HomeMy WebLinkAbout03-3869IN THE COURT OF COMMON PLEAS Of CUMBERLAND COUNTY, PENNSYLVANIA
PNC BANK, NATIONAL ASSOCIATION,
Plaintiff,
CIVIL DIVISION
NO. 03 -- ,~/07
ROBERT S. REED d/b/a
CREDIT RANCH AUTO SALES,
COMPLAINT IN CONFESSION OF
JUDGMENT
Defendant.
Code:
Counsel of Record for This Party:
Donna M. Donaher, Esquire
Pa. I.D. #53165
TUCKER ARENSBERG, P.C.
Firm #287
1500 One PPG Place
Pittsburgh, PA 15222
(412) 566-1212
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
PNC BANK, NATIONAL ASSOCIATION,
Plaintiff,
No.
VS.
ROBERT S. REED d/b/a
CREDIT RANCH AUTO SALES,
Defendant.
COMPLAINT IN CONFESSION OF JUDGMENT
AND NOW, comes the Plaintiff, PNC BANK, NATIONAL ASSOCIATION, formerly
Pittsburgh National Bank, by and through its counsel, Tucker Arensberg, P.C., and files this
Complaint confessing judgment in its favor, stating as follows:
1. Plaintiff, PNC BANK, NATIONAL ASSOCIATION ("PNCB"), is a national banking
association organized under the laws of the United States and a citizen of Pennsylvania, with its
main office located at Fifth Avenue and Wood Street, Pittsburgh, Pennsylvania.
2. Defendant is Robert S. Reed d/b/a Credit Ranch Auto Sales, whose last known
address is 685 State Street, Lemoyne, PA 17043.
3. Defendant, on April 5, 2002, executed a Promissory Note ("Note") and thereby
promised prompt and punctual payment of the indebtedness due under the Note. A true and
correct copy of said Note is attached hereto, incorporated herein and labeled Exhibit "A".
4. By the Note, Defendant promised to pay Plaintiff the principal sum of $24,878.61
together with interest thereon in the manner provided by the Note.
6.
Defendant.
There has been no assignment of the Note.
Judgment has not been entered on the Note in any jurisdiction against the
7. The judgment by confession sought by PNCB in this Complaint is not being
entered against a natural person in connection with a consumer credit transaction.
8. By Warrant of Attorney contained in the Note, Defendant authorized entry of
judgment by confession.
9. Pursuant to the Warrant of Attorney executed by Defendant, Defendant waived the
benefit of all laws exempting real or personal property from execution.
10. Pursuant to the Warrant of Attorney contained in the Note, judgment may now be
entered against Defendant as payment was not made when due creating an event of default
under the Note and, accelerating all amounts due. The Warrant of Attorney also allows judgment
to be entered as of any term.
11. Under the Note, the following amounts are now due by Defendant to PNCB:
Principal Debt
Interest through 7/29/03
Late Charges
Attorney's Commission
Total
12. Under the terms of the Note,
commission of ten (10%) pement for collection.
$23,134.80
$ 905.28
$ 264.24
$ 2,432.43
$26,756.75
Defendant is liable to
PNCB for attorney's
WHEREFORE, Plaintiff, PNCB, demands that a judgment be entered against Defendant
as authorized in the Warrant of Attorney contained in the Note, in the sum of $26,756.75 together
with interest and costs of suit.
Donna M. Donaher, Esquire
1500 One PPG Place
Pittsburgh, PA 15222
(412) 566-1212
Attorneys for Plaintiff
-2-
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
PNC BANK, NATIONAL ASSOCIATION,
Plaintiff,
VS.
ROBERT S. REED d/b/a
CREDIT RANCH AUTO SALES,
Defendant.
No. 03
CERTIFICATE OF RESIDENCE
I hereby certify that the precise address of Plaintiff is:
Fifth Avenue and Wood Street
Pittsburgh, Pennsylvania 15265
and that the last known address of Defendant is:
685 State Street
Lemoyne, PA 17043
Attorney for PNC Bank
National Association
_]-
IN THE COURT Of COMMON PLEAS Of CUMBERLAND COUNTY, PENNSYLVANIA
PNC BANK, NATIONAL ASSOCIATION,
Plaintiff,
vs.
ROBERT S. REED d/b/a
CREDIT RANCH AUTO SALES,
Defendant.
CONFESSION OF JUDGMENT
Pursuant to the authority granted in the Warrant of Attorney contained in the Note, a copy
of which is attached as Exhibit "A" to the Complaint filed in this action, the undersigned attorney
hereby appears for Defendant and confesses judgment in favor of Plaintiff, PNC BANK,
NATIONAL ASSOCIATION, and against Defendant as follows:
Principal Debt $23,134.80
Interest through 7/29/03 $ 905.28
Late Charges $ 284.24
Attorney's Commission $ 2,432.43
Total
Donna M. Donaher, Esquire
Attorney for PNC Bank, National Association
-2-
The Undersigned hereby certifies that
the Underlying transaction referred to in the attached
Complaint for Judgment by Confession, filed PUrsuant to Pa. R.C.p. Nos. 2950-2956, is not a
consumer credit transact/on. To the contrary, the Underlying transaction is a commercial
transaction.
SWorn to and Subscribe
b.efore ~e this .~
--~, ~oo3.
BANK~FIN:203526.~ 012286-006670
Y r PNC Sank, National ASSociation
-4-
Borrower:
PROMISSORY NOTE
024,878.61 04-05-2002 104-20-20071 009273487 ?0; LTB I 06693
References in the shaded area ere for Lender's use only and do not limit the applicability of this document to any particular loan or item.
Any item above containing "**'" has been omit~ed due to text length limitations.
ROBERT S. REED (SSN: 208-38-7350) DBA: Lender: PNC Bank, National Association
-~nrB[~ RAN~41 AU?O OALE~, ¢~TL4.~¢"/~,~ <~..~ Business Banking
685 STATE STREET 4242 Cad(sic ;qke
LEMOYNE, PA 17043 Camp Hi(i, PA 17001
repossesslo~ or any other method, by any cra?(tar of B
This includes a garnishment of any of Borrower s accour
EXHIBIT
'OnC~f e~itPuPrleY ~°thc:re%i'~gaagn~ifd ~f:ritrh°~:rP~itveebsYLeBn°~relWwerrit~e~l~
, surety bond for the creditor or forfeiture proceeding, I~
reserve or bond for the dispute.
Princi[~a~ Amount: $24,878.61 Interest Rate: 8.750% Date of Note: April 5, 2002
PROMI~I~ TO PAY. ROBERT S. REED {'Borrower') promises to pay to PNC Bank. National Assoc~atio~ {"Lender"), or order, in lawful money of
the Unl~d States of America, Ute principal amount of Twenty Four Thousand Bght Hum:Ired Seventy ~gbt & 611100 Dollare {$24,E78.61),
tog~e~:w~ {nte~eat at the rate of 8.750% pe~ anm~m on the unpaid principal balence f~om April E, 2002, until paid in flaB.
PAYMF.~T. Borrower will pay this luan in 60 payments of $516.88 each payment. Borrower's first payn-mnt is due May 20, 2002, and ,,al
_suba4~u?, paymer~ts ere due o~ the same day of each month after that. Borrower's final payment will be due on Apflq 20, 2007, and will be
faf all i~cipal and idl accrued interest not yet paid. Payments include principal and interest. Unless otherwise agreed or required by applicable
law, payments will be al~ed first to accrued unpaid interest, then to principal, and any remaining mm3unt to any unpaid cogeat~on easts end
late charges. The annual interest rate for this Note is computed on a 365/360 basis; that ia, by applying the ratio of the annual interest rate
ove~ a yeer of 3180 days, multi;died by the outstanding principal balance, murdplied by the ac~al number of days the principci balance is
outstanding. The level payment amount is calculated on the assumption that each periodic payment will be made on the date when due, and if
there is any variation in the actual payment dates, there may be an additional amount due upon maturity of this Note. Any amortization
schedule provided to Borrower is only an estimate, and is superseded by the terms of this Note regarding the accrual and payment of interest.
Borrower will pay Lender at Lender's address shown above or at such other place as Lender may designate in writing.
pREPAYMENT PENALTY. Upon prepayment of ~is Note, Lender is enid)ed to the following prepayment penalty: if this Note bea~s interest at
the Floating Rate~ tim indebtedness may be prepaid in whole er in part at any time without per~. if this Note bears interest at a Rxed Rata,
~ anything cantoned h~cin to the contrary, upon any prepayment by m' on behalf of the Bo~ower (whether voluntary, on default
of btfaerwi~e), the Borrower sh~dt, upon demand by the Bank, pay the Bank as oompensa~o~ for the coot of being prepm~d to advance fixed rata
funds h~eund~ in ameunt equal to the Cost cf Prepayment. 'Coat of Prepayment' rnemt~ an amount ec~al to the present value, if pas(rive, of
the product of {al the ~ffetmtoe betwmm (il the yield, on the beginning date of the applicable Interm period, of a U.S. Treasury o~iga'don
a ~ ~ to the applicable interest period minus (i} the yield on the pre~aymmtt data, of · U.S. Trealuw obligation with · metu~
Ibtdllr to the retraining maturity of the app~ir,~bla interm period, and (b) the I~nCtpal amount to be prep~d, and (c) the number of yaa~s,
inelu~i~ ftactioflal years, ftorn the prepaymer~ date to the and of the ap~icable interact period. The yield on any U.S. Tre~uty obligatio~ shall
be datem~ned by reference to Federal Reserve Sta~aUcal Re{ease H.1B(E19) "Selected Interest Rata~'. Faf purposes of mofdng present value
calc~kms, ~ ~eid to matuift~ of a eirmqar maturity U.S. Trea~ory obligation on the prepayment date shall be deemed the discount rata. The
Cost of PrepaWne~t shall also apply to any payments made aft~ accelerstJo~ of the maturity of this Note whlle· Rxed Rate is in effect. Except
for the foregoing. Borrower may pay all or a pa~on of the amount owed earlier than it is due. Early payments will not, unless agreed to by
Lender in writing~ relieve Borrower of Borrower's obligation to continue to make payments under the payment schedule. Rather, early payments
will reduce the principal balance due end may result in Borrower's making fewer payments. Borrower agrees not to r~nd Lender payments
marked 'Daid in full', "without recourse', or similar language, if Borrower sends such a payment, Lender may accept it without losing any of
Lender's rights under this Note, and Borrower will remain obiigatad to pay any further amount owed to Lender. All w~itten communications
concerning disputed amounts, including any check or other payment instrument that indicates that the payment constitutes 'payment in full' of
the amount ownd or that is tendered with other conditions or limitations or as full satisfaction of a disputed amount must be mailed or delivered
to: PNC Bank, National Association, Attn: Doc Prep/Operations Department - BBCAC, 8800 Tin(cum Boulevard Sth Floor Philadelphia. PA
1B153.
LATE CHARGE. if a payment is 15 days or more late, Borrower will he charged 5.000% of the regularly schedulnd palmlent or $100.00,
whichever is
INTEREST AFTER DEFAULT. Upon default, including failure to pay upon final maturity, Lender, at its option, may, if permitted under applicable
law, increase the interest rate on this Note E.000 percentage points. The interest rate will not exceed the maximum rate permitted by
agplicable law. If judgment is entered in connection with this Note. interest will continua to accrue on this Note after judgment at the existing
interest rate provided for in this Note.
DEFAULT. Each of the following shall constitute an event of default {'Event of Default") under this Note:
Payment Default. Borrower fails to make any payment when due.
Oth~ Defaults. Borrower or Grantor fails to comply with or to perform any other term, obligation, covenant or condition contained in this
Note or in any of the related documents or to comply with or to perform any term, obligation, covenant or condition contained in any other
agreement between Lender and Borrower.
Default in Favor of Third Per,es. Borrower or any Grantor defaults under any loan, exteneion of credit, security agreement, purchase or
sales agreement, or any other agreement, in favor of any other creditor or person that may materially affect any of Borrower's property or
Borrower's ability to repay this Note or perform Borrower's obligations under this Note or any of the related documents.
False Statements. Any warranty, representation or statement made or furnished to Lender by Borrower or on Borrower's behalf under this
Note or the related documents is false or misleading in any material respect, either now or at the time made or furnished or becomes false
or misleading at any time thereafter.
Death or Insnivency. The death of Borrower or the dissolution or termination of Borrower's existence as a going business, the insolvency
of Borrower, the appointment of a receiver for any part of Borrower's property, any assignment for the benefit of creditors, any type of
creditor workout, or the commencement of any proceeding under any bankruptcy or insolvency laws by or against Borrower.
Cred;tor or Forfeiture Proceedings. Commencement of foreclosure or forfeiture or~ceedings, whether by judicial proceeding, self-help,
~tat agency against any collateral securing the loan.
, with Le~der. However, this Event of Default cheil
ss of the claim which is the baeie of b~m creditor or
1cure proceeding and deposits wfth Lender monies or
.ender, in its sole discretiOn, as being an edertuate
PROMISSORY NOTE
'Lo'a~ N~)7009273487 (Continued) Page 2
Ever~ AffeclJng Guarantor. Any of the preceding events occurs with respect to any guarantor, endorser, surety, or accommodation party
of any of the indebtedness or any guarantor, endorser, surety, or accommodation party dies or becomes incompetent, or revokes or
disputes the validity of, or liability under, any guaranty of the indebtedness evidenced by this Note.
Adverse Change. A material adverse change occurs in Borrower's financial condition, or Lender believes the prospect of payment or
performance of this Note is impaired.
Insecurity. Lender in good faith believes itself insecure. · '
LENDER'S RIGHTS. Upon default, Lender may, after giving such notices as required by applicable law, declare the entire unpaid principal
balance on this Note and all accrued unpaid interest immediately due, without notice, and then Borrower will pay that amount.
ATTORNEYS' FEES; EXPENSES. Lender may hire or pay someone else to help collect this Note if Borrower does not pay. Borrower will pay
Lender that amount. This includes, subject to any limits under applicable law, Lender's attorneys' fees and Lender's legal expenses, whether or
not there is a lawsuit, including attorneys' fees, expenses for bankruptcy proceedings (including efforts to modify or vacate any automatic stay
or injunction), appeals and any anticipated post-judgement collection services. If not prohibited by applicable law, Borrower also will pay any
court costs, in addition to all other sums provided by law.
WAIVER OF JURY TRIAL. THE BORROWER IRREVOCABLY WAIVES ANY AND ALL RIGHTS THE BORROWER MAY HAVE TO A TRIAL BY
JURY IN ANY ACTION, PROCEEDING OR CLAIM OF ANY NATURE RELATING TO THIS NOTE, ANY DOCUMENTS EXECUTED IN CONNECTION
WITH THIS NOTE OR ANY TRANSACTION CONTEMPLATED IN ANY OF SUCH DOCUMENTS. THE BORROWER ACKNOWLEDGES THAT THE
FOREGOING WAIVER IS KNOWING AND VOLUNTARY.
GOVERNING LAW. This Note will be governed by, construed and enforced in accordance with federai law and the laws of the Commonwealth
of pennsylvania. This Note has been accepted by Lender in the Comrnonwealth of Pennsylvania.
CHOICE OF VENUE. If there is a lawsuit, Borrowe~ agrees upon Lender's request to submit to the jurisdiction of the courts of Cumberland
County, Commonwealth of Pennsylvania.
RIGHT OF SETOFF. In addition to all liens upon and rights of setoff against Borrower's money, securities or other property given to Lender by
law, Lender shall have, with respect to Borrower's obligations to Lender under this Note and to the extent permitted by law, a contractual
possessory security interest in and a contractual right of setoff against, and Borrower hereby assigns, conveys, delivers, pledges and transfers
to Lendm' all of Borrower's right, title and interest in and to, all of Borrower's deposits, moneys, securities and other property now or hereafter
in the possession of o~ on deposit with, or in transit to, Lender or any other direct or indirect subsidiary of The PNC Financial Services Group,
Inc., whether held in · general or special account of deposit, whether held jointly with someone else, or whether held for safekeeping or
otherwise, excluding, however, all IRA, Keogh, and trust accounts. Every such security interest and right of sctoff may pe exercised without
demand upon or notice to ~orrower. Every such right of setoff shall be deemed to have been exercised {mmediatciy upon the_occurrence of an
Event of Default here~r~er without any action of Lender, although Lender may enter such satoff on its books and records at a tater time:
FINANCIAL INFORMATION PROVISION. Borrower agrees to deliver any financial and other business information concerning Borrower that
Lender may request from time to time, such as annual and interim financial statements {all of which shall be prepared in accordance with
generally accepted accounting principles) and federal income tax returns.
DEPOSITORY. Borrower will establish and maintain, with Lender, Borrower's primary depository account(s), if Borrower fails to establish and/or
maintain its primary depository account(s) wi~ Lender, Lender may, at its option, upon thirty (30) days notice to Borrower, increase the interest
rate payable by Borrower under this Note by up to 1.00 percentage points (1.00%). Lender's right to increase the interest rate pursuant to this
paragraph shall be in addition to any other rights or remedies Lender may have under this Note, all of which are hereby reserved, and shall not
constitute a waiver, release or limitation upon Lender's exercise of any such rights or remedies.
SUCCESSOR INTERESTS. The terms of this Note shall be binding upon Borrower, and upon Borrower's heirs, personal representatives,
successors and assigns, and shall inure to the benefit of Lender and its successors and assigns.
GENEP, AL PROVISIONS. Lender may delay or forgo enforcing any of its rights or remedies under this Note without losing them. Borrower and
any other person who signs, guarantees or endorses this Note, to the extent allowed by law, waive presentment, demand for payment, and
notice of dishonor. Upon any change in the terms of this Note, and unless otherwise expressly stated in writing, no party who sigp~ this Note,
whether as maker, guarantor, accommodation maker or endorser, shall be released from liability. All such parties agree that Lender may renew
of extend (repeatedly and for any length of time) this loan or release any party or guarantor or collateral; or impair, fail to realize uprm or perfect
Lender's security interest in the collateral; and take any other action deemed necessary by Lender without the consent of or notice to anyone.
All such parties also agree that Lender may modify this loan without the consent of or notice to anyone other than the party with whom the
modification is made. The obligations under this Note are joint and several. If any portion of this Note is for any reason determined to be
unenforceable, it will not affect the enforceability of any other provisions of this Note.
CONFESSION OF JUDGEMENT. THE BORROWER HEREBY EMPOWERS ANY ATTORNEY OF ANY COURT OF RECORD, AFTER THE
OCCURRENCE OF ANY EVENT OF DEFAULT HEREUNDER, TO APPEAR FOR THE BORROWER AND, WITH OR WITHOUT COMPLAINT FILED,
CONFESS JUDGMENT, OR A SERIES OF JUDGMENTS, AGAINST THE BORROWER IN FAVOR OF LENDER OR ANY HOLDER HEREOF FOR THE
ENTIRE PRINCIPAL BALANCE OF THIS NOTE, ALL ACCRUED INTEREST AND ALL OTHER AMOUNTS DUE HEREUNDER, TOGETHER WITH
COSTS OF surr AND AN ATTORNEY'S COMMISSION OF THE GREATER OF 10% OF SUCH PRINCIPAL AND INTEREST OR $1,000 ADDED AS
A REASONABLE ATTORNEY'S FEE, AND FOR DOING SO, THIS NOTE OR A COPY VERIFIED BY AFFIDAVIT SHALL BE A SUFFICIENT
WARRANT. THE BORROWER HEREBY FOREVER WAIVES AND RELEASES ALL ERRORS IN SAID PROCEEDINGS AND ALL RIGHTS OF APPEAL
AND ALL RELIEF FROM ANY AND ALL APPRAISEMENT, STAY 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 CONFESS JUDGMENT, OR A SERIES OF JUDGMENTS, SHALL BE DEEMED TO
EXHAUST THE POWER, WHETHER OR NOT ANY SUCH EXERCISE SHALL BE HELD BY ANY COURT TO BE INVALID. VOIDABLE, OR VOID,
BUT THE POWER SHALL CONTINUE UNDIMINISHED AND IT MAY BE EXERCISED FROM TIME TO TIME AS OFTEN AS LENDER SHALL ELECT
UNTIL SUCH TIME AS LENDER SHALL HAVE RECEIVED PAYMENT IN FULL OF THE DEBT, INTEREST AND COSTS. NOTWITHSTANDING THE
ATTORNEY'S COMMISSION PROVIDED FOR IN THE PRECEDING PARAGRAPH (W~IICH IS INCLUDED IN THE WARRANT FOR PURPOSES OF
ESTABLISHING A SUM CERTAIN), THE AMOUNT OF ATTORNEYS' FEES THAT LENDER MAY RECOVER FROM THE BORROWER SHALL NOT
EXCEED THE ACTUAL ATTORNEYS' FEES INCURRED BY LENDER.
~ PROMISSORY NOTE
1-oan Nb: 009273487 (Continued) Page 3
PRIOR TO SIGNING THIS NOTE. BORROWER READ AND UNDERSTOOD ALL THE PROVISIONS OF THIS NOTE. SORROWER AGREES TO THE
TERMS OF THE NOTE.
THIS NOTE IS GIVEN UNDER SEAL AND IT IS INTENDED THAT THIS NOTE IS AND SHALL CONSTITUTE AND HAVE THE EFFECT OF A
SEALED INSTRUMENT ACCORDING TO LAW.
BORRO ..WE_~ R: ~
{Sea~)
ACT 105 OF 2000 NOTICE
A JUDGMENT HAS BEEN ENTERED AGAINST YOU BY CONFESSION OF JUDGMENT.
PURSUANT TO 42 PA. C.S.A. §2737.1, IF YOU WERE INCORRECTLY IDENTIFIED AS A
DEFENDANT IN THE COMPLAINT IN CONFESSION OF JUDGMENT, YOU MAY BE
ENTITLED TO COSTS AND REASONABLE ATTORNEY FEES AS DETERMINED BY THE
COURT.
YOU MAY TAKE ACTION TO STRIKE THE JUDGMENT BY FOLLOWING THE PROCEDURE
IN RULE 2959 WHICH IS AS FOLLOWS:
PENNSYLVANIA RULE OF CIVIL PROCEDURE 2959 - STRIKING OFF JUDGMENT.
(a) (1) Relief From a judgment by confession shall be sought by petition. Except as provided
in subparagraph (2), all grounds for relief whether to strike off the judgment or to open it must be
asserted in a single petition. The petition may be filed in the county in which the judgment was
originally entered, in any county to which the judgment has been transferred or in any other
county in which the sheriff has received a writ of execution directed to the sheriff to enforce the
judgment.
(2) The ground that the waiver of the due process rights of notice and hearing was not
voluntary, intelligent and knowing shall be raised only
(i) in support of a further request for a stay of execution where the court has
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 Pennsylvania Rule of Civil Procedure 2958.3 or Rule 2973.3.
(3) If written notice is served upon the petitioner pursuant to Rule 2956.1(c)(2) or Rule
2973.1(c), the petition shall be filed within thirty days after such service. Unless the defendant
can demonstrate that there were compelling reasons for the delay, a petition not timely filed
shall be denied.
(b) If the petition states prima facie grounds for relief the court shall issue a rule to show cause
and may grant a stay of proceedings. After being served with a copy of the petition the plaintiff
shall fi~e an answer on or before the return day of the ruJe. 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 (see text of Rule 440 reprinted below).
-.5-
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
PNC BANK, NATIONAL ASSOCIATION,
Plaintiff,
VS.
ROBERT S. REED d/b/a
CREDIT RANCH AUTO SALES,
Defendant.
NO.
TO:
Robert S. Reed d/b/a
Credit Ranch Auto Sales
685 State Street
Lemoyne, PA 17043
NOTICE OF ENTRY OF JUDGMENT
Please take notice that on ,2003, a Judgment by Confession of
Judgment, was entered against you in the court and at docket term and number set forth above.
The amount of the Judgment is $26,756.75, plus costs.
Prothonotary, Cumberland County
-3-
VERIFICATION
The undersigned, John Matlak, hereby verifies the statements of fact contained in the
attached Complaint in Confession of Judgment to be true and correct according to his personal
knowledge, information and belief, and further pledges that this verification is made subject to the
penalties of 18 Pa. C.S.A. §4904 relating to unsworn falsification to authorities.
By:
John I l~k
Assista~_~e President and
Attorney~tions Manager
-7-
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
PNC BANK, NATIONAL ASSOCIATION,
CIVIL DIVISION
VS.
Plaintiff,
NO.
AFFIDAVIT OF NON-MILITARY
SERVICE
ROBERT S. REED d/b/a
CREDIT RANCH AUTO SALES,
Filed on behalf of Plaintiff,
PNC Bank, National Association
Defendant.
Code:
Counsel of Record for This
Party:
Donna M. Donaher, Esquim
Pa.I.D. #53165
TUCKER ARENSBERG, P.C.
Firm #287
1500 One PPG Place
Pittsburgh, PA 15222
(412) 566-1212
-8-
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
PNC BANK, NATIONAL ASSOCIATION,
Plaintiff,
VS.
ROBERT S. REED d/b/a
CREDIT RANCH AUTO SALES,
Defendant.
NO.
Personally appeared before me, the undersigned authority, John Matlak, who, being duly
sworn according to law deposes and says that upon inquiry, and from his own personal
knowledge, he knows and avers that the Defendant, Robert S. Reed d/b/a Credit Ranch Auto
Sales, in the above action is not in any branch of the military service of the United States.
John M~E~
Assistan~ce President and
Attorney I~lations Manager
Sworn and subscribed
before me.this'~,<l day
of/ O' ~,L.,~ ,,2003.
Notary Public'
Notama Seal
My commission expires: ~l~J. M~k, N~
BAN~FIN:2~2~I 0122a~6670 My~mmi~
M~r, P~p~~~
PNC BANK, National Association,
Plaintiff
ROBERT REED, SR. d/b/a CREDIT :
RANCH AUTO SALES, :
Defendant :
: 1N THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
:
: CASENO. 03-3869
CIVIL ACTION - LAW
NOTICE OF STAY
TO THE PROTHONOTARY OF THE COURT OF COMMON PLEAS:
All proceedings concerning the above-referenced action should be stayed
pursuant to the filing of a Petition under Chapter 13 of the United States Bankruptcy
Code in the Middle District of Pennsylvania to Case No. 1-04-00337, by Robert S. Reed,
the Defendant in the within action. A copy of such Petition and the Notice of
Bankruptcy Case Filing is attached. This Notice is entered for the limited purpose of
providing notice of the pending Chapter 13 Bankruptcy case and is not intended to be an
entry of appearance by the undersigned.
Date: Januaryc~~ , 2004
Respectfully submitted,
CUNNINGHAM & CHERNICOFF, P.C.
RO[~ert E. Ch~rnicof~~ _
Pennsylvania Attorney Id. No. 233~ff
2320 North Second Street j,~
P. O. Box 60457 //
Hamsburg, PA 17106-04S'/
(717) 238-6570
United States Bankruptcy Court
.District of
OC.
· '~g~' $. REED, SR.
--~,EDIT RANCH AUTo SAj, ES & SERVI~
685 SI'AI'E $~-~T
I~:~01qv~ PA 1 7043
RACING
~O~g mA 17043
Venue (Check any appticabte box) e ·
~ Debtor has been domiciled or has had a res/
~ preceding the date ofth~s petition , ~^. , dance, principal
o. ,..,. a ~on er Place of bus/
There is a bankruptcy Case COncerning debtor's a~liate general partner, or partnership pending
g part of Such /80days thannei;S'a;;Po~;;;P~)i,s~r;Sctets,nth,s D,stnctfor 180 days ,mmediate,y
~ individuaJ{s~YPe of Debtor (Check atl boxes that apply)' this DJstr~ct.
~ Corporation ~ Railroad
Partnership ~ StOCkbroker Chapter or Section °f Sankruptcy Code Under Which
Other
~] Commodity Broker
~ Clearing Bank
Nature of Debts (Check one box)
the Petition is Filed
Chapter 7 (Check One box)
Chapter 9 ~ Chapter 11 J~ Chapter 13
L.~ Chapter 12
Sec. 304 -.Case ancil/ar7 to foreign proceeding
Estimated ASsets
$o to
Estimated Debts
~ ~ Chapter 11 Small BUSiness rr-~, · Filing Fee {Check One box)
uebtor is a sm ~. ..... ,v..ec~ all boxes that ap I J~ Full Filing Fee attached
all ~"~.~ess as detTned in 1
~ Debtor is and elects to be - ' *~* 9 101 Filing Fee to be Paid in installments (ApplJ~bJe to ~ndividua/s only)
S tabSbcaUAdmJnistratJve.
Debtor estimates ~_ ~ ~e avadab~e ~or d~s rJbutJo~ ~ s
~,, ~c no funds availah~ ? ~pu~ is excluded ..... ' '~URT USe ONLy
Voluntary Petition Name of Debtor(s): FORM el, Page 2
(This page must be completed and filed in every case) RO~T $ R~D an,4
Lo~tion Where Filed: Case Numbec Date Filed:
Name of Debtor: Case Number: Date Filed:
District: Relationship: Judge:
Signature(s) of Debtor(s) (Individual/Joint) Exhibit A
declare undec pena~ oF perjur/that the information provided in this (To be completed if debtor is required to file pedodic repo~s
:et~tion is true and correct. (e.g., farms 10K and 10Q) wi~ the Securities and Exchange
pf petitioner is an individual whose debts are pdmadly COnsumer debts Commission pursuant to Section 13 or 15(d) of the Secudties
and has chosen to file under chapter 7] t am aware that I may proceed Exchange Act of 19~ and is requesting relief under Chapter 11)
under chapter 7, 11.12, or 13 of title 11, United States Code, understand ~ Exhibit A is a~ached and made a pa~ of this petition
the relief avail_a~l~ under each such.Gha0ter, and choose to pr~eed
under chapter 7. Exhibit B
I request retief in accordance with the chapter of title 11, Un,ted States
Code~e~ed in this pet~t[o~ ~ (To be completed if debtor is an individual
X ~[~ ~ ~,%~' ] whose debts are primarily consumer debts)
I, the a~orney for the petitioner named ~n the foregoing petition, declare
'/~ chapter 7~1.12. or13 of title 11. United States Code. and have
X
ex~i~t~e relie~ a~ un,er e~h such chap~r.~/.C,.
Exhibit C
Dote ~ ~ Does ~e debtor own or have ~ossession of any prepe~ that poses
~e ~f AEorn~y or ~s alleged to pose a threat of ~mminent and identifiable harm to
X
Yes, and e~hibit C is a~ached and made e pa~ of this petition.
No
~ ~ ~ZCO~ 233~ ~ Signature of Non.A~orne7 Petition Preparer
F~rm Name provided the debtor with a copy cf this document.
PO BOX 60457
Signature of Debtor (Corporation/Pa~nemh[p)
~ dec]are under penaRy of penury that the information provided in th~s Names and Social Secur[~ ncmbers of ail other individuals who
The debtor requests reJ[ef in accordance w~th th~ chapter o~ title 11,
United S~ates Code, spec[~eQ ~n this petition.
If mere than one person prepared this document, a~ach additional
X sheets conforming to the appropr a e o~cial form for each person.
X
A bankruptcy petition preparers failure to comply with the provisions
~ate O[ title 11 and the Federal Rules of Bankruptcy Procedure may result
in ~nes or imprisonment or both 11 U.S.C. ~ 110; 18 US.C.
USBC PAM - LIVE - V2.3 - NoticeOfFiling Page 1 of 2
United States Bankruptcy Court
Middle District of Pennsylvania
Notice of Bankruptcy Case Filing
A bankruptcy case concerning the debtor(s) listed below was
filed under Chapter 13 of the United States Bankruptcy Code,
entered on 01/21/2004 at 4:28 PM and filed on 01/21/2004 at
3:36 PM.
Robert S Reed
685 State Street
Lemoyne, PA 17043
SSN: xxx-xx-7350
aka
Robert S Reed
dba
Credit Ranch Auto Sales & Service
Rae Ann Reed
685 State Street
Lemoyne, PA 17043
SSN: xxx-xx-9282
aka
MMI Components
aka
MMI
aka
bIMI Racing Components
The case was filed by the debtor's attorney: The bankruptcy trustee is:
Robert E Chernicoff
Cunningham & Chemicoff PC
2320 N Second St
PO Box 60457
Harrisburg, PA 17106-0457
717-238-6570
Charles J DeHart, III
PO Box 410
Hummelstown, PA 17036
717-566-6097
The case was assigned case number 04-337 to Judge Mary D France.
The filing of a bankruptcy case automatically stays certain actions against the debtor and the debtor's
property. If you attempt to collect a debt or take other action in violation of the Bankruptcy Code, you
may be penalized.
If you would like to view the bankruptcy petition and other documents filed by the debtor, they are
available at our Internet home page http://www.pamb.uscourts.gov/or at the Clerk's Office, U.S.
Bankruptcy Court, PO Box 908, Harrisburg, PA 17108.
https://ec f. pamb.usc ourts.gov/cgi~bin/'Notic eO fFiling.pl? 129402 1/28/04
USBC PAM - LIVE - V2.3 - NoticeOfFiling Page 2 of 2
You may be a creditor of the debtor. If so, you will receive an additional notice from the court setting
forth important deadlines.
Arlene Byers
Clerk, U.S.
Bankruptcy Court
PACER Service Center
Transaction Receipt
01/28/2004 13:17:56
.PACER Login:l[e~1465 ltClient Code: J
Description: IINotic¢ofFiling]lCaseNumber:l~F
Billable Pages: ILl ][Cost: ][0.07
https://ec f. pamb.uscourts.gov/cgi-bin/NoticeOfFiling.pl? 129402 1/28/04
CERTIFICATE OF SERVICE
I, Holly P. Siekerman, Paralegal, hereby certify that on January~-q, 2004, a tree
and correct copy of the foregoing NOTICE OF STAY was served by first-class mail,
postage prepaid on the following:
Donna M. Donaher, Esquire
TUCKER ARENSBERG, P.C.
1500 One PPG Place
Pittsburgh, PA 15222
CUNNINGHAM & CHERNICOFF, P.C.
Holly(P). Siekerman, Paralegal