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Home My WebLink About05-5871 Matthew J, Eshelman, Esquire ID No. 72655 SAID IS, SHUFF, FLOWER & LINDSAY 2 I 09 Market Street Camp HilI, PA 170]] Telephone: (7]7) 737-3405 Facsimile: (717) 737-3407 o COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION COMMUNITYBANKS, : DOCKET NO: OJ'.-:,'7 7/ {!.,;.J 7;...- flkJa Community Banks, N.A., Plaintiff vs. : CONFESSION OF JUDGMENT FREDERICK L. SULLENBERGER and KRISTIE L. SULLENBERGER, Defendants : PREVIOUSLY ASSIGNED TO: N/A CONFESSION OF JUDGMENT Pursuant to the authority contained in the warrant of attorney, the original or a copy of which is attached to the complaint filed in this action, I appear for the Defendants and confess judgment in favor of the Plaintiff and against Defendants as follows: a. Principal Interest to November 3, 2005 Late Charges Satisfaction Fees Attorney's Commission b. c, d. e. TOTAL Respect SAI Date: November 3, 2005 $ 32,956.24 $ $ $ $ $ 7]5.88 + $7,78 per diem 93,30 40,00 3.380,54 37,185.96 plus additional interest and costs from the date of the Complaint. R & LINDSAY By: Matthew J. 'lman, Esquire ID #72655 2]09 Market Street, Camp Hill, PA 170]] (7] 7) 737-3405 (fax) 737-3407 Attorneys for Plaintiff, CommunityBanks 05,1 "<0'\ t,,';0v \\'" "\ \ \\ \ \'\,t ,CI, "I ,.,.", ")i-\\.~O ,"\\';;\;:' .l, r:.~N-;~\;jG-<9"~ 4, . Matthew 1. Eshelman, Esquire 1D No, 72655 SAlOIS, SHUFF, FLOWER & LINDSAY 2109 Market Street Camp Hill, PA 17011 Telephone: (717) 737-3405 Facsimile: (717) 737-3407 COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION : DOCKET NO: 0)'- Sf 1/ G..~ T;- COMMUNITYBANKS, f/kJa Community Banks, NA, Plaintiff v. : CONFESSION OF JUDGMENT FREDERICK L. SULLENBERGER and KRISTIE L. SULLENBERGER, Defendants : PREVIOUSLY ASSIGNED TO: N/A To: Frederick L. Sullenberger and Kristie L. Sullenberger, Defendants You are hereby notified that on 72&ouu.k / 'i ,2005, judgment by confession was """,,_"' y"" in <I" ,= 'fl37,I85.% i, ,", """@ DATE: ~ - P onotaI)' J YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP, Cumberland County Bar Association 32 South Bedford Street Carlisle, P A 17013 (717) 249-3166 or 1-800-990-9108 I hereby certify that the following are the addresses of the defendants stated in the certificate ofresidence: ". ..... Frederick L. Sullenberger 24 Lancaster Road P.O. Box 97 Enola, P A 17025 Kristie L. Sullenberger 24 Lancaster Road , ( < P.O Box, 97 I, En , p' 17025 11, ~ , - Attorney for Plaintiff A, Frederick L. Sullenberger and Kristie L. Sullenberger, Dernandado(s) Por este medio sea avisado que en el dia de de 2005, un fallo por admision fue registrado contra usted por la conti dad de $37,185.96 del caso antes escrito, Fecha: el dia de de 2005 Protonotario LLEVE ESTA DEMANDA A UN ABODAGO lMMEDIATAMENTE. SI NO TIENE ABOGADO 0 SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VA Y A EN PERSONA A LLAME POR TELEFONO A LA OFICINA CUY A DIRECClON SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. Cwnberland County Bar Association 32 South Bedford Street Carlisle, P A 17013 (717) 249-3166 or 1-800-990-9108 Por este medio certifico que 10 siguiente es la direccion del demandado dicho en el certificado de residencia: Frederick L. Sullenberger 24 Lancaster Road P.O, Box 97 Enola, P A 17025 Kristie L. Sullenberger 24 Lancaster Road P.O. Box 97 I/';":~ 170;5 ~I,l L- Abogada(a) de D~mandante(s) Matthew J. Eshelman, Esquire ID No. 72655 SAlOIS, SHUFF, FLOWER & LINDSAY 2109 Market Street Camp Hill, P A 17011 Telephone: (717) 737-3405 Facsimile: (717) 737-3407 COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION : DOCKET NO: OS. ':)'i'7) Ct.~':..J fL- COMMUNITYBANKS, flk/a Community Banks, N.A., Plaintiff vs. : CONFESSION OF JUDGMENT FREDERICK L. SULLENBERGER and KRISTIE L. SULLENBERGER, Defendants PREVIOUSLY ASSIGNED TO: N/ A COMPLAINT FOR CONFESSION OF JUDGMENT UNDER RULE 2951 I. The name and address of the Plaintiff is CommunityBanks, formerly known as Community Banks, N.A., having a principal regional office located at 2796 Old Post Road, Harrisburg, Pennsylvania 17110. 2. The names and last known addresses of the Defendants are Frederick L. Sullenberger and Kristie L. Sullenberger ("Defendants"), 24 Lancaster Road, PO Box 97, Enola, Pennsylvania 17025. 3. On October 19, 2001, Defendants executed and delivered to Plaintiff a Promissory Note in the original principal amount of $38,400.00 ("Note"), a true and correct photostatic reproduction of the original of which is attached hereto as Exhibit "A" and made a part hereof. 4. Defendants are in default of Defendants' obligations to make payment to Plaintiff as required in the Note, and Plaintiff has demanded payment in full of all outstanding amounts as provided in the Note. A copy of Plaintiffs demand dated September 1,2005, is attached hereto as Exhibit "B" and made a part hereof. 6. Defendants executed and delivered to Plaintiff a Business Purpose Affidavit, a true and correct photostatic reproduction of the original of which is attached hereto as Exhibit "C" and made a part hereof. 7. Judgment is not being entered by confession against a natural person in connection with a consumer credit transaction. 8. There has not been any assignment of the Note. 9. Judgment has not been entered on the Note in any jurisdiction. 10. The amount due to Plaintiff as a result of Defendants' default is as follows: a. Principal $ 32,956.24 b. Interest to November 3, 2005 $ 715.88 + $7.78 per diem c. Late Charges $ 93.30 d. Satisfaction Fees $ 40.00 e. Attorney's Commission $ 3.380.54 TOTAL $ 37,185.96 11. Interest continues to accrue at the default rate provided in the Note, giving rise to a claim for interest at the rate of$7.78 per day. WHEREFORE, Plaintiff, CommunityBanks, formerly known as Community Banks, N.A., demands judgment against Frederick L. Sullenberger and Kristie L. Sullenberger, Defendants, in the amount of $37,185.96, plus interest at the rate of $7.78 per day, from November 3, 2005, through the date of payment, including on and after the date of entry of judgment on this Complaint, and costs. Respectf SAID Date: November 3, 2005 By: Matthew J. Eshelman, Esquire ID #72655 2109 Market Street, Camp Hill, PA 17011 (717) 737-3405 (fax) 737-3407 Attorneys for Plaintiff, CommunityBanks ~ J:Sanks,NA 150 Marf(et Square P.O. Box 350 Mlllersburg, PA 17061 (7t7) 692-4781 -LENDER" - --......"'.............y..... K~.8tie L Sullenberger ."OPRess 24 Lancaster Avenue B~~1a. ~A 17025 1'I!LI!PHONI! NO; ioejimFleAtlOtl W); COMMERCIAL FIXED RATE PROMISSORY NOTE AC IDI!NnflCAnOH ~ " ""12 PRlNClPA AMOUNT . ........ eOAN ,row,," 30 B.500 '\ $38,400.00 4.01,010 Purchase ro erty as investment roper~ with potential of resale. PROMJSE TO PAY: For value received, Borrower promises to pay 10 the order of Lender the principal arnoool 01 Thirt.y Eight Thousand Four Hundred and no/lOa DoItars ($ J8. 'lOa .00 ) plus inl9f9sl on \he unpaid principal balance al Ihe rale and in the manner described below, until all amounts owing under Ihls Nole ant paid in lull. An arl'lOUnlS received by Lender shan be applied first to accrued, unpaid inlerest, lhen 10 unpaid principal, and lhen to any lale charges and expenses, 01' in any olher OJ09t as delermined by Lander, in Lande" s sole dlscretion, as permiUed by law. INTEREST RATE: Inlerest shall be COmpuled on the basis of the~ctual number of days over .360 davs per year. Interest on this Note shall be calculated and ?l!lyable at the lixed Isle ol S. 500 % pet" annum. DEFAULT RATE: If thlJfe is an Event 01 Delault under this Note, the lender may. in its discretion, increase lhe interest rate on lhls Note to: Rate in effect at time of maturit~s two percent (2%). or the maximum inlerest fale lender is permitted to charge by law, whichever is less. PAYMENT SCHEDULE: Borrower shall pay the prlncipat and inlor9S1 according 10 the loIIowing schedule: On demand, but it no demand is made. thenl 179 payments of $380.83 beginning November 18, 2001 and continuing at monthly time intervals thereafter. A final payment of the unpaid principal balance plus accrued interest is due and payable on Oetober 18, 2016. PREPAYMENT: This Nole may be prepaid In part or In lull on 0( before its malUl'ily dale. If It1Is Note conlalns more /han one Installment, any partial p~epayment will not affect the due dale or the amount of any subsequent installment, unless agreed to, in Wfil.ing, lYf Bonowet and leoder. "Ihls Note Is prepaid in lufl, there will be: IKJ No minimum finance charge or prepayment penalty. 0 A minimum rinance charge of $ . 0 A prepaymant penafly 01: lATE CHARGE: II a paymenl Is received more than ....!.2- days late, So\'f()W&l will be charged a Iale charge of: 0 amount of the lale payment; [j 5.00 or 5. 00 ~ ollhe unpaid amounl otthe late paymenl, whk:hevet is o less. SECURITY: To secure lhe peyment and perlormance 01 obligations incllUed u(lder Ihis Nole, Borrower granls lender a S9CUl'jty inferest in an 01 Borrower's right, tille, and inlerest in all monies, instruments, savings, chec1<ing and other accounts of Borrower (excluding lRA,K9Oii1l, trust accounts and other accounts sllb\ect \0 \ax peoaRles II so assigned) thai are now or in the fulure In lender's cuslody or control. (X] If checked, the obligations under lhis Note are also secured by the coIlataral described In any securtly instrument(5) execuled In connecllon wUh lhis Note, and any corlaleral described in any olt\ef S9CU1'l\y inslru.ment(s) ~ \his Nola or all of Borrower's obligations. %ollhe unpsld lJreatBr RENEWAL: 0 If checked, Ihis Nole is a renewal, bul oot a salislaclion, of Loan Number WARNING: REAO BEFORE SIGNiNG. YOU AHI: WAIVING IMPOHIANI RIGHrS lxl IF CHECKED, AS A MATERIAL INDUCEMENT TO LENDER TO MAKE THE LOAN EVIDENCED BY THIS NOTE, BORROWERIRREVOCABl Y AUTHOAIZESANO EMPOWERS :ANY ATTORNEY OR THE PAOTtIONOTARYOR CLERK OF ANY COUAT IN THE COMMONWEALTH OF PENNSYlVANIA. OR ELSEWHERE, TO APPEAR AS ATTORNEY FOR BORROWERtN ANY ACTION BROUGHT BY LENDER AFTER BORROWEA'SDEFAUl T UNDER THIS NOrE Of\ AWt' OTHER 1.0,," OOCUMeNT, AND TO CONFESS JUDGMENT AGAINSt OORROWeRfORAll SUMS DUE UNDER THIS NOTE OR ANY OTHER LOAN DOCUMENT. AND FOA AU. ACCRUED INTEREST ON THOSE AMOUNTS. COST OF SUIT, AND ATTORNEY FEES, TOGETHER WITH INTEREST ON ANY JUDGMENT, AT THE RATE OF INTEAEST SPECIFIED IN THE NOTE AFTER DEFAULT, FROM THE ENTRY OF SUCH JUDGMENT UNTIL THE FULL AMOUNT DUE lENDER IS ACTUALLY RECEIVED. THIS NOTE. OR A COPY VERIFIED BY AFFIDAVIT, WILL 8e A SUfFICtENT Wft,RAANT THE AUTHORITY GRANTED HEREIN MAY B! EXEACISEOAS NEEOED Ff!.OMTw.e TO TIME, AS OFiEN AS NECESSARy, UNTil RECEIPT OF PAyMENT IN FUlL OF All SUMS oue\.'CNDER aORROWERKNOWrNGl Y, INTENTIONALLY AND VOLUNTARILY, AFTER CONSULTATION WITH INDEPENDENT COUNSel. UNCONDITIONALLY WI\lIJES ~Y ANO All RIGHTS fa DUE PROCESS BORROWER HAS OR MAY HAVE UNDER THE COHS11TUTlQNS AND LAWS OF THE UNITED STATES AND Of TH~ COMMONWEAlTH OF PENNSYlV,AN1A. EXCEPT THE RIGHT TO ANY NOTICE AND/OR HEARING REQUIRED UNDER APPUCABlE lAW WITH RESPECT TO THE exeCUrtoN OF ANY CONFESSED JUDGMENT. BORROWER FUATHER UNOERSTANOS THAT UPON BORROWER'S OEFAUl T AND CONFESSION OF JUDGMENT, THIS WAVIER ALLOWS lENDER TO IMMEDIATELY EXECUTE UPON AND SEIZE AND SEll ANY OF 8ORFlOWER.S PROPERTY WITHOUT PRIOR NOTICE OR OPPORTU""Y FOR HEARING, EXCEPT ANY NQTICE ANOOR HEARING REQUIRED UNDER APPUCAel.E \.AW WITH AE:SPECT TO THE EXECUTION O~ THE CONFEsseO JUDGMENT, IN ORDER TO SATISFY OR seCURE All SUMS DUE. THE PERSONS SIGNING BELOW ACKNOWlEDGE THAT THEY HAVE READ, UNDERSTAND,AND AGREETO TliE TERM$ AND CONDITIONS OF THIS NOTE, INCLUDtNG THE PROVISIONS ON THE REVERSE SIDE, AND FURTHER ACKNOWlEOGE RECEIPT OF AN EXACT COPY OF THIS NOTE. IN WtTNESSWHEAEOF,the undersigned haSlhave caused thiS instrumenl to be execuled as a sealed inslrumenl Ittis 19th day 01 October. 2001 aoRRfil.oweR'~Fr;~iCk L Sullenberger ao~RROWER.K~i.~~e~~erger , / L (Soa'I.'i0J ..6 'r er' L Sullenberger K isHe L SUllenberger r (SoeI) BORROWER. BORROWER: (Seal) (See\) BORROWER: BORROWER: (Seal) \SeoI) BORROWER: BORROWER' (SeoJ) (SoaIl. / !I,PPA2Ql fl John H. H__ Co. (9"19197) (llOlIl 537.3199 E Y hi h) (e,4 /1 \.r 1. EVENTS OF DEFAULT. An Evenl of Defat. collalerallo secure this Nole; (a) raifs 10 make any paymenl on this Nole or any other indebtedness 10 lender when due; {b) lails 10 perform any obrrgatlon or breaches any warranty or covenant to Lgnde( conlained in \his NoIe, any securily Instrument, or any 01hM present or loture wrilten agreement regarding this or any other lI1debtedness of Borrower to lender; (c) provides or causes any false or misleadirlg signature or representation 10 be provided to lender; Itl} sells, corNeyS, or Iranslers rlghls in any collateral securing Ihls Note without the wrillen approval 01 lender; deslroys, loses or damaoes such coflaleral in any material respect; or subjects such collateral to seizure, confiscalion or condemnalion; (e) has a garnishmetlt, ludgmerll, tal( levy, aUacJ1.rnent Of lien en\9\'ed QI served againsl Borrower, any guarantor, or any lhird party pledging coIlalarallo secure this Note or any of their property; {~ dies, becomes legally incompelenl, Is dissolved or terminaled, ceases to operate its business, becomes insolvent, makes 1m l'!.sslgnmero lor \he benem ot creditors, rails 10 pay debls as they become due, 01 becomes the subject 01 any b3nkruplcy, insolvency or debtof rehabRllalfon prOCeeding: (g) lails 10 provide Lender evldenctl Ql saUsi&ctoty fll'oar.cial coodII.lon; (hi has a majority or lis outstanding voting securities sold, transferred or conveyed 10 any person or entity other lhan any person or enUty that has the majority ownership as ollhe date of the execution of this Note; Of (1) causes Lender 10 deem itself insecure due to a significant decline in the value 01 any reaf Of P9fS()(tal property securing payment ollhis Note, or Lender in good faith, believes the prospect or payment or performance Is llnpalrad. 2. RIGHTS OF LENDER ON EVENT OF DEFAULT. II there is an Evenl 01 Delaurt under this Nole, lender wHI be entitled 10 exercise one or more of the following remedIes without nollce or demand (ellcepl as requinKf by law): (a) 10 declare the principal amount plus accrued Interest under (!\is Nola and all olh91' presenl and lulUfe obligations 01 Borrower immediately dUfl and payable in full, such acceleralion shall 00 aulomallc and immediate if tha Event 01 Delaull Is a ffllng under tha Bankruptcy Code: (b) to coIIectlhe outstanding obligations of Borrower with or without resOl1ing to judicial process; Ic) \0 cease making advances under this Note or any other agreement between Borrower and lender; (ef) to lake possession 01 any cortateralln any manner p91'milted by law; {e) to require Borrower to deliver and ma\c.e avaitable \Q Lend91' any colla\eral al a place reasonably convenient to Borrower and lender; m to self, lease or otherwise dispose rn any collateral and collect any deficiency balance wilh or without resorting 10 tegal process; (g) to sel-off Borrower's obligations against any amounts due 10 Borrower including, bot not tkNted 10, monies, inslrumenls, and deposit accounts maintained with lander: and (h) 10 exercise all other rights availabre to l8flder under any olher wrlllen agreemenl or applicable law. lander's rights BfQ c\J!rn,lla\ive and may be exercised together, separately, and in any order. lender's remedies under \tIls paragraph are in addlllon 10 lhose aVltftable at common law, includlng, but nol limited 10, lhe right of sel-QII. 3. DEMANQ FEATURE. (!] 11 th9clled, \his Nole contains a demand leaMe. Lender's righllo demand payment, at any time, and fram lime to lime, ghafl b9 ir1 Lender's sole and absolute discrellon, whelher or not any defaut! has occurred, 4. FINANCIAL lNFORMA TtON, 8O!"rowef will a\ all times keep proper books 01 record and account in which full, true and correct entries shan be made in accordance wilh g90Mally accepted accounllng principle!! and win deliver to l.ender, wllhin ninety (90) days alter the end 01 each fiscal year of Borrower, a copy 01 1M annual linancial stalements of Bon-ower relaliny 10 such rlSt81 yetu, 5\1Ch sla\emems to include (1) the balance sheet 01 Borrower as allhe end of such fiscal year and Iii) the related income stalement, slatement of relained earnings and slaler1'lenl of cash flow 01 aorrOWfJf for such fiscal year, prepared by such certified public accounlanls as may be reasonably salis'1\ctory 10 lender. Borrower also agre~ to detlver \0 Lend~r witNr>. m\een (15} days ani'll lifu1g same, a copy of Borrower's income lax relums and also, from lime to time, such olher financial informat\ot1 wilh respect 10 Borrower as Lender may requesl 5. MODIFICATION AND WAIVER. rhe modlllca,\\orI Of waNer of allY ot Borrower's obIigeUons or lender's rlghls under this Note must be tonlalned In a writing signed by lender. 19t'lder msy l}9rlorm any of Borrower's obligations or delay or fan 10 9lferclse any 01 its rights without causing a waiver 01 lhose obligatfons or rights. A waiver on one occasion wnl not constitute a waiver on any other OOC8s1on. Borrower's obl!gallons under !hIs Note shan not be anected if lender amends, compromises. 9lfchanges, rails 10 exercise, Impeirs 01 releases any of the obligations belonging 10 any co-borrower or guarantor or any 01 its rights against any co.borrower, guaranlor, lhe cotlateral or any olher property securing Ihe obligations, Lender may accep\ and apply checks MltI oIl'9l \nslrumenls marked "Paid in Full" or with a similar phrase describing a payment as lull satlslacllon of the obligations incurred under this Nola, withoul being bound by that language and wlthoul waiving any rights 10 payment of all amounts owing under Ihls NoIe, 6. SEVERABtUTY. U any pfovisioll of Ihis Nola is invalid, illegal or unenrorceable, the validity, legality, 8nd 9flforceab~lty of Ihe remaining provisions shaH nol in any way be aHected or impaired thereby. TERMS AND CON0lT10NS ..1If occur undBf this Note in the event that Borf0W9'. 'J guarantor or any other third party P9dgIng 7, ASSIGNMENT, Bor:rowqr agrees MI \0 a$slgn atTf Ql Borrower's rights. remedies or obligations described In this Note without the priof written consent or Lendfl'r, which consenl may 00 withheld by leoder In Its sole discretion, Borrower agrees that lender is entitled to ssslgn some or aM of lit righls and remedies described in this Nole wllI~ul notice to Of Ihe prior consenl of BoUOW9f . 8. NOTICE. Any notice or olher communication 10 be provided 10 Borrower or lender under lhis NoIe shall be In wrlltng and sent 10 Ihe parnes althe addresses described in this Note or such olher address as Ihe parties may designate in writing rrom time to time. 9. APPlICABlELAW, ThIs Note shall be govemed by the laws of lhe slale indicated in lender's address. Unless apPlIcable law provld6s otherwlsa. Borrower consents 10 the jurisdiction llnd venue of any court located In such slale selecled by lender, in Its d19(:retlon, In 1M tNer.t oi any Iega' pl"oceeding \.InOer \his Note. 10, COLLECTION COSTS. To the extent pennllled by law, Borrower agrees to pay lender's reMonabte fees arld costs, including. hut nolllmlted 10, leAS and costs of attorneys and other agents (including wilhout "milation pctralegats, cierks and consultants), whelher Of not such alltlmay or agen1 " a" p.mployee 01 Lender, wI1lch tire incurred by lender In collecling any al'\1OlJlt due or enforcing any rlghl or remedy under this Nola, whether 0( nol suft is brought, including, but nollimiled to, all fees and costs lncUI'roo on appeal. In bantuuplCy, and lor flOt'lt-Judgment collection actions. 1 f, MISCELLANEOUS. This Nole is being ellecuted prImarily lor commercIa', agrlcullural. Of business purposes. Borrower and lender agree lhel til11e is 01 the essence. Borrower agrees t<) mllke aft payments 10 Lender at any address designated by Lender and in lawful United States CUl'r9nCy, Borrower and any person who endorses this Note welves presentmenl, demand for payment, I1Otlc9 Ql dishonor and pmIest and lurther waives any right 10 requife lender 10 proceed agalnsl anyone e1Stt before proceeding against 80ft0Wer or said person. AI\ felel'tmces \0 BO/Tower itl1hIs Note shall Include a1l 01 !he parlles siglling Ihis Note, arxf lhls Nole shall be b/rJd1ng upon the heirs, successors and assigns 01 Borrower and lender. IIt'*tt It more than one Borrower their obIigetio"s under this Note sharr be joint and sev$qJ1. In/ormation conc:eming this Note may be tepor1ed to credit reporting !Jgencles and wi\! be ll'lade avail~ when feqlJesled by proper legal process. This Nola represents lhe complele and inteQrllted understanding between Borrower and Lender regardlflg lI1a terms h9r90l. 12. JURY TRIAL WAIVER. LENDER ANO BORROWER HEREB'V VfA'....eANY RIGHT TO A TRIAL BY JURY IN ANY CIVIL ACTION ARISING OllT OF, OR BASED UPON, 1HIS NOTe OR THE COllATERAL SECURING THIS NOTE. 13. ADOl1'lONAl TERMS: Communit~Banks September 1, 2005 Frederick L. Sullenberger Kristie L. Sullenberger 24 Lancaster Avenue Enola, P A 17025 Dear Mr. and Mrs. Sullenberger, This is your notice that Community Banks has elected to demand payment in full of all of your obligations, # 54008961, # 45017080 and # 46006950. The payoffs are due no later than September 30,2005 at 2:00 PM at the address listed below. Failure to pay the obligations in full will res \:lit in your accounts will be assigned to our Attorneys for legal action. The current payoff balances need to be obtained by contacting the author of this letter in writing indicating the date that payoff. t!?::r- /Lhn G. Olyarnik. A VP ;/ I Commercial Loan Officer cc: Raymond Grainger Attorney, Matthew Eshelman The request for the payoff and or the payoffs must me sent to: Community Banks Attention: John Olyarnik 2796 Old Post Road Harrisburg, P A 1711 0 P.O. Box 350 . Millersburg, PA 17061 . Phone 1-800-331-8362 E'f. hb,t {Lid iI ~ \.-ommumty ~ Banks,N.A. BORROWER {erick L Sullenberger ....._stie L Sullenberger 150 Mar1cel Square P.O. Boll 350 MlIersbutg. ?A 17061 {7171692-47t'lt ~LENDER" ':.-: ADDRESS -.i4:-La.1\ce.ster Avenue' Knols, PA 17025 TI!LI!P~I!: ,..0; lOENTlRCATI()H NQ. BUSINESS PURPOSE AFFIDAVIT T!R S .." 8.500 % OPAL "",,"N' $38.400.00 '" Nuai8eit Und61 penalty ot perjuf'j. I hefet:\'f cer\ily \hat I 9X8fcise aCluaI conlrof over Ihe managerial decisions oIlhe business enterprise kienlifled below 81ld It\at the proceeds of ..Ioen In the amoUl'\t of $ 38.400.00 ,evidenced by a Promissoty Nole daled October 19. 2001 w/U be used in the Oldlnaf'{ course of lheopt'lAUoos oC \hat business enlerpriss for '!he loIlowingbuslness purposes: purehase crODertv as investment property with potential of resale. The name of lhe business enlerprise is: .n BORROWER: Kr!stie L Sullenberger K~~U~ BORROWER" Isltaf! 10 Sullenberger re erger BORROWER: / (sean (sean OOfIAOWER: BORROWEA: {seaO Isean OORROWER BORROWER: {seal) 'sean COMMONWEALTH OF PENNSYLVANIA COUNTY OF . Ss On !his, the day 0( . before me, the unders!gnfd offlcer, personally appeared known to me (Of' satlsfaclorily proven) to be !he person whose name is subscribed to 11'\9 withiT't inslYument and acknowledged lI"WIt IWsha eJt9ClIted!he same for lhe purposes herein contained. IN WITNESS WHEREOf, I h9leunto set my hand and offlcial seal. My COOYr\ls$Ion Expires: TlUe01 Olflcer COMMONWEALTH OF PENNSVLVANlA CQUNrf OF . SS ._' btlIlore me. lhe ~riber. II. Notary PublIc In and kK lhe C...I......,~11h , \Iltlo a..JmoMBdged hknseMwJrself 10 be aIIhe , and lhat hEl/she. lIS soch oIfIcer, being authorized 10 do On... and County aforesaid. personally 01 ..,01 .".,..,,., .. so. executed the fontgOing instrument for the purposed !her" contained by sqmo the name of \he by l'Iimsellll1enJelf 8S su:h olfleer and desired thallhe same migtII be reeord8d as such. WI'TliESSmy h&Ind: and aeaI the day and yeaf afOflJ8ald. -",- Mv""""'"""'"_: LPPA808 0 F'ornWIoIlTee/InoIOgl"".Irlc.(5f7191l1 (IOlI1931.379\!1 Ex hi b,1 '(! II Matthew J. Eshelman, Esquire ID No. 72655 SAIDIS, SHUFF, FLOWER & LINDSAY 2109 Market Street Camp Hill, PA 17011 Telephone: (717) 737-3405 Facsimile: (717) 737-3407 COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION COMMUNITYBANKS, flk/a Community Banks, N.A., Plaintiff : DOCKET NO: vs. : CONFESSION OF JUDGMENT FREDERICK L. SULLENBERGER and KRISTIE L. SULLENBERGER, Defendants : PREVIOUSLY ASSIGNED TO: N/ A VERlFICA nON I, John G. Olyarnik, hereby verifY that the statements made in the foregoing Complaint are true and correct to the best of my information, knowledge and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. Date: /1/3/0 c: COMMUNITYBANKS, f/kIa COMMUNITY BANKS, N.A. Matthew J. Eshelman, Esquire ID No. 72655 SAID IS, SHUFF, FLOWER & LINDSAY 2109 Market Street Camp Hill, PA 17011 Telephone: (717) 737-3405 Facsimile: (717) 737-3407 COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION COMMUNITYBANKS, f/kla Community Banks, N.A., Plaintiff : DOCKET NO: 05'. SO' 71 C~.:..t v. : CONFESSION OF JUDGMENT FREDERICK L. SULLENBERGER and KRISTIE L. SULLENBERGER, Defendants : PREVIOUSLY ASSIGNED TO: N/ A PRAECIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please enter my appearance on behalf of Plaintiff, CommunityBanks. Papers may be served at the address set forth below. Matthew J. Eshelman, Esquire SAID IS, SHUFF, FLOWER & LIND SA Y 2109 Market Street, Camp Hill, P A 170 II (717) 737-3405 Date: --- I( q 6'> By: Matthew J. Eshelman, Esquire ID 72655 2109 Market Street, Camp Hill, PA 17011 (717) 737-3405 (fax) 737-3407 Attorneys for Plaintiff, CommunityBanks - /~~ 1.-',\ '_ j i I\I!~ ,,-;..j',, j'J1:) 112 :8 \ Pi '11 'ImlSiJUZ ;'tNL.:,~: .1;)'Jd :1111 :10 j:~I:::1:IC:r-{J:nj3 ---'~_... Matthew J. Eshelman, Esquire ID No. 72655 SAIDIS, SHUFF, FLOWER & LINDSAY 2109 Market Street CampHill,PA 17011 Telephone: (717) 737-3405 Facsimile: (717) 737-3407 COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION COMMUNITYBANKS, f/k/a Community Banks, N.A., Plaintiff v. FREDERICK L. SULLENBERGER and KRISTIE L. SULLENBERGER, Defendants : DOCKET NO: OS- S S7 J C::..t .-- /1- : CONFESSION OF JUDGMENT : PREVIOUSLY ASSIGNED TO: N/A CERTIFICATE OF ADDRESSES I hereby certifY that the precise address of Plaintiff, CommunityBanks, is 2796 Old Post Road, Harrisburg, Pennsylvania 17110; and that the last known address of the Defendants, Frederick L. Sullenberger and Kristie L. Sullenberger, 24 Lancaster Road, PO Box 97, Enola, Pennsylvania 17025. Date: November 3, 2005 Respectfllly subJ1ilitted, SAI By: Matthew J. s elman, Esquire ID #72655 2109 Market Street, Camp Hill, P A 17011 (717) 737-3405 (fax) 737-3407 Attorneys for Plaintiff, CommunityBanks ~,r!J ~2 :U ~I~' ill,WfHUDl AbUC\~> lie",,; :],'11. .:10 :'~>.:')Ci-G_;)f::1 ---- Matthew J. Eshelman, Esquire ID No. 72655 SAIDIS, SHUFF, FLOWER & LINDSAY 2109 Market Street Camp Hill, PA 17011 Telephone: (717) 737-3405 Facsimile: (717) 737-3407 COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION : DOCKET NO: 0.5- SI?? J ~~f IL<.- COMMUNITYBANKS, flk/a Community Banks, N.A., Plaintiff v. FREDERICK L. SULLENBERGER and KRISTIE L. SULLENBERGER, Defendants : CONFESSION OF JUDGMENT : PREVIOUSLY ASSIGNED TO: N/ A AFFIDAVIT OF NON-MILITARY SERVICE TO THE PROTHONOTARY: I do certify, to the best of my knowledge, that the Defendants, Frederick L. Sullenberger and Kristie L. Sullenberger, in the above-captioned action are not presently on active or nonactive military status. Date: November 3, 2005 1 By: Matthew 1. Eshelman, Esquire ID #72655 2109 Market Street, Camp Hill, P A 170 II (717) 737-3405 (fax) 737-3407 Attorneys for Plaintiff, CommunityBanks I~i'i;;'. 1'7.[1 '.1'" I..... '0 <'ii .., ',"1,1 r~'7 'j, {',On ,J'iU.... ,...."" . ,". j -',1' '0 ^dVi.'....}:\.....;"d_;~,,;J; :;111.:l ;~'i:.:;o-.<IJl13 Matthew J. Eshelman, Esquire ID No. 72655 SAIDIS, SHUFF, FLOWER & LINDSAY 2109 Market Street Camp Hill, PA 17011 Telephone: (717) 737-3405 Facsimile: (717) 737-3407 COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION DOCKET NO: OS. Sf?/ C~L~ '/~ COMMUNITYBANKS, flk/a Community Banks, N.A., Plaintiff v. CONFESSION OF JUDGMENT FREDERICK L. SULLENBERGER and KRISTIE L. SULLENBERGER, Defendants : PREVIOUSLY ASSIGNED TO: N/A NOTICES IN CONNECTION WITH JUDGMENTS BY CONFESSION REQUIRED BY 42 Pa. C.SA S 2737.1 (Act 105 of 2000) To: FREDERICK L. SULLENBERGER and KRISTlE L. SULLENBERGER, Defendants Pursuant to 42 Pa. C.S. S 2737.1. please take notice that the Plaintiff in this matter has entered a judgment by confession against you in the amount of$37,185.96. You are entitled to file a petition to "strike" or "open" the judgment. In order to do so, you must promptly file a petition with the Court of Common Pleas of Cumberland County, Pennsylvania, as required by Rule 2959 of the Pennsylvania Rules of Civil Procedure. You will file a petition by leaving it with the courts or Prothonotary at the courthouse in Carlisle, Cumberland County, Pennsylvania. A petition is a formal statement of your reasons for challenging the judgment. You must include the names of the parties at the top of the first page and the case number, which is shown above. The petition must state your reasons for challenging the judgment is a separate numbered paragraphs. You have to sign the petition and include a sworn statement at the end of the document verifying that the facts you state in the petition are true and accurate. You will waive any defenses and objections not included in your petition to strike or open. You must therefore make every effort to raise all possible issues and defenses in your petition to strike or open in order to avoid waiving any claims. If you elect to file a petition, it must meet the requirements of Rule 2959 of the Rules of Civil Procedure. A full copy of Rule 2959 is attached to this Notice. You may also have to comply with local rules of procedure in effect in the county where the judgment was entered. If you do not file a petition challenging the judgment, the Plaintiff may take steps to collect on the judgment by asking the Sheriff to seize your assets. You may have other rights available to you other than as set forth in this notice. You should take this paper to your lawyer at once. If you do not have a lawyer, go to or telephone the office set forth below. This office can provide you with information about hiring a lawyer. If you cannot afford to hire a lawyer, this office may be able to provide you with information about agencies that may offer legal services to eligible persons at a reduced fee or no fee. Cumberland County Bar Association 32 South Bedford Street Carlisle, P A 17013 (717) 249-3166 or 1-800-990-9108 Corporations may be unable to represent themselves in court. Ifthe defendants include a corporation, the corporation must appear through an attorney if it intends to challenge the judgrnent. You may receive other papers and notices regarding the judgment. Those other papers do not negate or override this Notice. Likewise, this Notice is not intended to and does not negate any of the notices or information obtained in other papers that may be served upon you. We reiterate that you are required to act promptly if you wish to seek relief from the judgment. Under certain circumstances, you have only 30 days in which to file a petition after papers are served on you. Even if the 30 day rule does not apply, you must act promptly in order to protect your interests. Failing to act in a timely manner will render you unable to challenge the judgment at a later time. Pursuant to 40 Pa. C.S.A. Section 2737.1, if you have been incorrectly identified and had a confession or judgment entered against you, you are entitled to/costs and reasonable attorney fees as determined by the court. Date: \l t.t ,~ ER & LINDSAY By: Matthew 1. shelman, Esquire ID #72655 2109 Market Street, Camp Hill, PA 17011 (717) 737-3405 (fax) 737-3407 Attorney for Plaintiff, CommunityBanks "J, ,'.:'; HiJ 87 -':l V",.J 11" ;.:'1 1'1 f r:"'o'J'Z I '. ..~r~ jL' j ,;',"",,',",: 'I ; i :"11' :JO I\Q \')...~., )'.jj ,_ ,I".,,~ _~ ..I, - ;;~;.:.J:iO- G31L:i Pennsvlvania Rule of Civil Procedure 2959 - Strikinl! off Judl!ment (a)(l) Relief from a judgment by confession shall be sought by petition. Except as provided in 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 Pennsylvania Rule of Civil Procedure 2958.3 or Rule 2973.3. (3) If written notice is served upon the petitioner pursuant to Rule 2956.I(c)(2) or Rule 2973. I (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 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. " Matthew 1. Eshelman, Esquire ID No. 72655 SAlOIS, SHUFF, FLOWER & LINDSAY 2109 Market Street Camp Hill, P A 170 II Telephone: (717) 737-3405 Facsimile: (717) 737-3407 COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION COMMUNITYBANKS, f/k/a Community Banks, N.A., Plaintiff : DOCKET NO: ()'5. 5'S'11 G.;;J ~ j .L-- vs. : CONFESSION OF JUDGMENT FREDERICK L. SULLENBERGER and KRISTIE L. SULLENBERGER, Defendants : PREVIOUSLY ASSIGNED TO: N/A NOTICE UNDER RULE 2958.1 OF JUDGMENT AND EXECUTION THEREON NOTICE OF DEFENDANT'S RIGHTS TO: FREDERICK L. SULLENBERGER and KRISTIE L. SULLENBERGER A judgment in the amount of $37,185.96, plus interest, other expenses, fees and costs 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 SEEKING RELIEF FROM THE JUDGMENT AND PRESENT IT TO A JUDGE WITHIN THIRTY (30) DAYS AFTER THE DATE ON WHICH THIS NOTICE IS SERVED ON YOU OR YOU MAY LOSE YOUR RIGHTS. YOU SHOULD TAKE THlS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LA WYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMA nON 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. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 ,i (717) 249-3166 or 1-800-990-9!0; Respect By sub itt q, SAID Date: ... (r q D'-> By: Matthew J. Eshelman, Esquire ID #72655 2109 Market Street, Camp Hill, P A 170 II (717) 737-3405 (fax) 737-3407 Attomeys for Plaintiff, CommunityBanks -.< ( Si "..'-- r r J U\ ~ "'" <:> vc ~ 0.' Vl '" V-, 0 - ..Q , ~ 'd , , I \ \ -:::: .~ "" '" V' , c; \~~~ ,...> c:::-) \:;.~~ cfl ....- c:~~ ...",- ,..\ ...( ...- o -n #-.~ ::ell \"llr-";;:; -on ~Jj :_;:\~;< '-"'11 )-c_- .() ~~rfl .~~ C:) f'~ (,.n ~- ,. ,A COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA CIVIL ACTION COMMUNITYBANKS, flk/a Community Banks, N.A., Plaintiff : DOCKET NO: 05-5871 CIVIL TERM v. CONFESSION OF JUDGMENT FREDERICK L. SULLENBERGER and KRISTIE L. SULLENBERGER, Defendants : PREVIOUSLY ASSIGNED TO: N/ A RETURN OF SERVICE COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND Before me, the undersigned notary public, this day personally appeared MATTHEW 1. ESHELMAN, ESQUIRE, of the firm of Saidis, Shuff, Flower & Lindsay, attorneys for CommunityBanks flk/a Community Banks, N.A., known to me and being duly sworn according to law, deposes and says that on November 21,2005, he deposited in the United States Mail, postage- prepaid, certified, return receipt requested, a true and correct copy of the Notice Under Rule 2958.1 of Judgment and Execution Thereon - Notice of Defendants' Rights upon the Defendants at their address, as follows: Frederick L. and Kristie L. Sullenberger 24 Lancaster Road P.O. Box 97 Enola, P A 17025 Attached hereto as Exhibit "A" IS the return receipt (Postal Service Form 3811) evidencing receipt of the Complaint by the Defendants at the address and on the date indicated on the return receipt cards. S,ld "'rr'" '" mod, p"~"m( ~". R. .P .~: 40 md 404(2). Matthew J. Eshelman Sworn and subscribed to before me this 8th day of December, 2005. ,Notary Public COMMONWEALTH OF PENNSYLVANIA Notarial Seal Sara J. Ensinger, Notary Put>ic Carlisle Bore, Cumberland County My Commission Ex!>'.. Oct. 17, 2009 Member, Pennsylvania Association of Notaries < . Complete items 1. 2. and 3. Also complete aem 4 ff Restricted Delivery is desired. . Print your name and address on the reverse se that we can return the card to you. . Attach this card to the back of the mailpiece, or on the front if space permits. 1. ArticfeAddressed to: Frcrlc'ncl L )uJhbeyer <+ !<n~ h ( L. 5./ b b<''J2z- 84 Ja""cs b- }?{Y'd PO. Bc'/.. Cf7 L(I()/a,PA 170;)-;- 2. Article Number (Transfer from service label) PS Form 3811, February 2004 D. Is delivery address different from item 11 If YES, enter delivery <Lddress below: 3. Service Type .....El"o..-tifled Mall Cl Express Mall o Registered - -8'""Ffetum Receipt for Merchandise Cllnsured Mall Cl C.O.D. 4. Restricted Delivery? (Extra Fee) 0 Yes 7004 0550 0000 8951 1379 102595-0241540 ; Domestic Return Receipt L1 Ii, Di) iel1' COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION COMMUNITYBANKS, flk/a Community Banks, N.A., Plaintiff : DOCKET NO: 05-5871 CIVIL TERM v. : CONFESSION OF JUDGMENT FREDERICK L. SULLENBERGER and KRISTIE L. SULLENBERGER, Defendants : PREVIOUSLY ASSIGNED TO: N/ A PRAECIPE TO THE PROTHONOTARY: Please mark the judgment entered in the above-captioned action satisfied. Respectfully submitted, McNees WaIIace & Nurick LLC Date: March 23, 2006 By: .. /~V Geot'ff~4f, Esquire SuPren'fe Court ID #24848 100 Pine Street, PO Box 1166 Harrisburg, P A 17108-1166 (717) 237-5439 Attorney for Plaintiff ~:~-; , ~.::: r'0 -J Co,) ~ c::