Loading...
HomeMy WebLinkAbout03-1665IN 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 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 Reasonable Attorneys Fees (10%) $76,975.37 $416.08 7 697.53 Total Judgment entered as above. DATED: $85,088.98 By Benjamin F. Rigg Attorney for Defendant 235 North Second Street P.O. Box 1711 Harrisburg, PA 17105 Phone: (717) 815-4518 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 vs. ALAN G. LINGER Defendant No. 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 ( guaranty dated January 18, 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 Apri17, 2003: Principal Balance $76,975.37 Interest through 04/07/03 $ 416.08 Reasonable Attorneys Fees (10%) $ 7,697.53 Total Amount $85,088.98 WHEREFORE, Plaintiff Waypoint Bank demands judgment against the Defendant in the total sum as authorized by the Warrant appearing in the attached instrument. DATED: q _ By : C~! Benjamin .Riggs, r. Attorney for Defendant 235 North Second Street P.O. Box 1711 Harrisburg, PA 17105 Phone: (717) 815-4518 I.D. No. 72030 3 COMMERCIAL GUARANTY •~ Borrower: Grant Electrical Contracting, Inc. Lender: Harris Savings Bank 1937 Spring Road 234 N. Second Street Carlisle, PA 17013 P O Box 1711 Harrisburg, PA 17105 ~U8r811tOr: Alan G. Unger 236 Red Tank Road Bolling Springs, PA 17007 AMOUNT OF GUARANTY. The amount Of this Guaranty is Unlimited. 'CONTINUING UNLIMITED GUARANTY. For good and valuable consideration, Alan G. Unger ("Guarantor") absolutely and unconditionally :guarantees and promises to pay to Harris Savings Bank ("Lender") or its order, on demand, In legal tender of the United States of America, the Indebtedness (as that term is defined below) of Grant Electrical Contracting, Inc. ("Borrower") to Lender on the terms and conditions set forth in this Guaranty. Under this Guaranty, the liability of Guarantor is unlimited and the obligations of Guarantor are continuing. DEFINITIONS. The following words shall have the following meanings when used in this Guaranty: Borrower. The word "Borrower" means Grant Electrical Contracting, Inc.. Guarantor. The word "Guarantor" means Alan G. Unger. Guaranty. The word "Guaranty" means this Guaranty made by Guarantor for the benefit of Lender dated January 18, 2000. Indebtedness. The word "Indebtedness" is used in its most comprehensive sense and means and includes any and all of Borrower's liabilities, obligations, debts, and indebtedness to Lender, now existing or hereinafter incurred or created, including, without limitation, all loans, advances, interest, costs, debts, overdraft indebtedness, credit card indebtedness, lease obligations, other obligations, and liabilities of Borrower, or any of them, and any present or future judgments against Borrower, or any of them; and whether any such Indebtedness is voluntarily or involuntarily incurred, due or not due, absolute or contingent, liquidated or unliquidated, determined or undetermined; whether Borrower may be liable individually or jointly with others, or primarily or secondarily, or as guarantor or surety; whether recovery on the Indebtedness may be or may become barred or unenforceable against Borrower for any reason whatsoever; and whether the Indebtedness arises from transactions which may be voidable on account of infancy, insanity, ultra vires, or otherwise. Lender. The word "Lender" means Harris Savings Bank, its successors and assigns. Related Documents. The words "Related Documents" mean and include without limitation all promissory notes, credit agreements, loan agreements, environmental agreements, guaranties, security agreements, mortgages, deeds of trust, and all other instruments, agreements and documents, whether now or hereafter existing, executed in connection with the Indebtedness. NATURE OF GUARANTY. Guarantor's liability under this Guaranty shall be open and continuous for so long as this Guaranty remains in force. Guarantor intends to guarantee at all times the performance and prompt payment when due, whether at maturity or earlier by reason of acceleration or otherwise, of all Indebtedness. Accordingly, no payments made upon the Indebtedness will discharge or diminish the continuing liability of Guarantor in connection with any remaining portions of the Indebtedness or any of the Indebtedness which subsequently arises or is thereafter incurred or contracted. DURATION OF GUARANTY. This Guaranty will take effect when received by Lender without the necessity of any acceptance by Lender, or any notice to Guarantor or to Borrower, and will continue in full force until all Indebtedness incurred or contracted before receipt by Lender of any notice of revocation shall have been fully and finally paid and satisfied and all other obligations of Guarantor under this Guaranty shall have been performed in fuN. If Guarantor elects to revoke this Guaranty, Guarantor may only do so in writing. Guarantor's written notice of revocation must be mailed to Lender, by certified mail, at the address of Lender listed above or such other place as Lender may designate in writing. Written revocation of this Guaranty will apply only to advances or new Indebtedness created after actual receipt by Lender of Guarantor's written revocation. For this purpose and without limitation, the term "new Indebtedness" does not include Indebtedness which at the time of notice of revocation is contingent, unliquidated, undetermined or not due and which later becomes absolute, liquidated, determined or due. This Guaranty will continue to bind Guarantor for all Indebtedness incurred by Borrower or committed by Lender prior to receipt of Guarantor's written notice of revocation, including any extensions, renewals, substitutions or modifications of the Indebtedness. All renewals, extensions, substitutions, and modifications of the Indebtedness granted after Guarantor's revocation, are contemplated under this Guaranty and, specifically will not be considered to be new Indebtedness. This Guaranty shall bind the estate of Guarantor as to Indebtedness created both before and after the death or incapacity of Guarantor, regardless of Lender's actual notice of Guarantor's death. Subject to the foregoing, Guarantor's executor or administrator or other legal representative may terminate this Guaranty in the same manner in which Guarantor might have terminated it and with the same effect. Release of any other guarantor or termination of any other guaranty of the Indebtedness shall not affect the liability of Guarantor under this Guaranty. A revocation received by Lender from any one or more Guarantors shall not affect the liability of any remaining Guarantors under this Guaranty. It is anticipated that fluctuations may occur in the aggregate amount of Indebtedness covered by this Guaranty, and it is specifically acknowledged and agreed by Guarantor that reductions in the amount of Indebtedness, even to zero dollars (10.00), prior to written revocation of this Guaranty by Guarantor shall not constitute a tgtminatlon of this Guaranty. This Guaranty is binding upon Guarantor and Guarantor's hairs, successors and assigns so long as any of the guaranteed Indebtedness remains unpaid and even though the Indebtedness guaranteed may from time to time be zero dollars (10.00). GUARANTOR'S AUTHORIZATION TO LENDER. Guarantor authorizes Lender, either before or after any revocation hereof, without notice or di4mand and without lessening Guarantor's liability under this Guaranty, from time to time: (a) prior to revocation as set forth above, to make one or more additional secured or unsecured loans to Borrower, to lease equipment or other goods to Borrower, or otherwise to extend additional credit to Borrower; (b) to alter, compromise, renew, extend, accelerate, or otherwise change one or more times the time for payment or other terms of the Indebtedness or any part of the Indebtedness, Including Increases and decreases of the rate of Interest on the Indebtedness; extensions may be repeated and may be for longer than the original loan term; (c) to take and hold security for the payment of thig Guaranty or the Indebtedness, and exchange, enforce, waive, subordinate, fail or decide not to perfect, and release any such security, vMNt1 or without the substitution of new collateral; (d) to release, substitute, agree not to sue, or deal with any one or more of Borrower's sureties, endorsers, or other guarantors on any terms or in any manner Lender may choose; (e) to determine how, when and what application of payments and credits shall be made on the Indebtedness; (f) to appy such security and direct the order or manner of sale thereof, including without Iimitatlon, any nonjudicial sale permitted by the teams of the controlling security agreement or decd of trust, as Lender in Its discretion may determine; (g) to sell, transfer, assign, or grant participations in all or any part of the Indebtedness; and (h) to assign or transfer this Guaranty in whole or in part. GUARANTOR'S REPRESENTATIONS AND WARRANTIES. Guarantor represents and warrants to Lender that (a) no representations or agreements of any kind have been made to Guarantor which would limit or qualify in any way the terms of this Guaranty; (b} this Guaranty is executed at •elusnytsuuad;o y;leamuowwo0 ay;;o sM ;; y;lm aousp~ooos ul panusuoo pus ~(q pawano6 a~ ~as Nue~en0 slyl •~ay;o ay;;sule6e ~o;us~en0 ~o ~epual gay;la ~(q ;yBnaq wlslwa;unc ,. 'Bulpeaoad 'uol;os ~tus ul leu; tinf ~tus o; ;yBu a. .~lem ~tga~ay ~o;us~en0 pus ~apua~ •elusnl~suuad ;o y;leamuowwo0 '~}uno0 ulydnea ;o s~noo ay; ;o uol;olpslml ey; o; ;lwgns o; ;sanba~ s,~apuel uodn saa~Be ~o;us~en0 ';lnsmel e sl a~ay; ;l •elusny(suued ;o y;leamuowwo0 ay; w ~apual /~q pa;deoos pus ~apual o; pa~anllap uaaq say Il;us~en0 slyl •M~ alq~lldd~y •;uawpuawe ~o uol;era;lE ay; ~tq punoq ~o paB~eyo aq o;;yBnos sel}~ed ~o ~l.isd ay; ~tq pau8ls pus Bul;um ul uanl6 ssalun and;oa~a eq ileys ~us~en0 sly; o;;uawpuawe ~o;o uol;a~a;le oN •~yus~en0 sly; ul y}~o;;as s~agew ay; o; se sel}~ed ay; ;o ;uawae~Be pus Bulpus;sJapun an;ua ay; sa;n;l;suoo 's;uawnooo pa;elan ~tus y;lm gay;eBo; 'I~us~sn0 slyl •s~uawpuawd :d;ue~en0 sly;;o fed s aye suolslnad snoausllaoslw Bulmollo; ayl 'SNOISIAOad Sf103NV1130SIW •~}ue~en0 sly; ~epun s;yBu s;l ao~o;ua pus an~asa~d `;owed o; a;sudadde ~o tisssaoau sweep ~apual se suol;oe gay;o yons ails; o; pus s;uawnoop gay;o yons a;noaxe o; pus s;wawa;e;s uol;enul;uoo pus s;uawa;a;s Bulousuy all; pus a;noaxa o; awy o; awl; wok '~o;us~en0 ;o aweu ay} ul 'pazuoy;ne sl ~(ge~ay ~apua~ pus 'sea~Bs ~o;us~en0 •~apual o; pa~anllap eq ileys pus ~us~sn0 sly; o;;oefgns a~B awes ay;;ey; puaBal a y;lm pa~l~ew aq lleys ~o;ue~en0 o; ~ema~og;o suol;eBllgo ~o s;gep ~(us Bulouaplne ~ausa~ay ~o mou s;uawaa~Be;lpa~o ~o sa;ou ~(us 's;sanba~ os ~apual;l •ssaupa}gepul ay;;o Papua; leBel ul ;uaw~(ed lln; ~apuel o; Buunsse ;o asodmd ay; ~o; ~tluo and;oa~a aq lleys ;uawuBlsse yons ;ey; `~anamoy paplnad :~amouog ;o Ito;dn~~lusq ul as;sna; ~o aauBlsss bus ;suleBs ~o ~ama~og ;suleBs ennbos ~o ansy ~(ew ;l yolym sw!slo Its ~apue~ o; uBlsse ~tga~ay swop ~o;us~en0 •~apua~ o; ~ama~og ;o ssaupa;gapul ay; o; ~apual ~(q palldde ;sal; aq pays pus ~apua~ o; pled aq pays ~o;us~en0 pus ~apual y;oq ;o swlep ay; ;o ;uew~ted ay} o; alq~!Idde ~emo~og ;o s;assB ay; 'aslntiey;o ~o 'uol;eplnbll tie;union ~(q `s~o;lpa~o ;o ;yauaq ay; ~o; ;uawuBlsse us ~tq '~to;dn~~lueq yBnay; '~amo.uog ;o s;asse ey; ;o uogepmbp ;uenbasuoo pus ~touanlosul ;o ;uene ey; ul •~amo~og ;suleBs ansy ~ausa~ay ~o mou taw ~apua~ ;ey; wisp ~tus o; '~anaos;eym;unooos ~tue uodn '~ama~og ;suleBs ansy stew ~o;us~en0 wlelo /Cue sa;aulp~ogns ~(lssa~dxa ~tge~ay ~o;us~en0 •;uanlosul sawooaq ~ema~og ;ou ~o ~ay;aym '~emo~og ;suleBs a~lnbos ~auea~ay ~o ansy Mou stew ~o;us~en0 ;ey; wlelo ~tus o; Loud aq pays 'pa;aa~o ~a~ea~ay ~o Bul;slxa mou gay;aym `~epual o; ~amo.uog ;o ssaupa;gapul ay; ;ey; saa~Ba ~o;us~en0 •aO1NVt1Vf1J Ol S1930 S~a3MOfia09 d0 N0111/NIOFJ0811S •~apua~ ~tq pa;noexa Bul;um ul ;uawn~;sul us ~tq paseala~ ~o panlem ~tysoyloads sl ;saga;ul ~}unoas ~o ~o;as ;o ;yBu yons lyun ;oa~e pus eao; pn; ul anuyuoo pays ;saga;ul ~unoas pus ~o;as;o;yBu iGan3 •Bulop os ul ~t8lap ~tus ~tq ~o;saga;ul ~unoas yons ao~o;ua o; ~o ~o;as;o;yBu yons aslo~axa o;;oalBau ~(us ~(q ~o aapual;o fed ay; uo;onpuoo ~o;os ~tus ~(q panlem uaaq ansy o; pawaap aq lisps ~o;as;o lyBl~ ~o;saga;ul plmoas oN •~o;usasn0 0; aol;ou ~o uodn puswap;noy;lm paslaexa eq ~(ew ~o;as ;o ;y8u pus ;saga;ul ~yunoas yons tian3 •s;unooos ;sn~; pus `yBoa~l `pal pE ~anamoy Bulpnloxa `aslnuay;o ao Bwdae~la;Bs ~o; play gay;aym ~o `asla auoawos y;lm hyulof play gay;aym ';lsodap ao ;unooos leloads ~o ls~aua6 s ul play gay;aym `~apual y;lm ;lsodep uo ~o ;o uolssassod ay; ul ~agsaaey ~o mou ao;us~en0 ;o ~edad gay;o pus seyunoas `s~(auow 's;lsodep ys 'o; pus ul ;sera;ul pus ayy ';y6u s,~o;us~en0 ;o Its ~epuel o; see;suss; pus 'sa6peld 's,anllap 's~tanuoo 'suBlsse ~(ga~ay ~o;us~an~ pus ';suleBs ~o;as ;o ;yBu a pus ul ;saga;ul ~unoas lsn;os~;uoo e 'mel ~(q peglw~ed ;ue;xe ay; o; pus kus~en0 sly; aapun ~apua~ o; suoye8llgo s,~o;us~en~ o; ;oadsa~ y;lm 'ansy pays ~apua~ 'mEl ~(q ~apual o; uenlB ~o;us~en0;o ~adad gay;o ~o sal;unoes's~teuow ay;;suleBs ~o;as;o s;yBu pus uodn suall lie o; uol}lppB ul 'dd013S d01HJIfi S~a3aN3l '~o!lod ollgnd ao mel l~q peglw~ed;ua;xa ay; o; ~luo enyoa~a eq days ~enlsm yons `~(opod ollgnd ~o mel algeolldde ~(us o; tis~;uoo aq o; paulw~a;ap sl sanlem yons ~tus;l •mel ~o ~(opod oygnd o; tis~;uoo;ou pus algeuosea~ aye sanlem ey; 'saous;swno~lo ay; aapun `;ey; pus seouenbesuoo pus aousoyluBls s;l;o a6pelmou~l lln; s,~o;us~en0 y;lm spew sl enoge y}~o;;as s~enlem ay;;o pose;ey; sea~Be pus s;us~~em ~o;us~en~ 'SFi3AIdM Ol 103dS3li HlIM JNIaNV1Sa3aNf1 S~IiOlNVIi11nJ -y;oq ~o `~o;usasn0 ay; '~amoa~og ey; l~q pe}~esse aq ~(aw ;yBu ~o puswap 'wisp yons Bey;aym `;yBu asywls ~o ;uawdnooa~ `puswap ~a;urtoo 'wlslwa;unoo `~o;as ;o wlelo ~(us ~o; d;ue~en0 sly; aapun pee;ue~en6;unowe ay; o; suol;onpap ~tus awl; ~(ue;e wlelo ~o }passe o;;ou saa~Be pus sanlem ~ay}~n; ~o;ua~en0 •~(;ue~en0 sly;;o;uewaao;ua ;o asodmd ay; ~o; pledun pa~aplsuoo aq pays ssaupa;gapul ay; 's~o;qap;o;allay ay; ~o; mel ~o mEl ,to;dn~~lusq a;e;s ~o le~apa; ~tus ~epun uos~ad ~eywls ~(us o; ao Ito;dn~~lueq ul as;sn~; s,~ema~og o; ;uew~ted ;ey; ;o }unowe ay; ;lwa~ o; peo~o; sl ~apue~ ~eysa~ey; pus ssaupa;gapul ay; uo 'mad pny; ~(us ~(q ~o 'aslnuay;o ~o ~tlus;union gay;aym '~ema~og ~(q spew sl ;uaw~(ed ;i •ssaupa;gepul ay; ;o aousw~o~ad pus ;uaw~tad len;os usy; gay;o ~}mbe ul ~o mel ;e sao;us~en6 0; uanl8 sasua;ap ~tus (;) ao :suol;e;lwll ;o a;n;a;s algeolidde ~tus ,(q paa~eq ;ou sl yolym ~apua~ o; ~ama~og ;o ssaupa}gapul Bulpus;s;no sl a~ay; peouewwoo sl ~o;usaen0 ;suleBs aapua~ ~Sq ;yBnaq ;ins ~o uol;os ~(us awl; due }s ;l 'suol;e;lwll ;o a;n;e;s ~(us (a) :ssaupa;gapul ay; ~o; lea;elloo ~(us;o;uew~ledwl pal;l;sntun;o slseq ay; uo ssaupa;gapul ay;;o aB~eyoslp wlelo o;;yBu ~tus (p) :ssaupa;gapul ay;;o 'aapua; leBel ul lln; ul ;uew~ted usy; Bey;o '~anaos;eym asneo ~(us wa; ~3!I!gBll s,~ama~og ;o uoysssao ay; ;o uosea~ ,tq ~o 'uos~ad gay;o bus ;o ~o '~o;us~enB gay;o ~(ue ;o '~ama~og;o asua;ap gay;o ~o ~ylgeslp ~(us (o) ssaupa;gapul ay; BuIB~Byoslp ~o 'Bul~yysnb `Bul;lwy mel ~(us;o uosea~ ~(q ~a~ns ~(ew ~o;us~en0 s;yBu ;o ssol Sus 'uoys;lwy }noy;lm Bulpnoul ';uewesmgwle~ ~o; ~ama~og ;sule6e paeoad o; s;yBu s,~o;us~an0 ~o s;yBu uol;e6agns s,~o;us~en0 s;oa~e ~(les~enpe eslm~ay;o ~o sRo~}sap yolym aapual ~(q salpawe~;o uoyoala ~(us (q) :alas;o ~emod a;o aslo~exa ~tq ~o ~(pBlolpnf gay;la'uoyos amsoloe~o; ~(us ;o uol;aldwoo ~o ;uewaouewwoo s,~epual Maus ~o ago;aq '~o;us~en0 ;suleBs '~toualoyap ~o; wlelo a Bulpnloul 'uoyos ~(ue Bul6uuq wa; ~apual;uana~d stew yolym mel gay;o ~(us ~o mel „doualal;ap-pus„ ~o „uol;os auo„ ~tus (s) ;o uosea~ ~tq Bulsus sasua;ap ~o s;yBla lie pus ~(us sanlem osle ~o}us~Bn~ •~anaos;eym ~ausw l~us o} ;oedse~ y;lm 'awl} r(us ;e ~o 'purl bus }o uolsslwo ~o ;os ~(us ;lwwoo o; (B) ~o :~amod s,~apual my;lm ~(pawa~ gay;o ~(us ans,nd o; (;) :apo~ lelaawwo0 woo;lug ay; ;o suolslnoad algaolldde ~9y;o ~(us y;lm aldwoo o; ~o ~ama~og wok ~apua~ ~tq play ~yunoas ~adad lauosJad ;o alas a;enud ~o ollgnd ~(us ;o aosld pus 'awl; 'sw~a; ay; ;o aol;ou anl6 0; (a) :uos~ad gay;o ~(us ~o '~o;us~en8 gay;o ~(us '~amo~og wok ~apua~ ~(q play lea;epoo ~(us;sneyxe ~o;suleBs ~l;oaalp paeoad o} (p) :ao;us~an6 gay;o ~(us ~o ~amo~og Bulpnloul `uosaad ~tus;suleBs aouo;e ~o ~l;oa~lp paeooad o; ~o;uaw~(ed ~o; }~osa~ o; (o) :suoysBligo ao susol leuol;lppe ao mau ;o uol;ea~o ay; y;lm uoyoauuoo ul ~o ssaupa;gepul ay; y;lm uol;oauuoo ul ~o;us~en6 gay;o ~o '~as~opua'~}ams ~(us'~apuel `~ama~og;o }red ay; uo uoyosuou ~o uol;os ~tue;o aol;ou ~o `leas;elloo ~(us o; pa;else;uew~(eduou ~tus;o ~o ssaupa;gepul ay; ;o ;uaw~eduou ~tus ;o sal;ou Bulpnloul 'purl ~(us ;o aol;ou ~o 'puswap `;sa;ad ';uaw;uasa~d ~(us a~lew o; (q) :~ama~og o; ;lpa~o gay;o pua;xa o; ~o ~Seuow Bulpuel anuyuoo o; (e) ~apual annbea o;;y6u ~tus sanlem ~o;us~en0 `mal a14~!Idde ~tq pa;lglyad se;daox3 'Sti3AIVM S~dO1NVliVf1°J •~ama~og y;lm dlysuogele~ s;l;o es~noo ay; ul ~apual ~(q pennboe s;uawnaop ~o uoysw~o;ul ~(us ~o;us~an0 0; asoloslp o; uol;eBllgo ou ansy hays ~apual;ey; sae~Be ~ay}~n; ~o;ue~en0 pus `>~us~en0 sly; aapun s~isu s,~o;us~en0;oa};e item ~tus ul ;yBlw yolym saous;swnalo ~o 's;uene `s;as; ~tus ;o susaw yons wok paw~o;ul ~(la;enbape daa~l o; saa~Ba ~o;us~an0 •uoylpuoo lelousuy s,~amoa~og Bulp~e6e~ uol;ew~o;ul slsaq Bulnuyuoo a uo ~amoUOg wa; 6ulule;qo ;o susaw a;enbape paysllge;sa say ~o;us~en~ (~ pus :~ama~og ;o sseuly~om;lpe~o ay; o; se ~o;us~en~ o; uol;e;uase~da~ ou spew sBy ~epua~ (l) :paua;eery; ~o Bulpued sl ~o;us~en0 ;sula6e (sexe} pledun ~o; asoy; Bulpnloul) uoyos ~allwls ~o Bulpaeoad anys~;slulwp8 `uoysBysenul 'wisp 'uol;e6yll ou (y) :uol;lpuoo lelousuy s,ao;us~an0 ;oe~e ,(las~anpe ~(peua;aw ~(Bw yolym pa~nooo say ;uene ou pus ~epual o; paplnad s;uawa;a;s lelousuy ;uaaa~ ;sow ay; ;o a;ep ay; souls uol;lpuoa lelousuy s,~o;us~en~ ul pe~mooo say eBusyo es~anpe lane;ew ou (B) :paplnad sl uoysw~o;ul lelousuy ay; sa;ep ay;;o sa ao;ue~an0;o uoylpuoo lelousuy ay;;uasa~d Mule; pus s;oadsa~ lens;ew ys ul;oeLOa pus ens; aq lllm pus sl ~apual o; paplnad aq ylm yolym uol;aw~o;w lelousuy am;n; lie pus'uaaq say ~tyuaLno yolym uoysw~o;ul lelousuy yons pe pus '~apuel o; alga;dame woo; ul uoysw~o;ul }lpa~o pus lelousuy ~apual o; aplnad lllm ~o;us~en0 ';sanba~ s,~apual uodn (;) :ule~ay; ;sage;ul ~(ue ~o `s;asse s,~o;us~en0 ;o pe ~tysyus;sgns ~o lie;o asodslp aslNUay;o ~o '~a;susu 'a;soap;od~(y '~agwnoua 'u8lsss 'asaal 'll~ '~apuel ;o ;uasuoo uapum Loud ay; ;noy;lm `;ou II!m pus ;ou say ~o;us~en0 (a) :~o;us~en~ o; alq~!Idde ~ap~o ~o aa~oep ~noo 'uoysinBa~ 'mel ,tus ;o uoysloln s ul;lnsa~;ou op pus ~o;us~en0 uodn Bulpulq;uewn~;sul gay;o ao;uawaa~Be ~(us ~epun;lne;ap a ul;lnsa~ ~o y;lm;olyuoo;ou op ~yusaen~ sly; ;o suolslnad ay; (p) :~us~sn~ sly; o;ul ~a;ua o; ~t;uoy;ne pus;yBu `~amod lln; say ~o;us~en0 (o) :~apua~;o;senba~ ay;;e;ou pus;senba~ s,~ama~og (panu~}uoo) ZEZL005L88 oN ueo~ Z abed ~u.Ndadn~ ~ei~a3wwo~ oooZ-BL-Lo F Ot-18-2000 COMMERCIAL GUARANTY, Loan No 8875001232 (Continued) Page 3 Attorneys' Fees; Expenses. Guarantor agrees to pay upon demand 811 of Lender's costs and expenses, including attorneys' fees and Lender's legal expenses, incurred in connection with the enforcement of this Guaranty. Lender may pay someone else to help enforce this Guaranty, and Guarantor shall pay the costs and expenses of such enforcement. Costs and expenses include Lender's attorneys' fees and legal expenses whether or not there is a lawsuit, including attorneys' fees and legal expenses for bankruptcy proceedings (and including efforts to modify or vacate any automatic stay or injunction), appeals, and any anticipated post judgment collection services. Guarantor also shall pay all court costs and such additional fees as may be directed by the court. Notices. All notices required to be given by either party to the other under this Guaranty shall be in writing, may be sent by telefacsimile (unless otherwise required by law}, and, except for revocation notices by Guarantor, shall be effective when actually delivered or when deposited with a nationally recognized overnight courier, or when deposited in the United States mail, first class postage prepaid, addressed to the party to whom the notice is to be given at the address shown above or to such other addresses as either party may designate to the other in writing. All revocation notices by .Guarantor shall be in writing and shall be effective only upon delivery to Lender as provided above in the section titled "DURATION OF GUARANTY" If there is more than one Guarantor, notice to any Guarantor will constitute notice to all Guarantors. For notice purposes, Guarantor agrees to keep Lender informed at all times of Guarantor's current address. Interpretation. In all cases where there is more than one Borrower or Guarantor, then all words used in this Guaranty in the singular shall be deemed to have been used in the plural where the context and construction so require; and where there is more than one Borrower named in this Guaranty or when this Guaranty is executed by more than one Guarantor, the words "Borrower" and "Guarantor" respectively shall mean all and any one or more of them. The words "Guarantor," "Borrower," and "Lender" include the heirs, successors, assigns, and transferees of each of them. Caption headings in this Guaranty are tor. convenience purposes only and are not to be used to interpret or define the provisions of this Guaranty. If a court of competent jurisdiction finds any provision of this Guaranty to be invalid or unenforceable as to any person or circumstance, such finding shall not render that provision invalid or unenforceable as to any other persons or circumstances, and all provisions of this Guaranty in all other respects shall remain valid and enforceable. If any one or more of Borrower or Guarantor are corporations or partnerships, it is not necessary for Lender to inquire into the powers of Borrower or Guarantor or of the officers, directors, partners, or agents acting or purporting to act on their behalf, and any Indebtedness made or created in reliance upon the professed exercise of such powers shall be guaranteed under this Guaranty. Waiver. Lender shall not be deemed to have waived any rights under this Guaranty unless such waiver is given in writing and signed by Lender. No delay or omission on the part of Lender in exercising any right shall operate as a waiver of such right or any other right. A waiver by Lender of a provision of this Guaranty shall not prejudice or constitute a waiver of Lender's right otherwise to demand strict compliance with that provision or any other provision of this Guaranty. No prior waiver by Lender, nor any course of dealing between Lender and Guarantor, shall constitute a waiver of any of Lender's rights or of any of Guarantor's obligations as to any future transactions. Whenever the consent of Lender is required under this Guaranty, the granting of such consent by Lender in any instance shall not constitute continuing consent to subsequent instances where such consent is required and in all cases such consent may be granted or withheld in the sole discretion of Lender. CROSS COLLATERALIZATION. This Note will be cross~ollateralized/cross-defaulted with all other loans to the Borrower from the Lender. If at any time there is a default under this Note, all loans will be considered in default and all outstanding amounts under the loans will be immediately due and payable in full. °~ CONFESSION OF JUDGMENT. GUARANTOR HEREBY IRREVOCABLY AUTHORIZES AND EMPOWERS ANY ATTORNEY OR THE z PROTHONOTARY OR CLERK OF ANY COURT IN THE COMMONWEALTH OF PENNSYLVANIA, OR ELSEWHERE, TO APPEAR AT ANY TIME FOR GUARANTOR AFTER A DEFAULT UNDER THIS GUARANTY, AND WITH OR WITHOUT COMPLAINT FILED, AS OF ANY TERM, CONFESS OR ENTER JUDGMENT AGAINST GUARANTOR FOR THE ENTIRE PRINCIPAL BALANCE OF THIS GUARANTY, ALL ACCRUED INTEREST, LATE CHARGES, AND ANY AND ALL AMOUNTS EXPENDED OR ADVANCED BY LENDER RELATING TO ANY COLLATERAL SECURING THE INDEBTEDNESS TOGETHER WITH INTEREST ON SUCH AMOUNTS, TOGETHER WITH COSTS OF SUIT, AND AN ATTORNEY'S COMMISSION OF TEN PERCENT (10%} OF THE UNPAID PRINCIPAL BALANCE AND ACCRUED INTEREST FOR COLLECTION, BUT IN ANY EVENT NOT LESS THAN FIVE HUNDRED DOLLARS ($500) ON WHICH JUDGMENT OR JUDGMENTS ONE OR MORE EXECUTIONS MAY ISSUE IMMEDIATELY; AND FOR SO DOING, THIS GUARANTY OR A COPY OF THIS GUARANTY VERIFIED BY AFFIDAVIT SHALL BE SUFFICIENT WARRANT. THE AUTHORITY GRANTED IN THIS GUARANTY TO CONFESS JUDGMENT AGAINST GUARANTOR SHALL NOT BE EXHAUSTED BY ANY EXERCISE OF THAT AUTHORITY; BUT SHALL CONTINUE FROM TIME TO TIME AND AT ALL TIMES UNTIL PAYMENT IN FULL OF ALL AMOUNTS DUE UNDER THIS GUARANTY. GUARANTOR HEREBY WAIVES ANY RIGHT GUARANTOR MAY HAVE TO NOTICE OR TO A HEARING IN CONNECTION WITH ANY SUCH CONFESSION OF JUDGMENT, EXCEPT ANY NOTICE AND/OR HEARING REQUIRED UNDER APPLICABLE LAW WITH RESPECT TO EXECUTION OF THE JUDGMENT, AND STATES THAT EITHER A REPRESENTATIVE OF LENDER SPECIFICALLY CALLED THIS CONFESSION OF JUDGMENT PROVISION TO GUARANTOR'S ATTENTION OR GUARANTOR HAS BEEN REPRESENTED BY INDEPENDENT LEGAL COUNSEL. EACH UNDERSIGNED GUARANTOR ACKNOWLEDGES HAVING READ ALL THE PROVISIONS OF THIS GUARANTY AND AGREES TO ITS TERMS. IN ADDITION, EACH GUARANTOR UNDERSTANDS THAT THIS GUARANTY IS EFFECTIVE UPON GUARANTOR'S EXECUTION AND DELIVERY OF THIS GUARANTY TO LENDER AND THAT THE GUARANTY WILL CONTINUE UNTIL TERMINATED IN THE MANNER SET FORTH IN THE SECTION TITLED "DURATION OF GUARANTY." NO FORMAL ACCEPTANCE BY LENDER IS NECESSARY TO MAKE THIS GUARANTY -EFFECTIVE. THIS GUARANTY IS DATED JANUARY 18, 2000. THIS GUARANTY HAS BEEN SIGNED AND SEALED BY THE UNDERSIGNED. GU/1~t R: <'>:> X :' : ';:; ger LASER PRO, Reg. U.S. Pat. 8 T.M. Off., Ver. 3.27 (c) 2000 CFI ProServices, Inc. All rights reserved. IPA-E20 l3RANT.LN C1.OVL1 DISCLO~JRE FOR CONFESSION OF .,JDGMENT ~8orrower: Grant Electrical Contracting, Inc. Lender: Harris Savings Bank 1937 Spring Road 234 N. Second Street Carlisle, PA 17013 P O Box 1711 HaMsburg, PA 17105 ~suarantor: Alan G. Unger 236 Red Tank Road Boiling Springs, PA 17007 DISCLOSURE FOR CONFESSION OF JUDGMENT I AM EXECUTING, THIS ~ DAY OF ~^~~y~~'~ ,~ GUARANTY FOR AN UNLIMTED AMOUNT. A. 1 UNDERSTAND THAT THE GUARANTY CONTAINS A CONFESSION OF JUDGMENT PROVISION THAT WOULD PERMIT LENDER TO ENTER JUDGMENT AGAINST ME IN COURT, AFTER A DEFAULT ON THE GUARANTY, WITHOUT ADVANCE NOTICE TO ME AND WITHOUT OFFERING ME AN OPPORTUNITY TO DEFEND AGAINST THE ENTRY OF JUDGMENT. IN EXECUTING THE GUARANTY, 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 GUARANTY, I AM KNOWINGLY, INTELLIGENTLY, AND VOLUNTARILY WAIVING THESE RIGHTS, INCLUDING ANY RIGHT TO ADVANCE NOTICE OF THE ENTRY OF JUDGMENT, AND 1 EXPRESSLY AGREE AND CONSENT TO LENDER'S ENTERING ENT AGAINST ME BY CONFESSION AS PROVIDED FOR IN THE CONFESSION OF JUDGMENT PROVISION. INITIALS: `'?"~s.. %:'?: :::>?. 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 GUARANTY 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 GUARANTY, BEING FULLY AWARE OF MY RIGHTS TO ADVANCE NOTICE AND A HEARING AFTER JUDGMENT IS ENTERED AND BEFORE EXECUTION ON THE JUDGMENT, I AM KNOWINGLY, INTELLIGENTLY AND VOLUNTARILY WAIVING THESE :RIGHTS, AND I EXPRESSLY AGREE AND CONSENT TO _ '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 flNITIALS NEXT TO EACH STATEMENT WHICH APPLIES, 1 REPRESENT THAT: INITIALS 1. I WAS REPRESENTED BY MY OWN INDEPENDENT LEGAL COUNSEL IN CONNECTION WITH THE GUARANTY. _ ~~. A REPRESENTATIVE OF LENDER SPECIFICALLY CALLED THE CONFESSION OF JUDGMENT PROVISION IN THE 777~~~°4°°°°~~~~ GUARANTY TO MY ATTENTION. ~D. I CERTIFY THAT MY ANNUAL INCOME EXCEEDS 510,000; 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. AFFIA X ':° ,::::::::. (SEAL) Alan G. Unger LASER PRO, Reg. U. S. Pat. & T.M. Off., Ver. 3.27 (c) 2000 CFI ProServices, Inc. All rights reservetl. IPA-D30 ORANT.LN C1.OVLI 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: ~ ! `D~ ~ By: Na an 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 Plaintiffin 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 subscribe~d bne`for>e me this ~ day of ~ , 2003 1'h /~~~ Notary Public My Commission expires: Notarial Seal Sandra M. Aulbach, Notary Public City of York, York County My Commission Expires May 23, 2005 Member, PennsylvaniaASSOCiaUon of Notaries Benjamin F. 'ggs, J , 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: n3 By Benj F. , Jr. 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 $85,088.98 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 No. HARRIS SAVINGS BANK Plaintiff vs. ALAN G. LINGER Defendant Confession of Judgment CERTIFICATE OF SERVICE AND NOW, to wit, this ~~ day of a, 2003, I, Benjamin F. Riggs, Jr., Esquire, attorney for Plaintiff Waypoint B 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 requested, as well as first class mail, postage prepaid, on the Defendant, on the ~ ~ day of , 2003 as follows: Alan G. Unger 236 Red Tank Road Boiling Springs, Pa 17007 DATED: ~? By: 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 10 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. 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 $ 85,088.98 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. (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- - ..~ J SHERIFF'S RETURN - REGULAR CASE NO: 2003-01665 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 ,TrmrF UNGER ALAN G was served upon DEFENDANT the at 0845:00 HOURS, on the 17th day of April 2003 at 236 RED TANK RD BOILING SPRINGS, PA 17007 ALAN UNGER 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 Sworn and Subscribed to before me this G ~ day of abJ3 A.D. r-. ~ Pro honotar So Answers: R. Thomas Kline 04/21/2003 WAYPOINT BANK By. //~De uty Sheri f f /!/ y <nCp ~ ~ O ~ ~ ~ N `~ j ~i .-!. O w ~ 3 m ~~ ~, o ~, J~~~~~ ~ ~ Q.. ~'~~,~~ ° Y i /1 '^, a t Q7 N ~,r. O w ~ =~ .A ~ ~. 1~ t~ . (D -. 1 r~,,11 ~J`~ ^CJ~~ ~' •zza= coo ~ ~" Z~V1TC (v_~ a ~rcn=C^' .=~ '. -~ ~3 ~ 0 ~^'=° z° • '~n- ~ y y ~ N ~p1~ftZy m~ ~ r' J ~^ ~p,RRI~SeC N t ~`+ 1 ,~ G ~f~1 ~~ 9 ! °~ ~~ `'.2. ~ - r ik P ;~ 3 } s~ i <,' 3 x~ i8 [r j; ;r IJ i~ U- 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. UNGER A/K/A ALAN GRANT UNGER Defendant No 2003-01665 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 .........................$85,088.98 / Interest from 04/08/03 through 09/08/04... $ 4,568.61 TOTAL AMOUNT $89,657.59 with interest from 09/09/04 at such rate or rates as established by Plaintiff pursuant to the terms of the Note, currently $10.69 per diem, late charges from 09/09/04 at 5% of the monthly payment amount, currently $16.57 per month from 09/09/04, attorney's fees, costs of suit, and other charges. Dated: ~} ~ 115 , 2004 Benjamin . Rigg , J ., 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 AND HARRIS SAVINGS BANK Plaintiff vs. No. 2003-01665 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 .........................$85,088.98 Interest from 04/08/03 through 09108/04... $ 4,568.61 TOTAL AMOUNT $89 857.59 f~ DATE: HllS/D`I Signature: ~f/ Benjam~ Rigg . 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. C" .c: - ^~^\ ~, ~~ G V G ~~ ~' St, ~ 1" .~ ~ w ( ;' V• IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION WAYPOINT BANK, F/WA YORK FEDERAL SAVINGS AND LOAN ASSOCIATION HARRIS SAVINGS BANK Plaintiff vs. ALAN G. UNGER A/K/A ALAN GRANT UNGER Defendant No. 2003-01665 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 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 4. Name and address of the last recorded holder of every mortgage of Record: Name Waypoint Bank, f/k/a 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 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 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 unswom falsification to authorities. Date: ~}~'t 1 / 5~ ~o0`f By: y9e.~ _ ~ Benjamin F. (2iggs, r. Attorney for Plaintiff 235 North Second Street P.O. Box 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/WA HARRIS SAVINGS BANK AND YORK FEDERAL SAVINGS AND LOAN ASSOCIATION Plaintiff No. 2003-01665 vs. ALAN G. UNGER A/K/A ALAN GRANT UNGER Defendant 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 ~ day of r~' ~ , 2004, a Notice of Sheriffs Sale in the above-captioned case was mailed, via first class mall, postage prepaid, to the following: 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 Copy of Proof of Mailing is attached hereto. Sworn and subscribed to before me this 15 day of , 2004 (~~~; Nota Pub My Commission expires: Notarial Seal Dawn M. Gutierrez, Notary Public City of York, York County My Commission Expires Apr. 15, 2006 Member, PennsyNanie Association nr Notaries By: Benjamin F. iggs~'J ~" Attorney for the Plaintiff I.D. No. 72030 (717) 815-4518 ~~ ~3 .5 S ~ LL w ~.! ~ ~ ~ ~ ~ g ~, ~~ ~~~~~~ iv v 4!/1LL N m =_ ¢ ~ m ~ O~ ~ NLL `ac m hmw m ¢v d w m ~ ¢ LL L E ._ U o v ~ v E u a ~ m a ~ cwO u o € N U ~'CO ~ j~ uaa d ~ v~ ~ m o - > ~ _ o y ~ ~ o ~ n d 6 m h -c > v a m ~ m .¢ ° a - n v „ a S~ptJ~4 d o m m N~S`a 4~ ~ n 55 3 3 ~' = ~ J ~S p0 z a i m U p~ o¢O^ ~ d v n ~ v ~9 ~_ LL N w~ o~ ~ ° m v ~ ~~Qa ~ N ~ ~ X ¢-°-w a° m~ ~~ °a .a° N a °a v drnh~Y Wv om uQ CUU ~~~~~ h O ,a W Q ^ W J ~ any ~^~ J X m oN Zm~ rqa ¢ax m w C d Eyin m Za`o P~'~ SS ~O QP ~ s @~!-Ab~x o" 1 X1,5 P~ O A .=~ i ^\p O~ ~ ~ I tit J la ~ Q~~ l~~ ~~~i ~ ._~ T ~~ ~ ~ ~ :~ ~. - < Y ~ o. ~ .w C Q; ~ C- " 3~ ~1 °'? jV~ s a ~ ~ ~~ V d , =~ a o F ~ .~ ~ ~ ~~~. 3~~ ,' 2 s~ ~Q. N ~1MjTJ ~4~ ~~~T J e .. j ~ ~ ~~ S~ ~ v 2 ~ ~~-~: O V J l j 9"1 ~( ~ t~ <n E ~ ICJ ~<<. rl'~ y ((~ m .Y 6~ J ~ 3 ~', ~~ 5 z ~a ~~~LL .~ _ ' 1 ~ Y ~5'a~ ..fl~~~~ ~~ h~ sh x r_ y N ~ ~ ~ NT' ~a C j N t`7 f V N tD f~ c0 W O ~ N (~ a N m.m m U E,~~Yo~ a @ w o° °c v =~v ..~ ~d -o~ °~~`` m'^„E vz F-~+n m_ m $ m ~N~~ ~v 8 aw ~ ~ w ~ N a E o° o c dEC 5c ~E~' o 9dEwof c~€N~v E v =a&°amo a vna v ~~ `m ~' `m .Y ~ ~$ ~ ^ 2 h~'oEm iS ~ `~mN~m o ~ n ~ a a 0 wa"~ 'gym m 8 ~, .~ o m~ ~ E v E ~ '3 c .. a o'P m E1=~~ac c m T~`~Oh~'--c w Ana u~~a C o ~ =' n b y s A ~ ~v8~~W9a w a ~ u E W~ do ~~v ~. ~oa ~ vom~vm ~ Na C nwE SE o Y 3 T H a ~' 9 .d, E ~ a c o z U N d R m o j E i ., ~ E `w IL a .._. v m v \, E u° U yk ~ a~ 0 0 va ~~ z ~ ¢ \~ v z v \ a C~ IL v ~ n r °a V~ r a m M ~r~_ E Zn `o ~ v LL ~ ~ N a IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION WAYPOINT BANK, F/WA HARRIS SAVINGS BANK AND YORK FEDERAL SAVINGS No. 2003-01665 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/k/a 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. 2003-01665 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: ~Pfl ~ 1So20b~f By: Benjami F. igg^s~quire 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/K/A HARRIS SAVINGS BANK AND YORK FEDERAL SAVINGS No. 2003-01665 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 alkla 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 SHERIFFS 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 2003-01665. THE NAME OF THE OWNER or REPUTED OWNER OF THESE PROPERTIES IS: ALAN G. UNGER A/tVA 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 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 atone 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 pre ntatio, o he petition to the Court. DATE: H~15 J6y gy. Benjamin F. Riggs, .! . 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. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 03-1665 Civil CIVIL ACTION -LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due WAYPOINT BANK, f/Wa YORK FEDERAL SAVINGS AND LOAN ASSOCIATION and HARRIS SAVINGS BANK Plaintiff (s) From ALAN G. LINGER a/Wa ALAN GRANT UNDER, 236 RED TANK ROAD, BOILING SPRINGS PA 17007. (1) You are duetted to lery 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 H) # 40-09-0527-039) ALL THOSE TRACTS OF LAND SITUATE, LYING AND BEING IN SOUTH MH)DLETON 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 aze directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $85,088.98 L.L.$.50 Interest 4/8/03 TO 9/8/04 @ $10.69 per diem = $4,568.61 Atty's Comm % Due Prothy $1.00 Arty Paid $59.83 $16.57 PER MONTH Plaintiff Paid Date: APRIL 19, 2004 (Seal) Other Costs LATE CHARGE FROM 9/9/04 @ CURTIS R. LONG ~ Prothonotary" ~~f( J Deputy REQUESTEQG PARTY: 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 IN THE COURT OF COMMO FENNSYLOVANIA BERLAND COUNTY, CIVIL ACTION WAYPOINT BANK, F/WA YORK FEDERAL SAVINGS AND LOAN ASSOCIATION HARRIS SAVINGS BANK Plaintiff vs. ALAN G. UNGER A/K/A ALAN GRANT UNGER Defendant No. 2003-01665 CONFESSIOIV OF JUDGMENT AMENDED AFFIDAVIT PURSUANT TO RULE 3129.1 Waypoint Bank, f/k/a Harris Savings Bank and York FedE;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 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, a,s 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/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 ~~^~rtained olease do indicate Washington Mutual Bank, F.A. Fede man & Phelan LLPsquire 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 of every mortgage of Record: Name Address (if address cannot be reasonably ascertained please do indicate Waypoint Bank, f/kla P.O. Box 1711 Harris Savings Bank and Harrisburg, PA 17105-17'11 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 ~vho has any record interest in the property and whose interest may be affected by the sale: Name Address (if address cannot be reasonably ~~^~rtained clease do indicate Cumberland County Tax Ca lisle, PAv17013igh StreE;ts Claim Bureau 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 relating to unsworn falsification to authorities. Date: ~ ~ By: ti Benjamin F. iggs, J . Attorney for Plaintiff 235 North Second Street P.O. Box 1711 Harrisburg, PA 17105-1711 (717) 815-4518 LD. No. '12030 ,u -: _~ ~-a ,~ ~_ ~ ': ~: ~ : _ . _ a ~,' ~ ~j ~ . -nrn _3C7 ` ~I ~: ~V ~` .~~ .. =:.f ..{ c.!7 .`zr IN THE COURT OF COMMON PLEC vOFACTI^ON RLAND COUNTY, PENNSYLVANIA 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. 2003-01665 CONFESSION OF JUDGMENT AMENDED AFFIDAVIT OF MAILIIVG Before me, a Notary Public in and for said County and Commonwe:alth, the undersigned officer, personally appeared Benjamin F. Riggs, Jr., Attorney for Waypoin4 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 4T" day o1` August, 2004, a Notice of Sheriffs Sale in the above-captioned case was mailed, via first class mail, postage prepaid, to the following: 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 17128-094E~ Capy of Proof of Mailing is attached hereto. Sworn and subscribed to before me this 4'" day of A ust, 2 04 L Notary Public My Commission expires: By:-~ Benjamin F. iggs, Attorney for the Plaintiff I.D. No. 7'2030 (717) 81 Ei-4518 NOTARIAL SEAL TONIA A. EMSWILER, NOTARY PUBLIC M COMM SSRON FXP RES NOVEMBER 25, 2006 ~ _ r 1 ~ ~ 1 r ~ (O W J m O N A W N 1 r ~ y Z N a 3 ~ T '" m N A W N R 0 A O_ 3 ~ Z ~ ~ C w m o ~3 '~ ° - ~ ~ ~ v J o m 3n ~ ~ c m m N m P C w u m 3 H m v ~ ~ O Z '3 m c ~3 35^ ~~ _m $_m ~m x o N~ m$~ 2 m m, d m 9~ L' m w m m m c N o ~ n N ~ N ~r '+r m _ yMy~ p j N mmo ~5m o'" ~~m ~3oc ,.m o ~ d 3 ~,~ a n 0 -m38d= m ?: ~ _ 'o ~ w go~3.8~0 m .« m° c x 8 ~ ~ c ~ ~ fo ~ m ~ ~ n m n ~ ~_ ? N H ~ x 3 m a m_ i9 0 ~ o' rv'--. in~N'm_ 03_ 'S, 383 `" B.ro m° ° n N u 3 m 3 4.m ~Z m mvmp m -1 ~1D wd~m ~ o _ o -'" moo `O 3 w'ofm53 'amp°'^- N 'n o ~ m ~ °m 00~~~3 poem H~ t L' ~. e" C ~ ~.. ~ ~ -I ~ z-G ,~ ~~ t N= m ~ ~. ~ ~, m m O m f : z ~ a ~ r . / ~ ~, . M ~ ~ ~ ~ ^~ ~ ~ 1~ C u c L' ~ m > ~ F } < ~ r ". R (' C'_ .1 n ~ 'n ' r` i ~ o , b: ~ N 'p !_ - O fi. ~~ ~ t' ~i ~ a ~ OD~~a m O u m m ~ p ~ .= V ' v ~^ ° o.m°m `C r. ~ V n 3 ... ~~ ~m t o x ~ ° m m' 9 ~ ra o m `"m m '^ ~ 9 ;° mm m.m°~m T _a n_ d. m ° `° o m q: ° 2 ^0310 '~~ ~°' ~@~.o w o _ 3 N F m ~ ~ ~ m ro o m v o'm_ °'9 p ~~ m-moo a ~.. mw~O tl" ~.w 5 _N v m C J ~ i /. / N ~ 4. ro 6 - m O :N,II Y~ - _ m x <N O ti- __- a Lady x c m ~ = x CJ U1 o ~ ~$ L` V ~ ~ ~ a m 3 m ~i . x pv ~ q: ~i o m' 3 a m m ~ 'a~~' r~ . O o5 m D m ~ - m'30 ~ o n T N Q m O m - m m T N 'O m ~ ~ 1 _- ~-, ~~, s:: -;_~ ~- ,, ~ : .~ r,;,:,, c-,-: <,' v ~~ -~ -:. `~.~ cn ~~ -~ ~, --+ -T- -r~ fIl-_.. „c~~' <,; <ri ~!' l IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA WAYPOINT BANK, F/WA HARRIS SAVINGS BANK AND YORK FEDERAL SAVINGS AND LOAN ASSOCIATION Plaintiff CIVIL ACTION No. 2003-01 fi65 CONFESSION OF JUDGMENT vs. ALAN G. UNGER A/K/A ALAN GRANT UNGER Defendant AMENDED NOTICE PURSUANT TO PA. R.C.P. 3129.2 judgment orHaxRieBs aglainst the real Iestalte of Alan G hUn9olld a~k/a Alan Grant Unger: 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 clo Matthew R. Battersby, Esquire P.O. Box 215 Fairfield, PA 17320 Department No. 280946 Harrisburg, PA 17128-0946 You are hereby gotified 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 V~'aypoint Bank, f/k/a Harris Savings Bank and York Federal Savings and Loan Association v:s. Alan G. Unger a/kla Alan Grant Pubic Sale n00he Court Househ One Courthousle Squa~enCarPslenPAa117013,1 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 6'10 Alexander Spring Road, Carlisle, BEING ~i0nlSouth Midd eton0 TOowOnship, Cou my of CumbeErland and Commonwealth of Pen sylNania, aDs 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: ~ By' j Benjamin F. iggls, J quire Attorney for Plaintiff I.D. No. 72030 (717) 815-4518 Exhibit A ALL THAT TRACTS OF LAND SITUATE, LYING AND BEIIVG 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; ar~d 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. C1 ~v c-, .x- 'r} i ~ '~ Ja. S_ CCi f~7~r1 ~ ~ ! 1 ~ ~; -'7 f'rl ,; 4, _ ~,_ ~° `~ a z ~ -.~ CJ7 =P .f:" _< a DEC 0 ? 2004 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. 2003-01665 AND HARRIS SAVINGS BANK Plaintiff : vs. ALAN G. UNGER A/K/A : ALAN GRANT UNGER Defendant ORDER AND NOW, this ~_ day of ~ 2004, upon consideration of Plaintiffs 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 THI~~OURT:, ~%' Judge ~ ~~~ _ ~" lyZ~y ~~ ~, - ri1 + e~~ 9 h ~'I(~9r „'L~~~ }% } i t4~'~ 33 ,, r~ ~iQ ~~3 !! L~ ~~Q ~~50~ ~~ _ _ r t..~ .., IN THE COURT OF COMMON PLEAS OF CUME3ERLAND COUNTY, PENNSYLVANIA ACTION- -MORTGAGE FORECLOSURE WAYPOINT BANK, F/K/A YORK FEDERAL SAVINGS AND LOAN ASSOCIATION No. 2003-01665 AND HARRIS SAVINGS BANK Plaintiff vs. ALAN G. LINGER A/K/A ALAN GRANT LINGER 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 thi:~ 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 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 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 Plaintiff's 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, Feder~~l 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 Courl:deems appropriate. Respectfully submitted, Benjamin . Rigg , Attorney for Plaintiff P.O. E~ox 1711 Harrisburg, PA 17101-1711 (717) 815-4518 I.D. No. 72030 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ACTION- -MORTGAGE FORECLOSURE WAYPOINT BANK, F/WA YORK FEDERAL SAVINGS AND LOAN ASSOCIATION AND HARRIS SAVINGS BANK Plaintiff vs. No. 2003-01665 ALAN G. UNGER A/K/A ALAN GRANT UNGER Defendant CERTIFICATE OF SERVICE I HEREBY CERTIFY that on t~~~~b~r C~ _, 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 ar~d incorporated by reference. Dated: ~ By: -~ Benjamin F. Riggs, J . Attorney for Plaintiff P.O. Box, 1711 Harrisburg, PA 17105-1711 Phone: 0717) 815-4518 I.D. No. 72030 ~ ~~ _ ~~ ~ ~ t.:a . ~_ r ~ .r ~. ~~ , - -i t' f .~~~ 1` ~~; ~ ,y~-,r `\ ~ ~+: ~ Waypoint Bank f/kfa York Federal In The Court of Common Pleas of Savings and Loan Association and Cumberland County, Pennsylvania Harris Savings Bank Writ No. 2003-1665 Civil Term VS Alan G. Unger alkfa Alan Grant Unger 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 Writ, Notice of Sheriff s 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 that on July 26, 2004 at 5:48 0' 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-O1 l 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 named defendant, to wit: Alan G. Unger, by regular mail to his last known address of 236 Red Tank Road, Boiling Springs, PA 17007. This letter was mailed under the date of July 2f 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 15.03 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 191.00 Patriot News 213.28 Share of Bills 30_49 $766.08 Sworn and subscribed to before me So Answers: ~~~ ~~~ This ~ day of~ R. Thomas Kline, Sheriff Z00$, A.D. ~ p r onotary ~ BY V 6 C~ c. Real Estate eputy I •~~ ~ ~~ ~~, .r y.3v IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA CIVIL ACTION WAYPOINT BANK, F/WA YORK FEDERAL SAVINGS AND LOAN ASSOCIATION HARRIS SAVINGS BANK Plaintiff vs. ALAN G. UNGER A/K/A ALAN GRANT UNGER Defendant No. 2003-01665 CONFESSION OF JUDGMENT AFFIDAVIT PURSUANT TO RULE 3129.1 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 Midd{eton County of Cumberland and Commonwealth of Pennsylvania, as more fully described in 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: filed to Name Address Alan G. Unger alkla 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 Name Waypoint Bank, flkla 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 5. Name and address of every other person who has any record lien property: Name N1A Address (if address cannot be reasonably ascertained, please do indicate) 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) South Hanover & High Streets Carlisle, PA 17013 7. Name and address of every other person of whom the plaintiff has kn. 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) lien their in the 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 rein are made subject to the penalties of 18 PA G.S. Sec. 4904 relating to unsworn fatsit ation to authorities Date: ~ ~i ~ 15 ,~y0`f r Benjamin F. iggs, r.. Attorney for Plaintiff 235 North Second Street P.O. Box 1711 Harrisburg, PA 17105-1711 (717815-4518 I.D. No. 72030 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL' CIVIL ACTION WAYPOINT BANK, F!K/A HARRIS SAVINGS BANK AND YORK FEDERAL SAVINGS No. 2003-01665 AND LOAN ASSOCIATION Plaintiff vs. CONFESSION OF JUDGMENT ALAN G. UNGER A/K/A ALAN GRANT UNGER Defendant 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} wilt be held on September 8, 2004, in t! 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 con of a statement of the measured boundaries of the property, together with a brief mention of th 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 Exhibit A, attached hereto and made a part hereof. THE JUDGMENT under or pursuant to which your properties are being sold is docketed 2003-01665. THE NAME OF THE OWNER or REPUTED OWNER OF THESE PROPERTIES ALAN G. UNGER A/IVA ALAN GRANT UNGER A SCHEDULE OF D{STRIBUTION, being a list of the persons, and or gavernmentaf or corporate entities or agencies being entitled to receive a part of the proceeds of the sale re ived and to be disbursed by the Sheriff (for example to banks that hold mortgages and municipal ies that are owed taxes) will be filed by the Sheriff within thirty (30) days after the sale and distributi of the proceeds of sale in accordance with this schedule wilt, 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 ounty, Cumberland County Courthouse, One Courthouse Square, Carlisle, PA 17013. THIS PAPER IS A NOTICE OF THE T1ME AND PLACE OF THE SALE OF YOUR It has been issued because there is a judgment against you. It may cause your property to b held, to be sold or taken to pay the judgment, You may have legal rights to prevent your property f m being sold or taken to pay the judgment. A lawyer can advise you more specifically of these ri hts. you wish to exercise your rights, you must act promptly. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. GO TO OR 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 atone of 1 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 anc 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 pre ntatiori o rthe petition to the Court. DATE: ~ l~ 6~ By: ~ ~~~ Benjamin F. Riggs, 3 . 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, describes follows: Tax ID. #40-13-0126-045 being an unimproved 63.53 acre parcel located Red Tank Road, Boiling Springs, PA 17007; Tax !D. #40-13-0126-011 being an unimproved 11.6 acre parcel located on Red Tank Road, Boiling Springs, PA 17C Tax ID. #40-13-0126-010A being an unimproved parcel, containing 7 acres more located on Red Tank Road, Boiling Springs, PA 17007; and Tax ID. #40-09-0527 being known and numbered as 610 Alexander Spring Road, Carlisle, PA 17013, commercial building located thereon, parcel containing 1.843 acres exclusive of tt dedicated right-of-way of Alexander Spring Road. as less a WRIT OF EXECUTION andlor ATTACHMENT COMMONWEALTH OF PENNSYLVANIA} COUNTY OF CUMBERLAND) NO 03-1665 Civil CIVIL ACTION - TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due WAYPOINT BANK, fflJa YORK FEDERAL SAVIN AND LOAN ASSOCIATION and HARRIS SAVINGS BANK Plaintiff (s) From ALAN G. UNGER afWa ALAN GRANT UNDER, 236 RED TANK ROAD, BOILING SPRINGS PA 17007. (1) You aze 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 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 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 defendar (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 aze directed to notify himlher that helshe has been added as a garnishee and is enjoined as above stated. Amount Due $85,088.98 L.L.$.50 Interest 4/8103 TO 9!8104 @ $10.69 per diem = $4,568.61 Atty's Comm % Due Prothy $1.00 Atty Paid $59.83 Other Costs LATE CHARGE FROM 919104 @ $16.57 PER MONTH Plaintiff Paid Date: APRIL 19, 2004 CURTIS R. LONG Protho tary ~ (Seal) By: Deput~ REQUESTING PARTY: 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 #29 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-O1 l and Tax ID # 44-13-0126-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:..~ec~! sue, ~c, Real Est~1e Deputy bltl'~?~~FSSN3d hQ~ ~~ LZ ~ ~Z~ 8dd' CJ'i ~~ A~iuPd~~,~, ;~it~13, ~#id9~s ~4, ac; 3^~f~ REAL E WM ` Wav I a l .., 1v11Tarni~~ Int Bank fJkla ~ I Saviriga and Loan_ clwtlpn and. 3auinga 8enk - Ya ~ G. Unger... ND aiWate, t Tawoahip, I; ., °n l >tx ed ~ on Road, exclusive of the dedi-rated right-oS-way of Alexander Spriag Road. REAL ESTATE SALE NO. 29 Writ No. 2003-1665 Civil Waypoint Bank, f(k(a York Federal Savings and Loan Association and Hams Savings Bank vs. Alan G. Unger, a/k/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 Pennsylvanta, described as fol- lows: Tax ID. #4D-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 unim- proved 11.6 acre pazce] located on Red Tank Road, Boiling Springs, PA 17007; Tax ID. #40-13-0126-O10A being an ummproved 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 5pdng Road, Carlisle, PA 17013, with a commer- cial building located thereon, paz- ce] containing 1.843 acres exclusive of the dedicated right-of-way of filexander Spring Road. WAYPOINT BANK, formerly known as YORK FEDERAL SAVINGS AND LOAN ASSOCIATION AND HARRIS SAVINGS BANK, Plaintiff vs. ALAN G. LINGER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION- : CONFESSION OF JUDGMENT NO. 2003-1665 PRAECIPE Kindly mark the above-captioned matter settled, discontinued and ended, and costs paid, and judgment satisfied. BARLEY SNYDER LLC By: eor .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 1901691-1 ~ ~ ~-., ~ ..ri c:;: -' -ti " "'~~~ ~.^ 4r/ ~• 7 . ' ~ ,~tj~ ~/ i r, ; ~~ }``.~ . _. ~'~`