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HomeMy WebLinkAbout11-5509COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION PNC BANK, NATIONAL ASSOCIATION, Plaintiff V. DOCKET NO.: CONFESSION OF JUDGMENT DUSAN BRATIC and KATHLEEN M. BRATIC, : Defendants : PREVIOUSLY ASSIGNED TO: N/A 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 Defendants and confess judgment in favor of the Plaintiff and against the Defendants as follows: 4c-?.. ? c.7 -77 -v z = " a. Principal $1,415,193.55 z rn z ;o c`?-_. r-- ? , r-- b. Interest $ 9,080.82 u'a S C. Late Charges $ 6,786.36 r-o co o d. Sat./Term. Fees $ 308.00 n"c) ©-n e. Appraisal Fee $ 8,000.00 y,c° a 6?' f. Attorney's Commission $ 142,427.44 --4 cis D TOTAL: $1,581,796.17 W plus interest at the rate of $210.3690 per day and other expenses, fees and costs to which the Plaintiff may be entitled after July 6, 2011, through the date of payment, including on and after the date of entry of judgment on this Complaint Respectfully submitted, McNees Wallace & Nurick LLC Date: July 7, 2011 By: Qe . h quire Supreme Court ID 24848 100 Pine Street, PO Box 1166 Harrisburg, PA 17108-1166 (717) 237-5439 Attorneys for Plaintiff, PNC Bank, National Association yvk ?l?hcQ. Geoffrey S. Shuff, Esquire McNees Wallace & Nurick LLC Supreme Court ID #24848 100 Pine Street, PO Box 1166 Harrisburg, PA 17108-1166 (717) 237-5439 Attorneys for Plaintiff, PNC Bank, National Association FILED-OFFICE uF TIDE PROTHONOTARY 2-111 JUL -8 AM 10: 33 CUMBERLAND COUNTY PENNSYLVANIA COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION PNC BANK, NATIONAL ASSOCIATION, DOCKET NO.: q chv, Plaintiff : V. : CONFESSION OF JUDGMENT DUSAN BRATIC and KATHLEEN M. BRATIC, : Defendants : PREVIOUSLY ASSIGNED TO: N/A COMPLAINT FOR CONFESSION OF JUDGMENT UNDER RULE 2951 1. The Plaintiff, PNC Bank, National Association, successor to Pennsylvania State Bank, is a national banking association with an office located at 4242 Carlisle Pike, Camp Hill, PA 17011 ("Plaintiff'). 2. The Defendants, Dusan Bratic and Kathleen M. Bratic, are adult individuals with a last known address of 5609 Pinehurst Way, Mechanicsburg, PA 17050 ("Defendants"). 3. The Defendants executed and delivered to the Plaintiff a Promissory Note dated September 9, 2003 ("Note") for a loan ("Loan") in the original principal amount of Two Million Four Hundred Thousand Dollars ($2,400,000.00). A true and correct reproduction of the original Note is attached hereto as Exhibit "A" and made a part hereof. 4. Judgment is not being entered by confession against a natural person in connection with a consumer credit transaction. 5. There has not been any assignment of the Note. 6. Judgment has not been entered on the Note in any jurisdiction. 7. The Defendants are in default of the Defendants' obligations to make payment of the Loan to the Plaintiff as required in the Note, and the Plaintiff has demanded payment in full of the Loan from the Defendants. A true and correct reproduction of the Plaintiffs letter demanding payment is attached hereto as Exhibit "B" and made a part hereof. 8. An itemized computation of the amount owed to the Plaintiff by the Defendants under the Note as of July 6, 2011, is as follows: a. Principal $1,415,193.55 b. Interest $ 9,080.82 C. Late Charges $ 6,786.36 d. Sat./Term. Fees $ 308.00 e. Appraisal Fee $ 8,000.00 f. Attorney's Commission $ 142,427.44 TOTAL: $1,581,796.17 9. Interest at the rate of $210.3690 per day and other expenses, fees and costs to which the Plaintiff may be entitled continue to accrue after July 6, 2011, through the date of payment, including on and after the date of entry of judgment on this Complaint. WHEREFORE, the Plaintiff, PNC Bank, National Association, demands judgment against the Defendants, Dusan Bratic and Kathleen. M. Bratic, in the amount of One Million Five Hundred Eighty-One Thousand Seven Hundred Ninety-Six and 17/100 Dollars ($1,581,796.17), plus interest at the rate of $210.3690 per day and other expenses, fees and costs to which the Plaintiff may be entitled after July 6, 2011, through the date of payment, including on and after the date of entry of judgment on this Complaint. 2 Respectfully submitted, McNees Wallace & Nurick LLC Date: July 7, 2011 By: rff, Esquire ID #24848 100 Pine Street, PO Box 1166 Harrisburg, PA 17108-1166 (717) 237-5439 Attorneys for Plaintiff, PNC Bank, National Association 3 COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION PNC BANK, NATIONAL ASSOCIATION, DOCKET NO.: Plaintiff V. : CONFESSION OF JUDGMENT DUSAN BRATIC and KATHLEEN M. BRATIC, Defendants : PREVIOUSLY ASSIGNED TO: N/A VERIFICATION I, Sherri T. Button, Vice President of PNC Bank, National Association, being authorized to do so on behalf of PNC Bank, National Association, hereby verify that the statements made in the foregoing Complaint are true and correct to the best of my information, knowledge and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unswom falsification to authorities. PNC BANK, NATIONAL ASSOCIATION Date: July 1 2011 By: Sherri T. Button Vice President 4 r ? \ hi PROMISSORY NOTE I$ Malady Data: September 10, 2018 PRt>ASSE TO PAY. Dusan Brack and KatlWOn Inc Brack ('Borrower") Okay and ""ropy praml" to pay m PENNSYLVANIA STATE BANK OWlars (f2? 40or order, In WMW money of ft United S of America, Mar Principal red 0,000.00). togelfer with Incest at the rat of 5.250% per nrw on the unpaid of pr TWO A MNpal tseb bat Fneeour from mS*I Sept H ember Ttrousa ht. , 22 i ON1tq 083. PAYMENT. BOMKW will pay thfe loan in accordance with the following payment schedule: 171s prhtkpat mum of $2.400A00.L(0, together with Interest as berg ndW ProNded on ON principal betance atrittrullnp at any tints, calculated on thrbasis of a 380 day Your. shat be payable In consecutive monft 4ratalkneny, commencing an October 10, 21)(13, and continuing on the 1011h day of sake month ttraNr until September 1% 2015. commencing from Ns date hereof and "tailing until September 10, 2045, Principal end Interest In artears at the rate of five and ono-quarter i er"M (S,25%) per annum on tin outstanding prinlopat balance scat be payable in eghat naadbty Instatmente of iIUK67 on tits 101111h day of each month, each srwti Payment to be applied as owe fully described below, based on an we" fifteen (15) year a gltbn. ThreMor, the Interest rate payable on the principal amount of tits Loan that, outstanding shat be a rate as offend by the Lender In k sole discretkn, and the onotmt of tho October tokmWhmmft of principal , 2005. and and kdaast shat be paid by Borrower to Leader In oatsecutvs montby Installments commemeing on 1)nulep an the 100r day of each month thereafter until September 10, 2015. Unless otherwise agreed or required by applicable law, payments wit be applied flea to any socrued unpaid Interest;'then to prkhdpah, gran to arty unpaid collection costs; and then to any tale charges. The annual Interest rate for lift Nests Is computed on a USM basis; that Is, by applvfng the reflo.of the Manuel iffuest.nte atilt s year of 360 days, multiplied by the ouistandlng pdru, PN below% multiplied by the acium numbbeerr of days Ohs principal balance Is outstanding. Borrowr will pay Lender at Lender's address shown above or at such other place as Lender may designate In salting. PREPAYMENT PENALTY; MMMAAIXut INTEREST CHARGE. In any event, even upon Irll prepayment of this Me. Borrower understands that Larder is eoOlted to a minimum bn~ charge of 5730. Upon prepayment of this Nola, Lady Is ahtiled to the toflowfng prepayment penalty; If for any reason you should prepay the Loan, limited to reNnaneing with another financial InstMhdfon, a prepayment partafty shall be Invoked. Such prepayment fee shag be payable at the time of prepaymml In an amount calculated by Lenclar equal to five percent (5%) of my amount prepaid during fie flat you of the Loan; four percent (4%) of any amount Premed during the second year of the Loan; three pereent (3%) of any amount during the third year of the Loarr, two percartt (2%) of any amount during the fourth year of the Loan and two percent (2%) of any amount durkp the ftKtt "r of Ufa Loan. Borrower may prepay this coon w1)hout penalty Kam Intern ft generated funds, For a period of nktety (90) days followpg rte 601rariorh of the first five years period, is low may be prepaid M tut or in part without peaty. Other than Borrowers obligation to pay any minimum interest charge and prepayment partalh. Borrower may pay d or a portion of Me entou d owed NOW than ft Is due. Early payments will not, wriess agreed to by tender in wrtlkkg, Weve Borrow of Borr we's obligation to contrta to crake payments under the payment schedule. ftattar, early payments w51 reduce the principal balflrce due and may resua in sonowees making tower p%mots. Benower egress not to send Lender payments rrvt*ad "paid In kill', 'without notate', cr similar language. If Borrower sends such a payment, Lander may aaapt It wl )wA losing any of lender's rights carder 40 Note, and Borrower we remain obligated to pay any )cater amount owed to Larder. AS written corm unkations eonceming disputed amounts, incudkg any check or olfher payment Instrument itW indicates that the payment constitutes 'payment in f W of the etteuent owed or that is tendered with other conditions or limitations or as kril ea4sfaceon of a disputed amount must be mallad or delivered to: Pennsylvania Stale Bank, 2148 Market Street, P.O. Box 407 Camp Hill, PA 17001.0487. LATE CHARGE, if a payment Is 15 days or more late, 8omower will be chnr;od ]y,%QI the regularly spFhadtiled payment or $50.00, whichever is greater. - a(p 1Ni?' ?? ytl ' INTEREST AFTER DEFAULT. Upon defaktt. Including fag" to pay upon rural - aturiy, the total sun due under this Note will bear Intorest from the date of acoeleratlon or maturity at the interest rate on this Note. The interest rats will not exceed the maximum rate permuted by applicable taw. OEFAULT. Each of the foflowtng shelf constitute an event of default ('Even of Detaulfry under this Note: Payment Default. Borrower feint to make any payment when due under this Note. Other Defaults. Borrower falls to comply with or to perform any other tams obligation, covenant or condition contained In "a Note or In any of the rested documents or to -I 'wkh or to pe`d?orm y t oblig Wort, or condition carttak-6-bony other agreement bowman Lender and Borrower. QO /YLWa,[- 77 fa'nt„ t ? l/f??f Environmental VdaulL Failure of any party to comply with or perform when due any term, obligation, convsmrt or condition corrtshW In any environmental agreement executed In correaft with any [can. False Statements. Any warranty, representation or statement made or IMUahad to Lender by Borrower or on Borrower's belat trader thi8 Note or the related documents Is false or misleading In any material respect, elthe• now or at the lime made OF furnished or becomes lake or mWeadkg at any limo thereafter. Death or Insolvency. The death of Borrower or the dtasdutbn or termination of Borrower's existence as a going business, the Insolvency, of Borrower, the appolMneM of a receiver for any pad of Borrowers properly, any assipurwrd for the benefit of creditors, any type of creditor workout, or the twnrratcommi of any prooWkv under any bankruptcy or Inedvarry larva by or agaksl Borrower. Creditor or Forfaitire Proceedings. Oomino ceaaM of foreclosure cr b lel as pro eadI leas, wh Ww by Judicial proceeding, m#4191p, repossession or any other metwel, by any creditor at Borrower or by any gwarmsntal agency against mir cola" securing the ban. This Includes a gamishment of any of eomowers accounts, including deposit accounts, with Larder. However, 5hle Event of oa?aW $hin rot apply u aware Is a good faith dlspuls by ftmwer as to the validity or reasonableness of its claim which Is the basis of the oredibr or brlelaee pmosed i g and O Borrower gives tender written notice of the creditor or todehure prooe ding and deposits with Lamle monies or a surety bond for the creditor or forfeiture proceeding, in an amount delmnined by Lander, in ft sole di3Getbn as MV an alequale room or bond for tie diepule. Events Affecting Guarantor. Any of the preceding everts ormn with mspecl to am Guarantor of any of Ma Indebtedness of any Guarantor dWe or becomes incompetent or revokes or d 1spules the vagdily of, or liability order, any guaranty of the I6debterkless evidenced by this ride. In the event of a death, Lander, at its option, may, but atre5 not be required to, pwrttt the Guarantors selate to assume unconditionally the obligations arising under the guaranty in a manner satlstadory to Lender, and, h doing so, cure any Event of Us& Adverse Change. A material adverse change occurs In harrowers finardal condition, or Lender believes the prospect of payment or perkxmance of this Note Is Impaired. Insecurity. Lander in good faith believes bell Insecure. Cure Provisions. H any default, other then a defaulf in payment Is curable and it Borrower halt not been given a notice of a breach of the same provision of this Note within the preceding twelve (12) months, h may be cared (and no evert of defntf will have occurred) d Borrower, after receiving written notice from Lander demanding cue of such default (1) cures the defauti within fifteen (15) days; or (2) a the cure requlrea more than fifteen (15) days, Immediately Inkletes slops which lender deems in Lenelses sole discrellon to be suttb)em to cure the default and thereafter continues and completes all reasonable and necessary steps sufficient to produce compliance as soon as reasonably practical. i.ENDER'S.RIGHTS. Upon Mew, Lender may, after giving such notices as rectared by applicable law, declare the entice unpaid principal balance an itch Note and all accrued WOW Interest Immediately due, and then Borrower will pay that amount ATTORNEYS' FEES; EXPENSES. Lender may hire or pay someone eke to help collect Ott Note ti Borrower does not pay. Borrower will pay Lander that arhwunt. This Includes, u4set to any limik under oppileable law, Leutere Attorneys' fees rid Landers legal expenses, whether or not there is a lawsuit, khcludhg attorneys' fees, expenses W bankruptcy proceedings (including eftorls to madly or vacate any automatic stay or h)unction), and / appeats. I( not prottbiled by applicable kw, Borrower also will pay any coon 00313, In addition b ail other sums provided by lave, GOVERNING LAW. This Note will be governed by, construed and enforced In accordance with federal law and the laws of the Commonwealth of Pennsylvania. This Note has been accepted by Lender In the Commonwealth of Pennsylvania. 1301TOYre17: Dusah Bralto_ Lander- PENNSYLVANIA STATE BANK KxUWW Cumberland Paria 1521 Hipp Meadow ? 91 Cuthbrfout P Y F4tanclal Center Meolani0sburp PA 17055 1111-hard-burg, sarinalr to 7M (717)795.7250 Principal Amount: $2,400,000.00 Interest Rate: 5.25W. Date of Nate: SOPtentber 9, 2003 PROMISSORY NOTE Loan No: (Continued) Paige 2 0WONOREO ITI!M FEE. eonewner will pay a tee to Lender of 528.00 k Borrower makes a payment On BOrro ses ban mud Iha dtak or presutltorhed charge with which Borrow pays Is later dishonored. RIGHT OF SETOFF. To the exist pemfded by apppoeOW law, Lander nesarims a right of a" In ad Borrowers acohb wk h Lender (whaUwr dtxacGg savktps, a amts aher This Includes ei accounts Bprtowar h%* Icy aalh someone eke and allacooLnb Borrower mry open in Or future. However, lhk does not Incluil$ ortir IRA or Keogh accents, orally 1W accounts br which sabtf twtad be laPhibllad by kw. Borrower audoraes Lender, to tr extent permitted by applicable law, to charge or sabif of suer owig an tie hdebledmm egainct ay and all such accounts. COLLATERAL. Borrower eekWielodgee this Note Is secured by, among other things, a MWWW and Seeurky Agreerra nt from Borrower b Lender of even data herewith and Intended b be recorded brlhiahh, secured upon prembee lik eta at 130 NaHgnwide Drkw, hlerrbburg, PA 1711a. a described in said Mortgage. AN of the agrearne nit, conditions, eavgyrse, prowsbns Ord $*Kj boro oenghed in the mortgage which are b be kept arts padorrnW by Borrower, are hereby monde apart of this Nola to rte same extent and wish tte Sam force and eded as t try were illy sat lOrth lherekh, and Borrower Bove - and agrase to keep and perform them, or cause them to be kept end perforated, skkey In OM h nco Bret their Femn PROPERTY INSURANCE. Borrower rdeewnds that Bongwar b ra"h d b dralh haratos forth, collateral securing ems Noe. Furtltsr Illonhhatbn ` cmcemIng this rsqulemsd Is oat br1h In the Security Agreement end Mortgage and In the Ag 90MV to Provide h aurence, as she terms and .?-?t? oondtdonhe 0 (which are heorby khoofporated and mode a par of this Note. "?,/-/ DEFAVII INTEREST BATE In vaivrm df dolaut tor v0c h Lander does rwl accelerate the Loon, ywiyWtg err letura of Borrower te pnwkk the 6lMx rhoace ertchh the applcablle Interest rata on the Lien for a period bepihttkp In.." (" days ?J (30) da wW' ys of said d r,„II and Increase at ad?rl s goww d nokWddault, pwm# frig 00 fury (90) day Period OWIIIW u?rkp which tie 30 ?`?' notiAd "Joule omMum. Such do"Interest rate shat apply to t ha o latenchg prheipd balance at the Lean. upon the cuff d fire notoed debalk t e Interest raw an she Loan 010 revert bite inR* agrad-*oq h101W rate effective on the date on whlbh daleult is oared. LOAN DOCUMENTS. This Note, to Mortgage and Security Agreement, the related collateral d0ou nets, Lerdw% commitment letter to Borrower dated August 4 2003, are retewed b harsh cofeoilvey as the'Loen DoeumMb', and the provisions thereol ere incorporated harsh by reference. BANKING RELATIONSHIP. YOU and nnktah you primary deposit account relationship with Pennsylvania State Bank. SUCCESSOR INTEREST'S. The farts of this Note shall be bfndaV upon Borrower, and upon Borowees heirs, personal representetNes, successors and aastgro, and alrtt Inure to the Mnett of lender and its successors and assigns. NOTIFY VS OF INACCURATE INFORMATION WE REPORT TO CONSUMER REPORTING AGENCM. Ptesse notify us t we repot any ineomasto information about your somunt(a) to a costume mpor" agency. Your wefilen notice deaolfhg to aWft hocc rwyVa) amid be sent to us at the following address: PENNSYLVANIA STATE BANK 2148 Market Street, P.G. Box 487 Carp Hill, PA 17001.0487 GENERAL PROVISIONS. Lender may dewy or forgo ontoroing any of its rights a remedies urdar fhb Nola without losing tem. Each Borrower understands and agrees that. with or without notice o' Borrower, Lander.moy wkh respect b any other Borrower (a) make our or more additional ) seared Or unsecured ban of Otnevda extend additional credit; (b) alter, oorpromise, renew, emend, 00001aale, or otherwise charge ono Of more thmes the time fa P&MM Or oerer urns of any Indebtedness, hp A*V Inoressa and decreases of to rate of Interest on the irdeblodrees: (c) exchange, enforce, waive. SWW*ate, fait or decide not b perteet, and We - 1w arty asourity, with a woVW the substitution Of new cofaerat; (d) apply such security and direct the Oder or manner of aab thereof, indudhg wftW knkafm, only non-JudWal sale permitted by the tans d the II controting security agreements. as Under to its dscretbm may determine; (e) release, substitute, agree not to we, or deal with any one or more of Borrower's sureties. W910(340. Or other guarantors on any terms or In any wanner Lender may choose, and (Q determine how. when and what application Of payments and credits stall be made many other indebtedness owing by such other Borrower. Borrower and any coal parson who signs. guarantees of adorsas this Now, a the extern allowed by law, waive proems w demand nor payment are notice d distwo. Vpo n any lwms aerohhmodeam maker a endorser, shat ekased from 4abtdy lyAk se di in wrW% no perry who signs ids Not% whstrr as maker, guarantor, IanO of the) ads ban or release any party or guarmax or cokawal; a parties agree that Lerch may raw or extend (repeatedly and for any and take any ctrl action dawned necessary meas. fat 11 realize upon or ps1 Undoes wonky ftersat Leh the oo odg : mil loan w W the consent of a notice ro by Lender without the party wO consent of or 1p to anyone. such pater also ions that Laden may mjolty and several. It an M Other than the perry wish whom the me k IX is is nude. The obligations uany into NOW are Joni my portion of Ode Now is for any erry r reason rktermbhed b be hner)faft souss. e, In k will t root affect Nod the enbnceabWy, d any ocher provisions of rii1 Note. CONFESSION OF JUDGMENT. BORROWER HEREBY IRREVOCABLY AUTHORIZES AND EMPOWERS ANY ATTORNEY OR THE PROTHONOTARY OR CLERK OF ANY COURT IN THE COMMONWEALTH OF PENNSYLVANIA, OR ELSEWHERE, TO APPEAR AT ANY TIME FOR BORROWER AFTER A DEFAULT UNDER THIS NOTE AND WITH OR WITHOUT COMPLAINT FILED, CONFESS OR ENTER JUDGMENT AGAINST BORROWER FOR THE ENTIRE PRINCIPAL BALANCE OF THIS NOTE AND ALL ACCRUED INTEREST, LATE CHARGES AND ANY AND ALL AMOUNTS EXPENDED OA ADVANCED BY LENDER RELATING TO ANY COLLATERAL SECURING THIS NOTE, TOGETHER WITH COSTS OF SUIT, AND AN ATTORNEY'S C NOT OMMISSION OF TEN PERCENT (10%) OF THE UNPAID PRINCIPAL BALANCE AND ACCRUED INTEREST FOR COLLECTION, BUT IN ANY EVENT OR MORE E MMEDIAS TELY;AND FOR SO HUNDRED DOLLARS HIS NOTE ORJA CON WF11CH JUDGMENT OR OPY OF THIS NOTE VERMiED BYAFAFFIDAV IT SHALL BE SUFFICIENT WARRAry ( ST E AUTHORITY GRANTED IN THIS NOTE TO CONFESS JUDGMENT AGAINST BORROWER SHALL NOT BE EXHAUSTED BY ANY EXERCISE OF THAT AUTHORITY, BUT SHALL CONTINUE FROM TIME TO TIME AND AT ALL TIMES UNTIL PAYMENT IN FULL OF ALL AMOUNTS DUE UNDER THIS NOTE. BORROWER HEREBY WAIVES ANY RIGHT BORROWER MAY HAVE TO NOTICE OR TO A HEARING IN CONNECTION WITH ANY SUCH I CONFESSION OF JUDGMENT AND STATES THAT EITHER A REPRESENTATIVE OF LENDER SPECIFICALLY CALLED TH13 CONFESSION JUDGMENT PROVISION TO BORROWER'S ATTENTION OR BORROWER HAS BEEN REPRESENTED BY INDEPENDENT LEGAL COUNSEL OF PRIOR TO SIGNING THIS NOTE, EACH BORROWER READ AND UNDERSTOOD ALL THE PROVISIONS OF THIS NOTE AND THE NOTICE TO COSIGNER SET FORTH BELOW, EACH BORROWER AGREES TO THE TERMS OF THE NOTE. BORROWER ACK OWLEDGES RECEIPT OF A COMPLETED COPY OF THIS PROMISSORY NOTE THIS NOTE IS EN UNDER SEAL AND IT IS INTENDED THAT THIS NOTE IS AND SHALL CONSTITUTE AND HAVE THE EFFECT OF A SEALED IN MENT ACCORDING TO LAW. I BOAAOWER X ..>. Seal) X Dusan ratio(Seal) Haul rallic LENDER: PENNSYLVANIA STATE BANK u h0? her ?"" `C? -- NOTICE TO COSIGNER YOU an being asked to guarantee thb debt, Think carefully before you do. If the borrower doesn't pay the debt, you will have to. Be sure you can afford to pay it you have to, and that you want to accept this responsibility, You may have to pay up to the fun amount of the debt If the borrower does not pay, You may also have to pay late fees or oolleetlon costs, which Increase this amount. The Lender can collect thisdebt from you without first trying to collect from the borrower, The Lender can use the some collection methods against you that an be used against the owe, $Qch as suing you, garnishing your wages If this debt Is ever In default, that feet tray become a part of YOUR credit record. This notice Is not the contract that makes y,u liable for the debt. qd3'VPNCBANK BY OVERNIGHT COURIER - PERSONAL AND CONFIDENTIAL May 23, 2011 Dusan Bratic Kathleen M. Bratic 1521 High Meadow Lane Mechanicsburg, PA 17055 Plaza Management, Inc. 150 Nationwide Drive Harrisburg, PA 17110 Re: DEMAND FOR PAYMENT Dusan Bratic and Kathleen M. Bratic Obligor/Obligation No.: ? Dear Mr. and Ms. Bratic: As you know, the addressees of this letter ("you") are obligated to PNC Bank, National Association {"PNC") for the referenced loan ("Loan"), pursuant to certain loan documents (collectively, "Loan Documents"), including a Promissory Note and other related loan documents executed and delivered to PNC by Dusan Bratic and Kathleen M. Bratic (together, 'Bratics"), and a Commercial Guaranty agreement and other related documents executed and delivered to PNC by Plaza Management, Inc. The Bratics are in default of their obligations to PNC for failure to make monthly payments of the Loan as and when due, and for failure to timely pay 2009 and 2010 real estate taxes on the real property that is subject to the Mortgage that secures the Loan, each of which constitutes an Event of Default under the Loan Documents (together, "Event of Default'). As a result of the Event of Default, the entire outstanding amount of the Loan is due and payable to PNC, and IMMEDIATE PAYMENT IN FULL OF THE LOAN IS HEREBY DEMANDED. As of this date, except as noted for attorneys fees, the amount due is as follows: Principal $1,442,530.60 Interest 12,411.77 Late Charges 6,786.36 Sat./Term. Fees 308.00 Processing Fee 75.00 Appraisal Fee 8,000.00 Attys. Fees as of 5/17/11 5.439.27 TOTAL $1,475,551.00 Member of The PNC Financlal Services Group 1631 South Atherton Street Suite 200 State College Pennsylvania 16801 www,pnc.com Also, you are liable for payment of additional interest, which continues to accrue at the rate of $2I ON% per day through the date on which payment is received by PNC, and for payment of any additional late charge, any prepayment charge, any charge for any appraisal and/or environmental report, any recording or filing fee, any attorneys' fee and expense, and any other amount that is or becomes due or payable to PNC through the date on which payment is received by PNC. PNC reserves the right to revise and notify you of any change(s) in the payoff amount(s) due to any unforeseen circumstance(s), calculation error(s) and amount(s) payable by you that is or are not included in the payoff amount(s) above, or otherwise. Please contact the undersigned at (814) 231-1633 to obtain a final payoff figure and to make arrangements for payment in full of the Loan Please be advised that unless payment in full is delivered immediately to PNC in immediately available funds, PNC will consider taking action to collect the amount owed, and to preserve and protect its rights and interests relating to the Loan and Loan Documents, including the initiation of legal action. Any amount that is received by PNC on account of the Loan on or after the date of this letter will be applied by PNC as a partial payment against the entire outstanding amount of the Loan. Neither this letter nor anything contained herein waives, limits or otherwise affects in any, way PNC's right to exercise and enforce its rights and remedies under the Loan Documents, or at law or in equity, all of which are reserved by PNC and remain in full force and effect, enforceable by PNC at any time on and after the date of this letter. Very truly yours, PNC BANK, NATIONAL ASSOCIATION Sherri T. Button Vice President Asset Resolution Team C: Geoffrey S. Shuff, Esquire COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION PNC BANK, NATIONAL ASSOCIATION, DOCKET NO.: Plaintiff V. CONFESSION OF JUDGMENT DUSAN BRATIC and KATHLEEN M. BRATIC, Defendants : PREVIOUSLY ASSIGNED TO: N/A AFFIDAVIT OF NON-MILITARY SERVICE TO THE PROTHONOTARY: I do certify, to the best of my knowledge, that the Defendants in the above-captioned action, Dusan Bratic and Kathleen M. Bratic, are not presently on active or nonactive military status. Respectfully submitted, Date: July 7, 2011 McNees Wallace & Nurick LLC By: Supr e Court/fl) #24848 10 me Street, PO Box 1166 Harrisburg, PA 17108-1166 (717) 237-5439 Attorneys for Plaintiff, PNC Bank, National Association rn rn c . = i rn -4 Cn ?o s> p-r C) = = c=s 2G 3> ? O C:) r" -C ? p COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION PNC BANK, NATIONAL ASSOCIATION, DOCKET NO.: Y Plaintiff 1 S SQ c- V. : CONFESSION OF JUDGMENT DUSAN BRATIC and KATHLEEN M. BRATIC, Defendants : PREVIOUSLY ASSIGNED TO: N/A CERTIFICATE OF ADDRESSES I hereby certify that the precise address of the Plaintiff, PNC Bank, National Association, is 4242 Carlisle Pike, Camp Hill, PA 17011; and that the last known address of the Defendants, Dusan Bratic and Kathleen M. Bratic, is 5609 Pinehurst Way, Mechanicsburg, PA 17050. Respectfully submitted, Date: July 7, 2011 McNees Wallace & Nurick LLC By: Sbpmw.k Courtp #24848 100 Pine Stre , PO Box 1166 Harrisburg, IAA 17108-1166 (717) 237-5439 Attorneys for Plaintiff, PNC Bank, National Association .rn z AC) <p ZO W- d-n w Co S?'Z 70 COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION PNC BANK, NATIONAL ASSOCIATION, Plaintiff DOCKET NO.: r J ??6 g V. DUSAN BRATIC and KATHLEEN M. BRATIC, Defendants CONFESSION OF JUDGMENT PREVIOUSLY ASSIGNED TO: N/A NOTICE UNDER RULE 2958.1 OF JUDGMENT AND EXECUTION THEREON NOTICE OF DEFENDANT'S RIGHTS To: Dusan Bratic Kathleen M. Bratic A judgment in the amount of $1,581,796.17, plus interest and other expenses, fees and costs has been entered against you and in favor of the plaintiff without any 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 REDUCED FEE OR NO FEE. Cumberland County Bar Association 34 S. Bedford Street Carlisle, PA 17013 (717) 249-3166 Respectfully submitted, McNees Wallace & Nurick LLC Date: July 7, 2011 By: iff, Esquire ID #24848 100 Pine Street, PO Box 1166 Harrisburg, PA 17108-1166 (717) 237-5439 Attorneys for Plaintiff, PNC Bank, National Association COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION PNC BANK, NATIONAL ASSOCIATION, DOCKET NO.: 11 , ??Q g C, ,,,r l Plaintiff V. CONFESSION OF JUDGMENT DUSAN BRATIC and KATHLEEN M. BRATIC, Defendants PREVIOUSLY ASSIGNED TO: N/A To: Dusan Bratic and Kathleen M. Bratic, Defendants You are hereby notified that on I1 , 2011, judgment by confession was entered against you in the sum of $1,581,7017, plus interest at the rate of $210.3690 per day and other expenses, fees and costs to which the Plaintiff may be entitled after July 6, 2011 ough the date of payment, including on and after the date of entry o mpl t in this action. 1w? / DATE: 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. Cumberland County Bar Association 34 S. Bedford Street Carlisle, PA 17013 (717) 249-3166 I hereby certify that the following is the address of the Defendant stated in the certificate of residence: Dusan Bratic Kathleen M. Bratic 5609 Pinehurst Way 5609 Pinehurst Way Mechanicsburg, PA 17050 Mechanicsburg, PA 17050 Geof S. S , Att ey for Plaintiff A, Dusan Bratic and Kathleen M. Bratic, Demandado(s) Por este medio sea avisado que en el dia admision fue registrado contra usted por la mencionado arriba. de de 2011, un juicio por cantidad de $1,581,796.17, referente al caso Fecha: Protonotario LLEVE ESTA DEMANDA A UN ABODAGO IMMEDIATAMENTE. SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA A LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. Cumberland County Bar Association 34 S. Bedford Street Carlisle, PA 17013 (717) 249-3166 Por este medio certifico que to siguiente es la direccion del demandado dicho en el certificado de residencia: Dusan Bratic Kathleen M. Bratic 5609 Pinehurst Way 5609 Pinehurst Way Mechanicsburg, PA 17050 Mechanicsburg, PA 17050 Z--- I-/ Ge ffr S. ogado del Demandantes COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL§kCIVIL ACTION =rn ,ten- raa- '- ;0 PNC BANK, NATIONAL ASSOCIATION, DOCKET NO.: 1_ s ?z o? o Plaintiff C???j *o C) o v. CONFESSION OF JUDGNT°•' ? DUSAN BRATIC and KATHLEEN M. BRATIC, Defendants PREVIOUSLY ASSIGNED TO: N/A PRAECIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please enter my appearance on behalf of Plaintiff, PNC Bank, National Association. Papers may be served at the address set forth below. Geoffrey S. Shuff, Esquire McNees Wallace & Nurick LLC 100 Pine Street, PO Box 1166 Harrisburg, PA 17108-1166 (717) 237-5439 Date: July 7, 2011 Respectfully submitted, McNees Wallace & Nurick LLC By: eo y S. uff, Esquire Supreme EWA ID #24848 100 Pine Street, PO Box 1166 Harrisburg, PA 17108-1166 (717) 237-5439 Attorneys for Plaintiff, Association PNC Bank, National COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL?,g4It?; = CIVIL ACTION r" C = -t> cn t NATIONAL ASSOCIATION, DOCKET NO.: 11-5509 PNC BANK , Plaintiff v cam-, ?' ?" CONFESSION OF JUDGMENT V c - . t\ DUSAN BRATIC and KATHLEEN M. BRATIC, Defendants PREVIOUSLY ASSIGNED TO: N/A RETURN OF SERVICE PURSUANT TO PA. R.C.P. No. 2958.1(c) Plaintiff, PNC Bank, National Association, hereby files this Return of Service and swears and affirms that the person or persons listed below was or were served pursuant to Pa. R.C.P. No. 2958.1(b) with the Notice of Judgment and Execution Required by Rule 2958.1 by certified mail, return receipt requested, as provided by Pa. R.C.P. No. 403. A copy of each receipt for certified mail is attached hereto. Dusan Bratic 5609 Pinehurst Way Mechanicsburg, PA 17050 Kathleen M. Bratic 5609 Pinehurst Way Mechanicsburg, PA 17050 Respectfully submitted, McNees Wallace & Nurick LLC Date: A11g11st 3, 2011 By: Z? VI//// G ey Esquire 4 re Court I #24848 100 Pine Street, PO Box 1166 Harrisburg, PA 17108-1166 (717) 237-5439 Attorneys for Plaintiff - - - -- ---- ---- ---- -- - -- ---------- ---- 2. Article Number ? Agent ? Addressee yes ? No 116085-0298 3029 Domestic Return Receipt 2. Article Number A. Meet nt Clearly) S. Date of Delivery C. Signs 7196 9008 9111 0621 0326 D.1 very difterentfromItemI? ?El Age Yesnessee YES, enter delMery address below: ? No 3. Service Type CERTMED MAIL- 4. Restricted Delivery? (Extra Fee) Elyse 1. Article Addressed to: Kathleen M. Bratic 5609 Pinehurst Way Mechanicsburg, PA 17050 16085-0298 3029 PS Form 3811, January 2005 Domestic Return V I PNC BANK, NATIONAL IN THE COURT OF COMMON PLEAS OF ASSOCIATION CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. DOCKET NO. 11-5509 CIVIL ^ ' *+ DUSAN BRATIC and _ z-n KATHLEEN M. BRATIC -?r Defendants Ltd ? -I; ? cr? X71 ? r ,M-ri ? 1, RULE TO SHOW CAUSE ' = j CD AND NOW, this day of JZ4a,4.4_, 2011, it is hereby ORDERED that 1. A Rule is issued upon Respondent to show cause, if any it has, why the Judgment entered in the above-captioned matter should not be opened and the defenses of the Petitioner be permitted; 2. The Respondent shall file an Answer to the Petition to Open Judgment within g days from the days of service upon the Respondent; 3. The Petition shall be decided under Pa.R.C.P. 206.7; 4. Depositions shall be completed within CO days of this date; 5. Argument shall be held on e1jr.? d/ , 20// in Courtroom No. of the County Courthouse,; Q d.' 41J,,o• rn 6. Notice of the entry of this Order shall be provided to all parties by the Petitioner; and 7. All proceedings, including all executions on the judgment docketed hereto are stayed pending this Court's review and determination of the Petition to Open Judgment and rulings thereon and the entry of an Order dissolving such Stay. Distribution List: Prothonotary Dusan Bratic, Esq. 101 South US Route 15, Dillsburg, PA 17019 Geoffrey S. Shuff, Esq., McNees Wallace & Nurick,100 Pine St., P.O Harrisburg, PA 17108-1166 Copes 8 m o 0 Box 1166, PNC BANK, NATIONAL ASSOCIATION, Plaintiff V DUSAN BRATIC and KATHLEEN M. BRATIC, Defendants IN RE: PETITION IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 2011-5509 CIVIL TERM CONFESSION OF JUDGMENT PREVIOUSLY ASSIGNED TO: N/A TO OPEN JUDGMENT ORDER OF COURT AND NOW, this 21st day of October, 2011, on agreement of the parties, as to Kathleen M. Bratic, the pending motion to open judgment is dismissed. By the Court, Kev Geoffrey S. Shuff, Esquire For the Plaintiff Dusan Bratic, Esquire Defendant : bg n MADE 10 'or.8 Hess, P.J. E D. L 1211 -5 M1 3: ! 7 a..°MBERLAND COUNT V COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION PNC BANK, NATIONAL ASSOCIATION, Plaintiff DOCKET NO.: 11-5509 CIVIL V. CONFESSION OF JUDGMENT DUSAN BRATIC and KATHLEEN M. BRATIC, PREVIOUSLY ASSIGNED TO: Defendants JUDGE KEVIN A. HESS PRAECIPE TO MARK JUDGMENT TO THE USE Of' Harrisburg Econolodge Partners, LP, a Pennsylvania limited partnership TO THE PROTHONOTARY: Kindly mark the above entitled judgment to the use of. Harrisburg Econolodge Partners, LP, a Pennsylvania limited partnership, 3000 W. Valley Forge Circle, Suite 1352 King of Prussia, PA 19406. Dated: February 9, 2012 eo y uff, Esquire upreme ourt ID #24848 McNees Wallace &, Nurick LLC 100 Pine Street, PC) Box 1166 Harrisburg, PA 17108-1166 (717) 237-5439 Attorneys for Plaintiff, PNC Bank, National Association Q??B Q . SLR `?, (,l CHAR I\125186Sv1 Steven J. Schiffman, Esq. Jeni S. Madden, Esq. PA ID Nos. 25488 & 209536 SERRA ['ELLf, SCHIFFMAN, & BROWN, P.C. 2080 Linglestown Road, Suite 201 Harrisburg, PA 17110-9670 (717) 540-9170 sschiffiilan(d~ssbc-law.com Lladden wssbc-law.com ~..,;r ,~ p a~~,; ;, ~, - r3 n a I'NC BANK, NATIONAL ASSOC[ATION, TO THE USE OF HARRISBURG ECONOLODGE PARTNERS, LP, TO THE USE OF MID PENN BANK. Plaintiff v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No.: 201 1-5509 CIVIL DUSAN BR.ATIC and KATHLEEN M. :PREVIOUSLY ASSIGNED TO: BRATIC, :JUDGE KEVIN A. HESS Defendants PRAECIPE :FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please enter the appearance of Ser•ratelli, Schiffman and Brown, 1'. C'. on behalf of use plaintiff Mid Penn Bank. Date: October 17, 2012 SERRATF,LII, SCHIFFMAN & f~'I'O a :.V I'. L. ~~~ erii S. Madden, Esquire ,',I~a..ID Nos. 25488 & 209536 2080 Linglestown Road, Suite 201 Harrisburg, PA 171 10-9670 (717) 540-9170 .. ~ ;` B '' ,_ S en J. Schiffman, Esquire KLEHR. HARRISON HARVEY BRANZBURG LLP By_ Jeffrey Kurtzman/Scott P. Shectman, Esquire l . D. Nos.: 5 1 8 1 6/92276 1835 Market Street, Suite 1400 Philadelphia, PA 19103 Tel: (21.5) 569-2700 PNC BANK, NATIONAL ASSOCIATION, to the use of Harrisburg Econolodge Partners, LP, Plaintiff, v. DUSAN BRATIC and KATHLEEN M BRATIC, Defendants ~r, .f~ ;. f~ ~< _~ ; COURT OF COMMON PLEAS CUMBERLAND COUNTY CIVIL ACTION NO.: 201 1-5509 CIVIL PREVIOUSLY ASSIGNED TO JUDGE KEVIN A. HESS PRAECIPE TO MARK JUDGMENT TO THE USE OF MID PENN BANK TO THE PROTHONOTARY: Kindly mark the judgment in the above-captioned action to the use of Mid Penn Bank, 5500 Allentown Boulevard, Harrisburg, PA 17l 12, pursuant to the Assignment attached hereto as Exhibit .~. KLEHR HARRISON HARVEY BRANZBURG LLP f -_~ _- . Dated: --' "~;~lk ~; , 2012 By_ ~'_ ,' +,~_.,~--------~-___ .- .. _ _ _ ___ _ Jeffre~ K~Esquire Scott P. Shectman, Esquire 183 5 Market Street, Suite 1400 Philadelphia, PA 19103 Tel: (215) 569-2700 Attorneys for Harrishztrg t`,'coraolodge Partners, LP ~q.~~ a~ ~~ P~I_~ ~:-+4E~s<<~ t ~ ~ ~~~17d UPON RECORDATION RETURN TO: Jeni S. Madden, Esquire 2080 Linglestown Road, Suite 201 Harrisburg, PA 17110 PROPERTY ADDRESS: 1 SO Nationwide Drive, Harrisburg, Susquehanna Township, Dauphin County, Pennsylvania, 17110 Tax Parcel No.: 62-023-071-000-0000 ASSIGNMENT OF MORTGAGE AND OTHER LOAN DOCUMENTS KNOW ALL BY THESE PRESENTS THAT HARRISBURG ECONOLODGE PARTNERS, LP (`Assignor"'), the holder of the Mortgage hereinafter mentioned, which was assigned to Assignor by Assignment of Mortgage between PNC Bank, National Association and Assignor, dated February 27, 2012 and recorded in the Dauphin County Recorder of Deeds on March. 27, 2012 as Instrument Number 20120008337, for and in consideration of the sum of One Dollar 01.00) lawful money, paid by MID PENN BAND ("Assignee"), at the time of the execution hereof, and other good and valuable consideration, the receipt of all such consideration being hereby acknov~jledged, does hereby grant, bargain, sell, assign, transfer and set cover unto Assignee, and its successors and assigns: (i) that certain Mortgage given and executed by Dusan Bratic and Kathleen M. Bratic ("Mortg_a~or~') in favor of Pennsylvania State Bank dated as of September 9, 2003, and recorded in the Dauphin County Recorder's Office {"Recorder's Office."), in Book 5135, Page llS (the "Mort~a~e"), together with (ii) that certain Assignment of Rents given and executed by the Mortgagor in favor of Pennsylvania State Bank dated as of September 9, 2003, and recorded September 9, 2003 in the Recorder's Office, in Book SI_iS, Page 122 (the "Rent Assi nment"), (iii) the Promissory Note executed by ,Mortgagor and dated September 9, 2003 (collectively, the "Note"), (i_v) the Commercial Guaranty executed by Plaza Management, Inc. dated as of September 9, 2003 1'the `"Guaranty"), (v) all other agreements, documents, instruments and obligations (including with~.~ut limitation the "Judgments" and the "Loan Docu ents" as such terms are defined in that certain Loan Sale Agreement. dated as of October 012 (the "A~reenlent"), by and between ,Assignee and Assignor) (collectively, the "Obligations") secured by or pertaining to the governance and/or enforcement c,f the Mortgage, Rent Assignment and/or the Guaranty, (vi) Assignors right, title and interest in and to the Obligations, (vii} all monies, principal, interest, fees, charges, and other amounts due and to grow due on each of the foregoing documents, (viii) all title insurance policies issued to .Assignor insuring the liens of the Mortgage, and (i~) all other security interests and liens, securing payme~_lt of such monies, principal and interest. fe~:s, charges, and other amounts. TOGETHER WITH all rights, remedies and incidents thereunto belonging, and all estate, right, title, interest, property, claim and demand, in and to the same. TO HAVE, HOLD, RECE]VE AND TAKE, all and singular the hereditaments and premises hereby granted and assigned, or mentioned and intended so to be, with the appurtenances, unto Assignee, and its successors and assigns, to and for its only proper use, benefit and behoof forever and ils successors and assigns therein. This Assignment is made without recourse or representations or warranties of any kind, except as otherwise eXpressly set firth in the Agreement. (The remainder of this page has been left intentionally blank) I1~1~ITNESS WHEREOF, Assignor has caused these presents to be duly executed as of the - day of October, 2C 12. ASSIGNOR: HARRISBURG ECONOLODC'iE PARTNERS, I,P By: Hospitals ,LLC, its general partner By: - ~' (Name) Tit e: ,~..~~~_ The address of the within-named Assignee is: MID P)/NN BANK 5500 Allentown Boulevard Harrisburg, PA 17112 On Behalf of the Assignee STATE OF E 'c~- ss COUN"I'Y OF ~ ~ ` : -~~l On this, the ~~ day of ~~~~( t~~ ~ , 2012, before me, a ~, ___ Notary Public in and for the State and County aforesaid, the undersigned officer„ personally appeaced Nimesh Shah, who acknowledged himself/herself to be the managing member of Fireside Hospitality, LLC, the general partner of HARRISBURG ECONOLODGE PARTNERS, LP, and that he/she as such, being authorized to do so, executed the foregoing instrument for the purposes therein contained by signing the name of the bank b~~ himself/herself as such officer. , ~~ _---- AIZYPUBLIC My Commission Expires NOTARIAL SEAL LORI M WEXL.ER Nohry PutUlc W CONSHOHOCKEN 8080., MONT60MERY CNTY My Commission Expires Jun 1, 201 S IN WITNESS WHEREOF, Assignor has caused these presents to be duly executed as of the ~~ _day of October, 2012. ASSIGNOR.: HARRISBURG ECONOLODGE PARTNERS, LP B_y: Fireside Hospitality, LLC, its general partner By: _ Titl c: (Name) _ _Thc,_address of_the within-named Assignnee is: MID PENN BANK 5500 Allentown Boulevard Harrisburg, PA 17112 /~, On alf o he Assignee STATE QF COUNTY OF ss On this, the day of __ _ _, 201`', before me, a Notary Public in and for the State and County aforesaid, the undersigned officer, personally appeared Nimesh Shah, who acknowledged himself/herself to be the managing member of Fireside Hospitality, LLC, the general partner of HARRISBURG ECONOLODGE PARTNERS, LP, and that he/she as such, being authorized to do so, executed the foregoing instrument for the purposes therein contained by signing the name of the bank by himself/herself as such officer. NOTARY PUBLIC My Commission Expires Steven J. Schiffman, Esq. Jeni S. Madden, Esq. PA ID Nos. 25488 & 209536 SERRATELLI, SCHIFFMAN, SC BROWN, P.C. 2080 Linglestown Road, Suite 201 Harrisburg, PA 171]0-9670 (717) 540-9170 sschiffman(d~ssbc-law.com 'ml adden(c~ssbc-law.com PNC BANK, NATIONAL ASSOCIATION, TO THE USE OF HARRISBURG ECONOLODGE PARTNERS, LP, TO THE USE OF MID PENN BANK, Plaintiff v. DUSAN BRATIC and KATHLEEN M. BRATIC, Defendants '~ ~ ~ .. .. ~~ t-~ , ' ~ ^t~t<r. ~ ,"' ,. ~, ~ ~ -, ; r. `. ~ ,., } ' F its ^d IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No.: 2011-5509 CIVIL PREVIOUSLY ASSIGNED TO: JUDGE KEVIN A. HESS EMERGENCY PETITION FOR EXPEDITED HEARING AND NOW, o,omes use-Plaintiff, Mid Penn Bank, by and through its counsel, Serratelli, Schiffman & Brown, P.C. and files its Emergency Petition for Expedited Hearing, and in support thereof avers as follows: FACTUAL AND PROCEDURAL BACKGROUND 1. On or about July 8, 2011 PNC Bank, National Association ("PNC") filed a confession of judgment ("the Judgment") against Defendants Dusan Bratic and Kathleen M. Bratic (collectively "Defendants") in the above-captioned matter. 2. On or about July 20, 2011, the Judgment was transferred by PNC to the Dauphin County Court of Common Pleas, docketed at 2011-CV-7010 (the "Dauphin County Judgment"). 3. On or about August 4, 2011, Defendants filed. a Petition to Open Judgment and Request for Stay of Proceedings (the "Petition to Open") in the above-captioned mat er. 4. On August 16, 2011, this Honorable Court issued a Rule to Show Cause that, inter alia, required PNC' to file an Answer to the Petition to Open within Twenty (20) days and scheduled argument on the Petition to Open for October 21, 2011. 5. On or about August 31, 2011„ PNC filed its Answer to the Petition to Open. 6. On September 19, 2011 Defendant Dusan Bratic filed a Chapter 11 bankruptcy in the Bankruptcy Court for the Middle District of Pennsylvania at docket number 1:11-ex- 06413-MDF 1;"the Bankruptcy Action"). 7. On October 12, 2011, Defendant Dusan Bratic filed a Notice of Stay in the above- captioned matter, requesting that the matter be stayed due to his pending bankruptcy. 'Therefore, the argument scheduled to occur on October 21, 2011 on the Petition to Open was cancelled. 8. By Order dated October 21~., 2011, the Court dismissed the Petition to Open as to Defendant Kathleen M. Bratic upon agreement of the parties. 9. On or about February 27, 2012, PNC assigned all of its right, title and interest in the Loan .Documents associated with the Judgment to Harrisburg Econolodge Partners, LP "HEP") via Loan Sale Agreement and Assignment of Loan Documents. A true and correct copy of the Assignment of Loan Documents between PNC and HEP is attached hereto as Exhibit "A." 10. ~On or about March 5, 2012, PNC filed a Praecipe to Mark Judgment to the Use of HEP in the above-captioned matter, thereby marking the Judgment to the use of HEP. 11. ~On March 26, 2012, HEP tiled a Motion for Relief from the Automatic Stay in the Bankruptcy Action, requesting that the automatic stay be lifted as to the real property known as 150 Nationwide Drive, Harrisburg, Pennsylvania 17110 ("the Property'`). A 2 true and correct copy of HEP's Motion for Relief from the Automatic Stay is attached hereto as Exhibit "B." 12. On April 19, 2012, the Court in the Bankruptcy Action issued an Order, granting HEP's Motion for Relief from the Automatic Stay as to the Property. A true and correct copy of the April 19, 2012 Order is at ached hereto as Exhibit "C." 13. On or about July 26, 2012, HEP executed on the Dauphin County Judgment by filing a Praecipe for Writ of Execution in the Dauphin County Court of Common Pleas against the Property.. thereby listing the Property for the October 18, 2012 Dauphin County Sheriff Sale. A true and correct copy of the July 26, 2012 Praecipe far Writ of Execution is attached hereto as Exhibit "D." 14. On October 17, 2012 HEP assigned all of~ its right, title and interest in the Loan Documents associated with the Judgment to Mid Penn Bank ("MPB") via Loan Sale Agreement and Assignment of Loan Documents. A true and. correct copy of the Assignment of Loan Documents between HEP and MPB is attached hereto as Exhibit .,E ., 15. By letter dated October 17, 2012, undersigned counsel continued the October 17, 2012 sheriff sale to the December 6, 2012 Dauphin County Sheriff Sale on behalf of MPB. A true and correct copy of the October 17, 2012 letter is attached hereto as Exhibit "F." 16. On or about October 19, 2012, HEP filed a Praecipe to Mark Judgment to the Use of Mid Penn Bank in the above-captioned matter, thereby marking the Judgment to the use of MPB. 3 PETITION FOR EXPEDITED HEARING 17. 'The averments set forth in paragraphs 1 through 16 are incorporated herein by reference as if fully set forth at length herein. 18. As of the date of this Petition, the Petition to Open filed by Defendants in the above- captioned matter remains unresolved because the matter was stayed due to Defendant Dusan Bratic's bankruptcy. 19. As the automatic stay has been lifted as to the Property pursuant to the bankruptcy court's April 19, 2012 Order, MPB, the current use-Plaintiff in the above-captioned matter, is requesting that argument on the Petition to Open be scheduled to resolve the Petition to Open so that the Property may be sold at sheriff sale. 20. As the Property is presently scheduled for the December 6, 2012 Dauphin County Sheriff Sale. MPB is requesting that the Court issue an Order, scheduling a hearing on the Petition to Open prior to the December 6, 20l 2 sheriff sale. 21. Pursuant to Cumberland County Local Rule 208.31;a)(9), undersigned counsel avers this matter has previously been assigned to the Honorable Judge Kevin A. Hess. 22. Pursuant to Cumberland County Local Rule 208.3(a)(2), undersigned counsel avers that Defendants do not have a counsel of record in this matter. WHEREFORE, use-Plaintiff Mid Penn Bank respectfully requests that this Honorable Court issue an Order, granting Mid Penn Bank's Petition and scheduling an expedited hearing on 4 the Petition to Open and further awarding all such other relief as this Court deems just and appropriate. Date: November 6, '?012 SERRATELLI, SCHIFFMAN & BROWN P. C. By ;;,~ ~~ ,l ~~--- - Steve . Schiffman, Esquire Jeni;~ Madden, Esquire Pa. ~ Nos. 25488 & 209536 2080 Linglestown Road, Suite 201 Harrisburg, PA 1 7 1 1 0-9670 (717) 540-9170 5 CERTIFICATE OF SERVICE [, Jeni S. Madden, Esquire, du hereby certify that on this 6`" day of November, 2012, I served a copy of the foregoing document by First Class Mail, postage pre-paid, to the following person(s): Dusan & Kathleen M. Bratic, 5609 Pinehurst Way Mechanicsburg, PA 19750 Pro Se Robert E. Chernicoff, Esquire Cunningham &Chernicoff, P.C. 2320 North Second Street Harrisburg, PA 17110 Courtesy Copy ;` Iz Jeni $. adden, Esquire ASSIGNMENT OF MORTGAGE AND OTHER LOAN DOCUMENTS ASSIGNIVII;N'2' OF MORTGAGE AND OTHER LOAN DOCUMENTS KNOW ALL BY THESE P12ESENTS THAT PNC BANK, NATIONAL ASSOCIATION ("Assi or"), the holder of the Mortgage hereinafter mentioned., for and in consideration of the sum of One Dollar ($1.00) lawful money, paid by. HARRISBURG ECONOLODGE PARTNERS, LP, a Pennsylvania limited partnership ("Assignee"), at the time of the execution hereof, and other good and valuable consideration, the receipt of all such consideration being heroby acknowledged, does hereby b ant; bargain, sell, assign, transfer and set over unto Assignee, and its successors and assigns: (i) that certain Mortgage given and executed by Dusan Bratie and Kathleen M. Bratie {"Mortgagor"} in favor of Pennsylvania State Bank dated as of September 9, 2003, and recorded in the Dauphin County Kecorder's Office ("Recorder's Office"), in Book 5235, Page 115 (the "Mortgage"), together with (ii) that certain Assignment of Rents given and executed by the Mortgagor in favor of Pennsylvania State Bank dated as of September 9, 2003, and recorded September 9, 2003 in the Recorder's Office, in Book 5135, Page, 122 (the "Rent Assignment"}, (iii) the Promissory Note executed by Mortgagor and dated September 4, 2003 (collectively, the "Note"}, (ivj the Commercial Guaranty executed by Plaza Management, Tnc, dated as of September 9, 2003 (the "Guaran "), {v) all other agreements, documents, instruments and obligations (including without limitation the "Judgments" and the "Loan Documents" as such terms are defined in that certain Loan Sale Agreement, dated as of February 27, 2022 (the "A~eement"}, by and between Assignee and Assignor) (collectively, the "Obligations"} secured by ar pertaining to the governance and%or enforcement of the Mortgage, :Rent Assignment and/or the Guaranty, (vi) Assignor's right, title and interest in and to the Obligations, (vii) all monies, principal, interest, fees, charges, and other amcunts due and to grow due on each of the foregoing documents, (viii) all title insurance policies issued to Assignor insuring the liens of the Mortgage, and (ix) all other security interests and liens, securing payment of such marries, principal and interest, fees, charges, and other amounts. TOGETHER WITH all rights, remedies and incidents thereunto belonging, and all estate, right, title, interest, property, claim and demand, in and to the same. Ci [AR lU 25""~ 796v3 ~~ , ~ E T ! Case 1:11-bk-06413-RNO Doc 6;?-9 Filed 03/26/12 Entered 03/26/12 15:42:12 Desc `I'O HAVE, HOLD, RECEN:E AND TAKE, all and singular the hereditaments and premises hereby granted and assigned, or mentioned and intended so to ba, with the appurtenances, unto Assignee, and its successors and assigns, to and for .its only proper use, benefit and behoof forever and its successors and assigns therein. Tliis Assignment is made without recourse or representations or warranties oi' any kind, except as otherwise expressly set forth in the Agreement. (the remainder of this page has intentionally been left bunk) CH?.1:1U253796v3 Case 1:11-bk-06413-RNO Doc 62-9 Filed 03/26/12 Entered 03/26/12 15:42:12 Desc IN WITNESS WHEREOF, Assignor has caused these presents to be duly executed as of the 27th ,gay of February, 20 ! 2. A55IGNOR: P1~TC BANK, NATIONAL ASSOCIATION, successor by merger to Pennsylvania State Bank Name: 'T'itle: r'T7~~-+E:. C°~ K ~~AIL The address of the within-named Assigned is: I~IARRISBURG ECONOLODGE PARTNERS, LP 3000 W. Valley Forge Circlo, Suitc 1352 King of Prussia, PA t 9406 On behalf of the Assignee C'. SAR I' i 25379fiv3 Case 1:11-bk-06413-RNO Doc 62-9 Filed 03/26/12 Entered 03/26/12 15:42:12 Desc STATE OF m..t~c~ SS COUNTY OF C~,~~ , On this, the ~ ~~ day of February, 2012, before me, Notary Publi in and for the State and County aforesaid; the undersigned officer, ersonally appeared ,who acknowledged himself/herself to be the ~f PNC BANK, NATIONAL ASS CIA"TION, and that he/she as such, being authorized to do so, executed the foregoing instrument far the purposes therein contained by signing the na of the bank by himself/herself as such officer. ~~~ NOTARY PUBLIC T"~~~ My Commission Expires: i ~. --1(~ .-- i COMMdNW~Irn Of pENNSYtVANSA fVOtarial 5ea4 Patricia Behan, Notary Pubt;c City of Ptttstsur4h~ N;e9henY ~D 2014 M fammirs~on Ex ces De~• 1D, . JTF~ AHSIk ME s€a, n CHAR 1\1253746v3 Case 1:11-bk-06413-RNO Doc 62-9 Filed 03/26/12 Entered 03/26/12 15:42:12 Desc IN WITNESS WHEREOF, Assignor has caused these presents to be duly executed as of the 27th day of February, 2012, ASSIGNOR: PNC BANK, NATIONAL ASSOCIATION, successor by merger to Pennsylvania State Bank Bv: Name: Title: The address of the within-named Assignee is: HARRISBURG ECONOLODGE PARTNERS, LP 3000 W, Valley Forge Circle, Suite 1352 King of Pruss~ia/, PA 19405 ~~ ~-~~~r~~~ '~~'~~ LLB 1;15 i y r ~n behalf of the Assignee CF:P3tltl Z'i3)96v3 1 Y~~ ~~~7~~~~ ~~~~ Case 1:11-bk-06413-RNO Doc 62-9 Filed 03/26/12 Entered 03/26/12 15:42:12 Desc STATF. OF COUNTY OP SS On this, the day of February, 2012, before me, a Notary Public in and for the State and County aforesaid, the undersigned officer, personally appeared ,who acknowledged himseiflherseif to be the of PNC BANK, NATIONAL ASSOCIATION, and that he/she as such, being authorized to do so, executed the foregoing instrument for the purposes therein contained by signing The name of the bank by himself/herself as such officer. NOTARY PUBLIC My Commission Expires: ~FU~.x n~ ~ s~ ~sb~~ Case 1:11-bk-06413-RNO Doc 62-9 Filed 03/26/12 Entered 03/26/12. 15:42:12 Desc ai.~,orrc~; PAY TO THE ORDER OF I3AIZRISBURG ECONOLODGE PARTNERS, LP, a Pennsylvania limited partnership ("Asst ee"), WITHOUT WARRAN'T'Y, REPRESENTATION OR RECOi7RSE OF :~lY KIND, except to the extent expressly set forth in that certain Loan Sale Agreement dated as of 1~ ebruary 27, 2012, by and beriveen Assignee and PNC Bank, National Association: 'l his Allonge is attached to and made a part of that certain promissory note dated September 9, 2003, in the face principal amount of $2,400,000.00, executed by Dusan Bratic and Kathleen M. Bratic, and payable to the order of Pennsylvania State Bank, PNG BANK, NATIONAL ASSOCIATION, successor by merger to Pennsylvania State Bank -7 % ~_' Tay: ~: F-~-~ ~~-~`-'t-~-G ,~ Name, ~/,~/~ /_ ~i-z4,~JJ Title: /,~~ 7°1~~ ~~~f CHARlU253?96v3 Case 1:11-bk-06413-RNO Doc 62-9 Filed 03/26/12 Entered 03/26/12. 15:42:12 Desc UNITED STATES BANKRUPTCY" COURT iFOR THE MIDDLE DISTRICT OF PENNSYLVANIA IN RF: Chapter 11 DUSAN BRATIC, No. 1:11-bk-06413-RNO Debtor MOTION OF HARRISBURG ECONOLODGE PARTNERS, LP FOR RELIEF' FROM THE AUTOMATIC STAY Harrisburg Econolodge Partners, LP, a Pennsylvania limited partnership (``HEP"), requests, pursuant to Section 362(4) of Title 11 of the United States Code (the "Bankruptcy Code"), that the Court enter an order, in the form attached hereto, granting HEP relief from the automatic stay of Section 362(a) of the Bankruptcy Code so that it may proceed to seek and enforce its rights and remedies with respect to certain commercial real estate cohlateral owned by the Debtor. In support, HEP respectfully represents as follows: I. JURISDICTION AND STATUTORY BASIS FOR RELIEF 1. Debtor Dusan Bratic ("Debtor") commenced this case under Chapter 11 of the Bankruptcy Code on September ] 9, 201 1 (the "Petition Date") 2. The Court has jurisdiction over this matter pursuant to 28 L!.S.C. ~ l 334; and this is a core proceeding under 28 U.'S.C. § 157(b)(2)(G). 3. HEP requests relief from the automatic stay pursuant to Sections 362(4)(1) and 362(4)(2) of the Bankruptcy Code. II. FACTUAL BACKGROUND A. HEP's Secured Claim 4. HEP is the successor by assignment: to all right, title and interest in and to the 0 2(~i30 Case 1:11-bk-06413-RNO Doc E•2 Filed 03/26012 Entered 03/26/12 15:42:12 Desc loan, indebtedness, assignments and liens with respect to Debtor's commercial real propert PLAIN ' ' 1 ~ E tT 12 S L 1 1 1=1247 ~h° 1000000.00000 ;' located at I ~0 Nationwide Drive, Harrisburg, Pemisylvania 17110, in Susquehanna Township, Dauphin County, on which he operates an Econolodge hotel (the "Property") Prior to the Petition Date, Pennsylvania State Bank made a business loan to Debtor and his wife in the principal amount of $2,400,000.00 (the "Loan"). True and correct copies of the Business Loan .Agreement, and the Promissory Note, each executed by Debtor and his ~~ife, each dated as of September 9, 2003, which evidence the t,oan and the payment and ether teens associated with the Loan, are attached hereto, respectively, as Exllibit__~ and Exhibit B and are incorporated herein by reference. 6. To secure payment of the obligations evidenced by the Promissory Note and the Business Loan Agreement, Debtor and his wife executed (i) a Mortgage, dated as of September 9, 2003, on the Property, (ii) an Assignment of Rents, dated as of September 9, 2003, and (iii) a Commercial Security Agreement, dated as of September 9, 2003. ~ '-Che Mortgage and the Assigmnent of Rents each was duly recorded with the Recorder of Deeds for Dauphin County, Pennsylvania on, September 9, 2003, at respectively, Record Book S 135, Page 115 and Record Book 5l 35, Page 122. True and correct copies of the duly recorded Mortgage, the duly recorded Assignment of Rents, and the Commercial Security Agreement, are attached hereto as, respectively, Exhibit C, Exhibit D and Exhibit E, and are incorporated herein by reterence. in general, and without limitation to or waiver of the express provisions of the relevant instruments, the Mortgage grants a lien against the real property component oi`the Property, the Commercial Security Agreement grants liens in and to all personal property relatir-g to the Property, and the Assignment of Rents grants liens in and to all Rents generated b_v the business operations in connection with the Property (as the term Rents is defined in t:he Assignment of R.ents). 03,26%1.012 SLl 1142479x1 OOOOOO.U0000 2 Case 1:11-bk-06413-RNO Doc 62 Filed 03/26112 Entered 03/26/12 15:42:12 Desc ?. The liens and security interests granted by Debtor and his wife pursuant to the Mortgage. Assigmnent of Rents, and Commercial Security Agreement have been perfected by the tiling ofproper and valid instruments with the proper offices, including Uniform Commercial Code financing and continuation statements, true and con-ect copies of which are attached as Exhibit F and incorporated herein by reference. S. Subsequent to September 9, 2003, PNC Bank, National Associ~ lion. succeeded by assignment to all right, title and interest in and to the Loan, the Business Loan Agreement, the Mortgage, the Assignment of Rents, the Commercial Security Agreement, and all matters ancillary and/or incidental. thereto. 9. On September 15, 2011, PNC commenced an action in mortgage foreclosure against Debtor and his wife to foreclose on the lien pursuant to the Mortgage against the Property (the "Foreclosure Action"). A true and correct copy of the Complaint filed by PNC in the Foreclosure Action is attached as Exhibit G and is incorporated herein by reference. The Foreclosure Action was stayed by Debtor's commencement of this case, but remains pending. 10. As of September 1, 2011, as set forth in the Complaint in the Foreclosure Action, the outstanding amount of the debt secured by the Mortgage was ~ 1,593.559.9. eYClusive of interest, fees and costs accruing after September 1, 201 1 (the "Debt'). interest accrues in connection with the Debt at the daily rate of $206.3824, or approximately 56191 per month. 11. As of the Petition Date, the Debt had been accelerated due to Debtor's default in respect of his obligations; but, as of such time, at least 4 contract installments had not been made in connection with the Debt. 03!2612012 SLI 1142479~,~1 000000.(10000 3 Case 1:11-bk-06413-RNO Doc 62 Filed 03/26/12 Entered 03/26/12 15:42:12 Desc 12. On or about February 27, 2012, HEP acquired from PNC all right. title and interest in and to the Loan, the Business Loan Agreement, the Promissory Note., the Mortgage, the Assigmnent of Rents, the Commercial Security Agreement, and all matters ancillary thereto (the "Assignment'), pursuant to the Loan Sale Agreement, dated as of February ?7, '(?12, as evidenced by the Assignment of Mortgage and Other ]Loan Documents, executed by PNC in favor of HEP, and dated as of February 27, 2012. A true and correct copy of the Assignment of Mortgage and Other Loan Documents is attached as Exhibit H and is incorporated herein by reference. 13. HEP has filed a claim in this bankruptcy case evidencing its claim in the approximate amount of $1,597,481.24 as of the Petition Date, exclusive of default interest, other accruing interest after the Petition Date, and fees and costs, secured by valid and perfected liens in and to the Property pursuant to the: Mortgage, Assignment of Rents and the Commercial Securih~ Agreement. Other than liens asserted by taxing authorities, which pursuant to state law may take priority over prior perfected liens (but which HEP does not concede;l, HEP~s liens against and in connection with the Property are first priority liens against the Property. A true and can~~ect copy of HEP's Proof of Claim (without its exhibits) is attached hereto as Exhibit I and is incorporated herein by reference. B. The Priority and Amount of Liens Against the Property 14. In his Schedules A, and D, Debtor alleged the value of the Property. as of the Petition Date, as $4,500,000. HEP submits that such valuation is wildly overstated and reserves the right to offer appraisal testimony at any hearing in connection with this motion with respect to the real value of the Property. o~~zc~2o~a sti i ~=~za~t~~,~ oooooo.ooooo 4 Case 1:11-bk-06413-RNO Doc 62 Filed 03/26/12 Entered 03/26/12 15:42:12 Desc 15. In addition to the liens of HEP that secure the Debt, HEP s~.ibmits, on information and belief, the Property :is encumbered by: (a;+ local taxing authority liens in the approximate amount. of `6 l 15,000; (b;~ a mortgage lien in favor of Mid Penn Bank in the approxi~7iatc amount of $700,000 (which is junior to HEP's Mortgage lien); (c j a mortgage lien in favor of lntegrity Bank in the approximate amount of 4250,000 (which is junior to HEP's Mortgage lien); (d`~ judgment liens in favor of Metro Bank in the aggregate approximate amowlt of $2,425,000. 16. On a combined basis, the aggregate amount of the Debt owed by Debtor to HEP which is secured by HEP's liens against the Property, plus all the other hens against the Property, exceeds the aggregate value of the Property. C. The Status of Debtor"s Bankruptcy 17. Debtor commenced this bankruptcy case over 6 months ago - on September 19, 2i)I1. l 8. In his schedules A and D, Debtor references a multitude of commercial real estate properties in addition to the Property in which he has an interest and several entities that have claims secured by liens in such other real properties. 19. HEP submits that Debtor's monthly operating reports filed to date demonstrate an inability of the Debtor to service the Debt, let alone to service the obligations reflected in his Schedules in connection with his multitude of commercial real est~.lte properties. _5 03x26!2012 SLl I 1=12479v1 OOOOOO.00000 Case 1:11-bk-06413-RNO Doc 62 Filed 03/26/12 Entered 03/26/12 15:42:12 Desc 20. Debtor has not filed a plan of reorganization; and, Debtor d id clot ti~~ithin his exclusive period to file a plan under section 1 121 of the Bankruptcy Code move to ex.tcnd such period. Accordingly, Debtor no longer has the exclusive right to file a plan in this case. 21. ~"ith respect to the Property, HEP assumes that Debtor has been collecting rents generated by the Property. HE]' confesses that Debtor's monthly operating reports and a reviet~~ of the Court's docket sheds little, if any, light on Debtor's use of such rents generated by the Property. Moreover, Debtor has not either sought approval from the Court to use such rents, which are HEP"s cash collateral, nor did he offer PNC, prior to the Assignment, or HEP, after the Assignment, adequate protection for Debtor's use of such cash collateral. 22. HEP does not consent to Debtor's use of its cash collateral; and HEP is unaware that PNC e~~er consented to Debtor"s use of cash collateral in respect of the Property prior to the ~~ssignment. III. RELIEF REQUESTED 23. 11 U.S.C. ~362(d) of the Bankruptcy Code authorizes a bankruptcy court to grant relief from the automatic stay, (1) for cause, including the lack of adequate protection of an interest in property of such party in interest; (2) with respect to a stay of an act against property under [Section 362 (a)], if- (A.) the debtor does not have equity in such property; and (B) such property is not essential to an effective reorganization....... 24. HEP respectfully submits that both of these criteria have been met. o~i?b~zoiz su i i~z~~~~~i nooooo 00000 6 Case 1:11-bk-06413-RNO Doc 62 Filed 03/26/12 Entered 03/26/12 15:42:12 Desc Debtor Lacks Equity in the Property and the Property is Not Necessary for Debtor's Reorganization 25. HEP is entitled to relief from the automatic stay pursuant to Sectio-~i 362(d)(2) of the Bankruptcy Code because Debtor has no equity in the Property and the Property is not necessary for an effective reorganization of the Debtor. 26. Review of Debtor's schedules even assuming Debtor's valuation of the Property is correct (or even close -but it is not), shows that Debtor has no equity in the Property as the aggregate of the liens against the Property are more than the asserted, or any realistic, value of the Property. See Ifz re Indian Palms Associates, I td., 61 F. 3d 197 (3d Cir. 1995). 27. Moreover, HEP submits that the value Debtor attributes to the Property in his schedules is wildly overstated and that a realistic valuation will reveal there is insufficient value in the Property to cover the mortgage lien claims of HEP, Mid Penn Bank and Integrity Bank. 28. In addition, the Property is not necessary for Debtor's reorganization. Based on Dehtor's monthly operating reports it does not appear that the Property generates positive cash flow which might contribute to Debtor's reorganization. Also, Debtor has demonstrated by his non-action over the 6+ months of this case that there is no reorganization that is in prospect in this case. See United States Savings Ass 'n of Texas v. 'l'imbers oflnwood For°r.~sl.lsscoiates, Ltd., 484 L. S. 36_S (1988) (in which the Supreme Court held that to prevent rf;hef from stay it must be shown there must be a reasonable possibility of a successful reorganization within a reasonable time). Cause Exists to Grant Relief From Stay 29. HEP also is entitled to relief from the stay "for cause" purs-.-ant to Section 3C~2(d)(1) of the Bankruptcy Code . '`Cause" has no clear definition ar-d i~ determined o~~?~~~.~0~2 s~~ ~ i4z~~~~,~ i oooorx-.ooooo 7 Case 1:11-bk-06413-RNO Doc 62 Filed 03/26!12 Entered 03/26/1?_ 1542:12 Desc on a case by case basis. See In re L c~ S Gs°ain Co., 47 F.3d 233, 238 (7th Cir. 1995) (citation omitted) (wherein the court "In determining whether cause exists, the bankruptcy court should base its decision on the hardships imposed on the parties with an e_ye towards the overall goals of the Bankruptcy Code" in finding that a modification of the stay was "for the benefit of all involved'-). Sce also, In re Laguna flssociates L. P., 30 F.d 734, 737 (6th ~'ir. 1994): Irr re Tucso~~. 91 ? F.2d 1162, 1166 (9th Cir. 1990); Lz re Indian River Estates, Inc.. 29 ~ B.R, 429, 433 (Bankr.N.D.Ohio 2003). 30. Cause is an elastic: concept. "[I]f the relief from stay is requested at the early stages of the bankruptcy case, the burden upon the debtor is less stringent. But, if relief~from stay is requested later in the case, the debtor's showing is closely scrutinized."' In re Halh-°s Inc., 140 B.R. 643, 700 (Bankr.W.D.Mich.1992) (citing United Savings Association of Texas ~~. limbers of h~.lti~ond Forest Associates, Ltd., 484 U.S. 365, 376, l 08 S.Ct. 626, 98 L.Ed.2d 740 d 1988)). 31. This case is not in its earliest stages,. Debtor has had ample time to take action, including proposing a plan of reorganization, but has not done so. 32. Debtor's monthly operating reports show that the cash flow generated by his commercial properties is insufficient to service the obligations evidenced by the Note and Mortgage. Moreover, this case is now over 6 months old, and Debtor has not proposed a plan of reorganization and has lost the exclusive right to file a plan in this case. 33. HEP"s interests in the Property are not being, and cannot be, adequately protected. A lack of adequate protection is cause for relief from stay. In addition, based on the status of this case, cause exists to ten~ninate the stay to allow HEP to exercise its rights and remedies against the Property. 03!2612012 SL I 11424?~~~ 1000000.00000 8 Case 1:11-bk-06413-RNO Doc 62 Filed 03/26/12 Entered 03/26/12 15:42:12 Desc WHEREFORE, HEP requests this Court enter an Order pursuant to Section 362(d) of the Bankruptcy Cod granting relief from the automatic stay with respect to the Property to allow HEP, its successors or assigns to (a} convnence and/or continue with any legal action necessary to cause the Property to be exposed to Sheriff's sale in accordance with HEP's right under the Mortgage, the Judgment and applicable non-bankruptcy law and (b) take any other action., if necessary, under non--bankruptcy law to obtain possession of the Property after any judicial or non-judicial sale of the Property. HEP further prays for such other and further relief as is just and proper. Dated: March 26, 2012 STEVENS & LEE, P. C. o~~u~%~oiz sri i ta2a~~~~ i oooooaooooo By: ls/ Joohn D. Demme _ John D. Demmy PA Attorney LD. No. 48152 620 Freedom Business Center, Suite 200 King of Prussia, PA 19406 Tel: (610) 478-2000 Fax: (610) 371-8515 Email: jdd@stevenslee.com Attorneys for Harrisburg Econolodge Partners, LP 9 Case 1:11-bk-06413-RNO Doc 62 Filed 03/26/12 Entered 03/26/12 15:42:12 Desc UNITED STATES BANKRUPTCY COURT FOR. THE MIDDLE DISTRICT OF PENNSYLVANLA IN R F : Chapter I I DL'SAN BRATIC, No. 1:1 1-bk-06413-RNO Debtor ORDER GRANTING MOTION OF HARRISBURG ECONOLODGE PARTNERS, LP FOR RELIEF FROM THE AUTOMATIC STAY AND NOW, upon consideration of the Motion (the "Motion"), of Harrisburg Econolodge Partners, LP ("HEP"), for rebel'from the automatic stay. and a.ny responses thereto, and after notice and an opportunity to be heard, and upon finding that the relief requested in the Motion is just and proper, IT IS ORDERED that the Motion is granted and the automatic stay of Section 3Ei2 of Title 1 I 1 of the United States Code is hereby terminated with respect to the real property and improvements located thereon at 150 Nationwide Drive, Harrisburg, Pennsylvania 17110, in Susquehanna Township, Dauphin County. on which debtor operates an Econolodge hotel (the "Property") to permit HEP, its successors and assig~is, to (i) continue prosecution of the pending action to foreclose or7 the Mortgage dated as of September 9, 2003, against the Property, (ii) to commence, to the extent required by applicable law, if any, an action to foreclose ou the Mortgage dated as of September 9, 2003., against the Property, (iii) to take any and all actions necessary under applicable non- bankruptcy law to cause the Property t to be exposed to, and sold at, a Sheraff s sale. (iv) to exercise any and all remedies available to HEP under non-bankruptcy law in connection with the Mortgage dated as of September 9, 2003, against the Property, the Assignment ofi Rents dated as of September 9, 200 ~, and the Commercial Security Agreement, dated as of September 9, 2003, with respect to the Property, (v) to obtain possession of the Property after any judicial or non- e..... PLA f S ~ E31T 03!?bi?OI2 SI 111'}2479v1 000000.00000 (~ Case 1:11-bk-06413-RNO Doc 82 Filed 04/19/12 Entered 04/20/12 09:28:0 esc judicial sale of the Property, and (vi) to the extent necessary, if any, to pursue and exercise any and allrights and remedies available to HEP under applicable non-bankruptcy ]aw with respect to the Property and any and all rents, incomes, or proceeds generated by or related to the P'ropert.y. I3y the ~`©urt, ~ U. {~.,,,,~ ~s' Dated: April 19, 2012 R~~rz ~~ Opel, ~' Bankn~ptcy Juc9~e +«<;~ 03'2(:2012 SLI 1142479v1 000000.00000 Case 1:11-bk-06413-RNO Doc 82 Filed 04/19/12 Entered 04/20/12 09:28:07 Desc r~r ~• del r ~~~~~ t /C~ A55~~ r1 - ~3.0~ E''vC 13 AN K, NATIONAL ASSOCIA"ETON, to the use of Harri~~sburg F,conolodge Partners, LP, Plaintiff, V. ; DUSA1~ QRATIC and KATHLEEN M. 13RAT[C, Defendants. COURT OF COMMOtti PL ~ ~ S DAUPHIN COUNTY CIVIL, ACTION c~ .,~ ~ ~ 7~ ~ ~ J-_ ~ ;,,.~~ } ~~ h~,• ~ GJ _{lf.,~ ~ NO.: 2011-CV- 7010-NT ''-~ '`' ~ ~-, ~' -' C"_` Lr~ s~ j ~- d, To the Prothonotary: PRAECIPE FOR WRIT OF EXECUTION UPON A CONFESSED JUDGMENT TO THE PROTHONOTARY: Issue the Writ of Execution upon a judgment entered by confession in the ~~bove matter: (1 } Directed to the Sheriff of Dauphin County (2) Against the Defendant(s) in the above-captioned matter: Dusan Bratic and Kathleen M. Bratic (3) And index this Writ against the Defen.dant(s) as follows: Levu on real estate at: 150 Nationwide Drive, Harrisburg, PA 17110 (4) Against the Garnishee(s): _ -.__- (5} Amount due $1,581,796.1.7 Interest from 7/6/11 @$210.3690 per diem $ [Costs to be added] $ Additional interest, attorney fees and costs may continue to accrue from and aCler 7i(~! 1 I. PfitL l :214118-i IM'ilvl="S 1$1T --, Dated: ~~~ °'~"_, 2012 Notc: Please furnish description of Property. KLEHR HARRISON HA R V L Y BRAN B 1 LLP Jeffs y Kurtzman, Esquire Scott P. Shectman, Esquire I X35 Market Street, Suite~~ 1400 Philadelphia, PA 19103 Tel: (? 15) 569-2700 Attoryaeys fa~ Plaiaztiff~ i~i1u,~ 223~:i~s-, UPON RECORDATION RETURN TO: Jen: S. Madden, Esquire 2080 Linglestown Road, Suite 201. Harrisburg, PA 17110 PROPERTY ADL3RESS: 150 Nationwide Drive, Harrisburg, Susquehanna Township, Dauphin County, Pennsylvania, 17110 Tas~; Parcel No.: 52-023-071-040-0000 ASSIGNMENT OF MORTGAGE AND OTHER LOA. N nOCUMENTS KNOW ALL BY 'THESE PRESENTS THAT HARKISBURG ECONOLODGE PARTNERS, LP ("Assignor"'), the holder of the Mortgage hereinafter mentioned, which was assigned to Assignor by Assignment of Mortgage between PNC Bank, National Association and Assignor, dated February 27, 2012 and recorded in the Dauphin County Recorder of Deeds on March 27, 2012 as Instrument Number 20120001;337, for and in consideration. of the sum of One Dollar 01.00) lawful money, paid by M1D PENN BANK ("Assignee"}, at the time of the execution hereof, and other good and valuable consideration, the receipt of all such consideration being hereby acknowledged, does hereby grant, bargain, sell., assign, transfer and set over unto Assignee, and its successors and assigns: (i) that certain Mortgage given and executed by Dusan Bratic and Kathleen M. Bratic ("Mort~a~or"} in favor of Pennsylvania State Banlc dated as of September 9, :?fl03, and recorded in the Dauphin County Recorder's Office (`-Recorder's Office"), in Book 5135, Page 1 l5 (the "1V~, rt~aue"}, together with (ii} that certain Assignment of Rents given and executed by the Mortgagor in favor of Pennsylvania State Bank dated as of~ September 9, 2003, and recorded September 9, 2003 in the Recorder's Office, in Book S 13 S, Page 122 (the "Rent Assi tgn ~n.ent"), (iii} the Promissory Note executed by iVlortgagor and dated September 9, 2003 (collectively, the "Note"}, {iv} the Commercial Guaranty executed by Plaza Management, Inc. dated as of September 9, 2003 (the "Guaranty"), (v;r all other agreements, documents, instruments and obligations (including without limitation tl~e "Judgments" and the "Loan Documents" as such terms are defined in i.hat certain. Loan Sale Agreement, dated as of t~ctober ~ 2012 (the "~reement"), by and .between Assignee end Assignor) {collectively, the "Obli ations") secured by or pertaining to the governance and/or enforcement of the Mortgage, Rent Assignment and/or the Guaranty, (vi) Assignor's right, title and interest in and to the Obligations, (viij all monies, principal, interest, fees, charges, and other amounts due and to grow due on each of the foregoing documents, (viii} all title insurance policies issued t:o Assignor insuring the liens of tl~e Mortgage, and (ix} all other security interests and liens, securing payment of such :ponies, principal and interest, fees, charges, and a PlA1t~tTl '5 ~ ~ other amounts. TOGETHER WITH all rights, remedies and incidents thereunto belonging, and all estate, right, title, interest, property, claim and demand, in and to the same. 'TO HAVE, HOLD, RECEIVE AND TAKE, all and singular the hereditaments and premises hereby granted and assigned, or mentioned and intended so to be, with the appurtenances, unto Assignee, anti its successors and assigns, to and for its only proper use, benefit and behoof forever and its successors and assigns therein. This Assignment is made without recourse or representations or warranties of any kind, except as otherwise expressly set forth in the Agreement. (The remainder of this page has been left intentionally biank;l IN WITNESS WHEREOF', Assignor has caused these presents to be duly executed as of the ~ ~ day of October, 201.2. ASSIGNOR: HARRISBURG ECONOLODGE PARTNERS, LP By: Fireside Hospitalit/,~LLC, its general partner y r' (Name} "Title: ~G~-- The address of the within-named Assignee is: MID PENN BANK 5500 Allentown Boulevard Harrisburg, PA 17112 On Behalf of the Assignee STATE OF ~; ~y~r ct___ ss COUNTY OF ~- ~''~~~ On this, the „~~ _ ____ day of G~~a~e+'' ,, 2012, before me, a Notary Public in and for the State and County aforesaid, the undersigned officer, personally appeared Nimesh Shah, who acknowledged himself/herself to be the managing member of Fireside Hospitality, LLC, the general partner of HARRISBURG ECONOLODGE PARTNERS, LP, and that he/she as such, being authorized to do so, executed the foregoing instrument for the purposes therein contained by signing the name of the bank by himself/herself as such officer, ~. )' ARY PUBLIC IVIy Commission Expires ~.. NOTARIAL REAL tORI M Y~E7ILER Nobry > CC~ON3Ii0II0CKE1t dORO., MIOIITAOI~IttlM CN'FY My Co~slon Expkn Jwi t, 2016 >~ IN WITNESS WHEREOF, Assignor has caused these presents to be duly executed as of the ~~ day of October, 201:>. ASSIGNOR: HARRISBURG ECONOLODGE PARTNERS, LP By: Fireside Hospitality, LLC, its general partner BY~ ____._ -- __-_- (Name) Title: The address of the within-named Assignee is: MID PENN BANK 55UU Allentown Boulevard Harrisburg, PA 17112 t"; r ~'! On alf t~ ' lYe A~ si,gnec STATE OF ss COL'~NTY OF On this, the ~~____ day of ..___ , 2012, before me, a Notary Public in and for the State and County aforesaid, the undersigned officer, personally appeared Nimesh Shah, who acknowledged himself/herself to be the managing member of Fireside Hospitality, LLC, the general partner of HARRTSSURG ECONOL~DGE PAR.TN~RS, LP, and that he/she as such, being authorized to do so, executed the foregoing instrument for the purposes therein contained by signing the name of the bank by himself/herself as such officer. NOTARY PUBLIC My Commission Expires James M. Zugay, Esq. Recorder of Deeds (717)780-6560 Candace E. Meck First Deputy Recorder of Deeds Harrisburg, Penns-lvania CERTIFIED END PAGE Location: Dauphin County Courthouse Room 102 Front & Market Streets Harrisburg, PA 1710; INSTRUMENT f: 20120031 B19 RECORD DATE: 10/2d/2012 2:30:28 PM RECORDED BY: TMILLER DOG TYPE: ASG MTG AGENT; SERRATELU, SCHIFFMAN, 9ROWN S CALHOON, PG DIRECT NAME: HARRISBURG ECONOLODGE PARTNERS, LP lNDiRECT NAME: RECORDING FEES -State: SO.50 RECORDING FEES -County: S4 3.00 ACT $ OF 1998: =5.00 TOTAL NAMES: f0.S0 AOPC: !23.50 UPICounL 1 UPIFee: 10 UPll~st: 52-023-071-WO-0000 I Certify This Document To Bc Recorded In Dauphin County, Pennsylvania, ~ `~ )antes M. Zu =a Retarder o '!) ed~• bY, ,f e THIS IS A CERTIFICATION PAGE PLEASE DO NOT DETACH THIS PAGE 1S NOW PART OF TH[S LEGAL DOCUMENT • F .~ ~~~ SERRATELLI SCHIFFMAN & BROWN P.~. October 17, 2012: Via Nand Delivery pffice of the Sheriff ,IEIt'I S. MADDEN Dauphin County Courthouse gel n7 b3.5.2920 101 Market Street Harrisburg, PA 17101 ,Fax][p.6~g.sg~o jmadden~assac->iaw.co7~[ RE: PNC BANK, NATIONAL ASSpCIATION, TO THE USE OF HARRISBURG ECUNOLODGE PARTNERS, LP, TO THE USE OF M!D PENN BANK V. ------ -- - - - -- DUSAN BRATIC AND KATHLEEN M. BRATIC DOCKET No. 2011-CV-7090-NT 20~U LCTGLES7'Ot4N [iD.:>'C;; 2U7. [[AI[R[SEII.RG, ~~n 77tio-g67o Dear SirlMadarr~: te17~ry.54o.g'i~o ~Qx ~~;.~;.~~.,~~~ Please be advised that this firm represents Mid Penn Bank with regard to W-eva~.ssAC-,.~w.t.oM the above-referenced matter. Enclgsed herewith is a time-stamped dopy of a Praecipe to Mark Judgment and 'Enter Appearance, marking PNC r~anfc's judgment ~n this matter; which was previously marked t~ the use of "Harrisburg l=conaladge PaRners, LP, to the use of Mid Penn Bank: and entering the appe.ar~nce of undersignet4 counsel. This letter selves as Mid Penn Bank's rEquest tihat the si~eriff sale of the property known as 1~0 Nationwide Drlve, H~irtisb~.lrg, Penrrsyivania, 1711E7 currentiy fistad for the ©ctober 1'8, 2CJ12 sheriff sale be carxtirt~ee! to the December 6; .2~'1~ confii,nuaitian sate; Please contact me with any questions or concerns. Sincerely, SERRATELLI, SCHIFFMAN & BROWN, P.C. ~1 F ,1 ' S. Madden, Esquire JSM/ Enclosures cc: Amy Custer (w/o enclosures) Stuart Kurtz, Esquire (wlo enclosures) ~'{ ' ~~ i ,~ x;~ :~~~----- _ _ __ __ .~' ,~ PNC BANK, NATIONAL IN THE COURT OF COMMON PLEAS OF ASSOCIATION, TO THE USE OF :CUMBERLAND COUNTY, PENNSYLVANIA HARRISBt1RG ECONOLODGE PARTNERS, LP, TO THE USE OF MID PENN BANK, Plaintiff v. No.: 2011-5509 CIVIL DUSAN BRATIC and KATHLEEN M. :PREVIOUSLY ASSIGNED TO: BRATIC, :JUDGE KEVIN A. HESS Defendants ORDER AND NOW, this ,3~ day of ~~~p~/ , 2012, upon consideration of Mid Penn Bank's Emergency Petition for Expedited Hearing, it is hereby ORDERED that Mid Penn Bank's Petition is GRANTED. A hearing on Defendant's Petition to Open Judgment is scheduled in this matter on ~,~~' the~~day of , 2012, at !U~ ~ o'clock ~t m. in Courtroom #~ of the Cumberland County Courthouse. BY THE COURT: c~ ~ ,--. =r, _a.~ rnm ~ m~: - ~ ~ r .c v ~ ~~ u~ r'~ W 2~ ~ c7 3 =.. yy n4 ~ ~~ ~5 ~ . _..g ~ y.} ^-a --~ .. Distribution List /Steven J. Schiffman, Serratelli, Schiffman & Brown, PC, 2080 Linglestown Road, Suite 201 Harrisburg, PA 17110, counsel for Mid Penn Bank ,/ Dusan & Kathleen M. Bratic, 5609 Pinehurst Way, Mechanicsburg, PA 19750 c '~'1 _ i _ _ P i "_. Steven J. Schiffinan, Esq. Jeni S. Madden, Esq. PA ID Nos. 25488 & 209536 SERRATELLI, SCHIFFMAN, & BROWN, P.C. 2080 Linglestown Road, Suite 201 Harrisburg, PA 1 7 1 1 0-9670 (717) 540-9170 sschi ffinanna,ssbc-law. com jmadden(a~ssbc-law. com 712 ~0~ 29 ~ ~~ 2~ ~1Si~~E:Rt-~~3G C~ll~i~=s ~': ~~~~SY~~~~~ ~`~ PNC BANK, NATIONAL ASSOCIATION, TO THE USE OF HARRISBURG ECONOLODGE PARTNERS, LP, TO THE USE OF MID PENN BANK, Plaintiff v. DUSAN BRATIC and KATHLEEN M. BRATIC, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No.: 2011-5509 CIVIL PREVIOUSLY ASSIGNED TO: JUDGE KEVIN A. HESS STIPULATION TO WITHDRAW PETITION TO OPEN JUDGMENT AND TO FINALIZE JUDGMENT AND NOW comes use-Plaintiff Mid Penn Bank, by and through its attorney, Jeni S. Madden, Esquire, and Defendants, Dusan Bratic and Kathleen M. Bratic, by and through their attorney, Robert E. Chernicoff, Esquire, who stipulate as follows: 1. On or about July 8, 2011 PNC Bank, National Association ("PNC") filed confessed judgment in the amount of $1,581,796.17, plus continuing interest, costs and fees from July 6, 2011 ("the Judgment") against Defendants Dusan Bratic and Kathleen M. Bratic (collectively "Defendants") in the above-captioned matter. 2. On or about August 4, 2011, Defendants filed a Petition to Open Judgment and Request for Stay of Proceedings (the "Petition to Open"). 3. On August 16, 2011, this Honorable Court issued a Rule to Show Cause that, inter alia, stayed execution on the Judgment and required PNC to file an Answer to the Petition to .. , Open within Twenty (20) days. 4. On or about August 31, 2011, PNC filed its Answer to the Petition to Open. 5. On or about October 17, 2012, use-Plaintiff Mid Penn Bank ("Plaintiff') was assigned all of the right, title and interest in the Loan Documents associated with the Judgment via a Loan Sale Agreement and Assignment of Loan Documents. 6. On or about November 6, 2012, Plaintiff filed an Emergency Petition for Expedited Hearing, requesting that the Court schedule argument on Defendants' unresolved Petition to Open. 7. On November 13, 2012, this Honorable Court issued an Order, scheduling argument for the Petition to Open to beheld on November 29, 2012. 8. The Parties now hereby agree that the Petition to Open is withdrawn and the Judgment maybe marked final and the stay lifted. IN WITNESS WHEREOF, and intending to be bound thereby, the parties hereto enter into this Stipulation. tconer< r,. ~nern rr e I.D. No.: 23380 CUNNINGHAM & CHERNICOFF, P.C. 2320 N. 2nd Street, P.O. Box 60457 Harrisburg, PA 17106 (717) 238-6570 Attorney for Defendants Dated: / w/~~ Respectfully submitted, ~. .~ ~~ even J. chiffinan, Esquire eni S. Madden, Esquire I.D Nos.: 25488 & 209536 SERRATELLI, SCHIFFMAN, & BROWN, P.C. 2080 Linglestown Road, Ste 201 Harrisburg, PA 17110 (717) 540-9170 Attorneys for Plaintiff Dated: / 1 " Z ~ ~ `2 Respectfully submitted, Steven J. Schiffman, Esq. Jeni S. Madden, Esq. PA ID Nos. 25488 & 209536 SERRATELLI, SCHIFFMAN, & BROWN, P.C. 2080 Linglestown Road, Suite 201 Harrisburg, PA 17110-9670 (717) 540-9170 sschiffman@ssbc-law.com j madden@ssbc-law. corn OF 'HE E P F 0T H O N O 1 2014.AUG 1 1 PM 1:17 7 CUMBERLAND COUNTY PENNSYLVANIA PNC BANK, NATIONAL ASSOCIATION, TO THE USE OF HARRISBURG ECONOLODGE PARTNERS, LP, TO THE USE OF MID PENN BANK, Plaintiff v. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : No.: 2011-5509 CIVIL DUSAN BRATIC and KATHLEEN M. : PREVIOUSLY ASSIGNED TO: BRATIC, Defendants : JUDGE KEVIN A. HESS PRAECIPE TO SATISFY JUDGMENT TO THE PROTHONOTARY: Upon receipt of this Praecipe, kindly mark the judgment entered and docketed July 8, 2011 against Defendants in the above -captioned matter as satisfied. Respectfully submitted, SERRATELL!, SCHIFFMAN & BROWN, P.C. Date: / j L `,y By St en J. Sc Esquire Ani S. Madden, Esquire Fla. ID Nos. 25488 & 209536 2080 Linglestown Road, Suite 201 Harrisburg, PA 17110-9670 (717) 540-9170