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Home My WebLink About11-5334David J. Lanza Attorney I.D. No. 55782 2132 Market Street Camp Hill, PA 17011 (717) 730-3775 Attorney, for Defendants INTEGRITY BANK. Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. IRISH RESTAURANTS, LP et al Defendants NO. 11-5334 Civil ANSWER 1. Denied. Defendant has no knowledge of Plaintiff's corporate status. 2. Admitted. 3. Admitted. 4. Admitted. 5. Admitted. 6. Admitted. .?? M C-- 17i 1` C, "-? 7. Admitted. 8. Admitted. 9. Admitted. 10. Denied. This averment constitutes a conclusion of law that requires no responsive pleading. By way of further denial, there has been no default. H. Denied. This averment constitutes a conclusion of law that requires no responsive pleading. By way of further denial, there has been no default. 12. Denied. It is denied that Borrowers failed to pay the required monthly installments by May 30, 2011. 13. Denied. This averment constitutes a conclusion of law. 14. Denied. Defendants have no knowledge of this averment. 15. Denied. Defendants have no knowledge of this averment. 16. Denied. Accelerated amounts are not due at this time, as Borrowers are not in default. Penalties, satisfaction fees and attorney fees are not due, as there is no default. By way of further denial and in the alternative, the attorney fees claimed are excessive and do not reflect the actual costs of this litigation or any actual collection efforts. 17. Denied. Borrowers are current in their obligations to Plaintiff. The aforesaid charges cannot lawfully accrue. 2 Wherefore, Defendants request judgment in favor of Defendants and against Plaintiff and that Plaintiffs Complaint be dismissed and that the Judgment be stricken or opened. Respectfully submitted, Dated: IT ? ? 1 I 7i David J. Lanza Attorney I.D. #55782 2132 Market Street Camp Hill, PA 17011 (717) 730-3775 Attorney for Defendants VERIFICATION The undersigned hereby verifies that the facts set forth in the foregoing document are true and correct to the best of his/her knowledge, information and belief and further states that false statements herein are made subject to the penalties of 18 Pa.C.S § 4904 relating to unsworn falsification to authorities. C- Dated: Timothy J. Hogg 4 CERTIFICATE OF SERVICE AND NOW, this :?8th day of July, 2010, I hereby certify that I have served a copy of the foregoing document on the following by depositing a true and correct copy of the same in the U.S. Mail at Harrisburg, Pennsylvania, postage prepaid, addressed to: Nedric Nissley, Esquire 100 Pine Street P.O. Box 1166 Harrisburg, PA 17108-1166 By: ff David Lanza INTEGRITY BANK, IN THE COURT OF COMMON PLEAS OF -{ PLAINTIFF CUMBERLAND COUNTY, PENNSYLV r cri , .? -C -" --? v IRISH RESTAURANTS, LP, et al.: DEFENDANTS NO. 11-5334 CIVIL 7T' ..J ORDER OF COURT AND NO , this 1St day of August, 2011, upon consideration of Defendant's Petition to Open and or Strike Confessed Judgment, IT IS HEREBY ORDERED AND DIRECTED that: 1. A Rule is issued upon the Plaintiff to show cause why the Defendant is not entitled to the relief requested; 2. The Plaintiff will file an answer to this petition on or before August 22, 2011; 3. The Prothonotary is directed to forward said Answer to this Court. 4. A he?ring/argument on the matter will be held on Friday, September 9, 2011, at 8:30 a. m. in Courtroom No. 2 of the Cumberland County Courthouse, Carlisle, Pennsylvania. By the Court, 'I II M. L. Ebert, Jr., J. Nedric Nissley, Esquire Attorney for Plaintiff David Lanza, Esquire C?IP•p' Attorney for D fendants S?a?N bas INTEGRITY BANK, IN THE COURT OF COMMON PLEAS Plaintiff OF CUMBERLAND COUNTY, PENNSYLVANIA V. C'7 NO. 11-5334 r-,a rrI E. IRISH RESTAURANTS, LP r IRISH PROPERTIES, LP C. - <?' - ; IRISH REAL ESTATE, LLC ?o IRISH NEW CUMBERLAND, LLC o ; HOGG PROPERTIES, LLC ar, TIMOTHY J. HOGG and a ~ JANA M. HOGG Defendants CIVIL ACTION- LAW RETURN OF SERVICE PURSUANT TO PA. R.C.P. No. 2958.1(c) Plaintiff, Integrity Bank, hereby files this Return of Service and swears and affirms that the person or persons listed below was or were served pursuant to Pa. R.C.P. No. 2958.1(b) with the Notice of Judgment and Execution Required by Rule 2958.1 by certified mail on July 14, 2011, return receipt requested, as provided by Pa. R.C.P. No. 403. A copy of each receipt for certified mail is attached hereto. TO: Irish Restaurants, LP 322 Equus Dive Camp Hill, PA 17011 Irish Real Estate, LLC 322 Equus Dive Camp Hill, PA 17011 Hogg Properties, LLC 322 Equus Dive Camp Hill, PA 17011 Irish Properties, LP 322 Equus Dive Camp Hill, PA 17011 Irish New Cumberland, LLC 322 Equus Dive Camp Hill, PA 17011 Timothy J. Hogg 322 Equus Dive Camp Hill, PA 17011 Jana M. Hogg 322 Equus Dive Camp Hill, PA 17011 Respectfully submitted, McNees Wallace & Nurick LLC Date: August 3, 2011 By: Nedric L. Nissly, squire Attorney I.D. No. 44233 nnissly@mwn.com 100 Pine Street, P. 0. Box 1166 Harrisburg, PA 17108-1166 (717) 237-5357 Attorneys for Integrity Bank ---- ------------------ ------- ------- -- ---- ---- 2. Article Number 1 e' A. Received by ( lease Print Clearly) C. Sign tub re I X ?? 7196 9008 9111 0621 0258 D. Is deliveryaddress different from item 11 I(YES, enter delivery address below: 3. Service Type CERTIFIED MAIL*N 4. Restricted Delivery? (Extra Fee) ?Yes 1. Article Addressed tD: Irish Restaurants, LP 322 Gquus Dive Camp Hill, PA 17011 21328-0153 3029 PS Form 3811, January 2005 Domestic Return Receipt -------------------- ------- ---------------- -------- 2. Article Number A. Reoe by Print Clearly) a ?. x C. Signature 7196 9008 9111 0621 0265 D. Is delivery address different from hem I? It YES, enter delivery address below: 3. Service Type CERTIFIED MAIL" 4. Restricted Delivery? (Extra Fee) ?Yes 1. Article Addressed to: Irish Properties, LP 322 Equus Dive Camp Hill, PA 17011 21328-0153 3029 PS Form 3811, January 2005 Domestic Return Receipt 2. Article Number A Received (Phase Print Clearly) C. 8lgnaare t( 7196 9008 9111 0621 0432 X ?- Q Is deWvery address different from Item 1? If YES, enter delivery address below: 3. Service Type CERTIFIED MAILTN 4. Restricted Delivery? (Extra Fee) ?Yes 1. Article Addressed to: 15?t?UCU 1111b Timothy J. Hogg 322 Equus Dive Camp Hill, PA 17011 121328-0153 3029 PS Form 3811, January 2005 Return Receipt B. ta_ ? Agent ? Addressee ? Yes ? No ? Agent ? Addressee ? Yes f-1 No )L/ -1 )_ ? Agent ? Addressee ? Yes [] No ---- - -- ---------- -------------- 2. Article Number A. Rene (Please Print arty) all C. Signet. X 7196 9008 9111 0621 0449 D. 19 delivery address different from Item 1? RYES, enter delivery address below: 3. SOM400 Type CER' 4. Restricted DelverE]Yes 1. Article Add ressed Jana M- Hogg 322 Equus Dive Camp Hill, PA 17011 21328-0153 3029 PS Form 3811, January 2005 Domestic Return Receipt - --------------------- 2. Article Number A Rec d by lease Print Clearly) M C. Signature 7196 9008 9111 0621 0272 D. Is delivery address different from item 1? U YES, enter delivery address below: 3. Service Type CERTIFIED MAILTM 4. Restricted Delivery? (Extra Fee) QYes 1. Article Addressed to: Irish Real Estate, LLC 322 Equus Dive Camp Hill, PA 17011 21328-0153 3029 Form 3811, January 2005 Domestic Return Receipt W Agent Addressee Yes No ')7' /I ? Agent ? Addressee ? Yes I? No 21328-0153 3029 Domestic Return Receipt Return Receipt Y ? Agent E] Addressee ? Yes F-I No ? Agent Addressee ? Yes n No INTEGRITY BANK, Plaintiff V. IRISH RESTAURANTS, LP IRISH PROPERTIES, LP IRISH REAL ESTATE, LLC IRISH NEW CUMBERLAND, LLC HOGG PROPERTIES, LLC TIMOTHY J. HOGG and JANA M. HOGG Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 11-5334 "mac) ?o CIVIL ACTION- LAW V J Uri r,a G r. INTEGRITY BANK'S PRAECIPE TO VACATE CONFESSED JUDGMENT WITHOUT PREJUDICE AND DISCONTINUE THE ACTION WITHOUT PREJUDICE TO: THE PROTHONOTARY OF CUMBERLAND COUNTY Please mark the judgment entered in the above captioned case as vacated without prejudice and discontinue all further action without prejudice. McNEES WALLACE & NURICK LLC Date: August 24, 2011 By: Nedric L. Nis ly, I.D. No. 44233 Clayton W. Davidson, I.D. No. 79139 100 Pine Street - P.O. Box 1166 Harrisburg, PA 17108-1166 Direct Fax: 717-260-1678 Phone: 717-232-8000 cdavidson(&mwn.com Attorneys for Plaintiff, Integrity Bank C?- ? ?y 31 ? ??- a t?3ga5 CERTIFICATE OF SERVICE The undersigned hereby certifies on this day that a true and correct copy of the attached Praecipe to Vacate Confessed Judgment Without Prejudice and Discontinue the Action Without Prejudice was served by first-class United States mail, postage prepaid, addressed as follows: David J. Lanza 2132 Market Street Camp Hill, PA 17011 Date: August 24, 2011 --- Clayton W. vidson