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Home My WebLink About05-2076 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION SOVEREIGN BANK Plaintiff vs. N 05-- :Z~7v o. ~~ DAVID L. ELLIS Defendant Confession of Judgment CONFESSION OF JUDGMENT Pursuant to the authority contained in the Warrant of Attorney, a copy of which is attached hereto, I appear for the above Defendant and confess judgment in favor of the Plaintiff, Sovereign Bank, and against the Defendant, in the amount of $545,837.80 as follows, itemized below: Principal Balance Interest through 04/05/05 Late Charges Reasonable Attorneys Fees (10%) $481,510.23 $ 14,103.74 $ 2,072.80 $ 48.151.03 Total $545,837.80, plus costs of suit. Judgment entered as above. DATED: '-1-1"6'-05 By: Benjami F. Rig s Attorney for Defen ant PA1-YGS-01-01 101 South George Street York, PA 17401 Phone: (717) 771-9456 I.D. No. 72030 .. () -: I --I ~:r: rn ;--.,) ( (51 (,,~~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION SOVEREIGN BANK Plaintiff vs. No. 05 - ,;2.. 07 <e ~ ...L.- DAVID L. ELLIS Defendant Confession of Judgment COMPLAINT FOR CONFESSION OF JUDGMENT Plaintiff, Sovereign Bank, confesses judgment against Defendant, David L. Ellis, an individual, in the amount of $545,837.80 as provided for in that certain Note in support thereof avers as follows: 1. The Plaintiff is Sovereign Bank, successor-in-interest to Waypoint Bank, a corporation organized and existing under the laws of the United States of America, and it is registered to do business in Pennsylvania, with offices for the purpose of doing business at Rt. 30 & 320, Aldwyn Center 2, Mail Stop # 20-536-ARO, Villanova, PA 19085. 2. The Defendant is David L. Ellis, an individual whose principal address is 3350 North Third Street, Harrisburg, PA 17110-1407. 3. That attached hereto and incorporated herein by reference thereto is a copy of the Note dated May 15, 2003 and executed by Defendant, which authorizes confession of judgment. A true and correct of copy of the Note is attached hereto, marked Exhibit "A" and incorporated herein by reference. 4. The attached instrument have not been assigned. 5. That the judgment to be entered does not involve a loan defined as a "consumer credit transaction" in accordance with Annex A. to Title 231, Chapter 2950, Rule 2951(a)(2). 6. That judgment has not been entered on the attached instrument in any jurisdiction. 7. The Note provides for confession of judgment against the Defendant, after default under the Note. Plaintiff has exercised its right to confess judgment pursuant to the terms of the instrument for an amount which Defendant may become liable. Defendant is in default under the terms of the Note. 8. On or about April 11, 2005, Plaintiff sent written notice to the Defendant via certified mail demanding that all outstanding past due amounts, plus accrued late and legal fees due under the documents be paid in full and the Defendant failed to do so. A true and correct copy of such written notice is attached hereto, marked Exhibit "B" and incorporated herein by reference. 9. As a consequence of the Defendant's failure to cure this default, the Defendant is liable to the Plaintiff for $545,837.80, as of April 5, 2005, itemized as follows: Principal Balance Interest through 04/05/05 Late Charges Reasonable Attorneys Fees (10%) $481,510.23 $ 14,103.74 $ 2,072.80 $ 48,151.03 $545,837.80 Total WHEREFORE, Plaintiff, Sovereign Bank, demands judgment against the Defendant, David L. Ellis in the total sum of $545,837.80 as authorized by the Warrant appearing in the Note, plus costs of suit. DATED: li- 1~'o5 By: Benjamin . Rigg , r. Attorney for Pia inti PA1-YGS-01-01 101 South George Street York, PA 17401 Phone: (717) 771-9456 1.0. No. 72030 VERIFICATION I verify that the statements made in the foregoing Complaint are true and correct to the best of my knowledge, information, and belief. I further verify that I am a Vice President of SOVEREIGN BANK, and that as such, I am authorized to make this Verification on its behalf. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. !l4904 relating to unsworn falsification to authorities. DATED: 1 \ 1'1.-'1'O~ By: Thomas You g Vice Preside COMMERCIAL MORTGAGE NOTE $525,000 May 15,2003 FOR VALUE RECEIVED, DAVID L. ELLIS, an adult individual currently residing at 3350 North Third Street, Ramsburg, Pennsylvania (the "Borrower") promises to pay to the order of WAYPOINT BANK (the "Bank"), in lawful money of the United States of America in immediately available funds at its offices located at 235 North Second Street, Hamsbu:rg, P A 17105, or at such other location as the Bank may designate from time to time, the principal swn of Five Hundred Twenty-Five Thousand Dollars ($525,000) (the ''Loan''), together with interest accruing on the outstanding principal balance from the date hereof, as provided below: 1. Rates of Interest. The outstanding principal balance of the Loan evidenced hereby shall at all times bear interest, at a per annwn rate or rates based on a 360-day year and the actual number of days elapsed, as follows: (a) From the date hereof through May 15, 2008 (the "Fixed Rate Period"), at the fixed rate of 6.13%; (b) From and after May IS, 2008, at a rate equal to (i) such fixed rate as may be offered by Bank in its sole discretion (provided that the Bank shall have no obligation to offer any such fixed rate) and accepted by Borrower in writing or, failing such offer and/or acceptance ofa fixed rate, or in the event any other interest rate is not in effect for any reason, (ii) at a fluctuating rate per annum equal to the Bank's Prime Rate plus 100 basis points (1 %). As used herein, "Prime Rate" shall mean the rate publicly announced by the Bank from time to time as irs prime rate. The Prime Rate is not tied to any external rate or index and does not necessarily reflect the lowest rate of interest actually charged by the Bank to any particular class or category of customers. If and when the Prime Rate changes, the interest rate payable hereunder (to the extent based on the Prime Rate) will change automatically without notice to lhe Borrower, effective on lhe date of any such change. In no event will the rate of interest hereunder exceed the maximum rate allowed by law. 2. Pavment Terms. The Loan shall be payable in equal consecutive monthly installments of principal and accrued interest (at the rate or rates in effect from time to time hereunder) in the amount of Five Thousand One Hundred Eighty-Two and 00/100 Dollars (SS,182.00), commencing June 15, 2003 and continuing on the 15th day of each successive calendar monlh thereafter through May 15, 2013 (the "Maturity Date"); provided, however, that the Bank may adjust the repayment tenns'or amounts upon notice to Borrower following the expiration of the Fixed Rate Period based upon changes in the applicable interest rate if determined by the Bank to be necessary or appropriate to keep the principal repayment within the original ten-year maturity period. On the Maturity Date, the entire outstanding principal balance hereof, together with unpaid accrued interest thereon and all other costs, charges and expenses #268946 v3 - Ellis. Commercial MoltS'&< Not<, 032703 t:.x'v);\0;t A payable hereunder or under any of the other Loan Documents (defined below) shall be paid in full. @ If any payment under this Note shall become due on a Samrday, Sunday or public holiday under the laws of the State where the Bank's office indicated above is located, such payment shall be made on the next succeeding business day and such extension of time shall be included in computing interest in connection with such payment. The Borrower hereby authorizes the Bank to charge the Borrower's deposit account at the Bank for aoy payment when due hereunder. Payments received will be applied to charges, fees and expenses (including attorneys' fees), accnled interest and principal in any order the Bank may choose, in its sole discretion. 3. Late Pavments; Default Rate. If the Borrower fails to make any payment of principal, interest or other amount coming due pursuant to the provisions of this Note within fifteen (15) calendar days of the date due and payable, the Borrower also shaH pay to the Bank a late charge equal to five percent (5%) of the amount of such payment. Such fifteen day period shall not be consttued in any way to extend the due date of aoy such payment. The late charge is imposed for the pllIpOse of defraying the Bank's expenses incident to the handling of delinquent payments and is in addition to, and not in lieu of, the exercise by the Bank of any rights and remedies hereunder, under the other Loan Documents or under applicable laws, and any fees and expenses of any agents or attorneys which the Bank may employ. Upon maturity, whether by acceleration, demand or otherwise, and at the option of the Bank upon the occurrence of any Event of Default (as hereinafter defined) and during lhe continuance thereof. this Note shall bear interest at a rate per annum (based on a year of 360 days and actual days elapsed) which shall be two percentage points (2%) in excess of the interest rate in effect from time to time under this Note but not more than the maximum rate allowed by law (the "Default Rate"). The Default Rate shall continue to apply whether or not judgment shall be entered on this Note. G& 4. Prepavment. The outstanding principal balance of this Note may be prepaid in whole or in part, without premium or penalty, during any period that this Note bears interest based on the Prime Rate. A prepayment fee will be charged if the Loan is prepaid, in whole or in part, during any period that this Note bears interest at a fixed rate. The fee will be based on the following factors: (a) the amount of principal that is being prepaid before the expiration date of the fixed rate period ("Fixed Rate Expiration"); (b) the change in interest rates since the loan was made - i.e. the difference in the cost of funds yield between lhe date the loan was made (using original cost of funds yield based on original fixed rate term) and the date of prepayment (using current cost of funds yield based on the remaining fixed rate term at the time of prepayment); and (c) the time, in years and months, remaining between the date of the prepayment and the date of the Fixed Rate Expiration. If the calculation of the prepayment penalty results in a negative amount, then no prepayment fee will be assessed. The Bank's determination of the amount of any prepayment fee will be conclusive and binding absent manifest error. 5. Other Loan Documents. This Note is issued in connection with a Credit Agreement dated as of May 15, 2003 among the Bank, the Borrower, David L. Ellis Agency, Inc., David Ellis & Co. of Pennsylvania, Inc. and D.L.E. Real Estate Company, the terms of which are -2- "'268946 ~3 - Eni:s:.. Commc:rcbll Mortga,r ~OfC. 032103 ~ @ incorporated herein by reference (as the same may be amended, restated, substituted or modified from time to time, the "Credit Agreement"), and each of the other documents referenced therein or executed or delivered in connection therewith (collectively, the "Loan Documents"), and is secured by the property described in the Loan Documents and by such other collateral as previously may have been or may in tlle future be granted to the Bank to secure this Note. 6. Events of Default. The occurrence of any of Event of Default under ~ection !L1 of the Credit Agreement shall constitute an "Event of Default" under this Note. Upon the occwTence of an Event of Default: (a) the Bank shall be under no furtber obligation to make any further advances hereunder or under the Credit Agreement; (b) the outstanding principal balance and accrued interest hereunder together with any additional amounts payable hereunder shall be immediately due and payable without demand or notice of any kind, or the outstanding principal balance and accrued interest hereunder together with any additional amounts payable hereunder, at the option of the Bank and without demand or notice of any kind may be aC{;elerated and become immediately due and payable, all in accordance with the terms of the Credit Agreement; (c) at the option of the Bank, this Note will bear interest at the Default Rate from the date of the occurrence of the Event of Default; and (e) the Bank may exercise from time to time any of the rights and remedies available to the Bank under the Loan Documents or under applicable law. 7. Power to Confess Jude:ment. The Borrower hereby empowers any attorney of any court of record, after the occurrence of any Event of Default bereunder, to appear for the Borrower and, with or Without complaint filed, confess judgment, or a series of judgments, against the Borrower in favor of the Bank or any holder hereof for the entire principal balance of this Note, all accrued interest and all other amounts due hereunder, together with costs of suit and 10% of the principal balance hereof added as reasonable attorney's fees, and for doing so, this Note or a copy verified by affidavit shall be a sufficient warrant. The Borrower hereby forever waives and releases an errors in said proceedings and all rights of appeal and all relief from any and all appraisement, stay or exemption laws of any state now in force or hereafter enacted. Interest on any such judgment shall accrue at the Default Rate. No single exercise of the foregoing power to confess judgment, or a series of judgments, shall be deemed to exhaust the power, whether or not any such exercise shan be held by any court to be invalid, voidable, or void, but the power shall continue undiminished and it may be exercised from time to time as often as the Bank shall elect until such time as the Bank shall have received payment in full of the debt, interest and costs. 8. Rie:ht of Setoff. In addition to all liens upon and rightS of setoff against the money, securities or other property of the Borrower given to the Bank by law, the Bank shall have, with respect to the Borrower's obligations to the Bank under this Note and to the extent pennitted by Jaw, a contractual possessory security interest in and a right of setoff against, and the Borrower hereby assigns, conveys, delivers, pledges and transfers to the Bank all of the Borrower's right, title and interest in and to, all deposits, moneys, securities and other property of the Borrower -3- ~268!l46 v3 . Eli.< . Commtreial Mo_.. Note, 032703 I, now or hereafter in the possession of or on deposit with the Bank whether held in a general or special account or deposit, whether held jointly with someone else, or whether held for safekeeping or otherwise, excluding, however, alllRA, Keogh, and trust accounts. Every such security interest and right of setoff may be exercised without demand upon or notice to the Borrower. Every such right of setoff shall be deemed to have been exercised immediately upon the occurrence of an Event of Default hereunder wilhout any action of the Bank, although the Bank may enter such setoff on its books and records at a later time. 9. Miscellaneous. No delay or omission of the Bank to exercise any right or power arising hereunder shall impair any such right or power or be considered to be a waiver of any such right or power or any acquiescence therein nor shall the action or inaction of the Bank impair any right or power hereunder. The Borrower agrees to pay on demand, to the extent pennitted by law, all costs and expenses incurred by the Bank in the enforcement of its rights in this Note and in any security therefor, including without limitation reasonable fees and expenses of the Bank's counsel, If any provision of this Note is found to be invalid by a court, all the other provisions of this Note will remain in full force and effect. The Borrower and all other makers and indorsers of this Note hereby forever waive presentment, protest, notice of dishonor and notice of non-payment. The Borrower also waives all defenses based on s~tyship or impairment of collateral. If this Note is executed by more than one Borrower, the obligations of such persons or entities hereunder will be joint and several. This Note shall bind the Borrower and the heirs, executors, administrators, successors and assigns of the Borrower, and the benefits bereofshall inure to the benefit of Bank and its successors and assigns. 10. Al>l>licable Law; Consent to Jurisdiction. TIlls Note has been delivered to and. accepted by the Bank in the Commonwealth of Pennsylvania will be deemed to be made in such Commonwealth. Tms NOTE WILL BE INTERPRETED AND THE RICHTS AND LIABILITIES OF THE PARTIES HERETO nETERMINEn IN ACCORDANCE WITH THE LAWS OF THE COMMONWEALTH OF PENNSYLVANIA, EXCLUDING ITS CONFLICT OF LAWS RULES. The Borrower hereby irrevocably consents to the exclusive jurisdiction of the Courts of Common Pleas for Dauphin County or Cumberland County, Pennsylvania, and the United S'lates District Court for the Middle District of Pennsylvania, and consents that all service of process be sent by nationally recognized overnight courier service directed to the Borrower at the Borrower's address set forth in Section 10.5 of the Credit Agreement and service so made will be deemed to be completed on the business day after deposit with such courier; provided that nothing contained in this Note will prevent the Bank from bringing any action, enforcing any award or judgment or exercising any rights against the Borrower individually, against any security or against any property of the Borrower within any other county, state OJ other foreign or domestic jurisdiction. The Borrower acknowledges and agrees that the venue provided above is the most convenient forum for both the Bank and the Borrower. The Borrower waives any objection to venue and any objection based on a more convenient forum in any action instituted under this Note. 11. W AlVER OF JURY TRIAL. THE BORROWER IRREVOCABLY WAIVES ANY AND ALL RIGHTS THE BORROWER MAY HA VIi: TO A TRIAL BY JURY IN ANY ACTION, PROCEEDING OR -4- #168946 vJ - EIli,. - Corrutl:rtial Mortg;:lgt Note, 032703 CLAIM OF ANY NATURE RELA T1NG TO TIDS NOTE, ANY DOCUM"NTS EXECUTED IN CONNECTION WITH THIS NOTE OR ANY TRANSACTION CONTEMPl.ATED IN ANY OF SUCH DOCUMENTS. Tin: BORROWER ACKNOWLEDGES THA T THE FOREGOING W AIV.ER IS KNOWING AND VOl.IJNT ARY. The Borrower acknowledges that it bas read and understood all the provisions of this Note, including the confession of judgment and waiver of jury lTial, and bas been advised by counsel as necessary or appropriate. [SIGNATURE PAGE FOLLOWS IMMEDIATELY] -5- '*'268946 v3 - SJJis - CornrncrcieJ Monpst Note. 032703 [SIGNATURE PAGE 1 OF 1 TO COMMERCIAL MORTGAGE NOTE] WITNESS the due execution hereof as a document under seal, as of the date first written above, with the intent to be legally bound IJereby. (SEAL) DA t/2689415 v3 . EJJi$" Commc:rcl.t1 Mong.~c NOle. 032703 -6- .Sovereign Bank April II, 2005 Via Certified Mail Return Receipt Requested David 1. Ellis Agency, Inc. Attn: David 1. Ellis, President 3552 Old Gettysburg Road, Suite 503 Camp Hill, P A 170 II David Ellis & Co. of Pennsylvania, Inc. Attn: David 1. Ellis, President 3552 Old Gettysburg Road, Suite 503 Camp Hill, P A 17011 David 1. Ellis, Individual 3552 Old Gettysburg Road, Suite 503 Camp Hill, PA 17011 David L. Ellis, Individual 3350 North Third Street Harrisburg, P A 1711 0-1407 Re: Loan No. 51677974-18/ $525,000.00 term loan Loan No. 51653504-18 / $75,000.00 term loan. Dear Mr. Ellis: With respect to the above referenced loans (the "Loans") from Sovereign Bank, successor-in-interest to Waypoint Bank (the "Lender") to David 1. Ellis. David 1. Ellis Agency, Inc., and David Ellis & Company of Pennsylvania, Inc. (the "Borrowers"), this letter shall serve as notice that the Borrowers failed to abide by the terms of the Loans, specifically those provisions outlined below: I) The Events of The Default of the Notes, dated May 15, 2003, state that the Borrowers' failure to make any payment when due on the Loans, shall constitute an Event of Default under the Notes. e. )(hl /0; + B .sovereign Bank , , David L. Ellis et al April 11 , 2005 - Page 2 By reason of such default, the balance on the Loans shall be accelerated and the entire outstanding principal balance of the Loans plus any and all other sums which are due and payable pursuant to the Loan Documents and the other documents, will become immediately due and payable as follows: Total Outstanding as to Loan #51677974-18, as of 04/05/05: $497,686.77 Total Outstanding as to Loan #51653504-18, as of 04/05/05: $23,202.82 In addition to the above, Sovereign may, at its option and in its sole discretion, pursue all available remedies pursuant to the Loan Documents and the other documents. Further, the Borrowers have become and will become further indebted to Sovereign for all costs and expenses, which Sovereign incurs in exercising its rights and remedies. This notice is not intended to be all inclusive. The Borrowers may be otherwise in default under the Loan Documents and other documents and accordingly, Sovereign hereby reserves all of its rights under the documents and at law. If you have any questions regarding the matters as set forth in this letter, please contact the undersigned immediately at (717) 771-9456. Sincerely, cc: Thomas Young, Vice President ~ t. \ t, ~ t: """" , ~ --c::. ;.> ?:>- ~~, ~ '--'\ --... ...... \" fo ;t/\ ~ e -. l> \;"'~ ~ - <>l;, IJ- ~ ~. \j \ ------ T'~' ';I "..::l' c.:'" c/' ~," ";-,; (J "\' ",", -'1~_ ~. \'1" ,:'" ',",,) ,i _, - _..,~ t_n (....;~. - IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION SOVEREIGN BANK Plaintiff vs. No. 05-- "?"o'7("" c.:JJ ~ DAVID L. ELLIS Defendant Confession of Judgment NOTICE OF FILING JUDGMENT () Notice is hereby given that a judgment in the above-captioned matter has been entered against you in the amount of $545,837.80 on the r)/ day of orJ ,2005, in the above captioned case. () A copy of all documents filed with the Prothonotary in support of the within judgment is/are enclosed. DATE: ,//)..,//,o~ , /I w.-di.A n" ~ C- F\..___ // Prothonotary Civil Div. By: If you have any questions concerning the a ve case, please contact the following party: Benjamin F. Riggs, Jr. (I.D. No. 72030) Attorney for the Plaintiff PA1-YGS-01-01 101 South George Street York. Pennsylvania 17401 Telephone: (717) 771-9456 (This Notice is given in accordance with Pa.R.C.P. 236.) Notice sent to: David L. Ellis 3350 North Third Street Harrisburg, PA 17110-1407 (.~ _.:) >~~'s) -,':,J' (;\\ -;".;"'i ---. ..<', .' (s-. .-' <...,.:: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION SOVEREIGN BANK Plaintiff vs. No. 0 0- '<",0 7 (; ~ .,l.,.. DAVID L. ELLIS Defendant Confession of Judgment OFFICE OF THE PROTHONOTARY OF CUMBERLAND COUNTY CERTIFICATE OF RESIDENCE PA. R.C.P. 236 I hereby certify that the precise mailing address of the Plaintiff is: Rt. 30 & 320, Aldwyn Center 2 Mail Stop # 20-536-ARO Villanova, PA 19085 I hereby certify that the precise mailing address of the Defendant, DavidL. Ellis, is: 3350 North Third Street Harrisburg, P A 17110-1407 DATED: '1-/~-05 By: Benjamin . Rigg , Attorney for Plaintiff PA1-YGS-01-01 101 South George Street York, PA 17401 Phone: (717) 771-9456 I.D. No. 72030 7'\ ";)-.. " '";;"~\ "',...' ......~j '-' " " C0 (.;.:. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION SOVEREIGN BANK Plaintiff vs. No. OJ. oZOfl.- c..:,...;...e~ DAVID L. ELLIS Defendant Confession of Judgment Commonwealth of Pennsylvania County of York AFFIDAVIT OF NON-MILITARY SERVICE Before me, a Notary Public for York County, Pennsylvania, personally appeared Benjamin F. Riggs, Jr., Attorney for the Plaintiff in the above entitled case, who being duly sworn or affirmed according to law deposes and says, that the Defendant above named is not in the military service of the United States of America, that he has personal knowledge that the said Defendant's, last-known address is 3350 North Third Street, Harrisburg, PA 17110-1407. Sworn and subscribed bef9re me this Ndlday of #lmrtJ 11!(1 I 2005 ~(11~~, U' otary Pub!' My Commission expires: eli/-Is. 00 SOVER Benjamin F Riggs, As Attorney for Plaintiff PA1-YGS-01-01 101 South George Street York, Pennsylvania 17401 1.0. No. 72030 Notarial Seal ~wn. M. Gutierrez, Notary Public City. o~ York, York County My Commission Expires Apr. IS. 2006 Member, PennsylvanIa Assoc1aflOnotNotanes __,~..~~.,c... . r-:) '-':~ ';:;-. o -'n o , ,1 ~~_. CI\ ~,J -,~""-",, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION SOVEREIGN BANK Plaintiff vs. No. O:r - 02(;> 7& ~ ~ DAVID L. ELLIS Defendant Confession of Judgment Commonwealth of Pennsylvania County of Delaware AFFIDAVIT OF DEFAULT AND BUSINESS TRANSACTION Thomas Young, being duly swom according to law, deposes says he is Vice President for Sovereign Bank, Plaintiff, herein; that he is authorized to make this affidavit on plaintiffs behalf, that a true and correct copy of the Note containing the warrant of attomey upon which judgment is confessed is attached to the Complaint filed in this action as Exhibit' A"; that the Note constitutes a business transaction between plaintiff and Defendant; that judgment is not being confessed against individual persons in connection with a consumer credit transaction; and that Defendant is in default under the Note for the reasons set forth in the Complai Swom aX1<subscribed before me thiskday of ,,<Jon / . 2005 I rl'kJ7J/'71~~/ Notary Public My Commission Expires SO -.--" By: Thomas You 9 Vice Preside COMMONWEALTH OF PENNSYLVANIA Notarial Seal Helen M. Malloy, NataJy Public Marcus Hook Boro, Delaware County My Commission Expires Apr. 22, 200B Member, P"'Innsylvanfi3 A.ssoclati0t' Of Nota.ries ;<'1 C) ":-i-"I :;J :-,-\ C:J"l .,) c.n C-'_) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION SOVEREIGN BANK Plaintiff vs. No. 0:5- ~o7-6 ~ ~ DAVID L. ELLIS Defendant Confession of Judgment NOTICE UNDER RULE 2958.1 OF JUDGMENT AND EXECUTION THEREON NOTICE OF DEFENDANT'S RIGHTS TO: David L. Ellis 3350 North Third Street Harrisburg, PA 17110-1407 A judgment in the amount of $545,837.80 has been entered against you and in favor of the Plaintiff without any prior notice or hearing based on a confession of judgment contained in a written agreement or other paper allegedly signed by you. The sheriff may take your money or other property to pay the judgment at any time after thirty (30) days after the date on which this notice is served on you. You may have legal rights to defeat the judgment or to prevent your money or property from being taken. YOU MUST FILE A PETITION TO STRIKE OR OPEN JUDGMENT THEREBY SEEKING RELIEF FROM THE JUDGMENT STATING ALL GROUNDS FOR RELIEF IN A SINGLE PETITION AND PRESENT IT T A JUDGE WITHIN THIRTY (30) DAYS AFTER THE DATE ON WHICH THIS NOTICE IS SERVED ON YOU OR YOU MAY LOSE YOUR RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER AND CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. . -- DATED: t..{-I"6'{)!;> CUMBERLAND COUNTY LAWYER REFERRAL SERVICE 41h Floor, Cumberland County Courthouse Carlisle, PA: 17013 Telephone: (717) 240-6200 By: Benjamin . Rig , r. Attorney for Plaintiff PA1-YGS-01-01 101 South George Street York, PA 17401 Phone: (717) 771-9456 1.0. No. 72030 ~ (: :.__.,l .';'} <.>, :;:::,,~, Ul W ~. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION SOVEREIGN BANK Plaintiff vs. No. .' - ., :t...-- p ~r- J.. 07'- ~ DAVID L. ELLIS Defendant Confession of Judgment SECTION 2737.1 NOTICE Pursuant to 42 Pa. C.S. S 2737.1, attached hereto are written instructions regarding the procedure to follow to strike the confessed judgment entered against you. Please be further advised that if you have been incorrectly identified and had a confession of judgment entered against you, under 42 Pa. C.S. S 2737.1 you are entitled to costs and reasonable attorney's fees as determined by the Court. DATED: 1-1ff-~ By: /i?:'J~ Benjamj F. Ri g ,Jr. Attorney for Plaintiff PA1-YGS-01-01 101 South George Street York, PA 17401 Phone: (717) 771-9456 1.0. No. 72030 ~. Pa. R.C.P No. 2959 PURDON'S PENNSYLVANIA STATUTES AND CONSOLIDATED STATUTES ANNOTATED PURDON'S PENNSYLVANIA CONSOLIDATED STATUTES ANNOTATED PENNSYLVANIA RULES OF CIVIL PROCEDURE CONFESSION OF JUDGMENT FOR MONEY. Current with amendments received through December 1, 2003. Rule 2959. Striking Off or Opening Judgment; Pleadings; Procedure (a) (1) Relief from a judgment by confession shall be sought by petition. Except as provided by subparagraph (2), all grounds for relief whether to strike off the judgment or to open it must be asserted in a single petition. The petition may be filed in the county in which the judgment was originally entered, in any county to which the judgment has been transferred or in any other county in which the sheriff has received a writ of execution directed to the sheriff to enforce the judgment. (2) The ground that the waiver of the due process rights of notice and hearing was not voluntary, intelligent and knowing shall be raised only (i) in support of a further request for a stay of execution where the court has not stayed execution despite the timely filing of a petition for relief from the judgment and the presentation of prima facie evidence of a defense; and (ii) as provided by Rule 2958.3 or Rule 2973.3. (3) If written notice is served upon the petitioner pursuant to Rule 2956.1(c)(2) or Rule 2973.1 (c), the petition shall be filed within thirty days after such service. Unless the Defendant can demonstrate that there were compelling reasons for the delay, a petition not timely filed shall be denied. . (b) If the petition states prima facie grounds for relief the court shall issue a rule to show cause and may grant a stay of proceedings. After being served with a copy of the petition the plaintiff shall file an answer on or before the return day of the rule. The return day of the rule shall be fixed by the court by local rule or special order. (c) A party waives all defenses and objections which are not included in the petition or answer. (d) The petition and the rule to show cause and the answer shall be served as provided in Rule 440. (e) The court shall dispose of the rule on petition and answer, and on any testimony, depositions, admissions and all other evidence. The court for cause shown may stay proceedings on the petition insofar as it seeks to open the judgment pending disposition of the application to strike off the judgment. If evidence is produced which in a jury trial would require the issues to be submitted to the jury the court shall open the judgment. (f) The lien of the judgment or of any levy or attachment shall be preserved while the proceedings to strike off or open the judgment are pending. ------------ (\ ~, ,-:,~ " -n .\1 '\~) / _e..... Lei ("..::: - SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2005-02076 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND SOVEREIGN BANK VS ELLIS DAVID L R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT , to wit: ELLIS DAVID L but was unable to locate Him in his bailiwick. He therefore deputized the sheriff of DAUPHIN County, Pennsylvania, to serve the within CONFESSION OF JUDGMENT On May 24th , 2005 , this office was in receipt of the attached return from DAUPHIN Sheriff's Costs: Docketing Out of County Surcharge Dep Dauphin County Mileage 18.00 9.00 10.00 30.00 11.10 78.10 OS/24/2005 SOVEREIGN BANK So answers,;_ ....--.::___c::.,~ _~~c~::' " R. Thomas- Kline Sheriff of Cumberland County Sworn and subscribed to before me of fru ~1f In The Court of Common Pleas of Cumberland County, Pennsylvania Sovereign Bank VS. . David L. Ell~s 05-2076 civil No. Now, APril 26. 2005 , I, SHERIFF OF CUMBERLAND COUNTY, P A, do hereby deputize the Sheriff of Dauphin County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. ~~~'d:<~ Sheriff of Cumberland County, P A Affidavit of Service Now, ,20 , at o'clock M. served the within upon at by handing to a copy of the original and made known to the contents thereof. So ariswers, Sheriff of County, PA Sworn and subscribed before me this day of ,20_ COSTS SERVICE MILEAGE AFFIDAVIT $ $ @iiit~ of tlp~ ~4eJ:iff William T. Tully Solicitor J. Daniel Basile Chief Deputy Mary Jane Snyder Real Estate Deputy Michael W. Rinehart Assistant Chief Deputy Dauphin County Harrisburg, Pennsylvania 17101 ph: (717) 255-2660 fax: (717) 255-2889 Jack Lotwick Sheriff Commonwealth of Pennsylvania SOVEREIGN BANK vs County of Dauphin DAVID ELLIS & CO OF PENNSYLVANIA INC Sheriff's Return No. 0758-T - -2005 OTHER COUNTY NO. 05-2076 CIVIL TERM I, Jack Lotwick, Sheriff of the County of Dauphin, State of Pennsylvania, do hereby certify and return, that I made diligent search and inquiry forDAVID ELLIS & CO OF PENNSYLVANIA INC the DEFENDANT named in the within NOTICE,COMPLAINT & CONFESSION JUNDGMENT and that I am unable to find him/her in the County of Dauphin, and therefore return same NOT FOUND, May 19, 2005 NOT SERVED EXPIRED Sworn and subscribed to before me this 19TH day of MAY. 2005 So Answers, JK~ Sheriff of Dauphin County. Pa. ~&J By NOTARIAL SEAL MARY JANE SNYDER, Notary Public Highspire, Dauphin County My Commission Expires Sept 1,2006 Deputy Sheriff Sheriff's Costs:$30.00 PD 04/27/2005 RePT NO 206300 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW SOVEREIGN BANK, Plaintiff v. No. 05-2076 DAVID L. ELLIS, Defendant PROOF OF SERVICE COMMONWEALTH F PENNSYLVANIA : ss. COUNTY OF BERKS Colleen Brelje, aralegal, being sworn according to law, deposes and says that she served true and correct copies fthe Notice of Sheriffs Sale and Notice Pursuant to PA R.C.P. 3129, by mailing the same to th parties on the attached sheet by regular mail with Postal Form 3817 attached on July 17, 200 at 5:00 p.m. ~~~ Colleen Brelje, Paralegal Barley Snyder LLC 501 Washington Street P.O. Box 942 Reading, P A 19603 (610) 376-6651 Sworn to and subscribed before me this ~day 0 AuJ ~+ , 200 Not oNWBAl,TH P l'loWIIlSeaI MlIrgaretc. PuuI8i, ~ <:ly of ReadIng. IleltcI My CommIlSIon EjpI.... Mar. 22, ember. Pennsylv8nle A~Rtfo!'l 01 NotarI.. 1670822-1 'tl '" ~~ " c -.-----.--- ~ ~ -'" 0 .,-: -'; il:"" .:' -;t~: it om 'tl "" '" me 0 l,) .. ~'" "' "" ~ ~ Om ~ .... ,"0 ~ ':~ ~ e 2:0 ~ . 11" "' .- , m e ~g '" 'c . < .:1 ,,~ 1'i 0 '" mm 0 J,gj m ,. 5! 0" ,. "1~ .;. ~~ ~~ (') '"" m ~ :!I 0 :;; ~ ('j ~ ~ m F 0 g 'Tl m ~ '" z Sl r= z Gl U,S, POSTAL SERVICE CERTIFICATE MAlL1'lG MAY BE UseD FOR DOMESTIC AND INTERNATIONAl MAI!.j, DOES NOT PROVIDE FOR INSURANCE-POSTMASTER ",_nn:.._-'r:.__. I ~.II I. \ "'Il\dl I I I ( PS Form 3817, January 2001 U.S, POSTAL SERVICE CERTlFICA OF IIAIUNG MAY BE USED FOR DOMESTIC AND INTERNATIONAL PROVIDE FOR INSURANCE-POSTMASTER ~~~ "" '" ,,( lJ,,:- ':.Ti n , , ~ ;. i ;':;f.I:; '1~j :1.13 '!II: D__n:"_-' ,,__. " ~ C\i .~--".~ .~ r.0,.-;;>" (. " , D_ /',1 ... '", c;; .~.. " JUL 17'J8 \ l i , ...!:..3~""-,,./ , ~f> (~; 'tl "' 6' ~ 3 l: ~ ~ .... e ~ t! . , > Ii ,,'" .:1 m " ~ > z o 0 - ~ :z 0 !? z .,,'" >~ .. _m 'Qm o.~ e. O:-cl :f9 N .. 0 ~ 'Q PS Form 3817. January 2001 U.S, POSTAL SERVICE MAY BE USED FOR DOMESTIC AND INTERNATIONAl M IL DOES NOT PROVIDE FOR INSURANCE-POSTMASTER ' '" " N Jt> r. r.:: ..:: 1,\., ..~. \ Do ~ -..J .t'~. ?j..\ ..../,s, ~-<- .." . i-",._, "'. J v t \ JUl17'G6 } \. p ,\ // '-..t...e- i) i\"-,::T:_;f~ li?;,,'43 .. , 1< ~~ ~ li\~ ~ ~~ ~ %(; ~;;tJ ~ ~8 ~ ~~ ~ ~~ l~ ~~ Q g ~ i g '8 ~ rn I ~ !: z Gl -" ~~ C ;,~J (~ , en " c ~ ~ili ". ~ r:...., " me ~'" Ul .- ,.. gl'l ~ ~ -~ ,... 3 z" Ul ~~ m ., ~8 " > < ,> "'~ "Iii c; M '" ~~ m > z o " - ~ '!ll; z" ? z ~~ ..,Ul >~ nInI C'I ~ ,,~ III _M g~ ~ ~ e . is ;; 0:-0 ~ 1'i :f9 ~ ~ N III '" F " 0 2;~1 " ." " m I ~ z S ~ U,S" POSTAL SERVICE CEI'ITIFlCA OF MAIUHG MAY BE USED FOR DOMESTIC AND INTERNATIONAL ~Il. DOES NOT PROVIDE FOR lNSURANCE-POSTMASTER P...~~;,,^... 1:--. JS> I:, ' II ~ '" I (\ l [I I I I \ 501 WASHINGTON STREET. P.O. READING, PA 19603-0942 o pSForm3817, January 2001 U.S, POSTAL S RYICE CERT1f'1CA OF IIAIUHG ~6~~~~ f~t~g~~~~~~NATlONAL fL, DOES NOT ..j:r.'''-JI:'',ll:{Il');f<ie w .." .. ""~--~._,j I: -l '" " " tft I; t)1 \ ""I\d, I III ~j : -, 501 WASHINGTON STREET. P.O. RE....DING, PA 19603.0942 .~~ .: ,~, U.S. POSTAL SERYICE MAY BE USED FOR DOMESTIC AND INTERNAT10N L MAil, DOES NOT PRay-tOE FOR lNSURANCE-POSTMASTER ReceiveclFron1: '" '< ::-.; f:!j ", " r,.: ~ .,., ',," ~ ",:', ~,..~"';~"<-"--""-", .1,0:, \ ~/:"" i,':j , ~ ~;Jd.' \;}, --~ <'I' . ,'()i;,\G~ ~I '1 q r~. ....1 ''',: " . ;1 H ~'.U:'TY'~ '?1:~2.!3 ,.. , '\ e I;;;f ~ <=> :;- "" :pC; ".. ~." c- ~. , c.-) rn- ':j.) -o~ ., CJ"> :Il ~ 9 .p." -0 ""T'"-r, 2:1...) ::.c rS:D $~ Zfrl ?i W ~ j (",') :r;; .< , . ~ ,'" # SOVEREIGN BANK, Plaintiff Defendant : IN THE COURT OF COMMON PLE~, ~ 0 : CUMBERLAND COUNTY, PENN~r AmA ;-n . ?:,::." -0 mj= . /?'C "'Tjm . U?c' N :uy : No. 2005-02076 2: [:. S~ (~ ~~ t'.~=, :!:: Z~ :r~ ~\..) ...... ;.:::0 .--c 01'11 -'/" ;::-\ .:'3 &- ?E ~ cr. -< vs. DAVID L. ELLIS, PRAECIPE TO RELEASE PROPERTY FROM LIEN OF JUDGMENT TO THE PROTHONOTARY: Kindly release from the lien of the above entitled judgment, the following described property, to wit: ALL THAT CERTAIN lot or piece of land with improvements situate in Cumberland County, Pennsylvania, being more fully described in Exhibit "A" attached hereto and made a part hereof. Plaintiff above named will not look to the said above mentioned and described premises or any part thereof, for payment of any part of the principal and interest of said above entitled judgment, now or hereafter to become due, or in any way disturb, molest, put to charge or damage, the present or any further owner or owners, occupier or occupiers of the said above mentioned and described premises, or any part or portion thereof, for or by reason of the said judgment, or any matter, cause or thing thence accruing or to arise: Provided, that nothing herein contained shall affect the said judgment or its legal validity, so far as respects to other lands and tenements of the said Defendant and/or the proceeds of the Premises situate in the County aforesaid, which are not herein expressly exonerated therefrom. By: :. ,... .; " , , ,. ALL THAT CERTAIN piece or parcel of land situate in Lower Allen Township, Cumberland County, Pennsylvania, more particularly bounded and described as follows: BEGINNING at a point on the northern right-of-way line of Old Gettysburg Road (L.R 21009), said point being referenced north fifty-one (51) degrees twenty-seven (27) minutes forty-seven (47) seconds east a distance of one hundred ninety-four (194.0) feet from the intersection of the northern right-of-way line of said Old Gettysburg Road with the eastern right-of-way line of Zimmerman Drive; thence north thirty-eight (38) degrees thirty-two (32) minutes thirteen (13) seconds west a distance of two hundred sixty-eight and forty-nine one hundredths (268.49) feet to a point; thence north fifty-one (51) degrees twenty-seven (27) minutes forty-seven (47) seconds east a distance of one hundred thirtyOseven and ninety one-hundredths (137.90) feet to a point; thence south thirty-eight (38) degrees thirty-two (32) minutes thirteen (13) seconds east a distance of two hundred sixty-eight and forty-nine one-hundredths (268.49) feet to a point along the northern right-of-way line of said Old Gettysburg Road; thence along same south fifty-one (51) degrees twenty-seven (27) minutes forty-seven (47) seconds west a distance of one hundred thirty-seven and ninety one-hundredths (137.90) feet to a point, the place of BEGINNING. CONTAINING 37,025 square feet and being Lot No. 2A of the Subdivision Plan of Lot No.2 dated February 20, 1976 prepared by Edward F. Sanders, Registered Surveyor, which Subdivision Plan is recorded in the Office of the Recorder of Deeds of Cumberland County in Plan Book 27, Page 122. BEING PARCEL NO. 13-23-0553-069. ~~~ 2:cl ~ G :t ..........., c::><0 ~ --.. 0<:\ ~ ~ ~ (/l ~ (') - (') G ~. -0(~' qflj\ ZC~~ 01 ?,~ \~ z :2 ~ ::(..., 1'" r=: -"di"G ~'l:.)Cl 'i:::::>. (L, "~;.1 ;:!{-l ;r~:1~ i.O, Of1'1 .-\ -',. ~ ",. ';:J:. - - C ....J Sovereign Bank VS David L. Ellis In The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2005-2076 Civil Term R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned STAYED per instructions from Attorney George J. Shoop. Sheriffs Costs: Docketing Surcharge Prothonotary Law Library Poundage Advertising Levy Posting Handbills Mileage Out of County Dauphin County Share of Bills Patriot News Law Journal 30.00 30.00 1.00 .50 34.78 15.00 15.00 15.00 12.32 9.00 37.25 19.31 614.00 941.00 $1,774.16 .; ;;?7iL- ~ R. Thomas Kline, Sheriff ~/dA/6~ 9- f,;t> Ck. s $Vi, ;/ ~ Ifl3/J- 3 'I No. 05-2076 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA CIVIL ACTION - LAW SOVEREIGN BANK, Plaintiff vs. No. 05-2076 DAVID L. ELLIS, and CONNIE A. TOULOUMES, Defendant AFFIDAVIT PURSUANT TO RULE 3129.1 Sovereign Bank, plaintiff in the above action, sets forth as of the date the praecipe for the writ of execution was filed the following information concerning the real property located at 3552 Old Gettysburg Roadi:'Allen Township, Pennsylvania. 'L~~ 1. Name and address of owner(s) or reputed owner(s): David L. Ellis 3350 North Third Street Harrisburg, P A 17110-1407 2. Name and address of defendant(s) in the judgment: David L. Ellis 3350 North Third Street Harrisburg, P A 17110-1407 3. Name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: Sovereign Bank Routes 30 & 320 Aldwyn Two MC20-536-ARO Villanova, PA 19085 1637922-1 No. 05-2076 National Casualty Company, a Wisconsin Corporation and Scottsdale Insurance Company, an Ohio Corporation c/o William R. Balaban, Esquire Michel V. Brown, Esquire Frank C. Sluzis, Esquire 27 North Front Street P.O. Box 1284 Harrisburg, P A 17108-1284 Lower Allen Township Authority 120 Limekiln Road New Cumberland, P A 17070 4. Name and address of the last recorded holder of every mortgage of record: PNC Bank, National Association 4242 Carlisle Pike Camp Hill, PA 17001-8874 Waypoint Bank, now Sovereign Bank Routes 30 & 320 Aldwyn Two MC20-536-ARO Villanova, P A 19085 5. Name and address of every other person who has any record lien on the property: None known to Plaintiff at this time. 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: None known to Plaintiff at this time. 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Cumberland County Tax Claim Bureau Cumberland County Courthouse One Courthouse Square Carlisle, P A 17013 1637922-\ No. 05-2076 Commonwealth of Pennsylvania Dept. Of Revenue Strawberry Square Harrisburg, PAl 71 0 1 Internal Revenue Service Federated Investors Tower Thirteenth Floor, Suite 1300 1001 Liberty Avenue Pittsburgh, P A 15222 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 17 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Date:~ Ge e J. Shoop, Esquire Plaintiff s Attorney Court I.D. No. 25367 501 Washington Street P.O. Box 942 Reading, P A 19603-0942 (610) 898-7157 1637922-1 No. 05-2076 ... ALL THA T CERTAIN piece or parcel of land situate in Lower Allen Township, Cumberland County, Pennsylvania, more particularly bounded and described as follows: BEGINNING at a point on the northern right-of-way line of Old Gettysburg Road (L.R. 21009), said point being referenced north fifty-one (51) degrees twenty-seven (27) minutes forty-seven (47) seconds east a distance of one hundred ninety-four (194.0) feet from the intersection of the northern right-of-way line of said Old Gettysburg Road with the eastern right-of-way line of Zimmerman Drive; thence north thirty-eight (38) degrees thirty-two (32) minutes thirteen (13) seconds west a distance of two hundred sixty-eight and forty-nine one-hundredths (268.49) feet to a point; thence north fifty-one (51) degrees twenty-seven (27) minutes forty-seven (47) seconds east a distance of one hundred thirty-seven and ninety one-hundredths (137.90) feet to a point; thence south thirty-eight (38) degrees thirty-two (32) minutes thirteen (13) seconds east a distance of two hundred sixty-eight and forth-nine one-hundredths (268.49) feet to a point along the northern right-of-way line of said Old Gettysburg Road; thence a long same south fifty-one (51) degrees twenty-seven (27) minutes forty-seven (47) seconds west a distance of one hundred thirty-seven and ninety one-hundredths (137.90) feet to a point, the place of BEGINNING. BEING known as 3552 Old Gettysburg Road. CONTAINING 37,025 square feet and being Lot No. 2A of the Subdivision Plan of Lot No.2 dated February 20, 1976 prepared by Edward F. Sanders, Registered Surveyor, which Subdivision Plan is recorded in the Office of the Recorder of Deeds of Cumberland County in Plan Book 27, Page 122. 1. EXCEPTING AND RESERVING unto the Grantors, their heirs, successors and assigns, a perpetual driveway easement twenty (20) feet in depth in common with the Grantees, their heirs, successors and assigns, for ingress and egress of persons and vehicles at, across and along the entire northern boundary of the property conveyed hereinabove, the course and distance of said northern boundary being north fifty-one (51) degrees twenty-seven (27) minutes forty-seven (47) seconds east a distance of one hundred thirty-seven and ninety one-hundredths (137.90) feet, and the purpose of which easement is to serve Grantees, their heirs, successors and assigns, and other users of the remainder of the tract of which the hereinabove described property is a part and which entire tract is described in the Subdivision Plan dated October 24, 1975 prepared by Edward F. Sanders, Registered Surveyor, recorded in Cumberland County Plan Book 27, Page 26. Further, it is intended that the said driveway easement shall extend to the east of the hereinabove described property along the entire northern boundary of Lot No.5 described in the Subdivision Plan recorded in Cumberland County Plan Book 27, Page 26. Grantees, their heirs, successors and assigns, shall be under no obligation to install or participate in the cost of and/or maintenance of a paved cartway over said easement. In the event Grantor, his heirs, successors or assigns, shall not have constructed a paved cartway within five (5) years from the date hereof over said easement, Grantor, his heirs, successors and assigns, agrees to relinquish this easement and to provide at no expense to Grantees, their heirs, successors and assigns, a release of said easement. In the event a paved cartway is constructed within five (5) years from the date hereof over said easement, Grantor, his heirs, successors and assigns, agrees to provide Grantees, their heirs, successors and assigns, agrees to provide to Grantees, their heirs, successors and assigns, an easement on other lands of Grantor adjacent to the easement granted 1637922-1 .. No. 05-2076 herein by Grantees over a strip of land twenty (20) feet in depth along the entire northern boundary of the hereinabove described property conveyed to Grantees, their heirs, successors and assigns. 2. FURTHER EXCEPTING AND RESERVING unto Grantors, their heirs, successors and assigns, and Grantees, their heirs, successors and assigns, as applicable, those cross parking, driveway and access easements referred to in the deed dated April 13, 1976 from Grantor to Grantees conveying said Lot No.2, which deed is recorded in Cumberland County Deed Book N, Volume 26, Page 476. BEING the same premises which Janice F. Adler, Cynthia Adler McKee and Charles Adler, III, Executors of the Estate of Alice F. Adler, deceased, and Betty J. Adler, Co-Partners tla Albefore Realty, by deed dated January 26, 1996 and recorded in Deed Book 134, Page 427, granted and conveyed unto to David L. Ellis. Being designated as Cumberland County Tax Parcel No. 13-230553-69. SEIZED IN EXECUTION as the property of David L. Ellis on Judgment No. 05-2076. 1637922-1 No. 05-2076 .... IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW SOVEREIGN BANK, Plaintiff vs. No. 05-2076 DAVID L. ELLIS, Defendant NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: David L. Ellis 3350 North Third Street Harrisburg, P A 17110-1407 Your real estate at 3552 Old Gettysburg Road, Allen Township, Cumberland County, Pennsylvania is scheduled to be sold at Sheriff s Sale on September 6, 2006 at 10:00 a.m., by the office of the Cumberland County Sheriff in Commissioner's Hearing Room, 2nd Floor, Cumberland County Courthouse, One Courthouse Square, Carlisle, Pennsylvania to enforce the court judgment of$545,837.80 obtained by Sovereign Bank, against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale you must take immediate action: 1. The sale will be canceled if you pay to Sovereign Bank (the amount of the judgment plus costs)(the back payments, late charges, costs, and reasonable attorney's fees due). To find out how you must pay, you may call Thomas 1. Young at (610) 526-6429. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 1637922-1 No. 05-2076 ... 3 . You may be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice below to find out how to obtain an attorney). YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HA VE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price by calling the Sheriff of Cumberland County, at (717) 240-6399. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call the Sheriff of Cumberland County, at (717) 240-6399. 4. If the amount due from the buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have a right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff on October 6,2006. This schedule will state who will be receiving the money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after October 6,2006. 7. You may also have other rights and defenses, or ways of getting your house back, 1637922-1 No. 05-2076 if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LA WYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAYBE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE Lawyer Referral Service Cumberland County Bar Association 32 S. Bedford St. Carlisle, P A 17013 Phone Number: (800) 990-9108 1637922- ] No. 05-2076 ALL THAT CERTAIN piece or parcel ofland situate in Lower Allen Township, Cumberland County, Pennsylvania, more particularly bounded and described as follows: BEGINNING at a point on the northern right-of-way line of Old Gettysburg Road (L.R. 21009), said point being referenced north fifty-one (51) degrees twenty-seven (27) minutes forty-seven (47) seconds east a distance of one hundred ninety-four (194.0) feet from the intersection of the northern right-of-way line of said Old Gettysburg Road with the eastern right-of-way line of Zimmerman Drive; thence north thirty-eight (38) degrees thirty-two (32) minutes thirteen (13) seconds west a distance of two hundred sixty-eight and forty-nine one-hundredths (268.49) feet to a point; thence north fifty-one (51) degrees twenty-seven (27) minutes forty-seven (47) seconds east a distance of one hundred thirty-seven and ninety one-hundredths (137.90) feet to a point; thence south thirty-eight (38) degrees thirty-two (32) minutes thirteen (13) seconds east a distance of two hundred sixty-eight and forth-nine one-hundredths (268.49) feet to a point along the northern right-of-way line of said Old Gettysburg Road; thence a long same south fifty-one (51) degrees twenty-seven (27) minutes forty-seven (47) seconds west a distance of one hundred thirty-seven and ninety one-hundredths (137.90) feet to a point, the place of BEGINNING. BEING known as 3552 Old Gettysburg Road. CONTAINING 37,025 square feet and being Lot No. 2A of the Subdivision Plan of Lot No.2 dated February 20,1976 prepared by Edward F. Sanders, Registered Surveyor, which Subdivision Plan is recorded in the Office of the Recorder of Deeds of Cumberland County in Plan Book 27, Page 122. 1. EXCEPTING AND RESERVING unto the Grantors, their heirs, successors and assigns, a perpetual driveway easement twenty (20) feet in depth in common with the Grantees, their heirs, successors and assigns, for ingress and egress of persons and vehicles at, across and along the entire northern boundary of the property conveyed hereinabove, the course and distance of said northern boundary being north fifty-one (51) degrees twenty-seven (27) minutes forty-seven (47) seconds east a distance of one hundred thirty-seven and ninety one-hundredths (137.90) feet, and the purpose of which easement is to serve Grantees, their heirs, successors and assigns, and other users of the remainder of the tract of which the hereinabove described property is a part and which entire tract is described in the Subdivision Plan dated October 24, 1975 prepared by Edward F. Sanders, Registered Surveyor, recorded in Cumberland County Plan Book 27, Page 26. Further, it is intended that the said driveway easement shall extend to the east of the hereinabove described property along the entire northern boundary of Lot No.5 described in the Subdivision Plan recorded in Cumberland County Plan Book 27, Page 26. Grantees, their heirs, successors and assigns, shall be under no obligation to install or participate in the cost of and/or maintenance of a paved cartway over said easement. In the event Grantor, his heirs, successors or assigns, shall not have constructed a paved cartway within five (5) years from the date hereof over said easement, Grantor, his heirs, successors and assigns, agrees to relinquish this easement and to provide at no expense to Grantees, their heirs, successors and assigns, a release of said easement. In the event a paved cartway is constructed within five (5) years from the date hereof over said easement, Grantor, his heirs, successors and assigns, agrees to provide Grantees, their heirs, successors and assigns, agrees to provide to Grantees, their heirs, successors and assigns, an easement on other lands of Grantor adjacent to the easement granted 1637922-1 No. 05-2076 ... herein by Grantees over a strip of land twenty (20) feet in depth along the entire northern boundary of the hereinabove described property conveyed to Grantees, their heirs, successors and assigns. 2. FURTHER EXCEPTING AND RESERVING unto Grantors, their heirs, successors and assigns, and Grantees, their heirs, successors and assigns, as applicable, those cross parking, driveway and access easements referred to in the deed dated April 13, 1976 from Grantor to Grantees conveying said Lot No.2, which deed is recorded in Cumberland County Deed Book N, Volume 26, Page 476. BEING the same premises which Janice F. Adler, Cynthia Adler McKee and Charles Adler, III, Executors ofthe Estate of Alice F. Adler, deceased, and Betty 1. Adler, Co-Partners tJa Albefore Realty, by deed dated January 26, 1996 and recorded in Deed Book 134, Page 427, granted and conveyed unto to David L. Ellis. Being designated as Cumberland County Tax Parcel No. 13-230553-69. SEIZED IN EXECUTION as the property of David L. Ellis on Judgment No. 05-2076. 1637922-1 WRIT OF EXECUTIO~ and/or ATTACHMENT COMMONWEALTH OF PENNSYL VANIA) COUNTY OF CUMBERLAND) NO 05-2076 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due SOVEREIGN BANK, Plaintiff (s) From DAVID L. ELLIS (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property ofthe defendant (s) or otherwise disposing thereof; (3) Ifproperty of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $481,510.23 Interest TO 4/4/05 - $14,103.74 Atty's Comm % Atty Paid $115.10 ATTORNEYS' FEES (10%) - $48,151.03 Plaintiff Paid Date: MAY 31,2006 (Seal) REQUESTING PARTY: Name GEORGE J. SHOOP, ESQUIRE Address: 501 WASHINGTON STREET P.O.BOX 942 READING, P A 19603-0942 Attorney for: PLAINTIFF Telephone: 610-898-7157 Supreme Court ID No. 25367 L.L. $.50 Due Prothy $1.00 Other Costs LATE CHARGES - $2,072.80 Prothonotary By: Deputy Real Estate Sale # 74 On June 02, 2006 the Sheriff levied upon the defendant's interest in the real property situated in Lower Allen Township, Cumberland County, P A Known and numbered as 3552 Old Gettysburg Road, Camp Hill, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herei~ ..g N W Date: June 02, 2006 By: Jdciu{\~ Real Es6t'Sergeant ~ @B ~ ~ C!!::I ~I' "-' c:::> <= =- :") '--0 :i"'" :0"'" P1 ('j ;::: fT'! :,0 -~.; ...,.., 5-1 :J: C') fT'! ,=> c:u> x:J: ......fT'! .<~ . ..." -0.." )> c.... c= Z I N ,. .. THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss Joseph A. Dennison, being duly sworn according to law, deposes and says: That he is the Assistant Controller of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot- News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Metro editions which appeared in the 19th and 26th day(s) of July and the 2nd day(s) of August 2006. That neither he nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. PUBLICATION COPY SALE#74 .. CUMBERLAND COUNTY SHERIFF'S OFFICE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA. 17013 PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA SSe COUNTY OF CUMBERLAND Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, VIZ: July 21, July 28, and August 4,2006 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. SWORN TO AND SUBSCRIBED before me this 4 day of August. 2006 NOTARIAL SEAL LOIS E. SNYDER, Notary Public Carlisle Boro, Cumberland County , My Commission Expires March 5, 2009 toi>.Ml-A>._ ~;.t'_';'"l<"" RUL IE8TATIt SALE JIfO. 74 Writ No. 2005-2076 Civil Sovereign Bank vs. David L. Ellls and Connie A Touloumes Atty.: George J. Shoop ALL THAT CERTAIN piece or parcel of land situate in Lower Allen Township, Cumberland County, Pennsylvania, more particularly bounded and described as follows: BEGINNING at a point on the northern right-of-way line of Old Gettysburg Road (L.R. 21009), said point being referenced north fifty- one (51) degrees twenty-seven (27) minutes forty-seven (47) seconds east a distance of one hundred ninety-four (194.0) feet from the intersection of the northern right- of-way line of said Old Gettysburg Road with the eastern right-of-way line of Zimmerman Drive; thence north thirty-eight (38) degrees thirty- two (32) minutes thirteen (13) sec- onds west a distance of two hun- dred sixty-eight and forty-nine one- hundredths (268.49) feet to a point; thence north fifty-one (51) degrees twenty-seven (27) minutes forty- seven (47) seconds east a distance of one hundred thirty-seven and ninety one-hundredths (137.90) feet to a point; thence south thirty-eight (38) degrees thirty-two (32) minutes thirteen (13) seconds east a distance of two hundred sixty-eight and forth-nine one-hundredths (268.49) feet to a point along the northern right-of-way line of said Old Gettysburg Road; thence a long same south fifty-one (51) degrees twenty-seven (27) minutes forty- seven (47) seconds west a distance of one hundred thirty-seven and ninety one-hundredths (137.90) feet to a point. the place of BEGINNING. BEING known as 3552 Old Gettysburg Road. CONTAINING 37,025 square feet and being Lot No. 2A of the Subdi- vision Plan of Lot No. 2 dated Feb- ruary 20, 1976 prepared by Edward F. Sanders. Registered Surveyor. which Subdivision Plan is recorded in the Office of the Recorder of Deeds of Cumberland County in Plan Book 27, Page 122. 1. EXCEPTING AND liliSERV- ING unto the Grantors, their heirs, successors and assigns. a perpetual driveway easement twenty (20) feet In depth In common with the Grant- ees, their heirs, successors and assigns. for ingress and egress of persons and vehicles at, across and along the entire northern boundary of the property conveyed herein- above, the course and distance of said northern boundary being north fifty-one (51) degrees twenty-seven (27) minutes forty-seven (47) sec- onds east a distance of one hun- dred thirty-seven and ninety one- hundredths (137.90) feet. and the purpose of which easement is to serve Grantees. their heirs. succes- sors and assigns, and other users of the remainder of the tract of which the hereinabove described property is a part and which entire tract is described in the Subdivi- sion Plan dated October 24, 1975 prepared by Edward F. Sanders, Registered Surveyor, recorded in Cumberland County Plan Book 27, Page 26. Further. it is Intended that the said driveway easement shall extend to the east of the hereinabove described property along the entire northern boundary of Lot No. 5 de- scribed in the Subdivision Plan re- corded in Cumberland County Plan Book 27, Page 26. Grantees, their heirs, successors and assigns. shall be under no obligation to install or participate in the cost of and/or maintenance of a paved cartway over said easement. In the event Grantor, his heirs, successors or assigns. shall not have constructed a paved cartway within five (5) years from the date hereof over said ease- ment. Grantor, his heirs. succes- sors and assigns, agrees to relin- quish this easement and to provide at no expense to Grantees. their heirs, successors and assigns. a release of said easement. In the event a paved cartway is con- structed within five (5) years from the date hereof over said easement, Grantor, his heirs, successors and assigns, agrees to provide Grant- ees, their heirs, successors and assigns, agrees to provide to Grant- ees, their heirs. successors and assigns. an easement on other lands of Grantor adjacent to the easement granted herein by Grantees over a strip ofland twenty (20) feet in depth along the entire northern boundary of the hereinabove described prop- erty conveyed to Grantees. their heirs. successors and assigns. 2. FURTHER EXCEPTING AND RESERVING unto Grantors, their heirs, SUccessors and assigns and Grantees, their heirs, succe~sors and assigns, as applicable those cross parking drt ' , veway and access easements referred to in the deed dated April 13, 1976 from Grantor to Grantees conveytng Said Lot N 2, which deed is recorded i~ Cumberland County Deed Book N Volume 26, Page 476. ' ~EING the same premises which Jamce F. Adler, Cynthia Adler MCKee and Charles Adler, m, Ex- ecutors of the Estate of AU F Adler. deceased, and Betty J. ~er:' CO-Partners tfa Albefore Realty b' deed dated January- 26, 1996 ~~ recorded in Deed Book 134 P 427 ' age D . granted and COnveyed unto to aVid L. Ellis. Being deSignated as Cumberland i~~nty Tax Parcel No. 13-230553- SEIZED IN EXECUTION as the property of David L. Ellis on Judg- ment No. 05-2076. -