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HomeMy WebLinkAbout11-7179HALIFAX NATIONAL BANK A DIVISION OF RIVERVIEW NATIONAL BANK Plaintiff VS. FREDERICK L. SULLENBERGER Defendant COURT OF COMMONS PLEAS CUMBERLAND COUNTY, PENNS)EfyVAAI A1 NO. - cn r - C) CIVIL ACTION - LAW -<> Ln r-- = ° r o • C.7 r 7? ! T -E Confessed Judgment Pursuant to the Authority contained in the warrant of attorney, the original or a copy of which is attached to the complaint filed in this action, I appear for Defendant and confess judgment in favor of Plaintiff and against Defendant as follows: Principal Sum Interest from September 9, 2011 Until paid Attorney Commission at 10% Total $121,306.83 $12,130.68 133,437.51 plus interest and costs 1 Arthur M. Feld, Esq. Attorney for Defendant Attorney ID No. 07172 1309 Bridge Street New Cumberland, Pa. 17070 *ar1.5D PO ATry c* 49700 0 4?6If80/ 4ACe Paid HALIFAX NATIONAL BANK A DIVISION OF RIVERVIEW NATIONAL: BANK Plaintiff VS. FREDERICK L. SULLENBERGER Defendant COURT OF COMMONS PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. CIVIL ACTION - LAW COMPLAINT FOR CONFESSION OF JUDGMENT 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 Third and Market Streets, Halifax, Dauphin County, Pa. 17032. 2. Frederick L. Sullenberger, the Defendant, is an individual with an address at 167 Enola Road, P.O. Box 97, Enola, PA 17025. 3. Defendant and Kristie L. Sullenberger borrowed money from Plaintiff pursuant to a Commercial Variable Rate or Draw Note, dated Mar. 21, 2006 which was assigned a loan number of 210800650, attached hereto, marked Exhibit "A", and made part hereof. 4. On June 10, 2010, Plaintiff and Frederick L. Sullenberger and Kristie L. Sullenberger amended the Loan Agreement by releasing Kristie L. Sullenberger from any further financial obligation on the loan. 5. 6. 7. 8. 9. The Note contains a Warrant of Authority to Confess Judgment. Judgment hereon is not being entered by confession against a natural person in connection with a consumer credit transaction. This loan has not been assigned. Defendant is in default as he has not made the monthly payment due for June 21, 2011 and each monthly payment thereafter. Judgment has not been entered in any other jurisdiction. 10. The Defendant's current payoff balance with the bank as of September 9, 2011, is $121,306.83 with daily interest thereafter of $19.40635 until paid, with an attorney commission of $12,130.68 for a total as of September 9, 2011 of $133,437.51. WHEREFORE, Plaintiff requests entry of judgment in accordance with the warrant of attorney in said agreement against Defendant in the amount of $133,437.51, with interest thereon as set forth above, together with costs of suit thereon. Respectfully Submitted, )- 114 1' Date: ?- Arthur M. Feld, E q. Attorney I.D. No. 07172 1309 Bridge Street New Cumberland, PA 17070 (717)770-0292 COMMERCIAL VARIABLE RATE OR DRAW NOTE HALIFAX NATIONAL BANK FREDERICK L. SULLENBERGER AND 311 South Market Street KRISTIE L. SULLENBERGER - Millersburg, PA 17061 "BORROWER" Interest Principal Amount Funding Agreement Maturity Loan Rate Date Date Number 8.50% $285,000.00 03/21/2006 03/21/2026 Loan Purpose: Working Capital needs PROMISE TO PAY: For value received, Borrower promises to pay to the order of Lender, the principal amount of Two Hundred Eight-Five Thousand and no/100 Dollars ($285,000.00) if less, the aggregate unpaid principal amount of all loans or advances made by Lender to Borrower under this Note, plus interest on the unpaid principal balance at the rate and in the manner described below, until all amounts owing under this Note are paid in full. All amounts received by Lender shall be applied first to accrued unpaid interest, then to unpaid principal and then to unpaid late charges and expenses, or in any other order as determined by Lender, in Lender's sole discretion, as permitted by law. REVOLVING OR DRAW FEATURE: This Note possesses a revolving feature. Upon satisfaction of all conditions set forth in this Note, Borrower shall be entitled to borrow up to the full principal amount of the Note and to repay and reborrow from time to time during the term of the Note. This Note possesses a draw feature. Upon satisfaction of all conditions set forth in this Note, Borrower shall be entitled to draw one or more times under this Note. Any repayment may not be reborrowed. The aggregate amount of such draws shall not exceed the full principal amount of this Note. Information with regard to any loans or advances under this Note shall be recorded and maintained by Lender in its internal records and such records shall be conclusive of the principal and interest owed by Borrower under this Note unless there is a material error in such records. The ?rr /? Initials:_ +uS Lender's failure to record the date and amount of any loan or advance shall not limit or otherwise affect the obligations of the Borrower under this Note to repay the principal amount of the loans or advances together with all interest accruing thereon. Borrower shall be entitled to inspect or obtain a copy of the records during Lender's business hours. CONDITIONS FOR ADVANCES: If no Event of Default has occurred under this Note, Borrower shall be entitled to borrow monies under this Note (subject to the limitations described above) under the following conditions: INTEREST RATE: This Note has a variable rate feature. The interest rate on this Note may change from time to time if the Index Rate identified below changes. The initial interest rate on this Note shall be 8.500% per annum. Said Interest Rate shall be fixed for the first sixty months of the term, thereafter over the remaining 180 months of the term, interest shall be computed on the basis of the actual number of days over 365 days per year and shall be calculated and payable at a variable rate equal to 1.00% per annum over the Index Rate. Any change in the interest rate resulting from a change in the Index Rate will be effective on: The date of the change of the Index Rate. RATE LIMITATIONS: Subject to applicable law, the minimum interest rate on this Note shall be 4. 00% per annum. The maximum interest rate on this Note shall not exceed 21.000% per annum, or if less, or if a maximum rate is not indicated, the maximum interest rate Lender is permitted to charge by law. INDEX RATE: The Index Rate for this Note shall be: The current base rate offered by Halifax National Bank Commercial Prime. If the Index Rate is redefined or becomes unavailable, then Lender may select another index which is substantially similar. DEFAULT RATE: If there is an Event of Default under this Note, the Lender may, in its discretion,. increase the interest rate on this Note to: Rate in effect at time of default plus two percent (2%) or the maximum interest rate Lender is permitted to charge by law, whichever is less. PAYMENT SCHEDULE: Borrower shall pay the principal and interest according to the following schedule: On demand, but if no demand is made, then: Principal and Interest payments in the amount of $2,429.91, beginning thirty days from the date hereof, and continuing at monthly time intervals thereafter. A final payment of the unpaid principal balance plus accrued interest is due and payable on 03/21/2026. [x] A prepayment penalty of 2.00% shall be charged if the balance of the loan is paid off Ex. P Initials: - r3 0-5 before the maturity date. LATE CHARGE: If a payment is received more than 15 days late, Borrower will be charged a late charge of: 5% of the unpaid late payment or $50.00 whichever is greater as permitted by law. No more than one late charge will be imposed on any single payment or portion of any payment. SECURITY: To secure the payment and performance of obligations incurred under this Note, Borrower grants Lender a security interest in all of Borrower's right, title, and interest in all monies, instruments, savings, checking, share and other accounts of Borrower (excluding IRA, Keogh, trust accounts and other accounts subject to tax penalties if so assigned) that are now or in the future in Lender's custody or control . [ ] If checked; the obligations under this Note are also secured by the collateral described in any security instruments) executed in connection with this Note, and any collateral described in any other security instrument(s) securing this Note or all of Borrower's obligations. CHECK PROCESSING FEE: If a check for payment is returned to Lender for any reason (for example, because there are insufficient funds in Borrower's checking account), Lender will assess a check processing fee of $ 35.00 which shall be added to the principal balance. RENEWAL: [ ] If checked, this Note is a renewal, but not a satisfaction, of Loan Number TERMS AND CONDITIONS 1. EVENTS OF DEFAULT. An Event of Default will occur under this Note in the event that Borrower, any guarantor or any other third party pledging collateral to secure this Note: (a) fails to make any payment on this Note or any other indebtedness to Lender when due; (b) fails to perform any obligation or breaches any warranty or covenant to Lender contained in this Note, any security instrument, or any other present or future written agreement regarding this or any other indebtedness of Borrower to Lender; (c) provides or causes any false or misleading signature or representation to be provided to Lender; (d) sells, conveys, or transfers rights in any collateral securing this Note without the written approval of Lender; destroys, loses or damages such collateral in any material respect; or subjects such collateral to seizure, confiscation or condemnation; r Iq Initials: R iz (e) has a garnishment, judgment, tax levy, attachment or lien entered or served against Borrower, any guarantor, or any third party pledging collateral to secure this Note or any of their property; (f) dies, becomes legally incompetent, is dissolved or terminated, ceases to operate its business, becomes insolvent, makes an assignment for the benefit of creditors, fails to pay debts as they become due, or becomes the subject of any bankruptcy, insolvency or debtor rehabilitation proceeding; (g) fails to provide Lender evidence of satisfactory financial condition; (h) has a majority of its outstanding voting securities sold, transferred or conveyed to any person or entity other than any person or entity that has the majority ownership as of the date of the execution of this Note; or(i) causes Lender to deem itself insecure due to a significant decline in the value of any real or personal property securing payment of this Note, or Lender in good faith, believes the prospect of payment or performance is impaired. 2. RIGHTS OF LENDER ON EVENT OF DEFAULT. If there is an Event of Default under this Note, Lender will be entitled to exercise one or more of the following remedies without notice or demand (except as required by law): (a) to declare the principal amount plus accrued interest under this Note and all other present and future obligations of Borrower immediately due and payable in full, such acceleration shall be automatic and immediate if the Event of Default is a filing under the Bankruptcy Code; (b) to collect the outstanding obligations of Borrower with or without resorting to judicial process; (c) to cease making advances under this Note or any other agreement between Borrower and Lender; (d) to take possession of any collateral in any manner permitted by law; (e) to require Borrower to deliver and make available to Lender any collateral at a place reasonably convenient to Borrower and Lender; (f) to sell, lease or otherwise dispose of any collateral and collect any deficiency balance with or without resorting to legal process; (g) to set-off Borrower's obligations against any amounts due to Borrower including, but not limited to, monies, instruments, and deposit accounts maintained with Lender; and (h) to exercise all other rights available to Lender under any other written agreement or '00? Initials:_ 5 X. applicable law. Lender's rights are cumulative and may be exercised together, separately, and in any order. Lender's remedies under this paragraph are in addition to those available at common law, including, but not limited to, the right of set-off. 3. DEMAND FEATURE. [?] If checked, this Note contains a demand feature. Lender's right to demand payment, at any time, and from time to time, shall be in Lender's sole and absolute discretion, whether or not any default has occurred. 4. FINANCIAL INFORMATION. Borrower will at all times keep proper books of record and account in which full, true and correct entries shall be made in accordance with generally accepted accounting principles and will deliver to Lender, within ninety (90) days after the end of each fiscal year of Borrower, a copy of the annual financial statements of Borrower relating to such fiscal year, such statements to include (i) the balance sheet of Borrower as at the end of such fiscal year and (ii) the related income statement, statement of retained earnings and statement of cash flow of Borrower for such fiscal year, prepared by such certified public accountants as may be reasonably satisfactory to Lender. Borrower alsq agrees to deliver to Lender within fifteen (15) days after filing same. a copy of Borrower's income tax returns and also, from time to time, such other financial information with respect to Borrower as Lender may request. 5. MODIFICATION AND WAIVER. The modification or waiver of any of Borrower's obligations or Lender's rights under this Note must be contained in a writing signed by Lender, Lender may perform any of Borrower's obligations or delay or fail to exercise any of its rights without causing a waiver of those obligations or rights. A waiver on one occasion will not constitute a waiver on any other occasion. Borrower's obligations under this Note shall not be affected if Lender amends compromises exchanges, fails to exercise, impairs or releases any of the obligations belonging to any co-borrower or guarantor or any of its rights against any co-borrower, guarantor, the collateral or any other property securing the obligations. Lender may accept and apply checks and other instruments marked "Paid in Full" or with a similar phrase describing a payment as full satisfaction of the obligations incurred under this Note, without being bound by that language and without waiving any rights to payment of all amounts owing under this Note. 6. SEVERABILITY. If any provision of this Note is invalid, illegal or unenforceable, the validity, legality, and enforceability of the remaining provisions shall not in any way be affected or impaired thereby. 7 ASSIGNMENT. Borrower agrees not to assign any of Borrower's rights, remedies or obligations described in this Note without the prior written consent of Lender, which consent may be withheld Q Initials: R C.L3 by Lender in its sole discretion. Borrower agrees that Lender is entitled to assign some or all of its rights and remedies described in this Note without notice to or the prior consent of Borrower. 8. NOTICE. Any notice or other communication to be provided to Borroweror Lender under this Note shall be in writing and sent to the parties at the addresses described in this Note or such other address as the parties may designate in writing from time to time. 9 APPLICABLE LAW Interest including rates, fees and charges which compensate Lender for the extension of credit to Borrower under this Note, or which compensate Lender for any default or breach by Borrower of the terms and conditions of this Note, shall be governed by the laws of the state of Pennsylvania. All other terms and conditions of this Note shall be governed by the laws of the• state of Pennsylvania. Unless applicable law provides otherwise, Borrower consents to the jurisdiction and venue of any court located in Pennsylvania selected by Lender, in its discretion, in the event of a legal proceeding under this Note. 10. COLLECTION COSTS. To the extent permitted by law, Borrower agrees to pay Lender's reasonable fees and costs, including. but not limited to. fees and costs of attorneys and other agents (including withouit limitation paralegals, clerks and consultants), whether or not such attorney or agent is an employee of Lender, which are incurred by Lender in collecting any amount due or enforceing any right or remedy under this Note, whether or not suit is brought, including, but not limited to, all fees and costs incurred on appeal, in bankruptcy, and for post judgment collection actions. 11. MISCELLANEOUS.. This Note is being executed primarily for commercial, agricultural, or business purposes. Borrower and Lender agree that time is of the essence. Borrower agrees to make all payments to Lender at any. address designated by Lender and in lawful United States currency. Borrower and any person who endorses this Note waives presentment, demand for payment, notice of dishonor and protest and further waives any right to require Lender to proceed against anyone else before proceeding against Borrower or said person. All references to Borrower in this Note shall include all of the parties signing this Note, and this Note shall be binding upon the heirs, successors and assigns of Borrower and Lender. If there is more than one Borrower their obligations under this Note shall be joint and several. Information concerning this Note may be reported to credit reporting agencies and will be made available when requested by proper legal process. This Note represents the complete and integrated understanding between Borrower and Lender regarding the terms hereof. 12. JURY TRIAL WAIVER. LENDER AND BORROWER HEREBY WAIVE ANY RIGHT TO A TRIAL ?? Initials: ?_ ?s BY JURY IN ANY CIVIL ACTION ARISING OUT OF, OR BASED UPON, THIS NOTE OR THE COLLATERAL SECURING THIS NOTE. WARNING: READ BEFORE SIGNING - YOU ARE WAIVING IMPORTANT RIGHTS AS A MATERIAL INDUCEMENT TO LENDER TO MAKE THE LOAN EVIDENCED BY THIS NOTE, BORROWER IRREVOCABLY AUTHORIZES AND EMPOWERS ANY ATTORNEY OR THE PROTHONOTARY OR CLERK OFANY COURT IN THE COMMONWEALTH OF PENNSYLVANIA, OR ELSEWHERE, TO APPEAR AS ATTORNEY FOR BORROWER IN ANY ACTION BROUGHT BY LENDER AFTER BORROWER'S DEFAULT UNDER THIS NOTE OR ANY OTHER LOAN DOCUMENT, AND TO CONFESS JUDGMENT AGAINST BORROWER FOR ALL SUMS DUE UNDER THIS NOTE OR ANY OTHER LOAN DOCUMENT, AND FOR ALL ACCRUED INTEREST ON THOSE AMOUNTS, COST OF SUIT, AND ATTORNEY FEES, TOGETHER WITH INTEREST ON ANY JUDGMENT, AT THE RATE OF INTEREST SPECIFIED IN THE NOTE AFTER DEFAULT, FROM THE ENTRY OF SUCH JUDGMENT UNTIL THE FULL AMOUNT DUE LENDER IS ACTUALLY RECEIVED. THIS NOTE, OR A COPY VERIFIED BY AFFIDAVIT, WILL BE A SUFFICIENT WARRANT. THE AUTHORITY GRANTED HEREIN MAY BE EXERCISED AS NEEDED FROM TIME TO TIME, AS OFTEN AS NECESSARY, UNTIL RECEIPT OF PAYMENT IN FULL OF ALL SUMS DUE LENDER. BORROWER KNOWINGLY, INTENTIONALLY AND VOLUNTARILY, AFTER CONSULTATION WITH INDEPENDENT COUNSEL, UNCONDITIONALLY WAIVES ANYAND ALL RIGHTS TO DUE PROCESS BORROWER HAS OR MAY HAVE UNDER THE CONSTITUTIONS AND LAWS OF THE UNITED STATES AND OF THE COMMONWEALTH OF PENNSYLVANIA, EXCEPT THE RIGHT TO ANY NOTICE AND/OR HEARING REQUIRED UNDER APPLICABLE LAW WITH RESPECT TO THE EXECUTION OF ANY CONFESSED JUDGMENT. BORROWER FURTHER UNDERSTANDS THAT UPON BORROWER'S DEFAULT AND CONFESSION OF JUDGMENT, THIS WAVIER ALLOWS LENDER TO IMMEDIATELY EXECUTE. UPON AND SEIZE AND SELL ANY OF BORROWER'S PROPERTY WITHOUT PRIOR NOTICE OR OPPORTUNITY FOR HEARING, EXCEPT ANY NOTICE AND/OR HEARING REQUIRED UNDER APPLICABLE LAW WITH RESPECT TO THE EXECUTION OF THE CONFESSED JUDGMENT, IN ORDER TO SATISFY OR SECURE ALL SUMS DUE. THE PERSONS SIGNING BELOW ACKNOWLEDGE THAT THEY HAVE READ, UNDERSTAND, AND AGREE TO THE TERMS AND CONDITIONS OF THIS NOTE, INCLUDING THE PROVISIONS ON THE REVERSE SIDE, AND FURTHER ACKNOWLEDGE RECEIPT OF AN ,w Q Initials: Y LS L1^ -' / EXACT COPY OF THIS NOTE. IN WITNESS WHEREOF the undersigned has/have caused this instrument to be executed as a sealed instrument this day of March, 2006. BORROWER: !?jf FREDER CK L SULLENBERGER FRED #NBERGER ?e- 4 BORROWER: KRISTIE L. SULLENBERGER KRISTIE SULLENBERGER Initials: _Fy i<t-S VERIFICATION Paul B. Zwall 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 CERTIFICATE OF ADDRESS FOR A CONFESSION OF JUDGMENT HALIFAX NATIONAL BANK A DIVISION OF RIVERVIEW NATIONAL BANK Plaintiff vs FREDERICK L. SULLENBERGER Defendant/s C d ''S "t7 ? - - --i rn fi = 2 r .. C ?v D C-) -Z CD _ ? 3 Ft -Z c co y C) r-; --? tv COURT OF COMMON PLEAS CUMBERLAND COUNTY NO. 1 - 717q `, {V i ( Tex," CIVIL ACTION - LAW I, Arthur M. Feld, Esquire, hereby certify that the address of the Plaintiff is Third and Market Streets, Halifax, PA 17032. I hereby certify the address of Defendant Frederick L. Sullenberger is 167 Enola Road, P.O. Box 97, Enola, PA 17025. DATE : 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, A DIVISION: COURT OF COMMONS PLEAS OF RIVERVIEW NATIONAL BANK CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff VS. NO.. ??- 717q C W1I Texr+ FREDERICK L. SULLENBERGER Defendant . CIVIL LAW - ACTION ,- CERTIFICATE OF ? C N a '°?'3 rn CO ? C'0) ` te us r'- - 0 - r` ? M - to c=> ' 7' SERVICE « s ? ; c C4 Qr I, Arthur M. Feld, Esquire, of 1309 Bridge Street, ?fiuirte , New Cumberland, PA 17070-1172, certify that on the 13th dal off' September 2011, I served a copy of the Complaint for Confession of Judgment, to the Defendant, Frederick L. Sullenberger, by including a copy of the Complaint with an envelope, postage prepaid to, 167 Enola Road, P.O. Box 97, Enola, PA 17025 to the Prothonotary for them to send out with the Notice of Judgment. C? DATE : W - (F,20 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 A COURT OF COMMONS PLEAS DIVISION OF RIVERVIEW NATIONAL: CUMBERLAND COUNTY, PENNSYLVANIA BANK Plaintiff NO. Il - '717 q Oivi ( _(erm vs. CIVIL ACTION - LAW FREDERICK L. SULLENBERGER Defendant To FREDERICK L. SULLENBERGER 14 You are hereby notified that on SEPTEMBER t5 ,2011, the following judgment has been entered against you in the above captioned case. CONFESSED JUDGMENT (BY C PLAINT FOR CONFESS N OF .notary receive this notice under Pa. R. Civ. P. 236 is/are: OF SUIT THEREON ? JUDGMENT) I hereby IN THE certify that AMOUNT the OF $13name3,43and7.51 P address S of R the proper PLUS CO DATE: SEPTEMBER 2011 person/s to FREDERICK L. SULLENBERGER 167 ENOLA ROAD P.O. BOX 97 ENOLA, PA 17025 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION C-) PRAECIPE FOR WRIT OF EXECUTION HALIFAX NATIONAL BANK Plaintiff vs. FREDERICK L. SULLENBERGER Defendant Address: 167 Enola Road P.O. Box 97, Enola, PA 17025 TO THE PROTHONOTARY OF THE SAID COURT: The undersigned hereby certifies that the below does not arise out of a retail installment sale, contract, or account based on a confession of judgment, but if it does, it is based on the appropriate original proceeding filed pursuant to act 7 of 1966 as amended; and for real property pursuant to Act 6 of 1974 as amended. Issue writ of execution in the above matter to the Sheriff of Cumberland County, for debt, interest and costs, upon the following described property of the defendant (s) 167 Enola Road, East Pennsboro Township, Cumberland County, PA UPI:09-14-0832-270and 09-14-0832-270A. - See attached descriptions PRAECIPE FOR ATTACHMENT EXECUTION Issue writ of attachment to the Sheriff of County, for debt, interest and costs, as above, directing attachment against the above-named garnishee(s) for the following property (if real estate, supply six copies of the description; supply four copies of lengthv personalty list) and all other property of the defendant(s) in the possession, custody or control oythe said ? (Indicate) Index this writ against the garnishee (s) as a lis defendant(s) described in the attached exhibit. Date 0 Signature: S Print Name: Aa&W Po AT'rY Address: a17. 50 c8 r 01. so &I 58.50 - Pp ATr''y 4a-as &" 5o LL ?? Confessed Judgment = ? Other 1 r I> c:D File No. 2011-7179 -Q Amount Due $133,437.51 7'- to 9/5/12 $6,975.71' Interest Atty's Comm costs to be added of the Robert G. Radebach 912 North River Road Halifax, PA 17032 Attorney for: Plaintiff Telephone: 717-896-2666 Supreme Court ID No: 19255 ,.. ..,, 0 13103 0,215o44(a RE Ori'f" " IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION HALIFAX NATIONAL BANK, Plaintiff : CIVIL ACTION- LAW Vs. NO. 2011-7179 SULLENBERGER FREDERICK L C = . Defendant and Real Owner ^ :Z M rte- AFFIDAVIT OF NOTICE TO DEFENDANT C' COMMONWEALTH OF PENNSYLVANIA r ' "T COUNTY OF DAUPHIN Robert G. Radebach, Esquire, being duly sworn according to law, deposes and says that: He is Attorney for the Plaintiff in the action above captioned; and that no notices in accordance with Act 6 of 1974, and Act 91 of 19 ere servpon the Defendant since the subject property is not residential real p pe y and f h because the debt is issue was for a commercial and business pur os . X , Further, your deponent saith not. Robert G. Radebacl Attorney for Plaintiff Sworn and subscribed before me this day of Notary Public COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL DIANA L. LUTHER, Notary Public City of Harrisburg, Dauphin County My Commission Expires April 11, 2013 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION HALIFAX NATIONAL BANK, Plaintiff : CIVIL ACTION- LAW Vs. NO. 2011-7179 C- FREDERICK L. SULLENBERGER ;:Z3 ` -? Defendant and Real Owner MW x fi > AFFIDAVIT OF NON-MILITARY SERVICE < C - COMMONWEALTH OF PENNSYLVANIA COUNTY OF DAUPHIN Robert G. Radebach, Esquire, being duly sworn according to law, deposes and says that: He is Attorney for the Plaintiff in the above captioned action; and That Defendant is not in the military or naval services of thg,United States or its allies, or is otherwise within the provisions of the SojdierVan)d SaiWp Civil Relief Act of Congress of 1940 and its amendments. Robert G. Radebach Attorney for Plaintiff Sworn and subscribed before me this day of "MIARNWEALtm OP NOTARIAL SEAL DIANA L. LUTHER, Notary Public C' of Harrisburg, Dauphin County My ommission Expires April 11, 2013 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION HALIFAX NATIONAL BANK, Plaintiff : CIVIL ACTION- LAW Vs. NO. 2011-7179 FREDERICK L. SULLENBERGER Defendant and Real Owner M'_' AFFIDAVIT PURSUANT TO RULE 3129 MM =:= °4 r o COMMONWEALTH OF PENNSYLVANIA C) .g =V COUNTY OF DAUPHIN HALIFAX NATIONAL BANK, Plaintiff in the above action, sets forth as of the date the Praecipe for Writ of Execution was filed the following information concerning the real property located at East Pennsboro Township, Cumberland County, Pennsylvania. 1. Name and address of Owners or reputed Owners: Frederick L. Sullenberger 167 Enola Road P.O. Box 97 Enola, PA 17025 2. Name and address of Defendant(s) in the judgment: Frederick L. Sullenberger 167 Enola Road, P.O. Box 97 Enola, PA 17025 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Turo Law Offices 129 South Pitt Street Carlisle, PA 17013 4. Name and address of the last recorded holder of every mortgage of record: Halifax National Bank P.O. Box A Halifax, PA 17032 5. Name and address of every other person who has any record lien on the property: Cumberland County Tax Claim Bureau 1 Courthouse Square Room 106 - Old Courthouse Carlisle, PA 17013 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: None. 7. Name and address of every other person of whom the Plaintiff has any knowledge who has any interest in the property which may be affected by the sale: Pennsylvania Department of Revenue Office of Chief Counsel P.O. Box 281061 Harrisburg, PA 17128 Pennsylvania Department of Welfare P.O. Box 8016 Harrisburg, PA 17105 Pennsylvania Department of Welfare TPL Casualty Unit Estate Recovery Program P.O. Box 8486 Harrisburg, PA 17105-8486 Bureau of Compliance - Pa. Dept of Revenue P.O. Box 281230 Harrisburg, PA 17128 Domestic Relation Office - Cumberland County, PA 14 North Hanover Street P.O. Box 320 Carlisle, PA 17013 Internal Revenue Service Technical Support Group William Green Federal Building Room 3259, 600 Arch Street Philadelphia, PA 19106 The addresses listed above are the last known reasonable ascertainable addresses after a reasonable search conducted by the Plaintiff. I verify that the statements made ' i Affid i re true and correct to the best of my personal knowledge, informati n an beli I nderstand that false statements herein are made subject to the enal of 8 P .?C.S. §4904 relating to unsworn falsification to authorities. Date: May 10, 2012 uvffiritffimc Robert G. Radebach, Esquire Attorney for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION HALIFAX NATIONAL BANK, Plaintiff : CIVIL ACTION- LAW Vs. NO. 2011-7179 _ `r FREDERICK L. SULLENBERGER rr Defendant and Real Owner =M ' XP. -` NOTICE OF SHERIFF'S SALE OF REAL ESTATE a , -4 n- '` TO: FREDERICK L. SULLENBERGER: " Your real estate in the Township of East Pennsboro, Cumberland County, Pennsylvania, is scheduled to be sold at Sheriffs Sale at 10:00 A.M., on September 5, 2012, in the Cumberland County Courthouse located in Courthouse Square, Carlisle, Pennsylvania, to enforce the court judgment of $ 133,437.51 obtained by the above- named 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 same will be canceled if you pay to the above named Plaintiff the amount of the judgment plus costs or the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call Robert G. Radebach, Esquire, at (717) 896-2666. 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. 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 of stopping the sale. (See notice below to find out 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 bid by calling the Sheriff at the county courthouse. 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. To find out if this has happened, you may call the Sheriff at the courthouse, which number is listed below. 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 house. A schedule of distribution of the money bid for your house will be filed by the Sheriff on October 5, 2012. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after sale date. 7. You may also have other rights and defenses, or ways of getting your house back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT . IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO LEPH NE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU C T L GAL ?IELP. CUMBERLAND COUNTY BAR AS C TION J 32 SOUTH BEDFORD S E CARLISLE, PA 17 13 i i' 1-800-990-91 8 i? f (717) 249-3 66 / The Sheriffs phone number is: (717) G. Radebach, Esquire 10 Locust Street Harrisburg, PA 17101 (717) 234-6655 Attorney for Plaintiff Robert G. Radebach, Esquire Tract No. 1 ALL THAT CERTAIN lot, parcel, piece of ground, situate in East Pennsboro Township, Cumberland County, Pennsylvania, consisting of Lot No. 7, Tract 3 of Plan of Lots as recorded in Plan Book 1 page 51; as shown on the Plan of Lots of Enola, Tract 3, as prepared for Virginia and Bruce Shellenberger by Emerson E. Bornman Jr., P.L.S., dated June 29, 1985, bounded and described as follows, to wit: BEGINNING at an iron pin in the westerly line of Enola Road at the distance of Four Hundred Twenty (420') feet measured southwardly along said line of road from the southeasterly extremity of the arc/or curve, having a radius of Ten (10') feet, connecting the southerly line of Dauphin Street with the westerly line of Enola Road, said point also being at the dividing line between lands herein described ad lands now or late of Earl Scheib Paint Shops of Erie, Inc.; thence along said lands now or late of Earl Scheib Paint Shops of Erie Inc., North Eighty-four (84°) degrees fifty (50') minutes Thirty (30") seconds West, a distance of One Hundred Fifty (150) feet to an iron pin at line of property shown as Lot No. 32, Tract 4, (now or late of Carol Bucher); thence along said line of property of Lot Nos. 32 and 33, North Five (5°) degrees Nine (9') minutes Thirty (30") seconds East, a distance of Sixty (60') feet to an iron pin at line of Lot No. 6 (now or late of Rosemary Lattuca); thence ling said line of Lot No. 6, South Eighty-four (84°) degrees Fifty (50') minutes Thirty (30')seconds East, a distance of One Hundred Fifty (150') feet to an iron pin on the westerly line of Enola Road (U.S. RT.. 11 & 15); thence along said Enola Road, South Five (5°) degrees Nine (9') minutes Thirty (30") seconds West, a distance of Sixty (60') feet to an iron pin, THE PLACE OF BEGINNING. THIS CONVEYANCE herein intended includes only the described land and any structure and improvements, if any, thereon, and does not include any easements over adjoining lands now or ate owned by the former grantors which may have arisen by common use of the subject premises with adjoining lands, by agreement or otherwise. BEING designated as Cumberland County Tax Parcel 09-14-0832-270. BEING the same premises which FREDERICK L. SULLENBERGER and KRISTIE L. SULLENBERGER, by deed dated June 10, 2010, and recorded June 22, 2010, in the Office of the Recorder of Deds of Cumberland County, Pennsylvania at Instrument No. 201016460, granted and conveyed unto FREDERICK L. SULLENBERGER. Tract No. 2 ALL THAT CERTAIN lot, parcel, piece of ground, situate in East Pennsboro Township, Cumberland County, Pennsylvania, bounded and described as follows, to wit: BEGINNING at a point where the line dividing Lot No. 38 on the South from Lot No. 39 on the North and being also the southerly line of land now or late of John Disney, meets the easterly line of Susquehanna Avenue, Fifty-five (55') feet wide, at the distance of One Hundred Fifty-four and One Hundred Eighty-five thousandths (154.185') of a foot measured South Five (5°) degrees Nine (9') minutes Thirty (30") seconds West along the said easterly line of Susquehanna Avenue, from a point at the southwesterly extremity of the arc or curve having a radius of Ten (10') feet which connect the said easterly line of Susquehanna Avenue with the southerly line of Dauphin Street, Fifty (50') feet wide; thence extending from said beginning point the following Four (4) courses and distances: [1] South Eighty-four (84°) degrees Fifty (50') minutes Thirty (30")seconds East along the line dividing Lot No. 38 on the South from Lot Nos, 39 and 40 on the North, being along the southerly line of said land now or late of John Disney and along the southerly lie of land now or late of G.E. Wingert, One Hundred Fifty (150') feet to a point in the westerly line of Lot No. 2, common to the northeasterly corner of Lot No, 38 and common to the southeasterly corner of Lot No. 40; [2] South Five (5°) degrees Nine (9') minutes Thirty (30") seconds West, along the line dividing Lot Nos. 38, 37, 36, 35, 34, 33 and 21 on the West, from Lot Nos. 2, 3, 4, 5, 6, and 7 on the East, being along the westerly line of land of other owners, along the westerly line of land now or late of George F. Ebner Jr, and along the westerly line of land now or late of Norman W. Ream, on a line parallel with the said easterly line of Susquehanna Avenue, Three Hundred Fifty (350') feet to a point common to the southeasterly corner of Lot No. 32 and common to the northeasterly corner of lot No. 31, being also the northeasterly corner of land now or late of Roy A. Fasik; [3] North Eighty-four (84°). degrees Fifty (50') minutes Thirty (30") seconds West, along the line dividing Lot No. 32 on the North from Lot No. 31 on the South, being along the northerly line of said land now or late of Roy Z. Fasik, One Hundred Fifty (150') feet to a point in the said easterly line of Susquehanna Avenue; and [4] North Five (5°) degrees Nine (9') minutes Thirty (30") seconds East, along the said easterly line of Susquehanna Avenue, Three Hundred Fifty (350') feet to the place of BEGINNING. CONTAINING 52,500 square feet, more or less. BEING part of Enola as laid out by the Enola Realty Company, as recorded in Plan Book 1 page 51, Cumberland County. BEING designated as Cumberland County Tax Parcel 09-14-0832-270A. BEING the same premises which FREDERICK L. SULLENBERGER and KRISTIE L. SULLENBERGER, by deed dated June 10, 2010, and recorded June 22, 2010, in the Office of the Recorder of Deds of Cumberland County, Pennsylvania at Instrument No. 201016459, granted and conveyed unto FREDERICK L. SULLENBERGER. SEIZED, TAKEN IN EXECUTION AND TO BE SOLD as the property of Frederick L. Sullenberger Defendant and Real Owner under Judgment No. 2011-7179, in the Court of Common Pleas of Cumberland County, Pennsylvania. NOTICE IS FURTHER GIVEN TO ALL PARTIES AND INTERESTED CLAIMANTS that a proposed schedule of distribution of the proceeds of the above sale will be filed by the Sheriff of Cumberland County, Pennsylvania on the 5th day of October, 2012, and distributions will be made in accordance with aid schedule unless exceptions are filed thereto within 10 days thereafter. Robert G. Radebach, Esquire Tract No. 1 ALL THAT CERTAIN lot, parcel, piece of ground, situate in East Pennsboro Township, Cumberland County, Pennsylvania, consisting of Lot No. 7, Tract 3 of Plan of Lots as recorded in Plan Book 1 page 51; as shown on the Plan of Lots of Enola, Tract 3, as prepared for Virginia and Bruce Shellenberger by Emerson E. Bornman Jr., P.L.S., dated June 29, 1985, bounded and described as follows, to wit: BEGINNING at an iron pin in the westerly line of Enola Road at the distance of Four Hundred Twenty (420') feet measured southwardly along said line of road from the southeasterly extremity of the arc/or curve, having a radius of Ten (10') feet, connecting the southerly line of Dauphin Street with the westerly line of Enola Road, said point also being at the dividing line between lands herein described ad lands now or late of Earl Scheib Paint Shops of Erie, Inc.; thence along said lands now or late of Earl Scheib Paint Shops of Erie Inc., North Eighty-four (84°) degrees fifty (50') minutes Thirty (30") seconds West, a distance of One Hundred Fifty (150) feet to an iron pin at line of property shown as Lot No. 32, Tract 4, (now or late of Carol Bucher); thence along said line of property of Lot Nos. 32 and 33, North Five (5°) degrees Nine (9') minutes Thirty (30") seconds East, a distance of Sixty (60') feet to an iron pin at line of Lot No. 6 (now or late of Rosemary Lattuca); thence ling said line of Lot No. 6, South Eighty-four (84°) degrees Fifty (50') minutes Thirty (30')seconds East, a distance of One Hundred Fifty (150') feet to an iron pin on the westerly line of Enola Road (U.S. RT.. 11 & 15); thence along said Enola Road, South Five (5°) degrees Nine (9') minutes Thirty (30") seconds West, a distance of Sixty (60') feet to an iron pin, THE PLACE OF BEGINNING. THIS CONVEYANCE herein intended includes only the described land and any structure and improvements, if any, thereon, and does not include any easements over adjoining lands now or ate owned by the former grantors which may have arisen by common use of the subject premises with adjoining lands, by agreement or otherwise. BEING designated as Cumberland County Tax Parcel 09-14-0832-270. BEING the same premises which FREDERICK L. SULLENBERGER and KRISTIE L. SULLENBERGER, by deed dated June 10, 2010, and recorded June 22, 2010, in the Office of the Recorder of Deds of Cumberland County, Pennsylvania at Instrument No. 201016460, granted and conveyed unto FREDERICK L. SULLENBERGER. Tract No. 2 ALL THAT CERTAIN lot, parcel, piece of ground, situate in East Pennsboro Township, Cumberland County, Pennsylvania, bounded and described as follows, to wit: BEGINNING at a point where the line dividing Lot No. 38 on the South from Lot No. 39 on the North and being also the southerly line of land now or late of John Disney, meets the easterly line of Susquehanna Avenue, Fifty-five (55') feet wide, at the distance of One Hundred Fifty-four and One Hundred Eighty-five thousandths (154.185') of a foot measured South Five (5°) degrees Nine (9') minutes Thirty (30") seconds West along the said easterly line of Susquehanna Avenue, from a point at the southwesterly extremity of the arc or curve having a radius of Ten (10') feet which connect the said easterly line of Susquehanna Avenue with the southerly line of Dauphin Street, Fifty (50') feet wide; thence extending from said beginning point the following Four (4) courses and distances: [1] South Eighty-four (84°) degrees Fifty (50') minutes Thirty (30")seconds East along the line dividing Lot No. 38 on the South from Lot Nos, 39 and 40 on the North, being along the southerly line of said land now or late of John Disney and along the southerly lie of land now or late of G. E. Wingert, One Hundred Fifty (150') feet to a point in the westerly line of Lot No. 2, common to the northeasterly corner of Lot No, 38 and common to the southeasterly corner of Lot No. 40; [2] South Five (5°) degrees Nine (9') minutes Thirty (30") seconds West, along the line dividing Lot Nos. 38, 37, 36, 35, 34, 33 and 21 on the West, from Lot Nos. 2, 3, 4, 5, 6, and 7 on the East, being along the westerly line of land of other owners, along the westerly line of land now or late of George F. Ebner Jr, and along the westerly line of land now or late of Norman W. Ream, on a line parallel with the said easterly line of Susquehanna Avenue, Three Hundred Fifty (350') feet to a point common to the southeasterly corner of Lot No. 32 and common to the northeasterly corner of lot No. 31, being also the northeasterly corner of land now or late of Roy A. Fasik; [3] North Eighty-four (84°). degrees Fifty (50') minutes Thirty (30") seconds West, along the line dividing Lot No. 32 on the North from Lot No. 31 on the South, being along the northerly line of said land now or late of Roy Z. Fasik, One Hundred Fifty (150') feet to a point in the said easterly line of Susquehanna Avenue; and [4] North Five (5°) degrees Nine (9') minutes Thirty (30") seconds East, along the said easterly line of Susquehanna Avenue, Three Hundred Fifty (350') feet to the place of BEGINNING. CONTAINING 52,500 square feet, more or less. BEING part of Enola as laid out by the Enola Realty Company, as recorded in Plan Book 1 page 51, Cumberland County. BEING designated as Cumberland County Tax Parcel 09-14-0832-270A. BEING the same premises which FREDERICK L. SULLENBERGER and KRISTIE L. SULLENBERGER, by deed dated June 10, 2010, and recorded June 22, 2010, in the Office of the Recorder of Deds of Cumberland County, Pennsylvania at Instrument No. 201016459, granted and conveyed unto FREDERICK L. SULLENBERGER. SEIZED, TAKEN IN EXECUTION AND TO BE SOLD as the property of Frederick L. Sullenberger Defendant and Real Owner under Judgment No. 2011-7179, in the Court of Common Pleas of Cumberland County, Pennsylvania. NOTICE IS FURTHER GIVEN TO ALL PARTIES AND INTERESTED CLAIMANTS that a proposed schedule of distribution of the proceeds of the above sale will be filed by the Sheriff of Cumberland County, Pennsylvania on the 5th day of October, 2012, and distributions will be made in accordance with aid schedule unless exceptions are filed thereto within 10 days thereafter. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO. 11-7179 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due HALIFAX NATIONAL BANK, Plaintiff (s) From FREDERICK L. SULLENBERGER (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to 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: $133,437.51 L.L.: $.50 Interest to 9/5/12 -- $6,975.71 Atty's Comm: % Due Prothy: $2.25 Atty Paid: $58.50 Other Costs: Plaintiff Paid: Date: 5/10/12 D+.uell, Protho ota (Seal) B AAMq Ml- - Deputy REQUESTING PARTY: Name: ROBERT G. RADEBACH, ESQUIRE Address: 912 NORTH RIVER ROAD HALIFAX, PA 17032 Attorney for: PLAINTIFF Telephone: 717-896-2666 Supreme Court ID No. 19255 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION HALIFAX NATIONAL BANK, Plaintiff :CIVIL ACTION- LAW Vs. ~-~ ,.. , + NO 2011-7179 ~; ~ ,_ ~ ~~~ FREDERICK L. . SULLENBERGER ~~` . `~ • _ '~~~ ?' -_. Defendant and Real Owner ~~~ ~ =' , ~ ~ ~;~' . ~~ ]w ~. r- ~ ` ° ' CERTIFICATE OF SERVICE ~= ~ N ~._ _ 3; I, Robert G. Radebach, Attorney for Plaintiff, do hereby certify that I made service of the attached Notice Pursuant to Section 7425( c) of the United States Internal Revenue Code, Exhibit "A", upon the Internal Revenue Service, Technical Services Advisory Group Manager, Advisory Unit, 600 Arch Street, Room 3259, Philadelphia, Pennsylvania 19106, on November 3, 2012. Attached hereto as Exhibit "B" and made a part hereof are the United States Postal Service Domestic Return Receipt and Receipt for Certified Mail I verify that the statements made in this Certificate al~frue end correct. I understand that false statements herein are made subj ct to the.~n~ltfes of:~8 Pa. C.S.A. §4904 relating to unsworn falsification to authoritie ~~/ Dated: November 3, 2012 ~ / - ' -` obert G. Radebach, Esquire Attorney for Plaintiff ROBERT G. RADEBACH ATTORNEY-AT-LAW 912 North River Road, Halifax, PA 17032 (717} 896-2666 Fax (717} 896-2754 E-Mail: RobRadebachAtty~aol com November 3, 2012 Internal Revenue Service Attn: Collection Advisory Group Manager Advisory Unit 600 Arch Street, Room 3259 Philadelphia, PA 19106 ;~~~,,:=;,pert. ,.;.,,~ , ~3rc~tp ;. . _ i~ ' ~ .. _ ~ e:w.~:e~ Re: Notice Pursuant to Section 7425(e) of the Internal Revenue Code Halifax National Bank. vs. Frederick L. Sullenberger CP Cumberland County, Pennsylvania Civil Action No. 2011-7179 Sheriffs Sale of Valuable Real Property Scheduled for December 5, 2012 Dear Sir or Madam: Notice is hereby given pursuant to Section 7425©} of the Internal Revenue Code with respect to the scheduled Sheriffs Sale of real estate situate at 167 Enola Road, Enola, East Pennsboro Township, Cumberland County, Pennsylvania 17025 Parcels No. 09-14-0832-270 and09-14-0832-270A, as follows: 1. The name and address of the person giving the Natice is: Robert G. Radebach, Esquire 912 North River Road, Halifax, PA 17032 (717) 896-2666 robradebacha#ty@aol.com Attorney for Halifax National Bank 2. The Sheriffs Sale is being held pursuant to a judgment entered to No. 2011- 7179 in the Court of Common Pleas of Cumberland County, Pennsylvania. The Note upon which the judgment was entered was filed on September 15, 2011. 3. The United States government has recorded a federal tax lien against the Defendant in the Court of Common Pleas of Cumberland County, Pennsylvania on August 15, 2012 to 2012-05060 FTL FOR $81,689.46 A copy of Form 668 affecting the property to be sold is attached hereto. 4. The property to be sold is commonly known and numbered as,~ ~{ 67 Enola J ~~- Page 2 November 3, 2012 Road„ East Pennsboro Township, Enola, Cumberland County, Pennsylvania 17025, Parcels No. Na. 09-14-0832-270 and09-14-0832-270A, (the "Real Property"). The Real Property is more particularly described in a Deed recorded in the Office of the Recorder of Deeds in and far Cumberland County, Pennsylvania at Instruments No. 2010016460 and 201016459, dated June 10, 2010, recorded June 22, 2010. (See abstract copy included herewith.} 5. The Real Property will be exposed to sale on Wednesday December 5, 2012 at 10:00 a.m., local prevailing time, at the Cumberland County Courthouse, Courthouse Square, Carlisle, Pennsylvania 17013 6. A copy of the Notice of Sheriff s Sale required by the Pennsylvania Rules of Civil Procedure is included herewith. 7. A full legal description of the property is included with and attached to the Notice of Sherif s Sale referred to in paragraph 6 above. 8. An abstract of title is attached hereto. 9. The approximate amount of debt, interest and costs are as follows: Principal Due $133,437.51 Interest to September 5, 2012 $ 6.975.71 $140,413.22 Pius interest after September 5, 2012, and continuing after entry of judgment at six per cent (6%) per annum ($21.93 per diem), actual and additional attorney's fees incurred, additional late fees after September 5, 2012, at the contract rate, costs of suit and all other amounts, fees and costs incurred to maintain and preserve Plaintiffs collateral and inciden~ecution and levy Please do no esitate to coryfact this office should you have any questions regarding this matter ~ Ana ditional py of this Notice is enclosed. Please acknowledge receipt of the sa and eturn i o me in the enclosed self-addressed, stamped envelope. If you have an que ionspt` comments, please feel free to contact me. u rs, Radebach Department of the Treasury ~~ Internal Revenue Service fotlln 668 i(Y)(c) i~lOtice ~ Federal Tax Lien (Rev. February 20041 Area: Serial !Number For Optional Use by Recordin office SMALL B 8INE55/SELF EMPLOYED AREA #2 Lien Unit Or1e: (800) 829-3903 886545412 ~ ~~ ' SD1o0 /~ Asp by section 6321, 6322, and 6323 of the Internal Revenge Code, are gh-ing a notke that taxes (incNtding interest and penaltks) f have assessed agah,et the foliotiv)np-earned t~ugs>s~-er. We have made a for payment of thEs dablHty, but h t+emshars unpaid. Therefore, - ~ ~ : ; there is lien in favor of the tlnlted States on a8 property and rights to ~_- ~, ~ -J ~= p befogging to this taxpayer for the amouet of these taxes, and ~ _" ~ addi panaides, interest, and costs that may acave. ~~ ~ Name of axpayer FREDERICK SIII,L$NBERGER ~~ ~ ' T T' D t-: ~ - Residence~ 24 LANCASTER AVE x c ? ~' as ' ENOLA, PA 17025-2008 :~. __; - .. -- [MPO ANT RELEASE INFORlNAT10N; For each assessment listed below, unless lice of the flan is raffled by the date given in column le), this notice shall, ~/ ~ p~(< L%- ~ on the ey following such date, operate as a certificate of release as defined / ' in IRC 325{a). ~ a 7~ 35~ Tax Period Date of Last for Unpaid ce Kind of En~ng Identitlring Number Asset g of nt a , b c d e) 1040; 12/31/2007 XXX-XX-6046 12/13/2010 01/12/2021 260 83.01 1040 12/31/2008 XXX-XX-6046 11/07/2011 12/07,/2021 556 i 06.45 Place of Fi ing Prothonotary Cumberland County Total $ 816 9.46 Carlisle, PA 17013 This notice was prepared and signed at DETROIT, MI _ , on this, the 7th day of August 2012 Signature i'"~~1 AtCS C~~ SBSS 22-0 -0001 for P. BECTON (800) 829-3903 (Nt>-T~: Certificate of officer authorized by law to take acknowledgment is not essential to the veUdity of Notice of Federal Ta~ lien Rev. Rul. 71-466, 1971 - 2 C.B. 4091 Part 1 ~ Kpt 8y R~corAUrs OfMta Form 668(Yj(c) fRev~ 2-20041 CAT. NO ~0025X ROBERT G. RADEBACH ATTORNEY-AT-LAW 912 North River Road Halifax, PA 17032 (717) 896-2666 Fax 896-2754 October 2, 2012 Mr. Rob Garst HALIFAX NATIONAL BANK Marysville, PA RE: Frederick L. Sullenberger 163 and 161 Enola Road, Enola, PA 17025 Tax Parcel No. 09-17-0832-270 & 09-14-0832-270A Dear Mr. Garst: We have now completed the title abstract for the property owned by Frederick L. Sullenberger. The premises in question are known and numbered as 163 and 161 Enola Road, Enola, PA 17025 and are designated as Cumberland County Tax Mapping Parcel 09-17-0832- 270 & 09-14-0832-270A. There are delinquent taxes for these properties for 2011. I suspect that the 2012 taxes are not paid. The payoffs as of October 31, 2012, are $826.08 and $1,714.91. respectively. The present deed for the property is recorded in Cumberland County Instruments Nos. 201016459 and 2010160, with the grantee therein listed as: Frederick L. Sullenberger. Copies attached. Our search covers the period of time from March 21, 2006, through October 1, 2012. There is a first mortgage in favor of Halifax National Bank in the amount of $285,000.00, dated March 21, 2006, and recorded March 22, 2006, in the Office of the Recorder of Deeds of Cumberland County, Pennsylvania at Mortgage Book 1944, Page 882, this obligation is also secured by an Assignment of Rents dated March 21, 2006, and recorded March 22, 2006, in the Office of the Recorder of Deeds of Cumberland County, Pennsylvania at Miscellaneous Book 725, Page 3413. There is a second mortgage in favor of Halifax National Bank in the amount of $57,085.00, dated March 21, 2007, and recorded March 23, 2007, in the Office of the Recorder of Deeds of Cumberland County, Pennsylvania at Mortgage Book 1986, Page 410. There is a third mortgage in favor of Halifax National Bank in the amount of $207,000.00, dated June 10, 2010, and recorded June 22, 2010, in the Office of the Recorder of Deeds of Cumberland County, Pennsylvania at Instrument No. 201061461. There is a Judgment filed against Frederick L. Sullenberger, by Halifax National Bank on September ' 15, 2011, in the amount of 133,437.51 and filed to No. 2011-7179, in the Court of Common Pleas of Cumberland County, Pennsylvania. There is a Judgment filed against Frederick L. Sullenberger, by Turo Law Offices, on December 13, 2011, in the amount of $1,230.00, and filed to No. 2011-9223, in the Court of Common Pleas of Cumberland County, Pennsylvania. There is a Federal Tax Lien Filed against Frederick L. Sullenberger on August 15, 2012, in the face amount of $81,689.46 and filed to No. 2012-05060 in the Court of Common Pleas of Cumberland County, Pennsylvania. Mr. Rob Garst October 2, 2012 Page 2 I checked the Pennsylvania Child Support Lien Website and found no records pertaining to the record ow ecked the record owners for any listing on the American Land Title Associatio ebsite to termine whether the owners are "Specially Designated Nationals" under tl~e, visions a regulations of the Patriot Act and found no listings. re are other liens filed of record against the subject premises through the date of thi r ort. ~, truly yours, G. Radebach U. S. p~.STI~L, .~E'RVICE' CERTIFICATE OF MAILING I MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOES NOT PROVIDE FOR INSURANCE-POSTMASTER. Received Firom: ROBERT G RADEBACH, ESQUIRE ',, 912 North River Road, Halifax, PA 17032 One piece of ordinary mail addressed to: ~~ Internal Revenue Service I, Attn: Collection Advisory Group Manager Advisory lJnit 600 Arch Strect, Room 3259 Philadelphia, PA 19106 PS Form 3817, Mar. 1989 p I ~ C o= C o O r m N~ O ~j m H ~~~~, p~ i 1~ O ~ . °w=ltn ~ o ~r~. c m z• ~~° °~ Cl^F' .. v i ~ D I m a ~ ~ _n ~'H~~.A t 1. _ C] . _ ------- T ~ Postage Certified Fecr ~ ~~~, ° ' " _ ^~f` 'V r^ ~ `b Postma ~' ~ Return Receipf Fef* (Endorsement Required) $~ , ciC ; -.~'~ Here ~~: ~~'~ Q" Restricted Delivery Fee i ~~ i,~ y $I!, Y ~' ` f''~~ ~ frl (EndorsementRequlredl ~,~~ C7 Lfl Total Postage & Fees ~ ~ Q~ l . i_il i t 'y ~ J l3t',Ltli ~ ~~ , ~ ' r- ~nr C ~R~ ~ v s ~ 1l~T Cj y'UN t - or PO Box No. q -/_-' _ s __ (O-OU/~2CI~ SHEET _[~~ll/.~ 1_~ _- _P~ lp! ~~ - ~ ~Clty, §rare, ziP~a ~ , _ . - ~ e IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION HALIFAX NATIONAL BANK, Plaintiff :CIVIL ACTION- LAW Vs. FREDERICK L. SULLENBERGER Defendant and Real Owner ~~ ~~ NO. 2011-7179 ~,,=' ry . ~ ...~„ x~' ~_~ r`.. i AFFIDAVIT OF SERVICE OF NOTICE OF SHERIFF'S SALE COMMONWEALTH OF PENNSYLVANIA COUNTY OF DAUPHIN ~.~ .,., r7 <-' r -~ rJ t~ ~~.,, ;_ , _, _,, ,~, ~; ~_ _..: -,, a~,- ~l f,.. i I, Robert G. Radebach, Esquire, being duly sworn according to law depose and say that I am the attorney for Halifax National Bank, Plaintiff, in the action above captioned, and that I, as attorney for the Plaintiff in the action above captioned, did serve notice of the Sheriffs Sale in the matter above noted by Certified Mail on May 17, 2012, upon: Frederick L. Sullenberger 167 Enola Road P.O. Box, 97 Enola, PA 17025 and that on May 17, 2012, I did serve by regular mail with proof of mailing hereto attached as follows: Frederick L. Sullenberger 167 Enola Road P.O. Box 97 Enola, PA 17025 Pennsylvania Department of Revenue Office of Chief Counsel P.O. Box 281061 Harrisburg, PA 17128 Pennsylvania Department of Welfare P.O. Box 8016 Harrisburg, PA 17105 Pennsylvania Department of Welfare P.O. Box 8016 Harrisburg, PA 17105 Pennsylvania Department of Welfare TPL Casualty Unit Estate Recovery Program P.O. Box 8486 Harrisburg, PA 17105-8486 Bureau of Compliance - Pa. Dept of Revenue P.O. Box 281230 Harrisburg, PA 17128 Domestic Relation Office -Cumberland County, PA 14 North Hanover Street P.O. Box 320 Carlisle, PA 17013 Internal Revenue Service Technical Support Group William Green Federal Building Room 3259, 600 Arch Street Philadelphia, PA 19106 Turo Law Offices 129 South Pitt Street Carlisle, PA 17013 I verify that the statements made in thi Affi vita ru and correct to the best of my personal knowledge, information and elie . I u erst d that false statements herein are made subject to the penalties of 18 a~. . § 0~ relating to unsworn falsification to authorities. j,/ ` / ~ i ~/ Date: June 15, 2012 Robert G. Radebach, Esquire 912 North River Road Halifax, PA 17032 Attorney for Plaintiff i T~PS.com®-Track & Confirm Customer Service USPS Mobile English ~~~~.~ Shlp a Package Send Mail Manage Ynur Mail quirk Tools Track & Confirm AIL UPUAT ES Page 1 of 1 Register I Sign In Sears USPS ~; ~ ~~ 'r Tract Packages Shop <;,i~inessSolutions GET EM STATUS OF YOUR ITEM GATE 8 THE LOCATION FFAT URES SERVICE va~R LAae,L NUMaeR May 18, 2012, 9:39 am ENOLA, PA 17025 Ex clad Delvery By: pe Notice Left 7Ufl5039~i0006U9649246 First-Class Mail May 18, 2012 ~ Certified Maih Return Receipt Electronic Processed at USPS May 18, 2012, 12:02 am HARRISBURG, PA 17107 Origin Sort Facility Dispatched to Sort May 17, 2012, 4:35 pm HALIFAX, PA 17032 Facility 12:19 Pm 2012 17 Ma HALIFAX, PA 17032 Acre lance P , , y Check on Another item What's your label (or receipt) number? OTHER USPS SITES ON ABOUT.USPS.COM LEGAL ON USPS.COM E nes~ ti ,.t ,Ir=~a~; , t U6P8 Horne CuaemmeriLServtces. xut a. In ..- Prlv'Irv ('niicv ~ q_ii Stamps & Snap ~ C P \'S~UOIIt I ~rt,;r r ~^ ir r 5 si Us+~- Prnt a label with Postage , t1a Server Upda.'s ,~, I` , FOf<~ ~ forms & Pu Ilic itiul~ "a ~ FEAR:;:- t ` , Ualr ~ Customer Service ~ 'areers $de lndex~ x rq .t%t _,)~~ USFS. Ru Rights Reserved ~ ~.~ ~- ~ , l It ~ ~t,J Q-• /• • • ~ ~- • ~ •• S Q•' Q _"'~ ~ Postage $ O Certified Fee ~ r O`~ ~ Return Receipt Fee ~ - R PP~st~rk (Endorsement Required) ~~`~ ! Here / O ~"' Restricted Delivery Fee (Tt (Endorsement Reruired) O GGJ ~ Total Postage & Fees ,~ ~, USQ O ~ ant TO , 3`{reef, Apt No.; - + ,r [ /~ j'~ ~j[ ~J~j ~ p\ ~( ('~ ~'] or PO Box No. ~.~~_-Zf'10~Q_•~"=-'~-•~--p-"-t--- vl-~-"1 _! City, Sfate, ZIP+ , a t ~ o 1,+~~~•i~~~~i~ 1,cts_com/~o/TrackConfirmAction_input?qtc_tLabels1=7005039000060964924... 6/4/2012 Internal Revenue Service Technical Support Group William Green Federal Building Room 3259, 600 Arch Street Philadelphia, PA 19106 U.S. POSTAGE U. S. POSTAL SERVICE CERTIFICATE OF MAILING -~ PA I D Div 1-10 i GAu MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOES NOT , !?032 PROVIDE FOR INSURANCE-POSTMASTER. MAY 17.'12 FtM!]UnT Received From: ~a~isn sinies ROBERT G. RADEBACH, Esquire p057At SERVICE 912 North River Road t Halifax, PA 17032 ! ~ ~ ~ ~ 00036099-03 One piece of ordinary mail addressed to: Frederick L. Sullenberger 167 Enola Road, P.O. Box 97 Enola, PA 17025 PS Form 3817. Mar. 1989 U. S. POSTAL SERVICE CERTIFICATE OF MAILWG MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL. DOES NOT PROVIDE FOR INSURANCE-POSTMASTER. Received From. ROBERT G. RADEBACH, Esquire 912 North River Road Halifax, PA 17032 One piece of ordinary mail addressed to: Cumberiand County Tax Claim Bureau 1 Courthouse Square Room 106 -Old Courthouse Cadisle, PA 17013 PS Form 3817. Mar. 1989 Affix fee here in stamps or meter postage and post mark. Inquire of Postmaster for current fee. ~~ VN!TED STdTES POSTA[. SERWCE U.S. POSTAGE PAID uoi TCciu,Du 1?032 MAY 17.'12 AMOUNT ~ > > r_ ~l,l~ 00036044-03 ___ tooo Affix fee here in stamps U. S. POSTAL SERVICE CERTIFICATE OF MAILING MAY BE USED FOR DOMESTIC AND INTERNATIONAL. MAIL, DOES NOT or meter postage and PROVIDE FOR INSURANCE-POSTMASTER. pOSt mark. ~ngUlfe Of POStmaSter fOr Current Received From. fee ROBERT G. RADEBACH, Esquire . 912 North River Road Halifax, PA 17032 One piece of ordinary mail addressed to: Pennsylvania Department of Revenue Office of Chief Counsel P.O. Box 281061 Harrisburg, PA 17128 U.S. POSTAGE PS Form 3817. Mar. 1989 PAID I-IA~ T C AS1 . DA ~ !7032 MAY 17.'!2 UfI?TED STdTES AMOUN? --- ---- -------- POSTdC SERV/CE ~ 6 1000 p 049 03 U. S. POSTAL SERVICE CERTIFICATE OF MAILING MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOES NOT PROVIDE FOR INSURANCE-POSTMASTER. Received From. ROBERT G. RADEBACH, Esquire 912 North River Road Hahfaz, PA 17032 One piece of ordinary mail addressed to Pennsylvania Department of Welfare P.O. Box 8016 Harrisburg, PA 17105 PS Form 3817. Mar. 1989 Affix fee here in stamps or meter postage and post mark. Inquire of Postmaster for current fee. U.S. POSTHGE. --~ PRID upt TCOSl.PG ~ !7032 MAY 17.'12 cltyfTensrnres AMOUNT PUSTdt SERVICE C Iooo ~l.l~ 00036099-03 U. S. POSTAL SERVICE CERTIFICATE OF MAILING MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOES NOT PROVIDE FOR INSURANCE-POSTMASTER. Received From. ROBERT G. RADEBACH, Esquve 912 North River Road Hahfax. PA 17032 One piece of ordinary maB addressed to: Pennsylvania Department of Welfare TPL Casualty Unit Estate Recovery Program P.O. Box 8486 Harrisburg, PA 17105-8486 PS Forrn 3817. Mar. 1989 Affix fee here in stamps or meter postage and post mark. Inquire of Postmaster for current fee. ~~ 'd sFavcF V•S, up PR1 ~ ST RGE MRY 11 0~2 . pp RMOUtJT ~ 2 ~ 000 ~ 1 ' C °~sol~ AffIX fee here Irl Stal U. S. POSTAL SERVICE CERTIFICATE OF MAILING or meter postage aI MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOES NOT PROVIDE FOR INSURANCE-POSTMASTER. pOSt mark. ~r1GUlre Postmaster for curr Received From: fee ROBERT G. RADEBACH, Esquire . 912 North River Road Hahfax. PA 17032 One piece of ordinary mail addressed to Halifax National Bank P.O. Box A Halifax, PA 17032X PS Form 3817, Mar. 1989 ~~ VNIFEO STATES PUSTtI~ SERVICE 1000 U.S. POSTAGE PAiD uA1 iGpu op 1?0?2' MAY 17.'12 ++AMOUNT 0 0 6049 03 U. S. POSTAL SERVICE CERTIFICATE OF MAILING MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL. DOES NOT PROVIDE FOR INSURANCE-POSTMASTER. Received From: ROBERT G. RADEBACH. Esquire 912 North River Road Halifax. 1'A 17032 One piece of ordinary mail addressed to Bureau of Compliance - Pa. Dept of Revenue P.O. Box 281230 Harrisburg, PA 17128 PS Form 3819. Mar. 1989 Affix fee here in stamps or meter postage and post mark. Inquire of Postmaster for current fee. VNlTEp STi~TES >'dST4t- F looo ~•S. POSTAGE 4tlIPR~~u Pp MAY i 7, Z12 AMOOHr rh 1 f G o~aso j'7 U. S. POSTAL SERVICE CERTIFICATE OF MAILING MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOES NOT PROVIDE FOR INSURANCE-POSTMASTER. Received From: ROBERT G. RADEBACH. Esquire 912 North River Road Halifax, PA 17032 One piece of ordinary mail addressed to: Domestic Relation Office -Cumberland County, PA 14 North Hanover Street P.O. Box 320 Carlisle, PA 17013 PS Form 3817, Mar. 1989 Affix fee here in stamps or meter postage and post mark. Inquire of Postmaster for current fee. U.S. POSTAGE PAID ~~ uni IGUU,Pa !7032 MAY (7.'12 uxnsosreres AMOUNT rrosre~ ssavrrE ~~ ~C looo ~l.l~ 00036094-03 AffiX fee here In Stamps U. 5. POSTAL SERVICE CERTIFICATE OF MAILING Or meter pOSta9e and MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL. DOES NOT PROVIDE FOR INSURANCE-POSTMASTER. pOSt mark. ~nC~Ulre Of Postmaster for current Received Fmm fee. ROBERT G. RADEBACH, Esquve 912 North River Road Halifax, PA 17032 One piece of ordinary mail addressed to: Internal Revenue Service Technical Support Group William Green Federal Building Room 3259, 600 Arch Street U. S. POSTAGE Philadelphia, PA 19106 ~ -~+ PAID ~ uo~rcpu AG PS Form 3s 17. Mar. 1989 ~ erNIrEOSreres MAY t 173212 ~ POSTi3L SERVICE artounrr ~ o00 ~ 1.1 ~ 000360gq-03 U. S. POSTAL SERVICE CERTIFICATE OF MAILING MAY BE USED FOR DOMESTIC ANU INTERNATIONAL MAIL, DOES NOT PROVIDE FOR INSURANCE-POSTMASTER. Received From: ROBERT' G. RADEBACH. Esquve 912 North River Road Halifax. PA 17032 One piece of ordinary mail addressed tc Turo Law Offices 129 South Pitl Street Carlisle, PA 17013 PS Form 3817. Mar. 1989 Affix fee here in stamps or meter postage and post mark. Inquire of Postmaster for current fee. ~ U. S. POSTAGE P AF ~ UOl T 051 Pu t ? crn+rspsr~rEs MAY 173 12 aosrnissavi~E AMOUNT loon ~l t~ . 00036094-03