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HomeMy WebLinkAbout08-3918 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA UNITY BANK, ) Plaintiff ) V. ) No. 08 - BR t 8 (.wtt Tex k HABITAT FOR FUTURE BUILDING, LLC, ) Defendant ) NOTICE TO DEFEND 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 SOUTH BEDFORD ST. CARLISLE, PA 17013 (800) 990-9108 (717) 249-3166 200W619w.p_ 6ty404 g'oobU.DOC IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA UNITY BANK, Plaintiff V. HABITAT FOR FUTURE BUILDING, LLC, Defendant COMPLAINT No. b j- 3 91 k C?.l 7;.- Plaintiff, Unity Bank, by and through its legal counsel Lesavoy Butz & Seitz LLC, states the following Complaint against Defendant: 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 Habitat for Future Building, LLC, is a Wyoming limited liability company with registered agent at 60 East Simpson Avenue, P.O. Box 2869, Jackson, WY 83001. 3. Tanisha A. Grandberry is the original managing member of the Defendant limited liability company. Upon information and belief, Ms. Grandberry can be served at 323 40th Street, Copiague, NY 11726 4. Defendant is affiliated with or shares common ownership with two other businesses in which Tanisha A. Grandberry has interests: (A) Turner's Personal Care Home, Inc. ("TPCH"), a Pennsylvania business corporation with an address of 404 Silver Spring Road, Mechanicsburg, PA 17050; and (B) 404 Silver Spring Road, LLC ("404 LLC"), a Pennsylvania limited liability company at the same address. 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 Agreement sets forth extensive waivers of demand, presentment and notice. 10. The Note and the Surety Agreement provide 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. 11. The sum of $20,000.00, which is less than half of the 10% figure the Note authorizes, is reasonable for attorney's fees and costs in enforcing Plaintiff's rights and liquidating the collateral for Plaintiff's loan to TPCH and 404 LLC. 2 12. 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 13. Plaintiff has not assigned its interests in the Note, the Surety Agreement, or the obligation they secure. WHEREFORE, Plaintiff demands the entry of judgment against Defendant 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 tarZ & SEIT7 LLC Jack M. e' squir Attorne N . One W d Plaza 7535 Wmdso rive uite 200 Allentown, PA 5 (610) 530-2700 3 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 unsworn falsification to authorities. Date: a 7 /? 2008 ,,,"Michelle S. Kirmser, V.P. ?x ?,ie,+A m id?ooc (D0313A038 S3IH3S 00006 U3 Small Business Administration U.S. Small Business Administration s NOTE SBA Loan # 29432960-09 SBA Loan Name Turner's Personal Care Home, Inc. Date October 23, 2007 Loan Amount $605,000.00 Interest Rate Prime rate plus 1.25% Borrower 404 Silver Spring Road, LLC, and Turner's Personal Care Home, Inc. Operating Company Turner's Personal Care Home, Inc. Lender Unity Bank 1. 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. 2. DEFINITIONS: "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. "Loan" 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. SBA Form 147 (06103/02) Version 4.1 Page 1/6 3. 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 Fonn 147 (06/03/02) Version 4.1 Page 216 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. 5. 6. 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; 1. 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. 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. 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 terms 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 Fonn 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 1 Care e, /Inc..,/? ? By: Habitat for/Future Building, LLC, Operating Manager By w r? 16? x ? fn Tanisha A. Grandberry, Presid Secretary By. ni-?1 anisha A. Grandberry, 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: )3 'D 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. Initia 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 upon, 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 I/we received a copy at the time of signing. 404 Silver Spring Road, LLC By: J9AA_ ?Turn 's Pe onal are Home, Inc By: Habitat for Future Building, LLC, Operating Mana er 4 , _ B "' Tanisha Grandberry, esident/Secretary Tanisha,Giandberry, MAnager Signed, ac owledged and delivered in the presence of: Witness ExNh?} S M.0.d °,oos !MGMAO3N' S3Ri3S 00006 t, a& s pan Busiaea Administration U.S. Small Business Administration UNCONDITIONAL GUARANTEE SBA Loan # 29432960-09 SBA Loan Name Turner's Personal Care Home, Inc. Guarantor Habitat for Future Building, LLC Borrower 404 Silver Spring Road, LLC, and Turner's Personal Care Home, Inc. Lender Unity Bank Date 0 C T 2 3 2007 Note Amount $605,000.00 1. 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 OCT 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 Form 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: NONE 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. GUARANTOR NAME(S) AND SIGNATURE(S): By signing below, each individual or entity becomes obligated as Guarantor under this Guarantee. H"Fure? , LLC B T anisha A. Grandberry, M ger SBA Form 148 (10/98) Previous editions obsolete Page 5/5 3 00 C C7 b rv y:? W ?, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA UNITY BANK, Plaintiff V. No. 08-3918 HABITAT FOR FUTURE BUILDING, LLC, 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 Plaintiffs Complaint, Notice to Defend and all subsequent filings and submissions upon Defendant by alternative means, and in support thereof Plaintiff avers as follows: Defendant Habitat for Future Building, LLC, is a Wyoming limited liability company with registered agent at 60 East Simpson Avenue, P.O. Box 2869, Jackson, WY 83001. 2. Tanisha A. Grandberry is the original managing member of the Defendant limited liability company. 3. Defendant is affiliated or shares common ownership with two other businesses in which Tanisha A. Grandberry has interests: (A) Turner's Personal Care Home, Inc. ("TPCH"), a Pennsylvania business corporation with an address of 404 Silver Spring Road, Mechanicsburg, PA 17050; and (B) 404 Silver Spring Road, LLC ("404 LLC"), a Pennsylvania limited liability company at the same address. 20080812mom_mty404 allsv(babitat) 4. 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"). 5. The business run by TPCH and 404 LLC is defunct and no longer operates at the Mechanicsburg Property. 6. On October 23, 2007, Plaintiff made a $605,000 loan to TPCH and 404 LLC. 7. Defendant is a surety for the $605,000 loan by reason of its execution of an Unconditional Guarantee at the time Plaintiff made the loan to TPCH and 404 LLC. 8. TPCH and 404 LLC defaulted on the loan by failing to make required payments when due. 9. Plaintiff has commenced an action against Defendant to enforce Defendant's suretyship. 10. Upon information and belief, the only way to effect service on Defendant is to serve its only known officer/member, Ms. Grandberry. 11. Numerous attempts have been made to serve Defendant by personally serving Ms. Grandberry 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 Ms. Grandberry 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 Ms. Grandberry the Nassau County Jail are attached hereto as Exhibit B. 12. Ms. Grandberry has refused to make herself available for service despite emailed requests for such cooperation. A true and correct copy of an email string with Ms. Grandberry regarding service is attached hereto as Exhibit C. 13. Ms. Grandberry is intentionally evading service by (A) not answering the door when Plaintiff's process server attempts service, (B) refusing to make herself available at her place of employment, and (C) rejecting Plaintiff s request for cooperation. 14. Plaintiff has made a good faith effort to serve Defendant by serving Ms. Grandberry but those attempts have been unsuccessful. 15. Unless the Court allows service by alternative means, Plaintiff will be unable to proceed with this case and will suffer undue prejudice and injustice as a result. 16. Pursuant to Local Rule 208.2(d), Tanisha A. Grandberry, Defendant's principal, has refused Plaintiff s repeated requests (by email) for cooperation in achieving service of the Complaint. WHEREFORE, Plaintiff, Unity Bank., respectfully requests this Honorable Court enter an Order permitting service on Defendant by (A) posting original process at the Mechanicsburg Property and mailing them by first class mail to Tanisha A. Grandberry at 323 40th Street, Copiague, NY 11726 (for original process only), and (B) for all other papers, by first class mail to Tanisha A. Grandberry at 323 40th Street, Copiague, NY 11726 and to 404 Silver Spring Road, Mechanicsburg, PA 17050. LESAVOWUTZ MSEITZ LLC Jack M. 37&26A 91119 One VNddsor Plaza 7535 Windsor Drive, Suite 200 Allentown, PA 18195 (610) 530-2700 Attorneys for Plaintiff CERTIFICATE OF SERVICE I hereby certify that on August 13, 2008, I 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 Habitat for Future Building, LLC c/o Tanisha A. Grandberry 323 40th St. Copiague, NY 'r x k,o-A YJ - IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA X UNITY BANK INDEX # 08-3918 PLAINTIFF ATTEMPTED AFFIDAVIT AGAINST HABITAT FOR FUTURE BUILDING, LLC 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 O EIGHTEEN, IS NOT A PARTY TO THIS ACTION, AND RESIDES IN SUFFOLK COUNTY, STATE OF NE YORK. YOUR DEPONENT RECEIVED COPIES OF A NOTICE TO DEFENDANT AND COMPLAINT FOR SERVI?E UPON THE DEFENDANT, HABITAT FOR FUTURE BUILDING, LLC, BY SERVING TANISHA A. GRANDBERR , AS MANAGING MEMBER, FROM THE ATTORNEY FOR THE PLAINTIFF, FOR SERVICE OF PROCESS A 323 4e 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 6:35 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 T 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 DEPONE T ARRIVED. YOUR DEPONENT RETURNED TO THE DOOR OF THE RESIDENCE AND AFTER KNOCKI G AND CALLING THE NAME OF THE DEFENDANT, TANISHA A. GRANDBERRY, YOUR DEPONENT STILL R, CEIVED NO ANSWER AT THE DOOR, AFTER MAKING A DUE AND DILIGENT EFFORT TO EFFECT SERVICE UPON THE DEFENDANT, HAB ITAT FOR FUTURE BUILDING, LLC, BY SERVING TANISHA A. GRANDBERRY, THE MANAGING MEMBER, ?T 323 41P STREET, COPIAGUE, NEW YORK, 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. OHN J. GUIGAN KERRY YEfKOF Norary to of No. 6024216 Queli?d Nae"u County C SIon Expires May 3, 20 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA X UNITY BANK INDEX 0 08-3918 PLAINTIFF ATTEMPTED AFFIDAVIT AGAINST HABITAT FOR FUTURE BUILDING, LLC DEFENDANT Commission safes kuy 120 _X KERRYANNE yWTWrw, Notary pub0c. Sta New York No, o1Y1~ a218 0.4w In Nassau Co nl 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. YOUR DEPONENT RECEIVED COPIES OF A NOTICE TO DEFENDANT AND COMPLAINT FOR SERVICE UPON THE DEFENDANT, HABITAT FOR FUTURE BUILDING, LLC, BY SERVICE UPON TANISHA A. GRANDBERRY AS THE MANAGING MEMBER, FROM THE ATTORNEY FOR THE PLAINTIFF, FOR SERVICE OF PROCESS AT 323 40T" 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 15TH DAY OF JULY, 2008 AT 8:30 A.M.,17TH 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 8:50 A.M., 24TH DAY OF JULY, 2008 AT 7:47 A.M., 26TH DAY OF JULY 2008, AT 10:06 A.M., 28TH DAY OF JULY, 2008 AT 7:16 A.M., 31sT DAY OF JULY, 2008 AT 9:14 A.M., AND THE 11T DAY OF AUGUST, 2008, AT 8:05 A.M. AND ON EACH OCCASION RECEIVED NO ANSWER AT THE DOOR OF SAID RESIONCE. YOUR DEPONENT SPOKE WITH A NEIGHBOR AT 327 40TH STREET, WHO ADVISED YOUR DEPONENT THAT SAID TANISHA A. GRANDBERRY RESIDED AT SAID REDIENCE, BUT IS RARELY SEEN, AFTER MAKING A DUE AND DILIGENT EFFORT TO EFFECT SERVICE UPON THE DEFENDANT,HABITAT FOR FUTURE BUILDING, LLC, BY SERVING TANISHA GRANDBERRY, AS MANAGING MEMBER, T" STREET, COPIAGUE, NEW YORK, YOUR DEPONENT VERILY BELIEVES THAT SERVICE Cp?f QT BE MAD FOR THE REASONS ABOVE SET FORTH. , Sworn to before me this 12"' day Of August, 2008. CESLIO Cx?ib? -?- -9 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA X UNITY BANK INDEX # 08-3918 PLAINTIFF ATTEMPTED AFFIDAVIT AGAINST HABITAT FOR FUTURE BUILDING, LLC DEFENDANT X State of New York County of Suffolk Ss: 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 NOTICE TO DEFENDANT AND COMPLAINT FOR SERVICE UPON THE DEFENDANT, HABITAT FOR FUTURE BUILDING, LLC, BY SERVICE UPON TANISHA A. GRANDBERRY AS THE MANAGING MEMBER, FROM THE ATTORNEY FOR THE PLAINTIFF, FOR SERVICE OF PROCESS AT HER PLACE OF EMPLOYMENT, THE NASSAU COUNTY JAIL, 10D CARMAN AVENUE, EAST MEADOW, NEW YORK 11554. YOUR DEPONENT WAS ADVISED THAT SAID DEFENDANT WAS A CORRECTIONS OFFICER EMPLOYED WITHIN THE JAIL. ON THE 11r" DAY OF AUGUST, 2009, AT 3:10 P.M., YOUR DEPONENT ATTEMPTED TO EFFECT IN HAND SERVICE UPON THE DEFENDANT, TANISHA GRANDBERRY, AT THE AFORESTATED 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,HABITAT FOR FUTURE BUILDING, LLC, BY SERVING TANISHA GRANDBERRY, AS MANAGING MEMBER, 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 12th day Of August, 2008. 3.20 I'AOY ...A .ion Expan" Ex h? ? I ?- C Unity Bark vs. 404 Silver 5pnrng, et al. Nacre 1 of s 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. 's? eitz@Lesavov8utz.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 4 Ur. `y Bank vs. 41.14 Silver Spring, et al. From: Gagenterprise@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, Fage 2 of 3 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: <tagenterprise@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. jseitz .LesavoyButz.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. 8/13/2008 Unity Bank vs. 404 Silver Spring, et al_ rage 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 t1 ? C1 -- ;: ? -,? ?.;:? _ s? c? `? r??= - ?? --; ~r --- ?`a ?; ' ?? :`:?,= ?' . ? -?' ?. •` cAs -< UNITY BANK, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW HABITAT FOR FUTURE BUILDING, L.L.C., Defendant NO. 08-3918 CIVIL TERM ORDER OF COURT AND NOW, this 20`" day of August, 2008, upon consideration of Plaintiffs Motion for Alternative Service Pursuant to Pa. R.C.P. 430, it is ordered and directed that all papers and notices filed or submitted in this matter shall be served upon Defendant by serving Defendant's principal, Tanisha A. Grandberry, as follows: (A) for papers constituting or treated as original process under the Rules of Civil Procedure: by (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); (ii) mailing said items by first-class mail to Tanisha A. Grandberry at 323 40`1' Street, Copiague, NY 11726; and (iii) publication once in the Cumberland County Law Journal and in a newspaper of general circulation in Copiague, New York; and (B) for other papers (those that are not original process or treated as such): by mailing said items by first class mail to Tanisha A. Grandberry at both (i) 404 Silver Spring Road, Mechanicsburg, PA 17050, and (ii) 323 40'' Street, Copiague, NY 11726, said service to be deemed complete upon mailing. BY THE COURT, /Jack M. Seitz, Esq. Zachary J. Cohen, Esq. J.: esley Oler, Jr.; J. One Windsor Plaza , 7353 Windsor Drive Suite 200 Allentown, PA 18195 Attorney for Plaintiff f fi }` ?W t l r f t? ?.? i i + V.I ?i??? i 1? '4 6? 'S :01 v 1 17 8oo1 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA UNITY BANK, Plaintiff V. No. 08-3918 HABITAT FOR FUTURE BUILDING, LLC, Defendant CERTIFICATION OF SERVICE Pursuant to the Court's Order of August 20, 2008, I certify the following: 1. On August 27, 2008, Plaintiff served a Complaint, with Notice to Defend, on Tanisha A. Grandberry, 323 40th St., Copiague, NY 11726, by prepaid first class mail. A true and correct copy of the letter enclosing the documents is attached as Exhibit A. A true and correct copy of the Certificate of Mailing for the letter is attached as Exhibit B. 2. On August 29, 2008, a process server posted the Notice to Defend and Complaint by affixing them to 404 Silver Spring Road, Mechanicsburg, PA 17055, as per the Affidavit of Service attached as Exhibit C. 3. On September 5, 2008, Plaintiff advertised a notice in the Cumberland Law Journal. True and correct copies of the Proof of Publication and the Notice are attached as Exhibit D. 4. On September 10, 2008, Plaintiff advertised a notice in Newsday, a general circulation paper in Copiague, New York. True and correct copies of the Affidavit of Publication and the Notice are attached hereto as Exhibit E. Date: September ?" 2008 LLE V Y BUTZ & SEITZ LLC J eitz, Esq. No. 37026 Zachary J. Cohen, Esq. Attorney No. 91119 One Windsor Plaza 7535 Windsor Dr., Suite 200 Allentown, PA 18195-1034 (610) 530-2700 Attorneys for Unity Bank K)( kI d;+'4 Mid °ooc MMAAH S31N3S 00006 LESAVOY BUTZ & SEITZ ATTORNEYS AT LAW LLc August 27, 2008 VIA FIRST CLASS MAIL Ms. Tanisha A. Grandberry 323 40th St. Copiague, NY 11726 Re: Unity Bank v. Habitat for Future Building, LLC Case No. 08-3918 (Cumberland County, PA) Dear Ms. Grandberry: Pursuant to the Order entered on August 20, 2008 (copy enclosed), I enclose a copy of Plaintiff's Complaint (with Notice to Defend). Very truly yours, / .11 ack M. Seitz JMS/srb Enclosure cc (w/o enc.): Michelle S. Kirmser, V.P. d. 7535 Windsor Drive • Suite 200 • Allentown, PA 18195-1034 610.530.2700 • 610.530.2727 Fax • JSeitz@LesavoyButz.com Ex ? i ,,n -rd ®4313AAb S3183S 00006 U-0. rv51 AL 5ERVICE CERTIFId Airc nc ABA.. ,NG Affix fee here in stamps MAY E JACK M SEITZ ESQ PROV LESAVO Y BUTZ & SEITZ LLC Re ONE WINDSOR PLAZA ?? 7535 WINDSOR DR SUITE 200 ? ALLENTOWN PA 18195-11034 ?L I If tt t I II full t l I It l t I I I t7lll? tt It I It IIt I I1 t-It r f71 1 ,?1 . ily? 0 0 One pi of ordinary mail addressed to: G...) 00 pj PO 00 f 7z •1 co fa C cn 0 PS Form 3817, January 2001 Gri ?x?Crd??F G M o d r0s ®a3YJAa3N' S31113S 00006 '' ° IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA UNITY BANK, ) Plaintiff ) V. ) No. 08-3918 HABITAT FOR FUTURE BUILDING, LLC, ) Defendant ) 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 2008, at 119,'30 a.m./jr.A: (a) Notice to Defend; and (b) Complaint. I posted the above items by affixing them to the fol wing location on the Property: 4zo? William D. else SWORN TO AND SUBSCRIBED EFORE ME THIS of 4 DAY OF 2008 Q• 1 PENNSYLVANIA Notarial Seal Randi R. Corky, Notary Public MedwksbuM Bom, Cumberland Courtly My Commission Expires Apr. 23, 2009 Member, Pennsylyg,?W. on of Notaries Exb,l,?I ? S31H3S 00006 . /?• PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May lb, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ss. Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, Viz September 5, 2008 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. Marie Coyn , Editor SWORN TO AND SUBSCRIBED before me this 5-day of September, 2008 Notary I,"- NOTARIAL SEAL DEBORAH A COLLINS Notary Pubuc CARLISLE BORO, CUMBERLAND COUNTY My Commission Expires Apr 28, 2010 CUMBERLAND LAW JOURNAL NOTICE In the Court of Common Pleas of Cumberland County, Pennsylvania No. 08-3918 UNITY BANK, Plaintiff V. HABITAT FOR FUTURE BUILDING, LLC, Defendant TO: HABITAT FOR FUTURE BUILD- ING, LLC Pursuant to Rule 430 of the Penn- sylvania Rules of Civil Procedure and an Order entered in this case on August 20, 2008, you are notified of the following: 1. Parties. Unity Bank has com- menced a civil action against you. 2. Nature of Action. Unity Bank seeks to collect a commercial loan it made to Turner's Personal Care Home, Inc., and 404 Silver Spring Road, LLC by enforcing the Uncon- ditional Guarantee you executed on October 23, 2007. NOTICE If you wish to defend, you must enter a written appearance person- ally or by attorney and file your de- fenses or objections in writing with the court. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you without further notice for the 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 RE- DUCED FEE OR NO FEE. CUMBERLAND COUNTY BAR ASSOCIATION 32 S. Bedford St. Carlisle, PA 17013 (800) 990-9108 JACK M. SEITZ, ESQUIRE LESAVOY BUTZ & SEITZ LLC 7535 Windsor Dr. Suite 200 Allentown, PA 18195 (610) 530-2700 Sept. 5 5 ALLS ATE ECAL E9o-<?2-0510 1 RECVCLEC ID1 ?jf ?x NEWSDAY AFFIDAVIT OF PUBLICATION LESAVOY BUTZ & SEITZ LLC 7535 WIDNSOR DR SUITE 200 ALLENTOWN PA 18195-1034 STATE OF NEW YORK) Legal :SS.: COUNTY OF SUFFOLK) R. Lopes 15893060 of Newsday, Inc., Suffolk County, N.Y., being duly sworn, says that such person is, and at the time of publication of the annexed Notice was a duly authorized custodian of records of Newsday, Inc., the publisher of NEWSDAY, a newspaper published in the County of Suffolk, County of Nassau, County of Queens, and elsewhere in the State of New York and other places, and that the Notice of which the annexed is a true copy, was published in the following editions/ counties of said newspaper on the following dates: WEDNESDAY SEPTEMBER 10 2008 / Suffolk Sworn To Before Me This 10 day of September 2008 Notary Public Guy P. Notary Public, No. 01W, Commission R Qualified in 5 61?' ? N%.- te of New York Vi(res sser 45924 08/07/2010 4ffolk County Legal Notice 15893060 IN THE COURTOF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA UNITY BANK, plaintiff v. HABITAT FOR FUTURE BUILDING LLC. ISefen"nt No. M3916 TO: HABITAT FOR FUTURE BUILDING, LLC Pursuant to Rub 430 of the Pennsylvania Riles of Civil Pro- cedure and an Order entered in this case on August 20, 2008, ru are notified of the following: Parties. Unity Bank hascom- n ymoe?nced a civil action against see seeks s to fo c Unity Bank olle d a commara k see loan it made to Turner's Person- al Care Horne, Inc., and 404 Sil- ver Spring Road, LLC by enforc- ng the Unconditional Guaran- tee you executed on October 23, 2007. Np If you A to defend, you must enter a written appear- ance person or by attorney and fi le your d arises or objec- tions in writing with the court You are warned that if you fall to do so the case may proceed without you and a ju ment may entered again you withoutbefurther notice for the re- lief requested by the plaintiff. You may lose money or proper- ty or other rights important to OU SHOULD TAKE THIS you SONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY BARASSOCIATION 32 S.BEDFORD ST. CARLISLE, PA 17013 (800)990-9108 Jack M. Seitz, Esq. Lessvoy Butz S Seitz LLC 7535 Windsor Dr., Suite 200 Allentown, PA 18195 (610)530-2700 NEWSDAY PROOF Customer: LESAVOY BUR & SEITZ LLC Contact: STELLA BLAKE Ad Number: 15893060 Start Date:09/10/2008 End Date: 09/10/2008 Price: $253.13 Size:1 x 76 Section: CL Class:11100 Printed By: Date: 09/08/2008 Signature of Approval: Zones: Phone: 6105302700 Times:1 Date: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA UNITY BANK, ) Plaintiff ) V. ) No. 08-3918 HABITAT FOR FUTURE BUILDING, LLC, ) Defendant ) TO: HABITAT FOR FUTURE BUILDING, LLC Pursuant to Rule 430 of the Pennsylvania Rules of Civil Procedure and an Order entered in this case on August 20, 2008, you are notified of the following: 1. Parties. Unity Bank has commenced a civil action against you. 2. Nature of Action. Unity Bank seeks to collect a commercial loan it made to Turner's Personal Care Home, Inc., and 404 Silver Spring Road, LLC by enforcing the Unconditional Guarantee you executed on October 23, 2007. NOTICE If you wish to defend, you must enter a written appearance personally or by attorney and file your defenses or objections in writing with the court. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you without further notice for the 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 ST. CARLISLE, PA 17013 (800) 990-9108 4 'A ck M. Seitz, E esavoy Butz & Seitz LLC 7535 Windsor Dr., Suite 200 Allentown, PA 18195 (610) 530-2700 ?? t] 7i > t IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA UNITY BANK, Plaintiff V. HABITAT FOR FUTURE BUILDING, LLC, Defendant No. 08-3918 PRAECIPE FOR DEFAULT JUDGMENT Please enter judgment in favor of Plaintiff and against Defendant for want of an answer to Plaintiffs Complaint. Judgment should be entered for $653,569.80, as set forth below, plus interest at the rate stated in the Note attached to Plaintiffs Complaint: Amount sought in Complaint (to 6/13/08): 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 $ 632,880.30 * per diem = $159.15 Plus interest on $603,083.83 from 6/14/08 to 10/21/08 (130 days @ $159.15) $ 20,689.50 TOTAL $ 653,569.80 PAGE 1 OF 2 X I certify that the foregoing assessment of damages is for specified amounts averred to be due in the Complaint and is calculable as a sum certain from the Complaint. X Pursuant to Pa.R.Civ.P. 237 (Notice of Praecipe for Final Judgment or Decree), I certify that a copy of this Praecipe has been mailed to each other party who has appeared in this action or to his/her attorney of record. X Pursuant to Pa.R.Civ.P. 23!7.1, I certify that written notice of the intention to file this Praecipe was mailed or delivered to the party against whom judgment is to be entered and to his/her attorney of record, if any, after the default occurred and at least ten (10) days prior to the date of the filing of this Praecipe and copies of the Notices and associated Certificates of Mailing are attached. Dated: /? Y & LESAVOY B 4 Z & SEITZ LLC Jack No. 3 7535 Windsor Drive, Suite 200 Allentown, PA 18195' (610) 530-2700 Attorneys for Plaintiff NOW, j0e? dq 7t , 2008, JUDGMENT IS ENTERED AS ABOVE. (i" Pr onot Courts, Civil Division BY: Deputy PAGE 2 OF 2 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA UNITY BANK, Plaintiff V. HABITAT FOR FUTURE BUILDING, LLC, Defendant No. 08-3918 IMPORTANT NOTICE TO: HABITAT FOR FUTURE BUILDING, LLC Date of Notice: September 29, 2008 c/o Tanisha A. Grandberry 404 Silver Spring Road Mechanicsburg, PA 17050 YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. 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. LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 S. BEDFORD ST. CARLISLE, PA 17013 SEITZ LLC $, Esq. o.37026 sor Dr., Suite 200 PA 18195 (610) 530-2700 Attorneys for Unity Bank U.S. POSTAL SERVICE CERTIFICATE OF VA ROVIDe" JACK M SEITZ ESQ Rea*, LESAVOY BUTZ & SEITZ LLC ONE WINDSOR PLAZA ---+ 7535 WINDSOR DR SUITE 200 ALLENTOWN PA 18195-1034 One piece of Irdin f mail ad to: I -- f Q I (T10>ri llmi c PS Form 3817, January 2001 ?iv, I -LOI' i LI -l )od 40 y o8. o ?n LESAVOY BUTZ & SEIT`Z ATTORNEYS AT LAW September 29, 2008 Habitat for Future Building, LLC c/o Ms. Tanisha A. Grandberry 404 Silver Spring Road Mechanicsburg, PA 17050 Re: Unity Bank v. Habitat for Future Building, LLC Case No. 08-3918 (Cumberland County, PA) Dear Ms. Grandberry: I enclose a Notice pursuant to Pa.R.C.P. 237.1. Very truly yours, ck M. Seit JMS/srb Enclosure cc (w/o enc.): Michelle S. Kirmser, V.P. 7535 Windsor Drive • Suite 200 • Allentown,oPA 18195-1034 610.530.2700 • 610.530.2727 Fax • JSeitz@LesavoyButz.com IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA UNITY BANK, Plaintiff V. HABITAT FOR FUTURE BUILDING, LLC, Defendant No. 08-3918 IMPORTANT NOTICE TO: HABITAT FOR FUTURE BUILDING, LLC Date of Notice: September 29, 2008 c/o Tanisha A. Grandberry 323 40`h Street Copiague, NY 11726 YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. 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. LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 S. BEDFORD ST. CARLISLE, PA 17013 LESAVOY, BUTZ & SEITZ LLC Jac 'Seitz Esq. Aft a o. 7026 7535 Win r Dr., Suite 200 Allentown, PA 18195 (610) 530-2700 Attorneys for Unity Bank U.S. POSTAL SERVICE CERTIFICATE OF MARA P' JACK M SEITZ ESQ l LESAVOY BUTZ & SEITZ LLC QNE WINDSOR PLAZA 7535 WINDSOR DR SUITE 200 ALLENTOWN PA 18195-1034 One piece or kwry mM addressed to: -lure T c5a3 40'A5# Cc4aaa ue. NY, 11 "72So PS Form 3817, Jahuary Mol Vol "a o? 0 LESAVOY BUTZ & SEITZ ATTORNEYS AT LAW LLC September 29, 2008 Habitat for Future Building, LLC c/o Ms. Tanisha A. Grandberry 323 40`' St. Copiague, NY 11726 Re: Unity Bank v. Habitat for Future Building, LLC Case No. 08-3918 (Cumberland County, PA) Dear Ms. Grandberry: I enclose a Notice pursuant to Pa.R.C.P. 237.1. 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 • )Seitz@LesavoyButz.com IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA UNITY BANK, Plaintiff ) V. ) No. 08-3918 HABITAT FOR FUTURE BUILDING, LLC, ) Defendant ) AFFIDAVIT OF NON-MILITARY SERVICE I hereby certify that, to the best of my knowledge, information and belief, Defendant is not a member of the military of the United States of America or its allies and are not entitled to relief under the provisions of the Solders and Sailors Relief Act of 1940, 50 U.S.C. § 520. Dated: 16 --L k v O's LESAVQY BUTZ 4 SEITZ LLC Jack M. S tz, E uire Attorney o. 370 One Winds a 7535 Windsor Drive, Suite 200 Allentown, PA 18195 (610) 530-2700 Attorneys for Plaintiff Sworn and subscribed to before me this e e day of '2008 Notafy Public Seal iotary County Lehigh ?ires Jan. 13, 2009 Pgmsy?vaP Ada lon of Nola Member, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA UNITY BANK, Plaintiff V. HABITAT FOR FUTURE BUILDING, LLC, Defendant No. 08-3918 CERTIFICATION OF PARTIES' ADDRESSES I, Jack M. Seitz, Esquire, hereby certify as follows: 1. Plaintiffs address is: Unity Bank , 64 Old Highway, 22 Clinton, NJ. 08809 2. Defendant's last known addresses are as follows: Habitat For Future Building, LLC c/o Tanisha A. Grandberry 404 Silver Spring Road Mechanicsburg, PA 17050 Habitat For Future Building, LLC c/o Tanisha A. Grandberry 323 40'" St. Copiague, NY 11726 Dated: )0--7,t - 6e,? LESAVOX BUTZ & SEITZ LLC ttorne o. 37026 Sworn and subscribed to before me this One mdsor Plaza 7535 Windsor Drive, Suite 200 C?Z>-?day of a,,4 , 2008 Allentown, PA 18195 (610) 530-2700 No Public Attorneys for Plaintiff [Upper MMONV `tiSYLVANTA Stella BlasuF;, (votary Public Macungje Twp.Lehigh County Y Commission Explres Jan. 13, 2009 Member, Pennsvlvania Asaodsa;n„ .r u ..a. _ c: a P C-) - J ? ? IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA UNITY BANK, ) Plaintiff ) V. ) No. 08-3918 HABITAT FOR FUTURE BUILDING, LLC, ) Defendant ) NOTICE OF FILING JUDGMENT Notice is hereby given that a judgment has been entered against you in the amount of $653,569.80 on _ -,+ bl,J*k , 2008. Copies of all documents filed with the Prothonotary/Clerk of Courts, Civil Division, in support of the within judgment are enclosed. P onotary/ o Co s, Civil Division BY: If you have any questions regarding this Notice, please contact the filing party: Jack M. Seitz, Esquire Attorney No. 37026 One Windsor Plaza 7535 Windsor Drive, Suite 200 Allentown, PA 18195 (610) 530-2700 (This Notice is given in accordance with Pa.R.Civ.P. 236)