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Home My WebLink About09-2681NORTHWEST SAVINGS BANK, Plaintiff VS. FRANK P. TROHA 3q 14. . M&a & `% Defendant 9+ Mar4k PA 1.jo'11 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. (}q- 01b8l a-tv;l Term PRAECIPE TO TRANSFER JUDGMENT TO THE PROTHONOTARY: Enter judgment against the Defendant, Frank P. Troha, in the amount of $18,234.97 in accordance with the attached certified copy of the docket entries and the certification of amount of judgment of Case No. 2007-401 of Elk County, and index said judgment against the Defendant. Interest continues to accrue at the contract rate until paid in full. Costs and attorney's fees also continue to accrue. Respectfully submitted, KNOX McLAUGHLIN GORNALL & SENNETT, P.C. >51G?11a squire 120 West Tenth Street Erie, PA 16501-1461 (814) 459-2800 PA I.D. No. 63199 Attorneys for Plaintiff, Northwest Savings Bank # 833568.v1 NORTHWEST SAVINGS BANK, Plaintiff vs. FRANK P. TROHA, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. CERTIFICATION I hereby certify that the judgment initially entered in Elk County is in the amount of $18,234.97, as reflected on the certified copy of the docket entries of Elk County, attached hereto and made a part hereof. Respectfully submitted, KNOX McLAUGHLIN GORNALL & SENNETT, P.C. By: Claypo squi 120 West Tenth Street Erie, PA 16501-1461 (814) 459-2800 PA I.D. No. 63199 Attorneys for Plaintiff, Northwest Savings Bank # 833568.0 COMMONWEALTH OF PENNSYLVANIA County of Elk ss. I, David A. Frey , Prothonotary in andfor as the same remains of record in the Prothonotary's Office at No. 2007-401 said County, do hereby certify that the foregoing is a full, true and correct copy. IN TES I7MONY WHEREOF, I have hereunto set my hand and official seal this sixteenth (16) day of April A. D. pg 2009 C Prothonotary I, Richard A. Masson , President Judge of the Fifty-Ninth Judicial District, David A. Frey composed of the Counties of Elk and Cameron do certify that by whom the annexed record, certificate and attestation were made and given, and who in his own proper handwriting, thereunto subscribed his name and affixed the seal of the Prothonotary of said County was at the time of so doing and now is Prothonotary in and for said county of Elk in the Commonwealth of Pennsylvania, duly commissioned and qualified, to all of whose acts as such full faith and credit are and ought to be given as well in Courts ofjudicature elsewhere, and that the said record, certificates and attestation are in dueform of law, and made by the proper oftw. / l A . AA I President Judge COMMONWEALTH OF PENNSYLVANIA ` ss. County of E& I, David A. Frey , Prothonotary of the Court of Common Pleas in andfor said County, do certify that the Honorable Richard A. Masson , by whom the foregoing attestation was made, and who has hereunto subscribed his name was at the time of making thereof and still is President Judge of the Court of Common Pleas, Orphans' Court and Criminal Court in and for said County, duly commissioned and quali*& to all whose acts as such full faith and credit are and ought to be given, as well in Courts ofjudicature or elsewhere IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seal of said Court, this twentieth (20) of April -,A.D. is 2009 day .. Prothonotary oog 9 2 O 'o (? U- CJ ? C F; S tz-? > o Z coo o I ® U) H 4-I H 4-) p H 41 Q, ?V 171 ®VN °+- C • ri p Z 0) 0) Y z r1 a a w 44 a R 0 UW C4 A O W O w r a ga U U W 08502204172009 Elk County Prothonotary Page 1 PYS510 Civil Case Print 2007-00401 NORTHWEST SAVINGS BANK (vs) FRANK P TROHA Reference No... Filed......... 5/14/2007 Case Type...... COMPLAINT Time.......... 8:30 Judgment.;.... 20518.43 Execution Date 3/02/2009 Judge Assigned: Jury Trial.... Disposed Desc.: Disposed Date. 0/00/0000 ------------ Case Comments ------------- Higher Crt 1.. Higher Crt 2.. ******************************************************************************** General Index Attorney Info NORTHWEST SAVINGS BANK PLAINTIFF CLAYPOOL MARK G 100 LIBERTY STREET DRAWER 128 ? rtffied to be a full, true end correct q WARREN PA 16365 Y? the original in my owlody. TROHA FRANK P DEFENDANT . C1,.! 39 N ST MARYS STREET D-,td: q Q 0 ST MARYS PA 15857 nest: Oierk Judgment Index Amount Date Desc TROHA FRANK P 18,234.97 3%02%2009 WRIT EEXC/LISAPLENDENS OHIO HARLEYSVILLE INSURANCE 3%022009 ******************************************************************************** * Date Entries ******************************************************************************** - - - - - - - - - - - - - FIRST ENTRY - - - - - - - - - - - - - - 5/14/2007 COMPLAINT FILED BY MARK G CLAYPOOL, ESQ., ATTORNEY FOR PLAINTIFF. ------------------------------------------------------------------- 5/22/2007 AFFIDAVIT OF SERVICE FILED BY SHERIFF DEPUTY SHRF EARL C PONTIOUS SERVED COMPLAINT ON FRANK P TROHA 0 ELK CO SHRF-S OFFICE 5-18-07 2:20 PM. SO ANSWERS, SHRF JEFFREY KRIEG ------------------------------------------------------------------- 6/29/2007 IMPORTANT NOTICE OF INTWION TO ENTER DEFAULT JDGT DATED 6-12-07 FILED BY ATTY FOR PLTF CERTIFICATE OF MAILING. ------------------------------------------------------------------- 6/29/2007 PRAECIPE FOR ENTRY OF DEFAULT JUDGMENT IN FAVOR OF PLTF & AGAINST DEFT IN AMT OF $201. 518.43 PLUS INT @ NO RATE FEES & COSTS FOR FAILURE TO ANSWER FLD BY ATTY FOR PLTF W VERTI'ICATION OF ADDRESSES OF PLTF & DEFT, NON-MILITARY SERVICE OF EFT. ------------------------------------------------------------------- 6/29/2007 NOTICE & COPY OF JUDGMENT MAILED TO DEFENDANT. ------------------------------------------------------------------- 3/02/2009 AFFIDAVIT OF MAILING OF LAST KNOWN ADDRESS OF DEFT FILED BY ATTY FOR PLTF. ------------------------------------------------------------------- 3/02/2009 AFFIDAVIT OF NON MILITARY SERVICE OF DEFT FILED BY ATTY FOR PLTF. ------------------------------------------------------------------- 3/02/2009 PRAECIPE FOR WRIT OF EXECUTION (MONEY JDGT) FLD BY ATTY FOR PLTF. SAME DAY WRIT ISSUED AGAINST NAMED DEFT & AGAINST OHIO CASUALTY GROUP & kARLEYSVILLE INSURANCE GARNISHEE(S) AS LIS PENDENS AGAINST REAL PROPERTY OF DEFT fN NAME OF GARNISHEE(S), JDGT AMT $18,234.97, ELK CO COSTS $127.00. ------------------------------------------------------------------- 3/19/2009 AFFIDAVIT OF SERVICE FILED BY SHERIFF CHIEF DEPUTY SHRF THERESA L NICKLAS DEPUTIZED THE SHRF OF MONTGOMERY CO TO SERVE WRIT OF EXECUTION & INTEROGATORIES ON HARLEYSVILLE INSURANCE AS GARNISHEE FOR FRANK P. TROHA (SEE ATTACHED AFFIDVIT). ------------------------------------------------------------------- 4/16/2009 EXEMPLIFICATION OF RECORD REQQEUSTED BY LETTER DATED 4-14-09 FILED BY ATTY FOR PLAINTIFF TO TRANSFER JDGT TO CUMBERLAND COUNTY. ------------------------------------------------------------------- 4/16/2009 EXEMPLIFICATION OF RECORD REQUESTED BY LETTER DATED 4-16-09 FILED BY ATTY FOR PLAINTIFF TO TRANSFER JDGT TO MONTGOMERY COUNTY. - - - - - - - - - - - - - - LAST ENTRY - - - - - - - - - - - - - - ******************************************************************************** * Escrow Info ation * Fees & Debits Beg Bal Pymts/Adj End Bal .o 61) 16 KNOX W-I.AUGHI.IN GORNALL & SENNEfT Attorneys & Counselors A Professional Corporation Elk County Prothonotary April 14, 2009 Brenda Urban Bankruptcy Paralegal burban@kmgslaw.com 120 west Tenth street 240 Main Street Erie, PenorAvanis 16501-1461 814-459-2800 P.O. Box 237 814-453-4530(0 Ridgway, PA 15853 www.kmgslaw.com RICHARD H. ZAMBOLDI JACK M. GORNALL RE: Northwest Savings Bank vs. Frank P. Tro a HARRY K. THOMAS Elk County Case No. 2007-401 JAMES S. BRYAN" MICHAEL A. FETZNER' MICHAEL J. VISNOSKY Dear Sir or Madam: DONALD E WRIGHT, JR RICHARD W. PERHACS ROBERT G.DWYER Attorney Claypool entered a Judgment against Frank P. Troha in E CHRISTINE HALL McCLURE R. PERRIN BAKER County. We would like to transfer the Judgment to Cumberland County, and CARL N.MOORE will need an exemplification to attach to the paperwork. Please provide me DAVID M. MOSIER THOMAS A. TUPITZA with an exemplification in the enclosed self-addressed stamped envelope. E GUY C. BRIAN GLOWA CKl` Enclosed is a check in the amount of $16.50 in payment of your fees. BRIAN GLOWA FRANCIS J. KLEMENSIC TIMOTHY M. SENNETT 'Thank you for your assistance with this matter. Should you have any JEFFREY D.SCIBETTA MARK T.WASSELLt questions, please do not hesitate to contact me. RICHARD A. LANZILLO JOANNA K. BUDDE PETER A. PENTZ MARK G. CLAYPOOL very truly yours, THOMAS C. HOFFMAN II MARK J.KUHAR TIMOTHY M. ZIEZIULA KNOX McLAUGHLIN GORNALL & MARK ARK E A..DENLI E NR SENNETT, P.C. M JEROME C. . WEGLER WEGLEY PETER W. YOARS, JR.- 1 TRACEY D. BOWES BV BRYAN G. BAUMANN Brenda Urban, Paralegal to Attorney NEAL R. DEVLIN JOSEPH F. GULA.IH+ Mark G. Claypool NADIA A. HAVARD- ELLIOTT 1. EHRENREICH TIMOTHY S. WACHTER TIMOTHY D.IANNINI # 833541.v1 JEREMY T. TOMAN JULIA M. W ERNER Of Counsel HARVEY D. McCLURE . Also Bccnwd to practice in New Yw1c I Also licensed to practice in Ohio + Registered Patent AttenwT 11 Park Sheet L E North East. Pennsylvania 16428 9902 North Meadville Street Crane"Ille, Pennsylvania 16410 509 North Main Street Am ' C Jamestown, New York 14701 AM ?/ 2008 ?0 MurlY I ( PROTHONOTARY AFiFIDAVIT OF SERVICE Northwest Savings Bank IN THE COURT OF COMMON PLEAS OF ELK COUNTY vs. Frank P. Troha STATE OF PENNSYLVANIA COUNTY OF ELK No. 07-401 Theresa L. Nicklas, Chief Deputy Sheriff, being duly sworn according to law, deposes and says, on March 9, 2009 she deputized the Sheriff of Montgomery County to serve Harleysville Insurance as garnishee for Frank P. Troha. (See attached Affidavit) Theresa L. Nicklas, Chief Deputy Sheriff, being duly sworn according to law, deposes and says, on March 9, 2009 she deputized the Sheriff of Cumberland County to serve Ohio Casualty as garnishee for Frank P. Troha. (See attached Affidavit) Theresa L. Nicklas, Chief Deputy Sheriff, being duly sworn according to law, deposes and says, on March 12, 2009 she was advised by Sherry of the Cumberland County Sheriff's Office they would not serve garnishee as the Writ was not indexed in their county per Ed Shorp, their solicitor. She also stated they would not complete an affidavit indicating their position but would only return the paperwork sent to them. Theresa L. Nicklas, Chief Deputy Sheriff, being duly sworn according to law, deposes and says, on March 13, 2009 received paperwork from Montgomery County Sheriffs Office with a note attached stating they would not serve garnishee unless the Writ was indexed in their county. Theresa L. Nicklas, Chief Deputy Sheriff, being duly sworn according to law, deposes and says, on March 19, 2009 Writ returned to the Elk County Prothonotary. Elk County Sheriff's Costs - $155.00 PAID No t 9 So Answers: Sworn to and subscribed before me this /5 `" day of a4-- A.D. 2007 L M!t Prothonotary Sheriff Deputy Elk County Courthouse SHERIFF'S RETURN (814) 776-5353 P.O. Box 448 Ridgway, PA 15853 PLAINTIFF: Northwest Savings Bank :IN THE COURT OF COMMON PLEAS :OF ELK COUNTY :NO. 401 20 07 DEFENDANT: Frank P. Troha :LAST DAY TO SERVE: ASAP I hereby deputize the Sheriff Montgomery Co., PA to serve the within Writ of Exec. & Interogatories according to law. The Garnishee's alleged address is: Harleysville Insurance 355 M Ave. desvill PA 38 - e ey C. Krieg, Sheriff Ik Co. Check # q d 3 3 s for $ 5?l /I is included. Please make refund oavable to attornev AFFIDAVIT OF SERVICES Now, 20 ., at M., (print officer name) served two copies of the Writ and (3) interrogatories upon Harleysville Insurance at Now, 20 ., at M., (print officer name) served Writ of Execution upon Frank Troha by regular U.S. Mail to by handing to as garnishee. 39 N. St. Marys St., St. Marys, PA 15857 Sworn to and subscribed before me this Sheriff of Montgomery Co. day of 20 Notary or Prothonotary Deputy Sheriff See Return of service endorsed hereon by Sheriff of Montgomery County, Pennsylvania which is part of this return. ti COSTS Sheriff Elk County Jeffrey C. Krieg, Sheriff Elk Co. Montgomery County Costs Paid WRIT OF EXECUTION - PERSONAL PROPERTY - ATTACHMENTS BANK ATTACHMENT FEES: 1-Garnishee, 1-Defendant $53.00 ($43.00/$10.00) Each additional Garnishee 1-Garnishee, 1-Defendant w/Interrogatories Each additional Garnishee w/Interrogatories Each additional Defendant Exemption Claim / per Defendant WRIT PACKAGE CONSISTS OF: $36.00 ($26.00 / $10.00) $59.00 ($43.00 / $10.00 / $6.00) $42.00 ($26.00 / $10.00 / $6.00) $26.00 ($16.00 / $10.00) $22.00 1. Writ of Execution (SEALED) 2. Writ of Execution Notice including Major Exemption 3. Claim for Exemption REQUIREMENTS FOR WRIT OF EXECUTION/ATTACHMENT & GARNISHMENT ets of Writ Package 4 .Sets of Interrogatories if required 1 Order for Service (Service Upon Garnishee) For each additional defendant and/or Garnishee, add two (2) Writ Packs One (1) stamped envelope addressed to defendant w/attorney's return address One (1) stamped envelope addressed to attorney for their return of service Two (2) Percent Poundage is collected by the Sheriffs Dept upon satisfaction of judgment DOCUMENTS FOR SERVICE: DOCUMENTS FOR FILES: 2 Writ Packs / Garnishee 3 Interrogatories / Garnishee 1 Order For Service Notes: 2 Writ Packs i V Envelopes A f ) p Praecipe for Writ of Execution is not sent with package(s) w)e,r 7Y S? cam ? p /Y!U S'-T •B ? l?c/,d ,?j? r,?c,I Q t? /Z? i?01?.v o C.9 2 ?L Eik County Courthouse SHERIFF'S RETURN (814) 776-5353 P.O. Box 448 Ridgway, PA 15853 PLAINTIFF: Northwest Savings Bank :IN THE COURT OF COMMON PLEAS :OF ELK COUNTY :NO. 401 20 07 DEFENDANT: Frank P. Troha :LAST DAY TO SERVE: ASAP I hereby deputize the Sheriff 6fimberland Co., PA to serve the within Writ of Exec. & Interogatories according to law. The Garnishee's alleged address is Check # q O?D Lk for $ ISO, 0?:) is included. Please make refund payable to Now, 20 ., at Frank Troha (print officer name) served two copies of the Writ and (3) interrogatories upon Ohio Casualty at Now, 20 ., at served Writ of Execution upon M., M., (print officer name) by regular U.S. Mail to by handing to as garnishee. 39 N. St. Marys St., St. Marys, PA 15857 Sworn to and subscribed before me this day of 20 Sheriff of Cumberland Co. Notary or Prothonotary Deputy Sheriff See Return of service endorsed hereon by Sheriff of Cumberland County, Pennsylvania which is part of this return. C, " COSTS Sheriff Elk County JL-ffrey C. Krieg, Sheriff Elk Co. Cumberland County Costs Paid Ohio Casualty; Camp Hill Regional Claim Offic( P.O. BH?ii , Camp 1 y .K rieg, Sheriff Elk o. 77?fo `5e j ce_ Pia ,A? >l e 3 03 Rule 3101.1 -RULES OF CIVIL PROCEDURE Explanatory Comment-2003 See Explanatory Comment preceding Pa.R.C.P. No. 3020 Rule 3101.2. Obligation Secured by Real and Personal Property. Plaintiff' s Election to Proceed Against Both in Accordance with its Rights Against the Real Property (a)(1) A money judgment on an obligation secured by a mortgage which grants a mortgage lien on an estate, leasehold or interest in land and also a security interest in personal property, at the election of the plaintiff, may be enforced against both in one proceed- ing pursuant to the rules of this chapter governing execution against real property. (2) A claim that any tangible personal property levied upon ' pursuant to a writ of execution is the property of a person other than the defendant in the execution shall proceed in accordance with Rule 3201 et seq. governing sheriff's interpleader. Note: The rules of this chapter governing execution on personal property do not apply to 'an' execution on personal property if an election has.been made to proceed under this rule. However, Rule 3201 et seq. governing sheriff's inter pleader does. apply when,tangible personal property levied upon is claimed to be the property, of a person other than ,the defendant in the execution. For a similar provision applicable. ,to the ;enforcement of a judgment of mortgage foreclosure,, see Rule 3180(b). (b). The -plaintiff shaImiake. the election -to -proceed under subdivision (a) _by filing. an. affidavit setting forth the place of record of the' mortgage and stating that (1) the.mortgage covers both the real property and the personal property against which the plaintiff seeks execution, and' . (2) the plaintiff intends to proceed against both in accordance with` its rights against the real property pursuant to Sectio69604 of.the Uniform' Commercial Code and this fur& (c) If plaintiff effects to proceed as pi ovided by this rule, the term "real. property" as used in this' chapter shall be' deemed to include the ` personal property. Note: Subdivision (c) is not applicable' to, a proceeding in sheriffs interpleaderunder Rule 3201 et seq in which tangible personal-property-levied upon-is claimed tb`be the property, of a-person otherthan the,defendant in the. execution. Adopted March 13, 2007, effective June 1, 2007: Explanatory Comment 2007 ''' See Explanatory Comment under Pa.R.C.P. No: 1141.: Rule 3102. Writ of Execution Except as' provided iii'; Rul'e''325 l a judgment shall be enforced by a"writ of execution substantially in the form provided;.b_Y Ru1e3252. Note. Civil Arrest has been abolished except as provided by Section 5108(b) of the Judicial Code; 42: Pa.C.S. -f 5108(b). Writs of fieri facial, attachment execut i on, vendex,' liberari facial and all other forms of execution writs on money judgments against property of the defendant are supplanted.by the writ of execution provided by these rules. Exemption and immunity of property from execution remain as heretofore. For limitations as to execution against partners or association members on judgments against partnerships or unincorporated associations; see Rules 2132 and'2155. Adopted March, 30, 1960, effective Nov. 1, 1960. Amended April 20, 1998, effective July'l,1998. Rule 3103. Commencement. Issuance (a) Execution shall. be commenced by filing a prae. cipe for a writ of execution with the prothonotary of aux. county in which judgment, has been entered. Except•as` otherwise prescribed . by Rule 2963 governing a judg ment entered by confession, the praecipe shall be in°the iL form prescribed by Rule 3251. Note. The following Acts of Assembly contain special procedures in connection with , the issuance of the ,writ ; Section 428 of the Act approved June 2, 1915, P.L. 736; a`s- amended,:77 R.S. § 951, providing for:filing with the .prothono-' tary as affidavit of default in payments before execution `may issue on workmen's compensation judgments. -' Section.712 of the Act approved May 15, 1933, P.L .569f as , amended, 71 P.Sr §• 733-712 requiring 'leave of courts for' execution aga.Tst a, financial institution of.which the Secretary-_ of Banking ism possession as receiver. . .:. r Section 3377 of the. Probate, Estates attd:Fiduciaries Code, _ 20.Pa.C.S. § 3377,: providing that execution may not issue::on judgments against decedents other than on mortgages,- grouncL___L rents or conditionat,sales of.reai or personal property withouii agreement inwriting of the personal representative or approval, of the.-Or phans' Court.:.. ; -sIhe- Soldier's and, Sailor's Civil Relief. Act; 50 U.S.CA- Appondix 520.. (bj A writ 'issued by the prothonotiatyof the county in which.judgment was entered originally or by transf 6& certification from another court m:the same-county may, be directed to the sheriff,of ariy :county wrte` Commonwealth. NOW Rule 2959(a)(1) authorizes the, defendant in a confessµ_- ed judgment to move to open judgment either•m the county of entryor of execution. (c) When a judgment is transferred i another coup t ty,. a writ. issued by the prothonotary of;tiie?xransferee county maybe directed only to thd, -§heriff of liis county: (d) Writs. may be issuedat the same. or, different times or :to the sheriffs: of different counties without a prior return of any.outstanding writ.. (e) Upon is of the.wnt the prothonotary. ShA transmit it directly to the sheriff to whom it is directed or upon plaintiffs request deliver it to the plaintiff or the plaintiff's representative fortransmittal. Adopted March 30, 1960, effective. Nov. 1, '1960_.. Amended April 18, ,1975, imd: effective; April 1, 1996,.effective July 1; 1996;- April 20,,1998, effective July:1,1998. Explanatory Comment-1996 The rules of civil procedure governing confession of judg- ment for money have been revised in two major respects: the abolition of confession of judgment in a consumer credit 9 368 transaction and the im to or with execution ul Execution Rules 31 cross-refer to the form upon a confessed juc ', Rule 3104. Writ (a)(1) When issui enter it against the 3lie writ, when enter (i).continue thc :then subject to the (ii) create a lie; defendant subseqi located in the coi entry of the writ defendant." i Note: As. to the of Pgntinues.the practice i p P.S. $883 (repealed Code, 42 Pa.C.S. § 430; The praecipe for the the prothonotary to ent, `Rule 3251. A (2) A- lien created a :writ of execution in -for a period of . five entered. vote:: The lien of a w under Rule 3025 et se (b) Upon receivi g sheriff shall deliver it county who shall the rudex and return it t( -entry shall have the judgment against the c .. (c) When the writ c of the defendant in prothonotary of the c ,:executed, upon praecii -describing:the real pr the writ against the gal lis pendens. Entry al ::tote a lis pendens agai the county where the v other property of the g .Adopted March"30, 196( Dec. 19, 2003, effective Ji Explanat See Explanatory Con. Rule 3105. Writ. The sheriff shall not when it is received. Adopted March 30; 1960 April 12,:1999, effective Jr C. :T OF COMMON PLEAS OF ELK JNTY CIVIL DIVISION Page 1 of 6 Plaintiff(s) NORTHWEST SAVINGS BANK (vs) Defendant(s) TROHA FRANK P Case No: 2007-00401 WRIT OF EXECUTION NOTICE This paper is a WRIT OF EXECUTION. It has been issued because there is a judgment against you. It may cause your property to be held or taken to pay the judgment. You may have legal rights to prevent your property from being taken. A lawyer can advise you more specifically of these rights. If you wish to exercise your rights, you must act promptly: The law provides that certain property cannot be taken. Such property is said to be exempt. There is a debtor's exemption of $300. There are other exemptions which may be applicable to you. Attached is a summary of some of the major exemptions. You may have other exemptions or other rights. If you have an exemption, you should do the following promptly: (1) Fill out the attached claim form and.demand for a prompt hearing. (2) Deliver the form or mail it to the Sheriff's Office at the address noted. You should come to court ready to explain your exemption. If you do not come to court and prove your exemption, you may lose some of your property. 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. DAVID A FREY PROTHONOTARY P.O. BOX 237 MAIN STREET RIDGWAY, PA 814 776-5344 15853-0237 Ck :T OF COMMON PLEAS OF ELK JNTY CIVIL DIVISION Page 2 of 6 NORTHWEST SAVINGS BANK (vs) FRANK P TROHA Case No: 2007-00401 WRIT OF EXECUTION (Money Judgments) (Rule 3252) Commonwealth of Pennsylvania County of ELK To the Sheriff of ELK COUNTY: To satisfy the judgment, interest and costs against TROHA FRANK P (1) you are directed to levy upon the property of the defendant(s) and to sell the defendants interest therein; (2) you are also directed to attach the property of the defendant(s) not levied upon in the possession of as garnishee(s), (Specifically describe Property) SEE DESCRIPTION OF PROPERTY TO BE LEVIED UPON NORTHWEST SAVINGS BANK Plaintiff vs. FRANK P. TROHA Defendants IN THE COURT OF COMMON PLEAS OF ELK COUNTY, PENNSYLVANIA THE 59' JUDICIAL DISTRICT CIVIL ACTION-LAW NO. 2007-401 DESCRIPTION OF PROPERTY TO BE LEVIED UPON The property of the defendants to be levied upon and/or attached and sold is as follows: All personal property of the defendant, wheresoever located including, but not limited to all property of the defendant in the possession of Ohio Casualty Group and/or Harleysville Insurance. Dated: February, 2009 # 824557.vi KNOX McLAUGHLIN GORNALL & SENNETT, P.C. BY: 4.--.=c _ ?- Mark G. Claypo PA I.D. No. 63199 120 West Tenth Street Erie, Pennsylvania 16501 (814) 459-2800 Attorneys for Plaintiff Northwest Savings Bank C RT OF COMMON PLEAS OF ELK )UNTY CIVIL DIVISION Page 3 of 6 NORTHWEST SAVINGS BANK (vs) FRANK P TROHA Case No: 2007-00401 and to notify the garnishee (s) that (a) an attachment has been issued; (b) except as provided in paragraph (c), the garnishee(s) is enjoined from paying any debt to or for the account of the defendant(s) and from delivering any property of the defendant(s) or otherwise disposing thereof; (c) the attachment shall not include any funds in an account of the defendant with a bank or other financial institution (i) in which funds are deposited electronically on a recurring basis and are identified as being funds that upon deposit are exempt from execution, levy or attachment under Pennsylvania or federal law, or (ii) that total $300 or less. If multiple accounts are attached, a total of $300 in all accounts shall not be subject to levy and attachment as determined by the executing officer. The funds shall be set aside pursuant to the defendant's general exemption provided in 42 Pa C.S. 8123. (3) if property of the defendant(s) not levied upon and subject to attachment is found in the possession of anyone other than a named garnishee(s), you are directed to notify such other person that he or she has been added as a garnishee and is enjoined as above stated. CC T OF COMMON PLEAS OF ELK C NTY CIVIL DIVISION Page 4 of 6 NORTHWEST SAVINGS BANK (vs) FRANK P TROHA Case No: 2007-00401 PRINCIPAL INTEREST AT THE NOTE RATE LATE FEES FILING FEES - PROTHONOTARY COSTS ATTORNEY'S FEES $17,160.75 $1,007.97 $66.25 $127.00 Davi S ?4 ?k d A Frey Prothonotary 3/02/2009 Date Sealed Attorney for Plaintiff: CLAYPOOL MARK G 120 WEST TENTH ST ERIE, PA 16501 ' CC ':T OF COMMON PLEAS OF ELK TNTY CIVIL DIVISION Page 5 of 6 NORTHWEST SAVINGS BANK (vs) FRANK P TROHA Case No: 2007-00401 CLAIM FOR EXEMPTION To the Sheriff: I, the above-named defendant, claim exemption of property from levy or attachment: (1) From my personal property in my possession which has been levied upon, (a) I desire that my $300 statutory exemption be (i) .set aside in kind (specify property to be set aside in kind); (ii) paid in cash following the sale of the property levied upon; or (b) I claim the following exemption (specify property and basis for exemption): (2) From my property which is in the possession of a third party, I claim the following exemptions: (a) My $300 statutory exemption: in cash in kind (specify property): (b) Other (specify amount and basis of exemption): MAJOR EXEMPTIONS UNDER PENNSYLVANIA AND FEDERAL LAW 1. $300 statutory exemption 2. Bibles, school books, sewing machines, uniforms and equipment 3. Most wages and unemployment compensation 4. Social Security benefits 5. Certain retirement funds and accounts 6. Certain veteran and armed forces benefits 7. Certain insurance proceeds 8. Such other exemptions as may be provided by law j CC T OF COMMON PLEAS OF ELK c 'NTY CIVIL DIVISION Page 6 o f 6 NORTHWEST SAVINGS BANK (vs) FRANK P TROHA Case No: 2007-00401 I request a prompt court hearing to determine the exemption. Notice of the hearing should be given to me at (include phone#). I verify that the statements made in this claim for Exemption are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa C.S. 4909 relating to unsworn falsification to authorities. Date (Defendant) THIS CLAIM TO BE FILED WITH THE OFFICE OF THE SHERIFF OF ELK COUNTY ELK COUNTY SHERIFF'S OFFICE ELK COUNTY COURTHOUSE RIDGWAY, PA 15853 NORTHWEST SAVINGS BANK Plaintiff vs. FRANK P. TROHA Defendants IN THE COURT OF COMMON PLEAS OF ELK COUNTY, PENNSYLVANIA THE 59TH JUDICIAL DISTRICT CIVIL ACTION-LAW NO. 2007-401 AFFIDAVIT COMMONWEALTH OF PENNSYLVANIA COUNTY OF ERIE SS: Before me, the undersigned notary public, in and for the County and Commonwealth above, personally appeared Mark G. Claypool, Esquire, Attorney for Northwest Savings Bank, who being duly sworn by law, deposes and says that the Defendant is an adult individual and is not in the military service of the United States of America to the best of his knowledge, information and belief and further; that this Affidavit is being supplied according to information furnished to the undersigned by the Plaintiff. KNOX McLAUGHLIN GORNALL & SENNETT, P.C. BY: Mark G. Claypool PA I.D. No. 6319 120 West Tenth Street Erie, Pennsylvania 16501 (814) 459-2800 Attorneys for Plaintiff Northwest Savings Bank SWORN TO AND SUBSCRIBED BEFORE ME THIS& DAY OF EBRUARY, 2009. _?% M hk No Pub1' # 822985.vi COMMONWMTH OF M""SW PIOTARIAL SEAL MAWYN A. WERNIC NOTARY!t»W FF E. EM COMM, 1 2009 MY OOMMMIISSM orms ON t?v.:o. X014 I_ _ 7 __j NORTHWEST SAVINGS BANK Plaintiff vs. FRANK P. TROHA Defendants IN THE COURT OF COMMON PLEAS OF ELK COUNTY, PENNSYLVANIA THE 59TH JUDICIAL DISTRICT CIVIL ACTION-LAW NO. 2007-401 AFFIDAVIT OF MAILING COMMONWEALTH OF PENNSYLVANIA ) COUNTY OF ERIE ) SS: Mark G. Claypool, Esquire, being duly sworn according to law, deposes and states that he is the solicitor for the above Plaintiff in the above-captioned matter and that to the best of his information, knowledge and belief, the name and last known address of the Defendant in the judgment is as follows: Frank P. Troha 39 N. St. Marys Street St. Marys, PA 15857 Mark G. Clayppaf- PA I.D. No. 63199 120 West Tenth Street Erie, Pennsylvania 16501 (814) 459-2800 Attorneys for Plaintiff Northwest Savings Bank SWORN TO AND SUBSCRIBED BEFORE ME 7='a OFF BRUARY, 2009. . Notary Pub # 824557.v1 COMMONWEALTH OF PENNSYIYAtOA i r? NOTARIAL SEAL. 1? [mAwYN A. WERNICKt. NOTAR?I PtJ" 2 ERIE. ERIE COUNrY. PENN& OR 20 E pNIM18810N E! K 0001Y KNOX McLAUGHLIN GORNALL & SENNETT, P.C. BY: _?t _ ?? NORTHWEST SAVINGS BANK Plaintiff VS. FRANK P. TROHA Defendants IN THE COURT OF COMMON PLEAS OF ELK COUNTY, PENNSYLVANIA THE 59TH JUDICIAL DISTRICT CIVIL ACTION-LAW NO. 2007-401 PRAECIPE FOR WRIT OF EXECUTION ON CONFESSED JUDGMENT TO THE PROTHONOTARY: Issue writ of execution in the above matter, (1) directed to the sheriff of Elk County; (2) against Frank P. Troha, defendant(s), and (3) against Ohio Casualty Group and Harleysville Insurance, garnishee(s); (4) and index this writ (a) against Frank P. Troha, defendant(s), and (b) against Ohio Casualty Group and Harleysville Insurance, as garnishee(s), as a lis pendens against real property of the defendant(s) in the name of garnishee(s) as follows: (5) Principal Interest at the Note Rate Late Fees Costs Attorney's fees TOTAL $17,160.75 1,007.97 66.25 to be added to be added $18,234.97 I { BAR - 2 M L ILO I'l ELF Cuuff,Y Y Attorneys' fees, costs, charges, and interest at the rates provided by the Promissory Note continue to accrue until paid in full. KNOX McLAUGHLIN GORNALL & SENNETT, P.C. Dated: February 2009 BY: Mark G. CL ool PA I.D.No. 63199 120 West Tenth Street Erie, Pennsylvania 16501 (814) 459-2800 Attorneys for Plaintiff Northwest Savings Bank # 824557M ,r NORTHWEST SAVINGS BANK Plaintiff VS. FRANK P. TROHA Defendants IN THE COURT OF COMMON PLEAS OF ELK COUNTY, PENNSYLVANIA THE 59TH JUDICIAL DISTRICT CIVIL ACTION-LAW NO. 2007-401 DESCRIPTION OF PROPERTY TO BE LEVIED UPON The property of the defendants to be levied upon and/or attached and sold is as follows: All personal property of the defendant, wheresoever located including, but not limited to all property of the defendant in the possession of Ohio Casualty Group and/or Harleysville Insurance. Dated: February)$o, 2009 # 824557.v1 KNOX McLAUGHLIN GORNALL & SENNETT, P.C. BY: Mark G. Claypo PA I.D. No. 63199 120 West Tenth Street Erie, Pennsylvania 16501 (814) 459-2800 Attorneys for Plaintiff Northwest Savings Bank W ? NORTHWEST SAVINGS BANK ) Plaintiff ) vs. ) FRANK P. TROHA, ) Defendant ) IN THE COURT OF COMMON PLEAS OF THE 59' JUDICIAL DISTRICT OF PENNSYLVANIA ELK COUNTY BRANCH CIVIL ACTION - LAW No. 2007-401 PRAECIPE TO ENTER JUDGMENT BY DEFAULT TO THE PROTHONOTARY: Enter Judgment in favor of the above-named plaintiff and against defendant, Frank P. Troha, for failure to enter an appearance and file an answer in the above stated case within twenty (20) days from the date of service of the complaint and within ten (10) days from the date of service of the notice of praecipe for entry of default judgment. Assess the plaintiff damages as follows: Principal $ 19,218.06 Interest at the Note rate as of April 5, 2007 726.14 Costs to be added Late fees 574.13 Attorney's fees to date to be added TOTAL DUE 20,518.43 Interest continues to accrue at the Note rate until paid in full. Costs and attorney's fees also continue to accrue. KNOX McLAUGHLIN GORNALL & SENNETT, P.C. Attorneys for Northwest Savings Bank, Date: June 2007. BY: ark G. Cla ool Pa. I.D. No. 63199 120 West Tenth Street Erie, Pennsylvania 16501 (814) 459-2800 . 29M Ci, 20 NORTHWEST SAVINGS BANK Plaintiff vs. FRANK P. TROHA, Defendant IN THE COURT OF COMMON PLEAS OF THE 59TH JUDICIAL DISTRICT OF PENNSYLVANIA ELK COUNTY BRANCH CIVIL ACTION - LAW No. 2007-401 CERTIFICATE OF MAILING The undersigned hereby certifies that on the 12?' day of June 2007, a written notice of intention to file a praecipe for default judgment pursuant to Pa. R.C.P. 237. 1, a copy of which is attached hereto, was mailed to the defendant, Frank P. Troha, P.S. Form 3817, being attached hereto. Date: June 2007. # 731433 KNOX McLAUGHLIN GORNALL & SENNETT, P. C. Attorneys for Northwest Savings Bank, BY: Mark G. Cl of Pa. I.D. No. 63199 120 West Tenth Street Erie, Pennsylvania 16501 (814) 459-2800 NORTHWEST SAVINGS BANK Plaintiff vs. FRANK P. TROHA, Defendant TO: Frank P. Troha 39 N. St. Marys Street St. Marys, PA 15857 Date of Notice: June I,, 2007 IN THE COURT OF COMMON PLEAS OF THE 59' JUDICIAL DISTRICT OF PENNSYLVANIA ELK COUNTY BRANCH CIVIL ACTION - LAW No. 2007-401 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY, OR BY ATTORNEY, AND TO 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 NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP. DAVID A. FREY, PROTHONOTARY ELK COUNTY COURT HOUSE MAIN STREET P.O. BOX 237 RIDGWAY, PENNSYLVANIA 15853 KNOX McLAUGHLIN GORNALL & SENNETT, P.C. Attorneys for Plaintiff, Northwest Savings Bank BY: Mark G. ypoo, squire PA I.D. No. 63199 120 West 10th Street Erie, Pennsylvania 16501-1461 (814) 459-2800 NORTHWEST SAVINGS BANK ) IN THE COURT OF COMMON PLEAS OF THE 59"H JUDICIAL DISTRICT OF Plaintiff ) PENNSYLVANIA vs. ) ELK COUNTY BRANCH FRANK P. TROHA, ) CIVIL ACTION - LAW Defendant ) No. 2007-401 CERTIFICATE OF MAILING ITEM MAILED: P.S. Form 3817 DATED MAILED: June) , 2007 Frank P. Troha 39 N. St. Marys Street St. Marys, PA 15857 # 727564 Ten L. U.S. POSTAL SERVICE CERTIFICATE OF MAIUNG MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL. DOES NOT PROVIDE FOR INSURANCE-POSTMASTER RecaiwdFm.: NWSB v. Troha Mark G. Claypool, Knox 10 day. notice Law Firm 120 West Street Erie, PA 16561 One piece of ordinary mail addressed tor: Frank P. Troha ' f 39 N. St. Marys Street " St. Marys. P 1 5857 PS Forth 3517, January 2001 f NORTHWEST SAVINGS BANK Plaintiff vs. FRANK P. TROHA, Defendant IN THE COURT OF COMMON PLEAS OF THE 59TH JUDICIAL DISTRICT OF PENNSYLVANIA ELK COUNTY BRANCH CIVIL ACTION - LAW No. 2007-401 VERIFICATION On this, the _ day of June, 2007, Mark G. Claypool, the undersigned states that he makes this verification on behalf of the above-named plaintiff being authorized to do so, and that he knows of his own personal knowledge or upon information and belief, and therefore avers, that the plaintiffs address is 100 Liberty Street, Drawer 128, Warren, PA 16365, defendant's last known address was 39 N. St. Marys Street, St. Marys, PA 15857, and that the defendant is an adult individual and, is not in the military or naval service of the United States or its allies, or otherwise within the provisions of the Soldiers and Sailors Civil Relief Act of Congress of 1940 and its amendments, subject to the penalties of 18 Pa. C.S. Section 4904 relating to the unsworn falsification to authorities. Mark G. -C o # 731433 NOR'T'HWEST SAVINGS BANK Plaintiff VS. FRANK P. TROHA, Defendant IN THE COURT OF COMMON PLEAS OF THE 59TH JUDICIAL DISTRICT OF PENNSYLVANIA ELK COUNTY BRANCH CIVIL ACTION - LAW No. 2007-401 TO: Frank P. Troha 59 N. St. Marys Street St. Marys, PA 15857 You are hereby notified that a judgment has been entered against you in the amount of $20,518.43, plus interest at the Note rate, fees and costs, which continue to accrue, at the above term and number nn fe-? ?1-G1 # 731433 ?)at'uca. Prothonotary NORTHWEST SAVINGS BANK ) IN THE COURT OF COMMON PLEAS OF THE 59' JUDICIAL DISTRICT OF Plaintiff ) PENNSYLVANIA vs. ) ELK COUNTY BRANCH FRANK P. TROHA, ) CIVIL ACTION - LAW Defendant ) No. 2007-401 JUDGMENT AND NOW, this __Xj-day of June 2007, judgment is entered in favor of the above-named plaintiff and against the above-named defendant, Frank P. Troha for his failure to file an answer. The damages of the plaintiff are assessed as above in the sum of $20,518.43, plus interest at the Note rate from April 5, 2007, fees and costs, each of w ' continue to accrue. -? a, Ae __ Prothonotary # 731433 Atfi?avff of 'iPl'wrP Northwest Savings Bank vs. Frank P. Troha No. 401 Returnable within from date of service hereof. days NOW May 18, 20 07 at 2:20 o'clock P.M. served the within Complaint on Frank P. Troha of 39 N. St. Marys Street, St. Marys, Elk County, PA at Elk County Sheriff's Office, Elk County Courthouse, 240 Main Street, Ridgway, Elk County, PA by handing to him a true and attested copy of the original Complaint and made known to him the c is Thereof. She=fs ( 4s - $41.67 PAID Sworn to before me this 'IrK 4Y owndesion JaAtwty T, 9 118.11-010 A.D. 20 0 Prothonotary NNaaasm, Term, 20 077 Sheriff Deputy ? ?oS NORTHWEST SAVINGS BANK, ) IN THE COURT OF COMMON PLEAS OF THE 59"' JUDICIAL DISTRICT OF PENNSYLVANIA Plaintiff ELK COUNTY BRANCH vs. CIVIL ACTION-LAW FRANK P. TROHA ? NO.a4,p9 -?J, Defendant ) COMPLAINT Filed on behalf of plaintiff, Northwest Savings Bank Counsel of Record: Mark G. Claypool, Esquire KNOX MCLAUGHLIN GORNALL & SENNETT, P.C. 120 West Tenth Street Erie, Pennsylvania 16501-1461 (814) 459-2800 W14, .r NORTHWEST SAVINGS BANK, ) IN THE COURT OF COMMON PLEAS OF 59`h JUDICIAL DISTRICT OF PENNSYLVANIA Plaintiff ) ELK COUNTY BRANCH VS. ) CIVIL ACTION-LAW FRANK P. TROHA NO. 200 - q01 Defendant ) TO: Frank P. Troha 39 N. St. Marys Street St. Marys, PA 15857 NOTICE You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so, the case may proceed without you and a judgment may be entered against you by the Court without fizrther 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 rights important to you. 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. David A. Frey, Prothonotary Elk County Courthouse Ridgeway, PA 15853 814-776-5344 KNOX McLAUGHLIN GORNALL & SENNETT, P.C. Date: May_, 2007 BY: ark G. Cl o squire PA I.D. No. 63199 Attorneys for Plaintiff 120 West Tenth Street Erie, Pennsylvania 16501-1461 # 724415 (814) 459-2800 NORTHWEST SAVINGS BANK, Plaintiff vs. FRANK P. TROHA Defendant IN THE COURT OF COMMON PLEAS OF THE 59`h JUDICIAL DISTRICT OF PENNSYLVANIA ELK COUNTY BRANCH CIVIL ACTION-LAW NO. 4009' '/6'/ COMPLAINT AND NOW, this _ day of May, 2007, the Plaintiff, Northwest Savings Bank, ("Plaintiff'), by and through its attorneys, Knox McLaughlin Gornall & Sennett, P.C., with this Complaint against the Defendant, Frank P. Troha, stating as follows: 1. Plaintiff is a Pennsylvania State chartered bank with a principle place of business at 100 Liberty Street, Drawer 128, Warren, Pennsylvania 16365. 2. Defendant, Frank P. Troha (Defendant) is an adult individual believed to maintain an address of 39 N. St. Marys Street, St. Marys, Pennsylvania 15857. 3. On or about March 19, 2004, the Defendant entered into a Line of Credit Note in favor of Plaintiff whereby it obtained a loan in the original amount of $20,000 (the "Note"). A true and correct copy of the Note is attached hereto as Exhibit A and is incorporated herein by reference. 4. A default has occurred under the terms of the Note as a result of the Defendant's failure to make payments when due and the Note maturing. 5. An itemization of the amount due to the Plaintiff from the Defendant under the aforementioned instrument as of April 5, 2007 is as follows: .* Principal Interest at Note Rate of Interest Late fees Costs Attorney's fees TOTAL 19,218.06 726.24 574.13 to be added to be added 20,518.43 Attorney's fees, costs, charges, and interest at the rate provided by the Note continue to accrue until paid in full. WHEREFORE, the Plaintiff, Northwest Savings Bank, demands judgment against the Defendant, Frank P. Troha, in the amount of $20,518.43 plus interest at the Note rate of interest until paid in full, plus late charges, attorney's fees and costs of suit and for such other relief as is necessary and just. Respectfully submitted, KNOX McLAUGHLIN GORNALL & SENNETT, P.C. Attorneys for Northwest Savings Bank BY. Mark G. ool Pa. I.D. No. 63199 120 West Tenth Street Erie, Pennsylvania 16501-1461 (814) 459-2800 # 724415 SINE OF CREW NOTE (Variable Rate) $20,000.00 Date March 19, 2004 FOR VALUE RECEIVED AND INTENDING TO BE LEGALLY BOUND HEREBY, the Undersigned, FRANK P TROHA d/b/a TROHA INSURANCE AGENCY ("Borrower") a(n) Sole Propri etorship organized and existing under the laws of the State of PA hereby promises to pay to the order of NORTHWEST SAVINGS BANK ("Lender"), or its assigns, in lawful money of the United States of America at its office in St Marys, PA 15857 the sum of $20,000.00 or such lesser amount as may be advanced and outstanding as shown on the records of the Lender, plus interest thereon accruing from the date hereof, to be payable as follows: (i) The entire outstanding balance of principal shall be payable on March 30, 2005 ("Maturity Date")together with accrued interest then outstanding . The Maturity Date shall mean March 30, 2005 or such later date as may be designated by written notice from Bank to Borrower. Borrower acknowledges and agrees that in no event will bank be under any obligation to extend or renew this Line of Credit Note beyond the initial maturity date. (ii) Beginning April 30, 2004 and on the same day of each month thereafter until payment in full of principal and accrued interest is made, interest shall be payable on the outstanding principal balance at a floating rate which shall be equal to Lender's Prime Rate in effect from time to time plus 2.000% per annum. The interest rate shall be prospectively restated to that rate equal to the Lender's Prime Rate then in effect plus 2.000% effective as of the date of each change in the Lender's. Prime Rate. Prune kit-e, as used herein, means the rate determined by the Lender from time to time and publicly announced as the Lender's Prime Rate. The Lender reserves the right to make loans to other borrowers at more or less than the Lender's Prime Rate where, in its judgment, different credit factors warrant a different interest rate. The determination by the Lender of each adjusted and restated rate of interest shall be binding and conclusive on the Borrower. EXHIBIT A LINENOTE Version 10.08.2003 The annual interest rate for this Note is computed on a 365/360 basis; that is, by applying the ratio of the annual interest rate over a year of 360 days, multiplied by the outstanding principal balance, multiplied by the actual number of days the principal balance is outstanding. Borrower will pay Lender at Lender's address shown above or at such other place as Lender may designate in writing. Unless otherwise agreed or required by applicable law, payments will be applied first to accrued unpaid interest, then to principal, and any remaining amount to any unpaid collection costs and late charges (iv) The principal of this Note may be borrowed, repaid without penalty and re- borrowed from time to time, provided, however, that Lender reserves the right to decline to make any advance at any time if an event of default has occurred either under this Note or any other agreement or instrument executed by Borrower in favor of Lender. Borrower will be in default if any of the following happens: (a) Borrower fails to make any payment when due. (b) Borrower breaks any promise Borrower has made to Lender, or Borrower fails to comply with or to perform when due any other term, obligation, covenant, or condition contained in this Note or any agreement related to this Note, or in any other agreement or loan Borrower has with Lender. (c) Borrower defaults under any loan, extension of credit, security agreement, purchase or sales agreement, or any other agreement, in favor of any other creditor or person that may materially affect any of Borrower's property or Borrower's ability to repay this Note or perform Borrower's obligations under any and all promissory notes, credit agreements, loan agreements, environmental agreements, guaranties, security agreements, mortgages, deeds of trust, and all other instruments, agreements and documents, whether now or hereafter existing, executed in connection with the Indebtedness. (d) Any representation or statement made or furnished to Lender by Borrower or on Borrower's behalf is false or misleading in any material respect either now or at the time made or famished. (e) Borrower becomes insolvent, a receiver is appointed for any part of Borrower's property, Borrower makes an assignment for the benefit of creditors, or any proceeding is commenced either by Borrower or against Borrower under any bankruptcy or insolvency laws. (f) Any creditor tries to take any of Borrower's property on or in which Lender has a lien or security interest. This includes a garnishment of any of Borrower's accounts with Lender. (g) Any guarantor dies or any of the other events described in this default section occurs with respect to any guarantor of this Note. (h) A material adverse change occurs in Borrower's financial condition, or Lender believes the prospect of payment or performance of the Indebtedness is impaired. (i) Lender in good faith deems itself insecure. Borrower shall pay to Lender a late charge of five (5%) percent of any monthly payment not received by Lender within fifteen (15) days after the payment is due. LINENOTE version 10.08.2003 t This Note is secured by a: xl Security Agreement of even date herewith, granting alien on the personal property described therein. x? Mortgage of even date herewith, granting alien on the real estate described therein. Borrower grants to Lender a contractual security interest in, and hereby assigns, conveys, delivers, pledges, and transfers to Lender all Borrower's right, title and interest in and to, Borrower's accounts with Lender (whether checking, savings, or some other account), including without limitation all accounts held jointly with someone else and all accounts Borrower may open in the future, excluding however all IRA and Keogh accounts, and all trust accounts for which the grant of a security interest would be prohibited by law. Borrower authorizes Lender, to the extent permitted by applicable law, to charge or setoff all sums owing on this Note against any and all such accounts. Borrower hereby authorizes and empowers any attorney of any court of record of Pennsylvania or elsewhere to appear for it and to confess judgment against it, and in favor of Lender, as of any term, with or without declaration filed, for the entire amount of this Note then remaining unpaid, all arrearages of interest thereon, and any other amounts due the Lender pursuant to the terms hereof and of the Loan Agreement, with costs of suit and with an attorney's commission for collection of fifteen (15%) percent of the principal amount hereof, or Three Hundred Fifty Dollars ($350.00), whichever is the larger amount; and with respect to any judgment entered hereon, Borrower waives, in regard to any real or personal property levied upon, any right of appraisement, exemption or stay of execution under any law now in force or hereafter enacted, the right of appeal, and does release all errors. No single exercise of the power to confess judgment shall be deemed to exhaust the power and whether or not any such exercise shall be held by any court valid, voidable or void, the power shall continue undiminished and it may be exercised from time to time as often as Lender shall elect until such time as any holder hereof shall receive payment in full of the principal sum together with interest and costs. Borrower expressly agrees that no renewal or extension hereof granted, nor any indulgence shown to Borrower, nor any dealings between Lender and any person now or hereafter interested herein or in any property, tangible or intangible, securing the indebtedness evidenced by this Note, whether as owner, encumbrancer or otherwise, shall discharge, extend or in any way affect any of its obligations under this Note. LINENOTE Version 10.08.2003 The remedies of this Note and any other documents evidencing or securing this indebtedness providing for the enforcement of the payment of the principal sum thereby secured, together with interest thereon, and for the performance of the covenants, conditions and agreements, matters and things therein and herein contained, are cumulative and concurrent and may be pursued singly, or successively, or together at the sole discretion of Lender, and may be exercised as often as occasion therefor shall occur. Lender's failure to exercise any right hereunder shall not be construed as a waiver of the right to exercise the same or any other right at any subsequent time. No agreement with respect to this Note or any collateral shall be binding upon Lender unless signed by it. The Borrower agrees to pay all costs of collection hereof, including reasonable attorney's fees. This Note inures to the benefit of the Lender, its successors and assigns, and is binding upon the Borrower, its successors and assigns. The Lender may transfer this Note and may transfer any collateral given under this Note to any transferee, who shall thereupon become vested with all the powers and rights given to the Lender under this Note, and the Lender shall thereafter be forever relieved and fully discharged from any liability or responsibility arising under this Note. WITNESS: BORROWER: Frank P. Troha Tro -lasmance Agy. By.? By: v Frank P. Troha Loan number 1055020968 LINENOTE Version 10.08.2003 NORTHWEST SAVINGS BANK, ) IN THE COURT OF COMMON PLEAS OF THE 59' JUDICIAL DISTRICT OF PENNSYLVANIA Plaintiff ) ELK COUNTY BRANCH vs. FRANK P. TROHA CIVIL ACTION-LAW NO. Defendant ) VERIFICATION On this, the 7 day of May, 2007, Dean C. Huya, the undersigned, deposes and states that he is a Vice President of Credit Review of the Plaintiff, Northwest Savings Bank, that as such he is authorized to execute this verification on behalf of the Plaintiff, and that the facts set forth in the foregoing Complaint are true and correct to the best of his knowledge, information and belief, subject to the penalties of 18 Pa.C.S. §4904 relating to the unsworn falsification to authorities. Dean C. Huya, Vice President of Credit Review Northwest Savings Bank # 724415 Oi THE 2009 PR 29 F 2: O $ aq. oo Po AT'hf cttt rygl? u* aa4#ao a ` L)d ioe I.•" NORTHWEST SAVINGS BANK, Plaintiff VS. FRANK P. TROHA, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. NOTICE OF ENTRY OF TRANSFERRED JUDGMENT TO: Frank P. Troha 39 N. St. Marys Street St. Marys, PA 15857 PLEASE TAKE NOTICE that a judgment in the amount of $18,234.97 has been entered against you in the above-captioned matter, upon transfer of the same judgment from Case No. 2007-401 of Elk County. Interest continues to accrue at the contract rate until paid in full. Costs and attorney's fees also continue to accrue. # 833568.v1 9 NORTHWEST SAVINGS BANK Plaintiff VS. FRANK P. TROHA 39 N. S+. Moves Z-• PA Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION-LAW NO. 2009-2681 PRAECIPE FOR WRIT OF EXECUTION TO THE PROTHONOTARY: . I ?,ea tr ?U OF kits Issue writ of execution in the above matter, *- ??Per? i 0 4 e? (1) directed to the sheriff of Cumberland County; (2) against Frank P. Troha, defendant(s), and camp =27-vieuz, o??aQ (?.? 0{'cs (3) against Ohio Casualty Group, garnishee(s); '7b Ave, cA aoo L;SVKP W11, PA +7011 (4) and index this writ (a) against Frank P. Troha, defendant(s), and (b) against Ohio Casualty Group, as garnishee(s), as a lis pendens against real property of the defendant(s) in the name of garnishee(s) as follows: (5) Principal Interest at the Note Rate Late Fees Costs Attorney's fees TOTAL $17,160.75 1,007.97 66.25 to be added to be added $18,234.97 t Attorneys' fees, costs, charges, and interest at the rates provided by the Promissory Note continue to accrue until paid in full. KNOX McLAUGHLIN GORNALL & SENNETT, P.C. Dated: May (o, 2009 BY: Mark G. C ool PA I.D. No. 63199 120 West Tenth Street Erie, Pennsylvania 16501 (814) 459-2800 Attorneys for Plaintiff Northwest Savings Bank # 836623A FILE ). TIC T Y 2009 KAY I I PH 3' 11 PS ?NSYLVAW p A? o1 4. 00 P 10117-00 a 155.00 ?t act. 00 H 9.50 p A`t q 3? . 50 P saL.00 ?06 W • 50 I'L e??* 91ggs e* M NORTHWEST SAVINGS BANK Plaintiff VS. FRANK P. TROHA Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION-LAW NO. 2009-2681 DESCRIPTION OF PROPERTY TO BE LEVIED UPON The property of the defendants to be levied upon and/or attached and sold is as follows: All personal property of the defendant, wheresoever located including, but not limited to all property of the defendant in the possession of Ohio Casualty Group. KNOX McLAUGHLIN GORNALL & SENNETT, P.C. Dated: May 6, 2009 BY: Mark G. C o PA I.D. o. 63199 120 West Tenth Street Erie, Pennsylvania 16501 (814) 459-2800 Attorneys for Plaintiff Northwest Savings Bank # 836623.vl RLEi -0:I iC Z OF THE PR UTH NMARY 2009 MAY 11 PM 3: 17 CU B, I -,R,, 4; Yu q;-hriuN CY PEN NORTHWEST SAVINGS BANK Plaintiff VS. FRANK P. TROHA Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION-LAW NO. 2009-2681 AFFIDAVIT COMMONWEALTH OF PENNSYLVANIA SS: COUNTY OF ERIE Before me, the undersigned notary public, in and for the County and Commonwealth above, personally appeared Mark G. Claypool, Esquire, Attorney for Northwest Savings Bank, who being duly sworn by law, deposes and says that the Defendant is an adult individual and is not in the military service of the United States of America to the best of his knowledge, information and belief and further; that this Affidavit is being supplied according to information furnished to the undersigned by the Plaintiff. KNOX McLAUGHLIN GORNALL & SENNETT, P.C. BY- ark G. C PA I.D. o. 63199 120 West Tenth Street Erie, Pennsylvania 16501 (814) 459-2800 Attorneys for Plaintiff Northwest Savings Bank SWOFj TO AND SUBSCRIBED BEFORE ME THIS (p DAY OF MAY 2009. -ft4tA- P? h Notary Publi # 836623A COMMONWEALTH OF PENNSYLVANIA ENI RIAL SEAL WERNIC KI. NOTARY P11" RIE COUM PENNA. ON EXPIRES ON Wyv. 20, 2012 7009 MAY i i i'? 3? i ? NORTHWEST SAVINGS BANK Plaintiff vs. FRANK P. TROHA Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION-LAW NO. 2009-2681 AFFIDAVIT OF MAILING COMMONWEALTH OF PENNSYLVANIA SS: COUNTY OF ERIE Mark G. Claypool, Esquire, being duly sworn according to law, deposes and states that he is the solicitor for the above Plaintiff in the above-captioned matter and that to the best of his information, knowledge and belief, the name and last known address of the Defendant in the judgment is as follows: Frank P. Troha 39 N. St. Marys Street St. Marys, PA 15857 SWORN TO AND SUBSCRIBED BEFORE ME HIS (? DAY OF MAY, 2 09. Notary Public KNOX McLAUGHLIN GORNALL & SENNETT, P.C. BY Mark G. C PA I. o. 63199 120 West Tenth Street Erie, Pennsylvania 16501 (814) 459-2800 Attorneys for Plaintiff Northwest Savings Bank # 836623.v1 COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL MAWYN A. WERNICKI. NOTARY PLOW ERIE, ERIE COUNTY. PENNA. MY COMMISSION EXPIRES ON NOV. 20. =12 f ILED-0i 1Riv OF THE PRCTH'CN?TARY 2009 MAY I I PH 3: 17 PM,sYL1 f\m WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 09-2681 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due NORTHWEST SAVINGS BANK, Plaintiff (s) From FRANK P. TROHA, 39 N. St. Marys Street, St. Mary's, PA 15857 (1) You are directed to levy upon the property of the defendant (s)and to sell (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: OHIO CASUALTY GROUP, Camp Hill Regional Claim Offices, 275 Grandview Ave., Camp Hill, PA 17011 Any and all funds and/or property of defendant in possession of Garnishee and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $18,234.97 L.L. $.50 Interest Atty's Comm % Due Prothy $2.00 Atty Paid $337.50 Other Costs Plaintiff Paid Date: 5/11/09 Qdtis R. LorlgfPrdthonotr (Seal) By: Deputy REQUESTING PARTY: Name MARK G. CLAYPOOL, ESQUIRE Address: KNOX McLAUGHLIN GORNALL & SENNETT, PC 120 WEST TENTH STREET ERIE, PA 16501 Attorney for: PLAINTIFF Telephone: 814-459-2800 Supreme Court ID No. 63199 Sheriffs Office of Cumberland County R Thomas Kline .44w of cumbor? ?b Edward L Schorpp Sheri Solicitor Ronny R Anderson Jody S Smith Chief Deputy oFfICE r"E s"ERrFF Civil Process Sergeant SHERIFF'S RETURN OF SERVICE 05/13/2009 02:10 PM - Steve Bender, Deputy Sheriff, who being duly sworn according to law, states that on May 13, 2009 at 1410 hours, attached as herein commanded all goods, chattels, rights, debts, credits, and monies of the within named defendant, to wit: Frank Troha, in the hands, possession, or control of the within named garnishee, Ohio Casualty Group, 275 Grandview Avenue, Camp Hill, Cumberland County, Pennsylvania, 17011 by handing to Joanne Renard, Office Manager, personally three copies of interrogatories together with three true and attested copies of the writ of execution and made the contents there of known to her. The writ of execution and notice to defendant was mailed on May 18, 2009 to Frank Troah at 39 St. Marys Street, St. Mary's, PA 15857. 2009-2691 Northwest Savings Bank vs Frank P. Troha So Answers, R. Thomas Kline, Sheriff By _,9-e L Deputy Sheriff . D INO 1-i c_<a