HomeMy WebLinkAbout04-0813Godfrey & Courtney, P.C.
BY: Steven C. Courtney, Esquire
Attorney I.D. No. 74669
P.O. Box 6280
Harrisburg, PA 17112
(717) 540-3900
COMMUNITY BANKS,
V$o
Plaintiff
FREDERICK L. SULLENBERGER and
KRIST1E L. SULLENBERGER
Defendant
Attorney for Plaintiff
IN THE COURT OF COMMON
PLEAS, CUMBERLAND COUNTY,
PENNSYLVANIA
NO. 0 q- ft'3
MORTGAGE FORECLOSURE
ACTION
THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING
TO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION
OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF
COLLECTING THE DEBT.
NOTICE TO DEFEND
Pursuant to PA RCP No. 1018.1
You have been sued in court. If you wish to defend against the claims set forth in the
following pages, you must take action within twenty (20) days after the Complaint and notice are
served, by entering a written appearance personally or by attorney and filing in writing with the
court your defenses or objections to the claims set forth against you. You are warned that if you
fail to do so the case may proceed without you and ajudgment may be entered against you. You
are warned that if you fail to do so the case may proceed without you and a judgment may be
entered against you by the Court without further notice for any money claimed in the Complaint
or for any other relief requested by the Plaintiff. You may lose money or property or other rights
important to you.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO
NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW.
THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER.
IF YOU CAN NOT AFFORD TO }tIRE A LAWYER, THIS OFF[CE MAY BE ABI. I!
TO PROVIDE YOU WITH iNFORMATION ABOUT AGENCIES THAT MAY OFEI!R
LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE.
Can~berland County Bar Association
2 Liberty Avenue
Carlisle, PA 17013
(717) 249-3166
EN LA CORTE DE ALEGATOS COM 10N DEL CONDADO DE CUMBERLAND,
PENNSYLVANIA
DIVISION CIVIL
AVI S O PARA DEFENDER
Conforme a PA Nfim. l 018.1
USTED HA SIDO DEMANDO/A EN LA CORTE. Si usted desea defender conta la
demanda puestas en las siguientes pfiginas, usted tienen que tomar acci6n dentro veinte (20) dias
despu~s que esta Demanda y Aviso es servido, con entrando por escrito una aparencia
personalmente o por un abogado y archivando por escrito con la Cone sus defenses o objeciones
a las demandas puestas en contra usted. Usted es advertido que si falla de hacerlo el caso puede
proceder sin usted y un jazgamiento puede set entrado contra usted por la Corte sin mils aviso
por cualquier dinero reclamado en la Demanda o por cualquier otro reclamo o alivio solicitado
por Demandante. Ustedpuede perder dinero o propiedad o otros derechos importante para usted.
USTED DEBE LLEVAR I~STE PAPEL A SU ABOGADO ENSEGUIDA. SI USTED
NO TIENE UN ABOGADO, VAYA O LLAME POR TELi~FONO LA OFICINA FIJADA
AQUi ABAJO. ESTA OFICINA PUEDE PROVEERI2 CON 1NFORMACION DE COMO
CONSEGUIR UN ABOGADO.
Si USTED NO PUEDE PAGARLE A UN ABOGADO, I~STA OFICINA PUEDE
PROVEER]2 INFORMACION ACERCA AGENCIAS QUE PUEDAN OFRECER
SERVICIOS LEGAL A PERSONAS ELIGIBLE AQ UN HONORARIO REDUCIDO O
GRATIS.
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, PA 17013
(717) 249-3166
COMMUNITY BANKS,
VS.
Plaintiff
FREDERICK L. SULLENBERGER and
KRISTIE L. SULLENBERGER,
Defendant
IN THE COURT OF COMMON
PLEAS, CUMBERLAND COUNTY,
PENNSYLVANIA
NO.
MORTGAGE FORECLOSURE
ACTION
THE FOLLOWING NOTICE IS BEING PROVIDED PURSUANT TO THE FAIR DEBT
COLLECTION PRACTICES ACT, 15 U.S.C. §1601:
The undersigned attorney is attempting to collect a debt owed to the Plaintiff, and
any information obtained will be used for that purpose. The amount of the debt is
stated in this Complaint. Plaintiff is the creditor to whom the debt is owed.
Unless the Debtor, within thirty(30) days after your receipt of this notice disputes
the validity of the aforesaid debt or any portion thereof owing to the Plaintiff, the
undersigned attorney will assume that said debt is valid. If the Debtor notifies the
undersigned attorney in writing within the said thirty (30) day period that the
aforesaid debt, or any portion thereof, is disputed, the undersigned attorney shall
obtain written verification of the said debt from the Plaintiffand mail same to
Debtor. Upon written request by Debtor to the undersigned attorney within said
thirty (30) day period, the undersigned attorney will provide Debtor with the
name and address of the original creditor if different fi'om the current creditor.
Steven C. Courtney, Esquire
Attorney I.D. No. 74669
P.O. Box 6280
Harrisburg, })A 17112
(717) 540-3900
Attorneys l'or [%inti fl'
COMMUNITY BANKS,
VS.
Plaintiff
FREDERICK L. SULLENBERGER and
KRIST1E L. SULLENBERGER,
Defendant
IN THE COURT OF COMMON
PLEAS, CUMBERLAND COUNTY,
PENNSYLVANIA
No.
MORTGAGE FORECLOSURE
ACTION
COMPLAINT
AND NOW, comes Plaintiff, Community Banks, by and through its attorneys, Steven C.
Courtney, Esquire and Godfrey & Courtney, P.C., and states the following cause of action and in
support thereof, avers as follows:
I. Plaintiff, Community Banks is a financial institution authorized to conduct
business in the Commonwealth of Pennsylvania with a principal place of business located at P.O.
Box 350, Millersburg, Dauphin County, Pennsylvania, 17061.
2. Defendants, Frederick L. and Kristie Sullenberger, are adult individuals whose
last known address is 24 Lancaster Avenue, Enota, Cumberland County, Pennsylvania 17025.
3. On or about October 27, 2000, Defendants executed and delivered a Mortgage
and Note in the sum of $226,500.00 payable to Plaintiff'. A true and correct copy of said
Mortgage and Note is attached hereto, incorporated herein and marked Exhibit "A".
4. The aforesaid Mortgage upon the real estate hereinafter described was recorded in
the Recorder of Deeds Office of the within County and Commonwealth in Mortgage Book 1649,
Page 1096, conveying to original Mortgagee the subject premises. Said Mortgage is attached
hereto as Exhibit "A".
5. The land subject to the Mortgage attached hereto as Exhibit "A" is located at 167
Enola Road, Enola, Cumberland County, Pennsylvania 17025.
6. The Defendants executed an Assignment of Rents and Leases on October 27,
2000 for the above described real property. A true and correct copy of the Assignment is
attached hereto as Exhibit "B".
7. The said Defendants are the real owners of the land subject to the Mortgage
attached hereto as Exhibit "A".
8. The Mortgage is in default due to the fact that Mortgagors have failed to timely
pay the monthly installments and the following amounts are due on the Mortgage:
(a) Unpaid principal balance $203,127.96
(b) Interest at $55.0138 per day
to 10/26/03 $6,009.25
(c) Accmmllated late charges $840.32
(d) Escrow $00.00
(e) Penalty fees $30.00
(f) 5% Attorney's Comxnission $10,156.40
(g) Title search costs $125.00
TOTAl, $220,288.93*
*Together with interest at the per diem rate noted in (b) above after October 26, 2003. and other
charges and costs to date of Sheriff's Sale.
The attorney's l'ccs set forth above are in contbrmity xvith the Mortgage documents and
Pennsylvania law, and will be collected in the event ora third party purchaser at Shorit'ffs Sale.
If the Mortgage is reinstated prior to the sale, reasonable attorney's fees will be charged that are
actually incurred by Plaintiff.
9. No judgment has been entered upon said Mortgage in any jurisdiction.
10. Notice of intention to foreclose and accelerate the loan balance pursuant to
Pennsylvania Act No. 6 of 1974 is not required in that the original principal balance exceeds
$50,000.00.
11. Defendant is not a member of the armed Forces of the United States of America,
nor engaged in any way which would bring them within the Soldiers and Sailors Relief Act of
1940, as amended.
12. Plaintiff mailed to Defendants a copy of the Default Notice on December 2, 2003.
A true and correct copy of the Default Notice is attached hereto as Exhibit "C
WHEREFORE, Plaintiff demands judgment in mortgage foreclosure "IN REM" for the
aforementioned total amount due together with interest, together with other charges and costs
including escrow advances incidental thereto to the date of Sheriff's Sale and for foreclosure and
sale of the property within described.
Dated:
By J /J
Steven ~ney, Esquire
GODFREY COURTNEY
Attorney I.D. No. 74669
2215 Forest Hills Drive
P.O. Box 6280
Harrisburg, PA 17112
(717) 540-3900
Attorneys lbr Plaintiff'
VERIFICATION
I, Steven C. Courmey, Esquire, hereby certify that the following is correct:
The facts set forth in the foregoing Complaim are based upon information which I have been
furnished by my client as well as upon information which has been gathered by me and/or others
acting on my behalf in this matter. I have read the Complaint and to the extent that it is based upon
information which I was given by my client, it is true and correct to the best of my knowledge,
information, and belief. I hereby acknowledge that the facts set forth in the aforesaid Complaint re
made subject to the penalties of 18 Pa. C.S.A. ~490~ relating to 7~falsification to authorities.
Date: '~00~,~
REOOhucr Oi:'
Gu~4BERLA[.iO COUtlTY-PA
'OONOg 2 PF1 2 11
After Recordation Return to:
Co--unity Banks, N.A.
6700 Der~ Street
Harrisburg, PA 17111
OPEN-END MORTGAGE
ADDRESS ADDRE$~
24 Lancaster Avenue 24 Lancaster Avenue
Enola, PA 17025 Enola, PA 17025
OBLIGATIONS. This Morigage shall secure the payment and performance of ail indebtad~e~ IL~l~l.~.0ob~igations and cove=3ants of Sorrower
government nor the state where the Pmparty Js located nor any other govemm~ental or quasi governmental entity has liled & lien on the Pmparty.
wastes defined as a 'hazardous substance' pumuant to Sectkm 101 of ~,e C.,o~pmhems~ve Environmental Re~pa~sth Compensation and Uability
. . . ~ of the property, and then to the payment of the Otsigatioas secured by
without Lender's prior written CO~Se~t, shall not: (a) colts~t any n~ntss payable ur!der any Agreement rno~e than one mooth In edvence; (b) medi~y
any Agreement; (c) assign o*' allow a Iten, security Intorsst or other Incumbrance to be ptsced up~3~l Mortgogol's rights, ttlIe and~iof~'est In and to any
shall be endorsed with a standard mortgage clause In, favor of Lender and provide that no act or on~sskm ol Mortgege~ or any+~her person shall
Mortgagor will immediately provide Lender with written notice of any proposed changes to the zoning provlsidns or ixivats covenants alfecting the
Property.
Property.
counsel to detsnd such Claims st Mortgagor's COSL Moctgogor'~ of~lgaflo~l to inben~ty Lender under this paragraph'shalI s.u~'~.e the tem~ination
· 17. ESTOPPEL CERTIFICATES. Within te~, , ,0) days after any request by Lender, M~tgagor sba,, ,~tver lo Lender, or any intended trar~sferee of
~ander's rights with respect to the Obligations, a signed and acknowledged s~ternenl specifying: (;~) the outstanding balance o~ the Obligations;
and (b) whether Mortgagor possesses any clairns, defenses, set-offs or counterclaims with respect to the Obligations and if so the natur~e of such
c~aims, defenses, set.offs or ~ounterclalms. Mortgago~ will be conclusively bound by any representation that Lender may rneke to the intended
~., at th~ aedras$ dascd~ io thia ~°"gaga·, '~00~ 164,9 rA~lO~ ,.o~ ~ ~
31. AppLICABLE LAW. This Mortgage shall be governed by the laws of the state where the Property is located. Unless applicaMe law provides
co~sen! te the modgicadon of any provision of the Mortgage, in Lendm% sole dlscrette~
33. PRESERVATION OF LIABILITY AND PRIORITY. Without effe~ring the IInb~lity of Borrower, Mortgagor, or any guarantor of t~e obligations, or any
other person (except a person expressly released in wrffthg) tor the payment and performande of the Obrigarions, and without affecting the rights of
Ler~der with respect to any Property not expreSsly released In writing, end without impairing in any way the priority of this Mortgagl~' over the interest of
any person acquired or grst ev~ga~ced by recording subeequent to;the .recording of this Mortgage, Lender may, either before ,or~fter the maturity of
remedy i~at Lender may have ura:ler the Modgaga; ac~edt added'mi security ol any kled for any of the Ob~igatJor~; or release~o~)therwise deal with
WARNING: READ BEFORE SIGNING - YOU ARE WAIVING IMPORTANT RtGHT~
;NW~TNESSWHERE~F'M~rtgag~rhascausedthlsinstrumentt~beexe~utedasasea~ed~r~strument~s 2?th dayof October.
MORTGAGOR:
IORTGAGOR; MORTGAGOR:
!ORTGAGOR:
person whose name is subscribed Io the within instrument and acknowledged that he/she ex~uted the same for
My Ccrm~ss~ Expil~* y Ccmmleslo~ Expires Mar. I~,-2~ {
WITNESSmy hand and seal the day and year aforesaid.
CERTIFICATE OF RESIDENCE
6700 Derry Street Harrisburg, PA 17111
Witness my hand this ~'~ dayof
See attached legal descriptions
TAX PARCEL NO. 09-14-0832-271
ALL THAT CERTAIN tract or parcel of land and premises, situate lying and being in
the Township ~f East Pennsboro, in the County of Cumberland, and Commonwealth of
Pennsylvania, more particularly described as follows:
BEGINNING at an iron pin on the West side of U.S. Routes 11 and 15 at line of
property now or formerly of L.S. Shearer; thence along the western side of U.S.
Routes 11 and 15, South 5 degrees 9 minutes 30 seconds West a distance of 180
feet to an iron pin at line of lands of Caroline S. Bucher; thence along lands of
Caroline S. Bucher, North 84 degrees 50 minutes 30 seconds West, a distance of
150 feet to an iron pin; thence continuing along said property of Caroline S.
Bucher, North 5 degrees 9 minutes 30 seconds East a distance of 180 feet to an
iron pin; thence along property now or formerly of L.S. Shearer, South 84 degrees
50 minutes 30 seconds East, a distance of 150 feet to an iron pin on the wester~
side of U,S. 11 and 15, the place of BEGINNING.
BEING all of Lot No. 6, Lot NO. 5 and Lot No. 4 on the Plan of Lots of Enola,
Block ~, which Plan is recorded in the Cumberland County Recorder of Deeds Office
in Plan Book 1, Page 51.
UNDER AND SUBJECT, NEVERTHELESS, to restrictions, easements, rights-of-way and
conditions of prior record.
BEING the same premises which Rosemary Lattuca Roth and Jay A. Roth, her husband,
by deed dated April 3, 1990 and recorded April 5, 1990 in the Office of the
Recorder of Deeds for Cumberland County in Deed Book M-34 page 612, granted and
conveyed to Ronald G. Gates and Donna L. Gates, his wife.
TAX PARCEL NO. 09-14-0832-2~A
Ail that certain tract or parcel of land and premises, situate, lying and being
in the Township of East Pennsboro, in the County of Cumberland and Commonwealth
of Pennsylvania, more particularly described as follows:
Consisting of Lot No. 7 o~ Tract NO. 3 of Plan of Lots recorded in Cumberland
County Plan Book 1, Page 51, and as shown on a Plan showing Lot No. 7 of the Plan
of Lcts of Enola Tract No. 3, as prepared for Virginia and Bruce Shellenberger by
Emerson E. Bornman, Jr., Registered Surveyor, dated June 29, 1985, more
particularly described as follows:
BEGINNING at an iron pin in the westerly line of Enola Road at the distance of
four hundred twenty (420) feet measured southwardly along said line of road from
the southeasterly extremity of the arc or curve, having a radius of ten (10)
feet, connecting the southerly line of Dauphin Street with the said westerly line
of Enola Road, said point also being at the dividing line between lands herein
described and lands now or formerly of Earl Scheib Paint Shops of Erie, Inc.;
thence along said lands now or formerly of Earl Scheib Paint Shops of Erie, Inc.,
North eighty-four degrees fifty minutes thirty seconds West (N 84 degrees 50' 30"
W), a distance of one hundred fifty (150.00) feet to an iron pin at line of
property shown as Lot No. 32 of Tract No. 4 (now or formerly of Caroline Bucher);
thence along said line of property of Lot Nos. 32 and 33, North five degrees nine
minutes thirty seconds East (N 05 degrees 09' 30" E), a distance of sixty (60)
feet to an iron pin at line of Lot No. 6, South eighty-four degrees fifty minutes
thirty seconds East (S 84 degrees 50' 30" E), a distance of one hundred fifty
(150) feet to an iron pin on the westerly line of Enola Road (U.S. Route 11 <);
thence along said Enola Road, South five degrees nine minutes thirty seconds West
CONTINUATION OF LEGAL DESCRIPTION
Page 1
(S 05 degrees 09' 30" W), a distance of sixty (60) feet to an iron pin, the point
and place of BEGINNING.
THE CONVEYANCE herein intended includes only the described land and any
structures and improvements, if any, thereon, and does not include any easements
over adjoining lands now or formerly owned by grantors which may have arisen by
common use of the subjecU premises with adjoining lands, by agreement or
otherwise.
BEING the same premises which W. Bradford Bucher, Executor of the Estate of
Caroline S. Bucher and Bruce Shellenberger and Virginia M. Shellenberger, by deed
dated February 1, 1990 and recorded February 13, 1990 in the Office of the
Recorder of Deeds for Cun~erland County in Deed Book K-34 page 288, granted and
conveyed to Ronald P. Nott and Carol A. Neitz, husband and wife.
Kristie L Sullenberger
COMMERCIAL
VARIABLE RATE
PROMISSORY
NOTE
SEE ATTACHED ADD£NDUIfl
prepayment penalty ol: : ' ~/!!i
RENEWAL: [] II ch~cked, this Note is a renewal, but not a satisfaction, Gl Loan Number
WARNING: READ BEFORE SIGNING - YOU ARE WAIVING IMPORTANT RIGNTE
["_~IF CHECKED, AS A MATERIALINDUCEMENT TO LENDER TO MAKE 114E LOAN EVIDENCED BY T~IS NOTE, BORROWER IR RE1/OCABLYAUTHOR~.ES AND EMPOWERSANy ATTORNEY OR THE
(Seal)
BORROWER: BORROWER:
(Seal) (Seal)
BORROWER BORROWER:
(Seal) (Seal}
: · TERMSANDCONDITIONS
t. EVENTS OF DEFAULT. An Event of Oelu~[ will occur under this Note In the event that Borrowe,, any guarantor or any othe~ third party p[a~ging
collateral to secure this Note;
(a) fails to make any payment on this Note or shy other Indebtedness to Lender when due;
(b) iaiia to peddrm any obligation Or breaches any warranty or covenant to Lender contained in this Note, any security ins1 urneot, or any other
present or future written agreement regarding thia or any ofher~lnbebtadeess of Borrower to Lender;
(c) provides or causes any false or mis~eadieg signature or representation to be provided to Lender; i
(d) sells, conveys, or transfers fifights in any co~tateral securing this Note without the wdden approval of Lender; destroys, es or damages such
collateral in any material respect; or subjects such cutiathrel to seisure, confiscation or condemnation;
(e) has a garnishment, judgment, tax taW, attachment or lien entered or sewed against Borrower, any guarantor, or an !third party p~edging
colts[oral to secure this Note or any of their properS/;
(~ dies, becomes legally Ir~ompoteot, is dissolved or terminated, (~eeses to operate its business, becomea insolvent, makes an assignment for the
beneitt of creditors, tails to pay debts as they become due, or becomes the subject of any bankruptcy, insolvency or debtor rehabilitation
(g) fails to provide Lender evidence of satlslactery financial condition;
(h) has a majority of its outstanding voting securities sold, transferred or conveyed to any parson or entity other than any person or entity that has
the majority ownership as of the date of the execution of this Note; or
(i) causes Lender to deem itseg insecure due to a significant deollne in the value of any real or personal property securing payment of th~s Note, or
Lender in good tagh, believes the prospect of payment or performance is impaired.
f
2. RIGHTS OF LENDER ON EVENT O F DEFAULT. II there is an Event of Detaufi under this Note, Lend~ will be enfifled to exercise one or r~ore of the
following remedies without notice or demand (except es required by law):
(a) to declare the prinolpal amount plus accrued interest under this Note and all other present and future obligations of Borrower immediately due
and payable in futl, such acceleration shall be automatic and immediate if the Event of Default is a filing uuder the Bankruptcy Cnde;
(b) to collect the outstanding obligations et Borrower with or without resorgng to judicial process;
(c) to cease making advances under this Note or any other agreement between Borrower and Lender;
(d) to take ~x~ssession of any collateral in any manner per?nittnd by law; ~
(e) to require Borrower to deliver and make avaiiaole to Lender aNY ~ol!a!eral al a place reasonably conveniant to Borrower and ~er~.er;
(~) to sell, lease or otherwise dispose of any cofiaterol and collect any ddtictsncy pa[anco wi~ or without resorting to ia~d prccass~
(g} to set-off Borrower's obligations against any amounts due to Borrower including, but not itmlted to, monies, instruments! and dddeol! accounts
(h) to exercise all other dghts available to Lender under any ofh~i written agreement or ap~icab~e law. , I
Lender*s rights are cumulative and may be exerciand together, separa!e!~, and in any order. Lender's remedies under this paragteph are ~n addition to
3. DEMAND FEATURE. [] if checked, this Note contains a demand feature. Lender's right to demand payment, at any gme, and from time to time,
in accordance w~h generally accepted accounting principtes and will deliver to Lender, within ninofy (90) days after the end of each fiscal year of
6. SEVERABILIT~. if any provision of this Note is invalid, illegal or un.eft orceable, th~ validity, legality, and enforceability of ~ remaining provisions
/
7. ASSIGNMENT. Borrower agrees not to assign any of B~-rower's ~ghts, remedies or obggagons descdhed in this Note Without the prior wrgton
rights and remedies described in this Note without notice to or the prio~ CO~$ent of Borrower. ~.i
8. NOTICE. Any notice or other cofl3munication to be p~ovided~ to Borrower or Lender under this Note shall be in writing and sent to the parties at the
addresses described in this Note or such othe~' address as the par ti,es m~y~de~ignata in writing from time to time.
9. APPLICABLE LAW. l~is Note shell be governed by the laws of th~:~tata indicated in Lenddr's address. Unless app~ieable law provides otherwise,
time is of the essence. Borrower agrees to make a~l payments to Lender at any address designated by Lender aud ia lawful United States currency.
OF, OR eASED UPON, THIS NOTE OR THE COLLATERAL SECURING THIS NO'iF-~
13. ADDITtONAL TERMS:
Addendum to Note
Interest Rate
Until October 27, 2005, the interest rate shall be fixed at the initial rate of 9.75%,
thereafter adjusting in accordance with the Commercial Variable Rate Promissory Note.
Fred~'c~S~/ullenberger
Kn tie L Sullenbe~gm ,o~
Date
Date
After Recordation Returnto:
6?00 Derry Street
Harrisburg, PA 17111
ROBE2T ?. ZIE~LER
RECOrDeR OF OEEDS
CUMBERLAND COUNTY-pA
'OONOU 2 P~ 2 12
ASSIGNMENT OF RENTS
AND LEASES
Kristie L Sulle~berger
7 POW R OF A'i'rORNEY Lessor irrevoc ,Ith an Interest, at Lender's option, upon taking
· ~ . . luthorizes Lender as Lessor's attorney-in-fact coup'
Assignment. Lessor hereby agrees to indemnify Lender end to ho~d Lender harmless from any and ell liability, k~ss or damage which Lender may
reason of any alleged obligations or undertsklngs 'oo Lender's de~ to der[Grin or discharge any of the tem~ or agreements co~ined in the Leases.
c This Assignment shall ha binding upon and inure to the benefit of Lessor and Leeder end their respective succes$({rs, assigns, trustees,
lNWlTNESSWHERE~F~M~r1gag~rhascausedthisinstrumentt~deexe~uted~sasea~edinstrumentthis 27th dayof October. 2000
LESSOR:
LESSOR:
LESSOR:
LESSOR: Krietie ~ Sullenberger
LESSOR:
(seal) (seal)
[ESSOR:
TAX PARCEL NO. 09-14-0832-271
ALL THAT CERTAIN tract or parcel of land and premises, situate lying and being in
the Township of East Pennsboro, in the County of Cumberland, and Commonwealth of
Pennsylvania, more particularly described as follows:
BEGINNING at an iron pin on the West side of U.S. Routes 11 and 15 at line of
property now or formerly of L.S. Shearer; thence along the western side of U.S.
Routes 11 and 15, South 5 degrees 9 minutes 30 seconds West a distance of 180
feet to an iron pin at line of lands of Caroline S. Bucher; thence along lands of
Caroline S. Bucher, North 84 degrees 50 minutes 30 seconds West, a distance of
150 feet to an iron pin; thence continuing along said property of Caroline S.
Bucher, North 5 degrees 9 minutes 30 seconds East a distance of 180 feet to an
iron pin; thence along property now or formerly of L.S. Shearer, South 84 degrees
50 minutes 30 seconds East, a distance of 150 feet to an iron pin on the western
side of U.S. 11 and 15, the place of BEGINNING. '
BEING all of Lot NO. 6, Lot NO. 5 'and Lot No. 4 on the Plan of Lots of Enola,
Block 2, which Plan is recorded in the Cumberland County Recorder of Deeds Office
in Plan Book 1, Page 51.
UNDER AlqD SUBJECT, NEVERTHELESS, to restrictions, easements, rights-of-way and
conditions of prior record.
BEING the same premises which Rosemary Lattuca Roth and Jay A. Roth, her husband,
by deed dated April 3, 1990 and recorded April 5, 1990 in the Office of the
Recorder of Deeds for Cumberland County in Deed Book M-34 page 612, granted and
conveyed to Ronald G. Gates and Donna L. Gates, his wife.
TAX PARCEL NO. 09-14-0832-27A
Ail that certain tract or parcel of land and premises, situate, lying and being
in the Township of East Pennsboro, in the County of Cumberland and Commonwealth
of Pennsylvania, more particularly described as follows:
Consisting of Lot No. 7 of Tract No. B of Plan of Lots recorded ip Cumberland
County Plan Book 1, Page 51, and aS shown on a Plan showing Lot No. 7 of ~the Plan
of Lots of Enola Tract No. 3, as prepared for Virginia and Bruce Shellenberger by
Emerson E. Bornman, Jr., Registered Surveyor, dated June 29, 1985, more
particularly described as follows:
BEGINNING at an iron pin in the westerly line of Enola Road at the distance of
four hundred twenty (420) feet measured southwardly along said line of road from
the southeasterly extremity of the arc or curve, having a radius of ten (10)
feet, ccnnecting tke southerly line of Dauphin Street with the said westerly line
cf Enola Road, said point also being at the dividing line between lands herein
iesrribed and lands now or formerly of Earl Scheib Paint Shops of Erie, Inc.;
shence along said lands now or formerly cf Earl Scheib Paint Shops of Erie, !xc.,
.~ ..... eighty-four degrees fifty thirty seconds West (N 84 degrees 50~
>7~ ~ a distance of one hundred fifsy (150.00) feet to an iron pin at line of
nnence along said line cf properny of Lot Nos. 32 and 33, North five degrees
~'L!~une~ shirt,/ seconds East (N 05 degrees 09' 30" E), a distance of si~<c';
f~_ tc ~n__~.. .... o~x at ~=~.~= of Lcd_ NC. 6, Scutn eigh~i'-four ~eg~=s .... ....
- -.~u~l' seconds Eas~ (S 94 degrees 50' 30" E) , a dis.tahoe of one hundred fLf~1-
2531 fee5 to an iron pin on the westerly line of Eno!a Road (U.S. Route !i
5hence along said Enola Road, South five degrees nine minutes thirty seconds
CON~£NUATION OF LEGAL DESCRIPTION
Page 1
(S 05 degrees 09' 30" W), a distance of sixty (60) feet to an iron pin, the point
and place of BEGINi~ING.
THE CONVEYANCE herein intended includes only the described land and any
structures and improvements, if any, thereon, and does not include any easements
over adjoining lands now or formerly owned by grantors which may have arisen by
common use of the subject premises with adjoining lands, by agreement or
otherwise.
BEING the same premises which W. Bradford Bucher, Executor of the Estate of
Caroline S. Bucher and Bruce Shellenber~er and Virginia M. Shellenberger, by deed
dated February 1, 1990 and recorded February 13, 1990 in the Office of the
Recorder of Deeds for cumberland County in Deed Book K-34 page 288, granted and
conveyed To Ronald P. Nott and Carol A. Neitz, husband and wife.
CERTIFICATE OF RESIDENCE
Notary public
My commission expires:
Wi~ ..... y hand this gq ~ d~y of ~*' .~"0~<~ ~
I SCHEDULE A ~
CommunityBanKs
December 2, 2003
Frederick L Sullenberger
Kristie L. Sullenberger
24 L~caster Ave.
Enola, PA 17025
Re: Past Due Loan # 1-54008961
Past Due Date(s): September, October & November 26, 2003 Payments
Dear Mr. & Mrs. Sullenberger:
As a courtesy to you, we are writing concerning the delinquency of your
mortgage, which must be resolved immediately. The loan agreement you made with
Community Banks is in serious default.
Your account remains past due for the months noted above plus late charges,
totaling $7,732.07. Please pay no less than the past due amount immediately and contact
me at 1-866-286-0534, ext. g4, to confirm that payment has been OR will be made at one
of our branches. Since your loan is in legal default, we are also requesting that all back
taxes are paid current. You will need to forward a copy of your paid receipt to my
attention immediately.
Deadline for payment is NOON, Friday, January 2, 2004. YOU MUST HAVE
THE TELLER CALL ME AT THE TIME OF PAYMENT. Failure to respond to this
request promptly will result in the initiation of FORECLOSURE proceedings through
the bank's legal counsel. THIS WILL BE YOUR FINAL NOTICE.
PAST DUE CREDIT INFORMATION MAY BE SUBMITTED TO A
CREDIT REPORTING AGENCY.
Sincerely,
Tess Fuhrman
Resource Recovery
1-866-286~0534, Ext. #4
P.O. Box 350 · Mil/ersburg, PA 17061 · Phone 1-800-331-8362
SHERIFF'S
CASE NO: 2004-00813 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
COMMUNITY BANKS
VS
SULLENBERGER FREDERICK L ET AL
RETURN - REGULAR
CPL. TIMOTHY REITZ ,
Cumberland County, Pennsylvania,
says, the within COMPLAINT - MORT FORE
SULLENBERGER FREDERICK L
DEFENDANT , at 2030:00 HOURS,
at 24 LANCASTER AVENUE
ENOLA, PA 17025
FREDERICK L SULLENBERGER
a
Sheriff or Deputy Sheriff of
who being duly sworn according to law,
was served upon
the
on the 5th day of March , 2004
by handing to
true and attested copy of COMPLAINT - MORT FORE
together with
and at the same time directing His attention to the contents thereof.
Sheriff's Costs:
Docketing 18.00
Service 20.70
Affidavit .00
Surcharge 10.00
.00
48.70
Sworn and Subscribed to before
me this 9 ~ day of
b qq~o~J~ ~2~0 ~ A.D.
· P~othonotary ~
So Answers:
R. Thomas Kline
03/08/2004
GODFREY & COURTNEY
By: ~ D~uu~S~herl~
REGULAR
SHERIFF'S RETURN
CASE NO: 2004-00813 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
COMMUNITY BANKS
VS
SULLENBERGER FREDERICK L ET AL
CPL. TIMOTHY REITZ ,
Cumberland County, Pennsylvania,
says, the within COMPLAINT - MORT FORE
SULLENBERGER KRISTIE L
DEFENDANT , at 2030:00 HOURS, on the
at 24 LANCASTER AVENUE
ENOLA, PA 17025
FREDERICK L SULLENBERGER,
a
Sheriff or Deputy Sheriff of
who being duly sworn according to
was served upon
5th day of March
by handing
ADULT IN CHARGE
true and attested copy of COMPLAINT - MORT FORE
the
, 2004
to
together with
and at the same time directing His attention to the contents thereof.
Sheriff's Costs:
Docketing 6.00
Service .00
Affidavit .00
Surcharge 10.00
.00
16.00
Sworn and Subscribed to before
me this ?~ day of
A.D.
'P~othonotary
So Answers:
R. Thomas Kline
03/08/2004
GODFREY & COURTNEY
BY: St~ven C. Cou~¢y, Esquire
Attorney I.D. No. 74669
P.O. Box 6280
Harrisburg, PA 17112
(717) 54¢3900
COMMUNITY BANKS,
VS.
Plaintiff
FREDERICK L. SULLENBERGER and
KRISTIE L. SULLENBERGER
Defendant
Attorney for Plaintiff
IN THE COURT OF COMMON PLEAS,
CUMBERLAND COUNTY,
PENNSYLVANIA
NO. 2004 0813
MORTGAGE FORECLOSURE
ACTION
PRAECIPE FOR JUDGMENT
Enter Judgment in favor of Plaintiff and against: Frederick and Kristie Sullenberger for want of Answer to
Complaint.
( X ) Assess damages as follows:
(a) Unpaid principal balance $ 203,127.96
(b) Interest at $55.0138 per day
to 10/26/03 $6,009.25
(c) Accumulated late charges $840.32
(d) Escrow $00.00
(e) Penalty fees $30.00
(f) 5% Attorney's Commission $10,156.40
(g) Title search $125.00
TOTAL $220,288.93 plus costs & interest
( X ) I certify that the foregoing assessment of damages is for specified amounts alleged to be due in the
complaint and is calculable as a stun certain from the complaint:
( X ) Pursuant to Pa.R.C.P. 237 ('Notice of Praecipe for final judgment or decree), I certify that a copy of
this praecipe has been mailed to each other party who has appeared in the action or to his/her Attorney of Record.
( X ) Pursuant to Pa.R.C.P. 237.1, I certify that written notice of the intention to file this pmecipe was
mailed or delivered to the party against whom judgment is to be entered and to his/her Attorney of Record, if any,
after the default occurred and at least ten days prior to the date of the filing of this praecipe and a copy of the notice
is attached. ~
DATE: Signature:
Steve . Courtney, ire
P
Harrisburg, PA 17112
(717) 540-3900
Supreme Court ID#: 74669
Attorney for Plaintiff
, 2004, JUDGMENT IS ENTERED AS ABOVE.
Deputy
Oodfi~y & Courlney, P,C.
BY: Steven C. Courtn*y, Esquire
Attorney I.D. No. 74669
P.O. Box 6280
Harrisburg, PA 17112
(717) 540-3900
COMMUNITY BANKS,
VS.
Plaintiff
FREDERICK L. SULLENBERGER and
KRISTIE L. SULLENBERGER
Defendant
Attorney for Plaintiff
IN THE COURT OF COMMON
PLEAS, CUMBERLAND COUNTY,
PENNSYLVANIA
NO. 2004 0813
MORTGAGE FORECLOSURE
ACTION
TO:
Frederick and Kristie Sullenberger
24 Lancaster Avenue
Enola, PA 17025
DATE OF NOTICE: March 27, 2004
IMPORTANT NOTICE
YOU ARE IN DEFAULT BECAUSE YOU FAILED TO TAKE THE ACTION REQUIRED
OF YOU IN THIS CASE. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF
THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING
AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS.
YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT
HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING
OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP:
Cumberland County Bar Associ/affon
2 Liberty Avenue /
Carlisle, PA 17013//
(71.7) 249-3~
By: C. C~o~ j ~
Steven C. Cour ~=y, E~qmre
GODFREY & COURTNEY
P.O. BOX 6282
Harrisburg, Pennsylvania 17112
Telephone: (717) 540-3900
I.D. # 74669
Attorney for Plaintiff
Godfrey & Coarmey, P.C.
BY: Stcven C. Courmey, Esquire
Attorney I.D. No. 74669
P.O. Box 6280
Harrisburg PA 17112
(717) 540-3900
COMMUNITY BANKS,
VS.
Plaintiff
FREDERICK L. SULLENBERGER and
KRISTIE L. SULLENBERGER
Defendant
Attorney for Plaintiff
IN THE COURT OF COMMON
PLEAS, CUMBERLAND COUNTY,
PENNSYLVANIA
NO. 2004 0813
MORTGAGE FORECLOSURE
ACTION
TO:
Frederick and Kristie Sullenberger
24 Lancaster Avenue
Enola, PA 17025
DATE OF NOTICE: March 27, 2004
IMPORTANT NOTICE
YOU ARE IN DEFAULT BECAUSE YOU FAILED TO TAKE THE ACTION REQUIRED
OF YOU 1N THIS CASE. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF
THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING
AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS.
YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT
HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING
OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP:
Cumberland County Bar Association
2 Liberty Avenue~
Carlisle, PA 17013 ~'~
By: (71~
Steven t,.--L~urtney, V;s~'rfe
GODFREY & COURTNEY
P.O. BOX 6282
Harrisburg, Pennsylvania 17112
Telephone: (717) 540-3900
I.D. # 74669
Attorney for Plaintiff
Curt Long
Prothonotary
OFFICE OF THE PROTHONOTARY
OF CUMBERLAND COUNTY
Telephone:
(717) 240-6100
Cumberland County Courthouse
1 Courthouse Square
Carlisle, PA 17013
1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff: COMMUNITY BANKS
versas
Defendant: Frederick and Kristie Sullenberger
Judgment No. 2004 - 813
CERTIFICATE OF RESIDENCE
PA. R. C. P. 236
1, hereby certify that the precise residence of Plaintiff is:
Community Banks
P.O. Box 350
Millersburg, PA 17061
and certify that the last known address of the within defendant is: /
Frederick and Kristie Sullenberger
24 Lancaster Avenue
Enola, PA 17025 ~
Steven C. Courtney, Esquire
GODFREY & COURTNEY
P.O. BOX 6280
Harrisburg, PA 17112
717.540.3900
Attorney for the Plaintiff
Attorney ID//74669
COMMUNITY BANKS,
Plaintiff
V
FREDERICK L. AND KRISTIE L.
SULLENBERGER
Defendants
1N THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY
PENNSYLVANIA
WRIT NO. 2004-0813
Amount:interest: q, .~O~
Costs: $
Plaintiff:
Attorney:
Sheriff:
Community Bank
Steven C. Courtnev
R, Thomas Kline
PRAECIPE FOR WRIT OF EXECUTION
MORTGAGE FORECLOSURE - P.R.C.P. 3180-3183
TO THE PROTHONTOARY OF SAID COURT:
Issue ~of Execution in the above,ed ~se.~
DATE: ~rt~x Signature: "~ J
' ~1 P;i:; ~ ~~. ~~ squire
( ~PA 17112
A~omey For: Plaintiff
Telephone: 717-540-3900
Supreme Cou~ ID No.: 74669
WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA) NO 04-813 Civil
COUNTY OF CUMBERLAND) CIVIL ACTION - LAW
TO THE SHERIFF OF CUMBERLAND COUNTY:
To satisfy the debt, interest and costs due COMMUNITY BANKS, Plaintiff (s)
From FREDERICK L. AND KRISTIE L. SULLENBERGER
(1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL
DESCRIPTION
(2) You are also directed to a~ach 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 propeOy 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 $220,288.93
Interest FROM 10/26/03
Atty's Corem %
Atty Paid $146.70
Plaintiff Paid
Date: MAY 27, 2004
(Seal)
REQUESTING PARTY:
Name STEVEN C. COURTNEY, ESQUIRE
Address: P. O. BOX 6280
HARR/SBURG, PA 17112
Attorney for: PLAINTIFF
Telephone: 717-540-3900
Supreme Court ID No. 74669
L.L. $.50
Due Prothy $1.00
Other Costs
CURTIS R. LONG
Deputy
Godfrey & Courlncy, P.C.
BY: Sleven C. Cou~mey, Esquire
Attorney I.D. No. 74669
P.O. Box 6280
Hatrisbure. PA 17[12
(717) 540-3900
COMMUNITY BANKS,
VS.
Plaintiff
FREDERICK L. SULLENBERGER and
KRISTIE L. SULLENBERGER
Defendant
Attorney for Plaintiff
IN THE COURT OF COMMON
PLEAS, CUMBERLAND COUNTY,
PENNSYLVANIA
NO. 2004 0813
MORTGAGE FORECLOSURE
ACTION
CERTIFICATE OF SERVICE
The undersigned attorney hereby certifies that on the d')~ day of May, 2004, a true
and correct copy of the foregoing Praecipe for Writ of Execution, Affidavit Pursuant to P.R.C.P.
3129.1 and Notice of Sheriff's Sale of Real Estate Pursuant to Pennsylvania Rules of Civil Procedure
3129.1 has been served upon the person(s) named below at the address(es) shown below by
depositing the same in the United States mail, first-class postage prepaid per the attached Certificate
of Mailing.
Frederick and Kristie Sullenberger
24 Lancaster Avenue
Enola, PA 17025
Ronald and Donna Gates
651 Herrin Lane
Enola, PA 17025
Bureau of Operations and Revenue
City Government Center
10 N. Second Street, Room 305
Harrisburg, PA 17101
Commonwealth of Pennsylvania
Department of Revenue
Strawberry Square
Harrisburg, PA 17129
GODFREY & COURTNEY, P.C.
By
uire
P.O. Box 6280
Harrisburg, PA 17112
(717) 540o3900
Godfrey & Courmey, P.C.
BY: Steven C. Courmey, Esquire
Attorney I.D, No. 74669
P.O. Box 6280
Harrisburm PA 17112
(717) 540-3900
COMMUNITY BANKS,
VS.
Plaintiff
FREDERICK L. SULLENBERGER and
KRISTIE L. SULLENBERGER
Defendant
Attorney for plaintiff
IN THE COURT OF COMMON
PLEAS, CUMBERLAND COUNTY,
PENNSYLVANIA
NO. 2004 0813
MORTGAGE FORECLOSURE
ACTION
AFFIDAVIT PURSUANT TO P.R.C.P. 3129.1
The Plaintiffin the above action, by its attorney, Steven C. Courtney, Esquire and Godfrey &
Courtney, P.C. sets forth as of the date the praecipe for the writ of execution was filed, the following
information concerning the real property located at 167 Enola Road, Enola, Cumberland Cotmty,
Pennsylvania, 17025.
1. Name(s) and address(s) of the Owner(s) or Reputed Owner(s):
Frederick and Kristie Sullenberger
24 Lancaster Avenue
Enola, PA 17025
listed above:
Name and address of the Defendant(s) in the Judgment, if different from that
Same as above
3. Name and address of every judgment creditor whose judgment is a recorded lien
on the real property to be sold.
Community Banks
PO Box 350
Millersburg, PA 17061
4. Name and address of last recorded holder of every mortgage of record.
A. Plaintiff herein.
Ronald and Donna Gates
651 Herrin Lane
Enola, PA 17025
5. Name and address of every other person who has any record lien on the property:
Community Banks
PO Box 350
Millersburg, PA 17061
Ronald and Donna Gates
651 Herrin Lane
Enola, PA 17025
Bureau of Operations and Revenue
City Government Center
10 N. Second Street, Room 305
Harrisburg, PA 17101
Commonwealth of Pennsylvania
Department of Revenue
Strawberry Square
Han'isburg, PA 17129
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:
None
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:
Community Banks
PO Box 350
Millersburg, PA 17061
Ronald and Donna Gates
651 Herrin Lane
Enola, PA 17025
Bureau of Operations and Revenue
City Government Center
10 N. Second Street, Room 305
Harrisburg, PA 17101
Commonwealth of Pennsylvania
Department of Revenue
Strawberry Square
Harrisburg, PA 17129
I verify that the statements made in this Affidavit are true and correct to the best of my
personal knowledge, information and belief. I understand that false statements herein are made
subject to the penalties of 18 PA.C.S. Section 4904 relating to unsworn falsification to authorities.
By ~Y' P.C.
~o. 74669
P.-O. Box 6280
Harrisburg, PA 17112
(717) 540-3900
Attorneys for Plaintiff
Godfrey & Courtney, P.C,
BY: Steven C. Courmey, Esquire
Attorney I.D. No. 74669
P.O. Box 6280
Harrlsbur~ PA 17112
(717) 540-3900
COMMUNITY BANKS,
VS.
Plaintiff
FREDERICK L. SULLENBERGER and
KRISTIE L. SULLENBERGER
Defendant
Attorney for plaintiff
IN THE COURT OF COMMON
PLEAS, CUMBERLAND COUNTY,
PENNSYLVANIA
NO. 2004 0813
MORTGAGE FORECLOSURE · -
ACTION
NOTICE OF SHERIFF'S SALE OF REAL ESTATE
PURSUANT TO
PENNSYVLANIA RULE OF CIVIL PROCEDURE 3129.1
TAKE NOTICE:
That the Sheriff's Sale of Real Property (real estate) will be held:
DATE: September 8, 2004
TIME: 10:00 A.M.
LOCATION: CUMBERLAND COUNTY COURTHOUSE - LOBBY
1 COURTHOUSE SQUARE
CARLISLE, PA 17013
THE PROPERTY TO BE SOLD is delineated in detail in a legal description mainly
consisting ora statement of the measured boundaries of the property, together with a brief mention of
the buildings and any other major improvements erected on the land.
(SEE DESCRIPTION ATTACHED)
The Location of your property to be sold is:
167 Enola Road
Enola, PA 17025
The JUDGMENT under or pursuant to which your property is being sold is docketed in
the within Commonwealth and County to:
No. 2004 0813
The NAME(S) OF THE OWNER(S) OR REPUTED OWNER(S) of this property is
(are):
Frederick L. and Kristie L. Sullenberger
A SCHEDULE OF DISTRIBUTION, being a list of the persons and/or governmental or
corporate entities or agencies being entitled to receive 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 we are
owed taxes) will be filed by the Sheriffofthis County 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 Sheriffofthe court
of Common Pleas of the within County at the Courthouse address specified herein.
THIS PAPER IS A NOTICE OF THE TIME AND PLACE OF THE SALE OF YOUR
PROPERTY.
IT HAS BEEN ISSUED BECAUSE THERE I8 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 taken away. 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 NOTICE TO YOUR LAWYER AT ONCE. GO TO OR
TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN
GET FREE LEGAL ADVICE.
THE LEGAL RIGHTS YOU MAY HAVE ARE:
I. You may file a petition with the Court of Common Pleas of the within 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 ora 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 the
within County to set aside the sale for a grossly inadequate price or for other proper cause. This
petition MUST BE FILED BEFORE THE SHERIFF'S DEED IS DELIVERED.
3. A petition or petitions raising the legal issues or rights mentioned in the preceding
paragraphs must be presented to the Court of Common Pleas of the within County. The petition
must be served on the attomey for the creditor or on the creditor before presentation to the court and
a proposed order or rule must be attached to the petition.
Ifa specific return date is desired, such date must be obtained fi.om the Court Administrator's
Office- Civil Division, of the within County Courthouse, before a presentation of the petition to the
Court.
A copy of the Writ of Execution is attached hereto.
TAX PARCEL NO. 09-14-0532-271
ALL THAT CERTAIN tract or parcel of land and premises, situate lying and being in
the Township 6f East Pennsboro, in the County of Cumberland, and Commonwealth of
Pennsylvania, more particularly described as follows: i
BEGINNING at an iron pin on the Wes~ S~e of U.S. Routes ll and 15 at lin~ of
property now or formerly of L.S. Sh~Rre~ thence along the western side of U.S.
Routes 11 and 15, South 5 degrees 9 minutes 30 seconds West a distance of 180
feet to an iron pin at line of lands of Caroline S. Bucher; thence along lands of
Caroline S. Bucher, North 84 degrees 50 minutes 30 seconds West, a distance of
150 feet to an iron pin; thence continuing along said property of Caroline S.
Bucher, North 5 degrees 9 minutes 30 seconds East a distance of 180 feet to an
iron pin; thence along property now or formerly of L.S. Shearer~ South 84 degrees
50 minu~es 30 seconds East, a distance of 150 feet to an iron pin on the wester~
side of U,S. 11 and 15, the place of BEGINNING.
BEING all of Lot No. 6, Lot NOo 5 and Lot NO. 4 on the Plan of Lots of Enola,
Block 2, which Plan is recorded in the Cumberland County Recorder of Deeds Office
in Plan Book 1, Page 51.
UNDER AND SUBJECT, NEVERTHELESS, to restrictions, easements, rights-of'way and
conditions of prior record.
BEING the same premises which Rosemary Lattuca Roth and Jay A. Roth, her husband,
by deed dated April 3, 1990 and recorded Ap~r~l 5, 1990 in the Office of the
Recorder of Deeds for Cumberland County in ~ed ~ook M-34 page 612, granted and
conveyed to Ronald G. Gates and Donna L. Gates, ~is wife.
TAX PARCEL NO. 09-14-0832~27A
Ail that certain tract or parcel of land and premises, situate, lyin~ and being
in the Township of East Pennsboro, in the County of Cumberland and Commonwealth
of Pennsylvania, more particularly described as follows:
Consisting ~f Lo~ No. 7 o~ Trac~ No. 3 of Plan of Lots recorded.in Cumberland
County Plan Book 1~ Page 51~ and as shown on a Plan showing Lot No. 7 of the Plan
of Lots of Enola Tract No. 3, as prepared for Virginia and Bruce Shellenberger by
Emerson E. Bornman, Jr., Registered Surveyor, dated June 29, 1985, more
~articularly described as follows:
BEGINNING at an iron pin in the westerly line of Enola Road at the distance of
four hundred twenty (420) feet measured southwardly along said line of road from
the southeasterly extremity of ~he arc or curve, having a radius of ten (10)
feet, connectin~ the southerly line of Dauphin Street with the said westerly line
of Enola Road, said point also bein~ at the dividin~ line between lands ~erein
described and lands now or formerly of Earl Scheib Paint Shops of Erie, !nc~;
thence along said lands now or formerly of Earl Scheib Paint Shops of Erie, Inc.,
North eighty-four degrees fifty minutes thirty seconds West (N 84 degreesI 50' 30"
W), a distance of one hundred fifty (150.00) feet to an iron pin at line !of
property shown as Lot No. 32 of Tract No. 4 (now or formerly of Caroline Bucher);
thence along said line of property of Lot Nos. 32 and 33, North five degrees nine
minutes thirty seconds East (N 05 degrees 09' 30" E), a distance of sixty (60)
feet to an iron pin at line of Lot No. 6, South eighty-four degrees fifty minutes
thirty seconds East (S 84 da~rees 50' 30" E), a distance of one hundred fifty
(150) feet to an iron pin on the westerly line of Enola Road (U.S. Route 11 &15);
thence along said Enola Road, South five de,tees nine minutes thirty seconds West
CONTINUATION OF LEGAL DE$CRIP~I'ON
Page i
(S 05'degrees 09' 30" w), a distance of sixty (60) feet to an iron pin, the~oint
and place of BEGINNING. I -
THE CONVEYANCE herein intended includes.~0nly the described land and any I
structures and improvements, if any~ ith~eon, and does not include any easements
over adjoining lands now or formerly owned by grantors which may have arisen by
common use of the subject premises With adjoining lands, by agreement or
otherwise.
BEING the same premises which W. Bradford Bucher, Executor of the Estate of
Caroline S. Bucher and Bruce Shellenberger and Virginia M. Shellenberger, by deed
dated February 1, 1990 and recorded February 13, 1990 in the Office of the
Recorder of Deeds for Cumberland County in Deed Book K-34 page 288, granted and
conveyed to Ronald P. Nott and Carol A. Neitz, husband and wife. · .
Godfrey & Courtney, P.C.
BY: Steven C. Courtney, Esquire
Attorney I.D. No. 74669
P~O. Box 6280
Harrisburg, PA 17112
~3900
COMMUNITY BANKS,
Attorney for Plaintiff
: IN THE COURT OF COMMON PLEAS,
Plaintiff
VS.
FREDERICK L. SULLENBERGER and
KRISTIE L. SULLENBERGER
Defendant
CUMBERLAND COUNTY,
PENNSYLVANIA
NO. 2004 0813
MORTGAGE FORECLOSURE
ACTION
PRAECIPE TO MARK ACTION AS DISCONTINUED
TO THE PROTHONOTARY:
PLEASE MARK THE ABOVE CAPTIONED ACTION AS DISCONTINUED WITHOUT
PREJUDICE.
Respectfully submitted,
GODFREy & COURTNEY, P.C.
teven
Attorney I.D. No. 74669
P.O. Box 6280
Harrisburg, PA 17112
(717) 540-3900
Community Banks
VS
Frederick L. Sullenberger and
Kfistie L. Sullenberger
In The Court of Common Pleas of
Cumberland County, Pennsylvania
Writ No. 2004-813 Civil Term
R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ
is returned STAYED per instructions from Attorney Steven Courmey.
Sheriff's Costs:
Docketing 30.00
Poundage 2.03
Levy 30,00
Surcharge 40.00
Law Library .50
Prothonotary 1.00
$103.53 paid by attorney
06/I 8/04
Sworn and subscribed to before me So An_ sw. grs:
This ~r day of ~ '¢~'~'~ ~'~ f~
R. Thomas Kline, Sheriff
2004, A.D. ~¢frJ ~ ~. "~x,_~, ~y ~x~J~J~~
Prothonotary Real Est~,JDeputy
Godf~y & Courm~y, P.C.
BY: Steven C. Courmcy, Esquire
Attorney I.D. No. 74669
P.O. Box 6280
Harrisbure- PA 17112
(717) 540-3900
COMMUNITY BANKS,
VS.
Plaintiff
FREDERICK L. SULLENBERGER and
KRISTIE L. SULLENBERGER
Defendant
Attorney for plaintiff
IN THE COURT OF COMMON
PLEAS, CUMBERLAND COUNTY,
PENNSYLVANIA
NO. 2004 0813
MORTGAGE FORECLOSURE
ACTION
AFFIDAVIT PURSUANT TO P.R.C.P. 3129.1
The Plaintiffin the above action, by its attomey, Steven C. Courmey, Esquire and Godfrey &
Courtney, P.C. sets forth as of the date the praecipe for the writ of execution was filed, the following
information concerning the real property located at' 167 Enpla Road, Enola, Cumberland County,
Pennsylvania, 17025.
1. Name(s) and address(s) of the Owner(s) or Reputed Owner(s):
Frederick and Kristie Sullenberger
24 Lancaster Avenue
Enola, PA 17025
listed above:
Name and address of the Defendant(s) in the Judgrnem, if different from that
Same as above
3. Name and address of every judgment creditor whose judgment is a recorded lien
on the real property to be sold.
Ao
Community Banks
PO Box 350
Millersburg, PA 17061
4. Name and address of last recorded holder of every mortgage of record.
A. Plaintiffherein.
Ronald and Donna Gates
651 Herrin Lane
Enola, PA 17025
5. Name and address of every other person who has any record lien on the proper~ff:
go
Community Banks
PO Box 350
Millersburg, PA 17061
Bo
Ronald and Donna Gates
651 Herrin Lane
Enola, PA 17025
Bureau of Operations and Revenue
City Government Center
10 N. Second Street, Room 305
Harrisburg, PA 17101
D. Commonwealth of Pennsylvania
Department of Revenue
Strawberry Square
Harrisburg, PA 17129
6. Name and address of every other person wh6 has any record interest in the
property and whose interest may be affected by the sale:
None
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:
Community Banks
PO Box 350
Millersburg, PA 17061
Ronald and Donna Gates
651 Herrin Lane
Enola, PA 17025
Bureau of Operations and Revenue
City Govermnent Center
10 N. Second Street, Room 305
Harrisburg, PA 17101
Commonwealth of Pennsylvania
Department of Revenue
Strawberry Square
Harrisburg, PA 17129
Godfrey & Courmey, P.C.
BY: Steven C. Courmey, Esquire
ARomey I.D. No. 74669
P.O. Box 6280
Harrisbure_ PA 17112
(717) 540-3900
COMMUNITY BANKS,
VS.
Plaintiff
FREDER/CK L. SULLENBERGER and
KRISTIE L. SULLENBERGER
Defendant
Attorney for Plaintiff
IN THE COURT OF COMMON
PLEAS, CUMBERLAND COUNTY,
PENNSYLVANIA
NO. 2004 0813
MORTGAGE FORECLOSURE
ACTION
NOTICE OF SHERIFF'S SALE OF REAL ESTATE
PURSUANT TO
PENNSYVLANIA RULE OF CIVIL PROCEDURE 3129.1
TAKE NOTICE:
That the Sheriff's Sale of Real Property (real estate) will be held:
DATE: September 8, 2004
TIME: 10:00 A.M.
LOCATION: CUMBERLAND COUNTY COURTHOUSE - LOBBY
1 COURTHOUSE SQUARE
CARLISLE, PA 17013
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 buildings and any other major improvements erected on the land.
(SEE DESCRIPTION ATTACHED)
The Location of your property to be sold is:
167 Enola Road
Enola, PA 17025
The JUDGMENT under or pursuant to which your property is being sold is docketed in
the within Commonwealth and County to:
No. 2004 0813
The NAME(S) OF THE OWNER(S) OR REPUTED OWNER(S) of this property is
(are): ~
Frederick L. and Kfistie L. Sullenberger
A SCHEDULE OF DISTRIBUTION, being a list of the persons and/or governmental or
corporate entities or agencies being entitled to receive 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 we are
owed taxes) will be filed by the Sheriffofthis County 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 Sheriffofthe court
of Common Pleas of the within County at the Courth6use address specified herein.
THIS PAPER IS A NOTICE OF THE TIME AND PLACE OF THE SALE OF YOUR
PROPERTY.
IT HAS BEEN ISSUED BECAUSE THERE I8 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 taken away. 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 NOTICE TO YOUR LAWYER AT ONCE. GO TO OR
TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN
GET FREE LEGAL ADVICE.
THE LEGAL RIGHTS YOU MAY HAVE ARE:
1. You may file a petition with the Court of Common Pleas of the within 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 ora 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 the
within County to set aside the sale for a grossly inadequate price or for other proper cause. This
petition MUST BE FILED BEFORE THE SHERIFF'S DEED IS DELIVERED.
3. A petition or petitions raising the legal issues or rights mentioned in the preceding
paragraphs must be presented to the Court of Common Pleas of the within County. The petition
must be served on the attorney for the creditor or on the creditor before presentation to the court and
a proposed order or rule must be attached to the petition.
Ifa specific return date is desired, such date must be obtained fzom the Court Administrator's
Office - Civil Division, of the within Cotmty Courthouse, before a presentation of the petition to the
Court.
A copy of the Writ of Execution is attached hereto.
TAD( PARCEL NO. 09-14-0832-271
ALL THAT CERTAIN tract or parcel of land and premises, situate lying and being in
the Township 6f East Pennsboro, in the County of Cumberland, and Commonwealth of
Pennsylvania, more particularly described as follows: i
BEGINNING at an iron pin on the Wes~ Si~ of U.S. Routes ll and 15 at lin~ of
property now or formerly of L.So Sh~re~i thence along the western side of U.S.
Routes 11 and 15, South 5 degrees 9 minutes 30 seconds West a distance of 180
feet to an iron pin at line of lands of Caroline S. Bucher; thence along lands of
Caroline S. Bucher, North 84 de~rees 50 minutes 30 sec6nds West, a distance of
150 feet to an iron pin; thence continuing along said property of CarOline S.
Bucher, North 5 degrees 9 minutes 30 seconds East a distance of 180 feet to an
iron pin; thence along property now or formerly of L.S. Shearerl South 84 degrees
50 minutes 30 seconds East, a distance of 150 feet to an iron pin on the western
side of U.S~ 11 and 15, the place of BEGINNING. ~
BEING all of Lot No. 6, Lot No. 5 and Lot No. 4 on the Plan of Lots of Enola,.
Block 2, which Plan is recorded in the Cumberland County Recorder of Deeds Office
in Plan Book 1, Page 51.
UNDER AND SUBJECT, NEVERTHELESS, to restrictions, easements, rights-of'way and
conditions of prior record.
BEING the same premises which Rosemary Lattuca Roth and Jay A. Roth, her husband,
by deed dated April 3, 1990 and recorded Ap,r~l 5, 1990 in the Office of the
Recorder of Deeds for cumberland County in ~leed ~ook M-34 page 612, granted and
conveyed to Ronald G. Gates and Donna L. Gates, ~is wife.
TAX PARCEL NO. 09-14-0832-27A
Ail that certain tract or parcel of land and premises, situate, lying and being
in the Township of East Pennsboro, in the County of Cu~erland and Commonwealth
of Pennsylvania, more particularly described as follows:
consisting of Lon No. 7 o~ Trac~ No. 3 of Plan of Lots ~ecorded in Cumberland
County Plan Book 1, Page 51, and as shown on a Plan showing Lot No. 7 of the Plan
of Lots of Enola Tract No. 3, as prepared for Virginia and Bruce Shellenberger by
Emerson E. Bornman, Jr., Registered Surveyor, dated June 29, 1985, more
~articularly described as follows:
BEGINNIN~ at an. iron pin in the westerly line of Enola Road at the distance of
four hundred twenty (420) feet measured southwardly along said line of road from
the southeasterly extremity of the arc or curve, having a radius of ten (10)
feet, connecting the southerly line of Dauphin Street with the said westerly line
of Enola Road, said point also being at the dividing line between lands ~erein
described and lands now or formerly of Earl Scheib Paint Shops of Erie, Inc.;
thence along said lands now or formerly of Earl Scheib Paint Shops of Erie, Inc.,
North eighty-four degrees fifty minutes thirty seconds West (N 84 degreesI 50' 30"
W), a distance of one hundred fifty (150.00) feet to an iron pin at line !of
property shown as Lot No. 32 of Tract No. 4 (now or formerly of Caroline Bucher);
thence along said line of proper~y of Lot Nos. 32 and 33, North five degrees nine
minutes thirty seconds East (N 05 degrees 09' 30" E), a distance of sixty (60)
feet to an iron pin at line of Lot No. 6, South eighty-four degrees fifty minutes
thirty seconds East (S 84 degrees 50' 30" E) , a distance of one hundred fifty
(150) feet to an iron pin on the westerly line of Enola Road (U.S. Route 11 &15);
thence along said Enota Road, South five de~rees nine minutes thirty seconds West
I101'
CONTINUATION OF LEGAL DESCRIPTI'ON
Page'l
(S 05'degrees 09' 30" W), a distance of sixty (60) feet to an iron pin, the/point
and Place of BEGINNING. i -
THE CONVEYANCE herein intended includes.lonly the described land and any I
structures and improvements, if any~' thereon and does not include any easements
over adjoining lands now or formerly owned by grantors which may have arisen by
common use of the subject premises With adjoining lands, by agreement or
otherwise.
BEING the same premises which W. Bradford Bucher, Executor of the Estate of
Caroline S. Bucher and Bruce Shellenberger and Virginia M. Shellenberger, by deed
dated February 1, 1990 and recorded February 13, 1990 in the Office of the
Recorder of Deeds for Cumberland County in Deed Book K-34 page 288, granted and
conveyed to Ronald P. Nott and Carol A. Neitz, husband and wife.
Real Estate Sale #32
On June 10, 2004 the sherifflevied upon the
defendant's interest in the real property situated in
East Pennsboro Township, Cumberland County, PA
Known and numbered as 167 Enola Road,
Enola, more fully described on Exhibit "A"
filed with this writ and by this reference incorporated herein.
Date:June 10,2004 By:~J~-o&ff.~t4~
Real Estate Deputy