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Home My WebLink About14-7181 0-0 f- ll4- DEC 12 AN I I- I 5 PEMNSYLVANIA HENRY & BEAVER LLP By: Marc A. Hess Identification No. 55774 937 Willow Street P.O. Box 1140 Lebanon, PA 17042-1140 (717) 274-3644 MID PENN BANK, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW vs. C-Ivi1Tew : No. 14- `7181 THOMAS W. SHUMAKER, SR. and SHERRY L. SHUMAKER, Individually and Jointly, Defendants CONFESSION OF JUDGMENT Pursuant to the authority contained in the Warrant of Attorney, a 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 Defendants as follows: Principal Sum Due - $ 362,913.76 Interest to 11/17/2014 - 7,874.20 Late Fees to 11/17/2014 - 662.80 Attorney's Commission (10% of unpaid principal and interest) - 37,078.80 Total - $ 408,529.56 Together with interest which continues to accrue after November 17, 2014 and after entry of judgment at the contract rate ($69.05 per diem), additional late fees as may oo P f) 3145.50 accrue at the contract rate, all amounts expended or advanced by Plaintiff relating to any collateral securing the Note and costs of suit. HENRY & BEAVER LLP By: MARC A. H SS I.D. #55774 Attorney for Defendants Prothonotary - 2 - r, DEC 12 AN 11: f CUt-1SE RLAP'@ CoIr I j Y PD4,NSYLVA IA HENRY & BEAVER LLP By: Marc A. Hess Identification No. 55774 937 Willow Street P.O. Box 1140 Lebanon, PA 17042-1140 (717) 274-3644 MID PENN BANK, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW vs. (�_v('[Terrh No. �� 71 1 THOMAS W. SHUMAKER, SR. and SHERRY L. SHUMAKER, Individually and Jointly, Defendants COMPLAINT CONFESSION OF JUDGMENT Plaintiff files this Complaint pursuant to Pa. R.C.P. No. 2951(b) for judgment by confession and avers the following: 1. The Plaintiff is Mid Penn Bank, with an office located at 5500 Allentown Boulevard, Harrisburg, Pennsylvania 17112. 2. The Defendants are Thomas W. Shumaker, Sr. and Sherry L. Shumaker, individually and jointly, adult individuals last known to reside at 50 Appalachian Drive, Carlisle, Cumberland County, Pennsylvania 17013. 3. Attached hereto as Exhibit "A" is a true and correct copy of the Promissory Note in the original principal amount of Four Hundred Twenty-Nine Thousand Dollars ($429,000.00) dated, executed and delivered by Defendants to Plaintiff on or about March 4, 2009 (the "Note"). 4. The Note has not been assigned. 5. Judgment has not been entered on the Note in any jurisdiction. 6. Default was made by the Defendants in their failure to pay the installments of principal and interest due September 4, 2014, and in the payment of all subsequent installments, as well as in their failure to meet demand for payment in full issued October 29, 2014, whereby the entire sum is in default and immediately due and payable. 7. In order to secure payment of the Note, Defendants made, executed and delivered to Plaintiff a real estate mortgage dated March 4, 2009, recorded March 9, 2009 in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania at Instrument No. 200906741 (the "Mortgage"), conveying to Plaintiff a security interest in the real estate commonly known and numbered as 356-364 Market Street, Lemoyne, Cumberland County, Pennsylvania 17043 (the "Real Property"). Judgment entered hereby on the Note will relate back to the date of the Mortgage for lien priority as it relates to the Real Property. 8. As a consequence of the foregoing and pursuant to the Warrant of Attorney in the Note, Defendants are liable to Plaintiff as follows: Principal Sum Due - $ 362,913.76 Interest to 11/17/2014 - 7,874.20 Late Fees to 11/17/2014 - 662.80 Attorney's Commission (10% of unpaid principal and interest) - 37.078.80 Total - $ 408,529.56 _ 2 - Together with interest which continues to accrue after November 17, 2014 and after entry of judgment at the contract rate ($69.05 per diem), additional late fees as may accrue at the contract rate, all amounts expended or advanced by Plaintiff relating to any collateral securing the Note and costs of suit. 9. Judgment is not being entered by confession against a natural person in connection with a consumer credit transaction. WHEREFORE, Plaintiff demands judgment in the sum of: Principal Sum Due - $ 362,913.76 Interest to 11/17/2014 - 7,874.20 Late Fees to 11/17/2014 - 662.80 Attorney's Commission (10% of unpaid principal and interest) - 37.078.80 Total - $ 408,529.56 Together with interest which continues to accrue after November 17, 2014 and after entry of judgment at the contract rate ($69.05 per diem), additional late fees as may accrue at the contract rate, all amounts expended or advanced by Plaintiff relating to any collateral securing the Note and costs of suit, as authorized by the Warrant of Attorney appearing in the Note. HENRY ER L P By: 4 AR A.1HE S .D. #55774 937 Willow Street P.O. Box 1140 Lebanon, PA 17042-1140 (717) 274-3644 Attorney for Plaintiff - 3 - MID PENN BANK, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW VS. THOMAS W. SHUMAKER, SR. : No /y �� +u�L and SHERRY L. SHUMAKER, Individually and Jointly, Defendants AFFIDAVIT COMMONWEALTH OF PENNSYLVANIA : : ss. COUNTY OF DAUPHIN Bonnie Berkoski, Asset Recovery Manager;of Mid Penn Bank, being duly sworn according to law, deposes and says that she has authority to sign this Affidavit on behalf of Mid Penn Bank and that the facts set forth in the foregoing Complaint are true and correct to the best of her knowledge, information and belief; and that the copy of the Promissory Note, Exhibit "A" attached to the Complaint, is a true and correct copy of the original which is held in the files of the Plaintiff and which was executed and delivered by the Defendants to Plaintiff. MID PENN BANK By: 6X'�q Bonnie Berkoski Asset Recovery Manager Sworn to and subscribed to before me this L-1 day of 2014. COMMONWEALTH OF PENNSYLVANIA Notarial Seal Kelly Kauffman, Notary Public Lower Paxton Twp., Dauphin County My Commission Expires June 3, 2017 Notary Public MEMBER,PENNSYLVANIA ASSOCIATION OF NOTARIES MID PENN BANK, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW VS. THOMAS W. SHUMAKER, SR. No i q' 71g'y C"k, and SHERRY L. SHUMAKER, : Individually and Jointly, Defendants AFFIDAVIT AS TO NON-MILITARY SERVICE AND CERTIFICATION OF LAST KNOWN ADDRESS OF DEFENDANTS AND PLAINTIFF COMMONWEALTH OF PENNSYLVANIA ss. COUNTY OF DAUPHIN Before me the undersigned authority, personally appeared Bonnie Berkoski, Asset Recovery Manager, of Mid Penn Bank, who being duly sworn according to law, deposes and says that upon reasonable investigation to the best of her knowledge and belief the Defendants are not in the active Military or Naval Service of the United States of America and that the last known address of said Defendants is as follows: 50 Appalachian Drive, Carlisle, Pennsylvania 17013. The address of the above Plaintiff is 5500 Allentown Boulevard, Harrisburg, Pennsylvania 17112. MID PENN BANK By: Bonnie Berkoski Asset Recovery Manager Sworn to and subscribed to before me this Ll day of 2014. COMMONWEALTH OF PENNSYLVANIA Notarial Seal Kelly Kauffman, Notary Public lower Paxton Twp., Dauphin County My Commission Expires June 3, 2017 Notary Public MEMBER,PENNSY(.VANIA ASSOCIATION OF NOTARIES PROMISSORY NOTE References in the shaded area are for Lender's use only and do not limit the applicability of this document to any part cu!ar loan or item. AnV item above containing"•••has been omitted due to text length limitations. Borrower: Thomas IN.Shumaker,Sr. Lender: Mid Penn Bank Sherry L.Shumaker Market Square Plaza 50 Appalachlan Drlvv 17 North Second Street Carlisle,1?A 17013 Harrisburg,PA 17101 I Principal Arnount: $429,000.00 Interest Rate: 6.850% Date of Note: March 4, 2009 i PROMISE TO PAY Thomas W.Shumaker;Sr.;and Sherry L.Shumaker('Borrower')Jointly and severally promise to pay to Mid Penn Bank ('Lender"),or order,in lawful money of-the United States of America,the principal amount of Four Hundred Twenty-nine Thousand&00!100 Dollars(5429,000.00),tggether wfth interest at the rate of 6.OW%per annum on the unpaid principal balance from March 4,2DD9,until paid in full. The Interes!rate rttay change under the terms and conditions of the`INTEREST AFTER:DEFAULr section. PAYMENT Borrower glII pay this loan In accordance.with the foliowIng payment schedule: Theaoan shat)be Rayabie over a term:of twenty(20)years Commencing April 4,20M,,the loan shag be payable In$bay.(60)oon;ecutive tt monthly instailmentslnclud(ng prineiPat arid'inter the amount-of 53,314.00,based upon an amortlzatlon of twenty(20)years,;wfth interest caleulated'ef_a rate of six and eighty five hundraths(9.85,6)percent-per annum. Five(5)years from the note.date Borrower shall have lite option ofanew fixed rate determinedao1aly.by Bank;ora:variable rate equal o.the Wall Street.Journal Prtnte Rate(`index')plus one(11-1001/6)percent; if the fixed rate option ls-chosemthe rate will be fixed for the next five(5)year interest rate period. If the'vailabie rate:optton.iii cho,6ol the interest rate:change.will not occur more often tham each month,on the.first business day,ot the:month: The monthly fnataliments shalt ba.reset'based,upon the then outstanding principal.balance, the remaining amortization period, and the Interest rate;in an arhount auff s me fo maintain the or)ginal amortization schedule.. All outstanding.principal,all accrued tend unpaid Interest,and any`other charges as may have been Incurred will;be.due and payable in full on or before Mirth.4,-,2029. Unless ottterwise.agreed.or required by:appiicable law,payments will be applied first to any accrued unpakt Interest;then fb principal;then'to any unpaid;cogection costs andthen to.,any late charges. The annual"n1erest rate for this Note is computed on a,36W60 bass,that Is by applying the ratio of the annualanterest rate over a year of 360.:days;mto fled by the outstanding prtrtcipal balance,multiplied by the actual number'of days°the principal balance-is outst ding. B'orrower.wl{I;pay Lender-at"Lender's addreas shown above or at such other place,as Lender may.designate in writing. t PREPAYMENT PENALTY; •Upon prepayment of Ah lending Lender la:entitled to the following prepayment penalty: If refinanced by.anothar lending Institution: A penalty of five percent(5 00')'of the outstanding loan principal balance at-the time of prepayment If the prepayment occurs during the first a.itoan:year, penalty of tour percent(4.00%)of the outstanding loan principal balance at the time of"prepayment:h the prepayment oscura during the second ioaq year;a,penaity of three percent.(3:000A)of the:outstanding loan_principal balance-at the-time of prepayment It:,the prepayment occurs during the third ioan year; a.penalty of two percent(2.00'/,)of the outstanding loan principal belanceaY the time of prepayment.if the prepayment occurs during the fourth loan year,-e penalty of two percent(2.000%)of the outstanding loan prtnclpal balance_at:Ute.time of prepayment if the prepayment oocura.during the fifth loan.year. The prepayment penalty shall be in effect for the original:five(5)year Interest►ate period,and shall renew upon adlustment of the Interest rate for any ensuing five(5)year interval,unless modified in writing Notwithstanding anything to the contrary. Borrower may funds. Except-for the foregoing,Borrower ma y prepay this loan, without penalty, from Internally generated g y pays or e.portlon of the amount owed earlier than it Is due. Early payments will not,unless agreed to by Lender In writing;reUeve Borrower of Borrowers obligation to continue to make payments under the payment schedule. .Rather;early payments wig reduce the principal balance due'artd may resutlfn Borrower's thea Ing fewer payments..Borrower agrees not to send Lender payments marked'paid in.full', wghautrecourse',:or similar language If Borrower sends such a payment;;lender may accept it w(thout,losing any of•Lenders rights und6r1his Note,agd Borrower,wip.remain obligated to pay any Wither aittount:owed to lender. All written communications concerning disputed amounts,including any check or otlter_payment.instrument that Indicates that:the payment-constitutes'payment;in full'Of the,amount owed or that is tendered with othereonditions-or limitations or as full satisfaction of a tlisputed:amount mustbe mailed or delivered to: Mid Penn oust owed Square Plaza,17 North Second Street;.Harrisburg,PA 17101. LATE'CHARGE. If a payment,is 15 days or.more late,Spnower.wili be charged 10.000°/ Is greater. .of the regularly scheduled payment or 525.00;whichever INTEREST AFTER DEFAULT. Upon defautti inciudirtg failure to pay upon final maturity, the Interest rate on thls:Note shall be,Increased by 5;000 percentage points. if judgment is entered in,connection with this Note interestwill continue.to accrue after the date of judgment atthe.rale in effect at the time Judgment is entered. However.H oo event will the Interest rate exceed the maximum Interest rate limitations under applicable.taw. DEFAULT. Each of the(oilowldg 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 Defaufts. Borrower faits 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 Lendevand Borrower. False Statements. Any warranty,representation or statement made or furnished to Lender Borroweror on Borrower's'behalf under this Note or the related documents is false or'misieadtng in any.material respect,elther now or at the time made or furnished or becomes false or misleading at any time thereafter. Death or Insolvency. Thedeath 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 Borrowers property,any assignment for the benefit of creditors;any type of creditor workout,or the commencement of any proceeding under anybankruptcy or Insolvency laws by or against Borrower. Creditor or. ForfaJure Proceedings. :Commencement of foreclosure or forfeiture roceedin s, whether judicial roceedin j repossession or:an other method:. y proceedings, by 1 proceeding, self-help, 1 epos y by an 'creditor of Borrower or by any.govemmentai agency.agalnstany collateral;securing the loan. This Includes a gamishnient 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 pasts of ttie.,credftor or forfeiture proceeding and if Borrower gfvos Lender written notice of the credltor orforfedure..proceeding and deposits with Lender montes or a sure .bond.tor the # creditor or forfeitureproceeding,in an amounfdetarmfned by Lender,in its sole discretion,as being an adequate reserve orbond for the dispute. Events:Affectfng Guarantor. Any of the preceding.events occurs with respect to any.guarantor,endorser,.surety,or accommodation ? party'of,any ! of the lndebtedrfess or any guarantor,endorser,surety::or accommodation party dies or becomes incompetent;or revokes:or disputes the validity, i EXHIBIT 1 PROMISSORY NOTE Loan No: 500051552 (Continued) Page 2 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 l performance of this Note is impaired. Insecurity. Lender in good faith believes Itself insecure. 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_d Borrower does not pay. Slorrower will pay Lender that amount. This Includes,subject to any limits under applicable law,Lender's attorneys'tees 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. It 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 coups 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 account with Lender(whether checking,savings,or some other account). This includes all accounts Borrower holds jointlywith 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 March 4,2009,-Io Lender on real property located In Cumberland County,Commonwealth of Pennsyivanla. (e) an Assignment of Ali Rents to Lender on real property located in Cumberland County,Commonwealth of Pennsylvania.: INCORPORATION OF COMMITMENT LETTER. The terms and conditions of a Commitment Letter dated February 23, 2009;between (:ender, Borrower,and Guarantors,together with any modifications and amendments,are hereby Incorporated into this Note as if the Commitment tetter were restated herein In its entirety. SUCCESSOR INTERESTS. The terms of this Note shall be binding upon Borrower,and upon Borrower's heirs,personal reprdsentatives,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 it,we report any Inaccurate Information about your account(s)to a consumer reporting agency. Your written notice describing the specific inaccuracy(ies)iihould be sent to us at the following address:Mid Penn Bank,Market Square.Plaza,17 North Second Street.Harrisburg,PA 17101. GENERAL PROVISIONS, It any part of this Note cannot be enforced,this:fact will not affect the rest of the Note. Lender may belay or forgo enforcing any of Its rights or remedies un er 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 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 1 in any manner Lender may choose; and (f) determine how, when and what application of payments and credits shall ba 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 coffateral;°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 modi(icaflon is made. The obligations under this Note are joint and several. If any portion of this Note Is tot any reason determined to be unenforceable,it will not affect the enforceability of any other provisions of this Note. CONFESSION OF JUDGMENT. 13ORROWER HEREBY IRREVOCABLY AUTHORIZES AND EMPOWERS ANY ATTORNEY bR THE PROTHONOTARY i OR CLERK OF ANY COURT IN THE COMMONWEALTH ORPENNSYLVANIA,OR ELSEWHERE,TO.APPEAR AT ANY TIM FOR BORROWER AFTER A DEFAULT UNDER THIS NOTE AND NTH 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 COLLEGTION,BUT IN ANY EVENT NOT LESS THAN FIVE HUNDRED DOLLARS (5500) 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 BORROWEMSHALL 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 F31GHT 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 1 i S PflOMISSORY NOTE Page 3 Loan No: 500051552 (Continued) PRIOR TO SIGNING THIS NOTE,EACH BORROWER READ AND UNDERSTOOD ALL THE PROVISIONS OF THIS NOTE. 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 INSTROMENT,ACCORDING TO LAW. BORROWER: I f r Seal) Seal) Thomas W Shumaker,Sr Sherry L.S 'Cker 1 ►. FVyL%=FC IW977'9f4SECPTEW _ - 'tA4ER PNO ynpiy,YN.f.lSOGaDF.'Cap•11FiLiO ifnrdA SaEAaniU,Fyi7,tJOB:MPpu�^'�'.'.►� i 4 I i I I . I F DISCLOSPE FOR CONFESSION OF GMENT ptTj"t pal . tcart;Date Maturity oan`N6 =" Uftleon-"` Account :Officer` ,initials'" x:429 OA0<U0. Q3 f342t}128 03.014.2029. .5R00a:�:552 117Q 335 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: Thomas W.Shumaker,Sr.(: Lender: Mid Penn Bank Sherry L.Shumaker Market Square 50 Appalachian Drive 17 North Secondd SStrtreet Carlisle,PA 17013 Harrisburg,PA 17101 Declarant: Thomas W.Shumaker,Sr. 50 Appalachian Drive i Carlisle,PA 17013 DISCLOSURE FOR CONFESSION OF JUDGMENT I AM EXECUTING,THIS 4;-` —DAY OF T lovt.4 200-0!L A PROMISSORY NOTE:FOR$429 000.60 OBUGATING ME TO REPAY THAT AMOUNT. A. I UNDERSTAND7HAT THE ROTE 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 wrmouTOFFERiNG ME AN OPPORTUNITY TO iDEFEND 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 E BY CONFESSION AS PROVIDED FOR IN THE CONFESSION.OF JUDGMENT PROVISION. INITIALS.f ' 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 MANNERR Y APPLICABLE STATE AND FEDERAL LAW,WITHOUT GIVING ME ANY ADVANCE NOTICE. INITIALS:P C. AFTER HAVING READ AND DETERMINED WHICH OF THE FOLLOWING STATEMENTS ARE APPLICABLE, BY INITIALING EACH STATEMENT THAT APPLIES,I REPRESENT THAT:. i INITIALS 1. I WAS REP.RESENTEU-BY MY OWN INDEPENDENT LEGALCOUNSEL CONNECTION VVITH THE NOTE. C: —V-q— 2. A REPOESENTATIVE OF'LENDER SPECIFICALLY CALLED THE CONFESSION OF JUDGMENT PROVISION IN.THE NOTE TOWY ATTENTION. D. 1 CERTIFY THAT MY ANNUAL INCOME EXCEEDS$10,000;THAT`THE-BLANKS IN THIS DISCLOSURE WERE FILLED IN.WHEN I INITIALED AND-SIGNED IT;AND`i;HAT 1 RECEIVED A COPY AT THE TIME OF SIGNING. THIS DISCLOSURE IS GIVEN UNDER.SEAL AND IT IS INTENDED THAT THIS DISCLOSURE IS AND SHALL CONSTITUTE AND HAVE THE EFFECT OF A SEALED INSTRUMENT ACCORDING TO LAW. DECLARANT: k X e � (Seal) Thomas W.Shumaker,Sr. t i t W[II PPq 46.q.VM:1Si0006..Cep.hnire ii+ndY$alubD.1n iM,2M.K rte]Re.wla .iA I}[f WUCIOJC TR ifs]iM SECDIE W ' I I 1 I I. DISCLOE FOR CONFESSION OF *DGMENT Principal Scan Date tt+laturity t:ban Na call°fcott Accouttit <olftic+rT 'initta s' p�l.Q;.Q0 03-.04.-2(309 ttz0 I?3-04-2Q29 80005. 552 335 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: Thomas W.Shumaker,Sr. Lender: Mid Penn Bank Sherry L.Shumaker(--_ Market Square Plaza 50 Appalachian Drive 17 North Second Street Carlisle,PA 17013 Harrisburg,PA 17101 Declarant: Sherry L Shumaker t So Appalachlan Drive Carlisle,PA 17013 DISCLOSURE FOR CONFESSION OF JUDGMENT 1 AM EXECUTING,THIS DAY OF 20-0a,A PROMISSORY NOTE FOR$429,000.00 OBLIGATING ME TO REPAY THAT AMOUNT. J 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 1 AN OPPORTUNITY TO'DEFEND AGAINST THE ENTRY OF JUDGMENT. IN EXECU71NG THE NOTE,BEING FULLY AWARE OF MY RIGHTS TO C ADVANCE NOTICE AND TO A HEARING TO CONTEST THEVALIDITYOF ANY JUDGMENT OR OTHER CLAIMS THAT LENDER MAY ASSERT AGAINST ME UNDER THE NOTE,I'AM.KNOWINGLY,:INTELUGENTLY,AND VOLUNTARILY WAIVING THESE RIGHTS,INCLUDING ANY RIGHT TO ADVANCE NOTICE OF THE ENTRY OF JUDGMENT,.AND 1 EXPRESSLY AGREE AND CONSENT TO LENDER'S ENTERING JUDGMENT AGAINST ME BY CONFESSION AS PROVIDED FOR,IN THE CONFESSION OF JUDGMENT PROVISION. INITIALS: '' J-- r—• 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 f LENDER,AFTER ENTRY OF JUDGMENT,AGAIN WITH EITHER ADVANCE NOTICE OR A HEARING,TO EXECUTE ON THE JUDGMENT BY I FORECLOSING UPON,°ATTACHING,LEVYING ON,TAKING POSSESSION OF OR OTHERWISE SEIZING MY PROPERTY,IN FULL OR PARTIAL i PAYMENT OF THE JUDGMENT. IWEXECUTING 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 PERMITTED BY APPLICABLE STATE AND FEDERAL LAW,WITHOUT GIVING ME ANY ADVANCE NOTICE. INITIALS: 'Z'71'`''1 C. AFTER HAVING DEAD 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 510,000;THAT THE BLANKS IN THIS DISCLOSURE WERE FILLED IN WHEN 1 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: �I X4ShrS Seal) ker I WEINO WWO•'Vw.115-00.061 f.aP.IwArd/iNrc.M 1M.an:1r j"j.M..N P4Y MNm1 •►A MDF, FVA � I i i OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA TO: Sherry L. Shumaker 50 Appalachian Drive Carlisle, PA 17013 MID PENN BANK, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION LAW vs. g`I Gv<<1��rn1 THOMAS W. SHUMAKER, SR. and SHERRY L. SHUMAKER, Individually and Jointly, : Defendants NOTICE Pursuant to Pa.R.C.P. Rule 236 please be advised that judgment by confession in the above proceeding was entered against you on2014, in the amount of: Principal Sum Due - $ 362,913.76 Interest to 11/17/2014 - 7,874.20 Late Fees to 11/17/2014 - 662.80 Attorney's Commission (10% of unpaid principal and interest) - 37.078.80 Total - $ 408,529.56 Together with interest which continues to accrue after November 17, 2014 and after entry of judgment at the contract rate ($69.05 per diem), additional late fees as may accrue at the contract rate, all amounts expended or advanced by Plaintiff relating to any collateral securing the Note and costs of suit. Copies of all documents filed are attached hereto. Prothonotary OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA TO: Thomas W. Shumaker, Sr. 50 Appalachian Drive Carlisle, PA 17013 MID PENN BANK, IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW vs. No. OmitTom THOMAS W. SHUMAKER, SR. and SHERRY L. SHUMAKER, Individually and Jointly, Defendants NOTICE Pursuant to Pa.R.C.P. Rule 236 please be advised that judgment by confession in the above proceeding was entered against you on -1�er 1c3. , 2014,'in the amount of: Principal Sum Due - $ 362,913.76 Interest to 11/17/2014 - 7,874.20 Late Fees to 11/17/2014 - 662.80 Attorney's Commission (10% of unpaid principal and interest) - 37,078.80 Total - $ 408,529.56 Together with interest which continues to accrue after November 17, 2014 and after entry of judgment at the contract rate ($69.05 per diem), additional late fees as may accrue at the contract rate, all amounts expended or advanced by Plaintiff relating to any collateral securing the Note and costs of suit. Copies of all documents filed are attached hereto. Prothonotary P 12 .15 iJ t ;ERLAt iD C 0 U N i Y €'E# t4,SYLVANj1A HENRY & BEAVER LLP By: Marc A. Hess Identification No. 55774 937 Willow Street P.O: Box 1140 Lebanon, PA 17042-1140 (717) 274-3644 MID PENN BANK, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW vs. No. 14 1181 vi -leen, THOMAS W. SHUMAKER, SR. and SHERRY L. SHUMAKER, Individually and Jointly, Defendants PRAECIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY OF SAID COUNTY: Sir, please enter the appearance of Marc A. Hess, of the law firm of Henry & Beaver LLP, whose address is 937 Willow Street, P.O. Box 1140, Lebanon, Pennsylvania 17042-1140 as attorney for Mid Penn Bank, the Plaintiff in the above- captioned case. Dated.\ tiP - ��, 2014 MARC A. HESS I.D. #55774 Attorney for Plaintiff