HomeMy WebLinkAbout05-2074
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION
SOVEREIGN BANK
Plaintiff
vs.
No. D5~- 0< 07'-1 (~...:. f ~
DAVID L. ELLIS
DAVID L. ELLIS AGENCY, INC.
DAVID ELLIS & CO. OF
PENNSYLVANIA, INC.
Defendants
Confession of Judgment
CONFESSION OF JUDGMENT
Pursuant to the authority contained in the Warrant of Attorney, a copy of which is
attached hereto, I appear for the above Defendants and confess judgment in favor of
the Plaintiff, Sovereign Bank, and against the Defendants, in the amount of $25,387.83
as follows, itemized below:
Principal Balance
Interest through 04/05/05
Late Charges
Reasonable Attorneys Fees (10%)
$21,850.02
$ 547.78
$ 805.02
$ 2,185.01
Total
$25,387.83, plus costs of suit.
Judgment entered as above.
DATED: 4-/'C-o"(;
Benjamin F. Rig , r.
Attorney for Defendants
PA1-YGS-01-01
101 South George Street
York, PA 17401
Phone: (717) 771-9456
I.D. No. 72030
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION
SOVEREIGN BANK
Plaintiff
vs.
No.
05"~ !}.o7'-i ~.wv--
DAVID L. ELLIS
DAVID L. ELLIS AGENCY, INC.
DAVID ELLIS & CO. OF
PENNSYLVANIA, INC.
Defendants
Confession of Judgment
COMPLAINT FOR CONFESSION OF JUDGMENT
Plaintiff, Sovereign Bank, confesses judgment against Defendants, David L. Ellis,
an individual, David L. Ellis Agency, Inc., a corporation, David Ellis & Co. of
Pennsylvania, Inc., a corporation, in the amount of $25,387.83 as provided for in that
certain Note in support thereof avers as follows:
1. The Plaintiff is Sovereign Bank, successor-in-interest to Waypoint Bank, a
corporation organized and existing under the laws of the United States of America, and
it is registered to do business in Pennsylvania, with offices for the purpose of doing
business at Rt. 30 & 320, Aldwyn Center 2, Mail Stop # 20-536-ARO, Villanova, PA
19085.
2. The Defendant, David L. Ellis, an individual, whose principal address is
3350 North Third Street, Harrisburg, PA 17110-1407.
3. The Defendant, David L. Ellis Agency, Inc. a corporation, whose principal
address is 3552 Old Gettysburg Road, Camp Hill, PA 17011.
4. The Defendant, David Ellis & Co. of Pennsylvania, Inc., a corporation,
whose principal address is 3552 Old Gettysburg Road, Camp Hill, PA 17011.
5. That attached hereto and incorporated herein by reference thereto is a
copy of the Note dated May 15, 2003 and executed by David L. Ellis, David L. Ellis
Agency, Inc. and David Ellis & Co. of Pennsylvania, Inc., which authorizes confession of
judgment. A true and correct of copy of the Note is attached hereto, marked Exhibit "A"
and incorporated herein by reference.
6. The attached instrument has not been assigned.
7. That the judgment to be entered does not involve a loan defined as a
"consumer credit transaction" in accordance with Annex A. to Title 231, Chapter 2950,
Rule 2951(a)(2).
8. That judgment has not been entered on the attached instrument in any
jurisdiction.
9. The Note provides for confession of judgment against the Defendants,
after default under the Note. Plaintiff has exercised its right to confess judgment
pursuant to the terms of the instrument for an amount which Defendants may become
liable. Defendants are in default under the terms of the Note.
10. On or about April 11, 2005, Plaintiff sent written notice to the Defendants
via certified mail demanding that all outstanding past due amounts, plus accrued late
and legal fees due under the documents be paid in full and the Defendants failed to do
so. A true and correct copy of such written notice is attached hereto, marked Exhibit "B"
and incorporated herein by reference.
11. As a consequence of the Defendants' failure to cure this default, the
Defendants are liable to the Plaintiff for $25,387.83, as of April 5, 2005, itemized as
follows:
Principal Balance
Interest through 04/05/05
Late Charges
Reasonable Attorneys Fees (10%)
$21,850.02
$ 547.78
$ 805.02
$ 2,185.01
$25,387.83
Total
WHEREFORE, Plaintiff, Sovereign Bank, demands judgment against the
Defendants, David L. Ellis, David L. Ellis Agency, Inc., and David Ellis & Co. of
Pennsylvania, Inc., in the total sum of $25,387.83 as authorized by the Warrant
appearing in the Note, plus costs of suit.
DATED: if-11f -06-
By ~~M
Benjamin Figgs, _
Attorney for Plaintiff
PA1-YGS-01-01
101 South George Street
York, PA 17401
Phone: (717) 771-9456
1.0. No. 72030
VERIFICATION
I verify that the statements made in the foregoing Complaint are true and correct
to the best of my knowledge, information, and belief. I further verify that I am a Vice
President of SOVEREIGN BANK, and that as such, I am authorized to make this
Verification on its behalf. I understand that false statements herein are made subject to
the penalties of 18 Pa.C.S. 94904 relating to unsworn falSifi~ authorities.
SOV REI~~~K )
DATED:~.
By:
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Vice President
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TERM NOTE
$75,000
May 15, 2003
FOR VA r .UE RECEIVED, DA VTD L. ELLIS AGENCY, INC., a Pennsylvania cOllloration,
DA vm ELUS & CO. OF P-"~NNSYL V ANJA, INC., a PClUlsylvania corporation and DAVID
L. ELLIS, an adult individual (collectively, the "Borrowers" and each individually, a
""Horrower"), jointly and severally promise to pay to the order of W ^ YPOINT BANK (the
":Bank"), in lawful money of the United StaltlS of America in immediately available funds at its
oflices located at 235 North Second Street, Harrisburg, l' A 17105, or at such other location as
the Bank may designate from time to time, the principal sum of Seventy-Five Thousand Dollars
($75,000) (tilC "I.oan"), togcther with interest accming on thc outstanding principal balance
from the datc hereof, as providcd below:
1. Rates pf Interest. The outstanding principal balance of the Loan evidenced hereby
slloll at all times bear intercst at a fiuctualing per annum rate, based on a 360-day year and the
actual number of days elapsed, equal to the Bank's Prime Rate. As uscd herein, "Prime Rate"
shall mean the rate publicly announccd by the Bank from time to time as its prime rate. Thc
Primc Rate is 1I0t tieu to any external rate or index and does not necessarily reflect 1he lowcst rate
of interest actually charged by the Bank to any particular class or category of customers. If and
when the Prime Rate changes, the interest rate payable hereunder will change automatically
without notice to the Borrowers, effcctive on tlle date of any such change. In no event will the
rate ofinterest hereunder exceed the maximum rate allowed by law.
2. Payment Terms. The Loan shall be payable in twenty-four (24) consecutive equal
monthly installmcnts of principal in thc amount of Three Thousand One Hundred Twcnty-
I''ivc IInd 00/100 Dollars (53,125.00), Illi12 accrued interest thercon at the rate or rates in elTect
from time to time hereunder, commencIng June 15,2003 and continuing on thc 15th day of each
sllccessivc calendar monlh thereafter through and including May 15, 2005 (the "Maturity Date").
On the Maturity Date, the cntire outstanding principal balance hereof, together with unpaid
accmcd inlerest thereon and all other costs, charges and expenses payable hereunder or undcr any
oflhe other Loan Documents (defined below) shall be paid in full.
If any payment under this Note shall become due on a Saturday, Sunday or public holiday
under the laws oftbe Stale where the Bank's office indicatcd abovc is located, such payment
shall be maue on the next succeeding business day and such extension oftime shall be includcd
in compuling interest in connection with sllch payment. The Borrowers hercby authorize the
DMk to charge any of the Borrowers' dcposit account at thc Bank for any payment when due
hcrcundcr. Payments received will be applied to charges, fees and expenses (including attorneys'
fccs), accrlled inteTl)st and principal in any order the Bank may choose, in its sole discretion.
3. Lllle Payments: Default Rate, If the Borrowers fail to make any payment of
)>Iincipal, inlon,st or other nmount coming due pursuant to the provisions of this Note within .
#26894) v) - 1,1/;, . Te"n No"'. 03270)
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fifteen (15) calendar days of the date due and payable, the Dorrowers also shall pay to the Dank a
late charge equal to five percent (5%) of the amount of such payment. Such fifteen clay period
shall not be construed in any way to extend the due date of any such payment. The late charge is
imposed for tho purpose of defraying the Bank's expenses incident to the handling of delinqucnt
payments and is in addition to, and not in lieu of, the exercise by the Bank of any rights and
rcmedics hereunder, under the other Loan Documents or undor applicablc laws, and any fees and
expenses oC any agents or attorneys which the Bank may employ. Upon maturity, whethcr by
acceleration, (kmand or othelWise, and at the option of the Bank upon the occurrence of any
Evcnt of Default (as hereinaftcr defined) and during the continuance thereof, this Note shall bear
intercst at a ratc per annum (based on a year of 360 days and actual days elapsed) which shall be
two perccntage points (2%) in excess of the interest rate ill effect from time to time lmder this
Note but not morc than the maximum rate allowed by law (the "Default Rate"). The Default
Ralc shall continue to apply whether or not judgment shall be entered on this Note.
4. Pr~payment. The outstanding principal balance of this Note may be prepaid in
whole or in pllrl, without premium or penalty, so long as this Note bears interest based on the
Plime Rate. A prepayment fee will be charged iflhc Loan is prepaid, in whole or in part, during a
any period in which a fIXed rate of interest is in effect. The fee will be based on the following
factors: (a) the amount of principal that is bcing prepaid before the expiration date of the fixed
rate period ("Hxed Rate Expiration"); (b) the change in interest rates since the Joan was made -
Le. the differencc in the cost of funds yield between the date the loan was made (using original
cost of funds yield based on original fixed rate teml) ami the date of prepaymenl (using current
cost of funds yield based on the remaining fixed rate tenn at the time ofprepaymcnt); and (c) the
lime, in years ami montllS, remaining between the date of the prepayment and Ihe date of the
Fixed Rate Expiration. If thc calculation of the prepayment penally results in a negative amount,
then no prepayment fee will be assessed. The Bank's detennination of the amount of any
prepayment fee will be conclusive and binding absent manifest error.
5. Other 1,0311 Documents. This Note is issued in eonneetion with that Credit
Agreemont dated as of May 15, 2003 among the Bon-owers, the Bank and D.L.E. Real Estate
Company, the terms of which are incorporated herein by reference (as the same may be amended,
restated, substituted or modified from time to time, the "Credit A~reement"), and each of the
other documents referenced therein or executed or delivered in connection therewith
(collcctively, the "I.oan Documents"), and is secured by the propelty described in the Loan
Documents and by such other collateral a~ previously may have boen or may in the future be
granted to the Bank to secure this Note.
6, }';vcnts of Default. The occurrence of any of Event of Default under Section 9.1 of
the Credit ^grcemcnt shall constitute an "Ev~nt of Default" under this Note. Upon the
oceurrencc of /In Event of DefauH: (a) the Bank shall be under no further obligation to makc any
furlher advances hereunder or undcr the Credit Agreement; (b) the outstanding principal halanee
and accrued interest hereunder together with any additional amOtUlts payable hereunder shall bc
immediately due and payable without demand or notice of allY kind, 01' the outstanding principal
b:llanoe and accrued interestllerelmder together with any additional amounts payable hereunder,
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#26894'> vJ - Blli!! ~ Term N(ll~. 032103
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at the option of the Bank and wilhout demand or nolice of any kind, may be aceolerated and
become immediately due and payable, all in accordance with the terms of the Credit Agreement;
(c) at the option of the Bank, this Note will bear interest at the Default Rate from the date ofthc
oectllTonce of the Evenl of Default; lUld (0) the Bank may exercise from time to time any of tl1e
rights and remedies available to the Bank under the Loan Documents or under applicablc law,
7. Power to Confess Jndl!ment. Each ot the Borrowers hereby empowers any
attorney of any court of I'ecord, after the occnrrllnce of any Event of Default hereunder, to
Ilppear for such Borrower and, with or witbout complaint filed, confess judgment, or a
~eries of joint and several judgments, against such Borrower in favor of the Bank or any
bolder hereof for tbc entire principal balance of this Note, all accrued interest and all otber
amounts due hereunder, together with costs of suit and 10% of tbe principal balance hereof
added as reasonable attorney's fees, and for doing so, this Note or a copy verified by
llf/idavit shall be a sufficient warrant. Each of the Borrowers herehy forever waives and
relcases all errors in said proceedings and all rights of appeal and all relief from any aud
all appraisement, slay or exemption laws of any state now in force or hereafter enacted.
Interest on any such judgment shall accrue at the Default Rate.
No single exercise of the foregoing power to conft'ss judgment, or a series of
judgments, shall be deemed to exhaust the power, whether or DOt any such exercise shall be
held by any COllrt to he invalid, voidable, or void, but the power shall continue
undiminished and it may be exercised from time to time as often as the llank shall elect
until such time as tile Bank shalllIavc received payment in {IIII of the debt, interest and
cos ts.
8. Ri21Jt of Setoff. In addition to all liens upon and rights of setoff against the money,
securities or other propel1y of the BOIl'owers given to the Bank by law, the BlUlk shall havc, witll
respect to the Borrowers' obligations to the Dank under this Note and to the extent penllilled by
law, a contractual posscssOlY security interest ill and a right of setoff against, and each of the
Borrowers hereby assigns, conveys, delivers, pledges amI transfers to the Dank all of the such
Don-ower's right, title and interest ill and to, all deposits, moneys, securities and other property of
such Borrowers now or hereafter in the possessioll of or on deposit with the Bank whether hcld in
a general or special account or deposit, whether held jointly with someone else, or whether held
for safckeeping or otllelWise, excluding, however, alllRA, Keogh, aml trust accounts. EveI)'
such security interest and right of setoff may be exercised witl\out demand upon or notice 10 the
Don-owers. Every such right of setoff shall be deemed to have been exercised immediately upon
the occurrence of an Evcnt of Default hereunder withollt any action of the Bank, although the
Dank may enter such setoff on its books and records at a laler time.
9. Miscellaneolls. No delay or omission of \he Bank to exercise any right or power
arising 11ereundcr shall impair any stich right or power or bc considered to be a waiver of any
sueh right or power or any acquiescence therein nor shall the action or inaction of the Bank
impair any right or power hcreunder. The Borrowers agree to pay on demand, 10 the extent
penniUcd by Jaw, all costs and cxpeDses ineull'ed by thc Bank in thc enforcement of its rights in
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#26~c)43 ...J ~ Ellis ~ Term NUlt. 0.12703
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tllls Nole and in any security thercfor, including without limitation reasonable fees and expenses
oCthe Bank's counsel. If any provision ofLhis Note is found to be i1walid by a court, all the other
provj~ions of this Notc will remain in full force and effect. The Borrowers and all other makers
and illdorscrs of this Note hereby forcver waive presentment, protest, notice of dishonor and
notice of non-payment. The Borrowers also waive all defenses based on suretyship or
impairment of collateral. If this Note is executed by more than one Borrower, the obligations of
such persons or entities hereunder will be joint and sevcral. This Note shall bind the BOTTowers
an(1 the respoctive heirs, executors, administrators, successors and assigns of the Bon-owers, and
the benefits hereof shall inure to the benefit of Bank and its successors and assigns.
10. Applicable Law; Consent to Jurisdietion. This Note has been delivered to and
accepted by the Bank in the Commonwealth of Pennsylvania will be deemed to be made in such
Commonwealth. THIS NOTE Wlt.I. BE JNn:RPRETEP AND TilE RlGHTS AND L1ABIUTlES O~' TilE
l'AII'fIES m:RETO I>ETERMI\'lED IN ACCORI>ANCE WITH HIE LAWS OF THE
COMMONWEALTH OF PENNSYLVANIA, EXCt.VDlNG ITS CONFI.lCT OF I,AWS RULES.
Each of thc BOITOWcrS hereby irrevocably consents to the exclusive jurisdiction of the Courts of
Common Plens for Dauphin County or Cumberland County, Pennsylvania, and the United States
District Court for the Milldlc District of Pennsylvania, and consents that all service of process be
sent by natiOllally recognized owrnight courier sel'Vice directed to such Borrower at the
Borrowers' nddrcss sot forth in Section 10.5 ofthe Credit Agreement and service so made wil! be
dellmod to be completed on the business day after deposit with such courier; provided that
110tbing contained in this Note will prevent the Bank from bringing any action, enforcing any
award or judgment or exercising any rights against any of thc Borrowers individually, against any
security or agahlSt any property of any of the Borrowers within any other county, state or other
foreign or domestic jutisdiction. Each of the Borrowers acknowledges and agTCcs that the venue
provided abovc is the most convenient forom for both the Bank and the BOTTowers. Each of the
Borrowcrs waives any objection to vcnue and any objeclion based on a more convenient forom in
any llCtion institulcd under Ihis Note.
II. WMVER OJ<' JURY TRIAL. EACH OF THE BORROWERS IRREVOCABLV
WAIVES ANY AND AI.L RIGlIl'S THE BORROWERS MAV HAVK TO A TIUAL BY JURY IN ANY
ACTION, PRon:t~DING OR CLAIM Of ANV NATURE RELATING TO THIS NOTK, ANY DOCUMENTS
Jr.XECU1'I(I) IN CONN.:C.'TION wrnt THIS NOTE OR ANV TRANSACTION CONTEMPLATED IN ANY 01'
StiCH DOCUMIO:NTS. EACH Of THE BORROWERS ACKNOWI,F.DGES "IIAT TH" FOREGOING
WAIV.:Il.IS KNOWING ANP VOLUNTARY.
}t:aeh oC the Borrowers acknowledges that he/it has read and understood all the provisions
of lhis Note, including the confession oC judgment and waiver of jury trial, and has been
advised by counsel as necessary or appropriate.
(SIGNATURE PAGE FOLl.OWS IMMEDrATELYI
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WITNESS the due exccution hereof as a document under seal, as of tho date first written
above, with the intenllo be legally bound hereby.
US AGENCY, INC.
ATTRST:
DAVID ELLIS & CO. OF
"l<NS~'INC.
By:
Name: ~"-e-:'"
Title: bnAYf
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DAVID
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ft20&9-4) v3 - ".llis - Term Note, 0.32103
'.Sovereign Bank
April II, 2005
Via Certified Mail
Return Receipt Requested
David L. Ellis Agency, Inc.
Attn: David L. Ellis, President
3552 Old Gettysburg Road, Suite 503
Camp Hill, PA 17011
David Ellis & Co. of Pennsylvania, Inc.
Attn: David L. Ellis, President
3552 Old Gettysburg Road, Suite 503
Camp Hill, PA I70Il
David L. Ellis, Individual
3552 Old Gettysburg Road, Suite 503
Camp Hill, P A 170 II
David L. Ellis, Individual
3350 North Third Street
Harrisburg, P A 17110-1407
Re: Loan No. 51677974-18/ $525,000.00 term loan
Loan No. 51653504-18/ $75,000.00 term loan.
Dear Mr. Ellis:
With respect to the above referenced loans (the "Loans") from Sovereign Bank,
successor-in-interest to Waypoint Bank (the "Lender") to David L. Ellis, David L. Ellis
Agency, Inc., and David Ellis & Company of Pennsylvania, Inc. (the "Borrowers"), this
letter shall serve as notice that the Borrowers failed to abide by the terms of the Loans,
specifically those provisions outlined below:
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I) The Events of The Default ofthe Notes, dated May 15, 2003, state that the
Borrowers' failure to make any payment when due on the Loans, shall
constitute an Event of Default under the Notes.
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'.Sovereign Bank
David L. Ellis et al
April II, 2005 - Page 2
By reason of such default, the balance on the Loans shall be accelerated and the
entire outstanding principal balance of the Loans plus any and all other sums which are
due and payable pursuant to the Loan Documents and the other documents, will become
immediately due and payable as follows:
Total Outstanding as to Loan #51677974-18, as of 04/05/05: $497,686.77
Total Outstanding as to Loan #51653504-18, as of 04/05/05: $23,202.82
In addition to the above, Sovereign may, at its option and in its sole discretion,
pursue all available remedies pursuant to the Loan Documents and the other documents.
Further, the Borrowers have become and will become further indebted to Sovereign for
all costs and expenses, which Sovereign incurs in exercising its rights and remedies.
This notice is not intended to be all inclusive. The Borrowers may be otherwise
in default under the Loan Documents and other documents and accordingly, Sovereign
hereby reserves all of its rights under the documents and at law.
If you have any questions regarding the matters as set forth in this letter, please
contact the undersigned immediately at (717) 771-9456.
S;"o=ly, ~
Bhi,k
Senior Counsel
CC: Thomas Young, Vice President
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION
SOVEREIGN BANK
Plaintiff
vs.
No.
os-- ;<.0 7'-/ ~ ~
DAVID L. ELLIS
DAVID L. ELLIS AGENCY, INC.
DAVID ELLIS & CO. OF
PENNSYLVANIA. INC.
Defendants
Confession of Judgment
NOTICE OF FILING JUDGMENT
() Notice is hereby given that a judgment in the above-captioned matter
has been entered against you in the amount of $25,387.83 on the
J I day of /J~ ,2005, in the above captioned case.
() A copy of all documents filed with the Prothonotary in support of the
within judgment is/are enclosed.
DATE: 7'~/I".j/
I
'~4 1, ~~/
Prot onotary CIvil Dlv.
By:
If you have any questions concerning the abov case, please contact the following
party:
Benjamin F. Riggs, Jr. ('-D. No. 72030)
Attorney for the Plaintiff
PA1-YGS-01-01
101 South George Street
York, Pennsylvania 17401
Telephone: (717) 771-9456
(This Notice is given in accordance with Pa.R.C.P. 236.)
Notice sent to:
David L. Ellis
3350 North Third Street
Harrisburg, PA 17110-1407
David L. Ellis Agency, Inc. and David Ellis & Co. Of Pennsylvania, Inc.
3552 Old Gettysburg Road
Camp Hill, PA 17011
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION
SOVEREIGN BANK
Plaintiff
vs.
No. 06~ .-;zo7-1 ~ ~
DAVID L. ELLIS
DAVID L. ELLIS AGENCY, INC.
DAVID ELLIS & CO. OF
PENNSYLVANIA, INC.
Defendants
Confession of Judgment
OFFICE OF THE PROTHONOTARY
OF CUMBERLAND COUNTY
CERTIFICATE OF RESIDENCE
PA. R.C.P. 236
I hereby certify that the precise mailing address of the Plaintiff is:
Rt. 30 & 320, Aldwyn Center 2
Mail Stop # 20-536-ARO
Villanova, PA 19085
I hereby certify that the precise mailing address of the Defendant, David L. Ellis, is:
3350 North Third Street
Harrisburg, PA 17110-1407
I hereby certify that the precise mailing address of the Defendants, David L. Ellis
Agency, Inc., David Ellis & Co. of Pennsylvania, Inc., is:
3552 Old Gettysburg Road
Camp Hill, PA 17011
,/
DATED: '-1- (1) -{)')
By:
Benjamin . Rigg , r.
Attorney for Plaintiff
PA1-YGS-01-01
101 South George Street
York, PA 17401
Phone: (717) 771-9456
1.0. No. 72030
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION
SOVEREIGN BANK
Plaintiff
vs.
No. O~-r- d-..O 7'-1
,~~
DAVID L. ELLIS
DAVID L. ELLIS AGENCY, INC.
DAVID ELLIS & CO. OF
PENNSYLVANIA, INC.
Defendants
Confession of Judgment
Commonwealth of Pennsylvania
County of York
AFFIDAVIT OF NON-MILITARY SERVICE
Before me, a Notary Public for York County, Pennsylvania, personally appeared
Benjamin F. Riggs, Jr., Attorney for the Plaintiff in the above entitled case, who being
duly sworn or affirmed according to law deposes and says, that the Defendants above
named are not in the military service of the United States of America, that he has
personal knowledge that the said Defendants', last-known address is 3552 Old
Gettysburg Road, Camp Hill, PA 17011 and 3350 North Third Street, Harrisburg, PA
17110-1407.
Sworn and subscribed bef9re }
me this .i!!Jl day of fflOH h.. tip",
~
Notary pu~
My Commission expires: if -/ S -0 iD
SOVER
Benjamin F. Riggs, .,
As Attorney for Plaintiff
PA1-YGS-01-01
101 South George Street
York, Pennsylvania 17401
I.D. No. 72030
Notarial Seal
Dawn, M. Gutierrez, Notary Public
City of York, York County
My Commission Expires Apr. 15, 2006
Member, PennsylvamaAssoClatloo of Notanes
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION
SOVEREIGN BANK
Plaintiff
vs.
No. 05'- oZo 70.1
~~
DAVID L. ELLIS
DAVID L. ELLIS AGENCY, INC.
DAVID ELLIS & CO. OF
PENNSYLVANIA,INC.
Defendants
Confession of Judgment
Commonwealth of Pennsylvania
County of Delaware
AFFIDAVIT OF DEFAULT AND BUSINESS TRANSACTION
Thomas Young, being duly swom according to law, deposes says he is Vice
President for Sovereign Bank, Plaintiff, herein; that he is authorized to make this
affidavit on plaintiffs behalf, that a true and correct copy of the Note containing the
warrant of attorney upon which judgment is confessed is attached to the Complaint filed
in this action as Exhibit "A"; that the Note constitutes a business transaction between
plaintiff and Defendants; that judgment is not being confessed against individual
persons in connection with a consumer credit transaction; and that Defendants are in
default under the Note for the reasons set forth in 0 lai
Sworn ~~UbSC~d before
me this/dL uay of /I I ,
2005
dtdkn?Y;,~
Notary Public
My Commission Expires
By:
Thomas Youn
Vice President
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COMMONWEALTH OF PENNSYLVANIA
Notarial Seal
Helen M. Malloy. Notary Public
Marcus Hook Bora, Delawalll County
My Commission ExpjIllS Apr. 22, 200B
Memb8r, PennsYlvania Association Of Notaries
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION
SOVEREIGN BANK
Plaintiff
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No. OS~ ;;Zo 7-1 ~ ~
vs.
DAVID L. ELLIS
DAVID L. ELLIS AGENCY, INC.
DAVID ELLIS & CO. OF
PENNSYLVANIA, INC.
Defendants
Confession of Judgment
NOTICE UNDER RULE 2958.1 OF
JUDGMENT AND EXECUTION THEREON
NOTICE OF DEFENDANTS'S RIGHTS
TO: David L. Ellis
3350 North Third Street
Harrisburg, PA 17110-1407
A judgment in the amount of $25,387.83 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 TO STRIKE OR OPEN JUDGMENT
THEREBY SEEKING RELIEF FROM THE JUDGMENT STATING ALL GROUNDS FOR
RELIEF IN A SINGLE PETITION AND PRESENT IT T 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 AND CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET
FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
CUMBERLAND COUNTY LAWYER REFERRAL SERVICE
41h Floor, Cumberland County Courthouse
Carlisle, PA: 17013
Telephone: (717) 240-6200
DATED: ~ -I 'f5 .0.5
By:
Benjamin . Rigg
Attorney for Plaintiff
PA1-YGS-01-01
101 South George Street
York, PA 17401
Phone: (717) 771-9456
I.D. No. 72030
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION
SOVEREIGN BANK
Plaintiff
vs.
No.
,- .. - J ..:k.-vt---
DS - ;:<:0 7'1 ~
DAVID L. ELLIS
DAVID L. ELLIS AGENCY, INC.
DAVID ELLIS & CO. OF
PENNSYLVANIA, INC.
Defendants
Confession of Judgment
NOTICE UNDER RULE 2958.1 OF
JUDGMENT AND EXECUTION THEREON
NOTICE OF DEFENDANTS'S RIGHTS
TO: David L. Ellis Agency, Inc.
Attn: David L. Ellis, President
3552 Old Gettysburg Road
Camp Hill, PA 17011
A judgment in the amount of $25,387.83 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 a9reement 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 TO STRIKE OR OPEN JUDGMENT
THEREBY SEEKING RELIEF FROM THE JUDGMENT STATING ALL GROUNDS FOR
RELIEF IN A SINGLE PETITION AND PRESENT IT T 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 AND CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET
FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
CUMBERLAND COUNTY LAWYER REFERRAL SERVICE
41h Floor, Cumberland County Courthouse
Carlisle, PA: 17013
Telephone: (717) 240-6200
.-
DATED: {-I-llS -O'::J
By:
Benjamin . Rig s, Jr.
Attorney for Plaintiff
PA1-YGS-01-01
101 South George Street
York, PA 17401
Phone: (717) 771-9456
J.D. No. 72030
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION
SOVEREIGN BANK
Plaintiff
vs.
No.
OJ ~ ;2.0 7';-
~~
DAVID L. ELLIS
DAVID L. ELLIS AGENCY, INC.
DAVID ELLIS & CO. OF
PENNSYLVANIA, INC.
Defendants
Confession of Judgment
NOTICE UNDER RULE 2958.1 OF
JUDGMENT AND EXECUTION THEREON
NOTICE OF DEFENDANTS'S RIGHTS
TO: David Ellis & Co. of Pennsylvania, Inc.
Attn: David L. Ellis, President
3552 Old Gettysburg Road
Camp Hill, PA 17011
A judgment in the amount of $25,387.83 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 TO STRIKE OR OPEN JUDGMENT
THEREBY SEEKING RELIEF FROM THE JUDGMENT STATING ALL GROUNDS FOR
RELIEF IN A SINGLE PETITION AND PRESENT IT T 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 AND CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET
FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
CUMBERLAND COUNTY LAWYER REFERRAL SERVICE
41h Floor, Cumberland County Courthouse
Carlisle, PA: 17013
Telephone: (717) 240-6200
DATED: 4 -1'6-0;;
By: '
Benja in . Rig s, Jr.
Attorney for Plaintiff
PA1-YGS-01-01
101 South George Street
York, PA 17401
Phone: (717) 771-9456
I.D. No. 72030
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION
ISOVEREIGN BANK
Plaintiff
~~
vs.
No. {/5- - d.O 7<1
DAVID L. ELLIS
DAVID L. ELLIS AGENCY, INC.
DAVID ELLIS & CO. OF
PENNSYLVANIA, INC.
Defendants
Confession of Judgment
SECTION 2737.1 NOTICE
Pursuant to 42 Pa. C.S. 9 2737.1, attached hereto are written instructions
regarding the procedure to follow to strike the confessed judgment entered against you.
Please be further advised that if you have been incorrectly identified and had a
confession of judgment entered against you, under 42 Pa. C.S. S 2737.1 you are
entitled to costs and reasonable attorney's fees as determined by the Court.
DATED: l/ - (If - 0::;-
1
By: /
Benjami F. Ri
Attorney for Plainli
PA1-YGS-01-01
101 South George Street
York, PA 17401
Phone: (717) 771-9456
/.D. No. 72030
Pa. R.C.P No. 2959
PURDON'S PENNSYLVANIA STATUTES AND CONSOLIDATED STATUTES
ANNOTATED PURDON'S PENNSYLVANIA CONSOLIDATED STATUTES
ANNOTATED PENNSYLVANIA RULES OF CIVIL PROCEDURE CONFESSION OF
JUDGMENT FOR MONEY.
Current with amendments received through December 1, 2003.
Rule 2959. Striking Off or Opening Judgment; Pleadings; Procedure
(a) (1)
Relief from a judgment by confession shall be sought by petition.
Except as provided by subparagraph (2), all grounds for relief whether to strike off the
judgment or to open it must be asserted in a single petition. The petition may be filed in
the county in which the judgment was originally entered, in any county to which the
judgment has been transferred or in any other county in which the sheriff has received a
writ of execution directed to the sheriff to enforce the judgment.
(2) The ground that the waiver of the due process rights of notice and
hearing was not voluntary, intelligent and knowing shall be raised only
(i) in support of a further request for a stay of execution where the
court has not stayed execution despite the timely filing of a petition
for relief from the judgment and the presentation of prima facie
evidence of a defense; and
(ii) as provided by Rule 2958.3 or Rule 2973.3.
(3) If written notice is served upon the petitioner pursuant to Rule 2956. 1 (c)(2)
or Rule 2973.1 (c), the petition shall be filed within thirty days after such service. Unless
the Defendants can demonstrate that there were compelling reasons for the delay, a
petition not timely filed shall be denied.
./
(b) If the petition states prima facie grounds for relief the court shall
issue a rule to show cause and may grant a stay of proceedings. After being served
with a copy of the petition the plaintiff shall file an answer on or before the return day of
the rule. The return day of the rule shall be fixed by the court by local rule or special
order.
(c) A party waives all defenses and objections which are not included
in the petition or answer.
(d) The petition and the rule to show cause and the answer shall be
served as provided in Rule 440.
(e) The court shall dispose of the rule on petition and answer, and on
any testimony, depositions, admissions and all other evidence. The court for cause
shown may stay proceedings on the petition insofar as it seeks to open the judgment
pending disposition of the application to strike off the judgment. If evidence is produced
which in a jury trial would require the issues to be submitted to the jury the court shall
open the judgment.
(f) The lien of the judgment or of any levy or attachment shall be
preserved while the proceedings to strike off or open the judgment are pending.
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SOVEREIGN BANK,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
vs.
: No. 2005-02074
DAVID L. ELLIS,
DAVID L. ELLIS AGENCY, INC., and
DAVID ELLIS & COMPANY OF
PENNSYLVANIA, INC.,
Defendants
PRAECIPE TO RELEASE PROPERTY FROM LIEN OF JUDGMENT
TO THE PROTHONOTARY:
Kindly release from the lien of the above entitled judgment, the following described
property, to wit:
ALL THAT CERTAIN lot or piece of land with improvements situate in Cumberland
County, Pennsylvania, being more fully described in Exhibit "A" attached hereto and made a
part hereof.
Plaintiff above named will not look to the said above mentioned and described premises
or any part thereof, for payment of any part of the principal and interest of said above entitled
judgment, now or hereafter to become due, or in any way disturb, molest, put to charge or
damage, the present or any further owner or owners, occupier or occupiers of the said above
mentioned and described premises, or any part or portion thereof, for or by reason of the said
judgment, or any matter, cause or thing thence accruing or to arise: Provided, that nothing herein
contained shall affect the said judgment or its legal validity, so far as respects to other lands and
tenements of the said Defendant and/or the proceeds of the Premises situate in the County
aforesaid, which are not herein expressly exonerated therefrom.
By:
eorge J. Shoop, Esquire
Attorney for Sovereign Bank, Plaintiff
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ALL THAT CERTAIN piece or parcel of land situate in Lower Allen Township,
Cumberland County, Pennsylvania, more particularly bounded and described as
follows:
BEGINNING at a point on the northern right-of-way line of Old Gettysburg Road
(L.R. 21009), said point being referenced north fifty-one (51) degrees twenty-seven (27)
minutes forty-seven (47) seconds east a distance of one hundred ninety-four (194.0)
feet from the intersection of the northern right-of-way line of said Old Gettysburg Road
with the eastern right-of-way line of Zimmerman Drive; thence north thirty-eight (38)
degrees thirty-two (32) minutes thirteen (13) seconds west a distance of two hundred
sixty-eight and forty-nine one hundredths (268.49) feet to a point; thence north fifty-one
(51) degrees twenty-seven (27) minutes forty-seven (47) seconds east a distance of
one hundred thirtyOseven and ninety one-hundredths (137.90) feet to a point; thence
south thirty-eight (38) degrees thirty-two (32) minutes thirteen (13) seconds east a
distance of two hundred sixty-eight and forty-nine one-hundredths (268.49) feet to a
point along the northern right-of-way line of said Old Gettysburg Road; thence along
same south fifty-one (51) degrees twenty-seven (27) minutes forty-seven (47) seconds
west a distance of one hundred thirty-seven and ninety one-hundredths (137.90) feet to
a point, the place of BEGINNING.
CONTAINING 37,025 square feet and being Lot No. 2A of the Subdivision Plan
of Lot NO.2 dated February 20, 1976 prepared by Edward F. Sanders, Registered
Surveyor, which Subdivision Plan is recorded in the Office of the Recorder of Deeds of
Cumberland County in Plan Book 27, Page 122.
BEING PARCEL NO. 13-23-0553-069.
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