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Home My WebLink About04-0689IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PNC BANK, NATIONAL ASSOCIATION, Plaintiff, VS. GLOBAL SAFETY SERVICES INC., 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 undemigned 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 2/9/04 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, CIVILDIVISION NO. VS. GLOBAL SAFETY SERVICES INC., 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, VS. GLOBAL SAFETY SERVICES INC., 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 Global Safety Services Inc., whose last known address is 2110 Fisher Road, Mechanicsburg, PA 17055. 3. Defendant, on July 7, 2000, 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 $100,000.00 together with interest thereon in the manner provided by the Note. There has been no assignment of the Note. Judgment has not been entered on the Note in any jurisdiction against the o 6. Defendant. 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 $ 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 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 $112,047.60 together with interest and costs of suit. TUCKER ARENSBERG, P.O. 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. GLOBAL SAFETY SERVICES INC., Defendant. 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: 2110 Fisher Road Mechanicsburg, PA 17055 Donna M. Donaher, Esquire Attorney for PNC Bank National Association AFFIDAVIT 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 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 I;2'r'~ day of I~~ ,2004. Notary Pu~blic SANK_FIN:217235-1 012286-006670 Notarial Seal Linda M. Schall, Notary Public C;~ O~ Pfltsbu~gh. Allegheny County My Commission Expires ,April & 2006 Member, Pennsylvania AssOciation Of Nolalies '1 PROMISSORY NOTE .. PROMISSORY NOTE "'... '~ (ConUnued) .... · .". Page I II ACT 105 OF 2000 NOTICE A JUDGMENT HAS BEEN ENTERED AGAINST YOU BY CONFESSION OF JUDGMENT. PURSUANT TO 42 PA. O.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 shedff to enfome the judgment. (2) The ground that the waiver of the due process dghts 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 wdtten 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, VS. GLOBAL SAFETY SERVICES iNC., Defendant. TO.: Global Safety Services Inc. 2110 Fisher Road Mechanicsburg, PA 17055 NOTICE OF ENTRY OF JUDGMENT Please take notice that on ,~¢~ I ? , 2004, a Judgment by Confession of Judgment, was entered against you Jn the court and at docket term and number set forth above. The amount of the Judgment is $112,047.60, plus costs. Prothonotary, Cumberland COtl~/ ~ VERIFICATION The undersigned, Damella 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: Attorney Relations IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PNC SANK, NATIONAL ASSOCIATION, Plaintiff, No. 04-689 Civil Term VS. GLOBAL SAFETY SERVICES INC., Defendant. 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 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PNC BANK, NATIONAL ASSOCIATION, ) Plaintiff, GLOBAL SAFETY SERVICES INC., Defendant. No. 04-689 Civil Term ~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: 2110 Fisher Road 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. onna M. Donaher~ Esq~e ~ ~ 1500 One PPG Place Pittsburgh, PA 15222 (412) 566-1212 BANK_FIN:218295.1 000011-117717 TUCKZ /AP N ,Bo IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PNC BANK, NATIONAL ASSOCIATION, Plaintiff, vs. No. 04-689 Civil Term GLOBAL SAFETY SERVICES INC., Defendant. Notice Under Rule 2958.1 of Judgment and Execution Thereon Notice of Defendant's Rights To.' Global Safety Services Inc. 2110 Fisher Road 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 after thirty (30) days after the date on which this notice is served on you. You may have legal rights to defeat the judgment or to prevent your money or property from being taken. YOU MUST FILE A PETITION SEEKING RELIEF FROM THE JUDGMENT AND PRESENT IT TO A JUDGE WITHIN THiRTy (30) DAYS AFTER THE DATE ON WHICH THIS NOTICE IS SERVED ON YOU OR YOU MAY LOSE YOUR RIGHTS. Tucker Arensberg, RC. 1500 One PPG Place Pittsburgh, PA 15222 P. 412.566,1212 f. 412.594.5619 Www, tuckerlaw.corn 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 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_FtN:218006.1 000011-117717 Tucker Arensberg, RC. 1500 One PPG Place Pittsburgh, PA, 15222 P. 412.566,1212 f. 412.594.5619 www. tuckerlaw.com