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Home My WebLink About05-5874 Q. Matthew 1. Eshelman, Esquire ID No. 72655 SAIDIS, 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 : DOCKET NO: M' .5' .. 7 Y &~~ '77~ COMMUNITYBANKS, f/kla Community Banks, NA, Plaintiff vs. : CONFESSION OF JUDGMENT FREDERICK L. SULLENBERGER and KRlSTIE L. SULLENBERGER, Defendants : PREVIOUSLY ASSIGNED TO: NIA 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: e. Attorney's Commission $ 31,986.35 $ 274.21 + $6.89 per diem $ 0,00 $ 85.00 $ 3234.56 $ 35,580.12 plus additional interest and costs from the date of the Complaint. c. Principal Interest to November 3, 2005 Late Charges Satisfaction Fees a, b. d, TOTAL Respectfully submitted, . SAID IS, ER & LINDSAY Date: November 3, 2005 By: Matthew J. Es elman, Esquire ID #72655 2109 Market Street, Camp Hill, PA 17011 (717) 737-3405 (fax) 737-3407 Attorneys for Plaintiff, CommunityBanks ),Jj'<(~:'.~'.'." ,-., ...,,',~!n<"\ , j\.'\110 90'5 11'" ~ J'-t t "I /,n',l""'Z 'I ,\.V\~ ~Ud ~.----..._.-~^ - . ... Matthew J. Eshelman, Esquire ID No. 72655 SAIDlS, 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: cJ,:;,', ,t;J1'/ CU:..J 1hA- COMMUNITYBANKS, f/kla Community Banks, N.A., Plaintiff v. : CONFESSION OF JUDGMENT FREDERICK 1. SULLENBERGER and KRlSTIE 1. SULLENBERGER, Defendants : PREVIOUSLY ASSIGNED TO: N/ A To: Frederick 1. Sullenberger and Kristie 1. Sullenberger, Defendants You are hereby notified that on }Ltnx~ I Y , 2005, judgment by confession was entered against you in the sum of $35,580.12 in the above-captione 7, DATE: 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 of residence: , ,.... Frederick 1. Sullenberger 24 Lancaster Road P,O. Box 97 Enola, P A 17025 Kristie 1. Sullenberger 24 Lancaster Road ~r;9~'t Attorney fi P aintiff A, Frederick 1. Sullenberger and Kristie 1. Sullenberger, Demandado(s) Por este medio sea avisado que en e1 dia de de 2005, un fallo por admision fue registrado contra usted por la conti dad de $35,580,12 del caso antes escrito, Fecha: e1 dia de de 2005 Protonotario LLEVE ESTA DEMANDA A UN ABODAGO 1MMEDlATAMENTE. S1 NO TIENE ABOGADO 0 SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERV1C10, VA Y A EN PERSONA A LLAME paR TELEFONO A LA OFICINA CUY A DlRECC10N SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGU1R AS1STENCIA LEGAL. Cumberland 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 1. Sullenberger 24 Lancaster Road P.O. Box 97 Enola, P A 17025 Matthew], 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- :if7,! fuJ IoU- COMMUNITYBANKS, f/kla Community Banks, NA, Plaintiff vs. : CONFESSION OF JUDGMENT FREDERICK L. SULLENBERGER and KRISTlE L. SULLENBERGER, Defendants : PREVIOUSLY ASSIGNED TO: N/ A COMPLAINT FOR CONFESSION OF JUDGMENT UNDER RULE 2951 1. The name and address of the Plaintiff is CommWlityBanks, fonnerly known as CommWlity 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"), individually and d/b/a The H.O.P" 24 Lancaster Road, PO Box 97, Enola, Pennsylvania 17025, 3. On December 26, 2001, Defendants executed and delivered to Plaintiff a Promissory Note in the original principal amoWlt of $60,000,00 ("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 $ 31,986.35 b. Interest to November 3, 2005 $ 274.21 + $6,89 per diem c, Late Charges $ 0,00 d. Satisfaction Fees $ 85.00 e. Attorney's Commission $ 3.234.56 TOTAL $ 35,580.12 11. Interest continues to accrue at the default rate provided in the Note, giving rise to a claim for interest at the rate of $6.89 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 $35,580.12, plus interest at the rate of $6.89 per day, from November 3, 2005, through the date of payment, including on and after the date of entry of judgment on this Complaint, and costs. SAID S SHU Date: November 3, 2005 By: Matthew J, Eshe man, Esquire ID #72655 2109 Market Street, Camp Hill, PA 17011 (717) 737-3405 (fax) 737-3407 Attorneys for Plaintiff, CommunityBanks i:"!.l :':'-,):"--;:J I O:r \,1'1 ,~ D i. 1'] I f.J:1 SDul A'8\ilC,:,;, ~': ~J 3Hl :10 :t,: -;~<)-(JjlH ~ Community ~ Banks, NA BORROWER ISO Markel Square 1'.0.80)( 350 MflIersburg, PA 17061 (717)692-4.781 ~LENCER. Frederick l. Sullenberger Kristie l. SUllenberger 24 Lancaster Avenue Enolo, Po 17025 Frederick L Sullenberger d/b/a The H.D.P. COMMERCIAL VARIABLE RATE PROMISSORY NOTE OF Ell; ERES IDeiJnRCAllON RAre AOQrtESS 6581 Carlisle Pike Mechanicsburg, PA rtlEPHOHEt.IO. (717) 728-9099 RfNCtPA AMOUNT 17055 l1lENllFicli.'l1ON1>lO. 30 VARIABLE S60,OOO,OO .600t.'fS"O Prov e un s to startup P zz us ness. PROMISE TO PAY: For value received, Borrower ~lfomises to pay \0 th6 Older of lender lhe principal amount of J-.ixta~_:rb,oJJ.4AIlcLAnd_n2L.l.o.L... __."_______._~,__"___~____~__ Dollars ($ 60,000.00 ) plus In\9'ftl'S\ co \he Llf1psid prinCipal balance al tI1e rale and In the manner described below, UflIJi an amounts owing und6f lhis NoI9 ar~ paid In lull. A.n amounts received by lender shall be ~pli9d fu's\ to accrued. unpaid inlerest, then 10 unpaid principal, and then 10 any 'ale charges or expenses, or ill any other order ,,"8 delerminltd by Lender, in Lertder's S0l9 dlscrelion, as permUted by la.w_ INTEREST RATE: l'hfs Nole has II vanable irIlerest rale lealure. The interest rate on lhis Nole may change Irom 1)me 10 lIme If lhe Index Rate idenllrJgd below Ch8J\QS$. Inlerest snan be compuled on the basis of _t.tlJ:L~!=J;JHI,J_n~~~~Q(_g!!y".-QY~~~Y-S per yeaT. lnleresl 0r1 !his Nola shall 00 calculated and PftYt\\;'l.e a\ a variable rale eqUAl to _~---------1.,--Q-.9J)__ % per annum .QY~r_the Index Rale. The inilial interest ralg on this Nole shall be __.LJ_SJLf..% per an!. Afty change in 1M in\819S\ l1il\e resultIng Irom a change In the Index Rate will be effacllve on : INDEX~~~:e~h!~isa+1:(Jt t{IM COMMUNITY BANKS, N,A. COMMERCIAL PRIME RATE: THIS INDEX IS TYPICALLY EQUAL TO THE MNATIONAL PRIME RATE~ AS PUBLISHED IN THE WALL STREZT JOURNAL. cus E.R NUMBER \.O..M NUMBER If \he Iodax Rsle is Tedeflned 01 becomes unavanable, Ihen Lender may select anolher Index which is substanUallv similar. RATE LIMITATIONS: Subject 10 app4icatfte law, !he minimum inlerest rate on lhis Nole shall be _~__'L..Q.Q..2- % PElr annum. Tha meximum il1terest fate on !hls Nole shall not exceed _.lJ,_!._Q..D_Q_ % per annum, \'}f illess, 01 il ~ maximl)m rale is nol indica led, the maxlmurtl inlerest rate Lender Is permilled lO charge by law. The maximum rate increase at anyone time will be __ ___u,.r),! au __. %. The maximum f81e -d~CT~ase a1 any one lime will be -~ %. DEFAULT RATE: n lhere is an Evenl 01 Defalllluncler this Note, lhe Lender m;;ty, in lis discretion, increase the Inleresl fa.te on Ihis NoIe \oJtA-~i.tl~_ __efJ,'!ct:...a.t.__t.ime_ofma..t.nrit.y plus two percent (2%). _________ or the maximum interest rate lender Is permilted to charge bv law, wl'oiche\ler is less, PAYMENT SCHEDULE: Borrower shalf pay the principal and Inlerest according 10 tM following schooule: On demand, but if no demand is made, then: 83 payments of $930.82 beginning January 25, 2002 and continuing at monthly time intervals thereafter. A final payment of the unpaid principal balance plUS accrued interest 1s due and payable on December 25, 2008. If the interest rate changes, the payment amounts may change in an amount sufficient to repay the unpaid principal balance over the scheduled ~ortization term. N~w payments will begin the first scheduled paym$nt following a rate change.. PREPA.VMEH1': This Nole may be prepAid in parl or in full on 01 before its malurily dale. If this Nota contains more then OM \r.stallmerot. arry partial prepavment wllf nol a.lfect \he due oa\9 or the amoum of any subseQtlenl installment, unless agreed to, In writing, by Borrower and lender. If Ihl9 Nole Is prepaid In fun, there will be: [!I No minimum finance charge Of Pfepa~'il'oent penally 0 fA, miflimum nnance charge 01 $ 0 A prepayment penally of: lATE CHARGE: lf~yment Is received moTS than -.12._days IatOll, Bofrowef 'HUI 00 chaTged alale charge 01:0 %01 the unpaid amount 01 !helalepaymenl; L!1$ 5.00 or ~.QQ_%oftheunpaldamounlo/tl1elatepayme\'\l,wh\che\l8l\s If-jaler U!Js. SeCURITY', To secure !he paymenl and performance of obIigalions Incurrl'Kl uncler this Note, Borrower grants Lender a security iruefest '" all 01 Bon0W91" righ!. !ilIa, and Inlerasl in all mooies, lnstrument5, sa'Jings, checkir1g ,lfld other accounts of Borrower (excluding IRA,Keogh, Irust accourrls and other 8ccounls $ubjecl 10 tax penalties il so assigned) thai are now or In Ihe future in Lender's Ctl'Slody aT 1:00,tlOl, I!J II checked, the obfigaliQrlS lInder tl1is Note are also seemed by !he col1aleral described in any security inStlument(s) executed in coooectfon wilh thiS Note, and any cotlat6n~1 described in MlY olher securlty inSlrumenl(s} securing this No\6 Gr al\ 01 BouO'Hef's oblig;:rlions. RENEWAL: 0 \1 ehecked, IhIs Nole is It rerteW<1l, bul rlOl a satis/acllon, 01 loan Number !V1 WARNING: READ BEFORE SiGNING. YOU ARE WAIVING IMPOATANT RIGHTS 1!J IF CHECKEO, AS A M"TER'AlIN'OUCEMENT TO lENO'ER TO MAKE Till: LOAN I;VIOENCEORV TIllS NOTE, BORROWER ~AEVOCA8LY/I.U~ltES MID 1:.\,lf>(lWER$1\NY "'TfOAN'EVon me PROH~T^,WOR ClEm(OF ANY counf Ir--l Tl~E COl.I~^l1\10l' M=.rm5vtV....N1A.OO: nSEWllenr;-. ro APPEA"'AS ATTORNEYI'QA lJQRrmwEnlN ^~ ACTfON9ROUOHT 8V tENOERAF1ER 8OnROWER.SDErAULHmI)ER nns NQTE on ANY QIHr:RtQ/lN DOCUMENT, /lNf) TO CONI'ESS JUDGMENT r'lGM'lSTnOltfl.OM::RrOO N.l SUl.\SOlJ'E mmER lHlSNQ1E OH ANY Of HER lOAN OOGUMENr, M!f) Fon ALL "'CC(l;tIl':O(N~Et\ESf~ T~\OSE "'MOUNTS, COST lll' 5111 r,IINn MlOrlNEyrH:S, lOGEHIr,nWI'"IN1EnEsToN ANY JUOOMENT,II.T THE nATEOf' INTERESfSPF.CII'lEOIN THr: "OTE A!'TEn DEFIIU\.T, FROM HIE ENHlY or- SUCl-r J\!!)GMENT UNfit THE rUll IIMOUNr WE l"NO~R IS t\C1'J"I.l YflECENl:l), HIlS 0011'., 00 A coPY VER11'reOBY "'I'I'IO"VIT. Will eE A SUl'I'ICIE)HWA!l1tM.lt. HE MJl\.iOIWN(jTV.,NTEO~m;INl.lAV BE EXEnCISEOAS NEEOEOfROM T'ME TO f1ME, 115 OI'tEN A5 NECESSARY.UNflt RECEIPTQF PAYMENTIN I'Ul.lOF ALlSOMSoue: lENDER 8ORRoweRK~l Y,lNTEtJTroNAll VANO IIOlUNTARrL v .AfreRCONSUl. 1AftQNWlmtlllDEPENOENrCOUNSEl, UNCONOlTlONAllvWII.M;.SM<< /\NO AU,mG1-lTS10OUE PROC;ESSElORflOWlOR HAS 00 MAY HAVE UfJOER mE CQNSTtruTlOOSMiO \,,,W5 Of' Hie. UNlH,o STII.TES ANO OF' THE COMMONWEAL THOF PENIiSY\.VANI",eXCEPTmE RIGHT fO AtfY NOTICE ANt),fQFI IENl/NO REOUlAeO UNDeR ....Pf"lICAIf;lE lAW WITH RESPECT TO me EXECUTION 01' ANY ~ESSEO JUOOEMENT. aormowl'.R ru~rneR \Jt4OER$1...NO$ THAT uPON ~"'S OEFAUl.T AN[) C()NI'~SS'()N OF JUOGMEt>I f, HilS W/WIEl\r.LlOWSLt,mJEn10 I/<AMeOIATEl.YEXECU1EUPON ANa SEIZE" ANO sell II.NY OF 6QAAOWER'SP\1OPERTYWTTl-iOUTPRIOA I'lOTlCE OR ovPOAT1.JNITV I'on HEARING. EXCI;P1 MN NOTICE ANO<OO HEARlNGRel)UlREOUNOEH APPUCA[l.lElAWWITHRESPECltQ me eJ(IOCUTiOf4OI' t~ CON"Es:"iEDJUOOEI.IENT, ,,..onDER to SATISFYOA SE~E AlLSUI.ISOue THE PERSONS SIGNING BELOW ACKNOWLEDGE THAT THEY HA.vE REflO, UNDERsr AN\). AND ^GREl: TO fHE TERMS AND CONDITIONS OF THIS NOTE. INCLUDING THE PflO'JI510NS ON THE REVERSE SIDE, AND FURHlF.R ACKNOWlEDGE RECEIPT Of AN EXACT COPY OF THIS N01E IN WITNESS WHEREOF. 'he UfTdl!fSlgllOO haslhave ClII.lSed \hi~ i1'\Sln_ll 10 be eXel:uled ,s a sealed ;"srrumenl this __~.9 th_ day 01 December, 2001 BORROWER: Frederick L Sullenberger OORROWER d/b/a The H.O.P. ...,-r-~~1.1enberger ($eall (Sea~ BORROWEA Fr~~:nberger, 8ORROWI';'R; 8ORROWE:R' (Sa") --J~~ Individually Kristie t. Sullenberger, OOR.f\OWER (Seal) Individually (Se&!L (8881) BORROWER. OORFlOwat. (Seal) (Seo1) (l II 11 TERMS AND COND/fIONS 1, EVENTS OF OEFAULT. An Ever.t 0{ Oelaull. occur uocIer \his Noleln \he avenllhat Borrow9f, a, _ Jusrenlor or any olher third party ~ging collateral 10 secure Ihis NOle: (a) fa~s 10 make any paymenl on Ihis Note or any other indeblednass to lender whefl due; (b) la~s 10 perform any obligation or breaches any warrBnty or covenant to Lender contained in this Note, any security Instrumenl, or any olher presenl or future written agreement regarding this or any olher indebledness 01 Borrower to Lend9f; {c\ prOliides Of causes an'll31se ()f misleadiruJ slgnalule Of lepTesentaliolllo be provided to lander; (d) salls, convays, or IrBnslers fights in any collaleral seeuring this Nole w1lhout !he written approval of Lender; daslroys, loses f)( damages such collsleralln any material respect; or subjects such collaterBl to seizure. confiscation or condemnation; (e) hlls a Qamlshment, judgment, tax levy, etlachment or lien entered or served ageinst Borrower, any guarantor, or any thIrd party pledging collalerallo secure Ihis Nole or any or Iheir property; (II dies. becomes tegaUy InoompetEK\l., Is {tlssolved Of telfTlina\ad, ceases to operale Its business, becomes /(lsolvenl, makes an assignm8l1l for the benelil 01 creditors, fails 10 pay debts as they beoome due, or becomes the subject 01 any bankruptcy, Insolvency or debtor rehabllltatlon proceeding; (g) fab 10 provide Leoder evidence of satisfactory f1Mncial condillon; (h) has a majority of ils outslandlng vollng securities sold, Iransferred ()( conveyed to any person or entlly oItIer lhan any person or enllty Ihat has the m8!ori\y ownership as oIlhe dale ollhe execullon 01 lhis Note; or (i) causes lender 10 deem ilself ln$eCwe due 10 a slgnilic;anl decline in Ihe value of any real or personal property securing paymaol of this Nole, or lender in good failh, belieVes Ihe prospect of payment Of perfotf1"l8.nce is impaired. 2. RIGHTS OF LENDER ON EVENT OF DEFAULT. If Ihere is an Event of Oeraullllnder Ihis Note, lender wilt be entilled to exercise one or more of the following remedies withouf nollee or demand (except as required by law): \11) \0 declare lhe principal amount plus accrued inlerest under Ihis Nole and a~ other present and future obligations 01 Borrower immediately due and payable in full, such acceleration shall be aulomatic and immediate iltha Event 01 Default is a filing: under the Bankruptcy Code; (b) 10 collect the oulslanding Obligations of Borrower with or wi.l.hout resOftlOg la-ludiclal PfOCess; (c) 10 cease making advances under Ihls Nole 0( any olher agreement belween Borrower and lender, (d) to take possession of any colleleralln any manner permilled by law: Ie) to require Borrower to deliver and make sva~able to lender any collateral at a place reasonably convenienl to Borrower and Lender; (f) to sell, lease or otherwise dispose of any coUaleral and collect any deliciency balance with 0( without resorting to legal process; (g) to set-oft BOf{QW6f'S ob\\galioos ~s\ any amounls due 10 Borrower including, but not limited la, monies, instruments. and deposil accounts maintained with lender; and (h) to exerciS8 all olher righlS available 10 Lender undef any olher wrillen agreement Of appIicat!l.e taw. lender's rights are cumulative and may be exercised logalMr, separalely. and in any order. lender's rerriedies und9f this paragraph are in addillon to Ihose ava~able al common Jaw, Including, but nollimiled to, the right 01 set.oll. 3. DEMAND FEATURE. 119 Jr checked. this Nole conlams a demand feature. lender's righl 10 demand payment, at any lima, and from time 10 lime, shaJl be in lender's sole and absolute discretion, whether or nol any delault has occurred. 4. FINANCIAL INFORMATION. Borrower w~I at a!ltimes keep pfoper books of record and accounl in which lull, true and correel entries shaR be made In accordance wllh get'l9rally accepled accounling principles and will deliver 10 lender, wilhin ninety (90) days after the end of each fiscal year of Borrower. a. COP'! a( \tte arn\\lal lirlancial ?Ialemen's 01 Borrower lelallng 10 such liscal year, such slatements 10 include (i) the balance sheet of Borrower as atlhe end 0{ such fiscal year and (ii) the related incQffiEl slatement, statement of retained earnings and slatemant of cash flow 01 BorrOWtlr for such fiscal year, prepared by such cermie<! public accountants as may be reASonably ?aUslac\oPJ \0 lend8f_ BOffDNeT also agrees to c:)eIlver to Lender within fi(tean (15) days aller r~ing same. a copy of Borrower's income lax returns and also, (rom time to time, such other flnanciai informatlol1 wilh respect to Borrower as Lender may faquest 5. MODIFlCA TlON AND WAIVER. The modificalion or waiver of any of Borrower's Obligations or Lander's rlghls under this Note must be contained In Ii wriling signed by lender. Lender may perform any of Borrower's obligations or delay or feit 10 exercise any of lis rIgtlts without causing a waiYlIf 01 those obligaUons or rights. A. waNe! on OM ccca?ion w\II not cOllslilule a waiver on any other occasion. Borf'0W9f'S obligations under IhiS Nole shaN nol be aHeeled iI lender amends. compromises, exchanges, fails 10 exercise. impairs or releases any of 'he obligations belonging to any co-bolrower or guarantor Of any of its rig/lts against any Go.borrower, guarantor. the cullateral or 00'1 other property secUtirlg lhe obllgal\cll1S. Lender may accept and apply checks and olher instruments marked "Paid in FuU. or with a similar phrase describing a paymenl as luff salisfactlon of the obfigatioM incurred under lllls Note, without being bound by that language and withoul waiving any ri~ls to payment of all amounls owing undar this Note. 6. SEVERABILITY. II any provision ollhis Note is invalid, megal or unenrorceable, Ihe vaiidity, legality, and enforceability 01 the remaining provisionS shalloot in any way be snecled or impaired lhereby. 7. ASSIGNMENT. Borrower agrees not 10 assign any of Borrower's righls, remedies or obligations described in this Nole .....ithout lhe prior written consent of Lender, whiCh consenl may be withheld by Lender In its sole discrelion. Borrower agrees Ihat Lender is entitled 10 assign some or aN of ils rights and remedies desccibed in lhis No\e Yrilhoul nolice to or lhe Pf\(lf consenl 01 Borrower. 8. NonCE. Any notice or other cOfM'lunication 10 be provided 10 Borrower or leoder under this Note shaN be In wrillng and sent to the parlieS at the addresses described in Ihis Note or such other addcess a.s the patties may deslgnala in writing Irom lIme 10 lime. 9. APPlICABLELAW. This Nola shalf be governed by the laws of the state indic8ted in lender's address. Unless applicable law provides olhelWtse, Borrowar consents to Ihe jurisdiction and venue of any court loca.ted in such slale selecled by Lender, in itS discrellon, in Ihe avenl of I1ny legal proceeding under Ihis Note. to. COLLECTION COSTS. TO the extent pe1"milled by law, Borrow9f agrees 10 pay Lender's leesonable lees and cosls, including, but f1OI1lrnlI:ec1 to, rees and costs of allomeys and oChar eganls (Including without limitation paralegals, clerks and consultants), whether or nol such altorney or agent is an employee of Lender, which are incurred by lander in collecting any amount due ()( enrorcing any righl or remedy under this Note, whether Of not suit 1s braugt\l. iIlcllld\ng, but noIllmiled 10, all less and cosls IllCurred on appeal, in bankruptcy. and for post-jJJdgrnern cotloction aclions. 11. MfSCELLANEOUS_ This Nole is being executed primarily for cOrTlmefcial, agricultural, 01 business purposes. BorrOW6( and lend9\" Bgf&e 111M lime is oj \he assence. Borrower agrees 10 O"l8ke aM payments to Lender at any address designated by lender and in lawful United Slales currency. Borrower and any person who endorses this Note waives presentment, demand tor payment, notice of dishonOr and prolest and further waives any riglt 10 require Lender to procged against aoyone ~?tI bel()f9 proceeding sgainsl Borrower or said person. All references to Borrower in this Note sheH include all 01 the parties signing this Note, and this Nole shall be binding upon lhe helrs, SucCElSSOfS and assignS of BorTowef and Lender. If lhere is more than one BoI"rower Iheir obligalions under this Nota shail be ioint and S8V9fal. Information concerning this NOIe may be reponed 10 credit reporting agencies and will be made available when requesled by proper legal process. This Note represents the complete and inlegrated understanding between Borrower and lender regarding the terms hereof_ 12, JURY TRIAL WAIVER. LENDER AND BORROWER HEREBY WAIVE ANY RIGHT TO A TRIAL BY JURY IN ANY CIVIL ACTION ARISING OUT OF, OR BASED UPON, THIS NOTE OR THE COLLATERAL SECURING THIS NOTE. 13. ADDITlOHAL TERMS: lPP/lCOMMlI FoomAlloIl Technol"VI.... Inc. (1112'IH, (800),,",7.3799 Addendum to Note Interest Rate ~~, Until December" 2006, the interest rate shall be fixed at the initial rate of7.75%, thereafter adjusting in accordance with the Commercial Variable Rate Promissory Note. , ::J.- ~ c,. O( Date , , i';., ", ,"( Kristie L. Sullenberger 12 - .2..(.,- 0 ( Date Jl?u;;P. ! ,j-111J({) / Date 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 resl1)t 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. Si~c:.~el/ aJ:v----- // lObn G. Olyarnik, A VP / / Commercial Loan Officer ec: 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 17110 P.O. Box 350 . MilJersburg, PA 17061 . Phone 1-800-331-8362 hhl 6.1 IIJII ~ LOmmumty ~ Banks,N.A. sORRowi::if" ISO MLUkec Square P.O. BcD: 350 MiIlersbl.ll'Q, PA 17061 (717)692..781 "LENDER" Frederick L Sullenberger d/bfaThe H.O.P. BUSINESS PURPOSE AFFIDAVIT AOQRess 6581 Ca~li.le Pike Mechanic.burg, PA 170SS TELl!PtfONl!! ~ IDI!WT1ACAl1OH HO. (717) 728~9099 !>RlNClPMo AMOUNT QU~TOf,II!A LOAN NUMBER' HUMB!R .. $60,000.00 Unde1 penalty 01 per)uty, I hereby certify lhal I exerciSe actual contrOl over [he managerial decisions of the business enterprise IdenUlIed below and 1h81 lhe pmceeds of a toan In lhe amount of $ 6 0 . 000 . 00 , evidenced by a Promissory Note daled Dee emb!r 2: 6 . 2 0 0 1. . wlIIbe USedlnl:t\e()l'd'.narycooneufUleoperalions at lhalbualness 9f1lerprise lor lhe follOwing business purposes: _Provide funds to startuD Pizz busincu.. The name of lhe buslne.s snlerplse is: d/b/a. The. R.O.P. L Sullenberger H.O.P. BORROWER: .. . u .nberger I!!!/L Iseall BORROWER: lseall (,uB BORROWER: BORROWER: {seall (seall BORROWER: BORROWER" -.J!!!!1. (!!!!l COMMONWEALTH OF PENNSYLVANIA COUtnV OF .58 On !hIs, !he day of . before me, Ifle UJldefsIgr'9d ollieEll', personelly appeared \(nown to me (or saUsfactor'ly proven) to be lhe persOr't whose name Is subscribed to Ihe wilhln InsInJmenI and acknowledged thai helshe eXBCuled lhe same for the purposes hElrein COr'tlalned. IN WITNESS WHEREOF, I hereunto sel my hand and olflc:ial seal. My Commission ExpIrttt: Title of Olllcef COMMONWEALTH OF PENNSYLVANIA COUNTY OF ss ond On'" Coooty aforesU1. ~ day 01 ........ ,_. before me, lI1e subscriber, a Notary PublIc in and lor the Corrmonweallh , who adlndWtedged ~eIf to be aIIhe , and thai hea'Vte, as such officer, being authOrized to do 01 ,_ so, 8X6Culed lhe foregoing InStNlT'lerolIOl' the pulposed therElin contained by signing fhe name of lh8 by hlmsellnlemJU as such otnc8f and dltStred ht lhe same might be recorded as suefl. W1TNESSmv hand and sHl the day and year aforesaid. NOUIryPubllc My eoRWnlstsion opIres: LPPNJOeiOF"""""""'T~lnr:.15l1M)lMlll'l931'3,", L'Ih)Ji '{7 j ~ (> t'[ ~ 1 ~ \-' - \r t ~7 ~:; . r^ ~\ ~ r r 'h ~ - ~- ~ '- , , " 0-, '" \.1\ ,,- ._~ --- Matthew J. Eshelman, Esquire ID No, 72655 SAIDIS, SHUFF, FLOWER & LINDSAY 2109 Market Street Camp Hill, PA l7011 Telephone: (717) 737-3405 Facsimile: (717) 737-3407 COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION : DOCKET NO: O~' j'S 7y Ci,;J J~ COMMUNITYBANKS, flkla Community Banks, N.A., Plaintiff 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: //13/o~ COMMUNITYBANKS, f/k/a COMMUNITY BANKS, N.A. f Matthew J, Eshelman, Esquire 10 No. 72655 SAIDIS, 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: 0$, .:5''i71~:.J I.L~ COMMUNITYBANKS, f/kla 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.S.A. S 2737.1 (Act 105 of2000) To: FREDERICK L. SULLENBERGER and KRISTIE L. SULLENBERGER, Defendants Pursuant to 42 Pa. C,S, 92737.1. please take notice that the Plaintiff in this matter has entered a judgment by confession against you in the amount of $35,580.12, 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, PA 17013 (717) 249-3166 or 1-800-990-9108 Corporations may be unable to represent themselves in court, If the defendants include a corporation, the corporation must appear through an attorney if it intends to challenge the judgment. 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, Respe tfi lly s ed, Date: l( ~( By: Matthew 1. Eshelman, Esquire ID #72655 2109 Market Street, Camp Hill, PA 17011 (717) 737-3405 (fax) 737-3407 Attorney for Plaintiff, CommunityBanks Ai. r,) ,i"Hi,J L 'J '0 I:': IJ I t. C),"\ 1~ ':':J'.!I.. "i\,,'1 ' A~j\;l..<.' ~o , Pennsvlvania Rule of Civil Procedure 2959 - Striking off Judgment (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 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: () S. 5- n y G;J ( .i!~ COMMUNITYBANKS, flkla Community Banks, N.A., Plaintiff vs, : CONFESSION OF JUDGMENT FREDERICK 1. SULLENBERGER and KRISTIE 1. SULLENBERGER, Defendants : PREVIOUSLY ASSIGNED TO: N/A NOTICE UNDER RULE 2958.1 OF JUDGMENT AND EXECUTION THEREON NOTICE OF DEFENDANT'S RIGHTS TO: FREDERICK 1. SULLENBERGER and KRISTIE 1. SULLENBERGER A judgment in the amount of $35,580,12, 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 THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. TffiS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, TffiS 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 (717) 249-3166 or 1-800-990-9 08 Date: u q r/; SAI By: Matthew J. Eshelman, Esquire ID #72655 2109 Market Street, Camp Hill, P A 17011 (717) 737-3405 (fax) 737-3407 Attorneys for Plaintiff, CommunityBanks l 0 ~tJ A~, 1- :'.,i(i'J 'I'.' " fl i t ,'(,,'! 'C:m :10 :;:{;. ~r:u Matthew 1. Eshelman, Esquire ID No, 72655 SAID IS, 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: 0'" 5'S1</ ~ -y;~ COMMUNITYBANKS, f/kJa Community Banks, N.A., Plaintiff v, : CONFESSION OF JUDGMENT FREDERlCK L. SULLENBERGER and KRlSTIE L. SULLENBERGER, Defendants : PREVIOUSLY ASSIGNED TO: NI 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 1. Eshelman, Esquire SAIDIS, SHUFF, FLOWER & LINDSAY 2109 Market Street, Camp Hill, PA 17011 (717) 737-3405 SAI ER & LINDSAY Respect Date: It q o( By: Matthew J.' s elman, Esquire ID 72655 2109 Market Street, Camp Hill, P A 170 II (717) 737-3405 (fax) 737-3407 Attorneys for Plaintiff, CommunityBanks \ ;1'" I'o-U\i T'i.... , ,J L J :5 I'! 1 .1 n\l n",p7 J', '-'.. .;j",I<._ .-} :JHl:lC 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: () '), 5 S 7'f (.;.:,) I../~> COMMUNITYBANKS, f/kla Community Banks, N.A., Plaintiff v. : CONFESSION OF JUDGMENT FREDERICK 1. SULLENBERGER and KRISTIE 1. SULLENBERGER, Defendants : 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 1. Sullenberger and Kristie 1. Sullenberger, 24 Lancaster Road, PO Box 97, Enola, Pennsylvania 17025. ! eNDSAY SAID S SHU Date: November 3, 2005 By: Matthew J, Eshelman, Esquire ID #72655 2109 Market Street, Camp Hill, PA 17011 (717) 737-3405 (fax) 737-3407 Attomeys for Plaintiff, CommunityBanks /JJ" '<'1'-) ''-' I r. ,~ .:'" ,I) I.'..' ~! t, 0:\ ~;:::UZ In :'v - Matthew 1. 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:;. S'Y7<f CWJ -'4- COMMUNITYBANKS, f/kJa Community Banks, N.A., Plaintiff v. : CONFESSION OF JUDGMENT FREDERICK L. SULLENBERGER and KRISTIE L. SULLENBERGER, Defendants : 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. Respectfully submitte , SAIDI HU OWER & LINDSAY L__ Date: November 3, 2005 By: Matthew 1. Eshelman, Esquire ID #72655 2109 Market Street, Camp Hill, P A 17011 (717) 737-3405 (fax) 737-3407 Attorneys for Plaintiff, CommunityBanks -.----- \ ~. ~) = ~ j " ~'-' ( " \ V. " -- '"'" v- .. \ .". v> <.-, oS) 'v-~ v~ ~ - ~ , ..... ~ 0 V, ------ C\ \" f'-.~ n -1''1 :? ~-, hl,~,~ ,~ C;. ) --~~. "'- :r .~ , '--.~ -";, "(";.. C., ~ (,:;1 - . COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA CIVIL ACTION COMMUNITYBANKS, flkla Community Banks, N.A., Plaintiff : DOCKET NO: 05-5874 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 J. ESHELMAN, ESQUIRE, of the firm of Saidis, Shuff, Flower & Lindsay, attorneys for CommunityBanks flkla 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, PA 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 "0 tlw re'om =;p",nk Smd ~;~ ;, m,d, P~:Ji ft'. 03 "'" 404(2). Matthew 1. Eshelman Sworn and subscribed to before me this 8th day of December, 2005. , Notary Public COMMONWEALTH OF PENNSYLVANIA Notarial Seal Sara J. Ensinger, Nolwy Public Carlisle Bora, Cumberland County My Commission Expires Oct, 17,2009 Member, Pennsylvania Association of Notaries I' . Complete items 1, 2, and 3. Also complete Item 411 Restricted Delivery Is desired, . Print your name and address on the reverse so 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. Article Addressed to: n(1"kncl L :)u/hbeyer - I<n~h~ L. S. / b bey.<c 84 la",as /:r N()CC'I PO- Boy- q7 Eiw/a,PPt J70,:;;;r O. Is delivery address different from item 17 If YES, enter delivery address below: 3. Service 'TYpe ..-El"O..rtifledMall o Registered' o Insured Mail o Express Mail ..-kj""Retum Receipt for Merchandise o C.O.D. 4. Restricted Delivery? (Extra Fee) 0 Yes 2. Article Number (Transfer from service labe~ PS Form 3811, February 2004 7004 0550 0000 8951 1379 Domestic Return Receipt 102595-02-M-1540 ~ Lv II I h, I ''Ii'' COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CNIL ACTION COMMUNITYBANKS, fi'kla Community Banks, N.A., Plaintiff : DOCKET NO: 05-5874 CNIL TERM v. : CONFESSION OF JUDGMENT FREDERICK 1. SULLENBERGER and KRISTIE 1. 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 Wallace & Nurick LLC Date: March 23, 2006 By: .~ /-'7 // Geoffrey uf , Esquire Sqll~e Court #24848 1 oI)Pine Street, PO Box 1166 Harrisburg, P A 17108-1166 (717) 237-5439 Attorney for Plaintiff (? c--> '0.~ C) -r. .-' ;'~1 0';' _,J ~,~., ~;,? (....1 c::'