HomeMy WebLinkAbout04-0687 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
PNC BANK, NATIONAL ASSOCIATION, Plaintiff,
RIOHARDL. ROHRER,
Defendant.
CONFESSION OF JUDGMENT
Pursuant to the authority granted in the Warrant of Attorney contained in the Guaranty, a
copy of which is attached as Exhibit "A~ to the Complaint filed in this action; and the Note, a copy
of which is attached as Exhibit "B", 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
Interest through 2/9104
Late Charges
Attorney's Commission
Total
$ 99,375.82
$ 2,395.06
$ 90.58
$ 10.186.14
$112,047.60
Donna M. Donaher, Esquire
Attorney for PNC Bank, National Association
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
PNC BANK, NATIONAL ASSOCIATION,
Plaintiff,
VS.
RICHARD L. ROHRER,
Defendant.
CIVIL DIVISION
COMPLAINT IN CONFESSION OF
JUDGMENT
Filed on behalf of Plaintiff,
PNC Bank, National Association
Code:
Counsel of Record for This Party:
Donna M. Donaher, Esquire
Pa. I.D. #53165
TUCKER ARENSBERG, P.C.
Firm #267
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. )
)
RICHARD L. ROHRER, )
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 and existing under the laws of the United States of America and a citizen of
Pennsylvania, with its main office located at Fifth Avenue and Wood Street, Pittsburgh,
Pennsylvania.
2.
6.
Defendant.
There has been no assignment of the Guaranty.
Judgment has not been entered on the Guaranty in any jurisdiction against the
Defendant is Richard L. Rohrer, whose last known address is 324 Candlelight
Drive, Mechanicsburg, PA 17055.
3. Defendant, on July 7, 2000, executed a Commercial Guaranty ("Guaranty") and
thereby guaranteed prompt and punctual payment of the indebtedness due under a certain
Promissory Note ("Note") between PNCB and Global Safety Services Inc., dated July 7, 2000.
True and correct copies of the Guaranty and Note are attached hereto, incorporated herein and
labeled, respectively, Exhibits "A" and "B".
4. By the Guaranty, Defendant promised to guarantee to pay Plaintiff the principal
sum of $100,000.00 together with interest thereon in the manner provided by the Note.
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 Guaranty, 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 Guaranty, judgment may now
be entered against Defendant as payment on the Note was not made when due thereby creating
an event of default under the Note and accelerating all amounts due thereunder.
11. Under the Guaranty, the following amounts are now due by Defendant to PNCB:
Principal Debt $ 99,375.82
Interest through 2/9/04 $ 2,395.06
Late Charges $ 90.58
Attorney's Commission $ 10,186,14
Total $112,047.60
12. Under the terms of the Guaranty, Defendant is liable to PNCB for attorney's
commission of ten pement for collection.
WHEREFORE, Plaintiff, PNCB, demands that a judgment be entered against Defendant
Richard L. Rohrer, as authorized in the Warrant of Attorney contained in the Guaranty, in the sum
of $112,047.60 together with interest and costs of suit.
TUCKER ARENSBERG, P.C.
Donna M. Donaher, Esquire
1500 One PPG Place
Pittsburgh, PA 15222
(412) 566-1212
-2.-
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
PNC BANK, NATIONAL ASSOCIATION,
Plaintiff,
VS.
RICHARD L. ROHRER,
Defendant.
No. ~- f~J3'7
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:
324 Candlelight Drive
Mechanicsburg, PA 17055
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.
Donna M. Donaher, Esquire
Attorney for PNC Bank, National Association
Sworn to and subscribed
before,me this l~,l ~ day
of ,20o4.
Ci[y Of Piltsbu~J~, Allegheny
My Commi~ion Expires Ap~l
Member, pennsylvenia AssCx~,lafion
BANK_FIN:217239-1 012286-006670
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COMMERCIAL GUARANTY '' -. ..
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COMMERCIAL GUARANTY
(Continued)
Poge 3
ALL ,M.tOUNTS E)G:~;..~,OZ~ C~ ADV~q(::~) BY ~ RELA'n/'G 'fO ,AAY COLLATERAL ~ccu~NG ~
E.)J:H UI~E:RSJG]~D GU]~FU, NTC~ ,.~J?~?~ J~t~O ~ AIL TI~ PRD~q$1oNS OF T~S GULqJ. NTY ~ AG.q~E~ TO ITS :
~ Ii; i?UT~N. ~t, CH ~ ~t~E~.cT~ THAT TI~S ~ IS t.~-~'tr. CTIVE UPO~ GUL~JNTOR'$ Et~l[~/lOR AHO ,
N T)~ ~S~'TIOM TTTL~2 '3~ITIOM OF G~J~U~TY,' MO FO~IL~L AC~ J &NC:~ BY U~fD~a IS MF~E:SS&AY TO MAKE THIS GUA~i~
u ~ ~CTI~. 'I~S GUAAJJ4TY ti ~t~D J.~y 7. ~.G.
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· . - **~ INDIVIDUAL ACKNOWLEDGMENT ·
- P6.~ 4
'1
PROMISSORY NOTE
Prin~:~ Amount: $1~0,.r'c'0__ _m_ Inl~J Rat,': 11.Q00% Date of Hot~: July 7, 2000
P~I~ TO PAY. [~ ~ ~:RVlC~ INt.. ('m~MRm~'~ ptt~t.Jt, tlt tq [my lo Pt4C BANK, NATI~hIAI. A~SOCI&TION ~Lafltl~"'~ ~ ,- ~,,,',
r43t o* f:,~tbAm:L (~ B~r~,,~ ~c~mM ins~%G~ a mc~w k a,.~x~b~ t~r any O&d ~ B~,mr~s p~J),. Bom~w mid~s an ~s~Gnmont lur I~
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PHOMISSORY NOTE '., .." .... ..'. page
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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.
(al (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
(il 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(g).
(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.
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
PNC BANK, NATIONAL ASSOCIATION,
Plaintiff,
RICHARD L. ROHRER,
Defendant.
No. OW 7
TO: Richard L. Rohrer
324 Candlelight Drive
Mechanicsburg, PA 17055
NOTICE OF ENTRY OF JUDGMENT
Please take notice that on'='~ ,.L~ i "'/ , 2004, 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 $112,047.60, plus costs.
Prothonotary, Cumberland ~oun~ ~
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 her
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: ~.~/I,P/O¢ By:
Attorney Relations Manager
PNC BANK, NATIONAL ASSOCIATION,
Plaintiff,
VS.
RICHARD L. ROHRER,
Defendant.
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
NO.
AFFIDAVIT OF NON-MILITARY SERVICE
Filed on behalf of Plaintiff,
PNC Bank, National Association
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,
VS.
RICHARD L. ROHRER,
Defendant.
CIVIL DIVISION
NO. --
,AFFIDAVIT OF NON-MILITARY SERVICE
COMMONVVEALTH OF PENNSYLVANIA )
)
COUNTY OF ALLEGHENY )
SS.
I, Damella Ganaway, being duly swom according to law, hereby depose and say that
the Defendant is not a member of the military service of the United States of America to the
best of my knowledge, information and belief.
Sworn to and subscribed
before me this j~,'~ day
of ~g.~')~,~,,~.q ,2004.
[ J C~ ~ P~, AII~ ~
~My O~i~ E~r~ ~ 8, ~
Attorney h[elations Manager
Member, Pennsylvania AssociaEon Of N(~a~ss
BANK..FIN:217282-1 000011-117717
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
PNO BANK, NATIONAL ASSOCIATION,
Plaintiff,
vs.
RICHARD L. ROHRER,
Defendant.
No. 04-687 Civil Term
CERTIFICATE OF SERVICE
UNDER RULE 2958.1
Filed on Behalf of Plaintiff,
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. 04-687 Civil Term
VS.
RICHARD L. ROHRER,
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 February 23, 2004, by certified mail, at
the following address:
324 Candlelight Drive
Mechanicsburg, PA 17055
A true and correct copy of the Notice Under 2958.1 and the return receipt is attached
hereto.
TUCKER ARENSBERG, P.C.
Donna M. Donaher, Esquire
1500 One PPG Place
Pittsburgh, PA 15222
(412) 566-1212
BANK_FIN:218296-1 000011-117717
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
PNC BANK, NATIONAL ASSOCIATION,
Plaintiff,
VS.
No. 04-687 Civil Term
RICHARD L. ROHRER,
Defendant.
Notice Under Rule 2958.1
of Judgment and Execution Thereon
Notice of Defendant's Rights
To:
Richard L. Rohrer
324 Candlelight Drive
Mechanicsburg, PA 17055
A judgment in the amount of $112,047.60 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 affer thirty (30) days after the date on which
this notice is served on you.
You may have legal rights to defeat the judgment or to prevent your money or property
from being taken. YOU MUST FILE A PETITION SEEKING RELIEF FROM THE JUDGMENT
AND PRESENT iT TO A JUDGE WITHIN THIRTY (30) DAYS AFTER THE DATE ON WHICH
THIS NOTICE IS SERVED ON YOU OR YOU MAY LOSE YOUR RIGHTS.
Tucker Arensberg, RC. 1500 One PPG Place Pittsburgh, PA 15222 P. 412.566.1212 f. 412.594.5619 www. tuckedaw.corn
TUCKER
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT
HAVE A LAWYER OR CANNOT AFFQRD ONE, GO TO OR TELEPHONE THE OFFICE SET
FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP:
Lawyer Referral Service
Court Administrator
Cumberland County Courthouse
Carlisle, PA 17013
(717) 240-6200
TUCKER ARENSBERG, P.C.
Donna M. Donaher, Esquire
1500 One PPG Place
Pittsburgh, PA 15222
(412) 566-1212
Attorneys for Plaintiff
BANK_FIN:218009-1 000011-117717
Tucker Arensberg, P,C. 1500 One PPG Place Pittsburgh, PA 15222 p. 412.566.1212 f 412.594.5619 www. tuckerlaw.com