HomeMy WebLinkAbout06-1129
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Plaintiff
: IN THE COURT OF COMMON PLEAS
: OF CUMBERLAND COUNTY, PENNSYLVANIA
: NO. Of; /1;;2 7 ~
MID PENN BANK,
v.
MILLENNIUM RECOVERY, INC.,
and JOEY V. SULLENBERGER,
a1k/a JOSEPH V, SULLENBERGER,:
Defendants
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 the Defendants as follows:
Principal:
Interest:
Late Charges:
Attorneys Fees and Legal Expenses:
$26,116.40
$ 1,569,59 (plus $6.17 per diem)
$ 845.80
$ 500.00
Total: $29,031.79
plus continuing interest from February 15, 2006, at the rate of $6,17 per diem, continuing late
charges, continuing costs, and continuing attorneys fees.
Date: ,','
,2006
.'
-\\
o
Cunningham & Chernicoff, P.C,
Marc W, Witzig, Esquire
P A Attorney Ident. No. 29929
Kelly M. Knight, Esquire
PA Attorney Ident. No, 87365
2320 North Second Street
Harrisburg, P A l711 0
Telephone: (717) 238-6570
mwitzig@cclawpc,com
kkni~ht@cclawpc.com
Plaintiff
: IN THE COURT OF COMMON PLEAS
: OF CUMBERLAND COUNTY, PENNSYLV ANlA
: NO. !J()j~'-I(J?c;"'1 ~. ,~'
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MID PENN BANK,
v.
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MILLENNIUM RECOVERY, INC.,
and JOEY V, SULLENBERGER,
alk/a JOSEPH V. SULLENBERGER,:
"'
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( ,
Defendants
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(,.,',
COMPLAINT FOR CONFESSION OF JUDGMENT
NOW COMES the Plaintiff, Mid Penn Bank, by and through its counsel, Cunningham &
Chernicoff, P,C., and states its Complaint for Confession of Judgment as follows:
I, Plaintiff, Mid Penn Bank (the "Plaintiff' or the "Bank") is a Pennsylvania banking
institution with a principal place of business located at 349 Union Street, Millersburg, Dauphin
County, Pennsylvania 17061.
2, Defendant, Millennium Recovery, Inc. ("Millennium"), is a Pennsylvania corporation
having a registered office address at 4520 Valley Road, Enola, Cumberland County,
Pennsylvania 17025.
3. Defendant, Joey V, Sullenberger ("Mr. Sullenberger"), is an adult individual with an
address of 481 Sample Bridge Road, Enola, Cumberland County, Pennsylvania 17025.
4. Mr. Sullenberger also is known as Joseph V, Sullenberger.
5. On or about April 15, 2003, Millennium executed a Promissory Note in favor of the
Bank, in the initial principal sum of $41, I 00,00 (the "Note"), A true and correct copy of the
Note is attached hereto as Exhibit "A" and is incorporated herein by reference.
6. Mr. Sullenberger was a co-signor on the Note,
7, As set forth in the Note, in exchange for value received, Millennium and Mr.
Sullenberger (collectively, the "Defendants") promised to pay the Bank, or order, the sum of
$41,000.00, together with interest at the initial rate of 8,500 percent per annum, on the unpaid
balance until April 15, 2008, or until paid in full, whichever occurs first.
8. As set forth in the Note, Defendants agreed to pay the Note on demand; however, ifno
demand was made, then in fifty-nine (59) monthly payments of$845.82, beginning May 15,
2
2003, and continuing on the same day of each month thereafter with one final payment of
$846.08 being due on April 15, 2008.
9. According to the Note, if Defendants made any payment fifteen (IS) days after it was
due, Defendants agreed to pay a late charge of 10% of the late amount with a minium of $20.00.
10, On February 7,2006, Plaintiff demanded payment of the Note in full, from
Defendants,
II. To date, Defendants have failed and refused to pay all sums due and owing under the
Note.
12, According to the Note, if Defendants are in default under the Note, then the Bank
may demand immediate payment of all amounts due under the Note, including principal, accrued
unpaid interest, and other accrued unpaid charges,
13, According to the Note, Defendants agreed to pay all costs of collecting, replevin, or
any other or similar type of cost if Defendants are in default under the Note,
14. In the Note Defendants agreed that if the Bank is required to hire an attorney to
collect the Note, then Defendants shall pay any fee incurred by such attorney plus court costs.
3
15. Defendants are in default under the Note in that Defendants have failed to make
payment when due under the Note,
16. Defendants are in default under the Note in that Defendants have failed to do
something which causes the Bank to believe that it will have difficulty collecting the amount
owed by Defendants, Specifically, Defendants have experienced a material adverse change in
their financial condition which has led the Bank to believe that the prospect of payment or
performance by Defendants under the Note is impaired.
17. As of February 15, 2006, the sum due and owing under the Note is:
Principal: $26,116.40
Interest: $ 1,569.59 (plus $6,17 per diem)
Late Charges: $ 845.80
Attorneys Fees and Legal Expenses: $ 500,00
Total: $29,031.79
plus continuing interest from February 15, 2006, at the rate of $6.17 per diem, continuing
late charges, continuing costs, and continuing attorneys fees.
18. Defendants have no legal excuse or defense for failure to perform and pay their
obligations under and in connection with the Note as hereinabove alleged.
4
19, Because of Defendants' failure and refusal to perform and pay their obligations under
and in connection with the Note and to pay the amount owed to the Bank, the Bank has been
damaged in a sum not less than $29,031.79 plus continuing interest, late charges, costs, and
attorneys fees,
20, The Note authorizes the Bank to confess judgment against the Defendants,
21, Judgment has not been entered in any jurisdiction on the Note.
22, The Note has not been assigned,
23, Plaintiff does not seek herein judgment by confession against a natural person in
connection with a consumer credit transaction.
24, Defendants' failure to pay under the Note and continuing default thereunder provides
the Bank with the authority to file this Complaint against both Defendants,
25. All conditions precedent to the Bank's recover hereunder and entry of judgment by
confession, in favor of the Bank, have been performed, satisfied, and/or waived.
5
WHEREFORE, Plaintiff, Mid Penn Bank prays that this Honorable Court enter judgment
by confession against the Defendants, Millennium Recovery, Inc, and Joey V. Sullenberger alk/a
Joseph V. Sullengerger, in the amount of $29,031.79, plus continuing interest from February 15,
2006, at a rate of $6.17 per diem, continuing late charges, continuing costs, and continuing
attorneys fees, and further grant Plaintiff such additional relief as is just and proper.
By:
I
Date: I.
,2006
homeltJf/complain/mid-mill
6
717 2~8 4809
Cunningham and Cherni
110042 am" 02.22.2006
23/58
MID PENN BANK,
: IN THE COURT OF COMMON PLEAS
: OF CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
: NO.
v.
MILLENNIUM RECOVERY, INC.,
and JOEY V. SULLENBERGER,
a/kfa JOSEPH V. SUllENBERGER,:
Defendants
AFFIDAVIT OF LAST KNOWN ADDRESS
I, Lany 1. Novinger, Collections Manager of Mid Penn Bank, hereby certify that the last
known address of the Defendant, Millennium Recovery, Inc. is 481 Sample Bridge Road, Eno1a,
Cumberland County, Pennsylvania 17025. I further certify that the last known address of Joey V.
Sullenberger, a/kfa Joseph V. Sullenberger is 481 Sample Bridge Road, Eno1a, Pennsylvania
17025.
MID PENN BANK
Sworn to me this
~ day ofFebmary, 2006
~
~'CC . /
. t.!;;) ( 7'7-.-
~o Public
COMMONWEALTH Of PENNSYLVANIA
Notarial Seal
Dixie L. Ross, Notary Public
Millersburg Boro, Dauphin County
My Commission Expires May 5, 2007
Member, PennsylvClnl3 Association of Notaries
MID PENN BANK,
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
NO,
v,
MILLENNIUM RECOVERY, INC.,
and JOEY V, SULLENBERGER,
a/k1a JOSEPH V. SULLENBERGER,:
Defendants
AFFIDAVIT OF KELLY M. KNIGHT. ESOUIRE
I, Kelly M. Knight, Esquire, attorney for Plaintiff, Mid Penn Bank, swear and aver as
follows:
1. The judgment is not being entered by confession against a natural person in connection
with a consumer credit transaction.
SWGrn to before me
this ~" day of February, 2006
, i/j.'_.J l(.'.,
I
'....1.
" "
c.l, {'
Notary Public
.\lOTARiA.L SE~~--~ --.
!,_):_i:/i'i~l?
'-"..(
MID PENN BANK,
: IN THE COURT OF COMMON PLEAS
: OF CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
: NO,
v.
MILLENNIUM RECOVERY, INC.,
and JOEY V, SULLENBERGER,
a/k/a JOSEPH V. SULLENBERGER,:
Defendants
CERTIFICATE OF RESIDENCE
The address of the Plaintiff, Mid Penn Bank, is 349 Union Street, Millersburg, Dauphin
County, Pennsylvania 17061.
The last known address of Defendant, Millennium Recovery, Inc., is 481 Sample Bridge
Road, Enola, Cumberland County, Pennsylvania 17025,
The last known address of Defendant, Joey V, Sullenberger a/k/a Joseph V. Sullenberger,
is 481 Sample Bridge Road, Enola, Cumberland County, Pennsylvania 17025.
Date: .
,f./."
, 2006
717 2~B 4809
Cunningham and Cherni
11 :01 :25 a_m. 02~22-2006
28/58
MID PENN BANK,
Plaintiff
: lN THE COURT OF COMMON PLEAS
: OF CUMBERlAND COUNTY, PENNSYLVANIA
: NO,
v,
MlLLENNIUM RECOVERY, lNC., :
and JOEY V. SULLENBERGER,
alkJa JOSEPH V. SULLENBERGER,:
Defendants
AFFIDAVIT OF NON-MILITARY SERVICE
COMMONWEALTH OF PENNSYLVANIA
: 58;
COUNTY OF DAUPHIN
The undersigned being duly sworn according to law, deposes and says that he, Larry
Novinger is Collections Manager of Mid Penn Bank, Plaintiff in the above captioned matter; and
that he personally knows that Defendant Joey V. Sullenberger alkJa Joseph V. Sullenberger is
over the age of eighteen (18) years.
Plaintiff further avers that the Defendants are not in the military service or in any branch
of the Armed Forces of the United States of America or its allies or otherwise within the
provisions of the Soldier's and Sailors' Civil Relief Act of Congress of 1940 and its
Amendments,
MID PENN BANK
SWORN and Subscribed to
before me ~l6ay,
/
~~ary, 2006fi /
~-f?f~t~ /
COMMONWEALTH C/' PENNSYLVAN1A
Notarial Seal
. Dixie L. Ross, Notary Public
Mdlersb~. Boro, Dauphin County
My CommiSSion Expires May S, 2007
Member, PeMSy1lffinl2l ASSOCIation of Notaries
717236 4609
Cunningham and Cherni
11:01:17a.m
02.22.2006
27/58
MID PENN BANK,
IN TIlE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
: NO.
v.
MILLENNIUM RECOVERY, INC.,
and JOEY V. SULLENBERGER,
aIkIa JOSEPH V. SULLENBERGER,:
Defendants
VERIFICATION
I, Larry Novinger, Collections Manager of Mid Penn Bank, verity that the statements
IIIlIde in the foregoing Complaint for Confession of Judgment are true and correct to the best
of my knowledge, information and belief. I understand that false statements herein are made
subject to the penalties of 18 Pa, C.S.A. ~4904, relating to unsworn falsification to authorities.
MID PENN BANK
Date: retx UtA( ~ :A 4 ,2006
Sl~ORN and Subscribed to
Before me this 22nd day
of February, 2006
C~~
NOTARY PUBLIC
COMMONWEALTH CJ' PENNSYLVANIA
Notarial Seal
. Dixie L. Ross, Notary. Public
MllIersburg Boro, Dauphm County
My Commission Expires May 5, 1007
Member, Pennsylvania Association of Notaries
EXHIBIT "A"
MILL~I'NIUM RECOVERY INC MID PENN BANK
4520 VAllEY ROAD SUITE 0 409B DERRY STREET fl Loan Number ~nn019737
ENOlA, PA 171125 HARRISBURG, PA 17111 -.(Jlo/ Date04.t~.?OO3
Maturity Date 04.1!i.7nnR
Loan Amount $ 41 loonn
Renewal Of
BORROWER'S NAME AND ADDRESS LENDER'S NAME AND ADDRESS
"I"includasuchborrowarabove,jointlyandsevarally. "You" me8ns the lender, its successors. and assigns.
For value received, I promise to pay to you, or your order, at your address listed above the PRINCIPAL sum of FORTY nNF THml~ANO nNF HIINnRFn
ANn Nnll0n Do\I1~,s ~A' UlfIOO
00 Singl. Adysnc.: I will receive all of this principal sum on 04.1!i.?nn3 . No additional adVlmces are contllmplated under this note
o Mullip. Advlnc.: The principal sum shown above is the maximum amount of principal I can borcow Ul\del this nott'.. On
I will receivll the amount of $ and future principal advances. arll contemplated
Condl1hm.: The conditions for future advances are
o Open End Cl.dh: You and \ agree that I may borrow up to the maximum principal sum more than one time, This feature is subject to all
other conditions and expires on
o Cloud End. Cr.dit: You and \ agree that \ may bOflOW Isubject to all other conditions) up to the maximum principal sum only one time.
INTEREST: I agree to pay interest on the outstanding principal balance from n4. Hi.?nn3 at the rat. of R !inn %
per year until 04.1!i.?nOA
o V.rilble RII.: This rate may then change as stated below.
o Index R.I.: The future rate will be the following index rate:
o No Ind.x: The future rate will not be subjllct to any internlll or external indllx. It will be entirely in your control.
o Frequ.ncy .nd Timing: The rate on this note mllY change a5 often as
A ct\anQe in the. iroterest rate will tak.e eftect
o Umitl1fon.: During the term of this loan, the applicable annual interest rate will not be more than
,*" The rate may not Wl!.f\ge moul than % each
Eft.cl of Vlriable Rile: A change in the interest rate will have the following effect on the payments:
o The amount of each scheduled payment will change. 0 The amount of the flnal payment will c.han'ije
o
ACCRUAL METHOD: Inter.st will be calculated on a Ar.T1IAII~lm basis.
POSl MA.TUNTY RATE: I agree to pay interest on the unpaid balance of this note owing after maturity, and until paid in full, as stated below
00 on the same fixed or variable rate basis in effect before maturity (as indicated above).
o at a rate. equal to
00 lATE CHARGE: If a payment is made more than-15.- days after it is due, I agree to pay 11 late charge of In nnnl!l. m: THF I ATF AMOIINT
WITH A MIN OF 120.00
o RETURNED CHECK CHARGE: I agree to pay a f86 of $ for each check., negotiable order 0/ withdrawal or draft I Issue In
connection with this loan that is returned because it has been dishonored.
00 ADDITIONAL CHARGES: In addition to interest, I agree to pay the following charges which 0 are III are not included in the prinCipal amount
above:
% or less than
PA.YMENTS: I agree to pay this note as follows:
ON DEMAND, BUT IF NO DEMAND IS MADE rHEN 59 MONTHLY PAYMENTS OF IB45.B2 BEGINNING 05.15.2003 AND 1 PAYMENT OF IB41I.OB ON 04.15.200B.
PURPOSE: The purpose of this loan is PIIRr.HASF TRIIr.K
00 WARRANT Of AUTHORITY TO CONFESS JUDGMENT. Upon defluh, in Iddi1ion 10 all other rem.dies and righls nallable to you, by signing
below Borrow.r irr.voclbly luthoriz.. the prothonotary. clerk. or Iny Ittornev to .".., in .nv oowt ot 'SCOld turlling jurisdic1ion ov.r thl. matt.r
and 10 cont... judgm.nl Iglln" m. II Iny time withoYI stay of ex.cution. I wliv. notic.. s.rvfc. of proc... Ind proc.... I .grea and und.rstsnd
that jUdgmanl mlY b. confined IUlin'" me for anv unplid prindpal, Iccru.d inl.r." Ind accru.d charge. due on Ihis not., plus collection costs
.nd r.lsonlb.. atlorn.vs' t.e. up 10 15 p.rcanl of Ih. ludgm.nl. Th. .lUlrcl.. ot th. pow.r 10 coni... jUdgm.nt wiD not IKhlu.t1hi. wanant ot
authoriw to conf.. iudtJment lInd lTlIy be dOll. I. ohan .. you elecl. I tunher undarSUind thll my property mly ba s.iz.d without prior no1ice to
sati.tv the d.bl ow.d. I knowingly, inlentionllly, Ind yoluntlrily wllve Iny Ind all cons1ltutionel righl. I tuve 10 pre.deprivation nollc. Ind hearing
under fed II .nd stet. law. Ind fully und.rsllnd the cons.qu.nc.. of 1his waiv.r.
ADDITIONAL TERMS:
'/;!1ge4, 1991 a.n~.rl SYlt.ml, I""" St_ ClOUd, MN Form UNS.LAZ-PA 2/13/2001
~"~
.L NOTE AND SECURITY AGREEMENT
SECURITY
.:iECURITY INTEREST: I give you a security interest in all .of the Property described below that I own or have sufficient rights i~ which t,? transfer an
iMefest, now Of in \he fl.l\lne, wherevel the Proper\)' lS or wlll be located, and all proceeds and pr~ducts ot the Property. Property ~n~ludeJ all
parts accessories repairs replacemtHlts, Improvements, and accessIOns to the Proptlfty; any original eVidence of title or owners IP, an a
oblig~tion:; that s~pport the payment or performance of the Property: "Proceeds" lI1c1udes anything acqUired upon the sale, lease, Ilcen:;e~
exchange, or other disposition of the Property; any nghts and clam'S ansmg from the F'topetty: a{\d &t'/ collectIOns and dlstnol.ltlor.s 00 QCcol.lM 0
lhll Property.
D Accounts end Other Rights to Peyment: All rights to payment, whether or not eamlld by performan<::ll, mcludlrlg, but not Iimlllld to, payment for
PIOpefW Of Stlwices sold, leased, ren\ed, licensed, or assignlld. "This indudlls any rights and Interests IlncludlOg all hens) which 1 have by law or
agreement against any account debtor or obligor.
o Inventorv: All inVeMol'l held 101 I.ll\ima\e sale or lease, or which has belln or will be suppl'ied under contracts of serVice, or which are raw
materials, work in process, or materials uSlld or consumlld in my business.
o Equipment: AU eQ,uipment including, but not limited to, machinery, vehicles, tumitule, tixtUfes, m~l.lfactulin\) eql.li.pmellt, farm m~chinelY ~nd
equipMent, shop equipment, office and record keeping equipment, p~rts, and tools. The Property mcludes ~ny equipment described In ~ list or
schedule I give to you, but such a list is not necessary to create a valid security interost in all of my llquipment.
D Instluments and Chlnel Piper: All instruments, including negotiable instruments and promissory notes and any other writings or records that
evidence the right to payment of a monetary obligation, and tangil.Jle Bod electronic chattlll pdper.
o lJener.1 Intengiblls: All genllral intangibles including, but not limited to, tax refunds, patents and applications for patents, copyrights,
tradeMarks, trade secrets, goodwill, trada names, customer lists, permits and franchises, payMent intangibles, computer programs and all
supporting inform~tion provided in connection with a transaction relating to computer programs, and thll right to use mv namll,
o Documents: All documents of title including, but not limited to, bills of lading, dock warrants and receipts, and warehouse rllceipts.
o Ferm Products end Supplies: All farm products including, but not limited \0, all poultry and livestock and their young,_ along wit~ their produce,
products, and repla<::ements; all crops, annual or perennial, and all products of the crops; and all feed, seed, fertilizer, mediCines, and other
supplies used or produced in my farming operations.
o Government Plyments end Programs: All payments, accounts, general intangibllls, and benefits including, but not limited to, payments in kind,
deficiency payments, letters of entitlement, warehouse receipts, storage payments, emergancy assistance and diversion payments, production
flexibility contracts, and t:onservation rllSel'Ve payments I.mdel lWly preexisting, culTent, or future federal or state government program
o Inveslment Property: AU investment property including, but not limited to, Cllrtificated sllcurities, uncertificatlld securities, securltles
entitlements, securities at:counts, commodity contracts, commodity accounts, and financial assets.
o Deposit Accoun1s: All deposit accounts including, but not limited to, demand, time, savings, passbook, and similar accounts
!XI Specific Property Descrip1ion: lhe F'topeftv inc\l.ldes, 00\ is no\ limited by, the following:
1998 INTERNATIONAL OT488 VIN .lHTSOAAMWH510772, 4 CAR CARRIER, DIESEL ENGINE
1 ~~ns l~\,;,- t-i : v~ r\ '5 )
If appliceblll, enter reelllstate description and record owner information:
The Propllrty will be used for a D personal !XI business 0 agricultural 0
Borrower/Owner State of organization/registration tif applicablel
ADDITIONAL TERMS OF THE SECURITY AGREEMENT
GENERAllY. This agreement secures this notll and any other debt I have without notice to me perfQi"m the dIJ\ies 01 cause them \0 be performed,
WIth you, now or la\llr. However, it will not secure other debts if you fail Your right to perform for me shall not create an obligation to perform and
With rllspect to such other debts, to make any required disclosure about your failure to perform will not preclude you from exercising any of your
thiS security agreement or if you f!;li! to giva any required notice of the other rights under the law or this security agreement,
right of resciSSion, If pl'Opertv descJibed in this agreement is located in PURCH_ASE MONEY SECURITY INTEREST - For the sole purpose _ of
another state, this agrllement may also, in some circumstances, be determining the extent of a purchase money security interest all$lng
governed by thll law of the state in which the Propertv is located. under this security agreement: (a) payments on any nonpurchase monllY
NAME AND LOCATION. My name indicated on page 1 is m~ exact legal loan also secuTed by this agreement win not be deemed to apply to the
name. If I_am an mdivlduel, my addrllss i,s my prinCipal re5idence. If I am Purchase Money loan, and (b) payments on the Purchase MonllY loan
not an mdlvldual, my address IS the location of my chief executive offices will be deemed to apply first to the nonpurchase money portion of the
or SOIIl place of business. If I am an entity organized and registered under loan, if any, and than to the_ purchase money obliga\ions in tne order In
state law, myadd~es-:, is locatod in the state ,in which I am,registered, which the items of collateral were acquired or if acquired at the,same
unless otherWise mdlcated on page 2. I will prOVide verification of time, IfI the order selected by you. No security Interest WIt! be termmated
regIstratIOn and location upon YOur requast. j will provide you with at by application of this formula. "Purchase Money loan" means anI( (oan
least 30 days notice pnOf to &tv char.ge m my name, address, or state of the proceeds of which, in whole or in part, afe used to acquire any
organlzatlOO or regIstration. collateral securing the loan and all eXleosions, renewals, consolidat!ons
OWNERSHIP AND DUTIES TOWARD PROPERTY. I represent that I own and refinanCing of such loan.
all of the Property, or to the extent this is a pwchase mone'l sec\lfit~ PAYMENTS BY LENDER. You aTe authorized to pay, on my benalf,
Interest 1, will acqu!re ownership of the Property With the proceeds of the charges I am or may become obligated to pay to preSllrve or protect the
loan. I Will defend)t against any other claim. Your claim to the Property is secured property (such as property insurance premiums!. You may treat
ahead of the claims of any other creditor. I agree to do whatever vou those payments as advances and add them to thllo unpBld pnnclpal under
leql.llTe to plOtect your secuntv Interest and to keep your claim in the the note S8cured by this agreement or you may demand immediate
Property ahead of the c1elms of other creditors. I will not do anything to payment of the amount advanced.
harm your POSitIon. I will not use the Propertv for a purpose that will INSURANCE. I agree to buy insurance on the Property against the risks
vlOlateanV laws Of sl.lbjed the Property to forfeiture O( seizure. and tor the amounts YOIJ _ require and to furnish you continuing proof of
I Will keep books, records and accounts about the Property and my coverage. I WIll have the II1surance company name you as loss payee on
buslIless In general. I Will let you eXamll16 these records at any reasonable any such policy. You may reqUire added se<::uflty If you agrllll that
llmll. I Will prepare any report or accountm'll '10IJ leq\lf:lSt, which deals Insurance proclleds ma.,. be I.lsed to repan or replacll the Property. I will
With the Property. buy insurance from a firm lIcensed to do bUSiness 111 the state where you
I WIll keep thll Propelty in my possession and will keep it in good are 10cated.,The firm Will be reasonably acceptable to you. The insurance
repair and use It only for the purpOSlllsl deSCribed on page 1 of this Will last untt! the, Property is released from thiS agreement, If ll'i'l\\ to buy
~gleement. I wl~1 not change thIS speCified use without your express or maintain the msurance lor fail to name you as loss payee) you may
written permls.slOn. I represent that I am the original ownllr of the purchase It yourself.
Property and, If I am not, that I navll provided you with a list of prior WARRANTlES_ AND REPRESENTATIONS - If this agreement includes
owners of the Propertv: I will not use the Property for a purpose that will accounts, I WIll not settle any account tor less than its full value without
Violate _any laws or subject the Property to forfeiture or seizure. your written pllrmission. I will collect all accounts until you tell me
I Will keep the Property at my address listed on page 1 of this otherwise. I will keep the proceeds from all the accauots and any goods
agreement, unless we agree I may kee.p it eot anomer location. If the which are returned to me Of which I take back in \rust tor you. 1 will not
Property IS_ to be used io another state, I will give you a list of thasll mIx them with any other property of mine. I will deliver them to you at
states, I, will not try to sell the Property unless it is inventory or I receive your request, If you ask me to pay you the full price on any returned
your Wfltten permission to do so. If I sell the Property I will tliwe the Items or, Items retaken by myself, I will do so, You may e)(ltlcise my
p~yment made payable to the ordar of you and me. rights WIth respect to obllgatlOOs of any account debtors, or other
You may demand immediate payment of the debtls) if the debtor is pllrsons obligated ."n .\he Property, to payor perform, and you may
not a_ natural person and without your prior written consent. III a enforce any secumy Interest that secures such obligations. You may
beneflCI!l! (ntelest In the debtor is sold or transferred, or 121 th~re is a exerCIse mv n'l)hts WIth feSpl.lct to obligatIOns of any account debtors, Of
chang6 In either the I.dentlty or number of members of a P'''"",h,.p,', other persons obhgated on the Property, to payor perform, and you may
(3) th h' enforce,anysecuflty mterestthatsecures such obligatIOns.
ere (S a c ange In ownership of more than 25 percent of the voting If thiS agreement covers Inventory, I WIll no' dispose ot it except in my
stock of a corporation. ordlnery cour~e of busl~ess at the fair market value for the Property, or at
1 WIll pav a~1 taxes and charges on the Property as they become dUe. a mInimum pnce established between you and me.
You have the right of ree50neble aCCllSS in order to inspect the Property I If this agreement covers farm products 1_ will provide you. at your
wllllmm~djately inform you of any 105s or damage to the Property. . req\lest, II< wrinen list of the buyers, commISSIon merchants or sellll1g
If 1 fell to perform any of my, duties under this security agreement, or agent"-.o 0[ through whom I may sell my farm products. In addition to
any mortgage, deed of trust, lien or other security interest, you may thosel-pa~ie,~ l'M,l~d on t.his written list, I authorize you to notify at your
sole dlSccetlol'\ an\ adc1ltlOnal partles regardmg your security interest in
purpose,
F~ft.. @)SS4, lSSt B.nk,"," Syat.m., Inc" St, ClOUd, MN .
UNS-LAZ-PA21l312001
lt2.- 11Gvt?'
my farm products. I remain subject to all applicabl
my farm prorlll~ts in violation of my agreement WI_
Securit'/ Act, In this paragraph the terms farm
commission merchants and selling agents have the
them in the FederaJ Food Securitv Act of 1985.
II this agreement covers chattel paper or instruments, either as original
collateH,1 Of ptoceeds 01 the Property, 1 will note your interest on th1;l face
of the chattel paper or instrurnents.
REMEDIES - I will be in default on this s1;Icurity agreement if I am in
delault on any note this agll~,ement secUles Dr if I fail to keep any promise
contained In the terms of thiS agreement. If I default, you have all of the
rights and remedies provided in the note and under the Uniform
Commercial Code. You may reo,uire me to mat.:.e the secufed prnperly
aViiilable to you at a place which is reasonably convenient, You may take
possession of the secured property and sell it as provided by law. The
proceeds will be applied first to your expenses and then to the debt. I
aga:e that '0 days wr"ltten notice sent to my last known address by first
class mail will be reasonable notice under the Uniform Commercial Code.
My current address is on page 1.
PERfECTION Of SECURITY INTEREST. I authorize you to file a finane'mg
statement covering the Property, I wHl comply_ with, facilitate, and
otherWise assist you tn connection WIth obtatnlng possessIOn of or
control over the Property for purposes of perfecting your secU{lty iMefest
under the Uniform Commercial Code.
laltiesforseUing
(ou and the Food
products, buyers,
meaninlJs lJiven to
Any person who signs within this box does so to give you a security
tnterest 1t1 the Prnpefty described on page 2. ihis person does not
promise to pay th(l note. "I" as used in this s1;lcurity agreement will
mclude the borrower and any person who signs within this box.
Date
Signed
ADDITIONAL TERMS OF THE NOTE
DEfiNITIONS: As used on pages 1 and 2. "QI" means the terms that
apply to this loan. "I," "me" or "my" means each Borrower who signs
thiS t10te and each_ other person or legal eMity (including guarantors,
el'ldorseTS, and surettes) who agrees to pay thiS note (together referred to
as "us"). "You" or ~your" means the Lender and its successors and
assIgns.
APPLICABLE LAW . The law of the :state of Pennsylvania will govern this
agreement. Any term of this agreement which is contrary to applicable
law will not be effective, unless the law permits you and me to agree to
such a variation. If any provision of t.l\is. agreefllet\t c3l"\not be enforced
according to its terms, this fact will not affect the enforceability of the
remainder of this agreement. No modification of this agreement may be
made Without your express written consent. Time tS of the essence It1
this. agreement. Any provision that appoints, you as an agent is not
subject to the provIsions of 20 Pa.C.S.A. SectIOn 6601 et seq. IChapter
56; Decedents, Estlltes llnd Fiduciaries Codel. By exercising any of your
riQhts undlll' this note, you do so for your sole benefit.
NAME AND LOCATION - My name indicated on page 1 is my exact legal
name, If lam an IndiVidual, my address IS my principal restdence. If I am
not an IOdlVldual, my address IS the locauon of mv chIef executlVe oUices
or sole place of business. If I am an entity organized and registered under
state law, my_ address IS located in the state in which I am registered,
unless otherWise provided In wrttlng to you. I Will prOVIde veri1icatlon of
registration upon your request. J will provide you with at least 30 days
notlce_ pnor to any chenge In my name, address, or state of organization
orreglstrattOn.
PA.YMENTS - E.ach payment I make on thiS note will first reduce the
amount I owe you for charges which are neither intert!st nor principal.
Th.. remainder,of ellch payment will then reduce accrued unpaid intarest,
and then unpaid prinCipal. If you lYld , agree to eo different application of
payments, we wtll describe our agreement on thIS note. I may prepay a
piirt of, or the enttre balance of thiS loan wtthout penalty, unless we
speCify to the contrary on this note. Any partial prepaym(ffit will r\{lt
excuse or reduce any later scheduled payment until this note is paid in full
(unless, when I make the prepayment, you and 1 agree in writing to the
contrary).
INTEREST - IMerest accrues on the principal remaining unpaid from time
to t.me, untIl paid in full. If I receive the prinCipal in more than one
advance, eaCh_advance will_start to earn interest only when I receive the
advance. The InterBSt rate U\ effect Of'l this note at any given time, will
apply to the enttre prtncipal sum outstanding at that nme.
Notwithstanding anything to the contrary, I do not agree to pay and you
do not lt1tend to _ charge any rate of interest that is h-igtlef thim the
maXimum rate of ,Interest you could charge under applicable law for the
extension of credit that is agreed to in this nota (either before or after
matunty). If any notice of Interest accrual is sent and is in error, we
mutll"ll)' agree to correct it, and if you ectually collect more interest than
allowed by law and this agreement, you agree to refund it to me.
INDEX RATE - T.he index will serve only as a device for setting the
Interest rate on thIS note. '(ou do not \}u;M"<mtee by selecting this index or
the margin, that the interest rate on thiS note will be the same rate ~ou
charge on any other loans or class of Joans you make to me or other
borrowers.
POST MATURITY RATE - For purposes of deciding when the "Post
Maturity Rate" (shown on page 11 applies, the term "maturity" means the
earliest of the followtng:
tal the date 01 the last scheduled payment indicated on page 1 of this
note;
(bl the date you accelerate payment on the note; or
(el after the eMf\' of JUdgment on this note by confllssion or otherwise
and applies, to amounts ollVed under this note Ot1 any such
Judgment until paid In full.
SINGLE ADVANCE LOANS - If this is a. sin'ille advan_ce loan, you and I
expect that you Will make only one advanCe of principal. However, you
n1ayadd other amounts to the principal if you make any peyments
desCJIbed tn the "PAYMENTS BY lENDER" paragraph on page 2.
MULTIPLE ADVANCE LOAN ~ this is a multiple advance Joan. you and
I expect that you WIll makll 1 than one advance of prinCipaL If thIS IS
dosed ef\d credIt, repaymg a palt of the pnnclpal WIll not entitle me to
additional credit.
ADVANCE PROCEDURE AND MEANS - You will advance the loan
proceeds by way of check, cash. wire transfer, credit to an account Of
any combination as You and I agr81;1. The advance(s) Will occur upon
cOnsummation of the loan and as You and I agree, except that no
advance Is) will occur until after three business days from the date of
consummation \f the loan is rescindable pursuant to Regulation Z (12
C.F.R. ~ 226).
SET.OFF - I agree that you may set off any amount due and payable
under thts note agait1st any right I have tn recewe mone'f from )'OU
"Right to receive money from you" means:
11)any depostt account balance I have WIth you; .
(21 any money owed to me on an ttem presented to you or m your
possession tor collection or exchange; and
(31 any repurchase agreement or other nondeposit obligatton.
"Any amount due at1d payable under thIS note" means the total
amount of which you 8\"8 efltltled to _demand payment under the terms of
this note althe time you set off. Thts total Includes any balance the due
date for which you properly accelerate under thiS note.
U my right to receive money from 'louis also owned by someone who
has not _agreed to pa.y this note, your right of set-off Will apply to my
Interest In tht! obligatJon and to any other amounts I could Withdraw on
my sole request or endorsement. Your right of set-off does not apply to
3I'l account or othet obligation wnerll my rights ,are only, as a
representatwe. It also does not apply to any IndiVidual Retirement
Account or other tax-deferred retirement account.
You will not be liable for the dishnnor af any check wtlen the dishonor
occurs because you set off this debt against any of my accounts. I agree
to hold you harmless from any such claims arising as a result of your
OE~A~rTf.~o~~~i~~ti~od~~~~I~f'if anyone or more 01 the following OCCUf:
(1) J fail to make a payment on time or in the amount due; (2) I fall to
keep_the Property Insured, If reqUired; (31 I tall to pay, or keep any
promtse, on any debt or agreement I have WIth yau; (4\ allY other creditor
of mine attempts to collect any debt I owe hIm through court
proceedings; (5)1 die, am declared Incompetent, make an assignment for
the benefit of creditors, or become msolvent (eether because my liabilities
exceed my assets or 1 am unablt! to pay_ my debts as _Ihe,y become due);
(611 make any written statement orprovtde any finanCial mformatl,on that
.s untrue or rnaccurate at the time tt was prOVided; 011 do or fall to do
something which r:auses you to believe you will have difficult)' collecting
the amount I owe you; (81 _any collateral securtng this note IS used tn a
manner or for a purpose which threatens confiscation by a legal authOrity;
19) I change my name, or assume an additional name wltnout first
natnyrng you before makmg such a change; (101 I fall to plant, cultIVate
and harvest crops in due season if r am a producer of crops; (111 any
10at1 proceeds are used for a purpose that will contribute to excessive
erosion of highly erodible land or ta the con....erslon of wetlands to
produce an agricultural commodtty. as further explained tn 7 C.F.R. Part
1940, Subpart G, Exhibit M.
REMEDIES. If I am in default on this note you have, but are not hmited
to, the following remedies:
(1) You may demand immediate payment of all I owe you under this
note (pnnclpal, accrued unpaid Interest and other accrued unpaId
ch<Hgesl.
l2) You may set off this debt against any right I have to the payment
of money from you, subject to the terms of the "SET.OFf"
paragraph herein.
(3) You may demand security, additional security, or edditional parties
to be obllgatecl to pay thts note as a condttlon for not uSing any
other remedy.
i4\ Ynu mey re1use to make advances to me or allow purcl1ases on
credit by me,
(51 You may US1;l any remedy you have under state or federal law,
(61 You may make use of any remedy given to you in any agteemer.t
securing this note.
By selecting anyone or more of these remedies you do not give up
your right to use later any other remedy. By waiving your right to declare
an event to be a default. you do not waive your right to consider later the
event a default if it continues or happens again
COLLECTION COSTS AND ATTORNEY'S FEES - I agrlle to pay all costs
of collllction, replevin or any othe!" m simil8\" type of cost i1 I am m
default. In addition, if you hire an attorney to collect this note, I also
agree to pay any fce you incur with such attorney plus court costs
(except where prohibited by lawl. To the extent permitted by the United
States Bankruptcy Code, I also agree to pay the reasonable attorney's
fees and costs you Incur to collect this debt as awarded by any court
IIxercising jurisdiction ut1der the Bankruptcy Code.
WAIVER - I give up mv t~ghts (to the elltel"lt permitted by law) to reqUire
you to do certatn things. 1 WIll not require you to;
(1) demand payment of amounts dUll (presentment);
(21 obtain officiaJ certification of nonpayment (protest); or
13) gtve notice that amounts due have not been paid Inotice of
dishonor).
I waive any defanses I havII based on suretyship or impairment of
collateraL
OBLIGATIONS INDEPENDENT - I understand that r must pay this note
even If someone elstl has also agreed to pay tt lby, for example, slgnmg
thts form or a separate guarantetl or endorsementl. You may sue me
alone, or anyone elS(l who is obligated on this note, _or any number of us
together, to collect thts note. You may without notice release any party
to this agreement without releas,ing any other party. If you give up any of
YO~lf fights, WIth Of Without notIce, It Will not affect my duty to pay thiS
note. Any extensiot1 of new credit to any of us, or renewal of thts note by
all or less than all of us will not release me from my duty to pay it. (Of
course, you are entitled to only one payment in full.\ I agtee that you may
at your option extend this note or the. debt reprllsented by_ this note,. or
any portIOn of the note or debt, from tllne to time Without limIt or nottce
and for anyttlfm without affecting my iiapillty tor payment of the note. 1
Will not assIgn m\, obligatIon under thIS agreement Without your prior
written approval.
fiNANCIAL INFORMATION - I agree to provide you. upon request. anv
ftnancial statement or Information you may deem neceSS8\")'_ \ Waifa"t
that the financial statements and information I provide to you are or will
be accurate, correct and complete.
SIGNATURES: I AGREE TO THE tERMS OF THIS AGREEMENT \INClUDlNG THOSE ON PAGES 1 AND 21. I have reCllived a copy on today's date
IllENNIU E OV RY INC ~ 0 4
..,l/~/
Y V. SULLENBERGER
SIGNA TURf FOR LENDER:
~~ ,;11984, 1991 B.nk_.. Sv_tom., Ine , St_ Cloud, M~ Fo,'" UNS-lAZ P;" 2!1312oo1 NELSON E Cl\RR, VICE PRESIDttH
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Plaintiff
: IN THE COURT OF COMMON PLEAS
: OF CUMBERLAND COUNTY, PENNSYLVANIA
9fj)~.- ftJ-9 C;v~ I
: NO.
MID PENN BANK,
v,
MILLENNIUM RECOVERY, INC.,
and JOEY V. SULLENBERGER,
alkJa JOSEPH V. SULLENBERGER,:
Defendants
NOTICE OF ENTRY OF JUDGMENT
TO: Millennium Recovery, Inc.
481 Sample Bridge Road
Enola, P A 17025
Joey V. Sullenberger
alkJa Joseph V. Sullenberger
481 Sample Bridge Road
Enola, P A 17025
YOU ARE HEREBY NOTIFIED that on the following
Judgment has been entered against you in the above-captioned case in the sum of$29,031.79
plus continuing interest from February 15, 2006, at the rate of $6,17 per diem, continuing late
charges, continuing costs, and continuing attorneys fees,
(!~~
Prou(ooo'''Y ~1-- J
I hereby certity that the name and address of the proper person to receive this notice under
Pa,R.C,P, 236 is:
Date:
Millennium Recovery, Inc.
481 Sample Bridge Road
Eno1a, P A 17025
Joey V. Sullenberger
alkJa Joseph V. Sullenberger
481 Sample Bridge Road
Eno1a, P A 17025
.
.
Por este medio se Ie esta notificando que el de del 2006, el/la siguiente
Fallo he sido anotado en contra suya en el caso mencionado en el epigrafe.
FECHA:
Protonotario
Certifico que 1a siguiente direccion es la del defendido/a segun indicada en el certificado
de residencia:
Millennium Recovery, Inc.
481 Sample Bridge Road
Enola, P A 17025
Joey V. Sullenberger
alkla Joseph V. Sullenberger
481 Sample Bridge Road
Eno1a, PA 17025
MID PENN BANK,
Plaintiff
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYL VANIA
v,
NO. 06-1129
MILLENNIUM RECOVERY, INC"
and JOEY V, SULLENBERGER,
aIkIa JOSEPH V. SULLENBERGER,
Defendants
AFFIDAVIT OF SERVICE OF
NOTICE UNDER RULE 2958.1 OF JUDGMENT IN EXECUTION THEREON
NOTICE OF DEFENDANT'S RIGHTS TO MILLENNIUM RECOVERY, INC., AND
JOEY V. SULLENBERGER a/k/a JOSEPH V. SULLENBERGER
I, Elisabeth Benecke, hereby atlirm the following:
1. 1 am an adult over the age of eighteen (18), and I am not a party to the action nor an
employee of a party to the action.
2. On March 8, 2006, at approximately 2:34 p.m., I served the Notice Under Rule 2958,1
of Judgment and Execution Thereon Notice of Defendants' Rights to Millennium Recovery, by
handing a copy of the same to an indivitlual, of the approximate height of six feet, an
approximate age of38-45 years, with short curly brown hair, and who, when asked if this was the
Sullenberger residence, answered, "Yes,", at the residence on Sample Bridge Road, Enola,
Cumberland County, Pennsylvania 17025.
,
C( O,L\(l~d-llbi.N'ULQ...)
Elisabeth Benecke
Sworn to before me
t~arch'2006
( , If ,.a.fi~
Notary Public
COMMONWEALTH OF PENNSYLVANIA
Notarial Seal
Linda B. Oeaven, Notary Public
City Of Hanisbury, Dauphin County
M}I Commission Exp;res Fab. 25, 2010
Member, Pennsylvania AssociatIon of Notaries
MID PENN BANK,
Plaintiff
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
v.
NO, 06-1129
MILLENNIUM RECOVERY, INC.,
and JOEY V. SULLENBERGER,
aJk/a JOSEPH V. SULLENBERGER,
Defendants
AFFIDAVIT OF SERVICE OF
NOTICE UNDER RULE 2958.1 OF JUDGMENT IN EXECUTION THEREON
NOTICE OF DEFENDANT'S RIGHTS TO MILLENNIUM RECOVERY, INC., AND
JOEY V. SULLENBERGER a/k1a JOSEPH V. SULLENBERGER
I, Elisabeth Benecke, hereby affirm the following:
I. I am an adult over the age of eighteen (18), and 1 am not a party to the action nor an
employee of a party to the action,
2. On March 8, 2006, at approximately 2:34 p,m., 1 served the Notice Under Rule 2958.1
of Judgment and Execution Thereon Notice of Defendants' Rights to Joey V. Sullenberger, by
handing a copy of the same to an individual, of the approximate height of six feet, an
approximate age of38-45 years, with short curly brown hair, and who, when asked if this was the
Sullenberger residence, answered, "Yes.", at the residence on Sample Bridge Road, Eno1a,
Cumberland County, Pennsylvania 17025.
9 1~()bLtk b~
:Y
ElIsabeth Benecke
Sworn to before me
this 8'h day of March, 2006
~~g#ao~
Notary Public
COMMONWEALTH OF PENNSYLVANIA
Notarial Seal
Uncia B. Deaven, Notary Public
City 01 Harrisburg, Dauphin County
My Commission Exp;res Fob. 25, 2010
Member, Pennsylvania Association of Notaries
._l,
c',
,.)