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HomeMy WebLinkAbout08-3902IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA UNITY BANK, Plaintiff V. Confession of Judgment No. D$ -.37aa, Ou L LcRe-,,-s-j TURNER'S PERSONAL CARE HOME, INC., and 404 SILVER SPRING ROAD, LLC, Defendants COMPLAINT IN CONFESSION OF JUDGMENT Plaintiff, Unity Bank, by and through its legal counsel Lesavoy Butz & Seitz LLC, states the following complaint in confession of judgment: 1. Plaintiff, Unity Bank, is a bank chartered under the laws of New Jersey with an address of 64 Old Highway 22, Clinton, New Jersey 08809. 2. Defendant Turner's Personal Care Home, Inc. ("TPCH") is a Pennsylvania business corporation with an address of 404 Silver Spring Road, Mechanicsburg, PA 17050. 3. Defendant 404 Silver Spring Road, LLC ("404 LLC") is a Pennsylvania limited liability company at with an address of 404 Silver Spring Road, Mechanicsburg, PA 17050. 4. On or about October 23, 2007, Defendants executed a Promissory Note for $605,000 to document a loan from Plaintiff to finance Defendants' acquisition and operation of a personal care home located at 404 Silver Spring Road, Mechanicsburg, PA (the "Note"). A true and correct copy of the Note is attached hereto, made a part hereof, and marked as Exhibit A. 5. The Note contains a waiver of demand. 6. The Note contains a confession of judgment clause which has not yet been exercised and judgment thereon has not been entered in any jurisdiction. 7. At the time they executed the Note, Defendants also signed a separate Disclosure for Confession of Judgment to document the voluntary and knowing nature of Defendants' agreement to the confession of judgment provisions in the Note. A true and correct copy of the Disclosure is attached hereto, made a part hereof and marked as Exhibit B. 8. Defendants are in default of their obligations to Plaintiff under the Note by reason of their failure to make required payments when due. 9. As a result of the foregoing default, all amounts under the Note are due and owing in full. 10. The Note permits Plaintiff to collect attorneys' fees and costs equal to 10% of the unpaid principal and accrued interest due under the Note. 11. The sum of $20,000.00, which is less than half of the 10% figure the Note authorizes, is reasonable for attorneys fees and costs in enforcing Plaintiff's rights and liquidating the collateral for Plaintiff's loan to Defendants. 12. After credit for all partial payments made, the amount due to Plaintiff under the Note is as follows, plus accruing interest: Principal Interest to 6/13/08 Late fees Attorneys' fees (as per Note) TOTAL * per diem = $159.15 $ 603,083.83 $ 9,240.67 $ 555.80 $ 20,000.00 $ 632,880.30 13. Plaintiff has not assigned its interests in the Note or the obligation it secures. 14. Judgment is not being entered against a natural person in connection with a consumer credit transaction. WHEREFORE, Plaintiff demands the entry of judgment against Defendants, jointly and severally, in the amount of $632,880.30, which includes interest to June 13, 2008, plus (A) accruing interest from and including June 14, 2008, at the rate stated in the Note, (B) costs, and (C) such other relief as the Court deems just. LESAVOY BUTZ & SEITZ LLC Jack 37026 7535 Windsor D vn e, Suite 200 Allentown, PA 18195 (610) 530-2700 VERIFICATION I, Michelle S. Kirmser, hereby state and verify that I am a Vice President of the plaintiff organization and that I am authorized to make this verification on behalf of said organization; and that the facts set forth in the foregoing Complaint are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.S.C. §4904 relating to unsworn falsification to authorities. Date: A 2008 444 ichelle S. Kirmser, V.P. ( x ?, ?; -?- A M J d ,oOc -CRIOA33H S31t13S00006 US SrmaB Bwinew Administration U.S. Small Business Administration a NOTE SBA Loan # #29432960-09 SBA Loan Name er's Personal Caze Home, Inc. Date ober 23, 2007 Loan Amount $605,000.00 Interest Rate Prime rate plus 1.250% Borrower 404 Silver Spring Road, LLC, and Turner's Personal Care Home, Inc. Operating Company Turner's Personal Care Home, Inc. Lender Unity Bank PROMISE TO PAY: In return for the Loan, Borrower promises to pay to the order of Lender the amount of Six Hundred Five Thousand Dollars, interest on the unpaid principal balance, and all other amounts required by this Note. 2. DEFINITIONS: "Collateral" means any property taken as security for payment of this Note or any guarantee of this Note. "Guarantor" means each person or entity that signs a guarantee of payment of this Note. "Loan" means the loan evidenced by this Note. "Loan Documents" means the documents related to this loan signed by Borrower, any Guarantor, or anyone who pledges collateral. "SBA" means the Small Business Administration, an Agency of the United States of America. SBA Form 147 (06/03/02) Version 4.1 Page 1/6 PAYMENT TERMS: Borrower must make all payments at the place Lender designates. The payment terms for this Note are: The initial interest rate is 9.50% per year for 5 years. This initial rate is the prime rate on the date SBA received the loan application, plus 1.25%. The interest rate will then fluctuate as described below. The initial interest rate must remain in effect until the first change period begins. Borrower must pay one payment of interest only on the disbursed principal balance one month from the month this Note is dated; payment must be made on the fast calendar day in the month it is due. Borrower must pay principal and interest payments of $5,558.00 every month, beginning two months from the month this Note is dated; payments must be made on the first calendar day in the months they are due. Lender will apply each installment payment fast to pay interest accrued to the day Lender receives the payment, then to bring principal current, then to pay any late fees, and will apply any remaining balance to reduce principal. The interest rate will be adjusted every calendar quarter. (the "change period'). The "Prime Rate" is the prime rate in effect on the first business day of the month in which an interest rate change occurs, as published in the Wall Street Journal on the next business day. The adjusted interest rate will be 1.25% above the Prime Rate. Lender will adjust the interest rate on the first calendar day of each change period. The change in interest rate is effective on that day whether or not Lender gives Borrower notice of the change. Lender must adjust the payment amount at least annually as needed to amortize principal over the remaining term of the note. If SBA purchases the guaranteed portion of the unpaid principal balance, the interest rate becomes fixed at the rate in effect at the time of the earliest uncured payment default. If there is no uncured payment default, the rate becomes fixed at the rate in effect at the time of purchase. Loan Prepayment: Notwithstanding any provision in this Note to the contrary: Borrower may prepay this Note. Borrower may prepay 20% or less of the unpaid principal balance at any time without notice. If Borrower prepays more than 20% and the Loan has been sold on the secondary market, Borrower must: a. Give Lender written notice; b. Pay all accrued interest; and c. If the prepayment is received less than 21 days from the date Lender receives the notice, pay an amount equal to 21 days' interest from the date lender receives the notice, less any interest accrued during the 21 days and paid under subparagraph b., above. If Borrower does not prepay within 30 days from the date Lender receives the notice, Borrower must give Lender a new notice. Additional payment charges apply. When in any one of the first three years from the date of initial disbursement Borrower voluntarily prepays more than 25% of the outstanding principal balance of the loan, Borrower must pay to Lender on behalf of SBA a prepayment fee for that year as follows: a. During the first year after the date on which the loan is first disbursed, 5% of the total prepayment amount; b. During the second year after the date on which the loan is first disbursed, 3% of the total prepayment amount; and, c. During the third year after the date on which the loan is first disbursed, I% of the total prepayment amount. All remaining principal and accrued interest is due and payable 21 years from date of Note. SBA Form 147 (06/03/02) Version 4.1 Page 2/6 Late Charge: If a payment on this Note is more than 10 days late, Lender may charge Borrower a late fee of up to 5.00% of the unpaid portion of the regularly scheduled payment. 4. DEFAULT: Borrower is in default under this Note if Borrower does not make a payment when due under this Note, or if Borrower or Operating Company: A. Fails to do anything required by this Note and other Loan Documents; B. Defaults on any other loan with Lender; C. Does not preserve, or account to Lender's satisfaction for, any of the Collateral or its proceeds; D. Does not disclose, or anyone acting on their behalf does not disclose, any material fact to Lender or SBA; E. Makes, or anyone acting on their behalf makes, a materially false or misleading representation to Lender or SBA; F. Defaults on any loan or agreement with another creditor, if Lender believes the default may materially affect Borrower's ability to pay this Note; G. Fails to pay any taxes when due; H. Becomes the subject of a proceeding under any bankruptcy or insolvency law; I. Has a receiver or liquidator appointed for any part of their business or property; J. Makes an assignment for the benefit of creditors; K. Has any adverse change in financial condition or business operation that Lender believes may materially affect Borrower's ability to pay this Note; L. Reorganizes, merges, consolidates, or otherwise changes ownership or business structure without Lender's prior written consent; or M. Becomes the subject of a civil or criminal action that Lender believes may materially affect Borrower's ability to pay this Note. 5. LENDER'S RIGHTS IF THERE IS A DEFAULT: Without notice or demand and without giving up any of its rights, Lender may: A. Require immediate payment of all amounts owing under this Note; B. Collect all amounts owing from any Borrower or Guarantor; C. File suit and obtain judgment; D. Take possession of any Collateral; or E. Sell, lease, or otherwise dispose of, any Collateral at public or private sale, with or without advertisement 6. LENDER'S GENERAL POWERS: Without notice and without Borrower's consent, Lender may: A. Bid on or buy the Collateral at its sale or the sale of another lienholder, at any price it chooses; B. Incur expenses to collect amounts due under this Note, enforce the terms of this Note or any other Loan Document, and preserve or dispose of the Collateral. Among other things, the expenses may include payments for property taxes, prior liens, insurance, appraisals, environmental remediation costs, and reasonable attorney's fees and costs. If Lender incurs such expenses, it may demand immediate repayment from B orrower or add the expenses to the SBA Form 147 (06/03/02) Version 4.1 Page 3/6 principal balance; C. Release anyone obligated to pay this Note; D. Compromise, release, renew, extend or substitute any of the Collateral; and E. Take any action necessary to protect the Collateral or collect amounts owing on this Note. 7. WHEN FEDERAL LAW APPLIES: When SBA is the holder, this Note will be interpreted and enforced under federal law, including SBA regulations. Lender or SBA may use state or local procedures for filing papers, recording documents, giving notice, foreclosing liens, and other purposes. By using such procedures, SBA does not waive any federal immunity from state or local control, penalty, tax, or liability. As to this Note, Borrower may not claim or assert against SBA any local or state law to deny any obligation, defeat any claim of SBA, or preempt federal law. 8. SUCCESSORS AND ASSIGNS: Under this Note, Borrower and Operating Company include the successors of each, and Lender includes its successors and assigns. 9. GENERAL PROVISIONS: A. All individuals and entities signing this Note are jointly and severally liable. B. Borrower waives all suretyship defenses. C. Borrower must sign all documents necessary at any time to comply with the Loan Documents and to enable Lender to acquire, perfect, or maintain Lender's liens on Collateral. D. Lender may exercise any of its rights separately or together, as many times and in any order it chooses. Lender may delay or forgo enforcing any of its rights without giving up any of them. E. Borrower may not use an oral statement of Lender or SBA to contradict or alter the written terms of this Note. F. If any part of this Note is unenforceable, all other parts remain in effect. G. To the extent allowed by law, Borrower waives all demands and notices in connection with this Note, including presentment, demand, protest, and notice of dishonor. Borrower also waives any defenses based upon any claim that Lender did not obtain any guarantee; did not obtain, perfect, or maintain a lien upon Collateral; impaired Collateral; or did not obtain the fair market value of Collateral at a sale. SBA Form 147 (06103102) Version 4.1 Page 4/6 10. STATE-SPECIFIC PROVISIONS: CONFESSION OF JUDGMENT CLAUSE-THE UNDERSIGNED HEREBY AUTHORIZES AND EMPOWERS ANY ATTORNEY OR CLERK OF ANY COURT OF RECORD IN THE UNITED STATES OR ELSEWHERE TO APPEAR FOR AND, WITH OR WITHOUT DECLARATION FILED, CONFESS JUDGMENT AGAINST THE UNDERSIGNED IN FAVOR OF THE HOLDER, ASSIGNEE OR SUCCESSOR OF HOLDER OF THE NOTE, AT ANY TIME, FOR THE FULL OR TOTAL AMOUNT OF THIS NOTE, TOGETHER WITH ALL INDEBTEDNESS PROVIDED FOR THEREIN, WITH COSTS OF SUIT AND ATTORNEY'S COMMISSION OF TEN (10) PERCENT FOR THE COLLECTION; AND THE UNDERSIGNED EXPRESSLY RELEASES ALL ERRORS, WAIVES ALL STAY OF EXECUTION, RIGHTS OF INQUISITION AND EXTENSION UPON ANY LEVY UPON REAL ESTATE AND ALL EXEMPTION OF PROPERTY FROM LEVY AND SALE UPON ANY EXECUTION HEREON; AND THE UNDERSIGNED EXPRESSLY AGREES TO CONDEMNATION AND EXPRESSLY RELINQUISHES ALL RIGHTS TO BENEFITS OR EXEMPTIONS UNDER ANY AND ALL EXEMPTION LAWS NOW IN FORCE OR WHICH MAY HEREAFTER BE ENACTED. SBA Form 147 (06103/02) Version 4.1 Page 5/6 11. BORROWER'S NAME(S) AND SIGNATURE(S): By signing below, each individual or entity becomes obligated under this Note as Borrower. 404 Silver Spring Road, LLC anisha A. GTurner' Perso 1 Care , /Inc. By >4 ?'?t' , lG By: Habitat fo 'FuturjBufldling, LLC, Operating Manager By. Ina [In Tanisha A. Grandberry, Presid Secretary SBA Form 147 (06103/02) Version 4.1 Page 6/6 Borrower: 404 Silver Spring Road, LLC, and Turner's Personal Care Home, Inc. Lender: Unity Bank Date: d 13 DISCLOSURE FOR CONFESSION OF JUDGMENT I/We have executed a Promissory Note (the "Note") in the original amount of $605,000.00 obligating Borrow pay that amount. Initia e understand that the Note contains wording that would permit Unity Bank to enter judgment against Borrower in Court, without advance notice to Borrower and without offering Borrower an opportunity to defend against the entry of judgment, and that the judgment may be collected immediately by any legal means. Initials: In executing the Note, Borrower is knowingly, understandingly and voluntarily waiving its rights to resist the entry of judgment against it at the courthouse, including any right to advance notice of the entry of, or execution u on, said judgment, and Borrower is consenting to the confession of judgment. Initia I/We certify that Borrower's annual income exceeds $10,000.00; that the blanks in this disclosure were filled in when Uwe initialed and signed; and that I/we received a copy at the time of signing. 404 Silver Spring Road, LLC By: Habitat Future Building, LLC, Operating .n Signed, ac owledged and delivered in the presence of Witness Turn 's Pe onal are Home, Inc. B Tanisha Grandbenry, esidendSecretary ?+ ?x Mod %os ®U31?A93tl, s31d3s 00006 Borrower: 404 Silver Spring Road, LLC, and Turner's Personal Care Home, Inc. Lender: Unity Bank Date: ® 1-3 DISCLOSURE FOR CONFESSION OF JUDGMENT I/We have executed a Promissory Note (the "Note") in the original amount of $605,000.00 obligating Borrow ay that amount. Initia e understand that the Note contains wording that would permit Unity Bank to enter judgment against Borrower in Court, without advance notice to Borrower and without offering Borrower an opportunity to defend against the entry of judgment, and that the judgment may be collected immediately by any legal means. Initials: ?*L In executing the Note, Borrower is knowingly, understandingly and voluntarily waiving its rights to resist the entry of judgment against it at the courthouse, including any right to advance notice of the entry of, or execution u on, said judgment, and Borrower is consenting to the confession of judgment. Initial : I/We certify that Borrower's annual income exceeds $10,000.00; that the blanks in this disclosure were filled in when Uwe initialed and signed; and that Uwe received a copy at the time of signing. 404 Silver Spring Road, LLC By: Habitat for Future Building, LLC, Operating P . A Turn 's Pe onal are Home, Inc. B Tanisha Grandberry, resident/Secretary Tanisha Signed, ac owledged and delivered in the presence of. Witness - 14 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA UNITY BANK, Plaintiff V. TURNER'S PERSONAL CARE HOME, INC., and 404 SILVER SPRING ROAD, LLC, Defendants Confession of Judgment No. AFFIDAVIT OF DEFAULT Michelle S. Kirmser, being duly sworn according to law, hereby swears and deposes as follows: 1. I am a Vice President of Unity Bank ("Unity"), with offices at 64 Old Highway 22, Clinton, New Jersey 08809. 2. I am one of the persons responsible for administering Unity's $605,000 loan to Turner's Personal Care Home, Inc., and 404 Silver Spring Road, LLC. 3. On or about October 23, 2007, Defendants executed a Promissory Note for $605,000 to document a loan from Plaintiff to finance Defendants' acquisition of a personal care facility (the "Note"). A true and correct copy of the Note is attached to Plaintiff's Complaint as Exhibit A. 4. Defendants are in default of their obligations to Plaintiff under the Note by reason of their failure to make required payments when due. 5. As a result of the foregoing default, all amounts under the Note are due and owing in fiill. 6. The Note permits Plaintiff to collect attorneys' fees and costs equal to 10% of the unpaid principal and accrued interest due under the Note. 7. After credit for all partial payments made, the amount due to Plaintiff under the Note is as follows, plus accruing interest: Principal Interest to 6/13/08 Late fees Attorneys' fees (as per Note) TOTAL $ 603,083.83 $ 9,240.67 $ 555.80 $ 20,000.00 $ 632,880.30 * per diem = $159.15 Sworn and subscribed to before me this day of ,a- Z , 2008 NOTARY PUBLIC AoJv 6,7L- on,, UNITY BANK i Michelle S. Kirmser, ice President 71- d e s t"?1 •_•?° C-1 A3 '< IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA UNITY BANK, ) Plaintiff ) V. ) TURNER'S PERSONAL CARE HOME, INC., ) and 404 SILVER SPRING ROAD, LLC, ) Defendants ) Confession of Judgment No. 08 NOTICE OF FILING JUDGMENT (X) Notice is given that a judgment by confession in the above captioned matter has been entered against you in the amount of $L3z 3pon 2009 (X) Copies of all documents filed with the Prothonotary/Clerk of Courts in support of the within judgment is/are enclosed. PROTHONOTARY/ Per: If you have any questions concerning this judgment, please contact the following person: Jack M. Seitz, Esquire One Windsor Plaza 7535 Windsor Drive, Suite 200 Allentown, PA 18195 (610) 530-2700 (THIS NOTICE IS GIVEN IN ACCORDANCE WITH PA.R.C.P. 236) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA UNITY BANK, ) Plaintiff ) V. ) TURNER'S PERSONAL CARE HOME, INC., ) and 404 SILVER SPRING ROAD, LLC, ) Defendants ) Confession of Judgment No. CIS - 346A- C: v ?.t-•? - AFFIDAVIT PURSUANT TO Pa R.C P 2951(a)(2)(ii) Michelle S. Kirmser, a Vice President of Unity Bank, being duly sworn according to law, deposes and says that she is authorized to make this Affidavit for and on behalf of Plaintiff and that to the best of her knowledge, information and belief, judgment is not being entered by confession against a natural person in connection with a consumer credit transaction. UNITY BANK Sworn and subscribed to before me this day of 2008 NOTA Y PUBLIC r ?i'7•- ?J Michelle S. Kirmse , Vice P ! rT ?,? CJl a1 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA UNITY BANK, Plaintiff V. TURNER'S PERSONAL CARE HOME, INC., and 404 SILVER SPRING ROAD, LLC, Defendants Confession of Judgment No. a$ - .3g6;L?_ 0,;wzL tEal*rl NOTICE TO DEFENDANT PURSUANT TO 42 Pa C S 6 27371 TO: Turner's Personal Care Home, Inc. 404 Silver Spring Road, LLC 404 Silver Spring Road 404 Silver Spring Road Mechanicsburg, PA 17050 Mechanicsburg, PA 17050 Pursuant to 42 Pa.C.S. § 273 please take notice that the Plaintiff in this matter has entered a judgment by confession against you in the amount of $632,880.30. You are entitled to file a petition to "strike" or "open" the judgment. In order to do so, you must promptly file a petition with the Court of Common Pleas of Cumberland County, Pennsylvania, as required by Rule 2959 of the Pennsylvania Rules of Civil Procedure. You file a petition by leaving it with the clerk of courts or Prothonotary at the courthouse in Carlisle, PA. A petition is a formal statement of your reasons for challenging the judgment. You must include the names of the parties at the top of the first page and the case number, which is shown above. The petition must state your reasons for challenging the judgment in separate numbered paragraphs. You have to sign the petition and include a sworn statement at the end of the document verifying that the facts you state in the petition are true and accurate. You will waive any defenses and objections not included in your petition to strike or open. You must therefore make every effort to raise all possible issues and defenses in your petition to strike or open in order to avoid waiving any claims. If you elect to file a petition, it must meet the requirements of Rule 2959 of the Rules of Civil Procedure. A full copy of Rule 2959, with explanatory comments, is attached to this Notice. You may also have to comply with local rules of procedure in effect in the county where the judgment was entered. (Page 1 of 2) If you do not file a petition challenging the judgment, the Plaintiff may take steps to collect on the judgment by asking the Sheriff to seize your assets. Accordingly, you should immediately seek the advice of attorney. If you wish to discuss the matter with an attorney but do not know how to find one, you may request a referral by contacting the following agency: CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD ST. CARLISLE, PA 17013 (800) 990-9108 (717) 249-3166 You may receive other papers and notices regarding the judgment. Those other papers do not negate or override this Notice. Likewise, this Notice is not intended to and does not negate any of the notices or information obtained in other papers that may be served upon you. We reiterate that you are required to act promptly if you wish to seek relief from the judgment. If you were incorrectly identified and the judgment was entered against you in error, you may be entitled to collect costs and reasonable attorney's fees as determined by the Court. UTZ & SEITZ LLC Jack Atto ey 7026 One 75 35 Viddsor Drive, Suite 200 Allentown, PA 18195 iu: `'1 530-2700 Attorneys for Plaintiff (Page 2 of 2) Rule 2959. Striking off or Opening Judgment. Pleadings. Procedure. (a)(1) Relief from a judgment by confession shall be sought by petition. Except as provided in subparagraph (2), all grounds for relief whether to strike off the judgment or to open it must be asserted in a single petition. The petition may be filed in the county in which the judgment was originally entered, in any county to which the judgment has been transferred or in any other county in which the sheriff has received a writ of execution directed to the sheriff to enforce the judgment. (2) The ground that the waiver of the due process rights of notice and hearing was not voluntary, intelligent and knowing shall be raised only (i) in support of a further request for a stay of execution where the court has not stayed execution despite the timely filing of a petition for relief from the judgment and the presentation of prima facie evidence of a defense; and (ii) as provided by Rule 2958.3 or Rule 2973.3. (3) If written notice is served upon the petitioner pursuant to Rule 2956.1(c)(2) or Rule 2973.1(c), the petition shall be filed within thirty days after such service. Unless the defendant can demonstrate that there were compelling reasons for the delay, a petition not timely filed shall be denied. (b) If the petition states prima facie grounds for relief the court shall issue a rule to show cause and may grant a stay of proceedings. After being served with a copy of the petition the plaintiff shall file an answer on or before the return day of the rule. The return day of the rule shall be fixed by the court by local rule or special order. (c) A party waives all defenses and objections which are not included in the petition or answer. (d) The petition and the rule to show cause and the answer shall be served as provided in Rule 440. (e) The court shall dispose of the rule on petition and answer, and on any testimony, depositions, admissions and other evidence. The court for cause shown may stay proceedings on the petition insofar as it seeks to open the judgment pending disposition of the application to strike off the judgment. If evidence is produced which in a jury trial would require the issues to be submitted to the jury the court shall open the judgment. (f) The lien of the judgment or of any levy or attachment shall be preserved while the proceedings to strike off or open the judgment are pending. .1. (g)(1) A judgment shall not be stricken or opened because of a creditor's failure to provide a debtor with instructions imposed by an existing statute, if any, regarding procedures to follow to strike a judgment or regarding any rights available to an incorrectly identified debtor. (2) Subdivision (g)(1) shall apply to (1) judgments entered prior to the effective date of subdivision (g) which have not been stricken or opened as of the effective date and (2) judgments entered on or after the effective date. 7 3 -71 t ? d's CJ'1 G? _.O Cn IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA UNITY BANK, Plaintiff ) V. ) TURNER'S PERSONAL CARE HOME, INC., ) and 404 SILVER SPRING ROAD, LLC, ) Defendants ) Confession of Judgment No. 09 -3qd,-X, 6v(,1. AFFIDAVIT OF BUSINESS TRANSACTION Michelle S. Kirmser, a Vice President of Unity Bank, being duly sworn according to law, deposes and says that she is authorized to make this Affidavit for and on behalf of Plaintiff and that to the best of her knowledge, information and belief, the transaction evidenced by the Note attached to Plaintiff's Complaint was made for business purposes and does not relate to or arise out of a consumer transaction. UNITY BANK Sworn and subscribed - me this day of i, -1?- , 2008 NOTARY PUBLIC Michelle S. Kirmser, Vice President ? cn -13 0 . Fft IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA UNITY BANK, V. Plaintiff TURNER'S PERSONAL CARE HOME, INC., and 404 SILVER SPRING ROAD, LLC, Defendants Confession of Judgment c..,_ No. Da -,396A,, NOTICE UNDER RULE 2958.1 OF JUDGMENT AND EXECUTION THEREON NOTICE OF DEFENDANTS' RIGHTS TO: Turner's Personal Care Home, Inc. 404 Silver Spring Road, LLC 404 Silver Spring Road 404 Silver Spring Road Mechanicsburg, PA 17050 Mechanicsburg, PA 17050 A judgment in the amount of $632,880.30 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 you. 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 TO A JUDGE WITHIN THIRTY (30) DAYS AFTER THE DATE ON WHICH THIS NOTICE IS SERVED ON YOU OR YOU MAY LOSE YOUR RIGHTS. (Page 1 of 2) .a r YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP: CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD ST. CARLISLE, PA 17013 (800) 990-9108 (717) 249-3166 OY BLS & SEITZ LLC Jack One Wincgor Plaza 7535 Windsor Drive, Suite 200 Allentown, PA 18195 (610) 530-2700 (Page 2 of 2) r. rl r-1 ?- _L t C -T7 r-f IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA UNITY BANK, Plaintiff V. TURNER'S PERSONAL CARE HOME, INC., and 404 SILVER SPRING ROAD, LLC, Defendants Confession of Judgment CERTIFICATION OF PARTIES' ADDRESSES I hereby certify that, according to Plaintiff's records, Defendants' last known addresses are as follows: Turner's Personal Care Home, Inc. 404 Silver Spring Road, LLC 404 Silver Spring Road 404 Silver Spring Road Mechanicsburg, PA 17050 Mechanicsburg, PA 17050 2. I hereby certify that Plaintiff's address is as follows: Unity Bank Attention: Michelle S. Kirmser, V.P. 64 Old Highway 22 Clinton, NJ 08809 UNITY BANK Sworn and subscribed to before me this day of aC , 2008 NOT PUBLIC d Michelle S. Kirmser, Vide President C- 77 ?f IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA UNITY BANK, ) Plaintiff ) Confession of Judgment v. j No. TURNER'S PERSONAL CARE HOME, INC., ) and 404 SILVER SPRING ROAD, LLC, ) Defendants ) AFFIDAVIT OF NON-MILITARY SERVICE ac;,. Ltslz,-V? Michelle S. Kirmser, a Vice President of Unity Bank, being duly sworn according to law, deposes and says that she is authorized to make this Affidavit for and on behalf of Plaintiff, and that to the best of her knowledge, information and belief, Defendants are not in the Military Service of the United States, nor any State or Territory thereof, or its allies as defined in the Soldiers' and Sailors' Civil Relief Act of 1940 and amendments thereto. UNITY BANK Sworn and ubscribed to before me this day of , 2008 NOT Y PUBLIC Michelle S. Kirmser, ice President DO ` Ul cJ e IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA UNITY BANK, Plaintiff V. Confession of Judgment No. 08-3902 TURNER'S PERSONAL CARE HOME, INC., and 404 SILVER SPRING ROAD, LLC, Defendants PLAINTIFF'S MOTION FOR ALTERNATIVE SERVICE Plaintiff Unity Bank, by and through its attorneys Lesavoy Butz & Seitz LLC, hereby moves this Honorable Court pursuant to Pa.R.C.P. 430 for an Order permitting Plaintiff to serve process, notices, writs, and all related items upon Defendants by alternative means, and in support thereof Plaintiff avers as follows: 1. On October 23, 2007, Plaintiff made a $605,000 loan to Defendants Turner's Personal Care Home, Inc. ("TPCH") and 404 Silver Spring Road, LLC ("404 LLC). 2. TPCH and 404 LLC have registered addresses and operate or operated a personal care facility at 404 Silver Spring Road, Mechanicsburg, PA 17050 (the "Mechanicsburg Property"). 3. The business run by TPCH and 404 LLC is defunct and no longer operates at the Mechanicsburg Property. 4. On October 23, 2007, Tanisha A. Grandberry executed an Unconditional Guarantee thereby becoming the unlimited surety for loan Plaintiff made to TPCH and 404 LLC. 5. Upon information and belief, the only way to effect service on TPCH and 404 LLC is to serve their only known officer/member, Ms. Grandberry. 20080812unity_404 9M*v(404+TPCH) 6. TPCH and 404 LLC defaulted on the loan by failing to make required payments when due. 7. On July 1, 2008, Plaintiff confessed a judgment against TPCH and 404 LLC in the amount of $632,880.30. Plaintiff separately confessed a judgment against Ms. Grandberry for the same amount to Docket No. 08-3904. 8. In order for Plaintiff to enforce its judgments, Plaintiff must serve Defendants via their principal, Tanisha A. Grandberry, with (A) the various notices, filings and forms related to the entry of the judgments, including but not limited to the notices required by Pa.R.C.P. 2958.1 (the "Judgment Papers"), and (B) other motions, petitions, writ papers, and sale notices. 9. TPCH and 404 LLC have not entered appearances in this action. 10. Pa.R.C.P. 2958.1 requires service of the Judgment Papers upon a defendant who has not entered an appearance: (A) by sheriff or by competent adult in the manner prescribed by Rule 402(a) for service of original process upon a defendant, or (B) by the plaintiff mailing a copy in the manner prescribed by Rule 403, or; (C) pursuant to special order of court as prescribed by Rule 430 if service cannot be made as provided in subparagraphs (i) or (ii). 11. Numerous attempts have been made to serve the Judgment Papers as required by Pa.R.C.P. 402(a) and Pa.R.C.P. 403 by personally serving Ms. Grandberry at (i) her last known address of 323 40th Street, Copiague, NY 11726, and (ii) her place of employment, the Nassau County Jail in East Meadow, New York. True and correct copies of affidavits from two different process servers who attempted to serve Ms. Grandberry at her home on multiple occasions are attached hereto as Exhibit A. True and correct copies of affidavits from a process server who attempted to serve Ms. Grandberry the Nassau County Jail are attached hereto as Exhibit B. 2 12. Ms. Grandberry has refused to make herself available for service despite emailed requests for such cooperation. A true and correct copy of an email string with Ms. Grandberry regarding service is attached hereto as Exhibit C. 13. Ms. Grandberry is intentionally evading service by (i) not answering the door when Plaintiff's process server attempts service, (ii) refusing to make herself available at her place of employment, and (iii) rejecting Plaintiffs request for cooperation. 14. Plaintiff has made a good faith effort to serve Defendants by serving Ms. Grandberry but been unsuccessful. 15. Unless the Court allows service by alternative means, Plaintiff will be unable to enforce its judgment and will suffer undue prejudice and injustice as a result. 16. Pursuant to Local Rule 208.2(d), Tanisha A. Grandberry, Defendants' principal, has refused Plaintiff's repeated requests (by email) for cooperation in achieving service of the Judgment Papers. WHEREFORE, Plaintiff, Unity Bank, respectfully requests this Honorable Court enter an Order permitting service on Defendants of all judgment papers, motions, petitions, writs, notices, and papers in this action (A) for original process and papers treated as such under the Rules of Civil Procedure - by posting them at the Mechanicsburg Property and mailing them by first class mail to Tanisha A. Grandberry at 323 40th Street, Copiague, NY 11726, and (B) for all other papers, by first class mail to Defendants in care of Tanisha A. Grandberry at 323 40th Street, Copiague, NY 11726 and to the Mechanicsburg Property. Y WTZ & SEITZ LLC Jack ?S . sq 're, Atty. No. 37026 7535 i sor Dri , Suite 200 All to , 95 (61 0-2700 Attorneys for Plaintiff 3 CERTIFICATE OF SERVICE I hereby certify that on August 13, 2008, I served a true and correct copy of Plaintiff's Motion for Alternative Service by first class mail upon the following: Tanisha A. Grandberry 323 40`'' St. Copiague, NY 11726 404 Silver Spring Road 404 Silver Spring Road Mechanicsburg, PA 17050 Turner's Personal Care Home, Inc. 404 Silver Spring Road Mechanicsburg, PA 17050 20080812unity_404 alwa (404+7PC1Q.DOC Cxk,,bi t IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA X UNITY BANK PLAINTIFF AGAINST TURNER'S PERSONAL CARE HOME, INC., AND 404 SILVER SPRING ROAD, LLC DEFENDANT X State of New York County of Suffolk SS: INDEX it 083902 ATTEMPTED AFFIDAVIT JOHN J. MCGUIGAN BEING DULY SWORN, DEPOSES AND SAYS: THAT SHE IS OVER THE AGE OF EIGHTEEN, 15 NOT A PARTY TO THIS ACTION, AND RESIDES IN SUFFOLK COUNTY, STATE OF NEW YORK. YOUR DEPONENT RECEIVED COPIES OF A WARRANT/CONFESSION OF JUDGMENT AND COMPLAINT IN CONFESSION OF JUDGMENT FOR SERVICE UPON THE DEFENDANTS, TURNER'S PERSONAL CARE HOME, INC., AND 404 SILVER SPRING ROAD, LLC, BY SERVING TANISHA A. GRANDBERRY, AS PRESIDENT AND MANAGING MEMBER, FROM THE ATTORNEY FOR THE PLAINTIFF, FOR SERVICE OF PROCESS AT 323 40TH STREET, COPAIGUE, 11726, COUNTY OF SUFFOLK, STATE OF NEW YORK. YOUR DEPONENT MADE DUE AND DILIGENT EFFORT TO EFFECT SERVICE BY CALLING AT THE. AFOREMENTIONED ADDRESS ON THE 29TH DAY OF JULY, 2008, AT 6:35 P.M. UPON KNOCKING AT THE DOOR OF THE RESIDENCE YOUR DEPONENT RECEIVED NO ANSWER ATTHE DOOR ALTHOUGH HE BELIEVED HE HEARD MOVEMENT WITHIN. YOUR DEPONENT THEN SPOKE WITH A NEIGHBOR AT HOUSE NUMBER 320 WHO ADVISED YOUR DEPONENT THAT HE HAD JUST MISSED THE DEFENDANT, TANISAH A. GRANDBERRY, AS SHE HAD JUST ENTERED THE RESIDENCE BEFORE YOUR DEPONENT ARRIVED, YOUR DEPONENT RETURNED TO THE DOOR OF THE RESIDENCE AND AFTER KNOCKING AND CALLING THE NAME OF THE DEFENDANT, TANISHA A. GRANDBERRY, YOUR DEPONENT STILL RECEIVED NO ANSWER AT THE DOOR. AFTER MAKING A DUE AND DILIGENT EFFORT TO EFFECT SERVICE UPON THE DEFENDANTS, TURNER'S PERSONAL CARE HOME, INC., AND 404 SILVER SPRING ROAD, LLC, BY SERVING TANISHA A. GRANDBERRY, THE PRESIDENT AND MANAGING MEMBER, AT 323 40TH STREET, COPIAGUE, NEW YORK, YOUR DEPONENT VERILY BELIEVES THAT SERVICE CANNOT BE MADE FOR THE REASONS ABOVE SET FORTH. Sworn to before me this 12'h day Of August, 2008. allgi Md In MOW soul l%y ?m1sai" 670p es may 3. 20 JOHN J. M UIGAN IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA X UNITY BANK PLAINTIFF AGAINST TURNER'S PERSONAL CARE HOME, INC., AND 404 SILVER SPRING ROAD, LLC DEFENDANT /p, Nary 01?YES0204o `?•• puauned in NaMau ^Q ' cwvj i*Siw e0ims NWY X State of New York County of Suffolk SS: INDEX # 08-3902 ATTEMPTED AFFIDAVIT VICTORIA VINCESLIO BEING DULY SWORN, DEPOSES AND SAYS: THAT SHE IS OVER THE AGE OF EIGHTEEN, IS NOT A PARTY TO THIS ACTION, AND RESIDES IN SUFFOLK COUNTY, STATE OF NEW YORK. YOUR DEPONENT RECEIVED COPIES OF A WARRANT/CONFESSION OF JUDGMENT AND COMPLAINT IN CONFESSION OF JUDGMENT FOR SERVICE UPON THE DEFENDANTS, TURNER'S PERSONAL CARE HOME, INC., AND 404 SILVER SPRING ROAD, LLC, BY SERVICE UPON TANISHA A. GRANDBERRY AS THE PRESIDENT AND MANAGING MEMBER, FROM THE ATTORNEY FOR THE PLAINTIFF, FOR SERVICE OF PROCESS AT 323 4078 STREET, COPAIGUE, 11726, COUNTY OF SUFFOLK, STATE OF NEW YORK. YOUR DEPONENT MADE DUE AND DILIGENT EFFORT TO EFFECT SERVICE BY CALLING AT THE AFOREMENTIONED ADDRESS ON THE IST" DAY OF JULY, 2008 AT 8:30 A.M., 17TH DAY OF JULY, 2008 AT 6:52 A.M. AND AGAIN AT 7:26 P.M., le DAY OF JULY, 2008, AT 12:39 P.M., 23RD DAY OF JULY, 2008 AT 8:50 A.M., 24TH DAY OF JULY, 2008 AT 7:47 A.M., 2e DAY OF JULY 2008, AT 10:06 A.M., 28' DAY OF JULY, 2008 AT`7:16 A.M., 31ST DAY OF JULY, 2008 AT 9:14 A.M., AND THE IT DAY OF AUGUST, 2008, AT 8:05 A.M. AND ON EACH OCCASION RECEIVED NO ANSWER AT THE DOOR OF SAID RESIDNCE. YOUR DEPONENT SPOKE WITH A NEIGHBOR AT 327 407" STREET, WHO ADVISED YOUR DEPONENT THAT SAID TANISHA A. GRANDBERRY RESIDED AT SAID REDIENCE, BUT IS RARELY SEEN. OPO AFTER MAKING A DUE AND DILIGENT EFFORT TO EFFECT SERVICE UPON THE DEFENDA , ER ANISHA A. PERSONAL CARE HOME, INC., AND 404 SILVER SPRING ROAD, LLC, BY SERVICE I GRANDBERRY, AS PRESIDENT AND MANAGING MEMBER, AT 323 40T8 STR , C 'UE, NEW Y( YOUR DEPONENT VERILY BELIEVES THAT SERVICE CANNOT BE MADE FOR ERE ONS OVE SET FORTH. Sworn to before me this 12th day Of August, 2008. VICTORIA VINCESLIO IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA X UNITY BANK INDEX # 08-3902 PLAINTIFF ATTEMPTED AFFIDAVIT AGAINST TURNER'S PERSONAL CARE HOME, INC., AND 404 SILVER SPRING ROAD, LLC DEFENDANT X State of New York County of Suffolk ANDREW CEPONIS BEING DULY SWORN, DEPOSES AND SAYS: THAT HE IS OVER THE AGE OF EIGHTEEN, IS NOT A PARTY TO THIS ACTION, AND RESIDES IN SUFFOLK COUNTY, STATE OF NEW YORK. YOUR DEPONENT RECEIVED COPIES OF A WARRANT/CONFESSION OF JUDGMENT AND COMPLAINT IN CONFESSION OF JUDGMENT FOR SERVICE UPON THE DEFENDANTS,TURNER'S PERSONAL CARE HOME, INC., AND 404 SILVER SPRING ROAD, LLC, BY SERVICE UPON TANISHA A. GRANDBERRY AS THE PRESIDENT AND MANAGING MEMBER, FROM THE ATTORNEY FOR THE PLAINTIFF, FOR SERVICE OF PROCESS AT HER PLACE OF EMPLOYMENT, THE NASSAU COUNTY JAIL,100 CARMAN AVENUE, EAST MEADOW, NEW YORK 11554. YOUR DEPONENT WAS ADVISED THAT SAID DEFENDANT WAS A CORRECTIONS OFFICER EMPLOYED WITHIN THE JAIL. ON THE 11T'' DAY OF AUGUST, 200$, AT 3:10 P.M., YOUR DEPONENT ATTEMPTED TO EFFECT IN HAND SERVICE UPON THE DEFENDANT, TANISHA GRANDBERRY, AT THE AFORESTATED ADDRESS AND WAS DIRECTED TO THE LEGAL AFFAIRS UNIT WITHIN THE JAIL. YOUR DEPONENT SPOKE WITH AN EMPLOYEE WITHIN LEGAL AFFAIRS WHO ADVISED THAT IT WAS JAIL POLICY NOT TO ALLOW OR ACCEPT SERVICE OF . PROCESS WHEN THE MATTER DID NOT PERTAIN TO THE EMPLOYMENT OF THE DEFENDANT. AFTER MAKING A DUE AND DILIGENT EFFORT TO EFFECT SERVICE UPON THE DEFENDANTS, TURNER'S PERSONAL CARE HOME, INC. AND 404 SILVER SPRING ROAD, LLC, BY SERVING TANISHA GRANDBERRY, AS PRESIDENT AND MANAGING MEMBER, AT THE NASSAU COUNTY JAIL, YOUR DEPONENT VERILY BELIEVES THAT SERVICE CANNOT BE MADE FOR THE REASONS ABOVE SET FORTH. Suwnrn to hafnro ma thic 1 7th dAU Exwt?- C L OJ.!t, VS. "U" J!.AV VI 301111-, vt al. rage i Lit Jack Seitz From: Jack Seitz Sent: Monday, August 11, 2008 10:59 AM To: 'tagenterprise@optonline.net' Cc: 'Michelle Kirmser' Subject: RE: 404 Silver Spring TimeMatterslD: M61659B10A6F0370 TM Contact: Unity Bank, TM Matter Reference: 404 Silver Spring Road LLC The Bank is willing to work with you by agreeing to the terms I previously described. I assume by the email to which this responds that you reject the bank's terms. This means there is no agreement and the bank intends to proceed with its remedies. Please note the Bank's judgments are already of record; we are simply trying to serve you. Our process server will seek access at your place of work and will insist that the facility's administrators make you available since you will not answer the door at your home. It is unfortunate that you find it necessary to increase the bank's expenses since those costs get added to the debt. iseitz@Lesavoyautz. com Jack M. Seitz, Esq. Lesavoy Butz & Seitz LLC One Windsor Plaza 7535 Windsor Drive, Suite 200 Allentown, PA 18195 (610) 530-2700 main ? (610) 530-2727 facsimile This message and any attachments may contain confidential or privileged information and are only for the use of the intended recipient of this message. If you are not the intended recipient, please notify the sender by return email, and delete or destroy this and all copies of this message and all attachments. Any unauthorized disclosure, use, distribution, or reproduction of this message or any attachments is prohibited and may be unlawful. Whenever we provide you with written advice concerning Federal taxes, the United States Treasury Department requires us to provide the following notice to you: Any Federal tax advice contained herein is not intended or written to be used, and cannot be used by you or any other person, for the purpose of avoiding any penalties that may be imposed by the Internal Revenue Code. This disclosure is made in accordance with the rules of Treasury Department Circular 230 governing standards of practice before the Internal Revenue Service. Any written statement contained herein relating to any Federal tax transaction or matter may not be used by any person without our express prior written permission to support the promotion or marketing of or to recommend any Federal tax transaction(s) or matter(s) addressed herein. No advice contained herein may be relied upon or utilized by any person for any purpose except as expressly and affirmatively stated herein without the prior written consent in each instance of a partner of this firm. 8/13/2008 !Jnt`v Manz{ vs. 41JA elver Spring, et al. Page 2 of 3 From: tagenterprise@optonline.net [mailto:tagenterprise@optonline.net] .Sent: Friday, August: 08, 2008 3:55 PM 'ro: Jack Seitz Cc: Michelle Kirmser; Zachary Cohen; Stella Blake Subject: Mr Seitz, From my perspective there doesn't appear to be any compromise or any inclination by unity bank to negotiate a forbearance agreement that I can work with. I standby my original request for a forbearance because that is what I can do right now. I must admit, that I am very disappointed in Unity Bank's response to my forbearance request and their request to call in my note. Until the situation with DPW, the unlawful termination of my personal care home licnense, is settled next week, I am notgoing to waive any rights or allow judgements against me, until I speak with an attorney. BlackBerry service provided by Nextel From: Jack Seitz < jseitz@lesavoybutz.com> Date: Wed, 06 Aug 2008 09:49:35 -0400 To: <tagenterprise@optonline.net> CC: Michelle Kirmser<Michelle.Kirmser@unitybank.com>; Zachary Cohen<zcohen@lesavoybutz.com>; Stella Blake<sblake@lesavoybutz.com> Subject: Unity Bank vs. 404 Silver Spring, et al. By now you must be aware that Unity Bank's process server has been trying to serve papers on you at your home in NY. I assure you that the bank WILL serve you, at work or by special order, and that the added expense of such extraordinary measures will be added to the debt. This could be a substantial sum, so I urge you to cooperate and make an appointment with our server to accept service at a time and place convenient for you. Failing that, we will do what it takes to achieve service. jseitza LesavoyButz.com Jack M. Seitz, Esq. Lesavoy Butz & Seitz LLC One Windsor Plaza 7535 Windsor Drive, Suite 200 Allentown, PA 18195 (610) 530-2700 main ? (610) 530-2727 facsimile This message and any attachments may contain confidential or privileged information and are only for the use of the intended recipient of this message. If you are not the intended recipient, please notify the sender by return email, and delete or destroy this and all copies of this message and all attachments. Any unauthorized disclosure, use, distribution, or reproduction of this message or any attachments is prohibited and may be unlawful. 8/13/2008 unnlw ,13anx VS. 4f.14 ? ver Jpnng, et a1. Yage i of 3 Whenever we provide you with written advice concerning Federal taxes, the United States Treasury Department requires us to provide the following notice to you: Any Federal tax advice contained herein is not intended or written to be used, and cannot be used by you or any other person, for the purpose of avoiding any penalties that may be imposed by the Internal Revenue Code. This disclosure is made in accordance with the rules of Treasury Department Circular 230 governing standards of practice before the Internal Revenue Service. Any written statement contained herein relating to any Federal tax transaction or matter may not be used by any person without our express prior written permission to support the promotion or marketing of or to recommend any Federal tax transaction(s) or matter(s) addressed herein. No advice contained herein may be relied upon or utilized by any person for any purpose except as expressly and affirmatively stated herein without the prior written consent in each instance of a partner of this firm. 8/13/2008 G c n "l'7 , y s 1P AUG 18 2008 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA UNITY BANK, Plaintiff V. TURNER'S PERSONAL CARE HOME, INC., and 404 SILVER SPRING ROAD, LLC, Defendants ORDER Confession of Judgment No. 08-3902 AND NOW, this day of k?v? , 2008, upon consideration of Plaintiffs Motion for Alternative Se ice pursuant to Pa.R.C.P. No. 430, it is hereby ORDERED that Plaintiff's Motion is granted; and it is further ORDERED that all papers and notices related to the entry of Plaintiff's judgment, including but not limited to the Pa.R.C.P. 2958.1 notice, as well as all subsequent execution papers, writs, petitions, motions, and filings or notices of any kind in this matter, shall be served upon Defendants by serving Defendants' principal, Tanisha A. Grandberry, as follows: (A) for papers constituting or treated as original process under the Rules of Civil Procedure: by bei1i (i) affixing said items to the front door of the property at 404 Silver Spring Road, Mechanicsburg, PA 17050 (or if access is restricted, then to the main gate or entryway leading to the property); and (ii) mailing said items by first class mail to Tanisha A. Grandberry at 323 40th Street, Co ;ague, NY 1172¢; and ? ? A rod'./ -frr {lam f4-#? dom ?`'v7- U3 qv • 1 (B) for other papers (those that are not original process or treated as such): by mailing said items by first class mail both (i) to Defendants at 404 Silver Spring Road, Mechanicsburg, PA 17050, and (ii) to Tanisha A. Grandberry at 323 40th Street, HE C URT: ,J. 2MM 12uniry_404 a1Wv(404+TPCR) DOC w4no 91 =c wd b 1 qnv 80QZ AdViONUH-LCdd DIHtl O I • t . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA UNITY BANK, Confession of Judgment Plaintiff V. TURNER'S PERSONAL CARE HOME, INC., and 404 SILVER SPRING ROAD, LLC, Defendants No. 08-3902 CERTIFICATION OF SERVICE Pursuant to the Court's Order of August 19, 2008, I certify the following: 1. On August 27, 2008, I served Defendants by serving the following documents upon Tanisha Grandberry by first class mail addressed to 323 400'-Street, Copiage, NY 11726: (i) Warrant and Complaint in Confession of Judgment; (ii) Notice Under Rule 2958.1;(iii) Affidavit of Business Transaction; (iv) Notice to Defendant Pursuant to 42 Pa.C.S. § 2737.1; (v) Affidavit Pursuant to Pa.R.C.P. 295 1 (a)(2)(ii); (vi) Affidavit of Default; and (vii) Certification of Parties' Addresses. True and correct copies of the letter enclosing the documents, with a Certificate of Mailing, are attached as Exhibit A. 2. On August 29, 2008, Plaintiff s process server posted copies of the same documents by affixing them to 404 Old Silver Spring Road, Mechanicsburg, PA 17055, as per the Affidavit of Service attached hereto as Exhibit B. 3. On September 5, 2008, Plaintiff s process server posted copies of the same documents by affixing them to 323 4& Street, Copiague, NY 11726, as per the Affidavit of Service attached hereto as Exhibit C. l BUTZ & SEITZ LLC Date: September 2008 Attorne d. 37026 Zach J. C Cohen, Esq. A rney No. 119 ne Windsor Plaza 7535 Windsor Dr., Suite 200 Allentown, PA 18195-1034 (610) 530-2700 Attorneys for Unity Bank EXL, 6- r A M j 6 wE: m aMA338 S3fH3S 00006 LESAVOY BUTZ & SEITZ ATTORNEYS AT LAW LLc August 27, 2008 VIA FIRST CLASS MAIL Ms. Tanisha A. Grandberry 323 40th St. Copiague, NY 11726 Re: Unity Bank v. Turner's Personal Care Home, Inc., et al Case No. 08-3902 (Cumberland County, PA) Dear Ms. Grandberry: Pursuant to the Order entered on August 19, 2008 (copy enclosed), I enclose copies of the following: ? Warrant/Complaint in Confession of Judgment; ? Notice Under Rule 2958.1; Y Affidavit of Business Transaction; Y Notice to Defendant Pursuant to 42 Pa.C.S. § 2737.1; ? Affidavit Pursuant to PA.R.C.P 2951(a)(2)(ii); Y Affidavit of Default; and ? Certification of Parties Addresses. Very truly yours, ? taaelk M. Seitz JMS/srb Enclosure cc (w/o enc.): Michelle S. Kirmser, V.P. 7535 Windsor Drive • Suite 200 • Allentown, PA 18195-1034 610.530.2700 • 610.530.2727 Fax • JSeitzpLesavoyButz.com U.S. POSTAL SERVICE CERTIFICATE OF Affix fea hare in Stamm JACK M SEITZ ESQ PROVIDE FF- LESAVOY BUTZ & SEITZ LLC Receive ONE WINDSOR PLAZA W N 7535 WINDSOR DR SUITE 200 WN PA 18195-1034 7 ALLENTO WCo v One piece of ordinary mail addressed to: > J ip elo rr A, 000 CK) -3 101H sf- r So 0 ? G cr.; PS Form 3817, January 2001 Df3,13?©O lGxhyb? f .B a o "O"s t7091?A'a3d ,'3;H-7S 00006 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA UNITY BANK, ) Plaintiff ) Confession of Judgment V. ) No. 08-3902 TURNER'S PERSONAL CARE HOME, INC., ) and 404 SILVER SPRING ROAD, LLC, ) Defendants ) AFFIDAVIT OF SERVICE COMMONWEALTH OF PENNSYLVANIA ) ) SS COUNTY OF CUMBERLAND ) I, William D. Hesse, being duly sworn according to law, depose and say that I am an adult over the age of eighteen (18) years; that I POSTED the items listed below on the property loc ted at 404 LSilver Spring Road, Mechanicsburg, PA 17050 (the "Property")on r, 2008, at (a) Warrant/Complaint in Confession of Judgment; (b) Notice Under Rule 2958.1; (c) Affidavit of Business Transaction; (d) Notice to Defendant Pursuant to 42 Pa.C.S. § 2737.1; (e) Affidavit Pursuant to PA.R.C.P 295 1 (a)(2)(ii); (f) Affidavit of Default; and (g) Certification of Parties Addresses I posted the above items by affixing them to the following location on the Property: o C5, U ?d Ile PA dart ?S 6u'e William D. Hesse SWORN TO AND SUBSCRIBED I, EFORE ME THIS P q DAY OF (J? , 2008 p , D.- No Seal Rard R. Conley, Notary public eoro, Curbed W C Xy Eores Apr. 23. 2009 Pennsylvania Association ryes ?Xh.yb`t C scajakm? M O,d %00 S31H3S 00006 . ,.... IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA UNITY BANK, Plaintiff V. TURNER'S PERSONAL CARE HOME, INC., and 404 SILVER SPRING ROAD, LLC, Defendants Confession of Judgment No. 08-3902 AFFIDAVIT OF SERVICE STATE OF NEW YORK ) ) SS COUNTY OF SUFFOLK ) 1, victoria yinceslio , being duly sworn according to law, depose and say that I am an adult over the age of eighteen (18) years; that I POSTED the items listed below on the property located at 323 40`' Street, Copiague, NY 11726 (the "Property")on September 05 , 2008, at 9:08 a.m./p;xx (a) Warrant/Complaint in Confession of Judgment; (b) Notice Under Rule 2958.1; (c) Affidavit of Business Transaction; (d) Notice to Defendant Pursuant to 42 Pa.C.S. § 2737.1; (e) Affidavit Pursuant to PA.R.C.P 295 1 (a)(2)(ii); (f) Affidavit of Default; and (g) Certification of Parties Addresses I posted the above items by affixing them to the following locgfonAn the "Affixed to front door" SWORN TO AND SUBS RIBED BEFORE ME THIS AY OF 'IF Notary Public r.a C7 m n r= -C G'ti ?C 1t. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA UNITY BANK, Plaintiff ) Confession of Judgment V. ) No. 08-3902 TURNER'S PERSONAL CARE HOME, INC., ) and 404 SILVER SPRING ROAD, LLC, ) Defendants ) PRAECIPE FOR WRIT OF EXECUTION UPONA CONFESSED JUDGMENT TO THE PROTHONOTARY: Issue writ of execution upon a judgment entered by confession in the above matter, (1) directed to the Sheriff of Cumberland County, Pennsylvania; (2) against TURNER'S RERSONAL CARE HOME, INC., and 404 SILVER SPRING ROAD, LLC, Defendants; and (Name of Defendant) (3) against N/A , Garnishee; (Name of Garnishee) (4) and index this writ (a) against N/A , Defendant; and (Name of Defendant) (b) against N/A , as Garnishee, (Name of Garnishee) as a lis pendens against real property of the Defendant in the name of Garnishee as fOIIOWS: (Specifically describe property) (If spac insufficient attach extra sheets) (Page 1 of 2) 20081003w umty_u real eatate.DOC PROPERTY TO BE LEVIED ON: Real property known as real estate known as 404 Silver Spring Road, Mechanicsburg, Cumberland County, PA, designated Tax Parcel No. 38-20-1836-003, 'as more particularly described in a Mortgage from Defendant, 404 Silver! Spring Road, LLC to Plaintiff recorded on November 5, 2007, in Instrument #200741926. (5) AMOUNT DUE Amount due from judgment (through 6/13/08) $ 632,880.30 Interest from 6/14/08 Ito 3/4/09 (264 days @ 159.15, per day) $ 42,015.60 TOTAL $ 674,895.90 Plus additional costs and additional interest. CERTIFICATION I certify that: (A) This Praecipe is based on a judgment entered by confession, and (B) Notice has been served pursuant to Rule 2958.1 at least 30 days prior to the filing of this praecipe as evidenced by a return of service filed of record. BY: JAC Z, ESQUIRE Leseat B i & Seitz LLC Attorney No. 37026 One Windsor Plaza 7535 Windsor Dr., Suite 200 Allentown, PA 18195 (610) 530-2700 Attorneys for Unity Bank (Page 2 of 2) 20081003-e unity_W-mal estate-DOC 7? vri 5115(* O N V ? ? O z? C p N G cJ ? r-n tD T ? "L7 ?r -Tl --t ?:J r . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. ) No. 08-3902 TURNER'S PERSONAL CARE OME, INC., ) and 404 SILVER SPRING ROAD LLC, ) Defendants ) UNITY BANK, ) Plaint* ) Confession of Judgment 1 Unity Bank sets forth, as of tie date the Praecipe for Writ of Execution was filed,I the following information concerning a arcel of real estate known as 404 Silver Spring Road, Mechanicsburg, Cumberland County, PA, designated tax parcel no. 38-20-1836-003 (the "Mortgaged Property"): 1. Owners : The owner(s) are as follows: 404 Silver PA 17050. 2. Defendant(s): The judgment is as follows: (a) Turner's Per Mechanicsburg, PA 17050; (b) 404 Silver S PA 17050. 1 The cover date on Plaintiff's supplement this Affidavit as necessary. 20081003-unily_u real estaw.DOC ) and last known address(es) of the owner(s) or reputed Road, LLC, 404 Silver Spring Road, Mechanicsburg, and last known addresses of the Defendants in the Care Home, Inc., 404 Silver Spring Road, Road, LLC, 404 Silver Spring Road, Mechanicsburg, is October 21, 2008. Plaintiff will obtain a bringdown and 3. Judgment Creditor(s): The name(s) and last known address(es) of every judgment creditor whose judgment is a record lien on the property to be sold is as follows: (a) Plaintiff, with an address of 64 Old Highway 22, Clinton, NJ 08809, has a judgment lien on the real property to be sold. Said judgment was entered in the office of the Prothonotary of Cumberland County, Pennsylvania, on July 1, 2008, in the amount of $632,880.30 to the above terms number. The lien arising from the judgment relates back to the mortgage described in Section 4(a) below. 4. Mortgage Holder(s): The name(s) and last known address(es) of the last recorded holder of every mortgage of record on the real estate to be sold is as follows: (a) Plaintiff, with an address of 64 Old Highway 22, Clinton, NJ 08809, has a mortgage of $605,000 on the subject property dated October 23, 2007, recorded on November 5, 2007, in Instrument #200741926. 5. Other Lien(s): The name(s) and last known address(es) of all other person(s) who have record liens on the real estate to be sold are as follows: (a) The Township of Hampden, 230 S. Sporting Hill Road, Mechanicsburg, PA 17050, has a municipal lien on the Property for $731.32 to docket no. 2008-05668. 6. Other Record Interests: The name(s) and last known address(es) of all other person(s) who have any record interest in the real estate to be sold and whose interest may be affected by the sale are as follows: (a) Plaintiff, with an address of 64 Old Highway 22, Clinton, NJ 08809, has the following interests: (i) an Assignment of Rents dated October 23, 2007, recorded on November 5, 2007, Instrument No. 200741927; and (ii) a UCC-1 Financing Statement recorded on November 5, 2007, Instrument No. 200741928. 7. Others Persons With Interests: The name(s) and last known address(es) of all other person(s) of whom Plaintiff has knowledge who has any interest in the real estate to be sold III which may be affected by the sale ar$ as follows: Not applicable. 2008]003w unity_W rreel estate.DOC .r " Plaintiff knows of no other person(s) who have any interest in the property and who may be affected by this sale. I verify that the statements made in this Affidavit are true and correct to the best of my personal knowledge, information or belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.I, Section 4904 relating to unsworn falsification to authorities. LESAVO"UTZ & SEITZ LLC Date: N", vt , 2008 Jack M.'aitz, Esetqi One Windsor Plaza 7535 Windsor Dr., Suite 200 Allentown, PA 18195 (610) 530-2700 Attorneys for Unity Bank 20081003w unity turner real uatate.DOC -:- CD Fi l F f V Yt?-'3-?1 -t f ? (JI IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA UNITY BANK, Plaintiff V. TURNER'S PERSONAL CARE HOME, INC., and 404 SILVER SPRING ROAD LLC, Defendants Confession of Judgment No. 08-3902 AFFIDAVIT OF LAST KNOWN ADDRESS OF DEFENDANT(S) I, Jack M. Seitz, Esquire, hereby certify that the last known addresses of the Defendants are as follows: Turner's Personal Care Home, Inc. 404 Silver Spring Road, Mechanicsburg, PA 17050 404 Silver Spring Road, LLC 404 Silver Spring Road Mechanicsburg, PA 17050 Date:: At d V- 3A , 2008 1 rn and s bed to before me this oa_ da of , 2 08 Notary Public 404 Silver Spring Road, LLC c/o Tanisha A. Grandberry 323 40th St. Copiague, NY 11726 404 Silver Spring Road, LLC c/o Tanisha A. Grandberry 404 Silver Spring Road Mechanicsburg, PA 17050 LESAW)KBUTZ & SEITZ LLC Jac Seitz Esquire At tm: ey 7026 One Windsor Plaza 7535 Windsor Dr., Suite 200 Allentown, PA 18195 (610) 530-2700 Attorneys for Unity Bank COMMONWEAL OF PENNSYLV NotarialSea! ,?Pe Stella Blake, Notary public C0m a xp?Ps Lang 13,2My 2008 R4W"r, Pennsylvania A,,x,iaygl pf Notaries 20N1003wm unite m rreal mtate.DOC _l f i t IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA UNITY BANK, ) Plaint ff ) Confession of Judgment V. ) No. 08-3902 TURNER'S PERSONAL CARE OME, INC., ) and 404 SILVER SPRING ROAD LLC, ) Defen ants ) Jack M. Seitz hereby states that he is the attorney for the Plaintiff in the above captioned matter and that the premises are not subject to the provisions of Act 91 because it is: [ ] an FHA Mortgage [ x ] non-ov?mer occupied I [ ] vacant [ ] Act 91 (procedures have been fulfilled This certification is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. LESAVOY BUTZ & SEITZ LLC Date: //- 2q , 2008 Sw and su cribed to before me s day of _, 2008 .>Uw_ Notary Public Jack Atto e No--A4UL0 One Windsor Plaza 7535 Windsor Dr., Suite,' Allentown, PA 18195 (610) 530-2700 Attorneys for Unity Bank 00 COMMONWEALTH OF PENNSYLVANIA Notarial Seal Stella Blake, Notary Public Upper Macungie My Lehigh CouCommisskin ET xpres n? Jan. 13, 200 Member, Pennsylvania Association of Notaries 20 %1W3..1m;1y_tai> ml mtACDOC C=Zl D _ C-n ' r } a C-n A f' ',,R IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA UNITY BANK, ) Plaintiff ) V. ) TURNER'S PERSONAL CARE HOME, INC., ) and 404 SILVER SPRING ROAD, LLC, ) Defendants ) TO: 404 Silver Spring Road, LLC 404 Silver Spring Road Mechanicsburg, PA 17050 Confession of Judgment No. 08-3902 NOTICE OF SHERIFF'S SALE OF REAL PROPERTY Your real estate known as real estate known as 404 Silver Spring Road, Mechanicsburg, Cumberland County, PA, designated Tax Parcel No. 38-20-1836-003, will be to be sold at Sheriffs Sale on March 4, 2009, at 10:00 a.m., at the Cumberland County Courthouse, One Courthouse Square, Carlisle, Pennsylvania, to enforce the court judgment of $674,895.90 (plus interest and costs) obtained by Plaintiff against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale you must take immediate action: 1. The sale will be canceled if you pay back to UNITY BANK, the amount of the judgment plus costs OR the back payments, late charges, costs and reasonable attorney fees due. To find out how much you must pay, call: Michelle Kirmser at (908) 713-4311. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 20081003w pniq_ r real mweAOC r• .,IW6 3. You may be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have stopping the sale. (See below on how to obtain an attorney.) YOU MAY STILL BE AB 4E TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriffs Sale is 'not stopped, your property will be sold to the highest bidder. You may find out the price liy calling Michelle Kirmser at (908) 713-4311. 2. You may be able to p tition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. 4. If the amount due from the buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. i 5. You have a right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled t a share of the money which was paid for your property. A schedule of distribution of the mone bid for your house will be filed by the Sheriff no later than thirty (30) days from the date of the ale. This schedule will state who will be receiving that money. The money will be paid out in accordance with the schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the date of filing said schedule. 7. You may also have other rights and defenses or ways of getting your property back, if you act immediately after the sale. i YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW O FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMqBDFORD RLAND COUNTY LAW R REFERRAL SERVICE 32 S. ST. CARLISLE, PA 17013 (800) 990-9108 200811X13w Mly_ft er real MtWt DOC r IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA UNITY BANK, Plaintiff V. Confession of Judgment No. 08-3902 TURNER'S PERSONAL CARE HOME, INC., and 404 SILVER SPRING ROAD LLC, TO: Turner's Personal Care Ho e, Inc. 404 Silver Spring Road Mechanicsburg, PA 17050 Your real estate known as real estate known as 404 Silver Spring Road, Mechanicsburg, Cumberland County, PA, designated Tax Parcel No. 38-20-1836-003, will be to be sold at Sheriffs Sale on March 4, 2009, at 1 :00 a.m., at the Cumberland County Courthouse, One Courthouse Square, Carlisle, Pennsylvania, to enforce the court judgment of $674,895.90 (plus interest and costs) obtained by Plaintiff against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale you must take immediate action: 1. The sale will be canceled if you pay back to UNITY BANK, the amount of the judgment plus costs OR the back payments, late charges, costs and reasonable attorney fees due. To find out how much you must pay call: Michelle Kirmser at (908) 713-4311. 2. You may be able to st p the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 20081003wae 5ky_tKnW ft l W"-DOC I 3. You may be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have stopping the sale. (See below on how to obtain an attorney.) I YOU MAY STILL BE AB E TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE HERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriffs Sale isllnot stopped, your property will be sold to the highest bidder. You may find out the price by calling Michelle Kirmser at (908) 713-4311. 2. You may be able to p tition the Court to set aside the sale if the bid price was grossly inadequate compared to the alue of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. 4. If the amount due fro the buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale n ver happened. 5. You have a right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your property. A schedule of distribution of the money bid for your house will be filed by the Sheriff no later than thirty (30) days from the date of the 'ale. This schedule will state who will be receiving that money. The money will be paid out n accordance with the schedule unless exceptions (reasons why the proposed distribution is wro g) are filed with the Sheriff within ten (10) days after the date of filing said schedule. 7. You may also have other rights and defenses or ways of getting your property back, if you act immediately after the sale. YOU SHOULD TAKE THI PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR ANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW O FIND OUT WHERE YOU CAN GET LEGAL HELP. CLIMB BLAND COUNTY LAW R REFERRAL SERVICE 32 S. BIEDFORD ST. CARLISLE, PA 17013 (800) 9§0-9108 20081003w unity_tumcr real mtate.DOC r Ll IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA UNITY BANK, ) Plaintiff ) V. ) TURNER'S PERSONAL CARE OME, INC., ) and 404 SILVER SPRING ROAD LLC, ) Defendants ) TO: 404 Silver Spring Road, LL c/o Tanisha A. Grandberry 323 40th St. Copiague, NY 11726 Your real estate known as reg Cumberland County, PA, designated Sheriffs Sale on March 4, 2009, at 1 Courthouse Square, Carlisle, Pennsy: interest and costs) obtained by Plaint YOU MAY BE To prevent this Sheriffs Sale you Confession of Judgment No. 08-3902 404 Silver Spring Road, LLC c/o Tanisha A. Grandberry 404 Silver Spring Road Mechanicsburg, PA 17050 estate known as 404 Silver Spring Road, Mechanicsburg, ax Parcel No. 38-20-1836-003, will be to be sold at :00 a.m., at the Cumberland County Courthouse, One ania, to enforce the court judgment of $674,895.90 (plus f against you. TO PREVENT THIS SHERIFF'S SALE take immediate action: 1. The sale will be canceled if you pay back to UNITY BANK, the amount of the judgment plus costs OR the back payments, late charges, costs and reasonable attorney fees due. To find out how much you must pays call: Michelle Kirmser at (908) 713-4311. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 20081003--ity_n . real wtat DOC ti You may be able to stop the sale through other legal proceedings. You may need an attorney to'' assert your rights. The sooner you contact one, the more chance you will have stopping the sae. (See below on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriff s Sale is not stopped, your property will be sold to the highest bidder. You may find out the price by calling Michelle Kirmser at (908) 713-4311. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. 4. If the amount due from the buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have a right to re ain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed t the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled th a share of the money which was paid for your property. A schedule of distribution of the money bid for your house will be filed by the Sheriff no later than thirty (30) days from the date of the s le. This schedule will state who will be receiving that money. The money will be paid out n accordance with the schedule unless exceptions (reasons why the proposed distribution is wrog? 9) are filed with the Sheriff within ten (10) days after the date of filing said schedule. 7. You may also have other rights and defenses or ways of getting your property back, if you act immediately after the sale. YOU SHOULD TAKE THI PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR ANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE 32 S. BEDFORD ST. CARLISLE, PA 17013 (800) 9P0-9108 20081007wm unity_w-real eslate.DOC P.-I LEGAL DESCRIPTION PARCEL NO. I: ALL THAT CERTAIN tract of land, together with the improvements thereon erected, situate partly in the Township of Silver Spring and partly in the Township of Hampden, County of Cumberland and Commonwealth of Pennsylvania, bounded and described as follows, to wit: BEGINNING at a point marked by a spike in the center of the Public Road leading from Mechanicsburg to Route 11, known as Silver Sprint Road, said spike being South 4 degrees East, 22 feet from another spike in the center of said road which marks the corner of land now or formerly of Silver Spring Presbyterian Church; said point of beginning being also in the southern line of a proposed 22-foot private drive extending from the said Silver Spring Road to other lands now or formerly of Harold L. Pyke and Myrle B. Pyke, his wife, immediately adjacent and to the East of the tract hereby conveyed; thence along the southern line of said proposed 22-foot private drive, North 87 degrees East, 457 feet to an iron pin in the line of other lands now or formerly of Harold L. Pyke and Myr e B. Pyke, his wife, of which the tract of land herein conveyed was formerly a part; thence along the line of said last mentioned lands, South 5 degrees East, 322 feet to an iron pin; thence continuing along the line of same, South 78 degrees West, 469.6 feet to a spike in the center of the Public Road leading from Mechanicsburg to Route 11, known as the Silver Spring Road, aforementioned; thence along the center line of said Public Road, North 4 degrees West, 92.2 feet to a spike in the center of said road, the point and place of BEGINNING. HAVING THEREON ERECTED a two and one-half stone and frame dwelling house, frame bank barn, garage and other outbuildings. UNDER AND SUBJECT, nevertheless, to easements, restrictions, reservations, conditions and rights of way of record or visible upon inspection of premises. I PARCEL II: ALL THAT CERTAIN tract of land situate in Silver Spring Township, Cumberland County, Pennsylvania, more particulajrly bounded and described as follows, to wit: BEGINNING at a point, said?point being at a concrete monument located at the northwest corner of Lot No. IA, Sou 81 degrees 58 minutes 33 seconds East, along lands now or formerly of Silver Spring Presbyte 'an Church, a distance of 689.96 feet to an iron pin; thence South 08 degrees 18 minutes 16 seconds East, along the center of Trindle Spring Run, a distance of 24.16 feet to a set iron pin; thence South 02 degrees 30 minutes 21 second East, a distance of 30.73 feet to a set iron pin; thence So th 00 degrees 04 minutes 48 seconds West, a distance of 122.19 feet to a set iron pin; thence continuing along the center of Trindle Spring Run, South 22 degrees 16 minutes 46 seconds West, a distance of 52.22 feet to a set iron pin; thence South 16 degrees 50 minutes 08 seconds West, a distance of 102.29 feet to a set iron pin; thence South 70 degrees 54 minutes 48 seconds West, along lands now or formerly of Douglas W. George and 20081003w mily_tma rol aute.DOC r? Kimberly A. George, a distance of 165.13 feet to an iron pin; thence North 10 degrees 43 minutes 23 seconds West, along lands now or formerly of Timothy C. Yeager and Elenita B. Yeager, a distance of 320.73 feet to an iron pipe; thence South 82 degrees 23 minutes 08 seconds West, along said lands now or forme?rly of Yeager, a distance of 422.27 feet to an iron pin; thence North 10 degrees 56 minutes p7 seconds West, a distance of 21.95 feet to a concrete monument, the place of BEGINNING. BEING Lot No. 1A as sho on the Final Subdivision Plan (Lot Add-on) of Timothy C. Yeager and Elenita B. Yeager, recor4ed at Plan Book 91, Page 60 in the Recorder of Deeds Office in and for Cumberland County, Pennsylvania. CONTAINING 1.95 acres, more or less. BEING the same premises which Timothy C. Yeager and Elenita B. Yeager, by their deed dated October 23, 2007, and re orded November 5, 2007 in the Office of the Recorder of Deeds of Cumberland County, Penn lvama to Instrument No. 200741925, granted and conveyed unto 404 Silver Spring Rod' LLC. Map No. 38-20-1836-003. 20081003u unity turner real Watc.DOC WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 08-3902 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due UNITY BANK, Plaintiff (s) From TURNER'S PERSONAL CARE HOME, INC., and 404 SILVER SPRING ROAD, LLC (1) You are directed to levy uponlthe property of the defendant (s)and to sell SEE LEGAL DESCRIPTION. (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 he defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $632,880.30 L.L. $.50 Interest from 6/14/08 to 3/04/09 (264 days @ $159.15 per day) -- $42,015.60 Atty's Comm % Due Prothy $2.00 Atty Paid $54.00 Other Costs Plaintiff Paid Date: 11/25/08 ?I Curtis R. Lon , rothonotar (Seal) By: Deputy REQUESTING PARTY: Name: JACK M. SEITZ, ESQUIRE Address: LESAVOY BUTZ & SEITZ LLC ONE WINDSOR PLAZA 7535 WINDSOR DRIVE, SUITE 200 ALLENTOWN, PA 18195 Attorney for: PLAINTIFF Telephone: 610-530-2700 Supreme Court ID No. 37026 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA UNITY BANK, ) Plaintiff ) Confession of Judgment V. ) No. 08-3902 } TURNER'S PERSONAL CARE HOME, INC., ) and 404 SILVER SPRING ROAD, LLC, ) } Defendants ) CERTIFICATION OF SERVICE Pursuant to the Court's Order of August 19, 2008, I certify the following: 1. On December 2, 2008, I served Defendants by serving the following documents upon Tanisha Grandberry by first class mail addressed to 323 40th Street, Copiage, NY 11726: (i) Praecipe for Writ of Execution Upon a Confessed Judgment; (ii) Writ of Execution; (iii) Writ of Execution Notice; (iv) Claim for Exemption; (v) Certification as to the Sale of Real Property; (vi) Affidavit of Last Known Addresses of Defendants; (vii) Notice of Sheriff's Sale of Real Property; (viii) Affidavit Pursuant to Rule 3129.1; and (ix) the Legal Description. True and correct copies of the letter enclosing the documents, with a Certificate of Mailing, are attached as Exhibit A. 2. On December 22, 2008, the Cumberland County sheriff's office posted copies of the same documents by affixing them to 404 Old Silver Spring Road, Mechanicsburg, PA 17055, as per the sheriff's return attached hereto as Exhibit B. 3. On December 9, 2008, Plaintiff's process server posted copies of the same documents by affixing them to 323 40th Street, Copiague, NY 11726, as per the Affidavit of Service attached hereto as Exhibit C. LESAVOY,RUTZ,& SEITZ LLC Date: January 2009 Jack M. it , Atto y o. 37 Zach J. Cohen, sq. Atto y No. 91119 One Windsor Plaza 7535 Windsor Dr., Suite 200 Allentown, PA 18195-1034 (610) 530-2700 Attorneys for Unity Bank m x Q' D LESAVOY BUTZ & SEITZ LLC ATTORNEYS AT LAW December 2, 2008 VIA FIRST CLASS MAIL Ms. Tanisha A. Grandberry 323 4& St. Copiague, NY 11726 Re: Unity Bank v. Turner's Personal Care Home, Inc., et al Case No. 08-3902 (Cumberland County, PA) Dear Ms. Grandberry: Pursuant to the Order entered on August 19, 2008 (copy enclosed), I enclose copies of the following: Praecipe for Writ -of Execution Upon a Confessed Judgment; ? Writ of Execution; Writ of Execution Notice; ? Claim for Exemption; ? Certification as to the Sale of Real Property; Affidavit of Last Known Addresses of Defendants; Notice of Sheriff s Sale of Real Property; Affidavit Pursuant to Rule 3129.1; and ? the Legal Description. Very truly ours, jck-kM,.>Seit JMS/srb Enclosure cc (w/o enc.): Michelle S. Kirmser, V.P. 7535 Windsor Drive - Suite 200 • Allentown, PA 18195-1034 610.530.2700 • 610.530.2727 Fax • JSeitz@LesavoyButz.com SuuJZC31Z L 96 i 8l LUOJ3 Pl9l!e N .? GLIO 4 r 3k1 SOU-' Sri; Q _ r z LL _ O O d _ 08 1 V Y. a _ z o v- O V O M _- Z J W LL L V N H .. g z F-Q?O?_ o N _ T £n cn c W 22 to Q P. C-6 CL a -Z - Q ? w N 2 < u Z)OO fl w Z= z -0°00 ° & ?V))OZZ0 o 3 ?- v, O a. 6 V Lf) Z M J l LLI 1) Q?O?Q_ ( o ?a Unity Bank VS Turner's Personal Care Home, Inc. and 404 Silver Spring Road, LLC In the Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2008-3902 Civil Term Michelle Gutshall, Deputy Sheriff, who being duly sworn according to law, states that on December 22, 2008 at 1028 hours, she served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendants, to wit: Turner's Personal Care Home, Inc. and 404 Silver Spring Road, LLC pursuant to order of court by posting the premises located at 404 Silver Spring Road, Mechanicsburg, Cumberland County, Pennsylvania according to law. So Answers: R. Thomas Kline, Sheriff BY Jody S. Smith Real Estate Sergeant 1 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA UNITY BANK, Plaintiff V. TURNER'S PERSONAL CARE HOME, INC., and 404 SILVER SPRING ROAD, LLC, Defendants Confession of Judgment No. 08-3902 AFFIDAVIT OF SERVICE STATE OF NEW YORK COUNTY OF SUFFOLK ) SS I, VICTORIA VINCESLIO , being duly sworn according to law, depose and say that I am an adult over the age of eighteen (18) years; that I POSTED the items listed below on the property located at 323 40th Street, Copiague, NY 11726 (the "Property")on 12/9/08 , 2008, at 7:40 a.md4 kskx (a) Praecipe for Writ of Execution Upon a Confessed Judgment; (b) Writ of Execution; (c) Writ of Execution Notice; (d) Claim for Exemption; (e) Certification as to the Sale of Real Property; (f) Affidavit of Last Known Addresses of Defendants; (g) Notice of Sheriff's Sale of Real Property; (h) Affidavit Pursuant to Rule 3129.1; and (i) the Legal Description. I posted the above items by affixing them to the following location on the WHITE AND GLASS DOOR/BRICK AND BEIGE SPLIT- ATTEMPTS:12/6@9:55AM;12/8@7:02PM;12/9@7: 0. TO AND SCRIBED ME TiHIS l / DAY OF V P A0, Stake d N*W Y*lj t0.01YE6024216 0uellW in Nassau Cw* ^- + -n Ex0ift May 3.20 ?; r-a t°° r:;;y .,ey , f ?: _' -,r , i ?? Cam; i ?. r ?: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA UNITY BANK, ) Plaintiff ) Confession of Judgment V. ) No. 08-3902 TURNER'S PERSONAL CARE HOME, INC., ) and 404 SILVER SPRING ROAD, LLC, ) Defendants ) CERTIFICATION OF SERVICE REGARDING NOTICES OF SHERIFF'S SALE OF REAL ESTATE AND OTHER ASSETS I., I hereby certify that on January 30, 2009, I served notices of the sheriff's sale scheduled for March 4, 2009, on the following persons, by prepaid first class mail: Turner's Personal Care Home, Inc. 404 Silver Spring Road Mechanicsburg, PA 17050 404 Silver Spring Road, LLC c/o Ms. Tanisha A. Grandberry 323 40th St. Copiague, NY 11726 404 Silver Spring Road, LLC 404 Silver Spring Road Mechanicsburg, PA 17050 404 Silver Spring Road, LLC c/o Ms. Tanisha A. Grandberry 404 Silver Spring Road Mechanicsburg, PA 17050 Township of Hampden 230 S. Sporting Hill Road Mechanicsburg, PA 17050 2. True and correct copies of the notices described in the preceding paragraph are attached as Exhibit A. True and correct copies of Certificates of Mailing for each notice are attached as Exhibit B. An example of the Legal Description of the Real Estate to be Sold attached to each of the notices is attached as Exhibit C. BUTZ & SEITZ LLC Date: February 2, 2009 cy No. 37026 Win&L Dr., Allentown, PA x'$195 (610) 530-2700 Attorneys for Plaintiff 200 r c ??;6, a ? IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA UNITY BANK, Plaintiff V. Confession of Judgment No. 08-3902 TURNER'S PERSONAL CARE HOME, INC., and 404 SILVER SPRING ROAD, LLC, Defendants NOTICE OF SHERIFF'S SALE OF REAL ESTATE AND OTHER ASSETS TO: Township of Hampden 230 S. Sporting Hill Road Mechanicsburg, PA 17050 Notice is hereby given that, by virtue of the above-captioned Writ of Execution issued under the above-captioned judgment directed to the Sheriff of Cumberland County, Pennsylvania, there will be exposed to Public Sale, by venue or outcry to the highest and best bidders in the Cumberland County Courthouse, One Courthouse Square., Carlisle, PA, 17013 on March 4, 2009, at 10:00 a.m., a Sheriffs Sale of 404 Silver Spring Road, Mechanicsburg, Cumberland County, PA, designated Tax Parcel No. 38-20-1836-003. This sale is to be held in connection with a judgment in Plaintiffs favor against Defendants in the above matter. 404 Silver Spring Road, LLC, was the owner of the assets to be sold when the Writ of Execution was issued. All parties in interest and claimants are hereby notified that a schedule of distribution will be filed by the Sheriff on a date specified by the Sheriff no later than thirty (30) days after sale and that distribution will be made in accordance with the schedule unless exceptions are filed thereto within ten (10) days. SEE ATTACHED SHEETS FOR A DESCRIPTION OF THE REAL ESTATE TO BE SOLD 20091003- unay_mrner real muie.DOC IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA UNITY BANK, Plaintiff V. Confession of Judgment No. 08-3902 TURNER'S PERSONAL CARE HOME, INC., and 404 SILVER SPRING ROAD, LLC, Defendants NOTICE OF SHERIFF'S SALE OF REAL ESTATE AND OTHER ASSETS TO: Turner's Personal Care Home, Inc. 404 Silver Spring Road Mechanicsburg, PA 17050 Notice is hereby given that, by virtue of the above-captioned Writ of Execution issued under the above-captioned judgment directed to the Sheriff of Cumberland County, Pennsylvania, there will be exposed to Public Sale, by venue or outcry to the highest and best bidders in the Cumberland County Courthouse, One Courthouse Square., Carlisle, PA, 17013 on March 4, 2009, at 10:00 a.m., a Sheriff s Sale of 404 Silver Spring Road, Mechanicsburg, Cumberland County, PA, designated Tax Parcel No. 38-20-1836-003. This sale is to be held in connection with a judgment in Plaintiffs favor against Defendants in the above matter. 404 Silver Spring Road, LLC, was the owner of the assets to be sold when the Writ of Execution was issued. All parties in interest and claimants are hereby notified that a schedule of distribution will be filed by the Sheriff on a date specified by the Sheriff no later than thirty (30) days after sale and that distribution will be made in accordance with the schedule unless exceptions are filed thereto within ten (10) days. SEE ATTACHED SHEETS FOR A DESCRIPTION OF THE REAL ESTATE TO BE SOLD 20081003- unil,' Iia-.,I waw DOC IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA UNITY BANK, Plaintiff V. Confession of Judgment No. 08-3902 TURNER'S PERSONAL CARE HOME, INC., and 404 SILVER SPRING ROAD, LLC, Defendants NOTICE OF SHERIFF'S SALE OF REAL ESTATE AND OTHER ASSETS TO: 404 Silver Spring Road, LLC. 404 Silver Spring Road Mechanicsburg, PA 17050 Notice is hereby given that, by virtue of the above-captioned Writ of Execution issued under the above-captioned judgment directed to the Sheriff of Cumberland County, Pennsylvania, there will be exposed to Public Sale, by venue or outcry to the highest and best bidders in the Cumberland County Courthouse, One Courthouse Square., Carlisle, PA, 17013 on March 4, 2009, at 10:00 a.m., a Sheriffs Sale of 404 Silver Spring Road, Mechanicsburg, Cumberland County, PA, designated Tax Parcel No. 38-20-1836-003. This sale is to be held in connection with a judgment in Plaintiffs favor against Defendants in the above matter. 404 Silver Spring Road, LLC, was the owner of the assets to be sold when the Writ of Execution was issued. All parties in interest and claimants are hereby notified that a schedule of distribution will be filed by the Sheriff on a date specified by the Sheriff no later than thirty (30) days after sale and that distribution will be made in accordance with the schedule unless exceptions are filed thereto within ten (10) days. SEE ATTACHED SHEETS FOR A DESCRIPTION OF THE REAL ESTATE TO BE SOLD 20081003--6 w- ..I cmwcDOC IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA UNITY BANK, Plaintiff V. Confession of Judgment No. 08-3902 TURNER'S PERSONAL CARE HOME, INC., and 404 SILVER SPRING ROAD, LLC, Defendants NOTICE OF SHERIFF'S SALE OF REAL ESTATE AND OTHER ASSETS TO: 404 Silver Spring Road, LLC c/o Tanisha A. Grandberry 404 Silver Spring Road Mechanicsburg, PA 17050 Notice is hereby given that, by virtue of the above-captioned Writ of Execution issued under the above-captioned judgment directed to the Sheriff of Cumberland County, Pennsylvania, there will be exposed to Public Sale, by venue or outcry to the highest and best bidders in the Cumberland County Courthouse, One Courthouse Square., Carlisle, PA, 17013 on March 4, 2009, at 10:00 a.m., a Sheriff s Sale of 404 Silver Spring Road, Mechanicsburg, Cumberland County, PA, designated Tax Parcel No. 38-20-1836-003. This sale is to be held in connection with a judgment in Plaintiffs favor against Defendants in the above matter. 404 Silver Spring Road, LLC, was the owner of the assets to be sold when the Writ of Execution was issued. All parties in interest and claimants are hereby notified that a schedule of distribution will be filed by the Sheriff on a date specified by the Sheriff no later than thirty (30) days after sale and that distribution will be made in accordance with the schedule unless exceptions are filed thereto within ten (10) days. SEE ATTACHED SHEETS FOR A DESCRIPTION OF THE REAL ESTATE TO BE SOLD 211118 1003loc nlnilr turner mil cs101C. DOC OF CUMBERLAND COUNTY, PENNSYLVANIA UNITY BANK, Plaintiff V. Confession of Judgment No. 08-3902 TURNER'S PERSONAL CARE HOME, INC., and 404 SILVER SPRING ROAD, LLC, Defendants NOTICE OF SHERIFF'S SALE OF REAL ESTATE AND OTHER ASSETS TO: 404 Silver Spring Road, LLC c/o Tanisha A. Grandberry 323 40th St. Copiague, NY 11726 Notice is hereby given that, by virtue of the above-captioned Writ of Execution issued under the above-captioned judgment directed to the Sheriff of Cumberland County, Pennsylvania, there will be exposed to Public Sale, by venue or outcry to the highest and best bidders in the Cumberland County Courthouse, One Courthouse Square., Carlisle, PA, 17013 on March 4, 2009, at 10:00 a.m., a Sheriffs Sale of 404 Silver Spring Road, Mechanicsburg, Cumberland County, PA, designated Tax Parcel No. 38-20-1836-003. This sale is to be held in connection with a judgment in Plaintiffs favor against Defendants in the above matter. 404 Silver Spring Road, LLC, was the owner of the assets to be sold when the Writ of Execution was issued. All parties in interest and claimants are hereby notified that a schedule of distribution will be filed by the Sheriff on a date specified by the Sheriff no later than thirty (30) days after sale and that distribution will be made in accordance with the schedule unless exceptions are filed thereto within ten (10) days. SEE ATTACHED SHEETS FOR A DESCRIPTION OF THE REAL ESTATE TO BE SOLD 20091003- unfty_nunc real utatc. DOC L t 0 4 U. S. POSTAL SFR\/IC K ,NO. Affix fee here in stamps MAY LACK M SEITZ ESQ ; PRO\ - -SAVOY BUTZ & SEITZ LLC R ONE WINDSOR PLAZA "35 WINDSOR DR SUITE 200 _ LENTOWN PA 18195-1034 ;\,' _ - !11111111111111111I1111111111111111111111111111111111111 L... . 4 e?` { One, piece of ordinary mail addressed to: / z. ? r " S J . Gi ? f Jf r 64 r?o?'SID r ? PS Form 3817, January 2001 °"" ^CK M SEITZ ESQ PROVIDE F 1-HAVOY BUTZ & SEITZ LLC - Receive.'NE WINDSOR PLAZA /.35 WINDSOR DR SUITE 200 _LENTOWN PA 18195-1034 PS Form 3817, January 2001 o U.S. POSTAL SERVICE CERTIFICATE OF MAILING Affix fee here in stamps MAY BE l' PROVIDE 1ACK M SEITZ ESQ *.. ° L[SAVOY BUTZ & SEITZ LLC Recei, ONE WINDSOR PLAZA - 7535 WINDSOR DR SUITE 200 ALLENTOWN PA 18195-1034 J' Ii111111111111111111111111111111111111111I1111111 I11?1 ??•` ''""'?i: t ? r, One pi a of ordinary m ' addressed to: > st 1 1 ( 1f ?!? l'10.5Z? ? , ?? , Co PS Form 3817, January 2001 M o hnrA in }amnc U.S. POSTAL SERVICE CERTIFICATE OF MAILING MAY BE' PROVID , ,'? q - "'- , CK M SEITZ ESQ Recf rSAVOY BUTZ & SEITZ LLC 1 C7 ),-)NE WINDSOR PLAZA - i 535 WINDSOR DR SUITE 200 l --- - !'i.LENTOWN PA 18195-1034 i,I?I?11?1111111111111111111IIII11111IIIlIIlII1?11I1I11 ". v -I C4 One pie f ordinary it addressed >' 1:, ra IU S. `ix( Ci n ? ?lC$ 17M . PS Form 3817, January 2001 MP PR PS Form 38 17, tvvl ?j P1 i L ? ?,ti,+ LEGAL DESCRIPTION PARCEL NO. I: ALL THAT CERTAIN tract of land, together with the improvements thereon erected, situate partly in the Township of Silver Spring and partly in the Township of Hampden, County of Cumberland and Commonwealth of Pennsylvania, bounded and described as follows, to wit: BEGINNING at a point marked by a spike in the center of the Public Road leading from Mechanicsburg to Route 11, known as Silver Sprint Road, said spike being South 4 degrees East, 22 feet from another spike in the center of said road which marks the corner of land now or formerly of Silver Spring Presbyterian Church; said point of beginning being also in the southern line of a proposed 22-foot private drive extending from the said Silver Spring Road to other lands now or formerly of Harold L. Pyke and Myrle B. Pyke, his wife, immediately adjacent and to the East of the tract hereby conveyed; thence along the southern line of said proposed 22-foot private drive, North 87 degrees East, 457 feet to an iron pin in the line of other lands now or formerly of Harold L. Pyke and Myrle B. Pyke, his wife, of which the tract of land herein conveyed was formerly a part; thence along the line of said last mentioned lands, South 5 degrees East, 322 feet to an iron pin; thence continuing along the line of same, South 78 degrees West, 469.6 feet to a spike in the center of the Public Road leading from Mechanicsburg to Route 11, known as the Silver Spring Road, aforementioned; thence along the center line of said Public Road, North 4 degrees West, 392.2 feet to a spike in the center of said road, the point and place of BEGINNING. HAVING THEREON ERECTED a two and one-half stone and frame dwelling house, frame bank barn, garage and other outbuildings. UNDER AND SUBJECT, nevertheless, to easements, restrictions, reservations, conditions and rights of way of record or visible upon inspection of premises. PARCEL II: ALL THAT CERTAIN tract of land situate in Silver Spring Township, Cumberland County, Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point, said point being at a concrete monument located at the northwest corner of Lot No. IA, South 81 degrees 58 minutes 33 seconds East, along lands now or formerly of Silver Spring Presbyterian Church, a distance of 689.96 feet to an iron pin; thence South 08 degrees 18 minutes 16 seconds East, along the center of Trindle Spring Run, a distance of 24.16 feet to a set iron pin; thence South 02 degrees 30 minutes 21 second East, a distance of 30.73 feet to a set iron pin; thence South 00 degrees 04 minutes 48 seconds West, a distance of 122.19 feet to a set iron pin; thence continuing along the center of Trindle Spring Run, South 22 degrees 16 minutes 46 seconds West, a distance of 52.22 feet to a set iron pin; thence South 16 degrees 50 minutes 08 seconds West, a distance of 102.29 feet to a set iron pin; thence South 70 degrees 54 minutes 48 seconds West, along lands now or formerly of Douglas W. George and 20081007 woe unilr tuna-1 nsue DOC Kimberly A. George, a distance of 165.13 feet to an iron pin; thence North 10 degrees 43 minutes 23 seconds West, along lands now or formerly of Timothy C. Yeager and Elenita B. Yeager, a distance of 320.73 feet to an iron pipe; thence South 82 degrees 23 minutes 08 seconds West, along said lands now or formerly of Yeager, a distance of 422.27 feet to an iron pin; thence North 10 degrees 56 minutes 07 seconds West, a distance of 21.95 feet to a concrete monument, the place of BEGINNING. BEING Lot No. 1 A as shown on the Final Subdivision Plan (Lot Add-on) of Timothy C. Yeager and Elenita B. Yeager, recorded at Plan Book 91, Page 60 in the Recorder of Deeds Office in and for Cumberland County, Pennsylvania. CONTAINING 1.95 acres, more or less. BEING the same premises which Timothy C. Yeager and Elenita B. Yeager, by their deed dated October 23, 2007, and recorded November 5, 2007 in the Office of the Recorder of Deeds of Cumberland County, Pennsylvania to Instrument No. 200741925, granted and conveyed unto 404 Silver Spring Road, LLC. Map No. 38-20-1836-003. ?uue uun?,rc ????i" uuncr rad csmie DOC C) c?? t"] C a _e ? -r'1 ? r. ?W i'i7 i ?' '" ? ,,,? i k... ; . ? ` ?7 ?? ;? ?-; ? COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ISS: I, Robert P. Zie ler, Recorder of Deeds in and for said County and State do hereby certify that the Sheriff's Deed in which UNITY BANK is the grantee the same having been sold to said grantee on the 4TH day of MARCH A.D., 2009, under and by virtue of a writ Execution issued on the 25 day of NOV, A.D., 2008, out of the Court of Common Pleas of said County as of Civil Term, 2008 Number 3902, at the suit of UNITY BANK against TURNERS PERSONAL CARE HOME INC & SILVER SPRING ROAD LLC is duly recorded as Instrument Number 2009 1 1 943. IN TESTIMONY WHEREOF, I have ereunto set my hand and seal of said office this day of Az-/?J=A.D. Otl ?? of Deeds 4C?.Yu;n ... , T chit". PA y u x;icrkriStiJa I L'ry; 4g ?w F W:A M0nddy Qt jM. 201Q Unity Bank VS ' Turner's Personat Care Home, Inc. and 404 Silver Spring Road, LLC In the Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2008-3902 Civil Term Michelle Gutshall, Deputy Sheriff, who being duly sworn according to law, states that on December 22, 2008 at 1028 hours, she served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendants, to wit: Turner's Personal Care Home, Inc. and 404 Silver Spring Road, LLC pursuant to order of court by posting the premises located at 404 Silver Spring Road, Mechanicsburg, Cumberland County, Pennsylvania according to law. William Cline, Deputy Sheriff, who being duly sworn according to law, states that on January 15, 2009 at 2044 hours, he posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Turner's Personal Care Home, Inc. and 404 Silver Spring Road, LLC located at 404 Silver Spring Road, Mechanicsburg, Cumberland County, Pennsylvania 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 defendants., to wit: Turner's Personal Care Home, Inc. and 404 Silver Spring Road, LLC, by regular mail to their last known address of 404 Silver Spring Road, Mechanicsburg, PA 17055. These letters were mailed under the date of January 13, 2009 and returned to the Sheriffs Office on January 20, 2009 marked "Moved, Left No Forwarding Address." R. Thomas Kline, Sheriff, who being duly sworn according to law, states that after due and legal notice had been given according to law, he exposed the within described premises at public venue or outcry at the Courthouse, Carlisle, Cumberland County, Pennsylvania on March 4, 2009 at 10:00 o'clock A.M. He sold the same for the sum of $1.00 to Unity Bank, c/o Michelle S. Kirmser, V.P., 64 Old Highway 22, Clinton, NJ 08809, being the buyer in this execution, paid to Sheriff R. Thomas Kline the sum of $ 1,839.86 Sheriffs Costs: Docketing $30.00 Poundage 36.08 Posting Bills 30.00 Advertising 30.00 Acknowledging Deed 48.00 Auctioneer 10.00 Law Library Prothonotary Mileage Levy Surcharge Posting Law Journal Patriot News Share of Bills .50 2.00 18.00 30.00 40.00 12.00 779.00 684.26 15.52 Distribution of Proceeds 25.00 Sheriffs Deed 49.50 $1,839.86 ? y?a?,Dq So Answers: R. Thomas Kline, Sheriff BY oid K-'Ut Real Estate Coordinator L? c D , ?35'V FIB' 200!9 APR 1 6 Ai P ' 0 8 r IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA UNITY BANK, Plaintiff V. Confession of Judgment No. 08-3902 TURNER'S PERSONAL CARE HOME, INC., and 404 SILVER SPRING ROAD, LLC, Defendants AFFIDAVIT PURSUANT TO RULE 3129.1 Unity Bank sets forth, as of the date the Praecipe for Writ of Execution was filed, l the following information concerning a parcel of real estate known as 404 Silver Spring Road, Mechanicsburg, Cumberland County, PA, designated tax parcel no. 38-20-1836-003 (the "Mortgaged Property"): 1. Owners : The name(s) and last known address(es) of the owner(s) or reputed owner(s) are as follows: 404 Silver Spring Road, LLC, 404 Silver Spring Road, Mechanicsburg, PA 17050. 2. Defendant(s): The names and last known addresses of the Defendants in the judgment is as follows: (a) Turner's Personal Care Home, Inc., 404 Silver Spring Road, Mechanicsburg, PA 17050; and (b) 404 Silver Spring Road, LLC, 404 Silver Spring Road, Mechanicsburg, PA 17050. 1 The cover date on Plaintiff's search is October 21, 2008. Plaintiff will obtain a bringdown and supplement this Affidavit as necessary. 20081001-unirc mrncr real cslarc.DOC Judgment Creditor(s): The name(s) and last known address(es) of every judgment creditor whose judgment is a record lien on the property to be sold is as follows: (a) Plaintiff, with an address of 64 Old Highway 22, Clinton, NJ 08809, has a judgment lien on the real property to be sold. Said judgment was entered in the office of the Prothonotary of Cumberland County, Pennsylvania, on July 1, 2008, in the amount of $632,880.30 to the above term number. The lien arising from the judgment relates back to the mortgage described in Section 4(a) below. 4. Mortgage Holder(s): The name(s) and last known address(es) of the last recorded holder of every mortgage of record on the real estate to be sold is as follows: (a) Plaintiff, with an address of 64 Old Highway 22, Clinton, NJ 08809, has a mortgage of $605,000 on the subject property dated October 23, 2007, recorded on November 5, 2007, in Instrument 4200741926. 5. Other Lien(s): The name(s) and last known address(es) of all other person(s) who have record liens on the real estate to be sold are as follows: (a) The Township of Hampden, 230 S. Sporting Hill Road, Mechanicsburg, PA 17050, has a municipal lien on the Property for $731.32 to docket no. 2008-05668. 6. Other Record Interests: The name(s) and last known address(es) of all other person(s) who have any record interest in the real estate to be sold and whose interest may be affected by the sale are as follows: (a) Plaintiff, with an address of 64 Old Highway 22, Clinton, NJ 08809, has the following interests: (i) an Assignment of Rents dated October 23, 2007, recorded on November 5, 2007, Instrument No. 200741927; and (ii) a UCC-1 Financing Statement recorded on November 5, 2007, Instrument No. 200741928. 7. Others Persons With Interests: The name(s) and last known address(es) of all other person(s) of whom Plaintiff has knowledge who has any interest in the real estate to be sold which may be affected by the sale are as follows: Not applicable. 2W81007- unil? wnxr real-wu DOC r Plaintiff knows of no other person(s) who have any interest in the property and who may be affected by this sale. I verify that the statements made in this Affidavit are true and correct to the best of my personal knowledge, information or 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. LESAVO"UTZ & SEITZ LLC Date: I V fly. ut , 2008 C: . Jack eitz, Esquir Atto e o -39? One Windsor Plaza 7535 Windsor Dr., Suite 200 Allentown, PA 18195 (610) 530-2700 Attorneys for Unity Bank NNIN I IN)3- unit) _lu_ real MIW DOC i r' IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA UNITY BANK, Plaintiff V. TURNER'S PERSONAL CARE HOME, INC., and 404 SILVER SPRING ROAD, LLC, Defendants TO: 404 Silver Spring Road, LLC 404 Silver Spring Road Mechanicsburg, PA 17050 Confession of Judgment No. 08-3902 NOTICE OF SHERIFF'S SALE OF REAL PROPERTY Your real estate known as real estate known as 404 Silver Spring Road, Mechanicsburg, Cumberland County, PA, designated Tax Parcel No. 38-20-1836-003, will be to be sold at Sheriffs Sale on March 4, 2009, at 10:00 a.m., at the Cumberland County Courthouse, One Courthouse Square, Carlisle, Pennsylvania, to enforce the court judgment of $674,895.90 (plus interest and costs) obtained by Plaintiff against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale you must take immediate action: 1. The sale will be canceled if you pay back to UNITY BANK, the amount of the judgment plus costs OR the back payments, late charges, costs and reasonable attorney fees due. To find out how much you must pay, call: Michelle Kirmser at (908) 713-4311. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 2181811111 21111811M'33 c ulitl_lu[iic[ tCal c,Iz c DOC IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA UNITY BANK, Plaintiff V. TURNER'S PERSONAL CARE HOME, INC., and 404 SILVER SPRING ROAD, LLC, Defendants Confession of Judgment No. 08-3902 TO: 404 Silver Spring Road, LLC 404 Silver Spring Road, LLC c/o Tanisha A. Grandberry c/o Tanisha A. Grandberry 323 40th St. 404 Silver Spring Road Copiague, NY 11726 Mechanicsburg, PA 17050 NOTICE OF SHERIFF'S SALE OF REAL PROPERTY Your real estate known as real estate known as 404 Silver Spring Road, Mechanicsburg, Cumberland County, PA, designated Tax Parcel No. 38-20-1836-003, will be to be sold at Sheriffs Sale on March 4, 2009, at 10:00 a.m., at the Cumberland County Courthouse, One Courthouse Square, Carlisle, Pennsylvania, to enforce the courtjudgment of $674,895.90 (plus interest and costs) obtained by Plaintiff against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale you must take immediate action: 1. The sale will be canceled if you pay back to UNITY BANK, the amount of the judgment plus costs OR the back payments, late charges, costs and reasonable attorney fees due. To find out how much you must pay, call: Michelle Kirmser at (908) 713-4311. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 20081003m unityj=a real acme. DOC i You may be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have stopping the sale. (See below on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price by calling Michelle Kirmser at (908) 713-4311. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. the sale. The sale will go through only if the buyer pays the Sheriff the full amount due in 4. If the amount due from the buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have a right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your property. A schedule of distribution of the money bid for your house will be filed by the Sheriff no later than thirty (30) days from the date of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with the schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the date of filing said schedule. 7. You may also have other rights and defenses or ways of getting your property back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE 32 S. BEDFORD ST. CARLISLE, PA 17013 (800) 990-9108 2 H IUII 1, oc ?in?l? lurncr-]os(u DOC IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA UNITY BANK, Plaintiff V. TURNER'S PERSONAL CARE HOME, INC., and 404 SILVER SPRING ROAD, LLC, Defendants TO: Turner's Personal Care Home, Inc. 404 Silver Spring Road Mechanicsburg, PA 17050 Confession of Judgment No. 08-3902 NOTICE OF SHERIFF'S SALE OF REAL PROPERTY Your real estate known as real estate known as 404 Silver Spring Road, Mechanicsburg, Cumberland County, PA, designated Tax Parcel No. 38-20-1836-003, will be to be sold at Sheriffs Sale on March 4, 2009, at 10:00 a.m., at the Cumberland County Courthouse, One Courthouse Square, Carlisle, Pennsylvania, to enforce the court judgment of $674,895.90 (plus interest and costs) obtained by Plaintiff against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale you must take immediate action: 1. The sale will be canceled if you pay back to UNITY BANK, the amount of the judgment plus costs OR the back payments, late charges, costs and reasonable attorney fees due. To find out how much you must pay, call: Michelle Kirmser at (908) 713-4311. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 20081003-u.ily_q .real awa .DOC y LEGAL DESCRIPTION PARCEL NO. I: ALL THAT CERTAIN tract of land, together with the improvements thereon erected, situate partly in the Township of Silver Spring and partly in the Township of Hampden, County of Cumberland and Commonwealth of Pennsylvania, bounded and described as follows, to wit: BEGINNING at a point marked by a spike in the center of the Public Road leading from Mechanicsburg to Route 11, known as Silver Sprint Road, said spike being South 4 degrees East, 22 feet from another spike in the center of said road which marks the corner of land now or formerly of Silver Spring Presbyterian Church; said point of beginning being also in the southern line of a proposed 22-foot private drive extending from the said Silver Spring Road to other lands now or formerly of Harold L. Pyke and Myrle B. Pyke, his wife, immediately adjacent and to the East of the tract hereby conveyed; thence along the southern line of said proposed 22-foot private drive, North 87 degrees East, 457 feet to an iron pin in the line of other lands now or formerly of Harold L. Pyke and Myrle B. Pyke, his wife, of which the tract of land herein conveyed was formerly a part; thence along the line of said last mentioned lands, South 5 degrees East, 322 feet to an iron pin; thence continuing along the line of same, South 78 degrees West, 469.6 feet to a spike in the center of the Public Road leading from Mechanicsburg to Route 11, known as the Silver Spring Road, aforementioned; thence along the center line of said Public Road, North 4 degrees West, 392.2 feet to a spike in the center of said road, the point and place of BEGINNING. HAVING THEREON ERECTED a two and one-half stone and frame dwelling house, frame bank barn, garage and other outbuildings. UNDER AND SUBJECT, nevertheless, to easements, restrictions, reservations, conditions and rights of way of record or visible upon inspection of premises. PARCEL II: ALL THAT CERTAIN tract of land situate in Silver Spring Township, Cumberland County, Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point, said point being at a concrete monument located at the northwest corner of Lot No. 1A, South 81 degrees 58 minutes 33 seconds East, along lands now or formerly of Silver Spring Presbyterian Church, a distance of 689.96 feet to an iron pin; thence South 08 degrees 18 minutes 16 seconds East, along the center of Trindle Spring Run, a distance of 24.16 feet to a set iron pin; thence South 02 degrees 30 minutes 21 second East, a distance of 30.73 feet to a set iron pin; thence South 00 degrees 04 minutes 48 seconds West, a distance of 122.19 feet to a set iron pin; thence continuing along the center of Trindle Spring Run, South 22 degrees 16 minutes 46 seconds West, a distance of 52.22 feet to a set iron pin; thence South 16 degrees 50 minutes 08 seconds West, a distance of 102.29 feet to a set iron pin; thence South 70 degrees 54 minutes 48 seconds West, along lands now or formerly of Douglas W. George and 20081003w wity_w areal alate.DOC Y Kimberly A. George, a distance of 165.13 feet to an iron pin; thence North 10 degrees 43 minutes 23 seconds West, along lands now or formerly of Timothy C. Yeager and Elenita B. Yeager, a distance of 320.73 feet to an iron pipe; thence South 82 degrees 23 minutes 08 second West, along said lands now or formerly of Yeager, a distance of 422.27 feet to an iron pin; s thence North 10 degrees 56 minutes 07 seconds West, a distance of 21.95 feet to a concrete monument, the place of BEGINNING. BEING Lot No. IA as shown on the Final Subdivision Plan (Lot Add-on) of Timothy C. Yeager and I:lenita B. Yeager, recorded at Plan Book 91, Page 60 in the Recorder of Deeds Office in and. for Cumberland County, Pennsylvania. CONTAINING 1.95 acres, more or less. BEING the same premises which Timothy C. Yeager and Elenita B. Yeager, by their deed dated October 23, 2007, and recorded November 5, 2007 in the Office of the Recorder of Deeds of Cumberland County, Pennsylvania to Instrument No. 200741925, granted and conveyed unto 404 Silver Spring Road, LLC. Map No. 38-20-1836-003. 2unx lu4;?? a ung, _ n._, real -;ft DOC WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNT' OF CUMBERLAND) NO 08-3902 Civil CIVIL ACTION -LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due UNITY BANK, Plaintiff (s) From TURNER'S PERSONAL CARE HOME, INC., and 404 SILVER SPRING ROAD, LLC (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 attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $632,880.30 L.L. $.50 Interest from 6/14/08 to 3/04/09 (264 days @ $159.15 per day) -- $42,015.60 Atty's Comm % Due Prothy $2.00 Arty Paid $54.00 Plaintiff Paid Other Costs Date: 11/25/08 (Seal) Curtis R. Lon , rothonotar By: REQUESTING PARTY: Deputy Name: JACK M. SEITZ, ESQUIRE Address: LESAVOY BUTZ & SEITZ LLC ONE WINDSOR PLAZA 7535 WINDSOR DRIVE, SUITE 200 ALLENTOWN, PA 18195 Attorney for: PLAINTIFF Telephone: 610-530-2700 Supreme Court ID No. 37026 Real Estate Sale #79 On December 18, 2008 the Sheriff levied upon the defendant's interest in the real property situated in Silver Spring Township, Cumberland County, PA Known and numbered as 404 Silver Spring Road, Mechanicsburg more fully described on Exhibit "A" filed with this writ and by this reference' incorporated herein. Date: December 18, 2008 By: J Real Estate ergeant PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA ss. COUNTY OF CUMBERLAND : Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: January 30, February 6, and February 13, 2009 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. REAL ESTATE SALE NO. 79 Writ No. 2008-3902 Civil Unity Bank VS. Turner's Personal Care Home, Inc. and 404 Silver Spring Road, LLC Atty.: Jack M. Seitz LEGAL DESCRIPTION PARCEL NO. I: ALL THAT CERTAIN tract of land, together with the improvements thereon erected, situate partly in the Township of Silver Spring and partly in the Township of Hampden, County of Cumberland and Commonwealth of Pennsylvania, bounded and de- scribed as follows, to wit: BEGINNING at a point marked by a spike in the center of the Public Road leading from Mechanicsburg to Route 11, known as Silver Sprint Road, said spike being South 4 degrees East, 22 feet from another spike in the center of said road which marks the corner of land now or formerly of Silver Spring Presbyte- rian Church; said point of beginning 5-U i M degfees UTTTM 3i l es'4'8 9k- SWORN TO AND SUBSCRIBED before me this 13 day of Februal 13, 200 r Notary NOTARIAL SEAL DEBORAH A COLLINS Noiary Public CARLISLE BORO, CUMBERLAND COUNTY My Commission Expires Apr 28, 2010 The PA triot-dews Co. 812 Market St. Harrisburg, PA 17101 Inquiries - 717=255-8213 CUMBERLAND COUNTY SHERIFFS OF CUMBERLAND COUNTY COURT HOUSE 14( ?tahiot-N(ws Now you know CARLISLE PA 17013 THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin) ss Joseph A. Dennison, being duly sworn according to law, deposes and says: That he is the Assistant Controller of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Metro editions which appeared on the date(s) indicated below. That neither he nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the 4*40 of X73 02 3°mkmes 21-.E? tors of the said Company and subsequently duly recorded in the office for the Recording of Deeds S; ' I o" a 60 O0* * ftwe in in Miscellaneous Book "M", Volume 14, Page 317. 40= of 12119 fat WAsakm*th? 00 pla +W the omff of The& S9anng .104 22 JA =Oft 46 secaadc This ad ran on the date(s) shown below: test, a Astaaoea? >>oot eu,e ?t non p m lilm- lb 0om40aft QB seWI& 01121 /09 ee of P0? 29 >pet bo t set ava?ia; 01/28/09 10io 70 a $ x W. 'IMF Or *119414' D04& 02/04/09 s yA QwW rwee of 165,13 ?w . 9? FIR Owl: Nwffi t0 c 1 ar ............ a[Tfaogry o rs7?f ' 1 $. , ? 3sraoccgP?? fat Na eu, a 23 t? '?D°e ;:ao" Sworn to acid u scribed before me is dayF br.pary, 2009 A.D. f(IrtMFIIr as naon Pa: ? jG..dq?exs 56 ? '?.. w seeuods Wqt di+4u a v[L1.9$1 b a n IDOBI tfle ?ICt,CE BEM Lot Na lA r-sifo? oe rbe 1Ttn y Ab*vo bn Plea (Lot Md * of T C. Ai am* t Bogtr 91, Pl' 641n tge f6e0 of lam, Office in Md nNi . far 'Ww C°c V 1:9J ears, ?R a Teat. IJt: REM 1* WSW aed T-01hT C. ited 0cie6er ?,2W. ? maotd?ii ?fOtia?iba A1 Gu.2 f4M, and CMM* o 461 of lip & 3&3X1 Er Notary Public Note + RI@ L Kks",. Notary ?OfF19R1sta ? Pu(? VCcnwvft +4.t? . ?uPhh a , ,,. yov. 2M 4 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA UNITY BANK, Petitioner, V. Confession of Judgment No. 08-3902 TURNER'S PERSONAL CARE HOME, INC., 404 SILVER SPRING ROAD, LLC, HABITAT FOR FUTURE BUILDING, LLC, and TANISHA A. GRANDBERRY, Respondents PETITION TO FIX FAIR VALUE Petitioner, Unity Bank, by and through its legal counsel Lesavoy Butz & Seitz LLC, files this Petition to Fix Fair Value pursuant to 42 Pa.C.S. §8103 and Rules 3276 through 3280 of the Pennsylvania Rules of Civil Procedure. In support of its Petition, Petitioner avers as follows: The Petitioner herein is Unity Bank with an address of 64 Old Highway 22, Clinton, NJ 08809. 2. This Petition is filed pursuant to 42 Pa.C.S. Section 8103(a) and Rules 3276 to 3280 of the Pennsylvania Rules of Civil Procedure. 3. This Petition pertains to a judgment entered in this case, to the docket number above. 4. Respondent Turner's Personal Care Home, Inc. ("TPC") has a last known address c/o Tanisha A. Grandberry, 323 40th Street, Copiague, NY 11726. 5. Respondent 404 Silver Spring Road, LCC ("404 SSR") has a last known address c/o Tanisha A. Grandberry, 323 40th Street, Copiague, NY 11726. 6. Respondent Habitat for Future Building, LLC ("HFB") has a last known address c/o Tanisha A. Grandberry, 323 40th Street, Copiague, NY 11726. 7. Respondent Tanisha A. Grandberry's last known address is 323 40th Street, Copiague, NY 11726. Petitioner made a $605,000 commercial loan to Respondents TPC and 404 SSC as documented by a Promissory Note for $605,000 dated October 23, 2007 (the "Note") 9. The $605,000 loan enabled 404 SSC to acquire the real estate 404 Silver Spring Road, Mechanicsburg, Cumberland County, PA, designated tax parcel no. 38-20-1836-003 (the "Subject Property"). TPC and 404 SSC operated a personal care home at the Subject Property prior to their closure of that business. 10. The Note was secured by, inter alia, (A) a mortgage on the Subject Property; (B) a perfected security interest on the business assets of TPC and 404 SSC, (C) an unlimited suretyship from HFB, and (D) an unlimited suretyship from Tanisha A. Grandberry. 11. HFB and Tanisha A. Grandberry were and remain jointly and severally liable to Peitioner for all amounts owed by TPC and 404 SSC. 12. Petitioner confessed judgment against TPC and 404 SSC to this docket number on July 1, 2008, in the amount of $632,880.30 (the "Judgment") 13. Petitioner was the successful bidder at a sheriff's sale of the Subject Property conducted on March 4, 2009, in execution on the Judgment. 14. Petitioner's successful bid on the Subject Property was $1.00 (plus sheriff s costs of $1,839.86). 15. At the time of the Sheriff's sale, 404 SSC was the record owner of the property. 2 16. At the time of the Sheriff's sale, Respondents owed Petitioner $674,895.90 on the Judgment as stated in the Writ of Execution issued in this matter. 17. The Sheriff recorded a Deed to Petitioner for the Subject Property on April 16, 2009 (Instrument No. 200911943). 18. At the time of the sheriff's sale, real estate taxes, and municipal charges and on the Subject Property amounted to $8,360.57 as follows (the "Real Estate Taxes"): (A) 2008 county, township, and school taxes $ 6,637.71 (B) 2009 township taxes $ 662.46 (C) Unpaid water / sewer charges $ 1,060.40 TOTAL $ 8,360.57 19. Petitioner incurred and paid expenses, through counsel, of $3,825.79 in connection with the sheriff's sale of the Subject Property (the "Foreclosure Expenses"): (A) Prothonotary / filing fees $ 246.25 (B) Service and posting costs $ 692.10 (C) Searches / tax certifications $ 413.00 (D) Copying / facsimile / postage / courier $ 130.94 (E) Advertising (for alternate service) $ 402.13 (F) Sheriff's costs $ 1,839.86* (G) Travel expense $ 101.51 TOTAL $ 3,825.79 *includes $1,500 deposit 20. Petitioner also paid $11,365.05 in expenses for appraisals, insurance, searches, and maintenance at the Subject Property (the "Property Costs"), not including the Foreclosure Expenses described above or covered in the Judgment: (A) Appraisals $ 6,675.00 (B) Insurance $ 3,723.13 (C) Utilities $ 32.92 (D) Miscellaneous expenses (searches, rekeying doors) $ 934.00 TOTAL $ 11,365.05 3 21. The fair market value of the Subject Property as of the time of the Sheriffs sale was no more than $350,000. 22. The following persons are the only persons known to Petitioner who may be directly or indirectly liable to Petitioner for the payment of the debt upon which this judgment is based: Turner's Personal Care Home, Inc. c/o Tanisha A. Grandberry 323 40" St. Copiague, NY 11726 Habitat for Future Building, LLC c/o Tanisha A. Grandberry 323 40' St. Copiague, NY 11726 Tanisha A. Grandberry 323 40t" St. Copiague, NY 11726 404 Silver Spring Road, LLC c/o Tanisha A. Grandberry 323 40" St. Copiague, NY 11726 23. All Respondents are pro se and have not appeared in this or any of the related cases dealing with Respondents' obligation to Petitioner. In addition, Petitioner had to secure an order for special service in light of Petitioner's previous inability to serve Respondents. For these reasons, Petitioner has not sought Respondents' concurrence. WHEREFORE, Petitioner respectfully requests that the Court (A) fix the gross fair market value of the Subject Property at $350,000.00; (B) fix the cost of taxes due for the Subject Property at the time of the sale at $8,360.57, (C) fix the foreclosure expenses paid through counsel at $3,825.79, (D) fix the property costs paid by Petitioner at $11,365.05; and (E) award such other relief as the Court deems just. OYNflZK & SEITZ LLC Jack M. ,4e , quire ?4tto ni,Zy o. 37026 7535 Windsor Drive, Suite 200 Allentown, PA 18195 (610) 530-2700 Attorneys for Unity Bank 4 CERTIFICATE OF SERVICE I, Jack M. Seitz, Esquire, hereby certify that contemporaneous with the filing of this Petition, service is being made in conformity with the Pennsylvania Rule 3283, upon the following: Turner's Personal Care Home, Inc. c/o Tanisha A. Grandberry 323 40t" St. Copiague, NY 11726 Habitat for Future Building, LLC c/o Tanisha A. Grandberry 323 40th St. Copiague, NY 11726 Tanisha A. Grandberry 323 40th St. Copiague, NY 11726 Date: , 2009 404 Silver Spring Road, LLC c/o Tanisha A. Grandberry 323 40th St. Copiague, NY 11726 Fi1LED--UF-ICF THE PR' C', i irf OTARY 2009 AUG 20 AM 11: 02 'NI IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA UNITY BANK, Petitioner, V. Confession of Judgment No. 08-3902 TURNER'S PERSONAL CARE HOME, INC., 404 SILVER SPRING ROAD, LLC, HABITAT FOR FUTURE BUILDING, LLC, and TANISHA A. GRANDBERRY, Respondents ,,,ORDER AND NOW, TO WIT, this j?nday of UQ?, 2009, upon consideration of the attached Petition, it is hereby Ordered that: 1. A Rule is issued upon the Respondents to show cause why the Petitioner is not entitled to the relief requested; 2. the Respondents shall file an answer to the petition within twenty (20) days of service; 3. the Petition shall be decided under Pa.R.Civ. P. No. 206.7; an evidentiar/in earing on disputed issues of material fact shall be held on c?I?•, Courtroom of the Cumberland County Court of Cor non Pleas, One Courthouse Square, Carlisle, Pennsylvania; and 5. the Petitioner shall provide notice of entry of this Order to all parties and proof of service filed of record.. BY E COURT r TVAF IOt, htG 2 P 2? t 6 ?v eeA-Y c+ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA UNITY BANK, Petitioner, V. Confession of Judgment No. 08-3902 TURNER'S PERSONAL CARE HOME, INC., 404 SILVER SPRING ROAD, LLC, HABITAT FOR FUTURE BUILDING, LLC, and TANISHA A. GRANDBERRY, Respondents PRACEIPE TO ADD VERIFICATION Please add the attached Verification to Plaintiff s Petition to Fix Fair Value filed on August 20, 2009. LESAVOY BUZ & SEITZ LLC One Windsor Plaza 7535 Windsor Drive, Suite 200 Allentown, PA 18195 (610) 530-2700 Attorneys for Unity Bank .v + VERIFICATION I, Michelle S. Kirmser, hereby state and verify that I am a Vice President of Unity Bank; that I am authorized to make this verification on behalf of said organization; and that the facts set forth in the foregoing Petition are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.S.C. §4904 relating to unsworn falsification to autho . ies. Date: , 2009 Michelle S. Kir, ser, P. Title: IOTARY M9 SVI" -2 Pr _i CUM- `r° i I p.?'a?1 ?`??:Y% IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA UNITY BANK, Petitioner, V. TURNER'S PERSONAL CARE HOME, INC., 404 SILVER SPRING ROAD, LLC, HABITAT FOR FUTURE BUILDING, LLC, and TANISHA A. GRANDBERRY, Respondents Confession of Judgment No. 08-3902 CERTIFICATION OF SERVICE Pursuant to the Order permitting alternative means of service entered on August 19, 2008, I hereby certify as follows: On September 11, 2009, I served (i) Petition to Fix Fair Value, with Notice to Defend and Rule to Show Cause; and (ii) the Order entered on August 24, 2009, on Respondents by prepaid first class mail to the following addresses: Turner's Personal Care Home, Inc. c/o Ms. Tanisha A. Grandberry 323 40th St. Copiague, NY 11726 Habitat For Future Building, LLC c/o Ms. Tanisha A. Grandberry 323 40th St. Copiague, NY 11726 404 Silver Spring Road, LLC c/o Ms. Tanisha A. Grandberry 323 40th St. Copiague, NY 11726 Ms. Tanisha A. Grandberry 323 40th St. Copiague, NY 11726 2. A true and correct copy of the transmittal letter is attached as Exhibit A. True and correct copies of Certificates of Mailing for each letter are attached as Exhibit B. A copy of the Order entered August 24, 2009 is attached as Exhibit C. 3. On September 11, 2009, the same documents were posted at on the entrance to Tanisha Grandberry's property at 323 40th Street, Copiague, NY 11726. The Affidavits of Service regarding the posting of the property are attached as Exhibit D. BUTZ & SEITZ LLC Date: September 22, 2009 Jac ertz, squire Atto No. 37026 One Windsor Plaza 7535 Windsor Drive, Suite 200 Allentown, PA 18195 (610) 530-2700 Attorneys for Plaintiff EXHIBIT A LESAVOY BUTZ & ATTORNEYS AT LAW SEITZ L.Lc September 11, 2009 404 Silver Spring Road, LLC c/o Ms. Tanisha A. Grandberry 323 40`h St. Copiague, NY 11726 Habitat for Future Building, LLC c/o Ms. Tanisha A. Grandberry 323 40`" St. Copiague, NY 11726 Turner's Personal Care Home, Inc. Ms. Tanisha A. Grandberry c/o Ms. Tanisha A. Grandberry 323 40`h St. 323 40`h St. Copiague, NY 11726 Copiague, NY 11726 Re: Unity Bank v. Turner's Personal Care Home, Inc., et al Case No. 08-3902 (Cumberland County, PA) Dear Ms. Grandberry: I enclose copies of the following: (A) a Petition to Fix Value, with a Notice to Defend and Rule to Show Cause; and (B) the Order entered August 24, 2009, setting a hearing on October 12. 2009. JMS/srb Enclosure cc (w/o enc.): Michelle S. Kirmser, V.P. 7535 Windsor Drive • Suite 200 • Allentown, PA 18195-1034 610 530.2700 • 610.530 2727 Fax • jSeitz@)LesavoyButz.com EXHIBIT B 3 c T T 91 3 r D Co U' n 2 mCnDT =. zi 0 o r, O L m R c Z iN Zp Y N m • o 8 90,0 N Ln d o Qo cn m m Q ? C N C.n -{ cn t m r W C1 o n o ;Dfj 4? o s o f4 3 m ' -A 27 c } E ? hN co T 3 co liv r- U't m D 3 ° } m Ln > Z V Z < 03 --4 N 0z-< o C o `t Z O N m V z D?Nm ai t - V _ V 'k 9- ffN? ?V 31 V 00 (/) -3 W o N m mm o N ?- O 'D 3N N o N m r (? o° rn O N r L^ - won m -P o tt--P-T ? 3 7,7 bs ? - - O O T N N 3 °m DLnmD ; c rwN(1 mul D7C >s? Z?O? >D m 3g 0 W C Z0 N ?a • -10 ?Nm cn D O 0 Qo ? , Lf) ? mm ao m . Ln m r o t1i r a n O A a n; ? T O DLri-,D Cll Z Ln ` 7,z N 0 n D /?...,, N O /N (/ AD co N m_ C Ln m r 0 r ° n C) T -1- 'o =a om ?a Qm ?o u?i 3 d a= om a9 0 mn om m? mm dN m a m a .'S \^r • 4 L . ? V EXHIBIT C szvv L I Luu? I n IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA UNITY BANK, ) Petitioner, ) V. ) TURNER'S PERSONAL CARE HOME, INC., ) 404 SILVER SPRING ROAD, LLC, ) HABITAT FOR FUTURE BUILDING, LLC, ) and TANISHA A. GRANDBERRY, ) Respondents ) Confession of Judgment No. 08-3902 ??/?ORDER AND NOW, TO WIT, this jj %! day of , 2009, upon consideration of the attached Petition, it is hereby Ordered that: A Rule is issued upon the Respondents to show cause why the Petitioner is not entitled to the relief requested; 2. the Respondents shall file an answer to the petition within twenty (20) days of service; 3. the Petition shall be decided under Pa.R.Civ. P. No. 206.7; an evidentiary, earing on dispu issues of material fact shall be held on / w4t&,' 1-41.1 yp 01 in Courtroom' of the Cumberland County Court of Common Pleas, One Courthouse Square, Carlisle, Pennsylvania; and 5. the Petitioner shall provide notice of entry of this Order to all parties and proof of service filed of record.. -- BY E COURT J. r -- '?P- f-fikj'4441 r, p?+ ?ry a r?51_` ?„`?;ls 3 i We Unto s" rry ?tpir . ?? Cogpp? r .,' ?? gY Aid the !? ?.: 9 EXHIBIT D IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA UNITY BANK, Petitioner, V. TURNER'S PERSONAL CARE HOME, INC., 404 SILVER SPRING ROAD, LLC, HABITAT FOR FUTURE BUILDING, LLC, and TANISHA A. GRANDBERRY, Respondents Confession of Judgment No. 08-3902 AFFIDAVIT OF SERVICE STATE OF NEW YORK ) ) SS COUNTY OF SUFFOLK ) I, VICTORIA VINCESLIO , being duly sworn according to law, depose and say that I am an adult over the age of eighteen (18) years; that I POSTED the items listed below on the property located at 323 40 Street, Copiague, NY 11726 (the "Property")on SEPTEMBER 11TH, 2009, at 8:42 a.m./Pi. HABITAT FOR FUTURE BUILDING, LLC (a) Petition to Fix Value, with a Notice to Defend and Rule to Show Cause; (b) Order entered August 24, 2009, setting a hearing on October 12, 2¢09-,, I posted the above items by affixing them to the following location yin the WHITE & GLASS FRONT DOOR SWORN TO AND SUBJCRID JEF R ME THIS AY Y' _ _. 2009 I n 1 Notary 8A r3,A'!1, iEt_F0RD Notary Public, ?e of ,"cw York No. 01TE61E.7 n"s6 Qualified in Suffoik ounty Commission Expires May 19, 20 j . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA UNITY BANK, V. Petitioner, Confession of Judgment No. 08-3902 TURNER'S PERSONAL CARE HOME, INC., 404 SILVER SPRING ROAD, LLC, HABITAT FOR FUTURE BUILDING, LLC, and TANISHA A. GRANDBERRY, Respondents STATE OF NEW YORK COUNTY OF SUFFOLK AFFIDAVIT OF SERVICE ) SS I, VICTORIA VINCESLIO , being duly sworn according to law, depose and say that I am an adult y over the age of eighteen (18) years; that I POSTED the items listed below on the ro rt located 11TH at 323 40 Street, Copiague, NY 11726 (the "Property")on 2009, at 8:42 a.m.. 404 SILVER SPRING ROAD, LLC BY SERVICE UPON TANISHA GRANDBERRY, PRESIDENT (a) Petition to Fix Value, with a Notice to Defend and Rule to Show use; (b) Order entered August 24, 2009, setting a hearing on Octob 2, 200 I posted the above items by affixing them to the following WHITE & GLASS FRONT DOOR SWORN TO AND Notary lsublic -0Z`61- ysendx uolsslwAiuncPe1illen0 0)IJoA mnn ilgnd AJetoN ®t'f cJ<10 VI BARS "Tl A TELFORD Notary Public, State Of ;,-vr York No. 01TE618 x'636 Qualified in Suffolk County Commission Expires May 19, 20 SLIO IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA UNITY BANK, Petitioner, V. TURNER'S PERSONAL CARE HOME, INC., 404 SILVER SPRING ROAD, LLC, HABITAT FOR FUTURE BUILDING, LLC, and TANISHA A. GRANDBERRY, Respondents Confession of Judgment No. 08-3902 AFFIDAVIT OF SERVICE STATE OF NEW YORK ) ) SS COUNTY OF SUFFOLK ) I, VICTORIA VINCESLIO , being duly sworn according to law, depose and say that I am an adult over the age of eighteen (18) years; that I POSTED the items listed below on the property located at 323 40` Street, Copiague, NY 11726 (the "Property")on SEPTEMBER 11TH, 2009, at 8:42 a.m./pax TANISHA GRANDBERRY (a) Petition to Fix Value, with a Notice to Defend and Rule to Show ause; (b) Order entered August 24, 2009, setting a hearing on October , 2009. I posted the above items by affixing them to the following locatiolon the WHITE & GLASS FRONT DOOR VICTORIA VINCESLIO 6„^ °l " i"i"A TELFORD U Notary Pul-Lc. Slate of 7,,.w York No' 0 ; i E51Fi'536 Qualified in Suffolk County Commission Expires May 19, 20/,? IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA UNITY BANK, Petitioner, V. TURNER'S PERSONAL CARE HOME, INC., 404 SILVER SPRING ROAD, LLC, HABITAT FOR FUTURE BUILDING, LLC, and TANISHA A. GRANDBERRY, Respondents Confession of Judgment No. 08-3902 AFFIDAVIT OF SERVICE STATE OF NEW YORK ) ) SS COUNTY OF SUFFOLK ) I, VICTORIA VINCESLIO , being duly sworn according to law, depose and say that I am an adult over the age of eithteen (18) years; that I POSTED the items listed below on the property located at 323 40 Street, Copiague, NY 11726 (the "Property")on SEPTEMBER - iiT, 2009, at 8:42 a.md/ utn. TURNER'S PERSONAL CARE HOME, INC. (a) Petition to Fix Value, with a Notice to Defend and Rule to Show Cause; (b) Order entered August 24, 2009, setting a hearing on October , 009. I posted the above items by affixing them to the following locatj,6n on the WHITE & GLASS FRONT DOOR SWORN TO AND SUBSCRIBED F, . i?A TELFORD ? (Votary Pubic, S%Ae of NOW York N.;- 0*TF5187536 Qua Iifisd in Suffolk County Commission Expires May 19,20 ?" --;,",,Jr CF THE V,?- l 2009 SE 24 FM 12: 1 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA UNITY BANK, Petitioner, V. TURNER'S PERSONAL CARE HOME, INC., 404 SILVER SPRING ROAD, LLC, HABITAT FOR FUTURE BUILDING, LLC, and TANISHA A. GRANDBERRY, Respondents Confession of Judgment No. 08-3902 CERTIFICATION OF SERVICE I, Jack M. Seitz, Esquire, hereby certify as follows: 1. On October 2, 2009,1 served Respondents with Notices pursuant to Rule 237.1 et seq., relating to Respondents' failure to answer Petitioner's Petition to Fix Fair Value, by first class mail with a certificate of mailing, to the following: Turner's Personal Care Home, Inc. c/o Ms. Tanisha A. Grandberry 323 40'' St. Copiague, NY 11726 404 Silver Spring Road, LLC c/o Ms. Tanisha A. Grandberry 323 40' St. Copiague, NY 11726 Habitat For Future Building, LLC c/o Ms. Tanisha A. Grandberry 323 40th St. Copiague, NY 11726 Ms. Tanisha A. Grandberry 323 40' St. Copiague, NY 11726 2. True and correct copy of the transmittal letters are attached as Exhibit A. True and correct copies of Certificates of Mailing for each letter are attached as Exhibit B. True and correct copies of the Notices pursuant to Rule 237.1 et seq. are attached as Exhibit C. LESAVfi"i&JTZ & SEITZ LLC Date: October 13, 2009 Jack M. Sei One ti so lza---? 7535 n r Drive, Suite 200 Allentown, PA 18195 (610) 530-2700 Attorneys for Plaintiff EXHIBIT A LESAVOY BUTZ & SEITZ ATTORNEYSA T LA,W Lac October 2, 21009 Turner's Personal Care Home, Inc. c/o Ms. Tanisha A. Grandberry 323 40' St. Copiague, NY 11726 Re: Unity Bank v. Turner's Personal Care Home, Inc., et al Case No. 08-3902 (Cumberland County, PA) Dear Ms. Grandberry: I enclose a Notice pursuant to Rule 237.1. Ver truly yours, ack eitz JMS/srb Enclosure cc (w/enc.): Michelle S. Kirmser, V.P. 7535 Windsor Drive • Suite 200 • Allentown, PA 18195-1034 610.530.2700 • 610.530.2727 Fax • JSeitza@LesavoyButz.com LESAVOY BUTZ & SEITLZ ATTORNEYS AT LAW October 2, 2009 404 Silver Spring Road, LLC c/o Ms. Tanisha A. Grandberry 323 40' St. Copiague, NY 11726 Re: Unity Bank v. Turner's Personal Care Home, Inc., et al Case No. 08-3902 (Cumberland County, PA) Dear Ms. Grandberry: I enclose a Notice pursuant to Rule 237.1. Very truly yours, JMS/srb Enclosure cc (w/enc.): Michelle S. Kirmser, V.P. 7535 Windsor Drive • Suite 200 • Allentown, PA 18195-1034 610.530.2700 • 610.530.2727 Fax 9 jSeitzna L.esavoyButz.com LESAVOY BUTZ & SEITZ ATTORNEYS AT LAW LLC October 2, 2009 Ms. Tanisha A. Grandberry 323 40th St. Copiague, NY 11726 Re: Unity Bank v. Turner's Personal Care Home,, Inc., et al Case No. 08-3902 (Cumberland County, PA) Dear Ms. Grandberry: I enclose a Notice pursuant to Rule 237.1. irs, JMS/srb Enclosure cc (w/enc.): Michelle S. Kirmser, V.P. 7535 Windsor Drive • Suite 200 • Allentown, PA 18195-1034 610.530.2700 • 610.530.2727 Fax • )Seitz@LesavoyButz.com LESAVOY BUTZ & SEITZ ATTORNEYS AT LAIN LLc October 2, 2009 Habitat for Future Building, LLC c/o Ms. Tanisha A. Grandberry 323 40th St. Copiague, NY 11726 Re: Unity Bank v. Turner's Personal Care Home, Inc., et al Case No. 08-3902 (Cumberland County, PA) Dear Ms. Grandberry: I enclose a Notice pursuant to Rule 237.1. JMS/srb Enclosure cc (w/enc.): Michelle S. Kirmser, V.P. 7535 Windsor Drive • Suite 200 • Allentown, PA 18195-1034 610.530.2700 • 610.530.2727 Fax • JSeitz@L.esavoyButz.com EXHIBIT B O u w d U 8 O?t V O M n J N O y -J w , e N I_- Ln <- < 5 0, cwi)Q`n0~° d CV J w w N ? of c, =N DooZ ; CO (2 o 3: V)?-_ZZ0 UV))ZM-i Q?OrL2 oa 4- 0 U c? t O w a U N J d J v a N ?w B? Q u ~ w N -0 00 Cf C-6 a. C) Lu a Q t w N cl-- Of Cl. c z moo3 LLo>- zz ?00 MM L?NZ(n Lr) J ` < LLJ 0 < 06 N _= p I-I- IL F M A O CD m 0 0 N O O M P7 z Q) a °o N a LL CO a N 0 rn 0 0 O N O O M U') r z a 0 c? U) a 4- 0 U .all L IN tip O O J N n o J w N m a w N V) U) ?\ 0 N M 01 C-6 E 0 r- - N 0 O a :D n Ln H co C) C) w o N c n >- Z. Z a >3:3 V Lf) Z M Q J O UI --J ?LL LL a o I ? a I V - w. f O O (+? w _ (V O V J w Q ? L-U Q (l) Uo d? JQ ® a U-1 N ? cr ?1°z a O O U Q LU Lr-) Cn Z M J < ?Or'Q, HH i p cD 0 T O O O N O O M z a C) 0 N Lr) n M b U) a EXHIBIT C IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA UNITY BANK, Petitioner, V. Confession of Judgment No. 08-3902 TURNER'S PERSONAL CARE HOME, INC., 404 SILVER SPRING ROAD, LLC, HABITAT FOR FUTURE BUILDING, LLC, and TANISHA A. GRANDBERRY, Respondents TO: TURNER'S PERSONAL CARE HOME, INC. Date of Notice: October 2, 2009 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. 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 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 CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 23 S. BEDFORD STREET CARLISLE, PA 17013 (800) 990-9108 ?--? Jack M. Lesavo Bu & Seitz LLC Attorno. 37026 7535 Windsor Dr., Suite 200 Allentown, PA 18195 (610) 530-2700 Attorney for Unity Bank IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA UNITY BANK, Petitioner, V. Confession of Judgment No. 08-3902 TURNER'S PERSONAL CARE HOME, INC., 404 SILVER SPRING ROAD, LLC, HABITAT FOR FUTURE BUILDING, LLC, and TANISHA A. GRANDBERRY, Respondents TO: 404 SILVER SPRING ROAD, LLC Date of Notice: October 2, 2009 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. 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 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 CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 23 S. BEDFORD STREET CARLISLE, PA 17013 (800) 990-9108 Jack Lesav tz & Seit LLC Atto ey No. 026 7535 Windsor Dr., uite 200 Allentown, PA ;18195 (610) 530-2700 Attorney for Unity Bank IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA UNITY BANK, Petitioner, V. Confession of Judgment No. 08-3902 TURNER'S PERSONAL CARE HOME, INC., 404 SILVER SPRING ROAD, LLC, HABITAT FOR FUTURE BUILDING, LLC, and TANISHA A. GRANDBERRY, Respondents TO: TANISHA A. GRANDBERRY Date of Notice: October 2, 2009 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. 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 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 CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 23 S. BEDFORD STREET CARLISLE, PA 17013 (800) 990-9108 _ Jack )C,8 1?, Esq. Le v634 eitz LLC A orne o. 37026 7535 Windsor Dr., Suite 200 Allentown, PA 18195 (610) 530-2700 Attorney for Unity Bank IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA UNITY BANK, Petitioner, V. Confession of Judgment No. 08-3902 TURNER'S PERSONAL CARE HOME, INC., 404 SILVER SPRING ROAD, LLC, HABITAT FOR FUTURE BUILDING, LLC, and TANISHA A. GRANDBERRY, Respondents TO: HABITAT FOR FUTURE BUILDING, LLC Date of Notice: October 2, 2009 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. 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 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 CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 23 S. BEDFORD STREET CARLISLE, PA 17013 (800) 990-9108 = WJSei sq . Seitz LLC Attorney No. 37026 7535 Windsor Dr., Suite 200 Allentown, PA 18195 (610) 530-2700 Attorney for Unity Bank RILEH- 1 fl, OF Tc U O 9 0 ' T I ? F1? 7 [.. ' Cr y,1 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA UNITY BANK, Petitioner, V. TURNER'S PERSONAL CARE HOME, INC., 404 SILVER SPRING ROAD, LLC, HABITAT FOR FUTURE BUILDING, LLC, and TANISHA A. GRANDBERRY, Respondents Confession of Judgment No. 08-3902 Assigned to the Honorable Edward E. Guido UNITY BANK'S PETITION PURSUANT TO PA.R.C.P. 3284 FOR AN ORDER FIXING FAIR VALUE UPON DEFAULT Unity Bank, by and through its legal counsel Lesavoy Butz & Seitz LLC, files this Petition pursuant to Rule 3284 of the Pennsylvania Rules of Civil Procedure. In support of its Petition, Unity Bank avers as follows: This matter is assigned to the Honorable Edward E. Guido. 2. The Petitioner herein is Unity Bank with an address of 64 Old Highway 22, Clinton, NJ 08809. 3. On August 20, 2009, Unity Bank filed a Petition Fix Fair Value containing a Notice to Defend. A true and correct copy of the Petition to Fix Fair Value is attached hereto, made a part hereof, and marked as Exhibit A. 4. On August 24, 2009, this Honorable Court issued a Rule upon the Respondents requiring an answer to the Petition to Fix Fair Value within 20 days of service. A true and Correct of the Rule is attached hereto, made a part hereof, and marked as Exhibit B. 5. Unity Bank served the Petition to Fix Fair Value and Rule on Respondents as set forth in the Certificate of Service filed with the Court. A true and correct copy of the Certificate of Service is attached hereto, made a part hereof, and marked as Exhibit C. 6. Respondents failed to file an Answer the Petition to Fix Fair Value within the time prescribed by the Rule. 7. On October 2, 2009, Unity Bank served Respondents with Notices pursuant to Rule 237.1 et seq., relating to Respondents' failure to answer the Petition to Fix Fair Value, by first class mail with a certificate of mailing (the "Notices"), as set forth in the Certificate of Service filed with the Court. True and correct copies of the Certificate of Service, Notices, transmittal letters, and certificates of mailing are attached hereto, made a part hereof, and marked as Exhibit D. 8. Respondents failed to file an Answer the Petition to Fix Fair Value within the time prescribed by the Notices. 9. Pa.R.C.P. 3284 provides as follows: The court shall, without further notice or hearing, enter an order determining the fair market value of the real property to be the value alleged in the petition, determining the prior lien amounts to be in the amounts alleged in the petition and making any special allocation requested by the petition if (1) no answer is filed within the required to time to a petition which contains a notice to defend and notice has been given as provided by Rule 237.1 et seq. 10. The Petition to Fix Fair Value alleges that (A) the gross fair market value of the Subject Property is $350,000.00; (B) the unpaid taxes due for the Subject Property are $8360.57; (B) the foreclosure costs and expenses associated with the Subject Property are $3,825.79; and (D) the property costs and expenses are $11,365.05. WHEREFORE, pursuant to Pa.R.C.P. 3284, Petitioner respectfully requests that the Court (A) fix the gross fair market value of the Subject Property at $350,000.00; (B) fix the cost of taxes due for the Subject Property at the time of the sale at $8,360.57, (C) fix the foreclosure expenses paid through counsel at $3,825.79, (D) fix the property costs paid by Petitioner at $11,365.05; and (E) award such other relief as the Court deems just. LESAV,QY BU/'Z & SEITZ LLC o. Ode Wind§ep Plaza 7535 Windsor Drive, Suite 200 Allentown, PA 18195 (610) 530-2700 Attorneys for Unity Bank CERTIFICATE OF SERVICE I, Jack M. Seitz, Esquire, hereby certify that I served a true and correct copy of Unity Bank's Petition Pursuant to Pa.R.C.P. 3284 for an Order Fixing Fair Value Upon Default, upon the following via first class mail: Turner's Personal Care Home, Inc. c/o Tanisha A. Grandberry 323 40th St. Copiague, NY 11726 Tanisha A. Grandberry 323 40th St. Copiague, NY 11726 Date: October 22, 2009 Habitat for Future Building, LLC c/o Tanisha A. Grandberry 323 40th St. Copiague, NY 11726 404 Silver Spring Road, LLC c/o Tanisha A. Grandberry 323 40th St. Copiague, NY 11726 EXHIBIT A IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA UNITY BANK, V. Petitioner, TURNER'S PERSONAL CARE HOME, INC., 404 SILVER SPRING ROAD, LLC, HABITAT FOR FUTURE BUILDING, LLC, and TANISHA A. GRANDBERRY, Respondents Confession of Judgment No. 08-3902 NOTICE TO DEFEND TO THE RESPONDENTS: You have been sued in court. The petition set forth in the following pages requests the court to determine the amount which should be credited against any liability you may have to the petitioner as a result of the purchase by the petitioner at an execution sale of the real property described in the petition. If you wish to defend against the petition, you must take action within twenty (20) days after this petition and notice are served upon you, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the matters set forth in the petition. 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 claim or relief requested by the petitioner. 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 CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE 32 S. BEDFORD CARLISLE, P (800) 990-910; UNITY BANK, Petitioner, V. TURNER'S PERSONAL CARE HOME, INC., 404 SILVER SPRING ROAD, LLC, HABITAT FOR FUTURE BUILDING, LLC, and TANISHA A. GRANDBERRY, Respondents PETITION TO FIX FAIR VALUE Petitioner, Unity Bank, by and through its legal counsel Lesavoy Butz & Seitz LLC, files this Petition to Fix Fair Value pursuant to 42 Pa.C.S. §8103 and Rules 3276 through 3280 of the Pennsylvania :[pules of Civil Procedure. In support of its Petition, Petitioner avers as follows: The Petitioner herein is Unity Bank with an address of 64 Old Highway 22, Clinton, NJ 08809. 2. This Petition is filed pursuant to 42 Pa.C.S. Section 8103(a) and Rules 3276 to 3280 of the Pennsylvania Rules of Civil Procedure. 3. This Petition pertains to a judgment entered in this case, to the docket number above. 4. Respondent Turner's Personal Care Home, Inc. ("TPC") has a last known address c/o Tanisha A. Grandberry, 323 40th Street, Copiague, NY 11726. 5. Respondent 404 Silver Spring Road, LCC ("404 SSR") has a last known address IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA P, No. 08-3902 :' C=) p? ? ?5 m Confession of Judgment c/o Tanisha A. Grandberry, 323 40th Street, Copiague, NY 11726. 6. Respondent Habitat for Future Building, LLC ("HFB") has a last known address c/o Tanisha A. Grandberry, 323 40th Street, Copiague, NY 11726. 7. Respondent Tanisha A. Grandberry's last known address is 323 40th Street, Copiague, NY 11726. 8. Petitioner made a $605,000 commercial loan to Respondents TPC and 404 SSC as documented by a Promissory Note for $605,000 dated October 23, 2007 (the "Note") 9. The $605,000 loan enabled 404 SSC to acquire the real estate 404 Silver Spring Road, Mechanicsburg, Cumberland County, PA, designated tax parcel no. 38-20-1836-003 (the "Subject Property"). TPC and 404 SSC operated a personal care home at the Subject Property prior to their closure of that business. 10. The Note was secured by, inter alia, (A) a mortgage on the Subject Property; (B) a perfected security interest on the business assets of TPC and 404 SSC, (C) an unlimited suretyship from HFB, and (D) an unlimited suretyship from Tanisha A. Grandberry. 11. HFB and Tanisha A. Grandberry were and remain jointly and severally liable to Peitioner for all amounts owed by TPC and 404 SSC. 12. Petitioner confessed judgment against TPC and 404 SSC to this docket number on July 1, 2008, in the amount of $632,880.30 (the "Judgment"). 13. Petitioner was the successful bidder at a sheriff's sale of the Subject Property conducted on March 4, 2009, in execution on the Judgment. 14. Petitioner's successful bid on the Subject Property was $1.00 (plus sheriff's costs of $1,839.86). 15. At the time of the Sheriff's sale, 404 SSC was the record owner of the property. 2 16. At the time of the Sheriff's sale, Respondents owed Petitioner $674,895.90 on the Judgment as stated in the Writ of Execution issued in this matter. 17. The Sheriff recorded a Deed to Petitioner for the Subject Property on April 16, 2009 (Instrument No. 200911943). 18. At the time of the sheriff's sale, real estate taxes, and municipal charges and on the Subject Property amounted to $8,360.57 as follows (the "Real Estate Taxes"): (A) 2008 county, township, and school taxes $ 6,637.71 (B) 2009 township taxes $ 662.46 (C) Unpaid water / sewer charges $ 1,060.40 TOTAL $ 8,360.57 19. Petitioner incurred and paid expenses, through counsel, of $3,825.79 in connection with the sheriff's sale of the Subject Property (the "Foreclosure Expenses"): (A) Prothonotary / filing fees $ 246.25 (B) Service and posting costs $ 692.10 (C) Searches / tax certifications $ 413.00 (D) Copying / facsimile / postage / courier $ 130.94 (E) Advertising (for alternate service) $ 402.13 (F) Sheriff's costs $ 1,839.86* (G) Travel expense $ 101.51 TOTAL $ 3,825.79 *includes $1,500 deposit 20. Petitioner also paid $11,365.05 in expenses for appraisals, insurance, searches, and maintenance at the Subject Property (the "Property Costs"), not including the Foreclosure Expenses described above or covered in the Judgment: (A) Appraisals $ 6,675.00 (B) Insurance $ 3,723.13 (C) Utilities $ 32.92 (D) Miscellaneous expenses (searches, rekeying doors) $ 934.00 TOTAL $ 11,365.05 3 21. The fair market value of the Subject Property as of the time of the Sheriff's sale was no more than $350,000. 22. The following persons are the only persons known to Petitioner who may be directly or indirectly liable to Petitioner for the payment of the debt upon which this judgment is based: Turner's Personal Care Home, Inc. c/o Tanisha A. Grandberry 323 40t" St. Copiague, NY 11726 Habitat for Future Building, LLC c/o Tanisha A. Grandberry 323 40t" St. Copiague, NY 11726 Tanisha A. Grandberry 323 40t" St. Copiague, NY 11726 404 Silver Spring Road, LLC c/o Tanisha A. Grandberry 323 40t" St. Copiague, NY 11726 23. All Respondents are pro se and have not appeared in this or any of the related cases dealing with Respondents' obligation to Petitioner. In addition, Petitioner had to secure an order for special service in light of Petitioner's previous inability to serve Respondents. For these reasons, Petitioner has not sought Respondents' concurrence. WHEREFORE, Petitioner respectfully requests that the Court (A) fix the gross fair market value of the Subject Property at $350,000.00; (B) fix the cost of taxes due for the Subject Property at the time of the sale at $8,360.57, (C) fix the foreclosure expenses paid through counsel at $3,825.79, (D) fix the property costs paid by Petitioner at $11,365.05; and (E) award such other relief as the Court deems just. /\ LES OY q3Z & SEITZ LLC f ---- Jack M; ?e' quire ?Attopey No. 37P26 14e Windso aza 7535 Windsor Drive, Suite 200 Allentown, PA 18195 (610) 530-2700 Attorneys for Unity Bank 4 VERIFICATION I, Michelle S. Kirmser, hereby state and verify that I am a Vice President of Unity Bank; that I am authorized to make this verification on behalf of said organization; and that the facts set forth in the foregoing Petition are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.S.C. §4904 relating to unsworn falsification to author' ies. ? L Date: 2009 Michelle S. Kirk ser, P. Title: L CERTIFICATE OF SERVICE I, Jack M. Seitz, Esquire, hereby certify that contemporaneous with the filing of this Petition, service is being made in conformity with the Pennsylvania Rule 3283, upon the following: Turner's Personal Care Home, Inc. c/o Tanisha A. Grandberry 323 40th St. Copiague, NY 11726 Habitat for Future Building, LLC c/o Tanisha A. Grandberry 323 40th St. Copiague, NY 11726 Tanisha A. Grandberry 323 40th St. Copiague, NY 11726 Date: , 2009 404 Silver Spring Road, LLC c/o Tanisha A. Grandberry 323 40th St. Copiague, NY 11726 EXHIBIT B IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA UNITY BANK, Petitioner, V. Confession of Judgment No. 08-3902 TURNER'S PERSONAL CARE HOME, INC., 404 SILVER SPRING ROAD, LLC, HABITAT FOR FUTURE BUILDING, LLC, and TANISHA A. GRANDBERRY, Respondents BY E COURT J. ORDER AND NOW, TO WIT, this jj ????!'day of U17',2009, upon consideration of the attached Petition, it is hereby Ordered that: 1. A Rule is issued upon the Respondents to show cause why the Petitioner is not entitled to the relief requested; 2. the Respondents shall file an answer to the petition within twenty (20) days of service; 3. the Petition shall be decided under Pa.R.Civ. P. No. 206.7; QT- 0) 1? ?ofI)A - an evidentiary, earing on disput issues of material fact shall be held on cam,-, Courtroom of the Cumberland County Court of Common Pleas, One Courthouse Square, Carlisle, Pennsylvania; and 5. the Petitioner shall provide notice of entry of this Order to all parties and proof of service filed of record.. a_ . A? we ,t?y! y?+ 4 }??Z X1.9'! t t-; ffx"I'nli C967 7 +b}? a?in?iQ Sg`?Jgg ti??+s t vs :J2 :f Li ;pd the d L7?/ii 1 # 7'Yn. .,? ;? 9 r it- ?- EXHIBIT C IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA UNITY BANK, V. Petitioner, Confession of Judgment No. 08-3902 TURNER'S PERSONAL CARE HOME, INC., 404 SILVER SPRING ROAD, LLC, HABITAT FOR FUTURE BUILDING, LLC, and TANISHA A. GRANDBERRY, Respondents CERTIFICATION OF SERVICE Pursuant to the Order permitting alternative means of service entered on August 19, 2008, I hereby certify as follows: 1. On September 11, 2009, I served (i) Petition to Fix Fair Value, with Notice to Defend and Rule to Show Cause; and (ii) the Order entered on August 24, 2009, on Respondents by prepaid first class mail to the following addresses: Turner's Personal Care Home, Inc. c/o Ms. Tanisha A. Grandberry 323 40`h St. Copiague, NY 11726 404 Silver Spring Road, LLC c/o Ms. Tanisha A. Grandberry 323 40th St. Copiague, NY 11726 Habitat For Future Building, LLC c/o Ms. Tanisha A. Grandberry 323 40th St. Copiague, NY 11726 Ms. Tanisha A. Grandberry 323 40t' St. Copiague, NY 11726 2. A true and correct copy of the transmittal letter is attached as Exhibit A. True and correct copies of Certificates of Mailing for each letter are attached as Exhibit B. A copy of the Order entered August 24, 2009 is attached as Exhibit C. 3. On September 11, 2009, the same documents were posted at on the entrance to Tanisha Grandberry's property at 323 40cn Street, Copiague, NY 11726. The Affidavits of Service regarding the posting of the property are attached as Exhibit D. OY BUTZ & SEITZ LLC Date: September 22, 2009 No. 37026 One Windsor Plaza 7535 Windsor Drive, Suite 200 Allentown, PA 18195 (610) 530-2700 Attorneys for Plaintiff EXHIBIT D IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA UNITY BANK, Petitioner, V. TURNER'S PERSONAL CARE HOME, INC., 404 SILVER SPRING ROAD, LLC, HABITAT FOR FUTURE BUILDING, LLC, and TANISHA A. GRANDBERRY, Respondents Confession of Judgment C' C.3 0 No 08-3902 C= CZ-3 7 . < .-? :_-j 5- CD -< CERTIFICATION OF SERVICE I, Jack M. Seitz, Esquire, hereby certify as follows: 1. On October 2, 2009, I served Respondents with Notices pursuant to Rule 237.1 et seq., relating to Respondents' failure to answer Petitioner's Petition to Fix Fair Value, by first class mail with a certificate of mailing, to the following: Turner's Personal Care Home, Inc. c/o Ms. Tanisha A. Grandberry 323 40th St. Copiague, NY 11726 404 Silver Spring Road, LLC c/o Ms. Tanisha A. Grandberry 323 40th St. Copiague, NY 11726 Habitat. For Future Building, LLC c/o Ms. Tanisha A. Grandberry 323 40th St. Copiague, NY 11726 Ms. Tanisha A. Grandberry 323 40th St. Copiague, NY 11726 3. On September 11, 2009, the same documents were posted at on the entrance to Tanisha Grandberry's property at 323 40`h Street, Copiague, NY 11726. The Affidavits of Service regarding the posting of the property are attached as Exhibit D. LESA,YOY BUTZ & SEITZ LLC Date: September 22, 2009 fl/' Jac eitz?squire Atto No. 37026 One Windsor Plaza 7535 Windsor Drive, Suite 200 Allentown, PA 18195 (610) 530-2700 Attorneys for Plaintiff EXHIBIT A LESAVOY BUTZ & SEITLZ ATTORNEYS AT LAW September 11, 2009 404 Silver Spring Road, LLC c/o Ms. Tanisha A. Grandberry 323 40`h St. Copiague, NY 11726 Habitat for Future Building, LLC c/o Ms. Tanisha A. Grandberry 323 40`h St Copiague, NY 11726 Turner's Personal Care Home, Inc. Ms. Tanisha A. Grandberry c/o Ms. Tanisha A. Grandberry 323 40" St. 323 40`h St. Copiague, NY 11726 Copiague, NY 11726 Re: Unity Bank v. Turner's Personal Care Home, Inc., et al Case No. 08-3902 (Cumberland County, PA) Dear Ms. Grandberry: I enclose copies of the following: (A) a Petition to Fix Value, with a Notice to Defend and Rule to Show Cause; and (B) the Order entered August 24, 2009, setting a hearing on October 12, 2009. JMS/srb Enclosure cc (w/o enc.): Michelle S. Kirmser, V.P. 7535 Windsor Drive • Suite 200 • Allentown, PA 18195-1034 610 530 2700 • 610 530.2727 Fax • JSeitzOLesavoyButz.com EXHIBIT B Q 3 C D J r u,mD Lo L/) r) mvi >T OZ0v' p co ZO -?N -0 M D V) C) 90 CO u,m 3 ~- C -I ?O N lr, ? Q O N ? w O 4?. O G U H1 • a; C i O cn 0 0 dm R 3 D r Ln M > T %c Z r-w?n m cn D 7C ? ?.. Z < 3 0 °a -b N 0Z ?cn ??oom ? ;a rg m C 4 Z O C-1 N m V, S -,K)?Nm cr) > p Q° ,O d m cn o ?` / `-+ Cn co cn m 3 d IJ ?C-1 Q m mr- C) N n w o L ? 0 v, I I a, .= I fR 5 0 ti c c T cr) z V U. W O N 0 O 0 0 U D w r- D Z < -1 0 ? O Z C Ln Z L W ? C O N N m D p sp - 70 N 00 N m cn C N a m r °on ? o T O N N Z 3 3? ? K m m? and ov a 0 ;a • d d V _ -°3 W 3? O Q ? O o o n? o ? C V) O O 5 I? 1 -1 'o a 0 r oo r - m w(nn Ln D 7Z k mo Z < 0 m ZON o Z p oo cr'CN ? ° ?? y Ott 0 -+ d < m 0 F V) 33 9 CO C/ 1 m C 3 R N M r IQ n W n -A o O EXHIBIT C IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA UNITY BANK, Petitioner, V. Confession of Judgment No. 08-3902 TURNER'S PERSONAL CARE HOME, INC., 404 SILVER SPRING ROAD, LLC, HABITAT FOR FUTURE BUILDING, LLC, and TANISHA A. GRANDBERRY, Respondents ORDER AND NOW, TO WIT, this day of 7, 2009, upon consideration of the attached Petition, it is hereby Ordered that: 1. A Rule is issued upon the Respondents to show cause why the Petitioner is not entitled to the relief requested; the Respondents shall file an answer to the petition within twenty (20) days of service; 3, the Petition shall be decided under Pa.R.Civ. P. No. 206.7; be_ *):)(Y. 0% . an evidentiar/in Baring on dispu issues of material fact shall be held on c / ).0 1 Courtroom of the Cumberland County Court of Common Pleas, One Courthouse Square, Carlisle, Pennsylvania; and 5. the Petitioner shall provide notice of entry of this Order to all parties and proof of service filed- of record.. BY ' E COURT J. ZZ9 -7 r. EXHIBIT D IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA UNITY BANK, Petitioner, V. TURNER'S PERSONAL CARE HOME, INC., 404 SILVER SPRING ROAD, LLC, HABITAT FOR FUTURE BUILDING, LLC, and TANISHA A. GRANDBERRY, Respondents Confession of Judgment No. 08-3902 AFFIDAVIT OF SERVICE STATE OF NEW YORK ) ) SS COUNTY OF SUFFOLK ) I, VICTORIA VINCESLIO , being duly sworn according to law, depose and say that I am an adult over the age of eighteen (18) years; that I POSTED the items listed below on the property located at 323 40`h Street, Copiague, NY 11726 (the "Property")on SEPTEMBER 11TH, 2009, at 8:42 a.m./A. HABITAT FOR FUTURE BUILDING, LLC (a) Petition to Fix Value, with a Notice to Defend and Rule to Show Cause; (b) Order entered August 24, 2009, setting a hearing on October 12, 2;199--, I posted the above items by affixing them to the following location yh the WHITE & GLASS FRONT DOOR CRIB SWORN TO AND Sb)DAY BEFORE ME THIS , 2009 1 n 1 Notary f?:oYar , .. Comm s J0 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA UNITY BANK, Petitioner, V. TURNER'S PERSONAL CARE HOME, INC., 404 SILVER SPRING ROAD, LLC, HABITAT FOR FUTURE BUILDING, LLC, and TANISHA A. GRANDBERRY, Respondents Confession of Judgment No. 08-3902 AFFIDAVIT OF SERVICE STATE OF NEW YORK COUNTY OF SUFFOLK ) SS I, VICTORIA VINCESLIO , being duly sworn according to law, depose and say that I am Pan adult over the age of eighteen (18) years; that I POSTED the items listed below on the rop BERT c Tated H at 323 40th Street, Copiague, NY 11726 (the "Property")on SE 1 , 2009, at 8:42 a.m.i. 404 SILVER SPRING ROAD, LLC BY SERVICE UPON TANISHA GRANDBERRY, PRESIDENT (a) Petition to Fix Value, with a Notice to Defend and Rule to Show use; (b) Order entered August 24, 2009, setting a hearing on Octob 2, 200 I posted the above items by affixing them to the following 1 WHITE & GLASS FRONT DOOR \ -Pr' me: VI SWORN TO AND SUB,?. C.R ED BEFORE ME HIS A F 2009 Notary Public Cr°cV 3 1 VINCESLIO IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA UNITY BANK, V. Petitioner, TURNER'S PERSONAL CARE HOME, INC., 404 SILVER SPRING ROAD, LLC, HABITAT FOR FUTURE BUILDING, LLC, and TANISHA A. GRANDBERRY, Respondents STATE OF NEW YORK COUNTY OF SUFFOLK Confession of Judgment No. 08-3902 AFFIDAVIT OF SERVICE ) SS 1, VICTORIA VINCESLIO , being duly sworn according to law, depose and say that I am an adult over the age of eighteen (18) years; that I POSTED the items listed below on the property located at 323 40`h Street, Copiague, NY 11726 (the "Property")on SEPTEMBER 11TH, 2009, at 8:42 a.m./p= TANISHA GRANDBERRY (a) Petition to Fix Value, with a Notice to Defend and Rule to Show ause; (b) Order entered August 24, 2009, setting a hearing on October , 2009. I posted the above items by affixing them to the following location on the WHITE & GLASS FRONT DOOR : VICTORIA VINCESLIO SWORN TO AND S otary Y • ? Y IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA UNITY BANK, Petitioner, V. TURNER'S PERSONAL CARE HOME, INC., 404 SILVER SPRING ROAD, LLC, HABITAT FOR FUTURE BUILDING, LLC, and TANISHA A. GRANDBERRY, Respondents Confession of Judgment No. 08-3902 AFFIDAVIT OF SERVICE STATE OF NEW YORK COUNTY OF SUFFOLK ) SS I VICTORIA VINCESLIO , being duly sworn according to law, depose and say that I am an adult over the age of eighteen (18) years; that I POSTED the items listed below on the property located at 323 40th Street, Copiague, NY 11726 (the "Property")on su .MRRR 1 1 TH , 2009, at 8:42 a.m./Vn. TURNER'S PERSONAL CARE HOME, INC. (a) Petition to Fix Value, with a Notice to Defend and Rule to Show Cause; (b) Order entered August 24, 2009, setting a hearing on October 1 009. \ I posted the above items by affixing them to the following locatj.6n on the WHITE & GLASS FRONT DOOR SWORN TO AND SUB CRIBED FORE IS JAY OF BE M 2009 Notary Public: aJ E Ca OF AMW 2N9 OCT 23 F IZ= 20 cup %.?Oc:M OCT 262009 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA UNITY BANK, Petitioner, V. Confession of Judgment No. 08-3902 TURNER'S PERSONAL CARE HOME, INC., 404 SILVER SPRING ROAD, LLC, HABITAT FOR FUTURE BUILDING, LLC, and TANISHA A. GRANDBERRY, Respondents ORDER AND NOW, this ay of 0,1/^- 2009, upon consideration of Petitioner's Petition to Fix the Fair Value of a parcel of real estate known as 404 Silver Spring Road, Mechanicsburg, Cumberland County, PA, designated tax parcel no. 38-20-1836-003 (the "Subject Property"), it is hereby ORDERED and DECREED that the fair market value of the Subject Property being the same real property sold to Petitioner at a Sheriff's sale held in this matter on March 4, 2009, in partial satisfaction of the indebtedness represented by the judgment in this matter, is $350,000 (before expenses and unpaid taxes); and it is further ORDERED and DECREED that taxes and municipal charges due on the subject at the time of the Sheriff's sale are fixed at $8,360.57 and that said amount shall be deducted from the gross fair market value of the property; and it is further ORDERED and DECREED that the property related expenses Petitioner incurred in connection with the property are fixed at $11,365.05 and that said amount shall be deducted from the gross fair market value of the property; and it is further ORDERED and DECREED that foreclosure costs (paid through counsel) are fixed at $3,825.79 and that said amount shall be deducted from the gross fair market value of the property. , J. OF THE P€ OTH NOTARY 2009 OC T 27 Ph 4: o4 U Y! I r r?li JSl`t,.VAI' ilA 1004 9i IV vZ., J?/LiAl ZVCLS t - `T. a&atxLLseAy