HomeMy WebLinkAbout04-0942 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
PNC BANK, NATIONAL ASSOCIATION,
Plaintiff,
vs. NO. (~-
GEORGE A. MONTEMAYOR,
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 2/13/04
Late Charges
Attorney's Commission
Total
$8,265.19
$ 321.46
$ 244.64
$ 883.12
$9,714.41
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.
GEORGE A. MONTEMAYOR,
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 #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.
GEORGE A. MONTEMAYOR,
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. Defendant is George A. Montemayor, whose last known address is 1008
Chippenham Road, Mechanicsburg, PA 17050.
3. Defendant, on April 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 Big Dog Auto Sales Inc., dated April 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 $20,783.06 together with interest thereon in the manner provided by the Note.
6.
Defendant.
There has been no assignment of the Guaranty.
Judgment has not been entered on the Guaranty 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 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
Interest through 2/13/04
Late Charges
Attorney's Commission
Total
$8,265.19
$ 321.46
$ 244.64
$ 883.12
$9,714.41
12. Under the terms of the Guaranty, 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
George A. Montemayor, as authorized in the Warrant of Attorney contained in the Guaranty, in the
sum of $9,714.41 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.
GEORGE A. MONTEMAYOR,
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:
1008 Chippenham Road
Mechanicsburg, PA 17050
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 methis ~-*' day
of m~0~oa~-to-~ ~ , 2004.
Notary Public
BANK_FIN:217585-1 012286-006670
~;' · COMMERCIAL GUARANTY ":
~1 I. Loan Dale [ Maturity I Loan No ~ Ceil I Cotlelerll I Aaeount "I Oflloer
1:":" · ' I I " I I t L76 I 0063a121TN' I 06603
/ Refeanc~ bi ihe ahade~d lumt ere for Lende('a use or,~/and do nba atoll lbo a~fJilClbilay of ibis documenl to any pafll~uf&' Ieee M Ilea, 1
· ' go.ower: BIODOQAUTOeN.EGINC (TIN: aI-IT~?~) Lender: PNCBANK, NATIQN/,LAS~)ClATiON
107'J HJU~RI~IJRO PINE 424a CAflLI~t.E PIKE
CAP.~ICJ E~ Pk 17013 CAMP HILL, PA I?o01-Lq?4
Ouaren~r: OEO#GE k. MONTEMAYO~
-- 10~4 CHIPpENHAM ROAD
.r -- [~1 MECHANICSeU~O, PA 170SS
AIVlOU~ OF GUARANTY. The amount of Ihla QuMenty Il Unlimited,
CONTII~IUlNra UM. IMITEO GUARANTY. For ~ 4uld valuable conMderallon, OEOROE A. MONTEMAYOR ('Gu~entof') MSlGIUlely end
uncondll.lonllty guManleel end promlMie Io pay Io PNC DANK, NATION)~ ASSOCIATION ('l.ender') or itl order. In leo41 lander of the United
et~tel bi America, the IndebiKInaic) (il (~111 lerm la deflne~ below) of GlO DOD AUTO SKI. ED INC ("BMrOWef") lo Lender mt the tectal
co~(~tJ(~tl Mil forth In thai OUkMtIy. Un(M~* IbiI Oukenty, the liability Gl Ouatenl04' II unlimited end the OMIglI]Mtl Of Ouli'mtluf
DEFINITIONS. The Ioeow~g w~ds aha1 have Ihe fo~r,Q meanings when used in INs Oulranly:
Borrower. The wo~d '~mt ewer' menns BIO DOG AUTO S.N.E S INC.
O~entOC. The wc~d 'Gua;anlo~ meat4 GEORGE A. MONIEMAYOfl.
O~enty. The wocd '~Uifll I~ IT~4hl FIS Ih~S Gu~'4nty fl~e by OtLlttnim' f~ Ihe benef. I of LeftdM daled Apl~l 7, 9000.
~ .~_lk~*. ~et)~s, and ~ndeble,lnasa th Linde(, now existing or he~e~nane,, bicu. ed ~x ~e~tKI. Inclu~eg, wilhoM Imitlgmt. ill Ioen~. advances.
md~v~uagy ~ ~o~nhy w~lh babel, Of IvImarily O~ secmtcla,gy, O~ es g,.MIranlM o( su~ety~, whethM ~ecoYe'y en lite Ifl~ebtodres$ may he M may
NATIJRE OF OUARMdTY, Ou,luinim's #abikfy IJO(W INS OuilanF/Ihall be o~.en and centare)GUS Iof ID.lOng al ~ OuIflnty remain! in fMCO,
MIIATION OF OLIARANTY. Th~ Ouaienty wi lake artec1 when fKehld by Llndm V~lhOUl the eecessity Mlny icenptmtce by LenG"~Z Of
': Il) ~WlnlOf Of 10 901IOWM, and w!41 coAtln~lt iff ful /Q~Ce 1mU il fndoblednlss IKUf~lO Qf CenblCItCI beFO_~_l rer, bip{ bY LlndM
lad withoul tlmilallon, the Wm 'MW Inde~ladne$1' dole nM Include indebtedness which ii Ihe W M nQ~CI M fevocMIQn I~ cenlinoeM, Wle<i,
the Immtnl o! Indablcelnels. even to Nfo dollafl (10.00), ~ lc) wdilen tevocc)llon o! thJI OuiMIIly:by 6uuentM Ihali nM co~liMa a
· ~uienlend IndabtKthlla rlmMnl aflpMd Mid even though h Indabtndnal~ gt)Menlend mW b'om lime to liml ~e zero clothing
demln(I end wltho~l lelMinlno OuMInlM'a llibiOly un(Set INv Ou~enty, from lime to lime: (I) Floc to= fevocMIofl # MI toflh ei~ve, to mike
Imymlnl M other fermi of the IndeblWess or in,/pul of the thdeble~neM, Inclndlrlo~nc~eelle ind dK!eaHI M the file Gl Mte~eSI on the
In(llbledneMi~ ixlmt IJOAi mW be rlpefN ~ ~ ~ 1(34' IQIl~ef thmt me oclglnM,?~?_ t~lm,~ 01)lc) lake ~ hold NCUllty f0C
thll Ouatmtly or the In(lebfndflia. I, Mid exche~Oe, info~ce waive subordinate Ill o~ d~clde eel to perfect and rllen# eny each wur .1~.,
EXHIBIT
'04.O7-2000 COMMERCIAL GUARANTY
~ , ., Loan Ho (Continued) :
Page
CONFESSION OF .RJOGMEN?, GUA.RAHTOfl HEREBY iRREVOCABLY AUIHORIZ'ES AND EMPOWERS ANY AI'TOflNEy C~ THE
P~OI~*,IC)NOTARY ON Ct. ERK OF ~ COURT iN THE COMMONWF-~i. TH OF FENNSYI.VANJA. O~ ELSEWHERE, TO APPF. AR AT ANY TIME FOR
GUARANTOR AF'I~R A DEFAULT UNDER *~41S GUARANTY, AND WITH Oft WIIHOUT COMIR.AII~' FILED, A~i~F ANY TERM CONFEGS OR
ENTER JUOG~,IENI' AGAJNST GUA~ANTOfl FOR T',HG ENTIRE PRINCIPAL BALANCE OF THIS QUN1ANTy, ALL ACCRUED INTEREST, LATE
IN THE ~ECTK)N TlR.ED 'DURATION OF GUARANTY.' NO FORMAL ACCEPTANCE BY LENDER IS NECESSARY TO MA~' THIB GUARANTY
EFFECTIVE. IHII GUARANTY IS DATED APRIL ?, 2GQO,
THIS GUARANTY HAS BEEN SIGHED AND SEALED GY THE UNDERIIGN£D. ~ ~
o4.-o?-~o00 COMMERCIAL GUARANTY ' Page 4
INDIVIDUAL ACKNOWLEDGMENT
COUNTY OF.
NOTE '~'~:
PROMISSORY
, Principal I Loan Dele ~ Maturity Loan Ne Cell Collateral
,' · $2Q,763.00 ; I 04-07-2000_J~4-22-~$ I I I L70 I _008360267N
R_e~encet In the shaG~d area ifa tM Lend~ I u~e e~y end do nol ~n~l Ih~ eppl;ca~,ly M Ihl~ documen4 Io any pndiGu~ Inan c~ li~n, I
Borrower: BiO DO0 AUTO B~LEa INC (TIN: aS-17~704) Lender: PNG BANK~#ATIONN. ASSOClATK)N
IO73 iu~rilSGU~(] PiKE 4~4a CAR~IS~.E
CARLISLE, PA 17013 CAMP HILL, PA 17001-4&74
Prlnc~al Amount: $20,79:3.06 Inlereal Rata: 10.000% Dale of Nole: ~.p. rll 7, 2000
PROM~ TO PAY. BIO 04)0 AUTO 0At. ES INC ('l)orrowe~') p~omltmB iD ply Io PHC G~HK, NA?IC)HJKt. ASSOCIATION ('Lender h or order, In
,wl'ul money o! the United SIelel ol Amellc~ Ihe principal &'~ounl o! Twenty Thou~nd Slven Hundred El~hly Three · 06/100 Dohe~l
($20,71~04~, Io~lbet With Inllreal wi 1be rite of 10.oo01G per annum On the Unpaid pdflc pM bi &nee free1 the dele fundl Ire edvaglC:ed, until
PAYMF.~. Bo(rower will ply thin iOi/T th iD peymenta o! $444.01 each payment., Borfowlr'e fiat peymant II diJI MIy ~, 2000, I~d kal
~lUbk]ql~nl iMyrnanl= era due on the &gna day el elch anal1 nher thai. AGrrowi~ · fined plymenl will be due on April
cont~ina~ in this NQ~e Ct any i~eom~nl ~elatod I0 lids No'eD et in any elhM a~'o~menl (x Inan B~tOWM' his Y~lh
fllOH[ OF SETOFF. BC~mwM gtenit Io LeoG~ · con~lclnal socuhly InlMasI In, lad hmeby as~on~, con~, deivw~ pledOes, and bentfet Io
LendM I1 Botrowe('$ ntohl, flee and InIMe$! In and lo. Bonoww~ ICCounls wilh Lance (whethM Checking, S~v~OS. (x some MhM accounl~ inrJudino
I~MZdl and pMgOd'm ~)~O%0~y dlte-Mr~lIJv~ ~Jf~cl~ons Inv(3~','lng al&lOS pdM lo and eflM OoctnqbM 31, 1999 ~ 'Year 21GQ0 Problem'), The Veer
[~)00 ~ro~#m Wi IK]~ fesuq, lad it flo~ reasonably exKled lo result, in any mala~tal IClVmSa effocl o(1 Ihe brit. p~o~lJes, If. eLs, finifl(lal
f(Y anf len~h ol 1i~) that i04n, 0f rdelSe Iffy pi/ly of guarlfllM O~ coILsl~'al; M Impl~ kl~o rellim ~pon M pwLscltende/'t socu~ay IntMeSI
CONFESSION OF JUDGMENT. DORROW£R I~REOY IRFIE¥OCAOLY ~UTlt(:~'I)~S A/4~ EMPOY~/'IS
EXPENDED OR ADVANCED BY LENOE;I RELATING TO ANY COI.LAIERAJ. SECURING THiS NOTE T~GE'~HER WiTH INTERE$;! ON Sucfl
EXHIBIT
04-0?-2000 PROMISSORY NOTE P"6e 2 *
Loan No (Continued)
BAt. A/'~.~ ANO ACC:RUED INTERES1 FC~-~ COlLECt'ION, SU~ IH ANY EVENT NOT LE,cis TIIAN FIVE HUNOI~O DO~.LA~S I$~0) O~l WIIICH
JUOGMENT Off JUOGMENrS ONE OR MO~E EXECUTK)NS MAY I$SU~ IUI~EDIATEL¥; Al%T} FOR SO OO*l~, THiS NOTE OR A COPY OF
NOTE ~ERIFIED DY AFFIDAVIT SHALL SE SUFFICIENT WA,qRANT. TiE AUTHORIT~t* GRA/~qED IN THIS NOTE TO CON'ESS J~X~MENT
A(~AIN~I' ~JORROWER ~4,M.L NOT DE EXHAUSTED BY ANY EXERCISE OF THAT AUTHO~4II~', (JU! SHKL~ (~)N'TINUE FRO~a TIME TO TIME ANO
AT ALL TIMES UNTIL p~',y~ENT IN FUI.L OF ALt. AMO(JNTS SUE UNOER Tills NOTE. SOfl~OWE. R t~[HESY WAIVES ANY fl~G~,T
MAy HAVE TO NOTICE O~ TO A HEAIRING IN COHI~ECTION WITH ANY SUCH CONFESSION OF JUO'TUENT, EXCEt"ri' At,"~ NOTICE ANOIOR
HEA.qlNO REOUIRED UNOER APPI. ICA~LE I~W ~,lTII RESI~CT TO EXECUTION OF Tile J~JO(JMEN~*, A.~iO STATES TI{AT EITt~ER A
REf~I'~E~NTATIVE OF LENE)JER SPECIVIC.KI. LY CA/LED THIS CONFESSION Of JUOGMIENT F'KIOVISI~ TO BOI'41~OWER'S A,~'E~'ION
BORROWER IIAS BEEN REPf~ESENTED BY IN'DE PENOE NT LEGAL COUNSEL.
PRIO~ TO elS#INS THla NOTE, BORnOWER READ AND UNDERSTOOD ALL THE PROVISIONS OF TH~ NOTE. BORROWER AGREES TO
THE TERMe OF THE HOTS ANO ACKNOWI. EDGES RECEIPT OF A COMP~.ETED COPY OF THE MOTE.
THIS HOlE iIA$ SEEN $10NED ANO SEALED BY THE UNDE. RSIGNED,
BORROWER:
BIO BO(] A~O BALES IgC
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 enfome 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(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.
GEORGE A. MONTEMAYOR,
Defendant.
No. (::~:~-~- C~/.{~,3..
TO: George A. Montemayor
1008 Chippenham Road
Mechanicsburg, PA 17050
NOTICE OF ENTRY OF JUDGMENT
Please take notice that on ~:~," J. ~ , 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 $9,714.41, plus costs.
Prothonotary, Cumberla ~
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:
~ Ry D'"'~a Ga~'~"way
Attorney Relations Man
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
PNC BANK, NATIONAL ASSOCIATION,
Plaintiff,
VS.
GEORGE A. MONTEMAYOR,
Defendant.
CIVIL DIVISION
No.
AFFIDAVIT OF NON-MILITARY
SERVICE
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 #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.
GEORGE A. MONTEMAYOR,
Defendant.
CIVIL DIVISION
NO.
Personally appeared before me, the undersigned authority, Damella Ganaway, who, being
duly swom according to law deposes and says that upon inquiry, and from her own personal
knowledge, she knows and avers that the Defendant, George A. Montemayor, in the above action
is not in any branch of the military service of the Unite(/(~t~s.( ~/
~a-~me~a Gan"'E~a~'
Attorney Relations Manager
Sworn and subscribed
' f "' ~-3~~°dm
ce ore me ~nls x...j aay
of '~:u~-~--~, 2004.
/ ~-~l~otary Public "~
My commission expires:
BANK_FIN:217924-1 000011-117790
NO.
iN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
PNC BANK, NATIONAL ASSOCIATION,
Plaintiff,
VS.
GEORGE A. MONTEMAYOR,
Defendant.
No. 04-94;! Civil Term
CERTIFICATE OF SERVICE
UNDER RULE 2958.1
Filed on B6~half 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 SANK, NATIONAL ASSOCIATION,
Plaintiff,
VS,
GEORGE A. MONTEMAYOR,
Defendant.
No. 04-942 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 Mam'h 15, 2004, by certified mail, at the
following address:
1008 Chippenham Road
Mechanicsburg, PA 17050
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:219777-1 000011-117790
TUCKER ARENSBERG
Attorneys
iN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
PNC BANK, NATIONAL ASSOCIATION,
VS,
Plaintiff,
No. 04-942 Civil Term
GEORGE A. MONTEMAYOR,
Defendant.
Notice Under Rule 2958.1
of Judgment and Execution Thereon
Notice of Defendant's Rights
To:
George A. Montemayor
1008 Chippenham Road
Mechanicsburg, PA 17050
A judgment in the amount of $9,714.41 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. 412.56~.1212 f. 412.594.5619 www.tuckerlaw, com
TUCKER ARENSBERG
Attorneys
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_FIN:219124-1 000011-117790
Tucker Arensberg, RC. 1500 One PPG Place Pittsburgh, PA 15222 p. 412.566.1212 f, 412.594.5619 www.tuckerlaw, com