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HomeMy WebLinkAbout13-4407 1�1i 'r 0T#101 0T ;a F. BARLEY SNYDER William F. Colby, Jr., Esquire C e? MH R L A N D COUNTY Keith Mooney, Esquire PENNSYLVANIA 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 SUCCESSOR COURT OF COMMON PLEAS OF TO GRAYSTONE BANK, a Division of CUMBERLAND COUNTY, Graystone Tower Bank PENNSYLVANIA Plaintiff CIVIL ACTION — LAW V. CONFESSION OF JUDGMENT DONALD S. FAILOR AND MICHELE L. FAILOR, �j— d / C! 1✓� Defendants 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 Defendants and confess judgment in favor of the Plaintiff and against the Defendants, as follows: Principal Balance $93,539.80 Interest to and including 7/10/13 1,016.66 Deferred Interest 987.72 Late Fees 2,410.23 Satisfaction Fees 130.00 Appraisal 300.00 Attorneys' Fees for Confession 9,554.42 Total $ 107,938.83 Interest continues to accrue at the per diem rate of $16.66 from July 10, 2013, continuing late fees, and costs of collection. BARLEY SNYDER B William F. Co y, Jr., Esquire Keith Mooney, Esquire Attorney for Plaintiff 3735921 f - tF No � r?, Aa� W TIJJE � c iry : ir, Y �3 J"i 2C; 11 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 SUCCESSOR COURT OF COMMON PLEAS OF TO GRAYSTONE BANK, a Division of CUMBERLAND COUNTY, Graystone Tower Bank PENNSYLVANIA Plaintiff CIVIL ACTION — LAW V. CONFESSION OF JUDGMENT DONALD S. FAILOR AND MICHELE L. FAILOR, De No. Defendants 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. Donald S. Failor and Michele L. Failor (the "Defendants ") are adult individuals with a last known address of 429 Dark Hollow Road, Shermansdale, PA 17090. 3. On June 11, 2010, for value received, in connection with a commercial, and not a consumer, transaction, Defendants executed to the order of, and delivered to Plaintiff a certain Promissory Note (the "Note ") pursuant to which the Defendants promised to pay to Plaintiff the principal amount of One Hundred One Thousand Two Hundred Dollars ($101,200.00), plus interest and late fees thereon as therein provided. A true and correct copy of the Note is attached 3936173 -1 hereto, made a part hereof, and marked as Exhibit "A." A true and correct copy of the Disclosures 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 Defendants is in default under the Note because the Defendants have failed, refused, and continues to fail and refuse to pay the monthly payments due Plaintiff under and pursuant to the Note. 7. The Plaintiff made demand upon Defendants for payment under and pursuant to the terms and conditions of the Note, which the Defendants have failed and refused to pay. A true and correct copy of the demand is attached hereto, made a part hereof, and marked as Exhibit "C ". 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 Defendants under the Note, as of July 10, 2013, is as follows: Principal Balance $93,539.80 Interest to and including 7/10/13 1,016.66 Deferred Interest 987.72 Late Fees 2,410.23 Satisfaction Fees 130.00 Appraisal 300.00 Attorneys' Fees for Confession 9,554.42 Total $ 107,938.83 3936173 -1 Interest continues to accrue at the per diem rate of $16.66 from July 10, 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 Defendants 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 Defendants in the sum of One Hundred Seven Thousand Nine Hundred Thirty -eight Dollars and Eighty -three Cents ($107,938.83), plus interest at the per diem rate of $16.66, from July 10, 2013, and costs of collection. BARLEY SNYDER By: �e William F. Colby, Jr., Esquire Keith Mooney, Esquire Attorneys for Plaintiff 3936173 -1 EXHIBIT "A" PROMISSORY NOTE Borrower: Donald S. Failor Lender: a Graystone Bank, a Division of Graystone Tower Bank Michele L. Failor Capital Region 429 Dark Hollow Road 112 Market Street Shermansdale, PA 17090 Harrisburg, PA 17101 Principal Amount: $101,200.00 Date of Note: June 11, 2010 PROMISE TO PAY. Donald S. Failor and Michele L. Failor ( "Borrower ") jointly and severally promise to pay to Graystone Bank, a Division of Graystone Tower Bank ( "Lender "), or order, in lawful money of the United States of America, the principal amount of One Hundred One Thousand Two Hundred & 001100 Dollars ($101,200.00), together with interest on the unpaid principal balance from June 11, 2010, until paid in full. PAYMENT. Subject to any payment changes resulting from changes in the Index, Borrower will pay this loan in accordance with the following payment schedule:. Principal and interest are due and payable in 60 equal consecutive monthly installments of $760.23 each, commencing on July 10, 2010 and ending June 10, 2015 (payment based on a 240 -month amortization). From the date hereof until June 10, 2015 ( "Initial Fixed Rate Period ") interest shall be fixed at 6.50 %. Thereafter, the Interest rate shall be re- negotiated to a new fixed rate offered by Lender in its sole discretion (and agreed to by Borrower), or the rate shall revert to Graystone Tower Bank's Prime Rate (as defined in Variable Interest Rate below) plus 1.00% (with a 5.00% floor). After the Initial.Fixed Rate Period and based on the subsequent change in interest rate, the monthly payment shall be changed to an amount sufficient to amortize the unpaid principal balance over the remaining amortization period of 180 months. Such payments shall begin July 10, 2015 and will continue until maturity. All unpaid principal together with any unpaid interest and late charges shall be due and payable at maturity, June 10, 2020. Unless otherwise agreed or required by applicable law, payments will be applied first to any accrued unpaid interest: then to principal; then to any late charges; and then to any unpaid collection costs. Borrower will pay Lender at Lender's address shown above or at such other place as Lender may designate in writing. VARIABLE INTEREST RATE. The interest rate on this Note is subject to change from time to time based on changes in an index which is Lender's Prime Rate (the "Index ") ' This is the rate Lender charges, or would charge, on 90-day unsecured loans to the most creditworthy corporate customers. This rate may or may not be the lowest rate available from Lender at any given time. Lender will tell Borrower the current Index rate upon Borrower's request. The interest rate change will not occur more often than each day. Borrower understands that Lender may make loans based on other rates as well. Interest on the unpaid principal balance of this Note will be calculated as described in the "INTEREST CALCULATION METHOD" paragraph using a rate of 1.000 percentage point over the Index. NOTICE: Under no circumstances will the interest rate on this Note be less than 5.000% per annum or more than the maximum rate allowed by applicable law. Whenever increases occur in the interest rate, Lender, at its option, may do one or more of the following: (A) increase Borrower's payments to ensure Borrower's loan will pay off by its original final maturity date, (B) increase Borrower's payments to cover accruing interest, (C) increase the number of Borrower's payments, and (D) continue Borrowers payments at the same amount and increase Borrower's final payment. INTEREST CALCULATION METHOD. Interest on this Note is computed on a 365/360 basis; that is, by applying the ratio of the interest rate over a year of 360 days, multiplied by the outstanding principal balance, multiplied by the actual number of days the principal balance is outstanding. All interest payable under this Note is computed using this method. PREPAYMENT. Borrower may pay without penalty 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 Borrowers 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 Lenders 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: GRAYSTONE TOWER BANK, 1828 Good Hope Road Enola, PA 17025. LATE CHARGE. If a payment is 15 days or more late, Borrower will be charged 10.000% of the regularly scheduled payment or $250.00, 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 adding an additional 2.000 percentage point margin ( "Default Rate Margin "). The Default Rate Margin shall also apply to each succeeding interest rate change that would have applied had there been no default. 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. 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 Borrowers existence as a going business, the insolvency of Borrower, the appointment of a receiver for any part of Borrowers 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 Borrowers 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 1 . PROMISSORY NOTE Loan No: 4000009216 (Continued) Page 2 of any of the indebtedness or any guarantor, endorser, surety, or accommodation party dies or becomes incompetent, or revokes or disputes the validity of, or liability under, any guaranty of the indebtedness evidenced by this Note. Adverse Change. A material adverse change occurs in Borrower's financial condition, or Lender believes the prospect of payment or performance of this Note is impaired. Cure Provisions. If any default, other than a default in payment is curable and if Borrower has not been given a notice of a breach of the same provision of this Note within the preceding twelve (12) months, it may be cured if Borrower, after Lender sends written notice to Borrower demanding cure of such default: (1) cures the default within fifteen (15) days; or (2) if the cure requires more than fifteen (15) days, immediately initiates steps which Lender deems in Lender's sole discretion to be sufficient to cure the default and thereafter continues and completes all reasonable and necessary steps sufficient to produce compliance as soon as reasonably practical. LENDER'S RIGHTS. Upon default, Lender may, after giving such notices as required by applicable law, declare the entire unpaid principal balance under this Note and all accrued unpaid interest immediately due, and then Borrower will pay that amount. 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. JURY WAIVER. Lender and Borrower hereby waive the right to any jury trial in any action, proceeding, or counterclaim brought by either Lender or Borrower against the other. GOVERNING LAW. This Note will be governed by 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 Dauphin 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. SECURITY. All collateral (as herein defined) is security for this'Note and any renewals, extensions and modifications thereof, and the payment, performance and discharge of all other present or future indebtedness, obligations and undertakings (whether individual, joint, several, direct, contingent or otherwise) of the Borrower to or for the benefit of Lender, whether arising directly to Lender under this Note or under any other agreement, promissory note or undertakings now existing or hereinafter entered into by the Borrower to the Lender. The term "Collateral" includes all tangible and intangible property (i) described in any mortgage, pledge, assignment or other security document separately executed in favor of Lender, and (if) in which a security interest has been granted to Lender pursuant to this Note. CROSS COLLATERALIZE/CROSS DEFAULT. This loan will be cross - collateralized /cross - defaulted with all other loans to Borrower, or any of Borrower's related entities, from Lender. If at any time there is a default under this loan, all loans will be considered in default and all outstanding amounts under the loans will be immediately due and payable in full. A default in one loan shall constitute a default in all others. 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. Each Borrower understands and agrees that, with or without notice to Borrower, Lender may with respect to any other Borrower (a) make one or more additional secured or unsecured loans or otherwise extend additional credit; (b) alter, compromise, renew, extend, accelerate, or otherwise change one or more times the time for payment or other terms of any indebtedness, including increases and decreases of the rate of interest on the indebtedness; (c) exchange, enforce, waive, subordinate, fail or decide not to perfect, and. release any security, with or without the substitution of new collateral; (d) apply such security and direct the orderor manner of sale thereof, including without limitation, any non - judicial sale permitted` by the terms of the controlling security agreements, as Lender in its discretion may determine; (e) release, substitute, agree not to sue, or deal with any one or more of Borrower's sureties, endorsers, or other guarantors on any terms or in any manner Lender may choose; and (f) determine how, when and what application of payments and credits shall be made on any other indebtedness owing by such other Borrower. Borrower and any other person who signs, guarantees or endorses this Note, to the extent allowed by law, waive presentment, demand for payment, and notice of dishonor. Upon any change in the terms of this Note, and unless otherwise expressly stated in writing, no party who signs this Note, whether as maker, guarantor, accommodation maker or endorser, shall be released from liability. All such parties agree that Lender may renew or extend (repeatedly and for any length of time) this loan or release any party or guarantor or collateral; or impair, fail to realize upon or perfect Lender's security interest in the collateral; and take any other action deemed necessary by Lender without the consent of or notice to anyone. All such parties also agree that Lender may modify this loan without the consent of or notice to anyone other than the party with whom the modification is made. The obligations under this Note are joint and several. If any portion of this Note is for any reason determined to be unenforceable, it will not affect the enforceability of any other provisions of this Note. CONFESSION OF JUDGMENT. BORROWER HEREBY IRREVOCABLY AUTHORIZES AND EMPOWERS ANY ATTORNEY OR THE PROTHONOTARY OR CLERK OF ANY COURT IN THE COMMONWEALTH OF PENNSYLVANIA, OR ELSEWHERE, TO APPEAR AT ANY TIME FOR BORROWER AFTER A DEFAULT UNDER THIS NOTE AND WITH OR WITHOUT COMPLAINT FILED, CONFESS OR ENTER JUDGMENT AGAINST BORROWER FOR THE ENTIRE PRINCIPAL BALANCE OF THIS NOTE AND ALL ACCRUED INTEREST, LATE CHARGES AND ANY AND ALL AMOUNTS EXPENDED OR ADVANCED BY LENDER RELATING TO ANY COLLATERAL SECURING THIS NOTE, TOGETHER WITH COSTS OF SUIT, AND AN ATTORNEY'S COMMISSION OF TEN PERCENT (10 %) OF THE UNPAID PRINCIPAL BALANCE AND ACCRUED INTEREST FOR COLLECTION, BUT IN ANY EVENT NOT. LESS THAN FIVE HUNDRED DOLLARS ($500) ON WHICH JUDGMENT OR JUDGMENTS ONE OR MORE EXECUTIONS MAY ISSUE IMMEDIATELY; AND FOR SO DOING, THIS NOTE OR A COPY OF THIS NOTE VERIFIED BY AFFIDAVIT SHALL BE SUFFICIENT WARRANT. THE AUTHORITY GRANTED IN THIS NOTE TO CONFESS JUDGMENT AGAINST BORROWER SHALL NOT BE EXHAUSTED BY ANY EXERCISE OF THAT AUTHORITY, BUT SHALL CONTINUE FROM TIME TO TIME AND AT ALL TIMES UNTIL PAYMENT IN FULL OF ALL AMOUNTS DUE UNDER THIS NOTE. BORROWER HEREBY WAIVES ANY RIGHT BORROWER MAY HAVE TO NOTICE OR TO A HEARING IN CONNECTION WITH ANY SUCH CONFESSION OF JUDGMENT AND STATES THAT EITHER A REPRESENTATIVE OF LENDER SPECIFICALLY CALLED THIS CONFESSION OF JUDGMENT PROVISION TO BORROWER'S ATTENTION OR BORROWER HAS BEEN REPRESENTED BY INDEPENDENT LEGAL COUNSEL. PROMISSORY NOTE Loan No: 4000009216 (Continued) Page 3 PRIOR TO SIGNING THIS NOTE, EACH BORROWER READ AND UNDERSTOOD ALL THE PROVISIONS OF THIS NOTE, INCLUDING THE VARIABLE INTEREST RATE PROVISIONS. EACH BORROWER AGREES TO THE TERMS OF THE NOTE. BORROWER ACKNOWLEDGES RECEIPT OF A COMPLETED COPY OF THIS PROMISSORY NOTE. THIS NOTE IS GIVEN UNDER SEAL AND IT IS INTENDED THAT THIS NOTE IS AND SHALL CONSTITUTE AND HAVE THE EFFECT OF A SEALED INSTRUMENT ACCORDING TO LAW. BORROWE Seal) X Seal} nal 10cfiele L. Failor LENDER: GRAYSTO BANK, A DIVISION OF G STONE TOWER BANK r Vice P sid LASER PRO L—JL g, V— 5.51.00.002 Copt Harland Fl—dai SOWOb , ax. 1897. 2010. Al Riq b R,-1. • PA PACMPLFWYC TR< T PR3 - EXHIBIT "B" DISCLOSURE FOR CONFESSION OF JUDGMENT Borrower: Donald S. Failor Lender: Graystone Bank, a Division of Graystone Tower Bank Michele L. Failor Capital Region 429 Dark Hollow Road 112 Market Street Shermansdale, PA 17090 Harrisburg, PA 17101 Declarant: Donald S. Failor 429 Dark Hollow Road Shermansdale, PA 17090 DISCLOSU E FOR CONFESSION OF JUDGMENT 1 AM EXECUTING, THIS DAY OF 20 ` D A PROMISSORY NOTE FOR $101,200.00 OBLIGATING ME TO REPAY THAT AMO NT. A. I UNDERSTAND THAT THE NOTE CON Al A CONFESSION OF JUDGMENT PROVISION THAT WOULD PERMIT LENDER TO ENTER JUDGMENT AGAINST ME IN COURT, AFTER 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 HAVIN READ AND DETERMINED WHICH OF THE FOLLOWING STATEMENTS ARE APPLICABLE, BY INITIALING EACH STATEMENT TH APPLIES, I REPRESENT THAT: INITIA ; 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 I INITIALED AND SIGNED IT; AND THAT I RECEIVED A COPY AT THE TIME OF SIGNING. THIS DISCLOSURE IS GIVEN UNDER SEAL AND IT IS INTENDED THAT THIS DISCLOSURE IS AND SHALL CONSTITUTE AND HAVE THE EFFECT OF A SEALED INSTRUMENT ACCORDING TO LAW. DECLARANT: X Don LASER PRO La hg. Vw. 5.51.00.002 Copy. HorbM FMe SW,t Om Im 1991. 2010. M RIgW Reserve L - PA P.%CFN.PL%D70.FC TRS j PRi ' DISCLOSURE FOR CONFESSION OF JUDGMENT Borrower: Donald S. Failor Lender: Graystone Bank, a Division of Graystone Tower Bank Michele L. Failor Capital Region 429 Dark Hollow Road 112 Market Street Shermansdale, PA 17090 Harrisburg, PA 17101 Declarant: Michele L. Failor 429 Dark Hollow Road Shermansdale, PA 17090 DISCLOSURE OR CONFESSION OF JUDGMENT I AM EXECUTING, THIS DAY OF ' 20 , A PROMISSORY NOTE FOR $101,200.00 OBLIGATING ME TO REPAY THAT AMOUNT. A. 1 UNDERSTAND THAT THE NOTE CONT N 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: J } X Seal) Michele L. Failor I M PRO Lm g, Vm 5.51.00.002 Cape. Har W Finmedal SakMO he 1091, 2010. M MgO R,w . - PA P:ICPNPL DWSC 1R�1 PR3 , EXHIBIT "C" Susgyehanna 91 7199 99.91 7033 4486 1056 VIA 1 sT CLASS MAIL AND CERTIFIED MAIL RETURN RECEIPT REQUESTEI§usquehanna Bancshares, Inc. 3.07 International Circle _ March 27, 2013 suite 600 Hunt Valley, MD 21030 -1376 Donald S. Failor Michele Failor 429 Dark Hollow Road Shermansdale, PA 17090 RE: Loan number 4000009216 in the original principal amount of $101,200.00 secured by a Mortgage and an Assignment of Rents on Real Property commonly known as 317 Carol Street, New Cumberland, PA. Pursuant to the terms and provisions of a Promissory Note, a Business Loan Agreement, and various related documents dated June 11, 2010 in the amount of $101,200.00, (collectively, the "Loan Documents ") between Donald S. Failor and Michele Failor, as borrower(s), and Susquehanna Bank (successors by merger of Graystone 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 February 10, 2012 and March 10, 2013. Consequently, the Lender has exercised our rights to declare all amounts outstanding under the Loan Documents to be immediately due and payable. 2) As of March 27, 2013, the balance outstanding under the Loan Documents is $97,271.86 and will accrue interest daily in the amount of $16.74662 everyday thereafter. 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 Susquehanna Bank, 307 International Circle, Suite 307, Hunt Valley, MD 21030, Attn: Denise Aherne - Venzke. 3) Only the amount to cure the default in full will be accepted. NO PARTIAL PAYMENT WILL BE ACCEPTED!! 4) You will be liable for any and all costs of collection in accordance with the Loan Documents. In addition, confessed judgment and liquidation of the collateral may take place. 5) 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. Susquehanna Bank (successors by merger of Graystone Bank) specifically reserves all rights, remedies and recourse under the Loan Documents, applicable law and otherwise. Since ly, Denise Aherne-Venzke Vice President Workout Manager Susquehanna 91 7199 9991 7030 4486 1063 VIA I" CLASS MAIL AND CERTIFIED MAIL RETURN RECEIPT REQUESTEI§usquehanna Bancshares, Inc. 307 International Circle March 27, 2013 suite 600 Hunt Valley, MD 21030 -1376 Donald S. Failor Michele Failor 429 Dark Hollow Road Shermansdale, PA 17090 RE: Loan number 4000009216 in the original principal amount of $101,200.00 secured by a Mortgage and an Assignment of Rents on Real Property commonly known as 317 Carol Street, New Cumberland, PA. Pursuant to the terms and provisions of a Promissory Note, a Business Loan Agreement, and various related documents dated June 11, 2010 in the amount of $101,200.00, (collectively, the "Loan Documents ") between Donald S. Failor and Michele Failor, as borrower(s), and Susquehanna Bank (successors by merger of Graystone 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 February 10, 2012 and March 10, 2013. Consequently, the Lender has exercised our rights to declare all amounts outstanding under the Loan Documents to be immediately due and payable. 2) As of March 27, 2013, the balance outstanding under the Loan Documents is $97,271.86 and will accrue interest daily in the amount of $16.74662 everyday thereafter. 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 Susquehanna Bank, 307 International Circle, Suite 307, Hunt Valley, MD 21030, Attn: Denise Aherne - Venzke. 3) Only the amount to cure the default in full will be accepted. NO PARTIAL PAYMENT WILL BE ACCEPTED!! 4) You will be liable for any and all costs of collection in accordance with the Loan Documents. In addition, confessed judgment and liquidation of the collateral may take place. 5) 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. Susquehanna Bank (successors by merger of Graystone Bank) specifically reserves all rights, remedies and recourse under the Loan Documents, applicable law and otherwise. Sin r ly, Denise Aherne- Venzke Vice President Workout Manager VERIFICATION I, DENISE AHERNE- VENZKE, being duly affirmed according to law, depose and say that I am Vice President for Susquehanna Bank; that I am authorized to make this Verification on its behalf and that the facts set forth in the foregoing Complaint are true and correct to the best of my knowledge, information, and belief. To the extent that any of the averments in the foregoing document are based upon the understanding or application of law, I have relied upon counsel in making this Verification. This Verification is made subject to the p ties of 18 Pa. C.S.A. §4904, relating to unsworn falsification to authorities. Date: -7113 Denise Aherne - Venzke 3936173 -1 PRO 1113 JUL 26 A 1 1: 4 U CC1111BERLAND COUNTY 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 SUCCESSOR COURT OF COMMON PLEAS OF TO GRAYSTONE BANK, a Division of CUMBERLAND COUNTY, Graystone Tower Bank PENNSYLVANIA Plaintiff CIVIL ACTION — LAW V. CONFESSION OF JUDGMENT DONALD S. FAILOR AND MICHELE L. No I � - �� ©� FAILOR, Defendants 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 last known address for the Defendants, Donald S. Failor and Michele L. Failor, is 419 Dark Hollow Road, Shermansdale, PA 17090. Respectfully submitted, BARLEY SNYDER By: William F. Colby, Jr. Esquire Keith Mooney, Esquire Attorney for Plaintiff 3936173 -1 ,mot N O 7A; I: BARLEY SNYDER A N I/: is � William F. Moone Esquire i'� U COIIr�` �, y, Q e 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 SUCCESSOR COURT OF COMMON PLEAS OF TO GRAYSTONE BANK, a Division of CUMBERLAND COUNTY, Graystone Tower Bank PENNSYLVANIA Plaintiff CIVIL ACTION — LAW V. C_ ONFESSION OF JUDGMENT DONALD S. FAILOR AND MICHELE L. FA.ILOR, No. Defendants AFFIDAVIT OF BUSINESS PURPOSE STATE OF MARYLAND ss COUNTY OF �C"Ld Before me, the undersigned authority, personally appeared DENISE AHERNE- VENZKE, who being duly sworn according to law, doth depose and say that the Promissory Note 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 o . a y personal, household, family or residential uses, as of the date of this Affidavit. Denise Aherne - Venzke SWORN and subV4jbed before me this / ay of _ , 2013. _ \\\ �r1y1�411id469h��� � �fl4 , ,k 57 3z�lf. •�` �' '� ® ks N Public �O o 1 Y 3936173 -1 .. E 0 0 I f , �_. THE 1 r, 2 26 Art H: 42 BARLEY SNYDER CWIBERLAND COUNT William F. Colby, Jr., Esquire PENNS,i"'l.VA141A 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 SUCCESSOR COURT OF COMMON PLEAS OF TO GRAYSTONE BANK, a Division of CUMBERLAND COUNTY, Graystone Tower Bank PENNSYLVANIA Plaintiff CIVIL ACTION — LAW V. CONFESSION OF JUDGMENT DONALD S. FAILOR AND MICHELE L. - % N o. V 3 7 v FAILOR, U Defendants NON - MILITARY AFFIDAVIT STATE OF MARYLAND ss COUNTY OF (z /7W Before me, the undersigned authority, personally appeared Denise Aherne - Venzke, who being duly sworn according to law, doth depose and say that Michele L. Failor, 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: 429 Dark Hollow Road Shermansdale, PA 17090 as of the date of this Affidavit. k 0, 1-1-4 Denise Aherne - Venzke SWORN 7o and sub ribed before me this 7 — day of , 2013. ary Public 3936173 -1 Department of Defense Manpower Data Center Results as of: Jul -10- 201311:23:20 SCRA 3.0 Stags Report ' Pumuant to Servicemembers Civil Relief Act Last Name: FAILOR First Name: MICHELE Middle Name: L. Active Duty Status As Of: Jul -10 -2013 On Active Duty On Active Duty Status Date_ �AcliWvety Start Date Active Duty End Date / Status Service Component NA NA NA This response reflects - e)ridMduals' alive jbl'slate§ based on ihe�A. ( Status Date Left Active Duty VAthin 367 Days of Active Duty Status Date Active Duty Start Date ) Active Duty E_nd Date \ _ Status Service Component NA �,. !�sr -� o p / NA This response reflects ere� g left all e�du> status wi`l(h+i��r+i:3�,6 ys Preoed�i[yn/g� the +)A� Duty Status Data The Member or Hishter Unit Was Notified of a Future Call-Up to Active Duty on Active Duty Status Date . Order Notification Start Date Order NoU\fi'c�a�tion End Date ,�_/ staatus�'�y7/ Service Component NA ��..,�a.I�.. /1- �lXl,! NA This response reflects whether � ` V Po Aindry ye��Isfher u� nit h rece lved eaf(y rpWi.1 to report for active duty \.-'�ti ,. Upon searching the data banks of the Department of Defense Manpow Center, ase` don 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. )ej�� „ . f" Mary M. Snavely- Dixon, Director Department of Defense - Manpower Data Center 4800 Mark Center Drive, Suite 04E25 Arlington, VA 22350 s fµ. T a atl+ l Si' # 4013 JUL 26 Mel 11: 42 BARLEY SNYDER CUMBERL COUNTY William F. Colby, Jr., Esquire PENNSYLVANIA Keith Mooney, Esquire Court LD. No. 46880; 74001 50 North Fifth Street, P.O. Box 942 Reading, PA 19603 -0942 (610) 376 -6651 Attorney for Plaintiff SUSQUEHANNA BANK SUCCESSOR COURT OF COMMON PLEAS OF TO GRAYSTONE BANK, a Division of CUMBERLAND COUNTY, Graystone Tower Bank PENNSYLVANIA Plaintiff CIVIL ACTION — LAW V. CONFESSION OF JUDGMENT DONALD S. FAILOR AND MICHELE L. FAILOR, No. Defendants NON - MILITARY AFFIDAVIT STATE OF MARYLAND ss COUNTY OF ���" Before me, the undersigned authority, personally appeared Denise Aherne - Venzke, who being duly sworn according to law, doth depose and say that Donald S. Failor, the Defendant, is not in the Military or Naval Service based on the following facts: Age of Defendant: 48 Last known place of employment: Stone House Auto Sales, LLC Last known place of residence: 429 Dark Hollow Road Shermansdale, PA 17090 as of the date of this Affidavit. 6e Denise Aherne - Venzke SWORN TO and subssc ibed efore me this rP ublic day o-I --f , 2013. ,,�\��\ No _ ,01ARV PUBO 0 •. 12-05.2�,� � 1CO��� \\`\ 3936173 -1 Results as Of: Jut-10 -2013 11:2125 w Department of Defense Manpower Data Center SCRA3.0 S Deport pumumt to SeMeememben Civil Relief Act Last Name: FAILOR First Name: DONALD Middle Name: S. Active Duty Status As Of: Jul -10 -2013 on Act Duty on Active Duty Status Data Active Duty Start Date Active Duty End Date status Service Component NA tf `S F.:f �.. " q e SlatusDate This response refs , the di dua s' active ut1!�tdUfs:based on e� Left Active Duty within 367 Days of Active Duty Status Date Status - Service Component Active Duty start Date Active Duty End Date _ 'T 1 - �� p NA 6� ';A � N °: till NA t 5 T statuswith�ul days preceding the Acute Doty Status Date This response reflects where the individual left aWve-duty Th Member or Ks/Her Unit Was Notified of a Future Cal W ut p to Ace Duty on Active Duty Status Date - Status Service Component order Notification End Date Order Notification Start Date 3, _ ; NA o a t� i nd ' NA This response reflects whether the9nd;4k 0 dr-hWhe u�as rived. ded, the above is the status of � to report for active duty Upon searching the data banks of the Department of Defense Manpower Data Center. b sed on the information that you provi 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. ATA CENTER CANNOT AUTHO HOWEVER, WIT D THE DEPARTMENT OF DEFENSE MANPOWER HIS S THE SAME INDIVIDUAL THAT YOUR QUERY REFERS TO. NAME AND DATE OF BIRTH ALONE DO NOT UNIQ ELY ATIVELY ASSERT THAT T IDENTIFY AN INDIVIDUAL. Mary M. Snavely- Dixon, Director Department of Defense - Manpower Data Center 4800 Mark Center Drive, Suite 04E25 Arlington, VA 22350 BARLEY SNYDER�, CD William F. Colby, Jr., Esquire Keith Mooney, Esquire v c rC' ;'. Court I.D. No. 46880 74001 G -�' 50 North Fifth Street, P.O. Box 942 c , : Reading, PA 19603 -0942 (610) 376 -6651 Attorney for Plaintiff SUSQUEHANNA BANK SUCCESSOR COURT OF COMMON PLEAS OF TO GRAYSTONE BANK, a Division of CUMBERLAND COUNTY, Graystone Tower Bank PENNSYLVANIA Plaintiff CIVIL ACTION - LAW V. CONFESSION OF JUDGMENT DONALD S. FAILOR AND MICHELE L. FAILOR, No. 3 � V t o Defendants NOTICE UNDER RULE 2958.1 OF JUDGMENT AND EXECUTION THEREON NOTICE OF DEFENDANTS' RIGHTS TO: MICHELE L. FAILOR DATE: JULY A judgment in the amount of One Hundred Seven Thousand Nine Hundred Thirty -eight Dollars and Eighty -three Cents ($107,938.83), plus interest at the per diem rate of $16.66, from July 10, 2013, 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 3936173 -1 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. Colby, Jr., Esquir Keith Mooney, Esquire Attorney for Plaintiff 3936173 -1 SUSQUEHANNA BANK SUCCESSOR COURT OF COMMON PLEAS OF TO GRAYSTONE BANK, a Division of CUMBERLAND COUNTY, Graystone Tower Bank PENNSYLVANIA Plaintiff CIVIL ACTION — LAW V. CONFESSION OF JUDGMENT DONALD S. FAILOR AND MICHELE L. FAILOR, Defendants (X) Notice is hereby given that a judgment in the above - captioned matter has been entered against you in the amount of $107,938.83, on July, 2013. (X) A copy of all documents filed with the Prothonotary in support of the within judgmen e enclosed. trt ProtTono`Pary Clvll 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: Donald S.Failor Michelle L. Failor 419 Dark Hollow Road Shermansdale, PA 17090 3936173 -1 � I I_.1" U C J: u"F' ► NE 'r'RC ; tI0 N01AR Y 2313 JUL 26 AV 11: 39 CUMBERLAND COUNTY PENNSYLVANIA BARLEY SNYDER William F. Colby, Jr., Esquire Keith Mooney, Esquire . Court I.D. No. 46880; 74001 50 North Fifth Street, P.O. Box 942 Reading, PA 19603 -0942 (610) 376 -6651 Attorney for Plaintiff SUSQUEHANNA BANK SUCCESSOR COURT OF COMMON PLEAS OF TO GRAYSTONE BANK, a Division of CUMBERLAND COUNTY, Graystone Tower Bank PENNSYLVANIA Plaintiff CIVIL ACTION — LAW V. CONFESSION OF JUDGMENT DONALD S. FAILOR AND MICHELE L. FAILOR, No. Defendants ENTRY OF APPEARANCE Kindly enter the appearance of William F. Colby, Jr., Esquire, Keith Mooney, Esquire, and 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. Colby, Jr., Esqui Keith Mooney, Esquire Attorney for Plaintiff 3936173 -1 SHERIFF'S OFFICE OF CUMBERLAND COUNTY_ Ronny R Anderson �' Sheriff Jody S Smith �tiJ n 12 Atli 10: ' Chief Deputy Richard W Stewart Solicitor . PEW11SYLVA�V'1A Susquehanna Bank Case Number vs. Donald S Failor(et al.) 2013-4407 SHERIFF'S RETURN OF SERVICE 08/01/2013 Sheriff Ronny R Anderson, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit: Michele L. Failor, but was unable to locate the Defendant in the Sheriffs bailiwick. The Sheriff therefore deputizes the Sheriff of Perry, Pennsylvania to serve the within Complaint in Confession of Judgment according to law. 08/05/2013 02:37 PM -The requested Complaint in Confession of Judgment served by the Sheriff of Perry County upon Michele L. Failor, personally, at 492 Dark Hollow Road, Shermansdale, PA 17090. Carl Nace, Sheriff, Return of Service attached to and made part of the within record. SHERIFF COST: $37.00 SO ANSWERS, August 09, 2013 RbNW R ANDERSON, SHERIFF (c)CountySuite Sheriff,Teleosoft,Inc. Susquehanna Bank IN THE COURT OF COMMON PLEAS OF THE 41st JUDICIAL DISTRICT OF PENNSYLVANIA, PERRY COUNTY BRANCH Versus Michele L. Failor No. 2013-4407 Cumberland Co. SHERIFF'S RETURN And now August 5 , 2013 : Served the within name Michele L. Failor the defendant(s) named herin, personally at her place of residence in Carroll Twp-429 Dark Hollow Road, Shermans Dale, Perry County, PA, on August 5 , 2013 at 2:37 o'clock PM by handing to Michele Failor, defendant 1 true and attested copy(ies) of the within Complaint in Confession of Judgment and made known to her the contents thereof Sworn and subscribed to before me this_6---6— day of So answers f c Ft Deputy Sheriff of Perry County COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL MARGARET F.FLICKINGER,Notary Public Bloomfield Boro,Perry County My Commission Expires February 16,2016 23 AUG 3 0 Atf to: 4 6 BARLEY SNYDER "BE S ND COUNTY William F. Colby, Jr., Esquire ,tVANIA 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 SUCCESSOR COURT OF COMMON PLEAS OF TO GRAYSTONE BANK, a Division of CUMBERLAND COUNTY, Graystone Tower Bank PENNSYLVANIA Plaintiff CIVIL ACTION—LAW V. CONFESSION OF JUDGMENT DONALD S. FAILOR AND MICHELE L. FAILOR, No. 13-4407 Defendants 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 Donald S. Failor, Defendant; 3. and against the following Garnishee: 4. and enter this Writ in Judgment index (a) against Donald S. Failor, Defendant; and (b)'against as Garnishee as a lis pendens against real property of the defendant in name of garnishee as follows: Lf 5. Amount Due: $ 107,938.83 Interest per diem $16.66 from 7/10/13 $ Costs to be added $ BARLEY SNYDER By: Willi m 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 I.D. #46880; 206319 2013 Certification I certify that (a) This praecipe is based upon a judgment entered by confession, and (c) Notice will be served at least thirty days prior to the date of the sheriff s sale of real property pursuant to Rule 2958.2. William F. Colby, Jr. Keith Mooney 4043280-1 Ir ILED-C:IFF ICE Or THE PROT'HONOTAR`r I I3 Atha 30 AN 10: 4 7 CUMBERLAND COUNTY 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 SUCCESSOR COURT OF COMMON PLEAS OF TO GRAYSTONE BANK, a Division of CUMBERLAND COUNTY, Graystone Tower Bank PENNSYLVANIA Plaintiff CIVIL ACTION—LAW V. CONFESSION OF JUDGMENT DONALD S. FAILOR AND MICHELE L. FAILOR, No. 13-4407 Defendants AFFIDAVIT PURSUANT TO RULE 3129.1 Susquehanna Bank, 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 317 Carol Street, New Cumberland Borough, Cumberland County, Pennsylvania; Parcel No. 26-23- 0543-030. 1. Name and address of Owners(s)or Reputed Owner(s): Name: Donald S. Failor Address: 429 Dark Hollow Road Shermansdale, PA 17090 2. Name and address of Defendant(s) in the Judgment: Name: Donald S. Failor Address: 429 Dark Hollow Road Shermansdale, PA 17090 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 4043280-1 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 Cornerstone Federal Credit Union 307 International Circle, Suite 600 5 Eastgate Drive Hunt Valley, MD 21030 P.O. Box 1181 Carlisle, PA 17013 5. Name and address of every other person who has any record lien on their property: None at this time. 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 317 Carol Street New Cumberland, PA 17070 Commonwealth of Pennsylvania Dept. of Revenue Bureau of Compliance 7th Floor Strawberry Square Harrisburg, PA 17128-0101 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 4043280-1 t Pennsylvania Department of Public Welfare TPL Casualty Unit, Estate Recovery Program PO Box 8486 Willow Oak Building Harrisburg, PA 17105-8486 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 Dater By: William F. Colby,Jr., Esquire Keith Mooney, Esquire Attorneys for Plaintiff 4043280-1 'RED OFF I C 0" Mir PROTHONOTARY 29,13 AUG 30 AM 10; 48 CUMBERLAND COUNTY 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 SUCCESSOR COURT OF COMMON PLEAS OF TO GRAYSTONE BANK, a Division of CUMBERLAND COUNTY, Graystone Tower Bank PENNSYLVANIA Plaintiff CIVIL ACTION—LAW V. CONFESSION OF JUDGMENT DONALD S. FAILOR AND MICHELE L. FAILOR, No. 13-4407 Defendants NOTICE UNDER RULE 2958.2 OF JUDGMENT AND EXECUTION THEREON NOTICE OF DEFENDANT'S RIGHTS TO: DONALD S. FAILOR �� . 04) DATE: 5"' ,2013 A judgment-in the amount of$107,938.83,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. 4043280-1 You may have legal rights to defeat the judgment or to prevent or delay the sheriffs sale. I. YOU MUST FILE A PETITION SEEKING RELIEF FROM THE JUDGMENT OR DELAY OF THE SHERIFF'S SALE PRIOR TO THE SHERIFF'S SALE OR YOU MAY LOSE YOUR RIGHTS. II. 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 4043280-1 THE PROTHONOTARY 1013 AUK' 30 AM 10: 48 CUMBERLAND COUNTY PENNSYLVANIA BARLEY SNYDER William F. Colby, Jr., Esquire Keith Mooney, Esquire Court I.D. No. 46880; 74001 50 North Fifth Street, P.O. Box 942 Reading, PA 19603-0942 (610) 376-6651 Attorney for Plaintiff SUSQUEHANNA.BANK SUCCESSOR COURT OF COMMON PLEAS OF TO GRAYSTONE BANK, a Division of CUMBERLAND COUNTY, Graystone Tower Bank PENNSYLVANIA Plaintiff CIVIL ACTION—LAW V. CONFESSION OF JUDGMENT DONALD S. FAII OR AND MICHELE L. FAILOR, No. 13-4407 Defendants 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: 317 Carol .Street, New Cumberland Borough, Cumberland County, Pennsylvania; Parcel No. 26-23-0543-030 4043280-1 THE JUDGMENT under or pursuant to which your property is being sold is docketed to: 2013-4407 The name of the owner or reputed owner of this property is: Donald S.Failor 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 4043280-1 f 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. illiam F. Colby, Jr., Esquire Keith Mooney, Esquire Attorneys for Plaintiff 4043280-1 PROPERTY DESCRIPTION ALL THAT CERTAIN lot or piece of ground situate in the Borough of New Cumberland, County of Cumberland and Commonwealth of Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at an iron pin on the northern side of Carol Street at the southern corner of land now or late of Dr. Edwards and a distance of one hundred fifty-one and one-tenth (151.1) feet measured along Carol Street from the northwest corner of Carol and Bridge Streets; thence along Carol Street South 60 degrees West a distance of eighty-one and ten hundredths (81.10) feet to an iron pin at Lot No. 34 on the hereinafter mentioned Plan of Lots; thence along Lot No. 34 North 30 degrees West a distance of one hundred ninety-four and fifty hundreds (194.50) feet to an iron pin; thence North 60 degrees East a distance of thirty-five (35) feet to an iron pin; thence by land now or late of Dr. Edward s South 43 degrees 20 minutes 03 seconds East a distance of one hundred ninety-nine and eighty-nine hundredths (199.89) feet to the place of Beginning. BEING Lot No. 33 on the Haldeman plot as recorded in Cumberland County Plan Book 2, Page 48. HAVING THEREON erected a 2-1/2 story dwelling house and frame garage and being numbered 317 Carol Street. BEING KNOWN as Tax Parcel #26-23-0543-030. SEIZED IN EXECUTION AS THE PROPERTY OF DONALD S. FAILOR 4043280-1 OF- ON0 TAR'i' 2813 AU;30 4M l CUMB'cRLANQ PENNSLVANIANT Y 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 SUCCESSOR COURT OF COMMON PLEAS OF TO GRAYSTONE BANK, a Division of CUMBERLAND COUNTY, Graystone Tower Bank PENNSYLVANIA Plaintiff CIVIL ACTION—LAW V. CONFESSION OF JUDGMENT DONALD S. FAILOR AND MICHELE L. FAILOR, No. 13-4407 Defendants 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 Donald S. Failor, located 317 Carol Street, New Cumberland Borough, Cumberland County,Pennsylvania; Parcel No.26-23-0543-030: 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. Donald S. Failor,No. 2013- 4407, 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 Donald S. Failor known and numbered as 317 Carol Street,New Cumberland Borough, Cumberland County,Pennsylvania; Parcel No.26-23-0543-030. 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 4043280-1 in accordance with the Schedule unless exceptions are filed thereto within ten (10) days thereafter. 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: William F. Colby, Jr., Esquire Keith Mooney, Esquire Attorney for Plaintiff 4043280-1 PROPERTY DESCRIPTION ALL THAT CERTAIN lot or piece of ground situate in the Borough of New Cumberland, County of Cumberland and Commonwealth of Pennsylvania, more particularly bounded and described as follows, to wit; BEGINNING at an iron pin on the northern side of Carol Street at the southern corner of land f now or late of Dr. Edwards and a distance of one hundred fifty-one and one-tenth (151.1) feet measured along Carol Street from the northwest corner of Carol and Bridge Streets; thence along Carol Street South 60 degrees West a distance of eighty-one and ten hundredths (81.10) feet to an iron pin at Lot No. 34 on the hereinafter mentioned Plan of Lots; thence along Lot No. 34 North 30 degrees West a distance of one hundred ninety-four and fifty hundreds (194.50) feet to an iron pin; thence North 60 degrees East a distance of thirty-five (35) feet to an iron pin; thence by land now or late of Dr. Edward s South 43 degrees 20 minutes 03 seconds East a distance of one hundred ninety-nine and eighty-nine hundredths(199.89) feet to the place of Beginning. BEING Lot No. 33 on the Haldeman plot as recorded in Cumberland County Plan Book 2, Page 48. HAVING THEREON erected a 2-112 story dwelling house and frame garage and being numbered 317 Carol Street. BEING KNOWN as Tax Parcel#26-23-0543-030. SEIZED IN EXECUTION AS THE PROPERTY OF DONALD S. FAILOR 4443280-t WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO. 13-4407 Civil COUNTY OF CUMBERLAND) CIVIL ACTION—LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due SUSQUEHANNA BANK SUCCESSOR TO GRAYSTONE BANK,A DIVISION OF GRAYSTONE TOWER BANK Plaintiff(s) From DONALD S. FAILOR AND MICHELE L. FAILOR (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: $107,938.83 L.L.: $.50 Interest PER DIEM$16.66 FROM 7/10.13 Atty's Comm: Due Prothy: $2.25 Atty Paid: $111.50 Other Costs: Plaintiff Paid: Date:AUGUST 30,2013 David D. Buell, honotary (Seal) Deputy REQUESTING PARTY: Name: KEITH MOONEY,ESQUIRE Address: BARLEY SNYDER 50 NORTH FIFTH STREET,P.O.BOX 942 READING,PA 19603 Attorney for:PLAINTIFF Telephone: 610-376=6651 Supreme Court ID No. 74001 �al3 'y i4m Q:SV �6 tzy [� 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 SUCCESSOR COURT OF COMMON PLEAS OF TO GRAYSTONE BANK, a Division of CUMBERLAND COUNTY, Graystone Tower Bank PENNSYLVANIA Plaintiff CIVIL ACTION—LAW V. CONFESSION OF JUDGMENT DONALD S. FAILOR AND MICHELE L. FAILOR, No. 13-4407 Defendants 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: 1409 Third Street, East Pennsboro Township, Cumberland County, Pennsylvania; Parcel No.45-17-1044-045. 4043685-1 THE JUDGMENT under or pursuant to which your property is being sold is docketed to: 2013-4398 The name of the owner or reputed owner of this property is: Donald S.Failor 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 4043685-1 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., Esgi e Keith Mooney, Esquire Attorneys for Plaintiff 4043685-1 PROPERTY DESCRIPTION ALL THAT CERTAIN piece or parcel of land, situate in the Borough of West Fairview, NKA East Pennsboro Township, County of Cumberland, Commonwealth of Pennsylvania, more particularly bounded and described as follows, to wit: COMMENCING at a point on the East side of Third Street, said point being at the northwestern corner of other lands of the grantee herein; thence in a northerly direction along the East side of Third Street a distance of 40 feet to a point at the southwestern corner of land of Von Shuler; thence in an easterly direction along the southern line of said Shuler land a distance of 145 feet to a stake on the western line of an alley; thence in a southerly direction along said western line of said alley a distance of 40 feet to a stake at the northeastern corner of land Iof the grantees herein; thence in a westerly direction along the northern line of land of the grantees herein a distance of 145 feet to a point on the eastern side of Third Street, the place of Beginning. BEING KNOWN as Tax Parcel #45-17-1044-045. SEIZED IN EXECUTION AS THE PROPERTY OF DONALD S. FAILOR 4043685-1 OF f 'r� 1"k�D,tgT,� BARLEY SNYDER 2013 OCT 23 I William F. Colby, Jr., Esquire Keith Mooney, Esquire JM E RLAND CQU,, d!Y Court I.D. No. 46880; 74001 PENNSYLVANIA 50 North Fifth Street, P.O. Box 942 Reading, PA 19603-0942 (610) 376-6651 Attorney for Plaintiff SUSQUEHANNA BANK SUCCESSOR COURT OF COMMON PLEAS OF TO GRAYSTONE BANK, a Division of CUMBERLAND COUNTY, Graystone Tower Bank PENNSYLVANIA Plaintiff CIVIL ACTION— LAW V. CONFESSION OF JUDGMENT DONALD S. FAILOR AND MICHELE L. FAILOR, No. 13-4407 Defendants 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: Donald S.Failor 429 Dark Hollow Road Shermansdale,PA 17090 by certified,return receipt requested mail and by regular, first class mail at on October 17,2013. The original Receipt for Certified Mail is attached hereto. {, ARLEY SNYDER Date: v 22013 By: elly unn e ,Paralegal for Plaintif P.O. Box 942, Reading,PA 19603-0942 Sworn and subscribed to before me thiol y of , 2013. ATLI)�r , �fitai:rPublic COMMONWEALTH OP PENNSYLVANIA Notarial Seal Lisa Doyle,Notary Public City of Reading,Berks County 4093202_1 My Commission Expires May 14,2014 Member,Pennsvivania Dissociation 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 SUCCESSOR COURT OF COMMON PLEAS OF TO GRAYSTONE BANK, a Division of CUMBERLAND COUNTY, Graystone Tower Bank PENNSYLVANIA Plaintiff CIVIL ACTION—LAW V. CONFESSION OF JUDGMENT DONALD S. FAILOR AND MICHELE L. FAILOR, No. 13-4407 Defendants 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 4093202_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 Pennsylvania Department of Public Welfare TPL Casualty Unit, Estate Recovery Program PO Box 8486 Willow Oak Building Harrisburg, PA 17105-8486 Cornerstone Federal Credit Union 5 Eastgate Drive P.O. Box 1181 Carlisle, PA 17013 Tenant/Occupant 317 Carol Street New Cumberland, PA 17070 BARLEY SNYDER Date: V Z ,2013 By: elly Cunnee , aralegal for Plaintiff P.O. Box 942, 50 North Fifth Street Reading,PA 19603-0942 (610) 898-7167 Sworn and subscribed to before me thig ty of >�Q,l , 2013. Aqto'U4 Notary Public COMMONWEALTH OF PENNSYLVANIA Notarial Seat Lisa Doyle,Notary Public City of Reading,Berks County My Commission Expires May 14,2014 Member.Pennsvlvania Association of Notaries 4093202_1 UNITEDSTATES - Certifii Kelly Cunneen,Paralegal 1 DONALD S.FAILOR I Barley Snyder LLP a' 429 DARK HOLLOW RD r^ SHERMANSDALE,PA 17090 126 East King Street �Tg • , M Lancaster,PA 17602-2893 ` �s CD z', w ENDER: To: ..a EFEREWE: - —N O SB/FAILOR 3 ' h 3Forr7 JaR@ 800b9040 2069 6604 �r 0)N Q LYI ETURN Postage . !U +' I° ECEIPT Certified Fee 'S Form 3817,April 2007 PSN 7530-02-00Q-9065 ERVICE Return Receipt Fee 3 10 Restricted Delivery 1.25 Total Postage&Fees 0.00 i US Postal Service• POSTMARK OhUATE Receipt for UNITEDSTATES Certificate-Of Tn .v faw r rstam�a Artified Mail'" �� i Kelly Cunneen,Paralegal i o v, o Insurance Coverage Provided i Barley Snyder LLP - w Not Use for International Mail w 126 East King Street " • N - •--- --------------- - -- -- -- - - . o Lancaster,PA 17602-2893 Q�` rS C o QD Hasler o {fy 10/15/2013 N (D • $07 .202 �� 000 N o ` ZIP 17602 4 01ID11628654 ,1008 'S Form 3817,April 2007 PSN 7530-02-000-9065 C j C) � Sul en 0 UNITEDSTATES Certificate Of N To pay fee,effuf stamps or vtj N g i Kelly Cunneen,Paralegal motor postage W — S 1.., z Barley Snyder LLP �" _ 41 py 04 b � a 126 East King Street � o N o Lancaster,PA 17602-2893 V • r • lr_h• � �� � � _ 't use . o 70: � � 1_A co a �' I Q N Q N)y ' 1 ODo N CD � 10 PS Form 3817,Ap612007 'PSN 7530-02-000-9065 UN/TED57nr9c Certificate Of _ stamps - Kelly Cunneen,Paralegal Ma••• To pay tee,aRuc stamps or ' Barley Snyder LLP Street P p, D rS 126 East King j � � Lancaster,PA 17602-2893 i„ C? ~ To: US? ° {' t A- o o ! 00 a) r t 0)N Hasler � l o iasler 'S Form 3817,April 2007 PSN 7530-02-000-9065 $01 .20- ZIP 17602 011D11628654 UNIFEt3S7`dTES Certificate Of M: To pay tee,afrocstamps -.. :►= u� fl Q Kelly Cunneen,Paralegal QA DT r- Barley Snyder LLP U 126 East King Street 602-2893 3 * n z Lancaster,PA 17 A� o Se, U 5?'' v. .r W � - tV ~ Z To:. r N —a �J "' T ,aa 6 r t- H N CD 2 { fail)N v 110 U M PS Form 3817,April 2007 PSN 530-02-000-9065 N CC li a Pr—�, UNIMDSrATES Certific K'Ily Cunneen,Paralegal N i Barley Snyder LLP 126 East ��P D rS King Street A s (A' Lancaster,PA 17602-2893 y'� • i�v Q O J r To: U S�5 t7� O � 0) iv �N 4b, l o PS Form 3817,April 2007 PSN 7530-02.000-9065 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 4 tiMP -S PM 2: 35 1DERLi j D COUNTY PENNSYLVANIA Attorney for Plaintiff No. 13 -4407 SUSQUEHANNA BANK SUCCESSOR TO GRAYSTONE BANK, a Division of Graystone Tower Bank Plaintiff v. DONALD S. FAILOR AND MICHELE L. FAILOR, Defendants COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION — LAW CONFESSION OF JUDGMENT No. 13 -4407 MOTION OF SUSQUEHANNA BANK SUCCESSOR TO GRAYSTONE BANK, A DIVISION OF GRAYSTONE TOWER BANK TO POSTPONE SHERIFF'S SALE WITHOUT RE- ADVERTISING 1 Plaintiff filed its Writ of Execution in the instant matter on August 30, 2013 and scheduled Defendant, Donald S. Failor's property located at 317 Carol Street, New Cumberland Borough, Cumberland County, Pennsylvania; Parcel No. 26 -23- 0543 -030 (the "Premises ") for Sheriff's Sale on December 4, 2013. 2. On December 2, 2013, Plaintiff and Defendants, Donald S. Failor and Michele L. Failor, entered into an Amendment Number One to Forbearance Agreement. Amendment Number One to Forbearance Agreement provided the Defendants additional time to complete certain required terms and conditions before exposing the Premises at Sheriff's Sale. 3. The Sheriff's Sale was postponed until March 12, 2014. 4207961 No. 13-4407 4. On March 4, 2014, Plaintiff and Defendants, Donald S. Failor and Michele L. Failor, entered into an Amendment Number Two to Forbearance Agreement. Amendment Number Two to Forbearance Agreement provides the Defendants more time to complete certain required terms and conditions before exposing the Premises at Sheriff s Sale. 5. Plaintiff believes that an additional six (6) month postponement of the Sheriff s Sale to the September 3, 2014 Sheriff's Sale is sufficient. The continuance allows the Defendants more time to complete all of the terms and conditions of the Amendment Number Two to Forbearance Agreement and the additional cost and expense of providing additional notice and re-advertisement of the Sheriff's Sale will be avoided. 6. The Defendants are in agreement with this Motion and the continuance of the Sheriffs Sale to September 3, 2014. 7. The continuance of the Sheriff's Sale to September 3, 2014 with an announcement of such continuance being made at the March 12, 2014 Sheriff's Sale will not prejudice any party. 4207961-1 2 No. 13-4407 WHEREFORE, Plaintiff respectfully requests Your Honorable Court enter an Order of court postponing the Sheriff's Sale in this matter to September 3, 2014, ordering that an announcement of such postponement be made at the March 12, 2014 Sheriffs Sale and that no other notice of the continuance or re-advertising be required. By: 42079614 B EY S DER LLP F. Colby, Jr. Esquire Shawn M. Long, Es uire Attorney for Plaint" 50 North Fifth Street; P. 0. Box 942 Reading, PA 19603 Telephone: 610-376-6651 I.D. # 46880, 83774 2 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 No. 13-4407 SUSQUEHANNA BANK SUCCESSOR TO GRAYSTONE BANK, a Division of Graystone Tower Bank Plaintiff v. DONALD S. FAILOR AND MICHELE L. FAILOR, Defendants COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION — LAW CONFESSION OF JUDGMENT No. 13-4407 CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the Motion of Susquehanna Bank Successor to Graystone Bank, a Division of Graystone Tower Bank to Postpone Sheriff's Sale Without Re-Advertising (the "Motion") was served this Li day of 44 (Ara, , 2014, upon: Via First Class Mail: Donald S. Failor 429 Dark Hollow Road Shermansdale, PA 17090 By: 4207961-1 BARLEY S R LLP Willi; F. Colby, Jr., Esqu Shawn M. Long, Esquire Attorney for Plaintiff 50 North Fifth Street P. 0. Box 942 Reading, PA 19603 Telephone: 610-376-6651 I.D. # 46880, 83774 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 1.1„.ED-OFFIC THE PROTHONOTARY 2014 flAR 10 11 28 CUMBERLAND COUNTY PENNSYLVANIA Attorney for Plaintiff SUSQUEHANNA BANK SUCCESSOR TO GRAYSTONE BANK, a Division of Graystone Tower Bank Plaintiff v. DONALD S. FAILOR AND MICHELE L. FAILOR, Defendants COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION — LAW CONFESSION OF JUDGMENT No. 13-4407 ORDER AND NOW, to wit, this 7 day of iyArc,d, , 2014, upon consideration of the Motion of Susquehanna Bank Successor to Graystone Bank, a Division of Graystone Tower Bank to Postpone Sheriff's Sale Without Re-Advertising, it is ORDERED that the Sheriffs sale scheduled for March 12, 2014 be postponed to the Sheriff's Sale of September 3, 2014, that such postponement shall be announced by the Cumberland County Sheriff to those assembled at the March 12, 2014 Sheriff's Sale, and, that no further notice of such postponement or re-advertising shall be required. 4207961-1 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 n 13 '�s�9B �'' /. `, PENS YL c CaL''r'rVANIA Attorney for Plaintiff No. 13-4407 SUSQUEHANNA BANK SUCCESSOR TO GRAYSTONE BANK, a Division of Graystone Tower Bank Plaintiff v. DONALD S. FAILOR AND MICHELE L. FAILOR, Defendants COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION — LAW CONFESSION OF JUDGMENT No. 13-4407 MOTION OF SUSQUEHANNA BANK SUCCESSOR TO GRAYSTONE BANK, A DIVISION OF GRAYSTONE TOWER BANK TO POSTPONE SHERIFF'S SALE WITHOUT RE -ADVERTISING 1. Plaintiff filed its Writ of Execution in the instant matter on August 30, 2013 and scheduled Defendant, Donald S. Failor's property located at 317 Carol Street, New Cumberland Borough, Cumberland County, Pennsylvania; Parcel No. 26-23-0543-030 (the "Premises") for Sheriff's Sale on December 4, 2013. 2. On December 2, 2013, Plaintiff and Defendants, Donald S. Failor and Michele L. Failor, entered into an Amendment Number One to Forbearance Agreement. Amendment Number One to Forbearance Agreement provided the Defendants additional time to complete certain required terms and conditions before exposing the Premises at Sheriffs Sale. 3. The Sheriffs Sale was postponed until March 12, 2014. 4402816 •• No. 13-4407 4. On March 4, 2014, Plaintiff and Defendants, Donald S. Failor and Michele L. Failor, entered into an Amendment Number Two to Forbearance Agreement. Amendment Number Two to Forbearance Agreement provides the Defendants more time to complete certain required terms and conditions before exposing the Premises at Sheriff's Sale. 5. The Sheriffs Sale scheduled for March 12, 2014 was continued until September 3, 2014 by Court Order. 6. On June 3, 2014, Defendants filed a Voluntary Petition for Relief under Chapter 11 of the United States Bankruptcy Code, causing a stay of the Sheriffs Sale of the Premises scheduled for September 3, 2014. 7. Plaintiff believes that an additional three (3) month postponement of the Sheriff's Sale to the December 3, 2014 Sheriffs Sale is sufficient. The continuance allows the Defendants time to submit a plan of reorganization and the additional cost and expense of providing additional notice and re -advertisement of the Sheriffs Sale will be avoided. 8. The continuance of the Sheriff's Sale to December 3, 2014 with an announcement of such continuance being made at the September 3, 2014 Sheriffs Sale will not prejudice any party. 4402816-1 2 No. 13-4407 WHEREFORE, Plaintiff respectfully requests Your Honorable Court enter an Order of court postponing the Sheriffs Sale in this matter to December 3, 2014, ordering that an announcement of such postponement be made at the September 3, 2014 Sheriffs Sale and that no other notice of the continuance or re -advertising be required. By: 4402816-1 BARLEY SNY it iam F. Cub Jr., squir- Attorney for Plaintiff 50 North Fifth Street; P. O. Box 942 Reading, PA 19603 Telephone: 610-376-6651 I.D. # 46880 2 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 No. 13-4407 SUSQUEHANNA BANK SUCCESSOR TO GRAYSTONE BANK, a Division of Graystone Tower Bank Plaintiff v. DONALD S. FAILOR AND MICHELE L. FAILOR, Defendants COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION – LAW CONFESSION OF JUDGMENT No. 13-4407 CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the Motion of Susquehanna Bank Successor to Graystone Bank, a Division of Graystone To Bank to ' f st sone Sheriff's Sale f, l of Without Re -Advertising (the "Motion") was served this , 2014, upon: Via First Class Mail: Donald S. Failor Michele L. Failor 429 Dark Hollow Road Shermansdale, PA 17090 By: 4402816-1 day of BARLEY S ` `, !�..'I,�i�— Willi�am F. I olby, Esquir Attorney for laintiff 50 North Fifth Street P. O. Box 942 Reading, PA 19603 Telephone: 610-376-6651 I.D. # 46880 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 Ir't PROOFF THQ O 2014AJG IS PH 2: .JL CUMBERLAND COUNTY PENNSYLVANIA Attorney for Plaintiff SUSQUEHANNA BANK SUCCESSOR TO GRAYSTONE BANK, a Division of Graystone Tower Bank Plaintiff v. DONALD S. FAILOR AND MICHELE L. FAILOR, Defendants COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION — LAW CONFESSION OF JUDGMENT No. 13-4407 ORDER AND NOW, to wit, this /r day of "'"1 w.'- , 2014, upon consideration of the Motion of Susquehanna Bank Successor to Graystone Bank, a Division of Graystone Tower Bank to Postpone Sheriff's Sale Without Re -Advertising, it is ORDERED that the Sheriffs sale scheduled for September 3, 2014 be postponed to the Sheriffs Sale of December 3, 2014, that such postponement shall be announced by the Cumberland County Sheriff to those assembled at the September 3, 2014 Sheriff's Sale, and, that no further notice of such postponement or re -advertising shall be required. 14 Co LL7 Z0044,91- 02i LLE..1422- SlisAy Car y aejt4r-7 4402816-1 4 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 701,1 L'i3; t'25 s • 40 LY A NI /A' DCOupTV Attorney for Plaintiff No. 13-4407 SUSQUEHANNA BANK SUCCESSOR TO GRAYSTONE BANK, a Division of Graystone Tower Bank Plaintiff' v. DONALD S. FAILOR AND MICHELE L. FAILOR, Defendants COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION — LAW CONFESSION OF JUDGMENT No. 13-4407 MOTION OF SUSQUEHANNA BANK SUCCESSOR TO GRAYSTONE BANK, A DIVISION OF GRAYSTONE TOWER BANK TO POSTPONE SHERIFF'S SALE WITHOUT RE -ADVERTISING 1 Plaintiff filed its Writ of Execution in the instant matter on August 30, 2013 and scheduled Defendant, Donald S. Failor's property located at 317 Carol Street, New Cumberland Borough, Cumberland County, Pennsylvania; Parcel No. 26-23-0543-030 (the "Premises") for Sheriffs Sale on December 4, 2013. 2. On December 2, 2013, Plaintiffand Defendants, Donald S. Failor and Michele L. Failor, entered into an Amendment Number One to Forbearance Agreement. Amendment Number One to Forbearance Agreement provided the Defendants additional time to complete certain required terms and conditions before exposing the Premises at Sheriff's Sale. 3. The Sheriff's Sale was postponed until March 12, 2014. 4515564 No. 13-4407 4. On March 4, 2014, Plaintiff and Defendants, Donald S. Failor and Michele L. Failor, entered into an Amendment Number Two to Forbearance Agreement. Amendment Number Two to Forbearance Agreement provides the Defendants more time to complete certain required terms and conditions before exposing the Premises at Sheriff's Sale. 5. The Sheriff's Sale scheduled for March 12, 2014 was continued until September 3, 2014 by Court Order. 6. On June 3, 2014, Defendants filed a Voluntary Petition for Relief under Chapter 11 of the United States Bankruptcy Code, causing a stay of the Sheriffs Sale of the Premises scheduled for September 3, 2014. 7. The Sheriff's Sale scheduled for September 3, 2014 was continued until December 3, 2014 by Court Order. 8. On November 21, 2014, Plaintiff filed a Motion for Relief from the Automatic Stay (the "Bankruptcy Motion") with regard to the Voluntary Petition under Chapter 11, as Plaintiff has not received monthly post-petition payments on the loan. 9. On November 21, 2014, Plaintiff filed a Stipulation to cure the post-petition arrears in six months as well as make timely post-petition payments on the loan. 10. Plaintiff believes that an additional four (4) month postponement of the Sheriff's Sale to the April 1, 2015 Sheriffs Sale is sufficient. The continuance allows the Defendants time to adhere to the Stipulation and the additional cost and expense of providing additional notice and re -advertisement of the Sheriffs Sale will be avoided. 4515564-1 2 • No. 13-4407 11. The continuance of the Sheriff's Sale to April 1, 2015 with an announcement of such continuance being made at the December 3, 2014 Sheriff's Sale will not prejudice any party. WHEREFORE, Plaintiff respectfully requests Your Honorable Court enter an Order of court postponing the Sheriff's Sale in this matter to April 1, 2015, ordering that an announcement of such postponement be made at the December 3, 2014 Sheriff's Sale and that no other notice of the continuance or re -advertising be required. By: 4515564-1 Willi' 'F. Co1.E�; . M Attorney for Plate , 50 North Fifth Street; P. O. Box 942 Reading, PA 19603 Telephone: 610-376-6651 I.D. # 46880 BARLEY SNYD 2 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 SUSQUEHANNA BANK SUCCESSOR TO GRAYSTONE BANK, a Division of Graystone Tower Bank No. 13-4407 Attorney for Plaintiff Plaintiff v. DONALD S. FAILOR AND MICHELE L. FAILOR, Defendants COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION — LAW CONFESSION OF JUDGMENT No. 13-4407 CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the Motion of Susquehanna Bank Successor to Graystone Bank, a Division of Graystone TowerAank to Postpone Sheriff's Sale Without Re -Advertising (the "Motion") was served th64141 ay of/067) ,r , 2014, upon: Via First Class Mail: Donald S. Failor Michele L. Failor 429 Dark Hollow Road Shermansdale, PA 17090 By: 4515564-1 BARLEY SN William '. Colby, tr., E Attorney for Plaintiff 50 North Fifth Street P. O. Box 942 Reading, PA 19603 Telephone: 610-376-6651 I.D. # 46880 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 ti PEER-?(0Fl4tJ ii -V c i OE C —2 PM 2: 59 PENN SYLVAN ACOUNTY Attorney for Plaintiff SUSQUEHANNA BANK SUCCESSOR TO GRAYSTONE BANK, a Division of Graystone Tower Bank Plaintiff v. DONALD S. FAILOR AND MICHELE L. FAILOR, Defendants COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION — LAW CONFESSION OF JUDGMENT No. 13-4407 ORDER AND NOW, to wit, this 'day of)h_eili4014, upon consideration of the Motion of Susquehanna Bank Successor to Graystone Bank, a Division of Graystone Tower Bank to Postpone Sheriff's Sale Without Re -Advertising, it is ORDERED that the Sheriff's sale scheduled for December 3, 2014 be postponed to the Sheriff's Sale of April 1, 2015, that such postponement shall be announced by the Cumberland County Sheriff to those assembled at the December 3, 2014 Sheriff's Sale, and, that no further notice of such postponement or re -advertising shall be required. B T -CS. 7� QS %�Z.41 r% w. 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