HomeMy WebLinkAbout09-3100
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
PNC BANK, NATIONAL ASSOCIATION,
Plaintiff,
vs.
WORMLEYSBURG RESTAURANT, LLC,
WILLIAM P. GULA and MICHELE
R. GULA,
Defendants.
CIVIL DIVISION
NO. O9 - SILO
CONFESSION OF JUDGMENT
(21 v i 1. Terb--
Pursuant to the authority granted in the Warrant of Attorney contained in the Note, the
undersigned attorney hereby appears for Defendants and confesses judgment in favor of Plaintiff,
PNC BANK, NATIONAL ASSOCIATION, and against Defendants, jointly and severally, as
follows:
Principal Debt
Interest through 12/30/2008
Attorney's Commission
Total
$ 39, 539.88
93.69
3,963.36
S -43M6,93
)LAI
By:
Donna M. Donaher, Esquire
Attorney for PNC Bank, National Association
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
PNC BANK, NATIONAL ASSOCIATION, CIVIL DIVISION
Plaintiff, NO.
vs.
WORMLEYSBURG RESTAURANT, LLC,
WILLIAM P. GULA and MICHELE R. GULA,
Defendants.
COMPLAINT IN CONFESSION OF
JUDGMENT
Filed on behalf of Plaintiff,
PNC Bank, National Association
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
ACT 105 OF 2000 NOTICE
A JUDGMENT HAS BEEN ENTERED AGAINST YOU BY CONFESSION OF JUDGMENT.
PURSUANT TO 42 PA. C.S.A. §2737.1, IF YOU WERE INCORRECTLY IDENTIFIED AS A
DEFENDANT IN THE COMPLAINT IN CONFESSION OF JUDGMENT, YOU MAY BE
ENTITLED TO COSTS AND REASONABLE ATTORNEY FEES AS DETERMINED BY THE
COURT.
YOU MAY TAKE ACTION TO STRIKE THE JUDGMENT BY FOLLOWING THE PROCEDURE
IN RULE 2959 WHICH IS AS FOLLOWS:
PENNSYLVANIA RULE OF CIVIL PROCEDURE 2959 - STRIKING OFF JUDGMENT.
(a) (1) Relief From a judgment by confession shall be sought by petition. Except as provided
in subparagraph (2), all grounds for relief whether to strike off the judgment or to open it must be
asserted in a single petition. The petition may be filed in the county in which the judgment was
originally entered, in any county to which the judgment has been transferred or in any other
county in which the sheriff has received a writ of execution directed to the sheriff to enforce the
judgment.
(2) The ground that the waiver of the due process rights of notice and hearing was not
voluntary, intelligent and knowing shall be raised only
(i) in support of a further request for a stay of execution where the court has
stayed execution despite the timely filing of a petition for relief from the judgment and the
presentation of prima facie evidence of a defense; and
(ii) as provided by Pennsylvania Rule of Civil Procedure 2958.3 or Rule 2973.3.
(3) If written notice is served upon the petitioner pursuant to Rule 2956.1(c)(2) or Rule
2973.1(c), the petition shall be filed within thirty days after such service. Unless the defendant
can demonstrate that there were compelling reasons for the delay, a petition not timely filed
shall be denied.
(b) If the petition states prima facie grounds for relief the court shall issue a rule to show cause
and may grant a stay of proceedings. After being served with a copy of the petition the plaintiff
shall file an answer on or before the return day of the rule. The return day of the rule shall be
fixed by the court by local rule or special order.
(c) A party waives all defenses and objections which are not included in the petition or answer.
(d) The petition and the rule to show cause and the answer shall be served as provided in Rule
440 (see text of Rule 440 reprinted below).
(e) The court shall dispose of the rule on petition and answer, and on any testimony,
depositions, admissions and other evidence. The court for cause shown may stay proceedings
on the petition insofar as it seeks to open the judgment pending disposition of the application to
strike off the judgment. If evidence is produced which a jury trial would require the issues to be
submitted to the jury the court shall open the judgment.
(f) The lien of the judgment or of any levy or attachment shall be preserved while the
proceedings to strike off or open the judgment is pending.
Rule 440. Service of Legal Papers other than Original Process
(a) (1) Copies of all legal papers other than original process filed in an action or served
upon any party to an action shall be served upon every other party to the action. Service shall
be made
(i) by handing or mailing a copy to or leaving a copy for each party at the
address of the party's attorney of record endorsed on an appearance or prior pleading of the
party, or at such other address as a party may agree, or
Note: Such other address as a party may agree might include a mailbox in the
Prothonotary's office or an e-mail address. For electronic service by means other than
facsimile transmission, see Rule 205.4(g).
(ii) by transmitting a copy by facsimile to the party's attorney of record as
provided by subdivision (d).
(2) (i) If there is no attorney of record, service shall be made by handing a copy to
the party or by mailing a copy to or leaving a copy for the party at the address endorsed on an
appearance or prior pleading or the residence or place of business of the party, or by
transmitting a copy by facsimile as provided by subdivision (d).
(ii) If such service cannot be made, service shall be made by leaving a copy at or
mailing a copy to the last known address of the party to be served.
Note: This rule applies to the service upon a party of all legal papers other than original
process and includes, but is not limited to, all other pleadings as well as motions,
petitions, answers thereto, rules, notices, interrogatories and answers thereto. Original
process is served under Rule 400 et seq.
(b) Service by mail of legal papers other than original process is complete upon mailing.
(c) If service of legal papers other than original process is to be made by the sheriff, he shall
notify by ordinary mail the party requesting service to be made that service has or has not been
made upon a named party or person.
BANK_FIN:345526-1 000011-139333
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
PNC BANK, NATIONAL ASSOCIATION,
Plaintiff,
vs.
WORMLEYSBURG RESTAURANT, LLC,
WILLIAM P. GULA and MICHELE
R. GULA,
Defendants.
CIVIL DIVISION
NO LV
COMPLAINT IN CONFESSION OF JUDGMENT
AND NOW, comes the Plaintiff, PNC BANK, NATIONAL ASSOCIATION, by and through
its counsel, Tucker Arensberg, P.C., and files this Complaint confessing judgment in its favor,
stating as follows:
1. Plaintiff, PNC BANK, NATIONAL ASSOCIATION, .("PNCB"), is a national banking
association organized and existing under the laws of the United States of America and a citizen of
Pennsylvania, with its main office located at Fifth Avenue and Wood Street, Pittsburgh,
Pennsylvania.
2. Defendant is Wormleysburg Restaurant, LLC, whose last known address is 1300
Camp Hill Bypass, Camp Hill, Pennsylvania 17011.
3. Defendants are also William P. Gula and Michele R. Gula, whose last known
address is 320 W. Meadow Drive, Mechanicsburg, Pennsylvania 17055.
4. On or about July 9, 2007, Defendants submitted to Plaintiff an Application for a
Business Line of Credit. A true and correct copy of the Application is attached hereto,
incorporated herein and label Exhibit "A".
5. Pursuant to the terms of the Application, the Defendants agreed that should the
line of credit be granted, they would be bound by the terms and conditions of the Business Line of
Credit Agreement.
6. On or about July 10, 2007 the Plaintiff did notify the Defendants that a business
line of credit in the amount of $45,000.00 would be extended.
7. On or about July 10, 2007, the Plaintiff did provide the Defendants with the
Business Line of Credit Agreement ("Agreement") containing the terms and conditions of the line
of credit. A true and correct copy of the document is attached hereto, incorporated herein and
labeled Exhibit "B".
8. The Application and Agreement shall hereinafter be jointly referred to as "Note".
9. There has been no assignment of the Note.
10. Judgment has not been entered on the Note in any jurisdiction against the
Defendants.
11. The judgment by confession sought by PNCB in this Complaint is not being
entered against a natural person in connection with a consumer credit transaction.
12. By Warrant of Attorney contained in the Note, Defendants authorized entry of
judgment by confession.
13. Pursuant to the Warrant of Attorney executed by Defendants, Defendants waived
the benefit of all laws exempting real or personal property from execution.
14. Pursuant to the Warrant of Attorney contained in the Note, judgment may now be
entered against Defendants as payment on the Note was not made when due thereby creating an
event of default under the Note and accelerating all amounts due thereunder.
-2-
15. Under the Note, the following amounts are now due by Defendants to PNCB:
Principal Debt $ 39,539.88
Interest through 12/30/2008 93.69
Attorney's Commission 3,963.36
Total S -43M6,93
16. Under the terms of the Note, Defendants are liable to PNCB for attorney's
commission of ten (10 %) percent for collection.
WHEREFORE, Plaintiff, PNCB, demands that a judgment be entered against Defendants,
Wormleysburg Restaurant, LLC, William P. Gula and Michele R. Gula, jointly and severally, as
authorized in the Warrant of Attorney contained in the Note, in the sum of $43,596.93 together
with interest and costs of suit.
Respectfully submitted,
TUCKER ARENSBERG, P.C.
By:
Donna M. Donaher, Esquire
Pa. I.D. #53165
1500 One PPG Place
Pittsburgh, PA 15222
(412) 566-1212
Attorney for PNC Bank, National Association
-3-
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
PNC BANK, NATIONAL ASSOCIATION,
Plaintiff,
CIVIL DIVISION
NO.
vs.
WORMLEYSBURG RESTAURANT, LLC,
WILLIAM P. GULA and MICHELE
R. GULA,
Defendants.
CERTIFICATE OF RESIDENCE
I hereby certify that the precise address of Plaintiff is:
Fifth Avenue and Wood Street
Pittsburgh, Pennsylvania 15222
and that the last known address of Defendant, Wormleysburg
Restaurant, LLC is:
1300 Camp Hill Bypass
Camp Hill, PA 17011
and that the last known address of Defendants, William P. Gula
and Michele R. Gula is:
320 W. Meadow Drive
Mechanicsburg, PA 17055
By:
Donna . Donaher, Esquire
Attorney for PNC Bank, National Association
AFFIDAVIT
The undersigned hereby certifies that the judgment to be entered in this action is not being
entered against a natural person in connection with a consumer credit transaction. To the
contrary, the underlying transaction is a commercial transaction.
Donna M. Donaher, Esquire
Attorney for PNC Bank, National Association
Sworn to and subs ribed
before me this day
2009.
COMMONWEALTH OF PENNSYLVANIA
La. L6 Naladal Seal
Debra J. PararW, Notary Public
Public city Of Pittsburgh, ale ?coJ*
My Commission Eoires May 9, 2009
Member, Pennsylvania Association of Notaries
BANK FIN:34552F-1 000011-139333
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
PNC BANK, NATIONAL ASSOCIATION,
Plaintiff,
CIVIL DIVISION
NO.
vs.
WORMLEYSBURG RESTAURANT, LLC,
WILLIAM P. GULA and MICHELE
R. GULA,
Defendants.
AFFIDAVIT OF NON-MILITARY SERVICE
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF ALLEGHENY
SS.
I, Darnella Ganaway, being duly sworn according to law, hereby depose and say that the
Defendant is not a member of the military service of the United States of America to the best of
my knowledge, information and belief.
Sworn and subscribed
before me this??D day
of L , 2009.
Notary Public
My commission expires: )14' 2e (/
COMMONWEALTH OF PENNSYLVANIA
Nofaried seal -
Gwendolyn Robison, Notary Public
Cams& Boro, Ahgtwny County
Me ber, PC ? Nov. 9, 2011
nsylvaMa Association of Notaries
BANK FIN:346749-1 000011-139333
(Page 2 of 6)
Q PNC BANK
CHOICE CREDIT` FOR BUSINESS APPLICATION - PENNSYLVANIA
1. onlicaot. The Applicant certifies that the statements made on this application and any other
information provided in connection with this application are true and complete. THE
APPLICANT CERTIFIES THAT ALL LOAN PROCEEDS WILL BE USED FOR
BUSINESS PURPOSES. The term "Applicant" as used herein shall include the business entity
(ies) applying for the loan (the "Borrower") and all other persons who by providing information
herein may be liable for the loan requested in this application as an endorser, surety or guarantor,
or who may be a principal of the Borrower: The Applicant agrees to promptly notify the Bank of
any material changes to this information. The Bank is authorized to make all inquiries it deems
necessary to verify accuracy of the information submitted and to determine the Applicant's
creditworthiness, and to share any information provided to the Bank by or about any Applicant(s)
with any third party that performs services for the Bank in connection with this application or the
loan or to whom this application or any loan to the Applicant may be transferred. The Applicant
authorizes any person or consumer reporting agency to give the Bank or such third party any
information it may have on the Applicant and authorizes the Bank or such third party to make
inquires of the Applicant's accountant directly and obtain any information it deems necessary in
processing this application. The Applicant authorizes the Bank and any transferee of this
application or loan to answer any questions about its credit experience with the Applicant. The
Applicant understands that all fees, including commitment and documentation fees and annual
credit review fees are non-refundable. In addition, once the commitment has been issued, the
Borrower will pay all expenses, including but not limited to: documentation fees, annual fees,
mortgage taxes, - insurance premiums, recording and filing fees, overdraft protection fees,
appraisal foes, etc.
By signing below, the undersigned Applicant(s), who it/are either a principal(s) of the
Borrower or a personal guarantor(s) of its obligations, provides written authorization to
the Bank or Us designee (and any assignee or potential assignee hereof) to obtain my/our
personal credit profile(s) from one or more national credit bureaus. Such authorization
shall extend to obtaining a credit profile in considering this application and subsequently
for the purposes of update, renewal or extension of such credit or additional credit and for
reviewing or collecting the resulting account. A pbotoeopy or facsimile copy of this
authorization shall be valid as the original. By signature below, Itwe affirm my/our
identity (ies) as the respective individuals identified in this application.
2. Inforssaation Sharing. Each Applicant understands that in order to serve our customers
efficiently and offer a full range of financial services, the Bank shares customer transaction and
experience information among the PNC Bank family of companies. PNC Bank companies also
share personal information such as applications, financial statements and credit reports. By
executing this application, each Applicant expressly consents to the sharing of such information
among the PNC Bank companies unless such Applicant requests that the Bank not share this
other personal information (except where such information is used by one PNC Bank company
to service customer accounts for another) by calling the Bank at 1-877-BUS-BNKG
EXHIBIT
PC13WO22Appficadon-PA-0"1-07 ?? ?`
(Page 3 of 6)
(1-877-287-2654) or by writing to the Bank at: PNC Bank, P.O. Box 96066, Pittsburgh,
Pennsylvania 15226 including the Applicant's name, address and account number(s) or Social
Security/EIN number(s).
3. Terms and Conditions. If this application is for: (a) a Choice Credit" for Business Line; (b) a
Choice Credit" for Business Term Loan; or (c) a line of credit or term loan which may be
secured by the Borrower's business assets or equipment; and the Bank approves this application,
the Bank will mail to the Borrower at the address specified in this application, the Business
Banking Line of Credit Agreement or the' Business Banking Term Loan Agreement, as
appropriate (as amended or restated from time to time, the "Terms and Conditions") governing
the line of credit or term loan (as appropriate, collectively, the "Credit Facility'l. The Borrower
agrees that: (i) it shall be bound by all provisions of the Terms and Conditions; (ii) all credit
requested or obtained under the Credit Facility shall be subject to the Terms and Conditions; (iii)
any request by the Borrower for credit under any Credit Facility shall be conclusive evidence that
the Borrower has received the Terms and Conditions and agreed to the terms thereof; and (iv) it
shall pay to the Bank all amounts outstanding from time to time under any Credit Facility in
accordance with the Terms and Conditions. The Borrower agrees to immediately notify the Bank
if it does not receive the Terms and Conditions within seven (7) days after submission of this
application to the Bank, or if the Borrower does not agree to be bound by the Terns and
Conditions upon receipt thereof. The Borrower agrees that if it does not agree to be bound by the
Terms and Conditions, the Borrower promises to immediately repay to the Bank any proceeds of
any Credit Facility which have been disbursed to, or on behalf of, the Borrower.
The remaining paragraphs apply only if the Credit Facility is-6 (a) a Choke Credit" for.
Busineass Line; (b) a Choice Credit" for Business Term Loan; or (c) a line of credit or term
loan which may be secured by the Borrower's business assets or equipment.
4. Gjumy. in consideration of the extension of credit from the Bank to the Borrower and other
good and valuable consideration, each of the undersigned owners (individually, a "Guarantor"
and collectively, the "Guarantors") hereby jointly and severally guarantees, and becomes surety
for, the prompt payment and performance, when due, of all obligations owing by the Borrower to
the Bank, whether now existing or hereafter arising, including, without limitation, in connection
with or under any Credit Facility and all obligations now or hereafter due under the Terms and
conditions (collectively, the "Obligations'). This guaranty is absolute, unconditional,
irrevocable and continuing and will remain in full force and effect until all of the Obligations
have been paid in full. This Guaranty will not be affected by: any release by the Bank of any
other party, guaranty or security held by it for any of the. Obligations; by any failure of the Bank
to preserve its rights to any guaranty; or by any irregularity, unenforceability or invalidity of any
of the Obligations or any part thereof or any guaranty thercoE This is a guaranty of payment and
not of collection and the Bank shall not be required, as a condition of any Guarantor's liability, to
make any demand upon or to first pursue any of its rights against any Borrower or particular
Guarantor, or to pursue any rights which may be available to it with respect to any other person
who may be liable for the payment of the Obligations. Each Guarantor hereby waives: notice of
acceptance of this Guaranty, notice of extensions of credit to the Borrower fi+om time to time,
notice of default, diligence, presentment, notice of dishonor, protest, or demand for payment.
PCae= ApplicaUorrPA4441-07
(Page 4 of 6)
The Bank at any time and from time to time, without notice to or the consent of any Guarantor,
and without impairing or releasing, discharging or modifying any Guarantor's liabilities
hereunder, may: (a) change any of the Terms and Conditions relating to any of the Obligations;
(b) renew, substitute, modify, amend or alter, or grant consents or waivers relating to, any of the
Obligations, any other guaranties or any security for any Obligations; (c) apply any and all
payments by whomever paid or however realized, to any Obligations of the Borrower in such
order, manner and amount as the Bank may determine in its. sole discretion; (d) deal with any
other person with respect to any Obligations in such manner as the Bank deems appropriate in its
sole discretion; (e) substitute, exchange or release any security or guaranty; or (0 take such
actions and exercise such remedies as provided herein or any of the Terns and Conditions. Until
the Obligations are paid in full, each Guarantor postpones and subordinates in favor of the Bank
any and all rights, which such Guarantor may have to assert any claim against any Borrower or to
any realization on any property of any Borrower. Each Guarantor's obligations hereunder shall
not be affected, modified or impaired by any counterclaim, set-ot& recoupment, deduction or
defense based upon any claim such Guarantor may have against any Borrower or other Guarantor
or the Bank except payment of the Obligations. To the extent that the Bank incurs any costs or
expenses in protecting or enforcing its rights under the Obligations or this Guaranty, including
reasonable attorneys' fees and the costs and expenses of litigation, such costs and expenses will
be due on demand, will be included in the Obligations, and will bear interest from the incurring
or payment thereof in accordance with the Terns and Conditions. This Guaranty will be binding
upon and inure to the benefit of each Guarantor and the Bank and their respective heirs,
executors, administrators, successors and assigns.
5. _r In addition to all liens upon and rights of setoff against the money, securities
or other property of any Borrower or Guarantor given to the Bank by law, the Beak shall have,
with respect to all Obligations to the Bank under any Credit Facility or the Terms and Conditions
and to the extent permitted by law, a contractual possessory security interest in and a contractual
right of setoff against, and each Borrower and Guarantor hereby assigns, conveys, delivers,
pledges and transfers to the Bank, all of its right, title and interest in and to, all deposits, moneys,
securities and other property now or hereafter in the possession of or on deposit with, or in transit
to, the Bank whether held in a general or special account or deposit, whether held jointly with
someone else, or whether held for safekeeping or otherwise, excluding, however, all IRA,
Keogh, and trust accounts. Every such security interest and right of setoff may be exercised
without demand or notice. Every such right of setoff shall be deemed to have been exercised
immediately upon the occurrence of a default without any action of the Bank, although the Bank
may enter such setoff on its books and records at a later time.
6. Power to Confm Jad?tnenk Borrower and each Guarantor hereby jointly and severally
irrevocably authorize and empower the Prothonotary, any attorney or any clerk of any
court of record, after the occurrence of any Default under the Terms and Conditions, to
appear for and confess judgment against any or all such parties for such sums as are due
and/or may become due under any Credit Facility, with costs of suit, without stay of
execution, and with ten percent (10%) of the amount of such judgment, but not less than
$1,000, added for attorneys' collection fees. To the extent permitted by law, the Borrower
and each Guarantor releases all errors in such proceedings. If a copy of this instrument,
PC88=2 AW* adon-PA-04-01-07
(Page 5 of 6)
verified by or on behalf of the Bank shag have been filed in such action, it shall not be
necessary to file the original instrument as a warrant of attorney. Interest on any such
judgment shag accrue at a rate per annum which shag be five percent (510%) in excess of the
interest rate in effect from time to time under the Terms and Conditions but not more than
the maximum rate allowed by law. The authority and power to appear for and confess
judgment against the Borrower and each Guarantor shall not be exhausted by the initial
exercise thereof and may be exercised as often as the Bank shag fbd it necessary and
desirable and this instrument shag be a sufficient warrant therefor.
BEING FULLY AWARE OF ITS RIGHTS TO PRIOR NOTICE AND A HEARING ON
THE VALIDITY OF ANY JUDGMENT OR OTHER CLAIMS THAT MAY BE
ASSERTED AGAINST IT BY BANK HEREUNDER BEFORE JUDGMENT IS
ENTERED, EACH BORROWER AND GUARANTOR HEREBY FREELY,
KNOWINGLY AND INTELLIGENTLY WAIVES THESE RIGHTS AND EXPRESSLY
AGREES AND CONSENTS TO BANK'S ENTERING JUDGMENT AGAINST IT BY
CONFESSION PURSUANT TO THE TERMS HEREOF. FURTHER, BEING FULLY
AWARE OF ITS RIGHTS AFTER JUDGMENT IS ENTERED (INCLUDING THE
RIGHT TO OPEN OR STRUM THE JUDGMENT), EACH BORROWER AND
GUARANTOR HEREBY FREELY, KNOWINGLY AND INTELLIGENTLY WAIVES
ITS RIGHTS TO NOTICE AND A HEARING AND EXPRESSLY AGREES AND
CONSENTS TO BANK'S TAKING SUCH ACTIONS AS MAY BE PERMITTED
UNDER APPLICABLE STATE AND FEDERAL LAW WITHOUT PRIOR NOTICE.
EACH BORROWER AND GUARANTOR CERTIFIES THAT A REPRESENTATIVE
OF BANK SPECIFICALLY CALLED THE CONFESSION OF JUDGMENT
PROVISION TO ITS ATTENTION AND/OR THAT IT WAS, OR HAD THE
OPPORTUNITY TO BE, REPRESENTED BY LEGAL COUNSEL IN CONNECTION
WITH THIS DOCUMENT.
7. WAIVER OF JURY TRIAL. THE BORROWER AND EACH GUARANTOR
IRREVOCABLY WAIVES ANY AND ALL RIGHT SUCH BORROWER OR
GUARANTOR MAY HAVE TO A TRIAL BY JURY IN ANY ACTION, PROCEEDING
OR CLAIM OF ANY NATURE RELATING TO THIS INSTRUMENT, ANY
DOCUMENTS EXECUTED IN CONNECTION WITH THIS INSTRUMENT OR ANY
TRANSACTION CONTEMPLATED IN ANY OF SUCH DOCUMENTS. THE
BORROWER AND EACH GUARANTOR ACKNOWLEDGES THAT THE
FOREGOING WAIVER IS KNOWING AND VOLUNTARY AND IS A MATERIAL
INDUCEMENT FOR THE PARTIES ENTERING INTO THIS TRANSACTION.
PCBBC022 Appiicadon-PA-04-01-07
Page 6 of 6)
Mill
i
Borrower(s):
(Now of cwpaa mmk Paumm* or 66w Emw. irspplic*k)
MoTO' If borrower is a pwuwrship, all general
if Borrower is a corporation. any required ofiieer(s) must sign.
Pw ma must s>pt. Prkkst,
0115rer T'tles should Q be as follows: If a Sole Proprietor - Ou'ar•, a Corporation -
Vita-Praident, Secretary, or Treasurer, m LLC - Member.
If Borrower is a legal entity, dW nrders*PAd officer(sypmuw(symemba(s) mat and warratt that they are duty
authorized to execute and deliver this Appliadm and say other agroemants on behalf of such entity (any of which may
coataia a warrant of attamey authorizing the Baok to coufm jw*rA nt qpinst die entity for as ma due or to become
due by the an" to the Beak), sU nmmwy action to authorize the mecutiaa ad dellmy of this Application and such
agrean mb has been properly taken, and the Borrower is and will cootim to be duly andwriud to borrow under the
Credit Facility and to p" m all of the other terms and pmvbiam of the each aruuw .+-
REQ1tJ&RT FOR VMMAL LINE CREDIT ADVANCE. If the Application for a lino of credit is approved,
Borrower Mraby request the Baak make an advance wader the Credit Facility in as aumnmt of $
[COM FOIR LAM t7' ONLY] at the bole of closing and directs the Bank to deposit such advance
into .PIx,Asp account noted in die Apon. /1
pCBBC022 Appkedon-PA-04-01-07
(Page 1 of 6)
PNC Bank
P5-PCLC-01-V
2730 Liberty Avenue
Pittsburgh, PA 15222
00 PN C BANK BUSINESS BANKING
July 10, 2007
Wo mleysburg Restaurant LLC 0068
3716 Simpson Ferry Road
Camp Hill, PA 17011
BUSINESS BANKING LINE OF CREDIT AGREEMENT
Borrower:
Wormleysburg Restaurant LLC
3716 Simpson Ferry Road
Camp Hill, PA 17011
Bank:
PNC Bank, National Association
4242 Carlisle Pike
Camp Hill, PA 17001
Maximum Credit:
$45,000
Annual Fee:
$175.00
Initial Index:
8.25%
Margin:
1.0 0
Initial Rate:
9.25%
Date of Loan:
July 10, 2007
EXHIBIT
APSB 1 07102007APS005WI S
Page 3 of 6)
QPNCBANK BUSINESS BANKING
BUSINESS BANKING LINE OF CREDIT AGREEMENT
ADDITIONAL TERMS
We are. pleased lo have you as a customer and to provide yyoouu w??ith a copy of these terms and conditions (the "Terms and Conditions") governing the line
of credit provided to you by us. These Temps and Camitbna are an Important of your Business Banking Line ot Credit Agreement A supply
of checks to enable you to begin using your account will be meted to you s reed these Terms and Corhditkxhs cerefufiy. Your use or
acceptance of any Line proceeds will be deemed evidence of your agreement to these Terns and Conditions.
1. DEFINITIONS. In this Agreement, the following definitions apply:
"Agreement" means this Business Banking Line of Credit Agreement and any amendment or addendum to this Agreement
"We," "us," "our" or "Bank" means the Bank identified on the first page of this Agreement or any person or entity to whom the rights of the Bank have
been assigned.
"You • "your " "yours' or 'Borrower' means the individual(s) or entitv(ies) identified on the first page of this Agreement who have applied to the Bank for
the Line, for whom an account has been approved and who are He above as a Borrower
"Billing Cycle" means the interval between the dates on which monthly statements are prepared.
'Expiration Date" shall be the date which is one year from the Date of Loan shown on the first page of this Agreement, or such later date as may be
designated by written notice from us to you.
"Maximum Credit Limir or 'Maximum Credit" means the total dollar amount of credit available to you from time to time, the initial amount of which is
identified on the first page of this Agreement
means the date which will appear each month as the "Payment Due Date" on the billing statement. The Payment Due Date will be determined by the
Bank at the Bank's discretion.
"Termination' means that you will no longer be able to obtain loans or any extension of credit on this account. Termination affects the account
permanently.
2. GENERAL DESCRIPTION OF THE ACCOUNT. This account is a revoly'mg line account, sometimes called a line of credit It is intended to be used
only for business purposes. You represent that It will not be used primarily for personal, family, or household purposes. You may obtain loans on this
account in the ways described in the "Account Privileges" section of this Agreement up to the Maximum Credit Limit ntil this account is terminated.
Interest will be charged on the outstanding principal balance at a rate that may change from time to time. Each new rate will apply to the outstarding
balance an your account and all new borowirigs untd the rate changes again.
3. AUTHORIZED SIGNERS. In the Agreement, you are to designate the person(s) who are authorized to write checks or obtain funds from this account
by any other means as we may, from time to time, permit wtthout the signature or endorsement of any other B. rower. Army are of the authorized signers
may act alone. If more than one name Is Identified as Borrower, each individual Borrower named has sufority to write checks or obtain funds from this
account by any other means as we may, from time to time, permit without the signature or endorsement of any other Borrower.
We may honor drafts drawn by an authorized signer even If the drafts are made payable to the aigner tq cash, or for its to the authorized signer's
personal account. We have no duty to investigaor question the application of Lure funds. We may refuse to honor drafts or rek estis r unds If weze
uncertain as to anyone's continuing authority to act as an authorized signer, or If the signature on a draft does not appear to be
signer.
4. HOW YOU AGREE TO THE TERMS OF THIS ACCOUNT. Applying for the Line, using your account or permitting someone else to use your account
constitutes your agreement with us to be bound by this Agreement
5. ACCOUNT PRIVILEGES. We have established this account for you with a Maximum Credit Limit in the amount set forth on the first page of this
Agreement which may change from time to time and which will appear on your mon= billing statement. You may use Bit credit to obtain bans from
time to time until the Expiration Date by writing checks given by us" to you for that special purpose in amounts of not less than $1,000.00 or by using anther
methods which we permit You may net use this account make payments on ft or arry other PNC Bank ecoount You may continue to obtain
bans until this account is terminated or On Expiration Date, whichever Is earlier. You authorize us to charge this account for all chad syou write on this
account for bans you make and for interest and any ether amounts which you agree in this Agreement to pay. H you lose the checks mMtich were to
You to obtain bans from this account, or someone ies obtained them without Your'e m sion youmust tell us Immediately. You acknowledge agree
that in no event will we be under any obligation to extend or renew this account e6 yard the initial Expiration Date.
We agree to pay knacks which are dated. drawn and issued on this accent by you to the earlier of the termination of this account or the Expiration
Date. We are riot obNgaoed to checks that cause you balance to exceed yax Nckr um Credit Limit We are not obligated to pay any docks dated,
drawn or issued by you or received by us after this aunt is terminated, if you balance exceeds Yyour Maximum Credit Li or if your c tic ks have been
reported lost ors You agree t the only checks that you will write to make khans from the accent wip be those ued by us far that special
purpose.
6. OVERDRAFT PROTECTION. If you elect Overdraft Protection for this account, we will make a deposit to the business checking account with us
designated by you whenever a withdrawal is made from that checking account either by writing a check from the chedkng acoo' t or in some other way,
in an amount which is more rtarhey then the balance in that checking accent. The amount which we will deposit wsI be the amount by which the
withdrawal exceeds the balance in the check account, rounded up to the next whole $1.00• however, the amount which we will deposit wit( not be less
than $50.00. We will Lchwge the amount of the deposit as a ban from this account We do not have to make a deposit to the checking account If a
deposit will cause the balance of this account to exceed the Maximum Credit Limit or would violate this Agreement Checking account checks which are
returned will be subject to our regular overdraft charges.
7. YOU AGREE:
a) not to write checks for less than $1,000.00;
b3 to repay a n amounts advanced hereunder together with interest as provided in this Agreement;
c not to make bans from this account which will cause the outstanding balance on this account at any time to exceed the Maximum Credit Limit which we
have nowxwell or approve at any time in the future
d) to igimvmedia Y pay the =mount of any bans in excess of t ie Maximum Credit Limit;
uch financial statements as we may request from time to time-
e ) to a us s
f) to pay us costs of collection, including court costs and reasonable legal fees and expenses allowed by law, if we refer your account to an attorney for
collection;
g) not to give us false information or signatures at any time or let anyone who is not a Borrower use this account;
Fh to pay a Late Cfh a as provided n the Agreement for each month any payment is not made within fifteen (15) days of its Payment Due Date; and
1) to forhor any and a other promises that you make In this Agreement
8. SECURITY INTEREST. Money on deposit with us and property held by us secure loans made under this Agreement; collateral securing other
obligations to us may also secure bans under this Agreement.
Page 2
APSB I M NEW on 07102007APS005Wl S
(Page 4 of 6)
Q,PNCBANK BUSINESS BANKING
9. INTEREST. The interest rate on the Line is subject to change from time to time based on chi in artindependent index which will be the highest
Prime Rate published In the Rates" section of The Wall Street Journal for the last day of I cebndar month which is reported (the
Index"). The kdex is not IF the lowest rate we charge on our loans. If the Index becomes unavallable during the Germ of this account, we may
a substitute index o ling you. We will tail you the current Index rate upon your request. You understand that we may =Cycle of
creou and bans based on other rates as well. The interest rate change will not occur more often than each month. The Index for a EEt>rilgng Cycle is
determined on the first day of that cycle based on the Index for the last dof the preceding calendar month which Is reported. The current Index is set
forth on the first page of Oft Agreement. The interest rate to be applied to the unpaid principal balance of this account is determined by adding a number
of percentage poirmCs (the "Margin") to the Index. This Margin is set forth on the first page of this Agreement, as is the initial interest rate for time account
(the Index rate plus the Margin).
Interest on the principal balance of loans outstanding on this account is computed on a 365/360 simple interest basis; that is, by applying the ratio of the
annual interest rate on the first day of the tiding Cycle over a year of 360 days to obtain a clot periodic rate, multiplied by the average daily principal
balance during the Billing Cycle, multiplied by the actual number of days in the Billing Cycle. Under no circumstances will the interest rate on this account
be more than the maximum rate allowed by applicable law.
10. MONTHLY INTEREST PAYMENTS. You agree to pay the accrued and unpaid interest on this account each rtanth an the Payment Due Date. Your
payments must be sent to us at the address shown above or at such other place as we may designate in writing. Unless otherwise agreed in writing or
required by applicable law, payments will be applied first to any accrued unpaid interest, then to principal, and any remaining araunt to any unpaid
collection cos and any late granges.
11. LATE CHARGES. If you fail to pay us the pa due by the payment due date reflected on your monthly statement we may charge you a Late
Charge of $100 or 5% of the amount past due, w= ever Is less.
12. AUTOMATIC PAYMENT; DEPOSITORY; INCREASE OF MARGIN. You agree to establish and maintain a business checking account with us during
the
the term of this Agresnrment which shell be your primary depository account. You authorize us to deduct your rtarmlFmly syments on tine account from
checking account automatically. If two are imsuMclent collected and available finds In the checking account we wit not be required to advance furls to
cover the payment We reserve the right to terminate the automatic payment service at any time, wwillah'? or without cause. If you revoke your authorization
for us to automatically deduct your monthly payments on the account from the checking aaccount any reason whatsoever or fall to maintain a checking
account with us which may be emerged, we at our option, upon thirty (30) days rnmooa6 to you, increase the Interest rate Margin set forth on the f rsit
page of this Agreement by D.25 percentage poi % (0.2596).
If you fail tD establish and maintain your primary depository account with us, we may, at our option, upon thirty (30) days notice to you, Increase the
interest rate Margin set forth on the first page of this Agreement by up to 1.00 percentage points (1.0096).
Our right to increase the Interest rate Margin pursuant to this Section shall be in addition to any other rights or remedies we may have, all of which are
hereby reserved, and shall not corstitute a waver, release or limitation upon our exercise of any such rights or remedies.
13. PREPAYMENT. You may pay without penalty all or any portion of the amount owed earlier than it is due. Early payments will not relieve you of your
obligation to continue to make payments of accrued unpaid interest Rather, they will reduce the principal balance due.
14. MONTHLY STATEMENTS AND CHECKS. We will send you. a monthly statement for each Ming cycle in which activity is posted to this account or if
there is a debit or credit balance of more than $1.00 or for any unngg cycle In which we Impose interest The statement will show advances made the
amount due for accrued unpaid interest, paYmeets made and the balance which you owe. All payments must be received by us in U.S. dollars at the
remittance address disclosed an your monthly biting .stateri Any su bsidiary affiliate of ous may act as yar agent in receiving?lpayments on this
ty 60? from the date it is mated, lime statartment s be considered
account Unless you notify of us in d errors in the staternt within six (
correct and accepted b you. We need not mail you a statement if we deem this account uncoiectable or If delinquency collection s have been
started by us. If there more than one Borrower each agrees that M the statement Is sent to and accepted by arty you, It she be corms -ad correct
as to and accepted by all of you. We shall retain all checks drawn on this account.
15. CREDIT REVIEW. By ac this account, you authorize us to check your credit and em t history and to answer any questions about our
experience with you. You alsoe it to obtain from and exchange information with our sates and correspondents. Irfommstion from credit
bureaus was obtained with respect to this account. H you ask, we will tell you whether or not a consumer credit report was requested from a credit bureau
and the name and address of the credit bureau(s) theit provided the consumer credit report. At our option, we may obtain updated credit bureau reports
and income verifications on you as is reasonably necessary to protect our Interests.
16. CUSTOMER INFORMATION. You understand that we share transaction information with PNC Bank affiliates and with any third pail that perfamms
services for us in connection with this accent or to wham this account may be transferred. We may also share other iliommai you or all 1rd
ode. If you do not want us to share personal, nontransaclion information with PNC Bank afilfates, please write us at PNC Bank, P. O. Box
Pittsburgh, Pennsylvania 15226. Be sure to include your name, address, account number(s) or Social Security/EIN number (s).
T. You will be in defauN If any of the following happens:
to pay any payment when it is due;
to pay us tthee amount of any advances in excess of the Maximum Credit Limit within ten (10) days after we mail a notice to you demanding
use the proceeds of bans
or any guarantor fall to pr
die, are put In jail or If a c
malice an ass it for
e fl ?
do not no* us wiWn ten
this account
Lis with an ut
under this
non our rer
or
or
so mno$ that you are rncapaatatec;
are or became insolvent, if a receiver is appointed for any part of your property, or If
are tmnea or egemst
Kant against you, or sr" or levies on any property of yours;
of erry change in your address;
is or trove provided us with false information or signatures at any time,
Yin any duty in this Agreement or any other ban or with us;
mean of credit, sagreement purchase or salea??t agrearnenk or any other a9reernent, in favor of any other
fact any of your tx your a ty to repay this account or perform your obigations under this ARvement
Ianycreditor tries to take any of your properly on or in which we have a lion or security interest this includes a gamishrient of any your accounts
'Aft
m) Ifua );material adverse change occurs in your financial condition, or we believe the prospect of payment or performance of the account is impaired;
n) If you fail to establish and maintain your primary deposit account with us;
o) If any of the events described In this default section occurs with respect to any guarantor of this account-
p If any guarantor seeks, claims or otherwise attempts to limit, modify, revoke such guarantor's guaranty a this account or any other loan with us; or
q J we, in good faith, deem ourselves insecure.
18. OUR RIGHTS UPON DEFAULT. If a default occurs, we will have no further duty to pay checks or make advances from this account and this account
will be terminated. This will happen without prior notice to you. If we choose, at our sole di ion to pay checks from this account or make advances after
default you nee that we may charge those bans to this account if any event described in Sections 17(f). (g) or (h) happens, amounts which
owe us under Agreement shall be immediately due and payable without prior notice to you or right to cure, except im=lwo by taw. If any ol
event specified In Section 17 occurs, all amounts which you owe us under this Agreement shall be due and at Cam won, without
prior notice to you, or right to cure, except as required by law The other provisions of this Agreernetnt will code b a account. H we get a
judgment after deault and/or you are a debtor in an a flied by or a nst you under the Bankruptcy Code, unless ?+?o ibited by applk?ble law the
rates applicable to this account WIN continue to apply to the balances on is account. A default under this Agreement is a default under every other note,
loan agreement or security agreement that you have with us.
Page 3
Page 5 of 6)
GPNCBANK
BUSINESS BANKING
Upon default, d we declare the entire outstanding principal, unpaid interest and charges on your account immediately due and payable, you must pay that
amount immediately. Upon your default we may Increase the Interest Mern up io five percentage ?inb (596) over the variable rate on this
account if Mowed by We may hire or pay someone else to help us cdiect this acc o nt If you tail to pay in accordance with this Agreement You
agree to pay our collar costs (i without limitation, the cost of in-house attorneys and sta whether ar not we hire anyone else to help us
collect this accounL This hxkdes,=?to any limits under appicable law, our 'fees and expenses whether or not there Is a lawsuit,
including a omega' fees and legal far bank y kx?udng efforts to modify vacate any automatic stay or &igncl;) lappeals
and arty an cipefed post+idgment services. in tion to all offer sums provided by law, you will also pay any court costs not prod bited by
applicable law.
19. FEES. Your account is submit to the Annual Fee described on the first page of this Agreement. The Annual Fee will be charged in advance on the
anniversary date of your account and is not refundable.
20. TERMINATION BY YOU. You terminate this Agreement at any time that you are not In default by: (1) mailing or delivering a written notice to us
that you are tent I noting this accountl WO rig us the outstanding principal balance of the account, the accrued and unpaid Interest on the balance, and
all oilier amounts due in arcccpoerrdtyance the terns of this Ayou to access greement and (11) immediately returning all checks and other credit access devices, if
aropunrehdim which our checks. Any puse m and that were provided. checks after the account is tertnkrai be x conaccount sidered fYraceud will rue to be liable for any advances made pursuant
21. TERMINATION BY US. Upon sbdy (60) prior wmron 1`101100 to you we «rey w"'Jumm uua awwln' w,U, . w?,
payment of the outstanding principal balance of account, the accrued arn? interest on the balance, and all other amounts due in Accordance
with the terms of this Aqggreement Unless our notice provides otherwise, we will have no Artier obligation to matte any now loans to you. Termination
under this paragraph will not affect any checks which comply with this Aa t and which were written and issued by you before the date on the
tem?inatbn notice or any other loans made under this Agreamerd before -the date on the tertNnatfon notice. If we ctiooae. at our sole option, to pay
checks or make advances after we have terminated this account, you agree that we mayd?those bares to this account After lermicetion the checks
re our properly and that were to you to access your account must be retuurmed to us
and other credit access devices, ff applicable, which a p
immediately.
22. CONVERSION TO TERM LOAN. We re
term ban, with or without cause, upon pror
tom to a row monthly payment with reap
ion pay?n?t with respect to the Term L
Notice aha9 be based rpm an amortization
Loan Portion shall be determined monthly a
balance of the accent so converted over 11v
such payment is calculated by us. AN outsi
Conversion
re wcrm Notice, Term rmiLoan Credit Ur
uu
a
amount of the account may be reinstated. I
with this paragraph.
n
determined us ID be necessary to ftmy amore ale amen osn inomng
on Period at effective interest rote on the account as of the date the i
red interest will be due on the last day of the Amortization Period. Fdlu
reduced to the Initial amount of the Term Loan Portion. You may not
us. Upon payment In full of the Term Loan Portion and with our conser
Agreements all apply to the Tenn Loan Potion except to the extent kK
we
23. OUR LIABILITY. We have no responsibility for failure of any machine merchant or
permit from lime to time to be used to obtain other party to tKxmor checks or any other means which we may
obtain a ban from this account. bur liability If any, for whir l dishonor check written on this account Is
limited to your actual damages. Dishonor for any reason as provided under the terms c( this Agreement not wrongful dishonor.
24. POST-DATED, STALE DATED, STOP PAYMENT AND CERTIFICATION OF CHECKS. Procedures and laws able to post-dated, stale dated,
and stop of checks in connection with transactloris on regular business checking accounts shah >? under this Agreement. You
agree not Ptpost-dated checks. You a 3top order on a check by Onvidir ig us with dw on the date nurrm6er, payee, and
=ah
exact amount (r dWm and cents) of to clock at?brarah otr byy calling or writing us at the followirg address: PNC Bank, bentraNzed Customer
Assistance, 2730 Liberty Avenue, Pittsburgh PA 1 We will not be lWho for paying a check if your request Is incomplete, Incorrect in any detail or is
not provided to us in a time and maruier whmcti affords us a reasonable opportunity to act upon it We Will not certify" a check on this account
25. AMENDMENT OF AGREEMENT. We may amend this Agreement from time to time, in any respect, y g written notice where required by
law. Such amendments will amply to outstarncng balances and new loans except as otherwise indicated b in the=nonce. If you do not agree tD be
bound by the term of any amenndment,you must notify us of your election to terminate the account pursuant to Section 20 of these Terms and Conditlons
within thirty (30) days of date we sent you our notice of the amendment
26. YOUR RESPONSIBILITIES TO US. If more than one person is identified as Borrower, each and all of you are equally responsible, individually and
together, to us for payment In full of this account If we extend credit 1 by posting any advance to your account prior to receiving written notice of
your death or incapacity, such transaction shall be a valid and binding obi coin your estate and upon your heirs and personal representatives.
27. REMEDIES CUMULATIVE. Our remedies under-this Agreement shall be cumulative and not alternative.
28. DELAY IN ENFORCEMENT. We can deliy In enforcing any of our rights under this Agreement without losing them. Any waiver by us of any
provision of this Agreement will not be a waiver aFihe same or any dither provision on any other occasion.
29. ASSIGNMENT. You may not assign or otherwise transfer your rights and privileges under this Agreement, or delegate your obligations to repay
amounts you owe us. Ay attempt by you to assign or dale -te will be void and of no effect. We may assign any and all of our fights under this
Agreement at airy time without your consent A person (s) to wlwm we assign this Agreement shall be entitled to all of our rights under this Agreement.
None of your rights or obligations shall be effected by such assignmenL
30. REPLACEMENT OF PRIOR AGREEMENTS. This Agreement replaces all earlier agreements and governs all balances on this account, including
balances carried over onto this account from any prior account, just as 1r ft had been in effect before the first advu3nce from this account
31. GOVERNING LAW AND CONSTRUCTION; JURISDICTION. This Agreement has been delivered to and accepted by us and will be deemed to be
made in the State where our office Indicated on the ffrst-pege of this Agreertment Is located. Regardless of the State of our residence, you agree that is
Agreement will be interpreted, and the rights and IiabBties of the partlis deterink In accordance with. the laws of the State where our office lrvdk=W
on the first page of fhb Agreement is busted excluding Its conflict of laws rules. You consent to the exclusive jurisdiction of any state or
federal court located for the courity or judcial aiihict where our office kndcaled on the first page of this Agreement is located and consent that ail service
of process may be sent by nationally recognized overnight courier service directed to yo, at ycur address set forth on the first page of this Agreement and
service so made will be deemed to be completed on the business day after deposit with such courier, provided that nottang confined inoft Agreement
will prevent us from any action, entora any award or meat or exercising an rights uagainst you individually, against any security or against
any of yotr property?in airy other county state or other tore ggnngor domestic jurisdiction. You aclcruwledge and agree that the venue provided this
paragraph is the most convenient forum for troth you and us. You waive any objection to venue and any oblectiori based on a more convenient forum in
any action instituted under this Agreement.
Page 4
APSB IWIIM?M 07102007APS005801 S
(Page 6 of 6)
QPNCBANK BUSINESS BANKING
32 SEVERABILITY. Harty provision of this Agreement is held to be invalid or unenforceable, such determination shall not affect the validity or
enforceability of the remaking provisions of this Agreement.
33. GENERAL PROVISIONS. To the fullest extent allowed by law, you and an other person who guarantees or is otherwise liable for this account waive
any .pp?icable statute of lirtriretions, presentment demand for payment,nt pr?tesi and notice of cshonor. Upon any chwW of this Agreement, and unless
othervvfse?prasyly staled in wtitlng, no party obligated on this accou, di as a guarantor, shah be refsased iabNily. We may renew or
extend ( and for any Ie?? of tkne) Phis account, or release arty or guaranbr or collateral; ar knpeir, faN to realize upon or perfect our
security ' tin any cx>?Oeral; arrd fake arty other actlon deemed necessary us without the consent of, or notce to, anyone. We may modtfy this
account without the consent of, or notice to,anyone other than the party with whom the mocHflcatlon is made. Any notice to us which is required by ifiis
Agreement must be sent to us at the address sef forth on the first page of this Agreement.
Page 5
VERIFICATION
The undersigned, Darnella Ganaway, hereby verifies the statements of fact contained in
the attached Complaint in Confession of Judgment to be true and correct according to her
personal knowledge, information and belief, and further pledges that this verification is made
subject to the penalties of 18 Pa. C.S.A. §4904 relating to unsworn falsification to authorities.
Date: ? "24 By:
Attorney Relations Manager
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
PNC BANK, NATIONAL ASSOCIATION,
Plaintiff,
vs.
WORMLEYSBURG RESTAURANT, LLC,
WILLIAM P. GULA and MICHELE
R. GULA,
Defendants.
I, Darnella Ganaway, Attorney Relations Manager, PNC Bank, National Association,
hereby certify that the facts set forth in the foregoing Complaint in Confession of Judgment are
true and correct to the best of my knowledge, 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 Notes (as those are defined in the Complaint); that the
underlying transactions giving rise to this action are commercial in nature and are not consumer
credit transactions against a natural person; and that I am authorized to make this Affidavit.
PNC,Bank\ National Association
By:
Sworn to and subscribed
before me this 226
day of Pte" ?°GtAf Q--I' , 2009.
CIVIL DIVISION
NO.
AFFIDAVIT
warneua vagaway
Attorney Relations
C??XNWEALF PENNSYLVANIA
Notarial seal
GwMendolyrt Robhar, Notary public
Notary Public Myc E)q*xptiftv. Cou*
os Nov. , 2011
My commission expires. /?? Member, Penns4Avarrla A,"Wation of Notaries.
BANK FIN:346748-1 000011-139333
ti •
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
PNC BANK, NATIONAL ASSOCIATION,
Plaintiff,
CIVIL DIVISION
NO.
vs.
WORMLEYSBURG RESTAURANT, LLC,
WILLIAM P. GULA and MICHELE
R. GULA,
Defendants.
TO: Wormleysburg Restaurant, LLC
1300 Camp Hill Bypass
Mechanicsburg, PA 17055
NOTICE OF ENTRY OF JUDGMENT
Please take notice that on "0w is , 2009, a Judgment by Confession of
Judgment, was entered against you in the court and at docket term and number set forth above.
The amount of the Judgment is $43,596.93, plus costs.
PCounty
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
PNC BANK, NATIONAL ASSOCIATION,
Plaintiff,
CIVIL DIVISION
NO.
vs.
WORMLEYSBURG RESTAURANT, LLC,
WILLIAM P. GULA and MICHELE
R. GULA,
Defendants.
TO: William P. Gula
320 W. Meadow Drive
Mechanicsburg, PA 17055
NOTICE OF ENTRY OF JUDGMENT
Please take notice that on MOL4 l5^ , 2009, a Judgment by Confession of
Judgment, was entered against you in the court and at docket term and number set forth above.
The amount of the Judgment is $43,596.93, plus costs.
44?--
Pro onota en d County
FILE ..,
CF TL
Off 17r ?' t PH 12: ?
fY )ti
.f.-'rlti 7 i .re
4al.5o PO ATrY
C'xi 3d383(o
004teR, Il l au. a
4 r; ?
i as w
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
PNC BANK, NATIONAL ASSOCIATION, ) CIVIL DIVISION
Plaintiff,
NO.
vs.
WORMLEYSBURG RESTAURANT, LLC,
WILLIAM P. GULA and MICHELE
R. GULA,
Defendants.
TO: Michele R. Gula
320 W. Meadow Drive
Mechanicsburg, PA 17055
NOTICE OF ENTRY OF JUDGMENT
Please take notice that on Mew 15 , 2009, a Judgment by Confession of
Judgment, was entered against you in the court and at docket term and number set forth above.
The amount of the Judgment is $43,596.93, plus costs.
P thonota berl d County
Phelan Hallinan & Schmieg, LLP
Lawrence T. Phelan, Esq., Id. No. 32227
Francis S. Hallinan, Esq., Id. No. 62695
Daniel G. Schmieg, Esq., Id. No. 62205
Michele M. Bradford, Esq., Id. No. 69849
Judith T. Romano, Esq., Id. No. 58745
Sheetal R. Shah-Jani, Esq., Id. No. 81760
Jenine R. Davey, Esq., Id. No. 87077
Lauren R. Tabas, Esq., Id. No. 93337
Vivek Srivastava, Esq., Id. No. 202331
Jay B. Jones, Esq., Id. No. 86657
Peter J. Mulcahy, Esq., Id. No. 61791
Andrew L. Spivack, Esq., Id. No. 84439
Jaime McGuinness, Esq., Id. No. 90134
Chrisovalante P. Fliakos, Esq., Id. No. 94620
Joshua I. Goldman, Esq., Id. No. 205047
Courtenay R. Dunn, Esq., Id. No. 206779
Andrew C. Bramblett, Esq., Id. No. 208375
1617 JFK Boulevard, Suite 1400
One Penn Center Plaza
Philadelphia, PA 19103
215-563-7000
THE BANK OF NEW YORK MELLON
F/K/A THE BANK OF NEW YORK AS
SUCCESSOR TO JPMORGAN CHASE
BANK, AS TRUSTEE FOR THE
BENEFIT OF THE
CERTIFICATEHOLDERS OF
EQUITY ONE ABS, INC. MORTGAGE
PASS THROUGH CERTIFICATES
SERIES 2004-2
Plaintiff
vs.
ATTORNEY FOR PLAINTIFF
COURT OF COMMON PLEAS
CIVIL DIVISION
N0.09-3174-CIVIL
CUMBERLAND COUNTY
PHS #: 206065
LENETTA M. YEAGY
Defendant(s)
PRAECIPE TO SUBSTITUTE VERIFICATION
TO CIVIL ACTION COMPLAINT
IN MORTGAGE FORECLOSURE
TO THE PROTHONOTARY:
Kindly substitute the attached verification for the verification originally filed with the
complaint in the instant matter.
Phelan Hallinan & Schmieg, LLP
Attorney for Plaintiff
By: ~ -
Lawr ce T. Phelan, squire
Francis S. Hallinan, squire
Daniel G. Schmieg, Esquire
Michele M. Bradford, Esquire
Judith T. Romano, Esquire
Sheetal R. Shah-Jani, Esquire
Jenine R. Davey, Esquire
Lauren R. Tabas, Esquire
Vivek Srivastava, Esquire
Jay B. Jones, Esquire
Peter J. Mulcahy, Esquire
Andrew L. Spivack, Esquire
Jaime McGuinness, Esquire
Chrisovalante P. Fliakos, Esquire
Joshua I. Goldman, Esquire
Courtenay R. Dunn, Esquire
Andrew C. Bramblett, Esquire
Date: 06-29-09
PHS #: 206065
VERIFICATION
(' t~-eDl~.>~ ~ ~'~~iiereby states that he/she is
~C ~~~~'~~ of LITTON LOAN SERVICING, servicing agent for Plaintiff,
THE BANK OF NEW YORK MELLON F/K/A THE BANK OF NEW YORK AS
SUCCESSOR TO JPMORGAN CHASE BANK, AS TRUSTEE FOR TH1E BENEFIT OF THE
CERTIFICATEHOLDERS OF EQUITY ONE ABS, INC. MORTGAGE PASS THROUGH
CERTIFICATES SERIES 2004-2, in this matter, that he/she is authorized I:o take this
Verification, and that the statements made in the foregoing Civil Action in Mortgage Foreclosure
are true and correct to the best of his/her knowledge, information and belief: The undersigned
understands that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating
to unsworn falsification to authorities.
DATI~
L• ITTON LOAN~EIB.~~61NG, I~P
Name V
Title: ~~
P~~
Company: LITTON LOAN SERVICING
File #: 206065 Yeagy
Phelan Hallinan & Schmieg, LLP
Lawrence T. Phelan, Esq., Id. No. 32227
Francis S. Hallinan, Esq., Id. No. 62695
Daniel G. Schmieg, Esq., Id. No. 62205
Michele M. Bradford, Esq., Id. No. 69849
Judith T. Romano, Esq., Id. No. 58745
Sheetal R. Shah-Jani, Esq., Id. No. 81760
Jenine R. Davey, Esq., Id. No. 87077
Lauren R. Tabas, Esq., Id. No. 93337
Vivek Srivastava, Esq., Id. No. 202331
Jay B. Jones, Esq., Id. No. 86657
Peter J. Mulcahy, Esq., Id. No. 61791
Andrew L. Spivack, Esq., Id. No. 84439
Jaime McGuinness, Esq., Id. No. 90134
Chrisovalante P. Fliakos, Esq., Id. No. 94620
Joshua I. Goldman, Esq., Id. No. 205047
Courtenay R. Dunn, Esq., Id. No. 206779
Andrew C. Bramblett, Esq., Id. No. 208375
1617 JFK Boulevard, Suite 1400
One Penn Center Plaza
Philadelphia, PA 19103
215-563-7000
THE BANK OF NEW YORK MELLON
F/K/A THE BANK OF NEW YORK AS
SUCCESSOR TO JPMORGAN CHASE
BANK, AS TRUSTEE FOR THE
BENEFIT OF THE
CERTIFICATEHOLDERS OF
EQUITY ONE ABS, INC. MORTGAGE
PASS THROUGH CERTIFICATES
SERIES 2004-2
Plaintiff
vs.
LENETTA M. YEAGY
Defendant(s)
ATTORNEY FOR PLAINTIFF
COURT OF COMMON PLEAS
CIVIL DIVISION
N0.09-3174-CIVIL
CUMBERLAND COUNTY
CERTIFICATE OF SERVICE
I hereby certify that a true and correct copy of Plaintiff s Praecipe to attach Verification
of Complaint was sent via first class mail to the following on the date listed below:
LENETTA M. YEAGY
1001--23 NANROC DRIVE A/K/A, 1001-23 NANROC DRIVE UNIT I-23
MECHANICSBURG, PA 17055-4479
Date: 06-29-09
Phelan Hallinan & Schmieg, LLP
Att ey for Plaintiff
By:
Lawr ce T. Phel Esquire;
Francis S. Hallinan, Esquire
Daniel G. Schmieg, Esquire
Michele M. Bradford, Esquire
Judith T. Romano, Esquire
Sheetal R. Shah-Jani, Esquire
Jenine R. Davey, Esquire
Lauren R. Tabas, Esquire
Vivek Srivastava, Esquire
Jay B. Jones, Esquire
Peter J. Mulcahy, Esquire
Andrew L. Spivack, Esquire
Jaime McGuinness, Esquire
Chrisovalante P. Fliakos, Esquire
Joshua I. Goldman, Esquire
Courtenay R. Dunn, Esquire
Andrew C. Bramblett, Esquire
F1LEJ--~a%}~F'~~~
209 Jt~~ -2 ~~'1 I # ~ 41
li7Y% Li i
~ ,.. ~
F'~L;viYJ+3 ~`r~v`~vIH.
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
PNC BANK, NATIONAL ASSOCIATION,
Plaintiff,
CIVIL DIVISION
No. 09-3100
vs.
WORMLEYSBURG RESTAURANT LLC,
WILLIAM P. GULA AND MICHELLE R.
GULA,
Defendants.
PRAECIPE TO SATISFY
JUDGMENT
Filed on behalf of Plaintiff,
PNC Bank, National Association
Counsel of record for this
Party:
Donna M. Donaher, Esquire
Pa. I.D. No. #53165
TUCKER ARENSBERG, P.C.
Firm #287
1500 One PPG Place
Pittsburgh, Pennsylvania 15222
Telephone: (412) 566-1212
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
PNC BANK, NATIONAL ASSOCIATION,
Plaintiff,
vs.
WORMLEYSBURG RESTAURANT LLC,
WILLIAM P. GULA AND MICHELLE R.
GULA,
Defendanst.
CIVIL DIVISION
No. 09-3100
PRAECIPE TO SATISFY JUDG1101ENT
TO: PROTHONOTARY, CUMBERLAND COUNTY
Kindly satisfy judgment, without prejudice, filed in the above-captioned matter in favor of the
Plaintiff, PNC Bank, National Association, and against the Defendants, Wormleysburg Restaurant
LLC, William P. Gula and Michelle R. Gula.
Sworn to and s^cribed
before me this ~J day
of June, 2009.
P lic
Respectfully submitted,
TUCKER ARENSBERG, P.C:.
By: ~ cti ~~
Donna M. Donaher, Esquire
Pa. I.D. #53165
1500 One PPG Place
Pittsburgh, PA 15222
(412) 594-5533
coMMOnI~~Lfl~~ir~e~i~t~~i~& National Association
Noterlal Seal
Kelly ., Mizelk, Notary Public
City of ~~~.tsourph, AIIe9~Y County
My Commission ExWroe May 23, 2019
Member, Pennsylvania Aseodatbn of Notaries
BAN K_FI N:356012-1 000011-139333
FI~.~[7--°~a~; IUD
CAF ~~ P~4!~'.-~~;. a~~~ra~`(
2Qa9 JAL -2 APi I ~ ~ 4
t ~~- ~~ -~