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Home My WebLink About07-3175Robert 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 email: 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. 7-- 317 5' r J? 1 DONALD B. LEGGETT and MELISSA : CIVIL DIVISION - LAW M. LEGGETT Defendants : CONFESSED JUDGMENT CONFESSION OF JUDGMENT Pursuant to the authority contained in the warrant of authority, a true and correct copy of which is attached to the Complaint filed in this action, I appear for the Defendants and confess Judgment in favor of Plaintiff and against Defendants 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 1 0529.71 Judgment entered as above. Robert D. Kodak, Esquire Attorney for Defendants Prothonotary PENNSYLVANIA STATE BANK, Division of BLC BANK, N.A. Plaintiff V. DONALD B. LEGGETT and MELISSA M.LEGGETT Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 07- 3175- 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, Donald B. Leggett, is an adult individual, who maintains an address at 150 East Laurel Lane, Camp Hill, Cumberland County, Pennsylvania 17011. 3. Defendant, Melissa M. Leggett, is an adult individual, who maintains an address at 150 East Laurel Lane, Camp Hill, Cumberland County, Pennsylvania 17011. F:\USER\BONNIEJO\PSB\CONFJUDG\Spankeys et al\comp leggett gty.wpd:25May07 1 MAY-24-2407 11:09 COMMERCIAL LOAN DOCUMENTA 7177354764 P.007 COMMERCIAL GUARANTY Loan No: 7150000425 (Continued) Page 2 manor whatsoever. In Addition to the waivers set forth herein, if now or hereafter Borrower Is or shall become insolvent and the Indebtedness shall not at all times until paid be fully secured by collateral pledged by Borrower, Guarantor hereby forever waives and gives up In favor of Lender and Borrower, and Lender's and Borrower's respective successors, any claim or right to payment Guarantor may now have or hereafter have or acquire against Borrower, by subrogation or otherwise, so that at no time shall Guarantor be or become a "creditor" of Borrowor within the meaning of 11 U.S.C. section 547(b), or any successor provision of the Federal bankruptcy laws. Guarantor also waives any and all rights or defenses based on suretyship or impairment of collateral including, but not linutted to, any rights or defenses arising by reason of (A) any "one action' or 'antl-deflciency' law or any other law which may prevent Lender from bringing any action, including a claim for deficiency, against Guarantor, before or after Lender's commencement or compledon of any foreclosure action, either judicially or by exercise of a power of safe; (8) any election of remedies by Lender which destroys or otherwise adversely affects Guarantor's subrogation rights or Guarantor's rights to proceed against Borrower for reimbursement, Including without limitation, any lose of rights Guarantor may suffer by reason of any law limiting. qualifying, or discharging the Indebtedness; (C) any disability or other defense of Borrower, of any other guarantor, or of any other person, or by reason of the cessation of Borrower's liability from any cause whatsoever, other than payment in full In legal tender, of the Indebtedness; (D) any right to claim discharge of the Indebtedness on the basis of unjustified impairment of any collateral for the Indebtedness; (E) any statute of limitations. If at any time any action or suit brought by Lender against Guarantor Is commenced, there is outstanding Indebtedness of Borrower to Lender which is not barred by any applicable statute of limitations; or (F) any defenses given to guarantors at law or in equity other than actual payment and performance of the Indebtedness. If payment is made by Borrower, whether voluntarily or otherwise, or by any third party, on the Indebtedness and thoroahor Lender is forced to remit the amount of that payment to Borrower's trustee in bankruptcy or to any similar person under any federal or state bankruptcy law or law for the relief of debtors, the Indebtedness shall be considered unpaid for the purpose of the enforcement of this Guaranty. Guarantor further waives and agrees not to assert or claim at any time any deductions to the amount guaranteed under this Guaranty for any claim of setoff, counterclaim, counter demand, reeoupment or similar right, whether such Claim, demand or right may be assortod by the Borrower, the Guarantor, or both, GUARANTOR'S UNDERSTANDING WITH RESPECT TO WAIVERS. Guarantor warrants and agrees that each of the waivers set forth above Is made with Guarantor's full knowledgo of Its significance and consequences and that, under the circumstances, the waivers are reasonable and not contrary to public policy or law. If any such waiver is determined to be contrary to any applicable law or public policy, such waiver shall be effective only to the extent permittod by law or public policy. SUBORDINATION OF BORROWER'S DEBTS TO GUARANTOR. Guarantor agrees that the Indebtedness of Borrower to Lender, whether now existing or hereafter created, shall be superior to any claim that Guarantor may now have or hereafter acquire against Borrower, whether or not Borrower becomes Insolvent. Guarantor hereby expressly subordinates any claim Guarantor may have against Borrower, upon any account whatsoever, to any claim that Lender may now or hereafter have against Borrower. In the avant of Insolvency and consequent liquidation of the assets of Borrower, through bankruptcy, by an assignment for the benefit of creditors, by voluntary liquidation, or otherwise, the assets of Borrower applicable to the payment of the claims of both Lender and Guarantor shall be paid to Lender and shall be first applied by Lender to the Indebtedness of Borrower to Lender. Guarantor does hereby assign to Lender all claims which it may have or acquire against Borrower or against any assignee or trustee in bankruptcy of Borrower, provided however, that such assignment shall be effective only for the purpose of assuring to Lender full payment in legal tender of the Indebtedness. If Lender so requests, any notes or credit agreements now or hereafter evidencing any debts or obligations of Borrower to Guarantor shall be marked with a legend that the same are subject to this Guaranty and shall be delivered to Lender. Guarantor agrees, and Lender is hereby authorized, in the name of Guarantor, from time to time to file financing statements and continuation statements and to execute documents and to take such othoe actions as Lender deems necessary or appropriate to perfect, preserve and enforce its rights under this Guaranty, MISCELLANEOUS PROVISIONS. The following miscellaneous provisions are a part of this Guaranty: Amendments. This Guaranty, together with any Related Documents, constitutes the entire understanding and agreement of the parties as to the matters set forth In this Guaranty, No alteration of or amendment to this Guaranty shall be effective unless given in writing and signed by the party or parties sought to be charged or bound by the alteration or amendment. Attorneys' Fees; Expenses: Guarantor agrees to pay upon demand all of Lender's costs and expenses, Including Lender's attorneys' fees and Lender's legal expenses; incurred in connection with the enforcement of this Guaranty. Lender may hire or pay someone else to holy enforce this Guaranty, and Guarantor shall pay the costs and expenses of such enforcement. Costs and expenses include Lender's attorneys' fees and legal expenses whether or not there Is A lawsuit, including attorneys' fees and legal expenses for bankruptcy proceedings (Including efforts to• modify or vacate any automatic stay or injunction), appeals, and any anticipated post judgment collection services. Guarantor also shall pay all court costs and such additional fees as may be directed by the court. Caption Headings. Caption headings in this Guaranty are for convenience purposes only and are not to be used to interpret or define the provisions of this Guaranty. Governing Law. This Guaranty will be governed by federal law applicable to Lender and, to the extent not preempted by federal law, the laws of the Commonwealth of Pennsylvania without regard to fts conflicts of law provisions. This Guaranty has boon accepted by Lender In the Commonwealth of Pennsylvania. integration. Guarantor further agrees that Guarantor has read and fully understands the terms of this Guaranty; Guarantor has twid the opportunity to be advised by Guarantor's attorney with respect to this Guargnty; the Guaranty fully reflects Guarantor's Intentlons and parol evidence Is not required to Interpret the terms of this Guaranty. Guarantor hereby indemnifies and holds Lender harmless from all loaases, claims, damages, and costs (Including Lender's attorneys' foes) suffered or incurred by Lender as a •resuft of any breach by'Guarantor of the warranties, representations and agreements of this paragraph. Interpretation. In all cases whore there Is more than one Borrower or Guarantor, then all words used in this Guaranty In the singular shall be deemed to have been used In the plural where the context and construction so require; and where there is more than one Borrower named in this Guaranty or when this Guaranty is executed by more than one Guarantor, the words "Borrower" and "Guarantor" respectively shall mean all and any one or more of them. The words "Guarantor," 'Borrower," and "Lender" include the heirs, successors, assigns, and transferees of each of them. If a court finds that any provision of this Guaranty is not valid or should not be entorcod, that fact by itself will not mean that the rest of this Guaranty will not be valid or enforced. Therefore, a court will enforce the rest of the provisions of this Guaranty even 'tf a provision of -this Guaranty may be found to be invalid or unonforoeable. If any one or more of Borrower or Guarantor are corporations, partnerships, limited liability companies, or similar entitles, It is not necessary for Lender to Inquire Into the powers of Borrower or Guarantor or of the officers, directors, paRnerS, managers, or other agents acting or purporting to act on their behalf, and any indebtedness made or created In relkance upon the professed axerclse of such powers shalt be guaranteed under this Guaranty. Notices. Unless otherwise provided by applicable law, any notice required to be given under this Guaranty shall be given in writing, and shall be ettecttvo when actually delivered, when actually received by teletacsimile (unless otherwise required by law), when deposited with a na5onally 'MAY-24-2007 11:09 COMMERCIAL LOAN DOCUMENTA 7177354764 P.008 COMMERCIAL GUARANTY Loan NO; 7150000425 (Continued) Page 3 formal written notice to the other parties, spocifying that the purpose of the notico is to change the party's address. For notice purposes, Guarantor agrees to keep Lender informed at all times of Guarantor's current address. Unless otherwise provided by applicable law, If there is more than one Guarantor, any notice given by Lender to any Guarantor Is deemed to be notice given to all Guarantors. No Waiver by Lander. Lender shall not be deemed to have waived any rights under this Guaranty unless such waiver is given in writing and signed by Lender. No delay or omission on the part of tender in exercising any right shall operate as a waiver of such right or any other right. A waiver by Lander of a provision of this Guaranty shall not prejudice or constitute a waiver of Lender's right otherwiso to demand sulct compliance with that provision or any other provision of this Guaranty. No prior waiver by Lender, nor any course of dealing between Lander and Guarantor, shall constitute a waiver of any of Lender's rights or of any of Guarantor's obligations as to any future transactions. Whenever the Consent of Lender Is required under this Guaranty, the granting of such consent by Lender in any instance shall not constitute continuing consent to subsequent instances where such consent is required and In all cases such consent may be granted or withheld in the sole discretion of Lender. Successors and Assigns. The terms of this Guaranty shall be binding upon Guarantor, and upon Guarantor's heirs, personal representativos, successors, and assigns, and shall be enforceable by Lender and its successors and assigns. DEFINITIONS. The following capitalized words and terms shall have the tollowing meanings when used in this Guaranty. Unless specifically stated to the contrary, all references to dollar amounts shall mean amounts In lawful money of the United States of America. Words and terms used in the singular shall include the plural, and the plural shall include the singular, as the context may require. Words and terms not otherwise defined in this Guaranty shall havo the meanings attributed to such terms in the Uniform Commercial Codo: Borrower. The word 'Borrower" moans Spankay's Auto Sales and includes all co-signers and co-makers signing the Note. Guarantor. The word "Guarantor' means each and every person or entity signing this Guaranty, including without limitation Donald B. Leggett and Melissa M. Leggett. Guaranty. The word 'Guaranty' means the guaranty from Guarantor to Lender, including without limitation a guaranty of all or part of the Note. Indebtedness. The word 'Indebtedness" means Borrower's indobtodness to Lender as more particularly described In this Guaranty, Lender. The word "Lander" means Pennsylvania Stato Bank, Its successors and assigns. Note. The word 'Nora" means the promissory note dated /v A in the original principal amount of 52,500,000.00 from Borrower to Lender, together with all renowals of, extensions of, modifications of, refinancings of, consolidations of, and substitutions for the promissory note or agreement. Relatod Documents. The words "Related Documents" mean all promissory notes, croda agreements, loan agreements, environmontal agreements, guaranties, security agreements, mortgages, deeds of trust, security deeds, collateral mortgages, and all other instruments, agreements and documents, whether now or hereafter existing, executed in connecMn with the indebtedness. CONFESSION OF JUDGMENT. GUARANTOR 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 GUARANTOR AFTER THE AMOUNTS HEREUNDER BECOME DUE AND WITH OR WITHOUT COMPLAINT FILED, CONFESS OR ENTER JUDGMENT AGAINST GUARANTOR FOR THE ENTIRE PRINCIPAL BALANCE OF THIS GUARANTY AND ALL ACCRUED INTEREST, LATE CHARGES AND ANY AND ALL AMOUNTS EXPENDED OR ADVANCED BY LENDER RELATING TO ANY COLLATERAL SECURING THE INDEBTEDNESS, 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 GUARANTY OR A COPY OF THIS GUARANTY VERIFIED BY AFFIDAVIT SHALL BE SUFFICIENT WARRANT. THE AUTHORITY GRANTED IN THIS GUARANTY TO CONFESS JUDGMENT AGAINST GUARANTOR 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 GUARANTY. GUARANTOR HEREBY WAIVES ANY RIGHT GUARANTOR MAY HAVE TO NOTICE OR TO A HEARING IN CONNECTION WITH ANY SUCH CONFESSION OF JUDGMENT AND STATES THAT EITHEA A REPRESENTATIVE OF LENDER SPECIFICALLY CALLED THIS CONFESSION OF JUDGMENT PROVISION TO GUARANTOR'S ATTENTION OR GUARANTOR HAS BEEN REPRESENTED BY INDEPENDENT LEGAL COUNSEL. EACH UNDERSIGNED GUARANTOR ACKNOWLEDGES HAVING READ ALL THE PROVISIONS OF THIS GUARANTY AND AGREES TO ITS. TERMS. IN ADDITION, EACH GUARANTOR UNDERSTANDS THAT THIS GUARANTY IS EFFECTIVE UPON GUARANTOR'S EXECUTION AND DELIVERY OF THIS GUARANTY TO LENDER AND THAT THE GUARANTY WILL CONTINUE UNTIL TERMINATED IN THE MANNER SET FORTH IN THE SECTION TITLED "DURATION -OF GUARA t". NO FORMAL ACCEPTANCE BY LENDER IS NECESSARY TO MAKE THIS GUARANTY EFFECTIVE. THIS GUARANTY IS DATED THIS GUARANTY IS GIVEN UNDER SEAL AND IT IS INTENDED THAT THIS GUARANTY IS AND SHALL CONSTITUTE AND HAVE THE EFFECT OF A SEALED INSTRUMENT ACCORDING TO LAW. GUARANTOR: Donald get and lMe M. Leggett `- w. e.a.mam cr.. rrnx.r niwr aeoww, w, tvi. ao, w nyu. n..+...a . ft t tif.mAIF&IC Tn Wei -aa :z4-2007 11:10 COMMERCIAL LOAN DOCUMENTA 7177354764 P.014 DISCLOSURE FOR CONFESSION OF JUDGMENT p hr::::::: -::::::.::.?;k:S??R;Q"•::•?"''"'":? 1«` Z?st?_.x::?• •:.:x...M:;R?#iJt':?::<:';?: ?.?Qt?.? ="? :•?11 "'?`_ ":'•:;ox:r. -aw•".'....^^•••^..?.•...._.frT:.-- .:a... ..........,.,,.., :::x:x::: ::x::::x:: •-"•x:• :::a:: ... "l?Rt7iA7f?•tx::. Qr•.?• :x:: xax .:::a;: ::x'..".,".:x 1??/?( .x'•.w;•'•?•;x ..,...?...w....,... R6fOrOMOS In Ins Shaded area are for Lender's use only and do not limit tho applicability of this document to any particular loan or Item. Any item above containing has been omitted due to text longth limitations 3orrower: Spankey's Auto Sal" Lender: Pennsylvania State Bank 701 East Locust Street Woat Hanovor Branch Mechanicsburg, PA 17055 7040 Old Jonestown Road Harrisburg, PA 17112 Declarant: Donald B. Leggett and Mellssa M. Leggett 150 Eest Laurel Lane Camp Hill, PA 17011 DISCLOSURE FOR CONFESSION OF JUDGMENT I AM EXECUTING, THIS 47-141 DAY OF ? 2ppS'. A GUARANTY OF A PROMISSORY NOTE FO 42,500,000.00 OBLIGATING ME TO REPAY THAT AMOU A. 1 UNDERSTAND THAT THE GUARANTY CONTAINS A CONFESSION OF JUDGMENT PROVISION THAT WOULD PERMIT LENDER TO ENTER • :---JUDGMENT AGAINST ME IN COURT, AFTER A DEFAULT ON THE GUARANTY. WITHOUT ADVANCE NOTICE TO ME AND WITHOUT OFFERING AN OPPORTUNITY TO DEFEND AGAINST THE ENTRY OF JUDGMENT. IN EXECUTING THE GUARANTY, BEING FULLY AWARE OF MY '-RIGHTS TO ADVANCE NOTICE AND TO A HEARING TO CONTEST THE VALIDITY OF ANY JUDGMENT OR OTHER CLAIMS THAT LENDER MAY ASSERT AGAINST ME UNDER THE GUARANTY, 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 LENDER'S ENTERING JUDGMENT AG ME BY CONFESSION 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 ME WITHOUT ADVANCE NOTICE OR A HEARING, THE CONFESSION OF JUDGMENT PROVISION IN THE GUARANTY ALSO CONTAINS LANGUAGE THAT WOULD PERMIT LENDER, AFTER ENTRY OF JUDGMENT, AGAIN WITHOUT EITHER ADVANCE NOTICE OR A HEARING, TO EXECUTE ON THE JUDGMENT BY FORECLOSING UPON, ATTACHING, LEVYING ON, TAKING POSSESSION OF OR OTHERWISE-SCONG MY PROPERTY, IN FULL OR PARTIAL PAYMENT OF THE JUDGMENT. IN EXECUTING THE GUARANTY, BEING FULLY AWARE OF MY RIGHTS TO ADVANCE NOTICE AND A HEARING AFTER JUDGMENT IS ENTERED AND BEFORE EXECUTION ON THE JUDGMENT, 1 AM KNOWINGLY, INTELLIGENTLY AND VOLUNTARILY WAIVING THESE RIGHTS, AND 1 EXPRESSLY AGREE AND CONSENT TO LENDER'S IMMEDIATELY EXECUTING ON THE JUDG IN ANY MANNER PERMITTED BY APPLICABLE STATE AND FEDERAL LAW, WITHOUT GIVING ME ANY ADVANCE NO C INITIALS: AFTER HAVING READ AND DETERMINED WHICH OF THE FOLLOWING STATEMENTS ARE APPLICABLE, BY INITIALING EACH . STATEMENT THAT APPLIES, 1 REPRESENT THAT: INITIALS F I WAS REPRESENTED BY MY OWN INDEPENDENT LEGAL COUNSEL IN CONNECTION WITH THE GUARANTY. 2. A REPRESENTATIVE OF LENDER SPECIFICALLY CALLED THE CONFESSION OF JUDGMENT PROVISION IN THE GUARANTY TO MY ATTENTION. D. I CERTIFY THAT MY ANNUAL INCOME EXCEEDS $10,000; 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 IS GIVEN UNDER SEAL AND IT IS INTENDED THAT THIS DISCLOSURE IS AND SHALL CONSTITUTE AND HAVE THE EFFECT OF A SEALED INSTRUMENT ACCORDING TO LAW. DECLARANT: A,, MAY-25-2007 10:09 DOCUMENTATION 717 735 4864 P.02i02 F a o o mo N O O' C C? G W PG r J1 k-• 1'1 •n rn 2 n O? p. ?, N 14 C9 o i G 4 a o 1 M.7 0 F 7`• r N O N ? F W Ohbf- br tSb ry m ."'. [-? 000000 00 t •"? O d, 1 1 I w 0 0 U N O N O M N rv r N No N m N v I N 1 Q I Q I N J, ra --? Jt n ?+ m •n r- O W F ?'+ O n O O .-? u C) h N K I+. x F r Vl O C6 1 W Jl U N Cal ?n a W u x a m a a a: .F ..7 0. a ? S d [r m W w a F• RC d Vl F W N .7 O d T A. :s OW 0r0r-Qr 00 (J H OOOGOP no z 4 i 1 I sC O O -+ O r+ O .•+ M -7 o.DO mU r g m N I C' I v l P m} On omw to Q M W F o? W v Cd GI a0 r, 0• 0 v M E- Rio vh nJ NG D { • U? - 1r1 - ,n LG mNr.N V N ?v (-? N - - N U7 F a a a m L] N N F Fa ? Ix-I z r, x to 10 N W m e V v+ v ., r, ? m m 0 ,t rn O m r+ v x o v r? N h n In O K 4 N Y N cl N N X O d n F .] n y a z y W ra, a J b on r JI Jt v e v r r r o y n G CJ C D O O O O T °, No v? o m o? v Vl m W c .a ? W z to .] O ? ? a ?• tsi N VI .J?Cc. O cC F a a y .. O N O? O E - .t r w a O N W N yr ? Vl m j, Z N O P, z a l W C?.7 U a EA3 .i F 0 r_a .+ u rd .? I h ? O O D F K 43 a 4 ""MAY-25-2007 13:44 DOCUMENTATION VERIFICATION 717 735 4864 P.02/02 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 aforegoing document arc true and corredt. I understand that false statements herein are made subject to the penalties of 18 Pa. C. S. §4904, relating to unsworn falsification to authorities. Dated: S a?Q PENNSYLVANIA STATE BANK, Division of BLC BANK, N.A. ?, , David W. Prevost Vice-President/Special Assets Officer TOTAL P.02 Q r'"'; r a Tj 9 T PENNSYLVANIA STATE BANK, IN THE COURT OF COMMON PLEAS Division of BLC BANK, N.A. CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff : V. NO. a 7 -3 / 7 5;-- e- DONALD B. LEGGETT and MELISSA : CIVIL DIVISION - LAW M.LEGGETT Defendants : 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. ???+1f+???????? The above certification is made subject to the penalties of 18 Pa. C 4 relating t orn 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 r_., r..? J::J .. 1 ."? j `j'? ?. .. ---{ '-. 17 r. f \? ? ?? r I'?`' ?ti '- ?..? `J ?v •? PENNSYLVANIA STATE BANK, Division of BLC BANK, N.A. Plaintiff V. DONALD B. LEGGETT and MELISSA IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 0 7- 317 S c1 1 : CIVIL DIVISION - LAW M.LEGGETT Defendants TO: MELISSA M. LEGGETT, Defendant CONFESSED JUDGMENT You are hereby notified that on 2007, Judgment by confession was entered against you in the sum of $2,180,529.71 in the above-captioned case. DATE: ?71 -15- 2007 is/ U," 12- ga?t, 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: 150 EAST LAUREL LANE CAMP HILL PA 17011 Z'55?41? ? Robert D. Kodak, Attorney for Plaintiff CUMBERLAND COUNTY BAR ASSOCIATION TWO LIBERTY AVENUE CARLISLE PA 17013 (717) 249-3166 PENNSYLVANIA STATE BANK, Division of BLC BANK, N.A. Plaintiff V. DONALD B. LEGGETT and MELISSA M. LEGGETT Defendants TO: DONALD B. LEGGETT, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 0 `) . 317 .5- : CIVIL DIVISION - LAW : CONFESSED JUDGMENT You are hereby notified that on _ 979 AW )- 57-, 2007, Judgment by confession was entered against you in the sum of $2,180,529.71 in icaptioned case. DATE: /) / " -1- 5- 2007 s/ ?r ?. Oc 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: 150 EAST LAUREL LANE CAMP HILL PA 17011 Robert D. Kodak, Attorney for Plaintiff CUMBERLAND COUNTY BAR ASSOCIATION TWO LIBERTY AVENUE CARLISLE PA 17013 (717) 249-3166 PENNSYLVANIA STATE BANK, Division of BLC BANK, N.A. Plaintiff V. DONALD B. LEGGETT and MELISSA M. LEGGETT Defendants : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. b7-3/75 : CIVIL DIVISION - LAW : CONFESSED JUDGMENT NOTICE UNDER RULE 2958.1 OF JUDGMENT AND EXECUTION THEREON NOTICE OF DEFENDANT'S RIGHTS TO: MELISSA M. LEGGETT, 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 71 PENNSYLVANIA STATE BANK, Division of BLC BANK, N.A. Plaintiff V. DONALD B. LEGGETT and MELISSA M.LEGGETT Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA . NO. 6 -)- 3) 7 S : CIVIL DIVISION - LAW CONFESSED JUDGMENT NOTICE UNDER RULE 2958.1 OF JUDGMENT AND EXECUTION THEREON NOTICE OF DEFENDANT'S RIGHTS TO: DONALD B. LEGGETT, 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 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 email: robert.kodak@verizon.net Attorney for Pennsylvania State Bank PENNSYLVANIA STATE BANK, a Division of BLC BANK, N.A. Plaintiff V. DONALD B. LEGGETT and MELISSA LEGGETT Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 07-3175 CIVIL : CIVIL ACTION -LAW CERTIFICATE OF SERVICE I, ROBERT D. KODAK, ESQUIRE, hereby certify that on May 25, 2007, I served a true and correct copy of the Confession of Judgment, Complaint in Confession of Judgment w/Exhibits, Notice Under Rule 2958. 1, Notice of Judgment by Confession (236 Notice), and Plaintiff's Affidavit/Averment in the above-captioned matter upon the below listed individual(s) by causing same to be deposited in the United States mail, first class postage prepaid at Harrisburg, Dauphin 0 ,??Sl=csrQC ? ? ' . .??•'!' ? % fl ? ? KODAK & IMBLUM, P.C. CAMERON MANSION 407 NORTH FRONT STREET P.O. BOX 11848 HARRISBURG, PA 17108-1848 TO: MELISSA m LEGGF.Tt 150 EAST LAUER LANE CAMP HILL PA 17011 'IQ 241 "2 MAILED FROMZIP 000E KODAK & IMBLUM, P.C. CAMERON MANSION 407 NORTH FROM STREET P.O. BOX 11848 HARRISBURG, PA 17108-1848 TO : DONALD B LEGGETT 150 EAST LAUER LANE l CAMP HILL PA 17011 : t ' % G? t +py ? -? 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. DONALD B. LEGGETT and MELISSA M., LEGGETT Defendants NO. 2007-3175 CIVIL ACTION - LAW PARTIAL RELEASE OF JUDGMENT LIEN Q c ? 0 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. 2007-3175; 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. $ Ib.oo Pa PL.FF Cw M 4Ra8 e .141583 IN WITNESS WHEREOF, the Undersigned executed this Partial Release this ?day of February, 2010. PNC BANK, NATIONAL ASSOCIATION By: Brett A. Bertoli Assistant Vice President COMMONWEALTH OF PENNSYLVANIA SS.: COUNTY OF On this, the FA 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. fl:`?r rl,"•J 6'?l_ r ?'1 P PF.",u 43 LV/ NV% Nnisn9l 3a 93i C onlle Bixiel•. Ncitary Public Mant-im ?wa., ?.nancaster County y Co; it a _wl.res ,ian. 3i, 2612 ,e-r, PenansytranI Nsscciaeion d Notaries Notary PUbi1C My Commission Expires: 6 1/ ?)/oZa 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 IV. DONALD B. LEGGETT and MELISSA M., LEGGETT Defendants NO. 2007-3175 cs _ W `t7 ? - y C 1 CIVIL ACTION - LAW c -n 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. 2007-3175; 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 intendin;,, 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. *9.00P n b" 0-t 143%7 e! A143V IN WITNESS WHEREOF, the Undersigned executed this Partial Release this 19 day of August, 2010. PNC BANK, NATIONAL ASSOCIATION By: \ ? Brett A. Bertoli Vice President COMMONWEALTH OF PENNSYLVANIA COUNTY OF SS.: On this. the _19 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. C?3'Zi'YI_L2- .? Notary Public My Commission Expires: C i/3wZd ?' ,C)MMUNWEALTH OF PENNSYLVANIA _._..,..... Notarial Seal Connie Bixler, Notary Public Man". rn Twp., Lancaster County MY Commission Expires Jan. 31, 2012 Member, Pennsvlvaniai 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.