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HomeMy WebLinkAbout10-7171IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA FIRST NATIONAL BANK OF PENNSYLVANIA, Plaintiff, vs. DAVID P. TAYLOR and SHARON E. TAYLOR, Defendant. I HEREBY CERTIFY THAT THE ADDRESS OF THE PLAINTIFF IS: 523 Main Street, 8`~ Floor Johnstown, PA 15901 I HEREBY CERTIFY THAT THE ADDRESS OF THE DEFENDANTS IS: Sharon E. Taylor 23 Shell Ring Road Hilton Head Island, SC 29928 David P. Taylor 2397 State Route 381 Rector, PA 1 7 LAINTIFF CIVIL DIVISION NO.. ~b~7~7~ TYPE OF PLEADING: ..~ ~' c~~ ~..-.:1 :fi ~ ~ ` ~ ... _, ~. ~. _ ;, __ ~ L ~,~ ,~; ~~ -~~, PRAECIPE TO FILE AND INDEX FOREIGN JUDGMENT FILED ON BEHALF OF PLAINTIFF: First National Bank of Pennsylvania COUNSEL OF RECORD FOR THIS PARTY: Daniel J. Birsic, Esquire Pa. I.D. #48450 Joseph A. Fidler, Esquire Pa. I.D. #87325 GRENEN & BIRSIC, P.C. One Gateway Center Ninth Floor Pittsburgh, PA 15222 (412) 281-7650 ~aa.~ Pe A-r*y ~ ~ so ~I ~,~asa~1S i ~,.r. M t In,. 0.n~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA FIRST NATIONAL BANK OF CIVIL DIVISION PENNSYLVANIA, NO.. Plaintiff, vs. DAVID P. TAYLOR and SHARON E. TAYLOR, Defendant. PRAECIPE TO FILE AND INDEX FOREIGN JUDGMENT TO THE PROTHONOTARY: Please transfer the within Judgment entered in the Court of Common Pleas of Somerset County, Pennsylvania at Docket Number 906 Judgment 2010 and index it against Defendants, David P. Taylor and Sharon E. Taylor, in the total sum of $2,505,109.33, with interest on the principal sum ($2,502,500.00) from November 1, 2010, at the Default Rate of interest equal to $452.28 per diem, floating, together with costs and reasonable and actually incurred attorneys fees not to exceed ten (10%) of the unpaid principal and accrued interest. County costs to follow Judgment. GRENEN & BIRSIC, P.C. By: irsic, squire h A. Fidler, Esquire Attorneys for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA FIRST NATIONAL BANK OF PENNSYLVANIA, NO.. CIVIL DIVISION Plaintiff, vs. DAVID P. TAYLOR and SHARON E. TAYLOR, Defendant. AFFIDAVIT OF FOREIGN JUDGMENT PURSUANT TO 42 Pa C S A &4306 I certify under penalty of perjury that, to the best of my knowledge and belief: 1. The Defendant and Judgment Debtors, David P. Taylor and Sharon E. Taylor, are adult individuals with a last known address of 2397 State Route 381, Rector, PA 15677 and 23 Shell Ring Road, Hilton Head Island, SC 29928 respectively. 2. The Plaintiff and Judgment Creditor's office is located at 523 Main Street, 8`h Floor, Johnstown, PA 15901. 3. The foreign judgment being transferred from the Court of Common Pleas of Somerset County, Pennsylvania at docket number 906 Judgment 2010 is valid, enforceable and unsatisfied. GRENEN & B~RSIC, P.C. By: Sworn to and subscribed before me this day of 2010. Notary blic coMr~oNw~-t.TM_ vnr~ Notarial seal Elizabeth M. C,agnon, Notary Public Gty of Pittsburgh, Allegheny county My commigslon Expires Jan. 6, 2012 ro!~~,n~. ~^nns+.~~anta Assodation of Notar?e ~ 1.x#87325 Attorneys for Plaintiff One Gateway Center, 9`'' floor Pittsburgh, PA 15222 (412) 281-7650 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA FIRST NATIONAL BANK OF PENNSYLVANIA, Plaintiff, vs. DAVID P. TAYLOR and SHARON E. TAYLOR, Defendant. NO.. CIVIL DIVISION AFFIDAVIT OFNON-MILITARY SERVICE Before me, the undersigned authority, a Notary Public in and for said County and Commonwealth, personally appeared Joseph A. Fidler, Esquire, attorney for and authorized representative of Plaintiff who, being duly sworn according to law, deposes and says that the Defendants are not in the military service of the United States of America to the best of his knowledge, information and belief. Sworn to and subscribed before me this ___~~~__ day of ~ 2010 _l.~ ' Notary Public COMMONWEALTH F PENNSYLVANIA Notarial Seal Elizabeth M. Gagnon, Notary Publk City of Pittsburgh, Allegheny County My Commission Explrcs Jan. 6, 2012 Member, Pennsylvania Assodation Of Notaries IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA FIRST NATIONAL BANK OF CIVIL DIVISION PENNSYLVANIA, NO.. Plaintiff, vs. DAVID P. TAYLOR and SHARON E. TAYLOR, Defendant. NOTICE OF ORDE _ DECREE OR JUDGMENT TO: David P. Taylor 2397 State Route 381 Rector, PA 15677 ( ) Plaintiff (XX) Defendant ( ) Additional Defendant You are hereby notified that an Order, Decree or Judgment was transferred from Somerset County, Pennsylvania, and indexed against you in Cumberland County, Pennsylvania in the above captioned proceeding on //~!, t O _ ( ) A copy of the Order or Decree is enclosed, or (XX) The judgments is as follows: $2,505,109.33 with interest on the principal sum ($2,502,500.00) from November 1, 2010, at the Default Rate of interest equal to $452.28 per diem, floating, together with costs and reasonable and actually incurred attorneys fees not to exceed ten (10%) of the unpaid principal and accrued interest. County costs to follow Judgment. rothonotary IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA FIRST NATIONAL BANK OF PENNSYLVANA, Plaintiff, vs. DAVID P. TAYLOR and SHARON E. TAYLOR, Defendants. TO: Sharon E. Taylor 23 Shell Ring Road Hilton Head, SC 29928 CIVIL DIVISION NO.: ( ) Plaintiff (XX) Defendant ( ) Additional Defendant You are hereby notified that an Order, Decree or Judgment was transferred from Somerset County, Pennsylvania, and indexed against you in Cumberland County, Pennsylvania in the above captioned proceeding on ( ) A copy of the Order or Decree is enclosed, or (XX) The judgments is as follows: $2,505,109.33 with interest on the principal sum ($2,502,500.00) from November 1, 2010, at the Default Rate of interest equal to $452.28 per diem, floating, together with costs and reasonable and actually incurred attorneys fees not to exceed ten (10%) of the unpaid principal and accrued interest. County costs to follow Judgment. Prothonotary .~ No. 906 Judgment 2010 FIRST NATIONAL BANK OF PENNSYLVANIA Plaintiff, Vs DAVID P. TAYLOR and SHARON E. TAYLOR Defendant. CERTIFICATION OF DOCKET ENTRIES AND JUDGMENT Joseph A. Fidler Esg_ Attorney for Plaintiff THE COURT OF COMMON PLEAS OF SOMERSET COUNTY CIVIL DIVISION FIRST NATIONAL BANK OF PENNSYLVANIA Plaintiff, Vs DAVID P. TAYLOR and SHARON E. TAYLOR Defendant. No. 906 Judgment 2010 CERTIFICATION OF DOCKET ENTRIES AND JUDGMENT I, Angie Svonavec, Prothonotary of the Court of Common pleas of Somerset County, Pennsylvania, do hereby certify that the attached is a true, correct and full copy of the docket entries in the above captioned case. I further certify that the judgment was entered in favor of First National Bank of Pennsylvania, on November 3, 2010 against David P. Taylor and Sharon E. Taylor in the amount of $2,505,109.33. IN TESTIMONY WHEREOF, I hereunto set my hand and affix my Seal of the said court on the November 3, 2010. r- Angie Svon ec, Prothonotary By Deputy PY,S511 Somerset County Pennsyivania Page 1 Civil Case Print 200-40906 FIRST NATIONAL BANK OF PA (vs) DAVID P TAYLOR Reference No..: Filed........: 11/03/2010 Case Type.....: CONFESS OF J d JUDGE/JUDGE Time.........: 11:13 u gment.;... Judge Assigned: .00 Execution Date Jury Trial.... 0/00/0000 Disposed Desc.: ------------ Case Com t - Dispposed Date. 0/00/0000 men s ------------ HigIzer Crt l.: Higher Crt 2.: *************************** ***************************************** ************ . General Index Attorney Info FIRST NATIONAL BANK OF PA PLAINTIFF FIDLER JOSEPH A 523 MAIN STREET 8TH FLOOR JOHNSTOWN PA 15901 TAYLOR DAVID P DEFENDANT 2397 STATE ROUTE 381 RECTOR PA 15677 TAYLOR SHARON E DEFENDANT 23 SHELL RING ROAD HILTON HEAD SC 29928 ******************************************************************************** Judgment Index Amount Date Desc TAYLOR DAVID P 2 505,109.33 11/03/2010 CONFESS/JUDGMENT TAYLOR SHARON E 2,505,109.33 11/03/2010 CONFESS/JUDGMENT * Date Entries ~ * ******************************************************************************** 11/03/2010 COMPLAINT IN CONFESSION OF JUDGMENTTFILED. ENTERED IN THE JUDGMENT INDEX IN THE AMOUNT OF $ 2,505,109.33 AGAINST DAVID P AND SHARON E TAYLOR /S/ ANGIE SVONAVEC, PRO. (BJM)C~ 11:13 AM ------------------------------------------------------------------- 11/03/2010 NOTICE MAILED TO DEFENDANT(S) DAVID P TAYLOR AND SHARON E TAYLOR. (BJM) --------------------------------------------- ---------------------- 11 03/2010 CERTIFICATION OF DOCKET ENTRIES AND JUDGMENT ISSUED AND MAILED TO JOSEPH A FIDLER,ESQ.. (BJM) - - - - - - - - - - - - - - LAST ENTRY - - - - - - - - - - - - - - * Escrow Information * * Fees & Debits Beq Bal Pmts/Ad~ End Bal * ******************************** ******** ****** ******************************* CONFESS OF JUDG 9.00 9.00 00 TAX ON CONFESS .50 .50 . 00 CONFESS JDG AUT 5.00 5.00 . 00 CERT OF DOC OUT 9.00 9.00 . 00 CERT OF DOC OUT 9.00 9.00 . 00 CERT OF DOC OUT 9.00 9.00 . .00 41.50 41.50 .00 ******************************************************************************** * End of Case Information * ******************************************************************************** f ? IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION FIRST NATIONAL BANK OF PENNSYLVANIA, Plaintiff, VS. DAVID P. TAYLOR and SHARON E. TAYLOR, Defendants. : No. 10-7171 cf C- N %ry C-1 C 7 "{tom - C? Petition to Strike Off and/or Open Confessed Judgment and a Stay of Proceedings Filed on behalf of David P. Taylor and Sharon E. Taylor Defendants/Petitioners Counsel of Record for this Party: Harry F. Small, Jr., Esquire PA I.D. No. 80436 Law Offices of Harry F. Smail, Jr., P.C. 126 West Pittsburgh Street, 2nd Floor Greensburg, Pennsylvania 15601 Phone: 724-836-2040 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION c? ?., ca FIRST NATIONAL BANK OF r r ? a PENNSYLVANIA, f`J C.) Plaintiff, No. 10-7171 VS. DAVID P. TAYLOR and r ' SHARON E. TAYLOR, Defendants. PETITION TO STRIKE OFF AND/OR OPEN CONFESSED JUDGMENT AND A STAY OF PROCEEDINGS AND NOW, come the Petitioners, David P. Taylor and Sharon E. Taylor, by and through their counsel, Harry F. Smail, Jr., Esquire, of the Law Offices of Harry F. Smail, Jr., P.C., and file this Petition to Strike Off and/or Open Confessed Judgment and a Stay of Proceedings, and in support thereof, avers the following: 1. On or about November 15, 2010, Plaintiff, First National Bank of Pennsylvania, (hereinafter referred to as "Creditor Bank"), filed a Praecipe to File and Index Foreign Judgment against David P. Taylor and Sharon E. Taylor, (hereinafter referred to as "Defendants"), at the above number and term from a Confession of Judgment that was filed in the Court of Common Pleas of Somerset County Pennsylvania at Case No. 906 Judgment 2010. Defendants were noticed that Judgment was transferred from Somerset County, Pennsylvania to Cumberland County, Pennsylvania. (A true and correct copy of the Praecipe to File and Index Foreign Judgment and Notice are attached hereto, made a part hereof and marked as Defendant's Exhibit "A" 2. On or about November 15, 2010, Creditor Bank filed a Praecipe to File and Index Foreign Judgment against Defendants in the Court of Common Pleas of Westmoreland County, Pennsylvania at Case No. 8259 of 2010 from a Confession of Judgment that was filed in the Court of Common Pleas of Somerset County, Pennsylvania at Case No. 906 Judgment 2010. Defendants were noticed that Judgment was transferred from Somerset County, Pennsylvania to Westmoreland County, Pennsylvania. (A true and correct copy of the Praecipe to File Foreign Judgment and Notice are attached hereto, made a part hereof and marked as Defendant's Exhibit «B„) On or about November 23, 2010, Defendants filed a Petition to Strike Off and/or Open Confessed Judgment and a Stay of Proceedings in the Court of Common Pleas of Somerset County at Case No. 906 Judgment 2010 which is the county in which the judgment was originally entered. (A true and correct copy of the Petition to Strike Off and/or Open Confessed Judgment and a Stay of Proceedings is attached hereto, made a part hereof and marked as Defendant's Exhibit "C"). 4. Creditor Bank filed a Confession of Judgment for Two Million Five Hundred Five Thousand One Hundred Nine Dollars and Thirty-three Cents ($2,505,109.33) against Defendants for allegedly defaulting on the terms of the loan documents and Promissory Note. 5. Pursuant to the Complaint, Creditor Bank entered judgment against the above- named Defendants on the same date pursuant to authority, which Creditor Bank claimed was contained in the Note. 2 COUNT I PETITION TO STRIKE OFF JUDGMENT 6. Relief from a judgment by confession shall be sought by petition. PA.R.C.P. 2959(a)(1). The confession of judgment fails to authorize a specific amount that can be determined from the face of the documents attached to the confession of judgment on the basis that the judgment is not self-sustaining. This enforcement of the confession of judgment is prior to any default and is without an averment of a specific default and is invalid since the warrant of attorney limits the authority to enter judgment. 9. The Creditor Bank alleges that the amount currently due under the Note is Two Million Five Hundred Five Thousand One Hundred Nine Dollars and Thirty-three cents ($2,505,109.33). 10. The judgment must be stricken because no default has occurred. WHEREFORE, the Defendants, David P. Taylor and Sharon E. Taylor, respectfully request that this Honorable Court stay the proceedings in the above-captioned matter. COUNT II PETITION TO OPEN JUDGMENT 11. Petitioners hereby incorporate paragraphs 1 through 10 of their Petition by reference as if the same were more fully set forth at length herein. 12. In the alternative, to the extent that the judgment entered by confession is not stricken, the judgment must be opened. A Petition to Open Confessed Judgment must be granted if the Petition: (a) is timely filed; (b) alleges a meritorious defense; and (c) presents sufficient evidence to require submission of the case to a jury. 13. On or about July 19, 2007, Defendant entered into a Business Loan Agreement with Creditor Bank in connection with a certain extension of a Three Million Dollar ($3,000,000.00) line of credit. 14. In connection with this loan, Defendants executed a Promissory Note, which permits judgment to be confessed against Defendant only upon default. 15. Defendant also executed a Disclosure of Confession of Judgment, which discloses that the confession of judgment provision in the Guaranty Agreement was disclosed to them separately by a representative of lender. 16. Defendant's Wife, Sharon E. Taylor, (hereinafter referred to as "Wife"), was forced to execute the same Guaranty Agreement and Disclosure of Confession of Judgment. 17. The Equal Credit Opportunity Act ("ECOA") prohibits creditors from discriminating on the basis of marital status. 18. In accordance with the anti-discrimination purposes of ECOA, federal regulations issued thereunder prohibit financial institutions from requiring that an applicant's spouse serve as a surety or guarantor of a loan. 19. The Creditor Bank violated the ECOA by requiring that the Loans to David Taylor's Corporation be supported by a surety agreement not only from Defendant, but also from Defendant's Wife who was never an officer, director, employee or shareholder of Defendant's Corporation, simply because of her marital status as Defendant's Wife. 20. The violation of ECOA constitutes a defense to liability and/or counterclaim for Ms. Taylor. 4 21. On or about, July 21, 2010, Creditor Bank, sent notice formal notice to Defendants indicating that it has elected to exercise its rights under the terms of the Loan Agreement and demanding payment in full of all outstanding principal, accrued and unpaid interest and all other sums due and owing under the terms of the Loan Documents. 22. Additionally, Creditor Bank notified Defendants that it was terminating its obligations to extend any additional advances under the terms of the Loan Documents. 23. Although a Notice of Demand was sent to Defendant, by Creditor Bank's counsel, the demand failed to specify the amount of the alleged demand and when the alleged default occurred, if any had even occurred. 24. Creditor Bank simply requested immediate payment in full of all outstanding principal, accrued and unpaid interest and all other sums due and owing under the terms of the Loan Documents. 25. Defendants contest that there are any outstanding amounts due, including but not limited to the outstanding principal, accrued and unpaid interest and all other sums due and owing under the terms of the Loan Documents. 26. Defendant contests that the amount claimed by Creditor Bank is misrepresented, since it terminated any additional advances under the term of the Loan Document. 27. Defendants contest the amounts that Creditor Bank claims are due, including but not limited to the amounts claimed for interest on the grounds that they are unjustified and unreasonable. 28. Defendants contest that it was not given proper Notice of any default in connection with the Loan Documents. 5 29. Defendants contest that there was never any default in connection with the loan and under the terms of the Loan Documents. 30. Pennsylvania Rule of Civil Procedure 2959(b) authorizes a stay of proceedings on a judgment of confession as long as the Petition to Open "states prima facie grounds for relief." 31. Proceedings should be stayed in this case because: (a) the instant Petition to Open states prima facie grounds for relief; (b) the harm to Defendants from denying a stay would be severe and irreparable; and (c) the only "harm" to the Creditor Bank from granting a stay would be a short delay in enforcement pending proper judicial determination of whether such enforcement is justified. WHEREFORE, Defendants, David P. Taylor and Sharon E. Taylor, respectfully request that the judgment of confession entered in the above-captioned matter be stricken or, in the alternative, opened. Respectfully Submitted, 6 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA FIRST NATIONAL BANK OF PENNSYLVANIA, CIVIL DIVISION NO.. I b--??71 Plaintiff, vs. DAVID P. TAYLOR and SHARON E. TAYLOR, Defendant. NOTICE OF ORDER, DECREE OR JUDGMENT TO: David P. Taylor 2397 State Route 381 Rector, PA 15677 ( ) Plaintiff (XX) Defendant ( ) Additional Defendant You are hereby notified that an Order, Decree or Judgment was transferred from Somerset County, Pennsylvania, and indexed against you in Cumberland County, Pennsylvania in the above captioned proceeding on ( ) A copy of the Order or Decree is enclosed, or (XX) The judgments is as follows: $2;505,109.33 with interest on the principal sum ($2,502,500.00) from November 1, 2010, at the Default Rate of interest equal to $452.28 per diem, floating, together with costs and reasonable and actually incurred attorneys fees not to exceed ten (10%) of the unpaid principal and accrued interest. County costs to follow Judgment. Prothonotary DEFENDANT'S D0'11BF1' IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA FIRST NATIONAL BANK OF PENNSYLVANIA, Plaintiff, vs. DAVID P. TAYLOR and SHARON E. TAYLOR, Defendant. I HEREBY CERTIFY THAT THE ADDRESS OF THE PLAINTIFF IS: 523 Main Street, 8'" Floor Johnstown, PA 15901 I HEREBY CERTIFY THAT THE ADDRESS OF THE DEFENDANTS IS: Sharon E. Taylor .23 Shell Ring Road Hilton Head Island, SC 29928 David P. Taylor 2397 State Route 381 Rector, PA !?K7 LAINTIFF CIVIL DIVISION NO.. TYPE OF PLEADING: ti. v, PRAECIPE TO FILE AND INDEX FOREIGN JUDGMENT FILED ON BEHALF OF PLAINTIFF: First National Bank of Pennsylvania COUNSEL OF RECORD FOR THIS PARTY: Daniel J. Birsic, Esquire Pa. I.D. #48450 Joseph A. Fidler, Esquire Pa. I.D. #87325 GRENEN & BIRSIC, P.C. One Gateway Center Ninth Floor Pittsburgh, PA 15222 (412) 281-7650 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA FIRST NATIONAL BANK OF CIVIL DIVISION PENNSYLVANIA, NO.: Plaintiff, vs. DAVID P. TAYLOR and SHARON E. TAYLOR, Defendant. PRAECIPE TO FILE AND INDEX FOREIGN JUDGMENT TO THE PROTHONOTARY: Please transfer the within Judgment entered in the Court of Common Pleas of Somerset County, Pennsylvania at Docket Number 906 Judgment 2010 and index it against Defendants, David P. Taylor and Sharon E. Taylor, in the total sum of $2,505,109.33, with interest on the principal sum ($2,502,500.00) from November 1, 2010, at the Default Rate of interest equal to $452.28 per diem, floating, together with costs and reasonable and actually incurred attorneys fees not to exceed ten (10%) of the unpaid principal and accrued interest. County costs to follow Judgment. GRENEN & BIRSIC, P.C. By: 71. irsic, squire . Fidler, Esquire Attorneys.for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA FIRST NATIONAL BANK OF CIVIL DIVISION PENNSYLVANIA, NO.: Plaintiff, vs. DAVID P. TAYLOR and SHARON E. TAYLOR, Defendant. AFFIDAVIT OF FOREIGN JUDGMENT PURSUANT TO 42 Pa. C.S.A. $4306 I certify under penalty of perjury that, to the best of my knowledge and belief: 1. The Defendant and Judgment Debtors, David P. Taylor and Sharon E. Taylor, are adult individuals with a last known address of 2397 State Route 381, Rector, PA 15677 and 23 Shell Ring Road, Hilton Head Island, SC 29928 respectively. 2. The Plaintiff and Judgment Creditor's office is located at 523 Main Street, 8°i Floor, Johnstown, PA 1.5901. 3. The foreign judgment being transferred from the Court of Common Pleas of Somerset County, Pennsylvania at docket number 906 Judgment 2010 is valid, enforceable and unsatisfied. GRENEN & BJRSIC, P.C. By: X. I.p1#87325 Attorneys for Plaintiff One Gateway Center, 9th floor Pittsburgh, PA 15222 (412) 281-7650 Sworn to and subscribed before me this ' day of 2010. Notary blic COMMONWEALTH OF PENNSYLVANIA Notarial Seal Elizabeth M. Cagnon, Notary Public City of Pittsburgh, Allegheny County hly Commisslon Expires ]an. 6, 2012 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA FIRST NATIONAL BANK OF PENNSYLVANIA, CIVIL DIVISION NO.. Plaintiff, VS. DAVID P. TAYLOR and SHARON E. TAYLOR, Defendant. AFFIDAVIT OF NON-MILITARY SERVICE .Before me, the undersigned authority, a Notary Public in and for said County and Commonwealth, personally appeared Joseph A. Fidler, Esquire, attorney for and authorized representative of Plaintiff who, being duly sworn according to law, deposes and says that the Defendants are not in the military service of the United States of America to the best of his knowledge, information and belief. Sworn to and subscribed before me this ` day of , 2010. Notary Public COMMONWEALTH OF PENNSYLVANIA Notarial Seal Elizabeth M. Cagnon, Notary Public City of Pittsburgh, Allegheny County My Commisslon Expires Jan. 6, 2012 Mcmber, Pennsvivania Association of Notarie! IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA FIRST NATIONAL BANK OF PENNSYLVANIA, CIVIL DIVISION NO.: Plaintiff, vs. DAVID P. TAYLOR and SHARON E, TAYLOR, Defendant. NOTICE OF ORDER, DECREE OR JUDGMENT TO: David P. Taylor 2397 State Route 381 Rector, PA 15677 ( ) Plaintiff (XX) Defendant ( ) Additional Defendant You are hereby notified that an Order, Decree or Judgment was transferred from Somerset County, Pennsylvania, and indexed against you in Cumberland County, Pennsylvania in the above captioned proceeding on ( ) A copy of the Order or Decree is enclosed, or (XX) The judgments is as follows: $2,505,109.33 with interest on the principal sum ($2,502,500.00) from November 1, 2010, at the Default Rate of interest equal to $452.28 per diem, floating, together with costs and reasonable and actually incurred attorneys fees not to exceed ten (10%) of the unpaid principal and accrued interest. County costs to follow Judgment. Prothonotary IN THE;COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA FIRST NATIONAL BANK OF PENNSYLVANA, CIVIL DIVISION NO.: Plaintiff, vs. DAVID P. TAYLOR and SHARON E. TAYLOR, Defendants. TO: Sharon.E. Taylor 23 Shell Ring Road Hilton Head, SC 29928 ( ) Plaintiff (XX) Defendant ( ) Additional Defendant You are hereby notified that an Order, Decree or Judgment was transferred from Somerset County, Pennsylvania, and indexed against you in Cumberland County, Pennsylvania in the above captioned proceeding on ( ) A copy of the Order or Decree is enclosed, or (XX) The judgments is as follows: $2,505,109.33 with interest on the principal sum ($2,502,500.00) from November 1, 2010, at the Default Rate of interest equal to $452.28 per diem, floating, together with costs and reasonable and actually incurred attorneys fees not to exceed ten (10%) of the unpaid principal and accrued interest. County costs to follow Judgment. Prothonotary IN THE COURT OF COMMON PLEAS OF WESTMORELAND7COUNTY, PENNSYLVANIA FIRST NATIONAL BANK OF CIVIL DIVISION PENNSYLVANIA, NO.: S Q q of 0-610 Plaintiff, vs. DAVID P. TAYLOR and SHARON E. TAYLOR, Defendant. NOTICE OF ORDER, DECREE OR JUDGMENT TO: David P. Taylor 2397 State Route 381 Rector, PA 15677 ( ) Plaintiff (XX) Defendant ( ) Additional Defendant You are hereby notified that an Order, Decree or Judgment was transferred from Somerset County, Pennsylvania, and indexed against you in Westmoreland County, Pennsylvania in the above captioned proceeding on I ( - 15 Z. D 1 . ( ) A copy of the Order or Decree is enclosed, or (XX) The judgments is as follows: $2;505,109.33 with interest on the principal sum ($2,502,500.00) from November 1, 2010, at the Default Rate of interest equal to $452.28 per diem, floating, together with costs and reasonable and actually incurred attorneys fees not to exceed ten (10%) of the unpaid principal and accrued interest. County costs to follow Judgment. C'- per.,. Prothonotary DEFENDANT'S EXHIBIT 6 Sunmeme Court -of Pennsvlvania S E C T I 0 1N' A-. CONTRACT (do not include Judgments) ? Buyer Plaintiff ? Debt Collection: Credit Card ? Debt Collection: Other Nature of the Case: Place an "X" to the left of the ONE case category that most accurately, describes your PRIMARYCASE. .If you are making,more..than one type of claim; check the one that you consider most important. Sµ C T... I o` For Prothonotary Use Only; Docket No: OC)?,sq 0f aa?? The information collected on this form is used solely for court administration purposes. This.form does not supplement or replace the filintr and service of pleadings or other papers as required by law or rules of court. Commencement of Action: ? omplaint ? Writ of Summons ? Petition ? Notice of Appeal Transfer from Another Jurisdiction ? Declaration of Taking Lead Piaintiff s Name: h l-t A ? )P 4 L d Defendan 's 1e: Ut . T T1 Na ma scr 8 z 0 Cheek here if y ou are a Self-Represented (Pro Se) Lit 0 alit Name of Plaintiff/Appellant's Attorney: Jql ept. Are money damages requested? : Yes ? No Dollar Amount Requested: within arbitration limits (Check one) outside arbitration limits Is this a Class Action Suit? ? Yes _$e-No TORT (do not inchide Mass Tort) Intentional Malicious Prosecution Motor Vehicle Nuisance Premises Liability Product Liability (does not include mass tort) ? Slander/Libel/ Defamation ? Other: PROFESSIONAL LIABLITY ? Dental ? Legal ? Medical ? Other Professional: ? Employment Dispute: Discrimination ? Employment Dispute: Other s County ? Other: REAL PROPERTY ?? Ejectment Eminent Domain/Condemnation Ground Rent ? Landlord/Tenant Dispute ? Mortgage Foreclosure ? Partition ? Quiet Title ? Other: MASS TORT ? Asbestos ? Tobacco ? Toxic Tort - DES ? Toxic Tort - Implant ? Toxic Waste ? Other: Pa. R. C. P. 205.5 CIVIL APPEALS Administrative Agencies ? Board of Assessment ? Board of Elections Dept. of Transportation ? Zoning Board ? Statutory Appeal: Other Judicial Appeals ? MDJ - Landlord/Tenant ? MDJ - Money Judgment e it t MISCELLANEOUS ? Common Law/Statutory Arbitration ? Declaratory Judgment Mandamus Non-Domestic Relations Restraining Order ? Quo W arranto ? Replevin ? Other: 212010 ?1a fi NOTICE Pennsylvania Rule of Civil Procedure 205.5. (Cover Sheet) provides, in part: Rule205:5. Cover Sheet (a)(1) This rule shall apply to all actions governed by the rules of civil procedure except the following: (i) actions pursuant to the Protection from Abuse Act, Rules 1901 et seq. (ii) actions for support, Rules 1910.1 et seq. (iii) actions for custody, partial custody and visitation of minor children, Rules 191-5.1 et seq. (iv) actions for divorce or annulment of marriage, Rules 1920.1 et seq. (v) actions in domestic relations generally, including paternity actions, Rules 1930.1 et seq, (vi) voluntary mediation in custody actions, Rules 1940.1 et seq. (2) At the commencement of any action, the party initiating the action shall complete the cover sheet set forth in subdivision (e) and file it with the prothonotary. (b) The prothonotary shall not accept a filing commencing an action without a completed cover sheet. (c) The prothonotary shall assist a party appearing pro se in the completion of the form. (d) A judicial district which has implemented an electronic filing system pursuant to Rule 205.4 and has promulgated those procedures pursuant to Rule 239.9 shall be exempt from the provisions of this rule. (e) The Court Administrator of Pennsylvania, in conjunction with the Civil Procedural Rules Committee, shall design and publish the cover sheet. The latest version of the form shall be published on the website of the Administrative Office of Pennsylvania Courts at www.pacourts.us. IN THE COURT OF COMMON PLEAS OF WESTMORELAND COUNTY, PENNSYLVANIA FIRST NATIONAL BANK OF CIVIL DIVISION PENNSYLVANIA, NO : ga'59 C) I Q D 1 C) Plaintiff, vs. TYPE OF PLEADING: DAVID P. TAYLOR and SHARON E. TAYLOR, Defendant. I HEREBY CERTIFY THAT THE ADDRESS OF THE PLAINTIFF IS: 523 Main Street, 8"' Floor Johnstown, PA 15901 I HEREBY CERTIFY THAT THE ADDRESS OF THE DEFENDANTS IS: Sharon E. Taylor 23 Shell Ring Road Hilton Head Island, SC 29928 David P. Taylor 2397 State Route 381 Rector, PA 1567 AINTIFF PRAECIPE TO FILE AND INDEX FOREIGN JUDGMENT FILED ON BEHALF OF PLAINTIFF: First National Bank of Pennsylvania COUNSEL OF RECORD FOR THIS PARTY: Daniel J. Birsic, Esquire Pa. I.D. #48450 Joseph A. Fidler, Esquire Pa. I.D. #87325 GRENEN & BIRSIC, P.C. One Gateway Center Ninth Floor Pittsburgh, PA 15222 (412) 281-7650 FILED IN PROTHONOTARY'S OFFICE NOV 1 5 2010 BY: :6. CLERK IN THE COURT OF COMMON PLEAS OF WESTMORELAND COUNTY, PENNSYLVANIA FIRST NATIONAL BANK OF CIVIL DIVISION PENNSYLVANIA NO.. D C 5 G ©? ? 01 O o 1 Plaintiff, vs. DAVID P. TAYLOR and SHARON E. TAYLOR, Defendant. PRAECIPE TO FILE AND INDEX FOREIGN JUDGMENT TO THE PROTHONOTARY: Please transfer the within Judgment entered in the Court of Common Pleas of Somerset County, Pennsylvania at Docket Number 906 Judgment 2010 and index it against Defendants, David P. Taylor and Sharon E. Taylor, in the total sum of $2,505,109.33, with interest on the principal sum ($2,502,500.00) from November 1, 2010, at the Default Rate of interest equal to $452.2$ per diem, floating, together with costs and reasonable and actually incurred attorneys fees not to exceed ten (10%) of the unpaid principal and accrued interest. County costs to follow Judgment. GRENEN & BIRSIC, P.C. By: sic, squire J eph A. Fidler, Esquire Attorneys for Plaintiff .IN THE COURT OF COMMON PLEAS OF WESTMORELAND COUNTY, PENNSYLVANIA FIRST NATIONAL BANK OF CIVIL DIVISION PENNSYLVANIA, NO.: 2 asG 6f ac l () Plaintiff, vs. DAVID P. TAYLOR and: SHARON E. TAYLOR, Defendant. AFFIDAVIT'OF:FOREIGN.JUDGMENT'.PURSUANT'>T0,42 Pa. C S A. X4306 .I certify under penaltyof per ury: that, to -the:best of my knowledge and belief: 1. The. Defendant: and. Judgment.D.ebtors, David':P. Taylor, and-. Sharon _E. Taylor, are - adult individuals, with -a last :known-address: of:239.7`State:.Route.:38'4, Rector, PA 1.5677 and:23 Shell_Ring:Road, Hilton Head'Island, SC29928-respectively:: 2. The Plaintiff and . Judgment Creditor's office is _located::.at,..523 "Main; Street, 8th Floor, Johnstown, PA 1'590',L:'. 31: The foreign,'udgment- being transferred from.the Court of Common Pl"eas of Somerset; County, Pennsylvaniaat docket number 906 Judgment2010:is valid enforceable:and: unsatisfied, GRENEN & SIC, P.C. By: s r,: squire' P ; I.D. #87325 Attorneys for Plaintiff One Gateway Center, 9th floor Pittsburgh, PA 15222 (412) 281-7650 Sworn to and subscribed before me this ! day of R"k) , 2010. Notary public COMMONWEALTH OF PENNSYLVANIA Notarial Seal Nzaboth M. Gagnon, Notary Public aty of I'Ittbburgh, Allegheny county Nry : wrnjoan ExAlres.]an. 6, 2012 «.. ,.-" .nu?M2uN??niB.A??tltiOn dP Ntl[3rlr-- IN THE COURT OF COMMON PLEAS OF WESTMORELAND COUNTY, PENNSYLVANIA FIRST NATIONAL BANK OF CIVIL DIVISION PENNSYLVANIA, NO.: S'; S 9 b f D Plaintiff, vs. DAVID P. TAYLOR and SHARON E, TAYLOR, Defendant. AFFIDAVIT OF NON-MILITARY SERVICE Before me, the undersigned authority, a Notary Public in and for said County and Commonwealth, personally appeared Joseph A. Fidler, Esquire, attorney for and authorized representative of Plaintiff who, being duly sworn according to law, deposes and says that the Defendants are not in the military service of the United States of America to the best of his knowledge, information and belief. Sworn to and subscribed before me this day of , 2010. 21AA\ `). Notary Public COMMONWEALTH OF PENNSYLVANIA Notarial Seal Elizabeth M. Cagnon, Notary Public City of Pittsburgh, Allegheny County My Commission Expires fan, 6, 2012 Member. Pennsvivania Asscxiation of Notare IN THE COURT OF COMMON PLEAS OF WESTMORELAND COUNTY, PENNSYLVANIA FIRST NATIONAL BANK OF CIVIL DIVISION PENNSYLVANIA, NO.: 02 S 9 D I D Plaintiff, vs. DAVID P. TAYLOR and SHARON E. TAYLOR, Defendant. NOTICE OF ORDER. DECREE OR JUDGMENT TO: David P. Taylor 2397 State Route 381 Rector, PA 15677 ( ) Plaintiff (XX) Defendant ( ) Additional Defendant You are hereby notified that an Order, Decree or Judgment was transferred from Somerset County, Pennsylvania, and indexed against you in Westmoreland County, Pennsylvania in the above captioned proceeding on () ( S - a. a 1 Q. ( ) A copy of the Order or Decree is enclosed, or (XX) The judgments is as follows: $2,505,109.33 with interest on the principal sum ($2,502,500.00) from November 1, 2010, at the Default Rate of interest equal to $452.28 per diem, floating, together with costs and reasonable and actually incurred attorneys fees not to exceed ten (10%) of the unpaid principal and accrued interest. County costs to follow Judgment. Prothonotary IN THE COURT OF COMMON PLEAS OF WESTMORELAND COUNTY, PENNSYLVANIA FIRST NATIONAL BANK OF PENNSYLVANA, Plaintiff, vs. DAVID P. TAYLOR and SHARON E. TAYLOR, Defendants. TO: Sharon E. Taylor 23 Shell Ring Road Hilton Head, SC 29928 CIVIL DIVISION r NO.: Ijo? S 6 T ?D )C) } ( ) Plaintiff (XX') Defendant ( ) Additional Defendant You are hereby notified that an Order, Decree or Judgment was transferred from Somerset County, Pennsylvania, and indexed against you in Westmoreland County, Pennsylvania in the above captioned proceeding on ((- 15 - Q0 I Q ( ) A copy of the Order or Decree is enclosed, or (XX) The judgments is as follows: $2,505,109.33 with interest on the principal sum ($2,502,500.00) from November 1, 2010, at the Default Rate of interest equal to $452.28 per diem, floating, together with costs and reasonable and actually incurred attorneys fees not to exceed ten (10%) of the unpaid principal and accrued interest. County costs to follow Judgment. 9 Prothonotary LNIA IN THE COURT OF COMMON PLEAS OF SOMERSET-COUNTY, PENNSYLN'A .CIN'IL DIVISION FIRST NATIONAL BANK OF PENNSYLVANIA, Vs. Plaintiff, NO. 906 DAVID P. TAYLOR and SHARON E. TAYLOR. Defendants. Counsel of Record for this Party: Uertitied to be true ari correct copy of the or. ibn Document on fide in this office. ozacta'y Petition-to Strike Off and/or Open Confessed Judgment and a Stay of -Proceedings c' Filed on behalf of: David T. Taylor and Sharor?:,p 6r, Defendants/Petitioners HariI E. Smail, Jr., Esquire PA I.D. No. 80436 Lam, Offices of Harry F. Smail. jr., P.C. 126 West Pittsburgh Street,'"d Floor C reensbur?, Pennsylvania 15601 Phone: 724-836-2040 ?v :Zj DEFENDANT'S EXHIBIT C IN TH COURT OF COMMON PLEAS OF SOMERSET COUNTY, PENNSYLVANIA CIN71L Dn7ISION FIRST NATIONAL BANK OF PENNSYLVANIA, Plaintiff N0. 906 JUDGMENT 2010 vs. DAVID P. TAYLOR and SHARON E. TAYLOR. Defendants NOTICE OF PRESENTATION T0: Daniel J. Birsic, Esquire Joseph A. Fidler, Esquire GRENEN & BIR.SIC, P.C. One Gateway Center; Ninth Floor Pittsburgh. PA 152222 Kindly take notice that the within Petition to Strike off and/or Open Confessed Judgment and a Stay of Proceeduffigs will be presented before Motions Cout of the Court of Common Pleas of Somerset County, Pennsylvania, at 9:00 a. m. or, the r' diy of December, 2010, or as soon thereafter as the Court pleases. CI RTMCATE OF SERVICE I hereby certify that a true and correct copy of the within Petition has been served via facsimile and by first-class mail to the above named party at the address set orth 4bove-en the date hereinbelow set forth. /r/`, -,) Date: ?' //6) 1 / r °'?rtti7'Sr FAin'6l, . r?" E. au ems` IN THE COURT OF COMMON PLEAS OF SOMERSET -COfJNTY, PENNSYLVANIA CnIIL DngSION FIRST NATIONAL BANK OF PENNSYLVANIA, Plaintiff, : NO. 906 JUDGMENT2010 vs. DAVID P. TAYLOR and SHARON E. TAYLOR, Defendants PETITION TO -STRIKE OFF AND/OR OPEN C4NIVESSED KJDGMENT AND A STAY OF PROCEEDINGS AND NO)A7, comes the Defendants, David P, Taylor and Sharon E. Taylor, by and through the17- counsel, Harry F. Smail; Jr., Esquire, of the Law Offices of Harry F. Smail, Jr., P.C., and riles this Petition to Strike off and/or Open Confessed Judgment and a Stay of Proceedings, and in support thereof, avers the following: 1. On or about November'), 2010, Plaintiff'. First National Bank of Pennsylvania, (hereinafter referred to as "Creditor.Bank"), filed a Complaint for Confession of Judgments against David P. Taylor and Sharon E Taylor, (hereinafter referred to as "Defendants"), at the above number and term pursuant to a Promisson, Note identified in the Complaint as being Three Million Dollars (53,000,000.00). 2. Pursuant to the Complaint; Creditor Bank entered judgment against the above- named Defendants on the same date pursuant to authority, which Creditor Bank claimed was contained in the Note. COUNT I PETITION TO -STPJIa OF JUDGMENTT Relief from a judgment b), confession shall be sought by petition. PA.R.C.P. 2959(a)(1). 4. The confession of judgment fails to authorize a specific amount that can be determined from the face of the documents attached to the confession of judgment on the basis that the judgment is not self-sustaining. This enforcement of the confession of judgment is prior to any default and is without an averment of a specific default and is invalid since the warrant of attorney limits the authority to enter judgement. 6. The Creditor Bank alleges that the amount currently due under the Note is Two Million Five Hundred Five Thousand One Hundred Nine Dollars and Thirty-three cents (92; 05,109.33). The judgment must be stricken because no default has occurred. WHP.F,PORE, the Defendants, David P. Taylor and Sharon E. Taylor, respectfully requests that this Court strike the judgment by confession of November 3, 2010 in the above- captioned matter. COIWT 11 PETITION TO OPEN JU DGMENT Petitioners hereby incorporate paragraphs 1 f1rouoa 7 of its Petition by reference as if the same were more fully set forth at lei math herein. 9. In the alternative, to the extent that the judgment entered by confession is not stricken, the judgment must be opened. A Petition to Open Confessed Judgment must be ranted if the Petition: (a) is timely filed; (b) alleges a meritorious defense; and (c) presents sufficient evidence to require submission of the case to a jury. 10. On or about July 1.9, .2007,. Defendants entered into a Business Loan Agreerent with Creditor Bail: in connection with a certain extension of a Tlu-ee Million Dollars (53,000,000.00) line of credit. 11. In connection with this loan, Defendants executed a Promissory Note, which permits judgment to be confessed against Defendants only upon default. 12. Defendants also executed a Disclosure of Confession of Judgment, which discloses that the confession of judgment provision in the Guaranty Agreement was disclosed to him separately by a representative of lender. 13. Defendant's V7ife, Sharon E, Taylor, (hereinafter referred to as " Wife"), was forced to execute the same Guaranty Agreement and Disclosure of Confession of Judgment. 14. The Equal Credit Opportunity Act ("ECO A") prohibits creditors from discriminating on the basis of marital status. 1-3. In accordance with the anti-discrimination purposes of ECOA, federal regulations issued thereunder prohibit financial institutions from requiring that an applicant's spouse serve as a surety or guarantor of a loan. 16. The Creditor Bank violated the ECOA by requiring that the Loans to David Taylor's Corporation be supported by a surety agreement not only from Defendant; but also from Defendant ' s Wife who was never an officer, director; employee or shareholder of Defendant's Comoration.. simply because of her marital status as Defendant's 'Wife. 17. The violation ofECOA constitutes a defense to liability and/or counterclairn for h4s. Taylor. 1 8. On or about, Jul), 21, 2010, Creditor Bank, sent notice formal notice to Defendants indicating that it has elected to exercise its rights under the terms of the Loan Agreement and demanding payment in fall of all outstanding principal, accrued and unpaid interest and all other sums due and owing under the terms of the Loan Documents. 19. Additionally, Creditor Bank notified Defendants that it was terminating its obligations to extend any additional advances under the terms of the Loan Documents. 20. Although a Notice of Demand was sent to Defendants, by Creditor Bank's counsel, the demand failed to specif}- the amount of the alleged demand and when the alleged default occurred, if any had even occurred. 1. Creditor Bank simply requested immediate payment in full of all outstanding principal; accrued and unpaid interest.and all other sums due and owing under the terms of the Loan Documents. y2. Defendants contest that there are any outstanding amounts due, including but not limited to the outstanding principal, accrued and unpaid interest and all other sums due and owing under the terms of the Loan Documents. 23. Defendants contest that the amount claimed by Creditor Bank is misrepresented, since it terminated any additional advances under the term of the Loan Document. 24. Defendants contest the amounts that Creditor Bann claims are due including but not limited to the amounts claimed for interest on the grounds that they are unjustified and unreasonable. 25. Defendants contest that it was not given proper Notice of any default in connection with the Loan Documents. 4 26. Defendants contest that there was never any default in coiuiection with .the loan and under the terms of the Loan Documents. Ts on 11 Pennsylvania Pule of Civil Procedure 2959(b) authorizes a stay of proceed' a judarnent of confession as long as the Petition to Open "states prima facie -grounds for relie 2b. Proceedings should be stayed in this case because: (a) the instant Petition to Open states prima facie --rounds for relief; (b) the harm to Defendants from denyin, a sta?• would be severe and irreparable; and (c) the only "harm", to the Creditor Bank from -granting a stay would be a short delay in enforcement pending proper judicial determination of whether such enforcement is justified. WHEREFORE,. Defendants, David P. Taylor and Sharon E. Taylor, respectfully request that the Judgment of confession entered in the above-captioned matter be stricken or, in the alternative; opened. Respectfully Submitted; Law Ofnces of Hang F. Smai1; jr., P .C. ?TIRJFICA`J"IQN I,Rarr y F. Smail, Jr., Esquire, herby certifies that 1 am counsel for Sharon E. Taylor . the Defendant in this action; and that I am authorized to take this Verification. and that the statements made in the foregoing pleading are true and correct to the best of m), hnowled`7e, information and belief. The undersigned understands that the statements therein are made subject to the-penalties of 18 Pa. C.S.A. 4904 relating to unsworn falsifications to authanti Slate: s ??. y F. •ailfJr.. Ala .Zre ?' C,ouns i,foa T?efe t Sharon E. Taylor IN THE-COURT OF COMMON PLEAS OF SOMERSETCOUN'FY, PENNSYLVA NIA CrVIL DWISION FIRST N/.TIONAL BANK OF PENNSYLVANIA, Plaintiff, vs. DAVID P. TAYLOR and SHARON :E. TAYLOR, Defendants NO. 906 JUDGMENT.2010 OP,DER OF COUF\1 AND NOW, to wit, this day of ,.2010, upon consideration of the Petition to Strike Of and/or Open Confessed Judginent and for a State of Proceeding, it is hereby ORDERED that: 1. A Rule is issued upon the Respondent to show cause why the Petitioner is not entitled to the-relief requested; 2. The Respondent shall file an answer to the Petition within days of the date of this Order: 3. The Petition shall be decided under Pa.R.C.P. 206.7 4. Depositions shall be completed within days of this date; ?. Ara ment shall be held on the day of 2010, at a.m./p.m. before the Honorable in Courtroom No. of the Court of Common Pleas of WCstmoreland County ; 6. Notice of the entry of this Order shall be provided to all parties by the Petitioner; 7. Enforcement of the Judgxneni entered against Petitioner at the above case number and term are staved pending further of Court; and 8. The Petitioner shall s--n t this Petition and Rule in the manner provided by Pa.R.C.P. 440. BY THE COURT: .Attest: Prothonotary cc: Daniel J. Birsic, Esquire Joseph A. Fidler, Esquire Harry F, Smail, Jr., Esquire C ? JN THE COURT OF COMMON PLEAS OE SOME' RSET COUNTY, PENNSYLVANIA CIVIL DWISION FIRST NATIONAL BANK OF PENNSYLVANIA, Plaintiff. NO. 906 JUDGMEXT 3010 vS. DAVID P. TAYLOR and SHARON E. TAYLOR; Defendants. -CERTIFICATE OF SERVICE L Harry F. Smail 3r. Esquire hereby certify that on this%day of 4/ Z" 2010 a true and correct copy of the foregoing Petition to Strike off.and/or Open Confessed Judnent and z Stay of Proceedings was served by first-class mail. postage-prepaid, upon the following: Daniel J. Birsic, Esquire Joseph A. Fidler, Esquire GRENEN &BIRSIC, P.C. One Gateway Center, Ninth Floor Pittsburgh, PA 15222 Respectfully Submitted, VERIFICATION I verify that the statements made in this petition to Strike nff and/or Open Confessed Judqment and a Stay of Proceedings are true and correct. I understand that false statements herein made are subject to the penalties at 18 Pa. C.S. Section 4904, relating to unworn falsification to authorities. Dated: 11-30-10 i VERIFICATION I verify that the statements made in this petition to Strike and/or Open Confessed Judgment and a Stay of Proceedinqs are true and correct. I understand that false statements herein made are subject to the penalties at 18 Pa. C.S. Section 4904, relating to unworn falsification to authorities. Sharo E. Taylor Dated: 11-30-10 C f IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION FIRST NATIONAL BANK OF PENNSYLVANIA, Plaintiff, : No. 10-7171 VS. DAVID P. TAYLOR and SHARON E. TAYLOR, Defendants. ORDER OF COURT AND NOW, to wit, this day of , 2010, upon consideration of the Petition to Strike Off and/or Open Confessed Judgment and for a Stay of Proceeding, it is hereby ORDERED that: 1. A Rule is issued upon the Respondent to show cause why the Petitioner is not entitled to the relief requested; 2. The Respondent shall file an answer to the Petition within days of the date of this Order; 3. The Petition shall be decided under Pa.R.C.P. 206.7 4. Depositions shall be completed within days of this date; 5. Argument shall be held on the day of , 2010, at a.m./p.m. before the Honorable in Courtroom No. of the Court of Common Pleas of Westmoreland County; 6. Notice of the entry of this Order shall be provided to all parties by the Petitioner; 7. Enforcement of the Judgment entered against Petitioner at the above case number and term are stayed pending further of Court; and 8. The Petitioner shall serve this Petition and Rule in the manner provided by Pa.R.C.P. 440. BY THE COURT: Attest: Prothonotary cc: Daniel J. Birsic, Esquire Joseph A. Fidler, Esquire Harry F. Smail, Jr., Esquire • I„ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION FIRST NATIONAL BANK OF PENNSYLVANIA, Plaintiff, No. 10-7171 VS. DAVID P. TAYLOR and SHARON E. TAYLOR, Defendants. CERTIFICATE OF SERVICE /l I, Harry F. Smail, Jr., Esquire, hereby certify that on this t3yday of 2010 a true and correct copy of the foregoing Petition to Strike off and/or Open Confessed Judgment and a Stay of Proceedings was served by first-class mail, postage prepaid, upon the following: Daniel J. Birsic, Esquire Joseph A. Fidler, Esquire GRENEN & BIRSIC, P.C. One Gateway Center, Ninth Floor Pittsburgh, PA 15222 Respectfully Submitted, Law Offices of Harry F. Sail, Jr., P. BY: H, ry F. , Jr., Es e FIRST NATIONAL BANK OF PENNSYLVANIA, PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. DAVID P. TAYLOR AND SHARON E. TAYLOR, DEFENDANTS : 10-7171 CIVIL TERM ORDER OF COURT AND NOW, this 104, day of December, 2010, upon review of defendants' petition to strike off and/or open confessed judgment and a stay of proceedings, a Rule is issued on plaintiff to show cause why the requested relief should not be granted. Rule returnable within twenty-one (21) days of service. By the Court, aniel J. Birsic, Esquire Joseph A. Fidler, Esquire One Gateway Center, Ninth Floor Pittsburgh, PA 15222 14arry F. Smail, Jr., Esquire For Defendants Albert H. Masland, J. :saa c r-n x. -n :_. , Q--n IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION FIRST NATIONAL BANK OF PENNSYLVANIA, rn rri -r7 A ) i Plaintiff No. 10-7171 -? N r77 Q C? ? vs. ? -n C P0 DAVID P. TAYLOR and SHARON E. TAYLOR, Defendants. ORDER OF COURT AND NOW, to wit, this A "id., of a CC •? I?GY? , 2010, upon consideration of the Petition to Strike and/or Open at the above-captioned case number and term, it is hereby ORDERED, ADJUDGED and DECREED that this case be continued generally and the Plaintiff therein is stayed from any efforts of execution on the Confession of Judgment pending the outcome of any and all litigation of the original Confession of Judgment filed at Case No. 906 JUDGMENT 2010 within the jurisdiction of Somerset County Pennsylvania, by the explicit consent of the parties herein and their respective counsel, Joseph A. Fidler, Esquire, for the Plaintiff and Harry F. Smail, Jr., Esquire for the Defendants. Upon completion of the litigation in Somerset County, Pennsylvania, either counsel for Plaintiff or Defendant can present their Motion to Show Cause Order of Court for consideration thereof. BY THE COURT: Judge Attest: Prothono Y cc: ?Jo ph A. Fidler, Esquire arry F. Smail, Jr., Esquire JI£S rn.c'-t 64- ! ;Lo 16