Loading...
HomeMy WebLinkAbout07-1247BEST ROOFING IN THE COURT OF COMMON PLEAS OF TECHNOLOGY, INC., CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. NO. 2007- JERRY M. TROLINGER and CIVIL ACTION-LAW VILLAGECRAFT FACTORY DIRECT, INC., CONFESSION OF JUDGMENT Defendants CONFESSION OF JUDGMENT Pursuant to the authority contained in the warrant of attorney, the original or a copy of which is attached to the complaint filed in this action, I appear for the defendants and confess judgment in favor of the plaintiff and against defendants as follows: Principal $19,973.00 Interest to 03/06/07 $ 242.72 ($3.28 per diem) Attorney Fees 2,995.95 TOTAL: $23,211.67 David A. Baric, Esquire Attorney for Plaintiff VERIFICATION I verify that the statements made in the foregoing Confession Of Judgment are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904, relating to unsworn falsification to authorities. David A. Baric, Esquire DATED: U 3 ?7 D-7 CERTIFICATE OF SERVICE I hereby certify that on March 7, 2007, I, David A. Baric, Esquire of O'Brien, Baric & Scherer, did serve a copy of the Confession Of Judgment, by first class U.S. mail, postage prepaid, to the parties listed below, as follows: Jerry M. Trolinger VillageCraft Factory Direct, Inc. 2551 Spring Road 2551 Spring Road Carlisle, Pennsylvania 17013 Carlisle, Pennsylvania 17013 G David A. Baric, Esquire BEST ROOFING TECHNOLOGY, INC., Plaintiff V. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2007- JERRY M. TROLINGER and CIVIL ACTION-LAW VILLAGECRAFT FACTORY DIRECT, INC., CONFESSION OF JUDGMENT Defendants COMPLAINT IN CONFESSION OF JUDGMENT NOW, comes Plaintiff, Best Roofing Technology, Inc., by and through its attorneys, O'BRIEN, BARIC & SCHERER, and files the within Complaint and, in support thereof, sets forth the following: 1. The principal business of address of Best Roofing Technology, Inc., is 1462 Trindle Road, Carlisle, Cumberland County, Pennsylvania 17013. 2. The last known address for Defendant, Jerry M. Trolinger, 2551 Spring Road, Carlisle, Cumberland County, Pennsylvania 17013. 3. Defendant, VillageCraft Factory Direct, Inc. is a Pennsylvania Corporation with a registered address of 2551 Spring Road, Carlisle, Cumberland County, Pennsylvania 17013. 4. On or about December 22, 2006, Defendant, Jerry M. Trolinger executed a Promissory Note payable to Best Roofing Technology, Inc. A true and correct copy of the Promissory Note is attached hereto as Exhibit "A" and is incorporated by reference. 5. On or about December 22, 2006, VillageCraft Factory Direct, Inc. executed a Promissory Note payable to Best Roofing Technology, Inc. A true and correct copy of the Promissory Note is attached hereto as Exhibit "B" and is incorporated by reference. 6. Judgment is not being entered by confession against a natural person in connection with a consumer transaction. 7. Demand has been made on Defendant to pay the amount due and owing under the Promissory Note and she has, without justification, failed and refused to pay. 7. Judgment has not been entered on the Promissory Note in any other jurisdiction. 8 The amount due and owing is calculated as follows: Principal $19,973.00 Interest to 03/06/07 $ 242.72 ($3.28 per diem) Attorney Fees 2,995.95 TOTAL: $23,211.67 WHEREFORE, Plaintiff requests judgment as authorized by the warrant in the amount of $23,211.67. Respectfully submitted, EN, BARIC SCHE r David A. Baric, Esquire I.D. # 44853 19 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 Attorney for Plaintiff, Best Roofing Technology, Inc. dab. d it/corpo rate/bestroofing/lee/confession/confessioncomplaint. pld $29,973.00 December 1L,, 2006 NOTE Jerry M. Trolinger of 2551 Spring Road, Carlisle, Cumberland County, Pennsylvania, ("Maker"), for value received, promises to pay to the Best Roofing Technology Inc., ("Payee"), the sum of TWENTY NINE THOUSAND NINE HUNDRED SEVENTY THREE AND 00/100 ($29,973.00) DOLLARS, without interest. Payments shall be made in the amount of TEN THOUSAND AND 00/100 ($10,000.00) contemporaneously with the signing of this Note and the balance payable in the amount of FOUR HUNDRED AND 00/100 ($400.00) per month with the first payment being due on the first day of December and then the first day of each month thereafter until paid in full. All sums, however, must be paid in full no later then March 1, 2007. Should Maker be late on any one payment, interest shall become due and payable from the date of this Judgment Note in addition to all the remaining principal based on the principal amount of $29.973.00 at the rate of (6%) per annum. Maker shall have the right of prepayment of this Note, in whole or in part, at any time and from time to time, without penalty. AND FURTHER, MAKER DOES HEREBY AUTHORIZE AND EMPOWER ANY ATTORNEY-AT-LAW, CLERK OF COURT OR PROTHONOTARY OR ANY COURT OF RECORDS OF PENNSYLVANIA, OR ELSEWHERE, UPON DEFAULT, TO APPEAR FOR MAKER IN ANY SUCH COURT AND TO CONFESS JUDGMENT AGAINST MAKER IN FAVOR OF PAYEE, FOR ALL SUMS DUE OR TO BECOME DUE BY MAKER TO PAYEE UNDER THIS NOTE, WITH COSTS OF SUIT AND RELEASE OF ERRORS WITHOUT STAY OF EXECUTION, TOGETHER WITH REASONABLE ATTORNEY FEES UP TO FIFTEEN (15) PERCENT OF ALL SUMS DUE HEREIN, AND FURTHER WAIVES THE RIGHT OF INQUISITION ON ANY REAL ESTATE THAT MAY BE LEVIED UPON UNDER SUCH JUDGMENT AND HEREBY VOLUNTARILY CONDEMN THE SAME, AND FURTHER AUTHORIZE THE PROTHONOTARY OR CLERK OF COURT TO ENTER UPON ANY WRIT OF EXECUTION SAID CONDEMNATION, AND THEY FURTHER AGREE THAT SAID REAL ESTATE MAY BE SOLD UPON A WRIT OF EXECUTION, AND THEY HEREBY WAIVE AND RELEASE ALL RELIEF FROM ANY AND ALL APPRAISEMENT, STAY OR EXCEPTION LAWS OF ANY STATE, NOW IN FORCE OR HEREAFTER TO BE PASSED, AND FOR DOING SO THIS NOTE OR A COPY VERIFIED BY AFFIDAVIT SHALL BE SUFFICIENT WARRANT. SUCH AUTHORITY AND POWER SHALL NOT BE EXHAUSTED BY ANY EXERCISE THEREOF, AND JUDGMENT MAY BE CONFESSED AS AFORESAID FROM TIME TO TIME AS OFTEN AS THERE IS OCCASION THEREFOR. EXHIBIT "A" THE REMEDIES OF THE PAYEE AS PROVIDED HEREIN SHALL BE CUMULATIVE AND CONCURRENT AND MAY BE PURSUED SINGLY, SUCCESSIVELY OR TOGETHER AGAINST MAKER AND/OR ANY PROPERTY PLEDGED OR ASSIGNED TO PAYEE AS SECURITY FOR THIS NOTE, AT THE SOLE DISCRETION OF PAYEE, AND SUCH REMEDIES SHALL NOT BE EXHAUSTED BY ANY EXERCISE THEREOF BUT MAY BE EXERCISED AS OFTEN AS OCCASIONS THEREOF SHALL OCCUR. Maker hereby waives and releases all errors, defects and imperfections in any proceedings instituted by Payee under the terms of this note, as well as all benefit that might accrue to Maker by virtue of any present or future laws exempting any of maker's property, real or personal, or any part of the proceeds arising from any sale of such property, from attachment, levy or sale under execution or providing for any stay of execution, exemption from civil process or extension of time for payment, as well as the right of inquisition on any real estate that may be levied upon under a judgment obtained by virtue hereof, and Maker hereby voluntarily condemns the same and authorizes the entry of such voluntary condemnation on any writ of execution issued thereon, and agrees that such real estate may be sold upon any such writ in whole or in part in any order desired by Payee. Maker waives presentment for payment, demand, notice of nonpayment, notice of protest and protest of this Note, and all other notices in connection with the delivery, acceptance, performance, default or enforcement of the payment of this Note, and he agrees that his liability shall be unconditional without regard to the liability of any other party and shall not be in any manner affected by an indulgence, extension of time, renewal, waiver or modification granted or consented to by Payee; and maker consents to any and all extensions of time, renewal, waiver or modification granted or consented to by Payee with respect to the payment or other provisions of this Note, and to the release of any property now or hereafter securing this Note with or without substitution, and agrees that additional makers, endorsers, guarantors or sureties may become parties hereto without notice to him or affecting his liability hereunder. Payee shall not by any act of omission or commission be deemed to have waived any of its rights or remedies hereunder unless such waiver be in writing and signed by Payee, and then only to the extent specifically set forth therein; a waiver on one (1) event shall not be construed as continuing or as a bar to or waiver of such right or remedy on a subsequent event. If any provision hereof is found by a court of competent jurisdiction to be prohibited or unenforceable, it shall be ineffective only to the extent of such prohibition or unenforceability, and such prohibition or unenforceability shall not invalidate the balance of such provision to the extent it is not prohibited or unenforceable, nor invalidate the other provisions hereof, all of which shall be liberally construed in favor of Payee in order to effect the provisions of this Note. The words "Payee" and "Maker" whenever occurring herein shall be deemed and construed to include the respective successors and assigns of Payee and Maker. This instrument shall be construed according to and governed by the laws of the Commonwealth of Pennsylvania. THIS NOTE SETS FORTH A WARRANT OF AUTHORITY FOR AN ATTORNEY TO CONFESS JUDGMENT AGAINST THE MAKER. IN GRANTING THIS WARRANT OF ATTORNEY TO CONFESS JUDGMENT AGAINST THE MAKER, THE MAKER HEREBY KNOWINGLY, INTENTIONALLY AND VOLUNTARILY UNCONDITIONALLY WAIVES ANY AND ALL RIGHTS THE MAKER HAS OR MAY HAVE TO PRIOR NOTICE AND AN OPPORTUNITY FOR HEARING UNDER THE RESPECTIVE CONSTITUTIONS AND LAWS OF THE UNITED STATES AND THE COMMONWEALTH OF PENNSYLVANIA. THE MAKER FURTHER REPRESENTS THAT THIS DEBT IS IN CONNECTION WITH A BUSINESS TRANSACTION, AND THAT MAKER HAS HAD THE OPPORTUNITY TO BE REPRESENTED BY LEGAL COUNSEL IN CONNECTION HEREWITH. IN WITNESS WHEREOF, Maker has duly executed"this Note as of the day and year first above mentioned. ESS: DISCLOSURE FOR CONFESSION OF JUDGMENT I AM EXECUTING, THIS DAY OF L. c j"-, ) 2006, A PROMISSORY NOTE FOR $10,000.00 OBLIGATIN ME TO REPAY THAT AMOUNT. A. I UNDERSTAND THAT THE NOTE CONTAINS A CONFESSION OF JUDGMENT PROVISION THAT WOULD PERMIT PAYEE TO ENTER JUDGMENT AGAINST ME IN COURT, AFTER A DEFAULT ON THE NOTE, WITHOUT ADVANCE NOTICE TO ME AND WITHOUT OFFERING ME AN OPPORTUNITY TO DEFEND AGAINST THE ENTRY OF JUDGMENT. IN EXECUTING THE NOTE, BEING FULLY AWARE OF MY RIGHTS TO ADVANCE NOTICE AND TO A HEARING TO CONTEST THE VALIDITY OF ANY JUDGMENT OR OTHER CLAIMS THAT PAYEE MAY ASSERT AGAINST ME UNDER THE NOTE, I 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 PAYEE'S ENTERING JUDGMENT AGAINST ME BY CONFESSION AS PROVIDED FOR IN THE CONFESSION OF JUDGMENT PROVISION. INITIALS: B. I FURTHER UNDERSTAND THAT IN ADDITION TO GIVING PAYEE THE RIGHT TO ENTER JUDGMENT AGAINST ME WITHOUT ADVANCE NOTICE OR A HEARING, THE CONFESSION OF JUDGMENT PROVISION IN THE NOTE ALSO CONTAINS LANGUAGE THAT WOULD PERMIT PAYEE, AFTER ENTRY OF JUDGMENT, TO EXECUTE ON THE JUDGMENT BY FORECLOSING UPON, ATTACHING, LEVYING ON, TAKING POSSESSION OF OR OTHERWISE SEIZING MY PROPERTY, IN FULL OR PARTIAL PAYMENT OF THE JUDGMENT. HOWEVER, PAYEE MUST PROVIDE NOTICE TO ME 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 ENTERED AND BEFORE EXECUTION ON THE JUDGMENT, I AM KNOWINGLY, INTELLIGENTLY AND VOLUNTARILY WAIVING THESE RIGHTS, AND I EXPRESSLY AGREE AND CONSENT TO PAYEE'S EXECUTING ON THE JUDGMENT, IN ANY MANS PERMITTED BY APPLICABLE STATE AND FEDERAL LAW. INITIALS: C. I WAS REPRESENTED BY MY OWN INDEPENDENT LEGAL COUNSEL IN CONNECTION WITH THE NOTE OR CHOSE TO NOT HAVE INDEPENDENT LEGAL ADVICE. INITIALS:- 1 AF ANTS: (SEAL) JERRY . TRO INGER COMMONWEALTH OF PENNSYLVANIA : SS COUNTY OF CUMBERLAND On this, the day oi- CP , 2006, before me, the undersigned officer, personally appeared JERRY M. TROLINGER, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that he executed same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto?sdf- hand and official seal. r,QN; 1T!kNEALTH OF PE"JMSYLVANIA. f'V ~ NOTARIAL SEAL SAMUEL P. MANNINO. NOTARY PUBLIC F HUSON TVJP., CENTRE COUNTY 'OMIMISSION EXPIRES FEBRUARY 04, 20M,, j N 3. 1 V LLl? $29,973.00 December 2006 NOTE Jerry M. Trolinger on behalf of VillageCraft Factory Direct, Inc., of 2551 Spring Road, Carlisle, Cumberland County, Pennsylvania, ("Maker"), for value received, promises to pay to the Best Roofing Technology Inc., ("Payee"), the sum of TWENTY NINE THOUSAND NINE HUNDRED SEVENTY THREE AND 00/100 ($29,973.00) DOLLARS, without interest. Payments shall be made in the amount of TEN THOUSAND AND 00/100 ($10,000.00) contemporaneously with the signing of this Note and the balance payable in the amount of FOUR HUNDRED AND 00/100 ($400.00) per month with the first payment being due on the first day of December and then the first day of each month thereafter until paid in full. All sums, however, must be paid in full no later then March 1, 2007. Should Maker or be late on any one payment, interest shall become due and payable from the date of this Judgment Note in addition to all the remaining principal based on the principal amount of $29.973.00 at the rate of (6%) per annum. Maker shall have the right of prepayment of this Note, in whole or in part, at any time and from time to time, without penalty. AND FURTHER, MAKER DOES HEREBY AUTHORIZE AND EMPOWER ANY ATTORNEY-AT-LAW, CLERK OF COURT OR PROTHONOTARY OR ANY COURT OF RECORDS OF PENNSYLVANIA, OR ELSEWHERE, UPON DEFAULT, TO APPEAR FOR MAKER IN ANY SUCH COURT AND TO CONFESS JUDGMENT AGAINST MAKER IN FAVOR OF PAYEE, FOR ALL SUMS DUE OR TO BECOME DUE BY MAKER TO PAYEE UNDER THIS NOTE, WITH COSTS OF SUIT AND RELEASE OF ERRORS WITHOUT STAY OF EXECUTION, TOGETHER WITH REASONABLE ATTORNEY FEES UP TO FIFTEEN (15) PERCENT OF ALL SUMS DUE HEREIN, AND FURTHER WAIVES THE RIGHT OF INQUISITION ON ANY REAL ESTATE THAT MAY BE LEVIED UPON UNDER SUCH JUDGMENT AND HEREBY VOLUNTARILY CONDEMN THE SAME, AND FURTHER AUTHORIZE THE PROTHONOTARY OR CLERK OF COURT TO ENTER UPON ANY WRIT OF EXECUTION SAID CONDEMNATION, AND THEY FURTHER AGREE THAT SAID REAL ESTATE MAY BE SOLD UPON A WRIT OF EXECUTION, AND THEY HEREBY WAIVE AND RELEASE ALL RELIEF FROM ANY AND ALL APPRAISEMENT, STAY OR EXCEPTION LAWS OF ANY STATE, NOW IN FORCE OR HEREAFTER TO BE PASSED, AND FOR DOING SO THIS NOTE OR A COPY VERIFIED BY AFFIDAVIT SHALL BE SUFFICIENT WARRANT. SUCH AUTHORITY AND POWER SHALL NOT BE EXHAUSTED BY ANY EXERCISE THEREOF, AND JUDGMENT MAY BE CONFESSED AS AFORESAID FROM TIME TO TIME AS OFTEN AS THERE IS OCCASION THEREFOR. EXHIBIT "B" THE REMEDIES OF THE PAYEE AS PROVIDED HEREIN SHALL BE CUMULATIVE AND CONCURRENT AND MAY BE PURSUED SINGLY, SUCCESSIVELY OR TOGETHER AGAINST MAKER AND/OR ANY PROPERTY PLEDGED OR ASSIGNED TO PAYEE AS SECURITY FOR THIS NOTE, AT THE SOLE DISCRETION OF PAYEE, AND SUCH REMEDIES SHALL NOT BE EXHAUSTED BY ANY EXERCISE THEREOF BUT MAY BE EXERCISED AS OFTEN AS OCCASIONS THEREOF SHALL OCCUR. Maker hereby waives and releases all errors, defects and imperfections in any proceedings instituted by Payee under the terms of this note, as well as all benefit that might accrue to Maker by virtue of any present or future laws exempting any of maker's property, real or personal, or any part of the proceeds arising from any sale of such property, from attachment, levy or sale under execution or providing for any stay of execution, exemption from civil process or extension of time for payment, as well as the right of inquisition on any real estate that may be levied upon under a judgment obtained by virtue hereof, and Maker hereby voluntarily condemns the same and authorizes the entry of such voluntary condemnation on any writ of execution issued thereon, and agrees that such real estate may be sold upon any such writ in whole or in part in any order desired by Payee. Maker waives presentment for payment, demand, notice of nonpayment, notice of protest and protest of this Note, and all other notices in connection with the delivery, acceptance, performance, default or enforcement of the payment of this Note, and he agrees that his liability shall be unconditional without regard to the liability of any other party and shall not be in any manner affected by an indulgence, extension of time, renewal, waiver or modification granted or consented to by Payee; and maker consents to any and all extensions of time, renewal, waiver or modification granted or consented to by Payee with respect to the payment or other provisions of this Note, and to the release of any property now or hereafter securing this Note with or without substitution, and agrees that additional makers, endorsers, guarantors or sureties may become parties hereto without notice to him or affecting his liability hereunder. Payee shall not by any act of omission or commission be deemed to have waived any of its rights or remedies hereunder unless such waiver be in writing and signed by Payee, and then only to the extent specifically set forth therein; a waiver on one (1) event shall not be construed as continuing or as a bar to or waiver of such right or remedy on a subsequent event. If any provision hereof is found by a court of competent jurisdiction to be prohibited or unenforceable, it shall be ineffective only to the extent of such prohibition or unenforceability, and such prohibition or unenforceability shall not invalidate the balance of such provision to the extent it is not prohibited or unenforceable, nor invalidate the other provisions hereof, all of which shall be liberally construed in favor of Payee in order to effect the provisions of this Note. The words "Payee" and "Maker" whenever occurring herein shall be deemed and construed to include the respective successors and assigns of Payee and Maker. This instrument shall be construed according to and governed by the laws of the Commonwealth of Pennsylvania. THIS NOTE SETS FORTH A WARRANT OF AUTHORITY FOR AN ATTORNEY TO CONFESS JUDGMENT AGAINST THE MAKER. IN GRANTING THIS WARRANT OF ATTORNEY TO CONFESS JUDGMENT AGAINST THE MAKER, THE MAKER HEREBY KNOWINGLY, INTENTIONALLY AND VOLUNTARILY UNCONDITIONALLY WAIVES ANY AND ALL RIGHTS THE MAKER HAS OR MAY HAVE TO PRIOR NOTICE AND AN OPPORTUNITY FOR HEARING UNDER THE RESPECTIVE CONSTITUTIONS AND LAWS OF THE UNITED STATES AND THE COMMONWEALTH OF PENNSYLVANIA. THE MAKER FURTHER REPRESENTS THAT THIS DEBT IS IN CONNECTION WITH A BUSINESS TRANSACTION, AND THAT MAKER HAS HAD THE OPPORTUNITY TO BE REPRESENTED BY LEGAL COUNSEL IN CONNECTION HEREWITH. IN WITNESS WHEREOF, Maker has duly executed this Note as of the day and year first above mentioned. ?? ?1- (SEAL) JERRY OLIN R, VillageCraft Factory Direct, Inc. COMMONWEALTH OF PENNSYLVANIA : SS COUNTY OF CUMBERLAND ?. On this, the ,(,/,,day 00 e CO , 2006, before me, the undersigned officer, personally appeared JERRY M. TROLINGER on behalf of VillageCraft Factory Direct, Inc., known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that he executed same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set rrny hand and official seal. (-NOTTAF(Y PUBLIC NWEA TH F P N VA A NOTARIAL SEAL 3 FERGUSON TWR, UNTRE COUNTY MY COMMISSION EXPIRES FEBRUARY 04, 2008 DISCLOSURE FOR CONFESSION OF JUDGMENT I AM EXECUTING, THIS ?)'\ DAY OF ??tCC ??-La L---A 2006, A PROMISSORY NOTE FOR $10,000.00 OBLIGATING ME TO REPAY THAT AMOUNT. A. I UNDERSTAND THAT THE NOTE CONTAINS A CONFESSION OF JUDGMENT PROVISION THAT WOULD PERMIT PAYEE TO ENTER JUDGMENT AGAINST ME IN COURT, AFTER A DEFAULT ON THE NOTE, WITHOUT ADVANCE NOTICE TO ME AND WITHOUT OFFERING ME AN OPPORTUNITY TO DEFEND AGAINST THE ENTRY OF JUDGMENT. IN EXECUTING THE NOTE, BEING FULLY AWARE OF MY RIGHTS TO ADVANCE NOTICE AND TO A HEARING TO CONTEST THE VALIDITY OF ANY JUDGMENT OR OTHER CLAIMS THAT PAYEE MAY ASSERT AGAINST ME UNDER THE NOTE, I 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 PAYEE'S ENTERING JUDGMENT AGAINST ME BY CONFESSION AS PROVIDED F IN THE CONFESSION OF JUDGMENT PROVISION. INITIALS: B. I FURTHER UNDERSTAND THAT IN ADDITION TO GIVING PAYEE THE RIGHT TO ENTER JUDGMENT AGAINST ME WITHOUT ADVANCE NOTICE OR A HEARING, THE CONFESSION OF JUDGMENT PROVISION IN THE NOTE ALSO CONTAINS LANGUAGE THAT WOULD PERMIT PAYEE, AFTER ENTRY OF JUDGMENT, TO EXECUTE ON THE JUDGMENT BY FORECLOSING UPON, ATTACHING, LEVYING ON, TAKING POSSESSION OF OR OTHERWISE SEIZING MY PROPERTY, IN FULL OR PARTIAL PAYMENT OF THE JUDGMENT. HOWEVER, PAYEE MUST PROVIDE NOTICE TO ME 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 ENTERED AND BEFORE EXECUTION ON THE JUDGMENT, I AM KNOWINGLY, INTELLIGENTLY AND VOLUNTARILY WAIVING THESE RIGHTS, AND I EXPRESSLY AGREE AND CONSENT TO PAYEE'S EXECUTING ON THE JUDGMENT, IN ANY MANNER PERMITTED BY APPLICABLE STATE AND FEDERAL LAW. INITIALS: C. I WAS REPRESENTED BY MY OWN INDEPENDENT LEGAL COUNSEL IN CONNECTION WITH THE NOTE OR CHOSE TO NOT HAVE INDEPENDENT LEGAL ADVIC? INITIALS: JERRY Factory Direct (SEAL) COMMONWEALTH OF PENNSYLVANIA : : SS COUNTY OF CUMBERLAND : On this, the 2-,-?,iay of 60-C<,?ACe (1., , 2006, before me, the undersigned officer, personally appeared JERRY M. TROLINGER on behalf of VillageCraft Factory Direct, Inc., known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that he executed same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. 9?? NOTARY LQR+I?ARMrurnrr., ..r nr-h,RrCyll/^.,r? £?>. ... ?NIA _ `1 Fr r'Py ht PL'BI,IC . i " tidrl;k COUNTY g Y CC4 115SION EXPIRES FEBRUARY 04, COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL 8 FERGUSUN TWP., UNTRE COUNTYC MY COMMISSION EXPIRES FEBRUARY 04, 2008 VERIFICATION I verify that the statements made in the foregoing Complaint In Confession Of Judgment are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904, relating to unsworn falsification to authorities. David A. Baric, Esquire DATED: 0,31n bl-- F--7 CERTIFICATE OF SERVICE I hereby certify that on March 7, 2007, I, David A. Baric, Esquire of O'Brien, Baric & Scherer, did serve a copy of the Complaint In Confession Of Judgment, by first class U.S. mail, postage prepaid, to the parties listed below, as follows: Jerry M. Trolinger VillageCraft Factory Direct, Inc. 2551 Spring Road 2551 Spring Road Carlisle, Pennsylvania 17013 Carlisle, Pennsylvania 17013 )XWZ644 David A. Baric, Esquire 9, r ? BEST ROOFING ; TECHNOLOGY, INC., Plaintiff V. JERRY M. TROLINGER and VILLAGECRAFT FACTORY DIRECT, INC., ; Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO.2007- /';W 7 CIVIL ACTION-LAW CONFESSION OF JUDGMENT NOTICE OF JUDGMENT PURSUANT TO Pa.R.C.P. 236 TO: Jerry M. Trolinger 2551 Spring Road Carlisle, Pennsylvania 17013 Notice is hereby given to you of entry of a judgment against you in the above matter. Date: d 7 Prothonot /,, dab.dir/corporate/bestroofing/lee/confession/trolinger236.ntc BEST ROOFING TECHNOLOGY, INC., Plaintiff V. JERRY M. TROLINGER and VILLAGECRAFT FACTORY DIRECT, INC., Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2007- /a tl 7 CIVIL ACTION-LAW CONFESSION OF JUDGMENT NOTICE OF JUDGMENT PURSUANT TO Pa.R.C.P. 236 TO: VillageCraft Factory Direct, Inc. 2551 Spring Road Carlisle, Pennsylvania 17013 Notice is hereby given to you of entry of a judgment against you in the above matter. Date: -3/h 7 AS/ Prothonot /?L d a b. dir/co rpo rate/bestroofing/lee/confession/villagecraft236. ntc BEST ROOFING TECHNOLOGY, INC., Plaintiff V. JERRY M. TROLINGER and VILLAGECRAFT FACTORY DIRECT, INC., Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO-2007- I •? eAVI CIVIL ACTION-LAW CONFESSION OF JUDGMENT AFFIDAVIT OF NON-MILITARY SERVICE COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ss. David A. Baric, Esquire, being duly sworn according to law, deposes and says that he is counsel to the Plaintiff herein, and as such states the following: 1. The Defendant, Jerry M. Trolinger, is not in the military or naval service of the United States or its allies, or otherwise within the provisions of the Soldiers' and Sailors' Civil Relief Act of 1940, as amended. 2. The Defendant, Jerry M. Trolinger, is more than 21 years of age and has a current address of 2551 Spring Road, Carlisle, Cumberland County, Pennsylvania 17013. 3. He has ascertained the above i rmation by personal investigatio and makes this Affidavit with due authority. David A. Baric, Esquire Sworn to and subscribed before me this day of March, 2007. t c? ?,,, ? .?,, >-?x ,7 .. , _ _ ?? ;?? -.tit ? ? Wyk ?x'1 `? 1 ??? ? ??? ? BEST ROOFING TECHNOLOGY, INC., Plaintiff : V. JERRY M. TROLINGER and VILLAGECRAFT FACTORY DIRECT, INC., Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2007- 1 ??1 GN CIVIL ACTION-LAW CONFESSION OF JUDGMENT AFFIDAVIT OF COMMERCIAL TRANSACTION I hereby certify that I am counsel for Best Roofing Technology, Inc., the Plaintiff herein, and hereby certify that judgment is not being entered against a natural person in a consumer transaction. XO'BC & S R David A. Baric, Esquire I.D. # 44853 19 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 da b. dir/corporate/bestroofing/lee/confession/commercialtransaction. aff t? t:? ? L:? r -..+ '? '?' •-r - ! - _ ?r _ _ ? l.:J _ .. ; r.._ ri GJ ..? +'r -? .,:' !`+? -.. BEST ROOFING TECHNOLOGY, INC., Plaintiff V. JERRY M. TROLINGER and VILLAGECRAFT FACTORY DIRECT, INC., Defendants CONFESSION OF JUDGMENT CERTIFICATION OF ADDRESSES COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA G v l NO. 2007- 19\H l CIVIL ACTION-LAW ss. David A. Baric, Esquire, being duly sworn according to law, deposes and says that to the best of his knowledge, information and belief, the addresses of the judgment creditor and the judgment debtors in the above-captioned case are as follows: Plaintiff: Best Roofing Technology, Inc. 1462 Trindle Road Carlisle, Pennsylvania 17013 Defendants: Jerry M. Trolinger 2551 Spring Road Carlisle, Pennsylvania 17013 VillageCraft Factory Direct, Inc. 2551 Spring Road Carlisle, Pennsylvania 17013 David A. Baric, Esquire Sworn to and subscribed before me this -1Q41 day of March, 2007. U40 Q -A +t?y C') Z BEST ROOFING IN THE COURT OF COMMON PLEAS OF TECHNOLOGY, INC., CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. : NO. 2007- 1,4,q] Civi JERRY M. TROLINGER and CIVIL ACTION-LAW VILLAGECRAFT FACTORY DIRECT, INC., CONFESSION OF JUDGMENT Defendants NOTICE UNDER RULE 2958.2 OF JUDGMENT AND EXECUTION THEREON TO: VillageCraft Factory Direct, Inc. 2551 Spring Road Carlisle, Pennsylvania 17013 A judgment in the amount of $23,211.67 has been entered against you and in favor of the plaintiff without any prior notice or hearing based on a confession of judgment contained in a written agreement or other paper allegedly signed by you. The court has issued a writ of execution which directs the sheriff to levy upon and sell certain real estate property owned by you to pay the judgment. You may have legal rights to defeat the judgment or to prevent or delay sheriff s sale. YOU MUST FILE A PETITION SEEKING RELIEF FROM THE JUDGMENT OR DELAY OF THE SHERIFF'S SALE PRIOR TO THE SHERIFF'S SALE OR YOU MAY LOSE YOUR RIGHTS. YOU MUST FILE A PETITION SEEKING RELIEF FROM THE JUDGMENT AND PRESENT IT TO A JUDGE WITHIN THIRTY (30) DAYS AFTER THE DATE ON WHICH THIS NOTICE IS SERVED ON YOU OR YOU MAY LOSE YOUR RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 (717) 249-3166 David A. Baric, Esquire Attorney for Plaintiff 19 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 1?7 P ! BEST ROOFING TECHNOLOGY, INC., Plaintiff V. : NO. 2007- I Y\q 1 '? v 1 ? JERRY M. TROLINGER and CIVIL ACTION-LAW VILLAGECRAFT FACTORY DIRECT, INC., CONFESSION OF JUDGMENT Defendants NOTICE UNDER RULE 2958.2 OF JUDGMENT AND EXECUTION THEREON TO: Jerry M. Trolinger 2551 Spring Road Carlisle, Pennsylvania 17013 A judgment in the amount of $23,211.67 has been entered against you and in favor of the plaintiff without any prior notice or hearing based on a confession of judgment contained in a written agreement or other paper allegedly signed by you. The court has issued a writ of execution which directs the sheriff to levy upon and sell certain real estate property owned by you to pay the judgment. You may have legal rights to defeat the judgment or to prevent or delay sheriff's sale. YOU MUST FILE A PETITION SEEKING RELIEF FROM THE JUDGMENT OR DELAY OF THE SHERIFF'S SALE PRIOR TO THE SHERIFF'S SALE OR YOU MAY LOSE YOUR RIGHTS. YOU MUST FILE A PETITION SEEKING RELIEF FROM THE JUDGMENT AND PRESENT IT TO A JUDGE WITHIN THIRTY (SAY LOSE YOUR RIGHTS. YOU SHOULD THIS NOTICE IS SERVED ON YOU OR YOU TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 (717) 249-3166 David A. Baric, Esquire Attorney for Plaintiff 19 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ??, ?? :,,..,. 7i "?' ' ?? rT ? w.. ?..: ti.Y: ~s ? ?+ fa j .'?' IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION PRAECIPE FOR WRIT OF EXECUTION Caption: : ® Confessed Judgment Best Roofing Technology, Inc. ? Other File No. 2007-1247 V. mount Due $23,211.67 Jerry M. Trolinger and A Villagecraft Factory Direct, Inc. : Interest $80.01 ($3.81 per diem) Atty's Comm Costs 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, for debt, interest and costs, upon the following described property of the defendant (s) All personalty located at 1446 Holly Pike, Carlisle, Pennsylvania, including the contents of any cash register(s) therein. 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 p 4deag;'t al` e; of 5 J sle?n??) described in the attached exhibit. Date T? CJ Signature: Print Name: David A. Bari c Address: 19 West South Street Carlisle, PA 17013 Attorney for: Plaintiff Telephone: (717) 249-6873 Supreme Court ID No: 4 4 8 5 3 ?r, C C?? C C:zl N i kl- _, C' O'l i b t BEST ROOFING TECHNOLOGY, INC., Plaintiff V. JERRY M. TROLINGER and VILLAGECRAFT FACTORY DIRECT, INC., Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2007- 1247 CIVIL ACTION-LAW CONFESSION OF JUDGMENT NOTICE UNDER RULE 2958.3 OF JUDGMENT AND EXECUTION THEREON NOTICE OF DEFENDANT'S RIGHTS TO: Villagecraft Factory Direct, Inc. 2551 Spring Road Carlisle, Pennsylvania 17013 A judgment in the amount of $23,211.67 has been entered against you and in favor of the plaintiff without any prior notice or hearing based on a confession of judgment contained in a written agreement or other paper allegedly signed by you. The court has issued a writ of execution which directs the sheriff to take your money or other property owned by you to pay the judgment. If your money or property has been taken, you have the right to get the money or property back if you did not voluntarily, intelligently and knowingly give up your constitutional right to notice and hearing prior to the entry of judgment or if you have defenses or other valid objections to the judgment. You have a right to a prompt court hearing if you claim that you did not voluntarily, intelligently and knowingly give up your rights to notice and hearing prior to the entry of the judgment. If you wish to exercise this right, you must immediately fill out and sign the petition to strike the judgment which accompanies the writ of execution and deliver it to the Sheriff of Cumberland County, at One Courthouse Square, Carlisle, Pennsylvania 17013. IT IS IMPORTANT THAT YOU ACT PROMPTLY. IT WILL BE TOO LATE TO REGAIN YOUR PROPERTY IF YOU WAIT UNTIL AFTER THE PROPERTY HAS BEEN SOLD BY THE SHERIFF OR TURNED OVER TO THE PLAINTIFF. t YOU MUST FILE A PETITION SEEKING RELIEF FROM THE JUDGMENT AND PRESENT IT TO A JUDGE WITHIN THIRTY (30) DAYS AFTER THE DATE ON WHICH THIS NOTICE IS SERVED ON YOU OR YOU MAY LOSE YOUR RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 (717) 249-3166 'BRIEN, BARI & SCHE R David A. Baric, Esquire Attorney for Plaintiff 19 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 Attorney for Plaintiff r-z o- -o' OD _i 3 rA C"D BEST ROOFING TECHNOLOGY, INC., Plaintiff V. JERRY M. TROLINGER and VILLAGECRAFT FACTORY DIRECT, INC., Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2007- 1247 CIVIL ACTION-LAW CONFESSION OF JUDGMENT PETITION TO STRIKE JUDGMENT REQUEST FOR PROMPT HEARING I hereby certify that I did not voluntarily, intelligently and knowingly give up my rights to notice and hearing prior to the entry of judgment. I petition the court to strike the judgment on this ground and request a prompt hearing on this issue. I verify that statement made in this Request for Hearing are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904 relating to unsworn falsification to authorities. Notice of hearing should be given to me at: Street Address: City, State: Phone Number: Villagecraft Factory Direct, Inc., Defendant By: Dated: i ?' s; BEST ROOFING TECHNOLOGY, INC., Plaintiff V. JERRY M. TROLINGER and VILLAGECRAFT FACTORY DIRECT, INC., Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2007- 1247 CIVIL ACTION-LAW CONFESSION OF JUDGMENT PETITION TO STRIKE JUDGMENT REQUEST FOR PROMPT HEARING I hereby certify that I did not voluntarily, intelligently and knowingly give up my rights to notice and hearing prior to the entry of judgment. I petition the court to strike the judgment on this ground and request a prompt hearing on this issue. I verify that statement made in this Request for Hearing are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904 relating to unsworn falsification to authorities. Notice of hearing should be given to me at: Street Address: City, State: Phone Number: Jerry M. Trolinger Dated: o a Ems. _,.. -ri F 40 BEST ROOFING TECHNOLOGY, INC., Plaintiff V. JERRY M. TROLINGER and VILLAGECRAFT FACTORY DIRECT, INC., Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2007- 1247 CIVIL ACTION-LAW CONFESSION OF JUDGMENT NOTICE UNDER RULE 2958.3 OF JUDGMENT AND EXECUTION THEREON NOTICE OF DEFENDANT'S RIGHTS TO: Jerry M. Trolinger 2551 Spring Road Carlisle, Pennsylvania 17013 A judgment in the amount of $23,211.67 has been entered against you and in favor of the plaintiff without any prior notice or hearing based on a confession of judgment contained in a written agreement or other paper allegedly signed by you. The court has issued a writ of execution which directs the sheriff to take your money or other property owned by you to pay the judgment. If your money or property has been taken, you have the right to get the money or property back if you did not voluntarily, intelligently and knowingly give up your constitutional right to notice and hearing prior to the entry of judgment or if you have defenses or other valid objections to the judgment. You have a right to a prompt court hearing if you claim that you did not voluntarily, intelligently and knowingly give up your rights to notice and hearing prior to the entry of the judgment. If you wish to exercise this right, you must immediately fill out and sign the petition to strike the judgment which accompanies the writ of execution and deliver it to the Sheriff of Cumberland County, at One Courthouse Square, Carlisle, Pennsylvania 17013. IT IS IMPORTANT THAT YOU ACT PROMPTLY. IT WILL BE TOO LATE TO REGAIN YOUR PROPERTY IF YOU WAIT UNTIL AFTER THE PROPERTY HAS BEEN SOLD BY THE SHERIFF OR TURNED OVER TO THE PLAINTIFF. 10 YOU MUST FILE A PETITION SEEKING RELIEF FROM THE JUDGMENT AND PRESENT IT TO A JUDGE WITHIN THIRTY (30) DAYS AFTER THE DATE ON WHICH THIS NOTICE IS SERVED ON YOU OR YOU MAY LOSE YOUR RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 (717) 249-3166 O'BRIEN, BARIC & SCHE David A. Baric, Esquire Attorney for Plaintiff 19 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 Attorney for Plaintiff l ° -u !r' r f .' rn co WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) N007-1247 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due Best Roofing Technology, Inc. Plaintiff (s) From Jerry M. Trolinger and Villagecraft Factory Direct, Inc. (1) You are directed to levy upon the property of the defendant (s)and to sell All personalty located at 1446 Holly Pike, Carlisle, Pennsylvania, including the contents of any cash register(s) therein.. (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 $23,211.67 Interest $80.01 ($3.81 per diem) Atty's Comm % Atty Paid $94.80 Plaintiff Paid Date: March 28, 2007 (Seal) REQUESTING PARTY: Name David A. Baric, Esq. Address: 19 W. South Street Carlisle, PA 17013 Attorney for: Plaintiff Telephone: (717) 249-6873 L.L.$.50 Due Prothy $2.00 Other Costs Curti R. Lo onot By: Deputy Supreme Court ID No. 44853 SHERIFF'S RETURN - REGULAR CASE NO: 2007-01247 P t COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND BEST ROOFING TECHNOLOGY INC VS TROLINGER JERRY M ET AL MICHAEL BARRICK , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within NOTICE UNDER RULE 2958.2 was served upon TROLINGER JERRY M the DEFENDANT , at 2054:00 HOURS, on the 9th day of March 2007 at 2551 SPRING ROAD CARLISLE, PA 17013 by handing to JERRY TROLINGER a true and attested copy of NOTICE UNDER RULE 2958.2 together with OF JUDGMENT & EXECUTION THEREON and at the same time directing His attention to the contents thereof. Sheriff's Costs: So Answers: Docketing 18.00 Service 4.80 Affidavit .00 Surcharge 10.00 R. Thomas Kline .00 32.80/ 03/12/2007 OBRIEN BARK SCHER R 00 P Sworn and Subscibed to 3laglo? By: before me this day eputy her'ff of A.D. SHERIFF'S RETURN - REGULAR r? CASE NO: 2007-01247 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND BEST ROOFING TECHNOLOGY INC VS TROLINGER JERRY M ET AL MICHAEL BARRICK , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within NOTICE UNDER RULE 2958.2 was served upon VILLAGECRAFT FACTORY DIRECT INC DEFENDANT the at 2054:00 HOURS, on the 9th day of March 2007 at 2551 SPRING ROAD CARLISLE, PA 17013 by handing to JERRY TROLINGER, OWNER a true and attested copy of NOTICE UNDER RULE 2958.2 together with JUDGMENT & EXECUTION THEREON and at the same time directing His attention to the contents thereof. Sheriff's Costs: So Answers: Docketing 6.00 Service 00 . Affidavit . .00 ?? Surcharge 10.00 R. Thomas Kline 16.00 03/12/2007 09b OBRIEN BARIC SCHE R Sworn and Subscibed to 0"101 By: before me this day puty Sheri f of A.D. IN THE UNITED STATES BANKRUPTCY COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA IN RE: JERRY M. TROLINGER, JR., Debtor JERRY M. TROLINGER, JR., Movant V. BEST ROOFING TECHNOLOGY, INC., Respondent CHAPTER 7 SSN: xxx-xx-0673 CASE NO: 1-08-bk-01425-RNO (LIEN AVOIDANCE) : CE TIXrupt6v THE RECORD this (v day of , 20 ?1t Clerk. u?# _ Per ORDER AVOIDING A JUDICIAL LIEN The Motion of Debtor, Jerry M. Trolinger, Jr., to Avoid a Judicial Lien, having come this day before the Court, it is: HEREBY ORDERED that the judgment entered by Best Roofing Technology, Inc., in the Court of Common Pleas of Cumberland County, Pennsylvania to No. 2007-1247 is avoided and declared void as to all of the real property located at 2551 Spring Road, Carlisle, Cumberland County, Pennsylvania and 202 Texaco Road, Mechanicsburg, Cumberland County, Pennsylvania owned by the Debtor in that it impairs an exemption claimed by the Debtor in such real properties to which the Debtor would otherwise be entitled B the Court, Robert N. Opd, Il, Bankruptcy Judge m This dxum+ent & eleetranica4 sign!' and fled on the same date. Dated: August 15, 2008 Case 1:08-bk-01425-RNO Doc 45 Filed 08/15108 Entered 08/15/08 07:48:29 Desc Main Document Page 1 of 1 t' rc L? 4 t R f-. s ?t [ ?7 a BEST ROOFING IN THE COURT OF COMMON PLEAS OF TECHNOLOGY, INC., CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. NO. 2007-1247 JERRY M. TROLINGER and CIVIL ACTION-LAW VILLAGECRAFT FACTORY DIRECT, INC., CONFESSION OF JUDGMENT Defendants PRAECIPE TO SATISFY TO THE PROTHONOTARY: Kindly mark the judgment entered in the above-captioned action on March 28, 2007 as having been satisfied, discontinued and settled. Respectfully submitted, O'BRIEN, BARIC & SC R David A. Baric, Esquire I.D. 44853 19 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 Dated: a -7- a dab. dir/corporate/bestroofing/lee/con fession/praecipe.sat CERTIFICATE OF SERVICE I hereby certify that on February 17, 2009, 1, David A. Baric, Esquire of O'Brien, Baric & Scherer, did serve a copy of the Praecipe to Satisfy, by first class U.S. mail, postage prepaid, to the parties listed below, as follows: Bruce I Warshawsky, Esquire Cunningham & Chernicoff, P.C. P.O. Box 60457 Harrisburg, Pe y is 17106-04 i David A. Baric, Esquire ? N , 'C7 _ lt7 • . 3 1 R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned STAYED, Sheriff's Costs: Advance Costs: 150.00 Sheriff's Costs: 78.09 Docketing 18.00 71.91 Poundage 1.53 Advertising Law Library .50 Prothonotary 2.00 Refunded to Atty on 02/13/09 Mileage 4.50 Surcharge 30.00 Levy 20.00 Certified Mail Post Pone Sale Garnishee Postage 1.56 ?$A; ? TOTAL $ 78.09 S knswers; R. Thomas Kline, Sheriff aL-'t?l 9UU6U-V/ By Claudia A. Brewbaker rv T f•T't t5 rn 9 I =8 b` Z - 8db 1001 ' ?? •`'50 ? 4?a ?Yl a. v u v WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) N007-1247 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due Best Roofing Technology, Inc. Plaintiff (s) From Jerry M. Trolinger and Villagecraft Factory Direct, Inc. (1) You are directed to levy upon the property of the defendant (s)and to sell All personalty located at 1446 Holly Pike, Carlisle, Pennsylvania, including the contents of any cash register(s) therein.. (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 $23,211.67 Interest $80.01(S3.81.per diem) Atty's Comm % Atty Paid $94.80 Plaintiff Paid Date: March 28, 2007 (Seal) REQUESTING PARTY: Name David A. Baric, Esq. Address: 19 W. South Street Carlisle, PA 17013 Attorney for: Plaintiff Telephone: (717) 249-6873 L.L.$.50 Due Prothy $2.00 Other Costs 6-4 Curds R. Longs. ono By: Deputy Supreme Court ID No. 44853