HomeMy WebLinkAbout09-1954DONALD E. DIEHL,
Plaintiff
V.
PATRICK K. MYERS and
LORRAINE KLINE MYERS,
Defendants
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 2009- / 95'11 0cvd- 7;
CONFESSION OF JUDGMENT
Pursuant to the authority contained in the warrant of attorney, the original or a copy of
which is attached to the complaint filed in this action, I appear for the defendant and confess
judgment in favor of the plaintiff and against defendant as follows:
Principal $560,513.30
Interest $ 32,228.92
to 03/19/09
(per diem $ )
Late Charges $ 1,515.44
Attorney Commission $ 28,025.00
(5% of principal debt)
TOTAL: 622,282.
David A. Baric, Esquire
Attorney for Plaintiff
VERIFICATION
I verify that the statements made in the foregoing Confession Of Judgment are true and
correct to the best of my knowledge, information and belief. This verification is signed by David
A. Baric, Esquire, Attorney for Plaintiff and is based upon the statements provided by Plaintiff,
as well as documents reviewed by the undersigned as attorney for Plaintiff. This verification will
be substituted and ratified by a verification signed by the Plaintiff who is presently unavailable to
sign said verification. I undersigned that false statements herein are made subject to penalties of
18 Pa.C.S. §4904, relating to unsworn falsifications to authorities.
David A. Baric, Esquire
Dated: 3-,,77-07
CERTIFICATE OF SERVICE
I hereby certify that on March 27, 2009, 1, David A. Baric, Esquire of O'Brien, Baric &
Scherer, did serve a copy of the Confession Of Judgment, by first class U.S. mail, postage
prepaid, to the parties listed below, as follows:
Patrick K. Myers
Lorraine Kline Myers
518 Katrina Court
Mechanicsburg, Pennsylvania 17050 n
David A. Baric, Esquire
DONALD E. DIEHL, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V. NO. 2009-
PATRICK K. MYERS and
LORRAINE KLINE MYERS,
Defendants
NOTICE
You have been sued in court. If you wish to defend against the claims set forth in the
following pages, you must take action within twenty (20) days after this complaint and notice are
served, by entering a written appearance personally or by an attorney and filing in writing with
the court, your defenses or objections to the claims set forth against you. You are warned that if
you fail to do so, the case may proceed without you and a judgment may be entered against you
by the court without further notice for any money claimed in the complaint or for any other claim
or relief requested by the plaintiff. You may lose money or property or other rights important to
you.
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. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION
ABOUT HIRING A LAWYER.
IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE
TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER
LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE.
Cumberland County Bar Association
32 South Bedford Street
Carlisle, Pennsylvania 17013
(717) 249-3166
DONALD E. DIEHL, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V. NO. 2009- !96`x!
PATRICK K. MYERS and
LORRAINE KLINE MYERS,
Defendants
COMPLAINT IN CONFESSION OF JUDGMENT
NOW, comes Plaintiff, Donald E. Diehl, by and through his attorneys, O'BRIEN, BARIC
& SCHERER, and files the within Complaint and, in support thereof, sets forth the following:
1. Plaintiff, Donald E. Diehl is an adult individual with a mailing address of 4 East
High Street, Carlisle, Cumberland County, Pennsylvania 17013.
2. Defendant, Patrick K. Myers, is an adult individual with a residence address of
518 Katrina Court, Mechanicsburg, Cumberland County, Pennsylvania 17050.
3. Defendant, Lorraine Kline Myers, is an adult individual with a residence address
of 518 Katrina Court, Mechanicsburg, Cumberland County, Pennsylvania 17050. Lorraine Myers
is the spouse of Patrick Myers.
4. On or about October 12, 2006, Defendants executed a Note payable to Donald E.
Diehl in the principal sum of $300,000.00. A true and correct copy of this Note is attached as
Exhibit "A" and is incorporated by reference.
5. On or about December 14, 2007, Defendants executed a Promissory Note payable
to Donald E. Diehl in the principal sum of $260,513.30. A true and correct copy of this Note is
attached as Exhibit "B" and is incorporated by reference.
6. On or about July 15, 2007, the parties hereto entered into an Amendment to the
Promissory Notes. A true and correct copy of which is attached hereto as Exhibit "C" and is
incorporated by reference.
7. Judgment is not being entered by confession against natural persons in connection
with a consumer transaction.
8. Defendants have repeatedly failed to make payments due under the Note.
9. Judgment has not been entered on the Notes in any other jurisdiction.
10. The amount due and owing is calculated as follows:
Notes I and 2
Principal $560,513.30
Interest $ 32,228.92
to 03/19/09
Late Charges $ 1,515.44
Attorney Commission $ 28,025.00
(5% of principal debt)
TOTAL: $622,282.66
11. The Note and Commercial Guaranty Agreements as appended, provide for the
recovery of costs, including reasonable attorney fees, incurred by Orrstown Bank to collect the
debt due and owing.
WHEREFORE, Plaintiff requests judgment as authorized by the warrant in the amount of
$622,282.66 plus costs and expenses, attorney fees and interest accruing to the date of payment.
Respectfully submitted,
O'BRIEN, BARIC & SCHE
r
David A. Baric, Esquire
I.D. 44853
19 West South Street
Carlisle, Pennsylvania 17013
(717) 249-6873
Attorney for Donald E. Diehl
dab.dir/litigation/diehl/coliseum/myers/confessjudment.com
VERIFICATION
I verify that the statements made in the foregoing Complaint In Confession Of Judgment
are true and correct to the best of my knowledge, information and belief. This verification is
signed by David A. Baric, Esquire, Attorney for Plaintiff and is based upon the statements
provided by Plaintiff, as well as documents reviewed by the undersigned as attorney for Plaintiff.
This verification will be substituted and ratified by a verification signed by the Plaintiff who is
presently unavailable to sign said verification. I undersigned that false statements herein are
made subject to penalties of 18 Pa.C.S. §4904, relating to unsworn falsificati to authorities.
David A. Baric, Esquire
Dated: -- o? 7"0 ?
$3110,0110-11)0
NUT
October 16--, 2006
Coliseum Entertainment Group, Inc., a Pennsylvania Business Corporation,
Coliseum Real Estate Group, Inc., a Pennsylvania Business Corporation, and Patrick K.
Myers and Lorraine Kline Myers, husband and wife, of 518 Katrina Court,
Mechanicsburg, Pennsylvania (hereinafter collectively "Borrower"), hereby promises to pay to
Donald E. Diehl, ("Holder") or 4 East High Street, Carlisle, Cumberland County,
Pennsylvania 17013, his heirs or assigns, Three Hundred Thousand Dollars ($300,000011)•
Borrower, shall also pay all monthly interest charged on the principal by Members 0
Federal Credit Union, on Account 2118845-LO8, as determined by Members 1' Federal
,,(lit Union. Borrower shall make interest payments directly to :Members First I" Federal
Credit Union on or before any penalty becomes due. Any default on Aceewnt 208845-1.08
shall be considered a default under the terms of this Note.
ADDITIONAL CONSIDERATION. Borrower shall issue, as additional consideration, to
I lolder ten (10) shares of Coliseum Entertainment Group, inc. stock and ten (10) shares of
s of
aia ^c,tl Estate Group, inc. stock every thirty (30) (lays, together with ten (10) share
stock of any corporation created after the date of this Note which is alTrliated with the
construction or operation of the Coliseum in Camp Hill, Pennsylvania. The issuance r:`
shall begin September 1. 2006 and continue until all sums of principal and lmcn.:•-, u: ki,
dote are paid in full.
PAYMENTS. Borrower shall pay principal and additional consideration by making one
payment. If on ;May 31, 2007, Borrower still owes amounts under this Note. Borrower will pay
those amounts in full on that date which is called the :Maturity Date.
DEFAULT. If Borrower does not pay the full amount of each monthly payment on the date it is
le, Borrower will he in default. If Borrower is in default, the Holder may require Borrower to
li,tiely ;he full aniount of principal which has not been paid and any additional
consideration owed.
LATE PAYMENT. If the Holder has not received the full payment of any monthly payment by
die end of !ifteen (15) calendar clays alter its due date, Burmwer will pay a late charge to the
T'w amount of the charge will he five (5?4,) percent of the overdue payment o f t nterest
;, ?r:rrir.?er kill hay this late charge promptly, but only once on each late
payment.
NO WAIVER BY HOLDER. Even if. at a time when Borrower is in default the Helder does
not require Borrower to pay immediately in full as described above, the Holder will still have the
right to do so if Burrower is in default at a later time.
PAYMENT OF HOLDER'S COSTS AND FNPFNtiF.S !f ;,c "
it) nav immediately in full. the holder -,-oil h,,<<:
Holler's -_osts and e.xhen.cs in
law. These expenses include, for example, reasonable attorney's fees.
Exhibit "A"
TRANSFER OF THE PROPERTY OR A BENEFICL%L INTEREST IN BURROWER. Il'
a beneficial interest in Borrower is sold or transferred and Borrower is not a natural person
without Holder's prior written consent, Holder may, at Holder's option, require immediate
payment in Cull or all sums secured by this Note.
NON ASSIGNMENT. This Note cannot be assigned without the prior written approval of'
Holder. Holder is under no obligation to,give such consent and may withhold said consent at its
option.
Notice, demand, presentment, or protest is expressly waived by Borrower. Borrower
shall have the tight to prepay all or any pan of the principal amount ol'this Note at any time or
rmm time to time without premium or penalty.
INADDITION, IN THE EVENT OF THE DEVAL:1,'(' 1N F?JC V
HEREUNDER, BORROWER DOES HERE .:
tlr : .
PROTHONOTARY OR :ANY ATTORNEY
T- '? .' ), ?R F1,SIFWHERE TO APPEAR FOR AND ENTER JUDGMENT
`.E NBOVE SUNt WITH OR WITHOUT
ai?LEA5E OF ERRORS, WITHUL'T STAY
OF EXECUTION, AND WITH 15 PERCENT ADDED FOM
BORROWER HEREBY AGREES NOT TO ti1<a XF
APPLICATION WHATSOEVER TO ANV +` 0% :`. ?: -
t VNT VII THAT MAY BE LEVIED UPON TO COLLECT THE AFORESAID
t f."N''I ARILY CONDEMNS SAME, AND AUTHORIZE
1;.;. :AID VOLUNTARY CONDEMNATION UPON
THE; WRIT OF EXECUTION. BURROWER FURTHER AGRFTF " t. N
PROPERTY, REAL PERSONAL OR MIXED MAY
EXECUTION AND FURTHER HEREBY 4','A FT,'
FROM ANY AND ALL APPRAISEMENTS, STAY OR EXEMPTION OF ANY STATE
`;OAV IN FORCE OR WHICH ARE PASSED HEREAFTER.
NO SINGLE EXERCISE OF THE FOREGOING POWER TO '' ' `? "--
SHALL. BE DEEMED TO EXHAUST'1'HF.. (., %.-Q' '
EXERCISE SHALL BE HELD BY a'nti'
`'i T '?I€ ^C) . ER SHALL CONTINL UNDIMINISHED AND IT MAY BE
`O TIME AS OFTEN AS THE HOLDER HEREOF SHALL
it HEREOF SHALL HAVE RECEIVED
PAYMENT IN FULL OF ALL AMOUNTS OWING HEREUNDER, TOGETHER WITH
COSTS.
WAIVER
IN EXECtAING THIS NOTE. BORROWER UNDF.RST:INDS THE TRANSACTION.
AND KNOWINGI.-Y AND VOLUNTARILY W:mVFS THE RI(fH'r rr} C'(1?T1:5 r l'11[:
ENTRY OFTHIS It DONIENT AGAINST 3(.)RRo %f R ? t
CONSENT TO THE ENTRY OFTHEj.1L-11AI i-Al" "1t ?
HEREBY CERTIFIES TH.-NT BORROWER HAS EARNINGS OF S I().0(x)J) OR NIORE PER
YEAR.
Witness my hand and seal the day quid. year first atx)ve written.
ATT14T .4 Coliseum rtainment Group, Inc.
r
By: Pat: c K. Myers , widen CEO
ATTEST
WITNess
W iT. ES
Coliseunry eal Estate Group, Inc.
By:' trio K. Myers. President/CEO
K. Myers
Loraine Kline Myers
1;: RLES1CIien(A6144 11139 7129 9417 12103000UnMd6144 ISI.Nae.Cotit m.4
Dated: December 14, 2007 $260,513.30
PROMISSORY NOTE
COLISEUM ENTERTAINMENT GROUP, INC., a Pennsylvania corporation, and
COLISEUM REAL ESTATE GROUP, INC., a Pennsylvania corporation, both with a registered
address of 518 Katrina Court, Mechanicsburg, Pennsylvania, and PATRICK K. MYERS and
LORRAINE KLINE MYERS, husband and wife, of 518 Katrina Court, Mechanicsburg,
Pennsylvania (collectively, the "Maker"), hereby promises to pay to, under this Note. DONALD E.
DIEHL, adult individuals with an address of 4 East High Street, Carlisle, Pennsylvania, their heirs
or assigns ("Holder"), TWO HUNDRED SIXTY THOUSAND FIVE HUNDRED THIRTEEN
AND 30/100 DOLLARS ($260,513.30) as outlined herein. Maker shall also pay all monthly
interest charged on the principal by:
Members I` Federal Credit Union, on Account 208845-L09 ("Members 1 s` Account"), as
determined by Members 1" Federal Credit Union by making payments directly to Members
1` Federal Credit Union on or before any penalty becomes due. Any default under the
Members I" Account is a default under this Note.
Manufacturers and Traders Trust Company ("M&T Bank"), on Account 99-6560445-6
("M&T Bank Account"), as determined by M&T Bank by making payments directly to M&T
Bank on or before any penalty becomes due. Any default under the M&T Bank Account is
a default under this Note.
FURTHER PROMISE: Maker promises to:
Pay to Holder $260,513.30 on or before March 31, 2008, along with any other monies that
become due hereunder and pay all interest, fees, and costs to Members 15` Federal Credit
Union and M&T Bank as outlined herein; and
2. Issue ten (10) shares of Coliseum keal Estate Group, Inc., stock, and ten (101 shares of
Coliseum Entertainment Group, Inc., stock, together with ten 10) shares of any corporation
created after the date of the Note which is affiliated with the construction or operation of the
Coliseum in Camp Hill, Pennsylvania (collectively, the "Shares"), to Suzanne Diehl upon
the execution of this Note and on or before the last day of the each month thereafter until this
Note, plus all interest, fees, and penalties are paid in full.
Any shares that are due to Suzanne Diehl from Maker that have not yet been issued or
transferred to Suzanne Diehl and when issued or transferred would result in Suzanne Diehl
owning over nineteen point six percent (19.6%) of either or any company, then Holder
desires to waive such right to the issuance or transfer of the stock that would increase
Suzanne Diehl's interest over 19.6% percent; and, if shares are not provided as contemplated
I
Exhibit "B"
herein, then six percent (6%) interest on the outstanding balance per annum will be owed
from Maker to Holder in replacement of the transfer or issuance of shares.
Maker will forward said fully executed Shares to Suzanne Diehl at Holder's address shown above
or at such other place as Holder may designate in writing.
DEFAULT: Maker will be in default if Maker does not pay the principal and interest as required
herein in a timely manner and does not issue or transfer the fully executed shares when due.
LATE PAYMENT: If Holder has not received the full payment when due and said payment is not
received within 15 days of the due date, Maker will pay a late charge to Holder in the amount of five
(5%) percent of the overdue payment of interest and principal, if due.
NONASSIGNMENT: This Note cannot be assigned.
CONFESSION OF JUDGMENT: The Maker hereby irrevocably authorizes and empowers any
prothonotary, clerk or attorney of any court of record within the United States or elsewhere to appear
for the Maker and, with or without declaration, to confess judgment at any time or times against
each, any or all of the Maker(s) and in favor of the Holder hereof for any damages sustained by
Holder and for the above Shares, if the Shares have not been issued in accordance with this Note,
with costs of suit and reasonable attorney's fees for collection; and for so doing, this Note or a copy
of this note, verified by affidavit shall be sufficient warrant. The Maker hereby releases all errors
and expressly waives all rights to any stay of execution, sequestration of rents and exemption of any
property from levy and sale of execution under any law or rule of court now in force or hereafter
enacted. All of the foregoing promises are the joint and several promises of the Maker and shall bind
the Maker, its successors and assigns. The Maker and all endorser waive protest, demand and notice
of nonpayment of this Note. The authority granted in this Note to confess judgment against Maker
shall not be exhausted by any exercise of that authority, but shall continue from time to time and at
all times until the Collateral is released as required under this Note.
HOLDER'S RIGHTS: Upon default, Holder may declare the entire unpaid principal balance on
this Note and all accrued unpaid interest immediately due, without notice, and then Maker will pay
that amount. Holder may hire or pay someone else to help collect this Note if Maker does not pay.
Maker will also pay Holder that amount. This includes, subject to any applicable law, Holder's
attorney's fees and legal and court expenses whether or not there is a lawsuit, including attorney's
fees and Holder's legal expenses for bankruptcy proceedings ( including efforts to modify or vacate
any automatic stay or injunction ), appeals, and any other post judgment collection costs and
services. Maker will also pay any court costs, in addition to all other sums provided by law. If
judgment is entered in connection with this Note, interest will continue to accrue on this note after
judgment at the rate applicable to this Note at the time judgment is entered. The remedies provided
to the Holder in this document in the event of a default or a breach of the conditions herein, shall not
be construed to be exclusive of any other remedy available to the Holder and the Holder may
exercise any remedy available to Holder. Additionally, the exercise of any one remedy or waiver of
2
any default shall not be considered a waiver of all those other remedies available to Holder or any
other defaults made by Maker.
GENERAL PROVISIONS: The interpretation and construction of this Note along with the rights
and remedies available to the parties hereto shall be governed by the laws of the Commonwealth of
Pennsylvania. If any provision of this agreement shall be held invalid or unenforceable, such shall
not affect any other provision of the Note. This Note represents the entire agreement between the
Maker and Holder. No waiver or modification of the terms of this note shall be valid unless in
writing, signed by the Maker and Holder.
PRIOR TO SIGNING THIS NOTE, MAKER ACKNOWLEDGES THAT IT HAS BEEN
REPRESENTED BY LEGAL COUNSEL IN CONNECTION WITH THE EXECUTION
AND DELIVERY OF THIS NOTE, THAT IT HAS READ AND UNDERSTOOD ALL THE
PROVISIONS OF THIS NOTE, INCLUDING THE CONFESSION OF JUDGMENT
PROVISION. MAKER AGREES TO THE TERMS OF THE NOTE AND
ACKNOWLEDGES RECEIPT OF A COMPLETED COPY OF THIS NOTE.
IN WITNESS WHEREOF, Maker has caused this Note to be executed the day and year first
above written.
ATTEST:
ry?? J 4"-c 5- r'7
COLISEUM 1#AL ESTATE GROUP, INC.
By: ,
Pa ick K. Myers, President/C)EO
ATTEST:
WITNESS:
WITNESS:
COLISEUM ENTERTAINMENT GROUP,
INC.
Y: `
Pi ri Myers, President/CEO
.7
Patrick K. Myers
J.U.4 ? yf?., -
Loraine Kline Myers
ROLESV.144 11179 7729 9417 1210.",U3 =m t"t44.151.NwcColimum..]
AMENDMENT TO PROMISSORY NOTES
This AMENDMENT dated July 15, 2007, is between COLISEUM ENTERTAINMENT GROUP,
INC., a Pennsylvania corporation, and COLISEUM REAL ESTATE GROUP, INC., a Pennsylvania
corporation, both with a registered address of 518 Katrina Court, Mechanicsburg, Pennsylvania, and
PATRICK K. MYERS and LORRAINE KLINE MYERS, husband and wife, of 518 Katrina Court,
Mechanicsburg, Pennsylvania (collectively, the "Maker"), and DONALD E. DIEHL, an adult individual
with an office at 4 East High Street, Carlisle, Pennsylvania, his heirs or assigns ("Holder"),
BACKGROUND
WHEREAS, the Maker executed on behalf of Holder various promissory notes dated October 12,
2006, December 31, 2006, February 19, 2007, March 13, 2007, March 27, 2007, April 5, 2007, for various
amounts of money (collectively, the "Notes");
WHEREAS, in return, the Holder loaned various amounts of money to Maker for the Coliseum Real
Estate Group, Inc., and Coliseum Entertainment Group, Inc.;
WHEREAS, as part of the consideration for the Notes, Maker agreed to issue or transfer stock from
the Coliseum Real Estate Group, Inc., and Coliseum Entertainment Group, Inc., and any other affiliated
company to Holder at various times and until the Notes are paid in full;
WHEREAS, the Maker and Holder have agreed to amend the Notes so that Holder will no longer
receive shares of stock from Coliseum Real Estate Group, Inc., and Coliseum Entertainment Group, Inc., or
any other affiliated company because Holder does not want to increase his interest in either company past
the date of this Amendment; and
WHEREAS, any shares that are due to Holder from Maker that have not yet been issued or
transferred to Holder and when issued or transferred would result in Holder owning over nineteen point six
percent (19.6%) of either company, then Holder desires to waive his right to the issuance or transfer of the
stock that would increase his interest over 19.6% percent; and
WHEREAS, since Maker is unable to payoff the Notes by the date of this Amendment, Maker and
Holder have agreed to execute the same.
NOW THEREFORE, in consideration of the mutual promises and undertakings of the parties set
forth herein, and other valuable consideration, and with the intention of being legally bound hereby, the
parties hereto agree as follows:
1. The parties incorporate the above Background herein as if fully set forth below.
2. If any promissory note that was executed by Maker and Holder for the same purpose as the Notes
has not been defined above, the parties agree that such promissory note should have been included herein
and, therefore, is considered part of the Notes.
Exhibit "C"
3. The parties agree that the Notes are amended to the extent that they deal with the issuance or transfer
of stock from either Coliseum Real Estate Group, Inc., or Coliseum Entertainment Group, Inc., to Holder and
are revised to state that no further stock will be transferred from Maker to Holder after the date of this
Amendment and that instead of the said transfer of stock, Maker will pay to Holder one percent (1 %) per
month on the outstanding balance owed on the Notes. The date of payment of the 1% will remain the date
of issuance or transfer of the stock.
4. Further, the parties agree that any stock that has not been issued or transferred as of the date of this
Agreement and when issued or transferred would result in Holder having an interest in either company over
19.6%, then such stock will not be issued or transferred to Holder and Holder waives the right to the same.
Instead, Paragraph 3 herein will take effect and interest at one percent (1%) will be owed in place of the
stock..
5. The remaining terms and conditions of the Notes remain unaffected and are incorporated herein by
reference and made a part hereof. To the extent there is any conflict between the terms of this Amendment
and the Notes, this Amendment shall control.
6. For the performance of this Agreement and intending to be legally bound hereby, the parties bind
themselves, their successors and assigns, having caused this Agreement to be executed as of the day and year
first written above.
written.
IN WITNESS WHEREOF, Maker has caused this Note to be executed the day and year first above
ATTEST:
ATTEST:
WITNESS:
/ r
/ < ?-
WITNESS:
!C <
COLISEUM R)?? ESTATE GROUP, INC.
By: fir, ;?'-
PaWk K. Myers, President/CEO
COLISEUM RTAINMENT GROUP, INC.
By:
Ea "ick K.,Wers, President/CEO
Patrick K. Myers
Ll.y?
Loraine Kline Myers
2
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5
DONALD E. DIEHL,
Plaintiff
V.
PATRICK K. MYERS and
LORRAINE KLINE MYERS,
Defendants
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 2009- / 9 Sy acchd 77--
AFFIDAVIT OF NON-MILITARY SERVICE
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
ss.
David A. Baric, Esquire, being duly sworn according to law, deposes and says that he is
counsel to the Plaintiff herein, and as such states the following:
1. The Defendants, are not in the military or naval service of the United States or its
allies, or otherwise within the provisions of the Soldiers' and Sailors' Civil Relief Act of 1940,
as amended.
2. The Defendant, Patrick K. Myers, is more than 21 years of age and has a current
address of 518 Katrina Court, Mechanicsburg, Cumberland County, Pennsylvania 17050.
3. The Defendant, Lorraine Kline Myers, is more than 21 years of age and has a
current address of 518 Katrina Court, Mechanicsburg, Cumberland County, Pennsylvania 17050.
4. He has ascertained the above informati personal investigation makes this
Affidavit with due authority.
Sworn to and subscribed before me
this 27th day of March, 2009.
Notary
COMMONWEALTH PENNSYLVANIA
N Seal Public
Amanda L. Bemhisel, Notary
Carlisle Boro Cumberland County
Cnbsion Expires April 17, 2010
Member, Pennsylvania AeeoCiation of Notaries
David A. Baric, Esquire
C7
- o„r
DONALD E. DIEHL,
Plaintiff
V. ;
PATRICK K. MYERS and
LORRAINE KLINE MYERS,
Defendants
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 2009- / 9511 Cc- r9 7;..-
CERTIFICATION OF ADDRESSES
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
ss.
David A. Baric, Esquire, being duly sworn according to law, deposes and says that to the
best of his knowledge, information and belief, the addresses of the judgment creditor and the
judgment debtors in the above-captioned case are as follows:
Plaintiff:
Donald E. Diehl
4 East High Street
Carlisle, PA 17013
Sworn to and subscribed before me
this 27th day of March, 2009.
Defendants:
Patrick K. Myers
518 Katrina Court
Mechanicsburg, PA 17050
Lorraine Kline Myers
518 Katrina Court
echanicsb g, PA 1
David A. Baric, Esquire
Notary
COMMONWEALTH L W OF PENNSYLVANIA
NOfaMl9aal
Amanda L. 84MIGal, Notary Public
cafto 80"t. C916 11 120 u
umb?tantl i , ty con
MY
Membdl eMly ?.'a ? ? en at Notaries
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DONALD E. DIEHL, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V. NO. 2009- l -91 0,??J 7, -
PATRICK PATRICK K. MYERS and
LORRAINE KLINE MYERS,
Defendants
AFFIDAVIT OF COMMERCIAL TRANSACTION
I hereby certify that I am counsel for Donald E. Diehl, the Plaintiff herein, and hereby
certify that judgment is not being entered against a natural person in a consumer transaction.
O'BRIEN, BARIC & SCHERER
David A. Baric, squire
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DONALD E. DIEHL,
Plaintiff
V.
PATRICK K. MYERS and
LORRAINE KLINE MYERS,
Defendants
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 2009-1954
PRAECIPE TO ATTACH SUBSTITUTE VERIFICATION
Please attach the following Substitute Verification to the Complaint In Confession Of
Judgment filed in this matter on March 27, 2009.
Respectfully submitted,
O'BRIEN, BARIC SCHERER
i
David A. Baric, Esquire
Date: April 7, 2009 I.D. #44853
19 West South Street
Carlisle, Pennsylvania 17013
(717) 249-6873
VERIFICATION
I, Donald Diehl, verify that the statements made in the foregoing Confession Of Judgment
are true and correct to the best of my knowledge, information and belief.
I hereby ratify the verification previously supplied by my attorney, David A. Baric, Esquire
and execute this verification as a substituted verification.
I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.
§4904 relating to unsworn falsifications to authorities.
Date: / O - `-? 4 - -- --?
Donald E. Diehl
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DONALD E. DIEHL,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
V.
PATRICK K. MYERS and
LORRAINE KLINE MYERS,
Defendants
NO. 2009-1954
PRAECIPE TO ATTACH SUBSTITUTE VERIFICATION
Please attach the following Substitute Verification to the Confession Of Judgment filed in
this matter on March 27, 2009.
Respectfully submitted,
O'BRIEN, BARIC & HERER
Y
David A. Baric, Esquire
Date: April 7, 2009 I.D. #44853
19 West South Street
Carlisle, Pennsylvania 17013
(717) 249-6873
VERIFICATION
I, Donald E. Diehl, verify that the statements made in the foregoing Complaint In Confession
Of Judgment are true and correct to the best of my knowledge, information and belief.
I hereby ratify the verification previously supplied by my attorney, David A. Baric, Esquire
and execute this verification as a substituted verification.
I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.
§4904 relating to unsworn falsifications to authorities.
Date:
Donald E. Diehl
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Sheriffs Office of Cumberland County
R Thomas Kline Edward L Schor
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Sher Solicitor
Ronny R Anderson Jody S Smith
Chief Deputy F Civil Process Sergeant
SHERIFF'S RETURN OF SERVICE
04/03/2009 07:31 PM - Shawn Harrison, Deputy Sheriff, who being duly sworn according to law, states that on April 3,
2009 at 1931 hours, he served a true copy of the within Notice under Rule 2958.2 of Judgment and
Execution, upon the within named defendant, to wit: Patrick M. Myers, by making known unto Lorraine
Kline Myers, wife of defendant personally, at 518 Katrina Court, Mechanicsburg, Cumberland County,
Pennsylvania, 17050, its contents and at the same time handing to her personally the said true and correc
copy of the same.
04/03/2009 07:31 PM - Shawn Harrison, Deputy Sheriff, who being duly sworn according to law, states that on April 3,
2009 at 1931 hours, he served a true copy of the within Notice under Rule 2958.2 of Judgment and
Execution, upon the within named defendant, to wit: Lorraine Kline Myers, by making known unto Lorraine
Kline Myers personally, at 518 Katrina Court, Mechanicsburg, Cumberland County, Pennsylvania, 17050,
contents and at the same time handing to her personally the said true and correct copy of the same.
SHERIFF COST: $54.80
April 06, 2009
Docket No. 2009-1954
Donald E. Diehl v Patrick & Lorraine Myers
SO ANSWERS,
Op TH?*
2009 APR - 7 P ° 3, 5 0