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HomeMy WebLinkAbout07-3234Robert 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 Plaintiff v. :CUMBERLAND COUNTY, PENNSYLVANIA DBL, a Pennsylvania Limited Partnership, :CIVIL DIVISION -LAW SPANKEY'S AUTO SALES, INC., General Partner Defendant :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 Defendant as follows: Principal Amount Due .............................. $ 338,711.98 Interest Amount Due @ 6.00% p/a ..................... $ 225.66 Attorney Collection Fees ............................ $ 33,871.98 TOTAL ............................... .. ...$ 372,583.96 Judgment entered as above. - "`` Robert D. Kodak, Esquire Attorney for Defendant Prothonotary PENNSYLVANIA STATE BANK, Division of BLC BANK, N.A. Plaintiff v. DBL, a Pennsylvania Limited Partnership, SPANKEY'S AUTO SALES, INC., General Partner Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 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 is DBL, a Pennsylvania Limited Partnership, Spankey's Auto Sales, General Partner, with an office and place of business at 701 East Locust Street, Mechanicsburg, Cumberland County, Pennsylvania 17055. F:\USER\BONNIEJO\PSB\CONFJUDG\Spankeys et al\comp db13070110.wpd:29May07 1 MAY-24-2007 11:12 COMMERCIAL LOAN DOCUMENTA 7177354764 Y.002 PROMISSORY NOTE References In the aheded area are to Lertdcr's uro Orly and do not knit the applk'aDliiry of ihla docttmont ro any pertlcutar ben or anm. An Item euovc contalnin ""'has boon omitted ddue ro text ten th Ihrtitattana. BOtTOWOr: D9L, ~ Ptxtnsylvania Llmitod Parfnorehlp (T1N: LandAr: PENNSYLVANIA STATL• BANK ?b.1fk18185) west Heneva FlnaneWl Center 701 E Leeust Street 7x40 Jonestown Road Nlodtanlcabur9, PA 17055 Mamsbury, PA 17112303a pt7) tno•eBOo Principal Amount: 5373,000.00 Interest Aate: 6.000 Date of Note: February 11, 2004 tAaarrlry Dale: Fcbnrnry 15, 2024 PROMISE TO PAY. DAL, a PennsyNanla Limited Pannersitip ('Borrows') premises to pay to PETIN6YLYANU STATE BANK ("Lender'), a order, In lawful money OI the Unilod Stator o} ArMrlu, ills prlndlpal amount o1 Three Hundred Seventy-three Thousand B, 001100 Dollars (33'73,000.00), tegeiher with Intere:l at me taco of 6.000'/i pw anrwm on Me unpaid prtnetpat ttalanee from February t1, zoos, until paid in tuft. PAYMENT. Borrower will pay Mle town tr accordance with Mo lollowing payment sctwdula The prinipal sum' of 3J73,000.dO, togoMer with Interest as herdnaner provided on the prtrrtipal balance ovtsiarldinp at any tlme, ealeulated en Me orals of a J00 day yt:a-, shall be pryable In eoneetutlve menthry InelellmenU' , eemmencbrg on Marsh 16, IOOa, and eonnnuing on Me ttnsenm day e1 eadt nanth thertattor until Fobntary 15, 2024, unlw tM Candor elects at any thtw attar Fetxuary t6, 2009 to declare rho thou remaining prlnetpai balance and accrued rnteresl as imme4L~4Jy due and paymme, as provided bobw. t;amtt+encing lrom the Batt hereel and cornlnuing u-ni Fabruery 15, 2008, pnntlpal end Dtte-eat to streets rt the rate et sbr pereem (0.00%) Per annum on Mo outatarWtng pnnelpal Delanee shall be payabe In sport monMN insWlmonts of 12,692.94 on the tlhaartM day of seen tnonM, seeh ouch payment to be appued first to the payment of Intareat on the outstanding prlnetpal balartee. na:ed en an agreed twenty (20) year amortbatlon. 7ltoreatter, unbss the Lender ltue Betted to dxlaro ntc then rolnaining principal balance and aer:rued Interest ae tntmedtately due and payat>fo, as provWed below, the Intetwt me payable en the prlndpal amount of the loan tlrcn outttanding shall bo a rate as oflaree Dy Me Lertdd in Its sole dlsaotlon, and the amount of the monthly Insnlltnenta oT pAnelpel and Interest shau be such as have been agroed between Me eonewer and the Lender. PrlnCipal and IntervsL at the rate above stated efuli De geld Dy Borrowx b Lender to consetulhro rnottthly Irttuallmams oommancffng nn Marsh tb, 2006, one eentlnuNg on the filteenM day of oaeh retonM Meraane- until February 16, z02I, unless rho Londe has alaeood to da~elars the Mart remaining prtndpal Dflance and acaucd kttexosl as immedletely due and payable, ss provtde4 below , Unless othorwisd spread or r4qulred Dy ttppOCaDte taw, payments will t>o applied fret to troy starved unpaid interest: then to prlnWpaF, Men to soy unpaid teiketion costs; and Mon ro any lab enargsa. The annual Interest rate (a Ihis Note is computed on a 365J360 heals; loaf is, by applying fns retie of Me sntxtal interest me ova a year of 90o days, muttlplled try the eutetanding pdndpal baisnee, multiplied ny oho actWl numbs o} days rho Drindpal balance la outatartdln¢ Renewer writ pay Lends at Lenders addross shown above or 4t auto Othel glees as Lender msy deatgnate In tarltln¢ PREPAYMENT PENALTY; MINIMUM IN'rEgEST CHARGE In any even! even upon WU prapsyn,or,t d bk Nob, eonowcr urdas4tnds loot Lender is ondded ro e minlmum.tnterest drags of 37.ti0. upon prepayment of Mk Note, Lartdw is entlded to tM foaowing prepayment penaly: H for any trvson you should prepay rho Loan 4 prepayttt4nl panatty shall be Invoked. Such prepaymaR loo shall bo payable at Ufa time et prepayment to an amount caleulaled by Lender egwl to flue percent (5X) o} any amount prepaid Burlap 111e flat yter el the Loan; low poroont (ayt) of arty smount prepaid during the seeend year et efts Loan; Mree percent (3h) of any atttotant durlttg too third yea of the Loan; two percent (2%) et any amount during rho fourth year of the Lean end tore percent (zy.) Of any amount durMg the fltth year of rho Loan. eonowar ~Y PAY Mle Loan wttnout perulty from inlomalh 6arterated funds. Odor than Borro,wcr'n obapatton b pay any min'vnan interest charge and prepayment penalty, Borrower may pay all Or a portion of Ma amount owed earlier than It b due. fatty payn,anu wll not, unless agros0 b by Lender in wriUrtO, relieve Borrower of Borrower's obligation to cont:+u0 b make pdymenls order the paymem eti,eduie. Rather. early paymems wIU rLduce the prYrlpsl betv+co due t,nd may result in Botrowe/a making fewer paympr,ts. 8orrowOf agrear not ro send Condor poymwtls marked "geld h tulW, ~Ithata reoatrae', or emUar tanguaga. M OOrrv++or rondo such a payment: Lerwe- may ateopt h without loetnq any or Lenders Aghls under the Note, ark tbnower writ terrain obllgeted to pay arty tttrtMr amount owed to Laker. Ap written cammtmicatbre eoncernlnq dbputed amarea, kfclrtding any meek or other psymenl in+.trumrnl clot indicotea that the peyrt,errt eenatttlaee 'priyn,rrrtt in lul' d the amount awrtl ar a,at is randArod whh otMr condnions or limltetkx,a or as hAt eatlefactbn of a drtputcd amount must be meNed a deUvered to Pemaylvanis State Bank, 2148 Market Syoel P./3. Box 4117 Camp MBI, PA 170pt •04ft7, LATE CHARGE. 11 a payment la t6 tlaya or mono bto, Borrower will be charged 10.0009L of Me regularly eehoduled payment a 660.00, whienever Is greater. • MTEREST AFTER DEFAULT. Upon defstnL Intludtng taaure t0 ply upon frwl maturib, the tomf arm due ttrtde- thb Nee wqt hoer Interest hem the date o} eecolorauon or rMp,rily al rho intereot rate on fhb Note. The Intcren rate wtU not oxcped the maximum rate permitted ay applicable law. DEFAULT. Each or the following ehau catsuwic an event of default ("Event of Default') under tots Note: Payment odatdt Borrower fails to make any payment whop duo under Mis Noto, Other Dolautta. Renewer lays m comply with or to peAam any other lotto. obllgattm, eOVOnenl or eontl6bn eantahaf M WS NOIC or in fury of rho rabmd dacumon~ or m comply wbn or to peAorm any bnn, ObliOalion, covenant ar Oortdtlon contalrted Mt any other agreement between Lender end Borrower. EnNtanmenLtl Default FaAure o1 any petty to tangly wkn or perform whop duo arty form, oblidaoon, convenam a conditbn conuuned In any erwYottrt,er,tal agreement exoeuted to eonnocoon whh any loan. Fable SWernents. Any wercanty, rep-essntation er amtemmt made or fumh„hed ro Lender by Borrower or on Borrowers Dohatt, or rtueo btl t3uerancor, or dry ootar queromer, entkxxar, surey, or eeeommodetlon parry, under tNS Nde er ale reblod decumanrs in arxewttipn whh the obtalntng a the roan ovidoncad by this Nee a any eeeuAry doauneM drra4y a ind'rocdy Sccurinp ropnymortt of Wes Nae Ia false or mlah:ed:,g In any material respect, either now Or al rho tlmo mode or fuMshed or neoorttes false a mL4leadhp at any 1rM Otcrafla. DttaM or InsoNoncy. The dlesdumn or tcvmirwlbn Of aaripwers existence u a gohq business or the Been, of any pamwr, the insnhroney Of BOrrowur, rho appointment of a recalver for any part or DorcOwcrs property, any assi6nment for the~beneflt d aedltora, any type o1 crrrlltor wrxkout or 0te oommeneamerx of any txoceodiM under any bartktuptcy a tr,eoMertcy laws 0Y a egaknt Borrower. Creditor o- Fortelture Prot:eedings, C,orrnrencement of roredoeure or rondlttYe pmccodinge, whether M' jud;eitu proogodino, Self-help, ropoaanteien er arty shot method, b:t any creditor of Borrower a by dry 6ovommerA.il ayoncy a0ainst any od4nterol socurFtp the loert. TMa hcltxlea a gamlahmtx,[ of any of Berrpwcrs accounts, incwdfnq deposh eccotnta, with Lender. Mowevor, Mie Event of Detatlt ;.hoe oat apply it utoro is a good faith dbDute by Renewer ae m Pro wJkfky a rea:onyrtlonass of rho claim wltfch b Ute bosh of the crodhor of totfetturo proeeading ono Ir Borrower ghee Lcndnr wriMMn nodes d the rredllor or brfe:aro xoc^~nq and doposlts with ~+rtda monk. or s surrny !.ork la thq crodUOr or tOr<Otltxo proceeding, in an amount detomlk,ocl by Londcr, n il'. ado dreretion, as being an lrlotluate reserve or bond for the alapttre. Exocutlon; AttaMment Any oxecuuon a aartnmont R levied apaY,st the Colateral, ttnd such execution or attachment la tort sot sates, tllscharOcd o< SL~yod within thirty C.tO) days attar the aam0 le lov',od. Change In Ioning or Publte Restrlenert Any chvrflo in any zoning ordinance or regulaUOn of any o6,er puoltc restrleddi la orwetod, adopkd or implemented, that limits or deUnee tt,e uses watch may bo made of the Cdlawnl such that the present a irxanded use of the Collateral. as :peei0cd In the r<+lalod document, would be h vldatlon of such zoning erclinaner, ar ra0ularion or public restriction. as chan0od, Default Under Ochs Llon Documents. A dsfautt occur-. under any ot/,cr rnong70o, deed of trust or Securhy a9-oemont coverlnq M a any portlon of the Coestcral. .tudgment. Unto,-,s ade0untey eovsreo 0 ornry of a T~ral judt7mont for d+o Daymom of money InvoMnfl morn than ten d,OUSarW Bolter.: (310,000. ">~ owe to dl6ehsfpe tT,e sartw, or eauso It b DC disprurgc;d, a bonded o(f m LerWera eadefectton, within r, decree or process under wttkn or pursuant a wYildt such IudOmonl we". tx,Itruxl. Events Atlocting Guarantor. Any d ro ory Guarama, or any other guoremor, endorser, surety, Ot aceorrrrrodellon party of any of the ind r guarantor, endorser, .urcly, ar aecrxmxkition Duty dire, nr becomes ytcompettutt or revokes or dr puarenry of the indebtedness evbenced Dy this Notes. In the eVenT d a Beata, LendCr, al it;, Option, _ 9 Duarenlore osL4L• la a~ •urt,a unGratrtilkxtally rhC• OhliOadpn' erfsing under the guerenry m a mamvrr sa ' ~ a arty Event of Default PROMISSORY NOTE loan No: 66000078 (Continued) page Z Gvcnta Aflecvng General Partner of Bonovrer. Arty of the preceding events otters vAgt respect to any general partner of Derrower or arty pcrsrral perrnef dlo:' or becorrws Irtt:orttpatertt Chsnpe In Ownpahlp. The r~igrwlbn a expulsion of any ponvral partner with an ovmerehlp merest d twartlyfrvo percent (25^~G) a• morn. in t3orrvwvr, Adverse txrangn ' A material adverse change occurs h BOnowAra Mertoial oonditlon, Or Lortdar believes the prospect o1 payment w PertOrtnmce of this Nolu N impaired. Ineocurlty. Lender In good faith beileves roselt Irc;ocure. Cure Previslona. IT any ddaulL after q1,n a default h p.,yrnvnt Is curable and M eorrowvr has not boon ghren a ndicv of s brcmh of the demo provlsbn of this Note wlQtln dta precedhg lwohrv (1~ months, it may De cured (Mel no event of 091eu1t will have occurred) M Borro..or, o}oer receNlnp written rrotlce from Lender tlemarrdrrtq Cute of Such detaus: (1) cures the tlelautf wlttgn Of4xn (151 days: or (2) If tlw taro rogWres mare gtarr filtoon {15) days, tmmediatey hllielox steps whlCh Condor deems h Cardvr's sale discrvfkxt to be sulficiem to taro the default and thereafter twrttlnuea and completes all rw:.onable and ncavssary atepe sufficiem to produeo compllenen as soon a. reaso+iably practical. L.ENDFJi'S RIGMT3, Upon dofauk, Lender n-~y, after glWrtp suoh notices az required by epplieage law. docltve qte entire r+rDak1 prirtmpal balance ort thM Nate end su acorvod trtpayJ htcr'xt hmeWalely duo, dnd then eortower will pay that tvtqunl. ATTORNEYS' FEES; EXPENSES. Lender may hire or pry someone elyc b help rAlleal this Nae q OOrrower dose not pay. Borrower wit pay t4.tder that amount This hclutles, subject to any I'mikt under rtpplkabb Law, Lrtrtderx attorneys' lava's and lenderx Icgal expenses, whether or rktt glare b a lawsuit, IrlGtldlrrp albmeys' fees. cxponses Mr Dankruplcy Proceetlln(Fr (incltldttg efbr>r to modify or vleaty any aubrtxttlc stay or irquncgon), and appealx. II rot gohldted try aDplicatAe law, Bwrower also wql PaY any colts cost", in addlgon b aq other eWtt provided by law. GOVERNING LAW. This Noto will be povcrnad by, tenabucd and enlerced In acoordanee with federal law and the laws o- the Commonwealth of PonMylwnla ThJs Note has beer aeeapted by Lender to the Commonwealth et PcrwrsyMnla DISHONORED RF.b1 FEE eorrowa wu1 pay a too b Lentler of S25.t~o If Borrows makes a payment on Dorrowera loan nrrt( the Cttoek w preaulhorizod charge wgtr which Borroww preys k Inter dlshorraed. AIGM OF SETOFF. TO tlw wnent permitted by epplk:atlly law, Lender reserves a rlpht of setdf In all Borrower's aetrounta Wien Lender (wnogtar cfteckhg, 3avi~, or some ottror aceounq. This includes alt aeewxtb 8orrowor hotels johuy wdgt ~rrtegte elan and aq accarnts Borrower nvy open h the ftrruro. However, tMs does net include any IRA or Keogh aceamfs, or any wst accounts tot which setoff would by prohrbiled by law, Elorrowef authwiies Lender, ro qtv oxtvm pertNnod try applhedo law, b charge a eatok aq sums owing m the hdohtodneea apehsl arty aM alt such accounts. COLLATERAL borrower erlutov+ledgoe this Note Ix scoured dy , amOrrg other tnhpz, a Morttlaga and Socurhy Apreunont cram Borroww b Lender of even date Ircrrowhh and kncndod to De recorded fwlhwltn, eercwod uptxr prerrisr,. siNete et id.2l5N scree RT ?~ (Elderberry Road A Agonbwn Blw.), Hbp, Pa. 17112: 610 Lowltter ROetl, Lowlstwrty, Pa 173~J; 60B Crandvipw Cacle, L.ew~.borty, Pa. 1719 antl 520 N. Gnokt fioatl, C.rroltt, Pa, 170255 ere deacrDtd in snkl Monpapo, All of the aprevmvnta, corxu0orts, cavananns, provisions end stlprAatiorw canfaincd in the malpigv whktn are b be kept acrd porfomred by Borrower, era hereby made apart d qtly Note b rho same extent and with Tha sarrw force arxl olfact as if they ware taus eel Iorth harsh. and Borrower Coven,rtly and flgroet 10 keep and pertorm gterit, or cause glom to De kept and perlormod, strlegy h aoowdttnce Weill their temte. PROPERTY INSURANCE. Borrower under-,tartda Ittat Benower la requlrod b obtain Insurarroo hx the cdlatoral securhp the Nae. ~wMcr (nigrttation oonceming This rvquvttment IS xot fortlt h tfte Mpr(gage and h rho Agreement to Provide Ineurarreo, aq qw terms and condttlons of w4tlch arc hereby incorDOrateo and made a part of Dqs Nate, i1NANCIAL STATEMENTS. Bonrower aprr>ov to provide Lender whit ouch firWtCfal atatomCAts and omor rokrtvd Inforrrlatbn at aucA Irtgrrvrtclea and h each tieWl err. lender may roaaonably request. , DEFAULT INTEREST RATE, fn the event of dvlouk for which Lender does not accelerate Vie Loon, bxx;ludvp rho fequre of Borrower to provdo the financial atatertror~ as regWreo horpirider or under sro Loan ApteerrrenL qw appNCaMo inbreat rate on Yte loan. for s period tteDlmltlg three (9) nays after written rlogee of such dufauh and ending upon the cunnp or Said naked tlslaUt, shah hrxeee,o one quarter of enq percent (3b%) for the nrot thirty (~ days o1 ask! tlNauh atW hereaw an oddRlonel ono quarter of env ponamt (.25%) dwinp etch tltkly (30) day Dsrlotl gleroaher dtaing which ttte rlotlced rM. avh conthuev. Swh defaut Intacst raro atoll apps b q>o ouaetartdhp prkwlpeY ualencc of dte Loan. Upon the curlrtp of tlw rroBCed ectiult, the kttereet rata on tlw Loan sA,q revert to Cie hiGally agreed-upon traerest rota effeCtiye on tlw dew an which defaun k eared, CALL ~ROYISION. At arty tine after the explragort of five (5) years from the bile hereoL upon sixty days' prig wriKen rlotlca W the Borrower, L.erider, at ke sde dGerotion, rrwy declare tlw then rerrWnirrp balance of thn principal sum and aocrVed Itnereet as irrtrrtedletely duo and payable. I! Lander Hover doclr to make srrtit dodaratlon, drls Nero shell mature, and qw errtlre tmpaid bakdnce of the principd star aM aN aaxued steel unpaid Interest q+vroon, snarl by duo and payable on Felxuary t6, 20Dq, LOAN DOCUMENTS, Thls Note, the Mortgage and Security Agreement, the related cotlabral documenee, Condors cortrNVnont lacer m Borrower dated January 9, 2000, ere rdarod to herein colleGgvaly se the "Lo,n Oorvmenm', acrd the provlekxt. thereat are lncorporatod hereh by rcloranca. 6000l:.S.SOR fNTERESTS. Tho lorrtq d tNa Note stroll be tNrltlvtg upon Bortower, and upon 8ortowera floir, personal reWosvrttatlves, suecasore and assigrw, and eM0 inure to the ttorMlif d Lender end Its sur:COtisdre and ssai0ns, NOTIFY US Oi INACCURATE INFORMATION VYE Rt90R7 TO COIVSUbtER REPORTING AGtcNCIE3. Pldlso Hotels ua U wo report errs alactvrate hfttrmaGon about your account(s) to a calsumor roporgrtg agency, Vour written notbo deecrbing tno xpsciflc haccuraey(vs) should rte amt to ua M tfw fdlowRtg eCMrbsx; PENNSYLVANIA STATE BANK 21d$ Market SlreeL P.O. Box M1B7 Camp Hiq, PA 17001-04f)7 GENERAL PROVISIONS. LendCY stay delay a tape ortforohg arty of ifr rig-tts a retttedws laxter Ctk Hole without loelnp them. Borrower and any oNar person who stone, puarantoee or endorsrrc the Note, To Iho extant albwetl by law, weNe prCSartment, Certtand (or twymenL sad rwdea of disfprpr. Upon any change h tfw torrrt or mu Hole, and unless oglerwlee ercpossly stated In writing, no party who signs gtle Nob:, whogte/ Y maker, Duaranta,'accorterlodeibn maker or endorser, shat bo released from liabiiry. AU atreh parties agree that Lander may renew a oxrorid (repeatedly avw !err My IeripN of fire) gtis loan a rulMtsa cry pally, partror, or guarantor or WIlitorsl; w Impair, tai to reegza upon w perfect Lend.4's securry htWeet h my cognterW and take arty other ecgon deemed necessary by L.ertdvr wlih0ut n1n concern d a ro6co to arryone. All such Dsl'tlea also agree Ota1 Lender may modify this Ioart wifhoN•gle coruont 01 or nodce to.anydne Other than the pally with whom gle frlodfflcagon le m7WC. The abllgatlons under gib Note are join and several. tl any porgon of Ihki Note p for any reason dowrmhe0 t0 brr unenlorceabtc, if wits rte a}tect the onkt-ceabmty d any otM7 provialbna OI tt1Lt Nao. CONFESSION OF JUDCiMtM. BORROWtfi HERBY IRREVOCAEtLY AtlTFIORLZES AND EkLPOWEt~ ANY ATTORNEY OR THE PROTHONOTARti OR CLERK OF ANY COURT IN THE coMMONWEAL7H or• PCNNSYLVANU~ OR ELSEWHERE, 10 gPPFJw AT nNY TIME FOR BORROWER AFTEF A DEFAULT uNOER THIS NOTE AND WITtt OA WITHOUT COMPLAIN FILED, CONFESS OR.ENTE3i JUDGMENT AOAWST 60RROWER FOR THE QdTIAE PRINCIPAL BALANCE: OF THIS NOTE AND ALL ACCRUED INTEREST, LATE CHARGES AND ANY AND ALL AMOUNTS EXPENDt~ Of ADVANCm BY LENDER RELATINQ 70 ANY COLLATERAL SECURING THIS NOTC TOGETHER VYffM COST$'OF SUR, AND AN ATTORNEY': COIWNISSION CFTL-N PERCENT{10Ye) OF THE UNPAID PRINCIPAL BALAfYCG AND ACCRUED INTEREBT f°OR COLLECTION, BUT IN ANY Ev[NT fV01' LESS THAN FIVE HUNDREp DOLLARS (5600) ON WHICH JUDGMENT OR JUDGMENT'S ONC• OR MORE EXECUTK)NS MnY ISSUE IMMEDIATELY; AND FOR SO DOING, THIS NOTE OR n COPY OF THIS NOTE VERIFlED 8Y AFFIDAVIT SHALL t3E SUFFICItM WARRANT. TMf AUTHORITY GA/WTED tN THIS NOTE TO CONFESS JUDOMEKf AGAINST BORROWER SHALL NOT BE EXHAUSTED BY ANY fJC1~1CISE OF THIC AUTHORm, OUT SHALL CONTINUE FROM TIME TO TIME AND AT ALL TIMES uNT1L PAYMENT IN NLL OF ALL AMOUNTS DUE UNDER THIS NOTE, BORROWGq HEFEBY WAIVES ANY RIGHT BORROWER MAY HAVE TO NOTICC OA TO A HEARING IN CONNECTION WITH ANY SUCH coNFWS10N OF JUDGMENT AND srnTES THAT EITHER A REPRESfnfT'nrnE OF LENDER SPECIFICALLY cALUFO THIS CONFESSION o! JUDGMENT PROVISION TO BORROWER'S nTTCNTION OR BORROWER HAS B~Pt RCPRESENTtD BY INDEPENDENT LCGAL COUNSEL. E00' d ~9Li~9ELLt L V,L113W1100Q 11d0'I 'I~t I02I3WW00 Z Z ~ i i LOOZ-~Z-I>,VW MAY-24-2007 11:12 COMMERCIAL LOAN DOCUMENTA 7177354?64 P.004 PROMISSORY NOTE Loan No: 66000076 (COlltinUed) Pag~3 .._ _ -~ PRIOR To SIGNING Thls NOTE, BORROWER READ ANO UNDERSTOOD ALL THE PROVISIONS OF THIS NOTE. BORROWER AGR&E$ THE TERMS oP THE NOTE 80RROWER ACKNOWLEDGES RECaPT OF A COMPLETED COPY OF THIS PROMISSORY NOTE. THIS NOTE iS GNEN UNDER SEAL ANO R IS INTENDED THAT THIS NOTE IS AND SNALL CONSTITUTE AND HAVE TMG EFFECT 0 SEALED INSTRUMENT ACCORDING TO I.AW. 80RROWER: DBL, A PENNSYLVANIA UMRED PARTNERSHIP SPANKF~C~.eLLLiO SALES, INC., General Patna of 09 nsyManle Ldnttod ParlncrshiP ~~ s'3y~ By.Oonal~~ -~egget[, Psi' ',:~o pfnlaey,s.k to ~~n Sales, Ind, LENDER: PENNSYLVANW STATE BANK X lf~.~ ~ IMP~R.WRf yr ~aa~4~.ti/~++Or~nw ~~sa ~iV~'~~l .M .l~tltrwow.~w.R .ww~. /wq~.N[ _ MAY-24-2007 11:17 COMMERCIAL LOAN DOCUMENTA 7177354764 F.022 DISCLO` 'IRE FOR CONFESSION OF ~~DGMENT >Fet9 ..... ~ M.......... ..~.............. - - ..., ~..~_........ ..............,M...... w ........_ _ ..._.. ate...:. ..._.. :... . _,rr.. .. ~..... ....... ..................r~.~,...._. . _.......... ~~a~.:.~~.... .. mow: ~~~~~:.:.~~ Reference6 In the shaded ar~ v Itom aboveeconta ninnlY and~dos ~ ~ pml~pd~~oblll~ length I~~~~ a~ particular b8n or tem. 9 ~~~ Lender: W~~e ova Flr anc aEC~ieKr Affiant: DBL, a Denn9ylvanla Limited Partnership (TIN: ~-1 t3d8185) TORO Jone9toWn Road 701 E. Locust Street Harrisburg, PA 171123634 Mechanic54urg, PA 17055 (717) 820.9900 -~ DISCLOSURE FOR CONFESSION OF JUDGMENT I AM EXECUTING, THIS ~ ~ ~ GAY OF ,,., Fc,P~` f , ~~ A DROMISSORY NOTE FOR $373,000.00 OBLIGATING ME TO REPAY THAT AMOUNT. A. I UNDERSTAND THAT THE NOTE CONTAINS A CONFESSION OF JUDGMENT PROVISION THAT WOULD PERMIT LENDER TO EPFTER JUDGMENT AGAINST ME IN COURT, AFTER A DEFAULT ON THE NOTE, WITHOUT ADVANCE NONCE 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 VAUDn'Y OF ANY JUDGMENT OR OTHER CLAIMS THAT LENDER'MAY ASSERT AGAINST ME UNDER 7ME NOTE, I AM KNOWINGLY, INTELLIGENTLY, AND VOLUNTARILY WAMNG THESE R~HTS. INCLUDING ANY RIGHT TO ADVANCE NOTICE OF THE ENTR {/IODED FOR~IN THE CONFESS ON OF JUDGMENT PRO ,c,ION~ TO LENDER'S ENYERING JUDGMENT AGAINST ME BY CONFESSION AS PAO ~w x, .....:.. ~•:.., INITIALS: '~"• ~;:.... B. I FURTHER UNDERSTAND THAT IN ADDITION TO GNING LENDER 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 PERMR LENDER, AFTER ENTRY OF JUDGMENT, AGAIN WRHOUT EITHER ADVANCE NOTICE OR A HEARING, TO EXECUTE ON THE JUDGMENT BY FORECLOSING UPON, ATTACHING, LEWING ON, TAKING POSSESSION OF OR OTHERWISE SEI7JNG MY PROPERTY, IN FULL OR PARTIAL PAYMENT OF THE JUDGMENT. IN EXECUTING THE NOTE, BEING FULLY AWARE OF MY RIGHTS TO ADVANCE NOTICE AND A HEARING I~WGEr1T'LY AND VOLUNTARILY AFTER JUDGMENT LS ENTERED AND BEFORE EXECUTION ON THE JUDGMENT, I AM -WOWINGLY, WAMNG THESE RIGHTS, AND 1 EXPRESSLY AGREE AND CONSENT TO LENDER'S IMMEDIATELY• EXECUTING ON THE JUDGMENT, IN ANY MANNER P D BY APPLICABLE STATE AND FEDERAL LAW, WITHOUT GMNG ME ANY ADVANCE NOTICE. .~... • ...;v.::;~::::;: INITIALS::--Mme:":....::.:~~.:~,;:> C. AFTER HAVING READ AND DETERMINED WHICH OF THE FOLLOWING STATEMENTS ARE APPLICABLE. AND BY PLACING MY 1N171AIS NEXT TO EACH STATEMENT WHICH APPUES,1 REPRESENT THAT: INITIALS I. I WAS REPRESENTED BY MY OWN INDEPENDENT LEGAL COUNSEL IN CONNECTION W~ THE NOTE. 2 A REPRESENTATIVE OF LENDER SDECiFICALI.Y CALLED THE CONFESSION OF JUDGMENT PROVISION 1N THE NOTE TO MY ATTENTION, D. 1 CERTIFY THAT MY ANNUAL INCOME EXCEEDS 570,000; THAT THE FLANKS IN THIS DISCLOSURE WERE FlLLED IN WHEN I INITIALED AND SIGNED I'T'; AND THAT I RECEIVED A COPY AT THE TIME OF SIGNING. THIS DISCLOSURE LS GIVEN UNDER SEAL AND rf IS INTENDED THAT THIS DISCLOSURE IS AND SHALL CONSTIME AND HAVE THE EFFECT OF A SEALED INSTRUMENT ACCORDING TO LAW REPTANT: DBL. A DENNSYLVANIA LIMITED PARTNERSHIP SALES, INC., General Partnor of DBL, a Salos, inc. ~lo~e Inquiry Qlsplay (~., l~hir-taittable Field !v{EMO ACTIVE M .; ~ ~ t:ustorr~er r~aza..- ::pgL ~. Balanee Data--- ~ R PE1WS5'I..VRPIIR LiHFIED Pf~17tE'RSHIP ' , `Note amount 373t7BEl:et3 Z8L E LOCUST ST Prinapal balance ~6,~5. ~ ~~E~NIC58~JRG Pfi~-~ 178~i Y• , Irrterestbeiance "' ~ _ pJO ~ 5=25-87 ~ 33t3,711:98 ~_ 'Avn~lfordish ,~ ContaciJT,tle Intecest Data ~.TexID ~ ~~-13481Pb< t Horne phone FX3-Cfl0-[? Int rate - 6.89138 56.414356 ~ Bus+ness phone 08-O136-Ot3f10 ; Dads intfador ~ Officer 27x7 Interest paid YTD ` 8;761..49. . (~~~Iiext Payment Data ' Dates s Ni eyd due date 6-15-07 Nnte dote 211-84 Next pmi amount 2,632.54 1:astrene+xed Totat past due amt ~ Maturii~ date 2'15-24 # 5-21-H1 , ----Sold Data Last active .Last paidinstellmeni 515-87:~ Perceaingesold' ~~~ Intsrestpaid-to date 5-21-©7 Total~sold - ~'° ~~~ 5f2512t]l7 ~ ~QPRDEV083F LMBROAt7E (35461 ~ 50-0785-1 ~ ~ 4(37:59 PM VERIFICATION 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 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. PENNSYLVANIA STATE BANK, Division of BLC BANK, N.A. J /' P, David W. Prevost Vice-President/Special Assets Officer Dated: "~ a~f~7 C') ?~ ~; ~ ~ ~ ~-~- ~: , . f. ~ ~:`= a y-~ : , .~. ~. ~~; ~~ ~~~~r ~ .~ ~~~~ ~ ~ N ~~~ x~- -~ ~.a .~ m ~~ ~~ a ~~ ~~ :~ PENNSYLVANIA STATE BANK, Division of BLC BANK, N.A. Plaintiff v. DBL, a Pennsylvania Limited Partnership, SPANKEY' S AUTO SALES, INC., General Partner Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. D'T- .3.35( 1..,lc~~l~~~2 CIVIL DIVISION -LAW CONFESSED JUDGMENT PLAINTIFF'S AFFIDAVIT/AVERMENT CONFESSION OF JUDGMENT FOR MONEY (x) Pursuant to Pa. R.C.P. No. 2951(1)(2)(ii), Icertify 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. ••••••••••••••• The above certification is made subject to the penalties of 18 Pa. C.S. 0 relating to unsworn falsification to authorities. Dated: May 29, 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 ~ _N G "^J. ~ r7°1 r :. .~., ~. ~ . . lf~a.~:. O ~ . ~ ~~ `L,.,. .'~ ,_. -~ .mac prn ~ --c .~- PENNSYLVANIA STATE BANK, Division of BLC BANK, N.A. Plaintiff v. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA DBL, a Pennsylvania Limited Partnership, :CIVIL DIVISION -LAW SPANKEY'S AUTO SALES, INC., General Partner Defendant CONFESSED JUDGMENT NOTICE UNDER RULE 2958.1 OF JUDGMENT AND EXECUTION THEREON NOTICE OF DEFENDANT'S RIGHTS TO: DBL, a Pennsylvania Limited Partnership, SPANKEY'S AUTO SALES, General Partner, DEFENDANT A Judgment in the amount of $372,583.96 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 C v ~ t~ ~ it i 3a. :,~' ~' . -.< Li.' .t W ~.-.' -- "'~ `~ ''~ ~ ~ ~ G3 W PENNSYLVANIA STATE BANK, Division of BLC BANK, N.A. Plaintiff v. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA DBL, a Pennsylvania Limited Partnership, :CIVIL DIVISION -LAW SPANKEY' S AUTO SALES, INC., General Partner Defendant CONFESSED JUDGMENT TO: DBL, a Pennsylvania Limited Partnership, SPANKEY'S AUTO SALES, General Partner, Defendant You are hereby notified that on , 2007, Judgment by confession was entered against you in the sum of $372,583.96 in the above-captioned case. _ ~ DATE: ~`a~L~_2007 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, .~'/ /,' l'-w Robert D. Kodak, Attorney for Plaintiff CUMBERLAND COUNTY BAR ASSOCIATION TWO LIBERTY AVENUE CARLISLE PA 17013 (717) 249-3166 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. DBL, a Pennsylvania Limited Partnership, SPANKEY'S AUTO SALES, INC., General Partner Defendant NO. 2007-3234 ~ c r.,, d a ~ `7 ~ ca -i ~ r ~ ° ~ cr, a o . <a ~ ~ 2p ~ D~ `'s3 o ~ CIVIL ACTION -LAW-; ~ - -r ~ _ -~: PARTIAL RELEASE OF JUDGMENT LIEN WHEREAS, on May 30, 2007, Judgment was entered in favor of Plaintiff and against Defendants in the Court of Common Pleas of Cumberland County at No. 2007-3234; and WHEREAS, Defendants own an interest in that certain real property known as 1702 Harrisburg Pike, Middlesex 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.oa~~[ A~ c~-.~sda~r~ IN WITNESS WHEREOF, the Undersigned executed this Partial Release this ~ day of October, 2010. COMMONWEALTH OF PENNSYLVANIA COUNTY OF ~~CQ~~ PNC BANK, NATIONAL ASSOCIATION By: rett A. Bertoli Vice President SS.. On this, the ~ day of October, 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. ~- Notary Public My Commission Expires: d~J~.p~•Z Gi~i~?tviONVYEALTH OF PENNSYLVANIA V iVotarial Seal Connie B(xler, Notary Public Manhe(m Twp., Lancaster County MY Comm6aslon E~(roa Jan. 31, 2012 Member, Pennsylvania Assodatlon of Notaries EXHIBIT "A" ALL THAT CERTAIN tract of land, together with improvements thereon erected, situate in Middlesex Township, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at a concrete monument on the south side of U.S. Route 11 and Thirty-five (35) feet from the center line thereof; and at a corner of land now or formerly of Charles M. Pass; thence by land now or formerly of Charles M. Pass, South 6 degrees 20 minutes West, two hundred thirty (230) feet to a concrete monument at land now or formerly of Do-Ma Corp., North 83 degrees 40 minutes West, two hundred (200) feet to a concrete monument; thence by the same, North 6 degrees 20 minutes East, two hundred thirty (230) feet to a concrete monument on the south side of U.S. Route 11 and thirty-five (35) feet from the center line thereof; thence along the south side of said U.S. Route 11, South 83 degrees 40 minutes East two hundred (200) feet to a concrete monument, the place of BEGINNING. CONTAINING 1.056 acres, more or less. Being known and numbered as 1702 Harrisburg Pike, Carlisle, PA 17013. Tax Parcel No. 21-07-0465-021. 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. DBL, a Pennsylvania Limited Partnership, SPANKEY'S AUTO SALES, INC., General Partner Defendants N0.2007-3234 G 'n • ..'"'~~ t~ ""~ : ~~ N ~ ~ ~ ~ ,~~ ® ~ x -~.- ~ ` CIVIL ACTION - LAV~c ~ e- 3 PARTIAL RELEASE OF JUDGMENT LIEN WHEREAS, on May 30, 2007, Judgment was entered in favor of Plaintiff and against Defendants in the Court of Common Pleas of Cumberland County at No. 2007-3234; 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;~,~ ~a o'a~~ c'~,~a~ IN WITNESS WHEREOF, the Undersigned executed this Partial Release this ~ day of October, 2010. PNC BANK, NATIONAL ASSOCIATION By: ~ ~., Brett A. Bertoli Vice President COMMONWEALTH OF PENNSYLVANIA COUNTY OF LANCASTER SS.. On this, the ~ day of October, 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. Notary Public My Commission Expires: d /~i~aa/~ COMMONWEALTH OF PENNSYLVANIA Notarial Seal Conrde Bixler, Notary Public Manhelm'Twp., Lancaster County M Commission Fxprss ,Ian. 31 ~ 2012 Member Penneylvenla Asdoclation of Notaries EXHIBIT "A" Tract No. 1 The property known as 607 East Locust Street, Lots 36 through 41, identified as Tax Parcel 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 31 C, page 507. Tract No. 3 The property known as 601, 602, 701 and 705 East Locust Street, identified as Lots 25 through 35, Tax Parcel 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.