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Home My WebLink About06-3994IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SOVEREIGN BANK CIVIL ACTION Plaintiff No. 3O`7 ' e(0 ?L VS. KNIGHTS OF COLUMBUS COUNCIL NO. 4069 HOME ASSOCIATION Defendant Confession of Judgment CONFESSION OF JUDGMENT Pursuant to the authority contained in the Wan-ant of Attorney, a copy of which is attached hereto, I appear for the above Defendant and confess judgment in favor of the Plaintiff, Sovereign Bank, and against the Defendant, Knights of Columbus Council No. 4068 Home Association, in the amount of $531,352.98 plus per diem interest of $117.95253 from June 17, 2006 until paid in full (including interest post judgment per contract) as follows plus costs of suit, itemized below: TOTAL Unpaid Principal Amount S 466,032.92 Interest to June 16, 2006 $ 16,126.44 Late Fees $ 977.68 Contractual Attorney Fees 10%) $ 48,215.94 TOTAL $ 531,352.98 Per diem interest from June 17, 2006 until paid in full including post judgment per contract, plus costs of suit $ 117.95253 Judgment entered as above. Dated: I G By: L- - A . Goodman Attorney for Defendant 20-536-ARO 2 Aldwyn Lane Villanova PA 19085 Phone: 610-526-6313 I.D. No. 62689 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SOVEREIGN BANK CIVIL ACTION Plaintiff n No. (21; i> VS. KNIGHTS OF COLUMBUS COUNCIL NO. 4068 HOME ASSOCIATION Defendant Confession of Judgment COMPLAINT FOR CONFESSION OF JUDGMENT Plaintiff, Sovereign Bank, confesses judgment against Defendant Knights of Columbus Council No. 4068 Home Association, a Pennsylvania non-profit corporation, in the amount of $531,352.98 plus per diem interest of $117.95253 from June 17, 2006 until paid in full (including interest post judgment per contract) plus costs of suit as provided for in those certain notes, and in support thereof avers as follows: The Plaintiff is Sovereign Bank, successor-in-interest to Waypoint Bank, a corporation organized and existing under the laws of the United States of America, and it is registered to do business in Pennsylvania, with offices for the purpose of doing business at Two Aldwyn Center, East Lancaster Avenue and Aldwyn Lane, Villanova PA 19085-0608. 2. The Defendant is Knights of Columbus Council No. 4068 Home Association, a Pennsylvania non-profit corporation whose principal address is 2317 Old Gettysburg Pike, Camp Hill PA 17011 (the "Defendant'). On or about January 6, 2003 the Defendant executed and delivered to Waypoint Bank a Promissory Note in the principal amount of $465,000.00 (the "Term Note"). A true and correct of copy of the Term Note is attached hereto, incorporated herein and marked as Exhibit "A". 4. On or about January 6, 2003 the Defendant executed and delivered to Waypoint Bank a Promissory Note in the principal amount of $50,000.00 (the "Demand Note"). A true and correct of copy of the Demand Note is attached hereto, incorporated herein and marked as Exhibit "B". 5. Sovereign Bank, as successor in interest to Waypoint Bank is the holder of the Term Note and the Demand Note (collectively, the "Instruments"). 6. The Instruments have not been assigned other than to Sovereign Bank as successor in interest to Waypoint Bank. That the judgment to be entered does not involve a loan defined as a "consumer credit transaction" in accordance with Annex A. to Title 231, Chapter 2950, Rule 2951(a)(2). 8. That judgment has not been entered on the Instruments in any jurisdiction. 9. The Instruments are less than twenty years old and no application for a court order granting leave to enter judgment after notice is required. 10. The Instruments provide for confession of judgment against the Defendant after default under the Instruments. 11. Sovereign Bank has exercised its right to confess judgment pursuant to the terms of the instruments for an amount which the Defendant may become liable. 12. Defendant is in default under the terms of the Note. 13. On or about May 5, 2006, Sovereign Bank sent written notice to the Defendant via first class mail and overnight delivery notifying it of the default. A true and correct of copy of the written notice is attached hereto, incorporated herein and marked as Exhibit "D". 14. As a consequence of the Defendant's failure to cure the default, the Defendant is liable to Sovereign Bank for $531,352.98, plus per diem interest of $117.95253 until paid in full (including interest post judgment per contract) as of June 17, 2006, plus costs of suit, itemized as follows: 2 Aldwyn Lane Villanova PA 19085 Term Note Demand Note TOTAL Unpaid Principal Amount $ 420,032.92 46,000.00 $ 466,032.92 Interest to June 16, 2006 $ 14,262.70 1,863.74 $ 16,126.44 Late Fees $ 897.54 80.14 $ 977.68 Contractual Attorney Fees 10% $ 43,429.56 $ 4,786.37 $ 48,215.94 TOTAL $ 478,622.72 $ 52,730.25 $ 531,352.98 Per diem interest from June 17, 2006 until paid in full including post judgment per contract, plus costs of suit $ 103.25809 $ 14.69444 $ 117.95253 WHEREFORE, Plaintiff, Sovereign Bank, demands judgment against the Defendant Knights of Columbus Council No. 4068 Home Association in the total sum of $531,352.98 plus per diem interest of $117.95253 from June 17, 2006 until paid in full (including interest post judgment per contract) as authorized by the Warrant appearing in the Instruments plus costs of suit. Dated: June 16.2006 By. e an A ttorney for Plaintiff 0-536-ARO Phone: 610-526-6313 I.D. No. 62689 VERIFICATION I verify that the statements made in the foregoing Complaint are true and correct to the best of my knowledge, information, and belief. I further verify that I am a Vice President of SOVEREIGN BANK, and that as such, I am authorized to make this Verification on its behalf. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unswom falsification to authorities. DATED: 1 a Thomas J. Vice President E?IIBIIL A PROMISSORY NOTE Borrower: Knights of Columbus Council No. 4068 Home Lender: Waypoint Balk Association 235 !oral Second Street 2317 Old Gettysburg Pike P.O. Box 1711 Camp MO, PA 17011 Harrisburg, PA 17105 Principal Amount: $465,000.00 Date of Note: January 6, 2003 PROMISE TO PAY. Knights of Columbus Council No. Matt Home Association ("Borrower") promises to pay to waypolM Be* ("Lender"), or order, in lawful money of the united Stetes of America, the principal amount of Four Hundred Sbrty-ate Thousand a 00/1o0 Dollars ($466,000.00), together with Interest at the rate of 6.550% per annum on the unpaid principal balance from January 6, 2oo3, until paid in full. PAYMENT. Borrower will pay this loan In 119 regular payments or $3,669.64 each and one Irregular last payment estimated al $312AW.64. Bonrowees first payment is due February 1, 2003, and all subsequent payments are due on the awns day of each small after anal. Borrower's final psymad will be due on January 1, 2013, and will be for all principal and all accred Interest not yet paid. Payments Include principal and Interest. Unless otherwise agreed or required by applicable law, payments will be applied fad to accrued unpaid interest, then to principal, and srry remaining amount to any unpaid collection costs and late charges. The annual Interest vale for this Note Is computed an a 3661380 bads; Md Is, by applying the raft of the annual Interest rate over a year of 390 days, multiplied by the outstanding principal balance, multiplied by the actual number of days the principal balance Is outstanding. Borrower will pay Linder at Lender's address shown above or at such other piece as Lender may dedgnate In writing. PREPAYMENT PENALTY. Borrower agrees that all loan fees and other prepaid finance charges are earned fully as of the date of the loan and will not be subject to refund upon early payment (whether voluntary or as a result of defau0), exospt as otherwise required by law. Upon prepayment of this Note, Lender Is arnaied to the following prepayment penally: During the Fbed Rao term, Borrower may prepay the principal balance, In whole Is lpaid, ? addition not less Man thirly to the Interest accrruued days' the e date of any such prepayment, a prepayment pendly. The penalty will, laprovided there te using the written notice to Lender of Borrowers Intention to make such following factors: (a) The amount of principal Mat is being prepaid before the expiration date of the fixed rate period ("Flood Rate lbondlom"); (b) Change In Interest rates since the loan was mark - Le. the difference In the cost of funds yield between the date the ban was made (wing original cost of funds yield based on original fixed rale term) and the den of prepayment (using current cost of funds ykld based on the remaining Poled rate term at the time of prepayment); and (c) Time remaining unlit the Fixed Rah Expiration -tie time, in years and montia, between are date of the prepayment and are dark of Me Fixed Rate 0"Ition. If the calculation of are prepayment penalty results In a negative amount, then no prepaymaw penalty Will be assessed. Lender's determination of the amount of any prepayment will be conclusive and biding absent malleal error. A prepayment ice will not be charged on any amount per to 20% of the original principal amount) prepaid within any ban year from internally generated funds. The term "ban year Is defined as any period of one year commencing on the closing date or any anniversary date aarca ter. Except for the foregoing, Borrower may pay all or a portion of the amount owed earlier than It Is due. Early payments will not, unless agreed to by Lender in wrifing, re8ove Borrower of Borrowers obligation to continue to make payments under the payment schedule. Rather, early payments will reduce the principal balance due and may result in Borrowers making fewer payments. Borrower agrees not to send Lender payments marked "paid in fuir, "without recourse", or similar language. If Borrower sends such a payment, Lender may accept It without losing any of Lender's rights under this Note, and Borrower will remain obligated to pay any further amount owed: to Lender. All written communications concerning disputed amounts, including any check or other payment instrument that indicates that the payment constitutes "payment in full" of the amount owed or that is tendered with other conditions or Bmitations or as full satisfaction of a disputed amount must be mailed or delivered to: Waypoint Bank, 235 North Second Sheet, P.O. Box 1711, Harrisburg, PA 17105. LATE CHARGE. If a payment is 15 days or more late, Borrower will be charged 6.000%.of the rapidly sc effuled payment or $10.00, whichever Is Waster. INTEREST AFTER DEFAULT. Upon default, Including failure to pay upon final maturity, Lender, at its option, may, if permitted under applicable law, incressll the interest rate on this Note 2.000 percentage points. The interest rate will riot extend the maximum rate permitted by applicable law. If judgment Is entered in connection with this Note, interest will continue to accrue on this Note after judgment at the exdsting interest rate provided for in this Note. DEFAULT. Each of the following shall constitute an event of default ('Event of Default') under this Note: Payment Defauft. Borrower fails to make any payment when due under this Note. Other Defaults. Borrower fails to comply with or to perform any other tern, obligation, covenant or condition contained in this Note or in any of the related documents or to comply with or to perform any term, obligation, covenant or condition contained in any other agreement between Lender and Borrower. Defsua in Favor of Third Parties. Borrower or any Grantor delaults under any loan, extension of credit, security agreement, purchase or sales agreement, or any other agreement, in favor of any other creditor or person that may materially affect any of Borower's property or Borrowers ability to repay this Note or perform Borrower's obligations under this Note or any of the related documents. False Statements. Any warranty, representation or statement made or furnished to Lender by Borrower or on Borrowers behalf under this Note or the related documents is false or misleading in any material respect, either now or at the time made or fumished or becomes false or misleading at any time thereafter. Insolvency. The dissolution or termination of Borrowers existence as a going business, the Insolvency of Borrower, the appointment of a receiver for any part of Borrowers property, any assignment for the bandit of creditors, any type of creditor workout, or the commencement of any proceeding under any bankruptcy or insolvency laws by or against Borrower. Creditor or Forfeiture Proceedings. Commencement of foreclosure or forfeiture proceedings, whether by judicial proceeding, self-help, repossession or any other method, by any creditor of Borrower or by any governmental agency against any collateral securing,the loan. This includes a garnishment of any of Borrowers accounts, including deposit accounts, with Lender. However, this Event of Default shall not apply if there is a good faith dispute by Borrower as to the validity or reasonableness of the claim which is the basis of the creditor or forfeiture proceeding and If Borrower gives Lender written notice of the creditor or forfeiture proceeding and deposits with Lender monies or a surety bond for the creditor or forfeiture proceeding, in an amount determined by Lender, in Its sole discretion, as being an adequate reserve or bond for the dispute. Events Affecting Guarantor. Any of the preceding events occurs with respect to any guarantor, endorser, surety, or accommodation party of any of the indebtedness or any guarantor, endorser, surety, or accommodation party dies or becomes incompetent, or revokes or disputes the validity of, or liability under, any guaranty of the indebtedness evidenced by this Note. In the event of a death, Lender, at lts option, may, but shall not be required to, permit the guarantors estate to assume unconditionally the obligations arising under the guaranty In a manner satisfactory to Lender, and, in doing so, cure any Event of Default. Change In Ownership. Any change in ownership of twenty-five percent (25%) or more of the common stock of Borrower. PROMISSORY NOTE Loan No: 8873003454 (Continued) Page 2 Adverse Change. A material adverse change occurs in Borrower's financial condition, or Lender believes the prospect of payment or performance of thisiJateds+mpeired. Cure Provlalons. It any default, other than a default in payment is curable and if Borrower has not been given a notice of a breach of the same provision of this Note within the preceding twelve (12) months, It may be cured (and no event of default will have occurred) If Borrower, after receiving written notice from Lender demanding cure of such default: (1) cures the default within fifteen (15) days; or (2) If the cure requires more than fifteen (15) days, Immediately initiates steps which Lender deems in Lender's sole discretion to be sufficient to cure the default and thereafter confinues and completes all reasonable and necessary steps sufficient to produce compliance as soon as reasonably practical. LENDER'S RIGHTS. Upon default, Lender may, after giving such notices as required by applic" law, declare the entire unpaid principal balance on this Note and all accrued unpaid interest Immediately due, and then Borrower will pay that amount. ATTORNEYS' FEES; EXPENSES. Lender may hire or pay someone else to. help collect this Note If Borrower does not pay. Borrower will pay Lender that amount. This includes, subject to any limits under applicable law, Lender's atlomeys' fees and Lender's legal expenses, whether or not there Is a lawsuit, Including attorneys' fees, expenses for bankruptcy proceedings (including efforts to modify or vacate any automatic stay or Injunction), and appeals. It not prohibited by applicable law, Borrower also will pay any court costs, In addition to all other sums provided by law. JURY WAIVER. Lender and Borrower hereby waive the right to any jury trial in any action, proceeding, or counterclaim brought by either Lender or Sommer against the other. GOVERNING LAW. This Note wilt be governed by, construed and enforced In accordance with federal low and the hews of the CommonnwoM of Pennsylvania. This Note has been accepted by Lender in the Commonwealth of Pennsylvania. CHOICE OF VENUE. If there Is a lawsuit, Borrower agrees upon Lender's request to submit to the jurisdiction of the courts of Dauphin County, Commonwealth of Pennsylvania. RIGHT OF SETOFF. To the extent permitted by applicable law, Lender reserves a right of setoff in all Borrower's accounts with Lender (whether checking, savings, or some other account). This includes all accounts Borrower holds jointly with someone else and all accounts Borrower may open In the future. However, this does not Include any IRA or Keogh accounts, or any trust accounts for which setoff would be prohibited by law. Borrower authorizes Lender, to the extent permitted by applicable law, to charge or setoff all sums owing on the Indebtedness against any and all such accounts. SECURITY. All collateral (as herein defined) is security for this Note and any renewals, extensions and modifications thereof, and the payment, performance and discharge of all other present or future indebtedness, obligations and undertakings (whether individual, joint, several, direct, contingent or otherwise) W the Borrower to or for the benefit of Lender, whether arising directly to Lender under this Note or under any other agreement, promissory note or undertakings now existing or hereinafter entered into by the Borrower to the Lender. The term "Collateral" includes all tangible and intangible property 0) described in any mortgage, assignment or other security document separately executed In favor of Lender, and (ti) in which a security interest has been granted to Lender pursuant to this Note. CROSS-COLLATERALIM/CROSS4)EFAULT. The Note will be cross-collateralized/cross-defaulted with all other loans from Borrower, or any of Borrower's related entities, to Waypoint Bank. If at any time there is a default under this Note, all loans will be considered in default and all outstanding amounts under the loans will be Immediately due and payable in full. A default in one ban shall constitute a default in all others. DISCLOSURE TO BORROWER FOR CONFESSION OF JUDGMENT. An exhibit, titled 'Disclosure for Confession of Judgment," Is attached to this Note and by this reference is made a part of this Note just as 0 all the provisions, terms and conditions of the Exhibit had been fury set forth In this Note. SUCCESSOR INTERESTS. The terms of this Note shall be binding upon Borrower, and upon Borrowers heirs, personal representatives, successors and assigns, and shall inure to the benefit of Lender and Its successors and assigns. GENERAL PROVISIONS. Lender may delay or forgo enforcing any of its rights or remedies under this Note without losing them. Borrower and any other person who signs, guarantees or endorses this Note, to the extent allowed by law, waive presentment, demand for payment, and notice of dishonor. Upon any change in the terms of this Note, and unless otherwise expressly stated in writing, no party who signs this Note, whether as maker, guarantor, accommodation maker or endorser, shall be released from liability. All such parties agree that Lender may renew or extend (repeatedly and for any length of time) this loan or release any party or guarantor or collateral; or impair, fail to realize upon or perfect Lender's security Interest in the collateral; and take any other action deemed necessary by Lender without the consent of or notice to anyone. All such parties also agree that Lender may modify this loan without the consent of or notice to anyone other than the party with whom the modification Is made. The obligations under this Note are joint and several. If any portion of this Note Is for any reason determined to be unenforceable, it will not affect the enforceability of any other provisions of this Note. CONFESSION OF JUDGMENT. BORROWER HEREBY IRREVOCABLY AUTHORIZES AND EMPOWERS ANY ATTORNEY OR THE PROTHONOTARY OR CLERK OF ANY COURT IN THE COMMONWEALTH OF PENNSYLVANIA, OR ELSEWHERE, TO APPEAR AT ANY TIME FOR BORROWER AFTER A DEFAULT UNDER THIS NOTE AND WITH OR WITHOUT COMPLAINT FILED, CONFESS OR ENTER JUDGMENT AGAINST BORROWER FOR THE ENTIRE.. PRINCIPAL BALANCE OF THIS NOTE AND ALL ACCRUED INTEREST, LATE CHARGES AND ANY AND ALL AMOUNTS EXPENDED OR ADVANCED BY LENDER RELATING TO ANY COLLATERAL SECURING THIS NOTE, TOGETHER WITH COSTS OF SUIT, AND AN ATTORNEY'S COMMISSION OF TEN PERCENT (10%) OF THE UNPAID PRINCIPAL BALANCE AND ACCRUED INTEREST FOR COLLECTION, BUT IN ANY EVENT NOT LESS THAN FIVE HUNDRED DOLLARS ($500) ON WHICH JUDGMENT OR JUDGMENTS ONE OR MORE EXECUTIONS MAY ISSUE IMMEDIATELY; AND FOR SO DOING, THIS NOTE OR A COPY OF THIS NOTE VERIFIED BY AFFIDAVIT SHALL BE SUFFICIENT WARRANT. THE AUTHORITY GRANTED IN THIS NOTE TO CONFESS JUDGMENT AGAINST BORROWER SHALL NOT BE EXHAUSTED BY ANY EXERCISE OF THAT AUTHORITY, BUT SHALL CONTINUE FROM TIME TO TIME AND AT ALL TIMES UNTIL PAYMENT IN FULL OF ALL AMOUNTS DUE UNDER THIS NOTE. BORROWER HEREBY WAIVES ANY RIGHT BORROWER MAY HAVE TO NOTICE OR TO A HEARING IN CONNECTION WITH ANY SUCH CONFESSION OF JUDGMENT AND STATES THAT EITHER A REPRESENTATIVE OF LENDER SPECIFICALLY CALLED THIS CONFESSION OF JUDGMENT PROVISION TO BORROWER'S ATTENTION OR BORROWER HAS BEEN REPRESENTED BY INDEPENDENT LEGAL COUNSEL. Loan No: 8873003454 PROMISSORY NOTE (Continued) Page 3 PRIOR TO SIGNING THIS NOTE, BORROWER READ AND UNDERSTOOD HE PROVISIONS OF THIS NOTE. BORROWER AGREES TO THE TEAMS OF THE NOTE. BORROWER ACKNOWLEDGES RECEIPT OF A COMPLETED COPY OF THIS PROMISSORY NOTE. THIS NOTE IS GIVEN UNDER SEAL AND IT IS INTENDED THAT THIS NOTE IS AND SHALL CONSTITUTE AND HAVE THE EFFECT OF A SEALED INSTRUMENT ACCORDING TO LAW. BORROWER: KNIGHTS OF CIL NO 4089 HOME ASSOCIATION BY iiiseel) L. Everett. CEO of Knlghta Of Coumbus Council No. 4088 Home AseocktFW LENDER: WAYPOINT BANK BY ??????? ISed) Dale L....BrumMch, Tre=UrW of Knights of Columbus Council No. 4088 Home Association DISCLOSUP- FOR CONFESSION OF JU["MENT BOITOWer: Knights of Columbus Council No. 4058 Home Lender: Waypoint Bank Agsocilirypn 235 North Second Street 2317 Did Gettysburg Pike P.O. Box 1711 Camp Hill, PA 17011 -- Harrisburg, PA 17105 This DISCLOSURE FOR CONFESSION OF JUDGMENT Is attached to and by this reference Is made a part of the Promissory Note, dated January 6, 2003, and executed In connection with a IoM or other financial accommodations between WAYPOINT BAN( and Knights of Columbus Council No. 4068 Home Association. ON THE DATE HEREOF, BORROWER IS EXECUTING A PROMISSORY NOTE OBLIGATING THE BORROWER TO REPAY THAT AMOUNT. A. 1 UNDERSTAND THAT THE NOTE CONTAINS A CONFESSION OF JUDGMENT PROVISION THAT WOULD PERMIT LENDER TO EATER JUDGMENT AGAINST THE BORROWER IN COURT, AFTER A DEFAULT ON THE NOTE, WITHOUT ADVANCE NOTICE TO THE BORROWED AND WITHOUT OFFERING THE BORROWER AN OPPORTUNITY TO DEFEND AGAINST THE ENTRY OF JUDGMENT. IN EXECUTING THE NOTE, BEING FULLY AWARE OF THE BORROWERS RIGHTS TO ADVANCE NOTICE AND TO A HEARING TO CONTEST THE VALIDITY OF ANY JUDGMENT OR OTHER CLAIMS THAT LENDER MAY ASSERT AGAINST THE BORROWER UNDER THE NOTE, 1, ON BEHALF OF THE BORROWER, AM KNOWINGLY, INTELLIGENTLY, AND VOLUNTARILY WAIVING THESE RIGHTS, INCLUDING ANY RIGHT TO ADVANCE NOTICE OF THE ENTRY OF JUDGMENT, AND I EXPRESSLY AGREE AND CONSENT TO LENDERS ENTERING JUDGMENT AGAINST THE BORROW ER?SION AS PROVIDED FOR IN THE CONFESSION OF JUDGMENT PROVISION. INITIALS: B. I FURTHER UNDERSTAND THAT IN ADDITION TO GIVING LENDER THE RIGHT TO ENTER JUDGMENT AGAINST THE BORROWER WITHOUT ADVANCE NOTICE OR A HEARING, THE CONFESSION OF JUDGMENT PROVISION IN THE NOTE ALSO CONTAINS LANGUAGE THAT WOOD PERMIT LENDER, AFTER ENTRY OF JUDGMENT, TO EXECUTE ON THE JUDGMENT BY FORECLOSING UPON, ATTACHING, LEVYING ON, TAKING POSSESSION OF OR OTHER WISE SEIZING THE BORROWERS PROPERTY, IN FULL OR PARTIAL PAYMENT OF THE JUDGMENT. HOWEVER, LENDER MUST PROVIDE NOTICE TO THE BORROWER UNDER APPLICABLE LAW IN EXECUTING ANY CONFESSED JUDGMENT. IN EXECUTING THE NOTE, BEING FULLY AWARE OF MY RIGHTS TO ADVANCE NOTICE AND A HEARING AFTER JUDGMENT IS ELATE 11ED AND BEFORE EXECUTION ON THE JUDGMENT, I AM KNOWINGLY, INTELLIGENTLY AND VOLUNTARILY WAIVING THESE RIGHrTS, AND I EXPRESSLY AGREE AND CONSENT 70 LEN S EXECUTING ON THE JUDGMENT, IN ANY MANNER PERMITTED BY APPLICABLE STATE AND FEDERAL LAW. INITIALS: C. AFTER HAVING READ AND DETERMINED WHICH OF THEFOLLOWING STATEMENTS ARE APPLICABLE, AND BY PLACING MY INITIALS NEXT TO EACH STATEMENT WHICH APPLIES, I REPRESENT THAT: INITIALS . I WAS REPRESENTED BY MY OWN INDEPENDENT LEGAL COUNSEL IN CONNECTION WITH THE NOTE. Al 2. A REPRESENTATIVE OF LENDER SPECIFICALLY CALLED THE CONFESSION OF AMMENT PROVISION IN THE NOTE TO MY ATTENTION. D. 1 CERTIFY THAT THE BORROWERS ANNUAL INCOME EXCEEDS $10,000.00; THAT THE BLANKS IN THIS DISCLOSURE WERE FILLED IN WHEN I INITIALED AND SIGNED IT; AND THAT I RECEIVED A COPY AT THE TIME OF SIGNING. THIS DISCLOSURE HAS BEEN SIGNED AND SEALED BY THE UNDERSIGNED. THIS DISCLOSURE FOR CONFESSION OF JUDGMENT IS EXECUTED ON JANUARY 6, 2003. BORROWER: KNIGHTS OF COLUMBUS COUNCIL NO. 4068 HOME ASSOCIATION No. Columbus Council No. 4066 Home LENDER: W AYPOINT BANK vw. 310A 019 Cy,. R&Y' FM'W MWMM' W. fi . MR. EXHIBIT B PROMISSORY NOTE Borrower: Knights of Columbus Council No. 4o66 tome Lender: Waypoint Bank Association 235 North Second Street 2317 Old Gettysburg Pike _ P.O. BOX 1711 _ Camp HIS, PA 17011 Harrisburg, PA 17105 Principal Amount: $50,000.00 Date of Note: January 6, 2003 PROMISE TO PAY. Knights of Columbus Council No. 1066 Home Association ("Borrower") promises to pay to Waypoint ON* ("Laden"), or order, In lawful money of the United States of America, on demand, the principal amount of Fifty Thousand S, 001100 Dollars (s50AW.00) or so much as may be outstanding, together with interest on the unpaid outstanding principal balance of each advance. Interest doll be calculated from the date of each advance until repayment of each advance. PAYMENT. Borrower will pay tide loan immediately upon Lender's demand. Payment In hall Is due knmedtd* upon Lender's demand. Borrower will pay regular monthly payments of all accrued unpaid Interest due as of each payment date, beginning February 1, 2003, with all subsequent Interest payments to be due on tla same day of each month alter tat. Unless otherwise agreed or required by applicable ow, Peymants will be applied that to accrued unpaid Interest, than to principal, and any remaining amount to any unpaid collection coda and Ids charges. The annual interest rate for this Note Is computed on a 3651960 baals; thai Is, by applying the ratio of the annual Interest rate over a yew of 360 days, mudtplted by the outstanding principal balance, multiptie0 by the actual number of days the principal balance Is outstanding. Borrower will pay Lender at Lender's address shown above or at such other place as Lender may designate In writing. VARIABLE INTEREST RATE. The interest rate on this Note Is subject to change from time to time based on charges in an index which Is Lender's Prime Rate (the "Index"). This is the rate Lender charges, or would charge, on 00-day unsecured loans to the most creditworthy corporate customers. This rate may or may not be the lowest rate available from Lender at any given time. Lender will fall Borrower the current Index rate upon Borrowers request. The interest rate charge will not occur more often than each Day. Borrower understands that Lender may make loans based on other rates as well. The interest rate to be applied to the unpaid principal balance of this Note will be at a rate of 1600 percentage points over the Index. NOTICE:' Under no circumstances will the interest rate on this Note be more than the maximum rate allowed by applicable law. PREPAYMENT. Borrower agrees that all ban fees and other prepaid finance charges are earned fully as of the date of the loan and wit not be subject to refund upon early payment (whether voluntary or as a result of default), except as otherwise required by law. Except for the foregoing, Borrower may pay without penalty all or a portion of the amount owed earlier than N is due. Easy payments will not, unless agreed to by Lender in writing, relieve Borrower of Borrowers obligation to continue to make payments of accrued unpaid interest. Rather, early payments will reduce the principal balance due. Borrower agrees not to send Lender payments marked "paid in fur, "without recourse", or similar language. If Borrower sends such a payment, Lender may accept it without losing any of Lender's rights under this Note, and Borrower will remain obligated to pay any further amount owed to Lender. AN written communications concerning disputed amounts, including any check or other payment instrument that indicates that the payment constitutes "payment in fulr of the amount owed or that is tendered with other conditions or limitations or as full satisfaction of a disputed amount must be mailed or delivered to: Waypoint Bank , 235 North Second Street, P.O. Box 1711, Harrisburg, PA 17105. LATE CHARGE. If a regularly scheduled interest payment is 15 days or more late, Borrower will be charged SAM of the regularly scheduled payment or $10.00, whichever is greater. If Lender demands payment of this loan, and Borrower does not pay the loan in full within 15 days alter Lender's demand, Borrower also will be charged altar 6.000% of the sum of the unpaid principal plus accrued unpaid Interest or $10.00, whichever is pester. INTEREST AFTER DEFAULT. Upon default, including failure to pay upon final maturity, Lender, at its option, may, If permitted under applicable law, increase the variable inkiest rate on this Note to 3500 percentage points over the Index. The interest rate will not exceed the maximum rate permitted by applicable law. If judgment Is entered In connection with this Note, Interest will continue to accrue on this Note after judgment at the Interest rate applicable to this Note at the time judgment is entered. LENDER'S RIGHTS. Upon Lenders demand, Lender may, after giving such notices as required by appNceble law, declare the entire unpaid principal balance on this Note and all accrued unpaid interest immediately due, and then Borrower will pay that amount. ATTORNEYS' FEES; EXPENSES. Lender may hire or pay someone else to help collect this Note If Borrower does not pay. Borrower will pay Lender that amount. This Includes, subject to any limits under applicable law, Lenders atomeys' fees and Lenders legal expenses, whether or not there is a lawsuit, Including attorneys' fees, expenses for bankruptcy proceedings (Including efforts to modify or vacate any automatic stay or Injunction), and appeals. If not prohibited by applicable law, Borrower also will pay any court costs, in addition to all other sums provided by law. JURY WAIVER. Lender and Borrower hereby waive the right to any jury h al In any action, proceeding, or counterclaim brought by either Lender or Borrower against the other. GOVERNING LAW. This Note will be governed by, celstued and enforced In accordance with federal law and the laws of to Commonwsstihh of Pennsylvania This NOW has been accepted by Lender In tie Commonwealth of Pennsylvania. CHOICE OF VENUE. If there is a lawsuit, Borrower agrees upon Lender's request to submit to the jurisdiction of the courts of Dauphin County, Commonwealth of Pennsylvania. RIGHT OF SETOFF. To the extent permitted by applicable law, Lender reserves a right of setoff in all Borrowers accounts with Lender (whether checking, savings, or some other account). This includes all accounts Borrower holds jointly with someone else and all accounts Borrower may open in the future. However, this does not include any IRA or Keogh accounts, or any trust accounts for which setoff would be prohb ited by law. Borrower aulhorlzes Lender, to the extent permitted by applicable law, to charge or setoff all sums owing on the indebtedness against any and all such accounts. LINE OF CREDIT. This Note evidences a revolving line of credit. Advances under this Note, as well as directions for payment from Borrowers accounts, may be requested orally or In writing by Borrower or by an authorized person. Lender may, but need not, require that all oral requests be confirmed in writing. Borrower agrees to be liable for all sums either: (A) advanced In accordance with the Instructions of an authorized person or (B) credited to any of Borrowers accounts with Lender. The unpaid principal betanoe owing on this Note at any fine may be evidenced by endorsements on this Note or by lender's interns records, including deity compute print--outs. SECURITY. AN collateral (as herein defined) is security for this Note and any renewals, extensions and modifications thereof, and the payment, performance and discharge of all other present or future Indebtedness, obligations and undertakings (whetter individual, joint, several, direct, contingent or otherwise) of the Borrower to or for the beneNl of Lender, whether arising directly to Lender under this Note or under any other agreement, promissory note or undertakings now existing or hereinafter entered into by the Borrower to the Lender. The term "Collaterar Includes all tangible and intangible property (I) described In any mortgage, assignment or other security document separately executed in favor of Lender, and (it) in which a security interest has been granted to Lender pursuant to this Note. CROSS-COLLATERALIZE(CROSS-DFAULT. The Note will be cross-cdlateraiiaed/cross-defaulted with all other loans from Borrower, or any of Borrower's related entities, to Waypdnt Bank. If at any time there is a default under this Note, all loans will be considered In default and all outstanding amounts under the loans will be immediately due and payable in full. A default in one loan shall constitute a default in all others. PROMISSORY NOTE Loan No: 8875003453 (Continued) Page 2 DISCLOSURE TO BORROWER FOR CONFESSION OF JUDGMENT. An exhibit, titled "Disclosure for Confession of Judgment," is attached to this Note and by this reference is made a part of'thls-Notejust-es if all the provisions, terms and conditions of the Exhibit haft forth in this Note. SUCCESSOR INTERESTS. The terms of this Note shall be binding upon Borrower, and upon Borrower's heirs, personal representatives, successors and assigns, and shall inure to the benefit of Lender and its successors and assigns. GENERAL PROVISIONS. Lender may delay or forgo enforcing any of its rights or remedies under this Note without losing them. Bohower and any other person who signs, guarantees or endorses this Note, to the extent allowed by law, waive presentment, demand for payment, and notice of dishonor. Upon any change in the terms of this Note, and unless otherwise expressly stated in writing, no party who signs this Note, whether as maker, guarantor, accommodation maker or endorser, shall be released from liability. All such parties agree that Lender may renew or extend (repeatedly and for any length of time) this loan or release any party or guarantor or colletoral; or Impair, fail to realize upon or perfect Lender's security Interest in the collateral; and take any other action deemed necessary by Lender without the consent of or notice to anyone. AN such parties also agree that Lender may modify this loan without the consent of or notice to anyone other than the party with whom the modification is made. The obligations under this Note are joint and several. If any portion of this Note Is for any reason determined to be unenforceable, it will not affect the enforceability of any other provisions of this Note. CONFESSION OF JUDGMENT. BORROWER HEREBY IRREVOCABLY AUTHORIZES AND EMPOWERS ANY ATTORNEY OR THE PROTHONOTARY OR CLERK OF ANY COURT IN THE COMMONWEALTH OF PENNSYLVANIA, OR ELSEWHERE, TO APPEAR AT ANY TIME FOR BORROWER AFTER A DEFAULT UNDER THIS NOTE AND WITH OR WITHOUT COMPLAINT FILED, CONFESS OR ENTER JUDGMENT AGAINST BORROWER FOR THE ENTIRE PRINCIPAL BALANCE OF THIS NOTE AND ALL ACCRUED INTEREST, LATE CHARGES AND ANY AND ALL AMOUNTS EXPENDED OR ADVANCED BY LENDER RELATING TO ANY COLLATERAL SECURING THIS NOTE, TOGETHER WITH COSTS OF SUIT, AND AN ATTORNEY'S COMMISSION OF TEN PERCENT (10%) OF THE UNPAID PRINCIPAL BALANCE AND ACCRUED INTEREST FOR COLLECTION, BUT IN ANY EVENT NOT LESS THAN FIVE HUNDRED DOLLARS ($600) ON WHICH JUDGMENT OR JUDGMENTS ONE OR MORE EXECUTIONS MAY ISSUE IMMEDIATELY; AND FOR SO DOING, THIS NOTE OR A COPY OF THIS NOTE VERIFIED BY AFFIDAVIT SHALL BE SUFFICIENT WARRANT. THE AUTHORITY GRANTED IN THIS NOTE TO CONFESS JUDGMENT AGAINST BORROWER SHALL NOT BE EXHAUSTED BY ANY EXERCISE OF THAT AUTHORITY, BUT SHALL CONTINUE FROM TIME TO TIME AND AT ALL 11MES UNTIL PAYMENT IN FULL OF ALL AMOUNTS DUE UNDER THIS NOTE. BORROWER HEREBY WAIVES ANY RIGHT BORROWER MAY HAVE TO NOTICE OR TO A HEARING IN CONNECTION WITH ANY SUCH CONFESSION OF JUDGMENT AND STATES THAT EITHER A REPRESENTATIVE OF LENDER SPECIFICALLY CALLED THIS CONFESSION OF JUDGMENT PROVISION TO BORROWER'S ATTENTION OR BORROWER HAS BEEN REPRESENTED BY INDEPENDENT LEGAL COUNSEL. PRIOR TO SIGNING THIS NOTE, BORROWER READ AND UNDERSTOOD ALL THE PROVISIONS OF THIS NOTE, INCLUDING THE VARIABLE INTEREST RATE PROVISIONS. BORROWER AGREES TO THE TERMS OF THE NOTE. BORROWER ACKNOWLEDGES RECEIPT OF A COMPLETED COPY OF THIS PROMISSORY NOTE. THIS NOTE IS GIVEN UNDER SEAL AND IT IS INTENDED THAT THIS NOTE IS AND SHALL CONSTITUTE AND HAVE THE EFFECT OF A SEALED INSTRUMENT ACCORDING TO LAW. BORROWER: KNIGHTS OF COLUMBUS COUNCIL NO 4068 HOME ASSOCIATION By .' N`?? By: :. EVMU, CEO of K"WrIS oil Columbus Dab L. Bnaabscb, Trsawror Of KntgN118 Of Council No. 4068 Horne Association Columbus Council No. 4088 Home Association WAYPOINT BANK r/ A NO), NOL N RWS Rw DISCLOSUR' FOR CONFESSION OF jurMENT Borrower: Knights of Columbus Council No. 4088 Home Lender: Waypoint Bank Association 235 North Second Street 2317 Old Gettysburg Pike P.O. BOX 1711 Camp FBIITAA-I-7011- HanlsbughRA-17105 This DISCLOSURE FOR CONFESSION OF JUDGMENT Is attached to and by this reference Is made a part of the Promissory Note, dated January 0, 2009, and executed In connectkm with a loan or other financial accommodations between WAYPOINT BANK and Knights of Columbus Council No. 4088 Home Association. ON THE DATE HEREOF, BORROWER IS EXECUTING A PROMISSORY NOTE OBLIGATING THE BORROWER TO REPAY THAT AMOUNT. A. 1 UNDERSTAND THAT THE NOTE CONTAINS A CONFESSION OF JUDGMENT PROVISION THAT WOULD PERMIT LENDER TO ENTER JUDGMENT AGAINST THE BORROWER IN COURT, AFTER A DEFAULT ON THE NOTE, WITHOUT ADVANCE NOTICE TO THE BORROWER AND WITHOUT OFFERING THE BORROWER AN OPPORTUNITY TO DEFEND AGAINST THE ENTRY OF JUDGMENT. IN EXECUTING THE NOTE, BEING FULLY AWARE OF THE BORROWERS RIGHTS TO ADVANCE NOTICE AND TO A HEARING TO CONTEST THE VALIDITY OF ANY JUDGMENT OR OTHER CLAIMS THAT LENDER MAY ASSERT AGAINST THE BORROWER TINDER THE NOTE, 1, ON BEHALF OF THE BORROWER, AM KNOWINGLY, INTELLIGENTLY, AND VOLUNTARILY WAIVING THESE RIGHTS, INCLUDING ANY RIGHT TO ADVANCE NOTICE OF THE ENTRY OF JUDGMENT, AND I EXPRESSLY AGREE AND CONSENT TO LENDERS ENTERING JUDGMENT AGAINST THE BORROWER??'v/ ION AS PROVIDED FOR IN THE CONFESSION OF JUDGMENT PROVISION. INITIALS: y_ii/G?'v1//i B. 1 FURTHER UNDERSTAND THAT IN ADDITION TO GIVING LENDER THE RIGHT TO ENTER JUDGMENT AGAINST THE BORROWER WITHOUT ADVANCE NOTICE OR A HEARING, THE CONFESSION OF JUDGMENT PROVISION IN THE NOTE ALSO CONTAINS LANGUAGE THAT WOULD PERMIT LENDER, AFTER ENTRY OF JUDGMENT, TO EXECUTE ON THE JUDGMENT BY FORECLOSING UPON, ATTACHING, LEVYING ON, TAKING POSSESSION OF OR OTHER WISE SEIZING THE BORROWERS PROPERTY, IN FULL OR PARTIAL PAYMENT OF THE JUDGMENT. HOWEVER, LENDER MUST PROVIDE NOTICE TO THE BORROWER UNDER APPLICABLE LAW IN EXECUTING ANY CONFESSED JUDGMENT. IN EXECUTING THE NOTE, BEING FULLY AWARE OF MY RIGHTS TO ADVANCE NOTICE AND A FEARING AFTER JUDGMENT IS ENTERED AND BEFORE EXECUTION ON THE JUDGMENT, I AM KNOWINGLY, INTELLIGENTLY AND VOLUNTARILY WAIVING THESE RIGHTS, AND I EXPRESSLY AGREE ARID CON 0 EXECUTING ON THE JUDGMENT, IN ANY MANNER PERMITTED BY APPLICABLE STATE AND FEDERAL LAW. INITIALS. C. AFTER HAVING READ AND DETERMINED WHICH OF THE FOLLOWING STATEMENTS ARE APPLICABLE, AND BY PLACING MY INITIALS NEXT TO EACH STATEMENT WHICH APPLIES, I REPRESENT THAT: IN 1. 1 WAS REPRESENTED BY MY OWN INDEPENDENT LEGAL COUNSEL IN CONNECTION WITH THE NOTE. 2. A REPRESENTATIVE OF LENDER SPECIFICALLY CALLED THE CONFESSION OF JUDGMENT PROVISION IN THE NOTE TO MY ATTENTION. D. 1 CERTIFY THAT THE BORROWERS ANNUAL INCOME EXCEEDS $10, WAO; THAT THE BLANKS IN THIS DISCLOSURE WERE FILLED IN WHEN I INITIALED AND SIGNED IT; AND THAT I RECEIVED A COPY AT THE TIME OF SIGNING. THIS DISCLOSURE HAS BEEN SIGNED AND SEALED BY THE UNDERSIGNED. THIS DISCLOSURE FOR CONFESSION OF JUDGMENT IS EXECUTED ON JANUARY 8, 2003. BORROWER: KNIGHTS OF COLUMBUS COUNCIL NO. 4068 HOME ASSOCIATION II N0. Hbma ,'..: Tres Columbus Council No. 4060 LENDER: WAYP 11 T ANK Signer USER MO Lu q. Vw. S.3o.M.E1E CW. q,gM f hd SuRMav, ft. 1297. ROSS. AN Rgwv Ruw - PA kNM8SR11LPLNSOIC Tq-S1)iM -frv IBIL L C EXH- _ Sovereign Bank Member FDIC Ist Class and Overnight Delivery's°vereignbank.°°m May 5,2006 Mr. Jack McDonough, President Knights of Columbus Council 4068 C/O Jack McDonough 270 Eden Road Etters, Pa. 17319 Re: Indebtedness of Knight of Columbus Council 4068 Home Association (the "Borrower") to Sovereign Bank (the "Bank") Dear Mr. McDonough: As you know, responsibility for the loan arrangements between the Bank and the Borrower. has been transferred to the Managed Assets Division of Sovereign Bank and any and all communications to the Bank are to be addressed to my attention until further advised. Reference is made to the Promissory Note of the Borrower in the original principal amount of $50,000, dated January 6, 2003 and originally payable to Waypoint Bank (the "Note"). Sovereign Bank, as suceessor, is the holder of the Note and Borrower is in payment default as Borrower has failed to make payments went due (the Default). This letter constitutes notice to the Borrower of the occurrence of the Default. Further, reference is made to Promissory Note of the Borrower in the original principal amount of $465,000 dated January 6, 2003 and originally payable to Waypoint Bank (the 2n4 . Note). Sovereign Bank, as successor, is the holder of the 2"d Note and Borrower is in payment default as Borrower has failed to make payment when due. This letter also constitutes notice to the Borrower of the occurrence of the Default. This letter will also serve as written notice that as a consequence of the occurrence of the Default, the Bank has elected to terminate the. Borrower's ability to receive advances under the $50,000 line of credit evidenced by the Note (the "Line of Credit'). Be advised that the Bank shall make no loans or advances under the Line of Credit, and that the Borrower shall have no right to re-borrow any amounts of the Line of Credit that may be repaid. Similarly, the Bank hereby rescinds any other un-funded commitments to advance or lend money. Effective as of May 1, 2006, the Bank has elected to increase the rate of interest charged on the unpaid principal balance of the Note and the 2nd Note to the Default Rate of Interest which is Prime plus 3.50% and 8.85% per annum. The Borrower-may continue to receive invoices for payments-under the Note that do not reflect this change in interest rate. The failure of the Bank to forward invoices to the Borrower reflecting payments at the Default Interest Rate is in no event a waiver of the imposition by the Bank of the Default Interest Rate under the Note as of the date set forth herein. Nothing contained in this letter is intended as a waiver or release of any of the terms or provisions of the Note or of any and all other notes, instruments or agreements between the Bank and the Borrower (the `Loan Documents"), including, without limitation, the requirement that the Borrower pay on demand any amount so payable under. the provisions of the instrument evidencing the same. The Bank reserves all rights and remedies available to it under the Loan Documents, and applicable law, all of which are expressly hereby reserved. No discussions between the Bank and the Borrower concerning this notification, other loan relationships between the Bank and the Borrower, or any other matter shall imply an agreement on the part of the Bank to waive any of its rights and remedies or to forbear from taking any action authorized by the Loan Documents or applicable law, whether or not such discussions may be continuing. The acceptance of any partial payment of any of the obligations of the Borrower to the Bank, shall not be deemed a waiver or limitation of any of the Bank's rights reserved herein as to the'full amount of any unpaid balance. Any delay or forbearance by the Bank in the enforcement or pursuit of any of its rights and remedies under the Loan Documents or applicable law shall not constitute a waiver thereof, nor shall it be a bar to the exercise of the Bank's rights or remedies at a later date. Very Vice * d `? L IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SOVEREIGN BANK CIVIL ACTION Plaintiff No. vs. KNIGHTS OF COLUMBUS COUNCIL NO. 4068 HOME ASSOCIATION Defendant Confession of Judgment Commonwealth of Pennsylvania County of Delaware AFFIDAVIT OF NON-MILITARY SERVICE Before me, a Notary Public for Delaware County, Pennsylvania, personally appeared Jeffrey L. Goodman, Attorney for the Plaintiff in the above entitled case, who being duly sworn or affirmed according to law deposes and says, that the Defendant above named is not in the military service of the United States of America, that he has personal knowledge that the said Defendant's last-known address is 2317 Old Gettysburg Pike, Camp Hill PA 17011. Sworn and subscribed before me this day of -Ju>L , 2006 Notary Public My Commission expires: 4444 a, Goodman, :v for Plaintiff 2 Aldwyn Lane Villanova PA 19085 I.D. No. 62689 1°J ''4 r? <?' ?-a ?_ .- _? P? {T1= r4:C: ?, 1 a C.r3 ?, a IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SOVEREIGN BANK CIVIL ACTION Plaintiff No. 60%tt"7?.- vs. KNIGHTS OF COLUMBUS COUNCIL NO. 4068 HOME ASSOCIATION Defendant Confession of Judgment OFFICE OF THE PROTHONOTARY OF CUMBERLAND COUNTY CERTIFICATE OF RESIDENCE PA. R.C.P. 236 I hereby certify that the precise mailing address of the Plaintiff is: 2 Aldwyn Lane 20-536-ARO East Lancaster Avenue and Aldwyn Lane Villanova PA 19085-0608 I hereby certify that the precise mailing address of the Defendant, Knights of Columbus Council No. 4068 Home Association is: 2317 Old Gettysburg Pike Camp Hill PA 17011 Dated: June 16, 2006 By: ;AArney for Plaintiff dwyn Lane, 20-536-ARO illanova PA 19085 Phone: 610-526-6313 I.D. No. 62689 .;, s?' ?" £., ?, _« ,_, ?? ?, • .? ?_ _ -? ?:;??,?, _?:. w _. ?.; -?:. ..? ?., ?.: ?,?? = f _ ?:> '1 .? IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SOVEREIGN BANK Plaintiff CIVIL ACTION No. Cx. 39?? Clod, I *-v vs. KNIGHTS OF COLUMBUS COUNCIL NO. 4068 HOME ASSOCIATION Defendant Confession of Judgment Commonwealth of Pennsylvania County of Delaware AFFIDAVIT OF DEFAULT AND BUSINESS TRANSACTION Thomas J. Young, being duly sworn according to law, deposes says he is Vice President for Sovereign Bank, Plaintiff, herein; that he is authorized to make this affidavit on plaintiffs behalf, that a true and correct copy of the Note containing the warrant of attorney upon which ; judgment is confessed is attached to the Complaint filed in this action as Exhibit "A" and "B" that the notes constitute a business transaction between plaintiff and defendant; that judgment is not being confessed against individual persons in connection with a consumer credit transaction; and that Defendant is in default under the notes for the reasons set forth in the Complaint. Sworn and subscribed before SOVN B me this&nay of JuCO L- 2006 By Thomas J. Yot Vice President Notary Public My Commission Expires COMMONWEALTH OF PENNSYLVANIA Naarial seal Helen M. Malloy, Notary Pudic Menus Hook Boro, Delaware County My Canmieafat E)pies Apr. 22, 2008 rbe Member, Pennsylvania Association Of Note IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SOVEREIGN BANK CIVIL ACTION Plaintiff NO. .3 9W 6L.C-91-41 VS. KNIGHTS OF COLUMBUS COUNCIL NO, 4068 HOME ASSOCIATION Defendant Confession of Judgment NOTICE OF FILING JUDGMENT ( ) Notice is hereby given that a judgment in the above-captioned matter has been entered against you in the amount of $531,352.98 plus per diem interest of $117.95253 from June 17, 2006 until paid in full (including interest post judgment per contract) plus costs of suit on the ZNay of , 2006. ( ) A copy of all documents filed with the Prothonotary in support of the within judgment is/are enclosed. j? K. Prothonotary Civil Div. By: If you have any questions concerning the above case, please contact the following party: Jeffrey L. Goodman As Attorney for Plaintiff 2 Aldwyn Lane, 20-536-ARO Villanova PA 19085 Phone: 610-526-6313 I.D. No. 62689 (This Notice is given in accordance with Pa.R.C.P. 236.) Notice sent: Knights of Columbus Council No. 4068 Home Association 2317 Old Gettysburg Pike Camp Hill PA 17011 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SOVEREIGN BANK VS. Plaintiff CIVIL ACTION No. KNIGHTS OF COLUMBUS COUNCIL NO. 4068 HOME ASSOCIATION Defendant Confession of Judement NOTICE UNDER RULE 2958.1 OF JUDGMENT AND EXECUTION THEREON NOTICE OF DEFENDANT'S RIGHTS TO: Knights of Columbus Council No. 4068 Home Association 2317 Old Gettysburg Pike Camp Hill PA 17011 A judgment in the amount of $531,352.98 plus per diem interest of $117.95253 from June 17, 2006 until paid in full (including interest post judgment per contract) plus costs of suit has been entered against you and in favor of the Plaintiff without any prior notice or bearing based on a confession of judgment contained in a written agreement or other paper allegedly signed by you. The sheriff may take your money or other property to pay the judgment at any time after thirty (30) days after the date on which this notice is served on you. You may have legal rights to defeat the judgment or to prevent your money or property from being taken. YOU MUST FILE A PETITION TO STRIKE OR OPEN JUDGMENT THEREBY SEEKING RELIEF FROM THE JUDGMENT STATING ALL GROUNDS FOR RELIEF IN A SINGLE PETITION AND PRESENT IT 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 AND CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. LAWYER REFERRAL SERVICE OF THE CUMBERLAND COUNTY BAR ASSOCIATION 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 or (800) 990-9108 (in PAQojd Dated: June 16.2006 By: 2?s rney for Plaintiff dwyn Lane, 20-536-ARO Villanova PA 19085 Phone: 610-526-6313 I.D. No. 62689 cn ;?? ?- ?: , ?_ ? ?, .., - ; -_,?_ W 5- `- ?--, ,,;?. - ??> =A .. t.. ?.. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SOVEREIGN BANK CIVIL ACTION / Plaintiff No. ?. - 3 ? 6.iL !8Ly''I VS. KNIGHTS OF COLUMBUS COUNCIL NO. 4068 HOME ASSOCIATION Defendant Confession of Judement SECTION 2737.1 NOTICE Pursuant to 42 Pa. C.S. § 2737.1, attached hereto are written instructions regarding the procedure to follow to strike the confessed judgment entered against you. Please be further advised that if you have been incorrectly identified and had a confession of judgment entered against you, under 42 Pa. C. S. § 2737.1 you are entitled to costs and reasonable attorney's fees as determined by the Court. Dated: June 16, 2006 By: AsAfforney for Plaintiff rAldwyn Lane, 20-536-ARO Villanova PA 19085 Phone: 610-526-6313 I.D. No. 62699 Pa. R.C.P No. 2959 PURDON'S PENNSYLVANIA STATUTES AND CONSOLIDATED STATUTES ANNOTATED PURDON'S PENNSYLVANIA CONSOLIDATED STATUTES ANNOTATED PENNSYLVANIA RULES OF CIVIL PROCEDURE CONFESSION OF JUDGMENT FOR MONEY. Current with amendments received through December 1, 2003. Rule 2959. Striking Off or Opening Judgment; Pleadings; Procedure (a) (1) Relief from a judgment by confession shall be sought by petition. Except as provided by subparagraph (2), all grounds for relief whether to strike off the judgment or to open it must be asserted in a single petition. The petition may be filed in the county in which the judgment was originally entered, in any county to which the judgment has been transferred or in any other county in which the sheriff has received a writ of execution directed to the sheriff to enforce the judgment. (2) The ground that the waiver of the due process rights of notice and hearing was not voluntary, intelligent and knowing shall be raised only (i) in support of a further request for a stay of execution where the court has not stayed execution despite the timely filing of a petition for relief from the judgment and the presentation of prima facie evidence of a defense; and (ii) as provided by Rule 2958.3 or Rule 2973.3. (3) If written notice is served upon the petitioner pursuant to Rule 2956.1(c)(2) or Rule 2973.1(c), the petition shall be filed within thirty days after such service. Unless the defendant can demonstrate that there were compelling reasons for the delay, a petition not timely filed shall be denied. (b) If the petition states prima facie grounds for relief the court shall issue a rule to show cause and may grant a stay of proceedings. After being served with a copy of the petition the plaintiff shall file an answer on or before the return day of the rule. The return day of the rule shall be fixed by the court by local rule or special order. (c) A party waives all defenses and objections which are not included in the petition or answer. (d) The petition and the rule to show cause and the answer shall be served as provided in Rule 440. (e) The court shall dispose of the rule on petition and answer, and on any testimony, depositions, admissions and all other evidence. The court for cause shown may stay proceedings on the petition insofar as it seeks to open the judgment pending disposition of the application to strike off the judgment. If evidence is produced which in a jury trial would require the issues to be submitted to the jury the court shall open the judgment. (f) The lien of the judgment or of any levy or attachment shall be preserved while the proceedings to strike off or open the judgment are pending. .? ?? ?_. `°_ ?., ,,; - G_ TJ CJ C," .? ,_, ?.: (:;. .. 1= 1_ <; SHERIFF'S RETURN - REGULAR CASE NO: 2006-03994 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND SOVEREIGN BANK VS KNIGHTS OF COLUMBUS COUNCIL TIMOTHY REITZ , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLT-CONFES JUDGMENT was served upon KNIGHTS OF COLUMBUS COUNCIL NO 4068 HOME ASSOCIATION the DEFENDANT , at 0928:00 HOURS, on the 24th day of July , 2006 at 265 DEERFILL ROAD CAMP HILL, PA 17011 by handing to JUSTIN SPAULDING CHAIRMAN a true and attested copy of COMPLT-CONFES JUDGMENT together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: So Answers: Docketing 18.00 %?y -e Service 12.32 ?,??t Postage .39 Surcharge 10.00 R. Thomas Kline 00 40.71/ 07/25/2006 q-2.2-0(- q SOVEREIGN Sworn and Subscibed to By; before me this day of A.D. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION Caption: Sovereign Bank VS. PRAECIPE FOR WRIT OF EXECUTION Confessed Judgment ? Other File No 2006-03994-P Knights of Columbus Council No. 4068 Home Association Amount Due $531,352.98 Interest Per Diem interest from 6/17/06 until paid in full including post judgment per contract Atty's Comm Costs plus costs of suit TO THE PROTHONOTARY OF THE SAID COURT: The undersigned hereby certifies that the below does not arise out of a retail installment sale, contract, or account based on a confession of judgment, but if it does, it is based on the appropriate original proceeding filed pursuant to act 7 of 1966 as amended; and for real property pursuant to Act 6 of 1974 as amended. Issue writ of execution in the above matter to the Sheriff of Cumberland County County, for debt, interest and costs, upon the following described property of the defendant (s) 2317 Old Gettysburg Pike and 2318 New York Avenue, Camp Hill PA 17011 _ J1 4-15 D t CV / LA 4-1 ?1,4 5 ) PRAECIPE FOR ATTACHMENT EXECUTION Issue writ of attachment to the Sheriff of County, for debt, interest and costs, as above, directing attachment against the above-named garnishee(s) for the following property (if real estate, supply six copies of the description; supply four copies of lengthy personalty list) and all other property of the defendant(s) in the possession, custody or control of the said garnishee(s). ? (Indicate) Index this writ against the garnishee (s) as a lis pendens aga' estate of the defendant(s) described in the attached exhibit. Date _ /D / L-110 7 Signature: Print Name: an, Esquire C- -536-ARO Address: T o Aldwyn Center Villanova PA 19085-1420 Attorney for: Sovereign Bank Telephone: 610-526-6313 Supreme Court 1E 62689 -.-- Y: 0 RJ ? kJ C3 F S e°z -51 ...i y ?? ce w WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) N02006-3994 Civil CIVIL ACTION,- LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due Sovereign Bank Plaintiff (s) From Knights of Columbus Council No. 4068 Home Association (1) You are directed to levy upon the property of the defendant (s)and to sell 2317 Old Gettysburg Pike and 2318 New York Avenue, Camp Hill, PA 17011 (Knights of Columbus) See legal description . (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $531,352.98 L.L.$.50 Interest Per Diem interest from 6/17/06 until paid in full including post judgment per contract Atty's Comm % Atty Paid $22.00 Plaintiff Paid $64.71 Date: October 30, 2007 (Seal) Due Prothy $2.00 Other Costs X -J- Curtis R. Long, Prothonotaryy? By: r Deputy REQUESTING PARTY: Name Jeffrey L. Goodman, Esq. Address: MC-20-536-ARO Two Aldwyn Center Villanova, PA 19085-1420 Attorney for: Sovereign Bank Telephone: 610-526-6313 Supreme Court ID No. 62689 ?' -?? ?'? ? ?s-? ?" c'? ?: -r?. ' yAd ?i?. ? .._ ? ._ y-} ?E -?- ' ? ?-- S - ?' ? -- 1 ?.-; ? MS ? S ..?, _K Sovereign Bank Jeffrey L. Goodman, Esquire 2 Aldwyn Lane Villanova, PA 19085 610-526-6313 Attorney ID # 62689 Attorney for Plaintiff SOVEREIGN BANK Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY VS. KNIGHTS OF COLUMBUS COUNCIL NO. 4068 HOME ASSOCIATION Defendant NO: 2006-03994 AFFIDAVIT OF NOTICE PUSUANT TO RULE 3129.1 COMMONWEALTH OF PENNSYVANIA: SS COUNTY OF DELAWARE: JEFFREY L. GOODMAN, attorney for plaintiff in the above action, sets forth as of the date the praecipe for the Writ of Execution was filed the following information concerning the real property located at 2317 Old Gettysburg Pike and 2318 New York Avenue, Township of Lower Allen, Camp Hill, PA 17011: 1. Name and address of owner(s) or reputed owner(s) Knights Of Columbus Council No. 4068 Home Association 2317 Old Gettysburg Pike Camp Hill, PA 17011 2. Name and address of defendant(s) in the judgment: Knights Of Columbus Council No. 4068 Home Association 2317 Old Gettysburg Pike Camp Hill, PA 17011 A. 11 t 3. Name and Address of every other person of whom plaintiff has knowledge who has any interest in the property which may be affected by the sale: Cumberland County Domestic Relations P.O. Box 320 Carlisle, PA 17013 PA Department of Public Welfare PO Box 2675 Harrisburg, PA 17105 Bureau of Compliance Clearance Support Section/ ATTN: Sheriffs Sales Dept. 281230 Harrisburg, PA 17129-1230 Tenant/Occupant 2317 Old Gettysburg Pike Camp Hill, PA 17011 Tenant/Occupant 2318 New York Avenue Camp Hill, PA 17011 Attorney General of the United States C/o Assistant Attorney General, Tax Division U.S. Department of Justice P.O. Box 227 Washington, DC 20044 PA. Department of Revenue Inheritance Tax Bureau Strawberry Square, 11 th Floor Harrisburg, Pa. 17128-1100 Cumberland County Register of Wills 1 Courthouse Square Carlisle, PA 17013 Pennfield Corp. Ritter Food Service P.O.Box 4366 Lancaster, PA 17604 Commonwealth of Pennsylvania Bureau of Compliance Dept. 280946 Harrisburg, PA 17128 r -ft The McDonough Agency Jack McDonough 270 Eden Road Etters, PA 17319 Ron Turo Richard Koch Turo Law Offices 28 South Pitt Street Carlisle, PA 17013 Knights of Columbus Council No. 4068 C/o Ron Turo Richard Koch Turo Law Offices 28 South Pitt Street Carlisle, PA 17013 Dutys Lock Safe and Security, Inc 4301 Carlisle Pike Camp hill, PA 17011 K & D Factory Service Inc 1833 N. Cameron Street Harrisburg, PA 17103 Lower Allen Township 1993 Hummel Avenue Camp Hill, PA 17011 Lower Allen Township Authority 120 Limekin Road New Cumberland, PA 17070 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unworn falsification to authorities. "Goodman for Plaintiff r-' ?=' ? -?-? _..? _?? ' ??..? ? ?,.1 _ ? e„Z. ` 99 ' ? ? ? ?.?.? ?' .. • ?? ? • . ? A .•'?? ??? h h Sovereign Bank Jeffrey L. Goodman, Esquire 2 Aldwyn Lane Villanova, PA 19085 610-526-6313 Attorney ID # 62689 Attorney for Plaintiff SOVEREIGN BANK Plaintiff VS. KNIGHTS OF COLUMBUS COUNCIL NO. 4068 HOME ASSOCIATION Defendant COURT OF COMMON PLEAS CUMBERLAND COUNTY NO: 2006-03994 THIS IS AN ATTEMPT TO COLLECT A DEBT ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: Knights Of Columbus Council No. 4068 Home Association 2317 Old Gettysburg Pike Camp Hill, PA 17011 Knights Of Columbus Council No. 4068 Home Association 2317 Old Gettysburg Pike and 2318 New York Avenue Camp Hill, PA 17011 Your house and/or real estate at 2317 Old Gettysburg Pike and 2318 New York Avenue, Camp Hill, PA 17011 is scheduled to be sold by the Sheriff of Cumberland County at Sheriffs Sale on March 5, 2008 at 10:00 am at One Courthouse Square, Carlisle PA 17013 to enforce the court judgment of $531,352.98 obtained by Sovereign Bank against you. NOTICE OF OWNERS RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale you must take IMMEDIATE action: 1. The sale will be cancelled if you pay to Sovereign Bank the balance due plus interest, late charges, and attorney's fees and costs due. To find out how much you must pay, you may call (610) 988-1926. 2. You may ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may contact an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the bid price by calling (610)520-6925. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of the property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened you may call the Sheriffs Office. 4. If the amount due from the buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have a right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff on a date to be announced by the Sheriff. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the Schedule of Distribution is posted. 7. You may also have other rights and defenses, or ways of getting your house back, if you act immediately after the sale. 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 LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Lawyer Referral Service Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 1-800-990-9108 Sovereign Bank Jeffrey L. Goodman, Esquire 2 Aldwyn Lane Villanova, PA 19085 610-526-6313 Attorney ID # 62689 Attorney for Plaintiff SOVEREIGN BANK Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY VS. KNIGHTS OF COLUMBUS COUNCIL NO. 4068 HOME ASSOCIATION Defendant NO: 2006-03994 CLAIM FOR EXEMPTION To the Sheriff: I, the above named defendant, claim exemption of property from levy or attachment: (1) From my real property in my possession which has been levied upon, (a) I desire that my $300.00 statutory exemption be set-aside in kind (specify real property to be set-aside in kind): I request a prompt court hearing to determine the exemption. Notice of the hearing should be given to me at (Address) (Telephone Number) I verify that the statements made in this Claim for Exemption are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unworn falsification to authorities. Date: Signature THIS CLAIM TO BE FILED WITH THE OFFICE OF THE SHERIFF One Courthouse Square, Carlisle PA 17013 1-888-697-0371 Ext. 6390 ALL THAT CERTAIN tract or parcel of land situate in the Township of Lower Allen, County of Cumberland, Commonwealth of Pennsylvania, more particularly bounded and described as follows to wit: BEGINNING at a point at an iron pin, at the intersection of the Southern right-of-way line of the Old Gettysburg Pike (SR 2014; formerly PA Avenue). with the Eastern Right-of-way line of Schuylkill Avenue; thence along the Southern Right-of-way line of the Old Gettysburg Pike South 85 degrees 30 minutes 00 seconds East, a distance of 160.00 feet to a point at an iron pin; thence by lands now or formerly of William P. Feuchtenberger and John H. Broujos, South 04 degrees 30 minutes 00 seconds West, a Northern Right-of-Way line of Nina Alley, a 20 feet wide right-of-way; thence crossing said Nina Alley South 04 degrees 30 minutes 00 seconds West, a distance of 20.00 feet to a point at an iron pin on the Southern right-of-way line of Nina Alley; thence by lands now or formerly of the Grantor herein, South 04 degrees 30 minutes 00 seconds West, a distance of 150.00 feet to a point at an iron pin on the Northern right-of-way line of New York Avenue, thence by same North 85 degrees 30 minutes 00 seconds West, a distance of 120.00 feet to a point at in iron pine; thence by lands of the Grantor herein, North 04 degrees 30 minutes 00 seconds East, a distance of 150.00 feet to a point at an iron pin on the Southern right-of-way line of Nina Alley aforementioned; thence crossing said Nina Alley North 04 degrees 30 minutes 00 seconds East, a distance of 20.00 feet to a point at an iron pin on the Northern right-of-way line of Nina Alley; thence along the Northern Right of way line of Nina Alley North 85 degrees 30 minutes 00 seconds West, a distance of 40.00 feet to a point at an iron pin on the Eastern right-of-way line of Schuylkill Avenue, a 60.0 feet right of way; thence along the Eastern Right-of-way line of Schuylkill Avenue North 04 degrees 30 minutes 00 seconds East, a distance of 150.00 feet to a point at an iron pin on the Southern right-of-way line of the Old Gettysburg Road, said point being the place of beginning. SUBJECT TO a 20.00 feet wide public right-of-way known as Nina Alley. All that certain tract or parcel of land situate in the Township of Lower Allen, Cumberland County, Pennsylvania, more particularly bounded and described as follows: Beginning at a point at the northeast intersection of New York and Schuylkill Avenues; thence running along the northern line of New York Avenue in an easterly direction a distance of forty (40) feet to a point; thence turning at right angles and running in a northerly direction, a distance of one hundred and fifty (150) feet to a point on the south side of Nina Alley; thence turning at right angles and running along the southern line of Nina Alley, in a westerly direction a distance of forty (40) feet to a point at the intersection of Nina Ailey and Schuylkill Avenue; and thence turning at right angles and running along the eastern line of Schuylkill Avenue in a southerly direction, a distance of one hundred and fifty (150) feet to a point. the Place of Beginning. Being Lot No. 115 on a Plan of land as laid out by Columbian Land Improvement Company, said Plan being recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania in Misc. Book 14 at Page 287. All that certain lot or tract of land situate in the Township of Lower Allen, Cumberland County, Pennsylvania, more particularly bounded and described as follows: Beginning at a point on the northerly side of New York Avenue, 40 feet east of the northeast intersection of Schuylkill Avenue and New York Avenue; thence in an easterly direction along the northern side of New York Avenue, 120 feet to a point; thence at right angle to New York Avenue north 150 feet to a point on the southerly side of Nina Alley; thence along the southerly side of Nina Alley in a westerly direction 120 feet to a point; 1 thence at right angle to Nina Alley, south 150 feet to a point on the northerly side of New York Avenue, the place of beginning. Being Lots No. 112, 113 and 114 on a Plan of Lots laid out by the Columbian Land Improvement Company of Harrisburg, Pennsylvania and recorded in the office of Recorder of Deeds in and for Cumberland County in Old Plan Book 1, page 80. Tax Parcel 13-23-0549-053 assessed as 2713 Old Gettysburg Pike Tax Parcel #13-23-0549-054 assessed as 2318 New York Avenue and Tax Parcel #13-23-0549-054/02 (as to part) r-.? ?"t r,?`y " t^- C--a Tt _--; ? . ? i_ "'?7 -- _ -G G? J ALL THAT CERTAIN tract or parcel of land situate in the Township of Lower Allen, County of Cumberland, Commonwealth of Pennsylvania, more particularly bounded and described as follows to wit: BEGINNING at a point at an iron pin, at the intersection of the Southern right-of-way line of the Old Gettysburg Pike (SR 2014; formerly PA Avenue). with the Eastern Right-of-way line of Schuylkill Avenue; thence along the Southern Right-of-way line of the Old Gettysburg Pike South 85 degrees 30 minutes 00 seconds East, a distance of 160.00 feet to a point at an iron pin; thence by lands now or formerly of William P. Feuchtenberger and John H. Broujos, South 04 degrees 30 minutes 00 seconds West, a Northern Right-of-Way line of Nina Alley, a 20 feet wide right-of-way; thence crossing said Nina Alley South 04 degrees 30 minutes 00 seconds West, a distance of 20.00 feet to a point at an iron pin on the Southern right-of-way line of Nina Alley; thence by lands now or formerly of the Grantor herein, South 04 degrees 30 minutes 00 seconds West, a distance of 150.00 feet to a point at an iron pin on the Northern right-of-way line of New York Avenue, thence by same North 85 degrees 30 minutes 00 seconds West, a distance of 120.00 feet to a point at in iron pine; thence by lands of the Grantor herein, North 04 degrees 30 minutes 00 seconds East, a distance of 150.00 feet to a point at an iron pin on the Southern right-of-way line of Nina Alley aforementioned; thence crossing said Nina Alley North 04 degrees 30 minutes 00 seconds East, a distance of 20.00 feet to a point at an iron pin on the Northern right-of-way line of Nina Alley; thence along the Northern Right of way line of Nina Alley North 85 degrees 30 minutes 00 seconds West, a distance of 40.00 feet to a point at an iron pin on the Eastern right-of-way line of Schuylkill Avenue, a 60.0 feet right of way; thence along the Eastern Right-of-way line of Schuylkill Avenue North 04 degrees 30 minutes 00 seconds East, a distance of 150.00 feet to a point at an iron pin on the Southern right-of-way line of the Old Gettysburg Road, said point being the place of beginning. SUBJECT TO a 20.00 feet wide public right-of-way known as Nina Alley. All that certain tract or parcel of land situate in the Township of Lower Allen, Cumberland County, Pennsylvania, more particularly bounded and described as follows: Beginning at a point at the northeast intersection of New York and Schuylkill Avenues; thence running along the northern line of New York Avenue in an easterly direction a distance of forty (40) feet to a point; thence turning at right angles and running in a northerly direction, a distance of one hundred and fifty (160) feet to a point on the south side of Nina Alley; thence turning at right angles and running along the southern line of Nina Alley, in a westerly direction a distance of forty (40) feet to a point at the intersection of Nina Ailey and Schuylkill Avenue; and thence turning at right angles and running along the eastern line of Schuylkill Avenue in a southerly direction, a distance of one hundred and fifty (150) feet to a point. the Place of Beginning. Being Lot No. 115 on a Plan of land as laid out by Columbian Land Improvement Company, said Plan being recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania in Misc. Book 14 at Page 287. All that certain lot or tract of land situate in the Township of Lower Allen, Cumberland County, Pennsylvania, more particularly bounded and described as follows: Beginning at a point on the northerly side of New York Avenue, 40 feet east of the northeast intersection of Schuylkill Avenue and New York Avenue; thence in an easterly direction along the northern side of New York Avenue, 120 feet to a point; thence at right angle to New York Avenue north 150 feet to a point on the southerly side of Nina Alley; thence along the southerly side of Nina Alley in a westerly direction 120 feet to a point; thence at right angle to Nina Alley, south 150 feet to a point on the northerly side of New York Avenue, the place of beginning. Being Lots No. 112, 113 and 114 on a Plan of Lots laid out by the Columbian Land Improvement Company of Harrisburg, Pennsylvania and recorded in the office of Recorder of Deeds in and for Cumberland County in Old Plan Book 1, page 80. Tax Parcel 13-23-0549-053 assessed as 2713 Old Gettysburg Pike Tax Parcel #13-23-0549-054 assessed as 2318 New York Avenue and Tax Parcel #13-23-0549-054/02 (as to part) CD . , f !TI ;-C Sovereign Bank Jeffrey L. Goodman, Esquire 2 Aldwyn Lane Villanova, PA 19085 610-526-6313 Attorney ID # 62689 Attorney for Plaintiff SOVEREIGN BANK Plaintiff VS. KNIGHTS OF COLUMBUS COUNCIL NO. 4068 HOME ASSOCIATION Defendant COURT OF COMMON PLEAS CUMBERLAND COUNTY NO: 2006-03994 AFFIDAVIT OF SERVICE OF NOTICES PURSUANT TO RULE 3129.1 COMMONWEALTH OF PENNSYVANIA: SS COUNTY OF DELAWARE: JEFFREY L. GOODMAN, ESQUIRE, attorney for the plaintiff in the above action, hereby certifies that service of the Notice of Sheriff Sale in the above matter was made on all interested parties, set forth below, by regular first class mail, postage prepaid, as evidenced by the attached certificates of mailing. 1. Name and address of owner(s) or reputed owner(s) Knights of Columbus Council No. 4068 Home Association 2317 Old Gettysburg Pike Camp Hill, PA 17011 2. Name and address of defendant(s) in the judgment: Knights of Columbus Council No. 4068 Home Association 2317 Old Gettysburg Pike Camp Hill, PA 17011 Ce,/?,V'??c? mug ? 3. Name and Address of every other person of whom plaintiff has knowledge who has any interest in the property which may be affected by the sale: Cumberland County Domestic Relations P.O. Box 320 Carlisle, PA 17013 PA Department of Public Welfare PO Box 2675 Harrisburg, PA 17105 Bureau of Compliance Clearance Support Section/ ATTN: Sheriffs Sales Dept. 281230 Harrisburg, PA 17129-1230 Tenant/Occupant 2317 Old Gettysburg Pike Camp Hill, PA 17011 Tenant/Occupant 2318 New York Avenue Camp Hill, PA 17011 Attorney General of the United States C/o Assistant Attorney General, Tax Division U.S. Department of Justice P.O. Box 227 Washington, DC 20044 PA. Department of Revenue Inheritance Tax Bureau Strawberry Square, 11th Floor Harrisburg, Pa. 17128-1100 Cumberland County Register of Wills 1 Courthouse Square Carlisle, PA 17013 Pennfield Corp. Ritter Food Service P.O.Box 4366 Lancaster, PA 17604 Commonwealth of Pennsylvania Bureau of Compliance Dept. 280946 Harrisburg, PA 17128 The McDonough Agency Jack McDonough 270 Eden Road Etters, PA 17319 Ron Turo Richard Koch Turo Law Offices 28 South Pitt Street Carlisle, PA 17013 Knights of Columbus Council No. 4068 C/o Ron Turo Richard Koch Turo Law Offices 28 South Pitt Street Carlisle, PA 17013 Dutys Lock Safe and Security, Inc 4301 Carlisle Pike Camp hill, PA 17011 K & D Factory Service Inc 1833 N. Cameron Street Harrisburg, PA 17103 Lower Allen Township 1993 Hummel Avenue Camp Hill, PA 17011 Lower Allen Township Authority 120 Limekin Road New Cumberland, PA 17070 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unworn falsification to authorities. CERTIFIED MAIL RELEIPT u7 (Domestic O LC) For del! CO L S ?d. SS p M Postage Cr A C3 Certified Fee $2.65 • ' 9? p ?CP 0 (Endorsei e t A" ? dl $2.15 M (= Knights Of Co.0 ? Total i No. 4068 Hom urrt?ia y / Q ru 2317 Old loci Gettysbur o? CAP Hill, PA 1701 Pike M Apo .._. ru ., r-q Ln om- P $ 0 Cer"Od Fee :2. d5 R Fee C1 o° c (E r I{nrghts of Columbus it N 4068, C/j Two /? ? Total Pp'Q Richard o Turo Lai?ces 0110712008 `3 28 South Pitt Street N 3 Carlisle, PA 17013 °`?DBaar?vo. o - SE 0 & z ODI v rn T A ! PPA 1 0 . ? T O n 0 v g v O 0 a wl Nf "i i Z 3 a m C N n ?,,, a ? ..aco co ? CL v, c a . bd CD 0 o 0 `o O !R C) 00 U .8 G 2 _ CD o x -0 G n C N y UQ A N - W n I = ?+ Q I on ? N ? !D CD ? b /?pS I 1 ^ 1' yn? Q V ` `V M M p C J W O V /r• CD C) SO 'n u N ii i O " m 3 j,88 a O co i 3 R 0210 CCD m ° m o? ° a os co i I? ? w ? 3 ? v ox- @a m lame, 1 ? may; a ?m <C i m I j (PLC I m ! iom v ORI m Delivery Confirmation s o Signature Confirmation -n Speci 1 Handling s x! e tr cte Deliv y ? 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Delive ry Return Receip t a p n 0 v • g .a m v 0 3 m r r r _ °i cy__ uC7 -=1 C..J -G IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SOVEREIGN BANK CIVIL ACTION Plaintiff No. 2006-03994 vs. KNIGHTS OF COLUMBUS COUNCIL NO. 4068 HOME ASSOCIATION Defendant Confession of Judgment PRAECIPE TO ASSIGN JUDGMENT TO THE PROTHONOTARY: Kindly assign the judgment in the above captioned matter to PBE Companies, LLC, pursuant to that certain Assignment Agreement dated February 27, 2005 executed by and between Sovereign Bank and PBE Companies, LLC. Dated: February 27, 2008 By: oodman, Esquire As A rney for Sovereign Bank 20 6-ARO 2 Aldwyn Lane Villanova PA 19085 Phone: 610-526-6313 I.D. No. 62689 N cl? O n c i r-} n a CLj E cr> '' COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ISS: I, Robert P. Ziegler, Recorder of Deeds in and for said County and State do hereby certify that the Sheriff's Deed in which PBE COMPANIES LLC is the grantee the same having been sold to said grantee on the 5TH day of MARCH A.D., 2008, under and by virtue of a writ Execution issued on the 30TH day of OCT, A.D., 2007, out of the Court of Common Pleas of said County as of Civil Term, 2006 Number 3994, at the suit of SOVEREIGN BANK against KNIGHTS OF COLUMBUS COUNCIL NO 4068 HOME ASSOC is duly recorded as Instrument Number 200820634. C r-? / ecorderld Deeds t of CW**rWW County, ON". PA Ez*n tw FW MW4q of Jm. 2010 IN TESTIMONY WHEREOF, I have he;eunto set my hand anal of said office this Z2 -? day of Sovereign Bank In the Court of Common Pleas of VS Cumberland County, Pennsylvania Knights of Columbus Council No. 4068 Writ No. 2006-3994 Civil Term Home Association R. Thomas Kline, Sheriff, who being duly sworn according to law, states that he made a diligent search and inquiry for the within named defendant, to wit: Knights of Columbus Council No. 4068 Home Association, but was unable to locate them in his bailiwick. He therefore returns the within Real Estate Writ, Notice of Sheriffs Sale and Description as NOT FOUND as to the defendant, Knights of Columbus Council No. 4068 Home Association. The business located at 2317 Old Gettysburg Pike, Camp Hill, Cumberland County, Pennsylvania and 2318 New York Avenue, Camp Hill, Cumberland County, Pennsylvania are closed as of February 28, 2006. Sharon Lantz, Deputy Sheriff, who being duly sworn according to law, states that on January 10, 2008 at 1214 hours, she posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Knights of Columbus Council No. 4068 Home Association located at 2317 Old Gettysburg Pike, Camp Hill, Cumberland County, Pennsylvania and 2318 New York Avenue, Camp Hill, Cumberland County, Pennsylvania according to law. R. Thomas Kline, Sheriff, who being duly sworn according to law, states he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a notice of the pendency of the action to the within named defendant, to wit: Knights of Columbus Council No. 4068 Home Association by regular mail to their last known address of 2317 Old Gettysburg Pike, Camp Hill, PA 17011. This letter was mailed under the date of January 10, 2008 and returned to the Sheriff s Office on January 22, 2008 marked "Unable to Forward." R. Thomas Kline, Sheriff, who being duly sworn according to law, states that after due and legal notice had been given according to law, he exposed the within described premises at public venue or outcry at the Courthouse, Carlisle, Cumberland County, Pennsylvania on March 5, 2008 at 10:00 o'clock A.M. He sold the same for the sum of $1.00 to Attorney Jeffrey L. Goodman on behalf of PBE Companies, LLC (assignee). It being the highest bid and best price received for the same, PBE Companies, LLC (assignee), of 924 Eaton Ave., 2nd Floor, Bethlehem, PA 18018 being the buyer in this execution, paid to Sheriff R. Thomas Kline the sum of $1,866.48. Sheriffs Costs: Docketing $30.00 Poundage 36.60 Posting Bills 15.00 Advertising 15.00 Acknowledging Deed 48.00 Auctioneer 10.00 Law Library .50 Prothonotary 2.00 Mileage 15.36 Levy 15.00 Surcharge 30.00 Law Journal 857.00 Patriot News 711.35 .g ,10 Share of Bills Distribution of Proceeds Sheriffs Deed 16.17 25.00 39.50 $ 1,203.27 G?1o/ o So Answers: ' R. Thomas Kline, Sheriff BY, JC) C' Real Estate rgeant M Sovereign Bank Jeffrey L. Goodman, Esquire 2 Aldwyn Lane Villanova, PA 19085 610-526-6313 Attorney ID # 62689 Attorney for Plaintiff SOVEREIGN BANK Plaintiff VS. KNIGHTS OF COLUMBUS COUNCIL NO. 4068 HOME ASSOCIATION Defendant COURT OF COMMON PLEAS CUMBERLAND COUNTY NO: 2006-03994 AFFIDAVIT OF NOTICE PUSUANT TO RULE 3129.1 COMMONWEALTH OF PENNSYVANIA: SS COUNTY OF DELAWARE: JEFFREY L. GOODMAN, attorney for plaintiff in the above action, sets forth as of the date the praecipe for the Writ of Execution was filed the following information concerning the real property located at 2317 Old Gettysburg Pike and 2318 New York Avenue, Township of Lower Allen, Camp Hill, PA 17011: 1. Name and address of owner(s) or reputed owner(s) Knights Of Columbus Council No. 4068 Home Association 2317 Old Gettysburg Pike Camp Hill, PA 17011 2. Name and address of defendant(s) in the judgment: Knights Of Columbus Council No. 4068 Home Association 2317 Old Gettysburg Pike Camp Hill, PA 17011 /0 3. Name and Address of every other person of whom plaintiff has knowledge who has any interest in the property which may be affected by the sale: Cumberland County Domestic Relations P.O. Box 320 Carlisle, PA 17013 PA Department of Public Welfare PO Box 2675 Harrisburg, PA 17105 Bureau of Compliance Clearance Support Section/ ATTN: Sheriffs Sales Dept. 281230 Harrisburg, PA 17129-1230 Tenant/Occupant 2317 Old Gettysburg Pike Camp Hill, PA 17011 Tenant/Occupant 2318 New York Avenue Camp Hill, PA 17011 Attorney General of the United States C/o Assistant Attorney General, Tax Division U.S. Department of Justice P.O. Box 227 Washington, DC 20044 PA. Department of Revenue Inheritance Tax Bureau Strawberry Square, 11 th Floor Harrisburg, Pa. 17128-1100 Cumberland County Register of Wills 1 Courthouse Square Carlisle, PA 17013 Pennfield Corp. Ritter Food Service P.O.Box 4366 Lancaster, PA 17604 Commonwealth of Pennsylvania Bureau of Compliance Dept. 280946 Harrisburg, PA 17128 The McDonough Agency Jack McDonough 270 Eden Road Etters, PA 17319 Ron Turo Richard Koch Turo Law Offices 28 South Pitt Street Carlisle, PA 17013 Knights of Columbus Council No. 4068 C/o Ron Turo Richard Koch Turo Law Offices 28 South Pitt Street Carlisle, PA 17013 Dutys Lock Safe and Security, Inc 4301 Carlisle Pike Camp hill, PA 17011 K & D Factory Service Inc 1833 N. Cameron Street Harrisburg, PA 17103 Lower Allen Township 1993 Hummel Avenue Camp Hill, PA 17011 Lower Allen Township Authority 120 Limekin Road New Cumberland, PA 17070 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Goodman for Plaintiff ALL THAT CERTAIN tract or parcel of land situate in the Township of Lower Allen, County of Cumberland, Commonwealth of Pennsylvania, more particularly bounded and described as follows to wit: BEGINNING at a point at an iron pin, at the intersection of the Southern right-of-way line of the Old Gettysburg Pike (SR 2014; formerly PA Avenue). with the Eastern Right-of-way line of Schuylkill Avenue; thence along the Southern Right-of-way line of the Old Gettysburg Pike South 85 degrees 30 minutes 00 seconds East, a distance of 160.00 feet to a point at an iron pin; thence by lands now or formerly of William P. Feuchtenberger and John H. Broujos, South 04 degrees 30 minutes 00 seconds West, a Northern Right-of-Way line of Nina Alley, a 20 feet wide right-of-way; thence crossing said Nina Alley South 04 degrees 30 minutes 00 seconds West, a distance of 20.00 feet to a point at an iron pin on the Southern right-of-way line of Nina Alley; thence by lands now or formerly of the Grantor herein, South 04 degrees 30 minutes 00 seconds West, a distance of 150.00 feet to a point at an iron pin on the Northern right-of-way line of New York Avenue, thence by same North 85 degrees 30 minutes 00 seconds West, a distance of 120.00 feet to a point at in iron pine; thence by lands of the Grantor herein, North 04 degrees 30 minutes 00 seconds East, a distance of 150.00 feet to a point at an iron pin on the Southern right-of-way line of Nina Alley aforementioned; thence crossing said Nina Alley North 04 degrees 30 minutes 00 seconds East, a distance of 20.00 feet to a point at an iron pin on the Northern right-of-way line of Nina Alley; thence along the Northern Right of way line of Nina Alley North 85 degrees 30 minutes 00 seconds West, a distance of 40.00 feet to a point at an iron pin on the Eastern right-of-way line of Schuylkill Avenue, a 60.0 feet right of way; thence along the Eastern Right-of-way line of Schuylkill Avenue North 04 degrees 30 minutes 00 seconds East, a distance of 150.00 feet to a point at an iron pin on the Southern right-of-way line of the Old Gettysburg Road, said point being the place of beginning. SUBJECT TO a 20.00 feet wide public right-of-way known as Nina Alley. All that certain tract or parcel of land situate in the Township of Lower Allen, Cumberland County, Pennsylvania, more particularly bounded and described as follows: Beginning at a point at the northeast intersection of New York and Schuylkill Avenues; thence running along the northern line of New York Avenue in an easterly direction a distance of forty (40) feet to a point; thence turning at right angles and running in a northerly direction, a distance of one hundred and fifty (150) feet to a point on the south side of Nina Alley; thence turning at right angles and pinning along the southern line of Nina Alley, in a westerly direction a distance of forty (40) feet to a point at the intersection of Nina Ailey and Schuylkill Avenue; and thence turning at right angles and running along the eastern line of Schuylkill Avenue in a southerly direction, a distance of one hundred and fifty (150) feet to a point. the Place of Beginning. Being Lot No. 115 on a Plan of land as laid out by Columbian Land Improvement Company, said Plan being recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania in Misc. Book 14 at Page 287. All that certain lot or tract of land situate in the Township of Lower Allen, Cumberland County, Pennsylvania, more particularly bounded and described as follows: Beginning at a point on the northerly side of New York Avenue, 40 feet east of the northeast intersection of Schuylkill Avenue and New York Avenue; thence in an easterly direction along the northern side of New York Avenue, 120 feet to a point; thence at right angle to New York Avenue north 150 feet to a point on the southerly side of Nina Alley; thence along the southerly side of Nina Alley in a westerly direction 120 feet to a point; thence at right angle to Nina Alley, south 150 feet to a point on the northerly side of New York Avenue, the place of beginning. Being Lots No. 112, 113 and 114 on a Plan of Lots laid out by the Columbian Land Improvement Company of Harrisburg, Pennsylvania and recorded in the office of Recorder of Deeds in and for Cumberland County in Old Plan Book 1, page 80. Tax Parcel 13-23-0549-053 assessed as 2713 Old Gettysburg Pike Tax Parcel #13-23-0549-054 assessed as 2318 New York Avenue and Tax Parcel #13-23-0549-054/02 (as to part) Sovereign Bank Jeffrey L. Goodman, Esquire 2 Aldwyn Lane Villanova, PA 19085 610-526-6313 Attorney ID # 62689 Attorney for Plaintiff SOVEREIGN BANK Plaintiff VS. KNIGHTS OF COLUMBUS COUNCIL NO. 4068 HOME ASSOCIATION Defendant COURT OF COMMON PLEAS CUMBERLAND COUNTY NO: 2006-03994 THIS IS AN ATTEMPT TO COLLECT A DEBT ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: Knights Of Columbus Council No. 4068 Home Association 2317 Old Gettysburg Pike Camp Hill, PA 17011 Knights Of Columbus Council No. 4068 Home Association 2317 Old Gettysburg Pike and 2318 New York Avenue Camp Hill, PA 17011 Your house and/or real estate at 2317 Old Gettysburg Pike and 2318 New York Avenue, Camp Hill, PA 17011 is scheduled to be sold by the Sheriff of Cumberland County at Sheriff's Sale on March 5, 2008 at 10:00 am at One Courthouse Square, Carlisle PA 17013 to enforce the court judgment of $531,352.98 obtained by Sovereign Bank against you. NOTICE OF OWNERS RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale you must take IMMEDIATE action: 1. The sale will be cancelled if you pay to Sovereign Bank the balance due plus interest, late charges, and attorney's fees and costs due. To find out how much you must pay, you may call (610) 988-1926. 2. You may ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may contact an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the bid price by calling (610)520-6925. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of the property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened you may call the Sheriff s Office. 4. If the amount due from the buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have a right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff on a date to be announced by the Sheriff. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the Schedule of Distribution is posted. 7. You may also have other rights and defenses, or ways of getting your house back, if you act immediately after the sale. 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 LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Lawyer Referral Service Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 1-800-990-9108 Sovereign Bank Jeffrey L. Goodman, Esquire 2 Aldwyn Lane Villanova, PA 19085 610-526-6313 Attorney ID # 62689 Attorney for Plaintiff SOVEREIGN BANK Plaintiff VS. COURT OF COMMON PLEAS CUMBERLAND COUNTY NO: 2006-03994 KNIGHTS OF COLUMBUS COUNCIL NO. 4068 HOME ASSOCIATION Defendant CLAIM FOR EXEMPTION To the Sheriff: I, the above named defendant, claim exemption of property from levy or attachment: (1) From my real property in my possession which has been levied upon, (a) I desire that my $300.00 statutory exemption be set-aside in kind (specify real property to be set-aside in kind): I request a prompt court hearing to determine the exemption. Notice of the hearing should be given to me at (Address) (Telephone Number) I verify that the statements made in this Claim for Exemption are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unworn falsification to authorities. Date: Signature THIS CLAIM TO BE FILED WITH THE OFFICE OF THE SHERIFF One Courthouse Square, Carlisle PA 17013 1-888-697-0371 Ext. 6390 ALL THAT CERTAIN tract or parcel of land situate in the Township of Lower Allen, County of Cumberland, Commonwealth of Pennsylvania, more particularly bounded and described as follows to wit: BEGINNING at a point at an iron pin, at the intersection of the Southern right-of-way line of the Old Gettysburg Pike (SR 2014; formerly PA Avenue). with the Eastern Right-of-way line of Schuylkill Avenue; thence along the Southern Right-of-way line of the Old Gettysburg Pike South 85 degrees 30 minutes 00 seconds East, a distance of 160.00 feet to a point at an iron pin; thence by lands now or formerly of William P. Feuchtenberger and John H. Broujos, South 04 degrees 30 minutes 00 seconds West, a Northern Right-of-Way line of Nina Alley, a 20 feet wide right-of-way; thence crossing said Nina Alley South 04 degrees 30 minutes 00 seconds West, a distance of 20.00 feet to a point at an iron pin on the Southern right-of-way line of Nina Alley; thence by lands now or formerly of the Grantor herein, South 04 degrees 30 minutes 00 seconds West, a distance of 150.00 feet to a point at an iron pin on the Northern right-of-way line of New York Avenue, thence by same North 85 degrees 30 minutes 00 seconds West, a distance of 120.00 feet to a point at in iron pine; thence by lands of the Grantor herein, North 04 degrees 30 minutes 00 seconds East, a distance of 150.00 feet to a point at an iron pin on the Southern right-of-way line of Nina Alley aforementioned; thence crossing said Nina Alley North 04 degrees 30 minutes 00 seconds East, a distance of 20.00 feet to a point at an iron pin on the Northern right-of-way line of Nina Alley; thence along the Northern Right of way line of Nina Alley North 85 degrees 30 minutes 00 seconds West, a distance of 40.00 feet to a point at an iron pin on the Eastern right-of-way line of Schuylkill Avenue, a 60.0 feet right of way; thence along the Eastern Right-of-way line of Schuylkill Avenue North 04 degrees 30 minutes 00 seconds East, a distance of 150.00 feet to a point at an iron pin on the Southern right-of-way line of the Old Gettysburg Road, said point being the place of be ginning. SUBJECT TO a 20.00 feet wide public right-of-way known as Nina Alley. All that certain tract or parcel of land situate in the Township of Lower Allen, Cumberland County, Pennsylvania, more particularly bounded and described as follows: Beginning at a point at the northeast intersection of New York and Schuylkill Avenues; thence running along the northern line of New York Avenue in an easterly direction a distance of forty (40) feet to a point; thence turning at right angles and running in a northerly direction, a distance of one hundred and fifty (150) feet to a point on the south side of Nina Alley; thence turning at right angles and running along the southern line of Nina Alley, in a westerly direction a distance of forty (40) feet to a point at the intersection of Nina. Ailey and Schuylkill Avenue; and thence turning at right angles and running along the eastern line of Schuylkill Avenue in a southerly direction, a distance of one hundred and fifty (150) feet to a point. the Place of Beginning. Being Lot No. 115 on a Plan of land as laid out by Columbian Land Improvement Company, said Plan being recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania in Misc. Book 14 at Page 287. All that certain lot or tract of land situate in the Township of Lower Allen, Cumberland County, Pennsylvania, more particularly bounded and described as follows: Beginning at a point on the northerly side of New York Avenue, 40 feet east of the northeast intersection of Schuylkill Avenue and New York Avenue; thence in an easterly direction along the northern side of New York Avenue, 120 feet to a point; thence at right angle to New York Avenue north 150 feet to a point on the southerly side of Nina Alley; thence along the southerly side of Nina Alley in a westerly direction 120 feet to a point; thence at right angle to Nina Alley, south 150 feet to a point on the northerly side of New York Avenue, the place of beginning. Being Lots No. 112, 113 and 114 on a Plan of Lots laid out by the Columbian Land Improvement Company of Harrisburg, Pennsylvania and recorded in the office of Recorder of Deeds in and for Cumberland County in Old Plan Book 1, page 80. Tax Parcel 13-23-0549-053 assessed as 2713 Old Gettysburg Pike Tax Parcel #13-23-0549-054 assessed as 2318 New York Avenue and Tax Parcel #13-23-0549-054/02 (as to part) WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) N02006-3994 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due Sovereign Bank Plaintiff (s) From Knights of Columbus Council No. 4068 Home Association (1) You are directed to levy upon the property of the defendant (s)and to sell 2317 Old Gettysburg Pike and 2318 New York Avenue, Camp Hill, PA 17011 (Knights of Columbus) See legal description . (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof, (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $531,352.98 L.L. $.50 Interest Per Diem interest from 6/17/06 until paid in full including post judgment per contract Atty's Comm % Atty Paid $22.00 Plaintiff Paid $64.71 Due Prothy $2.00 Other Costs Date: October 30, 2007 (Seal) REQUESTING PARTY: Name Jeffrey L. Goodman, Esq. Address: MC-20-536-ARO Two Aldwyn Center Villanova, PA 19085-1420 Attorney for: Sovereign Bank Curtis R. Long, Prothonotary-By: Deputy Telephone: 610-526-6313 Supreme Court ID No. 62689 Real Estate Sale #36 On November 7, 2007 the Sheriff levied upon the defendant's interest in th+r real property situated in Lower Allen Township, Cumberland County, PA Known and numbered as 2317 Old Gettysburg Pike and 2318 New York Avenue, Camp Hill, more fully described on Exhibit "A" 0- filed with this writ and by this reference incorporated herein. Date: November 7, 2007 By:c? c , n Real Estate Sergeant PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May l 6, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND Ss. Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: January 25, February 1 and February 8, 2008 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that al l allegations in the foregoing statements as to time, place and character of publication are true. Marie Covnel Editor S WORN TO AND SUBSCRIBED before me this 8 day of February, 2008 Notary NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BORO. CUMBERLAND COUNTY MY Commission Expires Apr 28. 2010 ......r •,., fit's NO. 36 All that certain tract or parcel of land situate in the Township of Lower Writ No. 2006-3994 Civil Allen, Cumberland County, Penn- Sovereign Bank sylvania, more particularly bounded vs. and described as follows: Knights of Columbus Council Beginning at a point at the north- No. 4068 Home Association east intersection of New York and Atty.: Jeffrey Goodman Schuylkill Avenues; thence running along the northern line of New York DESCRIPTION Avenue in an easterly direction a ALL THAT CERTAIN tract or par- distance of forty (40) feet to a point; cel of land situate in the Township of thence turning at right angles and Lower Allen, County of Cumberland, Commonwealth of Pennsylvania, running in a northerly direction, a distance of one hundred and fifty more particularly bounded and de- (150) feet to a point on the south scribed as follows to wit: side of Nina Alley; thence turning BEGINNING at a point at an at right angles and running along iron pin, at the intersection of the the southern line of Nina Alley, in a Southern right-of-way line of the Old westerly direction a dunce of forty Gettysburg Pike (SR 2014; formerly (40) feet to a point at the intersection PA Avenue) with the Eastern Right-of- of Nina Alley and Schuylkill Avenue; way line of Schuylkill Avenue; thence along the Southern Right-of-way line and thence turning at right angles and running along the eastern line of the Old Gettysburg Pike South 85 of Schuylkill Avenue in a southerly degrees 30 minutes 00 seconds East, a distance of one hundred direction a distance of 160.00 feet to a point , and fifty (150) feet to a point, the at an iron pin; thence by lands now Place of Beginning. or formerly of William P. Feuchten- Being Lot No. 115 on a Plan of berger and John H. Broujos, South land as laid out by Columbian Land 04 degrees 30 minutes 00 seconds Improvement Company, said Plan West, a Northern Right-of-Way line being recorded in the Office of the of Nina Alley, a 20 feet wide right- Recorder of Deeds in and for Cumber- of-way; thence crossing said Nina land County, Pennsylvania in Misc. Alley South 04 degrees 30 minutes Book 14 at Page 287. 00 seconds West, a distance of 20.00 All that certain lot or tract of land feet to a point at an iron pin on the situate in the Township of Lower Al- Southern right-of-way line of Nina Cumberland County, Pennsylva- thence by leads now or for- Alley; more particularly bounded and nia merly rly of the Grantor hrregn, south , described as follows: 04 degrees 30 minutes 00 seconds Beginning at a point an the north- e west' a distance of 150.00 fret a of New York Avenue, 40 feet erly side point at an iron pin on n th the Northern east of the northeast intersection of right-of-way line of New York Avenue, Schuylkill Avenue and New York Av- thence by same North 85 degrees 30 enue; thence in an easterly direction minutes 00 seconds West, a distance along the northern side of New York of 120.00 feet to a point at in iron 120 feet to a point; thence Avenue pine; thence by lands of the Grantor , at right angle to New York Avenue herein, North 04 degrees 30 minutes north 150 feet to a point on the 00 seconds East, a distance of 150.00 southerly side of Nina Alley; thence feet to a point at an iron pin on the along the southerly side of Nina Alley Southern right-of-way line of Nina Al- in a westerly direction 120 feet to a ley aforementioned; thence crossing point; thence at right angle to Nina said Nina Alley North 04 degrees 30 Alley, south 150 feet to a point on the minutes 00 seconds East, a distance northerly side of New York Avenue, of 20.00 feet to a point at an iron pin the place of beginning. on the Northern right-of-way line of Being Lots No. 112, 113 and 114 Nina Alley' • thence along the Northern on a Plan of Lots laid out by the Co- Right of way line of Nina Alley North lumbian Land Improvement Compa- degrees 30 minutes 00 seconds ny of Harrisburg, Pennsylvania and W feet to West, a distance of 40.00 recorded in the office of Recorder of th point at an iron pin o on n the Eastern Deeds in and for Cumberland County right-of--way line of Schuylkill Av- Book 1, page ge 80. Plan in Old 80. enue, a 60.0 feet right of way; thence as- 13-23-0549-053 Parcel Tax el alongtheEastern Right-of-way line of 13 Old Gettysburg sessed as Schuylkill Avenue North 04 degrees Pike. 30 minutes 00 seconds East, a dis- Tax Parcel #13-23-0549-054 as- tance of 15000 feet to a point at an sessed as 2318 New York Avenue iron pin on the Southern right-of-way and Tax Parcel # 13-23-0549-054 / 02 line of the Old Gettysburg Road, said (as to part). point being the place of beginning. SUBJECT TO a 20.00 feet wide public right-of-way known as Nina TF Patriot-News Co. 812 Market St. Harrisburg, PA 17101 Inquiries - 717-255-8292 CUMBERLAND COUNTY SHERIFFS OF CUMBERLAND COUNTY COURT HOUSE CARLISLE PA 17013 the ?latriot News Now you know THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss Joseph A. Dennison, being duly sworn according to law, deposes and says: That he is the Assistant Controller of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Metro editions which appeared on the date(s) indicated below. That neither he nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. PUBLICATION COPY This ad ran on the date(s) shown below: 01/30/08 02/06/08 02/13108 ......... iribed ............. Sworn to an before me is 25yo(,Rebruary, 2008 A.D. Notary Public COMMONWEALTH OF PENNSYLVANIA Notarial Seal Sherrie L. Kisner, Notary Public City Of Harrisburg; Oauphin County My C.arivnieabn Vires Nov. 26, 2011 Member, Pennsylvania Association of Notaries REAL ESTATE SALE NO. 36 Writ No. 2006-3994 Civil Term Sovereign Bank VS Knights of Columbus Council No. 4068 Home Association Attorney Jeffrey Goodman DESCRIPTION ALL THAT CERTAIN tract or parcel of land situate in the Township of Lower Allen. County of Cumberland Commonwealth of Pennsylvania, more particularly bounded and described as follows to wit: BEGINNING at a point at an iron pin, at the intersection of the Southern right-of-way line of the Old Gettysburg Pike 1SR 2014: formerly PA Avenue) with the Eastern Right-of-way line of Schuylkill Avenue: thence along the Southern Right-of-way line of the Old Gettysburg Pike South 85 degrees 30 minutes 00 seconds East. a distance of 16000 feet to a point at an iron pin: thence by lands now, or formerly of William P. Feuchtenberger and John H. Broujos, South 04 degrees 30 minutes 00 seconds West, a Northern Right-of-Way line of Nina Alley. a 20 feet wide eight-of--way: thence crossing said Nina Alley South 04 degrees 30 minutes 00 seconds West, a distance of 20.00 feet to a point at an iron pin on the Southern right-of-way line of Nina Alley: thence by lands now or formerly of the Grantor herein, South 04 degrees 30 minutes 00 seconds West. a distance of 150.00 feet to a point at an iron pin on the Northern right-of-way line of New York Avenue. thence by same North 85 degrees 30 minutes 00 seconds West, a distance of 120,00 feet to a point at in iron pine: thence by lands of the Grantor herein. North 04 degrees 30 minutes 00 seconds East, a distance of t50.00 feet to a point at an iron pin on the Southern right-of-way line of Nina Alley aforementioned: thence crossing said Nina Alley North 04 degrees 30 minutes 00 seconds East. a distance of 20.0(1 feet to a point at an iron pin on the Northern right-of-way line of Nina Alley: tF. ice along the Northern Right of way line of Niua Alley North 85 degrees 30 minutes 00 seconds West, a distance of 40.00 feet to a point at an iron pin on the Eastern right-of-way line of Schuylkill Avenue. a 60.0 feet right of way: thence along the Eastern Right-of-way tine of Schuylkill Avenue North 04 degrees 30 minutes 00 seconds East, a distance of 150.00 feet to a point at an iron pin on the Southern right-0f--way line of the Old Gettysburg Road, said point being the place of beginning. SUBJECT TO a 20.00 feet wide public right-of- way known as Nina Alley. All that certain tract or parcel of lend suoatc in the Township of Lower Allen, Cumberland County, Pennsylvania, more particularly bounL:d and described as follows: Beginning at a point at the northeast intersection of New York and Schuylkill Avenues; thence rn2:ing along the northern line of New York Avenue in an easterly direction a distance of forty (40) feet to a point; thence turning at right angles and running in a northerly direction, a distance of one hundred and fifty (150) feet to a point on the south side of Nina Alley: thence turning at right angles and running along the southern line of Nina Alley, in a westerly direction a distance of forty (40) feet to a point at the intersection of Nina Alley and Schuylkill Avenue; and thence turning at right angles and running along the eastern line of Schuylkill Avenue in a southerly direction, a distance of one hundred and fifty (150) feet to a point. the Place of Beginning. Being Lot No. 115 on a Plan of land as laid out by Columbian Land Improvement Company. said Plan being recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania in Misc. Book 14 at Page 287. All that certain lot or tract of land situate in the Township of Lower Allen, Cumberland Coumv Pennsylvania, more particularly bounded and described as follows: Beginning at a point on the northerly side of New York Avenue, 40 feet east of the northeast intersection of Schuylkill Avenue and New York Avenue; thence in an easterly direction along the northern side of New York Avenue, 120 feet to a point; thence at right angle to New York Avenue north 150 feet to a point on the southerly side of Nina Alley; thence along the southerly side of Nina Alley in a westerly direction 120 feet to a point; thence at right angle to Nina Alley. south 150 feet to a point on the northerly side of New York Avenue, the place of beginning. Being Lots No. 112, 113 and 114 on a Plan of L, 's laid out by the Columbian Land Improvement Company of Harrisburg. Pennsylvania and recorded in the office of Recorder of Deeds in and for Cumberland -,m;rty in Old Plan Book 1. page 80. Tax Parcel 13-23-0549-053 assessed as 2713, Old Gettysburg Pike Tax Parcel #13-23-0549-054 assessed as ?318 New York Avenue and Tax Parcel #13-23-0549- 05402 (as to part)