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HomeMy WebLinkAbout13-1504 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA COMMONWEALTH OF IN THE COURT OF COMMON PLEAS PENNSYLVANIA by the CUMBERLAND COUNTY, DEPARTMENT OF COMMUNITY AND PENNSYLVANIA ECONOMIC DEVELOPMENT Plaintiff COLISEUM REAL ESTATE L: GROUP, INC., < = Defendant CIVIL ACTION - LAW CONFESSION OF JUDGMENT Pursuant to the authority contained in the Warrant of Attorney, the original or a copy of which is attached to the complaint filed in this action, I appear for the defendant and confess judgment in favor of the plaintiff and against defendant as follows: Principal Sum: $463,625.00 Accrued Interest: $104,959.45 Late Charges Due: $218.75 TOTAL: $568,80.2 BY:m— shua J. Vecchio Supreme Court No. 93354 Office of Chief Counsel Department of Community and Economic Development Commonwealth Keystone Building 400 North Street, Plaza Level O Harrisburg, PA 17120 -0225 /q Phone: 717 - 720 -7317 ffi !! - ao Fax: 717 - 772 -3103 Counsel for Plaintiff aR? /� A "O/ r it n C THIS IS NOT AN ARBITRATION CASE AN ASSESSMENT OF DAMAGES HEARING IS NOT REQUIRED Joshua J. Vecchio Supreme Court No. 93354 Governor's Office of General Counsel Department of Community & Economic Development 400 North Street, Plaza Level Harrisburg, PA 17120 -0225 (717) 720 -7317 - Phone (717) 772 -3103 - Fax jovecchio(a IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA COMMONWEALTH OF IN THE COURT OF COMMON PLEAS PENNSYLVANIA by the CUMBERLAND COUNTY, DEPARTMENT OF COMMUNITY AND PENNSYLVANIA ECONOMIC DEVELOPMENT, Plaintiff COLISEUM REAL ESTATE GROUP, INC., Defendant CIVIL ACTION - LAW COMPLAINT IN CONFESSION OF JUDGMENT UNDER PA.R.C.P 2951 1. Plaintiff, Pennsylvania Department of Community and Economic Development (hereinafter "Plaintiff"), is a political body organized and existing under and by virtue of the laws of the Commonwealth of Pennsylvania, having its principal place of business at the Commonwealth Keystone Building, 400 North Street, 4th Floor, Harrisburg, Pennsylvania 17120 -0225. 2. Defendant, Coliseum Real Estate Group, Inc. (hereinafter "Defendant "), is a Pennsylvania Corporation with a last known address of 518 Katrina Court, Mechanicsburg, Pennsylvania 17050. 3 On or about December 20, 2007, Defendant executed a Note in the principal amount of Five Hundred Six Thousand Dollars ($506,000.00). A true and correct copy of this Note is attached hereto as "Exhibit A ". 4. Defendant has defaulted on the Note attached hereto as "Exhibit A" by failing to make payments when due. 5 The judgment is not being entered against a natural person in connection with a consumer credit transaction. 6. No assignment has been made of the Note attached hereto as "Exhibit A." 7. Judgment has not been previously entered against the Defendant in any jurisdiction on the Note attached as "Exhibit A ". 8, The Defendant has thus become liable to Plaintiff for the following sum set forth in "Exhibit A ". Principal Balance $463,625.00 Accrued Interest through 03/18/2013 at 5.00% $104,959.45 Late Charges Due $218,75 TOTAL $568,803.20 9. Judgment is demanded as authorized by the Warrant of Attorney contained in Exhibit A. 10 The Warrant of Attorney appearing in the attached exhibit is less than twenty years old. WHEREFORE, Plaintiff demands judgment in its favor and against Defendant, Coliseum Real Estate Group, Inc., in the total amount of five hundred sixty eight thousand eight hundred three dollars and twenty cents ($568,803.20), together with interest accruing at the rate set forth in the instrument. COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF COMMUNITY & ECONOMC- -DEVELOPMENT Joshua J. Vecchio Supreme Court No. 93354 Office of Chief Counsel Department of Community and Economic Development Commonwealth Keystone Building 400 North Street, Plaza Level Harrisburg, PA 17120 -0225 Phone: 717 - 720 -7317 Fax: 717 - 772 -3103 Counsel for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA COMMONWEALTH OF IN THE COURT OF COMMON PLEAS PENNSYLVANIA by the CUMBERLAND COUNTY, DEPARTMENT OF COMMUNITY AND PENNSYLVANIA ECONOMIC DEVELOPMENT, Plaintiff V. : No. 1 COLISEUM REAL ESTATE GROUP, INC., Defendant CIVIL ACTION - LAW. 2 -L� C AFFIDAVIT COMMONWEALTH OF PENNSYLVANIA COUNTY OF DAUPHIN Kevin Rowland, being duly sworn according to law, deposes and says that he is a Director of the Loans Division for Plaintiff herein; that he is authorized to make this affidavit on behalf of Plaintiff that the facts set forth in the foregoing Complaint for Confession of Judgment are true and correct to the best of his knowledge, information and belief; and that the Exhibit attached to the Complaint is a true and correct copy of the original. BY: ! A<Vvin Rowland irector, Loans Division Sworn to and subsc4bed before me this /� day ,,af March, 2013. ' Notary ublic ` COMMON"A PENNSYLVANIA Notarial Seal Jennifer Ann Foorty, Notary Public city of Hanisburq, Dauphin County Commission Dec. 19, 2016 MEMBER, PENNVLVANIA ASSOC'AT'ON OF NOTARIES LAB!11 -02 -07 MELF #222050007 FIRST INDUSTRIES PROGRAM — TOURISM MACHINERY AND EQUIPMENT LOAN FUND NOTE Dated: December 20, 2007, and effective as of December 21, 2007 (the "Effective Date ") At: Camp Hill, Pennsylvania A $506,600 Maker: COLISEUM REAL ESTATE GROUP, INC., a corporation organized and existing under the laws of Pennsylvania (the "Maker "); Payee: COMMONWEALTH OF PENNSYLVANIA acting through the DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT (the "Department ") THIS NOTE IS EXECUTED AND DELIVERED PURSUANT TO A LOAN AGREEMENT BETWEEN THE DEPARTMENT AND THE MAKER (THE "LOAN AGREEMENT "), AND IS SUBJECT TO ALL THE TERMS AND CONDITIONS THEREOF, INCLUDING PROVISIONS FOR PREPAYMENT AND THE ACCELERATION OF THE MATURITY HEREOF UNDER CERTAIN CIRCUMSTANCES. THIS NOTE IS ENTITLED TO THE SECURITY PROVIDED FOR IN THE LOAN AGREEMENT. PURSUANT TO THE LOAN AGREEMENT AND SIMULTANEOUSLY WITH THE EXECUTION OF THIS NOTE, THE MAKER HAS EXECUTED AND DELIVERED TO THE DEPARTMENT A SECURITY AGREEMENT EFFECTIVE AS OF THE EFFECTIVE DATE SECURING THIS NOTE (THE "SECURITY AGREEMENT ") GRANTING THE DEPARTMENT A LIEN ON CERTAIN EQUIPMENT, AS MORE FULLY DESCRIBED ON EXHIBIT A OF THE SECURITY AGREEMENT (THE "EQUIPMENT "), AND THE OBLIGATIONS OF THE MAKER HAVE BEEN GUARANTEED BY THE GUARANTORS NAMED IN ONE OR MORE GUARANTIES DATED EFFECTIVE AS OF THE EFFECTIVE DATE DELIVERED TO THE DEPARTMENT (THE "GUARANTIES "). FOR VALUE RECEIVED, the Maker does hereby irrevocably promise to pay, without defalcation, to the order of the Department, as directed by the Department, in lawful money of the United States of America, at the latter's principal office in Harrisburg, Pennsylvania, or at such other places as the Department may designate, the sum of (1) the principal sum. of Five Hundred Six Thousand Six Hundred Dollars ($506,600), or so much thereof as shall be disbursed to the Maker pursuant to the terms of the Loan Agreement, together with interest as set forth below, and (ii) upon demand by the Department, all other amounts payable hereunder (including, without limitation, any late charge hereunder) or under the Loan Agreement or Security Agreement. Note Page I of 5 PAYMENT AND INTEREST RATE TERMS: The date of the first disbursement of the Loan, which shall be deemed to be the same as the date of the Department's first disbursement check, shall be called the "First Disbursement Date." Commencing on the first day of the second calendar month following the First Disbursement Date and continuing on the first day of each calendar month thereafter until the Loan and all accrued interest and other charges is fully paid, the Makers shall make payments comprising: (1) interest on the principal balance outstanding from time to time computed on each disbursed amount from the date of its disbursement (as determined by the date of the Department's check) at the rate of 7.75% per annum, or such greater rate as provided hereunder upon the declaration of an Event of Default, calculated on the 30/360 accrual basis; and (2) an installment of principal in an amount calculated to fully amortize the Loan in eighty -four (84) installments at the aforesaid interest rate. Upon each disbursement, the level monthly payment will be set at an amount calculated to fully amortize the outstanding principal balance of the Loan by the Maturity Date., as defined below. The entire outstanding balance of principal and all interest and other sums due hereunder or under the Security Agreement given to secure this Note, shall be due and payable on or before the first day of the eighty -fifth (85 calendar month following the First Disbursement Date (the "Maturity Date "). Payments received shall be applied in the following order: (1) past due interest, (ii) past due principal, (iii) current interest, (iv) current principal, (v) any expenditures by CFA for which Maker may be required to reimburse the CFA under the Loan Agreement or the Mortgage, and (vi) late charges. In the event any amount due hereunder shall not be paid within thirty (30) days after the due date, the Maker agrees to pay, in addition to interest accruing on such amount hereunder, a late charge of twelve and one -half percent (12 -1/2 %) per annum of any such overdue amount to compensate the Department for damages suffered because of the Maker's failure to snake prompt payments. ADDITIONAL COVENANTS OF THE MAKER: THE MAKER HEREBY COVENANTS AND AGREES AS FOLLOWS: 1. All the terms, covenants, conditions and provisions of the Security Documents, the Loan Agreement and the Guaranties are incorporated herein by reference and are made a part hereof. Note Page 2 of 5 2. An event of default hereunder (an "Event of Default ") shall be the occurrence of any Event of Default as defined in the Loan Agreement. 3. Upon the occurrence of an Event of Default other than an Event of Default deriving exclusively from a breach of Section 6.07, " Number of Jobs," of the Loan Agreement (a "Job Creation Default "), pertaining to job creation or retention, the Department may., in its discretion: (1) declare the whole unpaid balance of the principal indebtedness, together with all interest thereon and all other sums due hereunder, due and payable immediately without notice to the Maker; and (ii) increase the rate of interest under this Note to a rate not to exceed the greater of twelve and one -half percent (12 %2 %) per annum or the prime interest rate plus two percent (2 %) per annum. For purposes of this Note, the prime interest rate shall be the rate of interest per annum specified as Prime Rate in the Wall Street Journal under the table entitled "Money Rates." The increased rate of interest shall apply retroactively to the first date of the event or conduct giving rise to the declaration of the Event of Default and continue until such Event of Default is cured, and all additional unpaid interest that accrues from the first date of the event or conduct giving rise to the declaration of the Event of Default shall be immediately due and payable. 4. Upon the occurrence of a Job Creation Default, the Department shall have the right to increase the rate of interest under this Note up to the prime interest rate plus two percent (2 %) per annum unless the penalty is waived by the Secretary of the Department because such noncompliance is due to circumstances beyond the control of the Borrower. The increased rate of interest shall be effective as set forth in a written notice from the Department to the Maker and continue prospectively until the Note is paid in full. 5. THE FOLLOWING PARAGRAPH SETS FORTH A WARRANT OF AUTHORITY FOR AN ATTORNEY TO CONFESS JUDGMENT AGAINST THE MAKER. EXCEPT AS SPECIFICALLY PROVIDED HEREIN, IN GRANTING THIS WARRANT OF ATTORNEY TO CONFESS JUDGMENT AGAINST THE MAKER, THE MAKER HEREBY KNOWINGLY, INTENTIONALLY AND VOLUNTARILY, AND, ON THE ADVICE OF THE SEPARATE COUNSEL OF THE MAKER, UNCONDITIONALLY WAIVES ANY AND ALL RIGHTS THE MAKER HAVE OR MAY HAVE TO PRIOR NOTICE AND AN OPPORTUNITY FOR HEARING UNDER THE RESPECTIVE CONSTITUTIONS AND LAWS OF THE UNITED STATES AND THE COMMONWEALTH OF PENNSYLVANIA. IF THERE EXISTS AN EVENT OF DEFAULT AS DEFINED IN THIS NOTE WHICH REMAINS UNCURED THIRTY (30) DAYS AFTER WRITTEN NOTICE THEREOF IS GIVEN BY THE DEPARTMENT TO THE MAKER (OF WHICH AN AFFIDAVIT ON BEHALF OF THE DEPARTMENT SHALL BE SUFFICIENT EVIDENCE), THEN THE MAKER HEREBY IRREVOCABLY AUTHORIZES AND EMPOWERS ANY ATTORNEY OF ANY COURT OF RECORD IN THE COMMONWEALTH OF PENNSYLVANIA, OR ELSEWHERE, TO APPEAR FOR AND TO ENTER AND CONFESS JUDGMENT AGAINST IT, AT ANY TIME OR TIMES AND AS OF ANY TERM, FOR THE PRINCIPAL SUM ABOVE MENTIONED, WITH OR WITHOUT DECLARATION, WITH INTEREST AND COSTS OF SUIT, WITHOUT STAY OF EXECUTION, AND WITH REASONABLE ATTORNEY'S FEES. THE Note Page 3 of 5 MAKER AGREES THAT ANY OF ITS PROPERTY MAY BE LEVIED UPON TO COLLECT SAID JUDGMENT AND MAY BE SOLD UPON A WRIT OF EXECUTION, AND HEREBY WAIVES AND RELEASES ALL LAWS, NOW OR HEREAFTER IN FORCE, RELATING TO EXEMPTION, APPRAISEMENT OR STAY OF EXECUTION. THE AUTHORITY HEREBY GRANTED TO CONFESS JUDGMENT SHALL NOT BE EXHAUSTED BY ANY EXERCISE THEREOF, BUT SHALL CONTINUE FROM TIME TO TIME AND AT ALL TIMES UNTIL THE MAKER HAS PAID ALL SUMS REQUIRED TO BE PAID BY THE MAKER UNDER THIS NOTE, THE LOAN AGREEMENT AND THE SECURITY AGREEMENT AND HAS PERFORMED ALL OF THE OTHER PROVISIONS HEREOF OR THEREOF TO BE PERFORMEI) BY THE MAKER. THE DEPARTMENT MAY CONFESS ONE OR MORE JUDGMENTS AGAINST THE MAKER IN THE SAME OR DIFFERENT JURISDICTIONS FOR ALL OR ANY PART OF THE AMOUNT OWING HEREUNDER, WITHOUT REGARD TO WHETHER JUDGMENT HAS THERETOFORE BEEN CONFESSED ON MORE THAN ONE OCCASION FOR THE SAME AMOUNT OR AGAINST ANOTHER PARTY. IN THE EVENT ANY JUDGMENT CONFESSED HEREUNDER IS STRICKEN OR OPENED UPON APPLICATION BY OR ON THE MAKER'S BEHALF FOR ANY REASON, THE DEPARTMENT IS HEREBY AUTHORIZED AND EMPOWERED TO AGAIN APPEAR FOR AND CONFESS JUDGMENT AGAINST THE MAKER FOR ANY PART OR ALL OF THE AMOUNTS OWING HEREUNDER, AS PROVIDED FOR HEREIN, IF DOING SO WILL CURE ANY ERRORS OR DEFECTS IN SUCH PRIOR PROCEEDINGS. IF THE MAKER WISHES TO CHALLENGE ANY JUDGMENT CONFESSED PURSUANT TO THIS PARAGRAPH, IT SHALL DO SO ONLY BY FILING A PETITION TO OPEN THE JUDGMENT PURSUANT TO PENNSYLVANIA RULES OF CIVIL PROCEDURE RULE 2959, AS IN EFFECT FROM TIME TO TIME, ( "RULE 2959 ") AND SHALL NOT OTHERWISE INTERFERE (BY FILING ANY CIVIL ACTION, BILL IN EQUITY, OR OTHERWISE) WITH THE OPERATION OF THE JUDGMENT GRANTED PURSUANT TO THIS SECTION. THE MAKER EXPRESSLY ACKNOWLEDGES THAT THE PROCEDURE AVAILABLE TO IT THROUGH RULE 2959 WILL PROVIDE IT WITH A FULL AND FAIR OPPORTUNITY TO BE HEARD AS TO ANY REASON WHY JUDGMENT SHOULD NOT BE ENTERED AGAINST IT. THE MAKER ACKNOWLEDGES THAT IT UNDERSTANDS THE MEANING AND EFFECT OF THE CONFESSION CONTAINED IN THE FOREGOING PARAGRAPH. SPECIFICALLY, THE MAKER UNDERSTANDS AMONG OTHER THINGS THAT (1) IT IS RELINQUISHING THE RIGHT TO HAVE NOTICE EXCEPT AS PROVIDED HEREIN, AN OPPORTUNITY TO BE HEARD AND THE RIGHT TO HAVE THE BURDEN OF PROOF OF DEFAULT REST ON THE DEPARTMENT PRIOR TO THE ENTRY OF JUDGMENT, (2) THE ENTRY OF JUDGMENT MAY RESULT IN A LIEN ON ITS PROPERTY, (3) IT WILL BEAR THE BURDEN AND EXPENSE OF ATTACKING THE JUDGMENT AND CHALLENGING EXECUTION Note Page 4 of 5 ON THE LIEN AND SALE OF PROPERTY COVERED THEREBY, AND (4) ENOUGH OF ITS PROPERTY MAY BE TAKEN TO PAY THE PRINCIPAL AMOUNT, INTEREST, COSTS AND ATTORNEY'S FEES. 6. Prepayments of the entire principal indebtedness may be made at any time, without premium or penalty. 7. All of the covenants herein contained shall accrue to the benefit of the successors and assigns, voluntary or involuntary, of the Department. 8. Demand, grace, presentment for payment, protest, notice of dishonor or nonpayment and notice of the exercise of any option hereunder are hereby waived by the Maker and all Guarantors and endorsers hereof. 9. The remedies provided in this Note, the Loan Agreement, the Security Agreement, and the Guaranties or otherwise available to the Department for the enforcement of the payments hereunder and performance of the covenants, conditions, and agreements, matters and things herein and therein contained are cumulative and concurrent and may be pursued singly or successively or together at the sole discretion of the Department, and may be exercised from time to time as often as occasion therefor shall occur until the Department has been paid all sums due in full. 10. The terms and provisions of this Note are severable. In the event of the unenforceability or invalidity of any one or more of the terms, covenants, conditions or provisions of this Note under federal, state or other applicable law, such unenforceability or invalidity shall not render any other term, covenant, condition or provision hereunder unenforceable or invalid. In the event any waiver by the Maker hereunder is prohibited by law, including but not limited to the waiver of exemption from execution, such waiver shall be and be deemed to be deleted herefrom. 11. Capitalized terms used but not defined herein shall have the meanings ascribed to them in the Loan Agreement. IN WITNESS WHEREOF, intending to be legally bound hereby, the Maker has caused this Note to be duly executed, the day and year first above written. ATTEST: COLISEUNf REAL ESTATE GROUP, INC. —- By_ Presp dent Note Page 5 of 5 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA COMMONWEALTH OF IN THE COURT OF COMMON PLEAS PENNSYLVANIA by the CUMBERLAND COUNTY, DEPARTMENT OF COMMUNITY AND PENNSYLVANIA ECONOMIC DEVELOPMENT, Plaintiff V. No. r. COLISEUM REAL ESTATE GROUP, INC., Defendant CIVIL ACTION - LAW CERTIFICATION OF ADDRESSES =_ y Joshua J. Vecchio, attorney for the Commonwealth of Pennsylvania, Department of Community and Economic Development, certifies that the present address of the Plaintiff, Department of Community and Economic Development is, 400 North Street, Fourth Floor, Harrisburg, Pennsylvania 17120; and the last known address of Defendant, Coliseum Real Estate Group, Inc., is 518 Katrina Court, Mechanicsburg, Pennsylvania 17050. -- - -Joshua J. Vecchio Attorney for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA COMMONWEALTH OF IN THE COURT OF COMMON PLEAS PENNSYLVANIA by the CUMBERLAND COUNTY, DEPARTMENT OF COMMUNITY AND PENNSYLVANIA ECONOMIC DEVELOPMENT, Plaintiff ~ } V. No . � COLISEUM REAL ESTATE GROUP, INC., L - Defendant CIVIL ACTION - LAW AFFIDAVIT PURSUANT TO PA.R.C.P. 2951(a)(3) COMMONWEALTH OF PENNSYLVANIA COUNTY OF DAUPHIN Kevin Rowland, being duly sworn according to law, deposes and says that he is a Director in the Loans Division for Plaintiff herein that he is authorized to make this affidavit on behalf of Plaintiff, and that judgment is not being entered by confession against a natural person in connection with a consumer credit transaction. BY: vin owland irector, Loans Division Sworn to and subsc (ibed before me this day of.- March, 2013. r Notary ublic t COMMO NWEALTH OF PENNSYL Notarial Seal )enniret Ann Fogarty, Notary ? ub!ic I cty or Harrisburg, Daupnin County My ieanmissbn Expkes Dec. 19, M16 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA COMMONWEALTH OF IN THE COURT OF COMMON PLEAS PENNSYLVANIA by the CUMBERLAND COUNTY, DEPARTMENT OF COMMUNITY AND PENNSYLVANIA ECONOMIC DEVELOPMENT, Plaintiff V. No. COLISEUM REAL ESTATE GROUP, INC., _ -- Defendant CIVIL ACTION - LAW AFFIDAVIT THAT ACTION DOES NOT x ARISE OUT OF RETAIL INSTALLMENT CONTRACT COMMONWEALTH OF PENNSYLVANIA COUNTY OF DAUPHIN Kevin Rowland, being duly sworn according to law, deposes and says that he is a Director of the Loans Division for Plaintiff herein; that he is authorized to make this affidavit on behalf of Plaintiff; and that this is not an action by a seller, holder or assignee arising out of a retail installment sale, contract or account. BY: -Q, vin' Director, Loans Division Sworn to and sub cribed before me this { n it_ -day 9f March, 2013. tv Notary „ ublic COMMONWEALTH OF PENNSYL Notarial Seal Jennifer Ann Fogarty, Notary Public City of Harrisburg, Dauphin n 19unW My Commission Expires MEMBER, PENNSYLVANIA ASSOCIATION OF NOTARIES IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA COMMONWEALTH OF IN THE COURT OF COMMON PLEAS PENNSYLVANIA by the CUMBERLAND COUNTY. DEPARTMENT OF COMMUNITY AND PENNSYLVANIA ECONOMIC DEVELOPMENT, Plaintiff V. No. -- COLISEUM REAL ESTATE GROUP, INC., Defendant CIVIL ACTION - LAW -} -- AFFIDAVIT OF BUSINESS TRANSACTION COMMONWEALTH OF PENNSYLVANIA COUNTY OF DAUPHIN Kevin Rowland, being duly sworn according to law, deposes and says that he is a Director of the Loans Division for Plaintiff herein; that he is authorized to make this affidavit on behalf of Plaintiff; and that this transaction upon which judgment is being entered by confession was a business and commercial transaction. BY: Ik vin Rowland irector, Loans Division Sworn to and subW4�bed before me this ° ` "day of-March, 2013. "Rotary Pu lic COMMONWULTH OF PENNSYLVANIA Notarial Seal Jennifer Ann Fogarty, Notary Public City of Harrisburg, Dauphin county My Commission Expires Dec. 19, 2016 MEMBER, PENNSYLVANIA ASSOCIATION OF NOTARIES IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA COMMONWEALTH OF IN THE COURT OF COMMON PLEAS PENNSYLVANIA by the CUMBERLAND COUNTY, DEPARTMENT OF COMMUNITY AND PENNSYLVANIA ECONOMIC DEVELOPMENT, Plaintiff V. No. COLISEUM REAL ESTATE GROUP, INC., T Defendant CIVIL ACTION - LAW AFFIDAVIT OF NON - MILITARY SERVICE COMMONWEALTH OF PENNSYLVANIA COUNTY OF DAUPHIN Kevin Rowland, being duly sworn according to law, deposes and says that he is a Director of the Loans Division for Plaintiff herein and that to the best of his knowledge, information and belief the Defendant, Coliseum Real Estate Group, Inc., is not in the Military Service of the United States, nor any State or Territory thereof or its allies as defined in the Soldiers' and Sailors' Civil Relief Act of 1940 and the amendments thereto. BY: n 9 vin Rowland Director, Loans Division Sworn to and sub c 'bed before me this �day of March, 2013. otary ublic COM MONWEALTH OF PENNSYLVANI Notarial Seal Jennifer Ann Fogarty, Notary public City of Harrisburg, Dauphin county My Commission Expires Dec. 19, 2016 MEMBER, PENNSYLVANIA ASSOCIATION OF NOTARIES IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA COMMONWEALTH OF IN THE COURT OF COMMON PLEAS PENNSYLVANIA by the CUMBERLAND COUNTY, DEPARTMENT OF COMMUNITY AND PENNSYLVANIA ECONOMIC DEVELOPMENT, Plaintiff v. No. I J COLISEUM REAL ESTATE GROUP, INC., Defendant CIVIL ACTION - LAW 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. ❑ Judgment of $568,803.20 for Plaintiff and against Defendant. ❑ Judgment for Defendant and against Plaintiff. ❑ Order of Decree in favor of PROTHONOTARY CUMBERLAND COUNTY w Dated IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA COMMONWEALTH OF IN THE COURT OF COMMON PLEAS PENNSYLVANIA by the CUMBERLAND COUNTY, DEPARTMENT OF COMMUNITY AND PENNSYLVANIA ECONOMIC DEVELOPMENT, Plaintiff v. No. COLISEUM REAL ESTATE GROUP, INC.,, Defendant CIVIL ACTION - LAW Notice Under Rule 2958.1 of Judgment and Execution Thereon Notice of Defendant's Rights To: Coliseum Real Estate Group, Inc. 518 Katrina Court Mechanicsburg, Pennsylvania 17050 A judgment in the amount of $568,803.20 has been entered against you and in favor of the Plaintiff without any prior notice or hearing based on a confession of judgment contained in a written agreement or other paper allegedly signed by you. The sheriff may take your money or other property to pay the judgment at any time after thirty (30) days after the date on which this Notice is served on you. You may have legal rights to defeat the judgment or to prevent your money or property from being taken. YOU MUST FILE A PETITION SEEKING RELIEF FROM THE JUDGMENT AND PRESENT IT TO A JUDGE WITHIN THIRTY (30) DAYS AFTER THE DATE ON WHICH THIS NOTICE IS SERVED ON YOU OR YOU MAY LOSE YOUR RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP: Cumberland County Lawyer Referral Service Cumberland County Bar Association (717) 249 -3166 or (800) 990 -9108 (All referrals are handled by phone) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA COMMONWEALTH OF IN THE COURT OF COMMON PLEAS PENNSYLVANIA by the CUMBERLAND COUNTY, DEPARTMENT OF COMMUNITY AND PENNSYLVANIA ECONOMIC DEVELOPMENT, Plaintiff V. No. COLISEUM REAL ESTATE GROUP, INC., _- Defendant CIVIL ACTION - LAW AVERMENT OF DEFAULT _ c COMMONWEALTH OF PENNSYLVANIA COUNTY OF DAUPHIN Kevin Rowland, being duly sworn according to law, deposes and says that he is a Director of the Loans Division for Plaintiff herein; that he is authorized to make this affidavit on behalf of Plaintiff; and that Defendant entered into a Note dated December 20, 2007 in the principal amount of Five Hundred Six Thousand Dollars ($506,000.00). A true and correct copy of the Note is attached as Exhibit "A ". Deponent also avers that there is $568,803.20 due and owing under the Note. 6/1 BY: i vin owland irector, Loans Division Sworn to and subscribed before me this A� L day of March, 2013. otar)� ublic a IES W�►LTM OF PENNSYLVANIA — Notarial Sea► Ann Fogarty, Notary Public Harrisburg, Dauphin County mission Expires Dec. 19, 20 MEMBER. PENNSYLVANIA ASSOCIATION OF NOTAR IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA COMMONWEALTH OF IN THE COURT OF COMMON PLEAS PENNSYLVANIA by the CUMBERLAND COUNTY, DEPARTMENT OF COMMUNITY AND PENNSYLVANIA ECONOMIC DEVELOPMENT, Plaintiff V. No. COLISEUM REAL ESTATE GROUP, INC., r r Defendant CIVIL ACTION - LAW1 PRAECIPE FOR ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Please assess damages now due on the judgment in this action against Defendant as follows: Principal Sum: $463,625.00 Accrued Interest: $104,959.45 Late Charges Due: $218.75 TOTAL: $568,803 20 BY Joshua J. Vecchio Attorney for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA COMMONWEALTH OF IN THE COURT OF COMMON PLEAS PENNSYLVANIA by the CUMBERLAND COUNTY, DEPARTMENT OF COMMUNITY AND PENNSYLVANIA ECONOMIC DEVELOPMENT, Plaintiff V. No. COLISEUM REAL ESTATE GROUP, INC., Defendant CIVIL ACTION -LAW JUDGMENT AND ASSESSMENT OF DAMAGES 1 assess damages as above and judgment is entered for Plaintiff, Department of Community and Economic Development, and against Defendant, Coliseum Real Estate Group, Inc., in the amount of $568,803.20, plus interest after judgment at the rate of $218.75 per diem. PROTHONOTARY OF CUMBERLAND COUNTY Dated: