPRESENTED BY INDEPENDENT LEGAL COUNSEL. PRIOR TO SIGNING THIS NOTE, BORROWER READ AND UNDERSTOOD ALL THE PROVISIONS OF THIS NOTE. BORROWER AGREES TO THE TERMS OF THE NOTE. BORROWER ACKNOWLEDGES RECEIPT OF A COMPLETED COPY OF THIS PROMISSORY NOTE. THIS NOTE IS GIVEN UNDER SEAL AND IT IS INTENDED THAT THIS NOTE IS AND SHALL CONSTITUTE AND HAVE THE EFFECT OF A SEALED INSTRUMENT ACCORDING TO LAW. BORROWER: X j6 y We k, ( Seal) Harold F. Dumals LASER Mip Lx,fnq Vm. EA1.00.OD1 Cop.NW,p Flnw,tlNfiolWej, Imy, mg. Mp hw P_ .p� H18U60VEM�NIN1CFplKNiO.pC _u Pq�J EXHIBIT "B" DISCLOS AE FOR CONFESSION OF JU .3MENT } ......::: ::...::L rran.:a3ate..::.::.::::::... .i)0.._..._.....13�:.:2.�. UU9._. Q��3. -�Q�4 �:✓1�43Q652�7�� a References in the boxes above are for Lenders 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. Declarant: Harold F. Dumais 19 Hamlet Street Lender: Susquehanna Bank Pascoag, RI 02859 -3007 Camp Hill 201 St Johns Church Road Camp Hill, PA 17011 D)SCLOSURE FOR CONFESSION OF JUDGMENT I AM EXECUTING, THIS DAY OF ME TO REPAY THAT AMO 20 O `, A PROMISSORY NOTE FOR $88,500.00 OBLIGATING �' 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, 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. 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. 1FQ OA 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 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. DECLARANT:: X (V�(/) 1M f �� ( Seal) Harold F. Dumais LNER FRO �MITIIp. vr. bA.OVAbI (:opr. MMrq FbNp,l EahWm., Mc 1BB1,'3Wb p� NRIpM. RwvE. N TgJiW PR�1 EXHIBIT "C" usquehanna Susquehanna Bancshares, Inc. 307 International Circle Suite 600 Hunt Valley, MD 21030 -1376 VIA I ST CLASS MAIL AND CERTIFIED MAIL RETURN RECEIPT REQUESTED. February 7, 2013 Harold F. Dumais 91 7199 9991 7030 6649 6946 19 Hamlet Street Pascoag, RI 02859 -3007 RE: Loan number 10006524721 in the original principal amount of $88,500.00 secured by real property commonly known as 619 Hummel Avenue, Lemoyne, Pennsylvania. Pursuant to the terms and provisions of a Promissory Note, Open -End Mortgage and Security Agreement and an Assignment of Rents dated February 23, 2009 in the amount of $88,500.00 as well as various documents relating thereto or executed in connection therewith (collectively, the "Loan Documents ") between Harold F. Dumais as borrower and Susquehanna Bank as lender, this letter is to advise that: You are in default under the Loan Documents because you failed to make payments when and as due under the terms thereof on December 23, 2012 and January 23, 2013. Consequently, the Lender has exercised its right to declare all amounts outstanding under the Loan Documents to be immediately due and payable. As of February 7, 2013, the balance outstanding under the Loan Documents is $81,326.80 and will accrue interest daily in the amount of $15.53 everyday thereafter. In addition to the above amounts, the Borrower will be obligated to pay all reasonable attorney's fees and expenses incurred by the Lender in enforcing the Loan Documents. The Lender hereby demands that you pay the amounts set forth by certified check, cashier's check or wire transfer on or before February 17, 2013. Funds should be directed to Susquehanna Bank, 307 International Circle, Suite 600, Hunt Valley, MD 21030, Attn: Alison Fair. If the required funds are not paid by February 17, 2013, sale of the collateral, including real property known as 619 Hummel Avenue, Lemoyne, Pennsylvania, may occur. Nothing in this letter should be deemed an agreement by the Lender to forbear from enforcing any rights or remedies available to it under the Loan Documents or applicable law. Moreover, acceptance by the Lender of payment, of less than the full amount due under the Loan Documents shall not constitute a waiver of the demand for payment of all amounts due, or any of the rights available to the Lender under the Loan Documents or applicable law. Sincerely, Alison Fair Loan Workout Officer Phone: 410 -316 -0274 VERIFICATION SUSQUEHANNA BANK FORMERLY SUSQUEHANNA BANK PA vs. HAROLD F. DUMATS 1, ALISON FAIR, being duly affirmed according to law, depose and say that I am Loan Workout Officer for Susquehanna Bank formerly Susquehanna Bank PA; that I am authorized to make this Verification on its behalf and that the facts set forth in the foregoing Complaint are true and correct to the best of my knowledge, information, and belief. To the extent that any of the averments in the foregoing document are based upon the understanding or application of law, I have relied upon counsel in making this Verification. This Verification is made subject to the penalties of 18 Pa. C.S.A. §4904, relating to unsworn falsification to authorities. Date: t �( * i sonFai :-' r :�—� Oaf' T HE E PRO Tf O IC ) �i 2013 MA Y 14 P� 2: � � CUP'fBERLAND COUNry I ENNSYLVANIA BARLEY SINTYDER William F. Colby, Jr., Esquire Keith Mooney, Esquire Court I.D. No. 46880; 74001 50 North Fifth Street, P.O. Box 942 Reading, PA 19603 -0942 (610) 376 -6651 Attorney for Plaintiff SUSQUEHANNA BANK FORMERLY COURT OF COMMON PLEAS OF SUSQUEHANNA BAN K PA CUMBERLAND COUNTY, Plaintiff PENNSYLVANIA V. CIVIL ACTION — LAW HAROLD F. DUMAIS, CONFESSION OF JUDGME T Defendant No. 3 ` d - ?a 3 C�/l ENTRY OF APPEARANCE Kindly enter the appearance of William F. Colby, Jr., Esquire, Keith Mooney, Esquire, Barley Snyder on behalf of Plaintiff, Susquehanna Bank, in the above - captioned matter. Serve all papers at 50 North Fifth Street, 2nd Fl., P.O. Box 942, Reading, PA 19603 -0942. Respectfully submitted, BARLEY SNYDER By William F. Volby, Jr., sq ire Keith Mooney, Esquire Attorney for Plaintiff 3933223 -1 i OF FILE D­OFFIC�' THE PRO r 1joNo DI P BARLEY SNYDERBERL 2% Keith Mooney, ey, Esquire squire PEPJfdsYLVAlylA TY Court I.D. No. 46880; 74001 50 North Fifth Street, P.O. Box 942 Reading, PA 19603 -0942 (610) 376 -6651 Attorney for Plaintiff SUSQUEHANNA BANK FORMERLY COURT OF COMMON PLEAS OF SUSQUEHANNA BAN K PA CUMBERLAND COUNTY, Plaintiff PENNSYLVANIA V. CIVIL ACTION — LAW HAROLD F. DUMAIS, CONFESSION ^�O^.FF JUDGMENT Defendant No `? • a (d-3 AFFIDAVIT OF BUSINESS PURPOSE STATE OF MARYLAND ss COUNTY OF /// Before me, the undersigned authority, personally appeared ALISON FAIR, who being duly sworn according to law, doth depose and say that the Promissory Note and Commercial Guaranty which is the subject matter of this Complaint for Confession of Judgment for money damages was entered into solely for business purposes, and not for the purpose of any personal, household, family or residential uses, as of the date of this Affidavit. Alison Fair SWORN TO and subscribed before me this _! day of MAY , 2013. �o`�i��uu9ouuui DEAN p'''o,, V a Vpzblic = x :'2 0 MY COMMISSION Z ' EXPIRES 9 4/27/2014 COON 3933223 -1 f. r' ILED 1" jct� F :'c PROTNLNOTA BARLEY SNYDER 2013 MA Y 14 PM Z: 16 CU BE�LANO COUNTY William F. Colby, Jr., Esquire P Keith Mooney, Esquire Court I.D. No. 46880; 74001 50 North Fifth Street, P.O. Box 942 Reading, PA 19603 -0942 (610) 376 -6651 Attorney for Plaintiff SUSQUEHANNA BANK FORMERLY COURT OF COMMON PLEAS OF SUSQUEHANNA BAN K PA CUMBERLAND COUNTY, Plaintiff PENNSYLVANIA V. CIVIL ACTION — LAW HAROLD F. DUMAIS, CONFESSION OF JUDGMENT Defendant No NON - MILITARY AFFIDAVIT STATE OF MARYLAND ss COUNTY OF Before me, the undersigned authority, personally appeared Alison Fair, who being duly sworn according to law, doth depose and say that Harold F. Dumais, the Defendant, is not in the Military or Naval Service based on the following facts: Age of Defendant: 45 Last known place of employment: Unknown Last known place of residence: 19 Hamlet Street Pascoag, RI 02859 as of the date of this Affidavit. Alison Fair SWORN TO and subscribed before me ,` 11 this P day of v , 2013. . ��� Q�d EAN q� MY `n O, Nekykikl 7c COMM ISSION . Z EXPIRES $ Q •. 4/27/2014 , 'g. p 3933223 -1 Results as of: May -08 -2013 08:59:55 Department of Defense Manpower Data Center SCRA3.0 Status Repoft p to Semi embers Civil Relief Act Last Name: DUMAIS First Name: HAROLD Middle Name: F Active Duty Status As Of: May -08 -2013 ' On Active Duty On Active Duty Status Date 'Adive Duty Start Date - Active Duty End Date Status Service Component - Y NA This response refle e ,¢i d _ fart, n ?n `hEAdl. Dr '�latus Date - - _ Left Active Duty within 367 Days of Active Duty Status Date - Active Duty Start.Date '_ Active Duty End Date - Status" - Service component - NA NA This response reflects e� id left acti.d s to h�un8i3 days precedit�j U 9 pti ity Status Dale . Este ` •t i, ' _ F :q•_ i The Member or FhslFler Unit was Notified of Future Call. to Active Duty on Active Duty Status Date ' . Order Nd0catipn Start Date - - Order Notification End Date - status, - Service Component - NA This response reflects whether diedI br unit has recg yno"� f d t.-port for active duty Upon searching the data banks of the Department of Defense Manpower hDapaTe , sed on the information that you provided, the above is the status of the individual on the active duty status date as to all branches of the Uniformed Services (Army, Navy, Marine Corps, Air Force, NOAA, Public Health, and Coast Guard). This status includes information on a Servicemember or his/her unit receiving notification of future orders to report for Active Duty, HOWEVER, WITHOUT A SOCIAL SECURITY NUMBER, THE DEPARTMENT OF DEFENSE MANPOWER DATA CENTER CANNOT AUTHORITATIVELY ASSERT THAT THIS IS THE SAME INDIVIDUAL THAT YOUR QUERY REFERS TO. NAME AND DATE OF BIRTH ALONE DO NOT UNIQUELY IDENTIFY AN INDIVIDUAL. Y10M, IKA A.411 y Mary M. Snavely- Dixon, Director Department of Defense - Manpower Data Center 4800 Mark Center Drive, Suite 04E25 Arlington, VA 22350 Ci THE PROT ,OROTAR t. 3 2013 NAY 14 PH 2 16 CUMsERLANO COUNTY PENNS YLVANIA ENNSYLVANIA William F. Colby, Jr., Esquire Keith Mooney, Esquire Court I.D. No. 46880; 74001 50 North Fifth Street, P.O. Box 942 Reading, PA 19603 -0942 (610) 376 -6651 Attorney for Plaintiff SUSQUEHANNA BANK FORMERLY COURT OF COMMON PLEAS OF SUSQUEHANNA BAN K PA CUMBERLAND COUNTY, Plaintiff PENNSYLVANIA V. CIVIL ACTION — LAW HAROLD F. DUMAIS, CONFESSION OF JUDGMENT Defendant No. C LVI' CERTIFICATE OF RESIDENCE PA. R.C.P. 236 1, Keith Mooney, Esquire, Attorney for the Plaintiff, hereby certify to the best of my knowledge, information and belief that the name and current address of each party is as follows: The address of the Plaintiff, Susquehanna Bank, is 307 International Circle, Suite 600, Hunt Valley, MD 21030 -1376. The registered address for the Defendant, Harold F. Dumais, is 19 Hamlet Street, Pascoag, RI 02859. Respectfully submitted, BARLEY SNY By: William F. C 1 y, squi Keith Mooney, ire Attorney for Plaintiff 3933223 -1 SUSQUEHANNA BANK FORMERLY COURT OF COMMON PLEAS OF SUSQUEHANNA BAN K PA CUMBERLAND COUNTY, Plaintiff PENNSYLVANIA V. CIVIL ACTION - LAW HAROLD F. DUMAIS, CONFESSION OF JUDGMENT Defendant ^ No. 3 _a 0Z-z (f (X) Notice is hereby given that a judgment in the above - captioned matter has been entered against you in the amount of $90,971.89, on May , 2013. (X) A copy of all documents filed with the Prothonotary in support of the within judgment are enclosed. Prothonotary Civil Division By: If you have any questions regarding this Notice, please contact the filing party: NAME: William F. Colby, Jr. Esquire Keith Mooney, Esquire Barley Snyder ADDRESS: 50 North Fifth Street P.O. Box 942 Reading, PA 19603 TELEPHONE:(610) 376 -6651 (This Notice is given in accordance with Pa.R.C.P.236.) NOTICE SENT TO: NAME: Harold F. Dumais 19 Hamlet Street Pascoag, RI 02859 3933223 -1 rid" n � c � TI' t"'�7i FZ BARLEY SNYDER Pill 2: 3 William F. Colby, Jr., Esquire CUfIB h L A NI) Keith Mooney, Esquire q �' 'NS y��A i4I A��T',' Court I.D. No. 46880; 74001 50 North Fifth Street, P.O. Box 942 Reading, PA 19603-0942 (610) 376-6651 Attorney for Plaintiff SUSQUEHANNA BANK FORMERLY COURT OF COMMON PLEAS OF SUSQUEHANNA BAN K PA CUMBERLAND COUNTY, Plaintiff PENNSYLVANIA V. CIVIL ACTION—LAW HAROLD F. DUMAIS, CONFESSION OF JUDGMENT Defendant No. 13-2723 PRAECIPE FOR WRIT OF EXECUTION UPON A CONFESSED JUDGMENT To the Prothonotary: Issue a writ of execution upon a judgment entered by confession in the above matter, 1. Directed to the Sheriff of Cumberland County, Pennsylvania; 2. against Harold F.Dumais, Defendant; 3. and against the following Garnishee: 4. and enter this Writ in Judgment index (a) against Harold F.Dumais, Defendant; and (b) against as Garnishee as a lis pendens against real property of the defendant in name of garnishee as follows: Qu.00 cep .� 7L/'S6 PJ as as d 3948909 Sa LL 5. Amount Due: $ 90,971.89 Interest per diem $15.53 from 5/1/13 $ Costs to be added $ BARLEY SNYDER By: Will'am F. olby, Jr., Esquire Keith Mooney, Esquire Attorney for Plaintiff 50 North Fifth Street P. 0. Box 942 Reading, PA 19603 Telephone: 610-376-6651 2,9113 I.D. #46880; 206319 , 2013 Certification I certify that (a) This praecipe is based upon a judgment entered by confession, and (c) Notice will be served at least thirty days prior to the date of the sheriff s sale of real property pursuant to Rule 2958.2. Wil iam . Colby, Jr. Keith Mooney 3948909-1 PROPERTY DESCRIPTION ALL THAT CERTAIN tract of land located in the Borough of Lemoyne, County of Cumberland, Commonwealth of Pennsylvania, bounded and described as follows: BEGINNING at a point on the Northern line of Hummel Avenue, on the dividing line between Lots No. 81 and 82, Section "D" on the plan of lots hereinafter mentioned; thence, in a Westerly direction along the northern line of Hummel Avenue seventeen and one-half(17-1/2) feet to a point on the line running through the center of the partition wall of the double two and one-half story dwelling house erected in the lot hereby conveyed and on the lot adjoining on the West; thence, in a Northerly direction along said line through the center of said partition wall and beyond one hundred fifty (150) feet, more or less, to Apple Alley; thence, in an Easterly direction along the Southern line of Apple Alley seventeen and one-half(17-1/2) feet more or less, to Lot No. 81, Section "D: one hundred fifty (15 0) feet to Hummel Avenue at the point and lace of BEGINNING. BEING the Eastern portion of Lot No. 82, Section "D" on Plan of Lots known as Plan No. 1, Riverton, PA, said plan being recorded in the Cumberland County Recorder of Deeds Office in Deed Book"J", Volume 4, Page 40. HAVING THEREON ERECTED the Eastern one-half of a two and one-half (2-1/2) story swelling house being known as No. 619 Hummel Avenue, Lemoyne, Pennsylvania. BEING KNOWN as Tax Parcel#12-22-0824-145. SEIZED IN EXECUTION AS THE PROPERTY OF HAROLD F. DUMAIS 3948909-1 PRc 2013 AJG ../ BARLEY SNYDER �'EJVf s YLVA Nl,q 4 ti William F. Colby, Jr., Esquire Keith Mooney, Esquire Court I.D. No. 46880; 74001 50 North Fifth Street, P.O. Box 942 Reading, PA 19603-0942 (610) 376-6651 Attorney for Plaintiff SUSQUEHANNA BANK FORMERLY COURT OF COMMON PLEAS OF SUSQUEHANNA BANK PA CUMBERLAND COUNTY, Plaintiff PENNSYLVANIA V. CIVIL ACTION—LAW HAROLD F. DUMAIS, CONFESSION OF JUDGMENT Defendant No. 13-2723 AFFIDAVIT PURSUANT TO RULE 3129.1 Susquehanna Bank, Formerly Susquehanna Bank PA, Plaintiff in the above action, sets forth as of the date the Praecipe for Writ of Execution was filed to the following information concerning the real property located at 619 Hummel Avenue, Borough of Lemoyne, Cumberland County, Pennsylvania; Parcel No. 12-22-0824-145. 1. Name and address of Owners(s) or Reputed Owner(s): Name: Harold F. Dumais Address: 19 Hamlet Street Pascoag, RI 02859 2. Name and address of Defendant(s) in the Judgment: Name: Harold F. Dumais Address: 19 Hamlet Street Pascoag, RI 02859 3. Name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: Susquehanna Bank 307 International Circle, Suite 600 Hunt Valley, MD 21030 3948909-1 Cumberland County Tax Claim Bureau 1 Courthouse Square Old Courthouse, Rm 106 Carlisle, PA 17013 4. Name and address of the last recorded holder of every mortgage of Record: Susquehanna Bank 307 International Circle, Suite 600 Hunt Valley, MD 21030 5. Name and address of every other person who has any record lien on their property: Commonwealth of Pennsylvania Internal Revenue Service Department of Revenue WMS Moorhead Federal Building Bureau of Compliance Advisory Seventh Floor 1000 Liberty Avenue - Room 704 Strawberry Square Pittsburgh, PA 15222 Harrisburg, PA 17128-0101 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: None at this time. 7. Name and address of every other person of who the plaintiff has knowledge who has any interest in the property that may be affected by the sale: Tenant/Occupant 619 Hummel Avenue Lemoyne, PA 17043 Pennsylvania Department of Public Welfare TPL Casualty Unit, Estate Recovery Program PO Box 8486 Willow Oak Building Harrisburg, PA 17105-8486 Rhode Island Division of Taxation One Capitol Hill Providence, RI 02908 3948909-1 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge of information and belief. I understand that false statements herein are made subject to the penalties of 18 PA C.S. § 4904 relating to unsworn falsification to authorities. BARLEY SNYDER Date: I l'� By: William F. Colby,Jr., Esquire Keith Mooney, Esquire Attorneys for Plaintiff 3948909-1 PRO t'0 0-'] } R�S A ND Pd Yt VA���,� BARLEY SNYDER William F. Colby, Jr., Esquire Keith Mooney, Esquire Court I.D. No. 46880; 74001 50 North Fifth Street, P.O. Box 942 Reading, PA 19603-0942 (610) 376-6651 Attorney for Plaintiff SUSQUEHANNA BANK FORMERLY COURT OF COMMON PLEAS OF SUSQUEHANNA BANK PA CUMBERLAND COUNTY, Plaintiff PENNSYLVANIA V. CIVIL ACTION—LAW HAROLD F. DUMAIS, CONFESSION OF JUDGMENT Defendant No. 13-2723 NOTICE TO PURSUANT TO PA. R.C.P. 3129 NOTICE IS HEREBY GIVEN by the following parties who holds a mortgage, against the real estate of Harold F. Dumais, located 619 Hummel Avenue, Borough of Lemoyne, Cumberland County,Pennsylvania; Parcel No. Susquehanna Bank 307 International Circle, Suite 600 Hunt Valley,MD 21030 You are hereby notified that on December 4, 2013, at 10:00 o'clock A.M., prevailing time, by virtue of a Writ of Execution issued out of the Court of Common Pleas of Cumberland County, Pennsylvania, on the judgment of Susquehanna Bank vs. Harold F. Dumais, No. 2013- 2723, the Sheriff of Cumberland County, Pennsylvania will expose at Public Sale in the Cumberland County Courthouse, 1 Courthouse Square, Carlisle, Cumberland County, Pennsylvania, real estate of Harold F. Dumais known and numbered as 619 Hummel Avenue, Borough of Lemoyne,Cumberland County,Pennsylvania;Parcel No. 12-22-0824-145. A description of said real estate is hereto attached. You are further notified that the Sheriff of Cumberland County will file a Schedule of Proposed Distribution no later than thirty(30) days after sale date, and distribution will be made in accordance with the Schedule unless exceptions are filed thereto within ten (10) days thereafter. 3948909-1 You are further notified that the lien you hold against said real estate will be divested by the sale and that you have an opportunity to protect your interest, if any, by being notified of said Sheriff Sale. Date:---7 f 2—,q,�f 3 T- William F. Colby, Jr., Esquire Keith Mooney, Esquire Attorney for Plaintiff 3948909-1 f THE PRO'1°IJOIN, Oi3 AUG - i Pill 2: 38 CUMBERLAND COUNTY' PENNSYLVANIA BARLEY SNYDER William F. Colby, Jr., Esquire Keith Mooney, Esquire Court I.D. No. 46880; 74001 50 North Fifth Street, P.O. Box 942 Reading, PA 19603-0942 (610) 376-6651 Attorney for Plaintiff SUSQUEHANNA BANK FORMERLY COURT OF COMMON PLEAS OF SUSQUEHANNA BANK PA CUMBERLAND COUNTY, Plaintiff PENNSYLVANIA V. CIVIL ACTION—LAW HAROLD F. DUMAIS, CONFESSION OF JUDGMENT Defendant No. 13-2723 NOTICE OF SHERIFF'S SALE OF REAL PROPERTY PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129 TAKE NOTICE: That the Sheriffs Sale of Real Property (real estate) will be held on December 4, 2013, in the Cumberland County Courthouse, 1 Courthouse Square, Carlisle, Cumberland County, Pennsylvania at 10:00 A.M.,prevailing local time. THE PROPERTY TO BE SOLD is delineated in detail in a legal description mainly consisting of a statement of the measured boundaries of the property, together with a brief mention of the buildings and any other major improvements erected on the land. (SEE DESCRIPTION ATTACHED) THE LOCATION of your property to be sold is: 619 Hummel Avenue,Borough of Lemoyne, Cumberland County,Pennsylvania; Parcel No. 12-22-0824-145 3948909-1 THE JUDGMENT under or pursuant to which your property is being sold is docketed to: 2013-2723 The name of the owner or reputed owner of this property is: Harold F. Dumais A SCHEDULE OF DISTRIBUTION,being a list of the persons and or governmental or corporate entities or agencies being entitled to receive part of the proceeds of the sale received and to be disbursed by the Sheriff(for example, to banks that hold mortgages and municipalities that are owed taxes), will be filed by the Sheriff within thirty(30) days after the sale and distribution of the proceeds of sale in accordance with this schedule will, in fact,be made unless someone objects by filing exceptions to it within ten(10) days of the date it is filed. Information about the schedule of distribution may be obtained from the Sheriff of the Cumberland County, Pennsylvania, Cumberland County Courthouse, 1 Courthouse Square, Room 303, Carlisle, PA 17013; Ph: 717.240.6390. THIS PAPER IS A NOTICE OF THE TIME AND PLACE OF THE SALE OF YOUR PROPERTY. It has been issued because there is a judgment against you. It may cause your property to be held, to be sold or to be taken to pay the judgment. You may have legal rights to prevent your property from being taken. A lawyer can advise you more specifically of these rights. If you wish to exercise your rights, you must act promptly. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET FREE LEGAL ADVICE: Cumberland County Bar Association 34 S. Bedford Street Carlisle, Pennsylvania 717-249-3166 THE LEGAL RIGHTS YOU MAY HAVE ARE: 1. You may file a petition with the Court of Common Pleas of Cumberland County to open the judgment if you have a meritorious defense against the person or company that has entered judgment against you. You may also file a petition with the same Court if you are aware of a legal defect in the obligation or procedure used against you. 2. After the Sheriffs sale you may file a petition with the Court of Common Pleas of Cumberland County to set aside the sale for a grossly inadequate price or for other proper cause. This petition must be filed before the Sheriffs deed is delivered. 3. A petition or petitioner raising the legal issues or rights mentioned in the preceding paragraphs must be presented to the Court of Common Pleas of Cumberland County at one of the 3948909-1 Court's regularly scheduled business court sessions. The petition must be served on the attorney for the creditor at least two (2) business days before presentation to the Court and a proposed order or rule must be attached to the petition. If a specific return date is desired, such date must be obtained from the Prothonotary's Office, Cumberland County Courthouse, 1 Courthouse Square, Carlisle, Cumberland County, Pennsylvania, before presentation of the petition to the Court. William F. Colby, Jr., Esquire, Keith Mooney, Esquire Attorneys for Plaintiff 3948909-1 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO. 13-2723 Civil COUNTY OF CUMBERLAND) CIVIL ACTION–LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due SUSQUEHANNA BANK FORMERLY SUSQUEHANNA BANK PA Plaintiff(s) From HAROLD F.DUMAIS (1) You are directed to levy upon the property of the defendant(s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s)not levied upon in the possession of GARNISHEE(S)as follows: and to notify the garnishee(s)that: (a)an attachment has been issued;(b)the garnishee(s) is enjoined from paying any debt to or for the account of the defendant(s)and from delivering any property of the defendant (s)or otherwise disposing thereof; (3) If property of the defendant(s)not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee,you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due: $90,971.89 L.L.: $.50 Interest PER DIEM$15.53 FROM 5/1/13 Atty's Comm: Due Prothy: $2.25 Atty Paid: $74.50 Other Costs: Plaintiff Paid: Date: 8/2/13 ' I David D.Buell,Prothonotary rn (Seal) o �- Deputy REQUESTING PARTY: Name: KEITH MOONEY,ESQUIRE Address: BARLEY SNYDER 50 NORTH FIFTH STREET P.O.BOX 942 READING,PA 19603-0942 Attorney for: PLAINTIFF Telephone: 610-376-6651 Supreme Court ID No. 74001 BARLEY SNYDER cf L iGD C0(1J �',' William F. Colby, Jr., Esquire FEN S,�LV NIA Keith Mooney, Esquire Court I.D. No. 46880; 74001 50 North Fifth Street, P.O. Box 942 Reading, PA 19603-0942 (610) 376-6651 Attorney for Plaintiff SUSQUEHANNA BANK FORMERLY COURT OF COMMON PLEAS OF SUSQUEHANNA BANK PA CUMBERLAND COUNTY, Plaintiff PENNSYLVANIA v. CIVIL ACTION—LAW HAROLD F. DUMAIS, CONFESSION OF JUDGMENT Defendant No. 13-2723 AFFIDAVIT OF SERVICE BERKS COUNTY, SS: Before me,the undersigned authority,personally appeared KELLY CUNNEEN,PARALEGAL, who being duly sworn according to law, doth depose and say that she does hereby certify that a true and correct copy of the attached letter in the above captioned matter was sent to was sent to the below listed lienholders: Harold F.Dumais 19 Hamlet Street Pascoag,RI 02859 by certified,return receipt requested mail and by regular, first class mail at on October 29, 2013. The original Receipt for Certified Mail is attached hereto. BARLEY SNYDER / Date: JU/ i1, 2013 By: •_: F 2ad Kelly Neum. ,Paralegal for Plaintiff P.O.Box 942, Reading, PA 19603-0942 Sworn and subscribed to before me this ay of Dal-0 bee , 2013. V otary Public COMMONWEALTH OF PENNSYLVANIA Notarial Seal Jenna Lynn Doerrman,Notary Public 4102799_1 City of Reading,Berks County My Commission Expires March 14,2016 MEMBER,PENNSYLVANIA ASSOCIATION OF NOTARIES BARLEY SNYDER William F. Colby, Jr., Esquire Keith Mooney, Esquire Court I.D. No. 46880; 74001 50 North Fifth Street, P.O. Box 942 Reading, PA 19603-0942 (610) 376-6651 Attorney for Plaintiff SUSQUEHANNA BANK FORMERLY COURT OF COMMON PLEAS OF SUSQUEHANNA BANK PA CUMBERLAND COUNTY, Plaintiff PENNSYLVANIA v. CIVIL ACTION—LAW HAROLD F. DUMAIS, CONFESSION OF JUDGMENT Defendant No. 13-2723 AFFIDAVIT OF SERVICE BERKS COUNTY, SS: Before me,the undersigned authority,personally appeared KELLY CUNNEEN,PARALEGAL,who being duly sworn according to law, doth depose and say that she does hereby certify that a true and correct copy of the Notice of Sheriff Sale of Real Property in the above captioned matter was sent to the below listed lienholders by regular, first class mail on the dates indicated on each Certificate of mailing, each of which is attached hereto: Cumberland County Tax Claim Bureau 1 Courthouse Square Old Courthouse, Rm 106 Carlisle, PA 17013 Commonwealth of Pennsylvania Dept. of Revenue Bureau of Compliance 7th Floor Strawberry Square Harrisburg, PA 17128-0101 4102799_1 Internal Revenue Service Wm. S. Moorhead Federal Building Advisory 1000 Liberty Avenue, Room 704 Pittsburgh, PA 15222 Internal Revenue Service 600 Arch Street Room 3259 Philadelphia, PA 19106 Tenant/Occupant 619 Hummel Avenue Lemoyne, PA 17043 Pennsylvania Department of Public Welfare TPL Casualty Unit, Estate Recovery Program PO Box 8486 Willow Oak Building Harrisburg, PA 17105-8486 Rhode Island Division of Taxation One Capitol Hill Providence, RI 02908 BARLEY SNYDER Date: 30 , 2013 By: Kelly ■ umann,Paralegal for Plc:ntiff P.O. Box 942, 50 North Fifth Street Reading,PA 19603-0942 (610)898-7167 Sworn and subscribed to before me thi&day of Cleile.ie ,2013. iarY Public COMMONWEALTH OF PENNsyi.Y. ;`+i Notarial Seal Jena Lynn Doerrman,Notary Public City of Reading,Berks County My Commission Expires Martn 14,2016_7 MEMBER,PENNSYLVANIA ASSOCIATION'")" 4102799_1 BARLEY SNYDER William F. Colby, Jr., Esquire Keith Mooney, Esquire Court I.D. No. 46880; 74001 50 North Fifth Street, P.O. Box 942 Reading, PA 19603-0942 (610) 376-6651 Attorney for Plaintiff SUSQUEHANNA BANK FORMERLY COURT OF COMMON PLEAS OF SUSQUEHANNA BANK PA CUMBERLAND COUNTY, Plaintiff PENNSYLVANIA v. CIVIL ACTION— LAW HAROLD F. DUMAIS, CONFESSION OF JUDGMENT Defendant No. 13-2727 NOTICE TO PURSUANT TO PA.R.C.P. 3129 NOTICE IS HEREBY GIVEN by the following parties who holds a mortgage, against the real estate of Harold F. Dumais, located 23 South Enola Drive, East Pennsboro Township, Enola, Cumberland County,Pennsylvania; Parcel No.09-15-1291-024: Susquehanna Bank 307 International Circle, Suite 600 Hunt Valley, MD 21030 You are hereby notified that on December 4, 2013, at 10:00 o'clock A.M.,prevailing time, by virtue of a Writ of Execution issued out of the Court of Common Pleas of Cumberland County, Pennsylvania, on the judgment of Susquehanna Bank vs. Harold F. Dumais,No. 2013- 2727, the Sheriff of Cumberland County, Pennsylvania will expose at Public Sale in the Cumberland County Courthouse, 1 Courthouse Square, Carlisle, Cumberland County, Pennsylvania, real estate of Harold F. Dumais known and numbered as 23 South Enola Drive, East Pennsboro Township,Enola,Cumberland County,Pennsylvania; Parcel No.09-15-1291-024. A description of said real estate is hereto attached. You are further notified that the Sheriff of Cumberland County will file a Schedule of Proposed Distribution no later than thirty (30) days after sale date, and distribution will be made in accordance with the Schedule unless exceptions are filed thereto within ten (10) days thereafter. 3949739-1 You are further notified that the lien you hold against said real estate will be divested by the sale and that you have an opportunity to protect your interest, if any,by being notified of said Sheriff Sale. Date: 11: / l William F.F. Colby, Jr., Esquire Keith Mooney, Esquire Attorney for Plaintiff 3949739-I PROPERTY DESCRIPTION ALL THAT CERTAIN lot or tract of land situate in East Pennsboro Township, County of Cumberland and State of Pennsylvania,more particularly bounded and described as follows: BEGINNING at a point in the northwest corner of Casssatt Street and North Enola Drive, formerly called Brick Church road; thence northwardly along the western line of North Enola Driven 37-1/2 to a point; thence westwardly through the center of the partition wall dividing properties known as No. 21 and No. 23 South Enola Drive and beyond, 125 feet to a point in the eastern line of a 15 foot wide alley; thence southwardly along the eastern line of said alley 37-1/2 feet to a point in the northeast corner of said alley and Cassatt Street; thence eastwardly along the northern line of Cassatt Street 125 feet to a point,the place of BEGINNING. BEING Lot No. 12 and the southern one-half of Lot No. 13 on the Plan of Lots known as Moltz Addition to West Fairview, said plan being recorded in the Cumberland County Recorder's Office in Plan Book 1, Page 2. HAVING THEREON erected the southern one-half of a two and one-half story frame dwelling known as and numbered 23 South Enola Drive, Pennsylvania. BEING KNOWN as Tax Parcel#09-15-1291-024. SEIZED IN EXECUTION AS THE PROPERTY OF HAROLD F. DUMAIS 3949739-1 f PROTNO OTAP BARLEY SNYDER 2013 AUG 27 pm t: I William F. Colby,Jr., Esquire CUMBERLAND Keith Mooney, Esquire pENf�SYt,VCOUNTY► Court I.D. No. 46880; 74001 50 North Fifth Street, P.O. Box 942 Reading, PA 19603-0942 (610) 376-6651 Attorney for Plaintiff SUSQUEHANNA BANK FORMERLY COURT OF COMMON PLEAS OF SUSQUEHANNA BANK PA CUMBERLAND COUNTY, Plaintiff PENNSYLVANIA v. CIVIL ACTION—LAW HAROLD F. DUMAIS, CONFESSION OF JUDGMENT Defendant No. 13-2727 AMENDED NOTICE OF SHERIFF'S SALE OF REAL PROPERTY PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129 TAKE NOTICE: That the Sheriffs Sale of Real Property(real estate)will be held on December 4, 2013, in the Cumberland County Courthouse, 1 Courthouse Square, Carlisle, Cumberland County, Pennsylvania at 10:00 A.M., prevailing local time. THE PROPERTY TO BE SOLD is delineated in detail in a legal description mainly consisting of a statement of the measured boundaries of the property, together with a brief mention of the buildings and any other major improvements erected on the land. (SEE DESCRIPTION ATTACHED) THE LOCATION of your property to be sold is: 23 South Enola Drive, East Pennsboro Township, Enola, Cumberland County, Pennsylvania; Parcel No.09-15-1291-024 4039625 THE JUDGMENT under or pursuant to which your property is being sold is docketed to: 13-2727 The name of the owner or reputed owner of this property is: Harold F. Dumais A SCHEDULE OF DISTRIBUTION,being a list of the persons and or governmental or corporate entities or agencies being entitled to receive part of the proceeds of the sale received and to be disbursed by the Sheriff(for example, to banks that hold mortgages and municipalities that are owed taxes), will be filed by the Sheriff within thirty(30)days after the sale and distribution of the proceeds of sale in accordance with this schedule will, in fact,be made unless someone objects by filing exceptions to it within ten(10)days of the date it is filed. Information about the schedule of distribution may be obtained from the Sheriff of the Cumberland County, Pennsylvania, Cumberland County Courthouse, 1 Courthouse Square, Room 303, Carlisle, PA 17013; Ph: 717.240.6390. THIS PAPER IS A NOTICE OF THE TIME AND PLACE OF THE SALE OF YOUR PROPERTY. It has been issued because there is a judgment against you. It may cause your property to be held, to be sold or to be taken to pay the judgment. You may have legal rights to prevent your property from being taken. A lawyer can advise you more specifically of these rights. If you wish to exercise your rights, you must act promptly. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET FREE LEGAL ADVICE: Cumberland County Bar Association 34 S. Bedford Street Carlisle, Pennsylvania 717-249-3166 THE LEGAL RIGHTS YOU MAY HAVE ARE: 1. You may file a petition with the Court of Common Pleas of Cumberland County to open the judgment if you have a meritorious defense against the person or company that has entered judgment against you. You may also file a petition with the same Court if you are aware of a legal defect in the obligation or procedure used against you. 2. After the Sheriffs sale you may file a petition with the Court of Common Pleas of Cumberland County to set aside the sale for a grossly inadequate price or for other proper cause. This petition must be filed before the Sheriffs deed is delivered. 4039625 AIM 3. A petition or petitioner raising the legal issues or rights mentioned in the preceding paragraphs must be presented to the Court of Common Pleas of Cumberland County at one of the Court's regularly scheduled business court sessions. The petition must be served on the attorney for the creditor at least two (2) business days before presentation to the Court and a proposed order or rule must be attached to the petition. If a specific return date is desired, such date must be obtained from the Prothonotary's Office, Cumberland County Courthouse, 1 Courthouse Square, Carlisle, Cumberland County, Pennsylvania, before presentation of the petition to the Court. William F. Colby,Jr., Esqu' - Keith Mooney, Esquire Attorneys for Plaintiff 4039625 PROPERTY DESCRIPTION ALL THAT CERTAIN lot or tract of land situate in East Pennsboro Township, County of Cumberland and State of Pennsylvania,more particularly bounded and described as follows: BEGINNING at a point in the northwest corner of Casssatt Street and North Enola Drive, formerly called Brick Church road; thence northwardly along the western line of North Enola Driven 37-1/2 to a point; thence westwardly through the center of the partition wall dividing properties known as No. 21 and No. 23 South Enola Drive and beyond, 125 feet to a point in the eastern line of a 15 foot wide alley;thence southwardly along the eastern line of said alley 37-1/2 feet to a point in the northeast corner of said alley and Cassatt Street;thence eastwardly along the northern line of Cassatt Street 125 feet to a point,the place of BEGINNING. BEING Lot No. 12 and the southern one-half of Lot No. 13 on the PIan of Lots known as Moltz Addition to West Fairview, said plan being recorded in the Cumberland County Recorder's Office in Plan Book 1,Page 2. HAVING THEREON erected the southern one-half of a two and one-half story frame dwelling known as and numbered 23 South Enola Drive,Pennsylvania. BEING KNOWN as Tax Parcel#09-15-1291-024. SEIZED IN EXECUTION AS THE PROPERTY OF HAROLD F. DUMAIS 3949739-1 A \ �► o �n o rn to N �� % ' RAIIII 33�, 2 A q C W Q I tAr:u tg 100104:, sAre 9,-,i giirta 4;1 tO3c. i A Q i all i.� 'b .s rn 1lIlkt%. tN �q 1 F„O fY1 c f CI °1 G of b V1 fi7 "� Q op- `4° �� �<4� did Z W �ww V z$ $�, v xr"a. w a warn W CC A. a 3 ) Hasler , 9[ l 5� $01 . u — 10128f2013 , S POSTAGE .S ,,,,, ZIP 17602 .`it. = "4` 011 1)11628654 j. :ertificate c» -*e!r r rRr� irlicTIATIlc:inlill Kelly CunnParallMatti C� �,1 Barley SnydLP �1 N 9. r 126 East Kireet �S T % '; t-- ^�'Lancaster, 7602 93 a 0 c,�? o fa$ w g s'OS v fn�Q ii— .-° :* F? _ .. ��itTlik ii 1 " atf) V ,f =VOW o 1'16 t g e t at � � y C1 ' -i iii" r* CAC t ;.t �. a►S"� .c l PS Form 3817,April 2007 PSN 7530-02-000-9085�rrml�+�i "'d p ¢' eo z ...OM > a 4 ifs!. a co r ' ta con �► 1 '��" N 1, Cr"1 .� � w 1 twos Sd � 8906-000'20-p£,L NSd LOOt W�b',L68£ • 0 > �° co N -'�r��i�.1/.�ii/,�J:�i"tr1�.1SL1.'!1� ml cP 401 fly T P " 1P�a98Z91IflIl0 �`.l' ,.., .,' ire 1.209! !2 + o 1 ,-` O £68Z-Z09LI Vd`,ra3S13UWI 3pv1.90d Sft ; b b ' 433.11S;�u owl 9Zi vmzi6Zl0 g + X 315 f Vi t7 aalse drn iapAus Salmi UNfT& STATES Certificate Of _-- To pay fae,:sx stamps°' ...,...-r MSi�irl�l mererpoaragehare. t Kelly Cunneen,Paralegal Barley Snyder LLP 126 East King Street CSI '' Lancaster,PA 17602-2893 N 5 To IIMIF/11101 I, f ,S Form 3817,April 2007 PSN 7530-02-000-9065 Z ,U r iE -Figii UM.1 c s aTEs Certifi °' !� Kelly Cunneen,Paralegal _ 1 Barley Snyder LLP ,. „q t 126 East King Street c5 Lancaster,PA 17602-2893 yp`.)1 ?+;�° # U° To: it. WIDI 1/1711 PS Form 3817,April 2007 PSN 7530'02'000-9065 • jill""'"-" UN!TEDST4TES Certific �� c o 1.1 . Kell ... 1U . '4: U, t;, y Cunneen,Paralegal Barley Snyder LLP 1` N p 126 East King Street Cr.STE, .fi y,,w Lancaster,PA 17602-2893 ) r V3 To: fi ,. , 1110 �� II ..a 2 rtO Hill } �+� o N LJ r6V Q.Yl 6i, 1_1 C 29ow RETURN OF SERVICE Commonwealth of Pennsylvania County of Cumberland ; { (�`1 Court Case Numbe ill NOV -- I 27 UM ERLAND COUNTY Plaintiff: Susquehanna Bank Formerly Susquehanna Bank PA PENNSYLVANIA vs. Defendant: Harold F. Dumais, For: Barley Snyder LLC 126 East King Street Lancaster, PA 17602 Received by Nationwide Legal Support, Inc.on the 20th day of September,2013 at 3:32 pm to be served on Harold Dumais, 19 Hamlet Street, Pascoag, RI 02859. I, Michael Caires, do hereby affirm that on the 24th day of September, 2013 at 6:32 pm, I: Individually Served the within named person with a true copy of this Writ of Execution adn/or Attachment; Praecipe for Writ of Execution upon a Confessed Judgment; Property Description; Receipt for Payment„ at the address of 19 Hamlet Street, Pascoag,RI 02859, pursuant to State Statutes. I certify that I am over the age of 18, have no interest in the above action,and am a Process Server, in good standing, in the judicial circuit in which the process was served. I declare under penalty of perjury under the laws of the state in which the process was served that the foregoing is true and correct. Michael Caires Process Server Nationwide Legal Support,Inc. Dba Eleanor's Nationwide Legal Support 18226 Ventura Blvd.,Suite 208 Tarzana,CA 91356 (818)774-9757 Our Job Serial Number: ENL-2013001116 Copyright©1992-2011 Database Services,Inc.-Process Server's Toolbox V6 5h SHE,RIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff „Ay Ot Jody S Smith Chief Deputy r f''" f t. r I r Richard W Stewart Solicitor oFFIcE OF rHE k Rlf :, I Y F lk'6�1"'1 Susquehanna Bank vs. Case Number Harold F Dumais 2013-2723 SHERIFF'S RETURN OF SERVICE 08/23/2013 Sheriff Ronny R. Anderson , being duly sworn according to law, states he served the requested Real Estate Writ, Notice of Sheriffs Sale and Legal Description, in the above titled action, in the following manner. The Sheriff mailed a notice of the action by certified mail, return receipt requested, to the within named Defendant, to wit: Harold F. Dumais at 19 Hamlet Street, Pascoag, RI 02859. 10/01/2013 07:56 PM - Deputy Jason Kinsler, being duly sworn according to law, states service was performed by posting a true copy of the requested Real Estate Writ, Notice and Description, and Sale Handbill in the above titled action, upon the property located at 619 Hummel Avenue, Lemoyne- Borough, Lemoyne, PA 17043, Cumberland County. 10/21/2013 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that he served the within Real Estate Writ, Notice of Sheriffs Sale and Legal Description by certified mail, return receipt requested, to the within named defendant, to wit: Harold Dumais, by mailing a copy of the within documents to the defendant's last known address of 19 Hamlet Street, Pascoag, RI 02559 on 08/23/13 The unopened letter was returned to the Cumberland County Sheriffs Office on 10/21/13"Return to Sender, Unclaimed, Unable to Forward." 12/04/2013 Ronny R Anderson, Sheriff, being duly sworn according to law, states that after due and legal notice had been given according to law, he exposed the within described premises at public venue or outcry at the Cumberland County Courthouse, Carlisle, Cumberland County, Pennsylvania on December 04, 2013 at 10:00 AM. He sold the same for the sum of$1.00 to Attorney Keith Mooney, on behalf of the Bank of Susquehanna Bank, being the buyer in this execution, paid to the Sheriff the sum of$ SHERIFF COST: $927.30 SO ANSWERS, January 10, 2014 RONNY ANDERSON, SHERIFF ah # 3o6.S',/ (c!Cuu^;,vSuite Shcnfi Teleesoh.Inc. BARLEY SNYDER William F. Colby, Jr., Esquire Keith Mooney, Esquire Court I.D. No. 46880; 74001 50 North Fifth Street, P.O. Box 942 Reading, PA 19603-0942 (610) 376-6651 Attorney for Plaintiff SUSQUEHANNA BANK FORMERLY COURT OF COMMON PLEAS OF SUSQUEHANNA BANK PA CUMBERLAND COUNTY, Plaintiff PENNSYLVANIA v. CIVIL ACTION—LAW HAROLD F. DUMAIS, CONFESSION OF JUDGMENT Defendant No. 13-2723 AFFIDAVIT PURSUANT TO RULE 3129.1 Susquehanna Bank, Formerly Susquehanna Bank PA, Plaintiff in the above action, sets forth as of the date the Praecipe for Writ of Execution was filed to the following information concerning the real property located at 619 Hummel Avenue, Borough of Lemoyne, Cumberland County, Pennsylvania; Parcel No. 12-22-0824-145. 1. Name and address of Owners(s) or Reputed Owner(s): Name: Harold F. Dumais Address: 19 Hamlet Street Pascoag, RI 02859 2. Name and address of Defendant(s) in the Judgment: Name: Harold F. Dumais Address: 19 Hamlet Street Pascoag, RI 02859 3. Name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: Susquehanna Bank 307 International Circle, Suite 600 Hunt Valley, MD 21030 3948909-1 Cumberland County Tax Claim Bureau 1 Courthouse Square Old Courthouse, Rm 106 Carlisle, PA 17013 4. Name and address of the last recorded holder of every mortgage of Record: Susquehanna Bank 307 International Circle, Suite 600 Hunt Valley, MD 21030 5. Name and address of every other person who has any record lien on their property: Commonwealth of Pennsylvania Internal Revenue Service Department of Revenue WMS Moorhead Federal Building Bureau of Compliance Advisory Seventh Floor 1000 Liberty Avenue - Room 704 Strawberry Square Pittsburgh, PA 15222 Harrisburg, PA 17128-0101 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: None at this time. 7. Name and address of every other person of who the plaintiff has knowledge who has any interest in the property that may be affected by the sale: Tenant/Occupant 619 Hummel Avenue Lemoyne, PA 17043 Pennsylvania Department of Public Welfare TPL Casualty Unit, Estate Recovery Program PO Box 8486 Willow Oak Building Harrisburg, PA 17105-8486 Rhode Island Division of Taxation One Capitol Hill Providence, RI 02908 3948909-1 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge of information and belief. I understand that false statements herein are made subject to the penalties of 18 PA C.S. § 4904 relating to unsworn falsification to authorities. 'f BARLEY SNYDER ' Date: /2 ‘°1/1"3 B William F. Colby, Jr., Esquire Keith Mooney, Esquire Attorneys for Plaintiff 3948909-1 BARLEY SNYDER William F. Colby, Jr., Esquire Keith Mooney, Esquire Court I.D. No. 46880; 74001 50 North Fifth Street, P.O. Box 942 Reading, PA 19603-0942 (610) 376-6651 Attorney for Plaintiff SUSQUEHANNA BANK FORMERLY COURT OF COMMON PLEAS OF SUSQUEHANNA BANK PA CUMBERLAND COUNTY, Plaintiff PENNSYLVANIA v. CIVIL ACTION— LAW HAROLD F. DUMAIS, CONFESSION OF JUDGMENT Defendant No. 13-2723 NOTICE TO PURSUANT TO PA. R.C.P. 3129 NOTICE IS HEREBY GIVEN by the following parties who holds a mortgage, against the real estate of Harold F. Dumais, located 619 Hummel Avenue, Borough of Lemoyne, Cumberland County,Pennsylvania; Parcel No. 12-22-0824-145: Susquehanna Bank 307 International Circle, Suite 600 Hunt Valley, MD 21030 You are hereby notified that on December 4, 2013, at 10:00 o'clock A.M.,prevailing time,by virtue of a Writ of Execution issued out of the Court of Common Pleas of Cumberland County, Pennsylvania, on the judgment of Susquehanna Bank vs. Harold F. Dumais, No. 2013- 2723, the Sheriff of Cumberland County, Pennsylvania will expose at Public Sale in the Cumberland County Courthouse, 1 Courthouse Square, Carlisle, Cumberland County, Pennsylvania, real estate of Harold F. Dumais known and numbered as 619 Hummel Avenue, Borough of Lemoyne,Cumberland County,Pennsylvania;Parcel No. 12-22-0824-145. A description of said real estate is hereto attached. You are further notified that the Sheriff of Cumberland County will file a Schedule of Proposed Distribution no later than thirty (30) days after sale date, and distribution will be made in accordance with the Schedule unless exceptions are filed thereto within ten (10) days thereafter. 3948909-1 • You are further notified that the lien you hold against said real estate will be divested by the sale and that you have an opportunity to protect your interest, if any, by being notified of said Sheriff Sale. Date: 7l 2 g 1 i 3 William F. Colby, Jr., Esquire , Keith Mooney, Esquire Attorney for Plaintiff 3948909-1 • PROPERTY DESCRIPTION ALL THAT CERTAIN tract of land located in the Borough of Lemoyne, County of Cumberland, Commonwealth of Pennsylvania,bounded and described as follows: BEGINNING at a point on the Northern line of Hummel Avenue, on the dividing line between Lots No. 81 and 82, Section "D" on the plan of lots hereinafter mentioned; thence, in a Westerly direction along the northern line of Hummel Avenue seventeen and one-half(17-1/2) feet to a point on the line running through the center of the partition wall of the double two and one-half story dwelling house erected in the lot hereby conveyed and on the lot adjoining on the West; thence, in a Northerly direction along said line through the center of said partition wall and beyond one hundred fifty (150) feet, more or less, to Apple Alley; thence, in an Easterly direction along the Southern line of Apple Alley seventeen and one-half (17-1/2) feet more or less, to Lot No. 81, Section "D: one hundred fifty (150) feet to Hummel Avenue at the point and lace of BEGINNING. BEING the Eastern portion of Lot No. 82, Section "D" on Plan of Lots known as Plan No. 1, Riverton, PA, said plan being recorded in the Cumberland County Recorder of Deeds Office in Deed Book"J", Volume 4, Page 40. HAVING THEREON ERECTED the Eastern one-half of a two and one-half (2-1/2) story swelling house being known as No. 619 Hummel Avenue, Lemoyne, Pennsylvania. BEING KNOWN as Tax Parcel#12-22-0824-145. SEIZED IN EXECUTION AS THE PROPERTY OF HAROLD F. DUMAIS 3948909-1 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO. 13-2723 Civil COUNTY OF CUMBERLAND) CIVIL ACTION—LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due SUSQUEHANNA BANK FORMERLY SUSQUEHANNA BANK PA Plaintiff(s) From HAROLD F. DUMAIS (1) You are directed to levy upon the property of the defendant(s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s)not levied upon in the possession of GARNISHEE(S)as follows: and to notify the garnishee(s)that: (a)an attachment has been issued;(b)the garnishee(s) is enjoined from paying any debt to or for the account of the defendant(s)and from delivering any property of the defendant (s)or otherwise disposing thereof; (3) If property of the defendant(s)not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee,you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due: $90,971.89 L.L.: $.50 Interest PER DIEM$15.53 FROM 5/1/13 Atty's Comm: Due Prothy: $2.25 Atty Paid: $74.50 Other Costs: Plaintiff Paid: Date: 8/2/13 JCL, David D. Bu-11, Prothonotary (Seal) _ 4160e.. / - _ Deputy REQUESTING PARTY: Name: KEITH MOONEY,ESQUIRE Address: BARLEY SNYDER 50 NORTH FIFTH STREET P.O.BOX 942 READING,PA 19603-0942 Attorney for: PLAINTIFF Telephone: 610-376-6651 Supreme Court ID No. 74001 TRUE COPY FROM RECORD In Testh-nony whereof, I here unto set my hand am S the a!of said Court at Carlisle, R. an a --dayof 2D ,......74V-Prothonotary LXII 41 CUMBERLAND LAW JOURNAL 10/11/13 Writ No.2013-2727 Civil Term SUSQUEHANNA BANK vs. HAROLD F.DUMAIS Atty.:Keith Mooney ALL THAT CERTAIN lot or tract of land situate in East Pennsboro Township, County of Cumberland and State of Pennsylvania, more particularly bounded and described as follows: BEGiNNING at a point in the northwest corner of Casssatt Street and North Enola Drive, formerly called Brick Church road; thence northwardly along the western line of North Enola Driven 37-1/2 to a point;thence westwardly through the center of the partition wall dividing properties known as No. 21 and No. 23 South Enola Drive and beyond, 125 feet to a point in the eastern line of a 15 foot wide alley; thence southwardly along the eastern line of said alley 37-1/2 feet to a point in the northeast corner of said alley and Cassatt Street; thence eastwardly along the northern line of Cassatt Street 125 feet to a point, the place of BEGINNING. BEING Lot No. 12 and the south- ern one-half of Lot No. 13 on the Plan of Lots known as Moltz Addition to West Fairview, said plan being recorded in the Cumberland County Recorder's Office in Plan Book 1, Page 2. HAVING THEREON erected the southern one-half of a two and one- half story frame dwelling known as and numbered 23 South Enola Drive, Pennsylvania. BEING KNOWN as Tax Parcel#09- 15-1291-024. SEIZED IN EXECUTION AS THE PROPERTY OF HAROLD F.DUMAIS. 50 PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA : ss. COUNTY OF CUMBERLAND : Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: October 11, October 18 and October 25, 2013 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. Lisa Marie Coyne, ditor SWORN TO AND SUBSCRIBED before me this 25 day of October, 2013 // Notary NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BOROUGH,CUMBERLAND COUNTY My Commission Expires Apr 28,2014 The Patriot-News Co.2020 Technoldgy Pkwy e patriot*Xews Suite 300 Mechanicsburg, PA 17050 Now you know Inquiries - 717-255-8213 CUMBERLAND CO. SHERIFFS OFFICE CUMBERLAND COUNTY COURT HOUSE CARLISLE PA 17013 THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss Marianne Miller, being duly sworn according to law, deposes and says: That she is the Assistant Controller of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 2020 Technology Pkwy, Suite 300, in the Township of Hampden, County of Cumberland, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 1900 Patriot Drive, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/Community Weekly editions which appeared on the date(s) indicated below. That neither she nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That she has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book"M", Volume 14, Page 317. 1 2013.2723 Clvtl line SUSQUEHANNA HAROLELF IMAMS This ad ran on the date(s)shown below: 10/13/13 Atly: Keith Mooney r' / ALL THAT CERTAIN of land `� ! _r 10/20/13 located in the of Le County Commonwealth C----,C ; /' ' ' 10/27/13 /. A- % of Pennsylv?nia,bounded and described as ''/.' ,� ,/ /f/ -' follows: // ii ' �/ BEGINNING at a point on the Northern u• / v . . . . . . . . . . line of Hummel Avenue,on the dividing line f between Lots No.81-and 82,Section"D" v on the plan of lots hereinafter mentioned; Sworn to:,,d subscribed before ;; t►.. 11 day of N•vember, 2013 A.D. thence, in a Westerly direction.along the ', I / / northern line of Hummel Avenue seventeen and one-half (17-1/2) feet to a point on i I / the line running through the center of the ��_•_.J _ , • �+ •-J partition wall of the double two and one-half o :ry Public— u bl is story dwelling house erected in the lot hereby conveyed and on the lot adjoining on the West;thence,In a Northerly direction along said line through the center of said partition wall and beyond one hundred fifty (150) feet,more or less,to Apple Alley,thence, COMMONWEALTH OF PENNSYLVANIA . in an Easterly direction along the Southern wt riot Seal line of Apple Alley seventeen and one-half Holly Lynn W r ci,Notary Public (17-1/2)feet more or less,to Lot No.81, Washington Twp.,D°uphin County Section" : hundred fifty(150)feet to My Commission Expires Dec.12,2016 Hummel Avenue at the point and lace of BEGINNING MEMBER,PENNSYLVANIA ASSOCIATION OF NOTARIES BEING the Eastern portion of Lot NO.82, Sectio®"D"on Plan of Lots known as Plan No.T.Riverton,PA.saki plan being recorded COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND }SS: I, Tammy Shearer, Recorder of Deeds in and for said County and State do hereby certify that the Sheriff's Deed in which Susquehanna Bank is the grantee the same having been sold to said grantee on the 4th day of December A.D., 2013, under and by virtue of a writ Execution issued on the 2nd day of August, A.D., 2013, out of the Court of Common Pleas of said County as of Civil Term, 2013 Number 2723, at the suit of Susquehanna Bank against Harold F. Dumais is duly recorded as Instrument Number 201401150. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office this 13 day of Jccr� A.D. 3O/L1 ) , i,� , ))� ��f' Recorder of D�eds My Co Recorder of Deeds,Cumberland County,Carlisle,PA My Commission Expires the First Monday of Jan.2018