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HomeMy WebLinkAbout14-5991 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA FARMERS AND MERCHANTS TRUST CIVIL DIVISION , COMPANY OF CHAMBERSBURG -r' 2t Plaintiff NO.: `-' ` md �— vs. �Z Go C) CD M.JEFFREY STRICKLAND, an individual, X� "Z n c r C and MATTHEW G. STRICKLAND, an individual, : " w Y� Defendant �y CONFESSION OF JUDGMENT Pursuant to the authority contained in the aforesaid $75,000 Note, a copy of which is attached to the Complaint filed in this action, I appear for the Plaintiff and confess judgment in favor of Plaintiff and against Defendant as follows: COUNT I: Principal $ 54,980.58 Interest through 9/30/14 $ 540.26 Late Charges $ 149.14 Fee (Cumberland Co. Sat. Fee) $ 56.00 Attorney's Fees and Costs $ 5552.08 (10% of Unpaid Principal &Accrued Interest) TOTAL $ 61,278.06 With interest on the principal sum of$54,980.58 from September 30, 2014 at the contractual rate. /16/0 FOR A TOTAL sum of$61,278.06 with interest on the principal sum($54,980.58) from September 30, 2014 at the contractual rate, and brings said instrument to Court to recover the said sum. DETHLEF -PY hA -GROUP, LLC BY. Darrell Dethlefs, Esquire Attorneys for Plaintiff PA ID: 58805 2132 Market Street Camp Hill, PA 17011 717-975-9446 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA FARMERS & MERCHANTS TRUST CIVIL DIVISION -p3 - COMPANY OF CHAMBERSBURGr� o av css � Plaintiff, VS. o cis TYPE OF PLEADING M. JEFFREY STRICLAND, an individual, and MATTHEW G. STRICKLAND, an individual CIVIL ACTION—COMPLAINT IN Defendants CONFESSION OF JUDGMENT FILED ON BEHALF OF: Farmers & Merchants Trust Company of To:DEFENDANTS Chambersburg, Plaintiff YOU ARE HEREBY NOTIFIED TO PLEAD TO THE ENCLOSED COMPLAINT WITHIN TWENTY(20)DAYS FROM SERVICE HEREOF, OR A DEFA L JUDGEMENT MAY BE Darrell Dethlefs, Esquire: ENTERED GA NST PA ID: 58805 Attorney f aintiff I HEREBY CERTIFY THAT THE DETHLEFS-PYKOSH LAW GROUP, LLC ADDRESS OF THE PLAINTIFF IS: 20 South Main Street Chambersburg,PA 17201 AND THE DEFENDANTS: 2132 Market Street 690 Creek Road,Carlisle,PA 17013 Camp Hill, PA 17011 11 Prickly Pe r Drive,Carlisle,PA 17013 717-975-9446 Attorney for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA FARMERS AND MERCHANTS TRUST CIVIL DIVISION COMPANY OF CHAMBERSBURG Plaintiff NO.: VS. (� M.JEFFREY STRICKLAND, an individual, and MATTHEW G. STRICKLAND, an individual, Defendant COMPLAINT CIVIL ACTION—COMPLAINT IN CONFESSION OF JUDGMENT AND NOW comes, Farmers and Merchants Trust Company of Chambersburg, by its attorneys, Dethlefs-Pykosh Law Group, LLC, and files this Complaint in Confession of Judgment as follows: 1. Farmers and Merchants Trust Company of Chambersburg("Plaintiff') is a financial institution under the laws of the United States of America,with its principal place of business located at 20 South Main Street, Chambersburg, Pennsylvania 17201. 2. The Defendant, M. Jeffrey Strickland, is an adult individual residing at 690 Creek Road, Carlisle, PA 17013. 3. The Defendant, Matthew G. Strickland, is an adult individual residing at 11 Prickly Pear Drive, Carlisle, PA 17013. COUNT I: Confession of Judgment of the $75,000 Note(1175,000 Note") 4. On or about April 11, 2008, M. Jeffrey Strickland and Matthew G. Strickland, executed and delivered a certain Promissory Note in favor of Plaintiff in the original principal amount of$75,000 ("75,000 Note"), which authorized a Confession of, Judgment against Defendants. A true and correct copy of said $75,000 Note with Confession of Judgment Disclosures is marked as EXHIBIT A, attached hereto and made a part hereof. 5. The $75,000 Note has not been released, transferred, or assigned. 6. Judgment has not been entered against the Defendants on the $75,000 Note in any jurisdiction. 7. Defendant is in default under the aforesaid $75,000 Note for failure to pay installments of principal and interest when due. 8. The transaction which authorizes a confession was not a consumer credit transaction. 9. The itemization of the amount due, including interest and attorney's fees as authorized by the $75,000 Note as follows: Principal Due $ 54,980.58 Interest through 9/30/2014 $ 540.26 Late Charges $ 149.14 Fee (Cumberland Co. Sat. Fee) $ 56.00 Attorney's Fees and Costs $ 5552.08 (10% of Unpaid Principal &Accrued Interest) TOTAL $ 61,278.06 With interest on the principal sum of$54,980.58 from September 30, 2014 at the contractual rate. WHEREFORE, Plaintiff, as authorized by the $75,000 Note demands judgment in the amount of$61,278.06 with interest on the principal sum ($54,980.58) from September 30, 2014 at the contractual rate. DETHLEFS-PYKO LAW GROUP, LLC BY: Darrell Detle , Esquire Attorney for Plaintiff PA ID: 58805 2132 Market Street Camp Hill, PA 17011 717-975-9446 THIS IS AN ATTEMPT TO COLLECT A DEBT, AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. EE X HH 11 BB -11 1 A PROMISSORY NOTE Priticip 4j 2s� kp8r1 tate �VEYU13 , p d o811 LIQ.` �s References In the boxes above are for Lender's use only and do not limit the applicability of this document to any particular loan or item. Any item above containing^••••has been omitted due to text length limitations. Borrower: M.Jeffrey Strickland Lender: Farmers and Merchants Trust Co.of Chambersburg Matthew G.Strickland 623 Crook Road Commercial Services Department 20 South Main Street Carlisle,PA 17013 P.0.Box 6010 Chambersburg,PA 17201-6010 (717)264-6116 Principal Amount: $75,000.00 Date of Note: April 11,2008 PROMISE TO PAY. M. Jeffrey Strickland and Matthew G. Strickland ('Borrower")jointly and severally promise to pay to Farmers and Merchants Trust Co. of Chambersburg ("Lender'), or order, In lawful money of the United States of America, the principal amount of Seventy-five Thousand&00/100 Dollars($75,000.00),together with interest on the unpaid principal balance from April 11,2008,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: 36 monthly consecutive principal and interest payments in the initial amount of$574.56 each,beginning May 10,2008, with interest calculated on the unpaid principal balances at an initial interest rate of 6.750%per annum;203 monthly consecutive principal and interest payments iq.,the initial amount of$554.65 each,beginning May 10,2011,with interest calculated on.the unpaid principal balances at an interest rate bas d on the New York Prime Rate as published In the Wall Street Journal. When a range of rete has been published,the higher of the rates will be used(currently 5.250%),plus a margin of 1.000%,resulting in an initial interest rate of 6.250%;and one principal and interest payment o, he unpaid principal balances at an interest rate based on the New York Prime Rate es'published in the Wall Street Journal. When a range of rate has been published,the higher of the rates will be used(currently 5.250%),plus a margin of 1.000%,resulting in an initial Interest rate of 6.250%. This estimated final payment is based on the assumption that all payments will beilnade exactly as scheduled and that the Index does not change;the actual final payment will be for all principal and accrued interest not yet paidt,together with any other unpaid amounts under this Note. Unless otherwise agreed or required by applicable law,payments will be applied first�tto any unpaid collection costs;than to any late charges;then to any accrued unpaid interest;and then to principal. The annual Interest rate I,or this Note is computed on a 365/360 basis;that Is,by applying the ratio of the annual interest rate over a year of Th days,multiplied by the outstanding principal balance,multiplied by the actual number of days the principal balance is outatandin 360 pay Lender at Lender's address shown above or at such other place as Lender may designate in writing. g. Borrower will VARIABLE INTEREST RATE. For the first 36 payments,the interest rate on this loan will be 6.760%. 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 New York Prime Rate as published in the Wall Street Journal. Wh6n a range of rate has been published, the higher of the rates will be used(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 esc`�t time there has been a change in the Index. Borrower understands that Lender may make loans based on other rates as well. The Index currently is 5.250%per annum. The interest ratqthan be appiled to the unpaid principal balance during this Note will be the rate or rates set forth herein In the"Payment"section. Notwiny other provision of this Note,after the first payment stream,the interest rate for each subsequent payment stream will be offect( last payment date of the just-ending payment stream. NOTICE: Under no circumstances will the Interest rate on this Note be m maximum rate allowed by applicable law. Whenever increases occur in the interest rate,Lender,at its option,may do one or mlowing: (A) increase Borrower's payments to ensure Borrower's loan will pay off bylits original final maturity date, (B) increaseayments to cover accruing Interest, (C) increase the number of Borrower's paymenjs,and (D) continue Borrower's payments atount and increase Borrower's final payment. PREPAYMENT PENALTY. Borrower agrees that all loan fees andd finance charges are earned fully as of the date of the loan and will not be subject,fo refund upon early payment (whether volun result of default),except as otherwise required by law. Upon Prepayment of this Note,Lender is entitled to the following preps • In the event any portion of the principal amount of the Note is prepaid during the fixed-rete period of the Note,a Prepayment Pre u will due and payable by the Borrower to the Lender. The Prepayment Premium,calculated as of the payment date,will be equal to the pre t lue of the remaining scheduled payments of principal and Interest Plus the present va(69 of the principal balance due at the end of the fix period. The discount rate used to calculate the present value will be equal to the interest rate that would be charged for a new loo of Ir d and quality with a fixed rate period equal to the remaining fixed rate period on the original loan. If the calculated Prepayment Pre a the principal amount being prepaid,then this excess amount wig be duo to the Lendgi. If the calculated Prepayment Premium Is eq 'to s than the principes amount being paid,then the amount due to the Lender is zero. If the Note being prepaid was matched funded by the Ion ,the Prepayment Premium will be equal to the amount calculated above plus the prepayment fee incurred by the Lender to prepay its funding commitment to its funding source. Except for the foregoing, Borrower may pay all or a portion of the amount owed earlier than it Is due. Early payments will not, unless agreed to by Lender in writing, relieve Borrower oPBorrower'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 zany 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: Farmers and Merchants Trust Company of Chambersburg,P.0.Box 6010 Chambersburg,PA 17201-6010. LATE CHARGE. If;a payment. payment is 16 days or more late, Borrower will be charged 6.000% of the unpaid portion of the regularly scheduled INTEREST AFTER DEFAULT. Upon default, including failure to pay upon final maturity, the Interest rate on this Note shall be increased by adding a 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. After maturity,or after this Note would have matured had there been no default,the Default Rate Margin will continue to apply to the final interest rete described in this Note. If judgment is entered In connection with this Note, interest will contin0'e' 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 exceedjthe maximum interest rate limitations under applicable law. DEFAULT. Each ofthe 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. Default in Favor of Third Parties. Borrower or any Grantor defaults under any loan,extension of credit,security agreement,purchase or sales agreemept,or any other agreement,in favor of any other creditor or person that may materially affect any of Borrower's property or Borrower's ability to repay this Note or perform Borrower's obligations under this Note or any of the related documents. False Statemetits. Any warranty,representation or statement made or furnished to Lender by Borrower or on Borrower's behalf under this Note or the related documents is false or misleading in any material respect,either now or at the time made or furnished or becomes false or misleading at any time thereafter. Death or Insolvency. The death of Borrower or the dissolution or termination of Borrower's existence as a going business,the Insolvency of Borrower, the appointment of a receiver for any part of Borrower's property,any assignment for the benefit of creditors, any type of creditor workout,or the commencement of any proceeding under any bankruptcy or insolvency laws by or against Borrower. Creditor or Forfeiture Proceedings. Commencement of foreclosure or forfeiture proceedings, whether by judicial'proceeding, seff-help, repossession or any other method, by any creditor of Borrower or by any governmental agency against any collateral secuting the loan. This includes aigarnlshment of any of Borrower's accounts,including deposit accounts,with Lender. However,this Event of Default shell 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 bondjfor the creditor or forfeiture proceeding, In an amount determined by Lender,lin its sole discretion,as being an adequate reserve or bondf for the dispute. Events Affecting Guarantor. Any of the preceding events occurs with respect to any guarantor,endorser,surety,or accommodation parry of any of theindebtednessor any guarantor, endorser, surety, or accommodation party dies or becomes incompetent, or revokes or r t PROMISSORY NOTE (Continued) Page 3 r+ LkNDER: 9r FARMERS AND MERCHANTS TRUST CO.OF CHAMBERSBURG X Brian E.Weikerf,Vice President use.mo tMnro•v..s.nm.cm cs•n.w�m.w.sra„..�.<.+ni.san.u•a.w-.... ....,cmuuom.1c n..au Ms :1 SP 0 DISCLO IRE FOR CONFESSION OF J )GMENT References in the boxes above ere 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: M.Jeffrey Strickland Lender: Farmers and Merchants Trust Co,of Chambersburg Matthew G.Strickland Commercial Services Department 623 Creek Road 20 South Main Street Carlisle,PA 17013 P.0.Box 6010 Chambersburg,PA 17201-6010 (717)264-6116 Declarant: M.Jeffrey Strickland 623 Creek Road Carlisle,PA 17013 { DISCLOSURE FOR CONFESSION OF JUDGMENT I AM EXECUTING,:THISf�+t DAY OF_(t�r•l 200 ,A PROMISSORY NOTE FOR$75,000.00 OBLIGATING ME TO REPAY THAT AMOIUNT. A. I UNDERSTAN,a THAT THE NOTE CONTAINS A CONFESSION OF JUDGMENT PROVISION THAT WOULD PERMIT LENDER TO ENTER JUDGMENT AGAINST ME IN COURT,AFTER A DEFAULT ON THE NOTE,WITHOUT ADVANCE NOTICE TO ME AND WITHOUT OFFERING ME AN OPPORTUNITYTO 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 NO ICE OF THE ENTRY OF JUDGMENT,AND I EXPRESSLY AGREE AND CONSENT TO LENDER'S ENTERING JUDGMENT AGAINST M B CpNFESSION AS PROVIDED FOR IN THE CONFESSION OF JUDGMENT PROVISION. ? INITIALS: ::.. 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 1 EXPRESSLY AGREE AND CONSENT TO LENDER'S IMMEDIATELY EXECUTING ON THE JUDGMENT IN ANY MANNER PERM EID BY APPLICABLE STATE AND FEDERAL LAW,WITHOUT GIVING ME ANY ADVANCE NOTICE. INITIALS: C. AFTER HAV4G READ AND DETERMINED WHICH OF THE FOLLOWING STATEMENTS ARE APPLICABLE, BY INITIALING EACH STATEMENT THAY°APPLIES,I REPRESENT THAT: INITIALS ri 1. 1 WAS REPRESENTED BY MY OWN INDEPENDENT LEGAL COUNSEL IN CONNECTION WITH THE NOTE. (� 11 2. A(,REPRESENTATIVE OF LENDER SPECIFICALLY CALLED THE CONFESSION OF JUDGMENT PROVISION IN THE NOTE TO MY ATTENTION. D. I CERTIFY THAM 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. +1't 7i THIS DISCLOSURE 1S 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: l+ X; lSoul) .Je tri li;nd 0 0. s.a•.ro om c.r..wr.a rw�,u en„o..,�.,.,nr,moa. u.as..,..w. .r•.:crninon.rc rMn000 rwar ri ki I: fe. DISCLC IRE FOR CONFESSION OF J )GMENT Pr3ncipaT Coan Date Mafuilfy i oan No Gita f GoIF y F � f Si<+11tr 7nfiais .04:H0 QRM:11A References in the boxes above are for Lenders 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: M.Jeffrey Strickland Lender: Farmersend Merchants Trust Co.of Chambersburg Matthew G.Strickland Com merclal Services Department 623 Creek Road 20 South Main Street Carlisle,PA 17013 P.0.Box 6010 Chambersburg,PA 17201-6010 (717)264-6116 Declarant: Matthew G.Strickland 11 Prickly Pear Drive Carlisle,PA 17013 DISCLOSURE FOR CONFESSION OF JUDGMENT I AM EXECUTING,THIS I I t DAY OF�Af•` 20-Qj,A PROMISSORY NOTE FOR$75,000.00 OBLIGATING ME TO REPAY THAT AMOUNT. A. I UNDERSTAND THAT THE NOTE CONTAINS A CONFESSION OF JUDGMENT PROVISION THAT WOULD PERMIT LENDER TO ENTER JUDGMENT AGAINST ME IN COURT,AFTER A DEFAULT ON THE NOTE,WITHOUT ADVANCE NOTICE TO ME AND WITHOUT OFFERING ME AN OPPORTUNITY`TO DEFEND AGAINST THE ENTRY OF JUDGMENT. IN EXECUTING THE NOTE,BEING FULLY AWARE OF MY RIGHTS TO ADVANCE NOTICE AND TO A HEARING TO CONTEST THE VALIDITY OF ANY JUDGMENT OR OTHER CLAIMS THAT LENDER MAY ASSERT AGAINST ME UNDER THE NOTE,1 AM KNOWINGLY,INTELLIGENTLY,AND VOLUNTARILY WAIVING THESE RIGHTS,INCLUDING ANY RIGHT TO ADVANCE NOTICE OF THE ENTRY OF JUDGMENT, AND I EXPRESSLY AGREE AND CONSENT TO LENDER'S ENTERING JUDGMENT AGAINST.ME A FESSION AS PROVIDED FOR IN THE CONFESSION OF JUDGMENT PROVISION. INITIALS: Aa B. I FURTHER UNQERSTAND 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 ENYRY 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 1 EXPRESSLY AGREE AND CONSENT TO LENDER'S IMMEDIATELY EXECUTING ON THE JUDGMENT IN ANY MANNER P APPLICABLE STATE AND FEDERAL LAW,WITHOUT GIVING ME ANY ADVANCE NOTICE. INITIALS: C. AFTER HAV�IN�dIG READ AND DETERMINED WHICH OF THE FOLLOWING STATEMENTS ARE APPLICABLE, BY INITIALING EACH STATEMENT THAT APPLIES,I REPRESENT THAT: INITIALS 1. 1 4S REPRESENTED BY MY OWN INDEPENDENT LEGAL COUNSEL IN CONNECTION WITH THE NOTE. 7: 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. G, THIS DISCLOSURE JS 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: 7 X (Seal) a aw G.Strid and use.1.0 l; t' IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA FARMERS AND MERCHANTS TRUST CIVIL DIVISION COMPANY OP-.CHAMBERSBURG Plaintiff NO VS. M.JEFFREY STRICKLAND,an individual, and MATTHEW G. STRICKLAND, an individual, Defendant I VERIFICATION. William A. Pryor, Vice President, and duly authorized representatives of Farmers and Merchants Trust Company.of Chambersburg, deposes and says subject to the penalties of 18 Pa. C.S.A. §4904 relating !to unsworn falsification to authorities that the facts set forth in the foregoing pleading are true and correct to his information and belief .r Dativer l4 / William A. Prior Vice President ,y f �a t'r r, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA -up M FARMERS AND MERCHANTS TRUST CIVIL DIVISION rte- 44 CDY' COMPANY OF CHAMBERSBURG Plaintiff M.JEFFREY STRICKLAND, an individual, : and MATTHEW G. STRICKLAND, an individual, Defendant AFFIDAVIT OF NON-MILITARY SERVICE COMMONWEALTH OF PENNSYLVANIA SS: COUNTY OF CUMBERLAND I, Darrell Dethlefs, Esquire, attorney for and authorized representative of Plaintiff, Farmers and Merchants Trust Company of Chambersburg, hereby certify, subject to the penalties of 18 Pa. C.S.A. §4904, that the Defendant, is not in the military service of the United States of America to the best of my knowledge, information and belief. Darrell Dethlefs, Esquire SWORN TO AND SUBSCRIBED BEFORE ME THIS _th to day of October, 2014 Notary Pub is My commission expires: COMMONWEALTH OF PENNSYLVANIA NOTARIALSEAL Kathryn S.Fogle,Notary Public Camp Hill Boro,Cumberland County My commiMion expires August 13,2016 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA FARMERS AND MERCHANTS TRUST - -, CIVIL DIVISION' gip© Q1 s COMPANY OF CHAMBERSBURG z h ' Plaintiff NO.: 46 � , mac, M.JEFFREY STRICKLAND, an individual, : Ax ` and MATTHEW G. STRICKLAND, an individual, Defendant CERTIFICATION OF ADDRESS I hereby certify that the addresses of the parties in the above action are as follows: Address of Plaintiff: 20 South Main Street, Chambersburg, PA 17201 Address of Defendant: M. Jeffrey Strickland, 690 Creek Road, Carlisle, PA 17013 Matthew G. Strickland, 11 Prickly Pear Drive, Carlisle, PA 17013 Dethlefs-P ko h Law Group, LLC. By: Darrell D efs, Esquire PA ID: 5 805 Attorney for Plaintiff 2132 Market Street Camp Hill, PA 17011 717-975-9446 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA FARMERS AND MERCHANTS TRUST CIVIL DIVISION COMPANY OF CHAMBERSBURG Plaintiff NO.: VS. M.JEFFREY STRICKLAND, an individual, and MATTHEW G. STRICKLAND, an individual, Defendant CONFESSED JUDGMENT NOTICE OF DEFENDANT'S RIGHTS TO: M. JEFFREY STRICKLAND: Please be advised that,pursuant to Pa. R.C.P. 236, you are hereby notified that, a judgment in the amount of$61,278.06 with interest from the date of the filing of this action, on the total of($54,980.58), at the simple rate of 4.250%per year, which computes to a current per diem of$6.49 per day 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 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: Cumberland County Bar Association 32 South Bedford Street Carlisle,PA 17013 Telephone: 717-249-3166 Toll Free(in PA): 1-800-990-9 8 Date: U � �� BY: arr 1 . ethlefs,Esquire Attorney Id.No.: 58805 2132 Market Street Camp Hill, PA 17011 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA FARMERS AND MERCHANTS TRUST CIVIL DIVISION COMPANY OF CHAMBERSBURG ; Plaintiff NO.: ' vs. M.JEFFREY STRICKLAND, an individual, and MATTHEW G. STRICKLAND, an individual, Defendant CONFESSED JUDGMENT NOTICE OF DEFENDANT'S RIGHTS TO: MATTHEW G. STRICKLAND: Please be advised that, pursuant to Pa. R.C.P. 236, you are hereby notified that, a judgment in the amount of$61,278.06 with interest from the date of the filing of this action, on the total of($54,980.58), at the simple rate of 4.250%per year, which computes to a current per diem of$6.49 per day 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 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: Cumberland County Bar Association 32 South Bedford Street Carlisle,PA 17013 Telephone: 717-249-3166 Toll Free(in PA): 1-800-990-91 8 Date: �� BY: Darre C. refs, Esquire Attorney Id.No.: 58805 2132 Market Street Camp Hill,PA 17011 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA FARMERS AND MERCHANTS TRUST CIVIL DIVISION COMPANY OF CHAMBERSBURG Plaintiff NO.: M.JEFFREY STRICKLAND, an individual, and MATTHEW G. STRICKLAND, an individual, Defendant NOTICE OF ORDER, DECREE OR JUDGMENT TO: Defendant—MATTHEW G. STRICKLAND You are hereby notified that an O der, Decree or Judgment was entered in the above-captioned proceeding on /0 ( ) A Copy of the Order or Decree is as follows: Or (X) The Judgment is as follows: $61,278.06 plus interest on the principal sum ($54,980.58) from September 30, 2014, at the contractual rate, plus additional late charges and additional attorneys' fees and costs. Prothonotary IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA FARMERS AND MERCHANTS TRUST COMPANY OF CHAMBERSBURG CIVIL DIVISION VS. Plaintiff C NO.. M.JEFFREY STRICKLAND, an individual, and MATTHEW G. STRICKLAND, an individual, Defendant NOTICE OF ORDER, DECREE OR JUDGMENT TO: Defendant—M. JEFFREY STRICKLAND You are hereby notified that an Order,Decree or Judgment was entered in the above-captioned proceeding on ( ) A Copy of the Order or Decree is as follows: Or X) The Plus interest onthe principal Judgment um $54 9is as follows: $61,278.06 Plus additional late charges and additional alto)eys fees and cofrom September sts. 2014, at the contractual rate, Prot SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny RAnderson t.: Sheriff of Cm -0114 U THL PROTHQNQTJ\R Jody SSmith D Chief Deputy 2014 OCT 21 PM 2: 59 �^. Richard W Stewart Solicitor )FF iC.R OFT 4E E!?wF flZF CUMBERLAND COUNTY PENNSYLVANIA Farmer's and Merchants Trust Company of Chambersburg vs. M Jeffrey Strickland (et al.) Case Number 2014-5991 SHERIFF'S RETURN OF SERVICE 10/13/2014 03:01 PM - Deputy Shawn Harrison, being duly sworn according to law, served the requested Complaint in Confession of Judgment by "personally" handing a true copy to a person represen .ng themselves to be the Defendant, to wit: Matthew G Strickland at 11 Prickly Pear Drive, N'y idd =on, Carlisle, PA 17013. SH N HAR''iN, DEPUTY 10/15/2014 01:00 PM - Deputy Shawn Harrison, being duly sworn according to law, served the requested Complaint in Confession of Judgment by "personally" handing a true copy to a person representing themselves to be the Defendant, to wit: M Jeffrey Strickland at 736 Macarthur Dr, Carli 1 SH SHERIFF COST: $58.05 SO ANSWERS, ON. DEPUTY October 15, 2014 RONi'E? R ANDERSON, SHERIFF ici ^ou^tySu to Sheriff. Te!eosctt, Lac.