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Home My WebLink About14-4574 Supreme Co A ennsylvania lih Cour ommo leas For Prothonotary Use Only. Docket No: Sri County - The information collected on this form is used solely for court administration purposes. This form does not supplement or replace the filing and service of pleadings or other papers as required by law or rules of court. Commencement of Action: S 0 Complaint ® Writ of Summons O Petition Transfer from Another Jurisdiction l3 Declaration of Taking E C Lead Plaintiff's Name: Lead Defendant's Name: T RIVERVIEW BANK FREDERICK L. SULLENBERGER Dollar Amount Requested: ®within arbitration limits I Are money damages requested? M Yes ® No (check one) ®x outside arbitration limits O N Is this a Class Action Suit? 13 Yes El No Is this an MDJAppeal? (3 Yes 1J No A Name of Plaintiff/Appellant's Attorney: ROBERT G. RADEBACH, ESQUIRE ® Check here if you have no attorney(are a Self-Represented 1Pro Sel Litigant) Nature of the Case: Place an"X"to the left of the ONE case category that most accurately describes your PRIMARY CASE. If you are making more than one type of claim,check the one that you consider most important. TORT(do not include Mass Tort) CONTRACT(do not include Judgments) CIVIL APPEALS Intentional ® Buyer Plaintiff Administrative Agencies ® Malicious Prosecution ® Debt Collection: Credit Card ® Board of Assessment ® Motor Vehicle ® Debt Collection:Other I® Board of Elections © NuisanceDept.of Transportation © Premises Liability H Statutory Appeal:Other S © Product Liability(does not include EEmployment Dispute: mass tort) ® Slander/Libel/Defamation Discrimination C © Other: ©Employment Dispute:Other l3 Zoning Board T ® Other: I ® Other: O MASS TORT ® Asbestos N ® Tobacco ® Toxic Tort-DES ® Toxic Tort-Implant REAL PROPERTY MISCELLANEOUS ® Toxic Waste ® Other: ® Ejectment ® Common Law/Statutory Arbitration B l3 Eminent Domain/Condemnation ® Declaratory Judgment © Ground Rent © Mandamus ®Landlord/Tenant Dispute ®Non-Domestic Relations J Mortgage Foreclosure:Residential Restraining Order PROFESSIONAL LIABLITY ©Mortgage Foreclosure:Commercial ©Quo Warranto ® Dental [3Partition ©Replevin © Legal ® Quiet Title l3 Other: ® Medical © Other: ® Other Professional: Updated]/1/2011 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLVANIA RIVERVIEW BANK • ��- ys� y . Plaintiff N , C:= vs FREDERICK L. SULLENBERGER . - t-- Defendant c, CD CD ma's NOTICE TO DEFEND 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 ��/�• ,ls-P _/ y1 f� c#-o6 � 3o93 �3 Robert Radebach, Esquire 912 North River Road Halifax, PA 17032 717-896-2666 robradebachatty@aol.com PA. I D#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 CIVIL ACTION - LAW NATIONAL BANK, : Plaintiff NO: vs. FREDERICK L.SULLENBERGER Mortgagor and Real Owner, and THE UNITED STATES OF AMERICA Defendants COMPLAINT 1. The Plaintiff, Riverview Bank, f/k/a Halifax National Bank, Mortgagee, is a banking corporation having an office 3rd & Market Streets, Halifax, CUMBERLAND County, Pennsylvania 17032. 2. The Defendant, FREDERICK L.SULLENBERGER, is an adult individual who resides at 24 Lancaster Avenue, Enola, Cumberland County, Pennsylvania. 3. The Defendant UNITED STATES OF AMERICA is the federal government of the United States of America, with officees C/O UNITED STATES ATTORNEY FOR THE MIDDLE DISTRICT OF PENNSYLVANIA, at 228 Walnut Street, PO box 11754, Harrisburg, PA 17108. 4. The United States of America is named as a defendant in this action in accordance with Section 2410 of Title 28 of the United States Code and Section 7425(a) of the Internal Revenue Code, by virtue of its filing of a federal tax lien against the named Defendant with respect to the subject real estate. 5. A true and correct copy of the said Federal Tax Lien filed by the United States of America to No. 2012-05060, on August 15, 2012, for$81,689.46 in the Court of Common Pleas of Cumberland County, Pennsylvania, with respect to the subject real estate is attached hereto, marked Exhibit A, which is hereby made a part hereof. 6. On June 10, 2010, the Defendant, FREDERICK L. SULLENBERGER , executed and delivered a Mortgage upon premises as hereinafter described to the Halifax National Bank which Mortgage is in the principal amount of$207,000.00. Said Mortgage was duly recorded on June 22, 2010, in the Office of the Recorder of Deeds of CUMBERLAND County, Pennsylvania, at Instrument No. 201016458, see Exhibit B, attached hereto and which is hereby made a part hereof. 7. Said Mortgage has not been assigned. 8. The premises subject to the lien of the Mortgage are described as follows: ALL THAT CERTAIN tract, piece or parcel of ground situate in East Pennsboro Township, Cumberland County, Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point on the line of lands now or late of Campbell, on the eastern line of Lancaster Avenue, which point is 172 feet, more or less, north from the intersection of Lancaster Avenue and Huntingdon Avenue; thence along the eastern line of said Lancaster Avenue, North 9 degrees 30 minutes West a distance of 97 feet to an iron pin at the line of lands now or late of Schreiber; thence along lands now or late of Schreiber, North 80 degrees 30 minutes East a distance of 145 feet to an iron pin on the western line of a 15 foot alley; thence along the western line of said 15 foot alley, South 9 degrees 30 minutes East a distance of 87 feet to a point on line of lands now or late of Campbell; thence along the line of lands now or late of Campbell,South 80 degrees 30 minutes West a distance of 145 feet to the point or place of BEGINNING. BEING the northern 30 feet of Lot No. 17,all of Lot No. 18, and the southern 7 feet, more or less, of Lot No. 19, Section C, on a plan of lots known as the Plan of West Enola, which plan is recorded in Cumberland County Plan Book 1, Page 29. THIS DESCRIPTION is in accordance with a subdivision plan prepared by D. P. Raffensperger Associates, dated May 28, 1975. BEING designated as Cumberland County UPI: 09-14-0834-245A. BEING the same premises which Frederick L. Sullenberger and Kristie L. Sullenberger, by their Deed dated June 10, 2010, and recorded June 22, 2010, in the Office of Recorder of Deeds of Cumberland County, Pennsylvania, at Instrument No. 201016457, granted and conveyed unto Frederick L. Sullenberger Mortgagor and Real Owner. 9. Said Mortgage is in default because the Defendant has have failed to make the monthly installments payments due on December 10, 2013, and thereafter on a regular basis. The following amounts are due on said Mortgage: Principal Amount Due $ 200,173.83 Accrued Interest $ 7,873.74 Accrued late charges $ 3,109.67 Attorney collection fee $ 10,008.69 TOTAL AMOUNT DUE $ 221,165.93 11. The purpose of the filing of this Complaint in Mortgage Foreclosure is to proceed to have the in described premises sold by the Sheriff of CUMBERLAND County at a judicial sale pursuant to the statutory provisions of the Commonwealth of Pennsylvania and pursuant to the applicable rules of Court relevant to Mortgage Foreclosure as promulgated by the Supreme Court of Pennsylvania. 10. Plaintiff avers that preforeclosure notice required by Act 6 of 1974 and Act 91 of 1983, was given to the Defendant on March 19, 2014, see Exhibit C, attached hereto and which is hereby made a part hereof. WHEREFORE, Plaintiff demands judgment against the Defendant for the total amount of$221,165.93, together with interest at $43.09297 per day from April 25, 2014, all costs of suit, and for the Foreclosure and Sale of the said premises described in Paragraph 6 above. Resp tf y s obert 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 CIVIL ACTION - LAW NATIONAL BANK, Plaintiff NO: vs. FREDERICK L.SULLENBERGER Mortgagor and Real Owner, and THE UNITED STATES OF AMERICA Defendants 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: x //y RIVERVIEW BANK, f/k/a HALIFAX NATIONAL BANK, a Division of RIVERVIEW NATIONAL BANK, By: il^ A. Wim Van Olden, Vice President Chief Credit Officer 4804 Department of the Treasury - Internal Revenue Service Form 668 i( ) (Rev.February 2004)004) Notice of Federal Tax Lien Area Serial Number For Optional Use by Recording Office SMALL B SINESS/SELF EMPLOYED AREA #2 Lien Unit t hone: (800) 829-3903 886545412 As pr by section 6321, 6322, and 6323 of the Internal Revenue Code, are giving a notice that taxes (including Interest and penalties) have n assessed against the following-named taxpayer. We have nude a d for payment of this Habliky, but it remains unpaid. Therefore, CID � -=j there is Hen In favor of the United States on all property and rights to -off � =o-„ p belonging to this taxpayer for the amount of these taxes, and c*rn o W additional penahies, Interest, and coats that may accrue. 2rc��% c Name of Taxpayer FREDERICK SULLENBERQERN�gc �C'w a p-Yt 3a r- S c Residence 24 LANCASTER AVE ENOLA, PA 17025-2008 E [32 NT RELEASE INFORMATION: For each assessment listed below, e of the lien is refiled by the date given in column(e),this notice shall,following such date, operate as a certificate of release as defined 5(a). a7�'3�f Tax Period Date of Last Dai�►�for Unpaid ce Kind of Ending Identifying Number Assessment RefllMg of Assessm ent a b c d e 1040 12/31/2007 XXX-XX-6046 12/13/2010 01/12/2021 26083 .01 1040 12/31/2008 XXX-XX-6046 11/07/2011 12/07/2021 55606.45 i I I Place of Filing Prothonotary Cumberland Country Total $ 816E9.46 Carlisle, PA 17013 This notici was prepared and signed at DETROIT, MI , on this, the 7th day of August 2012 SignatureACS SBSE 22-00-0001 for P.A . BELTON (800) 829-3903 (N •Certificate of officer authorized by law to take acknowledgment is not essential to the validity of Notice of Federal Tax lien Rev. Rul. 71-466, 1971 -2 C.B.409) Form 668(n(c) (Rev 2-2004) Part 1 -Kept By Recording OMke CAT. NO 0025X Parcel Identification Number. 09-14-0034.245A RECORDATION REQUESTED BY: Hollfax Notional Bank a division of Riverview National Bank Third and Market Streets PO Box A Halifax,PA 17032 WHEN RECORDED MAIL TO: Haiti ax National Bank e division of Rrvorvlew National Batik Third and Markel Streets 0002 J J PO BoxA Halifax,PA 17032 SEND TAX NOTICES TO: Halifax National Bank a division of RivorAaw Notional Bank Third and Market Streets PO Box A Haiifax.PA 1711132 FOR RECOROOLS USE ONLY MORTGAGE Amount Secured Hereby: $207,000.00 THIS MORTGAGE dated June 10, 2010, is made and executed between Frederick L, Sullenberger,A Single Person,whose address is 167 Enola Road,Encla,PA 17025(referred to below as"Grantor') and Halifax National Bank,whose address Is Third and Market Streets,PO Box A,Halifax,PA 17032(referred to below as"Lender"). GRANT OF MORTGAGE. For valuable consideration, Grantor grants, bargains, sells, conveys, assigns, transfers, releases,confines and mortgages to Lender all of Granlals light,title,and Interest In and to the roffohMng descrtbad real property,together with all existing or subsequently ameled or affixed buildings,Improvements and fixtures;ell stroels, lanes, alleys, passages, and ways; all easements, rights of way, all liberties, privileges, tenements, hereditaments,and appurtenances thereunto belonging or anywise mode appurtenant hereafter,and the reversions and mmatnders with respect thereto;all water,water rights,watercourses and ditch tights(Including stock in utilities with ditch or Irrigation rights);and all other rights, royalties, and profits relating to the real property, Including without limitation all minerals,all, as,geothermal nd similar mattere,(the"Real Property')located in Cumberland County,Commonwealth of Pennsylvania: See Exhibit A which is attached to this Mortgage and made a part of this Mortgage as if fully set forth herein. The Real Property or its address is commonly known as 24 Lancaster Avenue, Enola, PA 17025. The Real Property parcel identification number Is 09-14-0834.245A. Grantor presently assigns to Lender all of Grantor's right,title,and Interest in and to all present and future leases of the Property and all Rents from the Property. In addition,Grantor grants to Lender a Unlrorm Commercial Code security Interest in the Personal Property and Rents. THIS MORTGAGE, INCLUDING THE ASSIGNMENT OF RENTS AND THE SECURITY INTEREST IN THE RENTS AND PERSONAL PROPERTY,IS GIVEN TO SECURE (A) PAYMENT OF THE INDEBTEDNESS AND (e) PERFORMANCE OF ANY AND ALL OBLIGATIONS UNDER THE NOTE IN THE ORIGINAL PRINCIPAL AMOUNT OF$207,000.00, THE RELATED DOCUMENTS,AND THIS MORTGAGE THiS MORTGAGE 15 GiVEN AND ACCEPTED ON THE FOLLOWING TERMS: PAYMENT AND PERFORMANCE Except as otherwise provided In this Mortgage, Grantor shall pay to Lender off amounts secured by this Mortgage as they become due and shall strictly perform all of Grantor's obligations under this Mortgage. POSSESSION AND MAINTENANCE OF THE PROPERTY. Grantor egress that Granter's possession and use of the Property shall be governed by the fallowing pravislons: Possaaxlon and Use. Until the ocamince of an Event of Default,Grantor may (1) remain In possession and w control of the Property; (2) use,operate or manage the Property,and (3) collect the Rents from the Property. Duty to Malntaln, Grantor shall maintain the Property in tenantable condition and promptly perform all repabs, replacements,and maintenance necessary to preserve Its value. Compliance with Environmental laws. Grantor represents and warrants to Lender that: (1) During the period of Granter's ownershlp of the Property,there has been no use,generation,menufactum,storage,treatment,disposal, release or threatened release of any Hazardous Substance by any persoh on,under,about or from the Property; (2) Grantor has no knowledge of,or mason to believe that them has been,except as previously disclosed to and acknowledged by Lender In writing, (a) any breach or violation of any Environmental Laws, (b) any use, generation,manufacture,storage,treatment,disposal,release or threatened release of arty Hazardous Substance on,under,about or from the Property by any prior owners or occupants of the Property,or (c) any actual or threatened litigation or claims of arty kind by any person relating to such matters;and (3) Except as previously disclosed In and acknowledged by Lender in writing, (a) neither Grantor nor any tenant,contractor,agent or other authorized user of the Property shall use,generate,manufacture,atom,treat,dispose of or release any Hazardous Substance on,under,about or from the Property;and (b) any such activity shall be conducted In compliance with all applicable federal, state, and local laws, regulations and ordinances, including without limitation all Environmental taws. Grantor authorizes Lender and its agents to enter upon the Property to make such Inspections and tests,at Granters expense,as Lender may doom appropriate to determine compliance of the RE: Frederick L. Sullenberger 24 Lancaster Avenue, Enola,Pennsylvania Tax Parcel No. 09-14-0834-245A ALL THAT CERTAIN tract, piece or parcel of ground situate in East Pennsboro Township, Cumberland County,Pennsylvania,more particularly bounded and described as follows,to wit: BEGINNING at a point on the line of lands now or late of Campbell,on the eastern line of Lancaster Avenue,which point is 172 feet,more or less,north from the intersection of Lancaster Avenue and Huntingdon Avenue; thence along the eastern line of said Lancaster Avenue,North 9 degrees 30 minutes West a distance of 97 feet to an iron pin at the line of lands now or late of Schreiber;thence along lands now or late of Schreiber,North 80 degrees 30 minutes East a distance of 145 feet to an iron pin on the western line of a 15 foot alley; thence along the western line of said 15 foot alley, South 9 degrees 30 minutes East a distance of 87 feet to a point on line of lands now or late of Campbell;thence along the line of lands now or late of Campbell,South 80 degrees 30 minutes West a distance of 145 feet to the point or place of BEGINNING. BEING the northern 30 feet of Lot No. 17,all of Lot No. 18,and the southern 7 feet,more or less, of Lot No. 19,Section C,on a plan of lots known as the Plan of West Enola,which plan is recorded in Cumberland County Plan Book 1, Page 29. THIS DESCRIPTION is in accordance with a subdivision plan prepared by D. P. Raffensperger Associates, dated May 28, 1975. COUNTY TAX parcel#09-14-0834-245A. IT BEING the same premises which Frederick L.Sullenberger and Kristie L. Sullenberger,by their Deed dated June 10, 2010, and to be recorded in the Recorder of Deeds Office of Cumberland County,granted and conveyed unto Frederick L. Sullenberger,the MORTGAGOR herein. EXHIBIT"A" MORTGAGE (Continued) Page 2 Property with this section of the Mortgage. Any Inspections or tests made by Lander shall be for Lender's purposes only and shall not be construed to create any responsibftity or liability on the part of Landar to Grantor or to any other person. The representations and warranties contained herein are based on Grantor's due diligence M Investigating the Property for Hazardous Substances. Grantor hereby (1) releases and waives any future claims against Lender for Indemnity or contribution In the event Gmnlor becomes liable for cleanup or other costs under any such laws;and (2) agrees to Indemnity,defend,and had harmless Lender against any and all claims,losses, PablNUes,damages,penalties,and expenses which Lander may directly or Indirectly sustain or suffer resulting from a breech of this sedan of the Mortgage or as a consequence or any use, generation, manufacture, storage, disposal,release or threatened release occurring prior to Granter's ownership or interest in the Property,whether or not the same was or should have been known to Grantor. The provisions of this sedan of the Mortgage, Including the obligation to indemnity and dafand,shell survive the payment of the Indebtedness and the satisfaction and reconveyance of the Van of this Mortgage and shall not be affected by Lender's acquisition of any Interest In the Property,whether by foreclosure or otherwise. Nuisance,Waste. Grantor shall not cause,conduct or permit any nulaance nor commit,permit,or suitor any stripping of or waste on or to the Property or any portion of the Property. Without limiting the generality of the foregoing,Granter VIII not remove,or grant to any other party the tight to remove,any Umber,minerals(Including all and gas),coal,day,scoria,soil,gravel or rode products without Lender's prior written consent Removal of Improvements. Grantor shell not demolish or remove any Improvements from the Real Property without Lender's prior written consenL As a condition to the removal of any Improvements,Lander may require Granlor to make arrangements saUsfadory to Lender to replace such Improvements with Improvements of at least sgtral value. Lendar's Right to Enter. Lender and Lender's agents and representatives may enter upon the Real Property at all reasonable times to attend to Lender's Interests and to Inspect the Real Property for purposes of Granter's compllance with the terms and conditions of this Mortgage. Compliance with Governmental Requirements. Grantor shell promptly comply with all laws, ordinances, and regulations,now or hereafter In effect,of ail governmental authorities applicable to the use or occupancy of the Property,Inducing without limitation,the Americans With DisabtllUes Act. Grantor may contest In good faith any such law,ordinance,or regulation and withhold compliance during any proceeding,Including appropriate appeals, so long as Grantor has notified Lender In writing pilot to doing so and so long as,M Lander's sae opinion,Lender's Interests In the Property aha not Jeopardized. Lender may require Grantor to post adequate security or a surety bond,reasonably satisfactory to Lender,to protect Landoes interest Duty to Protect. Grantor agrees neither to abandon or leave unattended the Properly. Grantor shall do all other acts,in addition to those acts set forth above In this section,which from the character and use of the Property are reasonably necessary to protect and preserve the Property. DUE ON SALE-CONSENT BY LENDER. Lender may,at Lender's option,declare Immediately due and payable au sums secxrred by this Mortgage upon the sale or transfer,without Lender's prior written consent.of all or any part of the Real Property,or any interest In the Real Property. A'sale or transfer'means the conveyance of Real Property or any right, U11a ar Interest In the Real Properly;whether legal,beneficial or equitable;whether voluntary or Involuntary;whether by outright sale,deed,Instollment sale contract,land contract,contract for dead,leasehold interest with a term greater than three(3)years,lease-option contract,or by sale,assignment,or transfer of any beneficial Interest in or to any land trust holding UUe to the Real Property,or by any other method of conveyance or an Interest in the Real Property. However,this option shall not be exercised by lender If such exercise Is prohibited by federal law or by Pennsylvania low. TAMS AND LIENS. The fallowing provisions relating to the-axes and liens an the Property are part of this Mortgage: Payment. Grantor shall pay when due(and in eft events prior to delinquency)all taxes,payroll taxes,special taxes, assessments,water charges and sewer service charges levied against or an account of the Property,and shell pay when due all claims for work done on or for services rendered or material furnished to the Property. Grantor shall maintain the Property free of any hens having priority over or equal to the interest of Lendar under this Mortgage, except for those[Ions specifically agreed to In writing by Lander,and except for the flan of taxes and assessments not due as further specified In the Right to Contest paragraph. Right to Contest. Grantor may withhold payment of any tax.assessment,or dalm In connection with a good faith dispute over the obligation(a pay,ao long as Lender's Interest In the Property Is not Jeopardized. If a Ilan arises or Is filed as a result of nonpayment,Grantor shalt within fifteen(15)days after the Ilan arises or,if a lien is rued, within fifteen(15)days after Grantor has notice of the filing,secure the discharge of the Ilan,or if requasted by Lender,deposit with Lender cash or a sufficient corporate surety bond or other security satisfactory to Lender In an amount sufficient to discharge the Ilan plus any costs and reasonable attorneys'fees,or other charges that could accrue as a result of a foreclosure or sale under the ten. In any contest,Grantor shall defend itself and lender and shalt satisfy any adverse Judgment before enforcement against the Property. Grantor shat name lender as an additional obligee under any surety bard furnished in the coded proceedings. Evidence of Paymerd. Grantor shalt upon demand furnish to Lender satisfactory evidence of payment of the taxes or assessments and shall authorize the appropriate governmental official to deliver to Lender at any time a written statement of the taxes and assessments against the Property. Notice of Construction. Grantor shall notify Lander at least fifteen(15)days before any work is commenced,any services ate furnished,or any materiels are supplied to the Property,If any mechanic's lien,moterialmen s Ilan,or other Ilan could be asserted on account of the work,services,or materials. Grantor will upon request of Lender furnish to Lender advance assurances satisfactory to Lender that Grantor can and will pay the cost or such Improvements. PROPERTY DAMAGE INSURANCE The following provisions relating to Insuring the Property are a part of this Mortgage: Maintenance of Insurance. Granter shall procure and maintain policies of Pre Insurance with standard extended coverage endorsements on a replacement basis for the full insurable value covering all Improvements on the Real Property In an amount sufficient to avoid application of any coinsurance clause,and with a standard modgagae clause In favor of Lender. Grantor shall also procure and maintain comprehensive general liability Insurance In such coverage amounts as Lender may request with Lander being named as additional Insureds In such liability insurance policies. Additionally.Grantor shall maintain such other Insurance,Including but not limited to hazard,business interruption and ballet Insurance as Lender may require. Policies shall be written by such Insurance companies and in such form as may be reasonably acceptable to Lender. Grantor shall deliver to Lander certificates of coverage from each Insurer containing a stipulation that coverage will not be cancelled or diminished without a mintmumh of thirty(30)days'prior written notice to Lender and not containing any disclaimer of the Insurer's liability far failure to give such notice. Each Insurance paicy otso shati Include on endorsement providing that coverage In favor of MORTGAGE (Continued) Page 3 Lender will not be Impaired in any way by any act,omission or default of Grantor or any other person. Should the Real Property be located In an area designated by the Director of the Federal Emergency Management Agency as e special flood hazard area,Grantor agrees to obtain and maintain Federal Flood Insurance,If available,within 45 days after notice Is given by Lender that the Property is located In a special flood he" area,for the fug unpaid principal balance of the loan and any prior(lens on the property securing the loan,up to the maximum policy limits set under the National Flood Insurance Program, or as otherwise required by Lender, and to madnteln such Insurance for the tern of the loan. Application of Proceeds. Grantor shall promptly notify Lender of any fear or damage to the Property. Lender may make proof or loss If Grantor falls to do so within fifteen(15)days of the casualty. Whether or net Lender's security Is Impaired,Lender may,of Lender's election,receive and retain the proceeds of any Insurance and apply the proceeds to the reduction of the Indebtedness,payment of any tion affecting the Property,or the restoration and repair of the Property. If Lender elects to apply the proceeds to restoration and repair,Grantor shall repair or replace the damaged or destroyed Improvements In a manner satisfactory to Lender. Lender shall, upon satisfactory proof of such expenditure,pay or reimburse Grantor from the proceeds for the reasonable cost of repair or restoration If Grantor Is not In default under this Mortgage. Any proceeds which have not been disbursed within 160 days after their receipt and which Lander has not committed to the repair or restoration of the Property shall be used first to pay any amount owing to Lander under this Mortgage,then to pay accrued interest,and the remainder.If any,shag be applied to the principal balance of the Indebtedness. If Lender holds any proceeds after payment in full of the Indebtedness,such proceeds shall be paid to Grantor as Grantor's interests may appear. LENDER'S EXPENDITURES. If any action or proceeding Is commenced that would materially affect Lander's Interest In the Property or if Grantor falls to comply with any provision of this Mortgage or any Related Documents,Including but not limited to Granter's failure to discharge or pay when due any amounts Grantor Is required to discharge or pay under this Mortgage or any Related Documents,Lander on Grantees behalf may(but shall not be obligated to)take any action that Lender deems appropriate,Including but not limited to discharging or paying all taxes,gens, security Interests, encumbrances and other claims, at any time levied or placed on the Property and paying all costs for Insuring, maintaining and preserving the Property. All such expenditures Incurred or paid by Lander for such purposes will than bear Interest at the rate charged under the Note from the date Incurred or paid by Lender to the date of repayment by Grantor. All such expenses will become a part of the Indebtedness and,at Lendoes option,will (A) be payable on demand; (B) be added to the balance of the Note and be apportioned among and be payable with any instatimant payments to become due during either (1) the term or any applicable Insurance policy;or (2) the remaining term of the Note;or (C) be treated as a balloon payment which will be due end payable at the Note's maturity. The Mortgage also will secure payment of those amounts. Such right shall be In addition to all other rights and remedies to which Lender may be entitled upon Default. Grantors obilgagcn to Lender for all such expenses shall survive the entry of any mortgage foreclosure Judgment. WARRANTY;DEFENSE OF TITLE. The following provlstons relating to comoship of the Property are a part of this Mortgage: Tftlo. Grantor warrants that (a)Grantor holds good and marketable titre of record to the Property In fee simple, free and dear of all gens and encumbrances other than those set forth In the Real Property description or In any Una insurance policy,title report,or final title opinion Issued In favor of,and accepter!by,Lender In connection with this Mortgage,and (b)Grantor has the full right,power,and authority to execute and deliver this Mortgage to Lender. Defense of,Title. Subject to the exception in the paragraph above,Grantor warrants and will forever derand the tide to the Property against the lawful dalms of all persons. In the event any action or proceeding is commenced that questions Granter's titre or the Interest of Lender under this Mortgage,Grantor shall defend the action at Grantors expense. Grantor may be the nominal party in such proceeding, but Lander shall be entified to participate In the proceeding and to be represented In the proceeding by caunsel of Lenders own choice,and Grantor will deliver,or cause to be delivered,to Lender such Instruments as Lender may request from time to time to permit such patidpaUon. Compliance With Laws. Granter warrants that the Property and Granters use of the Property compiles with all existing applicable laws,ordinances,and regulations of governmental authorities. Survival of Representations and Warranties. All representations,warranties,and agreements made by Grantor In this Mortgage shag survive the execution and delivery of this Mortgage,shall be continuing In nature,and shag remain in full force and affect until such time as Grantors Indebtedness shall be paid In full. ( CONDEMNATION. The following provlrtoas relating to condemnation proceedings are a pat of this Mortgage: Proceedings. If any proceeding in condemnation Is riled,Grantor shall promptly notify Lender In writing,and Grantor shall promptly take such steps as may be necessary to defend the action and obtain the award. Grana may be the nominal parry in auch proceeding,but Lender shall be entitled to perticlpsto In the proceeding and to be represented In the proceeding by counsol of Its own cholce,and Grantor will deliver or cause to be delivered to Lander such Instruments and documentation as may be requested by Lander►rem time to time to permdl such participation. Application of Not Proceeds. If all or any pat of the Property Is condemned by eminent domain proceedings or by . any proceeding or purchase In lieu of condemnation,Lander may of its election require that 211 or any potion of the net proceeds of the award be applied to the Indebtedness at the repair or restoration of the Property. The not proceeds of the award shalt mean the award after payment of all actual costs,expenses,and attameys'fees incurred by lender In connection with the condemnation. IMPOSITION OF TAXES,FEES AND CHARGES BY GOVERNMENTAL AUTHORiTIES, The following provisions misting to governmental taxes,fees and charges are a part of this Mortgage: Current Texas,Fees and Charges. Upon request by Lender.Grantor shall execute such documents In addition to this Mortgage and take whatever other action Is requested by tender to perfect and continue Landers gen an the Real Property. Grantor shall reimburse Lender for all taxes, as described below, together with all expenses Incurred In recording, perfecting or continuing this Mortgage. Including without limitation all taxes, fees. documentary stamps,and other charges fa recording or registering this Mortgage. Taxes. The following shag constitute taxes to which this section applies: (1) a specific lax upon this type of Mortgage or upon all or any pat of the indebtedness secured by this Mortgage; (2) a spacific tax on Grantor which Grantor Is autharized or required to deduct from payments an the Indebtedness secured by this typo of Mortgage; (3) a lax on this type or Mortgage chargeable against the Lender or the holder of the Note;and (4) a specific tax an ail or any portion of the indebtedness or on payments of principal and Interest made by Grantor. Subsequent Taxes, if any tax to which this section applies Is enacted subsequent to the date of this Mortgage, this avant shall have the same efrect as an Event or Default,and Lender may exercise any or all of its available remedies for an Event of Datsun as provided below unless Grantor ether (1) pays the tax before It becomes MORTGAGE (Continued) Page 4 dellnquent.or (2) contests the tax as provided above In the Taxes and Uens section end deposits with Lender cash or a sufficient corporate surely bond or other security satisfactory to Lender. SECURITY AGREEMENT;FINANCING STATEMENTS, The following provisions relating to this Mortgage as a security agreement aro o part of this Mortgage: Security Agreement. This instrument shag constitute a Security Agreement to the extent any of the Property constitutes fixtures,and tender shag have ail of the rights of a secured party under the Uniform Commercial Cade as amended from Ume to lime. Security Interest. Upon request by Lander,Grantor shag take whatever action Is requested by Lender to perfect and continue Lender's security Interest In the Rents and Personal Property. In addition to recording this Mortgage in the real property records,Lender may,at any Ume and without further authorization from Grantor.file executed counimparts,copies or reproductions of this Mortgage as a financing statement. Grantor shell mimbume Lender for all expenses Incurred In perfecting or continuing this security iniamat. Upon default,Grantor shell not remove, sever or detach the Personal Properly from the Properly. Upon default, Grantor shall assemble any Personal Property not affixed to the Property in a manner and at a place reasonably convenient to Grantor and Lender and make It evallable to Lender within three(3)days after receipt of written demand from Lander to the extent permitted by applicable lane. Addresses. The mailing addresses of Grantor (debtor) end Lander(secured parry) from which information conceming the security interest granted by this Mortgage may be ablalned (each as required by the Uniform Commercial Code)are as slated on the first page of this Mortgage. FURTHER ASSURANCES;ADDITIONAL AUTHORIZATIONS. The following provisions relating to further assurances and additional authorizations are a part of this Mortgage: Fudher Assurances. At any time,and from Ume to lime,upon request of Lender,Grantor will make,execute and deliver,or will cause to be made,executed or delivered,to Lender or to Landers designee,and when requested by Lender,cause to be filed,recorded,refiled,or rerecorded,as the case may be,at such times and In such offices and places as Lender may deem appropriate,any and all such mortgages,deeds or trust,security deeds,security agreements, financing statements, continuation statements, Instruments of further assurance,certificates, and other documents as may,In the sale opinion of Lender,be necessary or desirable In order to afrecluals,complete, perfect, continue, or preserve (1) Grantor's obligation under the Note, this Mortgage, end the Related Documents,and (2) the gens and security Interests created try this Mortgage as first and prior liens an the Property,whether now owned or hereafter acquired by Grantor. Unless prohibited by law or lender agrees to the contrary in writing,Grantor shall reimburse Lender for all coals and expenses incurred In connection with the matters referred to In this paragraph. Additional Authorizations. If Grantor falls to do arty of the things referred to in the preceding paragraph,Lander may do so for and In the name of Grantor and at Grantor's expense. For such purposes, Grantor hereby Irrevocably authorizes Lander to make,execute,deliver,file,record and do all other things as may be necessary or desirable, in Lander's sole opinion, to accomplish the maters referred to In the preceding paragraph. It Is understood that nothing set forth herein shall require Lander to lake any such actions. FULL PERFORMANCE. If Grantor pays all the Indebtedness when due,and otherwise perforans all the obligations imposed upon Grantor under this Mortgage,Lender shall execute and deliver to Grantor a suitable satisfaction of this Mortgage and sultalae statements of termination of any financing statement on file evidencing Lender's security interest In the Rents and the Personal Property. Grantor will pay,If permitted by applicable low,any reasonable termination fee as determined by Lander from Ume to time. EVENTS OF DEFAULT. Each of the following,at Lender's option,shag constitute an Event of Default under this Mortgage: Payment Default Grantor fails to make any payment when due under the Indebtedness. Default an Other Payments. Failure of Grantor within the Ume required by this Mortgage to make any payment for lazes or Insurance,or any other payment necessary to prevent filing of or to affect discharge of any gen. Other Defaults. Grantor fans to comply with or to perform any other term,obligation, covenant or condition contained In this Mortgage 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 Grantor. Default In Favor of Third Partles. Should Grantor default under any loan,extension or cmdl4 security agreement, purchase or sales agreement or any other agreement,In favor of any other creditor or person that may materially affect any of Grantor's property or Grantor's ability to repay the Indebtedness or Granter's ability to perform Grantor's obligations under this Mortgage or any of the Related Documents, False Statements. Any warranty, representation or statement made or furnished to Lender by Grantor or an Grantor's behalf under this Mortgage 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 Ume thereafter. DafecUvo Callsterallzatlon. This Mortgage or any of the Related Documents ceases to be In full(arca and affect (including failure of any collateral document to create a valid and perfected security Interest or Ilan)at any time and for any reason. Death at Insolvency. The death or Grantor,the Insolvency of Grantor,the appointment or a receiver for any part of Grantor's property, any assignment for the benefit of creditors, any type of creditor workout, or the commencehhent of any proceeding under any bankruptcy or Insolvency laws by or against Grantor. Creditor at Forfelture Proceedings. Commencement of foreclosure or forfeiture proceedings,whether by Judicial proceeding,self-help,repossession or any other method,by any creditor or Grantor or by any governmental agency agahlst any property securing the Indebtedness. This Includes a gemishment of any of Grantor'a accounts, Including deposit accounts,with Lender, However,this Event of Default shall not appy If there Is a good faith dispute by Grantor as to the validity or reasonableness of the clelm which is the basis of the creditor or forfeiture proceeding and Ir Grantor gives lender written notice of the creditor or fortellure proceeding and deposits with Larder manias or a'surely bond for the creditor or forfeiture proceeding,In an amount determined by Lender,in Its sole discretion,as being an adequate reserve or band for the disputa. Breach of Other Agrsament. Any breach by Grantor under the temha of any other agreement botwean Grantor and Lender that is not remedied within any grace period provided t hemin,including without limitation any agreement concerning eery indebtedness or other obligation of Grantor to Lender,whether existing now or later. Events Affecting Guarantor. Any of the preceding events occurs with respect to any guarantor,endorser,surety, or accommodation party of any of the Indebtedness or any guarantor,endorse,surety,or eccommodaUon party dies or becomes Incompetent, or revokes or disputes the validity of, or llabnlly under, any Guaranty of the MORTGAGE (Continued) Page 5 Indebtedness. Adverse Change. A material adverse change occurs In Grantor's financial condition,or Lender believes the prospect of payment lir performance of the Indebtedness Is Impaired. insecurity. Lender In good faith believes itself Insecure. RIGHTS AND REMEDIES ON DEFAULT. Upon the occurrence of an Event or Default and at any Uma thereafter.Lender, at Lender's option,may exammse any one or mom of the following rights and remedies,In addition to any other rights or remedies pmNded by law: Accelerate Indebtedness. Lender shall have the right at Its option, alter giving such notions as required by applicable law.to declare the entire indebtedness immedlately due and payable. UCC Remedies. With respect to all or any part of the Personal Property,Lender shall he"an the rights and remedies of a cewred party under the Uniform Commercial Code. Collect Rents. Lender shall have the right,without notice to Grantor,to take possession of the Property and,with or without taking possession of the Property,to collect the Rents,including amounts past due and unpaid.and apply the net proceeds,over and above Lender's coats,against the Indebtedness. In furtherance of this right, Lender may require any tenant or other user of the Properly to make payments of rem or use fees directly to Lender. If the Rends are collected by Leader,then Grantor Irevatably authorizes Lender to endorse Instruments mcehred In'payment thereof In the name of Grantor and to negotiate the same and collect the proceeds. Payments by tenants or other users to Lender In response to Landers demand shall satisfy the obligations for which the payments are made,whether or not any proper grounds for the demand existed. Lender may exercise Its rights under this subparagraph either In person,by agent,lir through a receiver. Appoint Receiver. Lender shell have the right to have a receiver appointed to take possesslan of all or any pari of the Property,with the power to protect end preserve the Property,to operate the Properly preceding foreclosure or sale, and to collect the Rents from the Property and apply the proceeds, over and above the cost of the receivership against the Indebtedness. The receiver may serve without bond If permitted by law. Lender's right to the appointment of a receiver shall exist whether or not the apparent value of the Property exceeds the Indebtedness by a substantial amount Employment by Lender shall not disqualify a person from serving as a receiver. Judicial Foreclosure. Lander may obtain a Judicial decree foreclosing Grantor's Interest in an or any part of the Properly. Possession of the Property. For the purpose of procuring possession of the Property,Grantor hereby autharizes and empowers any attorney of any court of record In the Commonwealth of Pennsylvania or elsewhere,es attorney for Lender and all persons claiming under or through Lender,to sign an agreement for entering in any competent court an amicable action In ejectment for possession of the Property and to appear for and confess judgment against Grantor, and against all persons claiming under or through Grantor, for the recovery by Lender of possession of the Property,without any slay of execution,for which this Mortgage,or a copy of this Mortgage verified by aRldavit,shall be a sufftclent warrant;and thereupon it writ of possession may be Issued forthwith, without any prior writ or proceeding whatsoever. Nonjudtdal Sale. If permitted by applIcabie law,Lender may foreclose Grenlor's Interest In all or In any pari of the Personal Property or the Real Property by nonqudiclal sale. Deficiency JudgrronL Lender may obtain a judgment for any deficiency remaining In the Indebtedness due to Lender after application of all amounts received from the exercise of the rights provided in this seCtlan. Tenancy of Sufferance. If Grantor remains In possession of the Property after the Property is sold as provided above or Lender olherwlse becomes entitled to possession of the Property upon default of Grantor,Grantor shall become a tenant at sufferance of Lender or the purchaser of the Properly,and shall,at Landeer.option,either (1) pay a reasonable rental for the use of the Properly,or (2) vacate the Property immedlately upon the demand of Lender. Other Remedles. Lender shall have all other rights and remedies provided In this Mortgage or the Note or available at law or In equity. Salo of the Property. To the extent permitted by applicable law,Grantor hereby waives any and all right to have the Property marshalled. In exercising Its rights and turnstiles,Lender shall be free to sell sit or any part of the Property together or separately.In one sale or by separate sates. Lender shall be entitled to bid at arty public sale on all or any pardon of the Property. Notice of Sofa. Lender shall give Grantor reasonable notice of the time and place of any pub6c'eale of the Personal Property or of the time after which any private sale or other Intended disposition of the Personal Property In to be made. Unless otherwise required by applicable law,reasonable notice shall mean notice given at least len(10) days before the time of the sale or dlsposltion. Any safe of the Personal Properly may be mode In conjunction with any sale of the Real Property. Election of Remedies. Section by Lender to pursue any remedy shall not exclude pursuit of arty other remedy,and an election to make expenditures or to lake actlan to perform an obligation of Grantor under this Mortgage,after Granters felture to perform,shall not affect Lender's right to declare a default and exercise Its remedies. Nothing under this Mortgage or otherwise shall be construed so as to limit or restrict the rights and remedies available to Lender fallowing an Event of Default,or In any way to limit or restrict the rights and ability of Lender to proceed directly against Grantor and/or against any other co-maker,guarantor,surely or endorser and/or to proceed against any other collateral directly or Indirectly securing the Indebtedness. Attorneys'Fees•,Expanms. If Lender Institutes arty suit or action to enforce any of the temns of this Mortgage, Lender shall be entitled to recover such sum as the court may adjudge reasonable as attorneys'fens at trial and upon any appeal. Whether or not any Court action Is Involved, and to the extent not prohibited by low,all reasonable expenses Lender Incurs that In Lender's opinion are necessary at any time for the pmtedion of Its Interest or the enforcement of Its rights shall become a purl of the Indebtedness payable an demand and shall bear Interest at the Note rete from the date or the expanditum unlit mpold. Expenses covered by this paragraph Include, without limitation,however subject to any limits under applicable low,Lender's reasonable attorneys'fees and Lenders legal expenses,whether or not there Is a lawsuit,Including reasonable attorneys'fees and expenses for bankruptcy proceedings(Including efforts to modify lir vacate any automatic stay or Injunction),appeals,and any anticipated postjudgment collection services, the cost of searching records, obtaining title reports pnduding foreclosure reports), surveyors' reports, and epprelsat fees and title Insurance, to the extent permitted by applicable law. Grantor also will pay any court costs,In addition to all other sums provided by law. NOTICES. Unless otherwise provided by applicable law,any notice required to be given under this Mortgage shall be given in writing, and shall be effective when actually delivered, when actually received by tetefacsimile (unless MORTGAGE (Continued) Page 6 Otherwise required by law),when deposited with a nationally recognized overnight courier,or.If malted,when deposited In the United Slates mall,as first class,certified or registered mall postage prepaid,directed to the addresses sham Haar the beginning of this Mortgage. All copies of notices of foreclosure from the holder of any hen which has priority over this Mortgage shall be sent to Lender's address,as shown near the boglnning of this Mortgage. Any party may change its address for notices under this Mortgage by giving formal written notice to the other parties,specifying that the purpose of'the notice is to change the part's address. For notice purposes. Grantor agrees to keep Lender Informed at an times of Grantar's current address. Unless otherwise provided by applicable law,if(hare Is more then one Grantor,any notice given by Lender to any Grantor Is deemed to be notice given to all Grantors. MISCELLANEOUS PROVISIONS. The following miscellaneous previsions are a part of this Mortgage: Amandmante. This Mortgage,together with any Related Documents,constitutes the entire understanding and agreement of the parties as to the matters set forth In this Mortgage. No alteration of or amendment to this Mortgage shall be affective unless given In willing and signed by the party or parties sought to be charged or bound by the alteration or amendment. Annual Reports. Ir the Property Is used for purposes other titian Granters residence,Grantor shall fumish to Lender,upon request,a certified statement of net operating Income received from the Property during Grantors previous fiscal year In such form and detall as Lender shall require. "Not operating Income shell mean all cash recalpts from the Property less Ea rash expenditures made In connection with the operation of the Property. Caption Headings. Caption headings in lids Mortgage are for convenience purposes only and aro not to be used to Interpret or detlne the provisions of this Mortgage. Governing Law, This Mortgage will be governed by federal law applicable to Lender and, to the extant not preempted by federal law,the laws of the Commonwealth of Pennsylvania without regard to He conflicts of law provisions. This Mortgage hes been accepted by Lender In the Commonwealth of Pennsylvania. Choice of Venue. If there is a lawsuit.Grantor agrees upon Landoes request to submit to the jurisdiction of the courts of Dauphin County.Commonwealth of Pennsylvania. No Waiver by Lender. Lender shall not be deemed to have waived any rights under this Mortgage unless such waiver is given In writing and signed by Lender. No delay or omisston on the part of Lender In exercising any right shall operate as a waiver of surds right crony other right. A waiver by Lender of a provision of this Mortgage shall not prejudice or constitute a waiver of Lender's right otherwise to demand sidat compliance with that provision or any other provision of tlrls Mortgage. No prior waiver by Lender,nor any course of dealing between Lender end Grantor,Shall constitute a waiver of any of Lender's rights or of any or Grantors Obiigations as to any future transactions. Whenever the consent of Lender Is required under this Mortgage,the gronling of such consent by Lender In any instance shall not constitute continuing consent to subsequent Instances where such consent Is required and In ell cases such consent may be granted or withheld In the sole discretion of Lender. Soveroblilly. If a court of competent jurisdiction finds any provision of this Mortgage to be Illegal,Invalid,or unenforceable as to any circumstance, that finding shall not make the offending provision illegal, Invalid, or unenforceable as to any other circumstance. If feasible,the offending provision shall be considered modified on that It becomes fagot,valid and enforceable. If the offending provision cannot be so modified, It shall be considered deleted from this Mortgage. Unless otherwise required by law, the illegality, Invalidity, or unenforcesbilily of any provision of this Mortgage shall not affect the legality,validity or enforceability of any other prevision of this Mortgage. Merger. Thera shall be no merger of the Internist or estate created by this Mortgage with any other Interest or estate In the Property at any time held by or for the benefit of Lender in any capacity,without the written consent of Lender. Successor Intarests.The terms of this Mortgage Shall be binding upon Grantor,and upon Gran toer heirs,personal representatives,successors,and assigns,and shall be enforceable by lender and Its sucowsors and assigns. Time fa or Ore Essence. Time Is of the essence In the performance or this Mortgage. Waive Jury. All parties to this Mortgage hereby waive the right to any jury trial In any action,proceeding,or counterclaim brought by any party against any other party. DEFiNMONS. The following capitalized wards and terms shall have the following meanings when used In this Mortgage. Unless specifically stated to the contrary,all references to dollar amounts shall mean amounts In lawful money of the United States of America. Words and terms used In the singular shall Include the plural,and the plural shall Include the singular,as the context may roqulra. Words and terms not Otherwise defined In this Mortgage shell have the meanings attributed to such terms In the Uniform Commercial Code: Borrower. Tire word'Borrower"means Frederick L Sullenberger and Includes all co-signers and co-makers signing the Note and all their auccessom and assigns. Default. The word"Default"means the Default set forth In this Mortgage In the section Utied"Default'. Environmental Laws. The words "Environmental Lows• mean any and all stale, federal and local statutes, regulations and ordinances retailing to the protection of human health or the enviro ment, including without limitation the Comprehensive Environmental Response,Compensation,and Lfablllty Act of 1980,as emended,42 U.S.C.Section 9601,at seq.('CERCLA"),the Superfund Amendments and Reauthadzallon Ad of 1888,pub.L No.89499("SARA"),the Hazardous Materials Transportation Act,49 U.S.C.Section 1801,at seq.,the Resource Conservation and Recovery Act,42 U.S.C.Section 6901,at seq.,or other applicable state or federal laws,rules, or regulations adopted pursuant thereto. Event of Default. The words'Event of Default'mean any of the events of default set forth In this Mortgage in the events of default section of this Mortgage. Grantor. The word"Grantor'means Frederick L Sufienberger. Guaranty. The word'Guaranty"means the guaranty from guaranlor,endorser,surety,or accommodation party to Lender.Including without limitation a guaranty of all or part of the Note. Hazardous Substances. The words"Hazardous Substances"mean materials that, because of their quantity, concentration or physical,chemlcal or Infac lous characteristics,may cause or pose a present or potential hazard to human health or the erMromnent when Improperly used,treated,stored,disposed of,generated,manufactured, transported or otherwise handled. The words'Hazardous Substances"are used In tho4 very broadest sense and Include without Umlietion any and all hazardous or sande substances,materials or waste as defined by or listed under the Environmental Lewis. The term'Hazardous Substancoe also Includes,without Ilmhation,petroleum and petroleum byproducts or any fraction thereat and asbestos. Improvements. The ward 'Improvements"means ail exlsfing and future Improvements, buildings, structures, MORTGAGE (Continued) Page 7 mobile homes affixed on the Real Property,facilities,additions,replacements and other construction on the Real Property. Indebtedness. The word'Indebtedness"means all principal.Interest,and other amounts,costs and expenses payable under the Note or Related Documents, together with all renewals of, extensions of,modifications of, consolidations of and substitutions for the Note or Related Documents and any amounts expanded ar edvanced by Lendar to discharge Grantor's obligations or expenses Incurred by Lender to enforce Grantor's obligations under this Mortgage,together with Interest on such amounts as provided In this Mortgage. Lender. The word'Lander'means Halifax National Bank,its successors and assigns. Mortgage. The word"Mortgage means this Mortgage between Grantor and Lender. Note. The word'Note"means the promissory note dated June 10,2010,in the origins)principal amount of $207,000.00 from Grantor to Lender, together with eD renewals of, extenslons of, modifications of, refinancings of,consolidations of,and substitutions for the promissory note at agreement. The maturity date of the Note Is June 10,2015. Personal Property. The words"Personal Property'mean all equipment,fixtures,and other articles of personal property now or hereafter owned by Grantor,and now or hereafter attached or affixed to the Real Property, together with all aecesslons,parts,and additions to,all replacements of,and ell substitutions for,any of such property; and together with all proceeds (Including without limitation ell Insurance proceeds and refunds of premiums)from any sale or other disposhlon or the Property. Property. The word"Property'means collectively the Real Property and the Personal Properly. Real Property. The words"Real Property"mean the real property.Interests and rights,as further described In this Mortgage. Rotated Documents. The words 'Related Documents" mean all promissory notes, credit agreements, lean agreements, environmental agreements, guaranties, security agreements, mortgages, deeds of trust, security deeds,collateral mortgages,and all other Instruments, agreements and documents, whether now or hereafter existing,executed In connection with the Indebtednesa. Renta. The word'Rents'means e6 present and future Penta,revenues,Income,Issues,royalties,profits,and other benefits derived from the Property. GRANTOR ACKNOWLEDGES HAVING READ ALL THE PROVISIONS OF THIS MORTGAGF,AND GRANTOR AGREES TO ITS TERMS. THIS MORTGAGE 15 GIVEN UNDER SEAL AND IT 15 INTENDED THAT THIS MORTGAGE IS AND SHALL CONSTffuTE AND HAVE THE INFECT OFA SEALED INSTRUMENT ACCORDING TO LAW. GRANTOR* Z�7 X Seen Fred 7 k L Sulle0brilar CERTIFICATE OF RESIDENC I hereby ceNy,that the precise address of the mortgagee Halifax Nationef 8 In la ee follows: a division of Riverview Nacional Bank,Third and Market Stroots,PO Box A, A 17 2 Ano or Agent for Morigagas JOSE D. KERWIN, ESQ. INDIVIDUAL ACKNOWLEDG ENT COMMONWEALTH OF PENNSYLVANIA ) 1u COUNTY OF DAUPHIN ) On thisthe 10th day at June —2010 :before ma T1na T.. T. nv a undersigned Notary Public, personally appeared Frederick L Sullanbergar, known to me(or sati actorily proven)to be the person whose name Is subscribed to the within Instrument, and acknowledged that he or she executed the same for the purposes therein ontalned. In witness whereof,I hereunto not my hand and official s a. COMMONWEALTH OF PENNSYLVANIA Notat1al Seal Notary Public In and for the Stale of Pe U 1yania 71nD L UoW.Notary PublicIN ton wp-, , Mycommisalon Dauphin County Explref:Sept.13,?013 Mamber,I�nnn++�nrnASA7^r znn,!ar w f rK LASER PRO Lending,Ver,5.51.0 . 02"Copt.Hartand Financial Solutions,Inc.1997,2010. An ry Rights } ,j, ''s?. PA K:ICFIU.PL1G03.FC TR-3288 PR-26 8 ROBERT P. ZIEGLER RECORDER OF DEEDS _. . CUMBERLAND COUNTY 1 COURTHOUSE SQUARE CARLISLE, PA 17013 ,• = 717-•240-6370 Instrument Number-201016458 Recorded On 6/22/2010 At 11:50:29 AM *TotaI Pages-9 *Instrument Type-MORTGAGE Invoice Number-67764 User ED-AF *Mortgagor-SULLENBERGER,FREDERICK L *Mortgagee-HALIFAX NATIONAL BK y Customer-KERWIN&RE,RWIN *FEES STATE WRIT TAX $0.50 Certification Page STATE JCS/ACCESS TO $23.50 JUSTICE DO NOT DETACH RECORDING FEES — $19.50 RECORDER OF DEEDS Thisa e is now art PARCEL CERTIFICATION $10.00 p g p FEES of this legal document. AFFORDABLE HOUSING $11..50 COUNTY ARCHIVES FEE $2.00 ROD ARCHIVES FEE $3.00 TOTAL PAID $70.00 I Certify this to be recorded in Cumberland County PA ��Op cu�e� v a RE,ECORDE/R O D EDS nso *-Information denoted by an asterisk may change during the verification process and may not be reflected on this page. 0002JJ IIIIIIIIIIIII�I III II II III l IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA C-) p RIVERVIEW BANK, f/k/a z c= Fn FIRST NATIONAL BANK OF N �' �m MARYSVILLE, a Division of <o RIVERVIEW NATIONAL BANK, CIVIL ACTION - LAVg� Plaintiff '_ ; vs. NO. 14 — qS7 y <-D FREDERICK L. SULLENBERGER I Mortgagor and Real Owner, MORTGAGE FORECLOSURE Defendant NOTICE OF RESIDENTIAL MORTGAGE FORECLOSURE DIVERSION PROGRAM You have been served with a foreclosure complaint that could cause you to lose your home. If you own and live in the residential property which is the subject of this foreclosure action, you may be able to participate in a court-supervised conciliation conference in an effort to resolve this matter with your lender. If you do not have a lawyer, you must take the following steps to be eligible for a conciliation conference. First, within twenty(20) days of your receipt of this notice, you must contact MidPenn Legal Services at(717) 243-9400 extension 2510 or(800) 822-5288 extension 2510 and request appointment of a legal representative at no charge to you. Once you have been appointed a legal representative, you must promptly meet with that legal representative within twenty(20) days of the appointment date. During that meeting, you must provide the legal representative with all requested financial information so that a loan resolution proposal can be prepared on your behalf. If you and your legal representative complete a financial worksheet in the format attached hereto, the legal representative will prepare and file a Request for Conciliation Conference with the Court, which must be filed with the Court within sixty (60) days of the service upon you of the foreclosure complaint. If you do so and a conciliation conference is scheduled, you will have an opportunity to meet with a representative of your lender in an attempt to work out reasonable arrangements with your lender before the mortgage foreclosure suit proceeds forward. If you are represented by a lawyer, you and your lawyer must take the following steps to be eligible for a conciliation conference. It is not necessary for you to contact MidPenn Legal Service for the appointment of a legal representative. However, you must provide your lawyer with all requested financial information so that a loan resolution proposal can be prepared on your behalf. If you and your lawyer complete a financial worksheet in the format attached hereto, your lawyer will prepare and file a Request for Conciliation Conference with the Court, which must be filed with the Court within sixty (60) days of the service upon you of the foreclosure complaint. If you do so and a conciliation conference is scheduled, you will have an opportunity to meet with a representative of your lender in an attempt to work out reasonable arrangements with your lender before the mortgage foreclosure suit proceeds forward. IF YOU WISH TO SAVE YOUR HOME, YOU MPST ACT QUICKLY AND TAKE THE STEPS REQUIRED BY THIS NOTICE. THIS OG M 15gFREE. Respectful) § b ' e Date: August 4, 2014 Robert G. Radebach, Esquire Attorney for Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA RIVERVIEW BANK, f/k/a FIRST NATIONAL BANK OF MARYSVILLE, a Division of RIVERVIEW NATIONAL BANK, CIVIL ACTION - LAW Plaintiff vs. NO. FREDERICK L. SULLENBERGER Mortgagor and Real Owner, MORTGAGE FORECLOSURE Defendant REQUEST FOR CONCILIATION CONFERENCE Pursuant to the Administrative Order dated February 28, 2012 governing the Cumberland County Residential Mortgage Foreclosure Diversion Program, the undersigned hereby certifies as follows: 1. Defendant is the owner of the real property which is the subject of this mortgage foreclosure action; 2. Defendant lives in the subject real property, which is defendant's primary residence; 3. Defendant has been served with a "Notice of Residential Mortgage Foreclosure Diversion Program" and has taken all of the steps required in that Notice to be eligible to participate in a court-supervised conciliation conference. The undersigned verifies that the statements made herein are true and correct. I understand that false statements are made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. Signature of Defendant's Counsel/Appointed Date Legal Representative Signature of Defendant Date Signature of Defendant Date IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA RIVERVIEW BANK, f/k/a FIRST NATIONAL BANK OF MARYSVILLE, a Division of RIVERVIEW NATIONAL BANK, CIVIL ACTION - LAW Plaintiff vs. NO. FREDERICK L. SULLENBERGER Mortgagor and Real Owner, MORTGAGE FORECLOSURE Defendant CASE MANAGEMENT ORDER AND NOW, this day of , 20 , the defend ant/borrower in the above-captioned residential mortgage foreclosure action having filed a Request for Conciliation Conference verifying that the defend ant/borrower has complied with the Administrative Rule requirements for the scheduling of a Conciliation Conference, it is hereby ORDERED AND DECREED that: 1. The parties and their counsel are directed to participate in a court-supervised conciliation Conference on at .M. in at the Cumberland County Courthouse, Carlisle, Pennsylvania. 2. At least twenty-one (21) days prior to the date of the Conciliation Conference, the defendant/borrower must serve upon the plaintiff/lender and its counsel a copy of the "Cumberland County Residential Mortgage Foreclosure Diversion Program Financial Worksheet" (Form 2) which has been completed by the defendant/borrower. Upon agreement of the parties in writing or at the discretion of the Court, the Conciliation Conference ordered may be rescheduled to a later date and/or the date upon which service of the completed Form 2 is to be made may be extended. Upon notice to the Court of the defendant/borrower's failure to serve the completed Form 2 within the time frame set forth herein or such other date as agreed upon by the parties in writing or ordered by the Court, the case shall be removed from the Conciliation Conference schedule and the temporary stay of proceedings shall be terminated. 3. The defendant/borrower and counsel for the parties must attend the Conciliation Conference in person and an authorized representative of the plaintiff/lender must either attend the Conciliation Conference in person or be available by telephone during the course of the Conciliation Conference. The representative of the plaintiff/lender who participates in the Conciliation Conference must possess the actual authority to reach a mutually acceptable resolution, and counsel for the plaintiff/lender must discuss resolution proposals with the authorized representative in advance of the Conciliation Conference. If the duly authorized representative of the plaintiff/lender is not available by telephone during the Conciliation Conference, the Court will schedule another Conciliation Conference and require the personal attendance of the authorized representative of the plaintiff/lender at the rescheduled Conciliation Conference. 4. At the Conciliation Conference, the parties and their counsel shall be prepared to discuss and explore all available resolution options which shall include: bringing the mortgage current through a reinstatement; paying off the mortgage; proposing a forbearance agreement or repayment plan to bring the account current over time; agreeing to tender a monetary payment and to vacate in the near future in exchange for not contesting the matter; offering the lender a deed in lieu of foreclosure; entering into a loan modification or a reverse mortgage; paying the mortgage default over sixty months; and the institution of bankruptcy proceedings. 5. All proceedings in this matter are stayed pending the completion of the scheduled conciliation conference. BY THE COURT, J. Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor SHERIFF'S OFFICE OF CUMBERLAND COUNTY tv of qcE i�aF TFC: r'LD OFF C THE r r�� 1OT NOMO 0111 SEP -5 PM 2! 29 CUMBERLAND COUNTY PENNSYLVANIA Riverview Bank vs. Case Number Frederick Linn Sullenberger 2014-4574 SHERIFF'S RETURN OF SERVICE 09/02/2014 06:45 PM - Deputy Shawn Gutshall, being duly sworn according to law, served the requested Complaint & Notice by "personally" handing a true copy to a person representing themselves to be the Defendant, to wit: Frederick Linn Sullenberger at 24 Lancaster Avenue, East Pennsboro � n hip, Enola, PA 17025. TSHALL, SHERIFF COST: $79.34 SO ANSWERS, September 03, 2014 ((.•.) Cou^tyS uile Sherif?, Teleosoft, Inc. 9R- RON R ANDERSON, SHERIFF PUTY Robert Radebach, Esquire 912 North River Road Halifax, PA 17032 717-896-2666 robradebachatty@aol.com Attorney for Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA RIVERVIEW BANK, f/k/a HALIFAX NATIONAL BANK, a Division of RIVERVIEW : CIVIL ACTION - LAW NATIONAL BANK, Plaintiff : NO: 2014-4574 vs. FREDERICK L. SULLENBERGER Mortgagor and Real Owner, and : THE UNITED STATES OF AMERICA Defendants PRAECIPE TO REINSTATE COMPLA TO THE PROTHONOTARY: Kindly reinstate the Complaint in the matter Dated: September (o , 2014 Robert . Radebach, Esquire 912 North River Road Halifax, PA 17032 717-896-2666 ID. 19255 41/.79 /91 at/3e7 04-3( ogo,s' Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor SHERIFF'S OFFICE OF CUMBERLAND COUNTY Y .r. qu (HONG' 61 SEP 23 AMIr..00 CUNBERL PEt`t��e�s ��LVANIAtF� c @FxlCB OF "k6 5! :EFIFF Riverview Bank vs. Frederick Linn Sullenberger (et al.) Case Number 2014-4574 SHERIFF'S RETURN OF SERVICE 09/06/2014 12:15 PM - The requested Complaint in Mortgage Foreclosure served by the Sheriff of Dauphin County upon Susan Melendez, Legal Assistant, who accepted for United States of America, at 228 Walnut Street, Suite 220, Federal Building, Harrisburg, PA 17108. Jack R. Lotwick, Sheriff, Return of Service attached to and made part of the within record. 09/10/2014 Sheriff Ronny R Anderson,' being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit: United States of America, but was unable to locate the Defendant in the Sheriffs bailiwick. The Sheriff therefore deputizes the Sheriff of Dauphin, Pennsylvania to serve the within Complaint in Mortgage Foreclosure according to law. SHERIFF COST: $37.49 SO ANSWERS, September 19, 2014 RONNY R ANDERSON, SHERIFF (c) CountySuite Sheriff Teleosofi, Inc. t. Shelley Ruhl Real Estate Deputy Matthew L. Owens Solicitor Commonwealth of Pennsylvania County of Dauphin Dauphin County 101 Market Street Harrisburg, Pennsylvania 17101-2079 ph: (717) 780-6590 fax: (717) 255-2889 Jack Lotwick Sheriff Jack Duignan Chief Deputy Michael W. Rinehart Assistant Chief Deputy RIVERVIEW BANK F/K/A HALIFAX NATIONAL BANK, A DIVISION OF RIVERVIEW NATIONAL BANK VS UNITED STATES OF AMERICA Sheriffs Return No. 2014-T-2495 OTHER COUNTY NO. 2014-4574 And now: SEPTEMBER 6, 2014 at 12:15:00 PM served the within REINSTATED COMPLAINT IN MORTGAGE FORECLOSURE upon UNITED STATES OF AMERICA by personally handing to SUSAN MELENDEZ * 1 true attested copy of the original REINSTATED COMPLAINT IN MORTGAGE FORECLOSURE and making known to him/her the contents thereof at FEDERAL BUILDING, 228 WALNUT STREET HARRISBURG PA 17108 * LEGAL ASSISTANT Sworn and subscribed to before me this 18TH day of September, 2014 COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL Karen M. Hoffman, Notary Public City of Harrisburg, Dauphin County My Commission Expires January 8, 2018 So Answers, Sheriof Dauphin County P By Dep Sheriff Deputy: JESSICA KARL Sheriffs Costs: $41.25 9/15/2014 File # COUNTY OF DAUPHIN HARRISBURG, PA. J.R. LOTWICK SHERIFF OF DAUPHIN COUNTY OFFICAL RECEIPT Case Number Document Type 2014-T-2495 Operator: 2576 Primary Defendant: UNITED STATES OF AMERICA Cash Accounting REINSTATED COMPLAINT IN MORTGAGE FORECLOSURE Rec. Date Cat. Transaction Type Deposit Type Receipt Number Check From Amount 9/15/2014 Deposit County Civil Action- Notice Check 14 229187 ROBERT G. RADEBACH ATTORNEY AT LAW $41.25 Total Number of Rows: 1 9/15/2014 11:56:40 AM Total Paid $41.25 RECD. BY x0 N— ‘- 0 - Category: • Manner: UI Notes: z (.6 Ronny R Anderson Sheriff Jody S Smith Chief Deputy SHERIFF'S OFFICE OF CUMBERLAND COUNTY fl Climbe,,, 44,,4 f." OFFICE OF THE SHERIFF Richard W Stewart Solicitor Riverview Bank vs. Frederick Linn Sullenberger (et al.) Case Number 2014-4574 SERVICE COVER SHEET Service Details: 5 co Civil Action - Complaint in Mortgage Foreclosure Deputize Expires: 10/10/2014 Zone: Warrant: g [- Serve To: • Name: Ui U.. Primary Address: U.1 t— Phone: 5 co • Alternate ILI Address: Lu Phone: z - Name: co 0 N nr 1 United States of America 228 Walnut Street, Suite 220 Federal Building Harrisburg, PA 17108 DOB: [Anal Service: Served: Adult In Charge: Relation: Date: Deputy: Personally Adult In Charge • Posted Other Time: Mileage: Attorney / Originator: UNITED STATES OF AMERI Robert G Radebach [-Service Attempts: Date: Time: Mileage: Deputy: Phone: 717-896-2666 5 6 [Notes / Special Instructions: Now, September 10, 2014 I, Sheriff of Cumberland County, Pennsylvania do hereby deputize the Sheriff of Dauphin County to execute service of the documents herewith and make return thereof according to law. Return To: Cumberland County Sheriffs Office One Courthouse Square Carlisle, PA 17013 fciChuntyStifte Sherift. Teteosoft. Inc. Ronny R Anderson, Sheriff 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, Mortgagor and Real Owner, and THE UNITED STATES OF AMERICA Defendants CIVIL ACTION - LAW NO. 2014-4574 CERTIFICATE OF SERVICE AND NOW, November 19 , 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. No. 237.1(a)(1) in the above -captioned matter upon Frederick L. Sullenberger, Defendant, on November 18, 2014, by depositing the same in the United States Mail, postage prepaid and via Certificate of Mailing (see Certificate of Mailing attached hereto and hereby made a part hereof), in the post office at Harrisburg, Pennsylvania, addressed as follows: Frederick L. Sullenberger 24 Lancaster Aveu Enola, PA 1702 Robert G. Radebach, Esquire 912 North River Road Halifax, PA 17032 (717) 896-2666 I.D.# 19255 Attorney for Plaintiff UNITED STATES Certificate Of POSTAL SERVICE. Mailin9 01 Matl.ng prOvt0t$ e+.0enCe 11101 rn.1.1 hat been pitsenlea 0 USPSOo rnaomq tn. tom, may tor use0 1111 00rtieStIC 0.10 olitilIMIC01 at mid (Qin Robert G. Radebach, Esquire 912 North River Road Halifax, PA 17032 10 ad) r.„1. LAY.1,psw_hiva,k. ____SatActi _Arlo PS Form 3817 April 2007 PSN 7530-02-000.9065 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, Mortgagor and Real Owner, and THE UNITED STATES OF AMERICA Defendants CIVIL ACTION - LAW NO. 2014-4574 PRAECIPE FOR ENTRY OF JUDGMENT TO THE PROTHONOTARY: SO : ;4d 2- 33 Kindly enter judgment in favor of the Plaintiff and against the Defendant in the action above -captioned for failure to file an Answer to the Complaint within 60 days after service thereof, see Sheriffs Return filed, and within 10 days after notice of default was forwarded to the Defendant, which notice was mailed on November 19, 2014 and assess damages as follows: , Principal amount due $221,165.93 Interest from 4/25/2014 -12/02/2014 (221 days .092 d ) $9,523.55 Total $230,689.48 And costs. (c)(4(i" AND NOW, Decemberpc nd, 2014, judgment by default is hereby entered in favor of Plaintiff and against the Defendant in the actioabove-captioned in the amount of $230,689.48 together with interest at the rate -of 6% per annu\. ' Ro • ert G. Radebach, Esquire 912 North River Road Halifax, PA 17032 Attorney for Plaintiff 4 (G. so,Iij C/k13Wy py3/40407 A9/1141/ �! Proth, r(fa 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, Mortgagor and Real Owner, and THE UNITED STATES OF AMERICA Defendants CIVIL ACTION - LAW NO. 2014-4574 To: Frederick L. Sullenberger, Defendant You are hereby notified that on .2//y , the following Judgment has been entered against you in the above -ca do case - Judgment by Default for $230,689.48. `1 Date: a//y Prothonotary I hereby certify that the name and address of the proper person(s) to receive this notice under Pa. R. Civ. P. 236 is: Frederick L. Sullenberger 24 Lancaster Aveue Enola, PA 17025 Ro.ert G adeba h, Esquire 912 North River Road Halifax, PA 17032 (717) 896-2666 I.D. #19255 Attorney for Plaintiff 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, Mortgagor and Real Owner, and THE UNITED STATES OF AMERICA Defendants To: Frederick L. Sullenberger, Defendant Date of Notice: November 18, 2014 CIVIL ACTION - LAW NO. 2014-4574 IMPORTANT NOTICE Pursuant to Pa.R.C.P. No. 237.1(a}(1) YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 1-800-990-9108 717-249-3166