HomeMy WebLinkAbout10-7172..
~1~C f~ ,,,~.
,..
,a ~,1 ~. , @p
_, .
9t1i.. 1~6 t ~~ ~~
I i .y L. ~ ~.... e
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
FIRST NATIONAL BANK OF
PENNSYLVANA,
Plaintiff,
CNIL DIVISION
NO.. jb- ~1 7~
vs.
TAYLOR EQUIPMENT COMPANY, INC.,
a Pennsylvania business corporation,
TYPE OF PLEADING:
Civt l Term
PRAECIPE TO FILE AND INDEX
FOREIGN JUDGMENT
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:
180 Machinery Road
Friedens, PA 15541
IFF
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
~Q.00 PD RfTy
Q,~~SIgl7~f
A~...l.n. AIn..C~
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
FIRST NATIONAL BANK OF CIVIL DIVISION
PENNSYLVANA,
Plaintiff,
NO..
vs.
TAYLOR EQUIPMENT COMPANY,
INC., a Pennsylvania business corporation,
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 907 Judgment 2010 and index it against Defendant,
Taylor Equipment Company, Inc., a Pennsylvania business corporation, 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.
Attorneys for Plaintiff
By:
irsic, Esquire
~ h A. Fidler, Esquire
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
FIRST NATIONAL BANK OF
PENNSYLVANA,
Plaintiff,
vs.
TAYLOR EQUIPMENT COMPANY,
INC., a Pennsylvania business corporation,
Defendant.
CIVIL DIVISION
NO..
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 Debtor, Taylor Equipment Company, Inc. is a
Pennsylvania business corporation with an address of 180 Machinery Road, Friedens, PA 15541.
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 907 Judgment 2010 is valid, enforceable and
unsatisfied.
Sworn to and subscribed before
GRENEN & BIRSIC, P.C.
By:
. ~ er, squire
a .#87325
Attorneys for Plaintiff
One Gateway Center, 9t'' floor
Pittsburgh, PA 15222
(412) 281-7650
me this day of 2010.
Notary blic
COMMONWEALTH OF PENNSYLVANIA
Notarial Seal
Elizabeth M. Gagnon, Notary Public
CIt)r of Pittsburgh, Allegheny County
MY Commission Expires Jan. 6, 2012
Me~!h~r. orr,nsalv~+Ma A~adation 9f Notaries
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
FIRST NATIONAL BANK OF
PENNSYLVANA,
CNIL DIVISION
Plaintiff,
vs.
TAYLOR EQUIPMENT COMPANY,
INC., a Pennsylvania business corporation,
Defendant.
NO..
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
Defendant is 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 Publi
CAMMONWEALTH OF I?ENNSYLVANIA
Notarial Seal
Elizabeth M. Gagnon, Notary Publk
City of Pittsburgh, Allegheny County
MY Commission Expires ]an. 6, 2012
Niemhe±r. Pennsvlvanla Assxiation of Notaries
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
FIRST NATIONAL BANK OF CIVIL DIVISION
PENNSYLVANA,
Plaintiff,
vs.
NO..
TAYLOR EQUIPMENT COMPANY,
INC., a Pennsylvania business corporation,
Defendant.
NOTICE OF ORDER. DECREE OR JUDGMENT
TO: Taylor Equipment Company, Inc.
c/o David P. Taylor, President
180 Machinery Road
Friedens, PA 15541
( ) 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 _~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.
r thonotary
No. 907 Judgment 2010
FIRST NATIONAL BANK OF
PENNSYLVANIA,
Plaintiff,
Vs
TAYLOR EQUIPMENT COMPANY, INC.,
a Pennsylvania business corporation,
Defendant.
CERTIFICATION OF DOCKET
ENTRIES AND JUDGMENT
Joseph A. Fidler EsQ
Attorney for Plaintiff
THE COURT OF COMMON PLEAS OF SOMERSET COUNTY
CIVIL DIVISION
FIRST NATIONAL BANK OF
PENNSYLVANIA,
Plaintiff,
Vs
No. 907 Judgment 2010
TAYLOR EQUIPMENT COMPANY, INC.,
a Pennsylvania business corporation,
Defendant.
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 Taylor Equipment Company, Inc.,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.
_ C~~/lJ
Angie onavec, Prothonotary
By
Depu
•P`?'5511 Somerset County Pennsylvania
Civil Case Print Page 1
201.0-40907 FIRST NATIONAL BANK OF PA (vs) TAYLOR EQUIPMENT COMPANY INC
Reference No..;
Case Tye. CONFESS OF JUDGE/JUDGE Filed. 11/03/2010
Judgmen ..,~~ 00 Time. ~~~~~•~ 11.16
Judge Assigned: Execution•Date 0/00/0000
Disposed Desc.: Jury Trial....
------------ Case Comments Disposed Date. 0/00/0000
------------- Higher Crt 1.:
Higher Crt 2.:
********************************************************************************
General Index
Attorney Info
FIRST NATIONAL BANK OF PA PLAINTIFF
523 MAIN STREET
8TH FLOOR
JOHNSTOWN PA 15901
TAYLOR EQUIPMENT COMPANY INC DEFENDANT
180 MACHINERY ROAD
FRIEDENS PA 15541
Judgment Index Amount Date Desc
TAYLOR EQUIPMENT COMPANY INC 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 TAYLOR
`: EQUIPMENT COMPANY INC. /S/ ANGIE S'~IONAVEC, PRO. (BJM) C~? 11:16 AM
---------------------------------------
----------
11/03/2010 NOTICE MAILED TO DEFENDANT(S) TAYLOR EQUIPMENT COMPANY INC
--------------------------- _ _ (BJM)
--------------------- _ __
11 03/2010 CERTIFICATION OF DOCKET ENTRIES AND JUDGMENT ISSUED AND MAILED TO
JOSEPH-A FIDLER,ESQ.. (B~)
- - - - - - - - - - LAST ENTRY - - - _ _
* Fees & Debits gEscrow Iynf~ormation
*************,t~r***************Be~E*Ba****p~***~Ad~******E*d*Ba*******************
CON
FESS
TAX ON OF JUDG
CONFESS 9.00 9.00
00
CONFESS JDG AUT '50
5
00 50 .
.00
CERT OF
CERT OF DOC OUT
DOC OUT .
9.00 5.00
9.00 .00
00
CERT OF DOC OUT 9.00
9
00 9.00 .
.00
.
-------- 9.00
----- .00
41.50 ----
---
41.50
------00-
* End of Case Information
********************************************************************************
? s
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
CIVIL DIVISION
FIRST NATIONAL BANK OF
PENNSYLVANIA,
Plaintiff,
vs.
: No. 10-7172
« -n
r
n
t
na Ca
j 7
TAYLOR EQUIPMENT COMPANY
INC., a Pennsylvania business corporation,
Defendant.
Petition to Strike Off and/or Open
Confessed Judgment and a Stay of
Proceedings
Filed on behalf of:
Taylor Equipment Company, Inc.,
Defendant/Petitioner
Counsel of Record for this Party:
Harry F. Smail, 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
FIRST NATIONAL BANK OF
PENNSYLVANIA,
Plaintiff,
vs.
TAYLOR EQUIPMENT COMPANY
INC., a Pennsylvania business corporation,
Defendant.
n N ?
No. 10-7172 ? M
-
;z m
: =?: 7 c--j Fri
-,-. r"
U) r- J
.. --..r G7
N3 r
PETITION TO STRIKE OFF AND/OR OPEN CONFESSED JUDGMENT
AND A STAY OF PROCEEDINGS
AND NOW, comes the Defendant, Taylor Equipment Company, Inc., a Pennsylvania
business corporation, by and through its counsel, Harry F. Smail, Jr., Esquire, of the Law Offices
of Harry F. Smail, Jr., P.C., and files this Petition to Strike Off and/or Open Confessed Judgment
and a Stay of Proceedings, and in support thereof, avers the following:
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 Taylor Equipment Company, (hereinafter referred to as "Defendant"), 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. 907 Judgment 2010. Defendant was 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 Defendant in the Court of Common Pleas of Westmoreland County,
Pennsylvania at Case No. 8256 of 2010 from a Confession of Judgment that was filed in the
Court of Common Pleas of Somerset County, Pennsylvania at Case No. 907 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?,)
3. On or about November 3, 2010 Creditor Bank filed a Complaint in Confession of
Judgment in the Court of Common Pleas of Somerset County at Case No. 907 Judgment 2010
which instituted the action herein. (A true and correct copy of the foregoing Complaint in
Confession of Judgment is attached hereto, made a part hereof and marked as Defendant's
Exhibit "C")
4. On or about November 23, 2010, Defendant 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. 907 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 "D").
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 Defendant
for allegedly defaulting on the terms of the loan documents and Promissory Note.
2
6. Pursuant to the Complaint, Creditor Bank entered judgment against the above-
named Defendant on the same date pursuant to authority, which Creditor Bank claimed was
contained in the Note.
COUNT I
PETITION TO STRIKE OFF JUDGMENT
7. Relief from a judgment by confession shall be sought by petition. PA.R.C.P.
2959(a)(1).
8. 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.
9. 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.
10. 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).
11. The judgment must be stricken because no default has occurred.
WHEREFORE, the Defendant, Taylor Equipment Company, respectfully requests that
this Court stay the proceedings in the above-captioned matter.
COUNT II
PETITION TO OPEN JUDGMENT
12. Petitioner hereby incorporates paragraphs 1 through 11 of its Petition by reference
as if the same were more fully set forth at length herein.
13. 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.
14. 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.
15. In connection with this loan, Defendant executed a Promissory Note, which
permits judgment to be confessed against Defendant only upon default.
16. Defendant 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.
17. 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.
18. The Equal Credit Opportunity Act ("ECOA") prohibits creditors from
discriminating on the basis of marital status.
19. 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.
4
20. 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.
21. The violation of ECOA constitutes a defense to liability and/or counterclaim for
Ms. Taylor.
22. On or about, July 21, 2010, Creditor Bank, sent notice formal notice to Defendant
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.
23. Additionally, Creditor Bank notified Defendant that it was terminating its
obligations to extend any additional advances under the terms of the Loan Documents.
24. 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.
25. 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.
26. Defendant contests 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.
27. Defendant contests that the amount claimed by Creditor Bank is misrepresented,
since it terminated any additional advances under the term of the Loan Document.
28. Defendant contests 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.
29. Defendant contests that it was not given proper Notice of any default in
connection with the Loan Documents.
30. Defendant contests that there was never any default in connection with the loan
and under the terms of the Loan Documents.
31. 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."
32. 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, Defendant, Taylor Equipment Company, Inc., respectfully request that
the judgment of confession entered in the above-captioned matter be stricken or, in the
alternative, opened.
Respectfully Submitted,
Law Offices of Harry F.,,Smail, Jr., P.C.
BY:
Ail, Jr.
Defendant
6
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
FIRST NATIONAL BANK OF
PENNSYLVANA,
CIVIL DIVISION
NO.: j Q --717 a-
Plaintiff,
vs.
TAYLOR EQUIPMENT COMPANY,
INC., a Pennsylvania business corporation,
Defendant.
NOTICE OF ORDER, DECREE OR JUDGMENT
TO: Taylor Equipment Company, Inc.
c/o David P. Taylor, President
180 Machinery Road
Friedens, PA 15541
( ) 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 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.
P othonotary
DEFENDANT'S
r,
r i cD-0 - 1
r?i?ru1j1.} r
J1'15,ErRL,l`,i
p ?1 IC r( ,r
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
FIRST NATIONAL BANK OF
PENNSYLVANA,
Plaintiff,
VS.
TAYLOR EQUIPMENT COMPANY, INC.,
a Pennsylvania business corporation,
Defendant.
I HEREBY CERTIFY THAT THE ADDRESS OF
THE PLAINTIFF IS:
523 Main Street, 8'h Floor
Johnstown, PA 15901
I HEREBY CERTIFY THAT THE ADDRESS OF
THE DEFENDANTS IS:
180 Machinery Road
Friedens, PA 15541
T AIN IFF
CIVIL DIVISION
NO.:
TYPE OF PLEADING:
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
PENNSYLVANA,
NO.:
Plaintiff,
vs,
TAYLOR EQUIPMENT COMPANY,
INC., a Pennsylvania business corporation,
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 907 Judgment 2010 and index it against Defendant,
Taylor Equipment Company, Inc., a Pennsylvania business corporation, 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:
Wh A. Fidler, Esquire
ttorneys for Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
FIRST NATIONAL BANK OF CIVIL DIVISION
PENNSYLVANA,
NO.:
Plaintiff,
VS.
TAYLOR EQUIPMENT COMPANY,
INC., a Pennsylvania business corporation,
Defendant.
AFFIDAVIT OF FOREIGN JUDGMENT PURSUANT TO 42 Pa. C.S.A. 44306
I certify under penalty of perjury that, to the best of my knowledge and belief:
I. The Defendant and Judgment Debtor, Taylor Equipment Company, Inc. is a
Pennsylvania business corporation with an address of 180 Machinery Road, Friedens, PA 15541.
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 907 Judgment 2010 is valid, enforceable and
unsatisfied.
GRENEN & BIRSIC, P.C.
By:
esquire
?:7?87325r'
Attorneys for Plaintiff
One Gateway Center, 9th floor
Pittsburgh, PA 15222
(412) 281-7650
Sworn to and subscribed before
me this day of 'f 2010.
Notary blic
COMMONWEALTH OF PENNSYLVANIA
Notarial Seal
Elizabeth M. Cagnon, Notary Public
City of Pittsburgh, Allegheny County
MY Commission Expires )an. 6, 2012
Mathis. p?nnsdwlia Association of Notartes
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
FIRST NATIONAL BANK OF CIVIL DIVISION
PENNSYLVANA,
Plaintiff,
vs.
NO.:
TAYLOR EQUIPMENT COMPANY,
INC., a Pennsylvania business corporation,
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
Defendant is 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 _ ,L dayof_?DkAOA, , 2010.
0'a?,& tk4wn?' -
Notary Pubfi
COMMONWEALTH OF PENNSYLVANIA
Notarial Seal
Elizabeth M. Cagnon, Notary Public
City of Pittsburgh, Allegheny county
my commission Expires ]an. 6, 2012
Memher. Pennsvlvaniz Association of Notaries
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
FIRST NATIONAL BANK OF
PENNSYLVANA,
Plaintiff,
CIVIL DIVISION
NO..
vs.
TAYLOR EQUIPMENT COMPANY,
INC., a Pennsylvania business corporation,
Defendant.
NOTICE OF ORDER, DECREE OR JUDGMENT
TO: Taylor Equipment Company, Inc.
c/o David P. Taylor, President
180 Machinery Road
Friedens, PA 15541
( ) 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
WESTMORELAND COUNTY, PENNSYLVANIA
FIRST NATIONAL BANK OF
PENNSYLVANA,
Plaintiff,
CIVIL DIVISION
NO.. gash 0T an In
vs.
TAYLOR EQUIPMENT COMPANY,
INC., a Pennsylvania, business corporation,
Defendant.
NOTICE OF ORDER, DECREE OR JUDGMENT
TO: Taylor.Equipment.Company, Inc.
c/o David P. Taylor, President
180 Machinery Road
Friedens, PA 15541
( ) 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 If - J S - a Q 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.
ti
l tt? R
Prothonotary
Day-T"M Agars
E"
Supreme Court of Pennsylvania
Cou;G6of CI..omm'an Pleas
1.K' !4 'i Vim
Givil,Coaver Sh et
County
,S
E
C
T
;1
I
O
N
A
For Prothonotary Use Only.
Docket No: /
The information collecled on this form is used solely,for court administration purposes. This.form does not
supplement or replace the filing and service of pleadings or other papery as requires( by lulu or rules of court.
Commencement of Action:
Complaint ? Writ of Summons ? Petition ? Notice of Appeal
l Ek-Transfer from Another Jurisdiction ? Declaration of Taking
Lead P amts f's Name: ?
R Lead Defendant's Name:
',
•?/Y (
?¦
V .'? t t 1
r
D Check here if you are a Self-Represented (Pro Se) Litigant
Name of Plaintiff/Appellant's Attorney:
Are money damages requested? : s ? No
1
1 Dollar Amount Requested: ? within arbitration limits
(Check one) outside arbitration limits
Is this.a Class Action Suit? ? Yes 'No
Nature of the Case: Place an "X" to the left of -the ONE case category that most accurately describes your
PRIMARY CASE. If you are making more than one type of claim, check the one that
you consider most, important.
S.
E
.C'_
:
Y,
I
O
N
TORT (do not include Mass Tort)
? Intentional
? Malicious Prosecution
? Motor Vehicle
? Nuisance
? Premises Liability
? Product Liability (does not include
mass tort)
? Slander/Libel/ Defamation
? Other:
? Other:
REAL PROPERTY
? Ejectment
? Eminent Domain/Condemnation
? Ground Rent
? Landlord/Tenant Dispute
? Mortgage Foreclosure
? Partition
? Quiet Title
? Other:
CONTRACT (do not include Judgments)
? Buyer Plaintiff
? Debt Collection: Credit Card
? Debt Collection: Other
? Employment Dispute:
Discrimination
? Employment Dispute: 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
MISCELLANEOUS
? Common Law/Statutory Arbitration
? Declaratory Judgment
? Mandamus
? Non-Domestic Relations
Restraining Order
? Quo Warranto
? Replevin
? Other:
212010
+al
NOTICE
?I 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
I
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
1915.1 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 parry 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
PENNSYLVANA,
NO.:
Plaintiff,
vs.
TAYLOR EQUIPMENT COMPANY, INC.,
a Pennsylvania business corporation,
TYPE OF PLEADING:
PRA.ECIPE TO FILE AND INDEX
FOREIGN JUDGMENT
Defendant.
I HEREBY CERTIFY THAT THE ADDRESS OF
THE PLAINTIFF IS:
FILED ON BEHALF OF PLAINTIFF:
First National Bank of Pennsylvania
523 Main Street, 8"' Floor
Johnstown, PA 15901
I HEREBY CERTIFY THAT THE ADDRESS OF
THE DEFENDANTS IS:
180 Machinery Road
Friedens, PA 15541
A 0 EY FOR PL TIFF
FILED IN
PROTHONOTARY'S OFFICE
NOV 1 5 2010
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
BY:
CLERK
IN THE COURT OF COMMON PLEAS OF
WESTMORELAND COUNTY, PENNSYLVANIA
FIRST NATIONAL BANK OF CIVIL DIVISION
PENNSYLVANA,
Plaintiff, NO.: 2QS (o 6f 301 0
,
Vs.
TAYLOR EQUIPMENT COMPANY,
INC., a Pennsylvania business corporation,
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 907 Judgment 2010 and index it against Defendant,
Taylor Equipment Company, Inc., a Pennsylvania business corporation, 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:
D r . Birsic, squire
o ph A. Fidler, Esquire
,Ittorneys for Plaintiff
IN THE COURT OF COMMON PLEAS OF
WESTMORELAND COUNTY, PENNSYLVANIA
FIRST NATIONAL BANK OF
PENNSYLVANA,
Plaintiff,
CIVIL DIVISION
NO.: c?SL 6f QC)?)
vs.
TAYLOR EQUIPMENT COMPANY,
INC., a Pennsylvania business corporation,
Defendant.
AFFIDAVIT OF FOREIGN JUDGMENT PURSUANT TO 42 Pa. C.S.A. X4306
I certify under penalty of perjury that, to the best of my knowledge and belief:
1. The Defendant and Judgment Debtor, Taylor Equipment Company, Inc. is a
Pennsylvania business corporation with an address of 180 Machinery Road, Friedens, PA 15541.
2. The Plaintiff and Judgment Creditor's office is located at 523 Main Street, 81h
Floor, Johnstown, PA 15901.
3. The foreign judgment being transferred from the Court of Common Pleas of
Somerset County, Pennsylvania at docket number 907 Judgment 2010 is valid, enforceable and
unsatisfied,
By:
Sworn to and subscribed before
me this Iday of 2010.
NotarY,,'ublic
COMMONWEALTH OF PENNSYLVANIA
Notarial Seal
Elizabeth M. Cagnon, Notary Public
City of Pittsburgh, Allegheny County
My Commission Expires )an. 6, 2012
Member, n°nn,::vivanla Association of Notarie
GRENEN &
J'a fI'D. #87325
Attorneys, for Plaintiff
One Gateway Center, 9th floor
Pittsburgh, PA 15222
(412) 281-7650
IN THE COURT OF COMMON PLEAS OF
WESTMORELAND COUNTY, PENNSYLVANIA
FIRST NATIONAL BANK OF CIVIL DIVISION
PENNSYLVANA,
NO.. ?a5 (? 04 C?(3)
Plaintiff,
vs.
TAYLOR EQUIPMENT COMPANY,
INC., a Pennsylvania business corporation,
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
Defendant is 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.
13 Notary Public
7EIizabeth ONWEALTH OF PENNSYLVANIA
Notarial Seal Public
M. Cagnon, Notary ounty
y of Pittsburgh, Allegheny
Commission Expires )an. 6, 2012
Member. Pennsvivania Association of Notarae
IN THE COURT OF COMMON PLEAS OF
WESTMORELAND COUNTY, PENNSYLVANIA
FIRST NATIONAL BANK OF
PENNSYLVANA,
CIVIL DIVISION
NO.: 2 ?- 5 co 0T QLL l?
Plaintiff,
vs.
TAYLOR EQUIPMENT COMPANY,
INC., a Pennsylvania business corporation,
Defendant.
NOTICE OF ORDER, DECREE OR JUDGMENT
TO: Taylor Equipment Company, Inc.
c/o David P. Taylor, President
180 Machinery Road
Friedens, PA 15541
( ) 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
( ) 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
. NOU-05-2010 12:51 From:TAYLOP. EQUIPMENT
5148935634 To:7248362041 P.3/16
IN THE COURT OF COMMON PLEAS OF SOMERSET COUNTY, :PENNSYLVANIA
FIRST NATIONAL BANK Of
PENNSYLVANA,
Plaintiff,
vs.
TAYLOR EQUIPMENT COMPANY, INC.,
a Pennsylvania business corporation,
Defendant,
1 HEREBY CERTIFY THAT THE ADDRESS OF
THE PLAINTIFF IS:
523 Main Streot, 8'h floor
Johnstown, PA 15901
I HEREBY CERTIFY THAT THE ADDRESS OF
THE DEFENDANTS IS:
180 Machinery Road
Friedens,.PA 15541
f1
:000, TFF
CIVIL DIVISION
N°.qb-? J js m.&j ao / a
TYPE OF PLEADING:
COMPLAINT IN CONFESSION OF
JUDGMENT
FILED ON BEHALF OF PLA[NTIFF:
First National Bank of Pennsylvania,
COUNSEL OF IZECORD FOR THIS
PARTY:
Daniel J. Birsic, Esquire
Pa, I.D. #48450
Joseph A. Fidler, Esquire
Pa I.D. #87325
QRENEN & B[RSIC,..P.C.
One Gatoway Center
Ninth Floor
Pittsburgh, PA 15222
(412) 281-7650
77! a)
G^ c
DEFENDANT'S
EXHIBIT Lam..
. NOU-05-2010 12:51 From:TAYLOR EQUIPMENT 8148935634 To:7248362041 P.4/16
IN THE COURT OF COMMON PLEAS OF SOMERSET COUNTY, PENNSYLVANIA
FIRST NATIONAL BANK OF
PENNSYLVANA,
CWIL.D1VISION
NO.:
Plaintiff,
VS.
TAYLOR.EQUIPMENT COMPANY, INC.,
a.Pennsylvania business corporation,
Defendant.
COMPLAINT IN CONFESSION OF JUDGMENT
AND NOW comes -Plaintift; First National Bank of Pennsylvania, by and through its
attorneys, Orman-&Birsic,:P.C. and files this Complaint in Confession. of. Judgment us-follows:
1. First National Bank of Pennsylvania, is a national bank authorized to conduct
business in the Commonwealth of Pennsylvania, with offices located at _523 Main Street, 8TH
Floor, Johnstown, PA 15901 (hereinafter referred to as "Plaintiff').
2. Taylor Equipment Company, inc. is a Pennsylvania business corporation with a
last known address of 180 Machinery Road, Friedens, PA 1.5541 (hereinafter referred to as
"Defendant"),
3. On or about July 19, 2007, Defendant executed and delivered in favor of Plaintiff
a Promissory Note in the original principal amount of $3,000,000,00 ("Note"), which Note
authorizes the Confession of Judgment against the Defendant. A copy of the Note, which copy is
. NDU-05-2010 12:51 From:TAYLOP. EQUIPMENT
el4e935634
7o:724E362041
P. 5/16
.a true and correct reproduction of the original Note, is marked Exhibit "A", attached hereto and
made a part hereof.
4. The Note has not been released, transferred or assigned.
S. Judgment has not been entered against the Defendant on the Note in any
jurisdiction.
6. Judgment is -not being entered by confession against a natural person in
connection with a consumer.credit transaction.
7. The Note authorizes the entry of judgment against the -Defendant upon default
under the terns of the Note,
a. Notice ofDemand wasmailed to the Defendant on or about July 221, 2010. A true
and correct copy of said Notice of Demand is attached hereto, marked Exhibit "B" and made a
-part hereof,
9. Defendant is in default under the terms of the Note for failing to make payments
when due upon demand.
10. The itemization of the amount due under the Note is as follows;
Principal $2,502,500.00
Interest to 11 /1 /10 $ 2.609.33
TOTAL $2,505,109.33
[The remainder of this page has been intentionally lefi' blank]
• NOU-05-2010 12:51 From:TAYLOR EQUIPMENT 8146935634 To:724e362041 P.6/16
WHEREFORE, the Plaintiff, as .authorized by the Warrant oF.Attorney .contained in the
Note, demands judgment against the Defendant 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, and brings
said instrument to Court to recover said sums.
Respectfully Submitted,
GRENEN & .BIRSIC, P.C.
D'
- irsic, Esquire
D, -#48450
Joseph A Fidler, Esquire
Pa. 1.D.-#87325
Attorneys for Flrst National.Aank of
Pennsylvania
One Gateway Center, 9`h floor
Pittsburgh, PA 15222
(412).281=7650
THIS IS AN ATTEMPT TO COLLECT A DEBT, AND ANY INFORM AT[ON
OBTAINED WILL BEUSED FOR THAT PURP09:E.
•NOU-05-2010.12:51 From:TAYLOR EQUIPMENT 6148935634 To:7248362041 P.7/16
1N"THE COURT OF COMMON PLEAS OF SOMERSET COUNTY, PENNSYLVANIA
FIRST NATIONAL BANK OF
PENNSYLVANA,
Plaintiff,
CIVIL DIVISION
NO.:
vs.
TAYLOR EQUIPMENT COMPANY, INC.,
a Pennsylvania business corporation,
Defendant.
CONFESSION OF JUDGMENT
Pursuant to te Warrant of Attorney. contained in the'Note, the original or copy of which
is attached to the -Complaint in this action, .1 appear for the Defendant and confess judgment in
favor of Plaintiff and.againsttheDefendant as follows:
:Principal 52,502,500.00
Interest to I IA /10 $ "2.609.33
TOTAL .$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 $452:26 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, and
brings said instrument to Court to recover said sums,
GRENEN & BIRSIC, P.C.
By
. irsic, Esquire
?JJ099eannphh A, Fidler, Esquire
Attorneys for Defendants
Pro lfac Vice
. NOU-0?-2010 12:52 Prom:TAYLOP, EQUIPMENT 8148935634 To:7248362041 P.9/16
IN THE COURT OF COMMON PLEAS OF SOMERSET COUNTY,-PENNSYLVANIA
FIRST NATIONAL=BANK OF
PENNSYLVANA,
NO..
CIVIL:DIVISION
Plaintiff,
vs,
TAYLOREQUIPMENT COMPANY, INC.,
a Pennsylvania business corporation,
Defendant,
CONFESSION Of JUDGMENT
Pursuant to the Warrant of.Attorney.contained in the Note, the original or copy of which
is attached to the Complaint in this action, J appear for the Defendant and.confess. judgment in
favor of Plaintiff and against the .Defendant asfallows:
Principal $2,502,500.00
Interest to _11 / 1 / 10 -2.609.33
TOTAL S2t505110933
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 -dim, floating, together with costs and reasonable and actually
incurred attorneys fees not to exceed ten (10%) of the unpaid principal and accrued interest, and
brings said instrument to Court to recover said sums,
GRENEN & B1RS.1C, P.C,
1.rBirsic, Esquire
seph A. Fidler, Esquire
Attorneys Tor Defendants
Pro Hac Vice
NOU-05-2810 12:52 From:TAYLOP. EQUIPMENT 814893563,4 To:7248362041 P.9/16
1KX: IRIT 66A99
-NDO-05-2010 12:52 Prom:TAYLOR EQUIPMENT
8148535634 7o:7248362041 P.10/16
loose,
PROMISSORY'NOTE
Prlnaipal Amount: +13,000,000.00 Inl0al Rote: '71070% "Data of Note., .July 19,:2007
PRONNe6 TO PAy. -Taylor Squk elan Comparty, Ina, ("Borrower') promisee to pay to First National Bshit of PennsyhMme 1"Lender"1, or order, In
lawful money of the Urdled Bates of Amod", on demand, Its principal amount at Throe NGlllem •A 001100 Dollars I03,000,000J101 or so muoh
,at may be o nosdkw, Weashor.wilh bnaretl on the unpaid outatandift principal bolenoo,of woh seven". hHarest-chap be ool fisted from the
data of each adwetoe until rapaymNm of eeoh advance.
PAYMENT. 'Bomewer-will pay thin loon In full immadletary tptort' hendePs dertnnd, 'Owrower•wM pay rsoulsr-ttwnthy payments obell sacrued
unpeld interest due ss of each payment data, bstektnMg•AUguet.26, 2007, *0 as eubseghant bNer test payments to be des on the Dome day of
•6501 mohih aRsr that. Unless otherwine-agreed or required by applicable low, payments will be applied eat to any seamed unpaid Ints?esli
than to Priffeipab mhan to anyanpsld "Notion oastet•and than to any fete charges. 'TM WW" Intunet rote lot INS Note le computed an's
.3691300 baler that le. by spgybilf the ratlo al the "Mal Itttereal rate owr,o war.of 300 dovsrmtltiplied by the ouetandMg prhelpel Salutes,
mhMlgad by the actual number o/ days tin principal balomm Is outstanding. BOrrowel•wlll pay Lender at.La"We address shown above or at
such Dow plooe-se Lender may dtelonsto in.wrltine.
VARIABLG INTORBBT NATO. The Interan rate on this Note is subject to change from time to tats based on changes in on Independent Index
which Is the 'LIBOR Rate" which entil mash the offered rate lot U,6, Dolte? deposits -which -the BrltNh Bankers' Association We, and as
displayed in ths.Bloomberg Financial Market System, as to one t11 month LIBOR veto ome:dsv which is two 131 London BankMg'Days prior to
the boglnnino.of sash Interest Period, If tar any reason the LIBOR Rote Is unavailable andfor Lander le-unable to determine the LIBOR Rote for
any Internet Period, the-Li1OR Rate for-such Interest Period shall be doomed equal to Lender's Prime Nets. 'Prkne Rate" shelf Mesa the interest
rats par year publicity artnounsed from time to time by Lander-as its Prime Rsm, Prime Raw may be greater or leas then other Interest rates
ahorged by .Lender to other borrowers and Is not Sol* bated or dependent upon the hearost rate which Lander may chugs any particular
barrowar.or ekes of borrow ts. fine "Index'), "The In0ox is not necessarily the lowest rate changed by Lander on Its loans, It the Index
becomes unwollift during the term of this loan, Lender may deolgnsw•e oubstkute Uhax:stter notifying Borrewer. Lender-wig tall Borrower
the current Index fete upon Borrower's m4most, The Internet rate chat" will net occur mate of tan than soon ante -manth. Borrower
uMderawtas that Lender may make loans based on other rates es well. 'The Index ourrontly V111.320% par mount. The Interest rate to be
applied to to unpold prlnolpat bNance during this Note will be Sue rate of,2260 percentage palms ttwr tote Mdax, resulting In ale Initial veto of
?.870% per•annum. NOTICei Under no alroumatenass will the Interest into on this Note be-men then the maximum rate allowed by applicable
few.
LATE CHARGE. It a roguieriv scheduled interest payment Is 10 dove or more late, Borrower will be charged 0.000% of tide rsptdarly, sahodufed
payment, It Lander demands payment of title loan, and Borrower dose not pay the loon In lull within 10 dais afar Wear's domerod, Borrower
also will tea ohargad 6.000% of the sum of the unpaid principal plus 65arued unpaid Internet.
1NTEROBT AFTER DEFAULT. Upon detsuft, Including failure to pay upon gn¦I maturity, the Interest rate on this Note shot) be Increased by
adding a 4.000 percer?tage point margin I"Ocfauh Rate Margin"), TM Default Rate Margin shell also apply to each succeed" Interest ate
change that would hove applied had there been no deteutt, It judgment is entered in connection with this Note, inweet *91 continue to warue
afar the data of )udgment at the rate in effect at the time judgment It entered, However, In no went will the interest rote exased the maximum
interest rote limitations under applicable low.
09FAULT. Each of the following shall constitute an event of default l1vent of Default') under this Note:
Payment Default. Borrower rolls to make any payment when due under this Nato.
Other 0916900, Borrower toga to comply with or to perform any other term, obligation, eavonom or condhion contained in this Note or In
any of the reeled doaumenra or to comply with or to perform any term, ooligallon, coverhtnt or condition contained In any other agreement
between Lender and Borrower.
Default In Facer of TNbd Parties, Borrower or env Grantor default under any loan, extension of credit, security agreement, purchase or
lake agreement, or any other agreement, In favor of any other arat itor or person that may mote/lolly afloat arty of Borrowor'a.property or
Borrower's ability to tansy this Note or perform Borrower's obligations under this Note or any of the related documents,
False Statements. Any warranty, representation or statement made or fundahad 10 Londer by Borrower or on Borrower's behalf under this
Note or the related document# it false or misleading In retry material respect, either new or at the time mares or furnished or becomes facto
or misleading at any time thereafter.
Insolvency, The dissolution or termination of 00ftower"s existence ss a going bwinase, the Insolvency of Borrower, the appointment of a
receiver tar any pen of borrower's proparty, any assignment for the benefit of creditors, any type of creditor workout, or the
commenoernont of any proceeding under any bankruptcy or insolvency taws kW or against Borrower,
Creditor or Forfeiture Ptoosedinge, Commonomment of foreclosure or forfeiture proceedings, whether by Judtalel praeooding, selhrmlp,
repossession or any other method, by any creditor of Borrower or by any governmental agency against env collateral sa wing the loan,
This Includes a garnishment of any of Borrower's anooume, Including deposit accounts, with Lander, However, this Event of Default shall
not apply It theta Is a good Ishn dispute by Borrower as to the validity or reasonableness of the ofalm which Is the basis of the creditor at
torfalturs proceeding and It Borrower gives Lander written noUes of the creditor or forfeiture prooseding and deposits with Lender monies or
a Surety bond for the creditor or forfeltum proceeding, In an amount determined by Lender, In Ion solo discretion, as being an adequate
reserve or bond for the dispute,
hvonq Affeotlno Oua?sntor. Any of the preceding. events occurs with reepwt to any Ouarentor of any of the Indebtedness or any
Borrower: Taylor Egtuliorrenl Cwogeny, IN, Lender: Fire$ National Bank of Psrmaylvanis
160 Machinery And Comin aMd • JOHNSTOWN
P?ladens,•PA 19541 ONO III" BLVD,
HBRMITAGG, PA 16149
NOV-05-2010 12:52 From:TAYLOR EQUIPMENT
8148935634 To:724E362041 P.11/16
PROMISSORY NOTE
(Continued) Page 2
Ounrantor din or becomes Incompetent. or rwokee or disputes the validity at, or liability under, env guaranty of tho indebtedness
evidenced
4"UMO unoondiNonelty the Obligations edging unda?1he guaranty Ina mean erru l eatieffao not be to Lender, Le.ato, nd, permit do ng on, auto any Event of
D4lsutt
Change In Ownership, Any change In ownership of twontyfive percent 126%1 or more of the common stook of Borrower.
Adverse Chongs. A material odvprss change oacur$ In Borrower'e financial condition, or Lander bMiovoe the prospect of payment or
performance of this Nate Is impaled.
Insecurity. Lander In good talth believes Itself Insecure,
Curs Provision, It any delouh, other then a default M payment is ourebie and If Borrower has not bean glven.e notice of o breach of the
some provision of I* Note-within Ow prooeding twelve 112) months, it may be oured It Borrower. after remelving written notice tram
Laver demanding owe of such.defoulu fit autos the default within fifteen 1181 days; or 121 If the auto roOrse more than fifteen (161
days, neredWely Inidet".steps -which Lender dooms In Lender's sob dNoratlon to be sufficient to ours the default and thereafter
continues and complalaa all reasonable and necessary wisps sufficient to product complianceno soon an ressonab y prandoel>
LENDER'S RIONTS, Upon default, Lander May, .After giving such notion as required by appf(aabie law, doctors the entire unpaid principal
oelsnoo under this Note and el soorued unpaid Interest Immediately due, and then Borrower will pay that amount ,
ATTORNEYS' PEKE: EXPEN8S6. Lander may hire or pay someone also to help collect this Nots It borrower dose not pay. Borrower will pay
Lander that amount. This nnoludes,•subjew to any Ilmitt under appliouhle low, Lander!* reasonable attorneys' foes and tandwItt legal expenses,
whether or-flat there te.a lewsult, including reasonable attomeys' lea,-etpensos for bankruptcy prooooding6 linaluding efforts to modify or
Yeasts any AUTOMATIC play or lniurtotlon), and appeolo, it not prohibited by applicable low, Borrower ego?wlil pay any court costs, In addition to
all othevounrw provided by low.
JURY WAfV6R. Londn.and Borrower hereby waive tha right to any jury trial In env soften, proondktg, or aeuntaraltlm brought hyoliher Lender
or Borswsrmgelntt the other,
120VORNINO LAW, 'This Note will be governed by federal low-applatble to Lender and, to the extant not ptaserstted by federal taw, the laws of
the Commonwealth of Pennsylvania without regard to Ito conflicts of low proylshma. This No" has been .tronpted by tender M the
Commonwealth of Ponneyhremla.
CHOICE OF VENUE. It there b.a lawsuit Borrower agrees upon Lender's request to submit to in* jurisdiction of the oourte of Somereat County,
Commonwealth of Penneyivenis,
MIGHT OP.BITOPP, 'To the extent permitted by.Appllaoblo law, Lander rsosrves a right of setoff In all Borrower's-eooountrwith Lander 1whother
checking, savings, or-some other account), This Indludn All Acoounte Borrower Woo IclntW whh.sonwhe also end4l accounts Borrower may
open M the future, However, this does not Inaluda any IRA or Keogh accounts, or any trust accounts for which small would be prohINtad by
low, Borrower outhergss Lander, to the extent permitted by applicable law, to charge or small edit mums owing an the indebtedness against any
and all msbh accounts,
IJNE •DP CRIWIT. 'This Note evidences-* revolving #no of credit. Advances under this Note may he requested orally by Borrower or as provided
In this paragraph. ?Alj oral requacu shell be confirmed in Writing on the day of the request. -Ali communications, ingiructions, or directions by
taisphons or otherwise to Lander pre to be dlrsa"d to Lender's offloa shown above, The following peroun or persons are-euthadled to request
ettvantts and outlxtrlso payments under the One of credit until Lender nooolves from Borrower, at Lsndbr'e address shown aoova, written notion
of revoosilon of much authority: David P. 'Toyler. Preaidenl of Taylor Bgtdphxtnt Company, Inc. Borrower apron to be labs for all aume either,
IAI advanced in saoorosrwe with the Insutmtlons of on authorized parson or 10) oradhsd to any of Borrower's amounts wlth Lander, Tho
unpaid prkalpal DOIne owing on this Nate At any time may be avidonoed by andora mona an this Note or by Lender's internal records,
Irwludfng daily oompsm? pdnt•oute,
PINANCIAL WKWMATION, The undenloned hereby agrees tc praparo or cause to be prepared and to furnish Iboertoiai atmemenia and additional
inform"it, lain at seems and RAblotbs, aging lea of WAOU1111e fe0alvabb and PAY4bb, Memory eahadul", budges, (areseste, tax return and
other reports and documents with reepeot to the undersigned's financial condition and business operations and that of any guarantor or surety M
farm and substance as the holder hereof may roWarl t from time to time,
INTSRBGT RATE AFTER DEFAULT, Upon the occurrence of an event of doloult as mar forth herein the undersigned agrees that the Internet ran
ohoil be 6rrta?ded and Increased to four percent 14%) per annum greater then the rate "I forth Above and chill) continue to accrue at sold
default rate umll the holds, agroos and the underlying evem of default has assn owed by the undersigned or env defaulting pony,
SUCCEBBOR INTERSSTB, The terms at this Nato shall be binding upon Borrower, and upon Borrower's heft,, pereanAl representatives,
successors and assigns, and shall inure to the bonoth of Lando( and Its ouoaessare and aoa)gna,
NOTIFY US OF INACCURATE INFORMATION WE REPORT TO CONSUMER REPORTING AGENCIES, Floods notify us It we report env Inaccurate
Information about your saoountlel to a consumer reporting spowir. Your written notloa describing the specific InaoournayNn) should be sent to
us at the following mddrenu First National Bank of Pennsylvania Ann: Prhvaoy Department 4149 Best State Street Hermitage, PA 1 Ol40-3487,
GENERAL PROVISIONS, Thls Nato is payable on demand, Tim Inclusion of epeoifia default provisions or Haitts at Lender shell not prsolude
Lender's fight to declare payment of this Note on he demand, If any pan of this Note cannot be Antoroedr this fact will not affect the lost of the
Nola. Lender may delay or forge onforothg any of its rights or remed)n under this Note without losing them, Borrower and eny otiur parson
who signs, guaranis" or andoren thle Nola, to the extent allowed by Ise, waive prassntment, demand for payment, and notice of dishonor.
Upon env change In the terms of this NOW and union otherwise expressly stated In writfrq, no pony who signs this Nola, whether as maker,
guarantor, eocomrnodotion maker or erdarser, shall b6 released from liability. Al such pontes tares that Lsndnr MAY (anew or extend
Irepestedly end for orty length of timel this loan at mIts" any party or guarantor or ooneotrall Of hnpal, fall 10 1041176 upon at penam Lender's
"CUM Interest In the oollstorAl; and take airy other potion deemed no0olsorY by Lender without the consent of or notice to anyone. All such
portles disc 40ree that Lander may modify this loan without the consent of at nation to anyone other than the party with whom the modification
Is msdt. The obligations under this Nato are joint and several. It env portion of this Note Is tar env reason determined to be unenforceable, it
will not affect the anforosabillty of any other provisions of this Note.
CONPESBION OF JUDGMENT. BORROWER HEREBY IRREVOCABLY AUTHORIZES AND EMPOWERS ANY ATTORNEY OR THE
PROTHONOTARY OR CLERK OF ANY COURT IN THE COMMONWEALTH OF PENNSYLVANIA, OR CLSEWHERF. TO APPEAR AT ANY TIME
FOR BORROWER AFTER A DEFAULT UNDER THIS NOTE AND WITH OR WITHOUT COMPLAINT PILED, CONPESS OR ENTER JUDGMENT
AOAINBT BORROWER FOR THE ENTIRE' PRINCIPAL BALANCE OP THIS NOTE AND ALL ACCRUED INTEREST, LATE CHARGES AND ANY AND
ALL AMOUNTS EXPENDED OR ADVANCED BY LENDER RELATING TO ANY COLLATERAL SECURING THIS NOTE, TOGETHER WITH COSTS
OF SUIT, AND AN ATTORNEY'S COMMISSION OF TEN PERCENT (10%i OF THE UNPAID PRINCIPAL BALANCE AND ACCRUED INTEREST FOR
COLLECTION, BUT IN ANY EVENT NOT LESS THAN FIVE MLINDRBD DOLLARS t1160M ON WMICH JUDGMENT OR JUD13MENTC ONE OR
NOU-05-2010 12:53 Prom:TAYLOP. EQUIPMENT
6148935634 7o:7248362841 P.12/16
PROMISSORY NOTE
IContlnued) 'P490.3
MORE EXECUTIONS MAY ISSUE IMMEDIATELYI AND FOR 80.DOING.THIS NOTE OR A COPY OF-THIS NOTE VERIFIED BY-AFFIDAVIT SMALL
88 SUFFICIENT WARRANT, 'THE AUTHORITY GRANTED IN THIS NOTS'TO CONFESS JUDGMENT AGAINST. BORROWER SHALL NOT BE
EXHAUSTED BY-ANY EXERCISE OF"THAT-AUTHORITY, BUT BHALL CONTINUE PROM TIME TOTIME AND AT•ALL'TIMEB UNTIL PAYMENT IN
FULL OF-ALL AMOUNTS DUE UNDER THIS NOTE, BORROWER HEREBY WAIVES ANY RIGHT BORROWER MAY HAVE'TO NOTICE OR TO A
HEARING IN CONNECTION WITM.ANY SUCH CONFESSION OF JUDGMENT AND STATES-THAT 61THER A REPREDENTATIVB OF LENDER
SPECIFICALLY 'CALLED THIS CONFESSION OF .JUDOMENT PROVISION TO BORROWER'S ATTENTION OR BORROWER HAD BEEN
REPRESENTED BY INDEPENDENT LEGAL COUNSEL.
PRIOR TO 814INMN3'THIB NOTE, BORROWER ROAD AND UNDERBT000 ALL'THE PROVIBIONB OF THIS NOTE, INCLUDING THG VARIABLE
INTBAEBT RATE PROWBIONB. BORROWER AGREES TO'THE TERMS OF THE NOTE,
BORROWER ACKNOWLEBGEB RECEIPT OF-A.DOMPLETEO COPY OF THIS PROMI8BORY NOTE,
TH18 NOTE 18 "GIVEN -UNDER BBAL AND IT 18 INTENDED -THAT THIS NOTE 18 AND SMALL COIOBTITUTE AND HAVE THH EFFECT OF A
BEALED INNTRUMBNT ACCORDING TO LAW.
BORROWBRT
/
'TA PM8P
NY, INC.
?f'71Z -7
Byr jaw
. . ?Rt r nt
Compm?r, Ino,
WIANM/M O Vw A•IIA"M Aw ,MM/MAW NYr, W IMf, /ANA "&X%N MwM M MAIAMM WA^WVW 1MMN8 MA%001
NOO-05-2010 12:53 From:TAYLOR. EQUIPMENT 8148935634 To:7248362041 P. 13/16
EXHIBIT -`'W-D
NOU-05-2010 12:53 From:TAYLOR EQUIPMENT 8148935634 To:7248362041 P.14/16
G.Rz ~N*Bxw;Tc,Y.C.
-ATTORN6Ve AT (.AW
Owa OwMWAV CBMIL, NINTII PIAUR
Prrr9aD1L01I, PKWW5 .VAN1A 15222
"!'Rl (4I1)961?'J65Q FAx(417)761.7fiS7
July 21,.2010
Daniel J. Sinic
dbirsi &1 jMnenbiryiaWr?a I
XIA CR IMED MAIL,L
RR 1 RECT
Taylor Equipment Company, [no
180 Machinery Road
Frictions, PA 15541
Attention: 'David P, -Taylor
President
Ito: Notice of.Domgad
Dear Mr. Taylor;
Please be advised that this firm -represents First National Bank of Pennsylvania (" 1~ND") in
connection with a certain 53,000,000.00 line of credit facility extended by 'FNB to Taylor Equipment
Company, Inc, ("Taylor Equipment") :pursuant to the terms of that certain .Business .Loan Agreement,
dated -July 19,:2007 (as omcnded and modified, the "Loan Agreement") .and evidenced by the terms of
that certain Promissory Note, dated July 19, :2007 (as amended ,and modified, the "Note"), This letter
shall serve as formal notice to the Taylor Company that FNB hastlected to.exercisc its rights under the
terms _of the Loan Agreement, the Note .and the agreements and documents executed in connection
therewith (hereinafter collectively referred to as the "Loan Documents") and hereby demands the
immediate payment in full of all outstanding principal, accrued and unpaid interest and all other sums duo
and owing under the terms of the Loan Documents, Please contact this office or Mervin 0, Hose, Jr. of
FNB at (814) 532.3031 prior to make any payments in order to obtain a current payoff figure,
Please be advised that all of ANA'.s.obhgations to extend any additional advances under the Corms
of the Loan Documents are terminated. In addition, effective as of the date of this Letter, all interest due
and owing under the terms of the Note shall acme interest at the default rate equal to the Index, as that
term is defined in the Note, plus 6.250% per annum.
MB hereby reserves all of its rights and remedies available to it under the terms of the Loan
Documents and that may exist at low and equity to collect the indebtedness due and owing under the
terms of the Loan Documents in full,
If you have any questions in regard to the abovc•refercnced matter, please do not hesitate to give
me a call,
yety truly yours,
`r
Daniel J. Birsic
cc: Mervin 0. Hess, Jr, (via email)
NOU-0S-2010 _12:53 From:TAYLOP, EQUIPMENT E148935634 To:724E362041 P.15/16
VERIFICATION
Mervin 0. Mess, Jr, .Special Assets Officer, and duly authorized representative of First
National Bank of Pennsyivania, deposes and says subject to the penalties of 18 Pa. C.S.A. §4904
relating to unsworn falsification to authorities that the facts sat forth in the foregoing. pleading
are trite and correct to his in.fotmation and belief.
. I 'm , ?AL
M in 0. Hess, .1 r,
Special Assets Officer
First NationalMank ofPennsylvania
NOU-M-2010 12:53 From:TAYLOR EQUIPMENT 8148935634 To:7248362041
IN THE COURT OF COMMON PLC-AS OP SOMERSET COUNTY, PENNSYLVANIA
FIRST NATIONAL BANK OF
PENNSYLV ANA,
CIVIL DM- SfO*N
Plaintiff,
Vs.
TAYLOR EQUIPMENT COMPANY, INC.,
a Pennsylvania. business corporation,
.Defendant.
NO.:
NOTICE OF ORDAL RACE 11 OR XVID-CMENT7
TO: ( ) Plaintiff
(XX) Defendant-- Taylor Equipment Company, Inc.
c/o.David.P. Taylor, President
180 Machinery Road
Triedens, .PA 1.5541
-You are hereby notified that an Order,-,Decree or Judgment was entered in the-above-
captioned -proceeding on
( ) A.copy of the Order or.Decree is enclosed
OR
(XX) The judgment 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 $452.2B 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.
Deputy
P. 16/16
IN THE COURT OF COMMON PLEAS OF SOMERSET CO
CIVIL DIVISION
FIRST NATIONAL BANK OF
PENNSYLVANIA,
Plaintiff,
vs.
TAYLOR EQUIPMENT COMPANY, INC.,
a Pennsylvania business corporation,
Defendant.
Certified to be true and
,inai
correct copy of the orig
Document on file in
this office.
/ r
(?'k'xtot?iciiaotar??''?
NO. 907 JUDGMENT 2010
Petition to Strife Off and/or Open
Confessed Judgment and a Stay of
Proceedings
Filed on behalf of:
Taylor Equipment Company, Inc.,
Defendant/Petitioner
Counsel of Record for this Party:
Harry F. Smail, Jr., Esquire
PA I.D. No. 80436
Lave Offices of Harry F. Smail, Jr., P.C.
126 West Pittsburgh Street, 2"d Floor
Greensburg, Pennsylvania 15601
Phone: 724-836-2040
DEFENDANT'S
EXHIBIT R
IN THE COURT OF COMMON PLEAS OF SOMERSET COUNTY, PENNSYL'V'ANIA
CIN IL DI171SION
FIRST NATIONAL BANK OF
PENNSYLVANIA,
Plaintiff, : NO. 907 JUDGMENT 2010
vs.
TAYLOR EQUIPMENT COMPANY, INC.,
a Pemnsylvania business corporation,
Defendant.
NOTICE-OF PRESENTATION
TO: Daniel J. Birsic, Esquire
Joseph A. Fidler, Esquire
GRENEN & BIRSIC, P.C.
One Gateway Center, Ninth Floor
Pittsburgh, PA 1-52222
Kindly take notice that the within Petition to Strike off and/or Open Confessed Judgment
and a Stay of Proceedings will be presented before Motions Court of the Court of Common Pleas of
Somerset County, Pennsylvania, at 9:00 a. m. on the $tk' day of December, 2010, or as soon
thereafter as the Court pleases.
CERTIFICATE OF SER171CE
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 forth above on the date
hereinbelow set forth.
Date: / / v
IN THE COURT OF COMMON PLEAS OF SOMERSET-COUNTY,-PENNSYLVANIA
CIVIL DTN7ISION
FIRST NATIONAL BANK OF
PENNSYLVANIA,
Plaintiff, : NO. 907 JUDGMENT 2010
vs.
TAYLOR EQUIPMENT COMPANY, INC.,
a Pennsylvania business corporation,
Defendant.
PETITION TO STRIKE OFF AND/OR OPEN CONFESSED JUDGMENT
AND A STAY OF PROCEEDINGS
AND NOW, comes the Defendant, Taylor Equipment Company, Inc., a Pennsylvania
business corporation, by and through its counsel, Harry F. Smail, Jr., Esquire, of the Law Offices
of Harry F. Smail, Jr., P.C., and files this Petition to Strike off and/or Open Confessed. Judgment
and a Stay of Proceedings, and in support thereof, avers the following:
On or about November 3, 2010, Plaintiff, First National Bank of Pennsylvania,
(hereinafter referred to as "Creditor Bank"), filed a Complaint for Confession of Judgments
against Taylor Equipment Company, (hereinafter referred to as "Defendant"), at the above
number and term pursuant to a Promissory Note identified in the Complaint as being Three
Million Dollars ($3,000,000.00).
2. Pursuant to the Complaint, Creditor Bank entered judgment against the above-
named Defendant on the same date pursuant to authority, which Creditor Bank claimed was
contained in the Note.
COUNTI
PETITION TO STRIKE OFF JUDGMENT
Relief from a judgment by 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.
5. 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.
6. The Creditor Bail: 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).
The judgment must be stricken because no default has occurred.
WHEREFORE, the Defendant, Taylor Equipment Company, Inc., respectfully requests
that this Court strike the judgment by confession of November 3, 2010 in the above-captioned
matter.
COUNT II
PETITION TO OPEN JUDGMENT
Petitioner hereby incorporates paragraphs 1 through 7 of its Petition by reference
as if the same were more fully set forth at length herein.
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.
10. 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 Dollars
($3,000,000.00) line of credit.
11. In connection with this loan, Defendant executed a Promissory Note, which
permits judgment to be confessed against Defendant only upon default.
12. Defendant 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 Wife, 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 ("ECOA") prohibits creditors from
discriminating on the basis of marital status.
15. 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
Corporation, simply because of her marital status as Defendant's Wife.
17. The violation of ECOA constitutes a defense to liability and/or counterclaim for
Ms, Taylor.
18. On or about, July 21, 2010, Creditor Bank, sent notice formal notice to Defendant
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.'
19. Additionally, Creditor Bank notified Defendant 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 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.
21. 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.
22. Defendant contests 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. Defendant contests that the amount claimed by Creditor Bank is misrepresented,
since it terminated any additional advances under the term of the Loan Document.
24. Defendant contests 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.
2?. Defendant contests that it was not given proper Notice of any default in
connection with the Loan Documents.
A cop}, of the letter identified as "Notice of Demand" is attached to Plaintiff's Complaint in Confession of
Judgment and marked as Exhibit B.
4
26. Defendant contests that there was never any default in connection with the loan
and under the terms of the Loan Documents.
27. 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."
28. 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, Defendant, Taylor Equipment Company, Inc., respectfully-request that
the judgment of confession entered in the above-captioned matter be stri cken or, in the
alternative, opened.
Respectfully Submitted,
VERIFICATION
I verify that the statements made in this Petition to Strike off and/or
Open Confessed Judgment and a Stav 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 unsworn falsification to authorities.
David P. Taylor
Dated: 11-22-10
IN THE COURT OF COMMON PLEAS OF SOMERSET COUNTY, PENNSYLVANIA
. CIV1L DIVISION
FIRST NATIONAL BANK OF
PENNSYLVANIA,
Plaintiff, : NO. 907 JUDGMENT 2010
vs.
TAYLOR EQUIPMENT COMPANY, INC.,
a Pennsylvania business corporation,
Defendant.
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 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;
5. Argument shall be held on the day of )2010,
at a.m./p.m. before the Honorable m 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
1
IN THE COURT OF COMMON PLEAS-OF SOMERSET COUNTY, PENNS-I'LVANIA.
CIVIL DTN7ISION
FIRST NATIONAL BANK OF
PENNSYLVANIA,
Plaintiff, : NO. 907 JUDGMENT 2010
vs.
TAYLOR EQUIPMENT COMPANY, INC.,
a Pennsylvania business corporation,
Defendant.
CERTIFICATE OF SER171CE J
.I /"
I, Harry F. Smail, Jr., Esquire, hereby certiry that on thia2 day •f ,
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,
. t a
VERIFICATION
I verify that the statements made in this Petition to strike off
and/or Open Confessed Judgment 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 unsworn falsification to authorities.
David P. aylor
Dated: 11-30-10
. to
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
CIVIL DIVISION
FIRST NATIONAL BANK OF
PENNSYLVANIA,
Plaintiff,
VS.
TAYLOR EQUIPMENT COMPANY
INC., a Pennsylvania business corporation,
Defendant.
No. 10-7172
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.
. A, .
BY THE COURT:
Attest:
Prothonotary
cc: Daniel J. Birsic, Esquire
Joseph A. Fidler, Esquire
Harry F. Smail, Jr., Esquire
A 1?
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
CIVIL DIVISION
FIRST NATIONAL BANK OF
PENNSYLVANIA,
Plaintiff, No. 10-7172
VS.
TAYLOR EQUIPMENT COMPANY
INC., a Pennsylvania business corporation,
Defendant.
CERTIFICATE OF SERVICE
I, Harry F. Smail, Jr., Esquire, hereby certify that on this S d
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. Smail. Jr.. P.C.
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
10-7172 CIVIL TERM
ORDER OF COURT
AND NOW, this 67) 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,
Albert H. Masland, J.
Daniel J. Birsic, Esquire
Joseph A. Fidler, Esquire
One Gateway Center, Ninth Floor
Pittsburgh, PA 15222
marry F. Smail, Jr., Esquire
For Defendants
:saa
r7l
A
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
CIVIL DIVISION
FIRST NATIONAL BANK OF
PENNSYLVANIA,
Plaintiff,
vs.
TAYLOR EQUIPMENT COMPANY
INC., a Pennsylvania business corporation,
: rn co
- C
_
cn r
z r'Q
c
rn
No. 10-7172 -
. c? ) CQ
i -n
?>
C i?
Defendant.
ORDER OF COURT
AND NOW, to wit, this eday of e)-cr I lG _ , 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. 907 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:
Attest:
5?ary
cc: Joseph A. Fidler, Esquire
Harry F. Smail, Jr., Esquire
cc. tE.S ena(
t Z ;L (0
Judge