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Home My WebLink About03-1661IN 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 vs. ALAN G. LINGER Defendant No. p ~ -~ ~ ~ ~e 1 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%) $28,464.92 $ 626.08 $ 45.54 $ 2,846.49 Total Judgment entered as above. DATED: Q $31,983.03 By: ~• Benjami .Riggs, Attorney for Defendant 235 North Second Street P.O. Box 1711 Harrisburg, PA 17105 Phone: (717) 815-4518 I.D. No. 72030 1 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 vs. ALAN G. LINGER Defendant No. ~ 3 - 1 b ~ l 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, PA 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 $28,464.92 Interest through 04/07/03 $ 626.08 Late Charges $ 45.54 Reasonable Attorneys Fees (10%) $ 2,846.49 Total Amount $31,983.03 WHEREFORE, Plaintiff Waypoint Bank demands judgment against the Defendant in the total sum as authorized by the Warrant appearing in the attached instrument. DATED: y ~a~. By: ~ O~ Benjamin F. Rig Attorney for Defendant 235 North Second Street P.O. Box 1711 Harrisburg, PA 17105 Phone: (717) 815-4518 I.D. No. 72030 3 HHARRIS~ I SAVINGS BANK PROMISSORY NOTE Borrower: Alan G. Unger 236 Red Tank Road Boiling Springs, PA 17007 Principal Amount: $35,000.00 Lender: Harris Savings Bank 234 N. Second Street P O BOx 1711 Harrisburg, PA 17105 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 Thirty Five Thousand & 00/100 Dollars (535,000.00), 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 monthty Installments of 5455.42 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 teen, the interest rate shall bE re-negotiated 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 monthty installment shall be changed to an amount sufficient to amortize the unpaid principal balance over the remaining period of 60 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 90-day unsecured loans to the most creditworthy corporate customers. This rate may or 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 option, may do one or more of the following: (a) increase Borrower's payments to ensure Borrower's loan will pay off by its original final maturity date, (b) increase Borrower's payments to cover accruing interest, (c) increase the number of Borrower's payments, and (d) continue Borrower's payments at the same amount and increase Borrower's final payment. PREPAYMENT. 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 510.00, whichever is greater. DEFAULT. 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 other term, obligation, covenant, or condition contained in this Note or any agreement related to 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 Note 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 Taws. (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 to cure the default and thereafter continues and completes all reasonable and necessary steps sufficient to produce compliance as soon as reasonably practical. LENDER'S RIGHTS. Upon default, Lender may, after giving such notices as required by applicable law, declare the entire unpaid principal balance 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 collect 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 attorneys' fees and Lender's legal expenses whether or not there is a lawsuit, including attorneys' fees and legal expenses for bankruptcy proceedings (including efforts to modify or vacate any automatic stay or injunction), appeals, and any anticipated post judgment collection services. If not prohibited by applicable law, Borrower also will pay any court costs, in addition to all other sums provided by law. 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Unger 236 Red Tank Road Boiling Springs, PA 17007 Lender: HaMS Savings Bank 234 N. Second Street P O Box 1711 Harrisburg, PA 17105 DISCLOSURE FOR CONFESSION OF JUDGMENT I AM EXECUTING, THIS ~ DAY OF ~/~/ , 20 QD , A PROMISSORY NOTE FOR 535,000.00 OBLIGATING ME TO REPAY THAT AMOUNT. A. I UNDERSTAND THAT THE NOTE CONTAINS A CONFESSION OF JUDGMENT PROVISION THAT WOULD PERMIT LENDER TO ENTER JUDGMENT AGAINST ME IN COURT, AFTER A DEFAULT ON THE NOTE, WITHOUT ADVANCE NOTICE TO ME AND WITHOUT OFFERING ME AN OPPORTUNITY TO DEFEND AGAINST THE ENTRY OF JUDGMENT. IN EXECUTING THE NOTE, BEING FULLY AWARE OF MY RIGHTS TO ADVANCE NOTICE AND TO A HEARING TO CONTEST THE VALIDITY OF ANY JUDGMENT OR OTHER CLAIMS THAT LENDER MAY ASSERT AGAINST ME UNDER THE NOTE, 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 JUDGMENT AGAINST ME BY CONFESSION AS PROVIDED FOR IN THE CONFESSION OF JUDGMENT PROVISION. INITIALS: B. I FURTHER UNDERSTAND THAT IN ADDITION TO GIVING LENDER THE RIGHT TO ENTER JUDGMENT AGAINST ME WITHOUT ADVANCE NOTICE OR A HEARING, THE CONFESSION OF JUDGMENT PROVISION IN THE NOTE ALSO CONTAINS LANGUAGE THAT WOULD PERMIT LENDER, AFTER ENTRY OF JUDGMENT, 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. HOWEVER, 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 JUDGMENT, 1 AM KNOWINGLY, INTELLIGENTLY AND VOLUNTARILY WAIVING THESE RIGHTS, AND I 'EXPRESSLY AGREE AND CONSENT TO LE 'S EXECUTING ON THE JUDGMENT, IN ANY MANNER PERMITTED BY APPLICABLE STATE AND FEDERAL LAW. INITIALS::`'• .::.;.~,_ 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: INITI S 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 1 RECEIVED A COPY AT THE TIME OF SIGNING. THIS DIS UR HAS BEEN SIGNED AND SEALED BY THE UNDERSIGNED. AFF NT: >: SEAL Alan G. Unger LASER PRO, Reg. U.S. Pat. 8 T.M. Off., Ver. 3.27 (c) 2000 CFI ProSarvices, Inc. All rights reserved. (PA-D30 E3.2B F3.2E P3.20c UNOER2.LN C2.OVLI BUSINESS ENTERPRISE AFFIdAVIT Borrower: Alan G. Unger 236 Red Tank Road Boiling Springs, PA 17007 COUNTY OF C~~ti~u~fr~- ) SS COMMONWEALTH OF PENNSYLVANIA ) Lender: Harris Savings Bank 234 N. Second Street P O BOX 1711 Harrisburg, PA 17105 AFFIDAVIT I, Alan G. Unger, have entered into a credit agreement with Harris Savings Bank dated April 14, 2000. I hereby certify that the ,proceeds of this extension of credit are to be utilized in the conduct of a business enterprise engaged in the business of Electrical Contractor (the "business enterprise"). The undersigned exercises actual control over the managerial decisions of the business enterprise. a Subscribed and sworn to by me, under penalty of penury, this /~ day of /1~1~..,t , 20 +° THIS AFFIDAVIT HAS BEEN SIGNED AND SEALED BY THE UNDERSIGNED. AFFIANT: X :?E >.. ~:`;> Alan G. Unger F Sworn to and subscribed before me this ~ ~ day of !~%~ , 20 °'*~ ~`'"~ . ~ Notarial Seal J Roger B. Irwin, Notary Public N tary Public Carlisle Boro, Cumberland County My Commission Expires Oct. 3, 2000 Member, Pennsylvania Association of Notaries LASER PRO, Reg. U. S. Pat. 8 T.M. Ofi., Ver. 3.27 (c) 2000 CFI ProServices, Inc. All rights reserved. [PA-D35 E3.2B F3.28 P3.28c UNOER2.LN C2.OVL[ 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 WAYPOINT 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. WAYPOINT BANK DATED: ~ ~ ~ ~ ~ 3 By' Nathan E. Lightner Vice President 13 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 vs. ALAN G. LINGER Defendant Commonwealth of Pennsylvania County of York No. Confession of Judgment 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 ubscribed efore me this day of r~ , 2003 ~~~ ~ r Notary Public My Commission expires: Notarial Seal Sandra M. Aulbach, Notary Public City of York, York County My Commission Expires May 23, 2005 Member, Pennsylvania Association of Notaries Benjamin F. 'ggs, Jr., Attorney for Plaintiff I.D. No. 72030 4 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 vs. ALAN G. LINGER Defendant No. Confession of Judgment OFFICE 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: ~I'q ~0 3 By: Benjami F. Rig r. Attorney for Defendant 235 North Second Street P.O. Box 1711 Harrisburg, PA 17105 Phone: (717) 815-4518 I.D. No. 72030 5 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION WAYPOINT BANK F/K/A YORK FEDERAL SAVINGS AND LOAN ASSOCIATION AND No. HARRIS SAVINGS BANK Plaintiff . vs. ALAN G. LINGER 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 $31,983.03 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 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 vs. ALAN G. LINGER Defendant No. Confession of Judgment CERTIFICATE OF SERVICE AND NOW, to wit, this ~ day of r' ~ , 2003, I, Benjamin F. Riggs, Jr., Esquire, attorney for Plaintiff Waypoint Bank of 235 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 r fisted, as well as ~tc~lass mail, postage prepaid, on the Defendant, on the day of~l~~vr' ~ , 2003 as follows: Alan G. Unger 236 Red Tank Road Boiling Springs, Pa 17007 DATED: ~ By Benjami F. Riggs, r. Attorney for Defendant 235 North Second Street P.O. Box 1711 Harrisburg, PA 17105 Phone: (717) 815-4518 I.D. No. 72030 io ' IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION WAYPOINT BANK F/K/A YORK FEDERAL SAVINGS AND LOAN ASSOCIATION AND No. HARRIS SAVINGS BANK Plaintiff vs. . ALAN G. LINGER . 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 $ 31,983.03 on the day of , 2003. ( ) A copy of all documents filed with the Prothonotary in support of the within judgment is/aze enclosed. Prothonotary Civil Div. By: If you have any questions concerning the above case, please contact the following party: Benjamin F. Riggs, Jr. (I.D. No. 72030) Attorney for the Defendant 235 North Second Street P. O. Box 1711 Harrisburg, Pennsylvania 17105-1711 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 ~-~ , r - ; i ~ ~j' ~ . , - •) SHERIFF'S RETURN - REGULAR CASE NO: 2003-01661 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND WAYPOINT BANK ET AL VS TTNGER 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 LINGER ALAN G was served upon the 2003 DEFENDANT at 0845:00 HOURS, on the 17th day of April , at 236 RED TANK RD RnTT~ING SPRINGS, PA 17007 ALAN LINGER by handing to 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 18.00 Service 4.83 Affidavit .00 Surcharge 10.00 .00 32.83 So Answers: R. Thomas Kline 04/21/2003 WAYPOINT BANK Sworn and Subscribed to before ~ da of me thi s (, -' Y ta...~ ~ oQ3 A . D . -~ .... ~ rothonotary' By : _. ~~ De uty Sheriff 8'ity` .~Y% w .. ~... t_~ ~~ L Tr` J~/' ~y"' y.. r ~..~~4 x. ,.. DD W D o_~~, _ ~ cQ ~ ~ Q' C -~ ~ . v~ 3 ~p v Z ^00^ •zzaz aoc3-n aomc,o~ ' m==-ae~ c=m- o~cZ~-. ~^'~ZC ~Ny,~GRI ~\ oas~a'i M- OTZ m~ ~ N m ~ o ~ S v,c~a w no N ~ O (D ~ ~ = O Dc~ O W ~ ~ .+~ ~ ~ ~. ~~ r~ ` W ^~ O _ \ PR~~^ 1-, 1 Jf ~ .~ \~ 1 +' ¢ ~ ~ ~ \S` ~" i ~. o. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION WAYPOINT BANK F/WA YORK FEDERAL SAVINGS AND LOAN ASSOCIATION AND HARRIS SAVINGS BANK Plaintiff vs. ALAN G. UNGER A/K/A ALAN GRANT UNGER Defendant No 2003-01661 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 a/k/a ALAN GRANT UNGER, Defendant. (3) and index this writ (a) against ALAN G. UNGER a/k/a 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 .........................$31,983.03 Interest from 04/08/03 through 09/08/04... $ 2,395.76 TOTAL AMOUNT $34,378.79 with interest from 09/09/04 at such rate or rates as established by Plaintiff pursuant to the terms of the Note, currently $7.15 per diem, late charges from 09/09/04 at 5% of the monthly payment amount, currently $22.77 per month from 09/09/04, attorney's fees, costs of suit, and other charges. Dated: 7~f/~~ , 2004 Benjamin .Riggs, r., Esquire I.D. No. 72030 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION WAYPOINT BANK, F/WA YORK FEDERAL SAVINGS AND LOAN ASSOCIATION : No. 2003-01661 AND HARRIS SAVINGS BANK Plaintiff 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 .........................$31,983.03 Interest from 04/08/03 through 09/08/04... $ 2,395.76 TOTAL AMOUNT $34,378.79 DATE: ~ Ij~L, ~ Signature: Bent F. Rig r. Attorney for Plaintiff P.O. Box 1711 Harrisburg, PA 17105-1711 (717) 815-4518 I.D. 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.SEO. AS SUCH PENNSYLVANIA RULE 2981 ET.SEO. IS NOT APPLICABLE TO THIS ACTION. 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 ID. #40-13-0126-045 being an unimproved 63.53 acre parcel located on Red Tank Road, Boiling Springs, PA 17007; Tax ID. #40-13-0126-011 being an unimproved 11.6 acre parcel located on Red Tank Road, Boiling Springs, PA 17007; Tax ID. #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 ID. #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. h~ i~ ~' ~~ ~~ ` ~ ` t ,~ ~ ~- -- d, -~ ~,~ ~, w~ -F ~~~~1~ ~~ r ~ ~~ ~ WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 03-1661 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 duected 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 PA 17007 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 TWP., CUMBERLAND CO PA -SEE LEGAL (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 gamishee(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 him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $31,983.03 L.L.$.50 Interest 4/8/03 TO 9/8/04 @ $7.15 per diem = $2,395.76 Atty's Comm % Due Prothy $1.00 Atty Paid $69.83 $22.77 PER MONTH Plaintiff Paid Date: APRIL 19, 2004 (Seal) Other Costs LATE CHARGE FROM 9/9/04 @ REQUESTING PARTY: Name BENJAMIN F. RIGGS, JR., ESQUIRE Address: P O BOX 1711 PA 17105-1711 Attorney for: PLAINTIFF Telephone: (717) 815-4518 CURTIS R. LONG Prothon tary Deputy U ^ Supreme Court ID No. 72030 V y 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. ALAN G. LINGER A/K/A ALAN GRANT LINGER Defendant No. 2003-01661 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 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. 1. Name and address of Owner or Reputed Owner. Name Address Alan G. Unger a/k/a 236 Red Tank Road Alan Grant Unger Boiling Springs, PA 17007 2. Name and address of Defendant in the Judgment: Name Address Alan G. Unger a/kla 236 Red Tank Road Alan Grant Unger 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, F.A. c/o Daniel G. Schmieg, Esquire Federman & Phelan, LLP 1617 John F. Kennedy Boulevard Suite 1A00 Philadelphia, PA 19103 4. Name and address of the last recorded holder of every mortgage of Record: Name Waypoint Bank, f!k/a Hams 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 5. Name and address of every other person who has any record lien on their property: Name N!A Address (if address cannot be reasonably ascertained, please do indicate) 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 Cumberland County Tax Claim Bureau Address (if address cannot be reasonably ascertained, please do indicate) South Hanover & High Streets 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 indicate) N/A 1 verify that the statements mad personal knowledge or informatio made subject to the penalties of authorities. Date: ~P!'i~~ t5 any e in this affidavit are true and correct to the best of my n and belief. I understand that false statements herein are 18 PA C.S. Sec. 4904 relating to unswom falsification to By: Benjamin F. iggs, Attorney for Plaintiff 235 North Second Street P.O. Box 1711 Harrisburg, PA 17105-1711 (717)815-4518 I.D. No. 72030 a IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION WAYPOINT BANK, F/WA HARRIS SAVINGS BANK AND YORK FEDERAL SAVINGS AND LOAN ASSOCIATION Plaintiff vs. ALAN G. UNGER A/K/A ALAN GRANT UNGER Defendant No. 2003-01661 CONFESSION OF JUDGMENT 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 IS'O' day of A~or'i `I , 2004, a Notice of Sheriffs 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, F.A. do 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 ! 5 day oC~~~S~;~2004 Notary u~blic~ My Commission expires: Notarial Seal I Dawn M. Gutierrez, Notary Public Cily of York, York ComtY My Commrssion Expires Apr. 15, 2006 ' Member, ~gnnsyNaNaASSOdmai olNOtaries By: Benjamin F. iggs~n•~ U Attorney for the Plaintiff I.D. No. 72030 (717)815-4518 ~o ~ a m N o 3 v` Q~ mQ w ~ '~ m V ~ ~ mo _a T N \ f m Q ~\ x N `G < r~ D V m o m °_' ~~ ~ z a ~ ~^ 3 m ~ u ~ . o ~ ry , ~ ~ ~u H 3 N ~~. m O ~ 'z » VV o 3 ~J n m g m m ~ _. 3 ~ a 3 m a y F m Q 1 9 A F m m8 ~ ~8 ~ <_ m O' ^a N pC~ 2 q ~` CI ~~~=^+J ~'9.ry a . n3~ m ~'nmogo2~~ 9 ~ u3 HAcy ~. ~ °;~d'oa ~ ~ ~ a o ndm~~. 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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION WAYPOINT BANK, F/K/A HARRIS SAVINGS BANK AND YORK FEDERAL SAVINGS No. 2003-01661 AND LOAN ASSOCIATION Plaintiff vs. CONFESSION OF JUDGMENT ALAN G. UNGER A/K/A 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/Wa Alan Grant Unger: Cumberland County Tax Claim Bureau South Hanover & High Streets Carlisle, PA 17013 Washington Mutual Bank, F.A. 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/k/a Harris Savings Bank and York Federal Savings and Loan Association vs. Alan G. Unger a/k/a Alan Grant Unger, No. 2003-01661 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 ID #'s: 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. 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: ~r i l 15, o~.QDy By: Benjamin F. iggs, r., squire 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 ID. #40-13-0126-045 being an unimproved 63.53 acre parcel located on Red Tank Road, Boiling Springs, PA 17007; Tax ID. #40-13-0126-011 being an unimproved 11.6 acre parcel located on Red Tank Road, Boiling Springs, PA 17007; Tax ID. #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 ID. #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/WA HARRIS SAVINGS BANK AND YORK FEDERAL SAVINGS No. 2003-01661 AND LOAN ASSOCIATION Plaintiff vs. CONFESSION OF JUDGMENT ALAN G. UNGER A/K/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 Sheriffs 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 lank 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 2003-01661. THE NAME OF THE OWNER or REPUTED OWNER OF THESE PROPERTIES IS: ALAN G. UNGER A/K/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 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 cause. 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 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 Square, Carlisle, PA 17013, before prese lotion oft petition to the Court. DATE: ~Jj J ~'~ gy; ~~.~ ~~~ Benjamin F. Riggs, Jr. Attorney for Plaintiff I.D. No. 72030 (717)815-4517 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 ID. #40-13-0126-045 being an unimproved 63.53 acre parcel located on Red Tank Road, Boiling Springs, PA 17007; Tax ID. #40-13-0126-011 being an unimproved 11.6 acre parcel located on Red Tank Road, Boiling Springs, PA 17007; Tax ID. #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 ID. #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 CUMEtERLAND COUNTY, PENNSYLVANIA CIVIL ACTION WAYPOINT BANK, F/WA YORK FEDERAL SAVINGS AND LOAN ASSOCIATION HARRIS SAVINGS BANK Plaintiff vs. No. 2003-01 Fi61 ALAN G. UNGER A/K/A ALAN GRANT UNGER CONFESSION OF JUDGMENT Defendant AMENDED 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 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, zis more fully described in Exhibit A, attached hereto and made a part hereof. 1. Name and address of Owner or Reputed Owner. Name Address Alan G. Unger a/k/a 236 Red Tank Road Alan Grant Unger Boiling Springs, PA 17007 Name and address of Defendant in the Judgment: Name Address Alan G. Unger a/k/a 236 Red Tank Road Alan Grant Unger 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, F.A. c/o Daniel G. Schmieg, Esquire Federman & Phelan, LLP 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103 Internal Revenue Service Mt. Valley Farms & Lumber Bureau of Compliance U.S. Treasury Department Pittsburgh Office, Room 808 1000 Liberty Avenue Pittsburgh, PA 15222-9974 1240 Nawakwa Road Biglersville, PA 17307 and 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 Hof every mortgage of Record: Name Waypoint Bank, f/k/a Harris Savings Bank and York Federal Savings and Loan Association Address (if address cannon be reasonably ascertained, please do indicate P.O. Box 1711 Harrisburg, PA 17105-1711 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 whio 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 South Hanover & High Streets Claim Bureau Carlisle, PA 17013 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 indicate 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 rellating to unsworn falsification to authorities. Date: ~' `~ ON By: Benjamin IF. Ri gs, Jr. Attorney for Plaintiff 235 North Second Street P.O. Box '1711 Harrisburg, PA 17105-1711 (717) 815-4518 I.D. No. 72030 ('~ r.,e t.: " C~ r 'i7 4,.~ ('!~ ~ ~ Tr~T} ~:::v - t.fJ (. 7 - . ~ ~ ' ' ~ ~ ~ _ ~ s C7 ' ~ tv _m `.`.~ _, c:+t _ _' v i -< CUMBERI-AND BOUNTY IN THE COURT OF COMMON pLE c VIL ACTION FI-UA HARRIS W AYPOIS BANKL S vINGS SAVIN FEDERp` TION. AN R JOAN ASSOCIA plaintiff PENNSYLVANIA No. 2003-01661 CONFESSION OF JUDGMENT vs. ALAN GRANT R GE Qefendant .• AILING UN VIT OFD officer, ALA AFFIDA the undersigned s Bank AMENDED ealth, Harris Saving who, and Commonw f~Wa udgment, County tinned 1 for said oint Bank, Notice Attorney for VJaYP above-cap of Sheri s a Notary public in and RIg9s Jr., the PIa4 ~tia Y the u ust ep 4' ato the following's eared Benls andF ssociation, ~~ of os~P aid, Before men all, P Loan A p$es that on the __ personally aPP ving to law, deP via first c12~ss m and York Federal ~cording case was mailed, bein9•duly sWOrn tinned Department U.S. Treasury. Room 808 Sale m the above-oa h Office, Internal Revenue Service Mt. Valley Farms & Lumber Bureau of uomPllance DepartmentFiA 17028 0946 Harrisbur9~ GaPY of Proof of Mailing is attached hereto. G~ J s Jr. BY'~ Benjaminfor the Plaintiff Atto No 72030 I.D. 4518 (717) 815- subscribed to Np1~lALSr Sworn ane this 4. day ~ A, EMSWILER, ~ before m 2Q,p4 ~'~/ TONG HARRISBURG,O A f ~ / J' ~,,,~J (> %~O { ~, OM's COMMISSION EXPIRE` Pittsburg Avenue PtOfOb ugh PA 1Ei222-9g74 1240 Nawakwa Road giglersville, PA 17307 and Esquire clo Matthew R' Battersby, P ~~ BOX 215/7320 Fairfield, pA - Notary ~ ~- Tres: MY Commission exP N T 3 w m V V T c w 'm m A ~y m Q1 _ A _ W _ N ~ p (O W V m (It A W N ~ r yDZ ~ a 01 ~ A ~ ~ ~ N ' m m a a ~ ~ ~ a.~ v Z - m' c ~ 3 ~ m m 9 -1 '° d ~ 2 ~` "~ _ 'l i r' ' I o O , ~ f G T _ ~ D ~ n 3 ro ~ "~ ~ ,(~ Q ~ C N } ~ "'~ v, f v' C n~ _ . 'S? mZ~ ° "~ ~ "~ t: T R^ . ' i }. ~ ~ z 3 ~ f" L ce V r. 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N C Dl (4 ' °i ~ a ~~v ~3. o , ' D o 3~3o'm `~° s ~ _ c ~ n3 ~W q. / ^ n . m nn $ e o a `~ e ~f Y m m m °. w ~ 3 a o ng i ~ 8~ ~~ u c '. m` 2 _ -.m m ~ , _n x ~ ~ ~, ~ ~o ~8im~a . w w ~ m n,e ° m~ s 'n ro ~ 3 ~' ~ ~ 'N d~. ~ o oa N ~m ~ d. m ~ O ~ e a . o mmY3mm m ~ ~ a 3 0 3 n'^- ' m o . ]] c o u mm _.o ~ n °-. rB mn 3 m , m8a~y3 ~~+ v m m m a y s ~ 3~B~ w ~ o m.m 3 m e ~ ~ ° 3 9 dnF m3'3 ~ 3 0 m w~ g C d na N d ~ m u m T 0~3~3 ° m 0 i i 0 3, 3 c m m A 3 m m m x O } 7 C 0 a c> ~> c > ` .c- 7 ~ :. cr' C') 577 '..~r ,. { '7711'i c.: ~~~ `. rT; -G v,t -, CUMBERLA~~D COUNTY, PENNSYLVANIA IN THE COURT OF COMMON PLEAS OF CIVIL ACTION W AYPOINT BANK, FIKIA HARRIS SAVINGS BANK AND YORK FEDERAL SAVINGS AND LOAN ASSOCIPia~~ Iff vs. ALAN G. UNGER AIKIA ALAN GRANT UNG Defendant No. 2003-01661 CONFESSION OF JUDGMENT NOTICE PuK°~~.. - - °re mortgage, AMENDED er: to the following Patties ~~hUn °ea alkla A n Grant Ung NOTICE IS HEREBY GIVEN judgment or tax liens against the real estate of Alan ~• U S Treasury Del>attme g08 Internal Revenue Service Mt. Valley Farms & Lumber Pittsburgh Office, Room 1000 Liberty Avenue Pittsburgh, PA 1'5222-9974 1240 Nawakwa F17307 Biglersville, PA and clo Matthew R. Battersby, Esquire P.O. Box 21517320 Fairfield, PA Depattment No. 280946 liance Harrisburg, PA 17128-0946 Bureau of Comp revailing loc 2004 at 10:00 o'clockoA~Comnlon Pleas tember 8, Court You are hereby notified that on Sep ment of Waypoint Bank, flkla Harris Savir virtue of a Writ of Execution issued out of the er alkla Alan Gr time, by Pennsylvania, on the judg s and Loan Association vs. Alan G• ng County, Pennsylvania will expose Cumberland County, PA 17013, Counfi Bank and York Federal Saving uare, Carlisle, er and loc, Unger, No• 2003-01661 the SheOne Courthouse Sq er alkla Alan Gra4 13-0126-045, Public Sale in the Court douse, 17007 (3 Tax ID #'s: Tax ID # Pennsylvania, real estate of Alan G' AND 610 Alexander Spring Road, Car Cumberland, Boiling Springs, PA at: Red Tank Road, 40.13-0126-010A) ID # 40-13-0126-011, Tax ID # PA 17013, Tax ID # 40-09-0527-039. ALL THOSE TRACTS OF LAND SITUATE, LYING PenDnsByElania! as more fullyddescribed in Exhibit Antattached heeeto and made a part herleofof 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 intere:>t, if any, by being notified of said Sheriff Sale. Date: ~ d By./ Benjamin F. Riggs, r. squire 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 ID. #40-13-0126-045 being an unimproved 63.53 acre parcel located on Red Tank Road, Boiling Springs, PA 17007; Tax ID. #40-13-0126-011 being an unimproved 11.6 acre parcel located on Red Tank Road, Boiling Springs, PA 17007; Tax ID. #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 ID. #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. :~ ~ _ ~ ~ ~_~ C7 Sm C..: ,. _~ n~;D ,, ~ 'ta nz i ~` t.n .{~ ~~ ._ r, '~ ~~. _ _ rI CI1 ~' Ur DEC 0 7 2004 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ACTION- -MORTGAGE FORECLOSURE WAYPOINT BANK, F/WA YORK FEDERAL SAVINGS AND LOAN ASSOCIATION No. 2003-01661 AND HARRIS SAVINGS BANK Plaintiff vs. ALAN G. UNGER A/K/A ALAN GRANT UNGER Defendant ORDER AND N W his of y/~~~^"1/' 4 O , t ~ day X200 ,upon consideration of Plaintiff's Motion to Continue Sheriff's Sale it is hereby ORDERED that Plaintiff is authorized to continue the C)ecember 8, 2004 Sheriffs Sale to January 5, 2005. C i~~~ ' ~ ~~~ ~ ~~ ~~ ~i~S 'f - !'~~.4 ~~.a ~i L_ ..~ C3 :~~~ ~{~ ? - ~?~3 h~Z t fir. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ACTION- -MORTGAGE FORECLOSURE WAYPOINT BANK, F/K/A YORK FEDERAL SAVINGS AND LOAN ASSOCIATION No. 2003-01661 AND HARRIS SAVINGS BANK Plaintiff vs. ALAN G. UNGER A/K/A ALAN GRANT UNGER Defendant MOTION TO CONTINUE SHERIFF'S SALE AND NOW, comes Waypoint Bank, flk/a Harris Savings Bank, by and through its attorney, Benjamin F. Riggs, Jr., moves this Honorable Court as follows: 1. On or about April 10, 2003, Waypoint Bank, f/k/a York Federal Savings and Loan Association and Harris Savings Barik (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 Sheriffs 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, 111, 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 Gourt, 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 Sheriffs Sale to January 5, 2005; and such other and further relief as this Court deems appropriate. Respectfully submitted, -,~ Benjamin R. Riggs, .Or. Attorney for Plaintiff P.O. Box 1711 Harrisburg, PA 17101-1711 (717 815-4518 I.D. No. 72030 r 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 vs. ALAN G. LINGER A/K/A ALAN GRANT LINGER Defendant No. 2003-01661 CERTIFICATE OF SERVICE I HEREBY CERTIFY that on i>~c~~~ lo-QI" ~ _, 2004, a copy of the Motion to Continue Sheriffs 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 Sheriffs Sale is attached hereto and incorporated by reference. Dated: ~~- (~ By: Benjamin F. Riggs, r. Attorney for Plaintiff P.O. Box 1711 Harrisburg, PA 17105-1711 Phone: (717) 815-4518 I.D. No. 72030 R \ 4 J n,, _ C . c-~ C'> ! " " I t , , . _ ` r-s~ I ' j .. t ~ 4 ! . ~;% t -r- rr~ ~ _..~ ~ ~ x~ r .~. .r' ~ ' c.,a ''' ..J t.~ "~.. Waypoint Bank f/k(a York Federal Savings and Loan Association and Harris Savings Bank VS Alan G. Unger a/k/a Alan Grant Unger In The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2003-1661 Civil Term Michael Barrick, Deputy Sheriff, who being duly sworn according to law, stat that on July 20, 2004 at 8:50 o'clock PM, he served a true copy of the within Real Es Writ, Notice of Sheriffs Sale and Description, in the above entitled action, upon the within named defendant, to wit: Alan G. Unger a/k/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 th 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 o Alan G. Unger located at 610 Alexander Spring Road, Carlisle, Pennsylvania, accordi to law. Ron Hoover, Deputy Sheriff, who being duly sworn according to law, states th 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 o1 Alan G. Unger located on Red Tank Road, Boiling Springs, Pennsylvania, being knoN as Parcel ID Numbers 40-13-0126-045, 40-13-0126-011 and 40-13-0126-O10A, 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 name. defendant, to wit: Alan G. Unger, by regular mail to his last known address of 236 Re Tank Road, Boiling Springs, PA 17007. This letter was mailed under the date of July 2004 and never returned to the Sheriffs Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, states this ~ is returned STAYED per instructions from Attorney Benjamin Riggs. Sheriff s Costs: Docketing 30.00 Poundage 15.11 Posting Handbills 60.00 Advertising 60.00 Law Library .50 Prothonotary 1.00 Mileage 14.78 Postpone Sale 40.00 Levy 60.00 Surcharge 50.00 Law Journal 195.65 Patriot News 213.28 Share of Bills 30.49 $770.81 Sworn and subscribed to before me So Answers: This _~ ~' day oft,~r~.~,d__ ~"~~ ~'C~/, /.,~~ ~ ,~` R. Thomas Kline, Slferiff 2005, A.D. L ( P of onotary ~ ` ~~ BYE. ?d-t~l- ~:Ja~ Real Bst~puty 1 sue' Ue_k/d'+a1 %,~, I i54Y ~ ~ 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION AFFIDAVIT PURSUANT TO RULE 3129.1 WAYPOINT BANK, FiWA YORK FEDERAL SAVINGS AND LOAN ASSOCIATION HARRIS SAVINGS BANK Plaintiff vs. ALAN G. UNGER A/K/A ALAN GRANT UNGER Defendant Waypoint Bank, f/k/a Harris Savings Bank and York Federal Savings and Loan Plaintiff in the above action, sets forth as of the date the praecipe for the writ of execution following information concerning the real properties located at: 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 County of Cumberland and Commonwealth of Pennsylvania, as more fully described in attached hereto and made a part hereof. A, 1. Name and address of Owner or Reputed Owner. Name Address Alan G. Unger a/k/a 236 Red Tank Road Alan Grant Unger Boiling Springs, PA 17007 No. 2003-01661 CONFESSION OF JUDGMENT filed to 2. Name and address of Defendant in the Judgment: Name Address Alan G. Unger a/k/a 236 Red Tank Road Alan Grant Unger Boiling Springs, PA 17007 3. Name and address of every judgment creditor whose judgment is a on the real property to be sold: Name Address (if address cannot be reasonably ascertained, please do indicate) Washington Mutual Bank, F.A. 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 N/A Name 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 property: Name 6. Name and address of every other person who has any record property and whose interest may be affected by the sale: Name Cumberland County Tax Claim Bureau Address (if address cannot be reasonably ascertained, please do indicate) P.O. Box 1711 Harrisburg, PA 17105-1711 Address (if address cannot be reasonably ascertained, please do indicate) Address (if address cannot be reasonably ascertained, please do indicate) South Hanover & High Streets Carlisle, PA 17013 rd lien their in the 7. Name and address of every other person of whom the plaintiff has knc 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 b 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: ~.~hf~ i ~ iSrt a~Ga7`-~ By: Benjamin F. Riggs, JY." j~ Attorney for Plaintiff 235 North Second Street P.O. Sox 1711 Harrisburg, PA 17105-1711 (717) 815-4518 I.D. No. 72030 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION WAYPOINT BANK, F!K/A HARRIS SAVINGS BANK AND YORK FEDERAL SAVINGS No. 2003-01661 AND LOAN ASSOCIATION Plaintiff vs. CONFESSION OF JUDGMENT ALAN G. UNGER AiK/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 afk/a Alan Grant Unger 236 Red Tank Road Boiling Springs, PA 17007 TAKE NOTICE: That the Sheriffs Sale of Property (real estate) will be held on September 8, 2004, in 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 co of a statement of the measured boundaries of the property, together with a brief mention of tl 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 describe in Exhibit A, attached hereto and made a part hereof. THE JUDGMENT under or pursuant to which your properties are being sold is 2003-01661. THE NAME OF THE OWNER or REPUTED OWNER OF THESE PROPERTIES ALAN G. UNGER A/K/A ALAN GRANT UNGER A SCHEDULE OF DISTRIBUTION, being a list of the persons, and or governmer corporate entities or agencies being entitled to receive a part of the proceeds of the sale and to be disbursed by the Sheriff (for example to banks that hold mortgages and munic are owed taxes) will be filed by the Sheriff within thirty (30) days after the sale and distrit proceeds of sale in accordance with this schedule will, in fact, be made unless someone filing exceptions to it within ten (10) days of the date it is filed. Information about the Sch Distribution may be obtained from the Sheriff of the Court of Common Pleas of Cumberlr Cumberland County Courthouse, One Courthouse Square, Carlisle, PA 17013. or ties that n of the :cts by e of County, It has been issued because there is a judgment against you. It may cause your property to held, to be sold or taken to pay the judgment. You may have legal rights to prevent your property rom being sold or taken to pay the judgment. A lawyer can advise you more specifically of these fights. you wish to exercise your rights, you must act promptly. 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 the judgment if you have a meritorious defense against the person or company that has entE judgment against you. You may also file a petition with the same Court if you are aware of a 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 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 Court's regularly scheduled Business Court sessions. The petition must be served on the at for the creditor or on the creditor at least two business days before presentation to the Court proposed order or rule must be attached to the petition. If a specific return date is desired, s date must be obtained from the Court Administrator, Cumberland County Courthouse, One Courthouse SquaJre, Carlisle, PA 17013, before pre ~ tatio/n ofd petition to the Court. DATE: I~! Juy gy: .4~,`.~'u•~,/~' Benjamin F. Riggs, Jr. Attorney for Plaintiff I.D. No. 72030 (717) 815-4517 the a Exhibit A ALL THAT TRACTS OF LAND SITUATE, LYING AND BEING in South Middleto Township, County of Cumberland and Commonwealth of Pennsylvania, describe as follows: Tax ID. #40-13-0126-045 being an unimproved 63.53 acre parcel located on Red Tank Road, Boiling Springs, PA 17007; Tax ID. #40-13-0126-011 being an unimproved 11,6 acre parcel located on Red Tank Road, Boiling Springs, PA 17 7; Tax ID. #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 ID. #40-09-0527 039 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 03-1661 Civil CIVIL ACTION - LA~ TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due WAYPOINT BANK, f/Wa YORK FEDERAL SAV AND LOAN ASSOCIATION and HARRIS SAVINGS BANK Plaintiff (s) From ALAN G. UNGER a/Wa 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 PA 17007 an 610 ALEXANDER SPRING ROAD, CARLISLE PA 17013 (TAX ID # 40-09-0527-03! 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 gamishee(s) that (a) an attachment has been issued; (b) the garnishee(s) is enjoined fr rc paying any debt to or for the account of the defendant (s) and from delivering any property of the defen ac (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 him/her that he/she has been added a a garnishee and is enjoined as above stated. Amount Due $31,983.03 L.L.$.50 Interest 4/8/03 TO 9/8/04 @ $7.15 per diem = $2,395.76 Atty's Comm % Due Prothy $1.00 Atty Paid $69.83 $22.77 PER MONTH Plaintiff Paid Date: APRIL 19, 2004 (Sea]) KEQUESTING PARTY: Other Costs LATE CHARGE FROM 9/9/04 CURTIS R. LONG Proth tary i- By: -Gt--w-.e.. [tom' Deputy Name BENJAMIN F. RIGGS, JR., ESQUIRE Address: P O BOX 1711 HARRISBURG PA 17105-1711 Attorney for: PLAINTIFF Telephone: (717) 815-4518 Supreme Court ID No. 72030 Real Estate Sale #28 On June 10, 2004 the sheriff levied 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-O10A) 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. Date: June 10, 2004 By: ,,lb ~y J Real EstaQQe Deputy ~; r~;~a ~~~Nit~'~ ~~1~ ~so ,~i~3o ~dIb~HS ~t~ 4~~ zz ~ `Z aa~ ~,+113 ~,' ~_`~~~~~d _, { ~ , c ~ L R ~~ REAL ESTATE SALE No. 2@ Writ No: 21103-1664 ` . ClvllTerm Wayyppolrt#.eankflkla: York Federal Savings,and Loan ': AseootaNon and Hartle Savinga Bank Vs. . Alan GE Unger . alk7a Alan Grant Ungear Arty: Ben]emin Rlgga DESCRIPTION ALG TI{YtT TRACTS OF LAND situate, lying end being is South MiddletonTownehiQ, County of Cumberland aad Commonwealth of Pennsylvania, described as follaws:l6x ID #40- 13-017b-049 being an unimproved'63.53 acre { _ parcel located on Red Tank Road, Foiling Springs; PA 17007; Tax ID #-00-13-01?6.O11 un~eto~ rn itu. 10-CBItdthere04 exclusive of ffi rUexander Spring REAL ESTATE SALE NO. 28 Writ No. 2003-1661 C1vi1 Waypoint Bank, f1k/a York Federal Savings and Loan Assoctatlon and Harris Savings Bank vs. Alan G. Unger, aJk/a Alan Grant Unger Atty.: Benjamin Riggs Exhibit A ALL THAT TRACTS OF LAND SITUATE, LYING AND BEING in South Middleton Township, County of Cumberland and Commonwealth of Pennsylvania, described as fol- lows: Tax ID. #40-13-0126-045 being an unimproved 63.53 acre parcel located on Red Tank Road, Bolling Springs, PA 17007: Tas ID. #40-13-0126-011 being an unim- proved 11.6 acre parcel located on Red Tank Road; Boiling Springs, PA 17007; Tax ID.#40-13-0126-O10A being an unimproved parcel, con- taining 7 acres more or less located on Red Tank Road, Boiling Springs, PA 17007; and Tax ID. #40-09- 0527-039 being known and num- bered 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. WAYPOINT BANK, formerly known as : IN THE COURT OF COMMON PLEAS OF YORK FEDERAL SAVINGS AND :CUMBERLAND COUNTY, PENNSYLVANIA LOAN ASSOCIATION AND HARRIS SAVINGS BANK, :CIVIL ACTION- Plaintiff :CONFESSION OF JUDGMENT vs. : NO. 2003-1661 ALAN G. UNGER, Defendant PRAECIPE Kindly mark the above-captioned matter settled, discontinued and ended, and costs paid, and judgment satisfied. BARLEYS ER LLC .r' Geofg~J. Shoop, Esquire Attorneys for Plaintiff Waypoint Bank, formerly known as York Federal Savings and Loan Association and Harris Savings Bank Court I.D. No. 25367 501 Washington Street P.O. Box 942 Reading, PA 19603-0942 (610) 376-6651 1901690-1 r--? p C) ~' -n _,~ ; -~ , r ~ -- fr3 =t . r.,} _,