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HomeMy WebLinkAbout13-2727 TAi - ( - y (�13 14 1`I : 47 BARLEY SNYDER C"BERL A ND ��� William F. Colby, Jr., Esquire PENNsYL �j� OU T Y Keith Mooney, Esquire Court I.D. No. 46880; 74001 50 North Fifth Street, P.O. Box 942 Reading, PA 19603 -9942 (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 ) ( v 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 $79,848.25 Interest to and including 5/1/13 2,578.42 Late Fees 150.68 Satisfaction Fees 130.00 Legal Fees 2,240.00 Attorneys' Fees for Confession '8,242.67 Total $ 93,190.02 Interest continues to accrue at the per diem rate of $17.19 from May 1, 2013, continuing late fees, and costs of collection. BARLEY SNYDER By. William F. C by, Jr., q re Keith Mooney, Esquir pb Attorney for Plaintiff 3735921 6 foil u W Gtr ��� C.. OF T E RRQjGtd': ""MAY « 0TA�� ", CUtIB 'RL A N PENt1S}% ACiq TY 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. 13 - p� 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 January 31, 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, 3933288 -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 January 1, 2013, as well as the full amount due Plaintiff on February 1, 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 $79,848.25 Interest to and including 5/1/13 2,578.42 Late Fees 150.68 Satisfaction Fees 130.00 Legal Fees 2,240.00 Attorneys' Fees for Confession 8,242.67 Total $ 93,190.02 3933288 -1 Interest continues to accrue at the per diem rate of $17.19 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 -three Thousand One Hundred Ninety Dollars and Two Cents ($93,190.02), plus interest at the per diem rate of $17.19, from May 1, 2013, and costs of collection. BARLEY SNYDER B William . of , r., Esquir Keith Mooney, Esquire Attorneys for Plaintiff 3933288 -1 EXHIBIT "A" Susquehanna Susquehanna Bank PROMISSORY NOTE . ..... ... .::::.:.::::..: References in the boxes above are for Lender's use only and do not limit the a licabilit of this document to en Any item above containin I d y Y particular loan or item. omitted due to text length limitations -. BOrrOWer: Harold F. Dumais Lend @r: Susquehanna Bank PA 19 Hamlet Street Pascoag, RI 02859 -3007 Camp Hill s. 201 St Johns Church Road Camp Hill, PA 17011 Principal Amount: $91,000.00 Interest Rate: 7.750% PROMISE TO PAY. Harold F. Dumals ( "Borrower ") promises to pay to Susquehanna Bank PA ( "Lender" Date o order, in lawful a m na of the Unit States of America, the principal amount of Ninety -one Thousand & 00/100 Dollars ($91,000.00), together with interest at the rate of 7.750 %' conditions of the "INTEREST AFTER DEFAULT" section. per annum on the unpaid principal balance from January 31, 2008, until paid in full. The interest rate may change under the terms and PAYMENT. Borrower will pay this loan in 59 regular payments of $753.44 each and one irregular last payment estimated at $80,278.74. Borrower's first payment is due March 1, 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 1, 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, then 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 date of the loan end 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 Borrower is permitted to make such a prepayment prior to maturity, such payment(s) shall be acgompanied by a prepaym event ent 2% of the principal amount prepaid (the "Prepayment Penalty" herein). Maturity shall mean either the origi penalty equal to nal 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 sale right to determine if the source of the proceeds is such that the Prepayment Penalty applies and whether any default is a purposeful default. No partial prepayment shall postpone or defer payments of future installments of principal and interest, which shall continue to be due and payable. at the time and in the amounts set forth above until all amounts due hereunder are paid in full. Other than Borrower's obligation to pay any minimum interest charge and prepayment penalty, Borrower may pay all or a portion of the amount owed earlier than it is due. Early payments will not, unless agreed to by Lender In writing, relieve Borrower of Borrower's obligation to continue to make payments under the payment schedule. Rather, early payments will reduce the principal balance due and may result in Borrower's making fewer payments. Borrower agrees not to send Lender payments marked "paid in full ", "without recourse ", or similar language. If Borrower sends such a payment, Lender may accept it without losing any of Lender's rights under this Note, and Borrower will remain obligated to pay any further amount owed to Lender. All written communications concerning disputed amounts, including any check or other payment instrument that indicates that the payment constitutes "payment in full" of the amount owed or that is tendered with other conditions or limitations or as full satisfaction of a disputed amount must be mailed or delivered to: Susquehanna Bank PA c/o Loan Operations, P.O. Box 2000 Lititz, PA 17543 -7030. LATE CHARGE. If a payment is 10 days or more late, Borrower will be charged 10.000% of the regularly scheduled payment or $20.00, whichever is greater. INTEREST AFTER DEFAULT. Upon default, including failure to pay upon final maturity, the interest rate on this Note shall be Increased by 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 Default ") under this Note: Payment Default. Borrower fails to make any payment when due under this Note. Other Defaults. Borrower fails to comply with or to perform any other term, obligation, covenant or condition contained in this Note or In any of the related documents or to comply with or to perform any term, obligation, covenant or condition contained in any other agreement between Lender and Borrower. Default in Favor of Third Parties. Borrower or any Grantor defaults under any loan, extension of credit, security agreement, purchase or sales agreement, or any other agreement, In favor of any other creditor or person that may materially affect any of Borrower's property or Borrower's ability to repay this Note or perform Borrower's obligations under this Note or any of the related documents. False Statements. Any warranty, representation or statement made or furnished to Lender by Borrower or on Borrower's behalf under this Note or the related documents is false or misleading in any material respect, either now or at the time made or furnished or becomes false or misleading at any time thereafter. Death or Insolvency. The death of Borrower or the dissolution or termination of Borrower's existence as a going business, the insolvency of Borrower, the appointment of a receiver for any part of Borrower's property, any assignment for the benefit of creditors, any type of creditor workout, or the commencement of any proceeding under.any bankruptcy or Insolvency laws by or against Borrower. Creditor or Forfeiture Proceedings. Commencement of foreclosure or forfeiture proceedings, whether by judicial proceeding, self -help, repossession or any other method, by any creditor of Borrower or by any governmental agency against any collateral securing the loan. This includes a garnishment of any of Borrower's accounts, including deposit accounts, with Lender. However, this Event of Default shall not apply if there is a good faith dispute by Borrower as to the validity or reasonableness of the claim which Is the basis of the creditor or forfeiture proceeding and if Borrower gives Lender written notice of the creditor or forfeiture proceeding and deposits with Lender monies 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 manner satisfactory to Lender, and, in doing so, cure any Event of Default. Adverse Change. A material adverse change occurs in Borrower's financial condition, or Lender believes the prospect of payment or performance of this Note is impaired. Insecurity. Lender in good faith believes itself insecure. Cure Provisions. If any default, other then 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 0 5) days; or (2) if the cure requires more than fifteen 0 5) 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: 10004148705 (Continued) Page 2 ATTORNEYS' FEES; EXPENSES. Lender may hire of 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 January 31, 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 a presentations. The c dvertise the project or to include it in any media onsideration hereunder is agreed to be applicable to this provision; no additional compensation shall 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 under this Agreement shall be prepared in accordance with generally accepted accounting principles, applied on a consistent basis, and certified by Borrower as being true and correct. 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 0 the Borrower, III) this loan, (iii) 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. 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 (10:6) 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. BORROWERS ACKNOWLEDGES RECEIPT OF A COMPLETED COPY OF THIS PROMISSORY NOTE. THIS NOTH IS GIVEN UNDER SEAL AND IT IS INTENDED THAT THIS NOTE IS AND SHALL CONSTITUTE AND HAVE THE EFFECT OF A SEALED INSPRUM' ENT ACCORDING TO LAW. EXHIBIT "B" DISCLOSURE FOR CONFESSION OF JUDGMENT .........: References in the boxes above ara for Lender's use onlyand do not limb the applicability of this document to any particular loan w item. Any ham above containing " "••" has been omitted due to taxi length limhations. Declarant: Harold F, pumals 19 Hamlet Street LOndBr: Susquehanna Bank PA Pascoag, RI 02859.3007 Camp Hill 201 St Johns Church Road Camp Hilt, PA 17011 DISCLOSURE FOR CONFESSION OF JUDGMENT I AM EXECUTING, THIS ,2 -: ) DAY OF J C C Ptak,-1 ME TO REPAY THAT AMOUNT. 20 q PROMISSORY NOTE FOR 591,000.00 OBLIGATING - T 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 1. 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 CONFESS(ON'OF JUDGMENT PROVISION IN THE NOTE ALSO CONTAINS LANGUAGE THAT WOULD PERMIT LENDER, AFTER ENTRY OF JUDGMENT, AGAIN WITHOUT EITHER ADVANCE NOTICE OR A HEARING, TO EXECUTE ON THE JUDGMENT BY FORECLOSING UPON, ATTACHING, LEVYING ON, TAKING POSSESSION .OF OR OTHERWISE SEIZING MY PROPERTY, IN FULL OR PARTIAL PAYMENT OF THE JUDGMENT. IN EXECUTING THE NOTE, BEING FULLY AWARE-OF MY RIGHTS. TO ADVANCE NOTICE AND A HEARING AFTER JUDGMENT IS ENTERED AND BEFORE EXECUTION ON THE JUDGMENT, I AM KNOWINGLY, INTELLIGENTLY AND VOLUNTARILY WAIVING THESE RIGHTS, AND I EXPRESSLY AGREE AND CONSENT TO LENDER'S IMMEDIATELY EXECUTING ON THE JUDGMENT IN ANY MANNER PERMITTED BY APPLICABLE STATE AND FEDERAL LAW, WITHOUT GIVING ME ANY ADVANCE NOTICE. C. AFTER HAVING READ AND DETERMINE[) WHICH OF THE FOLLOWING STATEMENTS ARE APPLICABLE, BY INITIALING EACH STATEMENT THAT APPLIES, I REPRESENT THAT: INITIALS 1. I WAS REPRESENTED BY MY OWN INDEPENDENT LEGAL COUNSEL IN CONNECTION WITH THE NOTE. 2. A REPRESENTATIVE OF LENDER SPECIFICALLY CALLED THE CONFESSION. OF JUDGMENT PROVISION IN THE NOTE TO MY ATTENTION. D. I CERTIFY THAT MY ANNUAL INCOME EXCEEDS $10,000, THAT THE BLANKS IN THIS DISCLOSURE WERE FILLED IN WHEN 1 INITIALED AND SIGNED IT: AND THAT 1 RECEIVED A COPY AT THE TIME OF SIGNING. THIS DISCLOSURE IS GIVEN UNDER SEAL AND IT IS INTENDED THAT THIS DISCLOSURE IS AND SHALL CONSTITUTE AND HAVE THE EFFECT OF A SEALED INSTRUMENT ACCORDING TO LAW, DECLARANT: r X i L�+l1�C C.� T "'� f Seal) Harald F. Dumals EXHIBIT 66C" Susquehanna Susquehanna Bancshares, Inc. 307 International Circle Suite 600 Hunt Valley, MD 21030 -1376 VIA I" CLASS MAIL AND CERTIFIED MAIL RETURN RECEIPT REQUESTED February 14, 2013 Harold F. Dumais 91 7199 9991 7030 6649 6960 19 Hamlet Street Pascoag, RI 02859 -3007 RE: Loan number 10004148705 in the original principal amount of $91,000.00 secured by real property commonly known as 23 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 January 31, 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 January 1, 2013 and February 1, 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 14, 2013, the balance outstanding under the Loan Documents is $81,418.14 and will accrue interest daily in the amount of $17.19 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 24, 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 24, 2013, sale of the collateral, including real property known as 23 South Enola Drive, Enola, Pennsylvania, may occur. Nothing in this letter should be deemed an agreement by the Lender to forbear from enforcing any rigWor 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. Sineere ?y; Alison Fair Loan Workout Officer Phone: 410- 316 -0274 201 St Johns Church Road Camp Hill, PA 17011 (717) 920 -7605 November 5, 2012 YOUR IMMEDIATE ATTENTION IS REQUIRED HAROLD F DUMAIS 19 HAMLET STREET PASCOAG RI 02859 Dear Mr. Dumais: RE: Term Loan #10004148705 The loan referenced above is past due for the October 1, 2012 payment and will mature on .February 1, 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 1, 2011 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 Yost Branch Relationship Manager Ana.Yo t@susquehanna.net LM /cdt SENT VIA 1 ST CLASS MAIL AND CERTIFIED MAIL RETURN RECEIPT REQUESTED Susquehanna Susquehanna Bank 201 St Johns Church Road Camp Hill, PA 17011 YOUR IMMEDIATE ATTENTION IS REQUIRED July 18, 2012 HAROLD F DUMAIS SG/�� 19 HAMLET STREET PASCOAG, RI 02859 Dear Mr. Dumais: RE: Loan number 10004148705 in the original principal amount of $91,000.00, secured by RE 23 South Enola Drive, Enola, PA 17025 -2701, Cumberland County, assignment of rents. Pursuant to the terms and provisions of,a Promissory Note, and various related documents dated January 31, 2008 in the amount of $91,000.00, (collectively, the: Loan Documents betweewHaroid F Dumais and Susquehanna Bank as lender, this letter is to advise you that: 1) You are in default under the Loan Documents for failure to make payments when and as due under the terms thereof on June 1, 2012 and July 1, 2012. 2) As of July 18, 2012, the amount past due under the Loan Documents is $1,506.88. The Lender hereby demands that you pay the amounts set forth by certified check, cashier's check or wire transfer and should be directed to my attention at the above address. 3) Only the amount to cure the default in full will be accepted. Partial payments in response to this letter will be applied but will not cure the default 4) Neither the contents of this letter nor the acceptance of late and partial payments shall constitute a waiver of the Bank's rights, remedies and recourse under the Loan Documents. 5) Failure to cure the loan default, no later than 2 PM EST, July 28, 2012, may result in the Bank declaring all amounts owed, immediately idue and payable. All amounts owed will include principal, interest, late charges, and costs incurred by the Bank in connection with collection and enforcement activities. A precise payoff figure will be provided to you upon request. 6) If the default is not cured, the Interest Rate will be increased to the default rate of 11.75% per the Terms of Default included in the Loan Documents. If the default is cured, we reserve the right to increase the interest rate if any default occurs in the future, including but not limited to any loan payment that is not made within 30 days of the due date. An increase in the interest rate may result in an increase in the principal due at maturity. Ifiyou - any questions regarding the loan, please contact me at (717) 920 -7605. Sincerely, Ana Yos Branch iRdlatioriship Manager Ana.Yost @susquehanna.net LM /cdt SE NT VIA 1 ST CLASS MAIL AND CERTIFIED MAIL RETURN RECEIPT REQUESTED VERIFICATION SUSQUEHANNA BANK FORMERLY SUSQUEHANNA BANK PA vs. HAROLD F. DUMAIS 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: I t ison Fair f r IE i PRO THO 1013 HA y 1 0 TA R 4 P z: 4 CU BERL q tIU 7 NIqSYLVANIA �v 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 ' D � � l 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 William F. olby, Jr., squ' e Keith Mooney, Esquir Attorney for Plaintiff 3933288 -1 HEM' pT BARLEY SNYDER 2013 HA y 1 4 PH 2; 4 � William F. Colby, Jr., Esquire cum gERLAND TY Keith Mooney, Esquire "S YLVANI 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 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. SWO Alison Fair TO and subscribed before me this day of , 201N��u�uuuur pEAN P t , lic s MY n. 0 COMMISSION Z EXPIRES �., 4/27/2014 1 CO%3 .N 3933288 -1 F ILED - OFFICE OF THIS Pf,'ofHoNO +Are'' 2f� 13 MA �' 14 P11 2:49 BARLEY SNYDER CUMBERLAND ����� - William F. Colby, Jr., Esquire CUMBERLAND Keith Mooney, Esquire P E N N SY LVANIA Court I.D. No. 46880; 74001 50 North Fifth Street, P.O. Box 942 Reading, PA 19603 -0942 (6l 0) 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 NON - MILITARY AFFIDAVIT STATE OF MARYLAND ss COUNTY OF 4L11 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 SWO and subscribed before me o tiunuuq„ this day of Gf , 2013. ��.� '6F:AN "o,,� N a u lic COrAMISSION Z` EXPIRES -$7 4/27/2014 3933288 -1 0. Department of Defense Manpower Data Center Results as of: May-08- 201308:59:55 SCRA 3.0 Status Repoit Pint to Servicemembels 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 Ai Active Duty Start Date - . Active Duty End Date _ - „_ Status Servlce Comport i NA NA � � NA This response refle e t u31s' �aotiF2utY''IS�$6�ed on talus Date Caft Active Du Within 367 O _ Duty ays of Active Duty Status Date .. _ .. Dury Start Data .Active Du End Data - { - •rswus- rv1ce.Component NA A NA•. - This response reflects elm ind ?dual left adi r - i t ' ,� to n , 6 days precedir�tj th jy i ry Status Date I I / The Member or His/Her Unrt.Was tJotfied of a future CaIWp to Active Dutton Active Outy'status Date . a ,' Order Nofficatlory Sfa Date - Service Comppnent _, - - .. ft. Order "cation End Qete 6taWS . NA NA This response reflects whether i' a unit has i _ to report for active duty Upon searching the data banks of the Department of Defense Manpower`Ba - -t eked 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. LA 'J_ A � Mary M. Snavely- Dixon, Director Department of Defense - Manpower Data Center 4800 Mark Center Drive, Suite 04E25 Arlington, VA 22350 r 0 Nah?0 B 2013 MA y 14 Pty 2: 4 BARLEY SNYDER PENNSYLV 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 - �1 -�� 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 SNYDER By: Willi . Colby, r. Es Keith ooney, Esqu' Attorney for Plaintiff 3933288 -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. (X) Notice is hereby given that a judgment in the above - captioned matter has been entered against you in the amount of $93,190.02, 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 3933288 -1 r r. 2013 AUG -2 Pik 12: BARLEY SNYDER CUMBERLAND COUNT 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. 13-2727 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: 3949739 5. Amount Due: $ 93,190.02 Interest per diem $17.19 from 5/1/13 $ Costs to be added $ BARLEY SNYDER By: :;9�� zl-� William F. Colby, Jr., Esquire Keith Mooney, Esquire Attorney for Plaintiff 50 North Fifth Street P. 0. Box 942 Reading, PA 19603 Telephone: 610-376-6651 C�y1 I 2013 I.D. #46880; 206319 a a"l , 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. i'.28.s'v I�L" L• UO aas4 1• William F. Colby, Jr. ^/J/. S U f Keith Mooney 3949739-1 � C FLED-6 F F'*,C 2013 AUG -2 PM 12: CUMBERLANO "OUNTY BARLEY SNYDER PENNSYLVANIA 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 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 23 South Enola Drive, East Pennsboro Township, Enola, Cumberland County,Pennsylvania;Parcel No.09-15-1291-024. 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 3949739-1 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 23 South Enola Drive Enola, PA 17025 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 3949739-1 r 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: By: / William' F.Colb Jr. Es Y� q e Keith Mooney,Esquire Attorneys for Plaintiff 3949739-1 29M AUG -2 PM 12= 08 CUMBERLAND COUNITY 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. 13-2727 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 Pile 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: 1�q William F. Colby, Jr., Esquir Keith Mooney, Esquire Attorney for Plaintiff 3949739-1 T 2 13 AUG -2 PM 12* 08 lt-y CUMBERLARD COUN 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 BANK PA CUMBERLAND COUNTY, Plaintiff PENNSYLVANIA V. CIVIL ACTION—LAW HAROLD F. DUMAIS, CONFESSION OF JUDGMENT Defendant No. 13-2727 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, I 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 3949739-1 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 3949739-1 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., EsqAe Keith Mooney, Esquire Attorneys for Plaintiff 3949739-1 t tLLLJ 2913 AUG -2 PM 12: C 8 CUMBERLAND COUNT i Y BARLEY SNYDER PENNSYLVANIA 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. 13-272'1 NOTICE UNDER RULE 2958.2 OF JUDGMENT AND EXECUTION THEREON NOTICE OF DEFENDANT'S RIGHTS TO: HAROLD F. DUMAIS DATE: _,2013 A judgment in the amount of$90,971.89,has been entered against you and in favor of the Plaintiff without any prior notice or hearing based on a confession of judgment contained in a written agreement or other paper allegedly signed by you. The Court has issued a writ of execution which directs the sheriff to levy upon and sell certain real property owned by you to pay the judgment. The sheriff's sale has been scheduled for December 4, 2013. 3949739-1 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 WAIVER OF WATCHMAN/WAIVER OF INSURANCE Any Deputy Sheriff levying upon or attaching any property under within writ may leave same without a watchman, in custody of whomever is found in possession, after notifying such person of such levy or attachment, without liability on the part of such deputy or the sheriff to any plaintiff herein for any loss, destruction or removal of any such property before sheriffs sale thereof, and the Sheriff is hereby released from all liability to protect the property described in the above execution by insurance, which insurance is hereby waived. William F. Colby, Jr., Esquire Keith Mooney, Esquire Attorney for Plaintiff M �= _, ! )> r CX? 3949739-1 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 13-2727 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$93, 190.02 Plaintiff Paid$ Interest per diem$17.19 from 5/1/13 Attorney's Comm. % Law Library$.50 Attorney Paid$74.50 Due Prothonotary$2.25 Other Costs$ Date: AUGUST 2,2013 am4L== David D.Buell,Prothonotary J Deputy REQUESTING PARTY: Name.: KEITH MOONEY,ESQ. 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. 46880 �" ���L r'•r�p Ck - C BARLEY SNYDER 2013 A06 27 PH 1: ' # William F. Colby, Jr., Esquire CUMBERLA Keith Mooney, Esquire PENNS NL) COUNT' Court I.D. No. 46880; 74001 ANNA 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 a 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 Sheriff s deed is delivered. 4039625 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., Esq 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 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 � I t i Fr- BARLEY SNYDER Z9 i3 in/ - +_ William F. Colby, Jr., Esquire r:tit°1 ;'l:t?( AND Court I.D. No.X46 80; 74001 � 1`i ''�f�- 1 ' �• 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. 13-2727 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: f C ,2013 By: / I + /.e1 � Ke y Neit ann,Paralegal for Plaints f P.O. Box 942, Reading, PA 19603-0942 Sworn and subscribed to before me thilday of ONO LIZ , 2013. tJ otary Public COMMONWEALTH OF PENNSYLVANIA Notarial Seal Jena Lynn Doemnan,Notary Public City of Reading,Becks County 4102813_1 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 BAN K PA CUMBERLAND COUNTY, Plaintiff PENNSYLVANIA v. CIVIL ACTION—LAW HAROLD F. DUMAIS, CONFESSION OF JUDGMENT Defendant No. 13-2727 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 4102813_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: )O/5b , 2013 By: 92e//07WA JL_ Kelly Ne ann,Paralegal for Plaints f P.O. Box 942, 50 North Fifth Street Reading, PA 19603-0942 (610) 898-7167 Sworn and subscribed to before me this3bday of Od-tobek_ , 2013. N ary Public A1114- j(3: 47611t ;.,fi r LTH OF PENNSYLVANIA Notarial Seal ;, v.n Doenman,Notary Public rtv Jr Reading,Berks County ,arrnsson Expires March 14,2016 aa"n 4SSOCIATION OF NOTARIES 4102813_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 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-I 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., Esquiry Keith Mooney, Esquire Attorneys for Plaintiff 3948909-I 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 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: r .� 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"F',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 39489094 UNITED STATES--"'"I Certificate '-- — .a.na.i��r Mail -u'. ` ' Kelly Cunneen,Paralegal m N ;IA Barley Snyder LLP w ) r a O■ I-/ . 126 East King Street - _ aP m y -{— "y Z Lancaster,PA 17602-2893 = -..-, .... +-.....k •••• is No ""' to IN.: as to Cig f, ,.. N O so. c `n i n PS Form 3817,April 2007 PSN 7530-02-000-9065 -' `° N V 9 cra 'c)_, r , cz, . , p99sz9 t I,C3 69, .,j - . ZQ9L d 1 .' . o Z- 0$ 39vtsas o UNITED STATES Certi as IS3214 Kelly Cunneen,Paralegal II , -• C o ii 1 Barley Snyder LLP -o m 126 East King Street . 0 0 '` Lancaster,PA 17602-2893 _. -- �• w '4: G") m O. ; , - -04 To:. upgri�l'/.L'�/[��`1T'>�1LIPi'i ,w A : a c) Will 1 li ,' 1 . t rit c° -°01 i,y , g V__ag Tinisizawirgreiribi& 832 C.) o v c..., .r., i.e.f PS Form 3817,April 2007 PSN 7530-02-000-9065 • ON i��. Y70 eD A o . i v � d Q rri ■�, J 8 �� �' i-- ej UtitITFDSTdTES Certifica .4 m 1 tel �/ Kelly Cunneen,paralegal M` it t� w T Barley Snyder LLP i �_, Lan aster p g Street F. 1J A 17602-2893 prar, b`'v. 49 �j;. rFR l a' e C o x 2 q- `j,...1:S. to N sn <-/'—'-4 IAIIIIIIJITIlitintranaliV6W. e'l ''''''... 41 I7998Z9I IC11 I0 .041+' — 11 /` lil 1. 0 0 L' le O S 3JvISOcd s 'S Form 3817,April 2007 PSN 7530-02-000-9065 i v ! £10ZI6Z/fl G a, issj a,a.erfr e _'„ UN/TEDSTATES Kelly Cunneen,Paralegal Certific 'q Of To pay fee,affix stamps o I Barley Snyder LLP y+ : -:' 126 East King Street 1 m Lancaster,PA 17602-2893 ' ' -` .- o 4,.. w ,, TER juuj�'g�``■■■■ jjjj/////I/////� ,. To: IRrJiiiiwfil� 5 fl :, te . II 64Elna 64- N)0 N - O PS Form 3817,April 2007 PSN 7530-02-000-9065 iiitil UNITEDSTIITES Certificate Of Topayfee,affastampsor inci meter postage here. Kelly Cunneen,Paralegal 61 ER p24\ f Barley Snyder LLP C."' O t 126 East King Street Co Lancaster,PA 17602-2893 -j ?9 c,00 -Sp CD R° � ��T d To: ifi'�1,, tilI rr rri,'el P III hIPI i1PMIM1 }• s• $ w SS1 1 YY f\1 PS Form 3817,April 2007 PSN 7530-02-000-9065 8f (7 CO m - m O z- 5mc -Ti -n Z -0--•x Q°c M miZ m 0 � Y der, 53 M S Q �; n C Z BYO ht _ t. •• O g a 'v al § $ = a ~ lit, m �tt d •o ci 3 m <0 '7 C4 . „,$ C O a m T a (l,, a m T e 9 12. 2 o m 0 m 8 d oNO q mg " cn v� N O ..+ -0 tri f co O Qn O to _j O Dtt O tty , N IT —+ RETURN OF SERVICE Commonwealth of Pennsylvania County of Cumberland Court Case Number ' 13tr — !1py� [/j +7 t f Plaintiff: e-U B Susquehanna Bank Formerly Susquehanna Bank PA PENNSY DV�OUNT,t/ vs. NIA Defendant: Harold F. Dumais, For: Barley Snyder LLC 126 East King Street Lancaster, PA 17602 Received by Nationwide Legal Support, Inc. on the 10th day of September,2013 at 2:57 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, 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. ran , e 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-2013001072 Copyright©1992-2011 Database Services,Inc.-Process Server's Toolbox V6 5h SHERIFF'S OFFICE OF CUMBERLAND COUNTY • Ronny R Anderson Sheriff Jody S Smith tit t 4.7 aieraGr ,9 f ��. t.0 I X71 Chief Deputy 4 231 ii FEB I I 2: c Richard W Stewart Solicitor CUMBERLAND COUNTY FFIcE of°"E C RL fi"° C PEt YLVANlA Susquehanna Bank vs. Case Number Harold F Dumais 2013-2727 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 Sheriff's 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. 09/27/2013 07:08 PM -Deputy Stephen Bender, 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 23 South Enola Drive, East Pennsboro-Township, Enola, PA 17025, 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 Sheriff's 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$43,500.00 to Central Penn Capital Management, LLC, being the buyer in this execution, paid to the Sheriff the sum of$ 12/30/2013 Proposed Schedule Of Distribution Posted, all parties notified. SHERIFF COST: $2,118.29 SO ANSWERS, January 16, 2014 RONR ANDERSON, SHERIFF %.D0 pd. adz. a• as Pd• Co. a jo/Saf c) can ySuite Sic 't Tetaoso'l In:_ • On September 3, 2013 the Sheriff levied upon the defendant's interest in the real property situated in East Pennsboro Township, Cumberland County, PA, Known and numbered as, 23 South Enola Drive, Enola, as Exhibit "A" filed with this writ and by this Reference incorporated herein. Date: September 3, 2013 By: L_VCckii_a---' Q...JP°1.-- Real Estate Coordinator 4 LXII 41 CUMBERLAND LAW JOURNAL 10/11/13 Writ No.2013-2723 Civil Term SUSQUEHANNA BANK vs. HAROLD F. DUMAIS Atty.: Keith Mooney ALL THAT CERTAIN tract of land located in the Borough of Lemoyne, County of Cumberland, Common- wealth 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 Al- ley; 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 Cum- berland 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 Av- enue,Lemoyne,Pennsylvania. BEING KNOWN as Tax Parcel#12- 22-0824-145. SEIZED IN EXECUTION AS THE PROPERTY OF HAROLD F.DUMAIS. 49 • 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. /Li Marie Coyne, Editor SWORN TO AND SUBSCRIBED before me this 25 day of October, 2013 10 ' g_;dea,;,„,d, Notary NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BOROUGH,CUMBERLAND COUNTY My Commission Expires Apr 28,2014 The Patriot:-News Co.X020 Technology Pkwy e atflotXews 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. 2013-2727 ChM Term SUSQUEHANNA BANK This ad ran on the date(s)shown below: HAROLD F DU NAts 10/13/13 Atty:-Keith Mooney ALL THAT CERTAIN lot or tract of land j? / 10/20/13 situate in East Pennsboro Township,County j ! 10/27/13 of Cumberland and State of Pennsylvania, more particularly bdunded and described as follows: BEGINNING at a point in the northwest tr/. corner of Casssatt Street and No Enola ' Drive,formerly called Brick Church mad; thence northwardly along the western line Sworn to . d subscribed before me this 11 day of November, 2013 A.D. of North Enola Driven 3 point;e ' thence.westwardly through the center partition wall dividing properties known as No.21 and No.23 South Enola Drive and 1 ' 1 :MINA beyond,125 feet to a point in the eastern line o ary Public of a 15 foot wide alley;thence aouthwardly along the eastern line of said alley 37.1(2 feet , to apoint in the northeast corner of said alley and Cassatt Street;thence eastwardly along COMMONWEALTH OE PENNSYLVANIA the northern hne of CassattStreet 125 feet to 1\111.arial Seal a Point the PlaaOf BE , Holly Lynn We �.1,Notary Public BEING Lot No 12 and the southern one-half Washington T?l'•,D3uphinCounty of Lot No.13 on the Plan of Lots known as My Commission Expires Dec.12,2016 Molt Addition to West Fairview,said plan MEMBER,PENNSYLVANIA ASSOCIATION OF NOTARIES r b PROPOSED SCHEDULE OF DISTRIBUTION Date Filed: December 30, 2013 • Writ No. 2013-2727 Civil Term Susquehanna Bank Formerly Susquehanna Bank PA Vs Harold F. Dumais 23 South Enola Drive Enola, PA 17025 Sale Date: December 4, 2013 Buyer: Central Penn Capital Management LLC Amount Due: $ 93,190.02 Interest: 3,661.47 Attorney Paid: 74.50 Total: $ 96,925.99 DISTRIBUTION: Receipts: Cash on Account (08/23/2013): $ 1,500.00 Cash on Account (12/04/2013): 4,350.00 Cash on Account (12/20/2013) 42,518.58 Total Receipts: $ 48,368.00 • Disbursements: Sheriffs Costs $ 1,768.29 Legal Search 350.00 Transfer Tax (Local) 1,073.79 Transfer Tax (State) 1,073.79 Debbie Lupold, East Pennsboro Twp Tax Collector 1,712.14 Attorney Keith Mooney 1,500.00 Susquehanna Bank Formerly 40,889.99 Susquehanna Bank PA Total Disbursements: ($48,368.00) Balance for distribution: 00.00 So Answers: ,,,,, ,a01,0041.1 ,1 onny R. Andersdrr Sheriff 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 Central Penn Capital Management LLC 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 2727, at the suit of Susquehanna Bank Formierly Susquehanna Bank Pa against Harold F. Dumais is duly recorded as Instrument Number 201403107. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office this / ) day of Fcb- , A.D. a.0/ Omy (AAdlori OC/704/ Recordef of Deeds Recorder of Deeds,Cumberland County,Carlisle,PA My Commission Expires the First Monday of Jan.2018