HomeMy WebLinkAbout11-5809'ROTHONOTA"
Lill JUL 21 PIN 2: 3
CUMBERLAND COUNTY
PENNSYLVANIA
METTE, EVANS & WOODSIDE
Heather Z. Kelly, Esquire
Attorney I.D. No. 86291
3401 North Front Street
P.O. Box 5950
Harrisburg, PA 17110-0950
(717) 232-5000
(717) 236-1816 (fax)
hzkelly(abmette.com
Attorneys for Plaintiff
METRO BANK, f/k/a Commerce
Bank/Harrisburg, N.A.
Plaintiff
V.
DUSAN BRATIC and KATHLEEN M.
BRATIC
Defendants
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
DOCKET NO. V 1
CONFESSION OF JUDGMENT
Pursuant to the authority contained in the Confession of Judgment clause in the Note, a
copy of which is attached to the Complaint filed in this action, I appear for the Defendants and
confess judgment in favor of Plaintiff and against Defendants as follows:
2 * 62 b.1 ) elq
A il)? fp Male
Principal: $125,585.50
Interest through June 22, 2011 $207.85
Late Charges*: $0.00
Attorneys' Commission: $12.579.34
*Continues to accrue until paid.
TOTAL
$138,372.69
Interest at the per diem rate of $14.83, attorney fees and costs of this action continue to
accrue.
Respectfully submitted,
&L-A? eT aA- -
Heather Z. Kelly, Esquire
I.D. No. 86291
Appearing herein for Defendants
Mette, Evans & Woodside
3401 North Front Street
P.O. Box 5950
Harrisburg, PA 17110-0950
Telephone: (717) 232-5000
Date: July 20, 2011
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.'1O?R1-AND COUNTY
??}11?SYLVANtA
METTE, EVANS & WOODSIDE
Heather Z. Kelly, Esquire
Attorney I.D. No. 86291
3401 North Front Street
P.O. Box 5950
Harrisburg, PA 17110-0950
(717) 232-5000
(717) 236-1816 (fax)
hzkellykmette.com
Attorneys for Plaintiff
METRO BANK, f/k/a Commerce
Bank/Harrisburg, N.A.
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
V.
DUSAN BRATIC and KATHLEEN M.
BRATIC
Defendants
: DOCKET NO. I I_ 5 ?616 v) I
COMPLAINT IN CONFESSION OF JUDGMENT
AND NOW, this 20th day of July, 2011, Plaintiff, Metro Bank, f/k/a Commerce
Bank/Harrisburg, N.A. ("Plaintiff'), by its attorneys files the following Complaint in Confession
of Judgment:
1. Plaintiff is a Pennsylvania banking institution with an address at 3801 Paxton
Street, Harrisburg, PA 17111.
2. Defendants are Dusan and Kathleen M. Bratic, husband and wife, adult
individuals with an address of 5609 Pinehurst Way, Mechanicsburg PA 17050.
3. On August 8, 2003, Defendants executed a Promissory Note in the principal
amount of One Hundred Forty Two Thousand and Five Hundred Dollars ($142,500.00) in favor
of Plaintiff. A true and correct copy of the Promissory Note is attached hereto as Exhibit "A"
and referred to as the "Note."
4. Defendants have defaulted under the Note by, among other things, failing to
comply with other terms, obligations, covenants, or conditions in other Loan agreements
between Plaintiff and Defendants, including, but not limited to, failure to make payments when
due.
5. By correspondence dated June 23, 2011, Plaintiff provided written notice of the
defaults under the Note and provided Defendants with fifteen (15) days to cure said defaults. A
true and correct copy of the June 23, 2011 correspondence is attached hereto as Exhibit "B."
6. Defendants have failed to cure such defaults.
7. The Note was executed in connection with a commercial transaction.
Judgment is not being entered by confession against a natural person in
connection with a consumer credit transaction.
9. The Note has not been assigned.
10. Judgment has not been entered on the Note in any jurisdiction.
11. The warrants of attorney appearing in the Note are less than twenty (20) years old.
12. Plaintiff has taken all actions or complied with all conditions precedent in the
filing of this action.
13. The entire remaining indebtedness evidenced by the Note is $138,372.69 and is
computed as follows:
Principal: $125,585.50
Interest through June 22, 2011: $207.85
Late Charges: $0.00
Attorneys' Commission*: $12,579.34
TOTAL $138,372.69
* Only reasonable attorneys fees will be collected by the attorney.
Interest at the per diem rate of $14.83, attorney fees and costs of this action continue to accrue.
WHEREFORE, on the basis of the confession of judgment provision contained in the
Note, Plaintiff demands judgment in its favor and against Defendants in the amount of
$138,372.69, plus all interest which continues to accrue at the rate of $14.83 per day from June
22, 2011 forward, as authorized by Pennsylvania law, together with costs of suit.
Respectfully submitted,
Heather Z. Kelly, Esquire
I.D. No. 86291
Mette, Evans & Woodside
3401 North Front Street
P.O. BOX 5950
Harrisburg, PA 17110-0950
Telephone: (717) 232-5000
Attorneys for Plaintiff
Date: July 20, 2011
VERIFICATION
I, David M. Chajkowski, Asset Recovery Officer at Plaintiff Metro Bank f/k/a
Commerce Bank/Harrisburg, N.A., have read the foregoing Complaint in Confession of
Judgment and verify that the facts set forth therein are true and correct according to the best of
my knowledge, information and belief, and that as an Asset Recovery Officer I am authorized to
execute this Verification on behalf of the Plaintiff.
I understand that any false statement made herein is subject to the penalties of 18
Pa. C.S. §4904, relating to unsworn falsification to authorities.
Dated: 7119111
David M. Chajkowski
Asset Recovery Officer
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PROMISSORY NOTE
References in the shaded area are for Lender's use only and do not limit the applicability of this document to any particular loan or item. I
Any item above containing "***" has been omitted due to text length limitations.
3orrower: Dusan Bratic (SSN: Lender: COMMERCE BANK/HARRISBURG N.A.
Kathleen M. Bratic (SSN: COMMERCIAL MORTGAGE DEPARTMENT
1521 High Meadow Lane 100 SENATE AVENUE
Mechanicsburg, PA 17055 CAMP HILL, PA 17011
(717) 975-5630
Principal Amount: $142,500.00 Date of Note: August 8, 2003
PROMISE TO PAY. Dusan Bratic and Kathleen M. Bratic ("Borrower") jointly and severally promise to pay to COMMERCE
BANK/HARRISBURG N.A. ("Lender"), or order, in lawful money of the United States of America, the principal amount of One Hundred
Forty-two Thousand Five Hundred & 00/100 Dollars ($142,500.00), together with interest on the unpaid principal balance from August 8, 2003,
until paid in full.
PAYMENT. Subject to any payment changes resulting from changes in the Index, Borrower will pay this loan in accordance with the following
payment schedule: 239 monthly consecutive principal and interest payments in the initial amount of $946.25 each, beginning September 8,
2603, with interest calculated on the unpaid principal balances at an interest rate based on the Prime Rate as published in the Money Rate
Section of the Wall Street Journal. If a range of rates Is published, the highest will be used. (currently 4.000"/"), plus a margin of 1.000
percentage points, resulting in an Initial Interest rate of 5.000%; and one principal and interest payment of $946.83 on August 8, 2023, with
interest calculated on the unpaid principal balances at an interest rate based on the Prime Rate as published in the Money Rate Section of the
Wall Street Journal. If a range of rates Is published, the highest will be used. (currently 4.000%), plus a margin of 1.000 percentage points,
resulting in an initial Interest rate of 5.000°/". This estimated final payment Is based on the assumption that all payments will be made exactly
as scheduled and that the Index does not change; the actual final payment will be for all principal and accrued interest not yet paid, together
with any other unpaid amounts under this Note. Unless otherwise agreed or required by applicable law, payments will be applied first to any
accrued unpaid interest; then to principal; then to any unpaid collection costs; and then to any late charges. The annual interest rate for this
Note Is computed on a 3651360 basis; that is, by applying the ratio of the annual Interest rate over a year of 360 days, multiplied by the
outstanding principal balance, multiplied by the actual number of days the principal balance Is outstanding. Borrower will pay Lender at
Lender's address shown above or at such other place as Lender may designate in writing.
VARIABLE INTEREST RATE. The interest rate on this Note is subject to change from time to time based on changes in an independent index which
is the Prime Rate as published in the Money Rate Section of the Wall Street Journal. If a range of rates is published, the highest will be used. (the
"Index"). The Index is not necessarily the lowest rate charged by Lender on its loans. If the Index becomes unavailable during the term of this loan,
Lender may designate a substitute index after notice to Borrower. Lender will tell Borrower the current Index rate upon Borrower's request. The
interest rate change will not occur more often than each day. Borrower understands that Lender may make loans based on other rates as well. The
Index currently is 4.0000/6 per annum. The interest rate or rates to be applied to the unpaid principal balance of this Note will be the rate or
rates set forth herein In the "Payment" section. Notwithstanding any other provision of this Note, after the first payment stream, the interest
rate for each subsequent payment stream will be effective as of the last payment date of the just-ending payment stream. NOTICE: Under no
circumstances will the interest rate on this Note be more than the maximum rate allowed by applicable law. Whenever increases occur in the interest
rate, Lender, at its option, may do one or more of the following: (A) increase Borrower's payments to ensure Borrower's loan will pay off by its original
final maturity date, (B) increase Borrower's payments to cover accruing interest, (C) increase the number of Borrower's payments, and (D) continue
Borrower's payments at the same amount and increase Borrower's final payment.
PREPAYMENT PENALTY. Borrower agrees that all loan fees and other prepaid finance charges are earned fully as of the date of the loan and will not
be subject to refund upon early payment (whether voluntary or as a result of default), except as otherwise required by law. Upon prepayment of this
Note, Lender is entitled to the following prepayment penalty: Prepayment of any amount of the principal sum shall be subject to a penalty
charge of 5% during the first year of amortization and declining 1% per year thereafter to par, applicable only if Borrower refinances. Borrower
may pay additional sums from existing cash flow. Except for the foregoing, Borrower may pay all or a portion of the amount owed earlier than
it is due. Early payments will not, unless agreed to by Lender in writing, relieve Borrower of Borrower's obligation to continue to make payments under
the payment schedule. Rather, early payments will reduce the principal balance due and may result in Borrower's making fewer payments. Borrower
agrees not to send Lender payments marked "paid in full", "without recourse", or similar language. If Borrower sends such a payment, Lender may
accept it without losing any of Lender's rights under this Note, and Borrower will remain obligated to pay any further amount owed to Lender. All
written communications concerning disputed amounts, including any check or other payment instrument that indicates that the payment constitutes
"payment in full" of the amount owed or that is tendered with other conditions or limitations or as full satisfaction of a disputed amount must be mailed
or delivered to: COMMERCE BANWHARRISBURG N.A., COMMERCIAL MORTGAGE DEPARTMENT, 100 SENATE AVENUE, CAMP HILL, PA 17011.
LATE CHARGE. If a payment is 15 days or more late, Borrower will be charged 5.000% of the regularly scheduled payment.
INTEREST AFTER DEFAULT. Upon default, including failure to pay upon final maturity, the total sum due under this Note will bear interest from the
date of acceleration or maturity at the variable interest rate on this Note. The interest rate will not exceed the maximum rate permitted by applicable law.
DEFAULT. Each of the following shall constitute an event of default ("Event of Default") under this Note:
Payment Default. Borrower fails to make any payment when due under this Note.
Other Defaults. Borrower fails to comply with or to perform any other term, obligation, covenant or condition contained in this Note or in any of
the related documents or to comply with or to perform any term, obligation, covenant or condition contained in any other agreement between
Lender and Borrower.
Default in Favor of Third Parties. Borrower or any Grantor defaults under any loan, extension of credit, security agreement, purchase or sales
agreement, or any other agreement, in favor of any other creditor or person that may materially affect any of Borrower's property or Borrower's
ability to repay this Note or perform Borrower's obligations under this Note or any of the related documents.
False Statements. Any warranty, representation or statement made or furnished to Lender by Borrower or on Borrower's behalf under this Note
or the related documents is false or misleading in any material respect, either now or at the time made or furnished or becomes false or misleading
at any time thereafter.
Death or Insolvency. The death of Borrower or the dissolution or termination of Borrower's existence as a going business, the insolvency of
Borrower, the appointment of a receiver for any part of Borrower's property, any assignment for the benefit of creditors, any type of creditor
workout, or the commencement of any proceeding under any bankruptcy or insolvency laws by or against Borrower.
PROMISSORY NOTE
(Continued)
Page 2
Creditor or Forfeiture Proceedings. Commencement of foreclosure or forfeiture proceedings, whether by judicial proceeding, self-help,
repossession or any other method, by any creditor of Borrower or by any governmental agency against any collateral securing the loan. This
includes a garnishment of any of Borrower's accounts, including deposit accounts, with Lender. However, this Event of Default shall not apply if
there is a good faith dispute by Borrower as to the validity or reasonableness of the claim which is the basis of the creditor or forfeiture proceeding
and if Borrower gives Lender written notice of the creditor or forfeiture proceeding and deposits with Lender monies or a surety bond for the
creditor or forfeiture proceeding, in an amount determined by Lender, in its sole discretion, as being an adequate reserve or bond for the dispute.
Events Affecting Guarantor. Any of the preceding events occurs with respect to any guarantor, endorser, surety, or accommodation party of any
of the indebtedness or any guarantor, endorser, surety, or accommodation party dies or becomes incompetent, or revokes or disputes the validity
of, or liability under, any guaranty of the indebtedness evidenced by this Note. In the event of a death, Lender, at its option, may, but shall not be
required to, permit the guarantor's estate to assume unconditionally the obligations arising under the guaranty in a manner satisfactory to Lender,
and, in doing so, cure any Event of Default.
Adverse Change. A material adverse change occurs in Borrower's financial condition, or Lender believes the prospect of payment or
performance of this Note is impaired.
Insecurity. Lender in good faith believes itself insecure.
Cure Provisions. If any default, other than a default in payment or failure to satisfy Lender's requirement in the Insufficient Market Value of
Securities section is curable and if Borrower has not been given a notice of a breach of the same provision of this Note within the preceding twelve
(12) months, it may be cured (and no event of default will have occurred) if Borrower, after receiving written notice from Lender demanding cure of
such default: (1) cures the default within fifteen (15) days; or (2) if the cure requires more than fifteen (15) days, immediately initiates steps which
Lender deems in Lender's sole discretion to be sufficient to cure the default and thereafter continues and completes all reasonable and necessary
steps sufficient to produce compliance as soon as reasonably practical.
LENDER'S RIGHTS. Upon default, Lender may, after giving such notices as required by applicable law, declare the entire unpaid principal balance on
this Note and all accrued unpaid interest immediately due, and then Borrower will pay that amount.
ATTORNEYS' FEES; EXPENSES. Lender may hire or pay someone else to help collect this Note if Borrower does not pay. Borrower will pay Lender
that amount. This includes, subject to any limits under applicable law, Lender's attorneys' fees and Lender's legal expenses, whether or not there is a
lawsuit, including attorneys' fees, expenses for bankruptcy proceedings (including efforts to modify or vacate any automatic stay or injunction), and
appeals. If not prohibited by applicable law, Borrower also will pay any court costs, in addition to all other sums provided by law.
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.
RIGHT OF SETOFF. To the extent permitted by applicable law, Lender reserves a right of setoff in all Borrower's accounts with Lender (whether
checking, savings, or some other account). This includes all accounts Borrower holds jointly with someone else and all accounts Borrower may open in
the future. However, this does not include any IRA or Keogh accounts, or any trust accounts for which setoff would be prohibited by law. Borrower
authorizes Lender, to the extent permitted by applicable law, to charge or setoff all sums owing on the indebtedness against any and all such accounts.
COLLATERAL Borrower acknowledges this Note is secured by First mortgage on 2251 Kohn Road, Harrisburg, PA AND 512 shares of Pennsylvania
Commere Bancorp, Inc. stock.
OPTION TO DECLARE LOAN DUE. Although the repayment of the loan evidenced by this instrument has been designed as if it were to extend for the
term established in the "Payment" section, hereinabove outlined, Borrower understands that Lender expressly reserves the right and option, exercisable
at its discretion, to declare the entire unpaid principal balance under this Promissory Note together with all interest which shall have accrued thereon to
be due and payable on the fifth (5th) anniversary of the date of this Promissory Note and on each succeeding Five(5) year anniversary of that date
during the term hereof, hereinafter referred to as "Loan Call Date". In the event that Lender desires to exercise its option to declare the Loan due, it
shall deliver written notice thereof by regular first class mail to Borrower's last known address 90 days prior to the Loan Call Date. In the event that
Lender desires to exercise its option to declare the Loan due, it shall deliver written notice thereof by hand delivery, nationally recognized overnight
courier or regular first class mail to Borrower's last known address at least 90 days prior to the Loan Call Date. Borrower shall, on or before the Loan
Call Date immediately following such notice, repay the entire principal balance due under the Promissory Note together with all unpaid interest which
shall have accrued thereon as well as any other sums which may then be due under the Promissory Note or any other document constituting a part of
the within loan transaction. Notice provided by first class mail to Borrower's last known address shall be deemed to have been delivered when
deposited in the mail.
POST CLOSING COMPLIANCE. Borrower agrees to execute, re-execute, cause a Guarantor(s) or other third party(ies) involved in the loan transaction
to execute and/or re-execute and to deliver to Lender or its legal counsel, as may be deemed appropriate, any document or instrument signed in
connection with the Loan which was incorrectly drafted and/or signed, as well as any document or instrument which should have been signed at or
prior to the closing of the Loan, but which was not so signed and delivered. Borrower agrees to comply with any written request by Lender within ten
(10) days after receipt by Borrower of such request. Failure to Borrower to so comply shall, at the option of Lender, upon notice to Borrower, constitute
an event of default under the Loan.
COMMITMENT LETTER COMPLIANCE.. This loan is contingent upon Borrower's compliance with all of the terms and conditions in the commitment
letter issued by Lender to Borrower on or about August 8, 2003. Upon breach of any term of condition therein Lender shall have the right to declare
this loan in default and demand payment in full of the principal balance remaining unpaid, together with all interest, which shall have accrued thereon. .
SUCCESSOR INTERESTS. The terms of this Note shall be binding upon Borrower, and upon Borrower's heirs, personal representatives, successors
and assigns, and shall inure to the benefit of Lender and its successors and assigns.
NOTIFY US OF INACCURATE INFORMATION WE REPORT TO CONSUMER REPORTING AGENCIES. Please notify us if we report any inaccurate
information about your account(s) to a consumer reporting agency. Your written notice describing the specific inaccuracy(ies) should be sent to us at
the following address: COMMERCE BANK/HARRISBURG N.A., COMMERCIAL MORTGAGE DEPARTMENT, 100 SENATE AVENUE, CAMP HILL, PA
17011
GENERAL PROVISIONS. Lender may delay or forgo enforcing any of its rights or remedies under this Note without losing them. Each Borrower
understands and agrees that, with or without notice to Borrower, Lender may with respect to any other Borrower (a) make one or more additional
secured or unsecured loans or otherwise extend additional credit; (b) alter, compromise, renew, extend, accelerate, or otherwise change one or more
times the time for payment or other terms of any indebtedness, including increases and decreases of the rate of interest on the indebtedness; (c)
exchange, enforce, waive, subordinate, fail or decide not to perfect, and release any security, with or without the substitution of new collateral; (d)
apply such security and direct the order or manner of sale thereof, including without limitation, any non-judicial sale permitted by the terms of the
controlling security agreements, as Lender in its discretion may determine; (e) release, substitute, agree not to sue, or deal with any one or more of
Borrower's sureties, endorsers, or other guarantors on any terms or in any manner Lender may choose; and (f) determine how, when and what
application of payments and credits shall. lade on any other indebtedness owing by such oth rower. Borrower and any other person who
signs, guarantees or endorses this Note, : extent allowed by law, waive presentment, demt r payment, and notice of dishonor. Upon any
PROMISSORY NOTE
(Continued) Page 3
/ f f f f f f f f f f f f f f/ f/ f f f f f f f f /,i i f f f f f f f f f f f/ f f f f f f f f f i f f i f f f f f f f f f f f f f f i f i f f If f if
change in the terms of this Note, and unless otherwise expressly stated in writing, no party who signs this Note, whether as maker, guarantor,
accommodation maker or endorser, shall be released from liability. All such parties agree that Lender may renew or extend (repeatedly and for any
length of time) this loan or release any party or guarantor or collateral; or impair, fail to realize upon or perfect Lender's security interest in the collateral;
and take any other action deemed necessary by Lender without the consent of or notice to anyone. All such parties also agree that Lender may modify
this loan without the consent of or notice to anyone other than the party with whom the modification is made. The obligations under this Note are joint
and several. If any portion of this Note is for any reason determined to be unenforceable, it will not affect the enforceability of any other provisions of
this 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 OR
ADVANCED BY LENDER RELATING TO ANY COLLATERAL SECURING THIS NOTE, TOGETHER WITH COSTS OF SUIT, AND AN ATTORNEY'S
COMMISSION OF TEN PERCENT (101/6) OF THE UNPAID PRINCIPAL BALANCE AND ACCRUED INTEREST FOR COLLECTION, BUT IN ANY EVENT
NOT LESS THAN FIVE HUNDRED DOLLARS ($500) ON WHICH JUDGMENT OR JUDGMENTS ONE OR MORE EXECUTIONS MAY ISSUE
IMMEDIATELY; AND FOR SO DOING, THIS NOTE OR A COPY OF THIS NOTE VERIFIED BY AFFIDAVIT SHALL BE SUFFICIENT WARRANT. THE
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
CONFESSION OF JUDGMENT AND STATES THAT EITHER A REPRESENTATIVE OF LENDER SPECIFICALLY CALLED THIS CONFESSION OF
JUDGMENT PROVISION TO BORROWER'S ATTENTION OR BORROWER HAS BEEN REPRESENTED BY INDEPENDENT LEGAL COUNSEL.
PRIOR TO SIGNING THIS NOTE, EACH BORROWER READ AND UNDERSTOOD ALL THE PROVISIONS OF THIS NOTE, INCLUDING THE
VARIABLE INTEREST RATE PROVISIONS. EACH BORROWER AGREES TO THE TERMS OF THE NOTE.
BORROWER ACICNOWLEDGES RECEIPT OF A COMPLETED COPY OF THIS PROMISSORY NOTE
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DISCLOSURE FOR CONFESSION OF .,.-DGMENT
References in the shaded area are for Lender's use only and do not limit the applicability of this document to any particular loan or item.
Any item above containing "***" has been omitted due to text length limitations.
Borrower: Dusan Bratic (SSN: Lender: COMMERCE BANKIHARRISBURG N.A.
Kathleen M. Bratic (SSN: COMMERCIAL MORTGAGE DEPARTMENT
1521 High Meadow Lane 100 SENATE AVENUE
Mechanicsburg, PA 17055 CAMP HILL, PA 17011
(717) 975-5630
Affiant: Dusan Bratic (SSN:
1521 High Meadow Lane
Mechanicsburg, PA 17055
DISCLOSURE FOR CONFESSION OF JUDGMENT
I AM EXECUTING, THIS 0 DAY OF .0-3. A PROMISSORY NOTE FOR $142,500.00 OBLIGATING ME
TO REPAY THAT AMOUNT.
A. I UNDERSTAND THAT THE NOTE CONTAINS A CONFESSION OF JUDGMENT PROVISION THAT WOULD PERMIT LENDER TO ENTER
JUDGMENT AGAINST ME IN COURT, AFTER A DEFAULT ON THE NOTE, WITHOUT ADVANCE NOTICE TO ME AND WITHOUT OFFERING ME
AN OPPORTUNITY TO DEFEND AGAINST THE ENTRY OF JUDGMENT. IN EXECUTING THE NOTE, BEING FULLY AWARE OF MY RIGHTS TO
ADVANCE NOTICE AND TO A HEARING TO CONTEST THE VALIDITY OF ANY JUDGMENT OR OTHER CLAIMS THAT LENDER MAY ASSERT
AGAINST ME UNDER THE NOTE, 1 AM KNOWINGLY, INTELLIGENTLY, AND VOLUNTARILY WAIVING THESE RIGHTS, INCLUDING ANY RIGHT
TO ADVANCE NOTICE OF THE ENTRY OF JUDGMENT, AND I EXPRESSLY AGREE AND CONSENT TO LENDER'S ENTERING JUDGMENT
AGAINST ME SION AS PROVIDED FOR IN THE CONFESSION OF JUDGMENT PROVISION.
INITIALS:
B. I FURTHER UNDERSTAND THAT IN ADDITION TO GIVING LENDER THE RIGHT TO ENTER JUDGMENT AGAINST ME WITHOUT ADVANCE
NOTICE OR A HEARING, THE CONFESSION OF JUDGMENT PROVISION IN THE NOTE ALSO CONTAINS LANGUAGE THAT WOULD PERMIT
LENDER, AFTER ENTRY OF JUDGMENT, AGAIN WITHOUT EITHER ADVANCE NOTICE OR A HEARING, TO EXECUTE ON THE JUDGMENT BY
FORECLOSING UPON, ATTACHING, LEVYING ON, TAKING POSSESSION OF OR OTHERWISE SEIZING MY PROPERTY, IN FULL OR PARTIAL
PAYMENT OF THE JUDGMENT. IN EXECUTING THE NOTE, BEING FULLY AWARE OF MY RIGHTS TO ADVANCE NOTICE AND A HEARING
AFTER JUDGMENT IS ENTERED AND BEFORE EXECUTION ON THE JUDGMENT, I AM KNOWINGLY, INTELLIGENTLY AND VOLUNTARILY
WAIVING THESE RIGH , NO I EXPRESSLY AGREE AND CONSENT TO LENDER'S IMMEDIATELY EXECUTING ON THE JUDGMENT, IN ANY
MANNER PE ...................BY APPLICABLE STATE AND FEDERAL LAW, WITHOUT GIVING ME ANY ADVANCE NOTICE.
.
INITIALS. ::;:;•na..........•..
C. AFTER HAVING READ AND DETERMINED WHICH OF THE FOLLOWING STATEMENTS ARE APPLICABLE, AND BY PLACING MY INITIALS
NEXT TO EACH STATEMENT WHICH APPLIES, I REPRESENT THAT:
INITIALS
1. 1 WAS REPRESENTED BY MY OWN INDEPENDENT LEGAL COUNSEL IN CONNECTION WITH THE NOTE.
- r7-
2. A REPRESENTATIVE OF LENDER SPECIFICALLY CALLED THE CONFESSION OF JUDGMENT PROVISION IN THE NOTE TO MY
ATTENTION.
D. 1 CERTIFY THAT MY ANNUAL INCOME EXCEEDS $10,000; THAT THE BLANKS IN THIS DISCLOSURE WERE FILLED IN WHEN I INITIALED
AND SIGNED IT; AND THAT I RECEIVED A COPY AT THE TIME OF SIGNING.
THIS DISCLOSURE/IS GIVEN UNDER SEAL AND IT IS INTENDED THAT THIS DISCLOSURE IS AND SHALL CONSTITUTE AND HAVE THE
EFFECT OF A S LED INSTRUMENT ACCORDING TO LAW.
AFFIANT:
LASER PRO Lwdrq, Vx. 5.22.760W Copr. HerWtl Fi-W 3olud=. Im. 1987.2003. AA %hb Raeuved. . PA IHWWAPP8ILPWIMCFIILPL\030.FC TR-3 MI.
DISCLOSURE FOR CONFESSION OF j JDGMENT
References in the shaded area are for Lender's use only and do not limit the applicability of this document to any particular loan or item.
Any item above containing "***" has been omitted due to text length limitations.
Borrower: Dusan Bratic (SSN: _ Lender: COMMERCE BANKIHARRISBURG N.A.
Kathleen M. Bratic (SSN: COMMERCIAL MORTGAGE DEPARTMENT
1521 High Meadow Lane 100 SENATE AVENUE
Mechanicsburg, PA 17055 CAMP HILL, PA 17011
(717) 975-5630
Affiant: Kathleen M. Bratic (SSN:
1521 High Meadow Lane
Mechanicsburg, PA 17055
DISCLOSURE FOR CONFESSION OF JUDGMENT
I AM EXECUTING, THIS DAY OF , 2023, A PROMISSORY NOTE FOR $142,500.00 OBLIGATING ME
TO REPAY THAT AMOUNT.
A. I UNDERSTAND THAT THE NOTE CONTAINS A CONFESSION OF JUDGMENT PROVISION THAT WOULD PERMIT LENDER TO ENTER
JUDGMENT AGAINST ME IN COURT, AFTER A DEFAULT ON THE NOTE, WITHOUT ADVANCE NOTICE TO ME AND WITHOUT OFFERING ME
AN OPPORTUNITY TO DEFEND AGAINST THE ENTRY OF JUDGMENT. IN EXECUTING THE NOTE, BEING FULLY AWARE OF MY RIGHTS TO
ADVANCE NOTICE AND TO A HEARING TO CONTEST THE VALIDITY OF ANY JUDGMENT OR OTHER CLAIMS THAT LENDER MAY ASSERT
AGAINST ME UNDER THE NOTE, I AM KNOWINGLY, INTELLIGENTLY, AND VOLUNTARILY WAIVING THESE RIGHTS, INCLUDING ANY RIGHT
TO ADVANCE NOTICE OF THE ENTRY OF JUDGMENT, AND I EXPRESSLY AGREE AND CONSENT TO LENDER'S ENTERING JUDGMENT
AGAINST ME CONFESSION AS PROVIDED FOR IN THE CONFESSION OF JUDGMENT PROVISION.
INITIALS: am=
B. 1 FURTHER UNDERSTAND THAT IN ADDITION TO GIVING LENDER THE RIGHT TO ENTER JUDGMENT AGAINST ME WITHOUT ADVANCE
NOTICE OR A HEARING, THE CONFESSION OF JUDGMENT PROVISION IN THE NOTE ALSO CONTAINS LANGUAGE THAT WOULD PERMIT
LENDER, AFTER ENTRY OF JUDGMENT, AGAIN WITHOUT EITHER ADVANCE NOTICE OR A HEARING, TO EXECUTE ON THE JUDGMENT BY
FORECLOSING UPON, ATTACHING, LEVYING ON, TAKING POSSESSION OF OR OTHERWISE SEIZING MY PROPERTY, IN FULL OR PARTIAL
PAYMENT OF THE JUDGMENT. IN EXECUTING THE NOTE, BEING FULLY AWARE OF MY RIGHTS TO ADVANCE NOTICE AND A HEARING
AFTER JUDGMENT IS ENTERED AND BEFORE EXECUTION ON THE JUDGMENT, I AM KNOWINGLY, INTELLIGENTLY AND VOLUNTARILY
WAIVING THESE RIGHTS, AND I EXPRESSLY AGREE AND CONSENT TO LENDER'S IMMEDIATELY EXECUTING ON THE JUDGMENT, IN ANY
MANNER PBi APPLICABLE STATE AND FEDERAL LAW, WITHOUT GIVING ME ANY ADVANCE NOTICE.
INITIALS::::::'
C. AFTER HAVING READ AND DETERMINED WHICH OF THE FOLLOWING STATEMENTS ARE APPLICABLE, AND BY PLACING MY INITIALS
NEXT TO EACH STATEMENT WHICH APPLIES, I REPRESENT THAT:
INITIALS
1. 1 WAS REPRESENTED BY MY OWN INDEPENDENT LEGAL COUNSEL IN CONNECTION WITH THE NOTE.
2. A REPRESENTATIVE OF LENDER SPECIFICALLY CALLED THE CONFESSION OF JUDGMENT PROVISION IN THE NOTE TO MY
ATTENTION.
D. I CERTIFY THAT MY ANNUAL INCOME EXCEEDS $10,000; THAT THE BLANKS IN THIS DISCLOSURE WERE FILLED IN WHEN i INITIALED
AND SIGNED IT; AND THAT I RECEIVED A COPY AT THE TIME OF SIGNING.
THIS DISCLOSURE IS GIVEN UNDER SEAL AND IT IS INTENDED THAT THIS DISCLOSURE IS AND SHALL CONSTITUTE AND HAVE THE
EFFECT OF A SEALED INSTRUMENT ACCORDING TO LAW.
AFFIANT:
a 1 en M. Sratic, In vidua y (Seal)
LASER PRO U"Ift, Vx. 6.71.00.000 Cop. N9A"nE F -W 9alullom, 1-- 19W, 2D03 AM M40 P-" - PA FL%VANAPP9ILP"I FIILPL1=.FC TR-6 PX19
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METTE, EVANS & WOODSIDE
A I ROF'ESSIONAIL OORPORATION
A'ITOBNNYS AT LAW
3401 NORTS FRONT STREET
HOWELL C. MITTS MARY ALICE BUSBY P.O. BOX 3930
ROBERT MOORS KATHRYN L SIMPSON HAMMSBURG, PA 11110-0050
CHARLES IL ZWALLY THOMAS F. SMIDA
PETER J. RESSLER PAULA L LEICHT IRS NO.
JAMES A. ULSH TIMOTILY A. BOY 28-1985005
JEFFREY A. ERNICO HENRY W. VAN ECK
TE "HONE FAOSIMILH
(717) 292.3000 (717) 799-1810
TOLL FFREEZI 1-800-892-3097
MARK % HIPP
RONALD I. FINCK
RANDALL O. BURST*
MELISSA L VAN ECK
HEATHER L KELLY
AARON T.DOMOTO
JAMES W. EVANS
1926-2008
' MARYLAND DAR
HM-rP://W W W.barr=.COx
June 23, 2011
Dusan Bratic
Kathleen M. Bratic
5609 Pinehurst Way
Mechanicsburg, PA 17050
VIA REGULAR AND CERTIFIED MAIL,
RETURN RECEIPT REQUESTED
Progress Avenue Limited Partnership
101 Route US 15 South
Dillsburg, PA 17019
Re: Promissory Note for Loan 3439650 - Metro Bank f/k/a Commerce
Bank/Harrisburg/N.A. ("Bank") to Borrower Dusan Bratic; guarantied
by Guarantor Kathleen M. Bratic
Promissory Nate for Loan No. 3170150 - Bank to Progress Avenue Limited
Partnership
Promissory Note for Loan No. 3062850 - Bank to Borrowers Dusan Bratic and
Kathleen M. Bratic
Promissory Note for Loan No. 2877450 - Bank to Borrowers Dusan Bratic and
Kathleen M. Bratic
Promissory Note for Loan No. 2909150 - Bank to Borrowers Dusan Bratic and
Kathleen M. Bratic
Promissory Note for Loan No. 3058450 - Bank to Borrowers-Dusan Bratic and
Kathleen M. Bratic
Promissory Note for Loan No. 2919650 - Bank to Borrowers Dusan Bratic and
Kathleen M. Bratic
(the above Promissory Notes are collectively referred to as the "Notes")
Wyomissing Office 1105 Berkshire Boulevard, Suite 320 Wyomissing, PA 19610 1 Telephone (800) 962-5097
June 23, 2011
Page 2
Dear Borrowers/Guarantor:
Reference is made to the above-identified Notes. By correspondence dated June 10,
2011, you were notified that the Notes are in default due to defaults on other obligations or debts
to Bank ("Other Defaults," as defined in the Notes). Additionally, Bank believes the prospect of
payment or performance of the Notes is impaired ("Adverse Change," as defined in the Notes)
and Bank in good faith believes it is insecure on the Loans ("Insecurity," as defined in the
Notes). (Other Defaults, Adverse Change and Insecurity are collectively referred to herein after
as the "Note Defaults").
Notwithstanding Bank's determination that the Note Defaults are not curable, Bank is
providing written notice of the Note Defaults, and, pursuant to the "Cure Provisions" contained
in the Notes, you are directed to (1) cure the Note Defaults within fifteen (15) days of the date of
this correspondence (the "Cure Period"); or (2) immediately initiate steps which Bank deems at
its sole discretion to be sufficient to cure the Note Defaults and thereafter continue and complete
all reasonable and necessary steps sufficient to produce compliance as soon as reasonably
practical ("Cure Steps").
If the Note Defaults are cured or you initiate sufficient Cure Steps within the Cure Period,
your payment obligations under the Notes will resume pursuant to the terms of the Notes unless
or until a new Event of Default (as defined by the Notes) occurs. Moreover, if there is currently
a Payment Default (as defined in the Notes) or a Payment Default occurs within the Cure Period,
you are hereby notified that Bank will, without notice or demand, declare the unpaid principal
balance on the Notes and all accrued unpaid interest immediately due and payable.
Further, if you fail to cure the Note Defaults within the Cure Period, Bank will declare
the unpaid principal balance on the Notes and all accrued unpaid interest immediately due and
payable. This notice provides you with any and all notice(s) required by applicable law, and you
will not receive additional notice at the expiration of the Cure Period.
Nothing contained in this letter constitutes a waiver or release of any of the terms or provisions of
the Note, or of any and all other instruments or agreements between or among Bank, Borrower and/or
Guarantor ("Loan Documents"). Bank reserves all rights and remedies available to it under the Loan
Documents and applicable law, all of which are expressly hereby reserved.
No discussions between or among Bank, Borrowers, and/or Guarantor concerning this
notification, other loan relationships between or among Bank, Borrowers, and/or Guarantor any other
matter shall imply an agreement on the part of the Bank to waive any of its rights and remedies or to
forbear from taking any action authorized by the Loan Documents or applicable law, whether or not such
discussions may be continuing.
Any communications with any representative of Bank, whether oral or written, will be mere
discussions only and will not in any way commit or be binding upon Bank unless reduced to a writing
June 23, 2011
Page 3
signed by an authorized officer of Bank. Such communications will not represent any course of dealing,
and in no manner shall you be entitled to rely in any way on any such discussions unless such
communications are reduced to a writing signed by an authorized officer of Bank.
The acceptance of any partial payment of any of the obligations of Borrowers or Guarantor to
Bank shall not be deemed a waiver or limitation of any of the Bank's rights reserved herein as to the full
amount of any unpaid balance. Any delay or forbearance by Bank in the enforcement or pursuit of any of
its rights and remedies under the Loan Documents or applicable law shall not constitute a waiver thereof,
nor shall it be a bar to the exercise of Bank's rights or remedies at a later date.
Should you have any questions, please do not hesitate to contact me.
Sincerely,
Heather Z. Kelly
539944v1
METTE, EVANS & WOODSIDE
Heather Z. Kelly, Esquire
Attorney I.D. No. 86291
3401 North Front Street
P.O. Box 5950
Harrisburg, PA 17110-0950
(717) 232-5000
(717) 236-1816 (fax)
hzkellykmette.com
Attorneys for Plaintiff
METRO BANK, f/k/a Commerce
Bank/Harrisburg, N.A.
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
V.
DUSAN BRATIC and KATHLEEN M.
BRATIC
DOCKET NO.
Defendants
NOTICE OF ENTRY OF JUDGMENT
TO: Dusan Bratic
5609 Pinehurst Way
Mechanicsburg, PA 17050
You are hereby notified pursuant to Rule 236 of the Pennsylvania Rules of Civil
Procedure that Judgment has been entered against you in the amount of $138,372.69 as provided
in the Note referenced in the Complaint plus all interest after the entry of such judgment at the
rate permitted by law.
Prothono of C berl ounty
L
Date By:
METTE, EVANS & WOODSIDE
Heather Z. Kelly, Esquire
Attorney I.D. No. 86291
3401 North Front Street
P.O. Box 5950
Harrisburg, PA 17110-0950
(717) 232-5000
(717) 236-1816 (fax)
hzkellykmette.com
Attorneys for Plaintiff
METRO BANK, f/k/a Commerce
Bank/Harrisburg, N.A.
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
V.
DUSAN BRATIC and KATHLEEN M.
BRATIC
Defendants
: DOCKET NO.
NOTICE OF ENTRY OF JUDGMENT
TO: Kathleen M. Bratic
5609 Pinehurst Way
Mechanicsburg, PA 17050
You are hereby, notified pursuant to Rule 236 of the Pennsylvania Rules of Civil
Procedure that Judgment has been entered against you in the amount of $138,372.69 as provided
in the Note referenced in the Complaint plus all interest after the entry of such judgment at the
rate permitted by law.
Prothono of Cumberland County
"R, L
Dat By: TftnwoOor 4% 01=00
METTE, EVANS & WOODSIDE
Heather Z. Kelly, Esquire
Attorney I.D. No. 86291
3401 North Front Street
P.O. Box 5950
Harrisburg, PA 17110-0950
(717) 232-5000
(717) 236-1816 (fax)
hzkellyAmette.com
Attorneys for Plaintiff
METRO BANK, f/k/a Commerce
Bank/Harrisburg, N.A.
Plaintiff
V.
DUSAN BRATIC and KATHLEEN M.
BRATIC
Defendants
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
DOCKET NO.
AFFIDAVIT OF DEFENDANT'S LAST KNOWN ADDRESS
The undersigned is the Attorney for Plaintiff, and according to the best of her information
and belief, the last known address employed by the Defendants are:
z' r ?-Cll° Eil?
,? i 1 JL' 21 PZ? 2.3 EG
COUNTY
`" I
?EPINSYLVANIA
Dusan Bratic Kathleen M. Bratic
5609 Pinehurst Way 5609 Pinehurst Way
Mechanicsburg, PA 17050 Mechanicsburg, PA 17050
Respectfully submitted,
Aka'? ?r 4:?e?f-
Heather Z. Kelly, E quire
I.D. No. 86291
Mette, Evans & Woodside
3401 North Front Street
P.O. Box 5950
Harrisburg, PA 17110-0950
Telephone: (717) 232-5000
Date: July 20, 2011 Attorneys for Plaintiff
tL?l1 JUL 21 31
=J ?? AND COUNT
METTE, EVANS & WOODSIDE
Heather Z. Kelly, Esquire
Attorney I.D. No. 86291
3401 North Front Street
P.O. Box 5950
Harrisburg, PA 17110-0950
(717) 232-5000
(717) 236-1816 (fax)
hzkellygmette.com
Attorneys for Plaintiff
METRO BANK, f/k/a Commerce
Bank/Harrisburg, N.A.
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
V.
DUSAN BRATIC and KATHLEEN M.
BRATIC
Defendants
DOCKET NO.
AFFIDAVIT OF NON-MILITARY SERVICE
I am the attorney for Metro Bank, f/k/a Commerce Bank/Harrisburg, N.A., and according
to the best of my information and belief, the Defendants are adult individuals and are not in the
United States Military Service.
Dusan Bratic
5609 Pinehurst Way
Mechanicsburg, PA 17050
Kathleen M. Bratic
5609 Pinehurst Way
Mechanicsburg, PA 17050
94
Respectfully submitted,
Aq?? 3r.. "-A-aA?
Heather Z. Kelly, Esquire
I.D. No. 86291
Mette, Evans & Woodside
3401 North Front Street
P.O. Box 5950
Harrisburg, PA 17110-0950
Telephone: (717) 232-5000
Attorneys for Plaintiff
Date: July 20, 2011
r RITHONOTAR;1,
'iE!Dl 21 PF9 2: 3-1
CUMBERLAND COUNT`'
PENNSYLVANIA
METTE, EVANS & WOODSIDE
Heather Z. Kelly, Esquire
Attorney I.D. No. 86291
3401 North Front Street
P.O. Box 5950
Harrisburg, PA 17110-0950
(717) 232-5000
(717) 236-1816 (fax)
hzkelly(a,mette.com
Attorneys for Plaintiff
METRO BANK, f/k/a Commerce
Bank/Harrisburg, N.A.
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
V.
DUSAN BRATIC and KATHLEEN M.
BRATIC
Defendants
DOCKET NO.
Notice Under Pa R.C.P. 2958.1 Of
Judgment And Execution Thereon
Notice of Defendant's RiEhts
TO: Kathleen M. Bratic
5609 Pinehurst Way
Mechanicsburg, PA 17050
A judgment in the amount of $138,372.69 has been entered against you 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 Lawyer Referral Service
Cumberland County Bar Association
32 S. Bedford Street
Carlisle, PA 17013
(717) 249-3166
1-800-990-9108
Respectfully submitted,
Xl-?? 2, J::?&
Heather Z. Kelly, squire
I.D. No. 86291
Mette, Evans & Woodside
3401 North Front Street
P.O. Box 5950
Harrisburg, PA 17110-0950
Telephone: (717) 232-5000
Attorneys for Plaintiff
Date: July 20, 2011
4 a
f PROTHONOTAWl
H 6 i JUL 21 PM 2: 3 7
CUMBERLAND COUNTY
PENNSYLVANIA
METTE, EVANS & WOODSIDE
Heather Z. Kelly, Esquire
Attorney I.D. No. 86291
3401 North Front Street
P.O. Box 5950
Harrisburg, PA 17110-0950
(717) 232-5000
(717) 236-1816 (fax)
hzkelly(?mette.com
Attorneys for Plaintiff
METRO BANK, f/k/a Commerce
Bank/Harrisburg, N.A.
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
DUSAN BRATIC and KATHLEEN M.
BRATIC
Defendants
DOCKET NO.
Notice Under Pa R.C.P. 2958.1 Of
Judgment And Execution Thereon
Notice of Defendant's Rights
TO: Dusan Bratic
5609 Pinehurst Way
Mechanicsburg, PA 17050
A judgment in the amount of $138,372.69 has been entered against you 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 Lawyer Referral Service
Cumberland County Bar Association
32 S. Bedford Street
Carlisle, PA 17013
(717) 249-3166
1-800-990-9108
Respectfully submitted,
Heather Z. Kelly, squire
I.D. No. 86291
Mette, Evans & Woodside
3401 North Front Street
P.O. Box 5950
Harrisburg, PA 17110-0950
Telephone: (717) 232-5000
Attorneys for Plaintiff
Date: July 20, 2011
Ro MONO TAR
' 6! JT 2! PH 2. ?7
`?-"ERLANO COUNT``
PENNSYLVANIA
METTE, EVANS & WOODSIDE
Heather Z. Kelly, Esquire
Attorney I.D. No. 86291
3401 North Front Street
P.O. Box 5950
Harrisburg, PA 17110-0950
(717) 232-5000
(717) 236-1816 (fax)
hzkellykmette.com
Attorneys for Plaintiff
METRO BANK, f/k/a Commerce
Bank/Harrisburg, N.A.
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
V.
DUSAN BRATIC and KATHLEEN M.
BRATIC
Defendants
: DOCKET NO.
NOTICE UNDER 42 Pa. C.S.A. 2737.1 OF RIGHT TO RECOVER ATTORNEY FEES
AND COSTS AND PROCEDURE TO FOLLOW TO STRIKE OFF OR OPEN A
CONFESSED JUDGMENT
TO: Kathleen M. Bratic
5609 Pinehurst Way
Mechanicsburg, PA 17050
Pursuant to 42 Pa.C.S.A. 273 you are hereby notified that a debtor who has been incorrectly
identified and had a confession of judgment entered against him shall be entitled to costs and
reasonable attorney fees as determined by the court.
Pursuant to 42 Pa.C.S.A. § 273 you are hereby notified of the instructions regarding the
procedure to follow to strike off or open a confessed judgment under Pennsylvania Rule of Civil
Procedure 2959, which is reproduced in full, on the following page.
Respectfully submitted,
_ kAOLI. 3. AIXA=
Heather Z. Kelly, squire
I.D. No. 86291
Mette, Evans & Woodside
3401 North Front Street
P.O. Box 5950
Harrisburg, PA 17110-0950
Telephone: (717) 232-5000
Attorneys for Plaintiff
Date: July 20, 2011
PENNSYLVANIA RULE OF CIVIL PROCEDURE 2959
STRIKING OFF OR OPENING JUDGMENT; PLEADINGS AND PROCEDURE
(a)(1) Relief from a judgment by confession shall besought by petition. Except as
provided in subparagraph (2), all grounds for relief whether to strike off the judgment or to open
it must be asserted in a single petition. The petition may be filed in the county in which the
judgment was originally entered, in any county to which the judgment has been transferred or in
any other county in which the sheriff has received a writ of execution directed to the sheriff to
enforce the judgment
(2) The ground that the waiver of the due process rights of notice and hearing was not
voluntary, intelligent and knowing shall be raised only
(i) in support of a further request for a stay of execution where the court has
not stayed execution despite the timely filing of a petition for relief from the judgment and the
presentation of prima facie evidence of a defense; and
(ii) as provided by Rule 2958.3 or Rule 2973.3.
(3) If written notice is served upon the petitioner pursuant to Rule 2956.1(c)(2) or
Rule 2973.1(c), the petition shall be filed within thirty days after such service. Unless the
defendant can demonstrate that there were compelling reasons for the delay, a petition not timely
filed shall be denied.
(b) If the petition states prima facie grounds for relief the court shall issue a rule to
show cause and may grant a stay of proceedings. After being served with a copy of the petition
the plaintiff shall file an answer on before the return day of the rule. The return day of the rule
shall be fixed by the court by local rule or special order.
(c) A party waives all defenses and objections which are not included in the petition
or answer.
(d) The petition and the rule to show cause and the answer shall be served as
provided in Rule 440.
(e) The court shall dispose of the rule on petition and answer, and on any testimony,
depositions, admissions and other evidence. The court for cause shown may stay proceedings on
the petition insofar as it seeks to open the judgment pending disposition of the application to
strike off the judgment. If evidence is produced which in a jury trial would require the issues to
be submitted to the jury, the court shall open the judgment.
(f) The lien of the judgment or of any levy or attachment shall be preserved while the
proceedings to strike off or open the judgment are pending.
(g) (1) A judgment shall not be stricken or opened because of a creditor's failure
to provide a debtor with instructions imposed by an existing statute, if any, regarding procedures
to follow to strike a judgment or regarding any rights available to an incorrectly identified
debtor.
(2) Subdivision (g)(1) shall apply to (1) judgment entered prior to the effective date
of a subdivision (g) which have not been stricken or opened as of the effective date and (2)
judgment entered on or after the effective date.
539648v1
k 'I I
-F
FIR 1TH0 '0TAF"
iii I I J11JL 21 FBI 2*- 37
c`, MBERLAND COUNTY
PENNSYLVANIA
METTE, EVANS & WOODSIDE
Heather Z. Kelly, Esquire
Attorney I.D. No. 86291
3401 North Front Street
P.O. Box 5950
Harrisburg, PA 17110-0950
(717) 232-5000
(717) 236-1816 (fax)
hzkelly a-,mette.com
Attorneys for Plaintiff
METRO BANK, f/k/a Commerce
Bank/Harrisburg, N.A.
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
V.
DUSAN BRATIC and KATHLEEN M.
BRATIC
Defendants
: DOCKET NO.
NOTICE UNDER 42 Pa. C.S.A. 2737.1 OF RIGHT TO RECOVER ATTORNEY FEES
AND COSTS AND PROCEDURE TO FOLLOW TO STRIKE OFF OR OPEN A
CONFESSED JUDGMENT
TO: Dusan Bratic
5609 Pinehurst Way
Mechanicsburg, PA 17050
Pursuant to 42 Pa.C.S.A. 2737. 1, you are hereby notified that a debtor who has been incorrectly
identified and had a confession of judgment entered against him shall be entitled to costs and
reasonable attorney fees as determined by the court.
Pursuant to 42 Pa.C.S.A. § 2737.1, you are hereby notified of the instructions regarding the
procedure to follow to strike off or open a confessed judgment under Pennsylvania Rule of Civil
Procedure 2959, which is reproduced in full, on the following page.
Respectfully submitted,
Heather Z. Kelly, squire
I.D. No. 86291
Mette, Evans & Woodside
3401 North Front Street
P.O. Box 5950
Harrisburg, PA 17110-0950
Telephone: (717) 232-5000
Attorneys for Plaintiff
Date: July 20, 2011
PENNSYLVANIA RULE OF CIVIL PROCEDURE 2959
STRIKING OFF OR OPENING JUDGMENT; PLEADINGS AND PROCEDURE
(a)(1) Relief from a judgment by confession shall besought by petition. Except as
provided in subparagraph (2), all grounds for relief whether to strike off the judgment or to open
it must be asserted in a single petition. The petition may be filed in the county in which the
judgment was originally entered, in any county to which the judgment has been transferred or in
any other county in which the sheriff has received a writ of execution directed to the sheriff to
enforce the judgment
(2) The ground that the waiver of the due process rights of notice and hearing was not
voluntary, intelligent and knowing shall be raised only
(i) in support of a further request for a stay of execution where the court has
not stayed execution despite the timely filing of a petition for relief from the judgment and the
presentation of prima facie evidence of a defense; and
(ii) as provided by Rule 2958.3 or Rule 2973.3.
(3) If written notice is served upon the petitioner pursuant to Rule 2956.1(c)(2) or
Rule 2973.1(c), the petition shall be filed within thirty days after such service. Unless the
defendant can demonstrate that there were compelling reasons for the delay, a petition not timely
filed shall be denied.
(b) If the petition states prima facie grounds for relief the court shall issue a rule to
show cause and may grant a stay of proceedings. After being served with a copy of the petition
the plaintiff shall file an answer on before the return day of the rule. The return day of the rule
shall be fixed by the court by local rule or special order.
(c) A party waives all defenses and objections which are not included in the petition
or answer.
(d) The petition and the rule to show cause and the answer shall be served as
provided in Rule 440.
(e) The court shall dispose of the rule on petition and answer, and on any testimony,
depositions, admissions and other evidence. The court for cause shown may stay proceedings on
the petition insofar as it seeks to open the judgment pending disposition of the application to
strike off the judgment. If evidence is produced which in a jury trial would require the issues to
be submitted to the jury, the court shall open the judgment.
(f) The lien of the judgment or of any levy or attachment shall be preserved while the
proceedings to strike off or open the judgment are pending.
(g) (1) A judgment shall not be stricken or opened because of a creditor's failure
to provide a debtor with instructions imposed by an existing statute, if any, regarding procedures
to follow to strike a judgment or regarding any rights available to an incorrectly identified
debtor.
(2) Subdivision (g)(1) shall apply to (1) judgment entered prior to the effective date
of a subdivision (g) which have not been stricken or opened as of the effective date and (2)
judgment entered on or after the effective date.
SHERIFF'S OFFICE OF CUMBERLAND COUNTY
Ronny R Anderson
Sheriff ,.
'la1 y t _ f„fld
Jody S Smith
Chief Deputy
Richard W Stewart
Solicitor
PE ' SYLV!.'!
Metro Bank
vs. I Case Number
Dusan Bratic (et al.) 2011-5809
SHERIFF'S RETURN OF SERVICE
08/01/2011 02:19 PM - Michelle Gutshall, Deputy Sheriff, who being duly sworn according to law, states that on
August 1, 2011 at 1519 hours, she served a true copy of the within Complaint in Confession of Judgment
and Notice, upon the within named defendant, to wit: Dusan Bratic, by making known unto Kathleen
Bratic, Wife of Defendant at 5609 Pinehurst Way, Mechanicsburg, Cumberland County, Pennsylvania
17050 its contents and at the same time handing to her personally the said true and correct copy of the
same.
Z
-W, MICHELLE GUTSHALL, DEPUTY
08/01,2011 03:19 PM - Michelle Gutshall, Deputy Sheriff, who being duly sworn according to law, states that on
August 1, 2011 at 1519 hours, she served a true copy of the within Complaint in Confession of Judgment
and Notice, upon the within named defendant, to wit: Kathleen M. Bratic, by making known unto herself
personally, at 5609 Pinehurst Way, Mechanicsburg, Cumberland County, Pennsylvania 17050 its contents
and at the same time handing to her personally the said true and correct copy of the same.
1MICHEkLLq2G TSHERIFF COST: $54.44
August 03, 2011
SO ANSWERS, - :--
4RON ANDERSON, SHERIFF
METRO BANK, f/k/a Commerce
Bank/Harrisburg, N.A.
Plaintiff
V.
DUSAN BRATIC and
KATHLEEN M. BRATIC
Defendants
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
DOCKET NO. 11-5809 CIVIL
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RULE TO SHOW CAUSE
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AND NOW, this and day of , 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;
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2. The Respondent shall file an Answer to the Petition to Open Judgment within
d.0 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 days of this date; !l
5. Argument shall be held on 2011 in Courtroom No. T
of the County Courthouse) A? ?'' dv ?' 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.
8. Briefs in support and opposition are due within days of oral argument.
Distribution List:
Prothonotary
Dusan Bratic, Esq. 101 South US Route 15, Dillsburg, PA 17019
K II E Mette Evans & Woodside 3401 N. Front St., PO Box 5950,
?e Heather a y, sq.
0. ?,I11 Harrisburg, PA 17110-0950
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METTE, EVANS & WOODSIDE
Heather Z. Kelly, Esquire
Sup. Ct. ID No. 86291
3401 N. Front Street
P.O. Box 5950
Harrisburg, PA 17110-0950
(717) 232-5000 - Phone
(717) 236-1816 - Facsimile
hzkelly2,mette.com
Attorneys for Plaintiff
METRO BANK, f/k/a COMMERCE
BANK/HARRISBURG, N.A.,
Plaintiff,
V.
DUSAN BRATIC and KATHLEEN
BRATIC,
Defendants
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. I1-5809 CIVIL
JOINT MOTION TO STAY
PENDING CHAPTER 11 BANKRUPTCY
NOW COME, Plaintiff and Defendants (the "Parties") and file the within Joint Motion to
Stay Pending Chapter 11 Bankruptcy, in support whereof, the Parties aver as follows:
On or about July 21, 2011 Plaintiff entered judgment by confession against
Defendants.
2. On or about August 4, 2011, Defendants filed a Petition to Open or Strike.
3. On or about August 16, 2011, this Honorable Court issued a Rule to Show Cause,
and scheduled a hearing for 2:00 p.m. on Friday, October 21, 2011.
ry
4. On September 19, 2011, Defendant Dusan Bratic filed a Chapter 11 bankruptcy
petition, which bankruptcy is currently pending in the United States Bankruptcy Court for the
Middle District of Pennsylvania and is docketed at 1:11-bk-06413-RNO (`Bankruptcy").
Although Defendant Kathleen Bratic is not a named Debtor in the Bankruptcy, the
obligations of Kathleen Bratic at issue in this matter will be addressed through the Bankruptcy.
6. The Parties are working cooperatively in through the Bankruptcy to resolve all
outstanding obligations among the Parties.
7. A successful Chapter 11 Plan of reorganization through the Bankruptcy would
resolve all of the issues raised in the Petitions to Open or Strike.
8. The Parties have jointly agreed to request a stay of these proceedings pending the
conclusion of the Bankruptcy.
WHEREFORE, the Parties jointly request that this Honorable Court stay these
proceedings for the duration of Bankruptcy No. 1:11-bk-06413-RNO.
Respectfully submitted,
METTE, EVANS & WOODSIDE
By: A&A?e" 2 4, al
HEATHER Z. KEL ,
Sup. Ct. I.D. No. 86291
3401 North Front Street
P. O. Box 5950
Harrisburg, PA 17110-0950
(717) 232-5000 - Phone
(717) 236-1816 - Fax
Attorneys Plaintiff, Metro Bank
f/k/a Commerce Bank/Harrisburg, N.A.
CERTIFICATE OF SERVICE
I certify that I am this day serving a copy of the foregoing document upon the person(s)
and in the manner indicated below, which service satisfies the requirements of the Pennsylvania
Rules of Civil Procedure, by depositing a copy of same in the United States Mail at Harrisburg,
Pennsylvania, with first-class postage, prepaid, as follows:
Dusan Bratic, Esquire
BRATIC and PORTKO
101 South Office Center, Suite A
101 South U.S. Route 15
Dillsburg, PA 17019
Respectfully submitted,
METTE, EVANS & WOODSIDE
By: 94eg? F, &-Axz
HEATHER Z. K LY, ESQUIRE
Sup. Ct. I.D. No. 86291
3401 North Front Street
P. O. Box 5950
Harrisburg, PA 17110-0950
(717) 232-5000 - Phone
(717) 236-1816 - Fax
Attorneys Plaintiff, Metro Bank
f/k/a Commerce Bank/Harrisburg, N.A.
Date: October 21, 2011