HomeMy WebLinkAbout08-0388
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
PNC BANK, NATIONAL ASSOCIATION,
Plaintiff,
No. Og - d$8 ?av?l.r ?F't
vs.
JASON RICHARDS
DBA RIOT COMICS AND CULTURE,
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 $ 44,767.27
Interest through 10/30107 3,191.83
Late charge 281.98
Attorney's Commission 4.795.91
Total S ---5,W6.99
Y21
Donna M. Donaher, Esquire
Attorney for PNC Bank, National Association
THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
PNC BANK, NATIONAL ASSOCIATION,
CIVIL DIVISION
Plaintiff,
vs.
NO. O$
l
COMPLAINT IN CONFESSION OF
JUDGMENT
JASON RICHARDS
DBA RIOT COMICS AND CULTURE,
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.
C-
VS.
JASON RICHARDS ) l
DBA RIOT COMICS AND CULTURE, )
Defendant. )
COMPLAINT IN CONFESSION OF JUDGMENT
AND NOW, comes the Plaintiff, PNC BANK, NATIONAL ASSOCIATION, 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 Jason Richards DBA Riot Comics and Culture, whose last known
address is 2104 Milltown Road, Camp Hill, PA 17011.
3. Defendant, on June 9, 2005, 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 $50,000.00
together with interest thereon in the manner provided by the Note.
5.
6.
Defendant.
7.
entered against a natural person in connection with a consumer credit transaction.
There has been no assignment of the Note.
Judgment has not been entered on the Note in any jurisdiction against the
The judgment by confession sought by PNCB in this Complaint is not being
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 $ 44,767.27
Interest through 10/30/07 3,191.83
Late charge 281-98
Attorney's Commission 4,795.91
Total
12. Under the terms of the Note, Defendant is liable to PNCB for attorney's
commission of ten percent for collection.
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 $53,036.99, together
with interest and costs of suit.
TUCKER ARENSBERG, P.C.
ey
Donna M. Donaher, Esquire
1500 One PPG Place
Pittsburgh, PA 15222
(412) 566-1212
-2-
PROMISSORY NOTE
L References in the shaded area are 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 omitted due to text length limitations
Borrower: JASON RICHARDS (SSN: 191-64-7792) DBA: Lender: PNC Bank, National Association
RIOT COMICS + CULTURE Business Banking
453 MEADOW DRIVE 4242 Carlisle Pike
CAMP HILL, PA 17011 Camp Hill, PA 17001
Principal Amount: $50,000.00 Initial Rate: 8.250% Date of Note: June 9, 2005
PROMISE TO PAY. JASON RICHARDS ("Borrower") promises to pay to PNC Bank. National Association ("Lender"), or order, in lawful money
of the United States of America, the principal amount of Fifty Thousand & 00/100 Dollars ($50,000.00) or so much as may be outstanding,
together with interest on the unpaid outstanding principal balance of each advance. Interest shall be calculated from the date of each advance
until repayment of each advance.
PAYMENT. Borrower will pay this loan in accordance with the following payment schedule:
Borrower will pay regular monthly payments of accrued interest beginning JULY 9, 2005. and all subsequent interest payments are due on
the same day of each month after that. Borrower will pay this ban in one payment of all outstanding principal plus all accrued unpaid
interest on the Expiration Date. Borrower may borrow, repay and reborrow hereunder until the Expiration Date, subject to the terms and
conditions of this Note. The "Expiration Date" shall mean JUNE 9. 2007, or such later date as may be designated by written notice from
Lender to Borrower. Borrower acknowledges and agrees that in no event will Lender be under any obligation to extend or renew the loan or
this Note beyond the initial Expiration Date. In no event shaft the aggregate unpaid principal amount of advances under this Note exceed
the face amount of this Note.
Unless otherwise agreed or required by applicable law, payments will be applied first to any accrued unpaid interest; then to principal: then to
any unpaid collection costs; and then to any late charges. The annual interest rate for this Note is computed on a 3651360 basis; that is, by
applying the ratio of the annual interest rate over a year of 360 days, multiplied by the outstanding principal balance, multiplied by the actual
number of days the principal balance is outstanding. Borrower will pay Lender at Lender's address shown above or at such other place as
Lender may designate in writing.
VARIABLE INTEREST RATE. The interest rate on this Note is subject to change from time to time based on changes in an independent index
which is the highest Prime Rate, as published in the "Money Rates" section of The.Wall Street Journal (the "Index"). The Index is not
necessarily the lowest rate charged by Lender on its loans. If the Index becomes unavailable during the term of this loan, Lender may designate
a substitute index after notice to Aorrower. Lender will tell Borrower the current Index rate upon Borrower's request. The interest rate change
will not occur more often than each day. Borrower understands that Lender may make loans based on other rates as well. The Index currently
is 6.000% per annum. The interest rate to be applied to the unpaid principal balance of this Note will be at a rate of 2.250 percentage points
over the index, resulting in an initial rate of 8.250% per annum. NOTICE: Under no circumstances will the interest rate on this Note be more
than the maximum rate allowed by applicable law.
PREPAYMENT. Borrower may pay without penalty all or a portion 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 of accrued unpaid interest. Rather, early
payments will reduce the principal balance due. Borrower agrees not to send Lender payments marked "paid in fulr, "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 obligated to pay any further amount owed to Lender. All written communications concerning disputed amounts, Including any check
or other payment Instrument that indicates that the payment constitutes "payment in full" of the amount owed 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 Tinicurn Boulevard 5th Floor Philadelphia, PA 19153.
LATE CHARGE. If a payment is 15 days or more late, Borrower will be charged 5.000% of the regularly scheduled payment or $100.00,
whichever is less.
INTEREST AFTER DEFAULT. Upon default, including failure to pay.upon final maturity, Lender, at its option, may, if permitted under applicable
law, increase the variable interest rate on this Note to 7.250 percentage points over the Index. The interest. rate will not exceed the maximum
rate permitted by applicable law. If judgment is entered in connection with this Note, interest will continue to accrue on this Note.after
judgment at the interest rate applicable to this Note at the time judgment is entered.
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.
Other 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 Parties. Borrower or any Grantor defaults under any loan, extension 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 Insolvency. 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.
Creditor or Forfeiture Proceedings. Commencement of foreclosure or forfeiture proceedings,- whether by judicial proceeding, self-help,
repossession or any other method, by any creditor of Borrower or by any governmental agency against any collateral securing the loan.
This includes a garnishment of any of Borrower's acc , with Lender. However, this Event of Default shall
not apply if there is a good faith dispute by Borrower EXHIBIT s of the claim which is the basis of the creditor or
forfeiture proceeding and if Borrower gives Lender wri iture proceeding and deposits with Lender monies or
a surety bond for the creditor or forfeiture proceedi r t V nder, in its sole discretion, as being an adequate
PROMISSORY NOTE
(Continued)
Paae 7
reserve or bond for the dispute.
Events Affecting Guarantor. Any of the preceding events occurs with respect to any guarantor, endorser, sure
of any of the indebtedness or any guarantor, endorser, surety, or accommodation parry dies or becomes incompetent, or revokes or
disputes the validity of, or liability under, arty 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
or injunction), appeals and any anticipated post-judgement collection services BeIf not prohibited by app) c bledfew, Boarrowernalso 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.
he CERNING Tof thout to ts his Note l will be govern d regard federal )its apple licabl ofolaLender and, to the extent not preempted by federal law, the laws of
Commonwealth of Pennsylvania. provisions. This Note has been accepted by Lender in the
CHOICE OF VENUE. It there is a lawsuit, Borrower 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 Lender 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 or 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 a general or special account or 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 setoff may be exercised without
demand upon or notice to Borrower. Every such right of setoff shall be deemed to have been exercised immediately upon the occurrence of an
Event of Default hereunder without any action of Lender, although Lender may enter such setoff on its books and records at a later time.
COLLATERAL. Borrower acknowledges this Note is secured by the following collateral described in the security instrument listed herein:
collateral described in a Commercial Security Agreement dated June 9, 2005.
LINE OF CREDIT, This Note evidences a revolving line of credit. Advances under this Note may be requested oral) b
authorized person. All oral requests shall be confirmed in writing on the day of the request. All communications, instructions, or directions by
telephone or otherwise to Lender are to be directed to Lender's office shown above, Borrower agrees to be liable or all sums either: (A)
gs
advanced in accordance with the instructions of an authorized person or (B) credited to any of Borrower's accounts with Lender. The unpaid
principal balance owing on this Note at any time may be evidenced by endorsements on this Note or by Lender's internal records, including daily
computer printouts. Lender will have no obligation to advance funds under this Note if., (A) Borrower or an
terms of this Note or any agreement that Borrower or any guarantor has with Lender, including any
signing of this Note; (B) Borrower or an any guarantor is in default under the
any guarantor ceases doing business or is insolvent; ( agreement made in connection with the
attempts to limit, modify or revoke such guarantor's guarantee of this Note or any other loan with any
Lender; ID) guarantor seeks, Borrower clahasms or otherwise
provided pursuant to this Note for purposes other than those authorized by Lender; or (E) Lender in good faith believes itself insecure.
applied funds
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 de
maintain its primary depository account(s) with Lender, Lender may, at its option, upon thirty thirty (3 days account(s)01 If Borrower fails cr establish and/or
rate payable by Borrower under this Note by up to 1.00 percentage points right to increase notice the intere rate to
Borrower, increase the interest
paragraph shall be in addition to any other rights or rem dies Le de may have 0under this Lender's
constitute a waiver, release or limitation upon Lender's exercise of any such rights or remedies.
of which are hereby sreserved,,and shall snot
AUTOMATIC DEBIT OF PAYMENTS. The Borrower hereby authorizes the Lender to charge the Borrower's deposit account
payment when due hereunder. If the Borrower revokes this authorization for any reason whatsoever or faits to maintain a deposit account with
for any
the Lender which may be charged, the Lender may, at its option, upon thirty (30) days notice to the Borrower, increase the intere teraterpayable
by the Borrower under this Note by twenty-five (25) basis points (0.25%),
TERMINATION OF LINE OF CREDIT. Upon sixty (60) days prior written notice to Borrower, Lender may terminate the Line of Credit, with or
without cause, and demand full payment of the entire unpaid principal balance of this Note, and all accrued and unpaid interest on the balance,
and all other amounts due in accordance with the terms of this Note. Unless Lender's notice provides otherwise, Lender will have no further
obligation to advance funds under this Note.
CONVERSION TO TERM LOAN. Lender retains the right to convert all or an
amortizing term loan, with or without cause, upon providing si y pan of the outstanding
Lender exercise this right, Lender will compute a new month) xry (601 da s indebtedness under this Note into an
y payment with resprior ritten notice pect to the part oft he Borrower ooconverted (thee"Term
Loan Portion'), and Borrower will be advised of such new monthly payment with respect to the Term Loan Portion in the Conversion Notice.
Monthly payments on the Term Loan Portion following the Conversion Notice shall be based upon an amortization period specified in the
Conversion Notice (the "Amortization Period"). Subsequent payments on the Term Loan Portion shall be determined monthly and shall be in the
amounts determined by Lender to be necessary to fully amortize the then outstanding principal balance so converted over the then remaining
Amortization Period at the effective interest rate on this Note as of the date the amount of such payment outstanding principal and accrued interest will be due on the last day of the Amortization Period. All of the pis calculated by Lender. All
Related Documents shall apply to the Term Loan Portion except to the extent inconsistent with this paragraph.
provisions of this Note and any
PROMISSORY NOTE
(Continued) Page 3
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.
GENERAL 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 signs this Note,
whether as maker, guarantor, accommodation maker or endorser, shall be released from liability. All such parties agree that Lender may renew
or extend (repeatedly and for any length of time) this loan or release any party or guarantor or collateral; or impair, fail to realize upon 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 SUIT 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 (WHICH 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.
PRIOR TO SIGNING THIS NOTE, BORROWER READ AND UNDERSTOOD ALL THE PROVISIONS OF THIS NOTE, INCLUDING THE VARIABLE
INTEREST RATE PROVISIONS. BORROWER 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.
BORROWER:
X `
JAS C D (Seat)
LAS7R MO lwMirq, v>. 5.79.70.000 Cs?M. X,?k,M Fy 'd
Sabe,m, 6,. 1997.2055. M Ry4u Raerv,d, , PA TACFRLPLID70.FC TR50517Uq P141?
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
PNC BANK, NATIONAL ASSOCIATION, )
Plaintiff, )
No. O $ - 388
VS. )
JASON RICHARDS )
DBA RIOT COMICS AND CULTURE, )
Defendant. )
CERTIFICATE OF RESIDENCE
I hereby certify that the precise address of Plaintiff is:
Fifth Avenue and Wood Street
Pittsburgh, Pennsylvania 15222
and that the last known address of Defendant is:
2104 Milltown Road
Camp Hill, PA 17011
B
Donna M. Donaher, Esquire
Attorney for PNC Bank, National Association
AFFIDAVIT
The undersigned hereby certifies that the judgment to be entered in this action is not being
entered against a natural person in connection with a consumer credit transaction. To the
contrary, the underlying transaction is a commercial transaction.
1
Donna M. Donaher, Esquire
Attorney for PNC Bank, National Association
Sworn to and subscaDed
before me this lol" day
of 2007.
Notary Public MMON ALTH OF PENNSYL ANIA
Notarial Seal
Melissa Szalkay, Notary Public
City Ot P'Rtsburgh, Allegheny County
My commission Expires Oct 31, 2009
Member, Pennsylvania Association of Notaries
BANK FIN:312033-1 000011-134095
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 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 (see text of Rule 440 reprinted below).
(e) The court shall dispose of the rule on petition and answer, and on any testimony,
depositions, admissions and other evidence. The court for cause shown may stay proceedings
on the petition insofar as it seeks to open the judgment pending disposition of the application to
strike off the judgment. If evidence is produced which 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 is pending.
Rule 440. Service of Legal Papers other than Original Process
(a) (1) Copies of all legal papers other than original process filed in an action or served
upon any party to an action shall be served upon every other party to the action. Service shall
be made
(i) by handing or mailing a copy to or leaving a copy for each party at the
address of the party's attorney of record endorsed on an appearance or prior pleading of the
party, or at such other address as a party may agree, or
Note: Such other address as a party may agree might include a mailbox in the
Prothonotary's office or an e-mail address. For electronic service by means other than
facsimile transmission, see Rule 205.4(8).
(ii) by transmitting a copy by facsimile to the party's attorney of record as
provided by subdivision (d).
(2) (i) If there is no attorney of record, service shall be made by handing a copy to
the party or by mailing a copy to or leaving a copy for the party at the address endorsed on an
appearance or prior pleading or the residence or place of business of the party, or by
transmitting a copy by facsimile as provided by subdivision (d).
(ii) If such service cannot be made, service shall be made by leaving a copy at or
mailing a copy to the last known address of the party to be served.
Note: This rule applies to the service upon a party of all legal papers other than original
process and includes, but is not limited to, all other pleadings as well as motions,
petitions, answers thereto, rules, notices, interrogatories and answers thereto. Original
process is served under Rule 400 et seq.
(b) Service by mail of legal papers other than original process is complete upon mailing.
(c) If service of legal papers other than original process is to be made by the sheriff, he shall
notify by ordinary mail the party requesting service to be made that service has or has not been
made upon a named party or person.
BANK_FIN:312033-1 000011-134095
. e
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
PNC BANK, NATIONAL ASSOCIATION, )
Plaintiff, )
No. 08 -- JeE3
vs. )
JASON RICHARDS )
DBA RIOT COMICS AND CULTURE, )
Defendant. )
AFFIDAVIT
I, Darnella Ganaway, Attorney Relations Manager, PNC Bank, National Association,
hereby certify that the facts set forth in the foregoing Complaint in Confession of Judgment are
true and correct to the best of my knowledge, information and belief; that the Exhibits attached
to the Complaint in Confession of Judgment are true and correct copies of the originals; and that
the Borrower is in default under the Notes (as those are defined in the Complaint); that the
underlying transactions giving rise to this action are commercial in nature and are not consumer
credit transactions against a natural person; and that I am authorized to make this Affidavit.
PNC Bank, Iota jonal Association
I
Sworn n&s' befor
e a day of , 2007.
Notary Public
My commission expires:
By:
Attorney Relations Ma
coM ONWEALTH OF PENNSYLVANIA
Notarial Seal
Deryse M. Cs** Notary Public
CMWT*WM E 120 1
Member, Pennsylvania Assoclatlon of Notaries
BANK FIN:312039-1 000011-134095
VERIFICATION
The undersigned, Darnella Ganaway, 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.
Date:
By:
Dar _ .Ganaway
Attorney Relations Manager
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
PNC BANK, NATIONAL ASSOCIATION, )
Plaintiff, )
No. 09'-
vs.
JASON RICHARDS )
DBA RIOT COMICS AND CULTURE, )
Defendant. )
TO: Jason Richards
DBA Riot Comics and Culture
2104 Milltown Road
Camp Hill, PA 17011
NOTICE OF ENTRY OF JUDGMENT
Please take notice that on %J 7 , 2000 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 $53,036.99, plus costs.
Pr onota berl d County
THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
PNC BANK, NATIONAL ASSOCIATION,
vs.
Plaintiff,
JASON RICHARDS
DBA RIOT COMICS AND CULTURE,
CIVIL DIVISION
NO. d8 --?eh,-% ?lv? 1. 6F2.
AFFIDAVIT OF NON-MILITARY SERVICE
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. )
JASON RICHARDS )
DBA RIOT COMICS AND CULTURE, )
Defendant. )
AFFIDAVIT OF NON-MILITARY SERVICE
COMMONWEALTH OF PENNSYLVANIA )
COUNTY OF ALLEGHENY ) SS.
I, Darnella Ganaway, being duly sworn according to law, hereby depose and say that the
Defendants are not members of the military service of the United States of America to the best
of my knowledge, information and belief.
Dar;-ea Ganaway
Attorney Relations
L pc,??' Svvrn and suH
1 " 1 v ? COM NWEALTH OF PENNSYLVANIA
Notary Public Notarial Seal
Denise M. Ceo", Notary PubNc
CRY of PftbW h, Allegheny Cou*
My CotrwrWott E)ow Aug. 29, 2011
My commission expires: Member, Pennsylvania Association of Notaries
BANK_FIN:312038-1 000011-134095
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NO.
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
PNC BANK, NATIONAL ASSOCIATION,
Plaintiff,
V.
JASON RICHARDS d/b/a
RIOT COMICS AND CULTURE
No. 08-388
CERTIFICATE OF SERVICE
UNDER RULE 2958.1
Filed on Behalf of Plaintiff,
Defendant. ) PNC BANK, NATIONAL ASSOCIATION
Counsel of Record for This Party:
Donna M. Donaher, Esquire
PA I.D. No. 53165
TUCKER ARENSBERG, P.C.
Firm No. 287
1500 One PPG Place
Pittsburgh, PA 15222
(412) 566-1212
NO.
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
PNC BANK, NATIONAL ASSOCIATION,
Plaintiff,
No. 08-388
V.
JASON RICHARDS d/b/a
RIOT COMICS AND CULTURE
Defendant.
CERTIFICATE OF SERVICE UNDER RULE 2958.1
The undersigned hereby certifies that she did serve a Notice Under Rule 2958.1 of
Judgment and Execution thereon, upon the Defendant on January 3, 2008, by certified mail, at
the following address:
2104 Milltown Road
Camp Hill, PA 17011
A true and correct copy of the Notice Under 2958.1 and the return receipt is attached
hereto.
TUCKER ARENSBERG, P.C.
By-
Donna M. Donaher, Esquire
1500 One PPG Place
Pittsburgh, PA 15222
(412) 566-1212
BF:321157.1 0011-134095
TUCKER ARENSBERG
Attorneys
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
PNC BANK, NATIONAL ASSOCIATION,
Plaintiff,
No. 08-388 Civil Term
vs.
JASON RICHARDS
DBA RIOT COMICS AND CULTURE,
Defendant.
Notice Under Rule 2958.1
of Judgment and Execution Thereon
Notice of Defendant's Rights
TO: Jason Richards
DBA Riot Comics and Culture
2104 Milltown Road
Camp Hill, PA 17011
A judgment in the amount of $53,036.99 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
Tucker Arensberg, P.C. 1500 One PPG Place Pittsburgh, PA 15222 P. 412.566.1212 f. 412.594.5619 wwkwAuckerlaw.com
i 11 N. Front Street P.O. Box 889 Harrisburg, PA 17108 0. 717.234.4121 T. 717.232.6802
TUCKER .ARENSBERG
I Attorneys
AND PRESENT IT TO A JUDGE WITHIN THIRTY (30) DAYS AFTER THE DATE ON WHICH
THIS NOTICE IS SERVED ON YOU OR YOU MAY LOSE YOUR RIGHTS.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT
HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET
FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP:
LAWYER REFERRAL SERVICE
Lawyer Referral Service
Court Administrator
Cumberland County Courthouse
Carlisle, PA 17013
(717) 240-6200
Donna M. Donaher, Esquire
Tucker Arensberg, P.C.
1500 One PPG Place
Pittsburgh, PA 15222
(412) 566-1212
Attorney for Plaintiff
BA N K_F I N:316988-1 000011-134095
Tucker Arensberg, P.C. 1500 One PPG Place Pittsburgh, PA 15222 11412.566.1212 f. 412.594.5619 MMWALIckerlaw.com
111 N. Front Street P.O. Bor. 889 Harrisburg, PA 17108 h. 717.234.4121 f. 717.232.6802
¦ Complete items 1, 2, and 3. Also complete
item 4 if Restricted Delivery is desired.
¦ Print your name and address on the reverse
so that we can return the card to you.
¦ Attach this card to the back of the mailpiece,
or on the front if space permits.
1. Article Addressed to:
Jason Richards
DBA Riot Comics and Culture
2104 Milltown Road
Camp Hill, PA 17011
0 Agent
13-..' eived by (Printed Name) C. Da„ ?e of Delivery
D. Is delivery address different from item 1? ? Yes
If YES, enter delivery address below: O No
3. Service Type
l Certified Mail ? Express Mail
?j Registered ? Return Receipt for Merchandise
? Insured Mail ? C.O.D.
4. Restricted Delivery? (Extra Fee) ? Yes
- - - -------
2. Article Number 7007 1490 0000 8478 8229
(Transfer from service label) - - -- - - -
PS Form 3$11, February 2004 Domestic Return Receipt ?, ?: i 102595-02-M-1540
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FILED-OFFICE
. ' THE PROTHI OHOTARY
7013 APR 25 PH 12: 20
CUMBERLAND COUNTY
PENNSYLVANIA
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
PNC BANK, NATIONAL ASSOCIATION, CIVIL DIVISION
NO. 08-388
Plaintiff
vs. CERTIFICATE OF SERVICE OF
WRIT OF REVIVAL
Filed on behalf of Plaintiff,
PNC Bank, National Association
JASON RICHARDS d/b/a
RIOT COMICS AND CULTURE,
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, ) CIVIL DIVISION
Plaintiff ) NO. 08-388
vs. )
JASON RICHARDS d/b/a )
RIOT COMICS AND CULTURE, )
Defendant )
CERTIFICATE OF SERVICE OF WRIT OF REVIVAL
The undersigned hereby certifies that she did serve a true and correct copy of the Writ of
Revival upon the Defendant, Jason Richards dba Riot Comics and Culture, at the last known
address of 2104 Milltown Road, Camp Hill, Pa 17011, by certified mail on February 21, 2013. A
true and correct copy of a certified mail receipt is attached hereto.
Respectfully submitted,
TUCKER ARENSBERG, P.C.
CL JON
Donna M. Donaher, Esquire
1500 One PPG Place
Pittsburgh, PA 15222
(412) 566-1212
Attorneys for Plaintiff
BANK FIN:450404-1 000011-134095
SENDER: COMPLETE THIS SECTION COMP/XiE THIS SECTION ON DELIVEPY
■ Complete'items 1,2,and 3.Also complete A. Sig tune
item.4 if Restricted Delivery]i s desired. X r ❑Agent
■ Print your name and addres .on the reverse ❑Addressee.
so that we can return the card to you. eceiv, ( Name �C.Dj/f D ery
n Attachahis card to the back of the mailpiece, �
or on the front.if space permits. l
D. Is delivery dress different from item 1? ❑
1. Article Addressed;to: If YES,enter delivery address below: ❑ No
6— �� tS a►�� C�s��u�
3. Service Type
ertified Mail ❑Express Mall
0 Registered ❑Return Receipt for Merchandise
❑Insured-Mail ❑C.O.D.
4. Restricted Delivery?(Extra Fee) krIes
2. Article Number
712 1640 DODD 9133 4742
(transfer from service labeq
PS Form 3811,February 2004 p Domestic Return Receipt 102595.02•M•1540
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