Loading...
HomeMy WebLinkAbout01-0850IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PNC BANK, NATIONAL ASSOCIATION, Plaintiff, VS. GEDA AND GEDA SALES, INC., LISA J. GEDA and DONALD K. GEDA, Defendants. CIVIL DIVISION No. 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 IN THE COURT Of COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PNC BANK, NATIONAL ASSOCIATION, CIVIL DIVISION Plaintiff, NO. VS. GEDA AND GEDA SALES, iNC., LISA J. GEDA and DONALD K. GEDA, Defendants. COMPLAINT IN CONFESSION OF JUDGMENT AND NOW, comes the Plaintiff, PNC BANK, NATIONAL ASSOCIATION, formerly Pittsburgh National Bank, 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 Amedca and a citizen of Pennsylvania, with its main office located at Fifth Avenue and Wood Street, Pittsburgh, Pennsylvania. 2. Defendant is Geda and Geda Sales, Inc., whose last known address is 17 W. Main Street, Mechanicsburg, Pennsylvania 17055. 3. Defendants, Lisa J. Geda and Donald K. Geda are individuals whose last known address is 2 Cantebury Court, Mechanicsburg, Pennsylvania 17055. 4. On March 30, 1998, 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". 9. 10. Defendants. 11. 5. Pursuant to the terms of the Application, the Defendants agreed that should the line of credit be granted, he would be bound by the terms and conditions of the Business Line of Credit Agreement. 6. On or about March 30, 1998, the Plaintiff did notify the Defendants that a business line of credit in the amount of $25,000.00 would be extended. 7. On or about March 30, 1998, 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", The Application and Agreement shall hereinafter be joint referred to as "Note". There has been no assignment of the Note. Judgment has not been entered on the Note in any jurisdiction against the 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. 15. Under the Note, the following amounts are now due by Defendants to PNCB: -2- Principal Debt Interest through 11/2/2000 Late Charges Attome~/s Commission 24,105,28 406.26 27.26 2,563.88 Total $ 28,202.88 15. 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, Geda and Geda Sales, Inc., Lisa J. Geda and Donald K. Geda, jointly and severally, as authorized in the Warrant of Attorney contained in the Note, in the sum of $28,202.68 together with interest and costs of suit. BF 138431.1 Respectfully submitted, TUCKERARENSBERG, P.C. 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- ~'e may honor drafts drawn by an authorized s;-----r even if the drafts are made payable to the slgnerl~* ':ash, or for deposits to the authorized signer's p~rsonal account, We have nO duty to~,~ ;stigate or question the application of Line funds. ~, may retuse to honor drafts or requests funds il x~rc arc uncertain as to anyone's continuing authorily' to acl a_~ an authorized s~gner, or if Ibc sipnalure on a draft does not appear to be thai o! an anthoriied signer. 4. HOW YOU AGREE TO THE TERMS OF THIS ACCOUNT. Applying for the Line, using your account or permiuing someone else to ust your account conslitules 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 above which ma.'. change from time to lime and which will appear on your monthly billing statement. You may use this credit to obtain loans from time to time until the Expirarion 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 other method.~ which we may permit. You may not use this account to make payments on this or any other PNC Bank account. You may continue to obtain loans until this account Is lermmaled or the Expiration Date. whichever ~s earlier. You authorize us to chm~,e this account for all checks you write on this account, for loans you make and for interest and any other amounls which you agree in this Agreement to pay. If you lose lhe checks which were given to you to obtain loans from this account, or someone has obtained them without your permission, you must tell us immediately. You acknowledge and agree that in no event will we be under any obligation to extend or renew this account beyond the initial Expiration Date. We agree to pay checks which are dated, drawn and issued on this account by you prior to the earlier of the termination of this ~ccount or the Expiration Date. We are not obligated to pay checks that cause your balance to exceed your Maximum Credit Limit. We are not obligated to any cheeks dated, drawn or issued by you or received by us after this account is terminated, if your balance exceeds your Maximum Credit Limit, or if your checks have been reported lost or stolen. You agree that the only checks that you will write to make loans from the account will be those issued by us for that special purpose. 6. OVERDRAFT PROTECTION. It you elected Overdraft Protection for this account, we wil] make a deposit to the checking account with us designated by you ;vhenever a withdrawal is made from that checking account, either by writing a check from the checking account or in some other way, in an amount which is more money than the balance in that checking account. The amount which we will deposit will be the amount by which the withdrawal exceeds the balance in the checking accounL rounded up to the next whole $1.00: however, the amount which wa will deposit will not be less than $50.00. We '.','ill charge the amount of the deposit as a loan from this account. We do not have to make a deposit to the checking account ifa deposit will cause the balance of this account lo exceed the Maximum Credit Limit or would violate this Agreement. Checking account checks which are returned will be subject to our regular overdraft cha~ges. 7. YOU AGREE: a) not to write checks for less than $1.000.00: b) to repay all amounts advanced hereunder Iogether with interest as provided in this Agreement; c) not to make loans Dom this account which will cause the outstanding balance on this account at any t~me to exceed the Maximum Credit Limit which we have now approved or may approve at any time in the future; d) to immediately pay the amount o! any loans in excess oftbe Maximum Credit Limit; e) to give us such financial statements as we may request from time to time: f) to pay us costs of collection, including court costs and re~xonable legal lees and expenses allowed by law, if we refer your account to an attorney lot collection; g) not to give us false information or signatures at any time or let anyone who is not a Borrower use this account; h) to pay a Late Charge, as provided in lhis Agreement, for each month any payment is not made within fifteen (I 5) days of its Payment Due Date: and i) to honor any and all other promises that you make in this Agreement. 8. SECURITY INTEREST. Money on deposit with us and properly, held by us secure loans made under this Agreement; collateral securing other obligations to us may also secure loans under this Agreement. Otherx¥ise. we do not take any security, interest to secure this account. 9. INTEREST. The interest rate on the Line is subject to change fiom ume to time based on changes in an independent index which will be the highest Prime Rate published in the "Money Rates" section of The Wall Sueet Journal for the last day of the preceding calendar month which is reported Ithe "Index"). The lndex ~s not necessarily the lowest rate we charge on our loans. If the Index becomes unavailable during the term of this account, we may des~,nate a substilute index after noticing you. We `.','ill tell you the cunent Index rate upon your request. You understand that we may provide Choice Credit for Business lines and lomas ha_ted on other rates as well, The interest rate change will not occur more often than each month, The Index iora Billing Cycle is determined on the first day of that cycle based on the Index for the last day of the precedinF calendar month which is ~cpor~ed. The cunent Index is set forth above. The interest rate to be applied to the unpaid principal balance ofth~ account is determined by adding a number of percentage points ~the "Margin") to the Index. This Margin is set forth at the top of the first patna of this Agreement. as is the inifial interest rate for the account Ithe Index rate plus the Margin). Inte~esl on the principal balance of loans outstanding on this account is computed on a 365/360 basis: that is, by applying the ratio of the annual interest rate on the first day of the Billing Cycle over a year of 360 days to obtain a daily 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 inlerest on this account each month on the Payment Duc Date. Your payments must be sent to us at the address shown above o~ at such other place as ,x.e may designate m writing. Unless otherwist a.ereed in writing or required by applicable law, payments will be applied first to any accrued unpaid ime~est, second to the "Annual Fee" lifthen due). then to principal, and any remaimng amount to any late cha~pe and any unpaid collection costs. If you fail to pay us the payment due by iht II. AU'[0MATIC PAYMENT. 'ion agree to r(T'-,ain a checking account with us during the ~erm o(' , Agreement. You authorize us to deduct .-,,our monthly payments on the account l/om the checking account autom~tlcally. If thele are insufficienl collecled and available funds in the checking ac(5ount, we will nol be required Io advance funds to coyer the p~yment. We ~ese~e the ~iphl lo le~inale the ~ulomalic payment sen, ice al ~y time. with or xvlthoul cause. 12. PREPAYMENT. h'ou 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. 13. MONTHLY STATEMENTS AND CHECKS. We will send you a monthly statement tot each billing cycle in which activily is posted to this account or if there is debit or credit balance ot more than $1.00 or for any billing cycle in which we impose interest. The statement will sho~ advances made. the amount due for accrued unpaid inlerest, payments made and the balance which you owe, All payments must be received by us in U.S. dollars ar the remmance address disclosed on your monthly billing statement. Any subsid*any or affiliate of ours may act as your agent in receiving payments on this account. Unless you noti~ of us in writing ol cnors in the statement within sixty (60) days from the date it is mailed, the statement shall be considered correct and accepted by you. We need not mail you a stalement if we deem Ibis account uncollectable or if delinquency collection proceedings have been started by us. lfthere ~s more than one Bonower. each agrees that if the statement is sent to and accepted by any of you. it shall be considered correct as to and accepted by all of you. We shall retain all checks drawn on this account. 14. CREDIT REVIEW. By accepting this account, you authorize us to check your credit and employment history and to answer any questions about our experience with you. You also ~uthorize us to obtain from and exchange intormation with our affiliates and correspondenks. Information from credit bureaus was obtained with respect to this account. If you ask. '~.,e will tell you whether or not ~ consumer credit reporl wa., requested from a credit bureau and the name and address of the credit bureau(s) that provided the consumer credit report. At our option, we may obtain updated credit bureau repons and income verifications on you as is reasonably necessary to protect our interests. I$. CUS'[OMER INFORMATION. You understand that we share transaction information with PNC Bank affiliates. We may also share other information you or a third party may provide. If you do not want us to share personal, nontransaction information with PNC Bank affiliates, please write us at PNC Bank, P.O. Box 96066, Pinsburgh, PA 15226. Be sure to include 3, our name, address and account number from your 16. DEFAULT. You will be in default if any of the following happens: a) If you fail to pay any payment when it is due: b) If you fail to pay us the amount of any advances tn excess of the M~imum Credit Limit within ten (10) days af~.er wc mail a notice to you demanding the money. c) lfyou use the proceeds of loans from this account 1or a purpose not permined under this Agreement; d) If you or any guarantor fail to provide us with an updated financial statement upon our request: e) If you die, are put in jail, or if a court with proper jurisdiction to do so finds that you are incapacitated; 0 If you make an assignment for thc benefit of creditors, if you are or become insolvenu if a receiver is appointed for any pan of your property, or if bankruptcy or receivership proceedings are filed by or against you; g) If anyone files a lawsuit or get~ a judgment against you, or atuaches or levies on any property of yours: h) If you do not notif~ us within ten days of any change in your address; i) lfyou have made any untrue statements or havc provided us with false information or signatures at any time: j) If you fail to keep any promise or perform any duty in this Agreement or any other loan or agreement with us; k) If you default under any loan, extension of ctedik security agreement, purchase or sales a,~reement, o~ any other agreement, in favor of any other creditor or person that may materially affect any of your property, or your ability to ~epay this account or perform your obligations under thi,~ Agreement; I) If any creditor tries to take any of youl property on or in which we have a lien or securily tnlercst Ithis includes a garnishment of any of your accounts with us); m) If a material adverse change occurs in your financial condition, or we believe the prospect ol p~yment or performance of the account is impaired; n) If any of the events described in this default section occurs with respect to any guarantor of this account: o) If any guarantor seeks, claims or otherwise attempts to limit, modify, revoke such guaramor's guaranty of this account or any other loan with us: or p) If we, in good faith, deem ourselves insecure. l?. OUR RIGHTS UPON DEFAULT. Ifa default occurs, we will have no further duty Io pay checks or make advances from this account and thi: account will be terminated. This will happen without prior notice to you. If we choose, at our sole option, to pay checks from this account or make advances after default, you agree that we may cha, tge those loans to this account. In addition, if a default occurs, all amounts which you owe us under this Agreement shall be due and payable immediately, at our option. The other provisions of this Agreement will continue to apply to this account. If we get a judgment after default and/or you are a debtor in an action filed by or against you under the Bankruptcy Code, unless prohibited by applicable law the rates applicable to this account will continue to apply to the balances on this account. A default under this Agreement is a default under every othar note, loan agreement or security agreement that you have with us. Upon default, we may declare the entire outstanding principal, unpaid interest and char?es on your account immediately due and payable, without prior notice. If that occurs, you must pay that amount immediately. Upon your default, we may increase the interest M~'gin up to five percentage points (~%) over the variable interest ra~e on this account, if allowed by law. We ma.',, h~e or pay someone else to help us collect this account if you fail to pay in accordance with this Agreement. You agree to pay our collection costs (including. without limitation, the cost of in-house attorneys and staff), whether or not we hire anyone else to help us collect this accoum. This includes, subject to any limits under applicable la~. (including eflorts jo modily or vacate an.'.' auto~r~c stay or in.iunc~ion), appeals and an.'. anticipated !~r" iudgment collection services. In addition to all differ sums provided by lax,,', you will t~ls,.. - any court costs if not prohibited by applicable la*,, . 'ill be charged m advance on the anmvcrsam date of 15. FEES. ~ our account is subjecl to the Annual Fee described above. The Annual Fee x~ ' . your account and is not refundable. 19. TERMINATION BY YOU. You may terminate this Agreement at any time that you are not in default by: (i) mailing or delivering a written notice to us that you are terminating this account; (ii) paying us the outstanding principal balance of the account, the accrued and unpaid interest on the balance, and all other ~mounts due in accordance with the leans of this Agreement: and (iii) immediately returning all checks and other credit access devices, if applicable, which are our property and that were provided to you to access your account. You will continue to be liable for a~y advances made pursuant lO unreturned checks. Any use of checks after the account is lerminared may be considered traudulent. 20. TERMINATION BY US. Upon sixty {60) days prior written notice to you. we may terminate this account, with or without cause, and demand full payment of the outstanding principal balance of the account, the accrued and unpaid intelest on the batance, and all other amounts due in accordance with the lerms of this Agreement. Unless our notice provides otherwise, we will have no furlher obligation to make any new loans to you. q ermination under this paragraph will not affect any checks which comply with this Agreemem and which were wrinen and issued by you before the date on the lermination notice or any other loans made under this Agreement beIore the date on the lermination notice. If we choose, at our sole option, to pay checks or make advances after we have terminated this account, you agree that we may charge those loans to this account. After termination, the checks and other credit access devices, if applicable, which ~re our property and that were provided to you to access your account must be returned Io us immediately. 21. CONVERSION TO TERM LOAN. We retain the right to convert all or any part of the outstanding indebtedness under this account into an amortizing len-n loan, with or without cause, upon providing sixty {60) days prior written notice to you (the "Conversion Notice#). If we exercise this right, we will compute a new monthly payment with respect to the part of the account so convened (the "Term Loan Portion'), and you will be advised of such new monthly payment with respect to the Term Loan Portion in the Conversion Notice. Monthly payments or, the Term Loan Portion following the Conversion Notice shall be based upon an amortization period specified in the Conversion Notice {the "Amortization Period"). Subsequent payments on the '[ erin Loan Porlion shall be determined monthly and shall be in the amounts determined by us to be necessary to fully amortiza the then outstanding principal balance of the account so converted over the then remaining Amortization Period at the effective interest rate on the account as of the date the amount of such payment is calculated by us. Following the Conversion Notice, the Maximum Credit Limit of the account shall be reduced to the initial amount of the '~erm Loan Portion. You may not rebortow repaid amounts of the 'Ierm Loan Portion unless otherwise agreed by us. Upon payment in full of the '1 erin Loan Portion and with our consent, the full amount of the account may be reinstated. All of the provisions of this Agreement shall apply to the 'Ierm Loan Portion except to the extent inconsistent with this paragraph. 22. OUR LIABILITY. We have no responsibility for failure ol any machine, merchant o7 other party to honor checks or any other means which we may permit horn time to time to be used to obtain a loan trom this account. Our liability, if any. lot wrongful dishonor of a check written on this account is limited to your actual darnages. Dishonor for any reason as provided under the terms of this Agreement is not wrongful dishonor. 23. POST-DATED, STALE DATED, STOP PAYMENT AND CERTIFICATION OF CHECKS. Procedures and laws applicable to post-dated, stale dated, and stop payment of checks in connection with tranSaclions on regular checking accounts shall apply to checks under this Agreement. You agree not to issue post-d~ted checks. You may place a stop payment order on a check by providing us with intormalion on the date, number, payee, and exact amount (dollars and cents) of the check at any branch otTme, or by calling or writing us at the following address: PNC Bank, Centralized Cuslomer Assistance, 2730 Libecty Avenue, Pitlsburgh, PA 15222. We will not be liable for paying a check if your request i,~ incomplete, incorrect tn any delail or is not providec[ to us in a time and manner which affords us a reasonable opportunity, to act upon it. We will not ~certi~~ a check on this account. 24. AMENDMENT OF AGREEMENT. We may amend this Agreement from time to time. in any respect, by giving you wrinen notice where required by la'a,. Such amendments will apply to outstanding balances and new Inans except as otherwise indicated in the written notice, lfyou do not agree to be bound by the terms of any amendment, you must notify us of your election to terminate the account pursuant to Section 19 within thirty {30) days of the date we sent you our notice of the amendment. 25. YOUR RESPONSIBILITIES TO US. It more than one person is identified as Bonny. er, each and all of you are equally responsible, individually and together, to us for payment in full of this account. If we extend credit to you by posting any advance to your account pr or to receiving wrinen not/ce ol your death or ncapac~ty such transact on sba be a valid and binding obligation of your estate and upon your heirs and 26. REMEDIES CUMULATIVE. Our remedies under this Agreement shall be cumulative and not allernative. 2?. DELAY IN ENFORCEMENT. 'We can delay in enforcing any of our rights under this Agreement without losing them, An5' waiver by us of any provision of this Agreement will not be a wmver of the same or any other provision on any other occasion. 28. 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. Any attempt by you to assign or delegate will be void and of no effect. We may assign any and all of our rights under this Agreement at any time wilhout your consent. A person{s) to whom we assign this Agreement shall be entitled to all of our rights under Ibis Agreement. None of your rights or obliparions shall be affected by such assil~nmem. 29. REPLACEMENT OF PRIOR AGREEMENTS. This Agreement replaces all earlier agreements and governs all balances on this account. including balances carried ovc~ onto this account lmm any prior account, just as if il h~d been m effect before the first advance lrom this ~ccount. 30. GOVERNING LAW AND CONSTRUCTIC'''~ SERVICE OF PROCESS: JURISDICTION. Thiy~ 'eemem has been delivered In and ~'cccpted 'Dy us and will be deemed to be made { e Slate wbere oul off~c~ indicated above is Iocaled'.. .zpardless of the Stale of your residence. you a?~ee that this At~tecment will be interpreted, and thc righls and liabilil~es of the parlies detem~ined, in accordance with, the [~v,.s of the Slate · .¥here our office indicaled above is located, excluding its conflicl of laws rules. '~'ou in evocably consent to the excluslve.b, irisdiction oi' any stall or tederal courl located for the counb' or judicial dislticl where our off, ce indicaled above is located, and consent thai all service of process may bc sent by nationally recognized overnight courier ser'.'ice directed to you at 5, out address set forxh herein and ser~tce so made will be deemed tn bt compleled on the business day after deposit with such courier; provided that nothinp contained in this Apreemem will pteYent us from bringinF any action, enforcing any award or judpment or exercising any rights aFainsl you individually, al2ainst any security or apainst any of your properl). within any other county, state or other Ioreign or domestic jurlsdiction. ~ou acknowledpe and al~ree that lhe venue provided above is the mosl conYenient forum for both you and us. ~'ou waive any objlection to venue and any ob.~eclion based on a more convenient forum in any action inSllluled under this Agreemem 31. SEVERABILITY. 1t any provision of this Al2rrement is held to be in',alid or unenlorceable, such de~ermmalion shall not affect the validi .ty o~ enlorceability of the remaining provisions of this Agreement. 32. GENERAL PROVISIONS. 1'o the fullest extent allowed by law, .you and any other person who ~'uaramees or is otherwise liable for this account waive any applicable statute of limitations, presentment, demand for payment, prolesl and notice of dishonor. Upon any change of this Agreement, and unless other,,¥ise expressly Staled in writing, no par~. oblil~aled on this account, directly or as a ~euarantor, shall be released from liability. We may renew or extend {repeatedly and for any lena'th of time) this account, or release any part~, or l~uarantor or collaleral; or impair. fail in realize upon or perfect our security interest in any collateral; and take any other aclion deemed necessar~ by us without the consent of, or notice In, anyone. We may modi~ this account wilhout the consent oL or notice to, anyone other than the party with whom the modification is made. Any notice to us which is required by this A.p_reement must be sent to us at the Bddless set forth al the top of this Agreement. VERIFICATION The undersigned, Mark Duty, hereby vedfies the statements of fact contained in the attached Complaint in Confession of Judgment to be true and correct according to his 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 unswom falsification to authorities. Date: ~oanrksuDr~r Loan Offi~ BF122415,1 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PNC BANK, NATIONAL ASSOCIATION, CIVIL DIVISION Plaintiff, NO. VS. GEDA AND GEDA SALES, INC., LISA J. GEDA and DONALD K, GEDA, Defendants. CONFESSION OF JUDGMENT 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 11/2/2000 Late Charges Attorney's Commission $ 24,105.28 406.26 27.26 2,563.88 Total $ 28,202.68 By: Donna M. Donaher, Esquire Attorney for PNC Bank, National Association 0F 138431.1 IN THE COURT Of COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PNC BANK, NATIONAL ASSOCIATION, CIVIL DIVISION Plaintiff, NO. VS. GEDA AND GEDA SALES, INC., LISA J. GEDA and DONALD K. GEDA, Defendants. CERTIFICATE OF RESIDENCE I hereby certify that the precise address of Plaintiff is: Fifth Avenue and Wood Street Pittsburgh, Pennsylvania 15265 and that the last known addresses of Defendants are: Geda and Geda Sales, Inc. 17 W. Main Street Mechanicsburg, Pennsylvania 17055. Lisa J. Geda Donald K. Geda 2 Cantebury Court Mechanicsburg, Pennsylvania 17055 Donna M. Donaher, Esquire Attorney for PNC Bank, National Association BF 138431.1 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 su/bs,~ribed befo,r~me this '-4~''' day of~._ ~:~ hru (~r c/ ,2001. Notary Public BF 138431.1 Notarial Seal Lori L. Picard, Notary Public Pittsburgh, Allegheny County My Commission Expires June 16, 2003 ' A~ al Nal~rle~Member' Pennsylvanm IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PNC BANK, NATIONAL ASSOCIATION, CIVIL DIVISION Plaintiff, NO. VS. GEDA AND GEDA SALES, INC., LISA J. GEDA and DONALD K. GEDA, Defendants. TO: Geda and Geda Sales, Inc. 17 W. Main Street Mechanicsburg, Pennsylvania 17055. NOTICE OF ENTRY OF JUDGMENT Please take notice that on ~L~'~ 1~,,,._ , 2001, 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 $28,202.68, plus costs. BF 138431.1 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PNC BANK, NATIONAL ASSOCIATION, CIVIL DIVISION Plaintiff, NO. VS. GEDA AND GEDA SALES, INC., LISA J. GEDA and DONALD K. GEDA, Defendants. TO: Lisa J. Geda Donald K. Geda 2 Cantebury Court Mechanicsburg, Pennsylvania 17055 NOTICE OF ENTRY OF JUDGMENT Please take notice that on ~--~ / ~., , 2001, 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 $28,202.68, plus costs. BF 138431.1 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PNC BANK, NATIONAL ASSOCIATION, Plaintiff, CIVIL DIVISION NO. O1'- VS. GEDA AND GEDA SALES, INC., LISA J. GEDA AND DONALD K. GEDA, Defendants. AFFIDAVIT OF NON-MILITARY SERVICE 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 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PNC BANK, NATIONAL ASSOCIATION, CIVIL DIVISION Plaintiff, NO. VS. GEDA AND GEDA SALES, INC., LISA J. GEDA AND DONALD K. GEDA, Defendants. AFFIDAVIT OF NON-MILITARY SERVICE COMMONWEALTH OF PENNSYLVANIA ) ) COUNTY OF ALLEGHENY ) SS. I, DONNA M. DONAHER, being duly sworn according to law, hereby depose and say that the Defendants, Lisa J. Geda and Donald K. Geda are not members of the military service of the United States of America to the best of my knowledge, information and belief. Donna M. Donaher, Esquire Oounsel for PNC Bank, National Association Sworn to and s~,l,~scdbed bef,o~ me this ~ day of ~T~br~--~f ~, 2001. . Notary Public BF 144488.1 !Notarial Seal Lod L. Plcsrd, Notary Public I Pittsburgh, Allegheny County My Commission Expires June 16, 2003 Meraber, penflsyNanta As~ocla[~on ot Notaries IN THE UNITED STATES BANKR~TCY COURT FOR THE M~DLE DISTRICT OF PENNSYLVANIA GEDA, DONALD K. and GEDA, LISA I. Debtors, GEDA, DONALD K. and GEDA, LISA J., Plaintiffs V, PNC BANK, lq.,a~, Defendant CASE NO. 1-01-00840 CHAPTER 7 ADVERSARY NO. 1-04-00106 ORDER AT HARRISBURG, in said District, this ~ ~ day of ~t~ ,2004; Upon consideration of the Motion for Entry of Default 3'udgment m the ~ove-c~ptioned proceeding, and it appe~ng tlmt no answer or motion to the Plai~tiffs' Complaint has been filed by the time set forth in the Court's Summons, good reason appearing therefore, no objections appe~og thereto, it is HEREBY ORDERED AND DECREED that judgment be. and hereby is entered in favor of the Plaintiffs and against the Defendant for the relief prayed for in the Plaintiffs' Complaint, to wit, the Defendant's judgment against the Plaintiffs in the CotuI of Common Plea~ of Cumberland County, Pennsylvania, at Case No. 01-850-Civil in the amount of $28,202.68, plus interest and costs of suit, entered on February 12, 2001, be and hereby is stricken and voided as a preferential transfer. FILED Clerk, U.S. Bankruptcy Court