Loading...
HomeMy WebLinkAbout14-2901 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORRSTOWN BANK, CIVIL DIVISION Plaintiff, NO• VS. CIU WILLIAM P. DOUGLAS and BILLIE R. CARNES, Defendants. CONFESSION OF JUDGMENT Pursuant to the aforesaid Note a copy of which is attached to the Complaint filed in this action, I appear for the Defendants and confess judgment in favor of Plaintiff and against Defendants as follows: Principal $ 88,278.49 Interest through 4/23/2014 $ 565.24 Late Charges $ 150.00 Other Charges/Fees $ 66.56 Admin Fee $ 300.00 Attorney's Fees & Costs $ 8,884.37 (10% of Principal & Interest) TOTAL $ 98,244.66 with interest on the principal sum ($88,278.49) from April 24, 2014 at the rate of$10.42 per diem. JF cES Dated: I BY: ot A. ietterick, Esquire PA I.D. # 55650 Kathryn L. Mason, Esquire PA I.D. #306779 P.O. Box 650 Hershey, PA 17033 (717) 533-3280 � Q� PRO HAC VICE gu6,00 Attorneys for Defendants t Ie� A IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORRSTOWN BANK, CIVIL DIVISION 44:9o) oi cur Plaintiff, NO.: VS. TYPE OF PLEADING WILLIAM P. DOUGLAS and BILLIE R. CARNES, CIVIL ACTION - COMPLAINT IN CONFESSION OF JUDGMENT Defendants. FILED ON BEHALF OF: Orrstown Bank, Plaintiff TO: DEFENDANT(s) COUNSEL OF RECORD FOR THIS YOU ARE HEREBY NOTIFIED TO PLEAD TO THE PARTY: ENCLOSED COMPPAININ TWENTY(20)DAYS FROM SERVICE HAULT JUDGMENT Scott A. Dietterick, Esquire MAY BE ENTERED Pa. LD. #55650I ) Kathryn L. Mason, EsquirePa. I.D. #306779ATTORNE RP 1> w (7D rr CD � I HEREBY CERTIFY THAT THE ADDRESS OF THE PLAINTIFF IS: - �' JSDC LAW OFFICES t' ra 2695 Philadelphia Avenue ' Chambersburg,PA 17201 r„- AND THEDEFENDANT(S): P.O. BOX 650 Hershey,PA 17033 2127 Walnut B om Roa (717) 533-3280 Carlisle,PA 17 3 A,rToRIVOR LA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORRSTOWN BANK, CIVIL DIVISION n / Plaintiff, NO.: , VS. WILLIAM P. DOUGLAS and BILLIE R. CARNES, Defendants. CIVIL ACTION- COMPLAINT IN CONFESSION OF JUDGMENT And now comes Orrstown Bank,by its attorneys, JSDC LAW OFFICES, and files this Complaint in Confession of Judgment as follows: 1. The Plaintiff is Orrstown Bank (hereinafter"Plaintiff') with an address of 2695 Philadelphia Avenue, Chambersburg, Pennsylvania 17201. 2. The Defendants, William P. Douglas and Billie R. Carnes (hereinafter "Defendants") are adult individuals whose last known address is 2127 Walnut Bottom Road, Carlisle,Pennsylvania 17013. 3. On or about November 30, 2006, Defendants executed and delivered a certain Promissory Note("Note") in favor of Plaintiff in the original principal amount of$116,250.00, which Note authorized the confession of judgment against Defendants. A true and correct copy of said Note is marked Exhibit"A", attached hereto and made a part hereof. 4. The Note has not been released, transferred or assigned. 5. Judgment has not been entered against the Defendants on the Note in any jurisdiction. 6. The Defendants are in default under the aforesaid Note for failure to pay installments of principal and interest when due. 7. The judgment is not being entered by confession against a natural person in connection with a consumer credit transaction. 8. The itemization of the amount due, including interest and attorneys' fees as authorized by the Note is as follows: Principal $ 88,278.49 Interest through 4/23/2014 $ 565.24 Late Charges $ 150.00 Other Charges/Fees $ 66.56 Admin Fee $ 300.00 Attorney's Fees &Costs $ 8,884.37 (10%of Principal & Interest) TOTAL $ 98,244.66 with interest on the principal sum ($88,278.49) from April 24, 2014 at the rate of$10.42 per diem. WHEREFORE, Plaintiff, as authorized by the Note, demands judgment against the Defendants in the amount of$98,244.66,with interest on the principal sum ($88,278.49) from April 24, 2014 at the rate of$10.42 per diem, and brings said instrument to Court to recover the said sum. JSDC L OF ES Dated: _ BY: Sco t A. etterick, Esquire PA I.D. # 55650 Kathryn L. Mason, Esquire PA I.D. #306779 P.O. Box 650 Hershey, PA 17033 (717) 533-3280 Attorneys for Plaintiff THIS IS AN ATTEMPT TO COLLECT A DEBT, AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. EXHIBIT "A" " PROMISSORY NOTE �xr �t'71'tGlp81 7 CpBt►D�Ye Fr MEIt{t>"jty LCi9n:Nb Iran f tQii ACG�1itCiL < fl#fiCeY E�Eh&fS ��. References in the shaded area 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: William P.Douglas ISSN: 202-50-1521) Lender: ORRSTOWN BANK Billie R.Carnes(SSN: 280-46-8486) SEVEN GABLES OFFICE 2127 Walnut Bottom Road 77 EAST KING STREET Carlisle,PA 17013 P 0 BOX 250 SHIPPENSBURG,PA 17257 Principal Amount: $116,250.00 Date of Note: November 30,2006 Maturity Date: November 30,2026 PROMISE TO PAY. William P.Douglas and Billie R.Carnes("Borrower")jointly and severally promise to pay to ORRSTOWN BANK 1"Lender"), or order,in lawful money of the United States of America,the principal amount of One Hundred Sixteen Thousand Two Hundred Fifty&001100 Dollars($116,250.00),together with interest on the unpaid principal balance from November 30,2006,until paid in full. PAYMENT. Borrower will pay this loan in fug immediately upon Lender's demand. If no demand is made,subject to any payment changes resulting from changes in the Index,Borrower will pay this loan in accordance with the following payment schedule: 60 monthly consecutive principal and interest payments in the initial amount of$973.33 each,beginning December 30,2006,with interest calculated on the unpaid principal balances at an initial discounted interest rate of 7.900%per annum;and 180 monthly consecutive principal and'interest payments in the initial amount of$1,055.50 each,beginning December 30,2011,with interest calculated on the unpaid principal balances at an interest rate based on the Wag Street Prime(currently 8.250%),plus a margin of 1.000%,resulting in an initial interest rate of 9.250%. Borrower's final payment will be due on November 30, 2026 and will be for all principal and accrued Interest not yet paid,together with any other unpaid amounts under this Note. Unless otherwise agreed or required by applicable law,payments will be applied first to any accrued unpaid interest: then to principal;then to any Into charges:and then to any unpaid collection costs. The annual interest rate for this Note is computed on a 3651360 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. VARIABLE INTEREST RATE. For the first 60 payments,the interest rate on this loan will be 7.900%. Thereafter,the interest rate on this Note Is subject to change from time to time based on changes in an independent index which is the Wall Street Prime(the"Index"). The Index Is not necessarily the lowest rate charged by Lender on its loans. If the Index becomes unavailable during the term of this loan,Lender may designate a substitute index after notifying Borrower. 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. The Index currently is 8.250%per annum. The interest rata or rates to be applied to the unpaid principal balance during this Note will be the rate or rates set forth herein in the"Payment" section. Notwithstanding any other provision of this Note,after the first payment stream, the interest rate for each subsequent payment stream will be effective as of the last payment date of the just-ending payment stream. NOTICE: Under no circumstances will the interest rate on this Note be 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 Borrower's payments at the same amount and Increase Borrower's final payment. PREPAYMENT PENALTY. 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. Upon prepayment of this Note,Lender Is entitled to the following prepayment penalty: Should Borrower prepay all or any amount of principal during the next five(5)years,the Borrower shall be assessed against the amount prepaid,a five percent(5.00%)prepayment penalty.The assessment percentage shall decrease one percent(1.00%)per annum to par.Lender acknowledges that excepted from this assessment will be principal payments that are generated as a result of operation of the business for which the loan was extended.Specifically not excepted will be any prepayments generated as a result of a refinancing at any other financial institution.Except for the foregoing,Borrower may pay all or a portion of the amount owed earlier than is duo.Early payments will not,unless agreed to by Lender in writing,relieve Borrower or Borrower's obligation to continue to make payments under the payment schedule.Rather,they will reduce the principal balance due and may result in Borrower making fewer payments. . Except for the foregoing, Borrower may pay ail 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: ORRSTOWN BANK,77 EAST KING STREET,P.O.BOX 250 SHIPPENSBURG, PA 17257. LATE CHARGE. If a payment is 16 days or more late, Borrower will be charged 5.000% of the regularly scheduled payment or $50.00, 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 a 3.000 percentage point margin 1"Default Rate Margin"). The Default Rete Margin shall also apply to each succeeding interest rate change that would have applied had there been no default. After maturity,or after this Nate would have matured had there been no default,the Default Rate Margin will continue to apply to the final interest rate described in this Note. 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 I"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 fumished to Lender by Borrower or on Borrower's behalf under this PROMISSORY NOTE Loan No:26472479001 (Continued) Page 2 Note or the related documents is false or misleading in any material respect,either now or at the time made or furnished or becomes false or misleading at any time thereafter. Death or Insolvency. The death of Borrower or the dissolution or termination of Borrower's existence as a going business,the insolvency of Borrower,the appointment of a receiver for any part of Borrower's property, any assignment for the benefit of creditors,any type of creditor workout,or the commencement of any proceeding under any bankruptcy or insolvency laws by or against Borrower. Creditor or Forfeiture Proceedings. Commencement of foreclosure or forfeiture proceedings, whether by judicial proceeding, self-help, repossession or any other method, by any creditor of Borrower or by any governmental agency against any collateral securing the loan. This includes a garnishment of any of Borrower's accounts,including deposit accounts,with Lender. However,this Event of Default shall not apply if there is a good faith dispute by Borrower as to the validity or reasonableness of the claim which is the basis of the creditor or forfeiture proceeding and if Borrower gives Lender written notice of the creditor or forfeiture proceeding and deposits with Lender monies or a surety bond for the creditor or forfeiture proceeding,in an amount determined by Lender,in its sole discretion, as being an adequate reserve or bond for the dispute. Events Affecting Guarantor. Any of the preceding events occurs with respect to any guarantor,endorser,surety,or accommodation party of any of the indebtedness or any guarantor, endorser, surety, or accommodation parry dies or becomes incompetent, or revokes or disputes the validity of,or liability under,any guaranty of the indebtedness evidenced by this Note. In the event of a death,Lender,at its option,may,but shall not be required to,permit the guarantor's estate to assume unconditionally the obligations arising under the guaranty in a manner satisfactory to Lender,and,in doing so,cure any Event of Default. Adverse Change. A materiel adverse change occurs in Borrower's financial condition, or Lender believes the prospect of payment or performance of this Note is impaired. Insecurity. Lender in good faith believes itself insecure. Cure Provisions. If any default,other than a default in payment is curable and if Borrower has not been given a notice of a breach of the same provision of this Note within the preceding twelve (12) months, it may be cured if Borrower, after receiving written notice from Lender demanding cure of such default: 01 cures the default within fifteen 05)days;or (2) if the cure requires more than fifteen(16) 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 attorneys'fees and Lender's legal expenses,whether or not there is a lawsuit,including 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. DISHONORED ITEM FEE. Borrower will pay a fee to Lender of $20.00 if Borrower makes a payment on Borrower's loan and the check or preauthorized charge with which Borrower pays is later dishonored. RIGHT OF SETOFF. To the extent permitted by applicable law,Lender reserves a right of setoff in all Borrower's accounts with Lender(whether checking,savings,or some other account). This includes all accounts Borrower holds jointly with someone else and all accounts Borrower may open in the future. However,this does not include any IRA or Keogh accounts,or any trust accounts for which setoff would be prohibited by law. Borrower authorizes Lender,to the extent permitted by applicable law,to charge or setoff all sums owing on the Indebtedness against any and all such accounts,and,at Lender's option,to administratively freeze all such accounts to allow Lender to protect Lender's charge and setoff rights provided in this paragraph. COLLATERAL. Borrower acknowledges this Note is secured by the following collateral described In the security Instruments listed herein: (A) a Mortgage dated November 30,2006,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. PROPERTY INSURANCE. Borrower understands that Borrower is required to obtain insurance for the collateral securing this Note. Further information concerning this requirement is set forth in the Mortgage and in the Agreement to Provide Insurance,all the terms and conditions of which are hereby incorporated and made a part of this Note. FINANCIAL INFORMATION.The Borrower agrees to provide the Lender with Federal Tax Returns and/or CPA prepared Financial Statements and any other financial information,required by the Lender's Original Commitment Letter to the Borrower,on an annual basis. If the Lender does not receive the required financial information within two hundred seventy(270)days of the Borrower's fiscal year end,the Lender has the right to increase the interest rate charged on this Note by 0.25%. The Borrower shall receive written notification ten (10)days prior to the Lender increasing the interest rate charged on this Note. 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. NOTIFY US OF INACCURATE INFORMATION WE REPORT TO CONSUMER REPORTING AGENCIES. Please notify us if we report any inaccurate information about your account(s)to a consumer reporting agency. Your written notice describing the specific inaccuracy(les)should be sent to us at the following address:ORRSTOWN BANK,SEVEN GABLES OFFICE,77 EAST KING STREET,P 0 BOX 250,SHIPPENSBURG,PA 17257, GENERAL PROVISIONS. This Note is payable on demand. The inclusion of specific default provisions or rights of Lender shall not preclude Lender's right to declare payment of this Note on its demand. 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 la)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 order or 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 Loan No:26472479001 PROMISSORY NOTE (Continued) Page 3 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 Nate,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 perry 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 ($600) 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, 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. BORROWER: 77 F 4� ..r .....'(5081) X'.' William P.Douglas %�yjz<'.'.;f;:':!; ='bsoal) Billie R.Carnes IASOI PIW bMnO.Vim.}JI.W.WI Cup.MpM1ne fp,nWl LNnew,be.u99).XIE.M ey:p MrrvM..Pw,nC,n VuoM1C>n.,�5>�vw i IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLVANIA ORRSTOWN BANK, CIVIL DrIV''ISION Plaintiff, NO.: vs. WILLIAM P. DOUGLAS and BILLIE R. CARNES, Defendants. VERIFICATION I, on behalf of Orrstown Bank,depose and say subject to the penalties of 18 Pa.C.S.A., sec.4904 relating to unsworn falsification to authorities that the facts set forth in the foregoing pleading are true and correct to the best of my information,knowledge and belief. Date: S-, 4, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORRSTOWN BANK, CIVIL DIVISION 010 Plaintiff, NO.: VS. WILLIAM P. DOUGLAS and BILLIE R. CARNES, Defendants. CERTIFICATION OF ADDRESS I hereby certify that the addresses of the parties in the above action are as follows: Address of Plaintiff: 2695 Philadelphia Avenue Chambersburg, PA 17201 Address of Defendants: 2127 Walnut Bc tom Roa Carlisle, PA 7013 JSDC AW F C Dated: BY: S A. Dietterick, E ire PA I.D. # 55650 Kathryn L. Mason, Esquire PA I.D. #306779 P.O. Box 650 Hershey, PA 17033 (717) 533-3280 Attorneys for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORRSTOWN BANK, CIVIL DIVISION Plaintiff, NO.: P, VS. WILLIAM P. DOUGLAS and BILLIE R. CARNES, Defendants. AFFIDAVIT OF NON-MILITARY SERVICE FOR ENTRY OF CONFESSION OF JUDGMENT COMMONWEALTH OF PENNSYLVANIA SS: COUNTY OF DAUPHIN Before me, the undersigned authority, a Notary Public in and for said County and Commonwealth,personally appeared Scott A. Dietterick, Esquire, attorney for and authorized representative of Plaintiff who,being duly sworn accor ing to law, deposes and says that the Defendants are not in the military service of the Unite t es f erica to the best of his knowledge, information and belief. Scott A. Diettenc , Esquire Sworn to and subscribed before me C,-4r this day of Ap4r 202014 C" ��-a L. � ►/l,�Dclt_ Notary Public My Commission Expires: NOTARIAL SSA CHRISTINE L SPURLOCK Notary Public �IMMELSTOWN BORO,DAUPHIN COUNTY 'My Commission Expires Feb 2,2017 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORRSTOWN BANK, CIVIL DIVISION Plaintiff, NO.: C'I - ()Ci VS. WILLIAM P. DOUGLAS and BILLIE R. CARNES, Defendants. NOTICE OF ORDER DECREE OR JUDGMENT TO: ( ) Plaintiff (X) Defendant-WILLIAM P. DOUGLAS ( ) Additional Defendant(s) You are hereby notified that an Order, Decree or Judgment was entered in the above-captioned proceeding on J[J.3 /q ( )A copy of the Order or Decree is as follows: or (X) The judgment is as follows: $98,244.66 plus interest on the principal sum ($88,278.49) from April 24, 2014, at the rate of$10.42 per diem, plus additional late charges and additional attorneys' fees asQ cost Prothonotary IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORRSTOWN BANK, CIVIL DIVISION IN -Plaintiff, NO.: VS. WILLIAM P. DOUGLAS and BILLIE R. CARNES, Defendants. NOTICE OF ORDER, DECREE OR JUDGMENT TO: ( ) Plaintiff (X) Defendant—BILLIE R. CARNES ( ) Additional Defendant(s) You are hereby notified that an Order, Decree or Judgment was entered in the above-captioned proceeding on 3 1�' ( ) A copy of the Order or Decree is as follows: or (X) The judgment is as follows: $98,244.66 plus interest on the principal sum ($88,278.49) from April 24, 201.4, at the rate of$10.42 per diem,plus additional late charges and additional attorneys' fees and costs. i Prothonotary IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORRSTOWN BANK, CIVIL DIVISION ) q - Plaintiff, NO.: dqcv VS. : WILLIAM P. DOUGLAS and BILLIE R. CARNES, Defendants. NOTICE UNDER RULE 2958.1 OF JUDGMENT AND EXECUTION THEREON Notice of Defendant's Rights To: William P. Douglas 2127 Walnut Bottom Road Carlisle, PA 17013 A judgment in the amount of$98,244.66 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 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 OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. NOTICE TO DEFEND & LAWYER REFERRAL SERVICE Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 Phone (717) 249-3166 (800) 990-9108 JSDC L W O ICES Dated:5 I 1 BY: Scoff A, ie terick, Esquire PA I.D. # 55650 Kathryn L. Mason, Esquire PA I.D. #306779 P.O. Box 650 Hershey, PA 17033 (717) 533-3280 Attorneys for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORRSTOWN BANK, CIVIL DI�V/ISION Plaintiff, NO.: vs. WILLIAM P. DOUGLAS and BILLIE R. CARNES, Defendants. NOTICE UNDER RULE 2958.1 OF JUDGMENT AND EXECUTION THEREON Notice of Defendant's Rights To: Billie R. Carnes 2127 Walnut Bottom Road Carlisle, PA 17013 A judgment in the amount of$98,244.66 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 sheriff may take your money or other property to pay the judgment at any time after thirty(3 0) 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 OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. NOTICE TO DEFEND & LAWYER REFERRAL SERVICE Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 Phone (717) 249-3166 (800) 990-9108 *JSDLFFI ES Dated: � � �� I i� BY: -14CAt A. 1etterick, Esquire PA I.D. # 55650 Kathryn L. Mason, Esquire PA I.D. #306779 P.O. Box 650 Hershey, PA 17033 (717) 533-3280 Attorneys for Plaintiff SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson �?� �... ri* :.J...� ;1. F f. Sheriff . " THE i'fWTk-lONO]Atz` xi citiot,rw,trr Jody S Smith fti d ry,,, ^ Chief Deputy L! Iti HAI 20 PM :J•• .I 1. Richard W Stewart Solicitor OPfICE OF Th'E.$1 ERIFF CUMBERLAND PENNSYLVANIA^ Orrstown Bank vs. Case Number William P Douglas (et al.) 2014-2901 SHERIFF'S RETURN OF SERVICE 05/15/2014 02:41 PM - Deputy Dennis Fry, being duly sworn according to law, served the requested Confession of Judgment, Notice of Order, Decree or Judgment, Complaint in Confession of Judgment by "personally" handing a true copy to a person representing themselves to be the Defendant, to wit: William P Douglas at 43 W South St, Carlisle Borough, Carlisle, PA 17013. DEN IS FRY, DEP Tl 05/15/2014 02:41 PM - Deputy Dennis Fry, being duly sworn according to law, served the requested Confession of Judgment, Notice of Order, Decree or Judgment, Complaint in Confession of Judgment by handing a true copy to a person representing themselves to be William Douglas, husband, who accepted as "Adult Person in Charge" for Billie R Carnes at 43 W South St, Carlisle Borough, Carlisle, PA 17013. DE S FRY, DEPU SHERIFF COST: $50.78 SO ANSWERS, May 16, 2014 RONFR ANDERSON, SHERIFF (C) CountySuite Sheriff, Teleosoft, Inc.