HomeMy WebLinkAbout11-7017
HALIFAX NATIONAL BANK,
A DIVISION OF
RIVERVIEW NATIONAL BANK
Plaintiff
VS.
DENNIS J GRADY &
DIAN R. GRADY
Defendants
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P'?N?SYLV?x1A
COURT OF COMMONS PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO.. ,//- 70/7 Vll?
CIVIL ACTION - LAW
Confessed Judgment
Pursuant to the Authority contained in the Confession of Judgment,
the originals or copies of which are attached to the complaint
filed in this action, I appear for the Defendants and confess
judgment in favor of Plaintiff and against Defendants as follows:
Principal and Interest to
Sept. 8, 2011
Interest from Sept. 9, 2011
At the per diem rate of $64.22485
Until paid
Attorney Commission at 10t
Total
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Mo-ke-c- ^ax &-E?
318.955.96
$31,895.59
$350,851.44 plus interest and
costs from Sept. 9, 2011
vv?
Arthur M. Feld, Esq.
Attorney for Defendant
Attorney ID No. 07172
1309 Bridge Street
New Cumberland, Pa. 17070
HALIFAX NATIONAL BANK, COURT OF COMMONS PLEAS
A DIVISION OF CUMBERLAND COUNTY, PENNSYLVANIA
RIVERVIEW NATIONAL BANK
Plaintiff NO.. ?? -- 'pad I
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VS.
CIVIL ACTION - LAW c
DENNIS J. GRADY & .?y
DIAN R. GRADY rn? rn r
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Defendants ?-n
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COMPLAINT FOR CONFESSION OF JUDGMENT' M
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1. Plaintiff is Halifax National Bank, a division of Riverview
National Bank, a US Corporation authorized to do business in
Pennsylvania, with an office at 3rd and Market Sts. Halifax,
PA 17032.
2. Dennis J. Grady, a Defendant, is an adult individual with an
address at 29 Radam St., Enola, PA 17025.
3. Dian R. Grady, a Defendant, is an adult individual with an
address at 29 Radam St., Enola, PA 17025.
4. Defendants borrowed money from Plaintiff pursuant to a
Promissory Note with a date of June 6, 2007, which contains a
Confession of Judgment clause, a true and correct copy of
which is attached hereto, marked Exhibit "A" and made part
hereof.
5. Judgment hereon is not being entered by confession against a
natural person in connection with a consumer credit
transaction.
6. This loan has not been assigned.
7. Defendants are in default because they has not made monthly
payments as agreed with their last payment received on
July 14, 2011 which payment brought the account current to
June 6, 2011 and is due for July 6, 2011.
8. Judgment is to be entered in this County and Dauphin
County, Pa. on this note.
9. The Defendants current payoff balance for this account as of
Sept. 8, 2011 is $318,955.96 with an attorney commission due
of 10% in the amount of $31,895.59 for a total of
$350,851.55.
WHEREFORE, Plaintiff requests entry of judgment in accordance
with the Confession of Judgment in said agreement against
Defendants in the amount of $350,851.55, with interest thereon
from Sept. 8, 2011 at the per diem rate of $64.22485, together
with costs of suit thereon.
Respectfully Submitted,
,(:)-- r
Date: ( Arthur-M. Feld, Esq.
Attorney I.D. No. 07172
1309 Bridge Street
New Cumberland, PA 17070
(717)770-0292
HALIFAX NATIONAL BANK,
A DIVISION OF
RIVERVIEW NATIONAL BANK
Plaintiff
VS.
DENNIS J. GRADY &
DIAN R. GRADY
Defendants
COURT OF COMMONS PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
.. NO . .
CIVIL ACTION - LAW
Notice Under Rule 2958.1
Of Judgment and Execution Thereon
Notice of Defendant's Rights
To: Dennis J. Grady & Dian R. Grady
Defendants
A judgment in the amount of $350,851.55 has been entered
against you and in favor of 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.
YOUR 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 Bar Association
32 S. Bedford Street, Carlisle, PA 17013
(717)249-3166
(800)990-9108
C? -- 0A - 40
Arthur M. Feld, Esquire
ATTORNEY FOR PLAINTIFF
Attorney I.D. No. 07172
1309 Bridge Street
New Cumberland, PA 17070
(717)770-0292
DENNIS J. GRADY, DIAN R. GRADY (HALIFAX NATIONAL BANK
1852 POTATO VALLEY ROAD
HARRISBURG, PA 17112-0000
BORROWER'S NAME AND ADDRESS
T' includes each borrower above, jointly and severally.
Loan Number 212329350
Date__ 06/06/2007
Maturity Date _ 06/06/2027
Loan Amount $ $364,0 000
Renewal Of
For value received, I promise to pay to you, or your order, at your address listed above the PRINCIPAL sum of _ THREE HUNDRED SIXTY-
FOUR THOUSAND AND 00/100'5 Dollars $
$364,Q00,00
® Single Advance: I will receive all of this principal sum on 06/06/2007 No additional advances are contemplated under this note.
? Multiple Advance: The principal sum shown above is the maximum amount of principal I can borrow under thic nntn O.
I will receive the amount of
Conditions: The conditions for future advances are
THIRD & MARKET STREETS
P.O. BOX A
HALIFAX, PA 17032
LENDER'S NAME AND ADDRESS
"You" means the lender, its successors and assigns.
and future principal advances are contemplated.
? Open End Credit: You and I agree that I may borrow up to the maximum principal sum more than one time, This feature is subject to all
other conditions and expires on
? Closed End Credit: You and I agree that I may borrow (subject to all other conditions) up to the maximum principal sum only one time.
INTEREST: I agree to pay interest on the outstanding principal balance from 06/06/ 007 at the rate of 7.500%
per year until Q6/06/2012
® Variable Rate: This rate may then change as stated below.
® Index Rate: The future rate will be_I, 000% GREATER THA the following index rate: HALIFAX NATIONAL BANK
CQMMERCIAL PRIME RATE
? No Index: The future rate will not be subject to any internal or external index. It will be entirely in your control.
® Frequency and Timing: The rate on this note may change as often as (LILY
A change in the interest rate will take effect Q6/06/2012
® Limitations: During the term of this loan, the applicable annual interest rate will not be more than or less than
N/A %. The rate may not change more than 0 000 % each DAY
Effect of Variable Rate: A change in the interest rate will have the following effect on the payments:
® The amount of each scheduled payment will change. ? The amount of the final payment will change.
ACCRUAL METHOD: Interest will be calculated on a 3.65/365 basis.
POST MATURITY RATE: I agree to pay interest on the unpaid balance of this note owing after maturity, and until paid in full, as stated below:
® on the same fixed or variable rate basis in effect before maturity (as indicated above).
? at a rate equal to
® LATE CHARGE: If a payment is made more than 15 days after it is due, I agree to pay a late charge of 5.000°% OF THE PAYMENT
? RETURNED CHECK CHARGE: I agree to pay a fee of $
connection with this loan that is returned because it has been dishonored.
for each check, negotiable order of withdrawal or draft I issue in
® ADDITIONAL CHARGES: In addition to interest, I agree to pay the following charges which ® are ? are not included in the principal amount
above: FLOOD CERTS LOAN ORIGINATION FEE AP ATSALS LIEN SEARCHE , & RECORDIN COSTS
PAYMENTS: I agree to pay this note as follows:
® Interest: I agree to pay accrued interest MONTHLY AS BILLED
® Principal: I agree to pay the principal MONTHLY AS BILLED
? Installments: I agree to pay this note in payments. The first payment will be in the amount of $
and will be due . A payment of $ will be due
unpaid balance of principal and interest will be due
thereafter. The final payment of the entire
PURPOSE: The purpose of this loan is BUSINESS
® WARRANT OF AUTHORITY TO CONFESS JUDGMENT. Upon default, in addition to all other remedies and rights available to you, by signing
below Borrower irrevocably authorizes the prothonotary, clerk, or any attorney to appear in any court of record having jurisdiction over this matter
and to confess judgment against me at any time without stay of execution. 1 waive notice, service of process and process. I agree and understand
that judgment may be confessed against me for any unpaid principal, accrued interest and accrued charges due on this note, plus collection costs
and reasonable attorneys' fees up to 15 percent of the judgment. The exercise of the power to confess judgment will not exhaust this warrant of
authority to confess judgment and may be done as often as you elect. I further understand that my property may be seized without prior notice to
satisfy the debt owed. I knowingly, intentionally, and voluntarily waive any and all constitutional rights 1 have to pre-deprivation notice and hearing
un er federal and ate I s an fully unde and the consequenc of this waiver.
ADDITIONAL
?= X A
UNIVERSAL NOTE AND SECURITY AGREEMENT Ipege
E 0 1984, 1991 Bankers Systems, Inc., St. Cloud, MN Form UNS-LAZ-PA 2/13/2001 '?I AfAv
SECURITY
SECURITY INTEREST: I give you a security interest ?n all of the Property described below that I own or have sufficient rights in which to transfer an
interest, now or in the future, wherever the Property is or will be located, and all proceeds and products of the Property. "Property" includes all
parts, accessories, repairs, replacements, improvements, and accessions to the Property; any original evidence of title or ownership; and all
obligations that support the payment or performance of the Property. "Proceeds" includes anything acquired upon the sale, lease, license,
exchange, or other disposition of the Property; any rights and claims arising from the Property; and any collections and distributions on account of
the Property.
? Accounts and Other Rights to Payment: All rights to payment, whether or not earned by performance, including, but not limited to, payment for
property or services sold, leased, rented, licensed, or assigned. This includes any rights and interests (including all liens) which I have by law or
agreement against any account debtor or obligor.
? Inventory: All inventory held for ultimate sale or lease, or which has been or will be supplied under contracts of service, or which are raw
materials, work in process, or materials used or consumed in my business.
? Equipment: All equipment including, but not limited to, machinery, vehicles, furniture, fixtures, manufacturing equipment, farm machinery and
equipment, shop equipment, office and record keeping equipment, parts, and tools. The Property includes any equipment described in a list or
schedule I give to you, but such a list is not necessary to create a valid security interest in all of my equipment.
? Instruments and Chattel Paper: All instruments, including negotiable instruments and promissory notes and any other writings or records that
evidence the right to payment of a monetary obligation, and tangible and electronic chattel paper.
? General Intangibles: All general intangibles including, but not limited to, tax refunds, patents and applications for patents, copyrights,
trademarks, trade secrets, goodwill, trade names, customer lists, permits and franchises, payment intangibles, computer programs and all
supporting information provided in connection with a transaction relating to computer programs, and the right to use my name.
? Documents: All documents of title including, but not limited to, bills of lading, dock warrants and receipts, and warehouse receipts.
? Farm Products and Supplies: All farm products including, but not limited to, all poultry and livestock and their young, along with their produce,
products, and replacements; all crops, annual or perennial, and all products of the crops; and all feed, seed, fertilizer, medicines, and other
supplies used or produced in my farming operations.
? Government Payments and Programs: All payments, accounts, general intangibles, and benefits including, but not limited to, payments in kind,
deficiency payments, letters of entitlement, warehouse receipts, storage payments, emergency assistance and diversion payments, production
flexibility contracts, and conservation reserve payments under any preexisting, current, or future federal or state government program.
? Investment Property: All investment property including, but not limited to, certificated securities, uncertificated securities, securities
entitlements, securities accounts, commodity contracts, commodity accounts, and financial assets.
? Deposit Accounts: All deposit accounts including, but not limited to, demand, time, savings, passbook, and similar accounts.
® Specific Property Description: The Property includes, but is not limited by, the following: REAL ESTATE LOCATED AT 2 9 RADAM
STREET ENOLA, PA 17025 IN CUMBERLAND COUNTY
REAL PROPERTY MORE FULLY DESCRIBED IN CUMBERLAND COUNTY DEED BOOK 250, PAGE 1875. ALSO
KNOWN AS 29 RADAM STREET, EAST PENNSBORO TOWNSHIP, CUMBERLAND COUNTY, PA, 17025. TAX
PARCEL #09-12-2995-094.
(CONTINUED ON ADDENDUM UNS-LAZ-PA-0-1)
If applicable, enter real estate description and record owner information:
The Property will be used for a ? personal ® business ? agricultural ?
Borrower/Owner State of organization/registration (if applicable)
GENERALLY - This agreement secures this note and any other debt I have
with you, now or later. However, it will not secure other debts if you fail
with respect to such other debts, to make any required disclosure about
this security agreement or if you fail to give any required notice of the
right of rescission. If property described in this agreement is located in
another state, this agreement may also, in some circumstances, be
governed by the law of the state in which the Property is located.
NAME AND LOCATION - My name indicated on page 1 is my exact legal
name. If I am an individual, my address is my principal residence. If I am
not an individual, my address is the location of my chief executive offices
or sole place of business. If I am an entity organized and registered under
state law, my address is located in the state in which I am registered,
unless otherwise indicated on page 2. 1 will provide verification of
registration and location upon your request. I will provide you with at
least 30 days notice prior to any change in my name, address, or state of
organization or registration.
OWNERSHIP AND DUTIES TOWARD PROPERTY - I represent that I own
all of the Property, or to the extent this is a purchase money security
interest I will acquire ownership of the Property with the proceeds of the
loan. I will defend it against any other claim. Your claim to the Property is
ahead of the claims of any other creditor. I agree to do whatever you
require to protect your security interest and to keep your claim in the
Property ahead of the claims of other creditors. I will not do anything to
harm your position. I will not use the Property for a purpose that will
violate any laws or subject the Property to forfeiture or seizure.
I will keep books, records and accounts about the Property and my
business in general. I will let you examine these records at any reasonable
time. I will prepare any report or accounting you request, which deals
with the Property.
I will keep the Property in my possession and will keep it in good
repair and use it only for the purpose(s) described on page 1 of this
agreement. I will not change this specified use without your express
written permission. I represent that I am the original owner of the
Property and, if I am not, that I have provided you with a list of prior
owners of the Property. I will not use the Property for a purpose that will
violate any laws or subject the Property to forfeiture or seizure.
I will keep the Property at my address listed on page 1 of this
agreement, unless we agree I may keep it at another location, If the
Property is to be used in another state, I will give you a list of those
states. I will not try to sell the Property unless it is inventory or I receive
your written permission to do so. If I sell the Property I will have the
payment made payable to the order of you and me.
You may demand immediate payment of the debt(s) if the debtor is
not a natural person and without your prior written consent; (1) a
beneficial interest in the debtor is sold or transferred, or (2) there is a
change in either the identity or number of members of a partnership, or
(3) there is a change in ownership of more than 25 percent of the voting
stock of a corporation.
I will pay all taxes and charges on the Property as they become due.
You have the right of reasonable access in order to inspect the Property. I
will immediately inform you of any loss or damage to the Property.
If I fail to perform any of my duties under this security agreement, or
any mortgage, deed of trust, lien or other security interest, you may
01984, 1991 Bankers Systems, Inc., St. Cloud, MN Form UNS-LAZ-PA 2/13/2001
ADDITIONAL TERMS OF THE SECURITY AGREEMENT
purpose.
without notice to me perform the duties or cause them to be performed.
Your right to perform for me shall not create an obligation to perform and
your failure to perform will not preclude you from exercising any of your
other rights under the law or this security agreement.
PURCHASE MONEY SECURITY INTEREST - For the sole purpose of
determining the extent of a purchase money security interest arising
under this security agreement: (a) payments on any nonpurchase money
loan also secured by this agreement will not be deemed to apply to the
Purchase Money Loan, and (b) payments on the Purchase Money Loan
will be deemed to apply first to the nonpurchase money portion of the
loan, if any, and then to the purchase money obligations in the order in
which the items of collateral were acquired or if acquired at the same
time, in the order selected by you. No security interest will be terminated
by application of this formula. "Purchase Money Loan" means any loan
the proceeds of which, in whole or in part, are used to acquire any
collateral securing the loan and all extensions, renewals, consolidations
and refinancing of such loan.
PAYMENTS BY LENDER - You are authorized to pay, on my behalf,
charges I am or may become obligated to pay to preserve or protect the
secured property (such as property insurance premiums). You may treat
those payments as advances and add them to the unpaid principal under
the note secured by this agreement or you may demand immediate
payment of the amount advanced.
INSURANCE - I agree to buy insurance on the Property against the risks
and for the amounts you require and to furnish you continuing proof of
coverage. I will have the insurance company name you as loss payee on
any such policy. You may require added security if you agree that
insurance proceeds may be used to repair or replace the Property. I will
buy insurance from a firm licensed to do business in the state where you
are located. The firm will be reasonably acceptable to you. The insurance
will last until the Property is released from this agreement. If I fail to buy
or maintain the insurance (or fail to name you as loss payee) you may
purchase it yourself.
WARRANTIES AND REPRESENTATIONS - If this agreement includes
accounts, I will not settle any account for less than its full value without
your written permission. I will collect all accounts until you tell me
otherwise. I will keep the proceeds from all the accounts and any goods
which are returned to me or which I take back in trust for you. I will not
mix them with any other property of mine. I will deliver them to you at
your request. If you ask me to pay you the full price on any returned
items or items retaken by myself, I will do so. You may exercise my
rights with respect to obligations of any account debtors, or other
persons obligated on the Property, to pay or perform, and you may
enforce any security interest that secures such obligations. You may
exercise my rights with respect to obligations of any account debtors, or
other persons obligated on the Property, to pay or perform, and you may
enforce any security interest that secures such obligations.
If this agreement covers inventory, I will not dispose of it except in my
ordinary course of business at the fair market value for the Property, or at
a minimum price established between you and me.
If this agreement covers farm products I will provide you, at your
request, a written list of the buyers, commission merchants or selling
agents to or through whom I may sell my farm products. In addition to
those parties named on this written list, I authorize you to notify at your
sole discretion any additional parties regarding your security interest in
17 f 31
my farm products. I remain subject to all appli, )enalties for selling
my farm products in violation of my agreement you and the Food
Security Act. In this paragraph the terms farm products, buyers,
commission merchants and selling agents have the meanings given to
them in the Federal Food Security Act of 1985.
If this agreement covers chattel paper or instruments, either as original
collateral or proceeds of the Property, I will note your interest on the face
of the chattel paper or instruments.
REMEDIES - I will be in default on this security agreement if I am in
default on any note this agreement secures or if I fail to keep any promise
contained in the terms of this agreement. If I default, you have all of the
rights and remedies provided in the note and under the Uniform
Commercial Code. You may require me to make the secured property
available to you at a place which is reasonably convenient. You may take
possession of the secured property and sell it as provided by law. The
proceeds will be applied first to your expenses and then to the debt. I
agree that 10 days written notice sent to my last known address by first
class mail will be reasonable notice under the Uniform Commercial Code.
My current address is on page 1.
PERFECTION OF SECURITY INTEREST - I authorize you to file a financing
statement covering the Property. I will comply with, facilitate, and
otherwise assist you in connection with obtaining possession of or
control over the Property for purposes of perfecting your security interest
under the Uniform Commercial Code.
Any person who signs within this box does so to give you a security
interest in the Property described on page 2. This person does not
promise to pay the note. "I" as used in this security agreement will
include the borrower and any person who signs within this box.
Date
Signed
ADDITIONAL TERMS OF THE NOTE
DEFINITIONS: As used on pages 1 and 2, "IX " means the terms that
apply to this loan. "I," "me" or "my" means each Borrower who signs
this note and each other person or legal entity (including guarantors,
endorsers, and sureties) who agrees to pay this note (together referred to
as "us"). "You" or "your" means the Lender and its successors and
assigns.
APPLICABLE LAW - The law of the state of Pennsylvania will govern this
agreement. Any term of this agreement which is contrary to applicable
law will not be effective, unless the law permits you and me to agree to
such a variation. If any provision of this agreement cannot be enforced
according to its terms, this fact will not affect the enforceability of the
remainder of this agreement. No modification of this agreement may be
made without your express written consent. Time is of the essence in
this agreement. Any provision that appoints you as an agent is not
subject to the provisions of 20 Pa.C.S.A. Section 5601 at seq. (Chapter
56; Decedents, Estates and Fiduciaries Code). By exercising any of your
rights under this note, you do so for your sole benefit.
NAME AND LOCATION - My name indicated on page 1 is my exact legal
name. If I am an individual, my address is my principal residence. If I am
not an individual, my address is the location of my chief executive offices
or sole place of business. If I am an entity organized and registered under
state law, my address is located in the state in which I am registered,
unless otherwise provided in writing to you. I will provide verification of
registration upon your request. I will provide you with at least 30 days
notice prior to any change in my name, address, or state of organization
or registration.
PAYMENTS - Each payment I make on this note will first reduce the
amount I owe you for charges which are neither interest nor principal.
The remainder of each payment will then reduce accrued unpaid interest,
and then unpaid principal. If you and I agree to a different application of
payments, we will describe our agreement on this note. I may prepay a
part of, or the entire balance of this loan without penalty, unless we
specify to the contrary on this note. Any partial prepayment will not
excuse or reduce any later scheduled payment until this note is paid in full
(unless, when I make the prepayment, you and I agree in writing to the
contrary),
INTEREST - Interest accrues on the principal remaining unpaid from time
to time, until paid in full. If I receive the principal in more than one
advance, each advance will start to earn interest only when I receive the
advance. The interest rate in effect on this note at any given time will
apply to the entire principal sum outstanding at that time.
Notwithstanding anything to the contrary, I do not agree to pay and you
do not intend to charge any rate of interest that is higher than the
maximum rate of interest you could charge under applicable law for the
extension of credit that is agreed to in this note (either before or after
maturity). If any notice of interest accrual is sent and is in error, we
mutually agree to correct it, and if you actually collect more interest than
allowed by law and this agreement, you agree to refund it to me.
INDEX RATE - The index will serve only as a device for setting the
interest rate on this note. You do not guarantee by selecting this index, or
the margin, that the interest rate on this note will be the same rate you
charge on any other loans or class of loans you make to me or other
borrowers.
POST MATURITY RATE - For purposes of deciding when the "Post
Maturity Rate" (shown on page 1) applies, the term "maturity" means the
earliest of the following:
(a) the date of the last scheduled payment indicated on page 1 of this
note;
(b) the date you accelerate payment on the note; or
(c) after the entry of judgment on this note by confession or otherwise
and applies to amounts owed under this note on any such
judgment until paid in full.
SINGLE ADVANCE LOANS - If this is a single advance loan, you and I
expect that you will make only one advance of principal. However, you
may add other amounts to the principal if you make any payments
described in the "PAYMENTS BY LENDER" paragraph on page 2.
MULTIPLE ADVANCE LL . If this is a multiple advance loan, you and
I expect that you will make More than one advance of principal. If this is
closed end credit, repaying a part of the principal will not entitle me to
additional credit.
ADVANCE PROCEDURE AND MEANS - You will advance the loan
proceeds by way of check, cash, wire transfer, credit to an account or
any combination as You and I agree. The advance(s) will occur upon
consummation of the loan and as You and I agree, except that no
advance(s) will occur until after three business days from the date of
consummation if the loan is rescindable pursuant to Regulation Z (12
C.F.R. 4 226).
SET-OFF - I agree that you may set off any amount due and payable
under this note against any right I have to receive money from you.
"Right to receive money from you" means:
(1) any deposit account balance I have with you;
(2) any money owed to me on an item presented to you or in your
possession for collection or exchange; and
(3) any repurchase agreement or other nondeposit obligation.
"Any amount due and payable under this note" means the total
amount of which you are entitled to demand payment under the terms of
this note at the time you set off. This total includes any balance the due
date for which you properly accelerate under this note.
If my right to receive money from you is also owned by someone who
has not agreed to pay this note, your right of set-off will apply to my
interest in the obligation and to any other amounts I could withdraw on
my sole request or endorsement. Your right of set-off does not apply to
an account or other obligation where my rights are only as a
representative. It also does not apply to any Individual Retirement
Account or other tax-deferred retirement account.
You will not be liable for the dishonor of any check when the dishonor
occurs because you set off this debt against any of my accounts. I agree
to hold you harmless from any such claims arising as a result of your
exercise of your right to set-off.
DEFAULT - I will be in default if any one or more of the following occur:
(1) 1 fail to make a payment on time or in the amount due; (2) 1 fail to
keep the Property insured, if required; (3) 1 fail to pay, or keep any
promise, on any debt or agreement I have with you; (4) any other creditor
of mine attempts to collect any debt I owe him through court
proceedings; (5) 1 die, am declared incompetent, make an assignment for
the benefit of creditors, or become insolvent (either because my liabilities
exceed my assets or I am unable to pay my debts as they become due);
(6) 1 make any written statement or provide any financial information that
is untrue or inaccurate at the time it was provided; (7) 1 do or fail to do
something which causes you to believe you will have difficulty collecting
the amount I owe you; (8) any collateral securing this note is used in a
manner or for a purpose which threatens confiscation by a legal authority;
(9) 1 change my name or assume an additional name without first
notifying you before making such a change; (10) 1 fail to plant, cultivate
and harvest crops in due season if I am a producer of crops; (11) any
loan proceeds are used for a purpose that will contribute to excessive
erosion of highly erodible land or to the conversion of wetlands to
produce an agricultural commodity, as further explained in 7 C.F.R. Part
1940, Subpart G, Exhibit M.
REMEDIES - If I am in default on this note you have, but are not limited
to, the following remedies:
(1) You may demand immediate payment of all I owe you under this
note (principal, accrued unpaid interest and other accrued unpaid
charges).
(2) You may set off this debt against any right I have to the payment
of money from you, subject to the terms of the "SET-OFF"
paragraph herein.
(3) You may demand security, additional security, or additional parties
to be obligated to pay this note as a condition for not using any
other remedy.
(4) You may refuse to make advances to me or allow purchases on
credit by me.
(5) You may use any remedy you have under state or federal law.
(6) You may make use of any remedy given to you in any agreement
securing this note.
By selecting any one or more of these remedies you do not give up
your right to use later any other remedy. By waiving your right to declare
an event to be a default, you do not waive your right to consider later the
event a default if it continues or happens again.
COLLECTION COSTS AND ATTORNEY'S FEES - I agree to pay all costs
of collection, replevin or any other or similar type of cost if I am in
default. In addition, if you hire an attorney to collect this note, I also
agree to pay any fee you incur with such attorney plus court costs
(except where prohibited by law). To the extent permitted by the United
States Bankruptcy Code, I also agree to pay the reasonable attorney's
fees and costs you incur to collect this debt as awarded by any court
exercising jurisdiction under the Bankruptcy Code.
WAIVER - I give up my rights (to the extent permitted by law) to require
you to do certain things. I will not require you to:
(1) demand payment of amounts due (presentment);
(2) obtain official certification of nonpayment (protest); or
(3) give notice that amounts due have not been paid (notice of
dishonor).
I waive any defenses I have based on suretyship or impairment of
collateral.
OBLIGATIONS INDEPENDENT - I understand that I must pay this note
even if someone else has also agreed to pay it (by, for example, signing
this form or a separate guarantee or endorsement). You may sue me
alone, or anyone else who is obligated on this note, or any number of us
together, to collect this note. You may without notice release any party
to this agreement without releasing any other party. If you give up any of
your rights, with or without notice, it will not affect my duty to pay this
note. Any extension of new credit to any of us, or renewal of this note by
all or less than all of us will not release me from my duty to pay it. (Of
course, you are entitled to only one payment in full.) I agree that you may
at your option extend this note or the debt represented by this note, or
any portion of the note or debt, from time to time without limit or notice
and for any term without affecting my liability for payment of the note. I
will not assign my obligation under this agreement without your prior
written approval.
FINANCIAL INFORMATION - I agree to provide you, upon request, any
financial statement or information you may deem necessary. I warrant
that the financial statements and information I provide to you are or will
be accurate, correct and complete.
SIGNATURES: I AGREE TO THE ERMS OF THIS AGREEMENT (INCLUDING THOSE ON PAGES 1 AND 2). 1 have received a copy on today's date.
J6
DENNIS J DY DIAN R GRADY
(page 3 of 3)
Loan ?r 212329350
ADDENDUM UNS-LAZ-PA-0-1
REAL ESTATE LOCATED AT 1852 POTATO VALLEY ROAD HARRISBURG, PA 17112 IN DAUPHIN COUNTY
REAL PROPERTY MORE FULLY DESCRIBED IN DAUPHIN COUNTY DEED BOOK 3118, PAGE 163. ALSO KNOWN
AS 1852 POTATO VALLEY ROAD, MIDDLE PAXTON TOWNSHIP, DAUPHIN COUNTY, PA, 17112. TAX PARCEL
#43-036-115.
VERIFICATION
Paul B. Zwally states subject to the
penalties of 18 Pa C.S.Section 4904 relating to unsworn
falsification to authorities, that he is the
Executive Vice President for the Plaintiff
in this matter, that he is authorized to make this
affidavit on its behalf and that the facts set forth in the
foregoing pleading is true and correct to the best of
his/her knowledge, information and belief.
Paul B. Zwally
Executive Vice President
61
HALIFAX NATIONAL BANK A
DIVISION OF RIVERVIEW NATIONAL:
BANK
Plaintiff
DENNIS J. GRADY
DIAN R. GRADY
To DENNIS J. GRADY AND DIAN R
vs.
Defendant
COURT OF COMMONS PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO.
CIVIL ACTION - LAW
GRADY
You are hereby notified that on SEPT. 9, 2011, the following
judgment has been entered against you in the above captioned case.
CONFESSED JUDGMENT (BY COMPLAINT FOR CONFESSION OF
JUDGMENT) IN THE AMOUNT OF $350,JPLUS INTEREST PLUS TS
OF SUIT THEREON
DATE: SEPT. 9, 2011
I hereby certify that the name and address of the proper person/s to
receive this notice under Pa. R. Civ. P. 236 is/are:
DENNIS J. GRADY
DIAN R. GRADY
29 RADAM ST.
ENOLA, PA 17025
HALIFAX NATIONAL BANK, A DIVISION: COURT OF COMMONS PLEAS
OF RIVERVIEW NATIONAL BANK CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
VS. NO..
DENNIS J. GRADY &
DIAN R. GRADY
Defendants
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CIVIL LAW - ACTION
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CERTIFICATE OF SERVICE
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I, Arthur M. Feld, Esquire, of 1309 Bridge Strome Suite #5,
New Cumberland, PA 17070-1172, certify that on the ay of
September 2011, I served a copy of the Complaint for Confession of
Judgment, to the Defendants Dennis J Grady & Dian R. Grady, by
Regular Mail, postage prepaid to 29 Radam St. Enola, PA 17025.
DATE:
1 7w(o
Arthur M. Feld
Attorney I.D. No. 07172
1309 Bridge St.Ste. 5
New Cumberland, PA 17070-1172
(717) 770-0292
Attorney for Plaintiff
HALIFAX NATIONAL BANK, IN THE COURT OF COMMON PLEAS
A DIVISION OF RIVERVIEW CUMBERLAND COUNTY, PENNSYLVANIA
NATIONAL BANK,
VS. CIVIL ACTION - LAW
DENNIS J. GRADY &
DIAN R. GRADY, NO. 2011 - 07017
DEFENDANTS
ENTRY OF APPEARANCE '
M
Kindly enter my appearance in the above matter on behalf of the Plaintiff, -<
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HALIFAX NATIONAL BANK, A DIVISION OF RIVERVIEW NATIONAL BAND
C- n
PURCELL, KRUG & ER
By:
Leon . Haller, Esquire #15700
1719 North Front Street
Harrisburg, PA 17102
(717) 234-4178
Dated: I / -,,c ) ?'
WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA)
COUNTY OF CUMBERLAND)
NO. 11-7017 Civil
CIVIL ACTION - LAW
TO THE SHERIFF OF CUMBERLAND COUNTY:
To satisfy the debt, interest and costs due HALIFAX NATIONAL BANK, A DIVISION OF
RIVER VIEW NATIONAL BANK Plaintiff (s)
From DENNIS J. GRADY & DIAN R. GRADY
(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: $318,955.96 L.L.: $.50
Interest: FROM 9/9/11 AT PER DIEM RATE OF $64.22485 UNTIL PAID
Atty's Comm: 10% 31,895.59
Atty Paid: 58.50
Plaintiff Paid:
Date: 5/2/12
(Seal)
REQUESTING PARTY:
Name: LEON P. HALLER, ESQUIRE
Address: PURCELL, KRUG & HALLER
1719 NORTH FRONT STREET
HARRISBURG, PA 17102
Attorney for: PLAINTIFF
Telephone: 717-234-4178
Supreme Court ID No. 15700
Due Prothy: $2.25
Other Costs:
By:
Deputy
Leon P. Haller, Esquire
PA I.D. No. 15700
Purcell, Krug & Haller
1719 North Front Street
Harrisburg, PA 17102
(717) 234-4178
lphaller@a pkh.com
HALIFAX NATIONAL BANK,
A DIVISION OF RIVERVIEW
NATIONAL BANK,
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PENNSYLVANIA
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
VS. CIVIL ACTION - LAW
DENNIS J. GRADY &
DIAN R. GRADY, NO. 2011 - 07017
DEFENDANTS
PRAECIPE FOR WRIT OF EXECUTION
UPON A CONFESSED JUDGMENT
TO THE PROTHONOTARY OF CUMBERLAND COUNTY:
Kindly issue a writ of execution upon a judgment entered by confession in the above matter which
was entered on September 9, 2011:
(1) directed to the Sheriff of Cumberland County
(2) against Dennis J. Grady and Dian R. Grady, Defendants
(3) and enter this writ in the judgment index against Dennis J. Grady and Dian R. Grady,
Defendants
(4) amount due:
Principal and Interest to 9/8/2011 $318,955.96
Interest from 9/9/2011 at per
Diem rate of $64.22485 until paid
Attorneys' Commission at 10% $ 31,895.59
TOTAL $350,851.55 Plus interest and costs from
9/9/2011
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PURCELL, G & HALL By:
Le n P. Haller #15700
1719 North Front Street
Harrisburg, PA 17102
Phone: 717.234.4178
Attorney for Plaintiff
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HALIFAX NATIONAL BANK,
A DIVISION OF RIVERVIEW
NATIONAL BANK,
PLAINTIFF
VS.
DENNIS J. GRADY &
DIAN R. GRADY,
DEFENDANTS
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION LAW
NO. 2011 - 07017
NON-MILITARY AFFIDAVIT _
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COMMONWEALTH OF PENNSYLVANIA`'
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COUNTY OF DAUPHIN
Personally appeared before me, a Notary Public in and for said Commonwealth and County,
LEON P. HALLER, ESQUIRE who being duly sworn according to law deposes and states that the
Defendant (s) above named are not in the Military or Naval Service nor are they engaged in any way
which would bring them within the Soldiers and Sailors Relief Act of 1940, as amended.
Sworn to and subscribed
before me this day
of 201AR
It Of
Not y ublic
LEON P. HALLER, QUIRE
P?pfiARIAL SEAL
MARYLAND Ic. FERRETTI, Notary Public
Lower Paxton Twp„ Dauphin County
My Commission Expires Aug. 8, 2014
CERTIFICATION
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F'EN;P? S Y; D N 1
I certify that:
(1) This Praecipe is based upon a judgment entered by confession, and
(2) Notice will be served at least thirty days prior to the date of the sheriff's sale
of real estate pursuant to Rule 2958.2.
Dated: k-' /),' t
Respectfully submitted,
PURCELL, KRUG & HALLER
By:
Leon P. Haller #15700
1719 North Front Street
Harrisburg, PA 17102
Phone: 717.234.4178
Attorney for Plaintiff
. ,
HALIFAX NATIONAL BANK,
A DIVISION OF RIVERVIEW
NATIONAL BANK,
PLAINTIFF
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION LAW
VS. NO. 2011 - 07017 > -_, _
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DENNIS J. GRADY &
DIAN R. GRADY,!
DEFENDANTS
AFFIDAVIT PURSUANT TO RULE 3129.1
The Plaintiff in the above action, by its attorneys, Purcell, Krug & Haller, sets forth?4s O f thej?ate
the praecipe for the writ of execution was filed, the following information concerning the real property
located at 29 RADAM STREET, ENOLA, PENNSYLVANIA 17025:
Name and address of the Owner(s) or Reputed Owner(s):
DENNIS J. GRADY
29 RADAM STREET
ENOLA, PA 17025
DIAN R. GRADY
29 RADAM STREET
ENOLA, PA 17025
2. Name and address of Defendant(s) in the Judgment, if different from that listed. in (1)
above: SAME
3. Name and address of every judgment creditor whose judgment is a record lien on the
real property to be sold: UNKNOWN
Susquehanna Bank
1570 Manheim Pike
Lancaster, PA. 17604
PA Department of Revenue
Bureau of Compliance
Dept. 280948
Harrisburg, PA 17128-0948
PA Department of Revenue
Bureau of Compliance
P. O. Box 281230
Harrisburg, PA 17128-1230
4. Name and address of last recorded holder of every mortgage of record:
PLAINTIFF HEREIN (AND ANY OTHERS AS NOTED BELOW):
Halifax National Bank
Third and Market Streets
P. O. Box A
Halifax, PA 17032
5. Name and address of every other person who has any record lien on the property:
UNKNOWN
6. Name and address of every other person who has any record interest in the property and
whose interest may be affected by the sale: UNKNOWN
7. Name and address of every other person of whom the Plaintiff has knowledge who has
any interest in the property which may be affected by the sale:
TENANT/OCCUPANT
29 RADAM STREET
ENOLA, PA 17025
(In the preceding information, where addresses could not be reasonably ascertained, the same is
indicated.)
I verify that the statements made in this Affidavit are true and correct to the best of my personal
knowledge, information and belief. I understand that false statements herein are a subject to the
penalties of 18 PA C.S. Section 4904 relating to unsworn falsification to author'
Leo . aller PA I.D. # 15700
P cell, Krug & Haller
1719 North Front Street
Harrisburg, PA 17102
(717) 234-4178
DATE: April 25, 2012
HALIFAX NATIONAL BANK,
A DIVISION OF RIVERVIEW
NATIONAL BANK,
PLAINTIFF
vs.
DENNIS J. GRADY &
DIAN R. GRADY,
DEFENDANTS
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION LAW
NO. 2011 - 07017
NOTICE OF SHERIFF'S SALE OF REAL ESTATE
PURSUANT TO
PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129.1
TAKE NOTICE:
That the Sheriffs Sale of Real Property (real estate) will be held:
DATE: Monday, SEPTEMBER 05, 2012
TIME: 10:00 O'clock A.M.
LOCATION: Cumberland County Courthouse
Carlisle, Pennsylvania 17013
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THE PROPERTY TO BE SOLD is delineated in detail in a legal description mainly consisting
of a statement of the measured boundaries of the property, together with a brief mention of the buildings
and any other major improvements erected on the land. (SEE DESCRIPTION ATTACHED)
THE LOCATION of your property to be sold is:
29 RADAM STREET
ENOLA, PENNSYLVANIA 17025
THE JUDGMENT under or pursuant to which your property is being sold is docketed in the
within Commonwealth and County to:
No. MG-12-000415 JUDGMENT AMOUNT $350,851.55
THE NAMES OF THE OWNERS OR REPUTED OWNERS of this property is:
DENNIS J. GRADY AND DIAN R. GRADY
A SCHEDULE OF DISTRIBUTION, being a list of the persons and/or governmental or
corporate entities or agencies being entitled to receive part of the proceeds of the sale received and to be
disbursed by the Sheriff (for example, to banks that hold mortgages and municipalities that are
owed taxes) will be filed by the Sheriff of this County thirty (30) days after the sale and distribution of
the proceeds of sale in accordance with this schedule will, in fact, be made unless someone objects by
filing exceptions to it within ten (10) days of the date it is filed.
Information about the Schedule of Distribution may be obtained from the Sheriff of the Court of
Common Pleas of the within County at the Courthouse address specified herein.
THIS PAPER IS A NOTICE OF THE TIME AND PLACE OF THE SALE OF YOUR
PROPERTY.
IT HAS BEEN ISSUED BECAUSE THERE IS A JUDGMENT AGAINST YOU.
IT MAY CAUSE YOUR PROPERTY TO BE HELD, TO BE SOLD OR TAKEN TO PAY
THE JUDGMENT
You may have legal rights to prevent your property from being taken away. A lawyer can advise
you more specifically of these rights. If you wish to exercise your rights, YOU MUST ACT
PROMPTLY.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. GO TO OR
TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET
FREE LEGAL ADVICE:
Cumberland County Bar Association
32 South Bedford Street
Carlisle, Pennsylvania 17013
717-249-3166
Legal Services, Inc
8 Irvine Row
Carlisle, Pennsylvania 17013
717-243-9400
THE LEGAL RIGHTS YOU MAY HAVE ARE:
1. You may file a petition with the Court of Common Pleas of the within County to open the
judgment if you have a meritorious defense against the person or company that has entered judgment
against you. You may also file an petition with the same Court if you are aware of a legal defect in the
obligation or the procedure used against you.
2. After the Sheriffs Sale you may file a petition with the Court of Common Pleas of the within
County to set aside the sale for a grossly inadequate price or for other proper cause. This petition
MUST BE FILED BEFORE THE SHERIFF'S DEED IS DELIVERED.
3. A petition or petitions raising the legal issues or rights mentioned in the preceding paragraphs
must be presented to the Court of Common Pleas of the within County. The petition must be served on
the attorney for the creditor or on the creditor before presentation to the court and a proposed order or
rule must be attached to the petition.
If a specific return date is desired, such date must be obtained from the Court Administrator's
Office - Civil Division, of the within County Courthouse, before a presentation of the petition to the
Court.
PURCELL, KRUG & HALLER
Attorneys for Plaintiff
1719 North Front Street
Harrisburg, PA 17102
(717) 234-4178
ALL THOSE CERTAIN TWO TRACTS of land situate in East Pennsboro Township, Cumberland
County, Pennsylvania, being more particularly bounded and described as follows:
TRACT NO. 1:
BEGINNING at a point on the northerly line of a 40 foot street known as Radam Street, 242.81 feet
measured westwardly along said Street from the westerly right of way line of the State Highway, U.S.
Route 11 and 15; thence Westwardly along said line of Radam Street, 60 feet to a point; thence by lands
now or late of Maurice Lightner, Northwardly at right angles 150 feet to a point; thence by lands now or
late of Summerdale Methodist Church, Eastwardly parallel with Radam Street, 60 feet to a point; thence
Southwardly at right angles passing through a stake located 119 feet from. Radam Street, a distance of
150 feet to the place of BEGINNING.
BEING the western 30 feet of Lot No. 18 and the eastern 30 feet of Lot No. 19 on said Plan laid out by
George Moore.
HAVING THEREON ERECTED A DWELLING KNOWN AS 29 RADAM STREET, ENOLA, PA
17025.
TRACT NO. 2:
BEGINNING at a point on the North side of Radam Street at the corner of land now or formerly of Edith
Lightner, and which point is 172.81 feet West of the right of way line of U. S. Routes 11 and 15; thence
Westwardly along the northern line of said Radam Street 70 feet to a point at the southeast corner of land
now or late of Jeannette E. Rodenbach; thence Northwardly along the line of said land now or late of
Jeannette E. Rodenbach, 150 feet to a point at the northeast corner of said land and at the line of land now
or late of Summerdale Methodist Church; thence Eastwardly along the line of land now or late of
Summerdale Methodist Church, 70 feet to a point at the northwest corner of land now or formerly of Edith
Lightner, thence along the line of land now or late of said Edith Lightner, South 4 degrees East, 150 feet to
the north side of Radam Street, the point and place of BEGINNING.
BEING Lot No. 17 and the eastern 20 feet of Lot No. 18 on Plan of George Moore.
UNDER AND SUBJECT to the restriction that no building may be erected within 20 feet of any street line.
UNDER AND SUBJECT, NEVERTHELESS, to restrictions, easements and conditions as set forth in prior
instruments of record.
BEING THE SAME PREMISES WHICH Ronald Lee Jackson and Jeanne V. Jackson, husband and wife,
by deed dated 1/24/02 and recorded 2/13/02 in Cumberland County Record Book 250, Page 1875, granted
and conveyed unto Dennis J. Brady and Dian R. Grady, husband and wife.
TO BE SOLD AS THE PROPERTY OF DENNIS J. GRADY AND DIAN R/ GRADY ON JUDGMENT
NO. 2011-07017.
ASSESSMENT NO. 09-12-2995-094
HALIFAX NATIONAL BANK,
A DIVISION OF RIVERVIEW
NATIONAL BANK,
VS.
DENNIS J. GRADY &
DIAN R. GRADY,
DEFENDANTS
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 2011 - 07017
NOTICE UNDER RULE 2958.2
OF JUDGMENT AND EXECUTION THEREON
NOTICE OF DEFENDANTS RIGHTS
TO: DENNIS J. GRADY AND DIAN R. GRADY, DEFENDANTS
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A JUDGMENT in the amount of $350,851.55 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
court has issued a writ of execution which directs the sheriff to levy upon and sell certain
real property owned by you to pay the judgment. The sheriff's sale has been scheduled
for Wednesday, September 05, 2012.
You may have legal rights to defeat the judgment or to prevent or delay the
sheriff s sale.
YOU MUST FILE A PETITION SEEKING RELIEF FROM THE JUDGMENT
OR DELAY OF THE SHERIFF'S SALE PRIOR TO THE SHERIFF'S SALE OR YOU
MAY LOSE YOUR RIGHTS.
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.
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.
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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 Bar Association
32 S. Bedford Street
Carlisle, PA 17013
(717) 249-3166 (800) 990-9108
PURCELL, KRUG & HALLER
BY /?
Leon P. Haller, Esquire PA I.D. 15700
Attorneys for Plaintiff
1719 North Front Street
Harrisburg, PA 17102
(717) 234-4178
` SHERIFF'S OFf ICE OF CUMBERLAND COUhIT1P
RonnyRAnderson Ff~.~i~-€~F ~~L~
sheriff ~F~E~`~QTN~M~7.~`~~';,
~~,~~>,ir of ~~EU~~erl~~~
Jody S Smith ~; _..~., . ~ Z~1Z AU6 29 AM g: 3 ~
Chief Deputy
Richard W Stewart ~~~ ~~~~.~~,
Solicitor ~Fr„'~ ~F T"E s"'-~'F~ ~~" $~~.~/kN~l4
Halifax National Bank, A Division of River View National Bank
vs.
Dennis J Grady (et al.)
Case Numb+
2011-7017
SHERIFF'S RETURN OF SERVICE
06/18/2012 12:07 PM -Deputy Amanda Cobaugh, being duly sworn according to law, states service was perforrr
by posting a true copy of the requested Real Estate Writ, Notice and Description, in the move titled
action, upon the property located at 29 Radam Street, East Pennsboro Township, Enola, PA 17025,
Cumberland County.
06/18/2012 12:07 PM -Deputy Amanda Cobaugh, being duly sworn according to law, served the requested Real
Estate Writ, Notice and Description, in the above titled action, by making known its conterbts and at th
same time personally handing a true copy to a person representing themselves to be the Defendant,
wit: Dian R Grady at 29 Radam Street, East Pennsboro Township, Enola, PA 17025, Cunberland Cc
06/18/2012 12:07 PM -Deputy Amanda Cobaugh, being duly sworn according to law, served the regpested Real
Estate Writ, Notice and Description, in the above titled action, by making known its contehts and at th
same time personaNy handing a true copy to a person representing themselves to be the Defendant,
wit: Dennis J Grady at 29 Radam Street, East Pennsboro Township, Enola, PA 17025, Cumberland
County.
07/06/2012 Ronny R Anderson, Sheriff, being duly sworn according to law, states that this writ is returned "stayed
per letter of instruction from Attorney.
SHERIFF COST: $171.57
August 24, 2012
SO ANSWERS,
RON R ANDE
SHERIFF
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HALIFAX NATIONAL BANK,
A DIVISION OF RIVERVIEW
NATIONAL BANK,
PLAINTIFF
VS.
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION LAW
NO. 2011 - 07017
DENNIS J. GRADY &
DIAN R. GRADY,
DEFENDANTS
AFFIDAVIT PURSUANT TO RULE 3129.1
The Plaintiff in the above action, by its attorneys, Purcell, Krug & Haller, sets forth as of th date
the praecipe for the writ of execution was filed, the following information concerning the real prop y
located at 29 RADAM STREET, ENOLA, PENNSYLVANIA 17025:
1. Name and address of the Owner(s) or Reputed Owner(s):
DENNIS J. GRADY
29 RADAM STREET
ENOLA, PA 17025
DIAN R. GRADY
29 RADAM STREET
ENOLA, PA 17025
2. Name and address of Defendant(s) in the Judgment, if different from that listed. in
above: SAME
3. Name and address of every judgment creditor whose judgment is a record lien on
real property to be sold: UNKNOWN
Susquehanna Bank
1570 Manheim Pike
Lancaster, PA 17604
PA Department of Revenue
Bureau of Compliance
Dept. 280948
Harrisburg, PA 17128-0948
PA Department of Revenue
Bureau of Compliance
P. O. Box 281230
Harrisburg, PA 17128-1230
i
4. 'Name and address of last recorded holder of every mortgage of record:
PLAINTIFF HEREIN (AND ANY OTHERS AS NOTED BELOW):
Halifax National Bank
Third and Market Streets
P. O. Box A
Halifax, PA 17032
5. Name and address of every other person who has any record lien on the property:
UNKNOWN
6. Name and address of every other person who has any record interest in the
whose interest may be affected by the sale: UNKNOWN
7. Name and address of every other person of whom the Plaintiff has knowledge
any interest in the property which may be affected by the sale:
TENANT/OCCUPANT
29 RADAM STREET
ENOLA, PA 17025
(In the preceding information, where addresses could not be reasonably ascertained, the
indicated.)
and
~ has
is
I verify that the statements made in this Affidavit aze true and correct to the be$t of my pe onal
knowledge, information and belief. I understand that false statements herein are subject the
penalties of 18 PA C.S. Section 4904 relating to unsworn falsification to autho ' '
Leo aller PA I.D. # I S
P cell, Krug & Haller
1719 North Front Street
Harrisburg, PA 17102
(717) 234-4178
DATE: April 25, 2012
,_. ~ _ _
SHORT LEGAL FOR ADVERTISING:
ALL THOSE CERTAIN TWO TRACTS of land situate in East Pennsboro Township, Cumberland
County, Pennsylvania, (1}being the western 30 feet of Lot No. 18 and the eastern 30 feet of Lot N . 19
on Plan laid out by George Moore (2) being Lot No. 17 and the eastern 20 feet of Lot N4. 18 on Pl of
George Moore, and HAVING THEREON ERECTED A DWELLING KNOWN AS 29 RADAM
STREET, ENOLA, PA 17025.
Reference Cumberland County Record Book 250, Page 1875.
TO BE SOLD AS THE PROPERTY OF DENNIS J. GRADY AND DIAN R/ GRADY ON
N0.2011-07017.
ASSESSMENT NO. 09-12-2995-094
ALL THOSE CERTAIN TWO TRACTS of land situate in East Pennsboro Township, Cumber
County, Pennsylvania, being more particularly bounded and described as follows:
TRACT NO. 1:
BEGINNING at a point on the northerly line of a 40 foot street known as Radam Street, 242.81 fee
measured westwardly Tong said Street from the westerly right of way line of the State Highway, U S.
Route 11 and 15; thence Westwardly along said line of Radam Street, 60 feet to a point; thence by ands
now or late of Maurice Lightner, Northwardly at right angles 150 feet to a point; thence by lands n w or
late of Summerdale Methodist Church, Eastwardly parallel with Radam Street, 60 feet to a point; t ence
Southwardly at right angles passing through a stake located 119 feet from Radam Street, a distance of
150 feet to the place of BEGINNING.
BEING the western 30 feet of Lot No. 18 and the eastern 30 feet of Lot No. 19 on said Plan laid ou~ by
George Moore.
HAVING THEREON ERECTED A DWELLING KNOWN AS 29 RADAM STREET, ENOLA, P
17025.
TRACT N0.2:
BEGINNING at a point on the North side of Radam Street at the corner of land now or formerly of E th
Lightner, and which point is 172.81 feet West of the right of way line of U. S. Routes 11 and 15; then
Westwardly along the northern line of said Radam Street 70 feet to a point at the southeast'. corner of 1 d
now or late of Jeannette E. Rodenbach; thence Northwardly along the line of said land now or late of
Jeannette E. Rodenbach, 150 feet to a point at the northeast corner of said land and at the line of land w
or late of Summerdale Methodist Church; thence Eestwardly along the line of land now or late of
Summerdale Methodist Church, 70 feet to a point at the .northwest corner of land now or formerly of dith
Lightner, thence along the line of land now or late of said Edith. Lightner, South 4 degrees £ast, 150 fe t to
the north side of Radam Street, the point and place of BEGINNING.
BEING Lot No. 17 and the eastern 20 feet of Lot No. 18 on Plan of George Moore.
UNDER AND SUBJECT to the restriction that no building may be erected within 20 feet of any street line.
UNDER AND SUBJECT, NEVERTHELESS, to restrictions, easements and conditions as set forth in
instruments of record.
BEING THE SAME PREMISES WHICH Ronald Lee Jackson and Jeanne V. Jackson, husband and '
by deed dated 1/24/02 and recorded 2/13/02 in Cumberland County Record Book 250, Page 1875, gr 1
and conveyed unto Dennis J. Brady and Dian R. Grady, husband and wife.
TO BE SOLD AS THE PROPERTY OF DENNIS J. GRADY AND DIAN R/ GRADY ON JUDG
N0.2011-07017.
ASSESSMENT NO. 09-12-2995-094
a '
HALIFAX NATIONAL BANK,
A DIVISION OF RIVERVIEW
NATIONAL BANK,
PLAINTIFF
VS.
DENNIS J. GRADY &
DIAN R. GRADY,
DEFENDANTS
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION LAW
NO. 2011 - 07017
NOTICE OF SHERIFF'S SALE OF REAL ESTATE
PURSUANT TO
PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129.1
TAKE NOTICE:
That the Sheriffs Sale of Real Property (real estate) will be held:
DATE: Monday, SEPTEMBER 05, 2012
TIME: 10:00 O'clock A.M.
LOCATION: Cumberland County Courthouse
Cazlisle, Pennsylvania 17013
THE PROPERTY TO BE SOLD is delineated in detail in a legal description mainly con
of a statement of the measured boundaries of the property, together with a brief mention of the bui
and any other major improvements erected on the land. (SEE DESCRIPTION ATTACI-QED)
THE LOCATION of your property to be sold is:
29 RADAM STREET
ENOLA, PENNSYLVANIA 17025
THE JUDGMENT under or pursuant to which your property is being sold is docketed in
within Commonwealth and County to:
No. MG-12-000415 JUDGMENT AMOUNT $350,851.55
THE NAMES OF THE OWNERS OR REPUTED OWNERS of this property is:
DENNIS J. GRADY AND DIAN R. GRADY
__ - --
A SCHEDULE OF DISTRIBUTION, being a list of the persons and/or governmen 1 or
corporate entities or agencies being entitled to receive part of the proceeds of the sale received and to be
disbursed by the Sheriff (for example, to banks that hold mortgages and municipalities tha are
owed taxes) will be filed by the Sheriff of this County thirty (30) days after the sale and distributi n of
the proceeds of sale in accordance with this schedule will, in fact, be made unless someone obje is by
filing exceptions to it within ten (10} days of the date it is filed.
Information about the Schedule of Distribution may be obtained from the Sheriff of the Co~rt of
Common Pleas of the within County at the Courthouse address specified herein.
PROPERTY.
E AND PLA(
IT HAS BEEN ISSUED BECAUSE THERE IS A JUDGMENT AGAINST YOU.
THE JUDGMENT
OUR PROPERTY TO BE HELD, TO BE SOLD OR TAKEN TO IPAY
You may have legal rights to prevent your property from being taken away. A lawyer can vise
you more specifically of these rights. If you wish to exercise your rights, YOU MUST CT
PROMPTLY.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. GO TO OR
TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN G T
FREE LEGAL ADVICE:
Cumberland County Bar Association
32 South Bedford Street
Carlisle, Pennsylvania 17013
717-249-3166
Legal Services, Inc
8 Irvine Row
Carlisle, Pennsylvania 17013
717-243-9400
THE LEGAL RIGHTS YOU MAY HAVE ARE:
1. You may file a petition with the Court of Common Pleas of the within County to ope the
judgment if you have a meritorious defense against the person or company that has entered judg ent
against you. You may also file an petition with the same Court if you are aware of a legal defect i the
obligation or the procedure used against you.
2. After the Sheriffs Sale you may file a petition with the Court of Common Pleas of the i
County to set aside the sale for a grossly inadequate price or for other proper cause. This pe i
MUST BE FILED BEFORE THE SHERIFF'S DEED IS DELIVERED.
3. A petition or petitions raising the legal issues or rights mentioned in the preceding para aphs
must be presented to the Court of Common Pleas of the within County. The petition must be serv d on
the attorney for the creditor or on the creditor before presentation to the court and a proposed or r or
rule must be attached to the petition.
If a specific return date is desired, such date must be obtained from the Court Administr tor's
Office -Civil Division, of the within County Courthouse, before a presentation of the petition t the
Court.
PURCELL, KRUG & HALLER
Attorneys for Plaintiff
1719 North Front Street
Harrisburg, PA 17102
(717) 234-4178
SHORT LEGAL FOR ADVERTISING:
ALL THOSE CERTAIN TWO TRACTS of land situate in East Pennsboro Township, Cumberland
County, Pennsylvania, (1) being the western 30 feet of Lot No. 18 and the eastern 30 feet of Lot N . 19
on Plan laid out by George Moore (2) being Lot No. 17 and the eastern 20 feet of Lot Na. 18 on Pl of
George Moore, and HAVING THEREON ERECTED A DWELLING KNOWN AS 29 RADAM
STREET, ENOLA, PA 17025.
Reference Cumberland County Record Book 250, Page 1875.
TO BE SOLD AS THE PROPERTY OF DENNIS J. GRADY AND DIAN R/ GRADY ON JUDG
N0.2011-07017.
ASSESSMENT NO. 09-12-2995-094
ALL THOSE CERTAIN TWO TRACTS of land situate in East Pennsboro Township, Cumberland
County, Pennsylvania, being more particularly bounded and described as follows:
TRACT NO. 1:
BEGINNING at a point on the northerly line of a 40 foot street known as Radam Street, 242.81 fee
measured westwardly along said Street from the westerly right of way line of the State Highway, U S.
Route 11 and 15; thence Westwazdly along said line of Radam Street, 60 feet to a point; thence by 1 nds
now or late of Maurice Lightner, Northwazdly at right angles 150 feet to a point; thence by lands n or
late of Summerdale Methodist Church, Eastwazdly parallel with Radam Street, 60 feet tb a point; th nce
Southwardly at right angles passing through a stake located 119 feet from Radam Street, a distance f
150 feet to the place of BEGINNING.
BEING the western 30 feet of Lot No. 18 and the eastern 30 feet of Lot No. 19 on said Plan laid ou~ by
George Moore.
HAVING THEREON ERECTED A DWELLING KNOWN AS 29 RADAM STREET, ENOLA, P
17025.
TRACT N0.2:
BEGINNING at a point on the North side of Radam Street at the corner of land now or formerly of E
Lightner, and which point is 172.81 feet West of the right of way line of U. S. Routes 11 and 15; ther.
Westwazdly along the northern line of said Radam Street 70 feet to a point at the southeast corner of ]
now or late of Jeannette E. Rodenbach; thence Northwazdly along the line of said land now or late of
Jeannette E. Rodenbach, 150 feet to a point at the northeast corner of said land and at the line of land
or late of Summerdale Methodist Church; thence Eastwardly along the line of land now or late of
Summerdale Methodist Church, 70 feet to a point at the northwest corner of land now or formerly of
Lightner, thence along the line of land now or late of said Edith Lightner, South 4 degrees East, 150 f
the north side of Radam Street, the point and place of BEGINNING.
BEING Lot No. 17 and the eastern 20 feet of Lot No. 18 on Plan of George Moore.
UNDER AND SUBJECT to the restriction that no building may be erected within 20 feet of any street
UNDER AND SUBJECT, NEVERTHELESS, to restrictions, easements and conditions as set forth in
instruments of record.
BEING THE SAME PREMISES WHICH Ronald Lee Jackson and Jeanne V. Jackson, husband and
by deed dated 1/24/02 and recorded 2/13/02 in Cumberland County Record Book 250, Page 1875, gt
and conveyed unto Dennis J. Brady and Dian R. Grady, husband and wife.
TO BE SOLD AS THE PROPERTY OF DENNIS J. GRADY AND DIAN R/ GRADY ON
N0.2011-07017.
th
to
line.
ASSESSMENT NO. 09-12-2995-094
TT _.... ~ _._ __ 4 .: ..
WRIT OF EXECUTION and/or ATTACHMENT
EOMMbNWEALTH OF PENNSYLVANIA) NO. 11-7017 Civil
COUNTY OF~CUMBERLAND) CIVIL ACTION -LAW
TO THE SHERIFF OF CUMBERLAND COUNTY:
To satisfy the debt, interest and costs due HALIFAX NATIONAL BANK, A DIVISION OF
RIVER VIEW NATIONAL BANK Plaintiff (s)
From DENNIS J. GRADY & DIAN R. GRADY
(I) 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: $318,955.96 L.L.: $.50
Interest FROM 9/9/11 AT PER DIEM RATE OF $64.22485 UNTIL PAID
Atty's Comm:10% 31,895.59
Atty Paid: 58.50
Plaintiff Paid:
Date: 5/2/12
(Seal)
REQUESTING PARTY:
Name: LEON P. HALLER, ESQUIRE
Address: PURCELL, KRUG &HALLER
1719 NORTH FRONT STREET
HARRISBURG, PA 17102
Attorney for: PLAINTIFF
Telephone: 717-234-4175
Supreme Court ID No. 15700
Due Prothy: $2.25
Other Costs:
Lepury
TRUE COPY FROI+li RECORD
In Testimony Whereof, !here unto set my han
and the sit of said Co t Ca~tisfe, Pa.
Thts--_ _ day of ~~~~ it nn 1
~~ y~ ~ `~" ~~rrot~Q.~
On--May 16, 2012 the S~e~~ ~~at ~ t~ c~t's-
interest inthe real i~r~~~ si ~t~~ ~n ~~t..~
Township, Curn~~~ ~, P~~, i~r~n ~~d
numk~ered 29 I~~m ~trt, Er~+~, P"~A 1702 n~Q~re ~u~lY
described on Ex~iit "A» f -i~t t~~ grit ~~t~ icy this
reference in~Qr~a~r~;d he~e~n.
Date.: May 16,,2412
By
Claudia Brewbaker, Real Estate C~cd~ator
8 l_ :~ ~` ~ - ~ ~i ~d t i ~l
~~~°~