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HomeMy WebLinkAbout08-3293KEEFER WOOD ALLEN & RAHAL, LLP 210 WALNUT STREET PO BOX 11963 HARRISBURG, PA 17108-1963 MANUFACTURERS AND TRADERS TRUST COMPANY, Plaintiff V. MATTHEW W. MOFFETT Defendant(s) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. M -,5A93 am L (v-rvk?x CIVIL ACTION - LAW NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 (717) 249-3166 (800) 990-9108 KEEFER WOOD ALLEN & RAHAL, LLP <=(??) Date: May 23, 2008 By: Euge . Pepinsky, Jr. Attorney I.D. #23702 210 Walnut Street P.O. Box 11963 Harrisburg, PA 17108-1963 (717) 255-8051 Attorneys for Plaintiff a KEEFER WOOD ALLEN & RAHAL, LLP 210 WALNUT STREET PO BOX 11963 HARRISBURG, PA 17108-1963 MANUFACTURERS AND TRADERS TRUST COMPANY, Plaintiff V. MATTHEW W. MOFFETT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. CIVIL ACTION - LAW Defendant(s) AVISO LISTED HA SIDO DEMANDADO/A EN CORTE. Si usted desea defenderse de las demandas que se presentan mas adelante en las siguientes paginas, debe tomar accion dentro de los proximos veinte (20) dias despuas de la notification de esta Demanda y Aviso radicando personalmente o por medio de un abogado una comparecencia escrita y radicando en la Corte por escrito sus defensas de, y objecciones a, las demandas presentadas aqui en contra suya. Se le advierte de que si usted falla de tomar accion como se describe anteriormente, el caso puede proceder sin usted y un fallo por cualquier suma de dinero reclamada en la demanda o cualquier otra reclamacion o remedio solicitado por el demandante puede ser dictado en contra suya por la Corte sin mas aviso adicional. Usted puede perder dinero o propiedad u otros derechos importantes para usted. USTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO INMEDIATAMENTE. SI USTED NO TIENE UN ABOGADO, LLAME O VAYA A LA SIGUIENTE OFICINA. ESTA OFICINA PUEDE PROVEERLE INFORMACION A CERCA DE COMO CONSEGUIR UN ABOGADO. SI LISTED NO PUEDE PAGAR POR LOS SERVICIOS DE UN ABOGADO, ES POSIBLE QUE ESTA OFICINA LE PUEDA PROVEER INFORMACION SOBRE AGENCIAS QUE OFREZCAN SERVICIOS LEGALES SIN CARGO O BAJO COSTO A PERSONAS QUE CUALIFICAN. Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 (717) 249-3166 (800) 990-9108 KEEFER WOOD "N & RAHAL, LLP I` f Date: May 23, 2008 By: Eugene E. Peplnsky, Jr. Attorney I.D. #23702 210 Walnut Street P.O. Box 11963 Harrisburg, PA 17108-1963 (717) 255-8051 KEEFER WOOD ALLEN & RAHAL, LLP 210 WALNUT STREET PO BOX 11963 HARRISBURG, PA 17108-1963 MANUFACTURERS AND TRADERS TRUST COMPANY, Plaintiff V. MATTHEW W. MOFFETT Defendant(s) Attorneys for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. OF-3293 Cora T?.^- CIVIL ACTION - LAW COMPLAINT 1. Plaintiff Manufacturers and Traders Trust Company is a New York banking corporation, whose address is 213 Market Street, Harrisburg, Pennsylvania 17101. 2. Defendant Matthew Moffett is an adult individual, whose address is 640 Doghouse Road, Mechanicsburg, Pennsylvania 17070. 3. On or about March 28, 2005, Defendant executed a Guaranty (the "Guaranty") for Surf Pools Acquisition Corp. A true and correct copy of the Guaranty is attached hereto, made a part hereof and marked Exhibit "A". 4. Despite Plaintiffs demands, Defendant has failed and refused to satisfy his obligations for and on account of the Guaranty. WHEREFORE, Plaintiff demands judgment against Defendant in the sum of $21,715.96, together with interest as may hereafter accrue from and after May 23, 2008, and costs of suit. KEEFER WOOD ALLEN & RAHAL, LLP Date: May 23, 2008 By: Eugene E. epinsky, Jr. Attorney I.D. #23702 210 Walnut Street P.O. Box 11963 Harrisburg, PA 17108-1963 (717) 255-8051 Attorneys for Plaintiff VV ?V Vv 1V•I?nln II\VI/1 n9Y1 pl ..VVY nl lpll V 1\YIIYI 111 LVVVVVV 1"I 1V 1'•VVOl VIIO f-Y10 KEEPER Wow ALLEN 8, RAHAL, LLP 210 WALNUT STREET PO BOX 11963 HARRISBURG. PA 17106.1983 VERIFICATION The undersigned Walter Leader, hereby verifies and states that: 1. He is Banking Officer of Manufacturers and Traders Trust Company; 2. He is authorized to make this Verification on behalf of Plaintiff; 3. The facts set forth in the foregoing Complaint are true and correct to the best of his knowledge, information and belief; and 4. He is aware that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904. relating to unswom falsification to authorities. Walter Lead r Dated: May 13 12008 © M&T Bank Manufacturers and Trader; Trust Company, P.O. Box 220, Carlisle, PA 1701$ SURF POOLS ACQUISITION CORP ("Applicant") April 4, 2005 100 Old York Rd NEW CUMBERLAND, PA 17070 Dear Applicant: Congratulations! We are pleased to inform you that your loan application has been approved i'or a Business Access Lino of Credit under the SBAExpress Program, as follows: ' Amount: $25,000.00 law. rest Rate: Prime +2.50% Repayrnent: on detnand; absent demand, monthly payments as per statemeuls Maturity Date: five (5) years from the date of acceptance; at which time the credit expires and all debt is due and payable In addition to the basic lerras outlined above, enclosed is the Business Access Line of Credit Agreement (CRB-058 (12/04)) ("Agreement" ), which further describes the standard terms and conditions for your credit facility. Please read the Agreement carefully. Additionally, in, connection with the SBA Express ProgrlIn, the U.S. Small Business Administration requires you to (a) pay an S13A fce in the amount of $250.00 (whioh, upon your acceptance of this offer, will be automatically deducted from the checking account listed below. in accordance witb the ierms of the Agreement), and (b) complete ncc SBA )Form 1919 and SBA Supplemental Ccrtificatte(s) (collectively, the "SBA Forms' Plcase indicate your acceptance of this offer and all the terms and conditions contained in. the Agreetent by (i) signing below on behalf of the Applicant, and (ii) (returning the original counter-signed )ether (along with the completed SBA Forms) to me at the address noted above. Phis offer shall rerna in open to the Applicant for 14 days from the date of this letter, at which time, if you have not accepted the offer (by signing and returning this letter and the completed SBA Forms, as described above), this offer shall be deemed withdrawn and this letter she)) serve as notice that the Applicant's original credit'application has been denied. If you have any questions, please call me at the number listed above, prior to your acceptance or the termination of this offer. rte' Fred Wall; Manager By signing below on behairat the Application. Applicant acknowledgca that it has read and understands and hereby agrees to be bound by the terms and conditions of the Agreemont. and for value teed ved, and intending to be ltgatty bound, Applicant promises to pay to the order orManuracturers and Traders Trust Comparty ("Bank") all amounts due and owing from time to rime pursuant to the terms outlined aornye and ar Contained in the Agrtoement, Applicant understands that acceptance of the flank's odor is not complete until this letter (prvperiy counter-signcd below) and the campicled SOA Potnts an delivered to thu Bunk as described above. SURF POOLS ACQUISITION COI 13y.?v Nome: I¢9 Gtr j 1? ,' Title: D Date: ?_-w...?.-------- Auto Deduct Account Number: bOWTLtiti Rztc 4c Nj mM -. CLB .10791AMOM M.M&TBazik Busismss TrxPxESS CREDrr ArrLTcmm i PLEASE PRINTDR TYPE: (For credit applications of $100,000 and less) Alf fields .are -REQUIRED. Leave no blanks- use "N/A".or'"None" la!- J U, GUt;J 1 G 1Grlr1 ED! 3 ; OPL LLuhL ?LI . v, 33;3 r, 2 Pleaso provide details on an attached sheet N you answer "yes" to any of the following questions, yes 1, Is the Applicant or any proposed Guarantor a parry to any lawsuit or subject to outstAnding judgments? --, 2. Has the Applicant ever declared bankruptcy? Chapter _ Date of Filing 3. Are any of the Applicant's or proposed Guarantors' taxes past due? Ambunl $ Owad to A. Are any of the Appitoanrs or proposed Guarantor's credit obligations past due? S. Have any of the Proposed Guarantors ever filed bankruptcy or served as an officer in a company that declared bankruptcy? 6. Are any of the proposed Guarantors presently under indictment, on probation or parole, or ever been charged at convicted for any criminal offense other than a minor motor vehiclo violation? Credli Repon Aathorltatioh, I (each Principal and/or Guarantor signing below) authorize Manufacturers and TradameTrust Company ("Bank" or "you) and its efflllates to request and review all data you deem appropriate about the Applicant and me (each such Principal and/or Guarantor), including credit reports liom agencles, now and for all future reviews, etrtansion8, Of fertewal5 01 credit eiftended to the Applicant, or for collection of loans, Upon request you will fell me it a credit repon was requested, and it so, the name and address of the credit reporting agency furnishing the credit report. To request the information, I must write to M&T Bank, BUSInass Banking Center, P.O, Box 767, Buffalo, NY 14240-0767, or call 1.800.724.2346. PLra "011111 Repreftenmfllona. By signing below, Applicant and eaen Principal and/of Guarantor (1) cenifiea that all information provided Is complete, true and cot rest; (II) understands that the Bank and its aHlllates may rely upon this information from lima to time in extending credit to Applicant and any Principal and/or Guarantor, and may continue to so rely until the Bank is mortified in writing of any material adverre change In such information or is provided with row financial statements: and (Iii) agrees Ic promptly notify the Bank In writing as to any materiel adverse change (financial condition or otherrlsa) to Appli6ant or any principal and/or Guarantor. The Bank rocaves the right to request additional financial information, as needed, in evaluaring thia Application. Promise to PRY. Should this Applloat)on be approved, in wnolh or in part, Applicant agrees to be bound by all terns and conditions of the loan tagroemen( and any other documenTS (collectively, the 'Loan Agreement') governing the use of the particular loan facility for which the Applicant has been approved, If any, which Loan Agreement will be sent to Applicant upon approval (which approval maybe for a tower dollar arnount than the amount requested byApplicanl). For value roceived. and intending to be legally bound, Applicant promises to pay to the order of the Hank, under the termtr of the Loan Agreement, all amounts due and owing from time to time, as more particularly described therein (collectively, the "Indebtedness"). Guaranty, By signing below, IN MY INDIVIDUAL CAPACITY, I HEREBY GUARANTY, absolutely, irrevocably and unconditionally, jointly and severally, the prompl and full Payment and penormanos when due, by acceleration or otherwise, of the Indebtedness, whether now existing or hereafter incurred. I under- slang the( this is a guaranty of payment, hot collection, and The Bane need not eXheuat its remedies against any other obligor or guarantor or resorl to or mar- seal collateral before enforcing this guaranty. i waive each and every notice and defense which might otherwise be raised against enforcement of this Guaranty, Including without limltatlon, the followihg t resentment, demand, protest, notice of protest and notice of non () p Payment; , notice of the trams of the Loan Agreement, any emendmentc thereto, including any Increase in the indebtedness or obligations Incurred by Appllcanl pursuant to any amendment thereto; (li+) notice of any changer. In the Applicant's condition (financial or otherwise); (iv) any defense of Applicant or any other Guarantor (including lack of nulhorization); or (v) any defense based on the Bank having released any third party from its obligations (in whole or in part) with respect to the indablednew or otherwise, I understand that this is a continuing pueranry, enforceable until all Indebtedness has been irrevocably paid In full and the loan Agreernem has peen terml- neted by the Bank, unless find until The Bank receives written notice from me, terminating my future liability hereunder, In which event I understand that I shall romaih liable under (hle Guaranty for any and all indebtedness inour?ad prior to the time the Bank receives such notice, including the amount of any undrawn revolving credit line or commitment to lend, whether or not eondNional. I further understand that I am liable, jointly And severally, for all costs Shd expenses (including atlorneys' leas) inoUrreo by the Bank In enforcing this Guaranty. with respect to any amounts owed by me hereunder, I authorize the Bank to offset againbl all deposua or other propany of mine now or at any time hereafter held by the Bank or any of Its affiliates, in an e' by the intemal laws of the State of New York, I agree to be bound by the applicable provisions in the Loan Agreement relating to venue and waiveerls povemed 01 jury trial. Each person signing befpw (211 Prlnclpels and Guarantors must sign, so use additional shoats as behalf of the Applioanl in the capacity no Indicated next to the hia/her name, And thereby bind the Applicant, anti (if) he/she dohs to individually as a Guarantor. Each signor agrees to be bound by the Guaranty and all other terms and conditions stated above Find in the li a t, a Loan 6 that (I) he/she is authorized to do so on Prino,paf and/or Guarantor) EXPRESSLY PERMIT M&T BAN (NPpp K TO SHARE WITH ITS AFFILIATES ANY AND AL O MY PERSONAL IFINANILIAWO MATION OBTAiNeo IN CONNECT)ON WITH THIS TRANSACTION, INCLUDING ANY INDIVIDUAL CONSUMER CREDIT REPORT OBTAINED NOW OA IN THE FUTURE, I UNDERSTAND THAT I AM NOT REOUIRED TO AUTHORIZE THE SHARING OF SUCH INFORMATION IN ORDER TO HAVE THIS APPLICATION PROCESSED, Pr incipal No. 1, as Aulhoilzeo Representative (as indicated by True) of the Applicant, and inolvidually as GUARANTOR: X 00, 1LJ A horn/c Slgngture Print Neme Principal No. 2, es Authorized Repreaenwove (as Indlcaled by Title of the rule ) Applicant, and individually as GUARANTOR: X ^uthaizo 7 SipnnNrp Prim Name -... itlre USA PATRIGT Act - Requiroo Customer Notlflcatlon, To help government fight the funding of terrorlapm and money laundering activilles, federal requires all financial inalilutionp to obtain, verily, and record information teal identifies all acCOUnI is being established, we will ask for certain information, including name, addr ss, lawe identification nlumbber, date oPah of an binn (for account. individual Accordingly, customers) an other inforrnetlon that will allow us to iaenlily our customer. We may also salt for aimllr ids orr over the amount. We may also ask to be miMn9 Information is prod Individuals writ authority or control provided with 4ocumematlon to verity rite Identifying information roar is provided. Notwithstanding any provision to the contrary above, I do not authorize The Bank to ,mare my personal financial information with its affiliates, other Inan information the Bank may share as otherwise proAded by law. R `T9M7 ... n,NC»,,.e.? •..n T•sr(e,o T- r:n..,...?„ F == l ..-_- 12Y J ?p ^a 6 r-r CO SHERIFF'S RETURN - REGULAR CASE NO: 2008-03293 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MAUFACTURERES AND TRADERS TRUS VS MOFFETT MOTTHEW W MARK CONKLIN , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon MOFFETT MATTHEW W DEFENDANT , at 0019:25 HOURS, on the 5th day of June at 640 DOGHOUSE ROAD MECHANICSBURG, PA 17050 by handing to MATTHEW MOFFETT DEFENDANT the 2008 a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge Postage i.I131 Of 18.00 8.00 .00 10.00 .42 36.42 Sworn and Subscibed to before me this day So Answers: R. Thomas Kline 06/06/2008 KEEFER WOOD ALLEN RAHAL By: Dep y Sheriff of A. D. (David X11. Bueff Prothonotary KirkS. Sohonage, ESQ Solicitor /K 0 knee X Simpson 1ST Deputy prothonotary zj l Irene E. Worrow 2nd Deputy Prothonotary Office of the Prothonotary Cumberfand County, (Pennsylvania 6A-3z2g3 CIVILTERM ORDER OF TERMINATION OF COURT CASES AND NOW THIS 25TH DAY OF OCTOBER, 2011, AFTER MAILING NOTICE OF INTENTION TO PROCEED AND RECEIVING NO RESPONSE -THE ABOVE CASE IS HEREBY TERMINATED WITH PREJUDICE IN ACCORDANCE WITH PA R.C.P 230.2 BY THE COURT, DAVID D. BUELL PROTHONOTARY One Courthouse Square • Suite 100 • CarCsle, P,4 17013 • (717 240-6195 • fax (717 240-6573