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HomeMy WebLinkAbout03-1656 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA CIVIL ACTION WAYPOINTBANK FIK/A YORK FEDERAL SAVINGS AND LOAN ASSOCIATION AND HARRIS SAVINGS BANK Plaintiff ~~ No. O:J - I &,5ft, vs. ALAN G. UNGER Defendant Confession of Judgment CONFESSION OF JUDGMENT Pursuant to the authority contained in the Warrant of Attorney, a copy of which is attached hereto, I appear for the above Defendant and confess judgment in favor of the Plaintiff and against the Defendant, as follows: Principal Balance Interest through 04/07/03 Late Charges Reasonable Attorneys Fees (10%) $132,795.02 $ 2,911.29 $ 131.70 $ 13.279.51 Total Judgment entered as above. 5149,117.52 DATED: c.t~lo~ By: -~ n~_~~ B~~~ Attorney for Defendant 235 North Second Street P.O. Box 1711 Harrisburg, P A 17105 Phone: (717) 815-4518 1.0. No. 72030 1 "--'-"~.~.."--_.~.,_.....~. ,~-"~- ~-. 0 roo r-o -, C\ ._-' " ~ ~ J .- -- c: ~ -. ~ ~ .. ~ u...,\ ~ ~\ ~ (:);. - '\ 0- '-, ..~-) '- \ " G '-' ~ I ~ ~ 1 ~ ~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA CIVIL ACTION W A YPOINT BANK F/K/A YORK FEDERAL SAVINGS AND LOAN ASSOCIATION AND HARRIS SAVINGS BANK Plaintiff ~~ 03--- / ~ ~" No. vs. ALAN G. UNGER Defendant Confession of Judgment COMPLAINT AND NOW, to wit, this ~ day of ~ 2003, comes Waypoint Bank, Plaintiff, by and through its attorney, Benjamin F. Riggs, Jr., and files this Complaint upon a cause of action whereof the following is a statement: 1. The Plaintiff is Waypoint Bank, a corporation organized and existing under the laws of the United States of America, and it is registered to do business in Pennsylvania, with offices for the purpose of doing business at 235 North Second Street, Harrisburg, Pennsylvania. 2. The Defendant is Alan G. Unger, adult individual, whose principal address is 236 Red Tank Road Boiling Springs, P A 17007. 3. That attached hereto and incorporated herein by reference thereto is a copy of the original instrument executed by the Defendant authorizing confession of judgment ( note dated April 14, 2000). 4. The attached instrument has not been assigned. 2 5. That the judgment to be entered does not involve a loan defined as a "consumer credit transaction" in accordance with Annex A. to Title 231, Chapter 2950, Rule 2951 (a)(2). 6. That judgment has not been entered on the attached instrument in any jurisdiction. 7. The attached instrument provides for confession of judgment against the Defendant, at the Plaintiffs option. Plaintiff has exercised its option to confess judgment pursuant to the terms of the instrument for an amount which the Defendant may become liable. 8. As a consequence of the foregoing, the Defendant is liable to the Plaintiff as follows, as of April 7, 2003: Principal Balance Interest through 04/07/03 Late Charges Reasonable Attorneys Fees (10%) $132,795.02 $ 2,911.29 $ 131.70 $ 13.279.51 Total Amount $149,117.52 WHEREFORE, PlaintiffWaypoint Bank demands judgment against the Defendant in the total sum as authorized by the Warrant appearing in the attached instrument. DATED:~ By: lfrPy Benjamin . Riggs, r. Attorney for Defendant 235 North Second Street P.O. Box 1711 Harrisburg, P A 17105 Phone: (717) 815-4518 1.0. No. 72030 3 IDHARRIS@ .. SAVINGS BANK PROMISSORY NOTE Borrower: Alan G. Unger 236 Red Tank Road Boiling Springs, PA 17007 Lender: Harris Savings Bank 234 N. Second Street POBox 1711 Harrisburg, PA 17105 Principal Amount: $140,000.00 Date of Note: April 14, 2000 PROMISE TO PAY. Alan G. Unger ("Borrower") promises to pay to Harris Savings Bank ("Lender"), or order, In lawful money of the United States of America, the principal amount of One Hundred Forty Thousand & 001100 Dollars ($140,000.00), together with Interest on the unpaid principal balance from April 14,2000, until paid In full. PAYMENT. SUbject to any payment changes resulting from changes In the Index, Borrower will pay this loan In accordance with the follOWing payment schedule: Principal and Interest are due and payable In 60 equal consecutive monthly Installments of $1,317.07 each, commencing on May 14, 2000 and ending April 14,2005. From the date hereof until April 14,2005, ("Initial Fixed Rate Period") Interest will be fixed at the rate of 9.50%. Thereafter, for the remaining term, the Interest rate shall be re-negotlated to a new fixed rate offered by Lender In Its sole discretion (and agreed to by Borrower), or the rate will revert to Harris Savings Bank Prime Rate (as defined In Variable Interest Rate below) plus 1%. After the Initial Fixed Rate Period and based on the subsequent change In Interest rate, the monthly Installment shall be changed to an amount sufficIent to amortize the unpaid principal balance over the remaining period of 180 months. All unpaid principal together wIth any unpaid Interest and late charges will be due and payable at maturity, April 14,2010. The annual Interest rate for this Note is computed on a 365/360 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. Unless otherwise agreed or required by applicable law, payments will be applied first to accrued unpaid interest, then to principal, and any remaining amount to any unpaid collection costs and late charges. VARIABLE INTEREST RATE. The interest rate on this Note is SUbject to change from time to time based on changes in an index which is Lender's Prime Rate (the "Index"). This is the rate Lender charges, or would charge, on 9O-cIay unsecured loans to the most creditworthy corporate customers. This rate mayor may not be the lowest rate available from Lender at any given time. Lender will tell Borrower the current Index rate upon Borrower's request. Borrower understands that Lender may make loans based on other rates as well. The interest rate change will not OCCur more often than each Day. The Index currently Is 9.000% per annum. The Interest rate to be applied to the unpaid principal balance of this Note will be at a rate of 1.000 percentage point over the Index, resulting In a current rate of 10.000% per annum. 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 optlon, may do one or more of the following: (a) increase Borrower's payments to ensure Borrower's loan will payoff 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. Upon prepayment Of this Note, Lender Is entitled to the follOWing prepayment penalty: A prepayment fee will be charged If this Note Is prepaid, In whole or In part, during the fixed rate period. The fee will be calculated at two percent (2%) of the principal amount prepaid. A prepayment fee will not be charged on any amount (up to 20% of the original principal amount) prepaid within any loan year from Internally generated funds. The term "loan year" Is defined as any period of one year commencing on the clOsing date or any anniversary date thereof. 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 of 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. LATE CHARGE. If a payment is 15 days or more late, Borrower will be charged 5.000% of the regularly scheduled payment or $10.00, whichever Is greater. DEFAlI. T. Borrower will be in default if any of the following happens: (a) Borrower fails to make any payment when due. (b) Borrower breaks any promise Borrower has made to Lender, or Borrower fails to comply with or to perform when due any olher term, obligation, covenant, or condition contained in this Note or any agreement related 10 this Note, or in any other agreement or loan Borrower has with Lender. (c) Borrower defaults under any loan, extension of credit, security agreement, purchase or sales agreement, 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 Nole or any of the Related Documents. (d) Any representation or statement made or furnished to Lender by Borrower or on Borrower's behalf is false or misleading in any material respect either now or at the time made or furnished. (e) Borrower dies or becomes insolvent. a receiver is appointed for any part of Borrower's property, Borrower makes an assignment for the benefit of creditors, or any proceeding Is commenced either by Borrower or against Borrower under any bankruptcy or insolvency laws. (f) Any creditor tries to take any of Borrower's property on or in which Lender has a lien or security interest. This includes a garnishment of any of Borrower's accounts with Lender. (g) Any of the events described in this default section occurs with respect to any guarantor of this Note. (h) A material adverse change occurs in Borrower's financial condition, or Lender believes the prospect of payment or performance of the Indebtedness is impaired. 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 (and no event of default will have occurred) if Borrower. after receiving written notice from Lender demanding cure of such default: (a) cures the default within fifteen (15) days; or (b) if the cure requires more than fifteen (15) days, immediately initiates steps which Lender deems in Lender's sole discretion to be sufficient 10 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 on this Note and all accrued unpaid interest immediately due, and then Borrower will pay that amount. Upon default, including failure to pay upon final maturity, Lender, at its option, may also, if permitted under applicable law, Increase the variable interest rate on this Note to 3.000 percentage points over the Index. The interest rate will not exceed the maximum rate permitted by applicable law. Lender may hire or pay someone else to help co/lecl this Note if Borrower does not pay. Borrower also will pay Lender that amount. This includes, subject to any limits under applicable law, Lender's 11AO'':0 NTH:13elNn 09':'l:d 09':'1::19':'1:3 0.:a-Vd)'pll^-,lISlIJSI415!J IIV 'OUI 'SlIOI^-,lIS0Jd 1:10 000':(0) .1.':'1: 'JlIA ""0 'W'J. 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'SiSOO iJnoo ~U8 ~8d II!M OSI8 JaMOJJ08 'M81 9\qeo!ldd8 Aq pai!q!llOJd IOU jl "SOO!^.las UO!i091100 luaw6pnHsod paiBdp!lU8 ~U8 PU8 'sreadd8 '(uo!loun[u! JO ~lqS :>!i8WOin8 ~U8 ai808A JO NIPOW 01 lij.loua 6u!pnlou!> s6uIPaaooJd AOldnJ)!U8q JOI sasuadxa 18Bal PU8 seal ,sAaUJo>>8 6u!pnIOU! 'i!nSM81 8 S! aJallllOU JO JalllallM sasuadxa 18Bal S,JapUa1 PU8 seal ,sAaUJO>>8 ~ aBed (panuIlUO:>) 3!ON AI:IOSSIWOl:ld I.L&I.OO&L88 ON ue01 OO~-tI.-tO DISCLO~~RE FOR CONFESSION OF ",,",DGMENT Borrower: Alan G. Unger 236 Red Tank Road Boiling Springs, PA 17007 Lender: Harris Savings Bank 234 N. Second Street POBox 1711 HarrIsburg, PA 17105 DISCLOSURE FOR CONFESSION OF JUDGMENT I AM EXECUTING, THIS I C(' DAY OF ME TO REPAY THAT AMOUNT. A. I UNDERSTAND THAT THE NOTE CONTAINS A CONFESSION OF JUDGMENT PROVISION THAT WOLLD PERMIT LENDER TO ENTER JUDGMENT AGAINST ME IN COURT, AFTER A DEFALLT ON THE NOTE, WITHOUT ADVANCE NOTICE TO ME AND WITHOUT OFFERING ME AN OPPORTUNITY TO DEFEND AGAINST THE ENTRY OF JUDGMENT. IN EXECUTING THE NOTE, BEING FULLY AWARE OF MY RIGHTS TO ADVANCE NOTICE AND TO A HEARING TO CONTEST THE VALIDITY OF ANY JUDGMENT OR OTHER CLAIMS THAT LENDER MAY ASSERT AGAINST ME UNDER THE NOTE, I AM KNOWINGLY, INTELLIGENTLY, AND VOLUNTARILY WAIVING THESE RIGHTS, INCLUDING ANY RIGHT TO ADVANCE NOTICE OF THE ENTRY OF JUDGMENT, AND I EXPRESSLY AGREE AND CONSENT TO LENDER'S '~UDGMENT AGAINST ME BY CONFESSION AS PROVIDED FOR IN THE CONFESSION OF JUDGMENT PROVISION. INITIALS: '8. 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 WOLLD PERMIT LENDER, AFTER ENTRY OF JUDGMENT, 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. 1iOWEVER, LENDER MUST PROVIDE NOTICE TO ME UNDER APPLICABLE LAW IN EXECUTING ANY CONFESSED 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 JUDGM T, I AM KNOWINGLY, INTELLIGENTLY AND VOLUNTARILY WAIVING THESE RIGHTS, AND I EXPRESSLY AGREE AND CONSENT TO R'S ING ON THE JUDGMENT, IN ANY MANNER PERMITTED BY APPLICABLE STATE AND FEDERAL LAW. INITIALS: If;~ , 20 do ,A PROMISSORY NOTE FOR $140,000.00 OBLIGATING C. AFTER HAVING READ AND DETERMINED WHICH OF THE FOLLOWING STATEMENTS ARE APPLICABLE, AND BY PLACING MY INITIALS NEXT TO EACH STATEMENT WHICH APPLIES, I REPRESENT THAT: '~~S ___ ~ I WAS REPRESENTED BY MY OWN INDEPENDENT LEGAL COUNSEL IN CONNECTION WITH THE NOTE. 2. A REPRESENTATIVE OF LENDER SPECIFICALLY CALLED THE CONFESSION OF JUDGMENT PROVISION IN THE NOTE TO MY ATTENTION. D. I CERTIFY THAT MY ANNUAL INCOME EXCEEDS $10,000; THAT THE BLANKS IN THIS DISCLOSURE WERE FILLED IN WHEN I INITIALED AND SIGNED IT; AND THAT I RECEIVED A COpy AT THE TIME OF SIGNING. THIS DISCLOSURE HAS BEEN SIGNED AND SEALED BY THE UNDERSIGNED. AF:~I~~TmHHH 'HHmHHC!HH "HHHH~HHH'HH"H X 'fJ?//!ffi'?~~~; ,':/X?/XmUU?7i/iff (SEAL) Ian G. er . LASER PRO, Reg. U,S, Pat. & T.M, Off" Ver, 3,27 lc) 2000 CFI ProServices, Inc, All rights reserved, (PA-D30 E3,28 F3,28 P3,28c UNGER1.LN C2,OVLJ VERIFICATION I verify that the statements made in the foregoing Complaint are true and correct to the best of my knowledge, information, and belief. I further verify that I am a Vice President of W A YPOINT BANK, and that as such, I am authorized to make this Verification on its behalf. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. ~ 4904 relating to unsworn falsification to authorities. WAYPOINTBANK DATED: <1'9-03 BJ~.~ Nathan E. Lightner Vice President 13 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA CIVIL ACTION WAYPOINTBANK FIK/A YORK FEDERAL SAVINGS AND LOAN ASSOCIATION AND HARRIS SAVINGS BANK Plaintiff No. vs. ALAN G. UNGER Defendant Confession of Judgment OFnCE OF THE PROTHONOTARY OF CUMBERLAND COUNTY CERTIFICATE OF RESIDENCE PA. R.C.P. 236 I hereby certify that the precise mailing address of the Plaintiff is: P. O. Box 1711, Harrisburg, Pennsylvania 17105-1711 I hereby certify that the precise mailing address of the Defendant, Alan G. Unger is: 236 Red Tank Road Boiling Springs, Pa 17007 DATED: '-/)/03 By: Benjamin F. Rig s, Jr. Attorney for Defendant 235 North Second Street P.O. Box 1711 Harrisburg, P A 17105 Phone: (717) 815-4518 I.D. No. 72030 5 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION WAYPOINTBANK F/K/A YORK FEDERAL SAVINGS AND LOAN ASSOCIATION AND HARRIS SAVINGS BANK Plaintiff No. vs. ALAN G. UNGER Defendant Confession of Judgment Commonwealth of Pennsylvania County of York Before me, a Notary Public for York County, Pennsylvania, personally appeared Benjamin F. Riggs, Jr., Attorney for the Plaintiff in the above entitled case, who being duly sworn or affirmed according to law deposes and says, that the Defendant above named is not in the military service of the United States of America, that he has personal knowledge that the said Defendant's, last-known address is 236 Red Tank Road Boiling Springs, Pa 17007. Sworn and SUbScrib~fo/e me this 9#-dayof r/, 2003 Benj~et-4J Attorney for Plaintiff I.D. No. 72030 ~}n~ Notary Public My Commission expires: Notarial Seal . Sandra M. Aulbach, Notary Public City of York, Xork County My Commission Expires May 23, 2005 Member, Pennsylvania Association of Notaries 4 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA CIVIL ACTION WAYPOINTBANK F/K/A YORK FEDERAL SAVINGS AND LOAN ASSOCIATION AND HARRIS SAVINGS BANK Plaintiff No. vs. ALAN G. UNGER Defendant Confession of Judgment NOTICE OF DEFENDANT'S RIGHTS TO: Alan G. Unger 236 Red Tank Road Boiling Springs, Pa 17007 A judgment in the amount of$149,117.52 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 your. 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 T 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 AND CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. LAWYER REFERRAL SERVICE OF THE CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, Pa 17013 Telephone: (717) 249-3166 6 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION WAYPOINTBANK F/K/A YORK FEDERAL SAVINGS AND LOAN ASSOCIATION AND HARRIS SAVINGS BANK Plaintiff No. vs. ALAN G. UNGER Defendant Confession of Judgment CERTInCATEOFSERVICE AND NOW, to wit, this qrt-t- day of April, 2003, I, Benjamin F. Riggs, Jr., Esquire, attorney for PlaintiffWaypoint Bank of235 North Second Street, Harrisburg, Pennsylvania, hereby certify that I served a true and correct ,copy of the Notice of Defendant's Rights filed in the above captioned matter by certified, first class mail, return receipt reqested, as well as first class mail, postage prepaid, on the Defendant, on the ~ day of April, 2003 as follows: Alan G. Unger 236 Red Tank Road Boiling Springs, Pa 17007 DATED:~ By: Benjamin . Riggs, . Attorney for Defendant 235 North Second Street P.O. Box 1711 Harrisburg, P A 171 05 Phone: (717) 815-4518 I.D. No. 72030 10 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA CIVIL ACTION WAYPOINT BANK F/K/A YORK FEDERAL SAVINGS AND LOAN ASSOCIATION AND HARRIS SAVINGS BANK Plaintiff No. vs. ALAN G. UNGER Defendant Confession of Judgment NOTICE OF FILING JUDGMENT () Notice is hereby given that a judgment in the above-captioned matter has been entered against you in the amount of$ 149,117.52 on the day of , 2003. () A copy of all documents filed with the Prothonotary in support of the within judgment is/are enclosed. Prothonotary Civil Div. By: If you have any questions concerning the above case, please contact the following party: Benjamin F. Riggs, Jr. (J.D. No. 72030) Attorney for the Defendant 235 North Second Street P. O. Box 1711 Harrisburg, Pennsylvania 171 05-1711 Telephone: (717) 815-4518 (This Notice is given in accordance with Pa.R.C.P. 236.) 8 Notice sent: Alan G. Unger 236 Red Tank Road Boiling Springs, Pa 17007 9 SHERIFF'S RETURN - REGULAR CASE NO: 2003-01656 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND WAYPOINT BANK ET AL VS UNGER ALAN G RICHARD SMITH , Sheriff or Deputy Sheriff of Cumberland County, pennsylvania, who being duly sworn according to law, says, the within CONFESSION OF JUDGE was served upon UNGER ALAN G the DEFENDANT , at 0845:00 HOURS, on the 17th day of April , 2003 at 236 RED TANK RD BOILING SPRINGS, PA 17007 by handing to ALAN UNGER a true and attested copy of CONFESSION OF JUDGE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge So Answers: 18.00 4.83 .00 10.00 .00 32.83 r~'~/~~ R. Thomas Kline 04/21/2003 WAYPOINT BANK Sworn and Subscribed to before By: -- me this ~ ~ day of llLo .2<n>J A. D . OJ' - Cl )-JL~ --: 7 prothonotarY~ o. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION WAYPOINT BANK F/K/A YORK FEDERAL SAVINGS AND LOAN ASSOCIATION AND HARRIS SAVINGS BANK Plaintiff No 2003-01656 vs, ALAN G. UNGER A1K/A ALAN GRANT UNGER Defendant CONFESSION OF JUDGMENT PRAECIPE TO ISSUE WRIT OF EXECUTION P.R.C.P. 3101 to 3149 To the Prothonotary: ISSUE WRIT OF EXECUTION IN THE ABOVE MATTER, (1) Directed to the Sheriff of Cumberland County, Pennsylvania; (2) against ALAN G, UNGER a1k1a ALAN GRANT UNGER, Defendant. (3) and index this writ (a) against ALAN G, UNGER a/kla ALAN GRANT UNGER, Defendant. as a lis pendens against the real property of the Defendant as follows: ALL THOSE TRACTS OF LAND SITUATE, LYING AND BEING in South Middleton Township, County of Cumberland and Commonwealth of Pennsylvania, as more fully described in Exhibit A, attached hereto and made a part hereof, (4) Amount Due. , , . , . , , , , , , , , , . , , . , . , , , ,$149,117.52 ./ Interest from 04/08/03 through 09/08/04, , ,$ 11,708.47 TOTAL AMOUNT $160,825,9~ with interest from 09/09/04 at such rate or rates as established by Plaintiff pursuant to the terms of the Note, currently $34,63 per diem, late charges from 09/09/04 at 5% of the monthly payment amount, currently $65.85 per month from 09/09/04, attorney's fees, costs of suit, and other charges, Dated: .April ,S', 2004 Be,J6f ~/..""i~ I.D, No, 72030 IN THE COURT OF COMMON PLEAS OF CUMBERlAND COUNTY, PENNSYLVANIA CIVIL ACTION WAYPOINT BANK, F/K/A YORK FEDERAL SAVINGS AND LOAN ASSOCIATION AND HARRIS SAVINGS BANK Plaintiff : No, 2003-01656 vs, ALAN G, UNGER A/K/A ALAN GRANT UNGER Defendant PRAECIPE FOR WRIT OF EXECUTION - CONFESSION OF JUDGMENT TO THE PROTHONOTARY OF SAID COURT: Issue Writ of Execution in the above-captioned matter, Amount Due. , , , , , , , , , , , , , , . , . , , ' , , , ,$149,117,52 DATE: 4);5 jOq Interest from 04/08/03 through 09/08/04, , ,$ 11,708.47 TOTAL AMOUNT $160.825,99 Signature: I ~/ .J Benj~~, R1;lf1 Attorney for Plaintiff P.O, Box 1711 Harrisburg, PA 17105-1711 (717) 815-4518 1.0, No, 72030 WRIT OF EXECUTION - CONFESSION OF JUDGMENT COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND : ss, TO THE SHERIFF OF SAID COUNTY: To satisfy the judgment, interest and costs in the above-captioned case, you are directed to levy upon and sell the properties described in the attached description,. DATE: Prothonotary By: Deputy .THE REAL ESTATE PARCELS WHICH ARE THE SUBJECT OF THIS WRIT OF EXECUTION ARE OWNED BY ALAN G, UNGER A/K/A ALAN GRANT UNGER AND ARE NOT RESIDENTIAL REAL ESTATE AND ARE NOT SUBJECT TO 41 Pa, C. S.. A. ~ 101 ET,SEQ, AS SUCH PENNSYLVANIA RULE 2981 ET,SEQ, IS NOT APPLICABLE TO THIS ACTION, Exhibit A ALL THAT TRACTS OF LANO SITUATE, LYING ANO BEING in South Middleton Township, County of Cumberland and Commonwealth of Pennsylvania, described as follows: Tax 10, #40-13-0126-045 being an unimproved 63,53 acre parcel located on Red Tank Road, Boiling Springs, PA 17007; Tax 10, #40-13-0126-011 being an unimproved 11,6 acre parcel/ocated on Red Tank Road, Boiling Springs, PA 17007; Tax 10, #40-13-0126-010A being an unimproved parcel, containing 7 acres more or less located on Red Tank Road, Boiling Springs, PA 17007; and Tax 10, #40-09-0527-039 being known and numbered as 610 Alexander Spring Road, Carlisle, PA 17013, with a commercial building located thereon, parcel containing 1,843 acres exclusive of the dedicated right-of-way of Alexander Spring Road, \~ rC- -...J G cA .\ I)-i ~!~ \i. , '-. ~ 0(\ ~ ~ fJ-J 0 -("" -- LN 0V ~ ~ ~\J r',,'" ("', C',; - j i 4:- ~, r--, "--1 -r:- --.- \,.:. u "', ~. ~ \-' ~ .-S\ '-.J \ - -- ~?---' 6- C':' :1.' C/' ~ c/ V \..}..i ,- j.,.': WRIT OF EXECUTION andlor ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 03-1656 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due WAYPOINT BANK, f/k/a YORK FEDERAL SAVINGS AND LOAN ASSOCIATION and HARRIS SAVINGS BANK Plaintiff (s) From ALAN G. UNGER a/k/a ALAN GRANT UNDER, 236 RED TANK ROAD, BOILING SPRINGS PA 17007. (1) You are directed to levy upon the property of the defendant (s)and to sell REAL ESTATE LOCATED AT RED TANK ROAD (3 TAX ID #S) BOILING SPRINGS P A 17007 and 610 ALEXANDER SPRING ROAD, CARLISLE P A 17013 (TAX ID # 40-090527-039) ALL THOSE TRACTS OF LAND SITUATE, LYING AND BEING IN SOUTH MIDDLETON TWP., CUMBERLAND CO PA - SEE LEGAL DESCRIPTIONS. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify himlher that he/she has been added as a garnishee and is enjoined as above stated. AmountDue $149,117,52 L.L.$,50 Interest 4/8/03 TO 9/8/04 @ $34.63 per diem = $11,708.47 Atty's Comm % Due Prothy $1.00 Other Costs LATE CHARGE FROM 9/9/04 @ Ally Paid $70.83 $65.85 PER MONTH Plaintiff Paid Date: APRIL 19,2004 (Seal) CURTIS R. LONG protho(}ary ~ fh 7 By: ~ J'd -'.v(, I Deputy I REQUESTING PARTY: Name BENJAMIN F. RIGGS, JR., ESQUIRE Address: POBOX 1711 HARRISBURG PA 17105-1711 Attorney for: PLAINTIFF Telephone: (717) 815-4518 Supreme Court ID No. 72030 (J IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION WAYPOINT BANK, F/K/A YORK FEDERAL SAVINGS AND LOAN ASSOCIATION HARRIS SAVINGS BANK Plaintiff vs, No. 2003-01656 ALAN G, UNGER AlK/A ALAN GRANT UNGER Defendant CONFESSION OF JUDGMENT AFFIDAVIT PURSUANT TO RULE 3129,1 Waypoint Bank, f/k/a Harris Savings Bank and York Federal Savings and Loan Association, Plaintiff in the above action, sets forth as of the date the praecipe for the writ of execution was filed to following information concerning the real properties located at: Red Tank Road (3 Tax 10 #5) Boiling Springs, PA 17007 Tax 10 # 40-13-0126-045 Tax 10 # 40-13-0126-011 Tax 10 # 40-13-0126-010A AND 610 Alexander Spring Road Carlisle, PA 17013 Tax 10 # 40-09-0527-039 ALL THOSE TRACTS OF LAND SITUATE, LYING AND BEING in South Middleton Township, County of Cumberland and Commonwealth of Pennsylvania. as more fully described in Exhibit A, attached hereto and made a part hereof. 1, Name and address of Owner or Reputed Owner, Name Alan G, Unger a/k/a Alan Grant Unger Address 236 Red Tank Road Boiling Springs, PA 17007 2. Name and address of Defendant in the Judgment: Name Alan G, Unger a/k/a Alan Grant Unger Address 236 Red Tank Road Boiling Springs, PA 17007 3, Name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address (if address cannot be reasonably ascertained. please do indicate) Washington Mutual Bank, FA c/o Daniel G, Schmieg, Esquire Federman & Phelan, LLP 1617 John F, Kennedy Boulevard Suite 1400 Philadelphia, PA 19103 4, Name and address of the last recorded holder of every mortgage of Record: Name Address (if address cannot be reasonably ascertained, please do indicate) P,O, Box 1711 Harrisburg, PA 17105-1711 Waypoint Bank, f/k/a Harris Savings Bank and York Federal Savings and Loan Association 5, Name and address of every other person who has any record lien on their property: Name Address (if address cannot be reasonably ascertained. please do indicate) N/A 6, Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: Name Address (if address cannot be reasonably ascertained. please do indicate) South Hanover & High Streets Carlisle, PA 17013 Cumberland County Tax Claim Bureau 7, Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property, which may be affected by the sale: Address (if address cannot be reasonably ascertained. please do indicate) Name N/A I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief, I understand that false statements herein are made subject to the penalties of 18 PA C,S, Sec. 4904 relating to unsworn falsification to authorities, Date: ftprd I~ d-oo'f By: / ,?;/ -I Benjamin~S~;- Attorney for Plaintiff 235 North Second Street P,Q. Box 1711 Harrisburg, PA 17105-1711 (717) 815-4518 1.0, No, 72030 0, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION WAYPOINT BANK, F/K/A HARRIS SAVINGS BANK AND YORK FEDERAL SAVINGS AND LOAN ASSOCIATION Plaintiff No, 2003-01656 vs. CONFESSION OF JUDGMENT ALAN G. UNGER A/K/A ALAN GRANT UNGER Defendant AFFIDAVIT OF MAILING Before me, a Notary Public in and for said County and Commonwealth, the undersigned officer, personally appeared Benjamin F, Riggs, Jr" Attorney for Waypoint Bank, f/k/a Harris Savings Bank and York Federal Savings and Loan Association, the Plaintiff in the above-captioned judgment, who, being duly sworn according to law, deposes that on the ~ day of ~, 2004, a Notice of Sheriff's Sale in the above-captioned case was mailed, via first class mail, postage prepaid, to the following: Cumberland County Tax Claim Bureau South Hanover & High Streets Carlisle, PA 17013 Washington Mutual Bank, FA c/o Daniel G, Schmieg, Esquire Federman & Phelan, LLP 1617 John F, Kennedy Boulevard Suite 1400 Philadelphia, PA 19103 Copy of Proof of Mailing is attached hereto, Sworn and subscribed to before me this L2.... day of SIl~~~9r, 2004 .,... / c!A~, Notary bile My Commi sion expires: By: I ~.1 i Benjami~ig9ZP Attorney for the Plaintiff I.D, No, 72030 (717) 815-4518 \ Notarial Seal '\ Dawn M. 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" <i" i~ ~ o (ii":' ~ -n ~ -.. 0'" 0 Cl.- m ~ ~ =: -, fJ ~ "T1~ ~" m ~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION WAYPOINT BANK, F/KJA HARRIS SAVINGS BANK AND YORK FEDERAL SAVINGS AND LOAN ASSOCIATION Plaintiff No, 2003-01656 vs, CONFESSION OF JUDGMENT ALAN G. UNGER A/KJA ALAN GRANT UNGER Defendant NOTICE PURSUANT TO PA. R.C.P, 3129.2 NOTICE IS HEREBY GIVEN to the following parties who hold one or more mortgage, judgment or tax liens against the real estate of Alan G, Unger a/kfa Alan Grant Unger: Cumberland County Tax Claim Bureau South Hanover & High Streets Carlisle, PA 17013 Washington Mutual Bank, FA c/o Daniel G, Schmieg, Esquire Federman & Phelan, LLP 1617 John F, Kennedy Boulevard Suite 1400 Philadelphia, PA 19103 You are hereby notified that on September 8, 2004 at 10:00 o'clock A.M" prevailing local time, by virtue of a Writ of Execution issued out of the Court of Common Pleas of Cumberland County, Pennsylvania, on the judgment of Waypoint Bank, f/kfa Harris Savings Bank and York Federal Savings and Loan Association vs. Alan G. Unger a/kfa Alan Grant Unger, No, 2003-01656 the Sheriff of Cumberland County, Pennsylvania will expose at Public Sale in the Court House, One Courthouse Square, Carlisle, PA 17013, County of Cumberland, Pennsylvania, real estate of Alan G. Unger a/kfa Alan Grant Unger and located at: Red Tank Road, Boiling Springs, PA 17007 (3 Tax 10 #'s: Tax 10 # 40-13-0126-045, Tax 10 # 40-13-0126-011, Tax 10 # 40-13-0126-010A) AND 610 Alexander Spring Road, Carlisle, PA 17013, Tax 10 # 40-09-0527-039 ALL THOSE TRACTS OF LAND SITUATE, LYING AND BEING in South Middleton Township, County of Cumberland and Commonwealth of Pennsylvania, as more fully described in Exhibit A, attached hereto and made a part hereof, You are further notified that a Proposed Schedule of Distribution will be filed by the Sheriff of Cumberland County on October 8, 2004, and distribution will be made in accordance with the Schedule unless exceptions are filed thereto within ten (10) days thereafter, You are further notified that the lien you hold against said real estate will be divested by the sale and that you have an opportunity to protect your interest, if any, by being notified of said Sheriff Sale, oate:,Apf,'/ /5; 9-0Dc..J BY:B ' MF R'~ ' enJarnrn , Igg, r squire Attorney for Pia inti 1.0, No, 72030 (717) 815-4518 Exhibit A ALL THAT TRACTS OF LAND SITUATE, LYING AND BEING in South Middleton Township, County of Cumberland and Commonwealth of Pennsylvania, described as follows: Tax 10. #40-13-0126-045 being an unimproved 63,53 acre parcel located on Red Tank Road, Boiling Springs, PA 17007; Tax 10, #40-13-0126-011 being an unimproved 11,6 acre parcel located on Red Tank Road, Boiling Springs, PA 17007; Tax 10, #40-13-0126-010A being an unimproved parcel, containing 7 acres more or less located on Red Tank Road, Boiling Springs, PA 17007; and Tax 10, #40-09-0527-039 being known and numbered as 610 Alexander Spring Road, Carlisle, PA 17013, with a commercial building located thereon, parcel containing 1,843 acres exclusive of the dedicated right-of-way of Alexander Spring Road, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION WAYPOINT BANK, F/K/A HARRIS SAVINGS BANK AND YORK FEDERAL SAVINGS AND LOAN ASSOCIATION Plaintiff No, 2003-01656 vs, CONFESSION OF JUDGMENT ALAN G, UNGER AJK/A ALAN GRANT UNGER Defendant NOTICE OF SHERIFF'S SALE OF REAL PROPERTY PURSUANT TO PENNSYLVANIA RULES OF CIVIL PROCEDURE 3129.2 TO: Alan G. Unger a/k/a Alan Grant Unger 236 Red Tank Road Boiling Springs, PA 17007 TAKE NOTICE: That the Sheriff's Sale of Property (real estate) will be held on September 8,2004, in the SHERIFF'S OFFICE, Cumberland County Courthouse, One Courthouse Square Carlisle, PA 17013 at 10:00 A.M, prevailing time, THE PROPERTY TO BE SOLD is delineated in detail in a legal description mainly consisting of a statement of the measured boundaries of the property, together with a brief mention of the building and any other improvements erected on the land, (SEE DESCRIPTION ATTACHED) THE LOCATIONS of your properties to be sold are: Red Tank Road (3 Tax ID #s) Boiling Springs, PA 17007 Tax ID # 40-13-0126-045 Tax ID #40-13-0126-011 Tax ID # 40-13-0126-010A AND 610 Alexander Spring Road Carlisle, PA 17013 Tax ID # 40-09-0527-039 ALL THOSE TRACTS OF LAND SITUATE, LYING AND BEING in South Middleton Township, County of Cumberland and Commonwealth of Pennsylvania, as more fully described in Exhibit A, attached hereto and made a part hereof, THE JUDGMENT under or pursuant to which your properties are being sold is docketed to 2003-01656. THE NAME OF THE OWNER or REPUTED OWNER OF THESE PROPERTIES IS: ALAN G, UNGER AJK/A ALAN GRANT UNGER A SCHEDULE OF DISTRIBUTION, being a list of the persons, and or governmental or corporate entities or agencies being entitled to receive a part of the proceeds of the sale received and to be disbursed by the Sheriff (for example to banks that hold mortgages and municipalities that are owed taxes) will be filed by the Sheriff within thirty (30) days after the sale and distribution of the proceeds of sale in accordance with this schedule will, in fact, be made unless someone objects by filing exceptions to it within ten (10) days of the date it is filed, Information about the Schedule of Distribution may be obtained from the Sheriff of the Court of Common Pleas of Cumberland County, Cumberland County Courthouse, One Courthouse Square, Carlisle, PA 17013. THIS PAPER IS A NOTICE OF THE TIME AND PLACE OF THE SALE OF YOUR PROPERTY, It has been issued because there is a judgment against you, It may cause your property to be held, to be sold or taken to pay the judgment. You may have legal rights to prevent your property from being sold or taken to pay the judgment. A lawyer can advise you more specifically of these rights. If you wish to exercise your rights, you must act promptly, YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET FREE LEGAL ADVICE: LAWYER REFERRAL SERVICE OF THE CUMBERLAND COUNTY BAR ASSOCIATION Cumberland County Bar Association 2 Liberty Avenue, Carlisle, PA 17013 Telephone: (717) 249-3166 THE LEGAL RIGHTS YOU MAY HAVE ARE: 1, You may file a Petition with the Court of Common Pleas of Cumberland County to open the judgment if you have a meritorious defense against the person or company that has entered judgment against you, You may also file a petition with the same Court if you are aware of a legal defect in the obligation or the procedure used against you, 2, After the Sheriff's sale you may file a petition with the Court of Common Pleas of Cumberland County to set aside the sale for a grossly inadequate price or for other proper cause, This petition must be filed before the Sheriff's Deed is delivered, 3, A petition or petitions raising the legal issues or rights mentioned in the preceding paragraphs must be presented to the Court of Common Pleas of Cumberland County at one of the Court's regularly scheduled Business Court sessions, The petition must be served on the attorney for the creditor or on the creditor at least two business days before presentation to the Court and a proposed order or rule must be attached to the petition, If a specific return date is desired, such date must be obtained from the Court Administrator, Cumberland County Courthouse, One Courthouse ,s/qua;e, Carlisle, PA 17013, before prirnta~on o;lI1e P~tition to the Court, DATE: tj, I i-,f;.: -( By: Benjam;1;;I~;;.1f.j1"? Attorney for Plaintiff I.D. No, 72030 (717) 815-4518 Exhibit A ALL THAT TRACTS OF LAND SITUATE, LYING AND BEING in South Middleton Township, County of Cumberland and Commonwealth of Pennsylvania, described as follows: Tax 10, #40-13-0126-045 being an unimproved 63,53 acre parcel located on Red Tank Road, Boiling Springs, PA 17007; Tax 10, #40-13-0126-011 being an unimproved 11,6 acre parcel located on Red Tank Road, Boiling Springs, PA 17007; Tax 10, #40-13-0126-01 OA being an unimproved parcel, containing 7 acres more or less located on Red Tank Road, Boiling Springs, PA 17007; and Tax 10. #40-09-0527-039 being known and numbered as 610 Alexander Spring Road, Carlisle, PA 17013, with a commercial building located thereon, parcel containing 1,843 acres exclusive of the dedicated right-of-way of Alexander Spring Road. IN THE COURT OF COMMON PLEAS OF CUMBIERLAND COUNTY, PENNSYLVANIA CIVIL ACTION WAYPOINT BANK, F/KJA YORK FEDERAL SAVINGS AND LOAN ASSOCIATION HARRIS SAVINGS BANK Plaintiff vs, No, 2003-01656 ALAN G, UNGER AlKJA ALAN GRANT UNGER Defendant CONFESSION OF JUDGMENT AMENDED AFFIDAVIT PURSUANT TO RULE 3129,1 Waypoint Bank, f/k/a Harris Savings Bank and York Fedl~ral Savings and Loan Association, Plaintiff in the above action, sets forth as of the date the praecipe for the writ of execution was filed to following information concerning the real properties located at: Red Tank Road (3 Tax 10 #s) Boiling Springs, PA 17007 Tax 10 # 40-13-0126-045 Tax 10 # 40-13-0126-011 Tax 10 # 40-13-0126-010A AND 610 Alexander Spring Road Carlisle, PA 17013 Tax 10 # 40-09-0527-039 ALL THOSE TRACTS OF LAND SITUATE, LYING AND BEING in South Middleton Township, County of Cumberland and Commonwealth of Pennsylvania, as more fully described in Exhibit A, attached hereto and made a part hereof, 1, Name and address of Owner or Reputed Owner, Name Alan G, Unger a/k/a Alan Grant Unger Address 236 Red Tank Road Boiling Springs, PA 17007 2. Name and address of Defendant in the Judgment: Name Alan G, Unger a/k/a Alan Grant Unger Address 236 Red Tank Road Boiling Springs, PA 17007 3, Name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: Address (if address cannot be reasonably ascertained. please do indic:ate) Name Washington Mutual Bank, FA c/o Daniel G, Schmieg, Esquire Federman & Phelan, LLP 1617 John F, Kennedy Boulevard Suite 1400 Philadelphia, PA 19103 Internal Revenue Service U,S, Treasury Department Pittsburgh Office, Room 808 1000 Liberty Avenue Pittsburgh, PA 15222-9974 Mt. Valley Farms & Lumber 1240 Nawakwa Road Biglersville, PA 17307 and Bureau of Compliance c/o Matthew R. Battersby, Esquire P,O, Box 215 Fairfield, PA 17320 Department No, 280946 Harrisburg, PA 17128-0946 4, Name and address of the last recorded holder of every mortgage of Record: Waypoint Bank, f/kla Harris Savings Bank and York Federal Savings and Loan Association Address (if address cannot be reasonably ascertained. please do indicate) P,O, Box 1711 Harrisburg, PA 17105-1711 Name 5. Name and address of every other person who has any record lien on their property: Name Address (if address cannot be reasonably ascertained. please do indicate) N/A 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: Name Address (if address cannot be reasonably ascertained, please do indicate) Cumberland County Tax Claim Bureau South Hanover & High StreElts Carlisle, PA 17013 7, Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property, which may be affected by the sale: Name Address (if address cannot be reasonably ascertained. please do indil;ate) N/A I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief, I understand that false statements herein are made subject to the penalties of 18 PA C,S, Sec, 4904 relating to unsworn falsification to authorities, Date: 'is) t/ 16~ / By ,~~~ Benjamin F, iggs, Jr. Attorney for Plaintiff 235 North Second Street P,O, Box 1711 HarrisburlJ, PA 17105-1711 (717) 815,-4518 I.D, No. n030 s~~ ~-j ,........ ,..., => = -&C- :1> c= GO) I \...0 o -n :i:! -r1 rn-- , -nrTl :jJC::J ("') 1 '.'tC) ;?i:U ,'l..) t"ji'n .--1 "..,.,. ~!~ " ::8.: f" (11 W IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION WAYPOINT BANK, F/K1A HARRIS SAVINGS BANK AND YORK FEDERAL SAVINGS AND LOAN ASSOCIATION Plaintiff No. 2003-01656 vs, CONFESSION OF JUDGMENT ALAN G, UNGER AlKlA ALAN GRANT UNGER Defendant AMENDED AFFIDAVIT OF MAILING Before me, a Notary Public in and for said County and Commonwealth, the undersigned officer, personally appeared Benjamin F. Riggs, Jr., Attorney for Waypoint Bank, f/kla Harris Savings Bank and York Federal Savings and Loan Association, the Plaintiff in thEl above-captioned judgment, who, being duly sworn according to law, deposes that on the 4th day of Auaust, 2004, a Notice of Sheriff's Sale in the above-captioned case was mailed, via first class mail, postage prepaid, to the following: Mt. Valley Farms & Lumber U,S, Treasury Department pittsburgh Office, Room 808 1000 Liberty Avenue pittsburgh, PA 15222-9974 1240 Nawakwa Road Biglersville, PA 17307 Internal Revenue Service and c/o Matthew R. Battersby, Esquire P.O, Box 215 Fairfield, PA 17320 Bureau of Compliance Department No, 280946 Harrisburg, PA 17128-0946; Copy of Proof of Mailing is attached hereto. Sworn and subscribed to 7if~~~'--i~ Notary Public My Commission expires: By ~ Benjamin F, iggs, r Attorney for the Plaintiff I.D. No. 72030 (717) 81Ei-4518 NOTARIAL SEAL TONII~ A. 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CO .., E 5 .... if) n (') C +;:J~Ij rn[-~; """'-" ,,:]5,. :::..:.) ~:~ ,. ~;:"'(J )>/" :::'i -< en W , "" = = JO- ;n- e:: G~) I 1..0 o 'n :r~ rl'...c.j 1-- .T'l'rn ":'{1\"",:J ;~){~, "IJ'Ti ':'~!f3 (~)tn ~,.+~ ,.;.. ~n -< " 4: N IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION WAYPOINT BANK, F/KJA HARRIS SAVINGS BANK AND YORK FEDERAL SAVINGS AND LOAN ASSOCIATION Plaintiff No, 2003-01656 CONFESSION OF JUDGMENT vs, ALAN G, UNGER A/KJA ALAN GRANT UNGER Defendant AMENDED NOTICE PURSUANT TO PA. RC,P, 3129,2 NOTICE IS HEREBY GIVEN to the following parties who hold one or more mortgage, judgment or tax liens against the real estate of Alan G, Unge,r a/k/a Alan Grant Unger: Mt. Valley Farms & Lumber U,S, Treasury Department Pittsburgh Office, Room 808 1000 Liberty Avenue pittsburgh, PA 15222-99i'4 1240 Nawakwa Road Biglersville, PA 17307 and Internal Revenue Service Bureau of Compliance c/o Matthew R Battersby, Esquire P,O, Box215 Fairfield, PA 17320 Department No, 280946 Harrisburg, PA 17128-0946 You are hereby notified that on September 8, 2004 at 10:00 o'clock A.M" prevailing local time, by virtue of a Writ of Execution issued out of the Court of Common Pleas of Cumberland County, Pennsylvania, on the judgment of Waypoint Bank, flk/a Harris Savings Bank and York Federal Savings and Loan Association vs, Alan G, Unger a/k/a Alan Grant Unger, No, 2003-01656 the Sheriff of Cumberland County, Pennsylvania will expose at Public Sale in the Court House, One Courthouse Square, Carlisle, PA 17013, County of Cumberland, Pennsylvania, real estate of Alan G. Unger a/k/a Alan Grant Unger and located at: Red Tank Road, Boiling Springs, PA 17007 (3 Tax 10 #'s: Tax 10 # 40-13-0126-045, Tax 10 # 40-13-0126-011, Tax 10 # 40-13-0126-010A) AND 610 Alexander Spring Road, Carlisle, PA 17013, Tax 10 # 40-09-0527-039 ALL THOSE TRACTS OF LAND SITUATE, LYING AND BEING in South Middleton Township, County of Cumberland and Commonwealth of Pennsylvania, as more fully described in Exhibit A, attached hereto and made a part hereof, You are further notified that a Proposed Schedule of Distribution will be filed by the Sheriff of Cumberland County on October 8, 2004, and distribution will be made in accordance with the Schedule unless exceptions are filed thereto within ten (10) days thereafter. You are further notified that the lien you hold against said real estate will be divested by the sale and that you have an opportunity to protect your interest, if any, by being notified of said Sheriff Sale, Date: ??/~/DL.( I I Bv: 1/..d Benjami F, i9~~ Attorney for Plaintiff 1.0, No. 72030 (717) 815-4518 '. Exhibit A ALL THAT TRACTS OF LAND SITUATE, LYING AND BEING in South Middleton Township, County of Cumberland and Commonwealth of Pennsylvania, described as follows: Tax 10, #40-13-0126-045 being an unimproved 63,53 acre parcel located on Red Tank Road, Boiling Springs, PA 17007; Tax 10, #40-13-0126-011 being an unimproved 11,6 acre parcel located on Red Tank Road, Boiling Springs, PA 17007; Tax 10, #40-13-0126-010A being an unimproved parcel, containing 7 acres more or less located on Red Tank Road, Boiling Springs, PA 17007; and Tax 10, #40-09-0527-039 being known and numbered as 610 Alexander Spring Road, Carlisle, PA 17013, with a commercial building located thereon, parcel containing 1,843 acres exclusive of the dedicated right-of-way of Alexander Spring Road, ~ ,-, (:,:') ~? ".. C'. c--s I v,) " ~ :r!~ rn...:,.j r- -orn ::1)0 <.~)(L ",1 ,) )~~rj :.~)rn ~"-" ,!;'. -,,) ~.< ... i:--? (]1 W DEe 0 72D041 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ACTION- - MORTGAGE FORECLOSURE WAYPOINT BANK, F/K/A YORK FEDERAL SAVINGS AND LOAN ASSOCIATION AND HARRIS SAVINGS BANK Plaintiff No. 21003-01656 vs. ALAN G. UNGER A/K/A ALAN GRANT UNGER Defendant AND NOW, this ORDER '1 day of .fJ;e.~004, upon consideration of Plaintiff's Motion to Continue Sheriff's Sale it is hereby ORDERED that Plaintiff is authorized to continue the December 8, 2004 Sheriffs Sale to January 5,2005. BY JHE COUR p"''''''' ,~' ~ / ,(.,,' I Judge {n o~"'~?- ~ ~ ~~-r ~~~J.-P9 \iJ N1/\lJ,.sr~f ,{jrJ AlNnC:I~. ';'j/.Jfl0 ry 0 :01 ~l~ L - 330 ~oal A:j\<:,,:.(:'f\~,::X-L:.CJ:.Li 3i-lL :10 3'jf :f:tC::-rJ3li:J IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ACTION- - MORTGAGE FORECLOSURE WA YPOINT BANK, F/KlA YORK FEDERAL SAVINGS AND LOAN ASSOCIATION AND HARRIS SAVINGS BANK Plaintiff No. 2003-01656 vs. ALAN G. UNGER A1K1A ALAN GRANT UNGER Defendant MOTION TO CONTINUE SHERIFF'S SALE AND NOW, comes Waypoint Bank, f/k/a Harris Savings Bank, by and through its attorney, Benjamin F. Riggs, Jr., moves this Honorable Court as follows: 1. On or about April 1 0, 2003, Waypoint Bank, flk/a York Federal Savings and Loan Association and Harris Savings Bank (hereinafter "Plaintiff') filed its Confession of Judgment against Alan G. Unger a/k/a Alan Grant Unger (hereinafter "Defendant"). 2. Defendant was served with the Confession of Judgment on April 17,2003. 3. Plaintiff entered a Writ of Execution against the Defendant on April 19, 2004 setting the property for Sheriff's Sale on September 8, 2004. 4. On or about September 7,2004, Plaintiff faxed a letter to the Sheriff's Office requesting that the September 8, 2004 Cumberland Sheriff's Sale be continued to December 8, 2004 because Defendant Alan G. Unger a/k/a Alan Grant Unger filed Chapter 13 Bankruptcy on September 7,2004, under case number 04-05429. 5. The Chapter 13 Bankruptcy is still actiVE! and there is a hearing scheduled for December 16, 2004 at United States Bankruptcy Court, Middle District, Harrisburg, Bankruptcy Courtroom, Third Floor, Federal Building, Third and Walnut Streets, Harrisburg, Pennsylvania 17108 on Plaintiffs Motions to Lift the Automatic Stay of Bankruptcy. 6. On November 9, 2004, Charles J. DeHart, III, Trustee, filed a Motion to Dismiss the bankruptcy filed under case number 04-05429 for Defendant's failure to make payments. A hearing for same is scheduled for December 16, 2004 at the Untied States Bankruptcy Court, Middle District, Harrisburg, Bankruptcy Courtroom, Third Floor, Federal Building, Third and Walnut Streets, Harrisburg, Pennsylvania 17108. WHEREFORE, Plaintiff Waypoint Bank, f/k/a York Federal Savings and Loan Association and Harris Savings Bank is requesting that this Honorable Court allow Plaintiff to continue the December 8, 2004 Sheriff's Sale to January 5, 2005; and such other and further relief as this Court deems appropriate. Respectfully submitted, Benjbfl&t Attorney for Plaintiff P.O. Box 1711 Harrisburg, PA 17101-1711 (717) 815-4518 1.0. No. 72030 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ACTION- - MORTGAGE FORECLOSURE WAYPOINT BANK, F/KlA YORK FEDERAL SAVINGS AND LOAN ASSOCIATION AND HARRIS SAVINGS BANK Plaintiff No. 2003-01656 vs. ALAN G. UNGER A/K1A ALAN GRANT UNGER Defendant CERTIFICATE OF SERVICE I HEREBY CERTIFY that on D.ec.e~,--(b-ff G, , 2004, a copy of the Motion to Continue Sheriff's Sale in the above-captioned matter was mailed to the Defendant, by regular mail, postage prepaid. A true and correct copy of the Motion to Continue Sheriff's Sale is attached hereto and incorporated by reference. Dated: 1r1.. J (p /0'1 { I ?4ir4 BY:~' Benjamin '1. Rigg ,J . Attorney for Plaintiff P.O. Box 1711 Harrisburg, PA 17105-1711 Phone: (7'17) 815-4518 1.0. No. 72030 (") ......., 0 = ~~ C~) -1'1 ..;;;.- t::J -~ .,} !) T ~-!~1 !' .." rl1i" {-;, , ;'~::: ~S~ _1 ::;i:~i; ~, , -,..- ::..;~~ c:: - C'- to ',J -.1 ";.:.-:- '.... :J .t:"' 'h.'"""l ,,,'-.,1 '" 0 ...... . Waypoint Bank f/k/a York Federal Savings and Loan Association and Harris Savings Bank VS Alan G, Unger a/kIa Alan Grant Unger In The Court of Common Pleas of Cumberland County, Pennsylvania Writ No, 2003-1656 Civil Term Michael Barrick, Deputy Sheriff, who being duly sworn according to law, state that on July 20, 2004 at 8:50 o'clock PM, he served a true copy of the within Real Esta e Writ, Notice of Sheriffs Sale and Description, in the above entitled action, upon the within named defendant, to wit: Alan G, Unger alk/a Alan Grant Unger, by making known unto Alan Unger, personally, at 236 Red Tank Road, Boiling Springs, Cumberland County, Pennsylvania, its contents and at the same time handing to him personally the said true and correct copy of the same, Ron Hoover, Deputy Sheriff, who being duly sworn according to law, states that on July 26, 2004 at 5:48 o'clock P,M" he posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Alan G, Unger located at 610 Alexander Spring Road, Carlisle, Pennsylvania, according to law. Ron Hoover, Deputy Sheriff, who being duly sworn according to law, states that on July 26,2004 at 5:20 o'clock P,M" he posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Alan G, Unger located on Red Tank Road, Boiling Springs, Pennsylvania, being known as Parcel ID Numbers 40-13-0126-045, 40-13-0126-011 and 40-l3-0126-0l0A, according to law, R, Thomas Kline, Sheriff, who being duly sworn according to law, states he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a notice of the pendency of the action to the within named defendant, to wit: Alan G, Unger, by regular mail to his last known address of236 Red Tank Road, Boiling Springs, PA 17007. This letter was mailed under the date of July 26, 2004 and never returned to the Sheriffs Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned STAYED per instructions from Attorney Benjamin Riggs, Sheriff s Costs: Docketing 30.00 Poundage 14,83 Posting Handbills 60,00 Advertising 60,00 Law Library ,50 Prothonotary 1.00 Mileage 14,78 Postpone Sale Levy Surcharge Law Journal Patriot News Share of Bills 40,00 60,00 50.00 191.00 203.68 30.49 $756,28 sw.om an: subscribed to before me ~ers: ~4 ThiS I.;L~ dayO~'" ~ ~..,r~ ~ ,I R, Thomas Kline, Sheriff 2005,A,D, "8P.O,~ .r7 . P~othonotary ,14 BYJ()d~bS~l..tL. Real Estate eputy ).$0 t1?... 'I ~?c,'1 ~, 16IJ'l ~ ;," IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION WAYPOINT BANK, F/KJA YORK FEDERAL SAVINGS AND LOAN ASSOCIATION HARRIS SAVINGS BANK Plaintiff VS, No, 2003-01656 ALAN G, UNGER NKJA ALAN GRANT UNGER Defendant CONFESSION OF JUDGMENT AFFIDAVIT PURSUANT TO RULE 3129,1 Waypoint Bank, flk/a Harris Savings Bank and York Federal Savings and Loan As ciation, Plaintiff in the above action, sets forth as of the date the praecipe for the writ of execution w filed to following information concerning the real properties located at: Red Tank Road (3 Tax 10 #s) Boiling Springs, PA 17007 Tax 10 # 40-13-0126-045 Tax 10 # 40-13-0126-011 Tax 10 # 40-13-0126-010A AND 610 Alexander Spring Road Carlisle, PA 17013 Tax 10 # 40-09-0527-039 ALL THOSE TRACTS OF LAND SITUATE, LYING AND BEING in South Middleton To nship, County of Cumberland and Commonwealth of Pennsylvania, as more fully described in Ex ibit A, attached hereto and made a part hereof. 1. Name and address of Owner or Reputed Owner, Name Alan G, Unger a/k/a Alan Grant Unger Address 236 Red Tank Road Boiling Springs, PA 17007 2. Name and address of Defendant in the Judgment: Name Alan G. Unger a/k/a Alan Grant Unger Address 236 Red Tank Road Boiling Springs, PA 17007 3. Name and address of every judgment creditor whose judgment is a cord lien on the real property to be sold: Name Address (if address cannot be reasonably ascertained, please do indicate) Washington Mutual Bank, FA c/o Daniel G, Schmieg, Esquire Federman & Phelan, LLP 1617 John F, Kennedy Boulevard Suite 1400 Philadelphia, PA 19103 4, Name and address of the last recorded holder of every mortgage of Re ord: Name Address (if address cannot be reasonably ascertained, please do indicate) P,O, Box 1711 Harrisburg, PA 17105-1711 Waypoint Bank, flk/a Harris Savings Bank and York Federal Savings and Loan Association 5, Name and address of every other person who has any record lien property: their Name Address (if address cannot be reasonably ascertained, please do indicate) N/A 6, Name and address of every other person who has any record interest n the property and whose interest may be affected by the sale: Name Address (if address cannot be reasonably ascertained, please do indicate) South Hanover & High Streets Carlisle, PA 17013 Cumberland County Tax Claim Bureau 7, Name and address of every other person of whom the plaintiff has knowl dge who has any interest in the property, which may be affected by the sale: Name Address (if address cannot be reasonably ascertained, please do indicate) N/A . I verify that the statements made in this affidavit are true and correct to the st of my personal knowledge or information and belief, I understand that false statements erein are made subject to the penalties of 18 PA C,S. Sec. 4904 relating to unsworn falsi ication to authorities. Date:-T0'11 15, ,).00'-( By: 1 Benjamin F, R' gs, Jr. Attorney for Plaintiff 235 North Second Street P,O, Box 1711 Harrisburg, PA 17105-1711 (717) 815-4518 I.D, No, 72030 i IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSY ANIA CIVIL ACTION WAYPOINT BANK, F/K/A HARRIS SAVINGS BANK AND YORK FEDERAL SAVINGS AND LOAN ASSOCIATION Plaintiff No. 2003-01656 vs, CONFESSION OF JUDGMENT ALAN G, UNGER AlK/A ALAN GRANT UNGER Defendant NOTICE OF SHERIFF'S SALE OF REAL PROPERTY PURSUANT TO PENNSYLVANIA RULES OF CIVIL PROCEDURE 3129.2 TO: Alan G, Unger a/kla Alan Grant Unger 236 Red Tank Road Boiling Springs, PA 17007 TAKE NOTICE: That the Sheriff's Sale of Property (real estate) will be held on September 8,2004, in th SHERIFF'S OFFICE, Cumberland County Courthouse, One Courthouse Square Carlisle, PA 17013 at 10:00 A.M. prevailing time. THE PROPERTY TO BE SOLD is delineated in detail in a legal description mainly cons ting of a statement of the measured boundaries of the property, together with a brief mention of the building and any other improvements erected on the land. (SEE DESCRIPTION ATTACHED) THE LOCATIONS of your properties to be sold are: Red Tank Road (3 Tax 10 #s) Boiling Springs, PA 17007 Tax 10 # 40-13-0126-045 Tax 10 # 40-13-0126-011 Tax 10 # 40-13-0126-010A AND 610 Alexander Spring Road Carlisle, PA 17013 Tax 10 # 40-09-0527-039 ALL THOSE TRACTS OF LAND SITUATE, LYING AND BEING in South Middleton Township, County of Cumberland and Commonwealth of Pennsylvania, as more fully described in Exhibit A, attached hereto and made a part hereof. THE JUDGMENT under or pursuant to which your properties are being sold is docketed to 2003-01656. r THE NAME OF THE OWNER or REPUTED OWNER OF THESE PROPERTIES IS ALAN G, UNGER AlKJA ALAN GRANT UNGER A SCHEDULE OF DISTRIBUTION, being a list of the persons, and or governmental or corporate entities or agencies being entitled to receive a part of the proceeds of the sale re eived and to be disbursed by the Sheriff (for example to banks that hold mortgages and municipal ties that are owed taxes) will be filed by the Sheriff within thirty (30) days after the sale and distributi n of the proceeds of sale in accordance with this schedule will, in fact, be made unless someone obj cts by filing exceptions to it within ten (10) days of the date it is filed, Information about the Schedu of Distribution may be obtained from the Sheriff of the Court of Common Pleas of Cumberland unty, Cumberland County Courthouse, One Courthouse Square, Carlisle, PA 17013, THIS PAPER IS A NOTICE OF THE TIME AND PLACE OF THE SALE OF YOUR PROPERTY. It has been issued because there is a judgment against you. It may cause your property to b to be sold or taken to pay the judgment. You may have legal rights to prevent your property f being sold or taken to pay the judgment. A lawyer can advise you more specifically of these ri you wish to exercise your rights, you must act promptly. held, m hts. If YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET F LEGAL ADVICE: E LAWYER REFERRAL SERVICE OF THE CUMBERLAND COUNTY BAR ASSOCIATION Cumberland County Bar Association 2 Liberty Avenue, Carlisle, PA 17013 Telephone: (717) 249-3166 THE LEGAL RIGHTS YOU MAY HAVE ARE: 1. You may file a Petition with the Court of Common Pleas of Cumberland County to op n the judgment if you have a meritorious defense against the person or company that has entere judgment against you. You may also file a petition with the same Court if you are aware of a leg defect in the obligation or the procedure used against you. 2, After the Sheriffs sale you may file a petition with the Court of Common Pleas of Cumberland County to set aside the sale for a grossly inadequate price or for other proper caus This petition must be filed before the Sheriffs Deed is delivered, 3, A petition or petitions raising the legal issues or rights mentioned in the preceding paragraphs must be presented to the Court of Common Pleas of Cumberland County at one of t Court's regularly scheduled Business Court sessions, The petition must be served on the attorn for the creditor or on the creditor at least two business days before presentation to the Court and proposed order or rule must be attached to the petition. If a specific return date is desired, such date must be obtained from the Court Administrator, Cumberland County Courthouse, One Courthouse squat, Carlisle, PA 17013, before pri.}ntatio,n o}, e petition to the Court, DATE: t/ !I i-/i: -r By:. ,l, V. /~ /I Benjamin F. IggS, Jr.' Attorney for Plaintiff 1.0. No, 72030 (717) 815-4518 .' Exhibit A ALL THAT TRACTS OF LAND SITUATE, LYING AND BEING in South Middleto Township, County of Cumberland and Commonwealth of Pennsylvania, describe follows: Tax 10, #40-13-0126-045 being an unimproved 63.53 acre parcel located Red Tank Road, Boiling Springs, PA 17007; Tax 10. #40-13-0126-011 being an unimproved 11,6 acre parcel located on Red Tank Road, Boiling Springs, PA 170 7; Tax 10. #40-13-0126-010A being an unimproved parcel, containing 7 acres more r less located on Red Tank Road, Boiling Springs, PA 17007; and Tax 10. #40-09-0527 39 being known and numbered as 610 Alexander Spring Road, Carlisle, PA 17013, ith a commercial building located thereon, parcel containing 1.843 acres exclusive of th dedicated right-of-way of Alexander Spring Road, WRIT OF EXECUTION and/or ATTACHMENT . COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 03-1656 Civil CIVIL ACTION - LA TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due W AYPOINT BANK, f/k/a YORK FEDERAL SA VI AND LOAN ASSOCIATION and HARRIS SAVINGS BANK Plaintiff (s) From ALAN G. UNGER a/k/a ALAN GRANT UNDER, 236 RED TANK ROAD, BOILING SPRINGS PA 17007, (1) You are directed to levy upon the property of the defendant (s)and to sell REAL ESTATE LOCATED AT RED TANK ROAD (3 T A.X ID #S) BOILING SPRINGS P A 17007 and 610 ALEXANDER SPRING ROAD, CARLISLE PA 17013 (TAX ID # 40-090527-039) ALL THOSE TRACTS OF LAND SITUATE, LYING AND BEING IN SOUTH MIDDLETON TWP., CUMBERLAND CO P A - SEE LEGAL DESCRIPTIONS, (2) You are also directed to attach the properly of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined fro paying any debt to or for the account ofthe defendant (s) and from delivering any properly of the defenda t (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify himlher that he/she has been added as a garnishee and is enjoined as above stated, Amount Due $149,117.52 L.L.$.50 Interest 4/8/03 TO 9/8/04 @ $34,63 per diem = $11,708.47 Arty's Comm % Due Prothy $1.00 Other Costs LATE CHARGE FROM 9/9/04 @ Arty Paid $70.83 $65,85 PER MONTH Plaintiff Paid Date: APRIL 19,2004 CURTIS R. LONG Proth -, (Seal) By: Deputy REQUESTING PARTY: Name BENJAMIN F, RIGGS, JR., ESQUIRE Address: POBOX 1711 HARRISBURG PA 17105-t711 Attorney for: PLAINTIFF Telephone: (717) 815-4518 Supreme Court ID No, 72030 ... '=r ...>- ,= -... c::'" :x:: "':::> :r(" a- <11,- <Xl ;:;-. ..... .- -:r ... ~ w;":: en 2:x. ...=> ... ....0 ..... 0 ""'" Real Estate Sale #27 On June 1 0, 2004 the sherifflevied upon the defendant's interest in the real property situated in South Middleton Township, Cumberland County, PA Known and numbered as Red Tank Road (Tax ID # 40-13-0126-045, Tax ID # 40-13-0126-011 and Tax ID # 40-13-0126-01OA) and 610 Alexander Spring Road, Boiling Springs and Carlisle, respectively, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein, ;z :..:....-::( , >- ; _.-J ,~ate: June 10,2004 ..~:: By: )!r"LXiAU.t[. Real E;;;4Deputy )2 W 0.. ~ ~ (~" ,^ ~.. / -.('> (.tv PUBLICATION COpy S ALE#27 REAL ESTATE SALE No.27 ' Writ No. 2003-1656 . CIvil Term : W.ypolnt Bank flkla York Feder<<! Savings and Losn Association Ind Harris 811)/1".91 Bank Vs " Alln G. Unger eJkJa Alan Grant Unger Ally: Benjamin Riggs DesCRIPTION ALL '1'HAr TRAcf of land situate, lying . and being in South Middletnn ,!,~blp, Cnnnty ! of Cumberland and Commnnwea1th of PeJ)nsy1vania, desetibed as foJ-Iows, Thx ID #40- 13-0126-045 being an. )1Ilimproved 63.53 acre pan:el locared on Red Thnk Road, Boiling Springs, fA 17007; Thx ID JI4O..13-012~11 ! being an un-improved 11.6 80re pitt<:ellocated on . Red Talik Road, BoiIing.springs,PA 17007; Tax , ID JI4O..13-0126-010Abeing: an nnin\proved ' parcel, containing 7 acres more or less located on I Red Thnk Road, Boiling Springs, PA 17007; and I Tax ID 1/40-09-0527-039 being known and , nnmberOd as 610 Alexander Spring Road, . 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