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HomeMy WebLinkAbout10-5169 n r Avcr t? Wt ll '• 19, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION PNC BANK, NA Plaintiff VS. HENRY L TAYLOR TRUCKING, LLC; and HENRY L TAYLOR No. lO - 6114 04- v i Mer % COMPLAINT IN CIVIL ACTION Defendants FILED ON BEHALF OF PNC BANK, NA COUNSEL OF RECORD OF THIS PARTY: Michael J. Dougherty PA I.D #76046 WELTMAN, WEINBERG & REIS CO., L.P.A. 325 Chestnut Street, Suite 501 Philadelphia, PA 19106 215-599-1500 WWR# 08126533 O *9a . oo pa ^Try e-1 411Isa3 f2-' a y 6 y!/ IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION PNC BANK, NA Plaintiff(s) vs. No. COMPLAINT IN CIVIL ACTION HENRY L TAYLOR TRUCKING, LLC; and HENRY L TAYLOR Defendant(s) NOTICE TO DEFEND NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint of for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. You should take this paper to your lawyer at once. If you do not have a lawyer or cannot afford one, go to or telephone the office set forth below to find out where you can get legal help. AVISO Le han demandado a usted en la corte. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene veinte (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Hace falta ascentar una comparencia escrita o en persona o con un abogado y entregar a la corte en forma escrita sus defensas o sus objeciones a las demandas en contra de su persona. Sea avisado que si usted no se defiende, la corte tomara medidas y puede continuar la demanda en contra suya sin previo aviso o notificacion. Ademas, la corte puede decider a favor del demandante y requiere que usted cumpla con todas las provisioner de esta demanda. Usted puede perder dinero o sus propiedades u otros derechos importantes para usted. Lleve esta demanda a un abogado immediatamente. Si no tiene abogado o si no tiene el dinero suficiente de pagar tal servicio. Vaya en persona o llame por telefono a la oficina cuya direccion se encuentra escrita abajo para averiguar donde se puede conseguir asistencia legal. Cumberland County Bar Association 34 South Bedford Street Carlisle, PA 17013 Tel.: (717) 249-3166 WELTMAN, WEINBERG & REIS CO., L.P.A. BY: Michael J. Dougherty, Esquire Attorney for Plaintiff(s) Pa. Identification No. 76046 325 Chestnut Street, Suite 501 Philadelphia, PA 19106 Phone: 215.599.1500 Fax: 215.599.1505 File #08126533 PNC BANK, NA Court of Common Pleas Cumberland County VS. HENRY L. TAYLOR TRUCKING, LLC; and HENRY L. TAYLOR NO. CIVIL ACTION - COMPLAINT 1. Plaintiff is a national association licensed and authorized to conduct business in the Commonwealth of Pennsylvania with a place of business located at 4242 Carlisle Pike, Camp Hill, Pennsylvania 17001. 2. Defendant, Henry L. Taylor, is an adult individual who at all times pertinent hereto resided at 8209 Foothill Boulevard, #A-286, Sunland, California 91040 and who was all times pertinent hereto the personal guarantor of the Business Banking Line of Credit referenced herein. Defendant, Henry L. Taylor Trucking, LLC is a business organization licensed and authorized to conduct business in the Commonwealth of Pennsylvania and State of California and having as one of its places of business 8209 Foothill Boulevard, #A-286, Sunland, California 91040. 4. On or around March 29, 2006 Defendants entered into a Business Banking Line of Credit Agreement, "the Agreement", with Plaintiff at the specific instance and request of Defendants. See attached as Exhibit 1, a copy of the Agreement. 5. Pursuant to the Agreement, Defendants were to make monthly payments. 6. Defendants breached the Agreement by failing to make the required monthly payments. 7. Despite demand for payment, Defendants refuse to pay the amount owed and have an outstanding balance in the amount of $73,986.62 as of January 28, 2010 with contractual interest accruing thereon at 8.25% WHEREFORE, Plaintiff demands judgment be entered in its favor and against Defendants, jointly and severally, in the amount of $73,986.62 with contractually interest accruing thereon at the rate of 8.25% from January 28, 2010 and costs. WELTMAN, WEINBERG AND REIS, CO. L.P.A. Michael J. D e squire This law firm is a debt collector attempting to collect this debt for our client and any information obtained will be used for that purpose. (Page 2 of 31) tauaWLL 1 V v S V., 00(-) -to f0 c) OCC) G1 (D -3 °0e-6k? II() ?- P9/5 G PlvCBAN< BUSINESS BANKING LINE OF CREDIT AGREEMENT Borrower: HENRY L TAYLOR TRUCKING LLC 1280 NAWAKA RD BIGLERVILLE PA, 17307 Bank: PNC Bank, National Association 4242 Carlisle Pike Camp Hill, PA 17001 Maximum Credit: $100,000.00 Annual Fee: $175.00 Initial Index: 7.50% Margin: 1.00% Initial Rate: 8.50% Date of Loan: 03/29/06 Borrower's form of organization: ? Sole Proprietorship ? Corporation 0 Limited Liability State of Organization: Pennsylvania Borrower's Tradenames or Tradestyles: Other Locations of Borrower's Business: ? Waived for first year ? General Partnership ? Limited Partnership ? Subchapter S Corporation ? Non-Profit Corporation ? Business Individual (Page 3 of BUSINESS BANKING LINE OF CREDIT AGREEMENT TERMS AND CONDITIONS We are pleased to have you as it customer and to provide you with a copy of these terms and conditions (the "Terms and Conditions") governing the line of credit ("Line") provided to you by us. These Terms and Conditions are an important part of your Business Banking Line of Credit Agreement. A supply of checks to enable you to begin using your account will be mailed to you shortly. Please read these Terms and Conditions carefully. Your use or acceptance of any Lire proceeds will be deemed evidence of your agreement to these Terns and Conditions. DEFINITION4. 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 entity(ics) identified on the first page of this Agreement who have applied to the Bank for the Line, for whom an account has been approval and who are listed 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 Dale 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 Limit" 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. 'Payment Due Date" means the date which will appear each month as the "Payment Due Date" an 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 revolving 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 until 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 outstanding balance on your account and all new borrowings until the rate changes again. 3. AUTHORIZED SIGNERS. In the Agreement, you are to desigrtate the person(s) who are authorized to write chocks 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. Any one of the authorized signers may act alone. If more than one name is identified as Borrower, each individual Borrower named has authority 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 signer, to cash, or for deposits to the authorized signer's personal account. We have no duty to investigate or question the application of Line funds. We may refuse to honor drafts or requests for funds if we are 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 that of an authorized 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 tiny change from time to time and which will appear on your monthly billing statement. You may use this credit to obtain loans 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 S 1,000.00 or by using other methods 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 terminated or the Expiration Date, whichever is earlier. You authorize us to charge this account for all checks you write on this account, for loans you make and for interest and any other amounts which you agree in this Agreement to pay. If you lose the 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. (Page 4 of 31) We agree topay checks which are dated, drawn and issued on this account by you prior to the earlier of the termination otthis account or the Expiration Date. We are not obligated to pay checks that cause your balance to execexd tour Maximum Coedit Limit. We arc not obligated to pay any checks dated, drown or issued by you or received by us afla this account is terminated, of your batatce exceeds your Maximum Credit Limit, or tf 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. 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 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 checkingg account, rounded up to the next whole S1.00; however, the amount which we will deposit will not be less than S50.00. We will charge the amount of the deposit as a loan 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: not to write checks for less than S 1,000.00; to repay all amounts advanced hereunder together with interest as provided in this Agreement; not to make loans from this account which will cause the outstanding balance on this account at any time to exceed the Maximum Credit Limit which we have now approved or may approve at an time in the future; to immediately ?y the amount of any loans in excess of the Maximum Credit Limit; to give us such financial statements as we may request from time to time. to pay us costs of collection, including court costs and reasonable legal fees and expenses allowed bylaw, if we refer your account to an attorney for collection; not to give us false information or signatures at any time or let anyone who is not a Borrower use this accotmt; to pay a Late Charge, as provided in this Agreement, for each month any payment is not made within fifteen (15) days of its Payment Due Date; and to honor any and all 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. 9. INTEREST. The interest rote on the Line is subject to charge from time to time based on changes in an independent index which will be the highest Prime Rate published in the "Money Rates" section ol?The Wall Street Journal for the last day of the preceding calendar month which is reported (the "Index"). The Index is not necessarily the lowest rue we charge on our loans. If the Index becomes unavailable during the term of this account, we may designate a substitute index after notifying you. We will tell you the currant Index rate upon your request. You understand that we may provide lines of credit and loans based on other rates as well. The interest rate change will not occur more often than each month. The Index for a Billing Cycle is determined on the first day of that cycle based on the Index for the last day of the preceding calendar month which is reported. The current Index is set forth on the first page of this Agreement. The interest rate to be applied to the unpaid principal balance of this account is determined by adding a number of percentage points (the "Margin") to the Index. This Margin is set forth on the first page of this Agreement, as is the initial interest rate for the 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 Billing Cycle over it 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 interest on this account each month on 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 accnied unpaid interest, there to principal, and any remaining amount to any unpaid collection costs and any late charges. 11. LATE CHARGES. If you fail to pay us the payment due by the payment due date reflected on your monthly statement, we may charge you a Late Charge of S 100 or s% of the amount past due, whichever is less. 12. AUTOMATIC PAYMENT; DEPOSITORY; INCREASE OF MARGIN. You agree to establish and maintain a business checking account with us during the term of this Agreement which shall be yourpn nary depository account. You authorize us to deduct your monthly payments on the account from the checking account automatically. If there are insufficient collected and available funds in the checking account, we will not be required to advance funds to cover the payment. We reserve the right to terminate the automatic payment service at any time, with or without cause. If you revoke your authorization for us to automatically deduct your monthly payments on the account from the checking accounl any reason whatsoever or fail to maintain a checking account with us which may be charged, we may, at our option, upon thirty (30) days notice to you, increase the interest rate Margin set forth on the lust page of this Agreement by up to 0.25 percentage points (0.25%). If you fail to 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 [he first page of this Agreement by up to 1.00 percentage points (1.01'/.0 1 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 constitute a waiver, release or limitation upon our exercise of any such rights or remedies. (Page 5 of 31) 13. PREPAYMENT. You may pay without penalty all or any portion of the amount owed earlier than it is due. Early psymcnts will not relieve you of your obligation to continue to make payments ofaccrucd unpaid interest. Rather, they will reduce the principal balance due. 14. MONTHLY STATEMENTS AND CHECKS. We will send you a monthly statement for each billing cycle in which activity is posted to this account or if there is a debit or credit balance of more than S 1.00 or for any billing cycle is which we impose interest. The statement will show advances made, the amount due for accrued unpaid interest, payments 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 billing statement. Any subsidiary or affiliate of outs may act as your agent in receiving payments on this account. Unless you notify of us in writing of errors in the statement within sixty (60) days from the date it is trailed, the statement shall be considered correct and accepted by you. We need not mail you a statement if we deem this account uncollectable or if delinquency collection proceedings have been started by us. 1f there is more than one Borrower, each agrees that if the statement is sent to and accepted by any of you, it shall be considered comet as to and accepted by all of you. We shalt retain all checks drawn on this account. 15. 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 authorize us to obtain from and exchange information with our affiliates and correspondents. Information from credit bureaus was obtained with respect to this account. If 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) that 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 party that performs services for us in connection with this account or to whom this account may be transterred. We may also share other information you or a third party may provide. If you do not wand us to share personal, nonlransaction information with PNC Bank affiliates, please write us at PNC Bank, P. O. Box 96066, Pittsburgh, Pennsylvania 15226. Be sure to include your name, address, account number(s) or Social Security/£IN number (s). 17. 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 in excess of the Maximum Credit Limit within ten (10) days after we mail a notice to you demanding the money. c) if you use the proceeds of kerns from this account for a purpose not permitted under this Agreement; d) If you or any guarantor Aid to provide us with an updated financial statement upon our request; e) If you die, arc put in jail, or ire court with properjunsdiction to do so tends that you are incapacitated; f) If you make an assignment for the benefit of creditors, if you are or become insolvent, if a receiver is appointed for any par of your property, or if bankruptcy or receivership proceedings are filed by or against you; g) If anyone riles a lawsuit or gets a judgment against you, or attaches or levies on any property of yours; h) If you do not notify us within ten days of any change in your address; i) If you have made any unvue statements or have 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 credit, security agreement, purchase or sales agreement, or any other agreement, in favor of any other creditor or person that may materially affect any of your property or your ability to repay this account or perform your obligations under this Agreement; I) If any creditor tries to take any ofyour property on or in which we have a lien or security interest (this includes a garnishment ofany of your accounts with us); m) If you flail to establish and maintain your primary deposit account with us; n) If a material adverse change occurs in your financial condition, or we believe the prospect of payment or performance of the account is impaired; o) If any of the events described in this default section occurs with respect to any guarantorof this account; p) If any guarantor seeks, claims or otherwise attempts to limit, modify, revoke such guarantor's guaranty of this account or any other loan with us; or q) If 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 option, to pay checks from this account or make advances after default, you agree that we may charge those bans to this account. If any event described in Sections 17(t), (g) or (h) happens, all amounts which you owe us under this Agreement shall be immediately due end payable without prior notice to you, or right to care, except as required by law. If any other event specified in Section I T occurs, all amounts watch you owe us under this Agreement shall be due and payable immediately, at our option, without prior notice to you, or right to cure, except as required by law. The other provisions of this Aggnrexemmrnt will continue to apply to this account. 1f and/or you are a debtor m an action tiled by or against you under the Bankruptcy Code, unless prohibited by applicable we get a judgment after default law the rates applicable to this account will continue to apply to the balances on this account. A default under this Agreement ns a default under every other note, loan agreement or security agreement that you have with us. Upon default, if we declare the entiro 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 Margin up to eve percentage points (5%) over the variable interest rate on this account, if allowed by law. We may hire 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 account. This includes, subject to any limits under applicable law, our attorneys' fees and legal expenses whether or not there is a lawsuit, including attorneys' ]bees and legal expenses for bankruptcy proceedings (including efforts to modify or vacate any automatic stay or injunction), apppeals and any anticipated post judgment collection services, to addition to all other sums provided by law, you will also pay any court costs if not prohibited by applicable law. (Page 6 of 31) 19. FEES. Your account is subject 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 may terminate this Agreement at any time that you arc 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 amounts due in accordance with the terms 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 any advances made pursuant to unreturned chocks. Any use of checks after the account is terminated may be considered fraudulent. 21. 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 interest on the balance, and all other amounts due in accordance with the terms of this Agreement. Unless our notice provides otherwise:, we will have no further obligation to make any new loans to you. Termination under this paragraph will not affect any checks which comply with this Agreement and which were written and issued by you before the due on the termination notice or any other loans made under this Agreement before the dale onthe termination 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 arc our property and that were provided to you to access your account must be returned to us immediately. 22. CONVERSION TO TERM LOAN. We retain the right to convert ell or any part of the outstanding indebtedness under this account into an amortizing term loan, with or without cause, upon providing sixty (60) days prior written notice to you (the "Conversion Notice"). If we exercise this nghhl?,. we will compute a new monthly payment with respect to the part of the account so converted (the "Term Loan Portion"), and you will be advised of wdt new monthly lieymtmt wrUn respect to the Term Loan Portion in the Conversion Notice. Monthly payments on the Term Loan Portion following the Coaversion Nonce shell be Eased upon en amortization prod spec ifiod in the Conversion Notice (the "Amortization Period") Subsequent payment on the Term Loan Portion strap be dctertnined monthly and shall be in the amount determined by us to be necessary to fully dry oft amortize the then outswndmg principal balanc?e of the account so convoatexl over the then remaining Amortization Period at the effective interest rate on thdaccourut as of the date the amount of torch payment is calculated by uu. All outstandin4 principal and accrued interest will be due on the last he Amortaation Period Following the Gonvexsion Notice, the Maximuin Credit Limit of the account shall be reduced to the initial amount of the Term Loath Portion. You only not telorrow rapaid amounts of then Tama Loan Portion unless otherwise agreed by us. Upon payment in full of the Term Lose Portion and with our exmsenr. the full amount of the account may be reinstated. All'of the provisions of this Agreement shall apply to the Term Loan Portion except to the extent inconsistent with this paragraph. 23. OUR LIABILITY. We have no responsibility for failure of any machine, merchant or other party to honor checks or any other means which we may pam from time to time to be used to obtain a loan from this account. Our liability, if any, for wrongful dishonor ore check written on this account is limited to your actual damages. Dishonor for any reason as provided under the terms of this Agreement is not wrongful dishonor. 24. POST-DATED. STALE DATED, STOP PAYMENT AND CERTIFICATION OF CHECKS. Procedures and laws applicable to post-dated, stale dated, and stop payment of chocks in connection with transactions on regular business checking accounts shall apply to checks under this Agreement. You agree not to issue post-dated checks. You may place a stop payment order on a check by providing us with information on the date, number, payee, and exact amount,(dollais and cent) of the check at any branch office, or by calling or writing us at the following address: PNC Bank, Centralized Customer Assistance, 2730 Liberty Avenue, Pittburgh, PA 15222. We will not be liable for paying a check if your request is incomplete, incorrect in any detail or is not provided to us in a time and manner which affords us a reasonable opportunity to act upon it. We will not "certify" a check on this account. 23. AMENDMENT OF AGREEMENT. We may amend this Agreement from time to time, in any respect, by giving you written notice where required by law. Such amendments will apply to outstanding balances and new loans except as otherwise indicated in the written notice. If you do not agree to be bound by the terms of any woendme nt, you must notify us of your election to terminate the account pursuant to Section 20 of these Teems and Conditions within thirty (30) days of the 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 fir payment in lull of this account. If we extend credit to you 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 obligation of your estate and upon your heirs and personal representatives. 27. REMEDIES CUMULATIVE. Ourremedies under this Agreement shall be cumulative and not alternative. 29. DELAY IN ENFORCEMENT. We can delay 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 of the same or any other 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 r.9my 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 without your consent. A person(s) to whom 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 assignment. 30. REPLACEMENT OF PRIOR AGREEMENTS. This Agrccmcnt replaces all earlieragrecmrnts and governs all balances on this account, including balances carried over onto this account from any prior account. just as if it had been in effect before the first advance from this account. (Page 7 of 31) 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 first page of this Agreement is located. Regardless orthe state of your residence, you agree that this Agreement will be interpreted, and the rights and liabflides of the parties determined, in accordance with, the laws of the State where our office indicated on the first page of this Agreement is located, excluding its conflict of laws rules. You irrevocably content to the exclusive jurisdiction of any state or federal court located for the county or judicial district where our office indicated on the first page of this Agreement is roosted, and consent that all service of process may be cent by nationally recognized overnight courier service directed to yoo e< your addre? 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 nothing contained in this Agreeniant will pitvant us from bringing toy action, enforcing any award or judgment or esercieing as nghts against yon individually, a say saucily of against enY of your property xnthin ally other county, state or other foreign or domestic urisdiction. You acknowledge agree that the venue provided in this paragraph is the most convenient forum for both you and us. You waive any objection to venue and any obJecdon based on a molt convenient forum in any action instituted under this Agreement. 32. SEVERABILITY. If any provision of this Agreement is held to be invalid or unenforceable, such determination shall not affect the validity or enforceability of the remaining provisions of this Agreement. 33. GENERAL PROVISIONS. To the fullest extent allowed by law, you and any other person who guarantees or is otherwise liable for this account waive any applicable statute of limitations, presentment, demand for paymLM protest and notice of dishonor. Upon any change of this Agreement. and unless otherwise expressly stated in writing, no arty obligated on this account, directly or as a guarantor, shall be released from liability. We may renew or extend (repeatedly and for any length of time) this account, or release any party or guarantor or collateral; or impair. fail to realize upon or perfect our security inicrsst in any collateral, and take any other action deemed necessary by us without the consent of, or notice to, anyone. We may modify this account without the consent of, or notice to, anyone other than the party with whom the modification is made. 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INDONTMLYALiID MFARTMOSPIlINORO NUCLUMSTHATMAYDEAS M IDADAiMITDYDANR O ONARUnM NMW FMKT, IaONZMYAM MTMLVMMV WMM TNlifl R2$M AND l1DREMY i LT ivOOIQm-n t iii THE Tens 1 Kurrm , son WLLY Awkw aF is itzem Arm xmwww is mw l MocLumsi o in 10111114 TO OMIN OR f{y1faI TAR XMID MTa, MOON /01100111 AM WAIMARM MMW MELY, 1t11fJM MKY AND Of1iSRlWftLryOOIVSS» NNIMTD AM A RUItIVls AND EVRIfRY AOINIMS AND CONKWM TO OAMM TAgNY V" ACTWM AS MAY sl PeRmrrnD tog" APPLIC ME DTATD AND FIDE M LAM1 WfnXW FRIOR 101306 11ACM DO AND 4MRANIOR C I 1 0 NT A R01RdBR UK OFDANK SF0C1F=UT CALL nm COMMMM OFD pR0lfMW TD ITS ATr&Mo AND n LDDAt 7. Y -'MMARFAINVALLIMIN SIICMDO RR ORQIiX -URMAYNAYNTOATMLDY 71NtY110 aMLTApi di RA1NN[ T07N1s>;NSTRUNM ANY 0O CII a S MMCW sD IN F m ICE1DN INM TNis NIS7R1NIMty C ANYTRAiYAC310M gDNilM{aTflD1MANiAOF AMD ti A PORD!)MIBIIS, Al ?Gp101LORANTON ACIDIOML? THAT TN! FaRE'NDNIQ 1NA1MlR IS g10Ng31N OKek arcapor.ftf-Cma srOdw& r,rappkm" NOTM • r 10mner "11 8 aNpertbl of rs9r I aNos(O) rare sVL r ho u w I; a pabradap, d Serval perMNS mud jWL • oNlaer Ills ofradd ? ba a IdorrR r. sde haprlMor- owner, a 0orporapm - Ihrlldanp ?wwddarr4 flaasMry, ar Tla.fwnrl .n LLC - geabsr. r flomwr N a kW anw fAa slydan 10 411100ft"(sym.rdlD 1) AM pNr<Ord W MIIW M dW m d* aMhnloed b C=ft aM &kW DOtApplwtbr.rd wW cdw aDaelra man bdslf d oadr anlRy (aAr d aAdelr se4 oonbkr s rranId altasgr aatlirdmq tlr mgt b m I j dpraft looker Sraerd4 for M oalN due Orb baooae dua by the anW b 0a Dm4 d osmt ROdfgr sAd b p ai d d. alter bms sd aorWOis?dtl! ad ipom*iOfnN ba bem promo ftm ad nM SmowQ h«d wN owft! b he &* wftdmd b harrw udlr urt s N1me and 1tb prbrt) HENRY(k TAYLOR MEMBER None sM Tak tpkax prop Oft 3128/2006 DIAN aaitr, no sfpmn(ffaramly, ro ft me (M INK 0-9 firm V, HENRY TAYLOR Name (ft Wk Ohre ww oft 3/28/2006 Da" P®B=Z Appkedon-PA-05-13.05 Pap 4 (Page 27 of 31) MAR-22-2006 16 09 PNC BW GSL. DEPT 215 7a9 8773 P.04 i k BOMWERS CERTIFICATE The undersigned borrower ( the "Borrower") acknowledges and understands that: (a) The loan to be made by PNC Bank, N.A.(the" Lendeel to the Borrower will be filed for enrollment by the Lender in PennCap, a program established by the Pennsylvania Economic Development Financing Authority, a public instrumentality and body corporate and politic of the Commonwealth of Pennsylvania ("PEDFA" ): (b) The purpose of PennCap it to assist the Lender in making loans to borrowers that might otherwise not qualify for loans from the Lender; (c) As a condition of having the Borrower's loan filed for enrollment in pennCap , the borrower' is required to pay a nonrefundable premium charge to an administrative account establis ed by the Trustee, designated Reserve Fwd-( ) (the "Reserve Fund'J, Which Reserve Fund has been established by PEDFA to help cover losses that the Lender may sustain on loans enrolled in PenuCap; and (d) The Borrower's payment of its nonrefundable premium charge will be collected by the Lender for transmittal to the Reserve Fund, and that other payments or transfers will be made to the reserve Fund by the Lender and PEDFA The Borrower hereby represents and warrants that it has no, and has not been promised or told by anyone that it has any, legal, beneficial or equitable interest in such nonrefundable premium charges or any other funds credited to the Reserve Fund, and the Borrower hereby waives any right, claim or interest in and to any and all such funds paid or credited to the Reserve Fund from time to time. The Borrower further hereby represents and warrants that: (1) The Borrower is a corporation partnership, join venture, sold proprietorship cooperative or other entity, whether profit or nonprofit, which is authorized to conduct business in the Commonwealth of Pennsylvania, and the proceeds of the Borrower's loan will be used for an endeavor within the Commonwealth of Pennsylvania in furtherance of the public purposes of the Pennsylvania Economic Development Financing Law. (2) The Proceeds of the Borrower's loan will not be used for the financing of Ineligible Activities (a written list of which list of has been delivered by the ' Lender to the Borrower): (Page 28 of 31) MAR-22-2006 16 10 PM BPK GSL DEPT 215 749 8773 P.05 (3) The Borrower is not an executive officer, direct or principal shareholder of the Lander. or member of the immediate family of any executive officer, director or principal shareholder of the Lender, or a related interest of any such executive officer, director principal shareholder or member of the immediate timily. (4) No member of the General Assembly, official or employee of the Commonwealth of Pennsylvania, or member of any such person's family, will have any personal interest in the benefits or proceeds of the Borrower's loan, or shy interest in any entity having an Interest in such benefits or proceeds. (5) The Borrower (i) has not been suspended or debarred by the Commonwealth of Pennsylvania under its Contractor Responsibility Program . (ii) has not been convicted of a crime for which a term of imprisonment of one year or more could have been imposed and. and (iii) is not controlled by a person which has been so suspended, debarred or convicted. i i Datcd: -?c7 3 0 6 HENRY L TAYLOR TRUCKAs Q LLC -700 G`. By: HENRY. TAYLOR Title: MEMBER i i i TOTAL P.05 t iL lJ?nut?Sc'?'? 0. AR PNCBANC March 08, 2007 Mr. Henry Taylor Henry L Taylor Trucking Lid 120 Nawakwa Rd Biglerville, PA 173079755 RE: Loan #00004003048110528919 Dear Mr. Taylor: COPY ?r -01- We extended a $100,000.00 Line to you pursuant to an Agreement dated April 26, 2005 for a Choice Credit for Business Line of Credit (the'Agreemenr). This letter Is a Conversion Notice, which Is given to you pursuant to the Agreement. By this letter, you are notified that, effective sixty (60) days from the date of this Conversion Notice (the "Conversion Date"), the outstanding balance of the line (the Tenn Loan Portion") will be converted into an amortizing term loan which shall be payable to us in nx nthy Installments over an Amortization Period of EighWour (84) months, with such Installments to be payable on your regularly scheduled payment date beginning with the first full payment cycle after conversion. You are hereby notified pursuant to paragraph 25 of the Agreement that the Agreement will be amended, effective as of the Converstion Date, to provide that the Interest rate Margin will be increased by one hundred basis points (1.00%) to 10.25%. Your new interest rate will be equal to Prime Rate plus 2.00% percent (2.00%) No further advances under the line of credit shalt be made after the Conversion Date unless otherwise agreed to by us. Based on the outstanding balance of the line today, the principal amount of each Installment will be in an amount of $1,190.48. (This amount is an estimate; the actual principal amount to be paid in each'monthy Installment will be calculated by dividing the outstanding principal balance of the tine of credit on the Conversion Date by the number of months In the Amortization Period). Interest shall be payable at the satire time as the principal payments and shell be calculated in accordance with the Agreement. All outstanding principal and accrued interest will be due and payable on the last day of the. Amortization Period. To the extent that there are sufficient collected and available funds In your checking account with us, these monthly payments of principal and Interest will be automatically deducted from your checking account, if applicable. Ali provisions of the Agreement shall continue to apply to the Term Loan Portion except to they extent inconsistent with this paragraph. In delivering this Conversion Notice, we in no way waive any right, power or privilege granted to us by the Agreement. We hereby expressly reserve all of our rights with respect to enforcing any and all such rights, powers or privileges at any time in the future. Very Truly Yours, PNC BANK, NATIONAL ASSOCIATION By: - Ron Newfield Client Management Services CC : Henry L Taylor, Guarantor A member of 71c PNC Financial Service" Group Eutwick Center 8800 Tn icum Boulevard PhaWdphia Penny ania 19153 na•w.pncbank.com 215-749-6500 VERIFICATION PAGE The undersigned does hereby verify subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities, that he/she is&567 12Mh6M , Plaintiff herein, and that he/she is duly authorized to make this Verification, and that the facts set forth in the foregoing Complaint are true and correct to the best of his/her knowledge, information and belief. .20 201U ate (Signa e) WELTMAN, WEINBERG & REIS CO., L.P.A. BY: Michael J. Dougherty, Esquire I.D. No. 76046 325 Chestnut Street, Suite 501 Philadelphia, PA 19106 Phone: 215.599.1500 Fax: 215.599.1505 File # 08126533 PNC BANK, NA vs. HENRY L TAYLOR TRUCKING, LLC; and HENRY L TAYLOR CUMBERLAND COUNTY COURT OF COMMON PLEAS NO. !b - .51!09 I?IVi??1r1"w ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter my appearance for Plaintiff, PNC Bank, N.A., in the above-captioned matter. By Michael J. ougherty, Esquire WELTMAN, WEINBERG & REIS CO., L.P.A. BY: Michael J. Dougherty, Esquire I.D. No. 76046 325 Chestnut Street, Suite 501 Philadelphia, PA 19106 Phone: 215.599.1500 Fax: 215.599.1505 File # 08126533 rtnTAW Attorney for Plaintiff(s) E.. 24 PM 3' 5a WWSYLVANA PNC BANK, NA CUMBERLAND COUNTY COURT OF COMMON PLEAS S. HENRY L TAYLOR TRUCKING, LLC; and HENRY L TAYLOR No.: 2010-05169 CERTIFICATE OF SERVICE TO THE PROTHONOTARY: On August 12, 2010 Plaintiff, PNC Bank, N.A., served its Complaint in Civil Action upon the following party/parties in the above-captioned matter via USPS First Class Mail and Certified Mail, postage-prepaid. Attached as Exhibit "A" is a copy of the certified return receipt(s) from the United States Postal Service for 7010 1670 0000 2998 0044; and 7010 1670 0000 2998 0051 dated August 14. 2010. Henry L. Taylor Trucking, L.L.C. 8209 Foothill Boulevard #A-286 Sunland, CA 91040 Henry L. Taylor 8209 Foothill Boulevard #A-286 Sunland, CA 91040 WELTMAN, WEINBERG & RE1S CO., L.P.A. By Michael J. Dougherty, Esquire Attorney for Plaintiff SENDER: • SECTION COMPLETE TH[3 SECTION ON DELIVERY t Complete items 1, 2, and 3. Also complete A St item 4 if Restricted Delivery Is desired. 0 Agent ® Print your name and address on the reverse Afiz-?l - ? Addressee so that we can return the card to you. c ived by (Printed Name) C. a ofP ivery ® Attach this card to the back of the mailpiece, or on the front if space permits. l D. Is delivery address ditterent fro m item 1? 1. Article Addressed to: If YES, enter delivery address below: 0 No HENRY L TAYLOR 8209 FOOTHILL BLVD #A-286 SUNLAND, CA 91040 i 3. Service Type certified Mail 0 Express Mail 0 Registered 0 Return Receipt,for Merchandise 0 Insured Mail 0 C.O.D. 4. Restricted Delivery? (Extra Fee) 0 Yes 2. Article Number (rransterfrom service labeq 7010-1670 0000 2998 0051 PS Form 3811, February 2004 Domestic Return Receipt 102595-02-M-lW' UNITED STATES POSTAL' ffie - as %M411 .r ,, ; Ptje?es` .? ..?; _Y Y?-i ..?. 4. k .?.n? ?'? ?,5+•?i4 . .? .:P.RFrl«IUDA;h7? I l7x 3nV • Sender: Please print your name, address, and ZIP+4 in this box MICHAEL J DOUGHERTY, ESQ WELTMAN, WEINBERG & REIS CO, LPA 325 CHESTNUT ST, STE 501 PHILADELPHIA, PA 19106 WWR#08126533 ?tat???t?ttstt?#f?tasa??ssrs?s?s??at??lli 33i?la7?i 19?11af 3?i??1 ® Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery Is desired. ® Print your name and address on the reverse so that we can return the card to you. ® Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: HENRY L TAYLOR TRUCKING, 8209 FOOTHILL BLVD #A-286 SUNLAND, CA 91040 A. Siaaa 0 Agent /e . €ived b (Printed Name) C e !ve Lit 0. Is delivery address different from item 1? ? Yes If YES, enter delivery address below: 0 No 3. Service Type XgkCertifledl Mail 0 Express Mail 0 Registered 0 Return Receipt for Merchandise 0 Insured Mail 0 C.O.D. 4. Restricted Delivery? (Extra Fee) 0 Yes 2. Article Number (transfer from service fabeq 7 010 1670 0000 2998 0 0 4 4 -- Ps Form 3811, February 2004 Domestic Return Receipt 102595-02-M-lW UNITED STATES POSTi4L-StRf flCfe y` , ?" it as I °- x?s2a?e & Fees Paid L I • Sender: Please print your name, address, and ZIP+4 in this box • MICHAEL J DOUGHERTY, ESQ WELTMAN, WEINBERG & REIS CO, LPA 325 CHESTNUT ST, STE 501 PHILADELPHIA, PA 19106 WWR#08126533 hill 1111,11111111i1S111}1f33lliSi}i?ii li l?l?.l11?13l 11 F!! dill WELTMAN, WEINBERG & REIS CO., L.P.A. BY: Michael J. Dougherty, Esquire Attorney for Plaintiff(s) I.D. No. 76046 325 Chestnut Street, Suite 501 Philadelphia, PA 19106 Phone: 215.599.1500 - --, Fax: 215.599.1505 ~ ~ ~ ~.~ ~~ ~' WWR # 08126533 -`W' .'`: `°~' PNC BANK, NA CUMBERLAND COUNTYr,~~~. ~~~"' ~~~~ e~ u. , ~ [ .~ ;may Plaintiff COURT OF COMMON PLF~i~' ~ -__~ - ~:a :` ~ ~ -;_ :~ V.S. .,,..J _,. . ~,. ~ f d.. ~~ ~ ' ~j { HENRY L TAYLOR TRUCKING, LLC; and NO. ZO10-05169 HENRY L TAYLOR Defendants PRAECIPE FOR DEFAULT JUDGMENT TO THE PROTHONOTARY: Kindly enter judgment against Defendants, Henry L. Taylor Trucking, L.L.C. and Henry L. Taylor, in the default of an Answer to Plaintiffs Complaint, in the amount of $78,535.28 computed as follows: Amount claimed in Complaint/Writ Amount Paid Interest from 01/28/2010 to 10/27/2010 at the legal interest rate of 8.25% per annum Attorney fees 73,986.62 0.00 4,548.66 0.00 TOTAL 78,535.28 a"~ a~~' ~~ ~ ~~ I hereby certify that appropriate Notices of Default, attached as Exhibit "A", have been mailed in accordance with Pa.R.Civ.P. 237.1 on the dates indicated on the Notices. I certify Plaintiff s address as PNC Bank, N.A., 4242 Carlisle Pike, Camp Hill, PA 17001. I certify that Defendant, Henry L. Taylor Trucking, L.L.C., last known address is 8209 Foothill Boulevard, # A-286, Sunland, CA 91040. I certify that Defendant, Henry L. Taylor, last known address is 8209 Foothill Boulevard, # A-286, Sunland, CA 91040. Weltman, Weinberg & Reis Co., LPA By Michael J. Dou erty, Es ire IN THE COMMON PLEAS COURT OF CUMBERLAND COUNTY, PENNSYLVANIA CIVII. DIVISION PNC BANK, NA CUMBERLAND COUNTY Plaintiff COURT OF COMMON PLEAS vs. HENRY L TAYLOR TRUCKING, LLC; and N0.2010-05169 HENRY L TAYLOR Defendants NON-MII,ITARY AFFIDAVIT The undersigned is the duly authorized agent and/or attorney for Plaintiff PNC Bank, N.A. in the within matter and states as follows: Affiant states that the within Affidavit is made pursuant to and in accordance with the Servicemembers' Civil Relief Act (SCRA), 50 U.S.C. App. § 521. Affiant further states that based upon investigation it is the affiant's belief Defendant Henry L. Taylor is not in the military service. Affiant further states that this belief is supported by the attached certificate(s) from the Defense Manpower Data Center (DMDC), marked as Exhibit "B", which states that the DMDC does not possess any information indicating that the below individual(s) is/are in the military service: Henry L. Taylor 8209 Foothill Boulevard, # A-286 Sunland, CA 91040 Affiant further states that the averments contained herein are true and correct to the best of Affiant's knowledge, information and belief and that these averments are made subject to the penalties of 18 Pa C.S.A. §4904 relating to unsworn falsification to authorities. Weltman, Weinberg & Reis Co., LP Michael J. Dougherty, Esquire WELTMAN, WEINBERG & REIS CO., L.P.A. BY: Michael J. Dougherty, Esquire Attorney for Plaintiff(s) I.D. No. 76046 325 Chestnut Street, Suite 501 Philadelphia, PA 19106 Phone: 215.599.1500 Fax: 215.599.1505 WWR # 08126533 PNC BANK, NA CUMBERLAND COUNTY COURT OF COMMON PLEAS vs. HENRY L TAYLOR TRUCKING, LLC; and NO. 2010-05169 HENRY L TAYLOR To: HENRY L TAYLOR TRUCKING, LLC 8209 FOOTHILL BLVD #A-286 SUNLAND, CA 91040 Cc: Date of Notice: 09/17/2010 IMPORTANT NOTICE AVISO IMPORTANTE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO TAKE ACTION REQUIRED OF YOU IN THIS CASE. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP: USTED ESTA EN REBELDIA PORQUE HO FALLADO EN TOMAR LA ACION EXIDIDA DE SU PARTE EN ESTE CASO. A MENOS DE LA FECHA DE USTED ACTUE DENTRO DE DIEZ DIAS DE LA FECHA DE ESTE AVISO, SE PUEDE REGISTRAR UNA SENTENCIA CONTRA USTED SIN EL BENEFICIO DE UNA AUDENCIA Y PUEDE PERDER SU PROPIEDAD O OTROS DERECHOS IMPORTANTES. USTED DEBE LLEVAR ESTA AVISO A UN ABOGADO ENSEGUIDA. SI USTED NO TIENE UN ABOGADO Y NO PUEDE PAGAR POR LOS SERVICIOS DE UN ABOGADO, DEBE COMMUNICARSE CON LA SIGUIENTE OFICINA PARR AVERIGUAR DONDE PUEDE OBTENER AYUDA LEGAL: CUMBERLAND COUNTY BAR ASSOCIATION 34 S BEDFORD ST CARLISLE, PA 17013 TEL: (717) 249-31,66 Michael J' Dougherty, Esquire Attorney for Plaintiff WELTMAN, WEINBERG & REIS CO., L.P.A. BY: Michael J. Dougherty, Esquire I.D. No. 76046 325 Chestnut Street, Suite SOI Philadelphia, PA 19106 Phone: 215.599.1500 Fax: 215.599.1505 ' WWR # 08126533 PNC BANK, NA Attorney for Plaintiff(s) CUMBERLAND COUNTY COURT OF COMMON PLEAS vs. HENRY L TAYLOR TRUCKING, LLC; and HENRY L TAYLOR NO. 2010-05169 To: HENRY L TAYLOR $209 FOOTHILL BLVD #A-286 SUNLAND, CA 91040 Cc: Date of Notice: 09/17/2010 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO TAKE ACTION REQUIRED OF YOU IN THIS CASE. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP: AVISO IMPORTANTE LISTED ESTA EN REBELDIA PORQUE HO FALLADO EN TOMAR LA ACION EXIDIDA DE SU PARTE EN ESTE CASO. A MENOS DE LA FECHA DE LISTED ACTUE DENTRO DE DIEZ DIAS DE LA FECHA DE ESTE AVISO, SE PUEDE REGISTRAR UNA SENTENCIA CONTRA LISTED SIN EL BENEFICIO DE UNA AUDENCIA Y PUEDE PERDER SU PROPIEDAD O OTROS DERECHOS IMPORTANTES. USTED DEBE LLEVAR ESTA AVISO A UN ABOGADO ENSEGUIDA. SI USTED NO TIENE UN ABOGADO Y NO PUEDE PAGAR POR LOS SERVICIOS DE UN ABOGADO, DEBE COMMUNICARSE CON LA SIGUIENTE OFICINA PARR AVERIGUAR DONDE PUEDE OBTENER AYUDA LEGAL: CUMBERLAND COUNTY BAR ASSOCIATION 34 S BEDFORD 5T CARLISLE, PA ] 7013 TEL: (717) 249-3166 Michael J. Dougherty, Esquire Attorney for Plaintiff 'Request for Military Status Department of Defense Manpower Data Center Military Status Report Pursuant to the Service Members Civil Relief Act Page 1 of 2 Oct-27-2010 10:01:26 *~ Last Name First/Middle Begin Date Active Duty Status Active Duty End Date Service Agency TAYLOR HENRY Based on the information you have furnished, the DMDC does not possess any information indicating the individual status. Upon searching the information data banks of the Department of Defense Manpower Data Center, based on the information that you provided, the above is the current status of the individual as to all branches of the Uniformed Services (Army, Navy, Marine Corps, Air Force, NOAA, Public Health, and Coast Guard). r~r~ J,~.~e,_u~.. Mary M. Snavely-Dixon, Director Department of Defense -Manpower Data Center 1600 Wilson Blvd., Suite 400 Arlington, VA 22209-2593 The Defense Manpower Data Center (DMDC) is an organization of the Department of Defense that maintains the Defense Enrollment and Eligibility Reporting System (DEERS) database which is the official source of data on eligibility for military medical care and other eligibility systems. The DoD strongly supports the enforcement of the Service Members Civil Relief Act (50 USC App. §§ 501 et seq, as amended) (SCRA) (formerly known as the Soldiers' and Sailors' Civil Relief Act of 1940). DMDC has issued hundreds of thousands of "does not possess any information indicating that the individual is currently on active duty" responses, and has experienced a small error rate. In the event the individual referenced above, or any family member, friend, or representative asserts in any manner that the individual is on active duty, or is otherwise entitled to the protections of the SCRA, you are strongly encouraged to obtain further verification of the person's status by contacting that person's Service via the "defenselink.mil" URL http://www.defenselink.miUfaq/pis/PC09SLDR.htm1. If you have evidence the person is on active duty and you fail to obtain this additional Service verification, punitive provisions of the SCRA may be invoked against you. See 50 USC App. §521(c). If you obtain additional information about the person (e.g., an SSN, improved accuracy of DOB, a middle name), you can submit your request again at this Web site and we will provide a new certificate for that query. This response reflects active duty status including date the individual was last on active duty, if it was within the preceding 367 days. For historical information, please contact the Service SCRA points-of- contact. https://www.dmdc.osd.miUappj/scralpopreport.do 10/27/2010 , 'Request for Military Status Page 2 of 2 More information on "Active Duty Status" Active duty status as reported in this certificate is defined in accordance with 10 USC § 101(d)(1) for a period of more than 30 consecutive days. In the case of a member of the National Guard, includes service under a call to active service authorized by the President or the Secretary of Defense for a period of more than 30 consecutive days under 32 USC § 502(f) for purposes of responding to a national emergency declared by the President and supported by Federal funds. All Active Guard Reserve (AGR} members must be assigned against an authorized mobilization position in the unit they support. This includes Navy TARS, Marine Corps ARs and Coast Guard RPAs. Active Duty status also applies to a Uniformed Service member who is an active duty commissioned officer of the U.S. Public Health Service or the National Oceanic and Atmospheric Administration (NOAA Commissioned Corps) for a period of more than 30 consecutive days. Coverage Under the SCRA is Broader in Some Cases Coverage under the SCRA is broader in some cases and includes some categories of persons on active duty for purposes of the SCRA who would not be reported as on Active Duty under this certificate. Many times orders are amended to extend the period of active duty, which would extend SCRA protections. Persons seeking to rely on this website certification should check to make sure the orders on which SCRA protections are based have not been amended to extend the inclusive dates of service. Furthermore, some protections of the SCRA may extend to persons who have received orders to report for active duty or to be inducted, but who have not actually begun active duty or actually reported for induction. The Last Date on Active Duty entry is important because a number of protections of SCRA extend beyond the last dates of active duty. Those who would rely on this certificate are urged to seek qualified legal counsel to ensure that all rights guaranteed to Service members under the SCRA are protected. WARNING: This certificate was provided based on a name and SSN provided by the requester. Providing an erroneous name or SSN will cause an erroneous certificate to be provided. Report ID:AAFELCQSIR https://www.dmdc.osd.miUappj/scra/popreport.do 10/27/2010 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 10-5169 Civil CIVIL ACTION - LAW TO THE SHERIFF OF 'RIXeghCM COUNTY: To satisfy the debt, interest and costs due PNC BANK, NA Plaintiff (s) From HENRY L. TAYLOR TRUCKING, LLC AND HENRY L. TAYLOR, 8209 FOOTHILL BLVD #A-286, SUNLAND, CA 91040 (1) You are directed to levy upon the property of the defendant (s)and to sell (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: HUNTINGTON NATIONAL BANK, 650 SMITHFIELD STREET, PITTSBURGH, PA 15212 and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $78,535.28 L.L.$.50 Interest $4,621.75 Atty' s Comm % Atty Paid $133.00 Plaintiff Paid Due Prothy $2.00 Other Costs: Date: 11/7/11 (Seal) REQUESTING PARTY: Name MATTHEW D. URBAN, ESQUIRE JILA avid D. Buell, Prothonotary Deputy Address: WELTMAN, WEINBERG & REIS CO., L.P.A. 1400 KOPPERS BUILDING 436 SEVENTH AVENUE PITTSBURGH, PA 15219 Attorney fbr: PLAINTIFF Telephone: 412-434-7955 Supreme Court ID No. 90963 IN THE CQURF OE COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVII; DIVISION PNC BANK, NA Plainti ;f vs. Civil Action No. 20 1 0-05 1 69 .-' HENRY L T .YLOkt TRUCKING, LLC; and - R01CP1 i << 19IVd ,rr 14ENRY L TAYLOR 4k P, av(P 000vp Defendant I-'-.J'i iINt,''('N N.A'TIONAL BANK, -1p50 S'•???hR?CtckS4 1? a Garnishee Tittsta?h' c pvi, tsa l PRAECIPE TO INDEX WRTT OF LXi CLTION AND ENTER IT IN T1J E..ItT1)-'--:MEN'I' INDEX -? TO THE PitOTHONOTARY: Kindly issue a Writ of Execution in the above matter 1. directed to, the Sheriff of ALLEGHENY County: 2. against HENRY L TAYLOR TRUCKING .AND HF,NW,' I. " 'AYLOR, Defendant 3. against HUNTINGTON NATIONAL BANK, Garriishce 4. and enter this Nvrit in the judgment index (a) against HENRY L TAYLOR TRUCKING AND HENI:Y L TAYLOR, defendant. and (b) against HI.'NTINGTON NATIONAL BANK, as garnishee. as a its pendens against real property of the defendant in tip, name of garnishee as follows: AnY :nd/r;c_all rsonal property belonging to the defend::;?tO i_n ossessio„ of the garnishce(s). >. Judgment Amount Interest cos", SUBTOTAL: Costs (t(: be added by Prot? ,... notary): C) QMT MTA 01? 60 09F 1 Lt. Oo `L (( a, 5(? u Ct :ZU $ 78,535.28 $ 4,621.75 $ 83,157.03 1t,EL,rVJAN, WEINBFIRG & REIS CO., L.P.A Bye- Matthew I). Urbon, i;squire PA I.D. 490963 WEL"IAJAW, V1'; Il,13ERG & REIS CO., L.P.A. 1400 Koppers I3r1116,ng 436 Seventh AV nuc Pittsburgh. PA ? 52 9 (412) 4-34-7955 4??.C b . cc._ C?6? Io1 Q s aas Wr,! '-? ?Iv WELTMAN, WEINBERG & REIS CO., L.P.A. BY: Matthew D. Urban, Esquire Attorney for Plaintiff(s) I.D. No.90963 436 Seventh Avenue, Suite 1400 Pittsburgh, PA 15219 Phone: 412.434.7955 Fax: 412.434.7959 File # 8126533 PNC BANK, NA CUMBERLAND County C') Court of Common Pleas -O3 *a _4 MW C- c„r- LLC; and HENRY L TAYLOR TRUCKING -< , HENRY L TAYLOR rC , NO. 2010-05169 r and HUNTINGTON NATIONAL BANK Garnishee(s) AFFIDAVIT OF SERVICE OF WRIT OF EXECUTION Before me, the undersigned authority, personally appeared Matthew D. Urban, Esquire, who according to law deposes and says that a copy of the Writ of Execution has been served on the following garnishee, Huntington National Bank. 1. On or about, November 25, 2011, the Sheriff of Allegheny County served the Writ of Execution and Interrogatories upon Mike Glyde of Huntington National Bank at 650 Smithfield Street, Pittsburgh, PA 15222. A copy of the Sheriff Return is attached as Exhibit "I ". WELTMAN, WEINBERG & REIS CO., L.P.A. By Matthew D. Urban, Esquire Attorney for Plaintiff ` Sheriff Return SHERIFF RETURN Case No : GD-11-023623 Case Description : PNC Bank N.A. vs Henry L Taylor Trucking LLC Defendant : Huntington National Bank Service Address : 650 Smithfield Street Pittsburgh, PA 15222 Allegheny/2 Writ Description : WRIT OF EXECUTION Issue Date : 11/15/2011 Service Status • Served - Manager / other person authorized to accept ' deliveries of United States Mail Served Upon : mike glyde Served By : Wayne Davin Served on : Friday, November 25, 2011 at 09:39 Service Method : Person In Charge PNC Bank N.A. vs Henry L. Taylor Henry L. Taylor Trucking LLC Page 1 of 1 https://dcr.alle henycounty.us/Sheriff/SheriffRetum.asp?CaseID=GD-11-023623&WritID=... 1/4/2012 WELTMAN, WEINBERG & REIS CO., L.P.A. BY: James C Warmbrodt, Esquire Attorney for Plaintiff(s) I.D. No.42524 436 Seventh Avenue, Suite 1400 Pittsburgh, PA 15219 Phone: 412.434.7955 Fax: 412.434.7959 File # 8126533 PNC BANK,NA Cumberland County Court of Common Pleas c vs. hCN?"-i L V/ ILOR- I?1 LkL&i CoO rncv z? C- ? ?I ?M 1Ac-Npq L Ifl?op- :?o =, NO. 2010-05169 ?-- --? and D p c HUNTINGTON NATIONAL BANK C ) -J Garnishee(s) PRAECIPE TO DISCONTINUE ATTACHMENT EXECUTION TO THE PROTHONOTARY: Kindly marked the above matter discontinued and ended as to Garnishee(s), HUNTINGTON NATIONAL BANK, only. WELTMAN, WEMBERG & REIS CO., L.Y.A. By Jame Warmbrodt, Esquire Atto e for Plaintiff Sworn to and subsc 'bed Before me t ay of December, 2011 NNSYLVANI".._ COMMONoNEA Sea Wen+iy L. Gault, Notary public, Allegheny County _ oP P,ttsbur9h fires ]uhy 1!.; 207 4 My C, jjn?ssion E%P NOTARY PUBLIC t.?:?moer P,?nnsv{uanla Assrciattor. o.:??E.•?=;,' + q.60 P Z A T7`4 8.0 1014U M/10319a58 01210990?