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Home My WebLink About13-3147 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA RIVERVIEW BANK, f /k /a HALIFAX NATIONAL BANK, a : Division of RIVERVIEW NATIONAL BANK, CIVIL ACTION - LAW Plaintiff • V. NO. 13 , FREDERICK L. SULLENBERGER, & Defendant CONFESSION OF JUDGMENT Pursuant to the authority contained in the warrant of attorney, a copy of which is attached to the Complaint filed in this action, I appear for the Defendant and confess judgment in favor of the Plaintiff and against the Defendant as follows: Unpaid balance of instrument $ 207,484.37 Attorney's Collection Fee $ 10,374.22 TOTAL [J217,858.59. Ro ert G. Radebach, Esquire 912 North River Road Halifax, PA 17032 (717) 896 -2666 I . D.# 19255 Judgment Entered as Above rn �r :; -M hi__ �/ f Zg CD-'Ti Prothonotary o; e 1326,r z. q/29 0 xlohi e A�x/ew IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA RIVERVIEW BANK, f /k/a HALIFAX NATIONAL BANK, Q Plaintiff vs FREDERICK L. SULLENBERGER c: - c — � Defendant Z Q ou CD c') ,w b c: NOTICE TO DEFEND cr, YOU HAVE BEEN SUED IN COURT. IF YOU WISH TO DEFEND AGAINST THE CLAIMS SET FORTH IN THE FOLLOWING PAGES, YOU MUST TAKE ACTION WITHIN TWENTY (20) DAYS AFTER THIS COMPLAINT AND NOTICE ARE SERVED, BY ENTERING A WRITTEN APPEARANCE PERSONALLY OR BY AN ATTORNEY AND FILING IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. YOU ARE WARNED THAT IF YOU FAIL TO DO SO THE.CASE MAY PROCEED WITHOUT YOU AND A JUDGMENT MAY BE ENTERED AGAINST YOU BY THE COURT WITHOUT FURTHER NOTICE FOR ANY MONEY CLAIMED IN THE COMPLAINT OR FOR ANY OTHER CLAIM OR RELIEF REQUESTED BY THE PLAINTIFF. YOU MAY LOSE MONEY OR PROPERTY OR OTHER RIGHTS IMPORTANT TO YOU. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH 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 REDUECED FEE OR NO FEE. CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 1- 800 - 990 -9108 717 -249 -3166 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA RIVERVIEW BANK, f /k /a HALIFAX NATIONAL BANK, a Division of RIVERVIEW NATIONAL BANK, CIVIL ACTION - LAW Plaintiff V. NO. /3 N7 FREDERICK L. SULLENBERGER, Defendant COMPLAINT FOR CONFESSION OF JUDGMENT PA R.C.P. 2950 et seq. 1. The Plaintiff, RIVERVIEW BANK, f /k/a HALIFAX NATIONAL BANK, a Division of Riverview National Bank, is a banking corporation with offices located at 200 Front Street, Marysville, Perry County, Pennsylvania. 2. The Defendant, FREDERICK L. SULLENBERGER, is an adult individual residing at 24 Lancaster Avenue, ENOLA, Cumberland County, Pennsylvania. 3. A promissory note from FREDERICK L. SULLENBERGER to HALIFAX NATIONAL BANK, a Division of Riverview National Bank, for $207,000.00, dated June 10, 2010, was executed by the Defendant and delivered to the Plaintiff with a true and correct copy of the same being attached hereto as Exhibit "A ", which is hereby made a part hereof. 4. The said promissory note contains a Warrant of Attorney authorizing confession of Judgment and Defendant executed contemporaneously therewith a Disclosure for Confession of Judgment, a copy of which is attached hereto as Exhibit "B ", which is hereby made a part hereof 4. Judgment is not being entered by confession against a natural person in connection with a consumer credit transaction as defined by PA R. C. P. 2950, since the underlying obligation was for a commercial business owned by Defendant, FREDERICK L. SULLENBERGER, as set forth on a Business Purpose Affidavit dated June 10, 2010, a true and correct copy of the same being attached hereto as Exhibit "C ", which is hereby made a part hereof. 5. The aforesaid Note has not been assigned to any other party by Plaintiff. 6. Judgment on the aforesaid Promissory Note is not being entered in any other jurisdiction. 7. That the entry of judgment is not conditional upon default or the occurrence of a condition precedent. 8. The Defendant failed to pay the balance of said note together with interest thereon as requested by the Plaintiff. 9. The Defendants are liable to the Plaintiff as follows: Unpaid balance of instrument $207,484.37 Attorney's Collection Fee $ 10,374.22 TOTAL $217,858.59 WHEREFORE, Plaintiff requests the entry of the judgment in favor of the Plaintiff and against the Defendants in the sum of $217,858.59 as authorized by the warrant appearing in the attached demand judgment note: Robert G. Radebach, Esquire 912 North River Road Halifax, PA 17032 (717) 896 -2666 I.D.# 19255 PROMISSORY NOTE 1�1Natuhii _ - ---- -_ .t .,. r:.:�....�, - .�.. •u. :..ifs;: � _ ?� `" �.�..._. "W•' 2. Ili -�ti'0 • �6 -:'I 015'. _�' `22858 =•�. = -�: -- F.._:_ '`� , .:_x � s:. i t_r. ' •f�' __ -. •v+� _ �::r<'!`+5�.;_:a •�: r. �._,_. References In the boxes above are for Lender's use only. nd da not limit the appllcabllity of Ihla document to any particular ban or ltsm. An Item above contelnln •�" has been amlUed due to toxt ten limitations. Borrower. Frederick L Sullenbarger Lender. Halifax National Bank P.O. Box 97 a division of Riverview National Bunk Enala, PA 17025 Third and Market Streets Po Box A Halifax, PA 17032 (717) 896 -3433 Principal Amount: $207,000.00 Date of Note: June 10, 2010 Maturity Dale: June 10, 2015 PROMISE TO PAY. Frederick L 6uilenberger ("Barmwer") promises to pay to Halifax National Bank ("Lender") or order, in lawful money of tho United Stales of America, the principal amount of Two Hundred Seven Thousand & 001100 Dollars ($207,000.00), together with interest on the unpaid principal balance from June 10, 2010, until paid in full. PAYMENT. Borrower will pay this loan In accordance with the fallowing payment schedule, which calculates Interest an the unpaid principal balances as described In the "INTEREST CALCULATION METHOD" paragraph using the Interest rates described In this paragraph: 59 monthly consecutive principal and internal payments of $1,573.19 each, beginning July 10, 2010, with Interest colculatad on the unpaid principal balances using an Interest rain of 7.750% per annum based on a year of 360 days; and one principal and Interest payment of 5192,696.28 on June 10, 2015, with Interest calculated on the unpaid principal balances using an interest rate of 7.750% par annum bncod an a year of 360 days. This estimated final payment Is based an the assumption that all payments will be made exactly as scheduled; the actual final payment will be for ag principal and accrued Interest not yet paid, together with any other unpaid amounts under this Nato. Unless otherwise agreed or required by applicable taw, payments will be applied first to any accrued unpaid Interest; then to principal; then to any late charges; and then to any unpaid collection costs. Harrower will pay Lander at Lenderb address shown above ar at such other place as Lander may dealgnato In writing. INTEREST CALCULATION METHOD. Interest on this Note Is computed an o 3651360 basis; that Is, by applying the rate of the lntem%t rate over a year of 360 days, muWpfied by the outstanding principal balance, multiplied by the actual number of days the principal balance Is outstanding, All interest payable under this NOW Is computed using this method. PREPAYMENT PENALTY. Borrower agrees that all loan fees and other prepaid finance charges are earned fully as of the date of the ban and will not be subject to refund upon early payment (whether voluntary or as a result of default), except as otherwise required by law. . Upon prepayment of this Nato, Lender 15 entitled to the fallowing prepayment penalty: In the first year there will be a 5% penalty, in the second your them will he a 4 penalty, In the third year them will he a 3% ponalty, in the fourth year there will be a 2% penalty and in the fifth year there will be a 2% penalty. Nothwithatanding the above Borrower may repay the loan without penalty from Internally generated funds. Except for the foregoing, Borrower may pay all or a portion of the amount awed earlier than it is due, Early payments will noL unless agreed to by Lender in writing, relleve Borrower or Borrowers obligation to continue to make payments under the payment schedule. Rather, early payments will reduce the principal balance due and may result In Borrowers making fewer payments. Borrower agrees not to send Lender payments marked 'paid In fug ", "without recourse•, or similar language. If Borrower stands such a payment, Lender may accept it without losing any or Lender's rights under this Note, and Sommer will remain obligated to pay any further amount owed to Lender. All written communlcallons concerning dispulad amounts, including any check or other payment Instrument that indicates that the payment constitutes 'payment in full" of the amount owed or that Is tendered with other conditions or Ilmllations or a9 full satisfaction of a disputed amount must be mailed or delivered to: First National Bunk of Marysville A Division of Riverview National Bank, 1 Centre Square, P.O. Box H Marysville, PA 17053. LATE CHARGE If a payment Is 15 days or more late, Sommer will be charged 10.000% of the regularly scheduled payment or $50.00, whichever Is greater. INTEREST AFTER DEFAULT. Upon default, including failure to pay upon final maturity, the Interest rate an Oft Note shag be kncressod by adding an additional 5.000 percentage point margin ('Default Rale Margin "). The Default Rata Margin shag also apply to each succeeding Interest rate change that would have applied had them been no default After maturity, or alter this Nate would have matured had there been no default, the Default Rate Margin wig cahgnua to apply to the Mal Interest rate described M thin Nate. If judgment Is entered In connection with this Note, Interest will continue to emus after the date of Judgment at the rata In effect at the time judgment Is entered. However, In no event will the Interest rate exceed the maximum Interest rate limitations under applicable law. DEFAULT. Each of the following shall conalltule an event of default ('Event of Defoull') under this Note: Payment Default. Borrower falls to make any payment when due under this Nato. Other Defaults. Borrower fags to comply with or to perform any other tone, obligation, covenant or condition contained In this Note or In any of the related documents or to comply with or to perform any term, obligation, covenant or condition contained In arty other agreement between Lender and Borrower. Default In Favor of Third Parties, Borrower or any Grantor defaults under any loan, extension of credit, security agreement, purchase or sales agreement, or any other agreement, In favor or any other creditor or person that may materially affect any of Borrower's property or Borrowers shifty to repay this Note or perform Borowees obligations under this Note or any or the related documents. False Statements. Any warranty, representation or Statement made or furnished to Lender by Borrower or on Borrowers behalr under this Nola or the related documents Is false or misleading in any material respect, either now or at the time made or furnished or becomes false or misleading at Any time thereafter. Death or Insolvency. The death of Borrower or the dissolution or termination of Borrowers existence as a going business, the Insolvency of Borrower, the appointment of a receiver for any pan of Borrowers property, any assignment for the benefit of creditors, any type of creditor workout, or the commencement of any proceeding under any bankruptcy or Insolvency Iowa by or against Borrower. Creditor or Forrelture Praceadings. Commencement of foreclosure or forfeiture proceedings, whether by Judlelai proceeding, self-help. repossession or any other method, by any creditor of Borrower or by any governmental agency against any collateral securing the loan. This Includes a garnishment of any of Bartawer's Accounts, Including deposit accounts, with Lender. However. this Event of Default shag not apply If there Is a good faith dispute by Borrower as to the validity or reasonableness of the claim which Is the basis of the creditor or forfeiture proceeding and if Borrower gives Lender written notice of the creditor or forfeiture proceeding and deposits with Lender monles or a surety bond for the creditor or forfeiture proceeding, in an amount determined by Lender, In Its ado discretion, as being an adequate reserve or bond for the dispute. Events Affecting Guarantor. Arty of the preceding events occurs with inspect to any guarantor, endorser, surety, or accommodation party of any of the Indebtedness or any guarantor, endorser, surety, or accommodation party dles or becomes Incompetent or revokes or disputes the validity of, or liability under, any guaranty of the Indebtedness evidenced by this Note. Adverse Change. A material adverse change occurs In Borrower's financial condition, or Lender believes the prospect of payment or perfommonce of this Note is Impaired. Insecurity. Lender In good faith believes Itself insecure. LENDER'S RIGHTS. Upon detaulL Lender may, after giving such notices as required by applicable law, declare the entire unpaid principal balance under this Note and all accrued unpaid Interest Immediately due, and then Borrower will pay that amount. ATTORNEYS' FEES; EXPENSES. Lender may Mrs or pay someone else to help wiled this Nate If Sommer does Trot pay. Borrower will pay Lender that amount 'this includes, subject to any limits under applicable low, Lenders reasonable attameys' fees and Lenders legal expenses. whether or not them Is a lowsalt, including reasonable attameys' fees, expenses for bankruptcy proceedings (intruding efforts to modify or vacate any automatic stay or Injunction), and appeals. If not prohibited by applicable low, Borrower also will pay any court costs, In addition to ell other sums provided by law. JURY WAIVER. lender and Borrower hereby waive the right to any jury trial in any action, procaading, or counterclaim brought by either Lander or Borrower against the other. GOVERNING LAW. This Nato will be governed by federal law applicable to tender And, to the extent not preempted by federal law, the laws of the Commonwealth of Pennsylvania without regard to Its conflicts of law provisions. This Note has been accepted by Lander In the Commonwealth of Pennsylvania, PROMISSORY NOTE (Continued) Page 2 CHOICE OF VENUE. If there Is a iewsull, Borrower agrees upon Landora request to submit to the Jurisdiction of the courts of Dauphin County, Commonwealth of Pennsylvania. DISHONORED ITEM FET. Borrower will pay a fee to Lender of $20.00 If Borrower makes a payment on Borrawar's ban and the check or preauthortwd charge with whim Borrower pays Is fater dishonored. RIGHT OF SETOFF. To the extent permitted by applicable law. Lender reserves a right of setoff In all Borrower's accounts with Lender (whether checking, savings, or some other account). This Includes all accounts Borrower holds Jo1nW with someone else and all accounts Borrower may open In the future. However, this does not Include any IRA or Keogh accounts, or any trust accounts for which setoff would be prohibited by law. Borrower authorizes lender, to the extern permitted by applicable law, to charge or setoff all Burns awing an the Indebtedness against any and all such accounts, and, at Lender's option, to administratively freeze all such accounts to allow Lender to protect Lender's charge and setoff rights provided In this paragraph. COLLATERAL Borrower acknowledges this Note Is secured by the following collateral described In the security Instruments listed herein: (A) a Mortgage dated .tune 10, 2010, to Lander on real property described as 'Real Property located at 24 Lancaster Avenue, Ennis, PA 17025' and located in Cumberland County, Commonwealth of Pennsylvania. (B) a Mortgage dated June 10, 2010, to Lender on real property described as 'Real Property located at 161 -163 N. Ends Road, Ends, PA 17025' and located in Cumberland County, Commonwealth of Pennsylvania. PROPERTY INSURANCE Borrower understands that Borrower to required to obtain Insurance for the collateral securing (his Note. Further Information concerning this requirement is set forth in the Mortgage and In the Agreement to Provide Insurance, all the !arms and conditions of which are hereby Incorporated and made a part or this Note. SUCCESSOR INTERESTS. The terms of this Nate shall be binding upon Borrower, and upon Borrowere-helm, personal representatives, suacessare and assigns, and shag tnure to the benefit of Lender and Its sucoomors and assigns. GENERAL PROVISIONS. If any part of this Note cannot be enforced, this fad will not affect the rest of the Note. Lender may delay or forgo enforcing any of Its rights or remedies under this Nate without losing them. Borrower and any other person who signs, guarantees or endorses this Note, to the extent allowed by low, waive presentment, demand for payment, and notice of dishonor. Upon any change In the terms or this Note, and unless otherwise expressly stated In writing, no party who signs this Note, whether as maker, guarantor, accommodation maker or endorser, shall be released from liability. All such parties agree that Lender may renew or extend (repeatedly and for any length of time) this loan or release any parry or guarantor or collateral; or Impair, fall to realize upon or perfect Lander's security interest In the collateral; and take any other action deamnd necessary by Lender without the consent of or notice to anyone. All such parties also agree that Lender may modify this loan without the consent of or notice to anyone other than the party with whom the modification is made. The abllgalbns under this Note are Joint and several. If any portion of this Note Is for arty reason determined to be unenforceable. It will not affect the enforceability of any other provisions of this Note. CONFESSION OF JUDGMENT. BORROWER HEREBY IRREVOCABLY AUTHORIZES AND EMPOWERS ANY ATTORNEY OR THE PROTHONOTARY OR CLERK OF ANY COURT IN THE COMMONWEALTH OF PENNSYLVANIA, OR ELSEWHERE, TO APPEAR AT ANY TIME FOR BORROWER AFTER A DEFAULT UNDER THIS NOTE AND WITH OR WITHOUT COMPLAINT FILED, CONFESS OR ENTER JUDGMENT AGAINST BORROWER FOR THE ENTIRE PRINCIPAL BALANCE OF THIS NOTE AND ALL ACCRUED INTEREST, LATE CHARGES AND ANY AND ALL AMOUNTS EXPENDED OR ADVANCED BY LENDER RELATING TO ANY COLLATERAL SECURING THIS NOTE, TOGETHER WITH COSTS OF SUIT, AND AN ATTORNEY'S COMMISSION OF TEN PERCENT (10 %) OF THE UNPAID PRINCIPAL BALANCE AND ACCRUED INTEREST FOR COLLECTION, BUT IN ANY EVENT NOT LESS THAN FIVE HUNDRED DOLLARS (5500) ON WHICH JUDGMENT OR JUDGMENTS ONE OR MORE EXECUTIONS MAY ISSUE IMMEDIATELY; AND FOR SO DOING. THIS NOTE OR A COPY OF THIS NOTE VERIFIED BY AFFIDAVIT SHALL BE SUFFICIENT WARRANT. THE AUTHORITY GRANTED IN THIS NOTE TO CONFESS JUDGMENT AGAINST BORROWER SHALL NOT BE EXHAUSTED BY ANY EXERCISE OF THAT AUTHORITY, BUT SHALL CONTINUE FROM TIME TO TIME AND AT ALL TIMES UNTIL PAYMENT iN FULL OF ALL AMOUNTS DUE UNDER THIS NOTE. BORROWER HEREBY WAIVES ANY RIGHT BORROWER MAY HAVE TO NOTICE OR TO A HEARING IN CONNECTION WITH ANY SUCH CONFESSION OF JUDGMENT AND STATES THAT EITHER A REPRESENTATIVE OF LENDER SPECIFICALLY CALLED THIS CONFESSION OF JUDGMENT PROVISION TO BORROWER'S ATTENTION OR BORROWER HAS BEEN REPRESENTED BY INDEPENDENT LEGAL COUNSEL, PRIOR TO SIGNING THIS NOTE, BORROWER READ AND UNDERSTOOD ALL THE PROVISIONS OF THIS NOTE. BORROWER AGREES TO THE TERMS OF THE NOTE BORROWER ACKNOWLEDGES RECEIPT OF A COMPLETED COPY OF THiS PROMISSORY NOTE THIS NOTE 19 GIVEN UNDER SEAL AND IT IS INTENDED THAT THIS NOTE IS AND SHALL CONSTITUTE AND HAVE THE EFFECT OF A SEA' 0 INSTRUMENT ACCORDING TO LAW. BORROWER: X esl) Frederick Bull enb rgar LENDER: HALI BAN C_ Fk ox P. tort um,wn,.rsv�aa,mm, cn..wrrr,..s �+r..r nn.n,a waa«a...� .a. uw,rum,rc rasa w.v DISCLOSURE FOR CONFESSION OF JUDGMENT ' Ptiiic "" dl�, lxiaii Dat��estt, ; Mateaiity u - Ldari�t o?. �a11 -1 oll' 11cco 'nt ;Ofila�r §, rinittal '= X5207 OODOOc iQ6:Orp70 06�:2dS'`' X23995, '" a 1 -.,•x . M ?= :: i ii:,; r• KDV: #� References In the boxes above are tar Londer'a use onik end do not Iimlt the applleabifiry of this document to any particular loan or Item. An Item above conlalM •" has been omitt�dd due to text ten Ur ItmltaUona. Declarant: Frederick L Sullenberger Lender. HaOfax National Bank P.O. Box 97 a dlvlelon of Riverview National Bonk Enala, PA 17025 Thin! and Markol Streets PO Box A Halifax, PA 17032 (717) 898-3433 DISCLOSURE FOR CONFESSION OF JUDGMENT 1 AM EXECUTING, THIS 1 0th DAY OF J . 20�10 A PROMISSORY NOTE FOR $207,000.00 OBLIGATING ME TO REPAY THAT AMOUNT. A. 1 UNDERSTAND THAT THE NOTE CONTAINS A CONFESSION OF JUDGMENT PROVISION THAT WOULD PERMIT LENDER TO ENTER JUDGMENT AGAINST ME IN COURT, AFTER A DEFAULT ON THE NOTE, WITHOUT ADVANCE NOTICE TO ME AND WITHOUT OFFERING ME AN OPPORTUNITY TO DEFEND AGAINST THE ENTRY OF JUDGMENT. IN EXECUTING THE NOTE, BEING FULLY AWARE OF MY RIGHTS TO ADVANCE NOTICE AND TO A HEARING TO CONTEST THE VALIDITY OF ANY JUDGMENT OR OTHER CLAIMS THAT LEN13ER MAY ASSERT AGAINST ME UNDER THE NOTE, I AM KNOWINGLY, INTELLIGENTLY, AND VOLUNTARILY WAIVING THESE RIGHTS. INCLUDING ANY RIGHT TO ADVANCE NOTICE OF THE ENTRY OF JUDGMENT, AND I EXPRESSLY AGREE AND CONSENT TO LENDER'S ENTERING JUDGMENT AGAINST ME AS PROVIDED FOR IN THE CONFESSION OF JUDGMENT PROVISION. INITIALS: IL I FURTHER UNDERSTAND THAT IN ADDITION TO GIVING LENDER THE RIGHT TO ENTER JUDGMENT AGAINST ME WITHOUT ADVANCE NOTICE OR A HEARING, THE CONFESSION OF JUDGMENT PROVISION IN THE NOTE ALSO CONTAINS LANGUAGE THAT WOULD PERMIT LENDER, AFTER ENTRY OF JUDGMENT, AGAIN WITHOUT EITHER ADVANCE NOTICE OR A HEARING, TO EXECUTE ON THE JUDGMENT BY FORECLOSING UPON, ATTACHING, LEVYING ON, TAKING POSSESSION OF OR OTHERWISE SEIZING MY PROPERTY, IN FULL OR PARTIAL PAYMENT OF THE JUDGMENT. IN EXECUTING THE NOTE, BEING FULLY AWARE OF MY RIGHTS TO ADVANCE NOTICE AND A HEARING AFTER JUDGMENT IS ENTERED AND BEFORE EXECUTION ON THE JUDGMENT, I AM KNOWINGLY, INTELLIGENTLY AND VOLUNTARILY WAIVING THESE RIGHTS, AND I EXPRESSLY AGREE AND CONSENT TO LENDER'S IMMEDIATELY EXECUTING ON THE JUDGMENT IN ANY MANNER PERMfffIE0 BY APPLICABLE STATE AND FEDERAL LAW. WITHOUT GIVING ME ANY ADVANCE NOTICE INITIALS: ^—' Lf ?? � C. AFTER HAVING READ AND DETERMINED WHICH OF THE FOLLOWING STATEMENTS ARE APPLICABLE, BY INITIALING EACH STATEMENT THAT APPLIES, 1 REPRESENT THAT: IN 1. 1 WAS REPRESENTED BY MY OWN INDEPENDENT LEGAL COUNSEL IN CONNECTION WITH THE NOTE. 2. A REPRESENTATIVE OF LENDER SPECIFICALLY CALLED THE CONFESSION OF JUDGMENT PROVISION IN THE NOTE TO MY ATTENTION. 0. 1 CERTIFY THAT MY ANNUAL INCOME EXCEEDS $1 0,000; THAT THE BLANKS IN THIS DISCLOSURE WERE FILLED IN WHEN I INITIALED AND SIGNED IT; AND THAT I RECEIVED A COPY AT THE TIME OF SIGNING. THIS DISCLOSURE IS GIVEN UNDER SEAL AND IT IS INTENDED THAT THIS DISCLOSURE IS AND SHALL CONSTITUTE AND HAVE THE EFFECT OF A SEALED INSTRUMENT ACCORDING TO UAW. DECLARANT: X se lf) FrotloN u 2! r wu.o,�r� v..u.m® m.x.r+n.erwe.,m.wr,m,e. u,y.,.,,....r •n raunm�e rnrn rwn Gx u (bi T BUSINESS ENTERPRISE AFFIDAVIT .:,.A 4.. _aEe:: i:a um ow References in the boxes above are for Lender's use only and do not limit the applicability of this document to any particular loan or item. Any Item above containing " "' has been omitted due to text length limitations. Borrower Frederick L Sullenberger Lender Halifax National Bank P.O. Box 97 a division of Riverview National Bank Enola, PA 17025 Third and Market Streets PO Box A Halifax, PA 17032 (717) 890-3433 AFFIDAVIT COUNTY OF DAUPHIN )SS COMMONWEALTH OF PENNSYLVANIA) Borrower, Frederick L Sullenberger, has entered into a credit agreement with Halifax National Bank dated June 10, 2010. Borrower hereby certifies that the proceeds of this extension of credit are to be utilized in the conduct of a business enterprise engaged In the business of 4x3 (the "business enterprise"). The undersigned exercises actual control over the managerial decisions of the business enterprise. Subscribed and sworn to by Borrower, under penalty of perjury, this 10th day of June 20 THIS AFFIDAVIT iS GIVEN UNDER SEAL AND IT 1S INTENDED THAT THIS AFFIDAVIT IS AND SHALL CONSTITUTE AND HAVE THE EFFECT OF A SEALED INSTRUMENT ACCORDING TO LAW. X (Seal) Freda k L. Su enbarger Sworn to and subscribed before me this 10th day of June , 20 r . • C� COMMONWEALTH OF PENNSYLVANIA Nota ublic Notarial Seat ry Tina L Lloyd, Notary Pubilc Washington Twp., Dauphin County My Commission Expires SePL 13, 2013 Member, Penna,dvanla Ass00810n of 1401artes IASMOWLe M,V".5 1== CW Aadnd Fh dA iEle", Un In?. 7at0. M .WibA -46 -VA I0CFUftM J:C TR-Un MAN IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA RIVERVIEW BANK, f /k /a HALIFAX NATIONAL BANK, a Division of RIVERVIEW NATIONAL BANK, CIVIL ACTION - LAW Plaintiff V. NO./ 3 —31� C;v l FREDERICK L. SULLENBERGER, Defendant AFFIRMATION I verify that the statements made in this Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 PA C.S.A. §4904 relating to unsworn falsification to authorities. DATED: May 30, 2013 RIVERVIEW BANK, f /k /a HALIFAX NATIONAL BANK, a Division of RIVERVIEW NATIONAL BANK, B '', V71, '00, A. Wim Van Olden, Vice President Chief Credit Officer IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA RIVERVIEW BANK, f /k/a HALIFAX NATIONAL BANK CIVIL ACTION - LAW Plaintiff V. NO. 2 � � 7 7 G:wl FREDERICK L. SULLENBERGER 3 Defendant CERTIFICATE OF SERVICE AND NOW, June 3, 2013,. I, Robert G. Radebach, Esquire, Attorney for Plaintiff, hereby certify that I served a copy of the Complaint for Confession and related documents and notices in the above - captioned matter upon FREDERICK L. SULLENBERGER on June 3, 2013, by depositing the same in the United States Mail, postage prepaid, in the post office at Harrisburg, Pennsylvania, addressed as follows: FREDERICK L. SULLENBERGER 24 Lancaster Avenue ENOLA, PA 17025 obert G. Radebach, 912 North River Road Halifax, PA 17032 (717) 896 -2666 I.D.# 19255 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA RIVERVIEW BANK, f /k /a HALIFAX NATIONAL BANK, a Division of RIVERVIEW NATIONAL BANK, zz; Plaintiff CIVIL ACTION V. NO. / - 3/� FREDERICK L. SULLENBERGER 3 V4 � Defendant 7e "c° c' NOTICE UNDER RULE 2958.1 OF JUDGMENT AND EXECUTION {' NOTICE OF DEFENDANT'S RIGHTS TO: FREDERICK L. SULLENBERGER, Defendant A Judgment in the amount of $217,858.59, has been entered against you and in favor of the plaintiff without prior notice and a hearing based on a confession of Judgment a promissory note or other document allegedly executed by you. The sheriff may take your money or other property to pay the judgment at any time after thirty days after the date which this notice is served on you. You may have legal rights to defeat the judgment or your being removed from the property. ANY PETITION SEEKING RELIEF FROM THE JUDGMENT MUST BE FILED WITHIN THIRTY 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. IF YOU CANNOT AFFORD TO HIRE A LAWYER. THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES AT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY BAR AS CIATION 32 SOUTH BEDFORD RE T CARLISLE, P 7013 1- 800 -990 108 717- 249 -31 Dated: June 3, 2013 Robert G. Radebach, Esquire Attorney for Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA RIVERVIEW BANK, f /k /a HALIFAX NATIONAL BANK, a Division of RIVERVIEW NATIONAL BANK CIVIL ACTION - LAW Plaintiff V. NO. FREDERICK L. SULLENBERGER Defendant TO: FREDERICK L. SULLENBERGER, Defendant You are hereby notified that on June 3, 2013, judgment by confession was entered against you in the sum of $217,858.59, in the abo a -c ' n se. Date: June 3, 2013 % a A YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 1- 800 - 990 -9108 717- 249 -3166 1 hereby certify that the following is the address of the defendan s) stated in the certificate of residence: FREDERICK L. SULLENB GE 24 Lancaster Aven ENOLA, PA 1702 Ro ert G. Radebach, Esquire Attorney for Plaintiff 912 North River Road Halifax, PA 17032 (717) 896 -2666 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, CIVIL DIVISION PRAECIPE FOR WRIT OF EXECUTION ❑✓ Confessed Judgment RIVERVIEW BANK Plaintiff ❑ Other VS. FREDERICK L. SULLENBERGER File No. 13-3147 PENNSYLV. -Q. = cn —C -•C CFN Amount Due $217,858.59 Defendant Interest Address: 24 Lancaster Avenue, Enola, PA 17025 Atty's Comm Costs 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) All personal property at 24 Lancaster Avenue, Enola, PA 17025 2006 FORD F450 ROLLBACK TRUCK VIN# FDXF46P06ED65407 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 lengthy personalty list) and all other property of the defendant(s) in the possession, custody or control o Date El (Indicate) Index this writ against the garnishee (s) as a lis pende s a ' re estate of the fendant(s) described in the attached exhibit. / G, Q f Signature: i 7 X35% 3 1,16 66 os4-5 ( L , Pd 4f7 —5" )u Co ns re. PlL11-L. Print Name: Address: Attorney for: Telephone: 912 North River Road Halifax, PA 17032 Plaintiff 717-896-2666 Supreme Court ID No: 19255 THE COURT OF COMMON PLEAS CUMBERLAND COUNTY PA DAVID D. BUELL, PROTHONOTARY One Courthouse Square • Suite100 • Carlisle, PA • 17013 (717) 240-6195 www.ccpa.net RIVERVIEW BANK Vs. FREDERICK L. SULLENBERGER WRIT OF EXECUTION (Pa R.C.P. 3252) NO 13-3147 Civil Term CIVIL ACTION — LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the judgment, interest and costs against FREDERICK L. SULLENBERGER, 24 LANCASTER AVENUE, ENOLA, PA 17025 Defendant (s) (1) you are directed to levy upon the property of the defendant (s) and to sell the defendant (s) interest therein; 2006 FORD 4450 ROLLBACK TRUCK VIN# FDXF46P06ED65407. (2) you are also directed to attach the property of the defendant (s) not levied upon in the possession of GARNISHEE(S), as garnishee, (Specifically describe property) and to notify the garnishee that (a) an attachment has been issued; (b) except as provided in paragraph (c), the garnishee 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; (c) the attachment shall not include (i) the first $10,000 of each account of the defendant (s) with a bank or other financial institution containing any funds which are deposited electronically on a recurring basis and are identified as being funds that upon deposit are exempt from execution, levy or attachment under Pennsylvania or federal law. (ii) each account of the defendant (s) with a bank or other financial institution in which funds on deposit exceed $10,000.00 at any time if all funds are deposited electronically on a recurring basis and are identified as being funds that upon deposit are exempt from execution, levy or attachment under Pennsylvania or federal law. (iii) any funds in an account of the defendant (s) with a bank or other financial institution that total $300 or less. If multiple accounts are attached, a total of $300 in all accounts shall not be subject to levy and attachment as determined by the executing officer. The funds shall be set aside pursuant to the defendant (s) general exemption provided in 42 Pa.C.S. § 8123. (3) if property of the defendant (s) not levied upon and subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify such other person that he or she has been added as a garnishee and is enjoined as above stated. 1 Amount Due $217,858.59 Interest Attorney's Comm. % Attorney Paid $74.50 Dat -c: f ``J 14‘0104 r REQUESTING PARTY: Name : Robert G. Radebach, Esq. Address: 912 North River Road Halifax, PA 17032 Attorney for: Plff Telephone: 717-896-2666 Supreme Court ID No. 19255 Plaintiff Paid Law Library $.50 Due Prothonotary $2.25 Other Costs David D. Buell, Prothonotary MAJOR EXEMPTIONS UNDER PENNSYLVANIA AND FEDERAL LAW 1. $300 statutory exemption 2. Bibles, school books, sewing machines, uniforms and equipment 3. Most wages and unemployment compensation 4. Social Security benefits 5. Certain retirement funds and accounts 6. Certain veteran and armed forces benefits 7. Certain insurance proceeds 8. Such other exemptions as may be provided by law Deputy 2 SHERIFF'S SALE By Virtue of a Writ of Execution No. 2013-3147 Issued out of the Court of Common Pleas of Cumberland County, Pennsylvania and to me directed, I will expose the following described property at public sale at 1650 Holtz Road, East Pennsboro Township, Enola, PA 17025 on WEDNESDAY, JULY 30, 2014 AT 3:00 O'CLOCK P.M. Prevailing Time, the following described property, to wit: 2006 Ford 4450 Rollback Truck, VIN # 1 FDXF46P06ED65407 `v? rn r- rn o , -1CD CD c 3.7 and all other personal property of defendant(s). Any person claiming any interest in said personal property shall file the same prior to the sale, with the Sheriff's Office. A schedule of distribution will be filed in the Sheriff's Office no later than five (5) days after the date of the sale, and distribution made ten (10) days thereafter unless exceptions are filed with the Sheriffs Office prior thereto. Seized and taken into execution to be sold as the property of FREDERICK LINN SULLENBERGER in suit of RIVERVIEW BANK and to be sold by me. Attorney for the Plaintiff: Robert G. Radebach Halifax, PA (c) CountySuite Sheriff, Teleosoft, Inc. RONNY R ANDERSON, Sheriff CUMBERLAND COUNTY, Pennsylvania r7 Ronny R. Anderson, Sheriff, who being duly sworn according to law, says that due and legal notice having been given according to law, he sold the personal property of Frederick L. Sullenberger, of 24 Lancaster Avenue, Enola, PA 17025 for the sum of $1.00, to Riverview Bank, it being the highest bid and price quoted for the same. Date and Time of sale, Wednesday, July 30, 2014 at 3:00 E.D.S.T., at, 24 Lancaster Avenue, Enola, PA 17025, Cumberland County Pennsylvania 17015. Property taken by plaintiff: 2006 Ford 4450 Rollback Truck, VIN # 1FDXF46P06ED65407 Notary Public THE COURT OF COMMON PLEAS CUMBERLAND COUNTY PA DAVID D. BUELL, PROTHONOTARY One Courthouse Square • Suite 100 • Carlisle, PA • 17013 (717) 240-6195 www.ccpa.net RIVERVIEW BANK Vs. FREDERICK L. SULLENBERGER Pers.s wed WRIT OF EXECUTION (Pa R.C.P. 3252) NO 13-3147 Civil Term CIVIL ACTION — LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the judgment, interest and costs against FREDERICK L. SULLENBERGER, 24 LANCASTER AVENUE, ENOLA, PA 17025 Defendant (s) (1) you are directed to levy upon the property of the defendant (s) and to sell the defendant (s) interest terest they in; 2006 FORD 4450 ROLLBACK TRUCK VIN# FDXF46P06ED65407. o' prof 'jam^ -t P� 404(1404(1LA UrsCas ref �4ve (2) you are also directed to attach the property of the defendant (s) not levied upon in the possession of 1702S GARNISHEE(S), as garnishee, (Specifically describe property) and to notify the garnishee that (a) an attachment has been issued; (b) except as provided in paragraph (c), the garnishee 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; (c) the attachment shall not include (i) the first $10,000 of each account of the defendant (s) with a bank or other financial institution containing any funds which are deposited electronically on a recurring basis and are identified as being funds that upon deposit are exempt from execution, levy or attachment under Pennsylvania or federal law. each account of the defendant (s) with a bank or other financial institution in which funds on deposit exceed $10,000.00 at any time if all funds are deposited electronically on a recurring basis and are identified as being funds that upon deposit are exempt from execution, levy or attachment under Pennsylvania or federal law. (iii) any funds in an account of the defendant (s) with a bank or other financial institution that total $300 or less. If multiple accounts are attached, a total of $300 in all accounts shall not be subject to levy and attachment as determined by the executing officer. The funds shall be set aside pursuant to the defendant (s) general exemption provided in 42 Pa.C.S. § 8123. (3) if property of the defendant (s) not levied upon and subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify such other person that he or she has been added as a garnishee and is enjoined as above stated. 1 Amount Due $217,858.59 Interest Attorney's Comm. % Attorney Paid $74.50 Date: REQUESTING PARTY: Name : Robert G. Radebach, Esq. Address: 912 North River Road Halifax, PA 17032 Attorney for: Plff Telephone: 717-896-2666 Supreme Court ID No. 19255 Plaintiff Paid Law Library $.50 Due Prothonotary $2.25 Other Costs David D. Buell, Prothonotary MAJOR EXEMPTIONS UNDER PENNSYLVANIA AND FEDERAL LAW 1. $300 statutory exemption 2. Bibles, school books, sewing machines, uniforms and equipment 3. Most wages and unemployment compensation 4. Social Security benefits 5. Certain retirement funds and accounts 6. Certain veteran and armed forces benefits 7. Certain insurance proceeds 8. Such other exemptions as may be provided by law 2 (PIUCR VICW B pNii vs F oc-p rck 1- _ SokIENg R In the Court of Common Pleas of Cumberland County, Pennsylvania No. 13 ^ ( t(% Civil Term PRAECIPE /(1(11°)-- �( C u F 6 F 6-->C-COT/10l� S (� R T Pt AO h.° PCR -soca AL q2cPEe,—/ 1-T ANCA 76t2 NOF F�6��, Pp," David Dnotary Attorney Info: Komi G RApc--.Actr °( la- N. ReyeP-'o ft, L(F, , Of} (703.4 Attorney for Plaintiff LO Robert Radebach, Esquire 912 North River Road Halifax, PA 17032 717-896-2666 robradebachatty@aol.com PA. ID# 19255 Attorney for Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA RIVERVIEW BANK, f/k/a HALIFAX NATIONAL BANK, a Division of RIVERVIEW NATIONAL BANK, Plaintiff v. FREDERICK L. SULLENBERGER, Defendant CIVIL ACTION - LAW NO. 2013-3147 CERTIFICATE OF SERVICE AND NOW, November / ), 2014, I, Robert G. Radebach, Esquire, Attorney for Plaintiff, hereby certify that I served a copy of the Notice Pursuant to Pa.R.C.P. 237.1(a)(1) in the above -captioned matter upon Frederick L. Sullenberger efenda t, on November 6, 2014, by depositing the same in the United States M , postage prepaid and via Certificate of Mailing (see Certificate of Mailing attar ed hereto a hereby made a part hereof), in the post office at Harrisburg, Pin ..ylvania, addr sed as follows: Frederick L. Sullenberger 24 Lancaster Ave Enola, PA 1702 Robert G. adebach, Esquire 912 North River Road Halifax, PA 17032 (717) 896-2666 I.D.# 19255 Attorney for Plaintiff vamoi Nov - 6 2014 egis AIM USPS UNITED ST4TES POSTAL SERVICE, Mailin T ntl Cen,fule of Madmq pr Ovtdes evgence Inal mad nal been presenIeu fo USPS for rna.hnq rats lotto may be used lot OomesYc and inlernaUonal mail from Certificate Of To Robert G. Radebach, Esquire 912 North River Road Halifax, PA 17032 l 1'lO%i____A j PS Form 3817 Agri 2007 PSN 7530-02-000.9065 F'(1111It�(h HI`l1'