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HomeMy WebLinkAbout07-3173 CONFESSION OF JUDGMENT Pursuant to the authority contained in the warrant of authority, a true and correct copy of Robert D. Kodak, Esquire Supreme Court I.D. 18041 KODAK & IMBLUM, P.C. Post Office Box 11848 407 North Front Street Harrisburg, PA 17108-1848 717-238-7152 Fax: 717-238-7158 emaik robert.kodak@verizon.net Attorney for Plaintiff PENNSYLVANIA STATE BANK, IN THE COURT OF COMMON PLEAS Division of BLC BANK, N.A. CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. NO. U7-3173 SPANKEY'S AUTO SALES, A CIVIL DIVISION -LAW Pennsylvania Business Trust, DONALD B. LEGGETT, Trustee Defendant CONFESSED JUDGMENT which is attached to the Complaint filed in this action, I appear for the Defendants and confess Judgment in favor of Plaintiff and against Defendant as follows: Principal Amount Due ............................. $ 1,969.473.50 Interest Amount Due @ 7% p/a ...................... $ 12,826.24 Attorney Collection Fees .......................... $ 198,299.97 TOTAL .................................. $ 2,180,529.71 Judgment entered as above. Robert D. Kodak, Esquire Attorney for Defendant Prothonotary PENNSYLVANIA STATE BANK, Division of BLC BANK, N.A. Plaintiff V. SPANKEY'S AUTO SALES, A Pennsylvania Business Trust, DONALD B. LEGGETT, Trustee Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 67- 31 73 CIVIL DIVISION -LAW CONFESSED JUDGMENT CONFESSED JUDGMENT COMPLAINT Plaintiff files this Complaint pursuant to Pa. R.C.P. No. 2951(b) for Confession of Judgment and avers the following: 1. Plaintiff is Pennsylvania State Bank, a Division of BLC Bank, N.A., a financial organization duly organized and existing under Federal laws, with its principal office and place of business at 2148 Market Street, Camp Hill, Cumberland County, Pennsylvania 17013. 2. Defendant, Spankey's Auto Sales, is a Pennsylvania Business Trust, with an office and place of business at 701 East Locust Street, Mechanicsburg, Cumberland County, Pennsylvania 17055, with Donald B. Leggett, an adult individual, as its Trustee. F:\USER\BONNIEJO\PSB\CONFJUDG\Spankeys et akomp trust.wpd:25May07 1 3. In an effort to induce Plaintiff to extend credit to the business operating as Spankey's Auto Sales, on or about August 19, 2005, Defendant did execute an a Promissory Note in the amount of Two Million, Five Hundred Thousand ($2,500,000.00) Dollars. A true and correct copy of said Promissory Note is attached hereto, marked as Exhibit "A" and made a part hereof. 4. The attached Promissory Note has not been assigned. 5. Judgment has not been previously entered on the attached Promissory Note in any jurisdiction. 6. The Defendant is indebted to Plaintiff in the principal amount of One Million, Nine Hundred Sixty-Nine Thousand, Four Hundred Seventy-Three Dollars and Fifty Cents ($1,969,473.50) for which no payment has been received when due and payable, which constitutes a default whereby Plaintiff exercises its option to declare the entire balance covered by the within Promissory Note immediately due and payable. Said principal balance due and owing is set forth on Plaintiff s Wholesale Floor Plan Trial Balance attached hereto, marked as Exhibit "B" and made a part hereof. 7. Pursuant to the terms of the Promissory Note attached hereto at Exhibit "A" and made a part hereof, Defendant is further indebted to Plaintiff for interest in the amount of Twelve F:\USER\BONNIEJO\PSB\CONFJUDG\Spankeys et aRcomp trust.wpd:25May07 2 Thousand, Eight Hundred Twenty-Six Dollars and Twenty-Four Cents ($12,826.24), as also set forth on Plaintiff's Exhibit "B" attached hereto and made a part hereof. Said interest continues to accrue at the rate of Seven (7%) Percent per annum from May 24, 2007. 8. Pursuant to the terms and conditions of the Promissory Note attached hereto as Exhibit "A" and made a part hereof, Defendant is further liable for attorney's fees which have been added to said account in the amount of One Hundred Ninety-Eight Thousand, Two Hundred Twenty- Nine Dollars and Ninety-Seven Cents ($198,229.97). 9. In spite of Plaintiff s frequent demands, the Defendant continues in default under the aforesaid obligations. 10. By virtue of the foregoing, the Defendant is indebted to the Plaintiff as follows: Principal Amount Due ............................. $ 1,969.473.50 Interest Amount Due @ 7% p/a ...................... $ 12,826.24 Attorney Collection Fees .......................... $ 198,299.97 TOTAL ......................................... $ 2,180,529.71 11. By reason of all of the aforesaid and further by the attached instrument and Defendant's default, Plaintiff is entitled to Judgment against the Defendant in the sum of Two F:\USER\BONNIEJO\PSB\CONFJUDG\Spankeys et al\comp trust.wpd:25May07 3 Million, One Hundred Eighty-Thousand, Five Hundred Twenty-Nine Dollars and Seventy-One Cents ($2,180,529.71). WHEREFORE, Plaintiff demands Judgment in its favor and against Defendant in the sum of Two Million, One Hundred Eighty-Thousand, Five Hundred Twenty-Nine Dollars and Seventy- One Cents ($2,180,529.71), plus interest thereon at the rate of Seven (7%) Percent per annum from May 24, 2007, as authorized by the warrant appearing in the attached instrument. Respectfully submitted, KODAK & IMBLUM. P.C. Robert D. Kodak Attorney for Plaintiff 407 North Front Street Post Office Box 411848 Harrisburg, PA 17108-1848 (717) 238-7152 Fax: (717) 238-7158 email: robert.kodak@verizon.net Attorney I.D. No. 18041 F:\USER\BONNIEJO\PSB\CONFJUDG\Spankeys et alkomp trust.wpd:25May07 4 MAY,J-24-2007 11:08 COMMERCIAL LOAN DOCUMENTA 7177354764 P.002 PROMISSORY NOTE ............................. Mi. nw.._..... n ....... .... .5 ..:. w:.:.....w..?/.?? ?'?`,`." :::%L3::'_? • YY. :IX-2. VO : '? .....?. .I.?...:.........w....._.:.?:.y+....,.?,....?....-... .nr.ww.J^www......«..?.}...... ...:::::J:S3:J:S:k.::G;.G::.4,:..w. .......... .... a.....C'.":.`%::w ::::n%?%:.'.C:: ...........,.. pw n.:.?7 4y?f:.':^ n 'i.. .?:: •'^`^^'..: x.:.^.\ln".^a: iriYw'Gv:. .« %...:%f «m..ww.wmw ............................ References In the shaded area are for Lender's use only and do not limit the applicability of this document to any particular loan or item. Any item above containing '--' has been omitted due to text lenoth limitations, Borrower: Spankey's Auto Sates 701 East Locust Street Mechanicsburg, PA 17055 Lender: Pennsylvania State Bank West Hanover Branch 7040 Old Jonestown Road Harrisburg, PA 17112 Principal Amount: $2,500,000.00 Initial Rate: 7.000% Date of NOW w PROMISE TO PAY, Spankey's Auto Sales ("Borrower") promises to pay to Pennsylvania State Bank ("Lender"), or ardor, In lawful money of the United States of America, the principal amount of Two Million Five Hundred Thousand & OOM00 Dollars (52.500.000.00) or so much as may be outstanding, together with Interest on the unpaid outstanding principal balance of each advance. Interest shall- be calculated from the date of each advance until repayment of each advance. PAYMENT. Borrower will pay this loan in full immediately upon Lender's demand. If no demand is made. Borrower will pay this loan in accordance with the following payment schedule: The principal sum advanced, together with interest thereon, shall be due and payable on demand; provided, however, that until Lender shall demand payment in full of said principal sum, or tee balance thereof re tai ing unpaid, Borrower will pay the accrued .Interest monthly, the first such payment to be made on the / 7r day Of ,_, and on the _L day of eac and every month thereafter until the outstanding principal sum, tgether wi interest as aforesaid, has been paid In full, or until Lender shall have demanded payment In full of the balance of the principal sum then unpaid. Provided, however, that when and as Borrower sells Individual units of motor vehicle inventory (up to 8 years old), the amount of the floor plan used for financing of that unit shall be paid within five (5) business days by Borrower, provided. further, that any unit that remains on the floor plan for a period of six (6) months shall be curtailed at ten (10%) percent of the principal amount advanced for each such unit. Provided, always, that nothing heroin contained shall be taken or construed as a waiver of the right of the Lender to demand and enforce payment of the full principal sum then unpaid, together with accrued and unpaid interest, as aforesaid, at any time. Unless otherwise agreed or required by applicabfe law, payments will be applled first to any unpaid collection costs;.then to any late charges; than to any accrued unpaid Interest; and than to principal. The annual interest rate for this Note Is computed on a 365/360 basis; that Is, by applying the ratio of the annual Interest rate over ' a year of 360 days, multiplied by the outstanding principal balance, multiplied by the actual _-.•:_:- umber of days the principal balance Is outstanding. Borrower will pay Lender at Lender's address Shown above or at such other place as Lander may designate In writing. VARIABLE INTEREST RATE The interest rate on this Note is subject to change from time to time based on changes In an Independent index which is the Prime Rate as publishod from time to time in the "Money Rates" section of the Wall Street Journal (the 'Index'), The Index is not necessarily the :owest rate charged by Lender on Its loans, If the Index becomes unavailable during the term of this loan. Lender may designate a substitute Index after notice to Borrower. Lender will tell Borrower the current Index rate upon Borrower's request. The interest rate change will not occur more often than each day with changes In the Prime Rate published In the 'Money Rates" section of the Wall Street Journal. Borrower understands that Lender may make loans based on other rates as well. The Index currently Is 6.500% per annum. The interest rate to be applied to the unpaid principal balance of this Note will be at a rate of 0.500 percentage points over the index. resulting In an Initial rate of 7.0001% per annum, NOTICE: Under no circumstances will the interest rate on this Note be more than the maximum rate allowed by applicable law. PREPAYMENT; MINIMUM INTEREST CHARGE. In any event, oven upon full prepayment of this Note, Borrower understands that Lender is entitled to a minimum Interest charge of $7.50, Other than Borrower's obligation to pay any minimum interest charge, Borrower may pay without penalty all or a portion of the amount owed oadler than It Is due.' Early payments will not, unless agreed to by Lender In writing, relieve Borrower of Borrower's obligation to continue to make payments of accrued unpaid interest Rather, early payments will reduce the principal balance duo. Borrower agrees not to send Lender payments marked 'paid in full", 'without recourse', or similar language, If Borrower sonds such a payment, Lender may accept ii 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 limitations or as full satisfaction of a disputed amount must be mailed or delivered to. Pennsylvania State Bank, West Hanover Branch, 7040 Old Jonestown Road, Harrisburg, PA 17112. LATE CHARGE If a payment is 15 days or more late. Borrower will be charged 10.000% of the regularly scheduled payment or S50.00, whichever is greater. INTEREST AFTER DEFAULT. Upon defauh, Including failure to pay upon final maturity, the total sum due under this Note will bear interest from the data of Acceleration or maturity at the variable interest rate on this Note. The Interest rate will not exceed the maximum rate -permitted by applicable law. If judgment is entered in connection with this Note, intorest will continue to accrue on this Note after judgment at the Interest rate applicable to this Note at the time judgment is entered. DEFAULT. Each of the following shall Constitute an event of default ('Event of Defauir) under this Note: Payment Default Borrower fails to make any payment when duo under this Note, Other Defaults. Borrower fails to comply with or to perform any other term, obligation, covonant or condition contained in this Note or in any of the rolated documents or to comply with or to perform any term, obligation, covenant or condhlon contained in any other agreement between Lender and Borrower. False Statements. Any warranty, representation or statement made or furnished to Lender by Borrower or on Borrower's behalf under this Note or the related documents is false or misleading In any material respect, dither now or at the time made or furnished or becomes false or misleading at any time thereafter. Insolvency. The dig Solution or termination of the Trust, th ppointmont of a receiver for any part of Borrower's Property, any assignment for the benefit of creditors, any ty pe i encement of any proceeding under any bankruptcy or Insolvency laws by or against Borrower. Creditor or Forfeiture Proceedings, Commencement of edings, whether by judicial proceeding, self-help, repossession or any other method, by any creditor of Borro ency against any collateral securing the loan. This includes a garnishment of any of Borrower's accounts, ;nclud' er. However, this Event of Default shall not apply it there Is a goad faith dispute by Borrower as to the validity or r h is the basis of the creditor or forfeiture Drocesdina MAY-24-2007 11:08 COMMERCIAL LOAN I)OCUMENTA 7177354764 P.003 PROMISSORY NOTE Loan No: 7150000425 (Continued) Pago 2 creditor or forfeiture proceeding, In an amount determined by Lender, in its solo discretion. As being an adequate reserve or bond for the dispute. Events Affecting Guarantor. Any of the preceding evonts occurs with respect to any Guarantor of any of the Indebtedness or any Guarantor dies or becomes incompetent, or revokes or disputes the validity of, or liability under, any guaranty of the indobtedness evidenced by this Noto. In the event of a doath, Lender, at its option, may, but shall not be required to, permit the Guarantor's estato to assume unconditionally the obligations arising under the guaranty in a manner satisfactory to Lender, and, in doing so, cure any Event of Dofauft. Adverse Change. A material adverse change occurs in Borrower's financial condition, or Lender believes tho prospect of payment or porformance of this Note Is impaired. Insecurity. Lender in good faith believes itself insecure. Cure Provisions. If 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 ff Borrower, after receiving written notice from Lender demanding cure of such default: (1) cures the default within fiftoon (15) days; or (2) 1 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 continues and complotes all reasonable and necessary Steps sufficient to produce compliance as soon as reasonably practical, LENDER'S RIGHTS. Upon default, Lander may, aftor giving such notices as required by applicable law, declare the entire unpaid prlnelpal balance on this Note and all Accrued unpaid interest immediatoly due, and then Borrower will pay that amount. ATTORNEYS' FEES; EXPENSES. Lender may hire or pay someone also to help collect this Note d Borrower does not pay, Borrower will pay Lender that amount. This includes, subject to any limits under applicable law, Lender's attorneys' 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. If not prohibitod by appllcable law, Borrower also will pay any court costs, in addition to all other sums provided by law, GOVERNING LAW. This Note will be governed by federal law applicable to Lender and, to the extent not preemptod'by federal law, the laws of the Commonwealth of Pennsylvania without regard to Its conflicts of law provisions. This Note has been accepted by Lender 'In the Commonwealth of Pennsylvania DISHONORED ITEM FEE Borrower will pay a foe to Lender of $25.00 If *Borrower makes a payment on Borrowers loan end the check or Preauthor?zed charge with which Borrower pays is later dishonored. 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 prohlbhed 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. COLLATERAL. Borrower acknowledges this Note Is secured by the following collateral described In the security instruments listed herein: (A) an Open-End Mortgage to Lender on real property located in Cumberland County, Commonwealth of Pennsylvania (B) inventory, chattel paper, accounts, eq ' nt, g vocal intangibles, fixturos, standing timber and mineral, oil and gas described in a Commercial Security Agreement dated LINE OF CREDIT. This Note evidences a revolving line of credit. Advances under this Note may be requested only in writing by Borrower or by an authorized Person. All communications, instructions, or directions by telephone or otherwise to Lender are to be directed'to Lender's office shown above. 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 Borrower's accounts with Lander_ The unpaid principal balance owing on this Note at any time may be evidenced by ondorsements on this'Noto or by Lender's internal records, including daily computer print-outs. Lendor will have no obligation to advance funds undor this Note K-, (A) Borrower or any guarantor Is In default under the terms of this Note or any agreement that Borrower or any guarantor has with Lender, Including any agreement made in connection with the signing of this Note; (B) Borrower or any guarantor ceases doing business or is insolvent; (C) any guarantor souks, claims or othGrMse attempts to limit modify or revoke such guarantors guarantee of this Note or any other loan with Lender; (D) Borrowor has applied funds provided pursuant to this Note for purposes other than thoso authorized by Lender, or (E) Lender in good faith believes itself insecure. FUTURE ADVANCES. Upon request of Borrower, tender, at Lender's option prior to extinguishment of this Note, nmy make future advances to Borrower. At no time shall the principal amount of indebtedness, not including sums advanced in accordance herewith to protect the security of tho Lander, exceed the original amount of this Note. ADDITIONAL PROVISION. The Bank reserves the right to sell a participation or other Interest in this Note without notice to Borrower of such sale. SUCCESSOR INTERESTS. The terms Of this Note shalt 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. G Milo declare L PROVISIONS. This Note is payable on demand, The inclusion of specific default provisions or rights of Lender shall not preclude Lenders 9 payment of this Note on its demand. Lender may delay or forgo enforcing any of Its rights or remodlos under this Note without losing them, Borrower and any other person who slgns, guarantoos or endorses this Noto, to the extent allowed by law, waive presentment demand for payment, and notice of dishonor. Upon any change in tho terms of this Note, and unless otherwise ex ossl stated In.writl Note, whether as maker, guarantor, accommodation maker or endorser, shall be released from liability. All such parties agree that Lendor?may r this or extend (repeatedly and for any length of limo) this loan or releaso any party or guarantor or collateral; or impair, fail to realize upon or perfect Lenders socurlty 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 Noto 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 JUDGMCNT, 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 (5500) 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 BOAROWER 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 HGVR Tn NnTIr'F nw Tr) n r+9nta1nlr_ 1KI r nnlnienTrnnl %AIITU AKIN/ 01 I^LJ 11 MA.Y,24-2007 11:08 COMMERCIAL LOAN DOCUMENTA 7177354764 P.004 PROMISSORY NOTE Loan No: 7150000425 (Continued) Page 3 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: SPANKEY'S AUTO SALES Br. - J (seaq d B. Loggott, rust f S Auto Sales LENDER: PENNSYLVANIA STATE BANK X Authorised Signer earn no E-&? vo. =.M= Ow, wn CM.w,?.? ?M+w. K ua. soa it wr+ n?aa . M L-W F W %Wftrc TWO" ? O • MAY-25-2007 10:09 DOCUMENTATION 717 735 4864 P.02i02 F O O O m o O O G 0? O W a h .•I 41 W J1 1+ M N'1 O1 M O? P I-+ N W a o l7 O t sI Z 4 G I M .•7 to F N h N O N v F W Oror-or tlb N ? ': [•? 000000 00 f r, D Q I I I m OO O ONONM N 1 j 4 N N I 1 4 N Q N 4 I N I W .? .n n Ott m In F O W F n O r'1 O 0 •"1 t) o r J d ?, N 1 ? • x F r vi o N 1 W ?n u N a In a w u T a co a z a F Qa O d m w m a F• 4 Q N E- W vi a O d T a x OW OrrUrOr+ 00 is 000000 Ina •-,o?DGmO r W ? NOD V?Om W 0? O '•1 M ?p H O• ti v wW POrO?'I e? vp 7 [•• ViO vO Mu NG Q 0 mN MN QN ID F N - N fn H a a a m W ?1 N F W ?z a w m C V -? P h in P n m d .z 0 0 m ? Q M m P O? ,Y. O 4 [? M u•f O K 4 N Y N -? F) N ? N y LY o F J M y o vl a M P r1 G O c7 df ul 0 v e• v r r r 4 r, O ~ tj G c:7 U 0 0 0 m m n N 0 ?o P VI m a ? O .Y ? a t IW V1 N O a a a y o° a m F M O N W ? 1 y ? a z 7 l W IQ.7 V a w -7 zU r C) U as ao oz TOTAL P.02 ..•. MAY-25-2007 13:44 DOCUMENTATION VERIFICATION 717 735 4064 P.02i02 I, DAVID W. PREVOST, Vice-President/Special Assets Officer, of PENNSYLVANIA STATE BANK, Division of BLC BANK, N.A., verify that the statements made in the &foregoing document arc true and correct. I understand that false statements herein arc made subject to the penalties of 18 Psi. C. S. §4904, relating to unsworn falsification to authorities. PENNSYLVANIA S•rATL BANK, Division of BLC BALTIC, N.A. ?,P, David W. Prevost Vice-President/Special Assets Officer Dated: 5 a?0 TOTAL P.02 -TI - ref "? T PENNSYLVANIA STATE BANK, : IN THE COURT OF COMMON PLEAS Division of BLC BANK, N.A. CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. . NO. 07-3/73 SPANKEY'S AUTO SALES, A CIVIL DIVISION -LAW Pennsylvania Business Trust, DONALD : B. LEGGETT, Trustee : Defendant CONFESSED JUDGMENT PLAINTIFF'S AFFIDAVIT/AVERMENT CONFESSION OF JUDGMENT FOR MONEY (x) Pursuant to Pa. R.C.P. No. 2951(1)(2)(ii), I certify that this judgment is not being entered by confession against a natural person in connection with a consumer credit transaction. (a) A consumer credit transaction means a credit transaction in which the party to whom credit is offered or extended is a natural person and the money, property or services which are the subject of the transaction are primarily for personal, family or household purposes. CONFESSION OF JUDGMENT FOR CONFESSION OF REAL PROPERTY () Pursuant to Pa. R.C.P. No. 2971(1)(1), I certify that this judgment is not being entered against a natural person in connection with a residential lease. +???????+f????f The above certification is made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. Dated: May 25, 2007 Robert D. Kodak, Esquire Attorney for Plaintiff I.D. No. 18041 Address: Kodak & Imblum, P.C. 407 North Front Street Post Office Box 11848 Harrisburg, PA 17108-1848 (717) 238-7152 Fax: (717) 238-7158 C.y` 1 r ,? PENNSYLVANIA STATE BANK, IN THE COURT OF COMMON PLEAS Division of BLC BANK, N.A. CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. : NO. ??- 3173 SPANKEY'S AUTO SALES, A CIVIL DIVISION -LAW Pennsylvania Business Trust, DONALD B. LEGGETT, Trustee Defendant : CONFESSED JUDGMENT TO: SPANKEY'S AUTO SALES, A Pennsylvania Business Trust, DONALD B. LEGGETT, Trustee, Defendant You are hereby notified that on ck l S , 2007, Judgment by confession was entered against you in the sum of $2,180,529.7 in the above-captioned case. DATE: 1 ?-s 2007 t e 0 . Off. , C Prothonotary YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. I hereby certify that the following is the address of the Defendant(s) stated in the Certificate of Residence: 701 EAST LOCUST STREET MECHANICSBURG, PA 17055 Robert D. Kodak, Attorney for Plaintiff CUMBERLAND COUNTY BAR ASSOCIATION TWO LIBERTY AVENUE CARLISLE PA 17013 (717) 249-3166 PENNSYLVANIA STATE BANK, : IN THE COURT OF COMMON PLEAS Division of BLC BANK, N.A. CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. :NO. p7' 3173 SPANKEY'S AUTO SALES, A CIVIL DIVISION -LAW Pennsylvania Business Trust, DONALD B. LEGGETT, Trustee Defendant : CONFESSED JUDGMENT NOTICE UNDER RULE 2958.1 OF JUDGMENT AND EXECUTION THEREON NOTICE OF DEFENDANT'S RIGHTS TO: SPANKEY'S AUTO SALES, A Pennsylvania Business Trust, DONALD B. LEGGETT, Trustee DEFENDANT A Judgment in the amount of $2,180,529.71 has been entered against you and in favor of' Plaintiff without a prior notice or hearing based on a Confession of Judgment contained in a written agreement or other paper allegedly signed by you. The Sheriff may take your money or other property to pay the Judgment at any time after thirty (30) days after the date on which this notice is served on you. You may have legal rights to defeat the Judgment or to prevent your money or property from being taken. YOU MUST FILE A PETITION SEEKING RELIEF FROM THE JUDGMENT AND PRESENT IT TO A JUDGE WITHIN THIRTY (30) DAYS AFTER THE DATE ON WHICH THIS NOTICE IS SERVED ON YOU OR YOU MAY LOSE YOUR RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. 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 REDUCE FEE OR NOT FEE. CUMBERLAND COUNTY BAR ASSOCIATION TWO LIBERTY AVENUE CARLISLE PA 17013 (717) 249-3166 ROBERT D. KODAK, ESQUIRE POST OFFICE BOX 11848 HARRISBURG, PA 17108-1848 (717) 238-7152 ATTORNEY FOR PLAINTIFF C7 --a Cn ya: . 4, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION PENNSYLVANIA STATE BANK, Division of BLC BANK, N.A., now by merger PNC BANK, NATIONAL ASSOCIATION, Plaintiff V. SPANKEY'S AUTO SALES, A Pennsylvania Business Trust, DONALD B. LEGGETT, Trustee, Defendants NO. 2007-3173 Q CIVIL ACTION - LAW PARTIAL RELEASE OF JUDGMENT LIEN WHEREAS, on May 25, 2007, Judgment was entered in favor of Plaintiff and against Defendants in the Court of Common Pleas of Cumberland County at No. 2007-3173; and WHEREAS, Defendants own an interest in that certain real property known as 1115 County Club Road, East Pennsboro Township, Cumberland County, Pennsylvania, as more particularly described on Exhibit "A" attached hereto and made a part hereof (the "Property"); and WHEREAS, the Defendants have requested the Plaintiff to release the Property from the lien of the Judgment, which Property constitutes a portion, but not all, of the Property that is subject to the lien of the Judgment. NOW, THEREFORE, for good and valuable consideration, the receipt of which is hereby acknowledged, and intending to be legally bound, Plaintiff, PNC Bank, National Association, for itself and its successors and assigns, agrees that it will not attach or levy upon, sell or dispose of, or claim or demand the Property as a result of the Judgment, and further releases the lien of the Judgment only on the Property; provided, however, that neither this Partial Release nor anything herein contained invalidates, diminishes, alters, or otherwise affects the Judgment or the lien or security of the Judgment upon or against any other property of Defendants or either of them in Cumberland County, Pennsylvania, or elsewhere; and provided further that neither this Partial Release nor anything contained herein is or should be construed to be or to evidence satisfaction or discharge of the debt of the Defendants to the Plaintiff, PNC Bank, National Association. o -*1(0.Co Pty Pt.FF e?.`? s4a9 a1 IN WITNESS WHEREOF, the Undersigned executed this Partial Release this Aday of February, 2010. PNC BANK, NATIONAL ASSOCIATION By: ?.? Brett A. Bertoli Assistant Vice President COMMONWEALTH OF PENNSYLVANIA COUNTY OF lanca^-V " SS.. On this, the day of February, 2010, before me, the undersigned officer, personally appeared Brett A. Bertoli, who acknowledged himself to be the Assistant Vice President of PNC Bank, National Association, who being authorized to do so, executed the foregoing instrument for the purposes therein contained as such officer. IN WITNESS WHEREOF, I hereunto set my hand and notarial seal the day and year aforesaid. _e Ak Notary Public My Commission Expires: 0IA'/aor;L EXHIBIT "A" The property known as 1115 Country Club Road, identified as Tax Parcel No. 09-16-1054-125, located in East Pennsboro Township, Cumberland County, Pennsylvania. BEING THE SAME PREMISES which were granted and conveyed to Donald B. Leggett, Mortgagor herein, by Deed dated November 30, 2004, and recorded in the Office of the Recorder of Deeds for Cumberland County, Pennsylvania, on December 6, 2004, in Record Book 266, page 2902. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION PENNSYLVANIA STATE BANK, Division of BLC BANK, N.A., now by merger PNC BANK, NATIONAL ASSOCIATION, Plaintiff V. SPANKEY'S AUTO SALES, A Pennsylvania Business Trust, DONALD B. LEGGETT, Trustee, Defendants NO. 2007-3173 CIVIL ACTION - LAW PARTIAL RELEASE OF JUDGMENT LIEN C C> -n K FRI _J_ a? T WHEREAS, on May 25, 2007, Judgment was entered in favor of Plaintiff and against Defendants in the Court of Common :Pleas of Cumberland County at No. 2007-3173; and WHEREAS, Defendants own an interest in that certain real property known as 150 East Lauer Lane. East Hampden Township, Cumberland County, Pennsylvania, as more particularly described on Exhibit ``A" attached hereto and made a part hereof (the "Property'); and WHEREAS, the Defendants have requested the Plaintiff to release the Property from the lien of the Judgment, which Property constitutes a portion, but not all, of the Property that is subject to the lien of the Judgment. NOW, THEREFORE, for good and valuable consideration, the receipt of which is hereby acknowledged, and intending to be legally bound, Plaintiff, PNC Bank, National Association. for itself and its successors and assigns, agrees that it will not attach or levy upon, sell or dispose of, or claim or demand the Property as a result of the Judgment, and further releases the lien of the Judgment only on the Property; provided, however, that neither this Partial Release nor anything herein contained invalidates, diminishes, alters, or otherwise affects the Judgment or the lien or security of the Judgment upon or against any other property of Defendants or either of them in Cumberland County, Pennsylvania, or elsewhere; and provided further that neither this Partial Release nor anything contained herein is or should be construed to be or to evidence satisfaction or discharge of the debt of the Defendants to the Plaintiff, PNC Bank. National Association. *S. co P D AT74? e IQ35'7a P_* A 7q?3 IN WETNESS WHEREOF, the Undersigned executed this Partial Release this _& day of August, 20'.0. PNC BANK, NATIONAL ASSOCIATION By: Brett A. Bertoli Vice President COMMONWEALTH OF PENNSYLVANIA COUNTY OF Z60,-czile?- SS.: On this, the _)` 9 day of August, 2010, before me, the undersigned officer, personally appeared Brett A. Bertoli, who acknowledged himself to be the Vice President of PNC Bank, National Association, who being authorized to do so, executed the foregoing instrument for the purposes therein contained as such officer. IN WITNESS WHEREOF, I hereunto set my hand and notarial seal the day and year aforesaid. AC Notary Public My Commission Expires: 0 113?bei'j- 00ivtlr/I(iNWEALTH OF PENNSYLVANIA Notarial Seal '?- Connie Six!er, Notary Public Manheim Twp., Lancaster County My Commission Explres Jan. 31. 2012 ? Member, Pennsytvanla Association of Notaries EXHIBIT "A" ALL THAT CERTAIN lot or tract: of land situate in the Township of Hampden, County of Cumberland and State of Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point on the western line of East Lauer Lane at the dividing line between Lots Nos. 106 and 107 as shown on the hereinafter mentioned Plan of Lots; thence along said dividing Line North 64 degrees 1 minute West 167.36 feet to a point; thence along other land now or late of Kurvin W. Lauer and Eva S. Lauer, his wife, North 14 degrees 35 minutes West 56.60 feet to a point; thence along other land now or late of Lauer, North 70 degrees 20 minutes East 150 feet to East Lauer Lane, thence along the western line of East Lauer Lane South 19 degrees 40 minutes East 110.82 feet to a point; thence continuing along the same in a southwesterly direction on a curve to the right having a radius of 75 feet, an ac distance of 79.15 feet to the place of BEGINNING. BEING Lots No. 106, Plan of Section 4, Point Ridge farms, said plan being recorded in the Cumberland County Recorder's Office in Plan Book 15, Page 38. Tax Parcel No. 10-19-1598-033. * ~, 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION PENNSYLVANIA STATE BANK, N0.2007-3173 ~-, Division of BLC BANK, N.A., now by merger ~, c~ PNC BANK, NATIONAL ASSOCIATION, ~~ Plaintiff ~~ ~ .-t ~ ~d v. SPANKEY'S AUTO SALES, A Pennsylvania Business Trust, DONALD B. LEGGETT, Trustee, Defendants C CIVIL ACTION -LAW d -n ~~ r/ ~© ~o s fi a ~n 0 pt'n N ~ cJ'- -C PARTIAL RELEASE OF JUDGMENT LIEN WHEREAS, on May 25, 2007, Judgment was entered in favor of Plaintiff and against Defendants in the Court of Common Pleas of Cumberland County at No. 2007-3173; and WHEREAS, Defendants own an interest in that certain real property known as 603 East Locust. Street, 601, 602, 701 and 705 East Locust Street and 607 East Locust Street, Hampden Township, Cumberland County, Pennsylvania, as more particularly described on Exhibit "A" attached hereto and made a part hereof (the "Property"); and WHEREAS, the Defendants have requested the Plaintiff to release the Property from the lien of the Judgment, which Property constitutes a portion, but not all, of the Property that is subject to the lien of the Judgment. NOW, THEREFORE, for good and valuable consideration, the receipt of which is hereby acknowledged, and intending to be legally bound, Plaintiff, PNC Bank, National Association, for itself and its successors and assigns, agrees that it will not attach or levy upon, sell or dispose of, or claim or demand the Property as a result of the Judgment, and further releases the lien of the Judgment only on the Property; provided, however, that neither this Partial Release nor anything herein contained invalidates, diminishes, alters, or otherwise affects the Judgment or the lien or security of the Judgment upon or against any other property of Defendants or either of them in Cumberland County, Pennsylvania, or elsewhere; and provided further that neither this Partial Release nor anything contained herein is or should be construed to be or to evidence satisfaction or discharge of the debt of the Defendants to the Plaintiff, PNC Bank, National Association. ,~g.~~,~ cc~ ~rz~ Rte- as~z5c~ IN WITNESS WHEREOF, the Undersigned executed this Partial Release this /q day of October, 2010. PNC BANK, NATIONAL ASSOCIATION By: Brett .Bertoli Vice President COMMONWEALTH OF PENNSYLVANIA COUNTY OF LANCASTER SS.: On this, the ~ day of October, 2010, before me, the undersigned officer, personally appeazed Brett A. Bertoli, who acknowledged himself to be the Vice President of PNC Bank, National Association, who being authorized to do so, executed the foregoing instrument for the purposes therein contained as such officer. IN WITNESS WHEREOF, I hereunto set my hand and notarial seal the day and yeaz aforesaid. Notary ublic My Commission Expires: 6 ~31~-a / ~ COMMONWEALTH OF PENNSYLVANIA Notarial Seat Connie Blxler, Notary Public Manheim Twp., Lancaster County MY Commisalon Expires Jan. 31,2012 Member, Pennsyhrania AssacJation of Notaries EXHIBIT "A" Tract No. 1 The property known as 607 East Locust Street, Lots 36 through 41, identified as Tax Pazcel Nos. 10-23-0563-010 and 10-23-0563-011, located in Hampden Township, Cumberland County, Pennsylvania. BEING THE SAME PREMISES which were granted and conveyed to Spankey's Auto Sales, Inc., Mortgagor herein, by Deed dated October 3, 1985, and recorded in the Office of the Recorder of Deeds for Cumberland County, Pennsylvania, on October 16, 1985, in Record Book 31N, page 774. Tract No. 2 The property known as 603 East Locust Street, Northeast corner of Locust and Norway Streets Lots 43 through 45, and Northern line of Locust Street Lot 42, identified as Tax Parcel No. 10- 23-0563-009, located in Hampden Township, Cumberland County, Pennsylvania. BEING THE SAME PREMISES which were granted and conveyed to Spankey's Auto Sales, Inc., Mortgagor herein, by Deed dated February 5, 1985, and recorded in the Office of the Recorder of Deeds for Cumberland County, Pennsylvania, on February 6, 1985, in Record Book 31C, page 507. Tract No. 3 The property known as 601, 602, 701 and 705 East Locust Street, identified as Lots 25 through 35, Tax Pazcel No. 10-23-0563-012, located in Hampden Township, Cumberland County, Pennsylvania. BEING THE SAME PREMISES which were granted and conveyed to Spankey's Auto Sales, Inc., Mortgagor herein, by Deed dated October 31, 1984, and recorded in the Office of the Recorder of Deeds for Cumberland County, Pennsylvania, on November 16, 1985, in Record Book 30Z, page 482.