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Home My WebLink About01-1773 BLUE AND GRAY ACQUISITIONS, INC.. IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA · · v. : NO. ~'~/-/'7'7.:-~ 'L~,;('~z.~ · ACCUBANC MORTGAGE CORP. i · Defendant : IN CONFESSION OF JUDGMENT CONFESSION OF JUDGMENT Pursuant to the authority contained in the warrant of attorney, 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: Unpaid Rents - April 1, 2001, through September 30, 2003 $112,667.17 Attorney's Fees of 10% . $ 1_11,242.47 BALANCE DUE FROM DEFENDANT $123,667.17 Respectfully submitted, FENSTERMACHER AND ASSOCIATES, P.C. By! . .. ~ Fenstermacher ,..Supreme Court I.D. #29940 .. Mark K. Emery Supreme Court I.D. #72787 5115 East Trindle Road Mechanicsburg, PA 17050 (717) 691-5400 Attorney for Plaintiff DATED: March 26, 2001 0 BLUE AND GRAY ACQUISITIONS, INC.. IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA · · v. : NO. ACCUBANC MORTGAGE CORP. i · Defendant : IN CONFESSION OF JUDGMENT COMPLAINT IN CONFESSION OF JUDGMENT AND NOW, comes Plaintiff, by its undersigned attorneys, the Offices of Fenstermacher and Associates, P.C., and files the within Complaint upon a cause of action of which the following is the statement: 1. Plaintiff, Blue and Gray Acquisitions, Inc., is a Pennsylvania corporation, with its principal place of business located at 5115 East Trindle Road, Mechanicsburg, Pennsylvania 17050. 2. The Defendant, AccuBanc Mortgage Corp. is a corporation whose last known address is 12377 Merit Dr., Suite 600, Dallas, Texas 75251-3229. 3. Plaintiff is the owner and lessor of a commercial building located at 5115 East Trindle Road, Hampden Township, Cumberland County, Pennsylvania. , 4. ,O,n or about July 16, 1998, Plaintiff and Defen lease (the Lease for a orti _ _ . . . dant executed a written · ) p on of the property, approximately 2500 s u at 5115 East Tnndle Road ~,o,,~....,. .... ,., .... q are feet, located , Mec,,o.,,.ouu~, r'ennsy~van~a, more specifically described in lhe lease (the "Premises") and known as Suite 200. The Lease was related to a business ransaction between Plaintiff and Defendants. A true and correct copy of the Lease is attached hereto as Exhibit A, incorporated herein by reference and made a part hereof. 1998. 5. Defendant took possession of the Premises on or about September 15, 6. The Lease term was for a period of five (5) years beginning September 15, 1998, and ending September 30, 2003. 7. On or about December 15, 2000, Defendant vacated the Premises prior to the expiration of the Lease term and have taken business equipment from the premises. 8. Defendant has failed to clean the premises once weekly as required under the lease. 9. Defendant has created pest and rodent problems on the premises as a result of leaving food on the premises for over three months. 10. On information and belief, the Plaintiff avers that the Defendant is not a member of the Armed Services. 11. Plaintiff is advised, believes and therefore avers that Defendant has directly and materially breached the terms and conditions of the Lease as follows. (a) By vacating and deserting the Premises during the term of the Lease and permitting the s~me to be empty and unoccupied in violation of the specific terms of the Lease. (b) By removing Defendant's goods and property from the Premises otherwise than in the ordinary and usual course of business without first having paid and satisfied Plaintiff for all rents due Plaintiff at the time of such removal, in violation of the specific terms of the Lease. (c) Failing to clean the premises at least once weekly as specified in the lease. (d) Permitting the premises to be unsanitary by way of leaving food stuffs and perishable items, unattended for a period of over three months. 12. Defendant has refused to perform its covenants under the Lease, despite written demand by the Plaintiff. 13. By virtue of the Defendant's defaults, Plaintiff is entitled to and does hereby declare the balance of rental for the unexpired term of the Lease to be due and payable. 14. The Lease entitles Plaintiff to a ten (10%) percent attorneys' fees. 15. On information and belief, Defendant has an annual income in excess of $10,000.00. 16. As a consequence of the foregoing, Defendant is in default under the Lease and are liable to the Plaintiff for the following amounts: Unpaid Rents- April 1, 2001, through September 30, 2003 $112,667.17 Attorney's Fees of 10% $ 1__1,242.47 BALANCE DUE FROM DEFENDANTS $123,667.17 WHEREFORE, Plaintiff demands judgment in the sum of $123,667.17 authorized in the warrant appearing in the attached Lease, together with costs and interest on the sum of the unpaid rents at the lawful rate until payment. Respectfully submitted, FENSTERMACHER AND ASSOCIATES, P.C. i John" R. Fenstermacher ~ ,. ': Supreme Court I.D. #29940 "~.-~ Mark K. Emery Supreme Court I.D. #72787 5115 East Trindle Road Mechanicsburg, PA 17050 (717) 691-5400 Attorney for Plaintiff DATED: March 26, 2001 V__ERIFICATION I, John R. Fenstermacher, President of Blue and Gray Acquisitions, Inc., a Pennsylvania corporation, Plaintiff in the foregoing Complaint, have read the foregoing Complaint and hereby affirm and verify that it is true and correct to the best of my personal knowledge, information and belief. I verify that all of the statements made in the foregoing are true and correct and that false statements made therein may subject me to the penalties of ~ 8 Pa. C.S.A. Section 4904, relating to unsworn falsification to authorities. Blue and Gray Acquisitions, Inc. / Y DATE: ~/~_~,~ / ~ John R. Fenstermacher, Pre~ BLUE AND GRAY ACQUISITIONS, INC.- IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA · v. : NO. · ACCUBANC MORTGAGE CORP. i · Defendant : IN CONFESSION OF JUDGMENT CERTIFICATE OF RESIDENCE I hereby certify that the address of the Plaintiff in the foregoing matter is: Blue and Gray Acquisitions, Inc. 5115 East Trindle Road Mechancisburg, PA 17050 proceeding is:I further certify that the last known address of the Defendant in the within AccuBanc Mortgage Corp. 12377 Merit Dr., Suite 600 Dallas, TX 75251-3229 FENSTERMACHER AND ASSOCIATES, P.C. By: i aohn R. Fen~rmacher--- --- ~upreme Court I.D. #29940 --.,"Mark K. Emery Supreme Court I.D. #72787 5115 East Trindle Road Mechanicsburg, PA 17050 (717) 691-5400. Attorney for Plaintiff DATED: March 26, 2001 BLUE AND GRAY ACQUISITIONS, INC.. IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA · · v. ' NO. · ACCUBANC MORTGAGE CORP. : · Defendant : IN CONFESSION OF JUDGMENT NOTICE OF ENTRY OF JUDGMENT BY CONFESSION TO: AccuBanc Mortgage Corp. 12377 Merit Dr., Suite 600 Dallas, TX 75251-3229 NOTICE IS HEREBY GIVEN that judgment by confession was entered against you on ,2001, in the amount'of $123,667.17 in the above-captioned case. Prothonotary of Cu'mbe~-aand Cou-~--~ BLUE AND GRAY ACQUISITIONS, INC.. IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA · · v. · NO. · ACCUBANC MORTGAGE CORP. · Defendant : IN CONFESSION OF JUDGMENT AFFIDAVIT OF MAILING Being first duly sworn according to law, John R. Fenstermacher, attorney for the Plaintiff, Blue and Gray Acquisitions, Inc., hereby deposes and says that he mailed the Notice of Entry of Judgment By Confession in the above-captioned cases, a copy of which is attached hereto, by first class mail to the Defendant at their last known address at 12377 Merit Drive, Suite 600, Dallas, TX 75251-3229, all in accordance with Pa.R.C.P. 2958. FENSTERMACHER AND ASSOCIATES, P.C. By:_ ,John R. Fenstermacher Supreme Court I.D. #29940 Mark K. Emery Supreme Court I.D. #72787 5115 East Trindle Road Mechanicsburg, PA 17050 (717) 691-5400 Attorney for Plaintiff DATED- March 26, 2001 SWORN TO AND SUBSCRIBED before me, a Notary Public this ~ day of ,2001 Notary Public My Commission Expires: (SEAL) .. -..,. ~-'x, ,,-~-, -'~ . . ~,. .; ~.' ;'-<:' 2.2:'.' ....- "~ &'~' :.,., -' .~ '"~ '...,'? ,. ,:.:. :'"'~ .~- ; · BLUE AND GRAY ACQUISITIONS, INC.' IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA · ¥. : NO. 01 - 1773 CMl · · ^CCUB^~C MORIG^Gi:: CORe. : Defendant : IN GONFFSSIO~ OF JUDGMF:NT PRAECIPE TO SATISFY JUDGMENT TO THE PROTHONOTARY: Please mark the judgment entered in this matter SATISFIED. Respectfully submitted, FENSTERMACHER AND ASSOCIATES, P.C. B, John R. Fenstermacher Supreme Court I.D. #29940 5115 East Trindle Road Mechanicsburg, PA 17050 (717) 691-5400 Attorney for Plaintiff DATED' March 29, 2001 CERTIFICATE OF SERVICE AND NOW, this 29th day of March, 2001, I, John R. Fenstermacher, hereby certify that I have served the foregoing'Praecipe to Satisfy Judgment by mailing a true and correct copy by United States first class mail, postage prepaid, addressed as follows' AccuBanc Mortgage Corp. 12377 Merit Dr., Suite 600 Dallas, TX 75251-3229 ~-John R. Fenstermacher