HomeMy WebLinkAbout13-2725 OF t P4 PRO TFiO,yC'z-
O
Z�t� t9� Y 1 � Tr��1 Y
BARLEY SNYDER CU�fF;E R L �, f ��� 2:37
William F. Colby, Jr., Esquire P ENIgS � J AN T Y'
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. al
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 $80,140.75
Interest to and including 5/1/13 2
Late Fees 225.99
Satisfaction Fees 130.00
Appraisal Fees 450.00
Attorneys' Fees for Confession 8,309.14
Total $ 92,206.53
Interest continues to accrue at the per diem rate of $17.25 from May 1, 2013, continuing
late fees, and costs of collection.
BARLEY ER
By:
William - Jr. Es uir (�
Keith Mooney, Esquire
Attorney for Plaintiff
3735921
- �ago
O,AR
203 HAy 14 P 31
C "' C
U , yLVjAt,1A
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.
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 11, 2008, 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 Ninety -one Thousand Dollars ($91,000.00), plus interest and
late fees thereon as therein provided. A true and correct copy of the Note is attached hereto,
3933153 -1
made a part hereof, and marked as Exhibit "A." A true and correct copy of the 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 11, 2012,
as well as the full amount due Plaintiff on February 11, 2013, the date of maturity, 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
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 $80,140.75
Interest to and including 5/1/13 2,950.65
Late Fees 225.99
Satisfaction Fees 130.00
Appraisal Fees 450.00
Attorneys' Fees for Confession 8,309.14
Total $ 92,206.53
3933153 -1
Interest continues to accrue at the per diem rate of $17.25 from May 1, 2013,
continuing late fees, and costs of collection.
11. 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 -two Thousand
Two Hundred Six Dollars and Fifty -three Cents ($92,206.53), plus interest at the per diem rate of
$17.25, from May 1, 2013, and costs of collection.
BARLEY S
B
Will am F. lby, ., Es re
Keith Mooney, Es uir
Attorneys for Plain iff
3933153 -1
EXHIBIT 44A"
Susquehanna
Susquehanna Bank
PROMISSORY Nq.TE
...........:..............
References m the boxes above are for lender's use only end do not limit the applicability of this documen an ' �
Any Item above containing "' • •• has been omitted due to text length limitations. y particular loan or Item.
BOrroWer: Herald F. Dumais Lender: Susquehanna Bank PA
19 Hamlet Street
Pascoag, RI 02859 -3007 Camp Hill
201 St Johns Church Road
Camp Hill, PA 17011
Principal Amount: $91,000.00 Interest Rate: 7.750% Date of Note: February 11, 2008
PROMISE TO PAY. Harold F. Dumais ( "Borrower ") promises to pay to Susquehanna Bank PA ( "Lender "), or order, in lawful money of the United
States of Arrmerica, the principal amount of 1Wnety -one Thousand & 00/100 Dollars ($91,000.001, together with interest at the rate of 7.750%
per annum on the unpaid principal balance from February 11, 2008, until paid in full. The Interest rata may change under the terms and
conditions of the "INTEREST AFTER DEFAULT" section.
PAYMENT. Borrower will pay this loan in 59 regular payments of $753.28 each and one irregular last payment estimated at $80,261.44.
Borrower's first payment is due March 11, 2008, and all subsequent payments are due on the same day of each month after that. Borrower's
final payment will be due on February 11, 2013, 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, than to principal and
any remaining amount to any unpaid collection costs and late charges. The annual interest rate for this Note Is computed on a 365/360 basis;
that is, by applying the ratio of the annual interest rate over a year of 360 days,. multiplied by the outstanding principal balance, multiplied by the
actual number of days the principal balance is outstanding. Borrower will pay Lender at Lender's address shown above or at such other place as
Lender may designate in writing.
PREPAYMENT PENALTY; MINIMUM INTEREST CHARGE. Borrower agrees that all loan fees and other prepaid finance charges are earned fully
as of the data 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 fr om
proceeds other than those generated from cash flow from normal operations or sales of assets shall be deemed a prepayment. In the avant
Borrower is ermitted to make such a prepayment prior to maturity, such payment by a prepayment penalty
s) shall be accompanied equal to
2 °h 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 ht the time and in the amounts set forth above until all amounts due hereunder are paid in full. Other than Borrower's obligation to
pay any minimum interest charge and prepayment penalty, Borrower may pay all or a portion of the amount owed earlier than It Is due. Early
payments will not, unless agreed to by Lender in writing, relieve Borrower of Borrower's obligation to continue to make payments under the
payment schedule. Rather, early payments will reduce the principal balance due and may result in Borrower's making fewer payments.
Borrower agrees not to send Lender payments marked "paid in full ", "without recourse ", or similar language. If Borrower sends such a
payment, Lender may accept it without losing any of Lender's rights under this Note, and Borrower will remain obligated to pay any further
amount owed to Lender. All written communications concerning disputed amounts, including any check or other payment instruMent that
Indicates that( the payment constitutes "payment in full" of the amount owed or that is tendered with other conditions or limitations or as full
satisfaction of a disputed amount must be mailed or delivered to: Susquehanna Bank PA c/o Loan Operations, P.O. Box 2000 Lititz, PA
17543 -7030:
LATE CHARGE. If a payment is 10 days or more late, Borrower will be charged 10.000% of the regularly scheduled payment or $20.00,
whichever is:greater.
INTEREST AFTER DEFAULT. Upon default, Including failure to pay upon final maturity, the Interest rate on this Note shall be in 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. Etch of the. following shall constitute an event of default ( °Event of Default ") under this Note:
Payment Default. Borrower falls to make any payment when due under this Note.
Other Defaults. Borrower fails to comply with or to perform any other term, obligation, Covenant or condition contained in this Note or in
any of the related documents or to comply with or to perform any term, obligation, covenant or condition contained In any other agreement
between Lender and Borrower.
Default in Favor of Third parties. Borrower or any Grantor defaults under any loan, extension of credit, security agreement, purchase or
sales agteement, or any other agreement, in favor of any other creditor or person that may materially affect any of Borrower's property or
Borrower's ability to repay this Note or perform Borrower's obligations under this Note or any of the related documents.
False St`etements. 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.
Dee }h or Insolvency. The death of Borrower or the dissolution or termination of Borrower's existence as a going business, the Insolvency
of Borrower, the appointment of a receiver for any part of Borrower's property, any assignment for the benefit of creditors, any type of
creditor workout, or the commencement of any proceeding under any bankruptcy or Insolvency laws by or against Borrower.
Creditor -or Forfeiture Proceedings. Commencement of foreclosure or forfeiture proceedings, whether by judicial proceeding, self -help,
repossession or any other method, by any creditor of Borrower or by any governmental agency against any collateral securing the loan.
This includes a garnishment of any of Borrower's accounts, including deposit accounts, with Lender. However, this Event of Default shall .
not apply If there is a good faith dispute by Borrower as to the validity or reasonableness of the claim which is the basis of the creditor or
forfeiture proceeding and If Borrower gives Lender written notice of the creditor or forfeiture proceeding and deposits with Lender monies or
a surety bond for the creditor or forfeiture proceeding, in an amount determined by Lender, in its sole discretion, as being an adequate
reserve or bond for the dispute.
Events Affecting Guarantor. Any of the preceding events occurs with respect to any guarantor, endorser, surety, or accommodation party
of any'of the indebtedness or any guarantor, endorser, surety, or accommodation party dies or becomes Incompetent, or revokes or
disputes the validity of, or liability under, any guaranty of the indebtedness evidenced by this Note. In the event of a death, Lender, at its
option, may, but shall not be required to, permit the guarantor's estate to assume unconditionally the obligations arising under the guaranty
In a.manher satisfactory to Lender, and, In doing so, cure any Event of Default.
Adverse Change. A material adverse change occurs in Borrower's financial condition, or Lender believes the prospect of payment or
performance of this Note is Impaired.
Insecurity. Lender'In good faith believes itself insecure.
Cure Provisions. If any default, other than a default In payment Is curable and If Borrower has not been given a notice of a breach of the
same provision of this Note within the preceding twelve 02) months, it may be cured If Borrower, after receiving written notice tram
Lender demanding cure of such default: (1) cures the default within fifteen 05) 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: 10004213426 (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 low, 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 11, 2008, to Lender on real property located in Cumberland County, Commonwealth of
Pennsylvania.
(B) an Assignment of All Rents to Lender on real property located in Cumberland County, Commonwealth of Pennsylvania.
SIGN AND ADVERTISING . At Lender's request, Borrower shall place a sign at a location on the property satisfactory to Lender, which sign shall
recite, among other things, that Lender is financing the project. Borrower expressly authorizes Lender to include the project and Lender's role in
financing the project In news'releases and such other advertising as Lender may elect, during the project term and thereafter for a period not to
exceed one year. This authorization shall Include any photographs, film or electronic images of the project or Borrower's representatives made
in connection with the project and permits Inclusion of the terms of the. project financing In any media selected by Lender including electronic or
Internet communications. This provision shall not be construed to require Lender to advertise the project or to include it in any media
presentations. The consideration hereunder is agreed to be applicable fo this provision; no additional compensation shell be due to Borrower for
any sign or advertising by Lender.
FINANCIAL STATEMENTS. Borrower will furnish Lender with, as soon as available, but in no event later than one hundred twenty (120) days
after the end of each fiscal year, Borrower's-financial statement, prepared by Borrower, and a completed federal tax return for the year ended,
All financial reports required to be provided Linder this Agreement shall be prepared in accordance with generally accepted accounting principles,
applied on a consistent basis, and certified by Borrower as being true and correct.
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 Iii the Borrower, (11) this loan, (Ili) 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 Vv) 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.
SUCCESSOR INTERESTS. The terms of this Note shell be binding upon Borrower, and upon Borrower's heirs, personal representatives,
successors and assigns, and shell 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 remedles 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, shell 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 fhe 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 then 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 00 %) 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 �r ""' -»+�^^ y ( Seal)
Harold F. Dumais
uilll rw IMAI, Vo. r.>,.loam Cry,. M�bn� IMAM IW Ym, x., 1 /n. 1E01. M Mym Mil. -PA M.51oMHRMKYMJlIp1"C MnN M4 .
EXHIBIT `B"
DISCLO_ -RE FOR CONFESSION OF JL-GMENT
References in the boxes above are for Lender's use only and do not limit the a licabilit ofthis document to an
Any item above conteinin pp Y Y particular loan or item.
g "' "'" hes been omitted due to text length limitations.
DeCiarant: Harold F. Dumais Lender: Susquehanna Bank PA
19 Hamlet Street .
Pascoag, RI 02859 -3007 Camp Hill
201 St Johns Church Road
Camp Hill, PA 17011
DISCLOSURE FOR CONFESSION OF JUDGMENT
I AM EXECUTING, THIS pqy OF 20
ME TO REPAY THAT AMO - 0 - 0 . , A PROMISSORY NOTE FOR $91,000.00 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, 1 AM KNOWINGLY, INTELLIGENTLY, AND VOLUNTARILY WAIVING THESE RIGHTS, INCLUDING ANY RIGHT
TO ADVANCE NOTICE OF THE ENTRY OF JUDGMENT, AND I EXPRESSLY AGREE AND CONSENT TO LENDER'S ENTERING JUDGMENT
AGAINST 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 1 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.
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 510,000; 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.
DECLARANT:
X 1 Sea1l
larold F Dumais
U5v .......... Vw. 6.99.It1A91 C 0 11w1nA fFn,M S,Ntby Ma. 1991, 3tg9. A9 "b9e 9".rtrW. PA N:19t19AN[PAIf:fM911G59FC iA.
.. 11699 PF6
EXHIBIT "C"
3usquehanaa
Susquehanna Bancshares, Inc.
307 International Circle
Suite 600
Hunt Valley, MD 21030 -1376
VIA 1" CLASS MAIL AND CERTIFIED MAIL RETURN RECEIPT REQUESTED
January 29, 2013
Harold F.Dumais 91 7199 9991 7030 6649 6885
19 Hamlet Street
Pascoag, RI 02859 -3007
RE: Loan number 10004213426 in the original principal amount of $91,000.00 secured by
real property commonly known as 149 South Enola Drive, Enola Pennsylvania.
Pursuant to the terms and provisions of a Promissory Note, Open -End Mortgage and Security
Agreement and an Assignment of Rents dated February 11, 2008 in the amount of $91,000.00 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, formerly Susquehanna Bank
PA, as lender, this letter is to advise you 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 11, 2012 and January 11, 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 January 29, 2013, the balance outstanding under the Loan Documents is $81,784.82 and
will accrue interest daily in the amount of $17.25 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 8, 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 8, 2013, sale of the collateral, including real property known as 149 South Enola
Drive, Enola 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,
1
Alison Fair
Loan Workout Officer
Phone: 410 -316 -0274
.5q'e'
201 St Johns Church Road
Camp Hill, PA 17011
(717) 920 -7605
November 13, 2012 JG
YOUR IMMEDIATE ATTENTION IS REQUIRED
HAROLD F DUMAIS
19 HAMLET STREET
PASCOAG RI 02859 -3007
Dear Mr. Dumais:
RE: Term Loan #10004213426
The loan referenced above is past due for the November 11, 2012 payment and will mature on
February 11, 2013. The Bank will not be extending the loan at maturity and the loan balance is
payable in full, including any accrued interest, late fees, satisfaction fees, etc. by February 11,
2013. A precise payoff figure is available to you upon request.
Please give this matter your immediate and prompt attention. Having received this notice,
please govern your actions accordingly.
Sincerely,
Ana Y st
Branch Relationship Manager
Ana.Yost @susquehanna.net
LM /cdt
SENT VIA 1 sT CLASS MAIL AND CERTIFIED MAIL RETURN RECEIPT REQUESTED —1—
VERIFICATION
SUSQUEHANNA BANK vs. HAROLD F. DUMAIS
I, ALISON FAIR, being duly affirmed according to law, depose and say that I am Loan
Workout Officer for Susquehanna Bank; 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: I I
A ison Fair
T HE #C'
OF T P1[E PRCTHONOTAR`r
2013 KAY 14 PM 2: 36
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 BAN K PA CUMBERLAND COUNTY,
Plaintiff PENNSYLVANIA
V. CIVIL ACTION — LAW
HAROLD F. DUMAIS, CONFESSION OF JUDGMENT
Defendant No. , ';mL S C�V
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 i%4 JO�
William F.
Keith Mooney, Esquire
Attorney for Plaintiff
3933153 -1
ED ��:
T � t #� p T fjaN 0 TA R
BARLEY SNYDER C"B E RSAND CODUNT
William F. Colby, Jr., Esquire YLVAN1.4
Keith Mooney, Esquire
Court T.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. DUMATS, CONFESSION OF JUDGMENT
Defendant
No. l
AFFIDAVIT OF BUSINESS PURPOSE
STATE OF MARYLAND
ss
COUNTY OF C g rre ll
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 /r1� �y , 2013.
DEAN p�
No ry
YOU 0 PRY P�.
my tP
COMMISSION z
? EXPIRES
S7, 4 / 2 7/2014
. 90 •. ��.
'�,, A ......... i
3933153 -1
OF Ttj� Pia OFF-/CE'
BARLEY SNYDER Pry 2' 38
William F. Colby, Jr., Esquire PE NNSYLV AND COUNT
Keith Mooney, Esquire NIA
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. 1 3 - D -�- J Q V I I
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
this
day of Mew 2013. o``���1 DEA^'
No ry u l'c _ COMMISSION
�C) 9
4 /27/2014 4 0
' %,'�p''••......... may, ��.`.
3933153 -1
Department of Defense Manpower Data Center Results as of: May -08- 201308:59:55
AOL SCRA 3.0
Status Report
Fur:uant to Serviceamembers Civil Relief Act
Last Name: DUMAIS
First Name: HAROLD
Middle Name: F
Active Duty Status As Of: May -08 -2013
onActiv - - --
. V - e Duty 3n Active Duty status Date ° �•- `.. x
ta
Active�Duty Star; Date uty Ehd Date
Stus o Service Component
NA NA
W NA
This response refle , 'e d' u81s',aative"t y t fg ed on-X on Status Date
r 1 A �_- -, LeftAOdve Duty Within 387 Days of Adive pUty Status Date r - -
3
Active Duty Start.Date ~ k: s Active.DutX End D_ ate - - • . 4�$latus - -
.. " _ s Servrce C ponent s : -
NA r�
A - NA
This response reflects q_-1 ind��ffd
�ual left act! to 8 da t
c. ..q � � „, ys precedir� th I - ty Status Date
The Membec or hlislHer Umt,Was Ngpfied of a Suture CaWp to Active buty on Aove Duty $IaWS Date
Drder No9,atton Sta Date �
c
_ !Y Order Notiftg8on End D
- t .Status S ponent
- eMce:Com s
NA _
NA
This response reflects whether tfle I - unit has I to report for active duty
Upon searching the data banks of the Department of Defense Manpower - ser-b e� ` d 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, NOAH, 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.
Mary M. Snavely- Dixon, Director
Department of Defense - Manpower Data Center
4800 Mark Center Drive, Suite 04E25
Arlington, VA 22350
THE f�'RDT��it�tdt�T�'�i�`i
BARLEY SNYDER
William F. Colby, Jr., Esquire 2013 HA p 14 PM 2' 3 9
Keith Mooney, Esquire CUMBERLAND COUNTY
Court I.D. No. 46880; 74001 PENNS YLV A NIA
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 -��a
No. L c
NOTICE UNDER RULE 2958.1
OF JUDGMENT AND EXECUTION THEREON
NOTICE OF DEFENDANTS' RIGHTS
TO: HAROLD F. DUMAIS
DATE: May 42013
A judgment in the amount of $92,206.53, plus interest at the rate per day rate of $17.25
from May 1, 2013, continuing late fees, and costs of collection has been entered against you and
in favor of the Plaintiff, Susquehanna Bank, 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.
3548292 -1
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
34 S. Bedford Street
Carlisle, Pennsylvania
717- 249 -3166
Respectfully submitted,
BARLEY SNYDER
By
oi F. olby Jr. squire
Keith Mooney, Esquire
Attorney for Plaintiff
3548292 -1
GF' TF - P T110
;0 TA F�
2013 MA Y 1 pH 2: 37
CLIMBERL q IUD C Y
�'EhIA�S YLvA 1Vlq
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 0
No. 13 -a0 a s ,/v
CERTIFICATE OF RESIDENCE
PA. R.C.P. 236
I, 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 DER
By:
William Colb , Jr. Es e
Keith oney, ulre
Attorney for Plaintiff
3933153 -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. o S S7 r 11 1 - 11
(X) Notice is hereby given that a judgment in the above - captioned matter has been entered
against you in the amount of $92,206.53, on May �, 2013.
(X) A copy of all documents filed with the Prothonotary in support of the within judgment are
JA
enclosed.
J.ono Civivision
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
3933153 -1