PHILADELPHIA – Santander Bank is pursuing what it believes are outstanding payments connected to the issuance of a pair of promissory notes in 2010.
On Sept. 13, 2010, Uttam K. Vanamala of Harrisburg signed two promissory notes totaling $49,000 on behalf of Exhilarate, LLC in Chevy Chase, Md. On Aug. 1, 2012, due to various events of default, Santander Bank in Philadelphia wanted the full remaining balance. Santander Bank elected to accept 48 consecutive monthly payments of $520.83 plus interest, beginning Sept. 13, 2012 and ending Aug. 13, 2016.
As of July 20, plaintiff counsel Robert L. Saldutti said the defendants remained in default, despite being advised of it two years earlier, in July 2013. According to plaintiff counsel, the total sum due was $49,869.70 plus interest, from July 20 to the date of judgment, on both promissory notes.
Both promissory notes plus the added costs totaled up to $49,869.70, between default damages, attorney’s fees, interest to July 20 and late fees, plus a filing fee of $151.76, with interest accruing forthwith.
Saldutti sought entry of judgment by confession against the defendants.
Drew Salaman filed a motion to open this judgment on Jan. 25, claiming Vanamala was told he would have no personal liability for the promissory notes from a Santander Bank representative, and the balance on the notes was calculated inaccurately.
Salaman asserted opposing counsel never contacted or interviewed Vanamala before filing to confess judgment, and thus, breached their duty to Vanamala and created a conflict of interest that “impaired their ability to act impartially in Vanamala’s best interest.” Salaman wanted the judgment opened and vacated.
Per a Thursday order from Judge Linda Carpenter, this motion to open or vacate the judgment was denied because the petitioner failed to appear at the scheduled hearing of the matter.
The plaintiff is represented by Saldutti of Saldutti Law Group, in Philadelphia.
The defendant is represented by Salaman of Salaman Henry, also in Philadelphia.
Philadelphia County Court of Common Pleas case 151200252
From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nickpennrecord@gmail.com