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HomeMy WebLinkAbout08-7170IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PNC BANK, NATIONAL ASSOCIATION, ) vs. MALEC'S PETS, INC., Plaintiff, Defendant. Pursuant to the authority of which is attached as Exhibit "A" in the Warrant of Attorney contained in the Note, a copy the complaint filed in this action, the undersigned attorney hereby appears for Defendant and; confesses judgment in favor of Plaintiff, PNC BANK, NATIONAL ASSOCIATION, and against Defendant as follows: Principal Debt $ 40,626.98 Interest through 10/27/08 1,227.02 Attorney's Commission 4.185.40 Total II $ 46.039.40 ~'~ .-- ~! By Ceti-~v~.~ _ 'U'~' Donna M. Donaher, Esquire Attorney for PNC Bank, National Association THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PNC BANK, NATIONAL ASSOCIATION, Plaintiff, vs. CIVIL DIVISION NO. COMPLAINT IN CONFESSION OF JUDGMENT MALEC'S PETS, INC., Defendant. Code: Counsel of Record for This Party: Donna M. Donaher, Esquire Pa. I.D. #53165 TUCKER ARENSBERG, P.C. Firm #287 1500 One PPG Place Pittsburgh, PA 15222 (412) 566-1212 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PNC BANK, NATIONAL ASSOCIATION, Plaintiff, vs. MALEC'S PETS, INC., Defendant. COM AND NOW, comes the its counsel, Tucker Arensberg, P.C., stating as follows: No. PNC BANK, NATIONAL ASSOCIATION, by and through files this Complaint confessing judgment in its favor, 1. Plaintiff, PNC BANK, ATIONAL ASSOCIATION ("PNCB"), is a national banking association organized under the laws f the United States and a citizen of Pennsylvania, with its main office located at Fifth Avenue and Wood Street, Pittsburgh, Pennsylvania. 2. Defendant is Malec's Lemoyne, PA 17043. 3. Defendant, on thereby promised prompt and p and correct copy of said Note is 4. By the Note, De' together with interest thereon in the 5. There has been no Inc., whose last known address is 1200 Market Street, ber 3, 2005, executed a Promissory Note ("Note") and ~I payment of the indebtedness due under the Note. A true hereto, incorporated herein and labeled Exhibit "A". ,promised to pay Plaintiff the principal sum of $61,000.00 nner provided by the Note. ~nment of the Note. 6. Judgment has not b en entered on the Note in any jurisdiction against the Defendant. 7. The judgment by co ession sought by PNCB in this Complaint is not being entered against a natural person in co nection with a consumer credit transaction. I 8. By Warrant of Attorney contained in the Note, Defendant authorized entry of judgment by confession. 9. Pursuant to the Warrant of Attorney executed by Defendant, Defendant waived the i benefit of all laws exempting real or p~rsonal property from execution. 10. Pursuant to the Warra t of Attorney contained in the Note, judgment may now be entered against Defendant as paym nt was not made when due creating an event of default under the Note and, accelerating all a ounts due. The Warrant of Attorney also allows judgment to be entered as of any term. 11. Under the Note, the fol owing amounts are now due by Defendant to PNCB: Principal Debt $ 40,626.98 Interest through 10/27/08 Attorney's Total 12. Under the terms of 1, 227.02 mission 4,185.40 $ 46.039.40 the Note, Defendant is liable to PNCB for attorney's commission of ten percent for collecti n. WHEREFORE, Plaintiff, PNC ,demands that a judgment be entered against Defendant as authorized in the Warrant of Attorney contained in the Note, in the sum of $46,039.40, together with interest and costs of suit. TUCKER ARENSBERG, P.C. ey . ~~ Donna M. Donaher, Esquire 1500 One PPG Place '~, Pittsburgh, PA 15222 (412) 566-1212 -2- C~~ c? ~~~~~~~>r 6~J~~ References in the shaded area are for Lender's use o~hly and do not limit the applicability of this document t0 any particular loan or item. Anv item above containing ' ° ° °' has been omitted due to text length limitations. ~vvoHN~v: RAALEC'S PETS, IN1C. [SSW: 20-9 2649 14 B.tfftder: PNC Bank, Nationd Associatiion 1200 MARKET ST B~n~ Banff LEMOYNE. PA 17043 1600 Market StreeB ,.~~. ~ Philadelphia. PA 19103 Principal Attloun4: $0.000.00 PROMISE TO PA~7. f1AALEC'S PETS. INC. ("Borcower" of tM UNted States of America, the prineipd amount of 6.50096 per annum on the unpdd principal balartco PAYMENT: Borcowar wiH pay this loan In 60 paymem all sttbsegttent payrarb sro dw on tM rertN day of wiQ bs for d prineipd and aN secrwd ittosrest not ye applicable law. payments wiN be appied first to any a any Ise charges. The snood interost rata for this N rate owr a year of 360 days, rrMrleipP+ed by ttte oubt outstartdMtg. The level payment amount is calculated there is any variation in the actual payment dates, schedule provided to Borcower is only an estimate, ar Borrower will pry Lsruisr at lender's addross shovam a PREPAYMENT. Borrower may pay without penalty a agrosd to by tender in writing, rolieve Borrower of B early payments will reduce the principal balance duo a payments marked "paid in full", °without recourse', k)sing any of Lender's rights under this Note, and I communications concerning disputed amounts, incltr °payment in full° of the amount owed or that is tends maibd or delivered to: PNC Bank. National Associatic LATE CHARGE. If a payment is 15 days or more whichever is less. 9nferesft data: 6.5000 , Dade of Not®: November 3, 2005 promisee to pay to PNC Bank, National Asaociatior- I"Lender'(. or order, in lawful moray f Sixty~ne Thousand &001100 Dollars (!61,000.001, together with interest M the ret® om November 3. 2005, wttll paid in fuN. of 51,199.31 each payrrtsrtt. Borcovwr's first pay[[[er[ is dw Oecembar 18. 2005. and ~Ch rarth attar that. Borrower's find paymwtt wIN 4e dw on November 18, 2010, and paid. Payments YteNtde prNtcipat and interest. UMuss otherwise agroud or regttked by arwd unpaid irttureet: [hart to prktetpsi; then m any unpaid eoNeetiion coats: and then to n is wmputed on a 3851360 basis: that is. by applyftq tie ratio of tM snood kKerast tdYtg principal bdance, rwtltiplisd by the acwal rttanber of days tfte principal balattce is n the assumption that each periodic payment will be made on the data when due, and if rere may be ~ additional amount due upon maturity of this Nota. Any amo-tixation is superseded by the terms of this Note regarding tt-e estrus( and payment of interest. 0ve or at such other phce as Lender may dssipnate in writbtg. or a portion of the amount awed earlier than it is due. Early payments will not, unless rower's obligation to continue to make payments under the payment schedule. Rather, d may resuh in Borrower's making fewer payments. Borrower agrees not to send lender it similar language. If Borrower sends such a payment, Lender may accept it without grower will remain obNgated to pay any further amount owed Yo Lender. All written tg any check or other payment instrument that indicates that the payment constitutes d whh other conditions or limitations or as full satisfaction of a diaputsd amount must be Attn: P5-PCLC°01-H , 2730 LIBERTY AVENUE PITTSBURGH, PA 15222. ;e, Borrower will be charged 5.000% of tits regularly acfiedulsd payment or 5100.00, -- -llifT'HtEST AFTER DEFAULT.-"Upon dttfaulf, including allure to-pay upon final maturity, Lender, st its-apfwn; mays -if permitted undeF applicable Isw, increase the interest rate on this Note 5.000Lrercantage points. The interest rate will not exceed the maximum rate permitted by applicable law. If judgment is entered in connection with this Note, interest will continue to accrue on this Note after judgment at the existing interest rate provided fir in this Note. DEFAULT. Each of the following shall constitute an e Payment Dufault. Borcower fails eo make any pa Other taafauhs. Borrower or Grantor fails to col Note or in any of the related documents or to ct agreement between Lender and Borrower. i Defauh in Favor of Third Pardus. Borrower or sales agreement, or any other agreement, in fav Borrower's ability to repay this Note or perform i Fdss Statements. Any warranty, representatioi Note or the related docunents is false or mislee or misleading at any time thereafter. of default 1°Event of Default°I under [fits Note: it when duo. with or to perform any other term, obligation, covenant or condition contained In this with or to perform any term, obligation, covenant or condition contained in any other ny Grantor defaults under any loan, extension of credit, security agreement, purchase ar ~r of any other creditor or person that may materially affect any of Borrower's property or orcower's obligations under this Note or any of the related documents. or statement made or furnished to Lender by Borrower or on Borcower's behalf under this ling In any material respect, either now or at the time made or hxnished or becomes false ktaohreney. The dissolution or termination of mower's existence as a going business, the insolvency of Borrower, the appointment of a receiver for any part of Borcowet's property, any assignment for the benefit of creditors, any type of creditor workout, or the commencame»t of any proceeding under any b kruptcy or insolvency laws by o- agairut Borrower. Croditor or Forfsinxs Proceedings. Comment ant of foreclosure or forfeiture proceedings, whether by judicial proceeding, self-help, repossession or any other method, by any cred for of Borrower or by any govemmantd agency against any colktaral securing the loan. This includes a garnishment of any of Borrower' accounts, including deposit accounts, with Lender. However, this Event of Default shall not apply if there is a good faith dispute by Bor war as to the validity or resaonableness of the claim which is the basis of the creditor or forfeiture proceeding and if Borrower gives lend r written notice of the creditor or forfeiture proceeding end deposits with Lender monies or a surety bond for the creditor or forfeiture pro ceding, in an amount determined by Lander, in its solo discretion, as being an adequate reserve pr, bond for the dispute. Event tPf(ecting Guaramor. Any of the pre ding events occurs with respect to any Guarantor of any of the indebtedness or any Guarantor dies or becomes incompetent, or r yokes or disputes the validity of, or liability under, any guaranty of the indebtedness evidenced by this Note. Chsngo Iru O+smeeahip. Any change in ownershi of twenty-five percent 125%) or more of the common stack of Borrower. Adverse Chang®. A material adverse change ccurs in Borrower°s financial condition, or Lender believes the prospect of payment or performance of this Note is impaired. ktsecurity. Lender in good faith believes itself in score. LEWDE44'S RIGt•9TS. Upon default, Lender may, a er giving EXHIBIT able law, declare the entire unpaid principa! balance on this Note and all accrued unpaid interest i mediately ro°r~er will pay that amount. ~• ~ ~, ATTORNEYS' FEES; EkiPE1dSES. Lender may hire r pay so ~, if Borrower does not pay. 9orrower will gay { , yTU {: 2.GE4 f~i;~3~ti~i19~~~~~ o~9i~ u C L®arn R9®: `d ~tl~~~`j ~ ~(~®PE46ff~iiD®~~ ~~e ~ ~ Lender that amount. This includes, subject to any limi ~ under applicable Paw, Lender's attorneys' fees and Lendev'a legal expenses, whether or not there is a lawsuit, including attorneys' fees, expe es for bankruptcy proceedings tincluding efforts to modify or vacate any automatic stay i or injunction}, appeals and any anticipated post-Judge ant collection services. If not prohibited by applicable law, Borrower also will pay any court costs, in addition Yo all other sums provided by la WAIVER OF JURY TRIAL. THE BORROIfifER IRREV ABLY WARlES A{aY ARID ALL RIGHTS THE BORROWER RAAY HAVE TO A TRIAL BY JURY Nd ANY ACTION. PROCEEDING OR CLAIM OF Y NATURE REL~.TING TO THIS NOTE, ANY DOCUMENTS EXECUTED M CONNECTION WITH THIS NOTE OR ANY TRANSACTION CONTEM TED IN ARTY OF SUCH DOCUMEilITS. THE BORROWER ACKNOWLEDGES TF1AT THE i FOREGOING WAIVER IS KNOWING AND VOLUNTARY GOVERNING LAW. This Not® s~ be governed by ral laev appGeable Yo Lenrliar and, to firm ®xtarrt not preempuad by tadwal law, the laws or the Cammornwahh o9 Pannsyhranea rro$}totet regard to iSS eonfllt:ts of laear paoviaaons. This Nat® has been accepted by Lendsr in tho CommottwtaNdt of Penrrsyhrarrls. ~ CHOICE OF VENUE. If there is a lawsuit, Borrower ,agrees upon Lender's request to submit to the jurisdiction of the courts of Philadelphia ! County, Commonwealth of Pennsylvania. ~ RIGHT OF SETOFF. In additron to all Gans upon and ghts of setoff against Borrower's money, securities or other property given to Lender by law, Lander shall have, with respect to Borrower's ligations to Lender under this Note and to the extent permitted by Isw, a contractual possessory security interest in and a contractual right of setoff against, and Borrower hereby assigns, conveys, delivers, pledges and usnsters to Lender all of Borrower's right, title and interest in a to, all of Borrower's deposits, moneys, securities and other property now or hereafter in the posaesslon of or on deposit with, or in transit t ,Lender or any other direct or indirect subsidiary of The PNC Financial Services Group, Inc., whether held in a general or special account o deposit, whether held jointly with someone else, or whether held for safekeeping or otherwise, excluding, however, all IRA, Keogh, and tr st accounts. Every such security interest and right of setoff may be exercised without demand upon or notice to Borrower. Every such rightlof setoff shall be deemed to have bean exercised immediately upon the occurrence of an Event of Default hereunder without any action of Lender, although Lender may enter such setoff on its books and records at a later time. COLLATERAL. Borrower aclsnowledges this Nota is~ secured by the following collateral described in the security instrument listed herein: ~ inventory, chattel paper, accounts, equipment, gaper I intangibles and consumer goods described in a Commercial Security Agreement dated November 3, 2005. FINANCJAL N1IFORMATION PROVISIOR9. Borrower ag ees to deliver any financial and other business information concerning Borrower that Lender nay request from time to time, such as ann ai and Interim financial statements (all of which shall be prepared in accordance with i generally accepted accounting principles) and federal i ome tax returns. DEPOSRORY. Borrower will establish and maintain, w th Lender, Borrower's primary depository account(s1. ff Borrower fails to establish and/or maintain its primary depository accountlsl with Lender Lender may, at its option, upon thirty (301 days notice to Borrower, increase the interest rate payable by Borrower under this Note by up to t. percentage points {1.0095). Lender's right to increase the interest rate pursuant to this paragraph shall be in addition to any other rights or r edies Lender may have under this Note, all of which are hereby reserved, and shall not constitute a waiver, release or limitation upon Lender's exercise of any such rights or remedies. - - ~ - ~~'-AtiTOMATIC DEBtT # PAYMENTS.The~Bdrrowbf h~i~tiy authorises tFie tendii? fo cha~geiFie Borrower's deposit account at the Lender for any payment when due hereunder. If the Borrower revoke this authoraation for any reason whatsoever or fails to maintaa a deposit account with the lender which may be charged, the Lender may, at,its option, upon thirty (30- days notice to the Borrower, increase the interest rate payable by the Borrower under this Note by twenty-five (251 basis points (0.25961. SUCCESSOR INTERESTS. The terms ofi this Note 'hall be binding upon Borrower, and upon Borrower's heirs, personal representatives, successors and assigns, and shall inure to ehe benefit f Lender and its successors and assigns. GENERAL PROVISIONS. Lender may delay or forgo a forcing any of its rights or remedies under this Note witftout losing them. Borrower and any other person who signs, guarantees or endorses this Note, to the extent Mowed by law, waive presentment, demand for payment, and notice of dishonor. Upon any change in the terms of his Note, and unless otferwise expressly stated in writing, no party who signs iftis Note, whether as maker, guarantor, accommodation maker r endorser, shall be released from Lability. All such parties agree that Lender may renew or extend trepeetedly and for arty length of time) this I an or release any party or guarantor or collateral; or impair, fail to realize upon or pertect Lender's security interest in the collateral; and take a y other action deemed necessary by lender without the consent of or notice to anyone. All such parties also agree that Lender may modify loan without the consent of or notice to anyone other than the party with whom the ~ modification is made. The obligations under this No a are joint and several. If any portion of this Note is for any reason determined to be unenforceable, it will not affect the enforceability of a y other provisions of this Note. CONFESSION OF JUDGEMENT. THE BORROWER EREBY EMPOWERS ANY ATTORNEY OF ANY COURT # RECORD, AFTER THE OCCURRENCE Of ANY EVENT OF DEFAULT HEREU DER, TO APPEAR FOR THE BORROWER AND, WITH OR WRHOUT COMPLAINT FILEO, CONFESS JUDGMENT, OR A SERIES Of JUDGMENT ,AGAINST THE BORROWER IN FAVOR OF LENDER OR ANY HOLDER HEREOF FOR THE ENTIRE PRINCIPAL BALANCE OF THIS NOTE, ALL CCRUED INTEREST AND AL! OTHER AMOUNTS DUE HEREUNDER, TOGETHER WITH COSTS OF SUIT ANO AN ATTORNEY'S COMMISSI OF THE GREATER OF 10% OF SUCH PRINCIPAL AND INTEREST OR S1,000 ADDED AS A REASONABLE ATTORNEY'S FEE, AND FOR DOI G SO, THIS NOTE OR A COPY VERIRED BY AFfIDAVIT SHALL BE A SUFRCIENT WARRANT. THE BORROWER HERE$Y FOREVER WA ES AND RELEASES ALL ERRORS IN SAID PROCEEDINGS AND ALL RIGHTS OF APPEAL AND ALL RELIEF FROM ANY ANO ALL APPRAIS ENT, STAY OR EXEMPTION LAWS OF ANY STATE NOW Bm FORCE OR HEREAFTER ENACTED. NYTEREST ON ANY SUCH JUDGMENT SH LL ACCRUE AT THE DEFAULT RATE. NO SINGLE EXERCISE OF THE FOREGOING POWE TO CONFESS JUDGMENT, OR A SERIES OF JUDGMENTS, SMALL BE DEEMED TO EXHAUST THE POWER, WHETHER OR NOT ANY S CH EXERCISE SHALL BE HELD BY ANY COURT TO BE INVALID, VOIDABLE, Oft VOID, BUT THE POWER SHALL CONTINUE UNDIMlNiSHED ~ 1T MAY BE EXERCISED FROM TIME TO TIME AS OFTEN AS LENDER SHALL ELECT UNTIt SUCH TBYIE AS LENDER SHALI HAVE RECEIV D PAYMENT IN FULL OF THE DEBT, INTEREST AND COSTS. NOTWITHSTANDBi1G THE ATTORNEY'S COMMISSION PROVIDED FOR IN THE ECEDING PARAGRAPH fWHICH IS INCLUDED IN THE WARRANT FOR PURPOSES OAF ESTABLISHING A SUM CERTAIN), THE AMOUNT OF ATTORNEYS' FEES THAT LENDER MAY RECOVER FROM THE BORROWER SHALL NOT EXCEED THE ACTUAL ATTORNEYPS' FEES INCURRED BY LENDER. =o E ~5t U~G~C^~~4i9~~~Q1~7 ~®~ i __ PRIOR TO SIGINING Th11S RIOTI:, BORRO~RlER READ AEJD URIDEI3STOOC+ Adl. THE PRi1VlISIOIaS GI: TD-0tS R10TP. SORROFRfER AGREES TO THE TERMS OF THE itlOTE. THIS RIOTE IS GI!lENf UWDER SEQ.! 63R9D IT IS ~7TE6~(ED TWe~T TEdOS F1®TE 15 AE91~ SC~+.461. Ct9F1SY1YlDTE ARIL H6f9E THE EGt~CT ®E ,~ SEALED Ipd.STRUPAEI~T ACCORDIPICa TO LAFR?. III EORROYNERc fkHAIEC~S PEnTS, IPIC. ey~'- d r 1 ~ {S®~II MARGARET 6lAALEC. Presid®n4 of MAI.EC'S PET IWC. ww wa w. u~.auaca aa.. pew ~ ~ ac. nei. xoa. m «~ a.,..ee. • va ~ r f' ~~ 9 ~ =' IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PNC BANK, NATIONAL ASSOCIATION, ) Plaintiff, ) No. vs. ) MALEC'S PETS, INC., ) Defendant. I ) I hereby certify that the Fifth Avenue and Pittsburgh, Penn, and that the last known add 1200 Market Street Lemoyne, PA 17043 address of Plaintiff is: Street 115222 of Defendants is: titi~. ~\ 3y Donna M. Donaher, Esquire Attorney for PNC Bank, National Association IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PNC BANK, NATIONAL ASSOCIATIOIN, ) Plaintiff, ) vs. MALEC'S PETS, INC., Defendant. j TO: Malec's Pets, Inc. 1200 Market Street Lemoyne, PA 17043 No. ~ - ~«~ l.. t U t~~~2. Please take notice that on JVFC _ ~ , 2008, a Judgment by Confession of Judgment, was entered against you inlthe court and at docket term and number set forth above. The amount of the Judgment i~ $46,039.40, plus costs. Pr onotary, C and ounty AFFIDAVIT The undersigned hereby certifies that the judgment to be entered in this action is not being entered against a natural person in ~ connection with a consumer credit transaction. To the contrary, the underlying transaction is ~ commercial transaction. Sworn to and subscribed b~re me this S+ day of w- ~~'~~~ , 2008. r i Notary Pa Ic BANK FIN:339456-1 000011-138539 \(~~, ~~~~. ~_ `~-MCP=}~,~~' Donna M. Donaher, Esquire Attorney for PNC Bank, National Association _.._..J COMMONWEALThI OF PENNSYLVANIA Notari2l Seal Melissa Szalkay, Notary Public City Of Pittsburgh, Allegheny County l\4y Cammission Exgires Oct. 31, 2009 Member, der nrr.,yiv7~:=@~F~ssoriaiic~r= !?f Nota.rieS ACT 105 OF 2000 NOTICE A JUDGMENT HAS BEEN ENTERED AGAINST YOU BY CONFESSION OF JUDGMENT. PURSUANT TO 42 PA. C.S.A. §2737.1, IF YOU WERE INCORRECTLY IDENTIFIED AS A DEFENDANT IN THE COMPLAINT IN CONFESSION OF JUDGMENT, YOU MAY BE ENTITLED TO COSTS AND REASONABLE ATTORNEY FEES AS DETERMINED BY THE COURT. YOU MAY TAKE ACTION TO STRIK THE JUDGMENT BY FOLLOWING THE PROCEDURE IN RULE 2959 WHICH IS AS FOLLO S: PENNSYLVANIA RULE OF CIVIL PROCEDURE 2959 -STRIKING OFF JUDGMENT. (a) (1) Relief From a judgment by confession shall be sought by petition. Except as provided in subparagraph (2), all grounds for r lief 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 hich the judgment has been transferred or in any other county in which the sheriff has receiv d a writ of execution directed to the sheriff to enforce the judgment. (2) The ground that the waiv Ir of the due process rights of notice and hearing was not voluntary, intelligent and knowing sha I be raised only (i) in support of a fu Iher request for a stay of execution where the court has stayed execution despite the timely filing of a petition for relief from the judgment and the presentation of prima facie evidence f a defense; and (ii) as provided by Pennsylvania Rule of Civil Procedure 2958.3 or Rule 2973.3. (3) If written notice is served upon the petitioner pursuant to Rule 2956.1(c)(2) or Rule 2973.1(c), the petition shall be filed ithin thirty days after such service. Unless the defendant can demonstrate that there were co pelting reasons for the delay, a petition not timely filed shall be denied. (b) If the petition states prima facie rounds 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 spe ial order. (c) A party waives all defenses and dbjections which are not included in the petition or answer. (d) The petition and the rule to show cause and the answer shall be served as provided in Rule 440 (see text of Rule 440 reprinted b low). (e) The court shall dispose of th rule on petition and answer, and on any testimony, depositions, admissions and other ev denee. The court for cause shown may stay proceedings on the petition insofar as it seeks to pen the judgment pending disposition of the application to strike off the judgment. If evidence i produced which a jury trial would require the issues to be submitted to the jury the court shall open the judgment. (f) The lien of the judgment or of any levy or attachment shall be preserved while the proceedings to strike off or open the judgment is pending. Rule 440. Service of Legal Papers other than Original Process (a) (1) Copies of all legal papers other than original process filed in an action or served upon any party to an action shall be s~rved upon every other party to the action. Service shall be made (i) by handing or maili g a copy to or leaving a copy for each party at the address of the party's attorney of rec rd endorsed on an appearance or prior pleading of the party, or at such other address as a 'arty may agree, or Note: Such other address as party may agree might include a mailbox in the Prothonotary's office or an e- ail address. For electronic service by means other than facsimile transmission, see R le 205.4(g). (ii) by transmitting a ca',py by facsimile to the party's attorney of record as provided by subdivision (d). (2) (i) If there is no attorndy of record, service shall be made by handing a copy to the party or by mailing a copy to or le~ving a copy for the party at the address endorsed on an appearance or prior pleading or the r sidence or place of business of the party, or by transmitting a copy by facsimile as pr~vided by subdivision (d). (ii) If such service can of be made, service shall be made by leaving a copy at or mailing a copy to the last known addr ss of the party to be served. Note: This rule applies to the ervice upon a party of all legal papers other than original process and includes, but is n t limited to, all other pleadings as well as motions, petitions, answers thereto, rul s, notices, interrogatories and answers thereto. Original process is served under Rule 00 et seq. (b) Service by mail of legal papers otf~er than original process is complete upon mailing. (c) If service of legal papers other tha original process is to be made by the sheriff, he shall notify by ordinary mail the party requ sting service to be made that service has or has not been made upon a named party or person. BANK FIN:339456-1 000011-138539 .. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PNC BANK, NATIONAL ASSOCIATICGN, Plaintiff, vs. MALEC'S PETS, INC., ', Defendant. No. AFFIDAVIT I, Darnella Ganaway, Attorne Relations Manager, PNC Bank, National Association, hereby certify that the facts set forth i the foregoing Complaint in Confession of Judgment are true and correct to the best of my kn wledge, information and belief; that the Exhibits attached to the Complaint in Confession of Judgment are true and correct copies of the originals; and that the Borrower is in default under the Dotes (as those are defined in the Complaint); that the underlying transactions giving rise to credit transactions against a natural ~ action are commercial in nature and are not consumer n; and that I am authorized to make this Affidavit. C Swom to and subscribed before me this day of , 2008. /' Notary Public ~ My commission expires: //'~~ l/ BANK_FIN:339458-1000011-138539 I Association Relations GpMMONWEALTH OF PENNSYLVANIA NobMal 3N1 Ov~dolyn Robison, Nobuy Public Camapie Born, ANpheny COY My Commbsion ExpMss Nov. 0, 2011 Member, Penrtsvlvanla Aseodatbn of NotaRlss VERIFICATION The undersigned, Darnella Ganaway, hereby verifies the statements of fact contained in the attached Complaint in Confessi n of Judgment to be true and correct according to her personal knowledge, information and belief, and further pledges that this verification is made subject to the penalties of 18 Pa. C.S. . §4904 relating to unsworn falsification to authorities. Date: ~ ~ ~ ` ~ a By: Attorney Relations Manager o_ `U 1' ~ ~ f'a ~' ~ ~ ~ ~ ~ N b Q _ J ~~ {~' ~- Q ~, ~ , ",~ - ~ ~ £ :, f_a -~ -.; ~ :_ -~ ~ ~ ~ ~ ~