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HomeMy WebLinkAbout14-0771 COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW FESSENDEN HALL OF PA., INC. Plaintiff No. 1 ` GRETNA MILLWORKS, INC. d /b /a�' LEFEVER MILLWORKS o CIVIL ACTION Defendant < Cn CONFESSION OF JUDGMENT Pursuant to the authority contained in the warrant of attorney set forth in the Credit Application & Agreement attached as Exhibit "A" of the Complaint filed in this action, I appear for the Defendant, GRETNA MILLWORKS, INC. d/b /a LEFEVER MILLWORKS, and confess judgment in favor of Plaintiff and against the Defendant as follows: Principal $52,534.81 Attorneys fees $13,133.70 TOTAL $65,668.51 AMATO KEATING AND LESSA, P.C. By: Michael R. Lessa, Atty ID #88617 Attorney for Plaintiff 107 North Commerce Way Bethlehem, PA 18017 (610) 866 -0400 JUDGMEN EN ABOVE ov atl, Prd Court Civil Division Al COURT OF COMMON PLEAS OF`CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW , FESSENDEN HALL OF PA., INC. Plaintiff No. VS. : GRETNA MILLWORKS, INC. d/b /a - LEFEVER MILLWORKS CIVIL ACTION Defendant COMPLAINT FOR CONFESSION OF JUDGMENT FOR MONEY UNDER RULE 2951(b) "� cr: -< Plaintiff files this civil action pursuant to Pennsylvania Rule of Civil Procedure 2951 (b) for judgment by confession and avers the following: 1. The Plaintiff, Fessenden Hall of PA., Inc., is located at 3021 Industry Drive, Lancaster, PA 17603. 2. The Defendant, Gretna Millworks, Inc. d/b /a Lefever Millworks, is located at 185 Hempt Road, Mechanicsburg PA 17050. 3. On or about March 6, 1998, Defendant, for good and valuable consideration received, executed and delivered to Plaintiff a written Credit Application & Agreement ( "Agreement "), a true and correct copy of which is attached hereto, made a part hereof and marked Exhibit "A." 4. Pursuant to the Agreement, Defendant agreed to make timely monthly payments to Plaintiff. 5. Defendant has failed to make timely payments to Plaintiff under the Agreement. 6. Defendant is currently in default of the Agreement by virtue of its failure to make timely payments to Plaintiff under the Agreement. 7. As a consequence of the foregoing default, Defendant is indebted to Plaintiff in the following amount: Principal $52,534.81 Attorneys fees $13,133.70 TOTAL $65,668.51 8. A Statement of Account, showing the principal balance(s) due, is attached hereto, made a part hereof and marked Exhibit "B." 9. Pursuant to the terms and provisions of the Agreement, Plaintiff exercises its option to confess judgment for the entire sum of money which may be due or become due under the attached Agreement. 10. The attached Agreement has not been assigned by Plaintiff. 11. Judgment has not been entered on the attached Agreement in any jurisdiction. 12. Judgment is not being entered against a natural person in connection with a consumer credit transaction. 13. Pursuant to the terms and provisions of the Agreement, Defendant agreed to interest at the rate of 2% per month. 14. Plaintiff is entitled to interest at the agreed rate of 2% per month, going forward. WHEREFORE, Plaintiff demands judgment against Defendant, Gretna Millworks, Inc. d/b /a Lefever Millworks, in the sum of $65,668.51, plus interest and costs as authorized by the warrant of attorney provisions of the attached Agreement. AMATO�KE AND LESSA, P.C. Michael R. Lessa, Atty ID #88617 Attorney for Plaintiff 107 North Commerce Way Bethlehem, PA 18017 (610) 866 -0400 VERIFICATION hereby states that he /she is the of Plaintiff in this action, and verifies that the statements made in the attached Complaint are true and correct to the best of his /her knowledge, information and belief. The undersigned understands that the statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW FESSENDEN HALL OF PA., INC. Plaintiff No. vs. GRETNA MILLWORKS, INC. d/b /a - LEFEVER MILLWORKS CIVIL ACTION st �, Defendant -� C=) -�. C) AFFIDAVIT CD � t �� ' — r c I> COMMONWEALTH OF PENNSYLVANIA P COUNTY OF NORTHAMPTON The undersigned hereby certifies that the attached Complaint for Confession of Judgment for Money Under Rule 2951(b) is not being entered against a natural person in connection with a consumer credit transaction. This action does not arise out of a retail installment sale, contract or account. The transaction upon which the judgment is being entered was a business transaction. Michael R. Lessa SWORN TO AND SUBSCRIBED BEFORE ME THIS to DAY OF 2014 A. . C. . NOTARY PUBLI COMM ONWEALT H OF PENNSYLVANIA Notarial Seal Michelle C. Bright, Notary Public City of Bethlehem, Northampton County My Commission Expires June 6, 2015 Mpa tt; 0ENNSy tdANIA ASS6CIATION OF NOTARIES COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW'' FESSENDEN HALL OF PA., INC. ' = «' ' V r7 . ter.... � Plaintiff No. VS. cm r' N)'��. GRETNA MILLWORKS, INC. d/b /a -< = ` LEFEVER MILLWORKS CIVIL ACTION Defendant CERTIFICATION OF ADDRESSES OF PARTIES I, Michael R. Lessa, attorney for Plaintiff, hereby certify that the last known addresses for the Plaintiff and Defendant are as follows: Fessenden Hall of PA., Inc. 3021 Industry Drive Lancaster, PA 17603 Gretna Millworks, Inc. dba Lefever Millwork 185 Hempt Road, Mechanicsburg PA 17050 AMATO KEATING LESSA, P.C. By: - Michael R. Lessa, Atty ID 488617 Attorney for Plaintiff 107 North Commerce Way Bethlehem, PA 18017 (610) 866 -0400 SENT BY : +FAX : 8^ 6 -9.8. rVal -19AA 1 11 IV bb3ltib 717 Z" 174011: : COINFIII►ENTIAL CREDIT' APPLICATION & AGREEMENT SECTION I.: APPLICANT ( 9USINL .SS �`�s t �- :.. l e l he SNIPPMOADDRUb: � ►+ w ll ' 171,LM ADDRESS: ' S'FATBs. STATE: Z IP: COUNTY: r BUSAVSSS PHONB SUSINBSS FAX: NUN'AIER OFY.BAm A$LISHED: NUM99R.OFVM?L0YB$S: 6 ESTIMATED MON'THI.Y P[I CRA LE0AL'BN T-M'. I cORPORATrON ( ) PARTNERED I 1 SOLE PROPisyH PSHIP SALE TAX N M'B82 TYP9,OFE1]S S: -1 � (' u'E YOUR B SM. 8111=1NOOWN { I REWED j NCAMB.OF LANDLo*RDf1ymRTr.AGE compANY: iL�A21L,,�s AD37ItESS Se TEI�+FIOtt$ NUIvIH�R: � '�. ��`� , SECTIONU. OWNERS (IFAPPWAA'T IS SOLS:PsPF,Rmm SHIP;OR •PAR'TNERSHIP) OR OTTICERS (IF A CORPORATION) :NAME TITLE tIQ ADDItESS,.t3iY Zp' HOtVIETRONEKo. SOCIALSBCIIRTTY4 9ECT%0N=- BANK - OR SAVIi tOS LOAN ASSOCIATION BANK NAME/ NAME OF CONTACT ADDRESS ACCOUNT,NO, PPON13 #0170ANK CONTACT' AN _ 141 9e. 1444 Fla 5Ild SIrCTiON IV, APPLICAYtt i"S PRINCIPAL SUPPL1BAS (US TAT T:B:AST THRBL) NAME ADDRESS. = STATE, ZIP: ACComr. NO. PHONE NO, r t 40AJ lb S - ���7 1�v� �i��•s AGRii EMEiV Y 7 RiVIS: in consideradog of tho extensicn.vfw eiiit:to iheAppllesat (ivtoo FESSEND13N HALL reserves the rapt to grant, tevo or rnoeii`y dt �iy " tithe),bo Appilcant ogmes to pay for aU itunc doliverad or sav{ce8 tettdCtEit4b, thtApplieam in accordance with Nit tertas of each Idvoiee. Applieadt dgtees thatthe terms and condittoas.of tale Bt�ted'ori much itrvolees� hell bo 0 optitrutbetcvoan FE &SSifiENIIA[� n�d.thtApplioant Applicant agrees that a monthly aarvice charge of 296 pev month or the h19hbst'anrermf legally allowed shttli bd ysjabte aii:ali sut:ia dao FBS$BND$N HALL; which, have not -been paid by. the Soth day .9f the follg moNh wingbilting, andApplkant 4grees.W promptly PaYsaid aervies.abatIIe: Ati p'dtihlanataervicc charge, cotdpitebd b� rya same heals will be dne:and payable tray 3o. dayieiiettatta Waivacol• Any one ormoreservleecherSeashalioQtbaQeetnedta: baawafverof .futureu+rVloeohaiges; ► pplicaatrepteaauata3 ?ESSENDENHALLihat its purbhaaea will be solely for commerctal'proposes, THB APPLICANT AUTfI0Ii128S. T}i$ CTS •PROTHONOTARY OR ATTORNBI' OF.ANY COURT OF RECORD TO APPkAR FOR THE APPLICANT AN R COlvF$SS 3tJCG i4C}AW3T TIIE APPLICANT FOR ANY SUM' TINPAID UNDER SUCH INVOICES. Should' it become necessary topiae -bo account with a cobbc[ton'dgei:oy or nitor5ey, Qlc Applicants eesto:pay. ell eoliectlon,egendy tioste and attorney �� landdidon to•al {.utiieratrmsdue. Apptic�nt aathorizes FESSI'dVDHDi H:gLL to ot+taincted$ andfinancial inforiiiotion cortcCmingdteAPpltcatat atrirfytitnt iutdfrbm any sotrrca. TH33 UNIDERSIGM 1VAKPkWgTS: *TfiA7 IFIB ABOYT AGRB)~tvD3NT.HAS BBBN CAR$FULLY R>rAD AND THAT 71APLICANT I73TFsit S THE: t113CJVE'PAOVISIONS $O 8$ LisCIAtLY SINDINtC tlPbly ACG'BPTANCS. DF7HE'CIEBDTT APPLICATION BY FOSBNDEN HALL. .lq!kME T L13 WCTNESS SICINIA .... — AT `'" a EXHIBIT a 01/0fi/14 09:17 AM EST 856-665=6518 via VST-FAX Pag 2 of .3 9123724 EZ Cust# L.05-50 LErEVER MILLWORK Sa WELSH ------------ ------------------------- Contact CINDY Balance 48,53`6 33 Lot 0 1: 1,3 C-DTP 11.5 Phon.s# 717-691-7800 (In Order: 0. 00 RDY Afft. 4, 236, 2'0 PDTP 16.0 Fax.# 717-6:91.-7881 CT Limit 50, .00-0. 00 C.heck# 20400 It H 90 82.9 - - - - - - - - - - - - --- - --- - - - - - - - - Inv# Date Gust PO. 40ount P,*a y!n.e t CUrr Over 10 Over 6.0 over td ------ -------- ------- - --------- --------- -------- -------- -------- -------- 162927 07/29/13 7744 1,456.56 500-00. 11/261'11 CHK-# 2-0J65 350,-56 12-/0-2`/`13 'CHK# 20319 153499 08/.01/}.3 7744. 290.72 600.00 29AD. 72 163500 0'9/01/13 7744 72.:90 7'2.9.6. 163501 08/D1/13 7744 31.00 3.1.00 18:3562 08101113 7748 :20.0. 64 200.64 164478 06/0511.3 7755 2, 120 50 1, 109, 3-b- 09?96i1 CHK# 1011.90 165053 08107113 7780 975,96 296-80 0'9/26113 CHK# 67*9- 16 166042 08/12113 7764 8,89, 97 889;., 97 . 168839' 00/14/13 7 152. 50 3152.50 .16'.6641 08/14/13 7770 2, 141. 12 1, 73b. 32 09/26/13 CHK# 404, 8.0 1-6654e 00/14/13 7.776 167, 60 167: 68 1,67567 08/19/23 1781 4' 475. 05 4475.. 06 158094 08/21/1.3 7755 31, 00 31" 0 16809.5 08/21/13. 7781 114.24 114.24 lasm 0812.:1/13 7791 6.51. 50 168097 08/21/1.3 7791 1,925.30 1925. 30 169066 00/26/13 7781 351.60 351,QO I59.067 , 02/26/13 7781 i17.20. 117. 159:068 oele6/13 7797 54.4..58 544, 58 16 08/26113 7797 10'7.36 10.7;36 159070, 0:8/26/13 7799 23 ; 1.60 831.60 5. 0 9 0 1.945. do 6 169581 08/28/1.3 7791 1 4 16.9582 08/28113 7797 - 504. 00 504; .i .00 169583 09/29/13 7906 382.88 38:2„ 88 0-58349 139706 4.4. 40 :0:8/.29./1.3 CHK# 4. 48 08/30/13 7797 6.8, 97 97 170784 09/04/13 7791 24.70 24.7:0 170785 09/04/13 7805 869.28 069.2$ 170786 09/04/13 7805 901.12 901 170787 09/04/13 7911 1, 008. 20 10.03. zo 171146 09/09/13 7815 2,441.32 24!41-i32 172285 09/11./13 7818 92... 64 92. 64 179896 09/11/13 7818 3:,. 4:3 1. 0.1 34:31. B1 173195 09/16113 7823 2 28:57. 50 •1,7377.6 09/18/'13. 7 8;-3 5 2.81. 60 291. so 173777 091191'19 7836 1,749. 61 17.49 6 174664 09123/13 7824 1,012, 80 1-012. 80 17460.5 09/23/13 7835 337.:92 337.92 174666 09/2-3/13 7840 1, i54. 80 1164.'80 175225 09/25113 7824 135.04 135,04 175226 09125/13 7835. 128.00 1.2 8.'00 17522.7 0'0/25/13 7851 I 036. 63 1 6.3 175228 09/25113 1852; 87, 00 0. 7, 00 tj EXHIBIT 01/06114 09:17 A11 ES7 Via V11-FAX page 3 of : 1 kig372il Q E C:ust# 10550 L8*FEVER MILLWORK S6leSReP-. WELSH ---------- ----------------------------- - ---------------------- Contact CINDY Balance 4 8, 530. 33, L St. Pa.y. 12-/17/13 COTP 11.5 phono* 71.7-691-7.800 an Or(jer: 0.00 Paq -Amt 4, 235. 20 # PDTF Fax# 717-69.1-7891 Cr Lit "it .5 0. 000. 00 Che'ck# H 90 6.29 !nV# hate Cust P(3 Amount Pa; yment Carr Over 3.0 Over 6.0 Over 00 ------ -------- ------- --------- ----------- - ------- -------- -------- -------- 176126 0'9/30/13 78 2 4 6.7 80 6M 2:0 17'6127 0,9/30/13 782.4 209-o 56 202.56 17:6120 09130/13 7857 1, 651. 79 1.651. 7.9 176721 10/02/0 7863 1,759..44 1 * 7,. 5944 177763 16/07/13 7870 832.38 178266 l0/08/13 7871 905.. G5 8 05:.05 178267 1010 7871 270.08 270..'08. 1806,71 10/2.1/13 7881 67.52 67, 52 18 10/28/13 7892 354.30 354-.3'0 183,25.7 ll/Cf/13 16741 32: 5.6 3.9. 66 18-3688 11/04113 , 7899 270. 08 27.0, 08 184223 ll/ . 00/13 7902 175, BE 52 1.851 11111/1 . 3 7903 30.88 30. 88 185610 11113/13. 79:08 47D. 80 :4.70.:80 188478 1 1121/13 7914 175.. 68 175.68 188661 12tol.in 15771 339,54 338..54 191627 12/18/13° 79,17 1,41-9. 00 141.2. 00 19162e 12./16/i3; 7919 554.50 554.50 1 i2/16*/-13 1921 1 1207.'2.8 1,91630 .12/16/1 79.24° 136. 95 136.95 1.93875 01/01/14 16802 6.51, 20. 651.e0 CURR- .Balance Payme:hts Current Over 30 Over .60 Over .90 ------------ ------------ ----------- ----------- ------------ 94 1,015. 9.0 1,975.11 4:1 583. 3 0 & Current Over 30. Over BO Ov er 9:0* As of 051.20 3,310.74 1,.461.60 43,112.89 COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW FESSENDEN HALL OF PA., INC. C' V f Plaintiff No. vs. GRETNA MILLWORKS, INC. d /b /a LEFEVER MILLWORKS CIVIL ACTION Defendant NOTICE OF JUDGMENT To: Gretna Millworks, Inc. d/b /a Lefever Millworks 185 Hempt Road Mechanicsburg PA 17050 Pursuant to Pa. R.C.P. No. 236, you are hereby notified that judgment by confession has been entered against you for $65,668.51 in the above captioned matter. A copy of all documents filed with the prothonotary in support of the within judgment are enclosed. Date:- J PROTHONOTA Y - B ND CO Per: �a If you have any questions concerning the above, please contact the undersigned. AMATO KEATING AND LESSA, P.C. B Michael R. Lessa, Atty ID #88617 Attorney for Plaintiff 107 North Commerce Way Bethlehem, PA 18017 (610) 866 -0400 COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW FESSENDEN HALL OF PA., INC. Plaintiff : No. 14 -771 Civil vs. GRETNA MILLWORKS, INC. d /b /a LEFEVER MILLWORKS : CIVIL ACTION Defendant(s) r 1--G , -o Gy NOTICE UNDER RULE 2958.1 OF JUDGMENT AND EXECUTION THEREON /- NOTICE OF DEFENDANT'S RIGHTS TO: GRETNA MILLWORKS, INC. d /b /a LEFEVER MILLWORKS A judgment in the amount of $65,668.51 has been entered against you and in favor of the Plaintiff without any prior notice or hearing based on a confession of judgment contained in a written agreement or other paper allegedly signed by you. The sheriff may take your money or other property to pay the judgment at any time after thirty (30) days after the date on which this notice is served on you. You may have legal rights to defeat the judgment or to prevent your money or property from being taken. YOU MUST FILE A PETITION SEEKING RELIEF FROM THE JUDGMENT AND PRESENT IT TO A JUDGE WITHIN THIRTY (30) DAYS AFTER THE DATE ON WHICH THIS NOTICE IS SERVED ON YOU OR YOU MAY LOSE YOUR RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (717) 249 -3166 AMATO AND LESSA, P.C. By: Michael R. Lessa, Esq., Atty ID #88617 Attorneys for Plaintiff 107 North Commerce Way Bethlehem, PA 18017 (610) 866 -0400 A DEBT COLLECTION LAW FIRM Ronny R Anderson Sheriff Jody S Smith Chief Depu Richard W Stewart Solicitor SHERIFF'S OFFICE OF CUMBERLAND COUNTY [r 1-E PRO -AoviT8-. `&&8PP / / �N ��� ... ^ " CUMBERLAND CCUN PENNSYLVANIA OrF.Cii THE VErif FP Feddenden Hall of PA, nc. vs. Gretna Miliworks, Inc. d/b/a Lefever Millworks Case Number 2014-771 SHERIFF'S RETURN OF SERVICE 04J04/2014 03:22 PM - Sheriff Ronny R Anderson, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit: Gretna Millworks, Inc. d/b/a Lefever Millworks, but was unable to locate the Defendant in his bailiwick. The Sheriff therefore returns the within requested Notice as "Not Served" at 185 Hempt Road, Silver Spring, Mechanicsburg, PA 17050. Address is vacant, deputies were advised by a neighbor that the business closed three weeks ago and laid off the employees. SHERIFF COST: $44.30 ' SO ANSWERS, April 07, 2014 /�� R ANDERSON, SHERIFF Scott A. Dietterick, Esquire Supreme Court I.D. #55650 JSDC Law Offices PO Box 650 Hershey, PA 17033 (717) 533 -3280 sad@jsdc.com FESSENDEN HALL OF PA., INC., PLAINTIFF rILED-OFFICE w OF THE PROTHONOTARY 2014 OR 22 API 10: 6 CV PNSYD ENLVCOUNTY : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNA v. : NO. 14-771-CIVIL GRETNA MILLWORKS, INC., d/b /a LEFEVER MILLWORKS, DEFENDANT : CIVIL ACTION — LAW DEFENDANT'S PETITION TO OPEN AND /OR STRIKE CONFESSED JUDGMENT And now, comes the Defendant, Gretna Millworks, Inc., d/b /a Lefever Millworks, by and through its attorneys, JSDC Law Offices, and files this Petition to Open and/or Strike Confessed Judgment as follows: 1. No authorized officer executed a document on behalf of Defendant authorizing 4• confession of judgment. 2. The Complaint containing the document allegedly containing the warrant of attorney permitting Plaintiff to enter judgment by confession was never served upon Defendant, only the Notice under Rule 2958.1. 3. Defendant believes it has valid defenses, set -offs, or credits against the amounts claimed owed by Plaintiff. WHEREFORE, Defendant respectfully requests that this Honorable Court issue a Rule upon Plaintiff to show cause why Plaintiffs judgment by confession should not be opened and /or stricken pursuant to Pa.R.C.P. 2959. Date: JSD BY: Scott A. iet Frick, Esquire Attorneys for Flaiutief PA I.D. # 55650 Po Box 650 Hershey, PA 17033 (717) 533 -3280 FESSENDEN HALL OF PA., INC., : IN THE COURT OF COMMON PLEAS PLAINTIFF : CUMBERLAND COUNTY, PENNA v. NO. 14-771-CIVIL GRETNA MILLWORKS, INC., d/b/a LEFEVER MILLWORKS, DEFENDANT : CIVIL ACTION — LAW VERIFICATION I, Sandy Fogle, on behalf of Gretna Millworks, Ind., d/b/a Lefever Millworks, depose and say subject to the penalties of 18 Pa.C.S.A., sec.4904 relating to unsworn falsification to authorities that the facts set forth in the foregoing pleading are true and correct to the best of my information, knowledge and belief. Date: q FESSENDEN HALL OF PA., INC., : IN THE COURT OF COMMON PLEAS PLAINTIFF : CUMBERLAND COUNTY, PENNA v. : NO. 14-771-CIVIL GRETNA MILLWORKS, INC., d/b/a • LEFEVER MILLWORKS, - DEFENDANT : CIVIL ACTION — LAW CERTIFICATE OF SERVICE The undersigned hereby certifies that a true and correct copy of the foregoing Petition to Open and/or Strike Confessed Judgment was served on the following this 2014 via First Class U. S. Mail, Postage Pre-paid: Date: 0)01--1 Michael R. Lessa, Esquire 107 North Commerce Way Bethlehem, PA 180147 JSDC OFFICES BY: day of April, Denise L. Foster, Paralegal V FESSENDEN HALL OF PA., INC., : IN THE COURT OF COMMON PLEAS PLAINTIFF v. GRETNA MILLWORKS, INC., dlb/a LEFEVER MILLWORKS, DEFENDANT AND NOW, this 6* day of : CUMBERLAND COUNTY, PENNA • • : NO. 14-771-CIVIL • • : CIVIL ACTION — LAW , 2014, upon consideration of Defendant's Petition to Open and/or Strike Confessed Judgment pursuant to Pa.R.C.P. 2959, a Rule is hereby issued upon Plaintiff to Show Cause why the judgment entered by confession at the above- captioned term and number should not be opened and/or stricken. Rule Returnable days from the date of service of this Rule. Any execution on the Confessed Judgment is hereby Stayed pending final determination of Defendant's Petition. BY THE CO R J. Thomas A. Piney Common Pleas Judge COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW FESSENDEN HALL OF PA., INC. Plaintiff vs. GRETNA MILLWORKS, INC. d/b/a LEFEVER MILLWORKS Defendant : No. 14-771 CIVIL : CIVIL ACTION PLAINTIFF'S ANSWER TO DEFENDANT'S PETITION TO OPEN AND/OR STRIKE CONFESSED JUDGMENT Plaintiff, by and through the undersigned counsel, files the within Answer to Defendant's Petition to Open and/or Strike Confessed Judgment: 1. Denied as a conclusion of law. Without waiving the foregoing, the operative documentation was clearly signed by a "Stanley Gerberich" who identified himself as the president of the Defendant corporation. Furthermore, the records of the Pennsylvania Department of State - of which this Court may take judicial notice - clearly reflect that Stanley Gerberich is the registered president, secretary and treasurer of Defendant. (A true and correct copy of said records are attached hereto as Exhibit "A.") Accordingly, it is specifically denied that Stanley Gerberich did not have the authority to execute the written agreement with Plaintiff. 2. Denied. Notice of a confessed judgment is served upon a defendant in the same manner as any judgment, pursuant to Rule 236(a)(1). The Rule 236 Notice was served upon Defendant at their registered address. A true and correct copy of the Court's Rule 236 Notice, together with the accompanying documentation is attached hereto, made part hereof and marked Exhibit "B." Accordingly, it is specifically denied that Defendant was not served with Plaintiff's Complaint. Ii is admitted, however, that Defendant received Plaintiff's Rule 2958.1 Notice. 3. Denied as stated. This averment is legally irrelevant to a petition to strike a judgment. Moreover, in order to support a petition to open a judgment, the petitioner is required to set forth its defenses with specificity. Accordingly, Defendant's mere assertion of a belief that it has "valid defenses, set -offs or credits" - without specificity as to the nature of those defenses, set -offs or credits - is legally insufficient to support a petition to open a judgment. Furthermore, Defendant has not plead any of the other common law requirements supporting a petition to open a judgment. WHEREFORE, for the reasons set forth above, Plaintiff respectfully asks that Defendant's Petition to Open and/or Strike Confessed Judgment be denied. AMATO KEATING STD LES SA, P.C. By: Michael R. Lessa, Atty ID #88617 Attorney for Plaintiff 107 North Commerce Way Bethlehem, PA 18017 (610) 866-0400 • COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW FESSENDEN HALL OF PA., INC. Plaintiff vs. GRETNA MILLWORKS, INC. d/b/a LEFEVER MILLWORKS Defendant(s) : No. 14-771 Civil : CIVIL ACTION CERTIFICATE OF SERVICE The undersigned certifies that a true and correct copy of Plaintiffs Answer to Defendant's Petition to Open and/or Strike Confessed Judgment was served via first class mail, postage prepaid on May 1, 2014: Scott Dietterick, Esq. James Smith Dietterick & PO Box 650 Hershey, PA 17033 AMATO K ATING AND LESSA, P.C. By: Michael R. Lessa, Esq., Atty ID #88617 John R. Keating, Esq., Atty ID #52779 David A. Lovejoy, Esq., Atty ID #19829 Justin N. Davis, Esq., Atty ID #84464 Daniel A. Wechsler, Esq., Atty ID #203922 Paul F. Troisi, Esq., Atty ID #309511 Attorneys for Plaintiff 107 North Commerce Way Bethlehem, PA 18017 (610) 866-0400 A DEBT COLLECTION LAW FIRM Business Entity Page 1 of 2 Corporations Online Services 1 Corporations 1 Forms 1 Contact Corporations 1 Business Services Search By Business Name By Business Entity ID Verify Verify Certification Online Orders Register for Online Orders . Order Good Standing Order Certified Documents Order Business List My Images Search for Images Date: 4/30/2014 (Select the Zink above to view the Business Entity's Filing History) Business Entity Filing History Business Name History Name Name Type GRETNA MILLWORKS, INC. Current Name Business Corporation - Domestic - Information Entity Number: 2777974 Status: Active Entity Creation Date: 10/1/1997 State of Business.: PA Registered Office Address: Mailing Address: 2856 PINCH RD MANHEIM PA 17545-0 Lancaster No Address Officers Name: Title: Address: STANLEY GERBERICH President 185 HEMPT RD MECHANICSBURG PA 17050- 2605 Name: Title: Address: STANLEY GERBERICH Secretary 185 HEMPT RD MECHANICSBURG PA 17050- 2605 Name: Title: Address: STANLEY GERBERICH Treasurer 185 HEMPT RD MECHANICSBURG PA 17050- 2605 https://www.corporations.state.pa.us/corp/soskb/Corp.asp?1696094 4/30/2014 Business Entity Page 2 of 2 Copyright © 2002 Pennsylvania Department of State. All Rights Reserved. Privacy Policy 1 Security Policy https://www.corporations.state.pa.us/corp/soskb/Corp.asp?1696094 4/30/2014 q005 I i CG COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW No. )Lfl)1 C t;f1 FESSENDEN HALL OF PA., INC. Plaintiff vs. GRETNA MILLWORKS, INC. d/b/a LEFEVER MILLWORKS Defendant : CIVIL ACTION NOTICE OF JUDGMENT To: Gretna Millworks, Inc. d/b/a Lefever Millworks 185 Hempt Road Mechanicsburg PA 17050 Pursuant to Pa. R.C.P. No. 236, you are hereby notified that judgment by confession has been entered against you for $65,668.51 in the above captioned matter. A copy of all documents filed with the prothonotary in support of the within judgment are enclosed. Date: PROTHONOTARY - CUMBER).AND CQ Per: If you have any questions concerning the above, please contact the undersigned. AMATO KEATING AND LESSA, P.C. By: Michael R. Lessa, Atty ID #88617 Attorney for Plaintiff 107 North Commerce Way Bethlehem, PA 18017 (610) 866-0400 a EXHIBIT Q • COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW FESSENDEN HALL OF PA., INC. Plaintiff vs. GRETNA MILLWORKS, INC. d/b/a LEFEVER MILLWORKS Defendant No /9 7)/ : CIVIL ACTION CONFESSION OF JUDGMENT Pursuant to the authority contained in the warrant of attorney set forth in the Credit Application & Agreement attached as Exhibit "A" of the Complaint filed in this action, I appear for the Defendant, GRETNA MILLWORKS, INC. d/b/a LEFEVER MILLWORKS, and confess judgment in favor of Plaintiff and against the Defendant as follows: Principal $52,534.81 Attorneys fees $13,133.70 TOTAL $65,668.51 AMATO KEATING AND LESSA, P.C. By: JUDGMEN NT A?A.BOV 0 Prothonotary/Clerk of Court Civil Division Michael R. Lessa, Atty ID #88617 Attorney for Plaintiff 107 North Commerce Way Bethlehem, PA 18017 (610) 866-0400 • COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW FESSENDEN HALL OF PA., INC. Plaintiff vs. GRETNA MILLWORKS, INC. d/b/a LEFEVER MILLWORKS Defendant No. lq 6;1 / : CIVIL ACTION CERTIFICATION OF ADDRESSES OF PARTIES I, Michael R. Lessa, attorney for Plaintiff, hereby certify that the last known addresses for the Plaintiff and Defendant are as follows: Fessenden Hall of PA., Inc. 3 021 Industry Drive Lancaster, PA 17603 Gretna Millworks, Inc. dba Lefever Millwork 185 Hempt Road, Mechanicsburg PA 17050 AMATO KEATING.AND LESSA, P.C. By: Michael R. Lessa, Atty ID #88617 Attorney for Plaintiff 107 North Commerce Way Bethlehem, PA 18017 (610) 866-0400 • COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW FESSENDEN HALL OF PA., INC. Plaintiff : No. vs. GRETNA MILLWORKS, INC. d/b/a LEFEVER MILLWORKS : CIVIL ACTION Defendant AFFIDAVIT COMMONWEALTH OF PENNSYLVANIA COUNTY OF NORTHAMPTON The undersigned hereby certifies that the attached Complaint for Confession of Judgment for Money Under Rule 2951(b) is not being entered against a natural person in connection with a consumer credit transaction. This action does not arise out of a retail installment sale, contract or account. The transaction upon which the judgment is being entered was a business transaction. Michael R. Lessa SWORN TO AND SUBSCRIBED BEFORE ME THIS L> 4'^ DAY OF 2014 A. NOTARY PUBLI COMMONWEALTH OF PENNSYLVANIA Notarial Seal Michelle C. Bright, Notary Public Oty of Bethlehem, Northampton County My Commission Expires June 6, 2015 viEI iBEIt; PENnsromiuIA ASSOCIATION OF formes COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW FESSENDEN HALL OF PA., INC. Plaintiff : No. vs. GRETNA MILLWORKS, INC. d/b/a LEFEVER MILLWORKS : CIVIL ACTION Defendant COMPLAINT FOR CONFESSION OF JUDGMENT FOR MONEY UNDER RULE 2951(b) Plaintiff files this civil action pursuant to Pennsylvania Rule of Civil Procedure 2951 (b) for judgment by confession and avers the following: 1. The Plaintiff, Fessenden Hall of PA., Inc., is located at 3021 Industry Drive, Lancaster, PA 17603. 2. The Defendant, Gretna Millworks, Inc. d/b/a Lefever Millworks, is located at 185 Hempt Road, Mechanicsburg PA 17050. 3. On or about March 6, 1998, Defendant, for good and valuable consideration received, executed and delivered to Plaintiff a written Credit Application & Agreement (''Agreement"), a true and correct copy of which is attached hereto, made a part hereof and marked Exhibit "A." 4. Pursuant to the Agreement, Defendant agreed to make timely monthly payments to Plaintiff. 5. Defendant has failed to make timely payments to Plaintiff under the Agreement. 6. Defendant is currently in default of the Agreement by virtue of its failure to make timely payments to Plaintiff under the Agreement. COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW ft./- FESSENDEN HALL OF PA., INC. Plaintiff vs. GRETNA MILLWORKS, INC. d/b/a LEFEVER MILLWORKS Defendant AND NOW, this No. 14-771 CIVIL : CIVIL ACTION ORDER day of , 2014, upon consideration of Defendant's Petition to Open and/or Strike Confessed Judgment, and Plaintiff s response thereto, it is HEREBY ORDERED that said Petition is DENIED. J. COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW FESSENDEN HALL OF PA., INC. Plaintiff : No. 14-771 Civil vs. GRETNA MILLWORKS, INC. d/b/a LEFEVER MILLWORKS : CIVIL ACTION Defendant co 0 %'L,17 c2 PLAINTIFF'S MOTION TO SCHEDULE HEARING/ARGUMENT ON DEFENDANT'S PETITION TO OPEN/STRIKE CONFESSED JUDGMENT Plaintiff, by and through its undersigned counsel, moves this Court for an Order to schedule a hearing/argument on Defendant's Petition to Open/Strike Confessed Judgment, and in support thereof says as follows: 1. On February 10, 2014, Plaintiff confessed judgment against the Defendant in the amount of $65,668.51. A copy of said judgment is attached hereto, made a part hereof and marked Exhibit "A." 2. On April 22, 2014, Defendant filed a Petition to Open/Strike Confessed Judgment, a copy of which is attached hereto, made a part hereof and marked as Exhibit "B." 3. This Court entered a Rule Returnable on April 25, 2014, requiring Plaintiff to Show Cause why the judgment should not be opened/stricken within 20 days from that date. A copy of said Rule is attached hereto, made a part hereof and marked as Exhibit "C". 4. On May 5, 2014, Plaintiff filed an Answer to Defendant's Petition to Open/Strike Confessed Judgment, a copy of which is attached hereto, made a part hereof and marked as Exhibit "D". WHEREFORE, Plaintiff respectfully requests that this Court enter an Order scheduling this matter for a hearing/argument on Defendant's Petition to Open/Strike Confessed Judgment. AMATO ATIN ; ND LES SA, P.C. By: Michael R. Lessa, Esq., Atty ID #88617 Attorney for Plaintiff 107 North Commerce Way Bethlehem, PA 18017 (610) 866-0400 COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW FESSENDEN HALL OF PA., INC. • Plaintiff : No. 14-771 Civil vs. GRETNA MILLWORKS, INC. d/b/a LEFEVER MILLWORKS : CIVIL ACTION Defendant(s) CERTIFICATE OF SERVICE The undersigned certifies that a true and correct copy of Plaintiffs Motion to Schedule Hearing/Argument on Defendant's Petition to Open/Strike Confessed Judgment was served via first class mail, postage prepaid on June 27, 2014, upon: Scott Dietterick, Esq. James Smith Dietterick & PO Box 650 Hershey, PA 17033 AMATO KFATING AND LESSA, P.C. By: Michael R. Lessa, Esq., Atty ID #88617 John R. Keating, Esq., Atty ID #52779 David A. Lovejoy, Esq., Atty ID #19829 Daniel A. Wechsler, Esq., Atty ID #203922 Paul F. Troisi, Esq., Atty ID #309511 Attorneys for Plaintiff 107 North Commerce Way Bethlehem, PA 18017 (610) 866-0400 A DEBT COLLECTION LAW FIRM LiOOS TZC COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW No. )(A FESSENDEN HALL OF PA., INC. Plaintiff vs. GRETNA MILLWORKS, INC. d/b/a LEFEVER MILLWORKS Defendant : CIVII, ACTION NOTICE OF JUDGMENT To: Gretna Millworks, Inc. d/b/a Lefever Millworks 185 Hempt Road Mechanicsburg PA 17050 Pursuant to Pa. R.C.P. No. 236, you are hereby notified that judgment by confession has been entered against you for $65,668.51 in the above captioned matter. A copy of all documents filed with the prothonotary in support of the within judgment are enclosed. Date: oZjlbf 1`f PROTHONOTARY - CUMBER ,AND CQ Y Per " 1) '� If you have any questions concerning the above, please contact the undersigned. AMATO KEATING AND LESSA, P.C. By: Michael R. Lessa, Atty ID #88617 Attorney for Plaintiff 107 North Commerce Way Bethlehem, PA 18017 (610) 866-0400 ALL -STATE LEGAL® EXHIBIT COURT OF COMMON PLEAS OF CUMBERLAND. COUNTY, PENNSYLVANIA CIVIL ACTION - LAW FESSENDEN HALL OF PA., INC. Plaintiff vs. GRETNA MILLWORKS, INC. d/b/a LEFEVER MILLWORKS Defendant No. Pi- 7 )1 Co; / : CIVIL ACTION CERTIFICATION OF ADDRESSES OF PARTIES I, Michael R. Lessa, attorney for Plaintiff, hereby certify that the last known addresses for the Plaintiff and Defendant are as follows: Fessenden Hall of PA., Inc. 3021 Industry Drive Lancaster, PA 17603 Gretna Millworks, Inc. dba Lefever Millwork 185 Hempt Road, Mechanicsburg PA 17050 AMATO KEATINGAND LESSA, P.C. By: Michael R. Lessa, Atty ID #88617 Attorney for Plaintiff 107 North Commerce Way Bethlehem, PA 18017 (610) 866-0400 COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW FESSENDEN HALL OF PA., INC. Plaintiff vs. GRETNA MILLWORKS, INC. d/b/a LEFEVER MILLWORKS Defendant No /9 -» : CIVIL ACTION CONFESSION OF JUDGMENT Pursuant to the authority contained in the warrant of attorney set forth in the Credit Application & Agreement attached as Exhibit "A" of the Complaint filed in this action, I appear for the Defendant, GRETNA MILLWORKS, INC. d/b/a LEFEVER MILLWORKS, and confess judgment in favor of Plaintiff and against the Defendant as follows: Principal $52,534.81 Attorneys fees $13,133.70 TOTAL $65,668.51 AMATO KEATING AND LESSA, P.C. By: Michael R. Lessa, Atty ID #88617 Attorney for Plaintiff 107 North Commerce Way Bethlehem, PA 18017 (610) 866-0400 JUDGME ..t A4ABOV ei to n!... Prothonotary/Clerk of Court Civil Division COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW FESSENDEN HALL OF PA., INC. Plaintiff vs. GRETNA MILLWORKS, INC. d/b/a LEFEVER MILLWORKS Defendant No. CIVIL ACTION AFFIDAVIT COMMONWEALTH OF PENNSYLVANIA COUNTY OF NORTHAMPTON The undersigned hereby certifies that the attached Complaint for Confession of Judgment for Money Under Rule 2951(b) is not being entered against a natural person in connection with a consumer credit transaction. This action does not arise out of a retail installment sale, contract or account. The transaction upon which the judgment is being entered was a business transaction. Michael R. Lessa SWORN TO AND SUBSCRIBED BEFORE ME THIS 1,) DAY OF 2014 A. NOTARY PUBLI • COMMONWEALTH OF PENNSYLVANIA Notarial Seal Michelle C. Bright, Notary Public City of Bethlehem, Northampton County M Commission Expires )une 6, 2015 mE f i• pEl4PosrtrrANiA AssemnoN of nOTARIES COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW FESSENDEN HALL OF PA., INC. Plaintiff . No. vs. GRETNA MILLWORKS, INC. d/b/a LEFEVER MILLWORKS : CIVIL ACTION Defendant COMPLAINT FOR CONFESSION OF JUDGMENT FOR MONEY UNDER RULE 2951(b) Plaintiff files this civil action pursuant to Pennsylvania Rule of Civil Procedure 2951 (b) for judgment by confession and avers the following: 1. The Plaintiff, Fessenden Hall of PA., Inc., is located at 3021 Industry Drive, Lancaster, PA 17603. 2. The Defendant, Gretna Millworks, Inc. d/b/a Lefever Millworks, is located at 185 Hempt Road, Mechanicsburg PA 17050. 3. On or about March 6, 1998, Defendant, for good and valuable consideration received, executed and delivered to Plaintiff a written Credit Application & Agreement ("Agreement"), a true and correct copy of which is attached hereto, made a part hereof and marked Exhibit "A." 4. Pursuant to the Agreement, Defendant agreed to make timely monthly payments to Plaintiff. 5. Defendant has failed to make timely payments to Plaintiff under the Agreement. 6. Defendant is currently in default of the Agreement by virtue of its failure to make timely payments to Plaintiff under the Agreement. 7. As a consequence of the foregoing default, Defendant is indebted to Plaintiff in the following amount: Principal $52,534.81 Attorneys fees $13,133.70 TOTAL $65,668.51 8. A Statement of Account, showing the principal balance(s) due, is attached hereto, made a part hereof and marked Exhibit "B." 9. Pursuant to the terms and provisions of the Agreement, Plaintiff exercises its option to confess judgment for the entire sum of money which may be due or become due under the attached Agreement. 10. The attached Agreement has not been assigned by Plaintiff. 11. Judgment has not been entered on the attached Agreement in any jurisdiction. 12. Judgment is not being entered against a natural person in connection with a consumer credit transaction. 13. Pursuant to the terms and provisions of the Agreement, Defendant agreed to interest at the rate of 2% per month. 14. Plaintiff is entitled to interest at the agreed rate of 2% per month, going forward. WHEREFORE, Plaintiff demands judgment against Defendant, Gretna Millworks, Inc. d/b/a Lefever Millworks, in the sum of $65,668.51, plus interest and costs as authorized by the warrant of attorney provisions of the attached Agreement. AMATO KEATING AND LESSA, P.C. By: Michael R. Lessa, Atty ID #88617 Attorney for Plaintiff 107 North Commerce Way Bethlehem, PA 18017 (610) 866-0400 VERIFICATION -- -- _ , hereby states that he/she is the (1- LergZ "; of 'cip aq—„Aft. ri ac__, Plaintiff in this action, and verifies that the statements made in the attached Complaint are true and correct to the best of his/her knowledge, information and belief. The undersigned understands that the statements herein are made subject to the penalties of I8 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. SENTB.rOFFIC.E+FAX• 3- 6,48 ;II3:13AN A 1 7 V)* 17kRriir. I ' • -!.:1•):1:1'1.4' CONFIDENTIAL CRDIThPPLICATIOJJ & AGREEMENT SECTION APPLICANT (BUSINESS OR CORPORATE NAME)• fobiLitivew P&A teatiAt SHIPPINGADDRESS• -71(CL CITY:. itA,A441Y0STATEfick- BII,LING ADDRESS' ice STATE' • • ZIP. COUNTY;9EUEEklItSS PNONE:i kg 7s .1. r . Thugroggs pAx• 717 46‘ 31‘ 4Veleq. NUMBER OF MAU AELISKED: _i_.— NIIMBER.OF EMPLOYEES: ESTIMATED NtIONTHLY PURCHA . • 12 LEGALSNTITYI .CORFORAITON ( PARTNERSHIP f !SOLE PROPRIETORSHIP SALES TAN NUMBER TYPEOF BUS . Mic-UkiC14 c1446 PA." _ j - • IS YOUR BUSINESS BUILDING OWNS?: [ 1 RENTED: NAME OF LANDLORD/MORTGAGE COMPANY: ADDRESS az TELEP)19nrymm• • .142c .-;g1,41 . [SECTION fr. OWNERS (IF -APPLICANT IS SOLE FROFRISIDRSIWP OR PARTNERSH/P) OR. OFFICERS (IF A C.ORPORATION) NAME TITLE MO MB ADDRHSSACITY, STA Zip 1103,01E.PHONE NO zparg., SECURITY t 81PV*101A116*., r491/3kr 1.714°4 litat.V001446: * ':71.1"431I- pft 1 -70 -hr SECTION ILL BANK SAVINGS LOAN ASSOCIATION BANK NAMEINAME OP CONTACT ADDRESS CONTACT CPKICW, itoW gr. i 1444, fikuGiAilM ) Atwg., SECTION IV, APPLICANTS PRINCIPAL SUPPLIERS (LIST AT LE.ASTTHREE) ADDRESS, CITY, STAMM. ACCOUNT NO. 10A.ikikkee ACCOUNT NO. "HONE OF BANK NAME 44 btUL cg Ittou•r c44-teirk tANO... foAnAeu- F-50 ckia PHONE NO. 81447' 915'9 235-- p/tA tcrikAP,1 VIA PA GO.;-6)-11- ACREWENTTERMSi constdcratiort of tho'enternion of aced ti theAppliettra (tyltich FES MINDEN HALL reset vu the right to gram, revolt -I KE dme), ihe Applicant sages to pay for a items deli -most or services rendetelto, theApplicam, m accordance with the wrens of each harden. Applicant agrees that Use tarns and conditions of sale aged On midi Invobteiltall be a contierbotutenisESSENDENNALL sod the Applicant. Applicant agrees !hit& monthly orrice chsrge of 2% pee month or At highest ornMint legally allowed Antl be pnyiblei oh all trans due FESSENDENHALL..wIngt hove not been paid by the Mb day of the month f011owing ng,ond Applicant agrees to promptly pey said service chimp, addhlanefaindoe charge, cordPilied ontho mune baSia will be d ocandpay able every H/ dayithereaftez. Waiver °Noy one of more service charges shall limbs deemed W. be 4 Waiver of ftutto service charges: Applicant raprelenfatollESSENDEN HALL that its purchases will be solely for commercial 'moms. ME APPLICANT AUTHORIZES:THE cuiRK._PROTHONOTARY.ORATTORNEY OF.ANY COURT OP RECORD TO APPEAR FOR THE APPLICANT AND CONFESS Amonmary AGAINST THE APPLICANT FOR ANY SUM UNPAID UNDER SUCK INVOICES Shouldk become necessary to piece the .aceount with a coIlicrias tigeoey az attorney:. tho Applicant. ;gotta to /ay a collegian agency Casts and GEtdrileY few In oddIdon will Other snots due. Appliettnt authorizes PESSENDEN, HALL wobtainetedli and ftnancial inforrinitionednecotinitheAPiilleantstloiy titan and from any source. THE UNDERSIGNED WARRANTS -THAT THE ABOVE AGR.HEMENT.HAS HON. CAREFLIIIY READ AND THAT APPLICANT INTENDS THEABCAE PROVISIONS TO ills .I.BOALLY BINDING•UPON ACCEPTANCE. OFTHECRBTATAPPLICATION BY FES SENDBN HALL. NAME SIONA n.yrirs. WITNESS EXHIBIT A 01/06/14 09;17 AH EST 856-665'55I8 via VST -FAX Paye.•2 of 3 *123724 8E Cust* L0550 LEFEVER MILLWORK So.lesR.ep: WELSH - 03/98 Contact CINDY Phone* 717-891-7800 Fax* 717-691-7881 Inv* Date Cust PO 162927 07/29/13 7744 163499 08/.01/13 7744 163500 08/01/13 7744 163501 08/01/13 7744 183502 08/01/13 7748 164478 08/05/1.3 7755, 165053 08/07/13 7760 166042 08/12/13 7764 166839 08/14/13 7755 166641 09/14/13 7770 166642 167567 188094 168095 168095 168097 169066 189.057 169068 169069 189070 169581 16.9592 169583 0-58349 170215 170784 170785 170786 170787 171746 172285 172286 173195 •17377.6 173777 174684 174665 174668 175225 1752:26 175227 175228 08/14/13 08/19/13 08/2'1/13 08/21/13 0812:1/13 08./21/1.3 08/26/13 08/28/13 08/26/13 09/28/1'3 08/'26/13 08129/1.3 08/28/13 08/28/13 08/30/13 09/04/13 09/04/13 09/04/13 09/0.4/13 09/09/13 09/11%13 09/11/13 09/18/13 09/18/13 09718/1.3 08/23/13 09/23/13 09/23/13 09/25./13 09/25/13 09/25/13 09/25/13 7.776 7781 7755 7781 7791 7791 7781 7781 7797 7797 7798 7791 7797 7806 139706 7797 7791 7806 7806 7811 7816 7818 7818 7823 7835 7 636 7824 7835 7846 7.924 7835 7851 7852 Balance : 48, 538. 33 Lst Pay: 1:2/17/1,3 ; COTP' 11.5 On Order: 0. 00 ; Pay Ain't: 4,238, 20 ; POTP 100 Cr Limit: 50,008,00 ; C.heck* 20409. H 90,829 Amount Payment Curr Over 30 Over 60 Over 90 1,456.56 500, 00. 11/28/13 CHK4 20305 356,56 12./02/13 CHK'* 203.72 290. 72 72.06 31.00 200.64 120. 60 1., LOB. 8..0 09/25/13 CHKt 975:96 296,80 09/26/13 CHK# 889. 97 3, 152. 50 2, 141, 12 1, 738, 32 09/26/13 CHK* 167. 68 4, 475, 96 31. 00 11.4. 24 651. 50 1, 925. 30 351. 60 117, 20. 544. 58 107. 38 231. 60 1, 945. 00 504, 00 382. 88 68, 97 24. 70 869. 28 901. 12 1., 003. 20 2, 441: 32 92. 64 3, 431. 8.1 2, 957. 50 2.81. 60 1., 749. 61 1, 012, 80 337. .92 1, 164. 80 135. 04 128. 00 1, 038. 63 87, 00 44.48 81/29/13 CHK* 600.00 290. 72 72, 96. 91. 00 200. 64 1011. 80 879.. 15 959.. 97 3152. 50 404. 80 167. 68 4475. 05 31. 00 11.4. 24 851, 50 1825. 30 351. 50 117. 20 544. 58 107. 36 231. 60 1945. 00 504; 00 362. 88 -44, 48 68. 97 24. 70 869. 28 901. 12 1003. 20 2441: 32 92. 64 3431. 81 2857. 50 281. 80 1749. 61 1012. 80 337. .92 1184. 80 135. 04 128. 00' 1036. 63 87, 00 01/06/14 09:17 AK EST 856-665-6518 via VST -FAX Page 3 of 3 1123724 0E Cuat* L0550 LEFEVER MILLWORK ;. SelesRep: WELSH - 03/98 Contact CINDY Phone* 717-691-7800 Fax 717-69.1-7881 • Inva gate Cust PO 176126 08/.30/13 7824 178127 09/30/13 7824 176128 09/30/13 7857 176721 10/02/13 7853 177763 10/07/13 7870 178266 10/08/13 7871 178267 10/08./13 7071 1806.71 10/21/13 7881 102153 10/28/.13 7892 18325,7 11/01/13 16741 1816188 11/04/13 7899 164223 11/05/13 7902 185125 11/11/13 7803 185610 _11/13/13. 79.08 188478 11/27/13 7914 188661 12/01%13 16771 191827 12/16/13 79.17 191028 12/16/13 7919 191629 12/16/13 7921 191630.12/16/13 7924 1.93875 01/01/14 CURR- Balance 58, 534. 8.i' 1 Balance : 1 On Order: 1 Cr Llmit: Amount 675.20 202.56 1, 851. 79 1,759,44 83'2. 38 8.05, 05 270. 08 67. 52 354. 30 32: 58 270, 08 175, 52 30. 88 470. 60 175. 68 338. 54 1, 41.2. 00 554, 50 1, 207. 28 136, 96 16802 6:51, 20. Payments Current 3,961,94 48,536.33 Lst Pay: 12/17/13 1 CDTP 11.5 0. OD 1 Pay Amt: 4, 236. 20 :1 PDTP 100 50, 00.0. 00 1 Check* ; 20409 ;. H 90, 829 Payment = a= a a a a,a a a a a= =.3.10.C.,==.0,=== aaea=aa.aa.aa=a=a,wea===aeaae a c s c m a w. a c a O e s ... l a w a. e s;e s. 'a e = = =aaa = = = Current As OF 01/31/14 651:20 a..naev.avaavn:xaawva===aa.we-a traeeea.:aaa Curr Over 38 Over 60 Over 90 ----- 675.28 202. 56 1651.78 1759.44 832. 38 141.2, 00 •554. 50 1'207. '28 • 136. 96 851, 20 Over 30 1, 015. 90 aa.aa.a*waa 30.88 470,90 175. 68 338..54 Vor 805. 05 270., 08 67, 52 354_. 30 32. 56 27.0, 08 1.75.. 52 Over BO 1, 975. 11 adaew.a.M-aaa. Over 30 Over 60 3., 310. 74 1,461.50 a.wwwwmaiede====elaa'aawa Over .90 41,583.38 Over 80 43, 112.89 4N '44 FESSENDEN HALL OF PA., INC, : IN THE COURT OF COMMON PLEAS PLAINTIFF : CITIVIRERLAND COUNTY, PENNA v. : NO. 14 -771 -CIVIL GRETNA MILLWORKS, INC., d/b/a LEFEVER MILLWORKS, DEFENDANT : CIVIL ACTION — LAW RULE AND NOW, this , day of - , 2014, upon consideration of Defendant's Petition to Open and/orStrike COnfOSSOd judgment pitrivant to Pa.R.C.P. 2959, a Rule is hereby issued upon Plaintiff to Show Cause why the judgment entered by confession at the above - captioned term and number should not be opened and/or stricken. Rule Returnable days from the date of service of this Rule. Any execution on the Confessed Judgment is hereby Stayed pending final determination of Defendant's Petition. BY THE COURT: J. Scott A. Dietterick, Esquire Supreme Court I.D. #55650 JSDC Law Offices PO Boz 650 Hershey, PA 17033 (717) 533-3280 Eadeisdc.com FESSENDEN HALL OF PA., INC., PLAINTIFF v. GRETNA MILLWORKS, INC., d/b/a LEFEVER MILLWORKS, DEFENDANT iLE ,Cir THE PRO1HONOEI R 2014 APR 22 MIs: 06 CUMBERLAND TY -SLANIA : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNA : NO. 14 -771 -CIVIL : CIVIL ACTION — LAW DEFENDANT'S PETITION TO OPEN AND/OR STRIKE CONFESSED JUDGMENT And now, comes the Defendant, Gretna Millworks, Inc., d/b/a Lefever Millworks, by and through its attorneys, JSDC Law Offices, and files this Petition to Open and/or Strike Confessed Judgment as follows: 1. No authorized officer executed a document on behalf of Defendant authorizing confession of judgment. 2. The Complaint containing the document allegedly containing the warrant of attorney permitting Plaintiff to enter judgment by confession was never served upon Defendant, only the Notice under Rule 2958.1. 3. Defendant believes it has valid defenses, set -offs, or credits against the amounts claimed owed by Plaintiff. WHEREFORE, Defendant respectfully requests that this Honorable Court issue a Rule upon Plaintiff to show cause why Plaintiffs judgment by confession should not be opened and/or stricken pursuant to Pa.R.C.P. 2959. Date: 16f 16 ,i BY: A. Scott Ae r rick, Esquire Attorneys for Plaintiff PA I.D. # 55650 Po Box 650 Hershey, PA 17033 (717) 533-3280 FESSENDEN BALL OF PA., INC., : IN THJ. COURT OF COMMON PLEAS PLAINTIFF CUMBERLAND COUNTY, MINA v. : NO. 14 -771 -CIVIL GRETNA MILLWORKS, INC., d/b/a : LEFEVER MILLWORKS, DEFENDANT : CIVIL ACTION — LAW VERIFICATION I, Sandy Fogle, on behalf of Gretna Millworks, Ind., d/b/a Lefever Millworks, depose and say subject to the penalties of 18 Pa.C.S.A., scc.4904 relating to unsworn falsification to authorities that the facts set forth in the foregoing pleading are true and correct to the best of my information, knowledge and belief Date: FESSENDEN HALL OF PA., INC., : IN THE COURT OF COMMON PLEAS PLAINTIFF : CUMBERLAND COUNTY, PENNA v. : NO. 14 -771 -CIVIL GRETNA MILLWORKS, INC., d/hia LEFEVER MILLWORKS, DEFENDANT : CIVIL ACTION — LAW CERTIFICATE OF SERVICE The undersigned hereby certifies that a true and correct copy of the foregoing Petition to Open and/or Strike Confessed Judgment was served on the following thi 2014 via First Class U. S. Mail, Postage Pre -paid: Date: Michael R. Less; Esquire 107 North Commerce Way Bethlehem, PA 180147 JSDC OFFICES BY: day of April, enise L. Foster, Paralegal a)VOOl FESSENDEN HALL OF PA., INC., : IN THE COURT OF COMMON PLEAS PLAINTIFF : CUMBERLAND COUNTY, PENNA v. : NO. 14 -771 -CIVIL GRETNA MILLWORKS, INC., d/b/a . LEFEVER MILLWORKS, DEFENDANT : CIVIL ACTION — LAW AND NOW, this 25. day of RULE , 2014, upon consideration of Defendant's Petition to Open and/or Strike Confessed Judgment pursuant to Pa.R.C.P. 2959, a Rule is hereby issued upon Plaintiff to Show Cause why the judgment entered by confession at the above - captioned term and number should not be opened and/or stricken. Rule Returnable days from the date of service of this Rule. Any execution on the Confessed Judgment is hereby Stayed pending final determination of Defendant's Petition. BY THE CO J. Thomas A. Placey Common Pleas Judge ALL -STATE LEGAL® EXHIBIT COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA . CIVIL ACTION - LAW FESSENDEN HALL OF PA., INC: Plaintiff vs. GRETNA MILLWORKS, INC. d/b/a LEFEVER MILLWORKS Defendant ORDER 14-771 CIVIL CIVIL ACTION AND NOW, this day of , 2014, upon consideration of Defendant's Petition to Open and/or Strike Confessed Judgment, and Plaintiff's response thereto, it is HEREBY ORDERED that said Petition is DENIED. J. COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION = LAW FESSF.NDEN HALL OF PA., INC. Plaintiff Vs. GRETNA MILLWORKS, INC. d/b/a LEFEVER MILLWORKS Defendant : No. 14-771 CIVIL : CIVIL ACTION PLAINTIFF'S ANSWER TO DEFENDANT'S PETITION TO OPEN AND/OR STRIKE CONFESSED JUDGMENT Plaintiff, by and through the undersigned counsel, files the within Answer to Defendant's Petition to Open and/or Strike Confessed Judgment: 1. Denied as a conclusion of law. Without waiving the foregoing, the operative documentation was clearly signed by a "Stanley Gerberich" who identified himself as the president of the Defendant corporation. Furthermore, the records of the Pennsylvania Department of State - of which this Court may take judicial notice - clearly reflect that Stanley Gerberich is the registered president, secretary and treasurer of Defendant. (A true and correct copy of said records are attached hereto as Exhibit "A.") Accordingly, it is specifically denied that Stanley Gerberich did not have the authority to execute the written agreement with Plaintiff. 2. Denied. Notice of a confessed judgment is served upon a defendant in the same manner as any judgment, pursuant to Rule 236(a)(1). The Rule 236 Notice was served upon Defendant at their registered address. A true and correct copy of the Court's Rule 236 Notice, together with the accompanying documentation is attached hereto, made part hereof and marked Exhibit "B." Accordingly, it is specifically denied that Defendant was not served with Plaintiffs Complaint. li is admitted, however, that Defendant received Plaintiff's Rule 2958.1 Notice. 3. Denied as stated. This averment is legally irrelevant to a petition to strike a judgment. Moreover, in order to support a petition to open a judgment, the petitioner is required to set forth its defenses with specificity. Accordingly, Defendant's mere assertion of a belief that it has "valid defenses, set -offs or credits" - without specificity as to the nature of those defenses, set -offs or credits - is legally insufficient to support a petition to open a judgment. Furthermore, Defendant has not plead any of the other common law requirements supporting a petition to open a judgment. WHEREFORE, for the reasons set forth above, Plaintiff respectfully asks that Defendant's Petition to Open and/or Strike Confessed Judgment be denied. AMATO KEATING ?SND LES SA, P.C. By: ' Michael R. Lessa, Atty ID #88617 Attorney for Plaintiff 107 North Commerce Way Bethlehem, PA 18017 (610) 866-0400 COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW s FESSENDEN HALL OF PA., INC. Plaintiff : No. 14-771 Civil vs. GRETNA MILLWORKS, INC. d/b/a LEFEVER MILLWORKS : CIVIL ACTION Defendant(s) CERTIFICATE OF SERVICE The undersigned certifies that a true and correct copy of Plaintiffs Answer to Defendant's Petition to Open and/or Strike Confessed Judgment was served via first class mail, postage prepaid on May 1, 2014: Scott Dietterick, Esq. James Smith Dietterick & PO Box 650 Hershey, PA 17033 AMATO K ATING AND LESSA, P.C. By: Michael R. Lessa, Esq., Atty ID #88617 John R. Keating, Esq., Atty ID #52779 David A. Lovejoy, Esq., Atty ID #19829 Justin N. Davis, Esq., Atty ID #84464 Daniel A. Wechsler, Esq., Atty ID #203922 Paul F. Troisi, Esq., Atty ID #309511 Attorneys for Plaintiff 107 North Commerce Way Bethlehem, PA 18017 (610) 866-0400 A DEBT COLLECTION LAW FIRM Business Entity Page 1 of 2 Corporations Online Services I Corporations I Forms I Contact Corporations I Business Services Search By Business Name By Business Entity ID Verify Verify Certification Online Orders Register for Online Orders Order Good Standing Order Certified Documents Order Business List My Images Search for Images Business Entity Filing History Date: 4/30/2014 (Select the link above to view the Business Entity's Filing History) Business Name History Name GRETNA MILLWORKS, INC. Name Type Current Name Business Corporation - Domestic - Information Entity Number: Status: Entity Creation Date: State of Business.: Registered Office Address: Mailing Address: 2777974 Active 10/1/1997 PA 2856 PINCH RD MANHEIM PA 17545-0 Lancaster No Address Officers Name: Title: Address: Name: Title: Address: Name: Title: Address: EXHIBIT Q. STANLEY GERBERICH President 185 HEMPT RD MECHANICSBURG PA 17050- 2605 STANLEY GERBERICH Secretary 185 HEMPT RD MECHANICSBURG PA 17050- 2605 STANLEY GERBERICH Treasurer 185 HEMPT RD MECHANICSBURG PA 17050- 2605 https://www.corporations.state.pa.us/corp/soskb/Corp.asp?1696094 4/30/2014 Business Entity Page 2 of 2 Copyright © 2002 Pennsylvania Department of State. All Rights Reserved. Privacy Policy I Security Policy https://www.corporations.state.pa.us/corp/soskb/Corp.asp?1696094 4/30/2014 n LOOS COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW No. !! .Ct FESSENDEN HALL OF PA., INC. Plaintiff vs. GRETNA MILLWORKS, INC. d/b/a LEFEVER MILLWORKS Defendant : CIVIL ACTION NOTICE OF JUDGMENT To: Gretna Millworks, Inc. d/b/a Lefever Millworks 185 Hempt Road Mechanicsburg PA 17050 Pursuant to Pa. R.C.P. No. 236, you are hereby notified that judgment by confession has been entered against you for S65,668.51 in the above captioned matter. A copy of all documents filed with the prothonotary in support of the within judgment are enclosed. Date: a 1 i b/i'f PROTHONOTARY - CUMBER ,AND Ca. n . c-•..., Per: t I 1 f �' '"`-' • If you have any questions concerning the above, please contact the undersigned. AMATO KEATING AND LESSA, P.C. By:r� Michael R. Lessa, Atty ID #88617 Attorney for Plaintiff 107 North Commerce Way Bethlehem, PA 18017 (610) 866-0400 EXHIBIT 4 COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW FESSENDEN HALL OF PA., INC. Plaintiff vs. GRETNA MILLWORKS, INC. d/b/a LEFEVER MILLWORKS Defendant N. /9- J7/ c;/ : CIVIL ACTION CONFESSION OF JUDGMENT Pursuant to the authority contained in the warrant of attorney set forth in the Credit Application & Agreement attached as Exhibit "A" of the Complaint filed in this action, I appear for the Defendant, GRETNA MILLWORKS, INC. d/b/a LEFEVER MILLWORKS, and confess judgment in favor of Plaintiff and against the Defendant as follows: JUDGME Principal $52,534.81 Attorneys fees $13,133.70 TOTAL $65,668.51 AMATO KEATING AND LESSA, P.C. By: ivfiehael R. Lessa, Atty ID #88617 Attorney for Plaintiff 107 North Commerce Way Bethlehem, PA 18017 (610) 866-0400 NT A)ABOV 9() Prothonotary/Clerk of Court Civil Division COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW FESSENDEN HALL OF PA., INC. Plaintiff . No. y- -j7/ «/ vs. GRETNA MILLWORKS, INC. d/b/a LEFEVER MILLWORKS : CIVIL ACTION Defendant CERTIFICATION OF ADDRESSES OF PARTIES I, Michael R. Lessa, attorney for Plaintiff, hereby certify that the last known addresses for the Plaintiff and Defendant are as follows: Fessenden Hall of PA., Inc. 3021 Industry Drive Lancaster, PA 17603 Gretna Millworks, Inc. dba Lefever Millwork 185 Hempt Road, Mechanicsburg PA 17050 AMATO KEATING By: ND LESSA, P.C. Michael R. Lessa, Atty ID #88617 Attorney for Plaintiff 107 North Commerce Way Bethlehem, PA 18017 (610) 866-0400 COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIViLACTION - LAW. — FESSENDEN HALL OF PA., INC. Plaintiff vs. GRETNA MILLWORKS, INC. d/b/a LEFEVER MILLWORKS Defendant :No. : CIVIL ACTION AFFIDAVIT COMMONWEALTH OF PENNSYLVANIA COUNTY OF NORTHAMPTON The undersigned hereby certifies that the attached Complaint for Confession of Judgment for Money Under Rule 2951(b) is not being entered against a natural person in connection with a consumer credit transaction. This action does not arise out of a retail installment sale, contract or account. The transaction upon which the judgment is being entered was a business transaction. Michael R. Lessa SWORN TO AND SUBSCRIBED BEFORE ME THIS t.)4-"" DAY OF 2014 A. r^, NOTARY PUBLI COMMONWEALT11 OF PENNSYLVANIA Notarial Seal Michelle C. Bright, Notary Public Clef of Bethlehem, Northampton County My Commission Expires June 6, 2015 OVIRMVANIA ASSOOIATION OF foTARieS COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW FESSENDEN HALL OF PA., INC. Plaintiff vs. GRETNA MILLWORKS, INC. d/b/a LEFEVER MILLWORKS CIVIL ACTION Defendant COMPLAINT FOR CONFESSION OF JUDGMENT FOR MONEY UNDER RULE 2951(b) Plaintiff files this civil action pursuant to Pennsylvania Rule of Civil Procedure 2951 (b) for judgment by confession and avers the following: 1. The Plaintiff, Fessenden Hall of PA., Inc., is located at 3021 Industry Drive, Lancaster, PA 17603. 2. The Defendant, Gretna Millworks, Inc. d/b/a Lefever Millworks, is located at 185 Hempt Road, Mechanicsburg PA 17050. 3. On or about March 6, 1998, Defendant, for good and valuable consideration received, executed and delivered to Plaintiff a written Credit Application & Agreement ("Agreement"), a true and correct copy of which is attached hereto, made a part hereof and marked Exhibit "A." 4. Pursuant to the Agreement, Defendant agreed to make timely monthly payments to Plaintiff. 5. Defendant has failed to make timely payments to Plaintiff under the Agreement. 6. Defendant is currently in default of the Agreement'by virtue of its failure to make timely payments to Plaintiff under the Agreement. COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW FESSENDEN HALL OF PA., INC. Plaintiff vs. GRETNA MILLWORKS, INC. d/b/a LEFEVER MILLWORKS Defendant : No. 14-771 Civil : CIVIL ACTION cgo Fri r ?; -7 CD ORDER AND NOW, this 1pday of /I_ e4 3upon consideration of , 2014p Plaintiffs Motion to Schedule Hearing/Argument on Defendant's Petition to Open/Strike Confessed Judgment, it is hereby ORDERED that said Motion is GRANTED;nd�itis FURTHER ORDERED that this is matter is scheduled for a Hearing/Argument on 5 C�-�'N�.-_t_ .G,�"'� , 2014 at 0-cYD1'es7/17/1cf ri .m. at the Cumberland County Courthouse, Carlisle, Pennsylvania. J. Thomas A. Placey Common Pleas Judge COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA • CIVIL ACTION - LAW FESSENDEN HALL OF PA., INC. Plaintiff vs. GRETNA MILLWORKS, INC. d/b/a LEFEVER MILLWORKS Defendant(s) : No. 14-771: Civil : CIVIL ACTION CERTIFICATE OF SERVICE The undersigned certifies that a true and correct copy of the Order of Court of July 16, 2014 was served via first class mail, postage prepaid on July 21, 2014, upon: Scott Dietterick, Esq. James Smith Dietterick & Connelly PO Box 650 Hershey, PA 17033 AMATO KEATING AND ESSA, P.C. By: Michael R. Lessa, Esq., Atty ID #88617 John R. Keating, Esq., Atty ID #52779 David A. Lovejoy, Esq., Atty ID #19829 Daniel A. Wechsler, Esq., Atty ID #203922 Paul F. Troisi; Esq., Atty ID #309511 Attorneys for Plaintiff 107 North Commerce Way Bethlehem, PA 18017 (610) 866-0400 A DEBT COLLECTION LAW FIRM FESSENDEN HALL OF PA, INC.,: IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA THE NINTH JUDICIAL DISTRICT V GRETNA MILLWORKS, INC., d/b/a LEFEVER MILLWORKS, Defendant • • CIVIL ACTION - LAW • • 14-771 CIVIL TERM IN RE: PETITION TO OPEN AND/OR STRIKE CONFESSED JUDGEMENT ORDER OF COURT AND NOW, this 5th day of September, 2014, following a hearing on Defendant Gretna Millworks, Inc.'s Petition to Open and/or Strike Confessed Judgment, the petition is granted. The confessed judgment is opened. By the Court, Michael R. Lessa, Esquire 107 North Commerce Way Bethlehem, PA 18017 tt Dietterick, Esquire P.O. box 650 Hershey, PA 17033 :mae Co l'es /12i GcL. 9///i9 Thomas A. Placey C.P.J. rri C11 COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW FESSENDEN HALL OF PA., INC. Plaintiff VS. GRETNA MILLWORKS, INC. d/b/a LEFEVER MILLWORKS : No. 14-771 Civil CIVIL ACTION Defendant PLAINTIFF'S MOTION FOR RECONSIDERATION Plaintiff, by and through the undersigned counsel, files the within Motion for Reconsideration: 1. On or about February 20, 2014, Plaintiff confessed judgment against Defendant, for the reasons set forth in Plaintiff s Complaint for Confession of Judgment attached hereto, made part hereof and marked Exhibit "A." 2. Pursuant to Pa.R.C.P. No. 236, notice of said judgment was issued by the Prothonotary to Defendant's business address of 185 Hempt Rd., Mechanicsburg, PA 17050. 3. Upon information and belief, the above -referenced Rule 236 Notice was not returned to either the Prothonotary or Plaintiff's counsel. 4. Accordingly, service of the confessed judgment was properly made upon Defendant. 5. On February 20, 2014, Plaintiff issued written notice to Defendant by regular and certified mail under Pa.R.C.P. No. 2958.1 of its intent to execute on the confessed judgment, true and correct copies of which notice are attached hereto, made part hereof and marked Exhibit "B." 6. Upon information and belief, Defendant was aware of the confessed judgment on or before March 3, 2014 as, on that date, Defendant's legal counsel contacted the undersigned seeking copies of all filings in this matter. 7. Plaintiffs February 20, 2014 Rule 2958.1 Notice sent by regular mail was not returned to Plaintiff. 8. However, Plaintiff's February 20, 2014 Rule 2958.1 Notice sent by certified mail was returned to Plaintiff as unclaimed. 9. Accordingly, on April 4, 2014, Plaintiff attempted sheriff service of the Rule 2958.1 Notice upon Defendant, but the sheriff's return of service indicated that service could not be made as Defendant was no longer there and had ceased operations three (3) weeks prior. A true and correct copy of the sheriffs return of service is attached hereto, made part hereof and marked Exhibit "C." 10. Accordingly, upon information and belief, Defendant was located at the address of 185 Hempt Rd., Mechanicsburg, PA 17050 when the Rule 236 Notice and the Rule 2958.1 Notices were issued. 11. On or about April 22, 2014, Defendant filed a Petition to Open and/or Strike Confessed Judgment, a true and correct copy of which is attached hereto, made part hereof and marked Exhibit "D." 12. On or about May 5, 2014, Plaintiff filed a response to Defendant's Petition to Open and/or Strike Confessed Judgment, a true and correct copy of which is attached hereto, made part hereof and marked Exhibit "E." 13. In Defendant's Petition, Defendant concedes that it was properly served with Plaintiffs Rule 2958.1 Notice, so that issue is conclusively established. 14. Defendant contests, however, service of the original judgment. 15. Hearing on Defendant's Petition was held before this Court on September 5, 2014. 16. At said hearing, the Court noted that the docket reflected that the sheriffs return of service indicated that service could not be made, concluded that the confessed judgment should be opened and, therefore, entered an Order date September 5, 2014 doing so. 17. To the contrary, and as set forth above, service of the original judgment was properly made by the Prothonotary pursuant to Rule 236 and the Rule 236 Notice was not returned to the Prothonotary or Plaintiff's counsel. 18. The sheriff was unable to serve the Rule 2958.1 Notice, but as indicated above, it was issued by regular mail and Defendant concedes that it was properly served with Plaintiff's Rule 2958.1 Notice, so that issue is conclusively established. 19. As notice of the original judgment was properly made under Rule 236 and notice of Plaintiff's intent to execute on said judgment was properly served, by Defendant's admission, Plaintiff respectfully asks this Court to strike the Order of September 5, 2014 and reinstate Plaintiff's confessed judgment. WHEREFORE, for the reasons set forth above, Plaintiff respectfully asks that Defendant's Petition to Open and/or Strike Confessed Judgment be denied. AMATO KEATING AND LESSA, P.C. By: Michael R. Lessa, Atty ID #88617 Attorney for Plaintiff 107 North Commerce Way Bethlehem, PA 18017 (610) 866-0400 COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW FESSENDEN HALL OF PA., INC. Plaintiff vs. GRETNA MILLWORKS, INC. d/b/a LEFEVER MILLWORKS Defendant(s) : No. 14-771 Civil : CIVIL ACTION CERTIFICATE OF SERVICE The undersigned certifies that a true and correct copy of Plaintiffs Motion for Reconsideration was served via first class mail, postage prepaid on October 13, 2014, upon: Scott Dietterick, Esq. James Smith Dietterick & PO Box 650 Hershey, PA 17033 AMATO KEATING AND LESSA, P.C. Michael R. Lessa, Esq., Atty ID #88617 John R. Keating, Esq., Atty ID #52779 David A. Lovejoy, Esq., Atty ID #19829 Daniel A. Wechsler, Esq., Atty ID #203922 Paul F. Troisi, Esq., Atty ID #309511 Attorneys for Plaintiff 107 North Commerce Way Bethlehem, PA 18017 (610) 866-0400 A DEBT COLLECTION LAW FIRM COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW FESSENDEN HALL OF PA., INC. Plaintiff : No. vs. GRETNA MILLWORKS, INC. d/b/a LEFEVER MILLWORKS : CIVIL ACTION Defendant COMPLAINT FOR CONFESSION OF JUDGMENT FOR MONEY UNDER RULE 2951(b) Plaintiff files this civil action pursuant to Pennsylvania Rule of Civil Procedure 2951 (b) for judgment by confession and avers the following: 1. The Plaintiff, Fessenden Hall of PA., Inc., is located at 3021 Industry Drive, Lancaster, PA 17603. 2. The Defendant, Gretna Millworks, Inc. d/b/a Lefever Millworks, is located at 185 Hempt Road, Mechanicsburg PA 17050. 3. On or about March 6, 1998, Defendant, for good and valuable consideration received, executed and delivered to Plaintiff a written Credit Application & Agreement ("Agreement"), a true and correct copy of which is attached hereto, made a part hereof and marked Exhibit "A." 4. Pursuant to the Agreement, Defendant agreed to make timely monthly payments to Plaintiff. 5. Defendant has failed to make timely payments to Plaintiff under the Agreement. 6. Defendant is currently in default of the Agreement by virtue of its failure to make timely payments to Plaintiff under the Agreement. ALL -STATE LEGAL® EXHIBIT 7. As a consequence of the foregoing default, Defendant is indebted to Plaintiff in the following amount: Principal $52,534.81 Attorneys fees $13,133.70 TOTAL $65,668.51 8. A Statement of Account, showing the principal balance(s) due, is attached hereto, made a part hereof and marked Exhibit "B." 9. Pursuant to the terms and provisions of the Agreement, Plaintiff exercises its option to confess judgment for the entire sum of money which may be due or become due under the attached Agreement. 10. The attached Agreement has not been assigned by Plaintiff. 11. Judgment has not been entered on the attached Agreement in any jurisdiction. 12. Judgment is not being entered against a natural person in connection with a consumer credit transaction. 13. Pursuant to the terms and provisions of the Agreement, Defendant agreed to interest at the rate of 2% per month. 14. Plaintiff is entitled to interest at the agreed rate of 2% per month, going forward. WHEREFORE, Plaintiff demands judgment against Defendant, Gretna Millworks, Inc. d/b/a Lefever Millworks, in the sum of $65,668.51, plus interest and costs as authorized by the warrant of attorney provisions of the attached Agreement. AMATO KEATINQ AND LESSA, P.C. By: Michael R. Lessa, Atty ID #88617 Attorney for Plaintiff 107 North Commerce Way Bethlehem, PA 18017 (610) 866-0400 VERIFICATION , hereby states that he/she is the dA ''.' of Plaintiff in this action, and verifies that the statements made in the attached Complaint are true and correct to the best of his/her knowledge, information and belief. The undersigned understands that the statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. SENT BY! OFF ICE+FAX' '3— 5-98 TQSI�AM llYtitibTl6ti-0 311 Znn t7'L�.rr t CONFIDENTIAL ALCREEDIT APPLICATION & AG REJ EMEN, T APPLICANT (BUSINESS ORCORPORATE NAmi3)6"vA" w {& AL SHIPPINOADDRESS: ^24C14 °`r-,4 BILLING ADDRESS. SECTION I: it*I4 I ii/1 5TKT2. 14 zip, 1.151/ STATE: ZIP' COUNTY: — BUSINESS PHONE in .Vag. !1,71 i SUSINHSS PAX. -717 'keg' e, 884•te NUMBER OFY.EARS ABASHED: _I_— NUMBER OF EMPLOYEES:,..5�._._ EESTIMATEDMONf HLY PURCHA ' LEGAL ENTITY: [ CORPORATION [ J PARTNERSHIP r 1$OLP PROPRI'HIORSHIP SALES TAX NUMBER TYPE ,OFBLISIN 5: '`t`1 ti eh, IS YOUR BUSINESS BUILDING OWNED: [ 1. RENTED: (X) NAME OP LANDLORD/MORTGAGE COMPANY:: V'r4 I Ultelia ADDRESS & TELEPHONE WARP' U ~. 4'1 SECTION 11. OWNERS (IFAPP,LICkZ'T IS SOLB PROPRIETORSHIP OR PARTNERSHIP) OR. OFFICERS (IP A CORPORATION) NAME TITLE HO ApprcimCITY, STA Z)4 HOME PHONE NO. SOCIAL SECURITY ft a 66b fiq noir 'SECTION= BANK'OR SAVINGS LOAN ASSOCIATION BANK NAMEI'NAMS OF CONTACT ADDRESS ACCOUNT I.O. .'PHONE it OP BANK CONTACT CPINC4CAri &PK) g ! 41 95 144Lie plc Poi SECTION TY. APPLICANTS PRINCIPAL SU PLi81tS (Litt AT EAST THREE) NAME ADDRESS, CITY. STATE, ZIP ACCOUNT N.O. PHONE NO. lk 41k. Jas - Lr .... ikrU vuliz, .$47,-,5.9 c::44 -+tel uE:t f . J Wi i g} (3-4 mss - r i' - _665 —5227 /) ,/ v *GREWSENTTERMH: ).n considaitloii of tbe'exkation.of credttro th.Applieant (which FES SENDEN HALL reserves the right w grant, revokeoe ciodDy ni Eiji" time). Tho Apptiant agrees to pay for all Trawls delivered or asrvlcea readetad to, Ifte Applicant. in accordance with the tecta ateac) iitvbloe. Appliemit agrees that tbe • tams and conditions dude awed on stintlnvolces.thail be a ooritraetbemeen jiESSBBID731Y NALL and Ibe Applicant. Applicant agrees that a monthly service charge of 2% per month or the. highest amount legally allowed shall be payibte oh :sit OM,.. duo FESSENDEN HALLrwiveh have -nig been pelt, by the 30th day of rhe month fbllowingb ling,.and Applicant egrea to promptlypay said service disuse. M utlithlonaisrrvlce charge, cottiputed on the same Muds will be doe.urdptgtb)e every 30 oayithrieaita Writing of•enyone ormore service charges chilli miss deemed tdbeatyalverofRingo service charges. Applicant rppreaattiterFESSENDENHALL dist its vigilantes will be solely for commercial 'porpoi e. THE APPLICANT AUTHORIZES: THE CLERK,. PROTHONOTARY ORATIORNEY OP.ANY COURT OP RECORD TO APPEAR FOR THE APPLICANT AND CONFESS JUDGEMENT AGAINST THE APPLICANT FOR ANY SUM UNPAID UNDER SUCH. INVOICES- Should it become neceaaary to piece the teeount with i cantatas 'ege oy or nttotitey, thoApplicant. ngreasto;pay iE c.014et1on.agency eosts and attorney fees inaddidonmall othersums dae. Applicant authorizesIIESSSNOIINHALLtaobtaln.cioditand itor cialinfmtcadonconerningtheApylfcantatisny end from any source. THE UNDERSIGNED WARRANTS 'THAT THE ABOVE AGREEMENT .HAS EBEN CAREFULLY READ AND THAT APPLICANT INTENDS THB ABOVE PROVISIONS TO EB LEGALLY BINDING.UPON ACCEPTANCE. OFTI B'CREDITAPPLICATTON BY FESSENDBN HALL. vamps EXHIBIT J JI 4 01/06/14 06:17 AM EST 056'--665-6510' via VST -FAX Pfflge. 2 or 3 a123724 OE Custt L05'50 LEPEVtk MILLWORK SalesRep: WELSH - 03/98 Contact CINDY : Balance : Phone* 711-691-700g On order: Fax717-891-7881 : Cr Limit: .. ..... 48,536.33 Lst Pay: 12/17/13 COTP' 115 0.00 Pay Amt: 4,238,20 : PDTP 105 50,000,00 : Check* : 20409 14 00,829 Inv* Dote Cust PO Amount Payment CUrr Over 30 Over 80 Over 90 162927 07/29/13 7744 1,456.56 500.00. 11/26/13 CHIC* 24366 356,56 12102/13 CHK4 20372 153499 08/41/13 7744 163500 06/01/13 7744 163501 08/01/13 7744 163502 06/01113 7748 164478 08/05/1 7755. 295.72 72.96 . 31.00 200.64 '2, 120. 50 14106,8t 09/25/13 CHK* 165053 08/07/13 7760 975:96 296,80 09/26/13 CHK* 166542 08/12/13 7764 1666311 08/14/13 7/55 168641 00/14/13 7770 989. 97 3, 152. 50 2, 141. 12 1, 730, 32 09 26/13 CHK* '166642 00/14/13 7.775 167,68 167587 08/19/13 7781 4;475,00 168094 08/21/13 7755 31.00 168095 08/21/13 7781 114.24 168096 11812//13 7791 661.50 160097 08121/13 7791 1,925.30 169066 08/26/13 7781 351.60 1e9z67 08/26/13 7781 117.2a 169060 08/28/13 7797 544.58 169069 00/26/13 7797 107.36 189070 08/26/13 7799 31. 60 169581 00/28/13 7791 1,945.00 169582 08/28/13 7797 504.00 169563 08/29/13 7806 382.88 0-58349 139706 170215 00/30/13 7797 170794 09/04/13 7791 170785 09/04/13 7806 170786 09/04/13 7806 170787 09/0.4/13 7811 171746 09/09/13 7816 172285 .09/11/13 7810 172206 09/11/13 7010 173195 09/16/13 7023 173776 09/19/13 7835 173777 09119/13 7836 174654 09/23/13 7824 174665 09/23/13 7835 174686 09/23/13 7646 175225 09/25/13 7824 175226 09/25/13 7835 175227 09/25/13 7851 175228 09/25/13 7852 68, 97 24. 70 869, 28 901, 12 1., 003. 20 2, 441. 32 '92,64 3', 431. 01 2, 857. 50 281. 60 1,749. 61 I, 012. BO 337,92 1, 154. 80 135. 04 128. 00 1, 035. 63 87, 00 44, 48 08/29113 CHK* 800.00 290.72 72.96. 31. 00 200. 64 1011. 00 879. 16 999, 97 3152. 50 404. 84 167, 60 4475. 06 31. so 114. 24 651. 50 19.25. 30 351. 50 117. 20 544. 58 107. 36 231. 60 1045. 00 504, 00 382, 88 -44. 48 68. 97 24. 70 869. 28 901. 12 1003. 20 2441., 32 .92, 5.4 3431. 81 2857. 50 281. 60 1749. 61 1012. 60 337..92 1164. 80 135. 04 1.28. 00 1036, 63 87. 00 01/05/14. 09:17 AM EST 856-555-8516 V1a 1/S FAX Page 3 of 3 1123724 Cust* 1.0550 LEFEVER MILLWORK .Contact Phonal Fax1 5alesRep: WELSH - 03/98 CINDY 717-691-7600 717-591-7881 Balance : On Order: Cr Limit! 48, 536:, 33 ; Lst Pay: O. O9 ; Pay. Amt: .50, 06.0. 00 ; Check Inv; 176126 08/30/13 7824 675.20 176127 09/30/13 7824 176128 09/30/13 7857 176721 10/02/13 7853 177763 10/07/13 7870 178266 10/08/13 7871 178267 10/08./13 7871 1806.71 10/21/13 7881 1.82153 10/28/13 7882 183257 11/01/13 16741 183688 11/04/.13'7899 184223 11/06/13 7902 185125 11/11/13 7903 185610 11/13/13. 7998 188478 11/27/13 7914 188661 12/01/13 18771 191627 12/16/13 79.17 191628 12/15/13 7919 191629 12/16/13' 7921 191630 .12/16/13 7924 1.93975 01/01/14 16802 CURR- Balance Payments -- 52,644.61 12/17/13 ; CDTP 11.5 4, 236. 20 :; POTP 100 20409 H 90,829 Date Cust PO Am•ou.nt Payment Curr Over 30 202. 56 1, 951. 79 1, 759.. 44 932, 38 B.05, 05 270, 08 67. 52 354. 30 32. 58 270, 08 175. 52 30. 88 470. 80 175. 68 338. 54 1, 412, 00 554, 50 1, 207. 28 136, 96 651. 20 Current c O c C c 0 0 4 C C M C 0 3=0====== Ocscc WOM60C0 ss-tr Cn¢OWtrtrr:1= A5 OF 01/31/14 P.O C O. trm 6 c c c 4� a c p c a C c 3 a a tr'O c c 3,961,94 4,========== Current 651:20 tr m00 trltl�t0 tr0 141.2. 00 554. 50 1207, 28 136. 96 651. 20 Over 30 1, 015, 90 30.98 470.80 175.60 338,.54 4 or Over 60 Over 90 -------- 675.29 202.56 1651.78 1759.44 832.38 805. 05 270., 09 67, 52 354, 30 32. 56 270. a8 175. 52 Over 60 1, 975, 11 m==== ====== scaas.tr.mmsays Over 30. 3•, 310. 74 ��'w'O va cRplC C Over 60 1,461.60 G=aosr=ssmo Over .90 41,583.38' trOoaLc-.�--� Over 90 43, 112. 89 AMATO KEATING AND LESSA, P.C. Pittsburgh Office: 4232 Northern Pike, Suite 202 Pittsburgh, PA 15146-2719 Tel: (412) 856-8484 Fax: (412) 856-4444 Admitted to Practice In: Pennsylvania Onlyt Pennsylvania and New Jersey it Pennsylvania and West Virginia ttt 107 NORTH COMMERCE WAY, SUITE 100 BETHLEHEM, PA 18017-8930 TELEPHONE (610) 866-0400 FACSIMILE (610) 866-9155 WEBSITE WWW.A\IATOLAW.COM EMAIL EMAIL.[ A\IATOLAW.COM A DEBT COLLECTION LAW FIRM CERTIFIED MAIL RETURN RECEIPT REQUESTED Gretna Millworks, Inc. d/b/a Lefever Millwork 185 Hempt Road Mechanicsburg PA 17050 Re: FESSENDEN HALL OF PA., INC. v. GRETNA MILLWORKS, INC. d/b/a LEFEVER MILLWORKS Cumberland County Court of Common Pleas Civil Action No.: 14-771 Civil Reference #: 2140051 Dear Sir/Madam: RONALD ANIATOt JOHN R. KEATINGttt - MICHAEL R. LESSAt LOUIS 13. SWARTZt DAVID A. LOVEJOYt IUSTIN N. DAVISt DANIEL A. WECHSLERt PAUL F. TROISI tt FEBRUARY 20, 2014 Enclosed please find a Notice Under Rule 2958.1 of Judgment and Execution Thereon in regard to the above -referenced matter. Kindly govern yourself accordingly. Very truly yours, AMATO KEATTINGAND LESSA, P.C. By: , Michael R. Lessa s EXHIBIT . COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW FESSENDEN HALL OF PA., INC. Plaintiff : No. 14-771 Civil VS. GRETNA MILLWORKS, INC. d/b/a LEFEVER MILLWORKS : CIVIL ACTION Defendant(s) NOTICE UNDER RULE 2958.1 OF JUDGMENT AND EXECUTION THEREON NOTICE OF DEFENDANT'S RIGHTS TO: GRETNA MILLWORKS, INC. d/b/a LEFEVER MILLWORKS A judgment in the amount of $65,668.51 has been entered against you and in favor of the Plaintiff without any prior notice or hearing based on a confession of judgment contained in a written agreement or other paper allegedly signed by you. The sheriff may take your money or other property to pay the judgment at any time after thirty (30) days after the date on which this notice is served on you. You may have legal rights to defeat the judgment or to prevent your money or property from being taken. YOU MUST FILE A PETITION SEEKING RELIEF FROM THE JUDGMENT AND PRESENT IT TO A JUDGE WITHIN THIRTY (30) DAYS AFTER THE DATE ON WHICH THIS NOTICE IS SERVED ON YOU OR YOU MAY LOSE YOUR RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 AMATO AND LESSA, P.C. By: Michael R. Lessa, Esq., Atty ID #88617 Attorneys for Plaintiff 107 North Commerce Way Bethlehem, PA 18017 (610) 866-0400 A DEBT COLLECTION LAW FIRM AMATO KEATING AND LESSA, P.C. Pittsburgh Office: 4132 Northern Pike: Suite 202 Pillsborgh. PA 15146-2719 Tel: (412) 856-8484 Fax: (412) 856-1444 Admitted to Practice In: Pennsylvania Onlyt Pennsylvania and New Jersey tt Pennsylvania and West Virginia ttt 107 NORTH COMMERCE WAY, SUITE 100 BETHLEHEM, PA 18017-8930 TELEPHONE (610) 866-0400 FACSIMILE (610) 866-9155 Gretna Millworks, Inc. d/b/a Lefever Millwork 185 Hempt Road Mechanicsburg PA 17050 WEBSITE WWW.AMATOLAW.COM EMAIL EMAILQAMATOLAW.COM A DEBT COLLECTION LAW FIRAI Re: FESSENDEN HALL OF PA., INC, v. GRETNA MILLWORKS, INC. d/b/a LEFEVER MILLWORKS Cumberland County Court of Common Pleas Civil Action No.: 14-771 Civil Reference #: 2140051 Dear Sir/Madam: RONALD AMATO'. JOHN R. KEATINC+St MICHAEL R. LESSA* LOUIS B. SWARTZ? DAVID A. LOVEJOYt JIJSTIN N. DAVISt DANIEL A. WECHSLERt PAUL F. TROIS! tt FEBRUARY 20, 2014 Enclosed please find a Notice Under Rule 2958.1 of Judgment and Execution Thereon in regard to the above -referenced matter. Kindly govern yourself accordingly. Very truly yours, AMATO KEATING AND LESSA, P.C. By: ichael R. Lessa COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW FESSENDEN HALL OF PA., INC. Plaintiff : No. 14-771 Civil VS. GRETNA MILLWORKS, INC. d/b/a LEFEVER MILLWORKS : CIVIL ACTION Defendant(s) NOTICE UNDER RULE 2958.1 OF JUDGMENT AND EXECUTION THEREON NOTICE OF DEFENDANT'S RIGHTS TO: GRETNA MILLWORKS, INC. d/b/a LEFEVER MILLWORKS A judgment in the amount of $65,668.51 has been entered against you and in favor of the Plaintiff without any prior notice or hearing based on a confession of judgment contained in a written agreement or other paper allegedly signed by you. The sheriff may take your money or other property to pay the judgment at any time after thirty (30) days after the date on which this notice is served on you. You may have legal rights to defeat the judgment or to prevent your money or property from being taken. YOU MUST FILE A PETITION SEEKING RELIEF FROM THE JUDGMENT AND PRESENT IT TO A JUDGE WITHIN THIRTY (30) DAYS AFTER THE DATE ON WHICH THIS NOTICE IS SERVED ON YOU OR YOU MAY LOSE YOUR RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS ATA REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 AMATO AND LESS, P.C. By: Michael R. Lessa, Esq., Atty ID #88617 Attorneys for Plaintiff 107 North Commerce Way Bethlehem, PA 18017 (610) 866-0400 A DEBT COLLECTION LAW FIRM SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor /OO5 I '71:14 Feddenden Hall of PA, Inc. vs. Gretna Millworks, Inc. d/b/a Lefever Millworks Case Number 2014-771 SHERIFF'S RETURN OF SERVICE 04/04x'2014 03:22 PM - Sheriff Ronny R Anderson, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit: Gretna Millworks, Inc. d/b/a Lefever Millworks, but was unable to locate the Defendant in his bailiwick. The Sheriff therefore returns the within requested Notice as "Not Served" at 185 Hempt Road, Silver Spring, Mechanicsburg, PA 17050. Address is vacant, deputies were advised by a neighbor that the business closed three weeks ago and laid off the employees. SHERIFF COST: $44.30 SO ANSWERS, ��G April 07, 2014 RONSi R ANDERSON, SHERIFF ■ Alt -STATE LECaAL° EXHIBIT • COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW FESSENDEN HALL OF PA., INC. Plaintiff : No. 14-771 Civil VS. GRETNA MILL WORKS, INC. d/bla LEFEVER MILLWORKS : CIVIL ACTION Defendant(s) NOTICE UNDER RULE 2958.1 OF JUDGMENT AND EXECUTION THEREON NOTICE OF DEFENDANT'S RIGHTS TO: GRETNA MILLWORKS, INC. d/b/a LEFEVER MILLWORKS A judgment in the amount of $65,668.51 has been entered against you and in favor of the Plaintiff without any prior notice or hearing based on a confession of judgment contained in a written agreement or other paper allegedly signed by you. The sheriff may take your money or other property to pay the judgment at any time after thirty (30) days after the date on which this notice is served on you. You may have legal rights to defeat the judgment or to prevent your money or property from being taken. YOU MUST FILE A PETITION SEEKING RELIEF FROM THE JUDGMENT AND PRESENT IT TO A JUDGE WITHIN THIRTY (30) DAYS AFTER THE DATE ON WHICH THIS NOTICE IS SERVED ON YOU OR YOU MAY LOSE YOUR RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO. PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 AMATO AND LESSA, P.C. By: Michael R. Lessa, Esq., Atty ID #88617 Attorneys for Plaintiff 107 North Commerce Way Bethlehem, PA 18017 (610) 866-0400 A DEBT COLLECTION LAW FIRM Scott A. Dietterick, Esquire Supreme Court I.D. #55650 JSDC Law Offices PO Boz 650 Hershey, PA 17033 (717)533-3260 gad@isdc.com FESSENDEN HALL OF PA., INC., PLAINTIFF v. GRETNA MILLWORKS, INC., d/b/a LEFEVER MILLWORKS, DEFENDANT r THS PRO1 HONO Tt R f 2014APR 22 MItO3:06 CU PENNSYLVAN A TY : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNA : NO. 14 -771 -CIVIL : CIVIL ACTION — LAW DEFENDANT'S PETITION TO OPEN AND/OR STRIKE CONFESSED JUDGMENT And now, comes the Defendant, Gretna Millworks, Inc., d/b/a Lefever Millworks, by and through its attorneys, JSDC Law Offices, and files this Petition to Open and/or Strike Confessed Judgment as follows: 1. No authorized officer executed a document on behalf of Defendant authorizing confession of judgment. 2. The Complaint containing the document allegedly containing the warrant of attorney permitting Plaintiff to enter judgment by confession was never served upon Defendant, only the Notice under Rule 2958.1. 3. Defendant believes it has valid defenses, set -offs, or credits against the amounts claimed owed by Plaintiff WHEREFORE, Defendant respectfully requests that this Honorable Court issue a Rule upon Plaintiff to show cause why Plaintiffs judgment by confession should not be opened and/or stricken pursuant to Pa.R.C.P. 2959. Date: BY: Scott A. rick, Esquire Attorneys for Plaintiff PA I.D. # 55650 Po Box 650 Hershey, PA 17033 (717) 533-3280 FESSENDEN HALL OF PA., INC., : IN THE COURT OF COMMON PLEAS PLAINTIFF : CUMBERLAND COUNTY, PENNA • • v. : NO.14-771-CMI. GRETNA MILLWORKS, INC., d/b/a LEFEVER MILLWORKS, DEFENDANT : CIVIL ACTION — LAW VERIFICATION 1, Sandy Fogle, on behalf of Gretna Millworks, Ind., d/b/a Lefever Millworks, depose and say subject to the penalties of 18 Pa.C.S.A., sec.4904 relating to unsworn falsification to authorities that the facts set forth in the foregoing pleading are true and correct to the bcst of my information, knowledge and belief Date: ql)(PiPy FESSENDEN HALL OF PA., INC., : IN THE COURT OF COMMON PLEAS PLAINTIFF : CUMBERLAND COUNTY, PENNA v.. : NO. 14 -771 -CIVIL GRETNA MILLWORKS, INC., d/b/a LEFEVER MILLWORKS, DEFENDANT : CIVIL ACTION — LAW CERTIFICATE OF SERVICE The undersigned hereby certifies that a true and correct copy of the foregoing Petition to Open and/or Strike Confessed Judgment was served on the following this day of April, 2014 via First Class U. S. Mail, Postage Pre -paid: Date: Michael R. Lessa, Esquire 107 North Commerce Way Bethlehem, PA 180147 JSDC OFFICES BY: Denise L. Foster, Paralegal COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW FESSENDEN HALL OF PA., INC. Plaintiff vs. GRETNA MILLWORKS, INC. d/b/a LEFEVER MILLWORKS Defendant : No. 14-771 CIVIL : CIVIL ACTION PLAINTIFF'S ANSWER TO DEFENDANT'S PETITION TO OPEN AND/OR STRIKE CONFESSED JUDGMENT Plaintiff, by and through the undersigned counsel, files the within Answer to Defendant's Petition to Open and/or Strike Confessed Judgment: 1. Denied as a conclusion of law. Without waiving the foregoing, the operative documentation was clearly signed by a "Stanley Gerberich" who identified himself as the president of the Defendant corporation. Furthermore, the records of the Pennsylvania Department of State - of which this Court may take judicial notice - clearly reflect that Stanley Gerberich is the registered president, secretary and treasurer of Defendant. (A true and correct copy of said records are attached hereto as Exhibit "A.") Accordingly, it is specifically denied that Stanley Gerberich did not have the authority to execute the written agreement with Plaintiff. 2. Denied. Notice of a confessed judgment is served upon a defendant in the same manner as any judgment, pursuant to Rule 236(a)(1). The Rule 236 Notice was served upon Defendant at their registered address. A true and correct copy of the Court's Rule 236 Notice, together with the accompanying documentation is attached hereto, made part hereof and marked Exhibit "B." Accordingly, it is specifically denied that Defendant was not served with Plaintiff's Complaint. Ii is admitted, however, that Defendant received Plaintiff's Rule 2958.1 Notice. ALL -STATE LEGAL® EXHIBIT 3. Denied as stated. This averment is legally irrelevant to a petition to strike a judgment. Moreover, in order to support a petition to open a judgment, the petitioner is required to set forth its defenses with specificity. Accordingly, Defendant's mere assertion of a belief that it has "valid defenses, set -offs or credits" - without specificity as to the nature of those defenses, set -offs or credits - is legally insufficient to support a petition to open a judgment. Furthermore, Defendant has not plead any of the other common law requirements supporting a petition to open a judgment. WHEREFORE, for the reasons set forth above, Plaintiff respectfully asks that Defendant's Petition to Open and/or Strike Confessed Judgment be denied. AMATO KEATING D LESSA, P.C. By: Michael R. Lessa, Atty ID #88617 Attorney for Plaintiff 107 North Commerce Way Bethlehem, PA 18017 (610) 866-0400 COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW FESSENDEN HALL OF PA., I Plaintiff : No, 14-771 Civil vs. GRETNA MILLWORKS, INC. d/b/a LEFEVER MILLWORKS CIVIL ACTION Defendant(s) CERTIFICATE OF SERVICE The undersigned certifies that a true and correct copy of Plaintiffs Answer to Defendant's Petition to Open and/or Strike Confessed Judgment was served via first class mail, postage prepaid on May 1, 2014: Scott Dietterick, Esq. James Smith Dietterick & PO Box 650 Hershey, PA 17033 AMATO K ATING AND LESSA, P.C. \\..By: 3_5_ Michael R. Lessa, Esq., Atty ID #88617 John R. Keating, Esq., Atty ID #52779 David A. Lovejoy, Esq., Atty ID #19829 Justin N. Davis, Esq., Atty ID #84464 Daniel A. Wechsler, Esq., Atty ID #203922 Paul F. Troisi, Esq., Atty ID #309511 Attorneys for Plaintiff 107 North Commerce Way Bethlehem, PA 18017 (610) 866-0400 A DEBT COLLECTION LAW FIRM Business Entity Page 1 of 2 Corporations Online Services 1 Corporations 1 Forms I Contact Corporations 1 Business Services Search By Business Name By Business Entity ID Verify Verify Certification Online Orders Register for Online Orders Order Good Standing Order Certified Documents Order Business List My Images Search for Images Business Entity Filing History Date: 4/30/2014 (Select the link above to view the Business Entity's Filing History) Business Name History Name GRETNA MILLWORKS, INC. Name Type Current Name Business Corporation - Domestic - Information Entity Number: Status: Entity Creation Date: State of Business.: Registered Office Address: Mailing Address: 2777974 Active 10/1/1997 PA 2856 PINCH RD MANHEIM PA 17545-0 Lancaster No Address Officers Name: Title: Address: Name: Title: Address: Name: Title: Address: STANLEY GERBERICH President 185 HEMPT RD MECHANICSBURG PA 17050- 2605 STANLEY GERBERICH Secretary 185 HEMPT RD MECHANICSBURG PA 17050- 2605 STANLEY GERBERICH Treasurer 185 HEMPT RD MECHANICSBURG PA 17050- 2605 https://www.corporations.state.pa.us/corp/soskb/Corp.asp?1696094 4/30/2014 Business Entity Page 2 of 2 Copyright © 2002 Pennsylvania Department of Slate. All Rights Reserved. Privacy Policy f Security Policy https://wwww.corporations.state.pa.us/corp/soskb/Corp.asp?1696094 4/30/2014 COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW FESSENDEN HALL OF PA., INC. Plaintiff No. 1H-'7-7) Ct;(1 vs. GRETNA MILLWORKS, INC. d/b/a LEFEVER MILLWORKS Defendant : CIVIL ACTION NOTICE OF JUDGMENT To: Gretna Millworks, Inc. d/b/a Lefever Millworks 185 Hempt Road Mechanicsburg PA 17050 Pursuant to Pa. R.C.P. No. 236, you ate hereby notified that judgment by confession has been entered against you for S65,668.51 in the above captioned matter. A copy of all documents filed with the prothonotary in support of the within judgment are enclosed. Date: e6, PROTHONOTARY - CUMBER:LAND CO Per: I 1-!1t,'14 If you have any questions concerning the above, please contact the undersigned. AMATO KEATrNGAND LESSA, P.C. By: Michael R. Lessa, Atty ID #88617 Attorney for Plaintiff 107 North Commerce Way Bethlehem, PA 18017 (610) 866-0400 ALL-STATE LEGAL0 EXHIBIT COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW FESSENDEN HALL OF PA., INC. Plaintiff vs. GRETNA MILLWORKS, INC. d/b/a LEFEVER MILLWORKS Defendant No. 19- �-))/ _:} 7 fti 1 ,r, � �� e� <c� CIVIL ACTION -� N) v _r --; Cr CONFESSION OF JUDGMENT Pursuant to the authority contained in the warrant of attorney set forth in the Credit Application & Agreement attached as Exhibit "A" of the Complaint filed in this action, I appear for the Defendant, GRETNA MILLWORKS, INC. d/b/a LEFEVER MILLWORKS, and confess judgment in favor of Plaintiff and against the Defendant as follows: JUDGME Principal $52,534.81 Attorneys fees $13,133.70 TOTAL $65,668.51 AMATO KEATING AND LESSA, P.C. By: A?ABOVE;? • Prothonotary/Clerk of Court Civil Division ichael R. Lessa, Atty ID #88617 Attorney for Plaintiff 107 North Commerce Way Bethlehem, PA 18017 (610) 866-0400 COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW FESSENDEN HALL OF PA., INC. Plaintiff vs. GRETNA MILLWORKS, INC. d/b/a LEFEVER MILLWORKS Defendant - / Cv/ Noi%."/ / : CIVIL ACTION CERTIFICATION OF ADDRESSES OF PARTIES I, Michael R. Lessa, attorney for Plaintiff, hereby certify that the last known addresses for the Plaintiff and Defendant are as follows: Fessenden Hall of PA., Inc. 3021 Industry Drive Lancaster, PA 17603 Gretna Millworks, Inc. dba Lefever Millwork 185 Hempt Road, Mechanicsburg PA 17050 AMATO KEATINGGND LESSA, P.C. By: Michael R. Lessa, Atty ID #88617 Attorney for Plaintiff 107 North Commerce Way Bethlehem, PA 18017 (610) 866-0400 COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW FESSENDEN HALL OF PA., INC. Plaintiff : No. vs. GRETNA MILLWORKS, INC. d/b/a LEFEVER MILLWORKS : CIVIL ACTION Defendant AFFIDAVIT COMMONWEALTH OF PENNSYLVANIA COUNTY OF NORTHAMPTON The undersigned hereby certifies that the attached Complaint for Confession of Judgment for Money Under Rule 2951(b) is not being entered against a natural person in connection with a consumer credit transaction. This action does not arise out of a retail installment sale, contract or account. The transaction upon which the judgment is being entered was a business transaction. u Michael R. Lessa SWORN TO AND SUBSCRIBED BEFORE ME THIS La 4'^ DAY OF 2014 A. NOTARY PUBLIr COMMONWEALTH OF PENNSYLVANIA Notarial Seal Michele C. &fight, Notary Public City of Bethlehem, Northampton County My Commission Expires lune 6, 2015 MEMBER; PEMn9YtraNIA eS56G ATION OF I3OTARIES COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW FESSENDEN HALL OF PA., INC. Plaintiff No. vs. GRETNA MILLWORKS, INC. d/b/a LEFEVER MILLWORKS CIVIL ACTION Defendant COMPLAINT FOR CONFESSION OF JUDGMENT FOR MONEY UNDER RULE 2951(b) Plaintiff files this civil action pursuant to Pennsylvania Rule of Civil Procedure 2951 (b) for judgment by confession and avers the following; 1. The Plaintiff, Fessenden Hall of PA., Inc., is located at 3021 Industry Drive, Lancaster, PA 17603. 2. The Defendant, Gretna Millworks, Inc. d/b/a Lefever Millworks, is located at 185 Hempt Road, Mechanicsburg PA 17050. 3. On or about March 6, 1998, Defendant, for good and valuable consideration received, executed and delivered to Plaintiff a written Credit Application & Agreement ("Agreement"), a true and correct copy of which is attached hereto, made a part hereof and marked Exhibit "A." 4. Pursuant to the Agreement, Defendant agreed to make timely monthly payments to Plaintiff. 5. Defendant has failed to make timely payments to Plaintiff under the Agreement. 6. Defendant is currently in default of the Agreement by virtue of its failure to make timely payments to Plaintiff under the Agreement. FESSENDEN HALL OFF PA, INC.,: IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA THE NINTH JUDICIAL DISTRICT V GRETNA MILLWORKS, INC., d/b/a LEFEVER MILLWORKS, Defendant . CIVIL ACTION - LAW 14-771 CIVIL TERM IN RE: PETITION TO OPEN AND/OR STRIKE CONFESSED JUDGEMENT ORDER OF COURT AND NOW, this Sth day of September, 2014, following a hearing on Defendant Gretna Millworks, Inc.'s Petition to Open and/or Strike Confessed Judgment, the petition is granted. The confessed judgment is opened. By the Court, M' hael R. Lessa, Esquire 07 North Commerce Way Bethlehem, PA 18017 Scott Dietterick, Esquire P.O. box 650 Hershey, PA 17033 :Mae ALL-STATE LEGAL EXHIBIT CIT FESSENDEN HALL OF PA., INC. Plaintiff v. GRETNA MILLWORKS, INC. d/b/a/ LEFEVER MILLWORKS, - Defendant County of Cumberlimb IN THE COURT OF COMMON PLEAS OF THE NINTH JUDICIAL DISTRICT 14-771 CIVIL ACTION IN RE: PLAINTIFF'S MOTION FOR RECONSIDERATION ORDER OF COURT AND NOW, this 20th day of October 2014, upon consideration of Plaintiff's Motion for Reconsideration, a RULE is issued upon Defendant to show cause. the requested relief should not be granted.. PLAINTIFF shall effectuate service of this Order of Court upon Defendant and shall file proof of service. Response by Defendant shall contain a proposed order. RULE RETURNABLE ten (10) days from the date of service. Distribution List: Michael R. Lessa, Esq. Scott Dietterick, Esq. & p;&s t4tA /€'' /0/ I Iv BY THE COURT Thomas A. Placey WV O313OiII3 COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW FESSENDEN HALL OF PA., INC. Plaintiff vs. GRETNA MILLWORKS, INC. d/b/a LEFEVER MILLWORKS Defendant(s) : No. 14-771 Civil : CIVIL ACTION CERTIFICATE OF SERVICE The undersigned certifies that a true and correct copy of Plaintiffs Motion for Reconsideration and Proposed Order and Order of Court of October 20, 2014 providing a Rule Returnable within 10 days was served via first class mail, postage prepaid on October 23, 2014, upon: Scott Dietterick, Esq. James Smith Dietterick & Connelly PO Box 650 Hershey, PA 17033 AMATO KEAT By: SSA, P.C. Michael R. Lessa, Esq., Atty ID #88617 John R. Keating, Esq., Atty ID #52779 David A. Lovejoy, Esq., Atty ID #19829 Daniel A. Wechsler, Esq., Atty ID #203922 Paul F. Troisi, Esq., Atty ID #309511 Attorneys for Plaintiff 107 North Commerce Way Bethlehem, PA 18017 (610) 866-0400 A DEBT COLLECTION LAW FIRM COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW FESSENDEN HALL OF PA., INC. Plaintiff vs. GRETNA MILLWORKS, INC. d/b/a LEFEVER MILLWORKS Defendant : No. 14-771 Civil : CIVIL ACTION PLAINTIFF'S MOTION TO MAKE THE RULE ABSOLUTE Plaintiff, by and through its undersigned counsel, hereby moves this Court for an Order to make the rule absolute, and in support thereof says as follows: 1. On October 14, 2014, Plaintiff filed a Motion for Reconsideration with this Court, a time -stamped copy of which is attached hereto, made a part hereof and marked Exhibit "A." 2. On October 20, 2014, an Order of Court was entered, issuing Defendant to show cause why the Motion should not be granted, and setting a Rule Returnable for Answer within ten (10) days from the date of service. A copy of said Order is attached hereto, made a part hereof and marked Exhibit "B." 3. Notice of the entry of the above-mentioned Order was served upon counsel for Defendant on October 23, 2014. A true and correct copy of the time -stamped Certificate of Service is attached hereto, made a part hereof and marked Exhibit "C." 4. The Defendant has not filed an Answer within the rule returnable deadline. WHEREFORE, Plaintiff respectfully requests that this Court enter an Order to make the rule absolute. AMATO AND LE3A, P.C. By: chael R. Lessa, Esq., Atty ID #88617 Attorney for Plaintiff 107 North Commerce Way Bethlehem, PA 18017 (610) 866-0400 COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW FESSENDEN HALL OF PA., INC. Plaintiff vs. GRETNA MILLWORKS, INC. d/b/a LEFEVER MILLWORKS Defendant(s) : No. 14-771 Civil : CIVIL ACTION CERTIFICATE OF SERVICE The undersigned certifies that a true and correct copy of Plaintiffs Motion to Make the Rule Absolute was served via first class mail, postage prepaid on December 9, 2014, upon: Scott Dietterick, Esq. James Smith Dietterick & Connelly PO Box 650 Hershey, PA 17033 AMATO K ATING AND LESSA, P.C. By: Michael R. Lessa, Esq., Atty ID #88617 John R. Keating, Esq., Atty ID #52779 David A. Lovejoy, Esq., Atty ID #19829 Daniel A. Wechsler, Esq., Atty ID #203922 Paul F. Troisi, Esq., Atty ID #309511 Attorneys for Plaintiff 107 North Commerce Way Bethlehem, PA 18017 (610) 866-0400 A DEBT COLLECTION LAW FIRM COURT OF C:,OMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW FESSENDEN HALL OF PA., INC. Plaintiff vs. GRETNA MILLWORKS, INC. d/b/a LEFEVER MILLWORKS : No. 14-771 Civil : CIVIL ACTION _- Defendant PLAINTIFF'S MOTION FOR RECONSIDERATION Plaintiff, by and through the undersigned counsel, files the within Motion for Reconsideration: 1. On or about February 20, 2014, Plaintiff confessed judgment against Defendant, for the reasons set forth in Plaintiff's Complaint for Confession of Judgment attached hereto, made part hereof and marked Exhibit "A." 2. Pursuant to Pa.R.C.P. No. 236, notice of said judgment was issued by the Prothonotary to Defendant's business address of 185 Hempt Rd., Mechanicsburg, PA 17050. 3. Upon information and belief, the above -referenced Rule 236 Notice was not returned to either the Prothonotary or Plaintiff' s counsel. 4. Accordingly, service of the confessed judgment was properly made upon Defendant. 5. On February 20, 2014, Plaintiff issued written notice to Defendant by regular and certified mail under Pa.R.C.P. No. 2958.1 of its intent to execute on the confessed judgment, true and correct copies of which notice are attached hereto, made part hereof and marked Exhibit "B." 6. Upon information and belief, Defendant was aware of the confessed judgment on or before March 3, 2014 as, on that date, Defendant's legal counsel contacted the undersigned seeking copies of all filings in this matter. ALL -STATE LEGAL® EXHIBIT A 7. Plaintiffs February 20, 2014 Rule 2958.1 Notice sent by regular mail was not returned to Plaintiff. 8. However, Plaintiff's February 20, 2014 Rule 2958.1 Notice sent by certified mail was returned to Plaintiff as unclaimed. 9. Accordingly, on April 4, 2014, Plaintiff attempted sheriff service of the Rule 2958.1 Notice upon Defendant, but the sheriff's return of service indicated that service could not be made as Defendant was no longer there and had ceased operations three (3) weeks prior. A true and correct copy of the sheriff's return of service is attached hereto, made part hereof and marked Exhibit "C." 10. Accordingly, upon information and belief, Defendant was located at the address of 185 Hempt Rd., Mechanicsburg, PA 17050 when the Rule 236 Notice and the Rule 2958.1 Notices were issued. 11. On or about April 22, 2014, Defendant filed a Petition to Open and/or Strike Confessed Judgment, a true and correct copy of which is attached hereto, made part hereof and marked Exhibit "D." 12. On or about May 5, 2014, Plaintiff filed a response to Defendant's Petition to Open and/or Strike Confessed Judgment, a true and correct copy of which is attached hereto, made part hereof and marked Exhibit "E." 13. In Defendant's Petition, Defendant concedes that it was properly served with Plaintiff's Rule 2958.1 Notice, so that issue is conclusively established. 14. Defendant contests, however, service of the original judgment. 15. Hearing on Defendant's Petition was held before this Court on September 5, 2014. 16. At said hearing, the Court noted that the docket reflected that the sheriff's return of service indicated that service could not be made, concluded that the confessed judgment should be opened and, therefore, entered an Order date September 5, 2014 doing so. 17. To the contrary, and as set forth above, service of the original judgment was properly made by the Prothonotary pursuant to Rule 236 and the Rule 236 Notice was not returned to the Prothonotary or Plaintiff's counsel. 18. The sheriff was unable to serve the Rule 2958.1 Notice, but as indicated above, it was issued by regular mail and Defendant concedes that it was properly served with Plaintiff's Rule 2958.1 Notice, so that issue is conclusively established. 19. As notice of the original judgment was properly made under Rule 236 and notice of Plaintiff's intent to execute on said judgment was properly served, by Defendant's admission, Plaintiff respectfully asks this Court to strike the Order of September 5, 2014 and reinstate Plaintiff's confessed judgment. WHEREFORE, for the reasons set forth above, Plaintiff respectfully asks that Defendant's Petition to Open and/or Strike Confessed Judgment be denied. AMATO KEATING AND LESSA, P.C. By: �-- -_ Michael R. Lessa, Atty ID #88617 Attorney for Plaintiff 107 North Commerce Way Bethlehem, PA 18017 (610) 866-0400 COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW FESSENDEN HALL OF PA., INC. Plaintiff vs. GRETNA MILLWORKS, INC. d/b/a LEFEVER MILLWORKS Defendant(s) : No. 14-771 Civil : CIVIL ACTION CERTIFICATE OF SERVICE The undersigned certifies that a true and correct copy of Plaintiffs Motion for Reconsideration was served via first class mail, postage prepaid on October 13, 2014, upon: Scott Dietterick, Esq. James Smith Dietterick & PO Box 650 Hershey, PA 17033 AMATO KEATING AND LESSA, P.C. By: Michael R. Lessa, Esq., Atty ID #88617 John R. Keating, Esq., Atty ID #52779 David A. Lovejoy, Esq., Atty ID #19829 Daniel A. Wechsler, Esq., Atty ID #203922 Paul F. Troisi, Esq., Atty ID #309511 Attorneys for Plaintiff 107 North Commerce Way Bethlehem, PA 18017 (610) 866-0400 A DEBT COLLECTION LAW FIRM COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW FESSENDEN HALL OF PA., INC. Plaintiff : No vs. GRETNA MILLWORKS, INC. d/b/a LEFEVER MILLWORKS : CIVIL ACTION Defendant COMPLAINT FOR CONFESSION OF JUDGMENT FOR MONEY UNDER RULE 2951(b) Plaintiff files this civil action pursuant to Pennsylvania Rule of Civil Procedure 2951 (b) for judgment by confession and avers the following: 1. The Plaintiff, Fessenden Hall of PA., Inc., is located at 3021 Industry Drive, Lancaster, PA 17603. 2. The Defendant, Gretna Millworks, Inc. d/b/a Lefever Millworks, is located at 185 Hempt Road, Mechanicsburg PA 17050. 3. On or about March 6, 1998, Defendant, for good and valuable consideration received, executed and delivered to Plaintiff a written Credit Application & Agreement ("Agreement"), a true and correct copy of which is attached hereto, made a part hereof and marked Exhibit "A." 4. Pursuant to the Agreement, Defendant agreed to make timely monthly payments to Plaintiff. 5. Defendant has failed to make timely payments to Plaintiff under the Agreement. 6. Defendant is currently in default of the Agreement by virtue of its failure to make timely payments to Plaintiff finder the Agreement. EXHIBIT 7. As a consequence of the foregoing default, Defendant is indebted to Plaintiff in the following amount: Principal $52,534.81 Attorneys fees $13,133.70 TOTAL S65,668.51 8. A Statement of Account, showing the principal balance(s) due, is attached hereto, made a part hereof and marked Exhibit "B." 9. Pursuant to the terms and provisions of the Agreement, Plaintiff exercises its option to confess judgment for the entire sum of money which may be due or become due under the attached Agreement. 10. The attached Agreement has not been assigned by Plaintiff. 11. Judgment has not been entered on the attached Agreement in any jurisdiction. 12. Judgment is not being entered against a natural person in connection with a consumer credit transaction. 13. Pursuant to the terms and provisions of the Agreement, Defendant agreed to interest at the rate of 2% per month. 14. Plaintiff is entitled to interest at the agreed rate of 2% per month, going forward. WHEREFORE, Plaintiff demands judgment against Defendant, Gretna Millworks, Inc. d/b/a Lefever Millworks, in the sum of $65,668.51, plus interest and costs as authorized by the warrant of attorney provisions of the attached Agreement. AMATO KEATING AND LESSA, P.C. By: \.i Michael R. Lessa, Atty ID #88617 Attorney for Plaintiff 107 North Commerce Way Bethlehem, PA 18017 (610) 866-0400 VERIFICATION lit ,~ , hereby states that he/she is the 1 11-10of 4 i)-4244PA'aP7\-OrdQ made in the attached Complaint are true and correct to the best of his/her knowledge, information and belief. The undersigned understands that the statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. L., Plaintiff in this action, and verifies that the statements SENT BY!OFF]CE+FAX 3- 6-10 10%1:L4R 71'Ititibf16r4 '1l'r Ld9 r7iq�u fB8senthwI iaII of Pa., inc. CeINFiDENVAL CREDITAPPLICATION & A,GREPr ENT SHIPPINOADDP3i 14�� �RZA �D 125-1-6 ''] BLLING IADDRESS: - CITY. / 411411.0 I ll. 5TK1`9, ZIP: tr CftY STATE: • Z P: COUNTY: (4BUSINESS PHONE: -7n lid 7s *-2', BusTRE4srAx• .717''665 3('‘ NUMBER CFY. ARS E iABLISHHD: _ NUMBER. OF EMPLOYEES: sv ESTIMATED MONTHLY PuftCHA a SE;CIION I: APPLICANT CBUSINESS OR CORPORATE NAM/3);. okuz- LBQAL BNTITYt ( CORPORATION I I PARTNER51iIT [ 1 SOLE PRDPRLHIVRSIOP SALES TAX NUMBRR TYPE. OFRus1N1 s. If-Li.Ot:.r�. e� IS YOUR EUSiNI1r4sEg:Lo aOFVNPI):I 1 • RE<NTIM: I}(l NAME OF LANDI:OR D/MORTOAOE COMPANY: j` e c -itAit,Iterl..s ADDRESS dr TFLP E9NE'NUMBER SECTION IT. O vl HR. ITE APPLICANT 1$ SOLE PROPRUETQRSH IP OR PARTNBRs1j OR.OFPItTRS (IPA CORPORATION) NAME TITLE Rota /►DDRESS,•C,ETA ZIP HOME PROM NO. 90CaALSECURITY F A f IV° . Chr M, -;711-14- J6'i-+12 - reeez4 fr` I7a7 SEC1IONEII. BANK' OR SAb?ING3 LOAN hSSOtiATrON BANK NAME/NAME OFCONTACT .ADDRESS ACCOUNT NO. PHONBMOFIiANK CONTACT CP,D8RirGtuNK) 141g5i% , 1,-43 iia fOL SECTION iV APPIdCANN PRINCIPAL S UFPI.181t5 (LIST AT j.EAST THREE) NAME ADDRESS, CITY. STATE.7IP ACCOUNTNO. PHONE NO. :,.,•_ ... V uit„.. .91g9 • 66,5 -5827 4,; .4/5" AGILE ,> N1 TERMSa In eonsldgitlan of ibo'c eteathin media:m lheApplkagt (which FESSE IDEM HALL reeetvee the right to gran revoke or modll'p ii iuy tlmc). Tho Appticant epee's to pry for an items daltriesd or msleet rendstad ta.16e ApPlices. in accordance with die rains of. etalaina Nee. Applicant apes the the ' tertiu end audition t Okla hated an seri InroteesSIsell be s eeetitettowsitnPESSENDEN HALL sad tie APplicea,L Applis�taant weal test a roandtly acerin. charas, of 2% per month or thsliVisrsmMmtt legilly allowed shall bi jayibte on Alt chic, dee pES$ENDEN HALLrwhI A Waren been paid by. the 30th day pf the month following billing,.sad Applicant aglow promPUypay said saving chirpy AIi Waft/UnasfMce ehtlrac, ccarp ed an the same bands will ba docrandipArkhle tray 10 daysderraftcc Walser ide.pyone erttloeaservice chum bdINth detest to: be4waiver of&turnu vac charged Applicant rep posit toFESSENDHNRAILdist its perdu its will he *Orly for commercial 'Opuses. THE APPLICANT AUTHOIi12ES: THE CLERI .PROTHONOTARY OR'ATCORNEY OP.ANY COURT or RECORD TO APPEAR FOR THE APPLICANT AND CONFESS IUPOBMENT AOAINsT THE APPLICANT FOR ANY SVM UNPAID UNDER SUCH, INVOICES. Should it become seen to plena:t is `account with s aollecdas rSa cy or titan** Applicant >ypeS$ toyty'RI eallecden.11eeey casts Ind enemy fed InaddtdonWilothersnnnrdot. AppticentaathorisesPeSSBNDEN./fALLtaoblsla.stedfsand RunclallnfoaaalloneonctrningtheAPPIldet' y�mpesadfrom[ any loured THE UNDBRSIONSD WARRANTS'THAT THE ABOVE AoRgporrer.xo BE CAREFULLY READ AND THAT APPLICANT INTENDS THS ABGVE PROVISIONS TO B$ LW3ALLYf EINDING•UPON ACCEPTANCE OPTHB'CRSDITAPPLICATION BY FESSENDBN HALL. ..c. joy,I viur bk. • JJ A ri 2 - rq�� .NAME SKIN 1ii EXHIBIT A 01/05/14 09;17 AM EST 859-655-5518 vie VSr-FAX Pa98' 2 of 3 #123724 5E Cust* L0550 LEFEVER MILLWORK Co'ntSCt CINOY Phones 717-091-7800 Fail! 717-691-7881 Inv• potty Coat PO 162827 07/29/13 7744 153499 153500 163501 163502 164478 081.01/13 7744 08/01/13 7744 08/01/13 7744 08/01113 7746 08/05/1.3 7755 185053 08/07/13 7750 18804.E 00/12/13 7764 166839 08/14/13 7755 165141 08/14/13 7770 166642 167567 168094 15808.5 108096 158097 189066 169157 169158 159069 169070 169581 00/14/13 00/19/13 08/21/13 08/21/13 08/2:1/13 08/21/1.3 09/28/13 08/26/13 06/25/13 DB/26/1'3 08/26/13 06/28/1.3 169582 08/28/13 159583 08/25/13 0-58349 170215 170784 170785 170786 170797 171746 172285 172266 173195 17377.6 173777 174554 174685 174688 175225 175226 17522.7 175228 00/30/13 09/04/13 09/04/.13 00/04/13 09/0.4/13 09/09/13 09/11/13 09/11/13 09/18/13 09/18/13 09'/19/'1.3 09/23/13 09/23/13 09/23/13 09/25./13 09/25/13 09/25/13 09/25/13 7.775 7781 7755 7781 7791 7791 7711 7791 7797 7797 7799 7791 7797 7806 138708 7797 7781 7806 7806 7811 7011 7818 7810 7823 7835 7835 7024 7835 7846 7824 7835 7851 7852 i Balance : : On Order: 1 r L1mit: Amount 1, 456. 55 290. 72 72-95 31.00 200.64 '2,120,60 975: 96 889. 97 3, 152. 50 2, 141. 12 167. 58 4, 475. 05 31. 00 114. 24 551. 50 1, 925. 30 351.5 0 117. 20. 544.58 107. 30 231.60 1 945. 00 504. 00 982, 88 68, 97 24. 70 889. 28 901, 12 1, 003. 20 2, 441. 32 92., 64 3, 431. 8.1 2, 957. 50 261. 60 1, 749, 61 1, 012, BO 337, .92 1, 164. 80 135. 04 128. 00 1, 036. 63 87, 00 So.l.esR.ep: WELSH - 01/98 48., 516.33 ; 1,01 Pay: 1:244711,3 r COTP' 11.5 0. 00 ; Pay Amt; 4, 236, 20 ; POTP 117.0 50, 000, 00 ; C.heck* 20400 H 90i829 Peym'ent Curr Over 30 Ovsr 60 Over 80 500. 00. 11/26/13 CHK1 20305 356,.56 12/02113 CNK* 20372 1,106.80 08/26/13 CNK9 296.80 09/26/13 CHK 1,331,32 08/25/13 CHK* 44, 49 0.8/29/13 CHK# 600. 00 ZOO. 72 7.2.'96. 31. 00 200. 64 1011. 90 679.16 089., 97 3152, 50 404, 6.0 167. 68 4475. 06 31. Q0 114. 24 B51. SO 1975. 30 351. 90 117. 20 544. 59 307. 36 231. 60 1945. 00 504. 00 3B2. 88 -44, 48 68. 97 24, 70 869. 28 901. 12 1003. 20 2441. 32 92. 6.4 34.31. 8'1 2857, 50 281. 60 1749. 6I 1012. 80 337.-92 1154. 80 135. 04 129.00 1036. 83 07, 00 01/05/14 09:17 AM E'ST 856-665-8518 V1a,VSI-FAX Page of 3 t123724 0. Cutts 1.0550 LEFEVER MILLWORK So1esRep: WELSH - 03/98 .Contact CINDY Phon9a 717-691-7900 Fax* 717-89.1-7881 t olance On:Order Cr `Limit: 48, 536. 33 1 Lst Pay: 0.00 Pay qmt: 50, 00.0.00 ; the" cka : Inv* Date dust PO Amount Payment 12/17/'13 ; [DTP 115 4, 21B. 20 :1 POTP 100 20409 ;. H 01,829 Curr Over 30 Over 60 Over 90 176126 176127 176128 176721 177763 178266 178987 180671 1.82153 183257 183888 184223 185125 185610' 188478 186061 09/30/13 0A/30/13 09/30/13 101'02/73 10/07/13 10/08/13 10/08./13 10/21/13 10/28/.13 11/01/13 11/04/13 11/013/13 11/11/13 11/13/13. 11/27/13 12/04/13 191627 12/18/13 191828 12/16/13 191629 12/16/.11 191630 12/16/13 1.93875 01/01/14 CURR- Balance 52; 534. 8.1. saaaoarorrarr 7824 675.20 7824 202 58 7857 1, 851. 79 7883 1, 759. 44 7870 832.38 7871 9.05, 05 7871 270. 00 7881 67. 52 7892 354. 30 18741 32, 58 78.99 270.08 7902 175. 52 7803 30.88 7908 470. 80 7014. 175. 68 18771 33B. 54 7917 1,412, 00 7019 554. 50 7921 1, 207. 28 7924 136,96 16802 651. 20 Pay iriehts Current rias= m•rs arrrr r.•saaaa. 000=sa00.0ae. o&x rammtt as MralEria r. As 1f 01131/14 0.0000.11. wwwwwaaar.rrae._= 3, 081. 94 aorc.-oa C u.r re n t 1412. 00 554. 50 1207. 28 136. 96 851. 20 Over 30 1, 015. 90 805. 05 270,08 67.52 354,16 3.2. 56 27-0, 00 175;. 52 30.98 470.80 175. 68 338..54 over 80 1, 975. 11 a a saa.r..rr,.r Over 30 Over 68 651. 20 3., 310. 74 1, 491. 50 875. 20 202. 56 1851. 79 1759, 44 832. 38 Over 90 4t583.10 Over 90' 43, 112. 89 o00ip===aa l AMATO KEATING AND LESSA P.C. Pittsburgh Office: 42)2 Northern Pile, Suite 202 Pittsburgh, PA 15146-2719 Tel: (412) 856.8484 Fax: (412) 856.4444 Admitted to Practice In: Pennsylvania Onlyt Pennsylvania and New Jcncy t+ Pennsylvania and West Virginia ++t 107 NORTH COMMERCE WAY, SUITE 100 BETHLEHEM, PA 18017-8930 TELEPHONE (610866-0400 FACSIIVHLE (610) 866-9155 WEBSITE w W.A\IATOLr1+V.COM EMAIL ENI... L5gg,AMATOLAW.CO%I A DEBT COLLECTION LAN' FIRM CERTIFIED MAIL RETURN RECEIPT REQUESTED Gretna Millworks, Inc. d/b/a Lefever Millwork 185 Hempt Road Mechanicsburg PA 17050 Re: FESSENDEN HALL OF PA., INC. v. GRETNA MILLWORKS, INC. d/b/a LEFEVER MILLWORKS Cumberland County Court of Common Pleas Civil Action No.: 14-771 Civil Reference #: 2140051 Dear Sir/Madam: RONALD AMATOt JOHN R. KEATING+++ MICHAEL P.. LESSA+ LOUIS 1). SWART7.t DAVID A. LOVEJOY+ IUSTIN N. DAVIS+ DANIEL A. WECHSLF.Rt PAUL F. TROISI ft FEBRUARY 20, 2014 Enclosed please find a Notice Under Rule 2958.1 of Judgment and Execution Thereon in regard to the above -referenced matter. Kindly govern yourself accordingly. Very truly yours, AMATO KEATING AND LESSA, P.C. By: Michael R. Lessa EXHIBIT c COURT OFCOMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW FESSENDEN HALL OF PA. INC. Plaintiff : No. 14771 Civil vs. GRETNA MILLWORKS, INC. d/b/a LEFEVER MILLWORKS : CIVIL ACTION Def end ant( s) NOTICE UNDER RULE 2958.1 OF JUDGMENT AND EXECUTION THEREON NOTICE OF DEFENDANT'S RIGHTS TO: GRETNA MILLWORKS, INC. d/b/a LEFEVER MILLWORKS A judgment in the amount of $65,668.51 has been entered against you and in favor of the Plaintiff without any prior notice or hearing based on a confession of judgment contained in a written agreement or other paper allegedly signed by you. The sheriff may take your money or other property to pay the judgment at any time after thirty (30) days after the date on which this notice is served on you. You may have legal rights to defeat the judgment or to prevent your money or property from being taken. YOU MUST FILE A PETITION SEEKING RELIEF FROM THE JUDGMENT AND PRESENT IT TO A JUDGE WITHIN THIRTY (30) DAYS AFTER THE DATE ON WHICH THIS NOTICE IS SERVED ON YOU OR YOU MAY LOSE YOUR RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 AMATO AND LESSA, P.C. By: Michael R. Lessa, Esq., Atty ID #88617 Attorneys for Plaintiff 107 North Commerce Way Bethlehem, PA 18017 (610) 866-0400 A DEBT COLLECTION LAW FIRM Pittsburgh Office: 4232 Northern Pike. Suite 202 Pittsburgh. PA 15146-2719 Tel: (412) 856-8484 Fax: (412) 856-4444 AMATO KEATING AND LESSA, P.C. 107 NORTH COMMERCE WAY, SUITE 100 BETHLEHEM, PA 18017-8930 TELEPHONE (610) 866-0400 FACSIMILE (610) 866-9155 WEOSITt WWW. A\IATOLAw.COM EMAIL E\1AIL tAMATOL.AW.CO\i A DEBT COLLECTION LAW 1FI1LM Admitted to Praci6ce In: Pennsylvania Onlyt Pennsylvania and New Jersey tt Peinsyhania and West Virginia tit Gretna Millworks, Inc. d/b/a Lefever Millwork 1 85 Hempt Road Mechanicsburg PA 17050 Re: FESSENDEN HALL OF PA.. INC. v. GRETNA MILLWORKS, INC. d/b/a LEFEVER MILLWORKS Cumberland County Court of Common Pleas Civil Action No.: 14-771 Civil Reference #: 2140051 Dear Sir/Madam: RONALD AMATO* JOHN R. KFATING+t$ MICHAEL R. LESSAt LOUIS B. SWARTZt DAVID A. LOVFJOYt JUSTIN N. DAVIS,: DANIEL A. WECHSLERt PAUL F. TROTS, tt FEBRUARY 20, 2014 Enclosed please find a Notice Under Rule 2958.1 of Judgment and Execution Thereon in regard to the above -referenced matter. Kindly govern yourself accordingly. Very truly yours, AMATO KEATING AND LESSA, P.C. By: ilVl chael R. Lessa COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW FESSENDEN HALL OF PA., INC. Plaintiff vs. GRETNA MILLWORKS, INC. d/b/a LEFEVER MILLWORKS Defendant(s) : No. 14 771 Civil : CIVIL ACTION NOTICE UNDER RULE 2958.1 OF JUDGMENT AND EXECUTION THEREON NOTICE OF DEFENDANT'S RIGHTS TO: GRETNA MILLWORKS, INC. d/b/a LEFEVER MILLWORKS A judgment in the amount of $65,668.51 has been entered against you and in favor of the Plaintiff without any prior notice or hearing based on a confession of judgment contained in a written agreement or other paper allegedly signed by you. The sheriff may take your money or other property to pay the judgment at any time after thirty (30) days after the date on which this notice is served on you. You may have legal rights to defeat the judgment or to prevent your money or property from being taken. YOU MUST FILE A PETITION SEEKING RELIEF FROM THE JUDGMENT AND PRESENT IT TO A JUDGE WITHIN THIRTY (30) DAYS AFTER THE DATE ON WHICH THIS NOTICE IS SERVED ON YOU OR YOU MAY LOSE YOUR RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 AMATO AND LESSA, P.C. By: , 1 ,-" -) Michael R. Lessa, Esq., Atty ID #88617 Attorneys for Plaintiff 107 North Commerce Way Bethlehem, PA 18017 (610) 866-0400 A DEBT COLLECTION LAW FIRM Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor '2) P-/005 SHERIFF'S OFFICE OF CUMBERLAND COUNTY 1-1 , oi Feddenden Hall of PA, Inc. vs, Gretna tVlillworks, Inc. d/b/a Lefever Millworks Case Number 2014-771 SHERIFF'S RETURN OF SERVICE 04/04/2014 03:22 PM - Sheriff Ronny R Anderson, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit: Gretna Millworks, Inc. d/b/a Lefever Millworks, but was unable to locate the Defendant in his bailiwick. The Sheriff therefore returns the within requested Notice as "Not Served" at 165 Hempt Road, Silver Spring, Mechanicsburg, PA 17050. Address is vacant, deputies were advised by a neighbor that the business closed three weeks ago and laid off the employees. SHERIFF COST: $44.30 SO ANSWERS, April 07,2014 RON6 R ANDERSON, SHERIFF • ' ' COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW FESSENDEN HALL OF PA., INC. Plaintiff vs, GRETNA MILLWORKS, INC. d/b/a LEFEVER MILLWORKS Defendant(s) : No. 14-771 Civil : CIVIL ACTION NOTICE UNDER RULE 2958.1 OF JUDGMENT AND EXECUTION THEREON NOTICE OF DEFENDANT'S RIGHTS TO: GRETNA MILLWORKS, INC. d/b/a LEFEVER MILLWORKS A judgment in the amount of $65,668.51 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 130) DAYS AFTER THE DATE ON WHICH THIS NOTICE IS SERVED ON YOU OR YOU MAY LOSE YOUR RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 1717) 249-3166 �,. �•rr •.,,:.._.�.. ,;.- r.. nd AMATO AND LESSA, P.C. By: ,- Michael R. Lessa, Esq., Atty ID #88617 Attorneys for Plaintiff 107 North Commerce Way Bethlehem, PA 18017 (610) 866-0400 A DEBT COLLECTION LAW FIRM Scott A. Dietheick, Esquire Supreme Couit ID. #55650 JSDC Law Orticee PO Bei 650 Herslie, PA 37033 (717) 533-3280 oclAisdc,cign FESSENDEN HALL OF PA., INC., PLAINTIFF v. GRETNA MILLWORICS, INC, d/b/a LEFEVER MILLWORKS, DEFENDANT LE,.*1-OFFCE Cr THE PRO1HONO TAR 2014 APR 22 MI la: 06 CUMBERLAND COUNTY PENNSYLVANIA : IN THE COURT OF COMMON PLEAS ; CUMBERLAND COUNrY, PENNA : NO. 14 -771 -CIVIL : CIVIL ACTION — LAW DEFENDANT'S PETITION TO OPEN AND/OR STRIKE CONFESSED JUDGMENT And now, comes the Defendant, Gretna. Millworks, Inc., ti/bia Lefever Millworks, by and through its attorneys, JSDC Law Offices, and files this Petition to Open and/or Strike Confessed Judgment as follows: 1. No authorized officer executed a document on behalf of Defendant authorizing confession of judgmeni 2. The Complaint containing the document allegedly containing the warrant of attorney permitting Plaintiff to enterjudgrnent by confession was never served upon Defendant, only the Notice under Rule 2958.1. 3 Defendant believes it has valid defenses, -o , or credits against the amounts claimed owed by Plaintiff. WHEREFORE, Defendant respectfully requests that this Honorable Court issue a Rule upon Plaintiff to show cause why Plaintiff's judgment by confession should not be opened and/or stricken pursuant to Pa.R.C.P. 2959. Date: JSD _. 04 BY: Scott A. ie Frick, Esquire Attonieys for Plaintiff PA LD. # 55650 Po Box 650 Hershey, PA 17033 (717) 533-3280 FESSENDEN HALL OF PA., INC., PLAINTIFF' v. GRETNA MILLWORKS, INC., d/b/a LEFEVER MILLWORKS, DEFENDANT THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNA NO. 14 -771 -CIVIL • : CIVIL ACTION - LAW VERIFICATION I, Sandy Fogle, on behalf of Gretna Millworks, Ind., d/b/a Lefever Millworks, depose and say subject to the penalties of 18'Pa.C.S.A., scc.4904 relating to Unsworn falsification to authorities that the facts set forth in the foregoing pleading are file and correct to the best of my information, knowledge' and belief. Daw LI )(0 y FESSENDEN HALL OF PA., INC., PLAINTIFF v. GRETNA MILLWORKS, INC., d/b/a LEFEVER MILLWORKS, DEFENDANT : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNA NO. 14 -771 -CIVIL : CIVIL ACTION — LAW CERTIFICATE OF SERVICE The undersigned hereby certifies that a true and correct copy of the foregoing Petition to Open and/or Strike Confessed Judgment was served on the following this day of April, 2014 via First Class U. S. Mail, Postage Pre -paid: Date: Michael R. Lessa, Esquire 107 North COminerce Way Bethlehem, PA 180147 JSDC OFF CES BY: enise L. Foster, Par1eaI COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW FESSENDEN HALL OF PA., INC. Plaintiff vs. GRETNA MILLWORKS, INC. d/b/a LEFEVER MILLWORKS Defendant 14-771 CIVIL : CIVIL ACTION PLAINTIFF'S ANSWER TO DEFENDANT'S PETITION TO OPEN AND/OR STRIKE CONFESSED JUDGMENT Plaintiff, by and through the undersigned counsel, files the within Answer to Defendant's Petition to Open and/or Strike Confessed Judgment: I. Denied as a conclusion of law. Without waiving the foregoing, the operative documentation was clearly signed by a "Stanley Gerberich" who identified himself as the president of the Defendant corporation. Furthermore, the records of the Pennsylvania Department of State - of which this Court may take judicial notice - clearly reflect that Stanley Gerberich is the registered president, secretary and treasurer of Defendant. (A true and correet copy of said records are attached hereto as Exhibit "A.") Accordingly, it is specifically denied that Stanley Gerberich did not have the authority to execute the written agreement with Plaintiff. 2. Denied. Notice of a confessed judgment is served upon a defendant in the same mariner as any judgment, pursuant to Rule 236(a)(1). The Rule 236 Notice was served upon Defendant at their registered address. A true and correct copy of the Court's Rule 236 Notice, together with the accompanying documentation is attached hereto, made part hereof and marked Exhibit "B." Accordingly, it is specifically denied that Defendant was riot served with Plaintiff's Complaint. Ii is admitted, however, that Defendant received Plaintiffs Rule 2958.1 Notice. 3. Denied as stated. This averment is legally irrelevant to a petition to strike a judgment. Moreover, in order to support a petition to open a judgment, the petitioner is required to set forth its defenses with' Specificity. Accordingly, Defendant's mere assertion of a belief that it has "valid defenses, set -offs or credits" without specificity as to the nature of those defenses, set -offs or credits - is legally insufficient to support a petition to open a judgment. Furthermore, Defendant has not plead any of the other common law requirements supporting a petition to' open a judgment. WHEREFORE, for the reasons set forth above, Plaintiff respectfully asks that Defendant's Petition to Open and/or Strike Confessed Judgment be denied. AMATO 1KEATING D LESSA, P.C. By: Michael R. Lessa, Atty ID #88617 Attorney for Plaintiff 107 North Commerce Way Bethlehem, PA 18017 (610) 866-0400 COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW FESSENDEN HALL OF PA., INC. Plaintiff vs. : No. 14-771 Civil GRETNA MILLWORKS, INC. d/b/a LEFEVER MILLWORKS : CIVIL ACTION -, Defendant(s) CERTIFICATE OF SERVICE The undersigned certifies that a true and correct copy of Plaintiff's Answer to Defendant's Petition to Open and/or Strike Confessed Judgment was served via first class mail, postage prepaid on May 1, 2014: Scott Dietterick, Esq. James Smith Dietterick & PO Box 650 Hershey, PA 17033 AMATO K€ATING AND LESSA, P. By: Michael R. Lessa, Esq., Atty ID #88617 John R. Keating, Esq., Atty ID #52779 David A. Lovejoy, Esq., Atty ID #19829 Justin N. Davis, Esq., Atty ID #84464 Daniel A. Wechsler, Esq., Atty ID #203922 Paul F. Troisi, Esq., Atty ID #30951 1 Attorneys for Plaintiff 107 North Commerce Way Bethlehem, PA 18017 (610) 866-0400 A DEBT COLLECTION LAW FIRM Business Entity Page 1 of 2 Corporations Online Services J Corporations J Forms i Contact Corporations 1 Business Services Search By Business Name By Business Entity ID Verify Verify Certification Online Orders Register for Online Orders Order Good Standing Order Certified Documents Order Business List My Images Search for Images Business Entity Filing History Date: 4/30/2014 (Select the Zink above to view the Business Entity's Filing History) Business Name History Name GRETNA MILLWORKS, INC. Name Type Current Name Business Corporation - D Entity Number: Status: Entity Creation Date: State of Business,: Registered Office Address: Mailing Address: omestic - Information 2777974 Active 10/1/1997 PA 2856 PINCH RD MANHEIM PA 17545-0 Lancaster No Address Officers Name: Title: Address: Name: Title: Address: Name: Title: Address: STANLEY GERBERICH President 185 HEMPT RD MECHANICSBURG PA 17050- 2605 STANLEY GERBERICH Secretary 185 HEMPT RD MECHANICSBURG PA 17050- 2605 STANLEY GERBERICH Treasurer 185 HEMPT RD MECHANICSBURG PA 17050- 2605 haps://www.corporations.state.pa.us/corp/soskb/Corp.asp?1696094 4/30/2014 Business Entity Page 2 of 2 Copyright ® 2002 Pennsylvania Departrnenl of State. All Rights Reserved, Privacy Policy! Security Policy haps://www.corporations.state.pa.us/corp/soskb/Corp.asp?1696094 4/30/2014 COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL'ACTION - LAW 1L1. GU,, FESSENDEN HALL OF PA., INC. Plaintiff ? vs. GRETNA MILLWORKS, INC. d/b/a LEFEVER MILLWORKS Defendant : CIVIL ACTION NOTICE OF JUDGMENT To: Gretna Millworks, Inc. d/b/a Lefever Millworks 185 Hempt Road Mechanicsburg PA 17050 Pursuant to Pa. R.C.P. No. 236, you are hereby notified that judgment by confession has been entered against you for S65,668.51 in the above captioned matter. A copy of all documents filed with the prothonotary in support of the within judgment are enclosed. Date: aJIbfIf PROTHONOTARY - CUMBERPAND CE)fY f r: i Per: r ! 0 y 9 A ti If you have any questions concerning the above, please contact the undersigned. AMATO KEATING AND LESSA, P.C. By: Michael R. Lessa, Atty ID #88617 Attorney for Plaintiff 107 North Commerce Way Bethlehem, PA 18017 (610) 866-0400 EXHIBIT COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION LAW FESSENDEN HALL OF PA., INC. Plaintiff vs. GRETNA MILLWORKS, INC. d/b/a LEFEVER MILLWORKS Defendant No. /9. 77/ ( CNIL ACTION CONFESSION OF JUDGMENT CD Pursuant to the authority contained in the warrant of attorney set forth in the Credit Application & Agreement attached as Exhibit "A" of the Complaint filed in this action, I appear for the Defendant, GRETNA MILLWORKS, INC. d/b/a LEFEVER MILLWORKS, and confess judgment in favor of Plaintiff and against the Defendant as follows: Principal $52,534.81 Attorneys fees $13.133.70 TOTAL $65,668.51 AMATO KEATING AND LESSA, P.C. By: Michael R. Lessa, Atty ID 488617 Attorney for Plaintiff 107 North Commerce Way Bethlehem, PA 18017 (610) 866-0400 JUi3GMEN NT A4%)ABOVFI () 1 i 'r "f Prothonotary/Clerk of Court Civil Division o•. COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW FESSENDEN HALL OF PA., INC. Plaintiff vs. GRETNA MILLWORKS, INC. d/b/a LEFEVER MILLWORKS Defendant No. it/ --1? 11/1 CIVIL ACTION CERTIFICATION OF ADDRESSES OF PARTIES I, Michael R. Lessa, attorney for Plaintiff, hereby certify that the last known addresses for the Plaintiff and Defendant are as follows: Fessenden Hall of PA., Inc. 3021 Industry Drive Lancaster, PA 17603 Gretna Millworks, Inc. dba Lefever Millwork 185 Hempt Road, Mechanicsburg PA 17050 AMATO KEATING By: ND LESSA, P.C. Michael R. Lessa, Atty ID it88617 Attorney for Plaintiff 107 North Commerce Way Bethlehem, PA 18017 (610) 866-0400 COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA crvm ACTION - LAW F SENDEN HALL OF PA., INC. Plaintiff vs. GRETNA MILLWORKS, INC. dlb/a LEFEVER MILLWORKS Defendant No. CIVIL ACTION AFFIDAVIT COMMONWEALTH OF PENNSYLVANIA : COUNTY OF NORTHAMPTON The undersigned hereby certifies that the attached Complaint for Confession of Judgment for Money Under Rule 2951(b) is not being entered against a natural person in Connection with a consumer credit transa tion. This action doe S not arise out of a retail instillnient sale, contract or account. The transaction upon which the judgment is being entered was a business transaction. Michael R. Lessa SWORN TO AND SUBSCRIBED BEFORE ME THIS to DAY OF 2014 A. NOTARY PUB COMMONWEALTHCF PENNSYLVANIA INotinal Seal ch MieSe C. WO% Notary PUbliC oty of Fr ethlehem, NorTharnoton County fly Coninusslon Expires June 6, 25 . Pa EWA ofitionva NIA 065e3ITION OF kouttle5 COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW FESSENDEN HALL OF PA., INC. Plaintiff : No. vs. GRETNA MILLWORKS, INC. d/b/a LEFEVER MILLWORKS : CIVIL ACTION Defendant COMPLAINT FOR CONFESSION OF JUDGMENT FOR MONEY UNDER RULE 295101 Plaintiff files this civil action pursuant to Pennsylvania Rule of Civil Procedure 2951 (b) forjudgment by confession and avers the following: 1. The Plaintiff, Fessenden Hall of PA., Inc., is located at 3021 Industry Drive, Lancaster, PA 17603. 2. The Defendant, Gretna Millworks, Inc. d/b/a Lefever Millworks, is located at 185 Hempt Road, Mechanicsburg PA 17050. 3. On or about March 6, 1998, Defendant, for good and valuable consideration received, executed and delivered to Plaintiffa written Credit Application & Agreement ("Agreement"), a true and correct copy of which is attached hereto, made a part hereof and marked Exhibit "A." 4. Pursuant to the Agreement, Defendant agreed to make timely monthly payments to Plaintiff. 5. Defendant has failed to make timely payments to Plaintiff under the Agreement. 6. Defendant is currently in default of the Agreement by virtue of its failure to make timely payments to Plaintiff under the Agreement. �14COS1 CZ FESSENDEN HALL OF PA, INC.,: IN THE .COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY,.PENNSYLVANIA THE NINTH JUDICIALDISTRICT v GRETNA MILLWORKS, INC., d/b/a LEFEVER MILLWORKS, Defendant • CIVIL ACTION = LAW • 14-771 CIVIL TERM IN RE: PETITION TO OPEN AND/OR STRIKE CONFESSED JUDGEMENT ORDER OF COURT AND NOW, this Sth day of September, 2014, following a hearing on Defendant Gretna Millworks, Inc.'s Petition to Open and/or Strike Confessed Judgment, the petition is granted. The confessed judgment is opened. By the Court, M' hael R. Lessa, Esquire / -0. North Commerce Way Bethlehem, PA 18017. Scott Dietterick, Esquire P.O. box 650 Hershey, PA 17033 :mae FESSENDEN HALL OF PA., INC. Plaintiff V. GRETNA MILLWORKS, INC. dib/al LEFEVER MILLWORKS, Defendant IN THE.COURT.OF.,COMMON PLEAS OF THE NINTH JUDICIAL DISTRICT 14-771 CIVIL ACTION IN RE: PLAINTIFF'S MOTION FOR RECONSIDERATION ORDER OF COURT AND NOW, this 20th day of October 2014, upon cOnsideratiOn of Plaintiffs Motion for Reconsideration, a RULE is issued upon Defendant to show cause the requested relief should not be granted.. PLAINTIFF shall effectuate service of this Order of Court upon Defendant and shall file proof of service. Response by Defendant shall contain a proposed order. RULE RETURNABLE ter, (10) days froM the date Cf service. Distribution List: Michael R. Lessa, Esq. Scott Dietterick, Esq. BY THE COURT, Thomas A. Placey ;'- COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW FESSENDEN FALL OF PA.. INC. Plaintiff vs. GRETNA MILLWORKS, INC. d/b/a LEFEVER MILLWORKS Defendant AND NOW, this : No. 14-771 Civil : CIVIL ACTION ORDER day of , 2014, upon consideration of Plaintiffs Motion for Reconsideration, and Defendant's response thereto, it is HEREBY ORDERED that said Motion is GRANTED. It is FURTHER ORDERED that the Order of this Court dated September 5, 2014 is STRICKEN. It is FURTHER ORDERED that Plaintiff's February 20, 2014 judgment against Defendant in the amount of $65,668.51 is REINSTATED. J. MICHAEL R. LESSA, ESQUIRE 107 NORTH COMMERCE WAY BETHLEHEM PA 18017 SCOTT DIETTERICK, ESQUIRE PO BOX 650 HERSHEY PA 17033 COIRT OF COMMON PLEAS 017 CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW FESSENDEN HALL OF PA., INC. Plaintiff : No. 14-771 Civil vs. GkETNA 1V111.,LWORKS; INC. d/b/a LEFEVER. miLLWOkics Defendant(s) : CIVIL ACTION CERTIFICATE OF SERVICE ' • • ! • 1 2121-(xD5i • The undersigned certifies that a true and correct copy of Plaintiffs Motion for Reconsideration and Proposed Order and Order of Court of October 20, 2014 providing a Rule Returnable within 10 days was served via first class mail, postage prepaid on October 23, 2014, upon: Scott Dietterick, Esq. James Smith Didtterick & Ccinnelly PO Box 650 Hershey, PA 1703 AMATO KEAT A LI SA, P.C. By: Michael. R. Lessa, Esq., Atty ID #88617 John R. Keating, Esq., Atty ID #52779 David A. LOVejoy, ESq., Atty ID #19829 Daniel A. Wechsler, Esq., Atty ID #203922 Paul F. Troisi, Esq., Atty ID 1/309511 Attorneys for Plaintiff 107 North CornMerce Way Bethlehern, PA 18017 (610) 866-0400 A DEBT COLLECTION LAW FIRM EXHIBIT °I191 FESSENDEN HALL OF PA., INC. Plaintiff v. GRETNA MILLWORKS, INC. d/b/a/ LEFEVER MILLWORKS, Defendant Coantp et Cumberianb IN THE COURT OF COMMON PLEAS OF THE NINTH JUDICIAL DISTRICT 14-771 CIVIL ACTION IN RE: PLAINTIFF'S MOTION FOR RECONSIDERATION ORDER OF COURT AND NOW, this 22nd day of December 2014, upon consideration of Plaintiff's Motion for Reconsideration, and noting no response from Defendant to the Rule, Plaintiff's Motion is GRANTED. The 5 September 2014 Order of Court is STRICKEN and Plaintiff's 20 February 2014 judgment against Defendant in the amount of $65,668.51 is REINSTATED. �stribution List: N�ichael R. Lessa, Esq. Scott Dietterick, Esq. /a/A 3 y BY T COURT, --- Thomas Ar ' acey C.P.J. � rri N , CO CO CD