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HomeMy WebLinkAbout13-2728 OF THE a j"O OFFICE a ar '4jj,, 2013 HE4 y 14 Fpl 2: 5 7 BARLEY SNYDER CUMBERLAND COUNTY William F. Colby, Jr., Esquire PENNs YLVANIA 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 O „ , No. 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 $80,390.97 Interest to and including 5/1/13 3,098.30 Late Fees 301.40 Satisfaction Fees 130.00 Appraisal Fees 450.00 Attorneys' Fees for Confession 8,348.93 Total $ 92,719.60 Interest continues to accrue at the per diem rate of $17.31 from May 1, 2013, continuing late fees, and costs of collection. BARLEYS DER �)� By: !TJ William F. lby, Jr., sq ire Keith Mooney, Esquire Attorney for Plaintiff 3735921 V"' 053 2 - NI ivLo AA I OF T�IE PR 0 OTARY 20; 3 till Y 14 PH 2 5 7 CUM BERLAN D � � COUNTY +�A NIA 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 March 3, 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, made a part 3933119 -1 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 3, 2012, as well as the full amount due Plaintiff on March 3, 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 $80,390.97 Interest to and including 5/1/13 3,098.30 Late Fees 301.40 Satisfaction Fees 130.00 Appraisal Fees 450.00 Attorneys' Fees for Confession 8,348.93 Total $ 92,719.60 3933119 -1 Interest continues to accrue at the per diem rate of $17.31 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 Seven Hundred Nineteen Dollars and Sixty Cents ($92,719.60), plus interest at the per diem rate of $17.31, from May 1, 2013, and costs of collection. BARLEY SNYnER - ( By: William F. b re Keith Mooney, Esquire Attorneys for Plaintiff 3933119 -1 EXHIBIT "A" Susquehanna Susquehanna Bank PROMISSORY NOTE ..:..... .:.:...:..:...._ ...............:..:.:..:.:::::.-.:.:::.::..:..............................._.......:::::.:::::..:::::::::.:::::.............. .............. +......:..::::::: A.ccaur(t............... __ ..:..ic r:::. - .:ar11i _'t.�tlti.��l >• -.; .: iii. �3- �t�d�..: f`' 3. b� =:�dT�....'i�0�4���t�7 °�:. >:: i��t_sz�.:.... _ c?1�R:���G :..:... ��� .:.: References In the boxes above are for Lender's use only and do not limit the applicability of this document to any particular loan or Item. Any Item above containing "• • "" has been omitted due to text length limitations. Borrower: Harold F. Dumais Lender' Susquehanna Bank PA 19 Hamlet Street Camp Hill Ppscoag, RI 02859 -3007 201 St Johns Church Road Camp Hill, PA 17011 Principal Amount: $91,000.00 Interest Rate: 7.750% Date of Note: March 3, 2008 PROMISE TOE PAY. Harold F. Dumais ( "Borrower ") promises to pay to Susquehanna Bank PA ( "Lender "), or order, In lawful money of the United 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% per annum on the unpaid principal balance from March 3, 2008, until paid in full. The interest rate may change under the terms and conditions of the "INTEREST AFTER DEFAULT" section. PAYMENT. Borrower will pay this loan in 59 regular payments of $753.51 each and one irregular last payment estimated at $80,244.89. Borrower's first payment is due April 3, 2006, and all subsequent payments are due on the some day of each month after that.. Borrower's final payment will:be due on March 3, 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 costa and late.charges, The anngol 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 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, evert upon full prepayment of this Note, Borrower understands that Lender Is entitled to a minimum interest charge of $2 Upon prepayment of this Note, Lender is entitled to the following prepayment penalty: During the term of the loan, Lender shall not be required to accept prepayments of principal. Any amount paid in excess of the scheduled payment and which Is derived from proceeds other than those generated from cash flow from normal operations or sales of assets shall be deemed a prepayment. In the event Borrower is permitted to make such a prepayment prior to maturity, such paymentls) shall be accompanied by a prepayment penalty equal to 2% of the principal amount prepaid (the "Prepayment Penalty" herein). Maturity shall mean either the original scheduled maturity or an earlier th time when e loan shall be accelerated and be due in full, unless due to a purposeful default by the Borrower. c 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 rightito 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 then 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"! 0.000% 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 tlje 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 ip Favor of Third Parties. Borrower or any Grantor defaults under any loan, extension of credit, security agreement, purchase or sales ag(eement, 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 - R - 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 bests 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 Lander, 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 0 2) months, it may be cured if Borrower, after receiving .written notice from Lender demanding cure of such default: (1) cures the default within fifteen (16) 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: 10004267687 (Continued) Page 2 ATTORNEYS' FEES; EXPENSES. Lender may hire or pay someone else to help collect this Note if Borrower does not pay. Borrower will pay Lender that amount. This includes, subject to any limits under applicable law, Lender's reasonable attorneys' fees and Lender's legal expenses, whether or not there is a lawsuit, including reasonable attorneys' fees, expenses for bankruptcy proceedings (including efforts to modify or vacate any automatic stay or injunction), and appeals. If not prohibited by applicable law, Borrower also will pay any court costs, in addition to all other sums provided by law. GOVERNING LAW. This Note will be governed by federal law applicable to Lender and, to the extent not preempted by federal law, the laws of the Commonwealth of Pennsylvania without regard to Its conflicts of law provisions. This Note has been accepted by Lender in the Commonwealth of Pennsylvania. CHOICE OF VENUE. If there Is a lawsuit, Borrower agrees upon Lender's request to submit to the jurisdiction of the courts of Cumberland County, Commonwealth of Pennsylvania. RIGHT OF SETOFF. To the extent permitted by applicable law, Lender reserves a right of setoff in all Borrower's accounts with Lender (whether checking, savings, or some other account). This includes all accounts Borrower holds jointly with someone else and all accounts Borrower may open in the future. However, this does not include any IRA or Keogh accounts, or any trust accounts for which setoff would be prohibited by law. - Borrower authorizes Lender, to the extent permitted by applicable law, to charge or setoff all sums owing on the indebtedness against any and all such accounts, and, at Lender's option, to administratively freeze all such accounts to allow Lender to protect Lender's charge and setoff rights provided in this paragraph. COLLATERAL. Borrower acknowledges this Note Is secured by the following collateral described In the security instruments listed herein: IA) an Open -End Mortgage dated March 3, 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 shell recite, among other things, that Lender is financing the project. Borrower expressly authorizes Lender to Include the project and Lender's role in financing the project in news releases and such other advertising as Lender may elect, during the project term and thereafter for a period not to exceed one year. This authorization shall include any photographs, film or electronic images of the project or Borrower's representatives made in connection with the project and permits inclusion of the terms of the, project financing in any media selected by Lender including electronic or Internet communications. This provision shall not be construed to require Lender to advertise the project or to include it In any media presentations. The consideration hereunder Is agreed to be applicable to this provision; no additional compensation shall be due to Borrower for any sign or advertising by Lender. 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 (1) the Borrower, (ii) 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 shell inure to the benefit of Lander and Its successors and assigns. GENERAL PROVISIONS. If any part of this Note cannot be enforced, this fact will not affect the rest of the Note. Lender may delay or forgo enforcing any of its rights or remedies under this Note without losing them. Borrower and any other person who signs, guarantees or endorses this Note, to the extent allowed by law, waive presentment, demand for payment, and notice of dishonor. Upon any change in the terms of this Note, and unless otherwise expressly stated in writing, no party who signs this Note, whether as maker, guarantor, accommodation maker or endorser, shall be released from liability. All such parties agree that Lender may renew or extend (repeatedly and for any length of time) this loan or release any party or guarantor or collateral; or impair, fail to realize upon or perfect Lender's security Interest in the collateral; and take any other action deemed necessary by Lender without the consent of or notice to anyone. All such parties also agree that Lender may modify this loan without the consent of or notice to anyone other than the party with whom the modification is made. The obligations under this Note are joint and several. If any portion of this Note is for any reason determined to be unenforceable, it will not affect the enforceability of any other provisions of this Note. CONFESSION OF JUDGMENT. BORROWER HEREBY IRREVOCABLY AUTHORIZES AND EMPOWERS ANY ATTORNEY OR THE PROTHONOTARY OR CLERK OF ANY COURT IN THE COMMONWEALTH OF PENNSYLVANIA, OR ELSEWHERE, TO APPEAR AT ANY TIME FOR BORROWER AFTER A DEFAULT UNDER THIS NOTE AND WITH OR WITHOUT COMPLAINT FILED, CONFESS OR ENTER JUDGMENT AGAINST BORROWER FOR THE ENTIRE PRINCIPAL BALANCE OF THIS NOTE AND ALL ACCRUED INTEREST, LATE CHARGES AND ANY AND ALL AMOUNTS EXPENDED OR ADVANCED BY LENDER RELATING TO ANY COLLATERAL SECURING THIS NOTE, TOGETHER WITH COSTS OF SUIT, AND AN ATTORNEY'S COMMISSION OF TEN PERCENT (10 %) OF THE UNPAID PRINCIPAL BALANCE AND ACCRUED INTEREST FOR COLLECTION, BUT IN ANY EVENT NOT LESS THAN FIVE HUNDRED DOLLARS ($800) 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: Harold F. Dumais wen rna L.wn . v«, aar.laml a u nynu �w�. . r� -- a eM.Il.l.w w� toNlYnr. M�. INt. awr. EXHIBIT "B" DISCLOSJRE FOR CONFESSION OF JGJGMENT .....: .: : .::.::.:.:....::..:......... .........................:............. ............................... I� I on #� �UtI#uriylar�.: Na I~a11 f Gall Acrunt jCer. ICIi # References in the boxes above are for Lender's use only and do not limit the applicability of this document to any particular loan or item. Any item above containing " "•'" has been omitted due to text length limitations. DeClarant: Harold F. Dumais Lender: Susquehanna Bank PA 19 Hamlet Street Camp Hill Pascoag, RI 02859 -3007 201 St Johns Church Road Camp Hill, PA 17011 DISCLOSURE FOR CONFESSION OF JUDGMENT I AM EXECUTING, THIS DAY OF u l 20 CB A PROMISSORY NOTE FOR $91,000.00 OBLIGATING ME TO REPAY THAT AMOUNT. A. I UNDERSTAND THAT THE NOTE CONTAINS A CONFESSION OF JUDGMENT PROVISION THAT WOULD PERMIT LENDER TO ENTER JUDGMENT AGAINST ME IN COURT, AFTER A DEFAULT ON THE NOTE, WITHOUT ADVANCE NOTICE TO ME AND WITHOUT OFFERING ME AN OPPORTUNITY TO DEFEND AGAINST THE ENTRY OF JUDGMENT. IN EXECUTING THE NOTE, BEING FULLY AWARE OF MY RIGHTS TO ADVANCE NOTICE AND TO A HEARING TO CONTEST THE VALIDITY OF ANY JUDGMENT OR OTHER CLAIMS THAT LENDER MAY ASSERT AGAINST ME UNDER THE NOTE, I AM KNOWINGLY, INTELLIGENTLY, AND VOLUNTARILY WAIVING THESE RIGHTS, INCLUDING ANY RIGHT TO ADVANCE NOTICE OF THE ENTRY OF JUDGMENT, AND I EXPRESSLY AGREE AND CONSENT TO LENDER'S ENTERING JUDGMENT AGAINST ME BY 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, 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 DETERMINED WHICH OF THE FOLLOWING STATEMENTS ARE APPLICABLE, BY INITIALING EACH STATEMENT THAT APPLIES, I REPRESENT THAT: INITIALS 1. 1 WAS REPRESENTED BY MY OWN INDEPENDENT LEGAL COUNSEL IN CONNECTION WITH THE NOTE. 2. A REPRESENTATIVE OF LENDER SPECIFICALLY CALLED THE CONFESSION OF JUDGMENT PROVISION IN THE NOTE TO MY ATTENTION. D. I CERTIFY THAT MY ANNUAL INCOME EXCEEDS $10,000; THAT THE BLANKS IN THIS DISCLOSURE WERE FILLED IN WHEN I INITIALED AND SIGNED IT; AND THAT I RECEIVED A COPY AT THE TIME OF SIGNING. THIS DISCLOSURE IS GIVEN UNDER SEAL AND IT IS INTENDED THAT THIS DISCLOSURE IS AND SHALL CONSTITUTE AND HAVE THE EFFECT OF A SEALED INSTRUMENT ACCORDING TO LAW. DECLARANT: Harold F. Dumais usln TO LwM[,0. Vw. 6]0.10.001 Cep. 11"Ind ]inw,aY 6aNM,. brv. 1]]>. 100]. MI Nll,ry M,wwd. . "� MOOOMIfR��KR1tRV130ft )I4a]OS pN) EXHIBIT "C" Susquehanna Susquehanna Bancshares, Inc. 307 International Circle Suite 600 Hunt Valley, MD 21030 -1376 VIA 1 sT CLASS MAIL AND CERTIFIED MAIL RETURN RECEIPT REQUESTED January 29, 2013 Harold F. Dumais 91 7199 9991 7030 6649 6878 19 Hamlet Street Pascoag, RI 02859 -3007 RE: Loan number 10004267687 in the original principal amount of $91,000.00 secured by real property commonly known as 155 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 March 3, 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 3, 2012 and January 3, 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 $82,177.78 and will accrue interest daily in the amount of $17.31 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 155 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 demanO for payment of all amounts due, or any of the rights available to the Lender under the Loan Documents or applicable law. Sincerely, Alison Fair Loan Workout Officer Phone: 41,0 -316 -0274 VERIFICATION SUSQUEHANNA BANK FORMERLY SUSQUEHANNA BANK PA 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 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. 4 Date: A ison Fair 6� o�i cwf8e.8L A '? .57 f SY1 A c o l UV 7} ` 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. U / f 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. *Esqire ire Keith Moo Attorney for Plaint iff 3933119 -1 e� �4 =M 3:). M- t,n © a T- -•-dam < BARLEY SNYDER = C-1 William F. Colby, Jr., Esquire Cn Keith Mooney, Esquire co 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 COUNTY OF 4rall ss 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, and subscribed before me this = d y of Am / l ® EAM N ry lic My 0 COMMISSION Z = EXPIRES ,�y�•, 4/27/2014 co unu�� 3933119 -1 r* t i � r Cn � • "CI rra BARLEY SNYDER 85 y r ;r- William F. Colby, Jr., Esquire xc C, ry Keith Mooney, Esquire Cn :r> Court I.D. No. 46880; 74001 50 North Fifth Street, P.O. Box 942 Reading, PA 19603 -0942 (610) 376 -6651 Attorney for Plaintiff SUSQUEHANNA BANK FORMERLY COURT OF COMMON PLEAS OF SUSQUEHANNA BAN K PA CUMBERLAND COUNTY, Plaintiff PENNSYLVANIA V. CIVIL ACTION — LAW HAROLD F. DUMAIS, CONFESSION OF JUDGMENT Defendant No. NON - MILITARY AFFIDAVIT STATE OF MARYLAND ss COUNTY OF Before me, the undersigned authority, personally appeared Alison Fair, who being duly sworn according to law, doth depose and say that .Harold F. Dumais, the Defendant, is not in the Military or Naval Service based on the following facts: Age of Defendant: 45 Last known place of employment: Unknown Last known place of residence: 19 Hamlet Street Pascoag, R.I 02859 as of the date of this Affidavit. Alison Fair SW and subscribed before me this davof , 2013. 'DEAN p. t No 1lary is 0 MY 0= T COMMISSION :Z ? EXPIRES •, 4 /27/2014 9 0 � •..... ' N 3933119 -1 Department of Defense Manpower Data Center Results as of: May-0&201308:59:55 SCRA 3.0 Slaw Report Pint to Savkmembm Civil Relief Act Last Name: DUMAIS First Name: HAROLD Middle Name: F Active Duty Status As Of: May -08 -2013 Du ty Active Duty Siatus Date _ - ;�'- - „�', - -. *° w • . - . AcLVe $taq Date G. :Duty End Date' .' S _ . NA " AgVe fetus Service Conn NA , NA This response refte 'e 3 u31s' otivE on talus Date �, a ed a Left Active Duty Within. 367 Days of Active Dut $fah1S Date - i Active Duty S" Date * utX r. _Active - D End Date Status" s Service C NA - A NA This response reflects eft t individual left acti _ wl)h rd6 days precedi$ th ty Status Date I - I a ry '.i t The Member or HislHer,Urut Was Nptified of a Future CaAd" -Up ,to Ad bury on Acut St. e Duty WS bale Y ._ . - Drder Nof�ficaf ' Ste Date Ord er Notification End Date x._': _ _ _ Status. ^' NA - _ - -ne:- �_ . - •.- $a Component NA This response reflects whether t - k e - It has recei j to report for active duty Upon searching the data banks of the Department of Defense Manpower I sed on the the individual on the active duty status date as to all branches of the Uniformed Services (Army, Navy, Marine Corps, t Corps, Air Force, NOAA, Public l Health, sta nd of 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. AAL ANt AK 4A+A�� Mary M. Snavely- Dixon, Director Department of Defense - Manpower Data Center 4800 Mark Center Drive, Suite 04E25 Arlington, VA 22350 F ILED—Of= FIC I iE PROTHONOTARy' 2013 MAY 14 PM 2= 5g CUMBERLAND COUNTY PEP�NSYLVA�dIA 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. 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: William F. olby, Jr. uire Keith Mooney, Esq re Attorney for Plainti 3933119 -1 FIL ED HE PRO THON 0 TAR BARLEY SNYDER 2013 MA Y ' William F. Colby, Jr., Esquire P¢ 2: s� Keith Mooney, Esquire CUMBERLAND COUNTY Court I.D. No. 46880; 74001 PEPIA�S YL� COU 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 JUDGMEN Defendant l �/ No. NOTICE UNDER RULE 2958.1 OF JUDGMENT AND EXECUTION THEREON NOTICE OF DEFENDANTS' RIGHTS TO: HAROLD F. DUMAIS DATE: May J �, 2013 A judgment in the amount of $92,719.60, plus interest at the rate per day rate of $17.31 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. 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 , William F. CV1by, Jr., E uire Keith Mooney, Esquir Attorney for Plaintiff 3548292 -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 $92,719.60, on May 2013. (X) A copy of all documents filed with the Prothonotary ' supp rt of the within judgme t are enclosed. l, 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 3933119 -1