HomeMy WebLinkAbout05-5875
o
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-.\-' ~-f 7.5,' ~
I t.--..
COMMUNITYBANKS,
flk/a Community Banks, NA, Plaintiff
vs,
: CONFESSION OF JUDGMENT
FREDERICK 1. 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:
e.
Attorney's Commission
$ 39,236.55
$ 2,449.95 + $10.63 per diem
$ 26.47
$ 2,890,00
$ 4.460.30
$
49,063.27
plus additional interest
and costs from the
date of the Complaint.
c.
Principal
Interest to October 24, 2005
Late Charges
Satisfaction Fees
a,
b.
d,
TOTAL
SAIDI ,
ER & LINDSAY
Respec
Date: November 3, 2005
By:
Matthew J. sh man, Esquire ID #72655
2109 Market Street, Camp Hill, P A 17011
(717) 737-3405 (fax) 737-3407
Attorneys for Plaintiff, CommunityBanks
ZS :5 \1'1 ~ I 'ION quGl
-'~"-'-
Matthew 1. Eshelman, Esquire
ID 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
COMMUNITYBANKS,
f/kla Community Banks, N,A., Plaintiff
: DOCKET NO: oS" _ 5 S' 7.:,~ CuJ -r-u.-
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 lUn,,,, A</lu, I '/ , 2005, judgment by confession was
entered against you in the sum of $49,063.27 in the abo e-captioned c
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, PA 17025
Kristie 1. Sullenberger
~~o~an~~tS~1r Rid
0, r70~
c
Attorney for Plaintiff
A, Frederick 1. Sullenberger and Kristie 1. 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 contidad de $49,063.27 del caso antes escrito.
Fecha: el dia de de 2005
Protonotario
LLEVE ESTA DEMANDA A UN ABODAGO IMMEDIATAMENTE, SI NO TIENE
ABOGADO 0 SI NO TlENE EL DINERO SUFIClENTE DE PAGAR TAL SERVICIO, VAYA
EN PERSONA A LLAME POR TELEFONO A LA OFICINA CUY A DIRECCION SE
ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR
ASISTENCIA LEGAL.
Cumberland County Bar Association
32 South Bedford Street
Carlisle, P A 17013
(7 I 7) 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 1. Sullenberger
24 Lancaster R%ad
P.O. x 97
~OI'{L
Abogada(a) de Demandante(s)
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, PENNSYL VANIA
CIVIL ACTION
: DOCKET NO: ()5- 50.:/ ~~ u.-.
COMMUNITYBANKS,
f/kJa 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
1. 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 27, 2000, Defendants executed and delivered to Plaintiff a PromissOl)'
Note in the original principal amount of $226,500.00 ("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 executed and delivered to Plaintiff an Agreement for Substitution of
Collateral dated June 17, 2004 (the "Agreement for Substitution"), in connection with the Note. A
copy of the Agreement for Substitution is attached hereto as Exhibit "B" and made a part hereof.
5. Defendants are in default of Defendants' obligations to make payment to Plaintiff as
required in the Note and the Agreement for Substitution, and Plaintiff has demanded payment in
full of all outstanding amounts as provided in the Note. A copy of Plaintiffs demand dated
September I, 2005, is attached hereto as Exhibit "C" 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 "0" 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 or the Agreement for Substitution,
9. Judgment has not been entered on the Note or the Agreement Substitution in any
jurisdiction.
10. The amount due to Plaintiff as a result of Defendants' default is as follows:
a, Principal $ 39,236.55
b. Interest to November 3, 2005 $ 2,449.95 + $10,63 per diem
c, Late Charges $ 26.47
d, Satisfaction Fees $ 2,890.00
e. Attorney's Commission $ 4.460.30
TOTAL $ 49,063.27
II. Interest continues to accrue at the default rate provided in the Note, giving rise to a
claim for interest at the rate of $1 0,63 per day.
WHEREFORE, Plaintiff, CommunityBanks, fonnerly known as Community Banks, N.A.,
demands judgment against Frederick L. Sullenberger and Kristie L. Sullenberger, Defendants, in
the amount of $49,063.27, plus interest at the rate of $10,63 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.
Date: November 3, 2005
ER & LINDSAY
By:
Matthew J. Eshelman, Esquire 10 #72655
2109 Market Street, Camp Hill, P A 170 II
(717) 737-3405 (fax) 737-3407
Attorneys for Plaintiff, CommunityBanks
~~--~~
1.~.
,
,....,
(,(. :b
":"'YfJ
'Jf)
-."
71
A O!J t';'li!?
"'-i' ~ .JVu~
F-. ~_ ...ck
Kristie L
BORRoweR
L Sullenberger
Sullenberger
COMMERCIAL
VARIABLE RATE
PROMISSORY
NOTE
AODRE,s
24 Lancaster Avenue
Enola, PA 17025
TEll!:PHOHl!HO. I!)E"~"'rotH.O,
,
IDiiNTlFiCAtTOH
R ,
"'ATl!
P NClPA
.......,
<DF
VARIABLB
$226.500.QO
Prov e un s to purc ase propert es
PROMISE TO PAY: For value received, Borrower promises l.o pay \0 1M Ofdel' 01 lender thEl principal amounl ol~ndX.1l.d Twenty Six
Thousand Five Hundred and no/100 Oollars ($ 226,500.00 ) plus
1rn9f9S1 on !he unpaid principal balance allhe rale and in Ihe lnlInner described below. unUl all amounts owInc;1 uooer thiS Note 3I'e p&id In lull. All smo....,ls
rec9ived by Lende( shalt be applied fkst to accrued, unpaid inleresl, Ihen 10 unpaid principal, and lhen 10 any lale charges Of' expenses. Of In any other Ot'Mr as
delermined by Lencf9r. In Lender's sole di$crelion, as permiUed by law.
INTEREST RATE: This Nale has a veriable Interesl rale fealure. The intereSI rale M this. NoIe may change It om time lo lime If lhe Index Aele identified below
chlM'ogeS. 1"lerOOl shan be computed on lhe basis ofsh-'~.YAL.n.umb~LQLg~r 360 daYs p&I' yeer. Inl9fest
on this NoIe shall be calculated and pay\~ at a vl)Tiable rale equal 10 ___.l_"..9...oL- % per af11lum over_lhe Index Rale. The In!Ual Interest
rale on lhis Nol9 shall be .___~...J_~_O_% per annum. Any changoa lo the interas\ rale fm;uI\\ng Irom a change in the Index Aale will be allactive on :
DATE OF CHANGE.
SEE ATTACHED ADOENDUM
INDEX RATE: The Index Rate lor this Note shalf be;
OMMU}JITY BANKS, N.A. COMMERCIAL PRIME RATE: THIS INDEX IS TYPICALLY EQUAL TO THE
"NATIONAL PRIME RATS" A.S PUBLISHED IN THE W]l.LL STRBE1' JOURNAL.
If 1M !ndelt Rata Is fedelined or becomes unavailable, Ihen Lend9f may select anoltler index which is substantially slmifar.
RATE UMtTA110NS: Subjeci 10 appllc-able law. lhe minimum inleresl rale on lhis Nole shalf be 4.000 % per annum. Themaximum Interest rate
on lhis Nole shall not exceed 21. 000 % per anm.llU, Ot" if tess, ()\" il a maximum tale is nollndicaled. lhe maximum inleresl rale Lender Is permi"ed to
charge by law. The maximum rate incretlse al anyone lime will be ~~__~tl./~__ %. Tile maJ(imum rate deCrease al ttrry one Urns wilt be nJ a %.
OEFAUL T ~ATE: lIlhere is an Evenl of Defsult under this Nole, Ihe Lender may, in ils discretion, Increase tM int6fest fa!e on this No\9 1oP""te in
~~t~~~~~__tAm~_o~~~t~~~~y__p~~~_~~_~~~~e~t__(~\) .
or lhe maximum lnteresl rate Lender is permitted 10 ctlarge by law, whichever Is less.
PAYMENT SCHEDULE: BOfrOWet shall pay lhe principal and Inlerest according lo!he following sch\'ldule:
On demand, but if no demand is made, then:
119 payments of $2,418.16 beginnin9 November 26, 2000 and continuing at monthly time intervals
thereafter. A final payment of the unpaid principal balance plus ~c~rued interest is due and
payable on October 26, 2015. If the interest rate changes, the payment amounts may change in
an amount sufficient to repay the unpaid principal balance over the echeduled amortization
term. New payments will begin the first scheduled payment following a rate change..
PREPAYMENT: This Nole may b9 prepaid In part or in ItJII on or befor6 lis malurlty date. "lhls Nole conlalos lt1Ql"e lhan one ln$t8ltment, any partlat
prepayment w~1 not affecl the d\.16 date or \he amount 01 any subsequenl lnstallmenl, unless agrood 10, In writing. by Borrowef and L.ender. II II'Ms Nole Is
prepaid in lull, Ihere wHI be: Q9 No minimum finance charge Ot" pt"ep3ym9rot paoally. 0 A minimum finance charge of $ . 0 A
prepaymenl penally 0"
LATE CHARGE: II ~ymerlt is received more lhan IS days lale, 8arro~ m\ be chaTged alate charge 01:0 %ollhe t!.f1PIIld amotmt
ollhe lale paymenl: ~ $ _!L 00 or ~O lL-- % of the unpaid amount of the lale payment, wt\lct'.eY9f 15 1Ii8leJ G!Js.
SECU~IT'{: To secure the payment aM performance of Obligations incurred under this Nole, Borrower granls Lender a security Intere!.t tro. alt m SonoweT'S
right, lllle. and Inleresl in all morues, insttUmenls, sa\lings, checlling and olher accounls of Borrower (excfUding IRA. Keogh. trust accounts and Olher accounls
subjecl 10 lax panal1ies if so assigned) lhat are now ar in lhe IUlure in lender's custody or cOl'llrol. \!J It checked, the obligations under Ihis Note are also
secured by \he collaleral describ9d in any securily inslrumenl(s) executed in cormeclion wilh lhis Nole, and any cofIalf!.fal OO$crlbad in any other secUfl\y
inslrumenl(sl seeming this Nola or all of BOIroweT's obligalions.
RENEWAL: 0 If checked, \his Note is a renewal; bul nol a sallslacllon, of Loan Number' .
rvl WA.RNING: fI'EAD9EFORE SlGNlNU. YOU ARE. WAIVING IMPORTANT RIGHTS
t!J IF CHt<CI<EO, A5 A, MAreAIA,L1NO~MENT to lENDER TO MAKE nil: lOAN EW'ENCEOflY THIS NOrE. lJQRnQWEA lnAEIIOt;A8l...VM.lrnc'lRI'tES M.&l) EMl'tIWl:!\!>1\tfV ATTOflNeYOR me
PAOTH()NOfARYOI'l CLEFlKOf ,\N'" CQl,.IRT IN TIll; c~^,-THOF Pl:NNSYlVAMA,.OR ElSEWHERE.TO APPEAAAS ATTOANEyFOR 8OfInowERIN A"" ACtlQNBFlOUOHT IJY lENDeRAF~
BOAflOWER'SOEI'AUl T UNoen nus NOTE OR /lNY OTHER lOI\N lJOCU"",,Nr. ^NO TO CONFESS JUOGMENT NlNNSf8OA\'lOWF.J~t'OJ'I Al\. SUMS DUe l)NI)EA nflS NOTE OR ANY OTHER lOAN
DOCUMENT, ANO I'on AI..L ACCP.UEO\N1F.;RESTf)>> nmSE AMOUNTS. COSfOl' SUIT. ^"II) AT1"ORNEYfI:ES. TOGETI-lERWlmINT(,;RESTON ^JoN" JUDGMENT. AT mE RATEOf' INTERESTSJ>ECIFlE-OI"l
TIlE NOT!; A,F'TER rJEFA-UfJ. FROM mE ENmvOF SUCH JUOGME"lr UNTil ruE FULL IlUOUNf DUe: LENOEIHS oI.ClU,o.\..lvRECENi<D. THlSNOTE. OR'" copy VERlFIE08V AI'F10AVlT.WIllBE A
SUFFlClENTWI\AAIINT. llll: ^unIORlrvQRANTEOffl;FlE,NMAY BE EXERCISEDAS NEEOI:OFFlN TIME to HillE. AS OFTEN AS NECESSAFIV,I)NTll RECEIPH)f" PAYI,IENTlNR/LLOF All.. S\lMS OUE
lENOER
r\OI1nOWERKNQWlNGl Y. INlENffON"'ll '(AND vatUNl MIllY -"HER CONSUl 11\ TJOfoIWlfIlINOE:PEN~NfCOUNSEL uNCONOfTlOWM..L VWIIN'ESN4Y AJolD AlL rooHTS TO DUE PROCESSB()AA(lllNER
H^S on MA'" HAVe UNQEfl TtIE C()tiS"ll\.I1~ANO lAWS OF THE UNrrEO STATES "NO OJ' THE COMI'<<)NWEAlTHQF PEMIISVLVANIA.El'CEPTTHE RIOm" to!lNY NOTICE ~ H!;AFUNQ
REOUIneo UNOER APPlICAaLE lAW wm4 RESPECT TO mE eXECUTI(':IN OF MN CONFESSEO JlJOOEIoIE.14T. ~I\OOM::R I"UATtleA UHtlERSTANPS mAT \JPON BORROWEfI"S OEFAtJl.T AND
CONI'ESSIOM OF J\lOOM1;lU. "fIllS WA\I1t;.AIILLOWSLENOerfTO IMMEOIATl:lVEXeCUrel..fl>'OO ANI) SEllE ANO SELL A,"" OF eDnAOWER'SPf'lOPeR1'VWf1"HQUTPR1()ItNOTlCE OIH,P"O";T1Jt<<t'V
FDA HEAR"./O. EXCEPT fI}JV NOTICE ANOIOft ~A-nlNG REOUfRI'=OUNOER IIPPUC/Ifll8.AW WlrHRe~ClTO 'IllE f-J(ECU11ONOF lH!: CONFESSEDJIJOGEMENT. IN ORDER TO SA nsFVOR seCURE
/l.LL SUMS QUE
THE PERSONS SIGNiNG B!:LQW AGKNOWlEOGE 1 HM THEy HAilE "'E.6.0. UNUEHST AND. AND AGREE TO THE TERMS AND CONDITIONS OF THIS NOTE, !NCllJOING "fHE
PROVISIONS ON THE REVERSE SIDE, AND FURTHER ACKNOWlEDGE. RECEIPT OF AN EXACT COPY OF THIS NOTE.
INWlTNESSWHERE9~,1I18lJ~igned h'II~"e ealneo\hlsrnlll!l"",,,fIIlobll~~ecll1edalla$~aledlnsl"JlT1l!f14lhis _~h-davor October, 2000
BORROWER: Fre erick L Sullenberger OORRQWER: Kri$tie L Sullenberger
~~1#l~
(Seal)
(Seal)
u
en erger
~WE"':
(Seal)
(S08I)
80RROweR;
BOFI,",OIN\:;R'
(Seel)
(5081)
BOFlROWER
BORRO~R:
(Seal)
I"""~
Ed, b.f (Aq
,..I".'...J.\..""....\J'H..I.IVI'l;;>
1. EVENTS OF DEFAULT. An Evenl Df Dela.... wtll OCcur under Ihis Nola In tha evanl thai Borrowto" any guarantor Of any olher thlcd party {'t:}t'ging
co(le.leu!.IIoS9(:Ulelh\sNole:
(a) 'aits 10 make any payment 00 this NOle or any other Indebtedness to lendar when due;
(b)la~s 10 perform any obligation Of breaches any warranty or covena.,t to l....endec' contained In Ihi$ NoIe, any securily instrument, or any olher
prasent or future written agreement regarding this or any other ir'ldebledr'less 01 Borrower to Let1der;
(c) provides or causes any lalse or mlsJeadk'lg signature or representation to be provided to Lender:
(dl sells, con~ys, Qf tfanslSfs lightS in any collateral securing this Nole withoul Ihe written approval of Lender; deslroys. loses or damages such
collateral in any mat9fla1 respect; or subjects such collalaralto seizure, confiscation or condemnation:
(e) has a garnishmer1t, judgment, tal( levy, attachment or lien entered or S8NOO al;)ains\ eonower, any guarantor. or ar'ly third paf1y pfadginQ
collateral to secure Ihis Note or any of their property;
(I) dies, becomes legally incompetent, is dissolved or terminated, C&ases to operate its business, becomes Insolvent. makell an assigrvnent for \hd
homeli! oj C1'edi\Ql's, fails \0 pay debls as lhey become due. or becomes the subjocl 0' any bankruptcy, Insolvency or debtor rehebllllaUon
proceeding;
(g) laMs to provide Lender evidence 01 satisfacfory financial condition;
(h) has a majorily 01 ils outstanding voling securi(ies sold, translerred Of conveyed to tiny person or entity other than any pet'soo or entity that has
the majority ownership as ollhe date olltta axeculloo oIlhls Note; or
(1) causes lender 10 deem ilsell insecure due to a significant decline in ihe value 01 any real or personal property securing payment of this Nole, or
lender In good lailh, beHaves the prospect 01 payment or perlormance is impaired.
2" RIGHTS OF LEHDERON E'IENTOF DEFAULT. lllhere is an Evenlof Default under lhis NOle,lender wm be entitled 10 exerciseona or fl1O(e 01 th8
,oIlowing remedies withoul notice or demand (except as required by law):
(a) to declare the principal llmounl plus accrued interest under this Note and all OUlM present and lutUfQ cl:lI\gations ot Borrower immedlately due
and payable in lull, such acceleration shaW be automatic and imm9diale lithe Event of Delaull i! a filing under the Bankruptcy Code;
(b) to cotlactthe oulstandlng obUgalions of Borrower with or withoul resorting 10 judicial process;
(e) to cease me.kil\g 8d-J8nces unOeT lhis Nole or any rnher agreement between Borrower and lender:
(d) to lake pogsession 01 any collateral In any manner permiUed by law;
(e) 10 require Borrow8r to deliver and make avallable to lendaf any COllateral at a place f93Sonably convenient 10 Borrower anc:l Lender;
(I) 10 sell. lease or otherwise dispose of any collateral and collact any deliclency b<llance wilh or without resorting 10 legal plocess:
(g) 10 set.ot! Borrower's obllgallons against any amounts due 10 Booow9f including, bul no! limiled to, monies, instr\1mel:'\ts, and deposit iICCO\Int9
maintained wilh Lender; and
(h) to exercise all olher rtghts ava~ableto lender under any other wriUen agreement or applicable law
Lender's rights are cumulative and may be eXQfCI$6d togett\el', sep&Jstely, and in any order. lender's reri1edies und9f lhls paragraph are In addition to
those avaHable at corrvnon law, including, but nollimited 10, the right 01 sel-oll,
3. DEMAND FEATURE. (!J II checked, this Note conIains a demand fealure. lender's righl to demand payment, at any Umo, and from lime 10 lime,
shaH be in lender's sole and absolute dtscretiorl, whether or not any de/aull has occurred.
4. FINANCIAL INFORMATION. Borrower will at all tim6S keep proper books oIlecom and accounlln which lun, true and correct entr~s sha~ be made
in accordance with generally accepled accounling 'principles and will deliver to lender. within ninely (90) days after lhe end 0' each fiscal year 01
Borrower, a copy 01 the annual linancial slatements of Borrower relating 10 such fiscal year, such ste;temenlS to Include (I) tt\& balance sheet 01
Borrower as at lhe end of such fiscal year and (Ii)fha related income statement, slafement of relained earnings and slatement 01 cash !low 01 Borrower
fO!' such IIscal year, prepared by such certified public accountants as may be rMsonabiy satisfactory 10 lender, Borrower also agrees '0 deliver to
lender wilhin 'iIIeen (15} days aller ming same, s copy oj Borrower's income lax returns and also, from lime to time, such otller financial inlormallon
with respect 10 Borrower as lender may request.
5_ MODIFICATION AND WAIVER, The modi/icatlon or waN0\' of any of Borrower's obligations or lander's rights under Ihis Nole must be contained !r1
a wriling signed by lender. lender may perlorm any 01 Borrower's obligations or delay or fa~ 10 exercise any of its rtghls wilhoul causing a waiver of
ItIosa obligalions 0( rights. A waiver on one occasiorl w~1 nol constilute a waiver on any other occasion, 8orfQwel"s obIlgalioos under this Note shan
nol be altacled 11 lender amends, compromises, exchanges, laHs to exercise, impsirs or releases any 0' the obligations belonging 10 any co-borrower
or guarantor or any 01 lis rights against any co.borrower, guaranlor, the collateral or any olher property securing the obligations. lender may accepl
and apply checks and other inslf\lmel1ts mafked "Paid in Full. or willi a similar phrase describing a payment as lull satisfaction 01 Ihe obligalions
incurred uncler this Note, without being bOund by that language and withoul waiving any rights 10 payment 01 ",If amounts OWing under lhis Note.
6. SEVERABILITY. II any provision ot this Note is irl'lslid, \IIega\ or unenlorceable, the validity, legelity, end enlorceabifity of the remaining provlsoos
shall not in any way be affected or impaired thereby.
7. ASSIGNMENT. Borrower agrees nol to assign any ol Borrower'", fight'il, remedies or obligalions described in this Nole without the plior wrtllen
consenl 01 Lendar, which consent may be withheld by lendsr in lts sole discretion, Borrower agrees that Lender is entitled 10 assign some or all 01 ii'
rights and remedIes described In lhis Nole wilhout notice to or the prior consent of Borrower.
8. NOTICE, Any nolice or olher communicalion to be provided to Borrower or lender under this Nota shall be in writing and sent 10 the parties alth8
addresses described in this Note or such other address as the parties may designate in wrillng from lime 10 time.
9. APPLICABLE LAW, This Note shall be governed by th8 laws 01 the stata indicated in Lender's address. Unless applicable law provides otherWise,
Borrower consents to the jurisdiclion and venue 01 any court focaled in such st",le selected by Lender, in lis discretion, in the evenl of any 1egaJ.
proceedlng uncler this NOIe.
1D. COLLECTION COSTS. To Ihe extent pormilled by law, Borrower agrees 10 pay lender's reasonable fees and casl:!!. including, but not ,lmited 10,
lees and costs of attorneys and nth9\' &gems (Including without rlmtalion paralegalS, clerks and consultanls), whether 0( not such attomey or agent 15
an employee of Lender, which are incurred by Lender in collecting any amount due or enforcing any righl or remedy under this Note, wl1ethsr or not
suit is brought, including, bul notlimiled to, all lees and costs incurred on appeal, in banl(,f~, and lor posl-judgment collecllon actions.
11. MISCELLANEOUS. This Note is being Elxecuted primatily 'or commercial. agricultural, Of bUsiness purposes. Borrower and lander" agree lhat
lime Is of lhe essence. Borrower agrees to make all paymef\ts 10 lendflr al any address designated by Lender and in lawlul United Slales currency.
Borrower and any person who endorses lhis Note waives presenlmenl, demend fO!' paymenl, notice 01 dfshonor and prolesl and 'urther waives any
right to require Lender to prOC89d against anyone else before proceeding against Borr0\N9r or said person, An relere0ce5 tQ BQm:ffl6\' in \his NOle shalt
includa all ollhe parties signing lhis Note, and this Nole shall be binding upon the heirs, successors and assigns of Borrower and Lander. "there is
tl'\OI'e than one Borrower their obllgallons under Ihls Note shall b6 loint and several. Inlormallon concerning Ihls Nole may be reported to credit
repor1ing agencies and wi.tl. l;)e made available when requested by proper legat process. This Note represents the compl9te and integrated
understanding between Borl"OW9f' and 19nd91 regarding the tl9nTlS h9leof.
12. JURY TRIAL WAIVER. LENOER AND BORROWER HEREBY WAIVE AN'I RtGHT TO A TRIAL BY JURY IN ANY CI'Ill ACTION ARISING OUT
OF, OR BASED UPON, THIS NOTE OR THE COLLATERAL SECUFUNG THIS NOTE.
13. ADDmONAL TERMS:
LPP~<rlF~T~n,\ne.t1l12l1ge) (fIOO)1r37-:ml9
.
"
-' ,~
Addendum to Note
Interest Rate
Until October 27, 2005, the interest rate shall be fixed at the initial rate of9.75%,
thereafter adjusting in accordance with the Commercial Variable Rate Promissory Note.
101"1-1/,;0
date'
iz~A
, tie L SUllenber~
(0/'2.1 (11'
Date
'- .~:. -... ..~ ...-.-.
AGREEMENT FOR SUBSTITUTION OF COLLATERAL
THIS AGREEMENT is made this -11 day of /f': f'lfi.-/ " 2004, by and between
COMMUNITY BANKS, formerly known as Community Bank ,NA (the "Bank") and FREDERICK L
SULLENBERGER AND KRISTIE L SULLENBERGER, adult individuals (the "Borrowers"),
WITNESSETH:
WHEREAS, Bank has heretofore made a $226,500.00 secured term loan (the "Loan") the
Borrowers and
WHEREAS, Borrowers have guaranteed the Loan and executed an Open-End Collateral
Mortgage (the "Mortgage") and
WHEREAS, Borrower has requested that Bank release the real property situate at 167 N
Enola Road. Enola, Pa, 17025 further described as Lot Nos 6, 5 and 4 on the plan of lots of Enola
Block 2, which Plan is recorded in Plan Book 1, Page 51 from the ~i'rtg~ge and substitute, in lieu
thereof, real property known as Lot Nos 38, 37, 36, 35, 34, 33 and'24 on the West. From Lots Nos
f'S, ~ 4, 5. 6 on the East recorded in Plan Book 1 Page 51, Cumberland County; See attached Legal
. Description and
WHEREAS, note states borrowers pay $2,418,16 monthly; and
WHEREAS, the parties desire to enter into this agreement to provide for the substitution of
the substituted collateral for the existing collateral.
NOW THEREFORE, in consideration of the premises and the mutual covenants herein
contained, and intending to be legally bound, the parties agree as follows:
1. The Bank agrees to change payment amount to $557.20 monthly,
c tb,h,} "fj Ii
WITNESS the due execution hereof the day and year first above written.
By:
Title:
"Bank"
P /l /\-
Freqerick L;Sullenberger
/
,
k u. ,I):, 1 J:u.-(../...:-J....~
Kristie L Sullenberger ~
ItBorrower"
- 2-
Tax Parcel ~o. 09-14-0832-27~
...
.-:.~
ALL THAT CERTAZNloc, ~l, piece of.ground, slmate in East P=boro TOWIlShip,
CumbCrl:l!l.d Coumy, Pe.nnsylvama, botmded and described as follows, to wit:
. '
BEGimrmG au point where the line di~~Lot No. '38 on the South from Lilt No. 39 cin' --
the North aJJd belng also tbC sOUlilerly li:rJeoflalld now or late of John Disney, mC:G the
c:lSterly line of Susqueiwma AVClIIle; Fifty-five (55) feet wide. at the distance of ODe Huluire:I
Fifty-four and One HUIldrcd Eighty-five tho"..ni!rh. (1S4.185) of a foot measured Scum M've
(5) degrees NlIle (9)mimlte3 ,ThJrty(30) seconds West along the said e3Slerly Jioe of '. '.',' -
" Sciqueb3iioa Avenue, fonD. a point at the southwesterly extremity of the arc or Clll'Ve having a
radius of Ten (10) feet which COllDect the said casn::ly line of Susqu""~nn. Ave= with me
southerly line of Dallphill Street, Fifty (50) feel wide; thence e:ttcndi:og from said beg;'""'"'g
point the following rour (4) courses and distances: [lJ South Eig!l!y-four (84) degrees Fifty
(50) mimnes 'Thirty (30)secoods East along tllc line dividing Lot No. 38 on the South from 1.01
Nos. 39l1lXl4D on the North, beiDg aloIlg the southerly line of said Land now or late of John
Disney llIId along the soumerly lie of l3ric! OOW or la.-e of G.E. Wingert, One HllIldrcd Fifty
(ISO) feet to a point in the ~=ly line' of Lo! No. Z. CO=Oll to the northeaste::'ly comer of I
Lot No. 38 and r.nmTTII'1l to' the southe:l.5terly comer ofLo! No. 40; [2] South Five (5) dl:grees I
Nine (9) :minuteS Thirty (30) sec=:ls West, along the line dividing Lo! Nos. 38, 37. 36. 35, 'I
34 33 aIId 21 OIl tl:te West. from Lot Nos, 2, 3, 4, 5, 6, and 7 on the East, being aJOI'.,g the I.
, . .-..'
westerly line of Lalld of other owncI;f along the westt:::'ly line of land now or lire of George F.
EbDer Jr, and alODg the Wl:SlC'ly line ofIand now or late of No=W.Ream, on a line
parallel with the said =ly Ie of SU5quellaIma AvelllIe, Three H~ Fifty (350) !:::; to a
point common to the souUJe....sterly Comer of Lot No. 32 and CO=OIl to the northea."t:rly ,
comer of lot No. 31, being also the northeasterly corner ofJand now or late of Ray ;.., Fas-:k;
[S) No..--th Eighty-four (84). degrees Fifty (SO) milllItcS Thirty (30) seconds West. along ~ line
dividing Lot No. ~2 on the North from Lot No. 31 ob the South, being along the northerly J:i1li
of said JaIld now or late of ~y Z. Fasik, One HUIldred Fifty (150) fe:r to a point in the said
easte'tly line of ~eb= Avenue; a.nd 14] North Five (5) degrees Nille (9) mimrtes Tbiny
. (30) =onds East, along the said eastCrly line of Susquehanna Avenue. Tbrce Hundred FIfty
(350) f~t to TEE PUCE OF 1JEGINNING
CONTAJN1NG S2,SOO Square fuel, more or less.
. i
i
BEING parr ,of EnoJa as laid out by the Enola Realty Company, as rc,;:ordeQ in Plan :Book 1
page 51. Cumberland County.
BEING the sam: premises which W. Braclford Buche:, Executor of the Estate of C3rol~ S.
Bucher, by deed dared July 27. 1989 and =rded August 2, 1989 in the OffiCl: of me
Recorder of De->...ds for Cim:1berlaIld CoUnty in Deed Book B-34, page 1164, granted alld
conveyed UIlto Ronald G, Gates and Do= 1.. GateS, his wife: --
Communit'lBanks
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 resllllt 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.
,Sin(J--.cereIY
all/\ -
'! '
/// lobn 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, PA 17110
P.O. Box 350 . Millersburg, PA 17061 . Phone 1-800-331-8362
kY.!llb,} r! (
AtiORESS
24 Lancaster Avenue
Enola, PA 17025
TI!LI!PHONiu<<); IDEHnf1CAllONNO.
BUSINESS
PURPOSE
AFFIDAVIT
[;E:=G""
IHIflAU. . .RATl!
KDF ~ARIABLE
AI PAL
AMouNT
$226,500.00
Sf I!"
.......
,...----.']
_n.
Under penally 01 perjllfy, I hereby cerllly Ihftll exercise actual conlrof over Ihe managerlal dectslons ollhe business enlerprlss Idenlllled bekM Bnd thai \he
pl'oceeds of eo lO&n In the amounlol $_UJL.5..90 . O~t , 9Vldenced by III PromISsory Note dlllled _OJ;J:.obe~-,~OOL______. .
0'411I be used Ir1 lhe ordlnll'Y course olltle opera lions ollhal business llnlerpr"e 'or lhe lollow{ng buslrless purposes: _f_r.QY..:Mi~___J_"m9s__ ___to
_p:ur.s...h...e_Px!~p_ert:ie.!!!I_~____________
The nnme 0' 1h6 business entmprise Is:
BORROWER: Frederick L Sullenberger
-f:!:~'iib.rg.r
{seal}
BORROWER: Krist!e L Sullenberger
~Si1
se_I!'-
BORROWER: BORROWeR'
Isltlll _______W'a~_
BORROWER' BORROWeR:
/se.!!L {~~.!'l
BORROWER: BORROWER:
lSA!.!\.. --1,_e:l~
COMMONit EA O=~~pr~~ . ~
COUNTY ~( __ _ t. ~l.~SS
/C po lI'1t 'h;+:d; t d., - ~~I:1:r- (2M--p-, r'o," mo. Ih. """...Ign'" 011I0'''. "''''"'''~ .",,...."',
_.\~L1.lL~_u:.-l~~LlL""',J...~~__w..I.,.L_~l.J1:o.._L~~lcnovm 10 rTlIJ (or lJatfslockdy ",ov"lnllo M 1I~
pOf!lon ....I1o!ls name knowledged lhal Mlsh9 elteculed the same for lhe pUfpo58!l119n!Ir1 conlllh19O.
NDlarlalSeal
Beryt MU1er-Eckrlch. Nolary PubIJa r
"~I!~m~I1'~"' 011le1.1,..!. \
berrPennI'(t'mnln+'~socIa'mm'Not:II
IN WfTNE
My CommI9slon Ell
~
Ie 01 Olllcer
COMMONWEALTH Of' PENNSYLVANIA
COUNTY OF
ss
Onlhe
day of
,before me, the subsctfbef. 8 Noll!lry Public In end For lhe Comnorcw_tlh
, who acknowledged hhnseff"'-n;eIl' 10 be Nlhe
__. and thai he/sh9. as suct'l aUker, beIog ftuthortled 10110
end County aloresald, personany eppeefed
0'____._ ,8
so, execuled lhe Ior9QOlng Instrumenl (or !he purposed therein cantah1ed by signing the rll'Im8 M th&
by hirnslll''''ersel' as soch 0lJlc8f and desired IhallhlJ same m'ghl be recordAd as such.
WlTNESSmy heM lIf1d seal the day and year eforesald.
Notary Public
My~ionelt,*",,:
~AllIlll 0 JlIIOftI\~T~.Inc.(5f71ft) ~lt31.3m
E'f.htb,f I'!J"
Matthew 1. Eshelman, Esquire
ID No. 72655
SAIDIS, SHUFF, FLOWER & LINDSAY
2109 Market Street
Camp Hill, PA l70ll
Telephone: (717) 737-3405
Facsimile: (717) 737-3407
COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION
COMMUNITYBANKS,
f/kJa Community Banks, N.A., Plaintiff
: DOCKET NO: os'- 5fl~'- [L.,J '1",--
vs,
CONFESSION OF JUDGMENT
FREDERICK 1. SULLENBERGER and
KRISTIE 1. SULLENBERGER, Defendants
: PREVIOUSLY ASSIGNED TO: N/A
VERIFICATION
I, John G. Olyamik, hereby verify that the statements made in the foregoing Complaint are
true and correct to the best of my infonnation, 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: II p/os:-
COMMUNITYBANKS, f/kla
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
: DOCKET NO: 0.,'- 5':J7) (l;J -r;~
COMMUNITYBANKS,
flkJa Community Banks, NA, Plaintiff
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
SAIDIS, SHUFF, FLOWER & LINDSAY
2109 Market Street, Camp Hill, PA 17011
(717) 737-3405
Respec f Ily s
SAID!
WER & LINDSAY
Date:
t( q 6~
By:
Matthew J, Eshe an, Esquire 72655
2109 Market Street, Camp Hill, PA 17011
(717) 737-3405 (fax) 737-3407
Attorneys for Plaintiff, Community Banks
}\IN' \
t,\nJ
t." :C, t, \'} '1 \ 1,n;:-;0(;~
,
;Ju
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: 0:3'- 5'4'75- C~
-
I..~
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 171 I 0; 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.
Respectf
SAIDI
Date: November 3, 2005
By:
Matthew J. elman, Esquire ID #72655
2109 Market Street, Camp Hill, P A 170 II
(717) 737-3405 (fax) 737-3407
Attorneys for Plaintiff, CommunityBanks
c;
S~;;
-~, G..J
.-< (..:;
'"
C~'.:J
f:::_~
en
.-.,.,.
(::~
.....:.:;
""'"
\..0
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- 5i 7 j c.~.J %-
COMMUNITYBANKS,
ffkJa 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.
ER & LINDSAY
SAID , HU
Date: November 3, 2005
By:
Matthew 1. s elman, Esquire ID #72655
2109 Market Street, Camp Hill, PA 17011
(717) 737-3405 (fax) 737-3407
Attorneys for Plaintiff, CommunityBanks
~; \..~)
c':"~.) -"(1
.::~,
~"!:
C)
.....;:;:
...;..-
1...0
':2
Cr.)
<.....:>
-
Matthew 1. Eshelman, Esquire
10 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: o!". S'f 7J~ &~ J;_
COMMUNITYBANKS,
flk/a Community Banks, N.A., Plaintiff
v.
CONFESSION OF JUDGMENT
FREDERICK L. SULLENBERGER and
KRISTIE L. SULLENBERGER, Defendants
: PREVIOUSLY ASSIGNED TO: NIA
NOTICES IN CONNECTION WITH JUDGMENTS BY CONFESSION
REQUIRED BY 42 Pa. C.S.A. 9 2737.1 (Act 105 of2000)
To: FREDERICK L. SULLENBERGER and
KRISTIE L. SULLENBERGER, Defendants
Pursuant to 42 Pa, C.S. ~ 2737,1. please take notice that the Plaintiff in this matter has
entered ajudgment by confession against you in the amount of $49,063,27,
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 swom 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, PAl 70 13
(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 tii 11 Y su
tOSAY
Date:
tl q 0'("
By:
Matthew], Esh Iman, Esquire ID #72655
2109 Market Street, Camp Hill, PA 17011
(717) 737-3405 (fax) 737-3407
Attorney for Plaintiff, CommunityBanks
Pennsvlvania Rule of Civil Procedure 2959 - Strikine off Judement
(a)(1) 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 petltJon 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 ofthe judgment or of any levy or attachment shall be preserved while the
proceedings to strike off or open the judgment are pending.
-,_...,,-~-"
r-'
c::::"
,..::~.
eft
C~\
i
(
...-,
~-::..
.")
~\1
:::1
f;;,7;~
n-;
\.~--:-
7:>
...n
(.,)
(..)
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: oS' ,5'f7S- r.!...wJ ~
COMMUNITYBANKS,
f/kJa Community Banks, N.A., Plaintiff
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 $49,063.27, 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 mDGMENT 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. THIS OFFICE CAN
PROVIDE YOU WITH INFORM A TION 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
Date:
,...-.
11 ~ 6\
By:
Matthew J. shelman, Esquire ID #72655
2109 Market Street, Camp Hill, P A 17011
(717) 737-3405 (fax) 737-3407
Attorneys for Plaintiff, CommunityBanks
\YER & LINDSAY
~
-.J ??
\ r ~
\: v- ,
\. ..... .......
" "'"
\ <:) "',
\ c, t
~ v
,
\, <<::
,..
~
.....
,
,
"-
c
v
',"
.....,
<::~'\
;.-.-::-)
1:::.1"".
()
-0
:;!
cDi
'1"
..:::41
-""
i"l~'5ti.
:~ ~~fl
;i~rh'
..-<.
,.
,..--
;-
r'u,-.)
~~
...........
--
~
}0
:t-.
~
-
$
Q'
V;) .
""
.....
""
'd
..)
P~)
--~,
,
'"
COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA
CIVIL ACTION
COMMUNITYBANKS,
f/kla Community Banks, N.A., Plaintiff
: DOCKET NO: 05-5875 CIVIL TERM
v,
: CONFESSION OF JUDGMENT
FREDERICK 1. SULLENBERGER and
KRISTIE 1. 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 f/kla 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 1. and Kristie 1. 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)
.r
~
evidencing receipt of the Complaint by the Defendants at the address and on the date indicated
on the return receipt cards. Said service is made pursuant to
R,C.P. Nos 403
Sworn and subscribed to before me
this 8th day of December, 2005.
, Notary Public
COMMONWEALTH OF PENNSYLVANIA
Notarial Seal
Sara J. E~nger, NoIaI)I PuI>ic
Ca~isle Bora, CumberlaI1d County
My Commission Expires Oct. 17, 2009
Member, Pennsylvania Association of Notaries
. Complete items 1, 2. and 3. Also complete
item 4 if 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 pennits.
1. Article Addressed to:
Ff('ckncf. L 51.< /lci1beye,' -
({n6h ~ L, 5./ hl h,,'l-<-
8,4 ta,-.{QS b-- Hoed
Po- Be'f.. Co
Eiw/c,PA 170;;;-;-
D. Is delivery address different from item 1?
If YES, enter delivery address below:
3. Service Type
-o~tifled Mail 0 Express Mail
o Registered' --I::f'"Retum Receipt for Merchandise
o Insured Mall 0 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
'~2.M-1540 .
E't hi 6, j (/1"
COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CNIL ACTION
COMMUNITYBANKS,
f/k/a Community Banks, N.A.,
Plaintiff
: DOCKET NO: 05-5875 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 Wallace & Nurick LLC
Date: March 23, 2006
By:
/
S. uff, Esquire
upreme Court ID #24848
100 Pine Street, PO Box 1166
Harrisburg,PA 17108-1166
(717) 237-5439
Attorney for Plaintiff
('?
,-,
L:?
,
~~.')
':o:i'1
''oJ
'-~
(~?
.c..:'!
~...
--------