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Home My WebLink About11-6865 o ? BLAKINGER, BYLER & THOMAS, P.C. z? ? ''pr- By: Susan P. Peipher, Esquire Z Attorney I.D. #87580 c, 28 Penn Square n ? 3 -Y'.t Lancaster, PA 17603 (717) 299-1100 4 N Attorneys for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW FIRST COMMONWEALTH BANK Plaintiff V. DGK PROPERTIES, LP Defendant No. CONFESSION OF JUDGMENT Pursuant to the authority contained in the Warrant of Attorney, a true and correct copy of which is attached to the Complaint filed in this action, I appear for the Defendant and confess judgment in favor of Plaintiff and against Defendant, as follows: Principal Interest through 08/29/2011 Late Charges Attorney Fees and Costs TOTAL $560,760.09 13,176.56 840.21 10.000.00 $584,776.86 Interest continues to accrue on the total owed from and after August 29, 2011, at the per diem rate of $96.44. Attorneys' fees and costs also continue to accrue. Dated: 00607405/ (29791.001) BLAKI GER, BYLER & THOMAS, P.C. By: Susan P. Peipher, Esquire Attorney I.D. No. 87580 Attorney for Plaintiff f^17- :5"D f k A dG`//a-5- 1?a`fr<e okci- "fed (-- c, -1 rn CO M c/) "C = -M r- BLAKINGER, BYLER & THOMAS, P.C. C=1 A ? By: Susan P. Peipher, Esquire r -+a Attorney I.D. #87580 v? 3 28 Penn Square 5;= - o.rn x Lancaster, PA 17603 rv ' (717) 299-1100 Attorneys for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW FIRST COMMONWEALTH BANK Plaintiff v. No. I I_ 0 6 S t t v, "k ? DGK PROPERTIES, LP Defendant COMPLAINT IN CONFESSION OF JUDGMENT Plaintiff, First Commonwealth Bank, by its counsel, Susan P. Peipher, of Blakinger, Byler & Thomas, P.C., by way of Complaint in Confession of Judgment against Defendant, DGK Properties, LP, avers and represents as follows: THE PARTIES 1. The Plaintiff, First Commonwealth Bank, is a Pennsylvania financial institution with an address of 654 Philadelphia Street, Indiana, PA 15701. 2. Defendant, DGK Properties, LP, is a Pennsylvania Limited Partnership with a registered address of 711 Olde Hickory Road, Lancaster, PA 17601 and an alternate address of 701 Creekside Lane, Lititz, PA 17543, and is the real owner of the property known as and located at 1041 Rittner Highway, Southampton Township, Cumberland County, PA ("the Property"). JURISDICTION AND VENUE 3. The Court has specific personal jurisdiction over the Defendant because the Defendant specifically agreed to the specific personal jurisdiction of any court in the Commonwealth of Pennsylvania. 4. Venue is proper in this Court because the Property is located in Cumberland County and because the acts and/or omissions giving rise to Plaintiff's cause of action occurred in Cumberland County. BACKGROUND 5. On or about December 29, 2008, Plaintiff agreed to make commercial loans and other financial accommodations to Defendant (collectively, the "Loan") as evidenced by that certain promissory note dated December 29, 2008 (the "Note") in the principal amount of $560,760.09 and secured by an Open-End Mortgage and Security Agreement recorded on January 6, 2009 under Instrument Number 200900338 dulyrecorded in the Office ofthe Recorder of Deeds for Cumberland County. A true and correct copy of the Note is attached hereto, incorporated herein and marked as Exhibit "A". 6. Pursuant to the terms of the Note, Defendant agreed to pay the outstanding principal and all accrued unpaid interest due thereunder on January 10, 2009, and to make monthly interest payments as calculated therein. See Exhibit "A". 7. Upon Defendant's failure to pay monthly payments under the terms of the Note, as of August 29, 2011, the Plaintiff has declared an Event of Default as defined under the Note and has accelerated the Loan and declares all amounts due and owing pursuant to and in accordance with the terms of the Note (the "Acceleration'). See Exhibit "A". 2 8. The Note contains a warrant of attorney, which authorizes the entry of judgment by confession against the Defendant at any time after the occurrence of an Event of Default pursuant to the Note. See, page 3 of the Note (Exhibit "A"). 9. The Defendant is in default of its obligations to Plaintiff under the terms of the Note because, inter alia, Defendant has failed to make payments when due pursuant to and in accordance with the terms of the Note. 10. Under the terms of the Note and on account of the acceleration, all sums due according to the terms thereunder are immediately due and payable. 11. Additionally, reasonable attorneys' fees and costs incurred by Plaintiff to collect an obligation due under the Note are due and owing to Plaintiff pursuant to and in accordance with the terms thereunder. 12. As a result of the aforesaid default and pursuant to the acceleration, as of August 29, 2011, the total amount due to Plaintiff is $584,776.86, plus additional attorneys' fees and costs, calculated as follows: Principal Interest through 08/29/2011 Late Charges Attorney Fees and Costs TOTAL $560,760.09 13,176.56 840.21 10.000.00 $584,776.86 Interest continues to accrue on the total owed from and after August 29, 2011, at the per diem rate of $96.44. Attorneys' fees and costs also continue to accrue. 3 14. This Judgment is not being entered by confession in connection with a consumer credit transaction. 15. Judgment has not been entered against Defendant on the Note in any j urisdiction, and the Note has not been assigned. 16. None of the provisions of the Note have been waived and/or modified. 17. No conditions precedent to the entry of judgment by confession against Defendant remain unsatisfied. WHEREFORE, Plaintiff, First Commonwealth Bank, respectfully requests the entry of judgment in its favor and against Defendant, DGK Properties, LP in the amount of $584,776.86, plus interest from and after August 29, 2011, at the per diem rate of $96.44 plus additional attorneys' fees and costs and any other relief deemed just and proper. Respectfully submitted, BLA NGER, BYLER & THOMAS, P.C. Dated: _ By: Susan P. Peipher, Esquire Attorney I.D. No. 87580 Attorney for Plaintiff 00607251 / (29791.001) 4 VERIFICATION I N _? to a (s)he is the . og2 for First Commonwealth Bank, and as such, (s)he is authorized to make this Verification on its behalf, that (s)he has read the statements contained in the foregoing Complaint in Confession of Judgment, and that the statements contained therein are true and correct to the best of knowledge, information and belief. The undersigned also understands that these statements are made subject to tfie penalties of 18 Pa.C.S.A. § 4904 relating to unsworn falsification to authorities,. Dated: OL301 Name: Title: (14 1+AJ f A1a1 t,(T' I?v 5 ?K?V bif /I PROMISSORY NOTE $650,000.00 Lancaster, PennsylvAnia Signed: December 3? 2008 Effective: January & , 2009 FOR VALUE RECEIVED, DGK PROPERTIES, LP a Pennsylvania limited partnership (hereinafter referred to as "Maker"), promises to pay to the order of FIRST COMMONWEALTH BANK, with offices at 654 Philadelphia Street, Indiana, Pennsylvania 15701 (hereinafter referred to as "Payee"), the principal sum of Six Hundred Fifty Thousand and No/100 Dollars ($650,000.00), or so much thereof as shall be advanced and outstanding hereunder, together with interest at the rate set forth below on the unpaid outstanding principal balance of each advance, to secure a certain letter of credit to be issued by Bank in favor of the Pennsylvania Department of Transportation in connection with the Borrower's development of a a 128.59 acre parcel, containing, 469 residential lots and two (2) commercial lots located in Southampton Township, Cumberland County, Pennsylvania, known as "Deerfield Development" (the "Project"). Interest shall be calculated from the date of each advance until repayment of each advance. Any capitalized term used but not defined herein shall have the meaning ascribed to such term in the Loan Agreement, entered into by and between Payee and Maker dated January 10, 2008 and modified on even date herewith (the "Loan Agreement"). A. VARIABLE RATE OF INTEREST The interest rate on this Note is subject to change from time to time based on changes in an independent index which is the one month London Interbank Offered Rates (LIBOR) as quoted in the Wall Street Journal (the Index). The Index is not necessarily the lowest rate charged by Payee on its loans. If the Index becomes unavailable during the term of this loan, Payee may designate a substitute Index after notifying Maker. Payee will tell Maker the current Index rate upon Maker's request. The interest rate change will not occur more often than each first business day of the month following a change in the one month LIBOR as quoted in the Wall Street Journal. Maker understands that Payee may make loans based on other rates as well. The interest rate to be applied to the unpaid principal balance during this Note will be at a rate of 300 basis point(s) over the Index. 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, Payee, at its option, may do one or more of the following: (A) increase Maker's payments to ensure Maker's loan will pay off by its original final maturity date, (B) increase Maker's payments to cover accruing interest, (C) increase the number of Maker's payments, and (D) continue Maker's payments at the same amount and increase Maker's final payment. The term "Principal Balance", as used herein, shall mean the outstanding and unpaid principal amount of this Note and all other outstanding and unpaid sums, exclusive of interest, under the terms of this Note and the Mortgage. Principal Balance does not include un-disbursed proceeds. B. TERMS OF PAYMENT. Maker will pay this loan in accordance with the following payment schedule: a. Commencing on January 10, 2009, and on the same day of each month thereafter, Maker shall pay interest only on the principal amount advanced from time to time by Payee. b. Maker shall make a final payment of all. principal and interest then due on the Loan on December 10, 2009. All computations of interest under this Promissory Note shall be made on the basis of a three hundred and sixty (360) day year and the actual number of days elapsed. Maker will pay Payee at Payee's address shown above or at such other place as Payee may designate in writing. Unless otherwise agreed or required by applicable law, payments will be applied first to any unpaid collection costs and late charges, then to unpaid interest, and any remaining amount to principal. C. MATURITY. Notwithstanding any provision contained herein, the entire Principal Balance, together with all accrued and unpaid interest thereon, shall be due, payable and paid, without presentment or demand, no later than December 10, 2009. D. PLACE OF PAYMENT. The monthly payments and all other sums due hereunder and under the Mortgage shall be payable at FIRST COMMONWEALTH BANK, 654 Philadelphia Street, Indiana, Pennsylvania 15701, or at such other place as Payee, from time to time, may designate to Maker in writing, delivered to Maker at the address set forth in the Mortgage for notices to Maker. E. PREPAYMENT. Maker may pay without penalty all or a portion of the amount owed earlier than it is due without restriction or penalty. Early payments will not, unless agreed to by Payee in writing, relieve Maker of Maker's obligation to continue to make payments under the payment schedule. Rather, they will reduce the principal balance due and pay result in Maker making fewer payments. Payment of this Note is secured by an Open-End Mortgage and Security Agreement of even date herewith, intended to be recorded forthwith, from Maker to Payee (hereinafter referred to as the "Mortgage"), secured upon certain real property situate in Southampton Township, Cumberland County, Pennsylvania, together with any improvements to be. constructed on such real property, said real property being more particularly described in the aforesaid Open-End Mortgage and Security Agreement (referred to herein as the "Mortgaged Property"). All of the agreements, conditions, covenants, provisions and stipulations contained in the Mortgage are hereby made a part of this Note to the same extent and with the same force and effect as if they were fully set forth herein, and Maker covenants and agrees to -2- f keep and perform them, or cause them to be kept and performed, strictly in accordance with their terms. If any monthly payment or any other payment due to Payee hereunder shall not be paid, in immediately available and collectible funds, within fifteen (15) days of its due date, Maker shall pay to Payee a late charge of five-cents (S.05) for each dollar of such amount so overdue. It is further understood that the following defaults shall constitute events of default hereunder and are hereinbefore and hereinafter referred to as an "Event of Default" or "Events of Default": (i) a default in the payment, in available and collectible funds, of any Monthly Installment or any other monetary sum due to Payee hereunder or under the Mortgage and such default is not fully cured within fifteen (15) days from the date on which it shall fall due, or (ii) a default in the performance of any of the non-monetary agreements, conditions, covenants, provisions or stipulations contained in this Note, or in the Mortgage and such default is not cured within thirty (30) days after receipt of written notice thereof, unless the cure of such non-performance or non-compliance would reasonably be expected to take longer than thirty (30) days, in which case the time within which to cure same shall be extended for such time as Payee shall reasonably deem necessary for such cure, provided that Maker commences said cure within the initial thirty (30) days and thereafter diligently prosecutes said cure to completion. Upon the occurrence of an Event of Default hereunder or under the Mortgage, Payee, at its option and without notice to Maker, may declare immediately due and payable the entire Principal Balance with interest accrued thereon at the Interest Rate to the date of such Event of Default and thereafter at a rate three percent (3%) per annum in excess of the Interest Rate (hereinafter referred to as the "Default Interest") and all other sums due by Maker hereunder or under the Mortgage, anything herein or in the Mortgage to the contrary notwithstanding; and payment thereof may be enforced and recovered in whole or in part at any time by one or more of the remedies provided to Payee in this Note or in the Mortgage. Immediately following such declaration by Payee, Payee shall deliver written notice thereof to Maker. Default Interest shall be in lieu of interest at the Interest Rate. In such case, Payee may also recover all costs of suit and other expenses in connection therewith, together with reasonable attorney's fees for collection, together with Default Interest on any judgment obtained by Payee from and after the date of any Sheriffs sale until actual payment is made by the Sheriff to Payee of the full amount due Payee. MAKER HEREBY IRREVOCABLY AUTHORIZES AND EMPOWERS ANY ATTORNEY OF ANY COURT OF RECORD WITHIN THE UNITED STATES OF AMERICA, OR ELSEWHERE, TO APPEAR, AFTER THE OCCURRENCE OF AN EVENT OF DEFAULT, FOR MAKER IN ANY ACTION BROUGHT AGAINST MAKER ON THIS NOTE AT THE SUIT OF PAYEE, WITH OR WITHOUT DECLARATION FILED, AND THEREIN TO CONFESS OR ENTER JUDGMENT OR A SERIES OF JUDGMENTS AGAINST ANY ONE OR MORE OR ALL OF THE PARTIES NAMED AS MAKER FOR THE ENTIRE UNPAID PRINCIPAL OF THIS NOTE AND ALL OTHER SUMS PAID BY PAYEE TO OR ON BEHALF OF MAKER PURSUANT TO THE TERMS OF THIS NOTE OR THE MORTGAGE, AND ALL ARREARAGES OF INTEREST THEREON, TOGETHER WITH COSTS OF SUIT AND REASONABLE ATTORNEY'S FEES FOR COLLECTION; AND FOR SO DOING THIS -3- NOTE OR A COPY THEREOF VERIFIED BY AFFIDAVIT SHALL BE A SUFFICIENT WARRANT. The authority granted herein to confess judgment shall not be exhausted by any exercise thereof but shall continue from time to time and at all times until payment in full of all the amounts due hereunder. No judgment or judgments against less than all of the Makers shall be a bar to a subsequent judgment or judgments against one or more of the Makers against whom judgment has not been obtained hereon. The remedies of Payee as provided herein, or in the Mortgage, and the warrants contained herein or in the Mortgage shall be cumulative and concurrent, and may be pursued singularly, successively, or together at the sole discretion of Payee, and may be exercised as often as occasion therefor shall occur; and the failure to exercise any such right or remedy shall in no event be construed as a waiver or release thereof. Maker hereby waives and releases all errors, defects and imperfections in any proceedings instituted by Payee under the terms of this Note, or of the Mortgage, as well as all benefit that might accrue to Maker by virtue of any present or future laws exempting the Mortgaged Property, or any other property, real or personal, or any part of the proceeds arising from any sale of any such property from attachment, levy, or sale under execution, or providing for any stay of execution, exemption from civil process, or extension of time for payment; and Maker agrees that any real estate that may be levied upon pursuant to a judgment obtained by virtue hereof, on any writ of execution issued thereon may be sold upon any such writ in whole or in part in any order desired by Payee. MAKER HEREBY EXPRESSLY WAIVES ALL RIGHTS TO LIMIT INDEBTEDNESS SECURED BY THE OPEN-END MORTGAGE AND SECURITY AGREEMENT AS PRESCRIBED BY SUBSECTION 8143(c) OF 42 PA. C.S.A., AND THE RECEIPT OF ANY WRITTEN NOTICE FROM MAKER ATTEMPTING TO RELEASE THE OBLIGATION OF PAYEE TO MAKE ANY FURTHER ADVANCES SHALL BE NULL AND VOID. Maker hereby waives presentment for payment, demand, notice of demand, notice of nonpayment or dishonor, protest and notice of protest of this Note, and all other notices in connection with the delivery, acceptance, performance, default, or enforcement of the payment of this Note, unless specifically required herein or in the Mortgage, and agrees that the liability of Maker shall be unconditional, without regard to the liability of any other party, and shall not be affected in any manner by any indulgence, extension of time, renewal, waiver or modification granted or consented to by Payee to another party. Maker consents to any and all extensions of time, renewals, waivers or modifications that may be granted by Payee with respect to the payment or other provisions of this Note, and to the release of the collateral or any part thereof, with or without substitution and agrees that additional makers, endorsers, guarantors, or sureties may become parties hereto without notice to them or affecting their liability hereunder. -4- Payee shall not be deemed, by any act of omission or commission, to have waived any of its rights or remedies hereunder unless such waiver is in writing and signed by Payee, and then only to the extent specifically set forth in the writing. A waiver on one event shall not be construed as continuing or as a bar to or waiver of any right or remedy to a subsequent event. If any term or provision of this Note or the application thereof to any person, property or circumstance shall to any extent be invalid or unenforceable as to the remainder of this Note, then the application of such term or provision to persons, properties and circumstances other than those as to which it is invalid or unenforceable, shall not be affected thereby, and each term and provision of this Note shall be valid and enforceable to the fullest extent permitted by law. Notwithstanding anything to the contrary contained in this Note or in the Mortgage, the effective rate of interest on the obligation evidenced by this Note shall not exceed the lawful maximum rate of interest permitted to be paid. Without limiting the generality of the foregoing, if the interest charged under this Note results in an effective rate of interest higher than that lawfully permitted to be paid, then such charges shall be reduced by the sum sufficient to result in an effective rate of interest no greater than the maximum effective rate of interest permitted by law and any amount that would exceed the highest lawful rate already received and held by the Payee shall be applied to a reduction of principal (without premium or penalty) and not to the payment of interest. Part of the consideration for the loan evidenced by this Note is that the loan (i) is and shall be deemed made under, governed by and construed and enforced in accordance with the internal law of the Commonwealth of Pennsylvania, (ii) is and shall be enforceable only in the State Courts of said Commonwealth with an action commenced in the Court of Common Pleas of Lancaster County, and/or in the Federal Courts of said Commonwealth with an action commenced in the United States District Court for the Middle District of Pennsylvania. Maker hereby waives any claim that Harrisburg or Lancaster, Pennsylvania is an inconvenient forum and any claim that any action or proceeding arising out of or relating to this Note and commenced in the aforesaid Courts lacks proper venue. Whenever used, the singular number shall include the plural, the plural the singular, the use of any gender shall be applicable to all genders, the word "Payee" shall be deemed to include the successors and assigns of Payee, and the word "Maker" shall be deemed to include DGK PROPERTIES, LP, and its respective successors and assigns. The captions preceding the text of the paragraphs or subparagraphs of this Note are inserted only for convenience of reference and shall not constitute a part of this Note, nor shall they in any way affect its meaning, construction or effect. SIGNATURES APPEAR ON FOLLOWING PAGE -5- IN WITNESS WHEREOF, this Note has been duly signed and delivered by the undersigned at the place and as of the day and year first above written. DGK PROPERTIES, LP, by its G / eral Partner, DGK RE, LLC By: (SEAL) ichael . Glass By:?o (SEAL) Victor Kicera -6- STATE OF CALIFORNIA COUNTY OF SAN DIEGO ss: On thisvc t day of L,Yrurp6y- , 2008, before me a notary public, the undersigned officer, personally appeared Michael S. Glass, who acknowledged himself to be a member of DGK RE, LLC, being the sole General Partner of DGK PROPERTIES, LP, Maker herein, and as such is authorized to execute the foregoing instrument on behalf of the said Maker for the purposes therein contained. ` . JU WI + + + O have hereunto set my hand and official seal. Conxnwion * t tf69M% Notary Public - cawwva . lion DleW county My comm. Evim Apr 15, Notary P blic COMMONWEALTH OF PENNSYLVANIA COUNTY OF LANCASTER ss: On this,30 day of 2008, before me a notary public, the undersigned officer, personally appeared Victor Kicera, who acknowledged himself to be a member of DGK RE, LLC, being the sole General Partner of DGK PROPERTIES, LP, Maker herein, and as such is authorized to execute the foregoing instrument on behalf of the said Maker for the purposes therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and official seal. Notary Public COMMONWEALTH OF PENNSYLVANIA NoWW Seel Pamela R Hagar; Notay pd* aly Of Lancaster, Lg E0" SOPt.2l?2(YN p""Ylvanla Association of Notaries -7- DISCLOSURE FOR CONFESSION OF JUDGMENT DGK PROPERTIES, L.P., a Pennsylvania limited partnership ("Maker"), having executed a certain Note (the "Note") in favor of FIRST COMMONWEALTH BANK ("Payee") on December Z4 , 2008, effective as of January (o 200% in the original principal amount of Six Hundred Fifty Thousand Dollars ($650,000.00), the security for which includes an Open-End Mortgage and Security Agreement of the same date (the "Mortgage") executed by Maker, acknowledges as follows: f 1. The Note and Mortgage contain provisions authorizing entry of judgment by confession. This means that judgment may be entered against any of the Maker without notice or a trial. I, { If judgment is entered against any of the Maker by confession, action maybe taken immediately to collect the judgment. This action could include immediate seizure of the assets of any of the Maker without prior notice or a hearing. y The Maker acknowledges that it has read and understood the provisions regarding entry of judgment by confession, and that the Maker is knowingly, understandingly, and voluntarily waiving its rights to resist the entry of judgment against the Maker, including the right to prior notice before either (i) the entry of judgment, or (ii) execution upon said judgment, and the Maker consents to the entry of judgment by confession and the immediate seizure of the assets of any Maker to satisfy said judgment. , -4. If the Maker (or any party comprising the Maker) is an individual, the Maker certifies that the annual income of each such individual exceeds S 10,000.00. IN WITNESS: DGK PROPERTIES, L.P. by its eneral Partner, DGK RE, LLC By: (SEAL) Mic ael S. lass f By: (SEAL) Victor Kicera Glass sworn and subscribed before me this day of pp \uW , 2008. r, I - ' - ?. ) ?J??"l Notaryublic McHwiouE ` canm ion # 15692% NotaY Public - C01bM'0 -8- Son Diego County r My Comm. Expbw Apr 15, Kicera sworn and subscribed before me this k'9' day of .2008. 14otary Public COMMONWEALTH OF PENNSYLVANIA Pamela R Hmftv Notwy Pic c ty Of U rxaster, Larxaster cw?y Wr Cmv"M E*hs Sept, 29 1 Member, Pennsylvanis Aasoolatlon of NoWdw BLAKINGER, BYLER & THOMAS, P.C. By: Susan P. Peipher, Esquire Attorney I.D. #87580 28 Penn Square Lancaster, PA 17603 (717) 299-1100 Attorneys for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW FIRST COMMONWEALTH BANK Plaintiff V. DGK PROPERTIES, LP Defendant No. / I -61G S C ;V) NOTICE PURSUANT TO 42 PA C.S.A. §2737.1 TO: DGK Properties, LP 701 Creekside Lane Lititz, PA 17543 C c 3 -ox _M y ...? ry r-n r - -or= t Mo ate, ? ? CD C*1) z ? n NOTICE IS HEREBY GIVEN THAT JUDGMENT IN THE ABOVE CAPTIONED MATTER HAS BEEN ENTERED AGAINST YOU. THE FOLLOWING IS THE PROCEDURE YOU MUST FOLLOW IN ORDER TO STRIKE JUDGMENT AND/OR SEEK TO HAVE THE JUDGMENT OPENED. PLEASE BE FURTHER ADVISED THAT YOU ARE ENTITLED TO COSTS AND REASONABLE ATTORNEY'S FEES AS DETERMINED BY THE COURT IF YOU HAVE BEEN INCORRECTLY IDENTIFIED. Rule 2959. Striking Off or Opening Judgment; Pleadings; 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 ofnotice 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 (30) 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 or 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 any levy or attachment shall be preserved while the proceedings to strike off or open the judgment are pending. If you have any questions concerning the above, please contact: Date: 21 ` BLAIU GER, BYLER & THOMAS, P.C. By: Susan P. Peipher, Esquire Attorney I.D. #87580 28 Penn Square Lancaster, PA 17603 (717) 299-1100 Attorneys for Plaintiff #605059 / 29791.001 C o ,s xrn ? rn? CD -? -- a BLAKINGER, BYLER & THOMAS, P.C. y?..° -v oq By: Susan P. Peipher, Esquire zca ?' = ? rn Attorney I.D. #87580 ' A 28 Penn Square N :-c Lancaster, PA 17603 (717) 299-1100 Attorneys for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW FIRST COMMONWEALTH BANK Plaintiff V. DGK PROPERTIES, LP No. ' I _ /_ ?(o S r v. I * fAk- Defendant AFFIDAVIT OF ADDRESSES COMMONWEALTH OF PENNSYLVANIA 'T?'.` : SS. COUNTY OF ?vb 1` ????? W being firs duly sworn upon 44S oath accord:z g to law, deposes and says: -riir 1. I am the V& of first Commonwealth Bank, the Plaintiff herein, and I am authorized to make this affidavit on its behalf 2. Plaintiff's address is 654 Philadelphia Street, Indiana, PA 15701. 3. The address of Defendant DGK Properties, LP is 701 Creekside Lane, Lititz, PA 17543. ffame: ?T7 P?1141?"t? ? Title: l ? t'u - lc/ SWORN TO and SUBSCRIBED be ore me this sfiday of 2011. NOTARY PUBLIC COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL, ROBIN L. MCCORMICK, NOTARY PUBLIC INDIANA BOROUGH, INDIANA COUNTY Imy COMMISSION EXPIRES JUNE 29, 2015 00605062/ (29791.001) BLAKINGER, BYLER & THOMAS, P.C. By: Susan P. Peipher, Esquire Attorney I.D. #87580 28 Penn Square Lancaster, PA 17603 (717) 299-1100 Attorneys for Plaintiff C?l r-1 Col -C-rl ? r ' q O 4 Ca r7l v IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW FIRST COMMONWEALTH BANK Plaintiff v. DGK PROPERTIES, LP Defendant No. / ! b e-6 5- C•u` I AFFIDAVIT OF BUSINESS TRANSACTION C r' R v?N b n rst duly?swom upon jtt/?oath according to law, deposes and says: I. I am theLA?t'j V"of First Commonwealth Bank, the Plaintiff herein, and I am authorized to make this affidavit on its behalf. 2. The transaction represented by the instrument attached to the Complai: t in Confession of Judgment filed in this matter was a business transaction and was not entered into for personal, family or household purposes, SWORN TO and SUBSCRIBED before me this I . j I -1rday of Grt4 C-r, 2011. Name: C Title: NOTARY PUBLIC COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL ROBIN L. MCCORMICK, NOTARY PUBLIC INDIANA BOROUGH, INDIANA COUNTY IMY COMMISSION EXPIRES JUNE 29 2015 #it05O84 n C c+ -a3 W BLAKINGER, BYLER & THOMAS, P.C. Z?.M By: Susan P. Peipher, Esquire -<> I Attorney I.D. #87580 r- 28 Penn Square zQ 3 Lancaster, PA 17603 (717) 299-1100 -a rv Attorneys for Plaintiff co IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW FIRST COMMONWEALTH BANK Plaintiff V. DGK PROPERTIES, LP Defendant No. -r =-'n ter, -Orn o° are AFFIDAVIT OF LENDER 6"T&-) f, • t?lJl 11eing first duly sworn upon +44s _ oath according to law, deposes and says: 1. I am thee!`-A1t#'Jt/k"tA P-Firsl?'l ommionh Bank, the Plaintiff herein, and I am authorized to make this affidavit on its behalf. 2. This is not an action by a seller, holder or assignee arising out of a retail installment sale contract or account. SWORN TO and SUBSCRIBED before me this .'31 s rday of 2011. (Q&L -?c -A?\o c?? NOTARY PUBLIC COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL 00605064/ (29791.001) ROBIN L. MCCORMICK, NOTARY PUBLIC INDIANA BOROUGH, INDIANA COUNTY IMY COMMISSION EXPIRES JUNE 29, 2015 c o -03 ao = -t Xrn -v 3 C)L Q BLAKINGER, BYLER & THOMAS, P.C. « , z ° By: Susan P. Peipher, Esquire ?o c- Attorney I.D. #87580 77 ? Dry 28 Penn Square Lancaster, PA 17603 `` (717) 299-1100 Attorneys for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW FIRST COMMONWEALTH BANK Plaintiff v. DGK PROPERTIES, LP Defendant No. C " AFFIDAVIT COMMONWEALTH OF ?efll/??Cy? ???1 ?' -Zj T 1 r SS. COUNTY 1 lil' ng first d ly sworn upon) f oath according to law, deposes and says: 1. I am theLo"tt IA6eti,W-T-of First C monwealth Bank, the plaintiff herein, and I zm authorized to make this affidavit on its behalf. 2. The instrument attached as exhibits to tli-- Complaint in Confession ofJudgment filed in this matter are true and correct copies of the original instruments. 3. The Defendant, DGK Properties, LP is in default of their obligations under the instrument attached as Exhibit "A" to the Complaint in Confession of Judgment, as more frilly set forth in the Complaint in Confession of Judgment. 4. As a result of the aforesaid default and pursuant to the acceleration, as of August 29, 2011, the total amount due to Plaintiff is $584,776.86, plus additional attorneys' fees and costs, calculated as follows: Principal $560,760.09 Interest through 8/29/11 13,176.56 Late Charges 840.21 Attorney Fees and Costs 10,000.00 TOTAL $584,776.86 Interest continues to accrue on the total owed from and after August 29, 2011, at the per diem rate of $96.44. Attorney's fees and costs also continue to accrue. The allegations contained in the Complaint in Confession of Judgment are true and correct to the best of my knowledge, information and belief. Name: Z Title: SWORN TO and SUBRIBED bef re me this 1 '5 day of ST , 2011. Notary Public C MMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL ROBIN L. MCCORMICK, NOTARY PUBLIC INDIANA BOROUGH, INDIANA COUNTY IMY COMMISSION EXPIRES JUNE 29, 2015 00607259 / (29791.001) ® -£# _ BLAKINGER, BYLER & THOMAS, P.C. z r - By: Susan P. Peipher, Esquire Attorney I.D. #87580 28 Penn Square Lancaster, PA 17603 na (717) 299-1100 co Attorneys for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW FIRST COMMONWEALTH BANK Plaintiff V. No. DGK PROPERTIES, LP Defendant PRAECIPE FOR ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Please assess damages now due on the judgment in this action against Defendant, DGK Properties, LP, as follows: Principal Interest through 08/29/2011 Late Charges Attorney Fees and Costs $560,760.09 13,176.56 840.21 10,000.00 TOTAL $584,776.86 Interest continues to accrue on the total owed from and after August 29, 2011, at the per diem rate of $96.44. Attorneys' fees and costs also continue to accrue. BLA NGER, B & THOMAS, P.C. Dated: ` By: Susan P. Peipher, Esquir Attorney I.D. No. 87580 Attorney for Plaintiff JUDGMENT AND ASSESSMENT OF DAMAGES I assess damages as above and judgment is entered for Plaintiff, First Commonwealth Bank and against Defendant, DGK Properties, LP in the amount of $584,776.86, plus continuing interest at the rate of $96.44 per diem, plus continuing costs and attorney fees. PROTHONOTARY OF CUMBERLAND COUNTY Dated: 00607398 / (29791.001) 2 BLAKINGER, BYLER & THOMAS, P.C. By: Susan P. Peipher, Esquire c Attorney I.D. #87580 rW Cn x-n 28 Penn Square M z= rn -o Lancaster, PA 17603 c? (717) 299-1100 4c, Attorneys for Plaintiff s IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PEN1 YgA14A CIVIL ACTION - LAW -, FIRST COMMONWEALTH BANK Plaintiff V. No. DGK PROPERTIES, LP Defendant JUDGMENT BY CONFESSION AND NOW, to wit this day of StieD T , 2011, a Complaint in Confession of Judgment having been filed and supporting affidavits having been filed, judgment is entered in favor of First Commonwealth Bank and against defendant, DGK Properties, LP in the amount of $584,776.86, plus interest from and after August 9, 2011, at the per diem rate of $96.44. PROTHONOTARY 00607255 / (29791.001) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW FIRST COMMONWEALTH BANK Plaintiff V. DGK PROPERTIES, LP Defendant No. /_ 6 r? S c v. / -? !n1 NOTICE OF ENTRY OF JUDGMENT, ORDER OR DECREE Pursuant to requirements of Pennsylvania Civil Procedural Rule #236, you are notified that there was entered in this office today, in the above-captioned case - [X ] Judgment of $ 584,776.86 for Plaintiff and against Defendant. [ ] Judgment for Defendant/s and against Plaintiffs. [ ] Order or Decree in favor of Dated: Se 4-? If LO (( PROTHONOTARY 3 ob q1r, 3wa Copy/Copies to DGK Properties, LP 701 Creekside Lane Lititz, PA 17543 00605445 / (29791.001)