HomeMy WebLinkAbout08-3904IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PENNSYLVANIA
UNITY BANK,
Plaintiff
V.
Confession of Judgment
No. 08 - vq ot u ,`,-?
TANISHA A. GRANDBERRY,
Defendant
TO: CLERK OF COURTS / PROTHONOTARY, CIVIL
CUMBERLAND COUNTY
WARRANT / CONFESSION OF JUDGMENT
Pursuant to the authority contained in the Unconditional Guarantee dated October 23,
2007, a true and correct copy of which is attached as Exhibit B to the Complaint filed in this
action, I appear for the Defendant -and confess judgment against her in the amount of amount of
$632,880.30, which includes interest to June 13, 2008, plus accruing interest from and including
June 14, 2008, at the rate stated in the Note:
Principal
Interest to 6/13/08
Late fees
Attorneys' fees (as per Note)
$ 603,083.83
$ 9,240.67
$ 555.80
$ 20,000.00
TOTAL
J
$ 632,880.30
Y BVTZ & SEITZ LLC
ey o. 37 26
We Win laza
7535 Windsor Drive, Suite 200
Allentown, PA 18195
(610) 530-2700
Appearing as attorneys for Defendants
on the confession
2W8W1Ws_=ty404 Wor1.DOC
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PENNSYLVANIA
UNITY BANK, )
Plaintiff ) Confession of Judgment
V. ) No. 09 -396
TANISHA A. GRANDBERRY, )
Defendant )
COMPLAINT IN CONFESSION OF JUDGMENT
e, .,- C-?
Plaintiff, Unity Bank, by and through its legal counsel Lesavoy Butz & Seitz LLC, states
the following complaint in confession of judgment:
1. Plaintiff, Unity Bank, is a bank chartered under the laws of New Jersey with an
address of 64 Old Highway 22, Clinton, New Jersey 08809.
2. Defendant Tanisha A. Grandberry is an adult individual whose last known address
is 323 40th Street, Copiague, NY 11726.
3. Defendant has direct or indirect interests in Turner's Personal Care Home, Inc.
("TPCH"), a Pennsylvania business corporation with an address of 404 Silver Spring Road,
Mechanicsburg, PA 17050.
4. Defendant also direct or indirect interests in 404 Silver Spring Road, LLC
("404 LLC"), a Pennsylvania limited liability company at with an address of 404 Silver Spring
Road, Mechanicsburg, PA 17050.
5. On or about October 23, TPCH and 404 LLC executed a Promissory Note for
$605,000 to document a loan from Plaintiff to finance the acquisition and operation of a personal
care home located at 404 Silver Spring Road, Mechanicsburg, PA (the "Note"). A true and
correct copy of the Note is attached hereto, made a part hereof, and marked as Exhibit A.
6. Defendant became an unlimited surety for the Note by executing an
Unconditional Guarantee dated October 23, 2007 (the "Surety Agreement"). A true and correct
copy of the Surety Agreement is attached hereto, made a part hereof and marked as Exhibit B.
7. TPCH and 404 LLC are in default of their obligations to Plaintiff under the Note
by reason of their failure to make required payments when due.
8. Paragraph 5(A) of the Note permits Plaintiff to accelerate the balance due under
the Note upon default, without notice or demand.
9. Paragraph 6 of the Surety sets forth extensive waivers of demand, presentment
and notice.
10. The Surety Agreement contains a confession of judgment clause which has not
yet been exercised and judgment thereon has not been entered in any jurisdiction.
11. The confession of judgment clause in the Surety Agreement provides that Plaintiff
is entitled to collect an attorneys' fee equal to ten percent of the unpaid principal balance and
accrued interest due under the Note.
12. The sum of $20,000.00, which is less than half of the 10% figure the Note and the
Surety Agreement authorize, is reasonable for attorney's fees and costs in enforcing Plaintiff's
rights and liquidating the collateral for Plaintiffs loan to TPCH and 404 LLC.
13. After credit for all partial payments made, the amount due to Plaintiff under the
Note and Surety Agreement is as follows, plus accruing interest:
Principal
Interest to 6/13/08
Late fees
Attorneys' fees (as per Note)
TOTAL
$ 603,083.83
$ 9,240.67
$ 555.80
$ 20,000.00
$ 632,880.30
* per diem = $159.15
14. At the time she executed the Surety Agreement, Defendant also signed a separate
Disclosure for Confession of Judgment to document the voluntary and knowing nature of
Defendant's agreement to the confession of judgment provisions in the Surety Agreement. A
true and correct copy of the Disclosure is attached hereto, made a part hereof and marked as
Exhibit C.
15. Plaintiff has not assigned its interests in the Note, the Surety Agreement, or the
obligation they secure.
16. Judgment is not being entered against a natural person in connection with a
consumer credit transaction.
WHEREFORE, Plaintiff demands the entry of judgment against Defendants, jointly and
severally, in the amount of $632,880.30, which includes interest to June 13, 2008, plus
(A) accruing interest from and including June 14, 2008, at the rate stated in the Note, (B) costs,
and (C) such other relief as the Court deems just.
LESAVOY BUTZ & SEITZ LLC
No.
735 Windsor Drive, Suite 200
Allentown, PA 18195
(610) 530-2700
VERIFICATION
I, Michelle S. Kirmser, hereby state and verify that I am a Vice President of the plaintiff
organization and that I am authorized to make this verification on behalf of said organization;
and that the facts set forth in the foregoing Complaint are true and correct to the best of my
knowledge, information and belief.
I understand that false statements herein are made subject to the penalties of 18 Pa.S.C.
§4904 relating to unworn falsification to authorities.
Date: 2008
Ii P
Michelle S. Kirmser, V. .
,,f5, , ? , t i ?-
nri ? d °sos I®431?A?3a
S3183S 00006
uS. small Busineu Administration
U.S. Small Business Administration
0 gin NOTE
2.
PROMISE TO PAY:
In return for the Loan, Borrower promises to pay to the order of Lender the amount of Six Hundred Five Thousand Dollars,
interest on the unpaid principal balance, and all other amounts required by this Note.
DEFINITIONS:
"Load" means the loan evidenced by this Note.
"Loan Documents" means the documents related to this loan signed by Borrower, any Guarantor, or anyone who pledges
collateral.
"SBA" means the Small Business Administration, an Agency of the United States of America.
"Collateral" means any property taken as security for payment of this Note or any guarantee of this Note.
"Guarantor" means each person or entity that signs a guarantee of payment of this Note.
SBA Form 147 (0&03/02) Version 4.1
Page 1/6
PAYMENT TERMS:
Borrower must make all payments at the place Lender designates. The payment terms for this Note are:
The initial interest rate is 9.50% per year for 5 years. This initial rate is the prime rate on the date SBA received the loan
application, plus 1.25%. The interest rate will then fluctuate as described below. The initial interest rate must remain in
effect until the first change period begins.
Borrower must pay one payment of interest only on the disbursed principal balance one month from the month this Note is
dated; payment must be made on the first calendar day in the month it is due.
Borrower must pay principal and interest payments of $5,558.00 every month, beginning two months from the month this
Note is dated; payments must be made on the first calendar day in the months they are due.
Lender will apply each installment payment first to pay interest accrued to the day Lender receives the payment, then to bring
principal current, then to pay any late fees, and will apply any remaining balance to reduce principal.
The interest rate will be adjusted every calendar quarter. (the "change period").
The "Prime Rate" is the prime rate in effect on the first business day of the month in which an interest rate change occurs, as
published in the Wall Street Journal on the next business day.
The adjusted interest rate will be 1.25% above the Prime Rate. Lender will adjust the interest rate on the first calendar day of
each change period. The change in interest rate is effective on that day whether or not Lender gives Borrower notice of the
change.
Lender must adjust the payment amount at least annually as needed to amortize principal over the remaining term of the note.
If SBA purchases the guaranteed portion of the unpaid principal balance, the interest rate becomes fixed at the rate in effect at
the time of the earliest uncured payment default. If there is no uncured payment default, the rate becomes fixed at the rate in
effect at the time of purchase.
Loan Prepayment:
Notwithstanding any provision in this Note to the contrary:
Borrower may prepay this Note. Borrower may prepay 20% or less of the unpaid principal balance at any time without
notice. If Borrower prepays more than 20% and the Loan has been sold on the secondary market, Borrower must:
a. Give Lender written notice;
b. Pay all accrued interest; and
c. If the prepayment is received less than 21 days from the date Lender receives the notice, pay an amount equal to 21
days' interest from the date lender receives the notice, less any interest accrued during the 21 days and paid under
subparagraph b., above.
If Borrower does not prepay within 30 days from the date Lender receives the notice, Borrower must give Lender a new
notice.
Additional payment charges apply. When in any one of the first three years from the date of initial disbursement Borrower
voluntarily prepays more than 25% of the outstanding principal balance of the loan, Borrower must pay to Lender on behalf
of SBA a prepayment fee for that year as follows:
a. During the first year after the date on which the loan is first disbursed, 5% of the total prepayment amount;
b. During the second year after the date on which the loan is first disbursed, 3% of the total prepayment amount; and,
c. During the third year after the date on which the loan is first disbursed, I% of the total prepayment amount.
All remaining principal and accrued interest is due and payable 21 years from date of Note
SBA Form 147 (06103/02) Version 4.1
Page 2/6
Late Charge: If a payment on this Note is more than 10 days late, Lender may charge Borrower a late fee of up to 5.00% of
the unpaid portion of the regularly scheduled payment.
4. DEFAULT:
Borrower is in default under this Note if Borrower does not make a payment when due under this Note, or if Borrower or
Operating Company:
A. Fails to do anything required by this Note and other Loan Documents;
B. Defaults on any other loan with Lender;
C. Does not preserve, or account to Lender's satisfaction for, any of the Collateral or its proceeds;
D. Does not disclose, or anyone acting on their behalf does not disclose, any material fact to Lender or SBA;
E. Makes, or anyone acting on their behalf makes, a materially false or misleading representation to Lender or SBA;
F. Defaults on any loan or agreement with another creditor, if Lender believes the default may materially affect
Borrower's ability to pay this Note;
G. Fails to pay any taxes when due;
H. Becomes the subject of a proceeding under any bankruptcy or insolvency law;
I. Has a receiver or liquidator appointed for any part of their business or property;
J. Makes an assignment for the benefit of creditors;
K. Has any adverse change in financial condition or business operation that Lender believes may materially affect
Borrower's ability to pay this Note;
L. Reorganizes, merges, consolidates, or otherwise changes ownership or business structure without Lender's prior
written consent; or
M. Becomes the subject of a civil or criminal action that Lender believes may materially affect Borrower's ability to pay
this Note.
5. LENDER'S RIGHTS IF THERE IS A DEFAULT:
Without notice or demand and without giving up any of its rights, Lender may:
A. Require immediate payment of all amounts owing under this Note;
B. Collect all amounts owing from any Borrower or Guarantor;
C. File suit and obtain judgment;
D. Take possession of any Collateral; or
E. Sell, lease, or otherwise dispose of, any Collateral at public or private sale, with or without advertisement.
6. LENDER'S GENERAL POWERS:
Without notice and without Borrower's consent, Lender may:
A. Bid on or buy the Collateral at its sale or the sale of another lienholder, at any price it chooses;
B. Incur expenses to collect amounts due under this Note, enforce the temps of this Note or any other Loan Document,
and preserve or dispose of the Collateral. Among other things, the expenses may include payments for property
taxes, prior liens, insurance, appraisals, environmental remediation costs, and reasonable attorney's fees and costs. If
Lender incurs such expenses, it may demand immediate repayment from Borrower or add the expenses to the
SBA Form 147 (06/03/02) Version 4.1
Page 3/6
principal balance;
C. Release anyone obligated to pay this Note;
D. Compromise, release, renew, extend or substitute any of the Collateral; and
E. Take any action necessary to protect the Collateral or collect amounts owing on this Note.
WHEN FEDERAL LAW APPLIES:
When SBA is the holder, this Note will be interpreted and enforced under federal law, including SBA regulations. Lender or
SBA may use state or local procedures for filing papers, recording documents, giving notice, foreclosing liens, and other
purposes. By using such procedures, SBA does not waive any federal immunity from state or local control, penalty, tax, or
liability. As to this Note, Borrower may not claim or assert against SBA any local or state law to deny any obligation, defeat
any claim of SBA, or preempt federal law.
8. SUCCESSORS AND ASSIGNS:
Under this Note, Borrower and Operating Company include the successors of each, and Lender includes its successors and
assigns.
9. GENERAL PROVISIONS:
A. All individuals and entities signing this Note are jointly and severally liable.
B. Borrower waives all suretyship defenses.
C. Borrower must sign all documents necessary at any time to comply with the Loan Documents and to enable Lender
to acquire, perfect, or maintain Lender's liens on Collateral.
D. Lender may exercise any of its rights separately or together, as many times and in any order it chooses. Lender may
delay or forgo enforcing any of its rights without giving up any of them.
E. Borrower may not use an oral statement of Lender or SBA to contradict or alter the written terms of this Note.
F. If any part of this Note is unenforceable, all other parts remain in effect.
G. To the extent allowed by law, Borrower waives all demands and notices in connection with this Note, including
presentment, demand, protest, and notice of dishonor. Borrower also waives any defenses based upon any claim that
Lender did not obtain any guarantee; did not obtain, perfect, or maintain a lien upon Collateral; impaired Collateral;
or did not obtain the fair market value of Collateral at a sale.
SBA Form 147 (06103/02) Version 4.1
Page 4/6
10. STATE-SPECIFIC PROVISIONS:
CONFESSION OF JUDGMENT CLAUSE-THE UNDERSIGNED HEREBY AUTHORIZES AND
EMPOWERS ANY ATTORNEY OR CLERK OF ANY COURT OF RECORD IN THE UNITED
STATES OR ELSEWHERE TO APPEAR FOR AND, WITH OR WITHOUT DECLARATION FILED,
CONFESS JUDGMENT AGAINST THE UNDERSIGNED IN FAVOR OF THE HOLDER, ASSIGNEE
OR SUCCESSOR OF HOLDER OF THE NOTE, AT ANY TIME, FOR THE FULL OR TOTAL
AMOUNT OF THIS NOTE, TOGETHER WITH ALL INDEBTEDNESS PROVIDED FOR THEREIN,
WITH COSTS OF SUIT AND ATTORNEY'S COMMISSION OF TEN (10) PERCENT FOR THE
COLLECTION; AND THE UNDERSIGNED EXPRESSLY RELEASES ALL ERRORS, WAIVES ALL
STAY OF EXECUTION, RIGHTS OF INQUISITION AND EXTENSION UPON ANY LEVY UPON
REAL ESTATE AND ALL EXEMPTION OF PROPERTY FROM LEVY AND SALE UPON ANY
EXECUTION HEREON; AND THE UNDERSIGNED EXPRESSLY AGREES TO CONDEMNATION
AND EXPRESSLY RELINQUISHES ALL RIGHTS TO BENEFITS OR EXEMPTIONS UNDER ANY
AND ALL EXEMPTION LAWS NOW IN FORCE OR WHICH MAY HEREAFTER BE ENACTED.
SBA Form 147 (06/03/02) Version 4.1 Page 5/6
11. BORROWER'S NAME(S) AND SIGNATURE(S):
By signing below, each individual or entity becomes obligated under this Note as Borrower.
404 Silver Spring Road, LLC Turner' Perso I Care , /Inc. By: Habitat fo ; uture Building, LLC, Operating Manager By x tt?? ,? l
` Tanisha A. Grandberry, Presid Secretary
By; pa . , fn
anisha A. Gi6dberry, Manage
SBA Form 147 (06103/02) Version 4.1 Page 6/6
Borrower: 404 Silver Spring Road, LLC, and Turner's Personal Care Home, Inc.
Lender: Unity Bank
Date: 2 1-30_
DISCLOSURE FOR CONFESSION OF JUDGMENT
I/We have executed a Promissory Note (the "Note") in the original amount of $605,000.00 obligating
Borrow ay that amount.
Initi
e understand that the Note contains wording that would permit Unity Bank to enter judgment against
Borrower in Court, without advance notice to Borrower and without offering Borrower an opportunity to defend
against the entry of judgment, and that the judgment may be collected immediately by any legal means.
Initials:
In executing the Note, Borrower is knowingly, understandingly and voluntarily waiving its rights to
resist the entry of judgment against it at the courthouse, including any right to advance notice of the entry of, or
execution u on, said judgment, and Borrower is consenting to the confession of judgment.
Initia
I/We certify that Borrower's annual income exceeds $10,000.00; that the blanks in this disclosure were
filled in when Uwe initialed and signed; and that Uwe received a copy at the time of signing.
404 Silver Spring Road, LLC
By: Habitat for Future Building, LLC, Operating
Mana er
BY.
Turn 's Pe onal are Home, Inc.
B It
Tanisha Grandberry, resident/Secretary
Tanisha ?Grandberry, #riager
Signed, ac owledged and delivered in the presence of
Witness
cx?,?;f 8
m o d r oe SWUM
S3183S 00006 C
U.S. SbnaB Business Administration
U.S. Small Business Administration
UNCONDITIONAL GUARANTEE
SBA Loan # 29432960-09
SBA Loan Name Turner's Personal Care Home, Inc.
Guarantor Tanisha A. Grandberry
Borrower 404 Silver Spring Road, LLC, and Turner's Personal Care Home, Inc.
Lender Unity Bank
Date OCT 2 3 2007
Note Amount $605,000.00
GUARANTEE:
Guarantor unconditionally guarantees payment to Lender of all amounts owing under the Note. This Guarantee remains in
effect until the Note is paid in full. Guarantor must pay all amounts due under the Note when Lender makes written demand
upon Guarantor. Lender is not required to seek payment from any other source before demanding payment from Guarantor.
2. NOTE:
The "Note" is the promissory note dated O r T Z 3 2007 in the principal amount of Six Hundred Five Thousand Dollars
from Borrower to Lender. It includes any assumption, renewal, substitution, or replacement of the Note, and multiple notes
under a line of credit.
3. DEFINITIONS:
"Collateral" means any property taken as security for payment of the Note or any guarantee of the Note.
"Loan" means the loan evidenced by the Note.
"Loan Documents" means the documents related to the Loan signed by Borrower, Guarantor or any other guarantor, or
anyone who pledges Collateral.
"SBA" means the Small Business Administration, an Agency of the United States of America.
SBA Fonn 148 (10/98) Previous editions obsolete Page 1/5
4. LENDER'S GENERAL POWERS:
Lender may take any of the following actions at any time, without notice, without Guarantor's consent, and without making
demand upon Guarantor:
A. Modify the terms of the Note or any other Loan Document except to increase the amounts due under the Note;
B. Refrain from taking any action on the Note, the Collateral, or any guarantee;
C. Release any Borrower or any guarantor of the Note;
D. Compromise or settle with the Borrower or any guarantor of the Note;
E. Substitute or release any of the Collateral, whether or not Lender receives anything in return;
F. Foreclose upon or otherwise obtain, and dispose of, any Collateral at public or private sale, with or without
advertisement;
G. Bid or buy at any sale of Collateral by Lender or any other lienholder, at any price Lender chooses; and
H. Exercise any rights it has, including those in the Note and other Loan Documents.
These actions will not release or reduce the obligations of Guarantor or create any rights or claims against Lender.
5. FEDERAL LAW:
When SBA is the holder, the Note and this Guarantee will be construed and enforced under federal law, including SBA
regulations. Lender or SBA may use state or local procedures for filing papers, recording documents, giving notice,
foreclosing liens, and other purposes. By using such procedures, SBA does not waive any federal immunity from state or
local control, penalty, tax, or liability. As to this Guarantee, Guarantor may not claim or assert any local or state law against
SBA to deny any obligation, defeat any claim of SBA, or preempt federal law.
6. RIGHTS, NOTICES, AND DEFENSES THAT GUARANTOR WAIVES:
To the extent permitted by law,
A. Guarantor waives all rights to:
1) Require presentment, protest, or demand upon Borrower;
2) Redeem any Collateral before or after Lender disposes of it;
3) Have any disposition of Collateral advertised; and
4) Require a valuation of Collateral before or after Lender disposes of it.
B. Guarantor waives any notice of
1) Any default under the Note;
2) Presentment, dishonor, protest, or demand;
3) Execution of the Note;
4) Any action or inaction on the Note or Collateral, such as disbursements, payment, nonpayment,
acceleration, intent to accelerate, assignment, collection activity, and incurring enforcement expenses;
5) Any change in the financial condition or business operations of Borrower or any guarantor;
6) Any changes in the terms of the Note or other Loan Documents, except increases in the amounts due under
the Note; and
7) The time or place of any sale or other disposition of Collateral.
C. Guarantor waives defenses based upon any claim that:
1) Lender failed to obtain any guarantee;
2) Lender failed to obtain, perfect, or maintain a security interest in any property offered or taken as
Collateral;
3) Lender or others improperly valued or inspected the Collateral;
4) The Collateral changed in value, or was neglected, lost, destroyed, or underinsured;
SBA Form 148 (10/98) Previous editions obsolete Page 2/5
5) Lender impaired the Collateral;
6) Lender did not dispose of any of the Collateral;
7) Lender did not conduct a commercially reasonable sale;
8) Lender did not obtain the fair market value of the Collateral;
9) Lender did not make or perfect a claim upon the death or disability of Borrower or any guarantor of the
Note;
10) The financial condition of Borrower or any guarantor was overstated or has adversely changed;
11) Lender made errors or omissions in Loan Documents or administration of the Loan;
12) Lender did not seek payment from the Borrower, any other guarantors, or any Collateral before demanding
payment from Guarantor;
13) Lender impaired Guarantor's suretyship rights;
14) Lender modified the Note terms, other than to increase amounts due under the Note. If Lender modifies the
Note to increase the amounts due under the Note without Guarantor's consent, Guarantor will not be liable
for the increased amounts and related interest and expenses, but remains liable for all other amounts;
15) Borrower has avoided liability on the Note; or
16) Lender has taken an action allowed under the Note, this Guarantee, or other Loan Documents.
7. DUTIES AS TO COLLATERAL:
Guarantor will preserve the Collateral pledged by Guarantor to secure this Guarantee. Lender has no duty to preserve or
dispose of any Collateral.
8. SUCCESSORS AND ASSIGNS:
Under this Guarantee, Guarantor includes heirs and successors, and Lender includes its successors and assigns.
9. GENERAL PROVISIONS:
A. ENFORCEMENT EXPENSES. Guarantor promises to pay all expenses Lender incurs to enforce this Guarantee,
including, but not limited to, attorney's fees and costs.
B. SBA NOT A CO-GUARANTOR. Guarantor's liability will continue even if SBA pays Lender. SBA is not a co-
guarantor with Guarantor. Guarantor has no right of contribution from SBA.
C. SUBROGATION RIGHTS. Guarantor has no subrogation rights as to the Note or the Collateral until the Note is
paid in full.
D. JOINT AND SEVERAL LIABILITY. All individuals and entities signing as Guarantor are jointly and severally
liable.
E. DOCUMENT SIGNING. Guarantor must sign all documents necessary at any time to comply with the Loan
Documents and to enable Lender to acquire, perfect, or maintain Lender's liens on Collateral.
F. FINANCIAL STATEMENTS. Guarantor must give Lender financial statements as Lender requires.
G. LENDER'S RIGHTS CUMULATIVE, NOT WAIVED. Lender may exercise any of its rights separately or
together, as many times as it chooses. Lender may delay or forgo enforcing any of its rights without losing or
impairing any of them.
H. ORAL STATEMENTS NOT BINDING. Guarantor may not use an oral statement to contradict or alter the written
terms of the Note or this Guarantee, or to raise a defense to this Guarantee.
1. SEVERABILITY. If any part of this Guarantee is found to be unenforceable, all other parts will remain in effect.
J. CONSIDERATION. The consideration for this Guarantee is the Loan or any accommodation by Lender as to the
Loan.
SBA Form 148 (10/98) Previous editions obsolete Page 3/5
10. STATE-SPECIFIC PROVISIONS:
CONFESSION OF JUDGMENT CLAUSE-THE UNDERSIGNED HEREBY AUTHORIZES AND
EMPOWERS ANY ATTORNEY OR CLERK OF ANY COURT OF RECORD IN THE UNITED
STATES OR ELSEWHERE TO APPEAR FOR AND, WITH OR WITHOUT DECLARATION FILED,
CONFESS JUDGMENT AGAINST THE UNDERSIGNED IN FAVOR OF THE HOLDER, ASSIGNEE
OR SUCCESSOR OF HOLDER OF THE NOTE, AT ANY TIME, FOR THE FULL OR TOTAL
AMOUNT OF THIS NOTE, TOGETHER WITH ALL INDEBTEDNESS PROVIDED FOR THEREIN,
WITH COSTS OF SUIT AND ATTORNEY'S COMMISSION OF TEN (10) PERCENT FOR THE
COLLECTION; AND THE UNDERSIGNED EXPRESSLY RELEASES ALL ERRORS, WAIVES ALL
STAY OF EXECUTION, RIGHTS OF INQUISITION AND EXTENSION UPON ANY LEVY UPON
REAL ESTATE AND ALL EXEMPTION OF PROPERTY FROM LEVY AND SALE UPON ANY
EXECUTION HEREON; AND THE UNDERSIGNED EXPRESSLY AGREES TO CONDEMNATION
AND EXPRESSLY RELINQUISHES ALL RIGHTS TO BENEFITS OR EXEMPTIONS UNDER ANY
AND ALL EXEMPTION LAWS NOW IN FORCE OR WHICH MAY HEREAFTER BE ENACTED.
SBA Form 148 (10/98) Previous editions obsolete Page 4/5
11. GUARANTOR ACKNOWLEDGMENT OF TERMS:
Guarantor acknowledges that Guarantor has read and understands the significance of all terms of the Note and this Guarantee,
including all waivers.
12.
or entity becomes obligated as Guarantor under this Guarantee.
SBA Form 148 (10/98) Previous editions obsolete Page 5/5
GUARANTOR NAME(S) AND SIGNATURE(S):
Guarantor: Tanisha A. Grandberry
Lender: Unity Bank
Date: J! Q 3
DISCLOSURE FOR CONFESSION OF JUDGMENT
I have executed a guarantee (the "Guarantee") in the original amount of $605,000.00 obligating me to
repay th t.
Initi s:
4L
I understand that the Guarantee contains wording that would permit Unity Bank to enter judgment
against me in Court, without advance notice to me and without offering me an opportunity to defend against the
entry of ent, and that the judgment may be collected immediately by any legal means.
Initi s:
In executing the Guarantee, I am knowingly, understandingly and voluntarily waiving my rights to resist
the entry of judgment against me at the courthouse, including any right to advance notice of the entry of, or
execution n, said judgment, and I am consenting to the confession of judgment.
Initia
I certify that my annual income exceeds $10,000; that the blanks in this disclosure were filled in when I
initialed and signed it; and that I received a copy at the time/?f signing, ,I
Tanisha A. Grandberry,
Signed, ackno edged and delivered in the presence of:
Witness
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PENNSYLVANIA
UNITY BANK,
Plaintiff
V.
Confession of Judgment
No.
TURNER'S PERSONAL CARE HOME, INC.,
and 404 SILVER SPRING ROAD, LLC,
Defendants
AFFIDAVIT OF DEFAULT
Michelle S. Kirmser, being duly sworn according to law, hereby swears and deposes as
follows:
1. I am a Vice President of Unity Bank ("Unity"), with offices at 64 Old Highway
22, Clinton, New Jersey 08809.
2. I am one of the persons responsible for administering Unity's $605,000 loan to
Turner's Personal Care Home, Inc. (TPCH") and 404 Silver Spring Road, LLC ("404 LLC")
3. On or about October 23, 2007, TPCH and 404 LLC executed a Promissory Note
for $605,000 to document a loan from Plaintiff to finance their acquisition of a personal care
facility (the "Note"). A true and correct copy of the Note is attached to Plaintiff's Complaint as
Exhibit A.
4. Also on October 23, 2007, Defendant Tanisha A. Grandberry executed an
Unconditional Guarantee as collateral for the $605,000 loan to TPCH and 404 LLC (the "Surety
Agreement"). A true and correct copy of the Surety Agreement is attached to Plaintiff's
Complaint as Exhibit A.
M
5. TPCH and 404 LLC are in default of their obligations to Plaintiff under the Note
by reason of their failure to make required payments when due.
6. As a result of the foregoing default, all amounts under the Note and the Surety
Agreement are due and owing in full.
7. The Note and the Surety Agreement permit Plaintiff to collect attorneys' fees and
costs equal to 10% of the unpaid principal and accrued interest due under the Note.
8. After credit for all partial payments made, the amount due to Plaintiff under the
Note and Surety Agreement is as follows, plus accruing interest:
Principal $ 603,083.83
Interest to 6/13/08 $ 9,240.67
Late fees $ 555.80
Attorneys' fees (as per Note) $ 20,000.00
TOTAL $ 632,880.30
* per diem = $159.15
UNITY BANK
14
Sworn and s bscribed to before me
this day of tc 2008 Michelle S. Kirmser, Vice President
NOT Y PUBLIC
C7
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J, F1
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0
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PENNSYLVANIA
UNITY BANK,
Plaintiff
V.
Confession of Judgment
No.08 -.3901 eicj?C7iP-pn
TANISHA A. GRANDBERRY,
Defendant
NOTICE OF FILING JUDGMENT
(X) Notice is given that a judgment by confession in the above captioned matter has been
entered against you in the amount of $Aj? gW30pn 20_08.
(X) Copies of all documents filed with the Prothonotary/Clerk of Courts in support of the
within judgment is/are enclosed.
PROTHONOTARY/
Per:
If you have any questions concerning this judgment, please contact the following person:
Jack M. Seitz, Esquire
One Windsor Plaza
7535 Windsor Drive, Suite 200
Allentown, PA 18195
(610) 530-2700
(THIS NOTICE IS GIVEN IN ACCORDANCE WITH PA.R.C.P. 236)
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PENNSYLVANIA
UNITY BANK,
V.
Plaintiff
TANISHA A. GRANDBERRY,
Defendant
Confession of Judgment
No. O f3 -.3Q6y
NOTICE TO DEFENDANT PURSUANT TO 42 Pa.C.S. 2737.1
TO: Tanisha A. Grandberry
323 40`h Street
Copiague, NY 11726
Pursuant to 42 Pa.C.S. § 273 please take notice that the Plaintiff in this matter has
entered a judgment by confession against you in the amount of $632,880.30.
You are entitled to file a petition to "strike" or "open" the judgment. In order to do so,
you must promptly file a petition with the Court of Common Pleas of Cumberland County,
Pennsylvania, as required by Rule 2959 of the Pennsylvania Rules of Civil Procedure. You file a
petition by leaving it with the clerk of courts or Prothonotary at the courthouse in Carlisle, PA.
A petition is a formal statement of your reasons for challenging the judgment. You must
include the names of the parties at the top of the first page and the case number, which is shown
above. The petition must state your reasons for challenging the judgment in separate numbered
paragraphs. You have to sign the petition and include a sworn statement at the end of the
document verifying that the facts you state in the petition are true and accurate. You will waive
any defenses and objections not included in your petition to strike or open. You must therefore
make every effort to raise all possible issues and defenses in your petition to strike or open in
order to avoid waiving any claims.
If you elect to file a petition, it must meet the requirements of Rule 2959 of the Rules of
Civil Procedure. A full copy of Rule 2959, with explanatory comments, is attached to this
Notice. You may also have to comply with local rules of procedure in effect in the county where
the judgment was entered.
(Page 1 of 2)
If you do not file a petition challenging the judgment, the Plaintiff may take steps to
collect on the judgment by asking the Sheriff to seize your assets. Accordingly,
immediately seek the advice of attorney. If you wish to discuss the matter with an you should
attorney but
do not know how to find one, you may request a referral by contacting the following agency:
CUMBERLAND COUNTY BAR ASSOCIATION
32 SOUTH BEDFORD ST.
CARLISLE, PA 17013
(800) 990-9108
(717) 249-3166
You may receive other papers and notices regarding the judgment. Those other papers do
not negate or override this Notice. Likewise, this Notice is not intended to and does not negate
any of the notices or information obtained in other papers that may be served upon you.
We reiterate that you are required to act promptly if you wish to seek relief from the
judgment.
If you were incorrectly identified and the judgment was entered against you in error,
you may be entitled to collect costs and reasonable attorney's fees as determined by the Court.
Y NUTZ & SEITZ LLC
M.
)ne Wi sor P1
535 in rive, Suite 200
X11 own, PA 118811,95
510) 530-2700
Attorneys for Plaintiff
(Page 2 of 2)
Rule 2959. Striking off or Opening Judgment.
Pleadings. Procedure.
(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 not 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 Rule 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.
(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 in a jury trial would require the issues to
be submitted to the jury the court shall open the judgment.
M The lien of the judgment or of any levy or attachment shall be preserved while the
proceedings to strike off or open the judgment are pending.
i
(9)(1) A judgment shall not be stricken or opened because of a creditor's failure to
provide a debtor with instructions imposed by an existing statute, if any, regarding procedures to
follow to strike a judgment or regarding any rights available to an incorrectly identified debtor.
(2) Subdivision (g)(1) shall apply to (1) judgments entered prior to the effective date
of subdivision (g) which have not been stricken or opened as of the effective date and (2)
judgments entered on or after the effective date.
rz
; f CD
C3
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PENNSYLVANIA
UNITY BANK, )
Plaintiff )
V. )
TANISHA A. GRANDBERRY, )
Defendant )
Confession of Judgment
No. D $9 - 396y C7,,, AFFIDAVIT PURSUANT TO Pa.R.C.P. 2951 a 2 ii
Michelle S. Kirmser, a Vice President of Unity Bank, being duly sworn according to law,
deposes and says that she is authorized to make this Affidavit for and on behalf of Plaintiff and
that to the best of her knowledge, information and belief, judgment is not being entered by
confession against a natural person in connection with a consumer credit transaction.
UNITY BANK
Sworn and s bscribed to before me
this day of 2008
-Michelle S. Kirmser, Vi President
NOTARY PUBLIC
d
[ i
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PENNSYLVANIA
UNITY BANK,
Plaintiff
V.
TANISHA A. GRANDBERRY,
Defendant
Confession of Judgment
No. 68 .3Q6Y l ?2.
NOTICE UNDER RULE 2958.1
OF JUDGMENT AND EXECUTION THEREON
NOTICE OF DEFENDANT'S RIGHTS
TO: Tanisha A. Grandberry
323 40th Street
Copiague, NY 11726
A judgment in the amount of $632,880.30 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.
(Page I of 2)
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:
CUMBERLAND COUNTY BAR ASSOCIATION
32 SOUTH BEDFORD ST.
CARLISLE, PA 17013
(800) 990-9108
(717) 249-3166
LESAVOY BUTZ & SEITZ LLC
Jack M. rtz, q 're
Att or?
37
One indsor PI
7535 'ndsor D ' e, Suite 200
Allento 195
(610) 530-2700
(Page 2 of 2)
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IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PENNSYLVANIA
UNITY BANK, )
Plaintiff )
Confession of Judgment
V. ) No. ?S --.34dy
TANISHA A. GRANDBERRY, )
Defendant )
CERTIFICATION OF PARTIES' ADDRESSES
di,U C-r"
1. I hereby certify that, according to Plaintiff's records, Defendant's last known
addresses are as follows:
Tanisha A. Grandberry
323 40`h Street
Copiague, NY 11726
2. I hereby certify that plaintiffs address is as follows:
Unity Bank
Attention: Michelle S. Kirmser, V.P.
64 Old Highway 22
Clinton, NJ 08809
UNITY BANK
Sworn and subscribed to before i..,-
this da of
y jlz4e 7- , 2008 Tyr",Plle S. Kirmser, Vice President
NO Y PUBLIC
if &-L
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GF -?
. ° ,?
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PENNSYLVANIA
UNITY BANK, )
Plaintiff )
Confession of Judgment
V. ) No. Cog "3?6y
TANISHA A. GRANDBERRY, )
Defendant )
AFFIDAVIT OF BUSINESS TRANSACTION
C'Icj?C`T"
Michelle S. Kirmser, a Vice President of Unity Bank, being duly sworn according to law,
deposes and says that she is authorized to make this Affidavit for and on behalf of Plaintiff and
that to the best of her knowledge, information and belief, the transaction evidenced by the Note
and the Unconditional Guarantee attached to Plaintiff s Complaint was made for business
purposes and does not relate to or arise out of a consumer transaction.
UNITY BANK
Sworn ands bscribed to before me
this day ofj4W 1.,e ¢ 2008
NOT PUBLIC
e?x
Michelle SKirmser, Vic rNn,rX.- CV 6124/2 12--'
u
5 1'
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PENNSYLVANIA
UNITY BANK, )
Plaintiff ) Confession of Judgment
V. ) No. _ .`
TANISHA A. GRANDBERRY, )
Defendant )
AFFIDAVIT OF NON-MILITARY SERVICE
11
Jack M. Seitz, Esquire, being duly sworn according to law, deposes and says that he is
authorized to make this Affidavit for and on behalf of Plaintiff, and that to the best of his
knowledge, information and belief, Defendant is not in the Military Service of the United States,
nor any State or Territory thereof, or its allies as defined in the Soldiers' and Sailors' Civil Relief
Act of 1940 and amendments thereto.
Y03DjTZ & SEITZ LLC
Sworn and subscrib to before me
this day of , 2008
OTARY UBLIC
ONWEA,7W OF PENNSYLVAMA
Notarial Seal
Stella Blake, Notary Public
MPPer Macungie TwP., Lehigh County
Y Commission Expires Jan. 13,20C@
Member, Pennsylvania Association of Noma"
Jack
One Wit?i a
Attorn Udsove, 6
7535 W Suite 200
Allentown, PA 18195
(610) 530-2700
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IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PENNSYLVANIA
UNITY BANK,
Plaintiff
V.
Confession of Judgment
No. 08-3904
TANISHA A. GRANDBERRY,
Defendant
PLAINTIFF'S MOTION FOR ALTERNATIVE SERVICE
Plaintiff Unity Bank, by and through its attorneys Lesavoy Butz & Seitz LLC, hereby
moves this Honorable Court pursuant to Pa.R.C.P. 430 for an Order permitting Plaintiff to serve
process, notices, writs, and all related items upon Defendant by alternative means, and in support
thereof Plaintiff avers as follows:
On October 23, 2007, Plaintiff made a $605,000 loan to Turner's Personal Care
Home, Inc. ("TPCH") and 404 Silver Spring Road, LLC ("404 LLC).
2. TPCH and 404 LLC have registered addresses and operate or operated a personal
care facility at 404 Silver Spring Road, Mechanicsburg, PA 17050 (the "Mechanicsburg
Property")
3. Defendant is a principal of both TPCH and 404 LLC.
4. On October 23, 2007, Defendant executed an Unconditional Guarantee thereby
becoming the unlimited surety for loan Plaintiff made to TPCH and 404 LLC.
5. TPCH and 404 LLC defaulted on the loan by failing to make required payments
when due.
6. On July 1, 2008, Plaintiff confessed a judgment against Defendant in the amount
of $632,880.30 and confessed a separate judgment against TPCH and 404 LLC in the same
amount (Docket No. 08-3902).
20080812m jinity404 altmv(gndnry)
7. In order for Plaintiff to enforce its judgments, Plaintiff must serve Defendant,
individually and as a principal of TPCH and 404 LLC, with (A) the various notices, filings and
forms related to the entry of judgment, including but not limited to the notice required by
Pa.R.C.P. 2958.1 (the "Judgment Papers"), and (B) other motions, petitions, writ papers, and
sale notices.
8. Defendant has not entered an appearance in this action.
9. Pa.R.C.P. 2958.1 requires service of the Notices upon a defendant who has not
entered an appearance:
(A) by sheriff or by competent adult in the manner prescribed by Rule 402(a)
for service of original process upon a defendant, or
(B) by the plaintiff mailing a copy in the manner prescribed by Rule 403, or;
(C) pursuant to special order of court as prescribed by Rule 430 if service
cannot be made as provided in subparagraphs (i) or (ii).
10. The business run by TPCH and 404 LLC at 404 Silver Spring Road,
Mechanicsburg, PA, is either defunct or temporarily out of business and is not presently
operating at that location.
11. Numerous attempts have been made to serve the judgment papers as required by
Pa.R.C.P. 402(a) and Pa.R.C.P. 403 by personally serving Defendant at (i) her last known
address of 323 40th Street, Copiague, NY 11726, and (ii) her place of employment, the Nassau
County Jail in East Meadow, New York. True and correct copies of affidavits from two different
process servers who attempted to serve Defendant at her home on multiple occasions are
attached hereto as Exhibit A. True and correct copies of affidavits from a process server who
attempted to serve Defendant at the Nassau County Jail are attached hereto as Exhibit B.
12. Defendant has refused to make herself available for service despite emailed
requests for such cooperation. A true and correct copy of an email string with Defendant
regarding service is attached hereto as Exhibit C.
13. Defendant is intentionally evading service by (i) not answering the door when
Plaintiff's process server attempts service, (ii) refusing to make herself available at her place of
employment, and (iii) rejecting Plaintiff's request for cooperation.
14. Plaintiff has made a good faith effort to serve Defendant.
15. Unless the Court allows service by alternative means, Plaintiff will be unable to
enforce its judgment and will suffer undue prejudice and injustice as a result.
16. Pursuant to Local Rule 208.2(d), Defendant has refused Plaintiff s repeated
requests (by email) for cooperation in achieving service of the Judgment Papers.
WHEREFORE, Plaintiff, Unity Bank., respectfully requests this Honorable Court enter
an Order permitting service on Defendant of all judgment papers, motions, petitions, writs,
notices, and papers in this action by (A) for original process and papers treated as such under the
Rules of Civil Procedure - by posting them at the Mechanicsburg Property and mailing them by
first class mail to Defendant property at 323 40th Street, Copiague, NY 11726, and (B) for all
other papers, by first class mail to Defendant at 323 40th Street, Copiague, NY 11726.
LESAVOY BATZ & SEITZ LLC
Jack
ZachaYy J. o1i squire
Attorney os. 370 & 91119
One W' d r Plaz
753 indsor rive, Suite 200
Allentown, PA 18195
(610) 530-2700
Attorneys for Plaintiff
CERTIFICATE OF SERVICE
I hereby certify that on August 13, 2008,1 served a true and correct copy of Plaintiff's
Motion for Alternative Service by first class mail upon the following:
Tanisha A. Grandberry
323 40th St.
Copiague, NY 11726
Tanisha A. Grandberry
404 Silver Spring Road
Mechanicsburg, PA 17050
Ex k;b1 t A
Lqj vv
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
X
UNITY BANK
INDEX # 08-3904
PLAINTIFF ATTEMPTED AFFIDAVIT
AGAINST
TANISHA A. GRANDBERRY
DEFENDANT
X
State of New York.
County of Suffolk ss:
JOHN J. MCGUIGAN BEING DULY SWORN, DEPOSES AND SAYS: THAT SHE IS OVER THE AGE OF
EIGHTEEN, IS NOT A PARTY TO THIS ACTION, AND RESIDES IN SUFFOLK COUNTY, STATE OF NEW YORK.
YOUR DEPONENT RECEIVED COPIES OF A WARRANT/CONFESSION OF JUDGMENT AND COMPLAINT IN
CONFESSION OF JUDGMENT FOR SERVICE UPON THE DEFENDANT, TANISHA A. GRANDBERRY, FROM
THE ATTORNEY FOR THE PLAINTIFF, FOR SERVICE OF PROCESS AT 323 40TH STREET, COPAIGUE, 11726,
COUNTY OF SUFFOLK, STATE OF NEW YORK.
YOUR DEPONENT MADE DUE AND DILIGENT EFFORT TO EFFECT SERVICE BY CALLING AT THE
AFOREMENTIONED ADDRESS ON THE 29.. DAY OF JULY, 2008, AT 6:3S P,M. UPON KNOCKING AT THE
DOOR OF THE RESIDENCE YOUR DEPONENT RECEIVED NO ANSWER AT THE DOOR ALTHOUGH HE
BELIEVED HE HEARD MOVEMENT WITHIN. YOUR DEPONENT THEN SPOKE WITH A NEIGHBOR AT
HOUSE NUMBER 320 WHO ADVISED YOUR DEPONENT THAT HE HAD JUST MISSED THE DEFENDANT,
TANISAH A. GRANDBERRY, AS SHE HAD JUST ENTERED THE RESIDENCE BEFORE YOUR DEPONENT
ARRIVED. YOUR DEPONENT RETURNED TO THE DOOR OF THE RESIDENCE AND AFTER KNOCKING AND
CALLING THE NAME OF THE DEFENDANT, TANISHA A. GRANDBERRY, YOUR DEPONENT STILL RECEIVED
NO ANSWER AT THE DOOR.
AFTER MAKING A DUE AND DILIGENT EFFORTTO EFFECT SERVICE UPON THE DEFENDANT,TANISHA A.
GRANDBERRY, 323 40TH STREET, COPIAGUE, NEW YORK, YOUR DEPONENT VERILY BELIEVES THAT
SERVICE CANNOT BE MADE FOR THE REASONS ABOVE SET FORTH.
Sworn to before me this 120 day
Of August, 2008.
Lv, vvv
C.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
X
I
UNITY BANK
INDEX # 08-3904
PLAINTIFF ATTEMPTED AFFIDAVIT
AGAINST
TANISHA A. GRANOBERRY
DEFENDANT
X
State of New York
County of Suffolk ss:
VICTORIA VINCESLIO BEING DULY SWORN, DEPOSES AND SAYS: THAT SHE IS OVER THE AGE OF
EIGHTEEN, IS NOT A PARTY TO THIS ACTION, AND RESIDES IN SUFFOLK COUNTY, STATE OF NEW YORK.
I
YOUR DEPONENT RECEIVED COPIES OF A WARRANT/CONFESSION OF JUDGMENT AND COMPLAINT IN
CONFESSION OF JU4 MENT FOR SERVICE UPON THE DEFENDANT, TANISHA A. GRANDBERRY, FROM
THE ATTORNEY FORITHE PLAINTIFF, FOR SERVICE OF PROCESS AT 323 40T" STREET, COPAIGUE, 11726,
COUNTY OF SUFFOIJr, STATE OF NEW YORK.
YOUR DEPONENT Mk. DE DUE AND DILIGENT EFFORTTO EFFECT SERVICE BY CALLING AT THE
AFOREMENTIONED IADDRESS ON THE 1STM DAY OF JULY, 2008 AT 8:30 A.M.,171" DAY OF JULY, 2008 AT
6:52 A.M. AND AGAIN AT 7:26 P.M., 19TH DAY OF JULY, 2008, AT 12:39 P.M., 23RD DAY OF JULY, 2008 AT
8:S0 A.M., 24T" DAY bF JULY, 2.008 AT 7:47 A.M., 26T" DAY OF JULY 2008, AT 10:06 A.M., 28T" DAY OF
JULY, 2008 AT 7:16 kM., 31ST DAY OF JULY, 2008 AT 9:14 A.M., AND THE 1ST DAY OF AUGUST, 2008, AT
8:05 A,M. AND ON F? CH OCCASION RECEIVED NO ANSWER AT THE DOOR OF SAID RESIDNCE. YOUR
DEPONENT SPOKE ITH A NEIGHBOR AT 327 40T" STREET, WHO ADVISED YOUR DEPONENT THAT SAID
TANISHA A. GRANDOERRY RESIDED AT SAID REDIENCE, BUT IS RARELY SEEN.
AFTER MAKING A DOE AND DILIGENT EFFORT TO EFFECT SERVICE UPON THE DEFENDANT A.
GRANDBERRY, 323 40T" STREET, COPIAGUE, NEW YORK, YOUR DEPONENT VE BE THAT
SERVICE CANNOT BE MADE FOR THE REASONS ABOVE SET FORTH.
Sworn to before me IJhis 12t" day
Of August, 2008.
VINCESLIO
g1ate of
WSW "'
lOt+'E?P?sN1oY 3,
1
1
k
?xh:b.t 6
0
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
K
UNITY BANK
PLAINTIFF
AGAINST
TANISHA A. GRANDBERRY
DEFENDANT
X
State of New York
County of Suffolk ss:
INDEX # 08-3904
ATTEMPTED AFFIDAVIT
Wj V'+
ANDREW CEPONIS BEING DULY SWORN, DEPOSES AND SAYS: THAT HE IS OVER THE AGE OF EIGHTEEN,
IS NOT A PARTY TO THIS ACTION, AND RESIDES IN SUFFOLK COUNTY, STATE OF NEW YORK.
YOUR DEPONENT RECEIVED COPIES OF A WARRANT/CONFESSION OF JUDGMENT AND COMPLAINT IN
CONFESSION OF JUDGMENT FOR SERVICE UPON THE DEFENDANT, TANISHA A. GRANDBERRY, FROM
THE ATTORNEY FOR THE PLAINTIFF, FOR SERVICE OF PROCESS AT HER PLACE OF EMPLOYMENT, THE
NASSAU COUNTY JAIL, 100 CARMAN AVENUE, EAST MEADOW, NEW YORK 11554. YOUR DEPONENT
WAS ADVISED THAT SAID DEFENDANT WAS A CORRECTIONS OFFICER EMPLOYED WITHIN THE JAIL.
ON THE 11T" DAY OF AUGUST, 2008, AT 3:10 P.M., YOUR DEPONENT ATTEMPTED TO EFFECT IN HAND
SERVICE UPON THE DEFENDANT, TANISHA GRANDBERRY, AT THE AFQRESTATED ADDRESS AND WAS
DIRECTED TO THE LEGAL AFFAIRS UNIT WITHIN THE JAIL, YOUR DEPONENT SPOKE WITH AN EMPLOYEE
WITHIN LEGAL AFFAIRS WHO ADVISED THAT IT WAS JAIL POLICY NOT TO ALLOW OR ACCEPT SERVICE OF
PROCESS WHEN THE MATTER DID NOT PERTAIN TO THE EMPLOYMENT OF THE DEFENDANT.
AFTER MAKING A DUE AND DILIGENT EFFORT TO EFFECT SERVICE UPON THE DEFENDANT, TANISHA
GRANDBERRY, AT THE NASSAU COUNTY JAIL, YOUR DEPONENT VERILY BELIEVES THAT SERVICE CANNOT
BE MADE FOR THE REASONS ABOVE SET FORTH.
Sworn to before me this 12'h day
Of_August, 2008.
-
nllc, Slgrx o
pu?llfled In Nassau
c, mryfiWon Exom WWI
jjndrew
Ur:i+v 13ar.!, vs. 404 Silver Spring, et al. Page 1 of 3
Jack Seitz
From: Jack Seitz
Sent: Monday, August 11, 2008 10:59 AM
To: 'tagenterprise@optonline.net'
Cc: 'Michelle Kirmser'
Subject: RE: 404 Silver Spring
TimeMatterslD: M61659B10A6F0370
TM Contact: Unity Bank,
TM Matter Reference: 404 Silver Spring Road LLC
The Bank is willing to work with you by agreeing to the terms I previously described. I assume by the email to
which this responds that you reject the bank's terms. This means there is no agreement and the bank intends to
proceed with its remedies.
Please note the Bank's judgments are already of record; we are simply trying to serve you. Our process server
will seek access at your place of work and will insist that the facility's administrators make you available since you
will not answer the door at your home.
It is unfortunate that you find it necessary to increase the bank's expenses since those costs get added to the
debt.
iseitz Lesavoy8utz.com
Jack M. Seitz, Esq.
Lesavoy Butz & Seitz LLC
One Windsor Plaza
7535 Windsor Drive, Suite 200
Allentown, PA 18195
(610) 530-2700 main ? (610) 530-2727 facsimile
This message and any attachments may contain confidential or privileged information and are only for the use of the intended recipient of this
message. If you are not the intended recipient, please notify the sender by return email, and delete or destroy this and all copies of this message and
all attachments. Any unauthorized disclosure, use, distribution, or reproduction of this message or any attachments is prohibited and may be unlawful.
Whenever we provide you with written advice concerning Federal taxes, the United States Treasury Department requires us to provide the following
notice to you: Any Federal tax advice contained herein is not intended or written to be used, and cannot be used by you or any other person,
for the purpose of avoiding any penalties that may be imposed by the Internal Revenue Code. This disclosure is made in accordance with
the rules of Treasury Department Circular 230 governing standards of practice before the Internal Revenue Service. Any written statement
contained herein relating to any Federal tax transaction or matter may not be used by any person without our express prior written
permission to support the promotion or marketing of or to recommend any Federal tax transaction(s) or matter(s) addressed herein. No
advice contained herein may be relied upon or utilized by any person for any purpose except as expressly and affirmatively stated herein
without the prior written consent in each instance of a partner of this firm.
8/13/2008
Ur.i.±v Bank vs. 404 Silver Spring, et al. Page 2 of 3
t 0
From: tagenterprise@optonline.net [mailto:tagenterprise@optonline.net)
Sent: Friday, August 08, 2008 3:55 PM
To: Jack Seitz
Cc: Michelle Kirmser; Zachary Cohen; Stella Blake
Subject:
Mr Seitz,
From my perspective there doesn't appear to be any compromise or any inclination by unity bank to
negotiate a forbearance agreement that I can work with. I standby my original request for a forbearance
because that is what I can do right now. I must admit, that I am very disappointed in Unity Bank's
response to my forbearance request and their request to call in my note.
Until the situation with DPW, the unlawful termination of my personal care home licnense, is settled
next week, I am notgoing to waive any rights or allow judgements against me, until I speak with an
attorney.
B1ackBerry service provided by Nextel
From: Jack Seitz <jseitz@lesavoybutz.com>
Date: Wed, 06 Aug 2008 09:49:35 -0400
To: <tagenterpri se@optonline.net>
CC: Michelle Kirmser<Michelle.Kirmser@unitybank.com>; Zachary
Cohen<zcohen@lesavoybutz.com>; Stella Blake<sblake@lesavoybutz.com>
Subject: Unity Bank vs. 404 Silver Spring, et al.
By now you must be aware that Unity Bank's process server has been trying to serve papers on you at your home
in NY. I assure you that the bank WILL serve you, at work or by special order, and that the added expense of
such extraordinary measures will be added to the debt. This could be a substantial sum, so I urge you to
cooperate and make an appointment with our server to accept service at a time and place convenient for you.
Failing that, we will do what it takes to achieve service.
iseitz@Lesa vo?yButz. com
Jack M. Seitz, Esq.
Lesavoy Butz & Seitz LLC
One Windsor Plaza
7535 Windsor Drive, Suite 200
Allentown, PA 18195
(610) 530-2700 main ? (610) 530-2727 facsimile
This message and any attachments may contain confidential or privileged information and are only for the use of the intended recipient of this
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8/13/2008
Um. v Dank vs. 404 Silver Spring, et al.
Page 3 of" 3
Whenever we provide you with written advice concerning Federal taxes, the United States Treasury Department requires us to provide the following
noti(;e to you: Any Federal tax advice contained herein is not intended or written to be used, and cannot be used by you or any other person,
for the purpose of avoiding any penalties that may be imposed by the Internal Revenue Code. This disclosure is made in accordance with
the rules of Treasury Department Circular 230 governing standards of practice before the Internal Revenue Service. Any written statement
contained herein relating to any Federal tax transaction or matter may not be used by any person without our express prior written
permission to support the promotion or marketing of or to recommend any Federal tax transaction(s) or matter(s) addressed herein. No
advice contained herein may be relied upon or utilized by any person for any purpose except as expressly and affirmatively stated herein
without the prior written consent in each instance of a partner of this firm.
8/13/2008
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AUG 18 2008G
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PENNSYLVANIA
UNITY BANK,
Plaintiff
V.
TANISHA A. GRANDBERRY,
Defendant
Confession of Judgment
No. 08-3904
ORDER
AND NOW, this 21 X? day of Au r e" v , 2008, upon
consideration of Plaintiffs Motion for Alternative Service pursuant to Pa.R.C.P. No. 430, it is
hereby
ORDERED that Plaintiffs Motion is granted; and it is further
ORDERED that all papers and notices related to the entry of Plaintiff's judgment,
including but not limited to the Pa.R.C.P. 2958.1 notice, as well as all subsequent execution
papers, writs, petitions, motions, and filings or notices of any kind in this matter, shall be served
upon Defendant by serving Defendant as follows:
(A) for papers constituting or treated as original process under the Rules of
Civil Procedure: by both (i) affixing said items to the front door of the property at 404
Silver Spring Road, Mechanicsburg, PA 17050 (or if access is restricted, then to the
main gate or entryway leading to the property); and (ii) mailing said items by first class
mail to Defendant at 323 40th Street, Copiague, NY 11726; and
(B) for other papers (those that are not original process or treated as such): by
mailing said items by first class mail to Defendant at 323 40th Street, Copiague, NY
11726.
BY THE COURT:
Zc :9 WY ZZ OFAV 8601
"ia.:'u 111
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PENNSYLVANIA
UNITY BANK,
Plaintiff
V.
TANISHA A. GRANDBERRY,
Defendant
Jack
CERTIFICATION OF SERVICE
Pursuant to the Court's Order of August 21, 2008, I certify the following:
1. On August 27, 2008, Plaintiff served Tanisha Grandberry with true and correct
copies of the following documents by first class mail addressed to 323 40th Street, Copiage,
NY 11726: (i) Warrant and Complaint in Confession of Judgment; (ii) Notice Under Rule
2958.1; (iii)Affidavit of Business Transaction; (iv) Notice to Defendant Pursuant to 42 Pa.
C.S. § 2737.1; (v) Affidavit Pursuant to Pa.R.C.P. 2951(a)(2)(ii); (vi) Affidavit of Default; and
(vii) Certification of Parties Addresses. True and correct copies of the letter enclosing the
documents and the Certificate of Mailing for the letter are attached as Exhibit A.
2. On August 29, 2008, Plaintiff's process server posted the same documents by
affixing them to 404 Old Silver Spring Road, Mechanicsburg, PA 17055, as per the Affidavit of
Service attached as Exhibit B.
BUTZ A SEITZ LLC
,2008
Date: September Fj
Confession of Judgment
No. 08-3904
No. 370
J. Co , Esq.
o. 91119
One Windsor Plaza
7535 Windsor Dr., Suite 200
Allentown, PA 18195-1034
(610) 530-2700
Attorneys for Unity Bank
(,w-4 #
M o d %oe *031DA038
S3183S 00006
LESAVOY BUTZ & SEITLZ
ATTORNEYS.AT LAW
August 27, 2008
,.y
VIA FIRST CLASS MAIL
Ms. Tanisha A. Grandberry
323 40' St.
Copiague, NY 11726
Re: Unity Bank v. Tanish A. Grandberry
Case No. 08-3904 (Cumberland County, PA)
Dear Ms., Grandberry:
Pursuant to the Order entered on August 19, 2008 (copy enclosed), I enclose copies of the
following:
? Warrant/Complaint in Confession of Judgment;
? Notice Under Rule 2958.1;
? Affidavit of Business Transaction;
? Notice to Defendant Pursuant to 42 Pa.C.S. § 2737.1;
? Affidavit Pursuant to PA.R.C.P 2951(a)(2)(ii)
? Affidavit of Default; and
? Certification of Parties Addresses.
Very truly yours,
4M. Seitz
JMS/srb
Enclosure
cc (w/o enc.): Michelle S. Kirmser, V.P.
7535 Windsor Drive • Suite 200 • Allentown, PA 18195-1034
610.530.2700 • 610.530.2727 Fax • JSeitz@LesavoyButz.com
CERTIFICATE C3F Ni ULING Afrix fee here in stamps
? n't,
U.S. Pr1ATA1 SERVICE n
JACK M SEITZ ESQ 1$057
t
PROVO LESAVOY BUTZ & SEITZ LLC
ONE WINDSOR PLAZA f?
Re' 7535 WINDSOR DR SUITE 200
ALLENTOWN PA 18195-1034
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One piece of ordinery mail addressed to: y. M
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PS Form 3817, January 2001
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v
rx 1,, 6-l 4 B
s TH-3s OOOO6
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PENNSYLVANIA
UNITY BANK,
Plaintiff
V.
TANISHA A. GRANDBERRY,
Defendant
Confession of Judgment
No. 08-3904
AFFIDAVIT OF SERVICE
COMMONWEALTH OF PENNSYLVANIA )
) SS
COUNTY OF CUMBERLAND )
I, William D. Hesse, being duly sworn according to law, depose and say that I am an
adult over the age of eighteen (18) years; that I POSTED the items listed below on the property
located at 404 Silver Spring Road, Mechanicsburg, PA 17050 (the "Property")on
6d47 2008, at /o "40 a.m./M,
(a) Warrant/Complaint in Confession of Judgment;
(b) Notice Under Rule 2958.1;
(c) Affidavit of Business Transaction;
(d) Notice to Defendant Pursuant to 42 Pa.C.S. § 2737.1;
(e) Affidavit Pursuant to PA.R.C.P 295 1 (a)(2)(ii);
(f) Affidavit of Default; and
(g) Certification of Parties Addresses
7W-*/
D
William D. Hesse
SWORN TO AND SUBSCRIBED
B FORE ME THIS Q R DAY OF
l-I IV 2008
N ary u ICNorarwi seal
Rands R. Corday, Notary Public
MsdW*XW9 Boo. Cumberland Courtly
My Oo rrdselon E*km Apr. 2% 2009
Member, Pennsylvania Association of Notaries
I posted the above items by affixing them to the following location on the Property:
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Fem.
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