HomeMy WebLinkAbout11-7265IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA
C.A. CURTZE CO., INC., a
Pennsylvania Corporation and
SPECIALTY STEAK SERVICE,
a wholly owned division of C.A. CURTZE
CO., INC.,
CIVIL DIVISION - GENERAL DOCKET
NO.://_, 7 a 65- ?,'u, t 7-- ,(Ym
Plaintiffs,
vs.
CONFIT ON MARKET, LLC, a
Pennsylvania Limited Liability Company,
t/d/b/a CONFIT, a Pennsylvania
Registered Fictitious Name and t/d/b/a
CONFIT FRENCH BISTRO, an
Unregistered Fictitious Name AND
MATTHEW GAMBER, a.k.a. MATTHEW
S. GAMBER, a.k.a. MATT GAMBER
individually and as PERSONAL
GUARANTOR,
Defendants.
CONFESSION OF JUDGMENT
C¢t 3338
Rip h-CLO $a,? ed
Pursuant to the Warrant of Attorney contained in the aforementioned
Credit Application/Personal Guarantee, a true, complete and correct copy of which is .
attached to the Complaint in Confession of Judgment filed in this action, I appear for the
Defendants, CONFIT ON MARKET, LLC, a Pennsylvania Limited Liability Company,
t/d/b/a CONFIT, a Pennsylvania Registered Fictitious Name and t/d/b/a CONFIT
FRENCH BISTRO, an Unregistered Fictitious Name AND MATTHEW GAMBER, a.k.a.
MATTHEW S. GAMBER, a.k.a. MATT GAMBER individually and as PERSONAL
GUARANTOR, and confess judgment in favor of the Plaintiffs and against Defendants
jointly and/or severally as follows:
Principal (C.A. Curtze Co.): $19,699.42
Principal (Specialty Steak): $ 6,968.59
Finance Charges/interest (for both): $ 865.29
(One and One-Half Per Month
Through September 7, 2011)
Subtotal: $27,533.30
NSF check no. 6169 (5/16/11) $ 2,058.22
NSF Fee: $ 50.00
NSF check no. 6170 (5/18/11) $ 1,207.85
NSF Fee: $ 50.00
Subtotal: $30,899.37
Plus Attorney Fees and Costs: 8,624.84
Subtotal: $39,524.21
Plus Cumberland County Record Cost: $ 27.50
TOTAL AMOUNT DUE: $39,551.71
with accruing finance service charges at the Contract rate of one and one-half
percent/per month post judgment interest on the principal sum of Thirty nine Thousand
Five Hundred Fifty One dollars and Seventy one cents ($39,551.71), and record costs
at the contract rate and brings said instrument to Court to recover the said sum.
Respectfully submitted,
LAW OFFICES OF LINDA DENERO KRAHE
Dated: BY./ ' Y LL
LI A DENERO KRAHE, ESfQUIRE
Counsel for Defendants,
CONFIT ON MARKET, LLC, a
Pennsylvania Limited Liability Company,
t/d/b/a CONFIT, a Pennsylvania
Registered Fictitious Name and t/d/b/a
CONFIT FRENCH BISTRO, an
Unregistered Fictitious Name AND
MATTHEW GAMBER, a.k.a. MATTHEW
S. GAMBER, a.k.a. MATT GAMBER
individually and as PERSONAL
GUARANTOR.
186 Castle Shannon Boulevard
Pittsburgh, PA 15228
(412) 563-6660
PAID No.: 49502
F0
V ,
IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA
C.A. CURTZE CO., INC., a CIVIL DIVISION - GENERAL
Pennsylvania Corporation and DOCKET
SPECIALTY STEAK SERVICE, NO.:
a wholly owned division of C.A. CURTZE
CO., INC., CODE:
Plaintiffs, TYPE OF PLEADING:
COMPLAINT IN CONFESSION
vs. OF JUDGMENT
CONFIT ON MARKET, LLC, a Pennsylvania
Limited Liability Company, t/d/b/a CONFIT, a
Pennsylvania Registered Fictitious Name and
t/d/b/a CONFIT FRENCH BISTRO, an
Unregistered Fictitious Name AND MATTHEW
GAMBER, a.k.a. MATTHEW S. GAMBER, a.k.a.
MATT GAMBER, individually and as
PERSONAL GUARANTOR,
Defendants.
I certify that:
T A E F PLAINTIFFS IS:
1717 East 1 Street,
Erie, Erie County, Pennsylvania 16512
THE ADDRESS OF Defendant CONFIT ON
MARKET. I.I.C. a Pennsylvania Limited
Liability Commnv, t/c?b/a CONFIT. a
Pennsylvania Registered Fictitious Name
and W-Wa CONFIT FRENCH BISTRO, an
Unregistered Fictitious Name is:
2138 Market Street, Camp Hill, Cumberland
County, Pennsylvaina 17011
And
304 A N. St. Johns Road, Camp Hill, Cumberland
County, Pennsylvania 17011-6820
Filed on Behalf of Plaintiffs:
C.A. CURTZE CO., INC., and
SPECIALTY STEAK SERVICE
COUNSEL OF RECORD FOR
THIS PARTY:
LINDA DENERO KRAHE, ESQ.
186 Castle Shannon Boulevard
Pittsburgh, PA 15228
412-563-6660
PA ID # 49502
AND
THE HOME AND BIJSINESS ADDRESS OF
DEFENDANT. MATTHEW GAMBER.
individually and as PERSONAL. GUARANTOR is:
304 A N. St. Johns Road, Camp Hill, Cumberland
County, Pennsylvania 17011-6820
LINDA DENERO KRAHE, ESQUIRE
IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA
C.A. CURTZE CO., INC., a CIVIL DIVISION - GENERAL DOCKET
Pennsylvania Corporation and
SPECIALTY STEAK SERVICE, NO.: `
a wholly owned division of C.A. e ??
CURTZE CO., INC.,
Plaintiffs,
vs.
CONFIT ON MARKET, LLC, a
Pennsylvania Limited Liability Company,
t/d/b/a CONFIT, a Pennsylvania
Registered Fictitious Name and t/d/b/a
CONFIT FRENCH BISTRO, an
Unregistered Fictitious Name AND
MATTHEW GAMBER, a.k.a. MATTHEW
S. GAMBER, a.k.a. MATT GAMBER
individually and as PERSONAL
GUARANTOR,
Defendants.
COMPLAINT IN CONFESSION OF JUDGMENT
AND NOW, come the Plaintiffs, C.A. CURTZE CO., INC., a Pennsylvania
corporation and SPECIALTY STEAK SERVICE, a wholly owned division of C.A.
CURTZE CO., INC., by and through their attorney, LINDA DENERO KRAHE, ESQUIRE
and file this COMPLAINT IN CONFESSION OF JUDGMENT pursuant to Pa. R.C.P.
2951(b) and in support thereof aver as follows:
1. Plaintiff, C.A. CURTZE CO., INC. is a Pennsylvania corporation with its
principal place of business located at 1717 East 12"' Street, Erie, Erie County,
Pennsylvania 16512 and who regularly conducts business in Erie County,
Pennsylvania and Cumberland County, Pennsylvania.
2. Plaintiff, SPECIALTY STEAK SERVICE is a wholly-owned division of
Plaintiff, C.A. CURTZE CO., INC. and whose principal place of business is
located at 1717 East 12th Street, Erie, Erie County, Pennsylvania 16512 and
which regularly conducts business in Erie County, Pennsylvania and Cumberland
County, Pennsylvania
3. Plaintiffs are purveyors of food and restaurant supplies.
4. Defendant, CONFIT ON MARKET, LLC, is a Pennsylvania Limited Liability
Company, t/d/b/a CONFIT, a Pennsylvania Registered Fictitious Name and
t/d/b/a CONFIT FRENCH BISTRO, an Unregistered Fictitious Name, has had a
business address of 2138 Market Street, Camp Hill, Cumberland County,
Pennsylvania 17011 and a corporate address of 304 A N. St. Johns Road, Camp
Hill, Cumberland County, Pennsylvania 17011-6820.
5. Individual Defendant, MATTHEW GAMBER, a.k.a. MATTHEW S.
GAMBER, a.k.a. MATT GAMBER, ("MATT GAMBER") is an adult individual,
officer, owner and Director of the Corporate Defendant and accepts mail for
himself and on behalf of the Corporate Defendant at 304 A N. St. Johns Road,
Camp Hill, Cumberland County, Pennsylvania 17011-6820. He regularly
conducts and/or conducted business at CONFIT FRENCH BISTRO, where its
principal place of business is/was located at 2138 Market Street, Camp Hill,
Cumberland County, Pennsylvania 17011.
6. The aforesaid Credit Agreement/Personal Guarantee has not been
released, transferred or assigned.
7. On or about June 21, 2007, the individual Defendant, MATT GAMBER,
executed a Credit Application, Credit Agreement and Personal Guarantee, which
Credit Agreement/Personal Guarantee authorized the Confession of Judgment
against all Defendants. A true and correct copy of said Credit
Application/Personal Guarantee is attached hereto, made part of hereof and
marked as Exhibit "A".
8. Judgment has not been entered against any of the Defendants on the
aforesaid Credit Agreement/Personal Guarantee in any jurisdiction.
9. Defendants are in default under the terms of the within Credit
Agreement/Personal Guarantee, in that they ordered from and received from
Plaintiffs, food and restaurant supplies, for which they have not paid Plaintiffs
pursuant to the terms of the Credit Agreement/Personal Guarantee. Copies of
Plaintiffs' Invoices are attached hereto, made a part hereof and marked
collectively as Exhibit "B".
10. In addition to the default by Defendants set forth in the preceding
paragraph, an owner and chef of the Corporate Defendant, MATTHEW A.
BLACK with authority from all Defendants, issued to Plaintiffs for himself and for
the benefit of all Defendants, two checks, for goods received, knowing that no
funds existed to cover the checks. The checks were returned to Plaintiffs for Non-
Sufficient Funds. The checks are as follows:
Date Check Number Amount
May 16, 2011 6169 $2,058.22
May 18, 2011 6170 $1,207.85
11. Pursuant to the Credit Application/Personal Guarantee, Plaintiff is entitled
to collect the sum of twenty five dollars ($25.00), each time a check is processed
for payment and each time returned for Non-Sufficient Funds. Each of the two
checks set forth as aforesaid were processed twice through the Plaintiffs
banking systems, thereby entitling Plaintiffs to collect an additional sum of
$100.00 from Defendants.
12. Plaintiffs' final Demand Letter was sent to MATT GAMBER and CONFIT
FRENCH BISTRO at 2138 Market Street, Camp Hill, PA 17011, via certified mail,
on July 8, 2011. A true and correct copy of same as well as the U.S. Postal
Service Return Green Card signed by the individual Defendant, MATT GAMBER,
on July 25, 2011, thereby is evidence of delivery and receipt by the Defendants
and are attached hereto, made a part hereof and collectively marked as Exhibit
«C„
13. At no time did Defendants refuse or find fault in any of the food and
restaurant supplies ordered by Defendants and accepted by Defendants, upon
delivery.
14. The aforesaid Credit Agreement/Personal Guarantee authorizes the entry
of judgment only after a default of the payment terms, said default having
occurred as set forth more specifically in paragraphs 9 and 10 hereinabove.
15. The itemization of the amount due, including finance charges/ service
charges and attorney fees and costs of suit, as authorized by the Credit
Agreement/Personal Guarantee, is as follows:
Principal (C.A. Curtze Co.): $19,699.42
Principal (Specialty Steak): $ 6,968.59
Finance Charges/Interest (for both): $ 865.29
(One and One-Half Per Month
Through September 7, 2011)
Subtotal: $27,533.30
NSF check no. 6169 (5/16/11) $ 2,058.22
NSF Fee: $ 50.00
NSF check no. 6170 (5/18/11) $ 1,207.85
NSF Fee: $ 50.00
Subtotal: $30,899.37
Plus Attorney Fees and Costs: $ 8,624.84
Subtotal: $39,524.21
Plus Cumberland County Record Cost: $ 27.50
TOTAL AMOUNT DUE: $39,551.71
(plus pre judgment finance/service charges at 1.5°x6 per month,
post judgment interest at 6% per annum and costs of suit)
16. The judgment is not being entered by confession against any
natural person in connection with a consumer credit transaction.
WHEREFORE, the Plaintiffs, C.A. CURTZE CO., INC., a Pennsylvania
corporation and SPECIALTY STEAK SERVICE, a wholly owned division of C.A.
CURTZE CO., INC., as authorized by the Warrant of Attorney contained in the aforesaid
Credit Agreement/Personal Guarantee, demand judgment in their favor and against
Defendants, CONFIT ON MARKET, LLC, a Pennsylvania Limited Liability Company,
t/d/b/a CONFIT, a Pennsylvania Registered Fictitious Name and t/d/b/a CONFIT
FRENCH BISTRO, an Unregistered Fictitious Name AND MATTHEW GAMBER, a.k.a.
MATTHEW S. GAMBER, a.k.a. MATT GAMBER individually and as PERSONAL
GUARANTOR, in the total sum of Thirty nine Thousand Five Hundred Fifty One dollars
and Seventy one cents ($39,551.71), plus accruing service finance charges, pre and
post judgment interest and record costs and bring said instrument to Court to recover
the said sum.
Respectfully submitted,
LAW OFFICES OF LINDA DENERO KRAHE
Dated: C7 BY:
LINDA DENERO KRAHE, ESQUIRE
Counsel for Plaintiffs,
C.A. CURTZE CO., INC., a Pennsylvania
corporation and SPECIALTY STEAK
SERVICE, a division of C.A. CURTZE CO.,
INC.
186 Castle Shannon Boulevard
Pittsburgh, PA 15228
(412) 563-6660
PAID No.: 49502
CERTIFICATE OF COMMERCIAL TRANSACTION
Gloria Alex, Credit Manager for Plaintiffs, C.A. CURTZE CO., INC., a
Pennsylvania corporation and SPECIALTY STEAK SERVICE, a division of C.A.
CURTZE CO., INC., deposes and says subject to the penalties of 18 Pa. C.S.A. Section
4904 relating to unswom falsification to authorities that the underlying transaction
relative to this Complaint in Confession of Judgment was a commercial transaction to
his information and belief.
Date: I -I T-' By:
G RIA ALEX, Credit
ager for C.A. Curtze Co., Inc.
and Specialty Steak Service
AFFIDAVIT
COMMONWEALTH OF PENNSYLVANIA COUNTY OF ALLEGHENY PERSONALLY
BEFORE ME, the undersigned authority, appeared LINDA DENERO KRAHE,
ESQUIRE who being duly sworn according to law, deposes and says that the attached
instrument with the warrant of attorney is a true and correct copy of the original with
warrant of attorney, and that the averments contained in the foregoing Complaint are
true and correct upon affiant's personal knowledge as to a part and upon information
and belief as to the remainder; and certifies that the addresses set forth in paragraphs 1
and 2 are the respective precise addresses of Plaintiffs; paragraphs 4 and 5 are the
precise addresses of the Defendants.
DATE LINDA DENERO KRAHE, ESQ
Counsel for Plaintiffs,
C.A. CURTZE CO., INC., a
Pennsylvania corporation and
SPECIALTY STEAK SERVICE, a
division of C.A. CURTZE CO., INC.
186 Castle Shannon Boulevard
Pittsburgh, PA 15228
(412) 563-6660
PAID No.: 49502
SUBSCRIBED AND SWORN
TO before me, this 16
1 day of 2011
Nota Public COMMONWEALTH OF PENNSYLVANIA
Notarial Seal
Elizabeth McCracken, Notary Pubic
City of PMisburgh, Allegheny Countir
My Commission Expires Oct. 21, 2013
Member, PennsVivania Assodat on of Notaries
EXHIBIT "A"
CA CLIRME CO / SPEC14LTY STEAK SERVICE
1717 EAST 12TH ST., ERIE, PA. 16511 814-452-2281
CREDIT APPLICATION
BUSINESS INFORMATION:
Legal Name of Business Entity ("F
Trade Name (Doing Business as)
Federal Employer ID No. ?Z0
BILL TO
Name
Address
City, State
Tel. No.: Fax No.:
E-mail Address:
SHIP TO
Name:
Address:
ZIP: City, State__
Tel. No.:
E-mail Address.
Fax No.:
ZIP:
Length of time doing business under above name and address:
other names and addresses under which you have operated within the last 5 (five) years List of
OWNERSHIP: (d One) Individual/Sole Proprietorship Partnership Corporation LLC
If Corporation or LLC , give date of Articles and state: Date --PA
U 7 State:
If Partnership, is Certification filed? Yes-NO_ Date
City, State
Total Purchases are approximately $ 3, E Ov (d One) !, ' eekly monthly
Complete the following information for (Corporate Officers, Principal Stockholder(s), Partners, or Individual Owner(s):
Name & Title: 4P L ijy Name & Title:
Home Address ? -? 5 ,,I, Home Address:
City, State, Zip: l City, State, Zip:
How long associated w/ business:
How long associated w/ business:
Tel. No.2 7-3i f 7.,X e SS#: Tel. No.
SS#:
Have you or any other principal pa cipated in either a corporate or personal bankruptcy within the
last five years? yes. no. If so, under what name?
Have you or any of the other rincipals been a customer of C. A. Curtze Co under a different name or
address? yes. ?7 no
If so, please complete the following:
Dates: FROM Mo. Yr. TO Mo. Yr.
Name: --
Address: City State
BUSINESS REAL ESTATE:
Business Real Estate is (check one): Owned Mortgaged used
Premises is mortgaged/leased from: Name: -- F
Address: 6 S- 7d it
Contact: G Tel No. x 3-
r
TERMS OF SALE ON CREDIT/CREDIT AGREEMENT/PERSONAL GUARANTEE
(PLEASE READ THIS SECTION BEFORE SIGNING)
1. The Undersigned hereby represents that he is duly authorized to sign this Application/Credit Agreement on behalf
of the above named Purchaser and the terms of this Application/Credit Agreement will be binding upon such entity.
2. The Undersigned attest the above statements are true, and authorize the investigation of all information listed in
this Application/Credit Agreement.
3. The Purchaser agrees to notify C. A. Curtze Co. / Specialty Steak Service ("Curtze") by certified mail of any
change in ownership of Purchaser.
4. All amounts due Curtze are payable in accordance with the payment terms granted by Curtze's Credit Department.
Any amount due Curtze not paid in accordance with such payment terms will be assessed a finance charge of one and
one-half percent(1.5%) per month. Purchaser shall pay for all attorneys fees, collection costs, and court costs incurred by
Seller in the event the account is turned over to an attorney or other agency for collection, suit is brought or the account is
collected through any judicial proceeding whatsoever.
5. Purchaser shall pay on each occurrence of checks returned unpaid by Purchaser's bank, a service charge of
twenty-five dollars ($25.00).
6. In the event the Purchaser violates the terms of this Agreement the Undersigned authorizes any Prothonotary, or
any attorney of any court of record in this State or elsewhere, to confess judgment or judgments against the Undersigned
and Purchaser and in favor of the holder hereof for the balance due, together with the costs of suit and reasonable
attorney's fees, with or without declaration, release of errors and without stay of execution; and for value received does
waive the right and benefit of any present or future law of this or any other state exempting property, real or personal, from
levy and sale on execution; and, if levy be made on real estate, does also waive the right of inquisition and consents to the
condemnation thereof with full liberty to sell the same on Writ of Execution, with release of errors thereon.
7. Credit terms are subject to change at Seller's discretion at any time.
8. As a condition of C.A. Curtze Co. a/d/b/a Specialty Steak Service extending credit to Purchaser, the Undersigned
hereby personally guarantees payment in full to C. A. Curtze Co. a/d/b/a Specialty Steak Service including delinquency
charges, collection costs and attorneys fees, and waive any presentment, demand, protest, and any other notice from
C. A. Curtze Co. a/d/b/a Specialty Steak Service regarding this guarantee of payment. It is further agreed the use of titles
with respect to the individual signatures below shall have no legal significance and in no way be construed to relieve the
undersigned from personal obligations under this paragraph.
9. As consideration for Curtze extending credit to Purchaser, and in accordance with the Pennsylvania Uniform
Written Obligations Act, the Undersigned and the Purchaser agree to be legally bound by the terms and conditions in this
Application/Credit Agreement including the personal guarantee provisions contained herein.
The Undersigned hereby certifies that all the information on this Credit Application is correct, and that I/we fully
understand credit terms and conditions set forth above, and agree to the terms and conditions as consideration for credit
extended by Curtze.
Account &??, J C
Name: pn I?
(Type or Print Name of "Purchaser")
i r r
Signature:
(INDIVIDUALLY)
Print Name: l? I'? 5"`
Signature: Date:
(INDIVIDUALLY)
Print Name:
EXHIBIT "B"
F%sWEI Li GREGG CUSTOVMER: '-ALES HISTORY 9107x'11 *dsaiehst(,"i) CURT E 3-'3 Pp
=-'7229 Cflh4, ?T FRENCH BISTRO 2138 f=2 E' STREET PUTENTIA aft;!) CST !i{ .00 .t'1 L $
,IgTT ?i AC44 'AMP Wt -L PA TOT SLS LISY R 20-130 2WKS AGO .44? .00 H28
ti A+ 17044- t?1 T T L vLCI ? NCii'! I 1 AVG 5 13.94 .00
1000 3? AR 26668 1 .. BASED ON' LAST , "'CE' S TYPE 0 W#1 T i 11T .00 .0{
= MT DA r' FSF -' ; ;w F.0 $E4} F =.F DEI? r^' 4 :? IF -E yPcL DEMO CURRENT AVirP_.RD S17 1:
{ti BUj i NEiI'S 04' v; s?t, 5 0(? of,, C,5 ? y; .00
,F BUS{^,ESS 31 1c ;l4 its ? :/i?(} '?I;F NO Ji.
_ r t'Rt' T7 10 i t`
.., _ -, {T , `? t itSllC!',ti ?? TEND J 3 4
PPr? Tr lr ;,;
..
_ S _ 14 Y y y y 0-1200 C=22 :00 X ,x'
YTi7 LYTD+Tp{ ;' 1 `: MIT0 M2 L td; M3 LM3 f LYNM LYNM2
,? ?
_ 8550-6 12." 101960 10, 5,1 . . ': $1 1 1= :.. 0 13169 3? ?' 61 . 2908 9.1 123$i 11.3;1
:??9 43$1
14" 1
3872i 14.0 46601 8='71 = 4635 8= _ .. 0 5230 S.2; 2175 10.1 428:t 9.61 6610 6350
124'2312.8 148561
y., .? 1 50$3 9.5 1667x' 10.' : 21::77 20731
..#{,.,tfl"§T$`r?;k??«?f e :%????K??w R" .?..?., h.'s; 'k $`TtiF N','¢xi .. :?.:.w ;;pB-,'.???:=:,:-#.'m?$k?,.,m?;r# !!n;?r•,?;t+r:d.?v'??*=:ygr,*?kis:p?:^at'¢'?'s?dk?7t ?:r=#i}:f,'.a.:: At
?t?;?•;; fw. ;k ::2: 1k ?. rk %i:tt':;; ?::;.
PERCENTAGE
- 31 ?1-7 _ OVER w,. BA_41'CE LST ORD/L ? PAYME! J LS :6L FWD FLUS
MAT s ?EW S. GAt9BER :UPT?E ; =. 242
'c
• 536.{ 3
x
1662 y. 31 19699=42 07fit/1011
1"699.4
(711}307-8020 3:S 2, 90, 69.,',,. 796.30 61)(.';C,' 0, 6968.59 08/01/2011 6968.59
10001" iCOMBINED "c4.1 '>> 318.22 7 3332.33 22613=31 16668,01 i165.229SC 5668.01
°7WE_L., Gr'EGB 0/?77/"'47111 pry-acpgme--.u A CE D C H ARSE p A Y MEN 7 S !y M M A R Y PAti£ 2
INVOICE INI)OXCE CURRENT 31-60 61- 0 OVE `-910 rYMNTS
NUMBER DA E !NVOICE INVOICE IP14ri'ICF INvCICE CREDITS C33 REF. PATE C?[*? BALANCE
2 9 COr,.;"IT FRENCH BIST;;O 445925 412"21?" 1397=44? 677.69 P 6131 5/27/11 719.71
717-307-8020 719.71 P 6170 6/06/11
MA I HEW S. 6AMBER 23.57 P`f 6/?3 /11 -23.57
-'25, 00 RV 6170 6/13111
1,43
-25.00 R`/ 6170 6/13/11 X6.43
-1207, 85 RV 6170 6/15/11 1234, :'" 1234.28
447174 5102 z 111 1 3" _ 7 3'2,8.37 P Y 6170 6/06111 2145.70
911.42 FY 6169 6/06111 1234.28
58 .22
-205
R`/
61169
6-0/11
2058.',="2
3292.50
451094 51 17"3,2 361,96 PY 8/01/11 1423.`4 4720,74
452487 5/'. 1210.; 5 5931.39
153448 51 42.:. 5971-16
456270 5/ 1,1)1. 8.a = 4347 834.:10 6803.16
457666 5/ 1 16341= 11)1 1684, 4:31 8492.17
Y 459734 51 ' 18.11 a- `?= i': ?
G
529.:35
90211.'2'2
461500 5/ 11 i05 -k • 30 : 053.,-')'z, 1110 74. 61
462877 5123!11 7913.43 793.3 10868.041
465303 5/ 275;' 11 gq6. 90 896.W 1176?. 94
466813 5/'27'.' 11 979.474 979.04 12743.98
468247 5/ 3, 1 ,'A' 1 3- 213 63= 12807.18
4697255 6/0`/1 .96 .`16 12808.14
4698226 6/':11/11 706. ?9 205.26 i? 123390 6/13111 501.f;3 13309.17
471564 6/ 0,31f I 1 2039.73 238.08 Cii 122864 6/07/11 1801. `-5 15110.82
473006 6/ 47x/11 407•55 40.67 D' 123004 6106/11 366. `t8 15477.70
474920 6/03f 11 1145= :1 1.145.1 166'23.31
476898 6/ 110/11 615.80 615. 17239.11
478490 6/1x.°11 1345.411 1345.:'31 18584.1'?
479343 6/ 14.'11 246.26 246.'?G 18830.40
483882 611.x:+/11 551,''2 551.72 F".' 61:'1 /11 18830.40
.62 PY 6/?1/11 1ee29.7e
485160 1 98. R5 99.41 PY 6/:'2/11 18829.22
487690 6! 2_x;1 411. 79.89 Cpl 12471.0 6/27 /11 8. . 18837.41
487978 6,' "rt ..
y 6
d 760.55 PY 6/27/11 18849.1'2
18.89 CS; 124935 6128/11 7.18- 18830.23
489385 6/2' `111 8x,13 6"03.00 PY 6/''28/11 139. j3 18969.36
493222 7/x11 1311.97 1219.70 PY 799169 7/05/11 92.:`7 19061.63
4940755 7101011 128.86 12^8, 1,"46 19190.49
495593 7/06/11 963.72 654.50 P`l 7107/11 19499.71
340.37 CR 125908 7/07/11 31.15- 19159.34
`. 5152135 8/01/11 248.96 248.`;6 19408.30
5392415 9/01/11 291.12 291.12 19699.42
CURTLE
L CUSTOMER TOTALS * 291.12 2536.0-3
n Aft f.!
? / / °?? "111 19699.42
=.229 CON' IT FRENCH BISTRO
$$$ 717-307-8020
MA" HEW S. CAMBER
766730 5/ 0:? l l
767932 5/ +:'6!11
768878 510-i:; l 1
769292 5/ 10!'l 1
771648 51IZ!11
77:739 51
774101 5110 1
77
-5992
5f
776455 5.12-111
778246 5/2- l..
'79550 5r? %A
781540
783037 6/ '? .
506.09 X6.98 PY 6169 6/13/11
-5,00 Rot 6169 6!16/11
403.35
196.69
5.,26
832.39
372.11
678.80
2013. 48
g9t?, 46,
5557.:8
758.9'?
'x:7.13 r`; 19614 6/13/11
504.11
408.:415
196. =9
52. '26
832.,49
374.:'
b78.?0
208. 'I
118.:10
898.
215. '.
350.
758.,
479.11
504.'11
912.45
1109.15
116!.41
1993.80
2368.01
3046.81
3255.29
3373.99
4272.4
4487.51
4837.96
5596.88
POWELL, C E6C 0?/07/21:11 prg-acpamaiu
A 6 E 13 C H
A R G E F A ='
m E N T
S t, *l M A F. y
* Y
PAGE w
INVOICE INVOICE uRRENT 1-60 41-90 oVER-90 MNTS
PY
NUMBER ? C I1i#VBICE INVOICE INVOICE INVOICE CREDITS l.0, REF. BATE OF'. d BALANCE
V' 13?
78 l39. S 5736.66
u .1
coiv, - i T FRENCH BISTRO' 784156 6. m
263
'x4
6000.00
• / ; 7 rt 1
$51 w!-,-307-8020 785380 6 F x. i
.
09
594
6594.08
MA' R 787119 6f 1. l1
HE1 S. CAMBE 5-4.08 .
164
`0 6758.63
787936 6/ _u, i .
52
2'6
6810.89
788944 6/ . - .11
'
°
" J-1.26
51=x
53 3:34.22 PY 6/16/11 . 6991,20
1w.
769543 6.
1. . 182.29 C+ 19689 6/16/11 !..`iS- 6808.91
292 6/17`::
791 381.01 184.81 Fat' 6/24/11 7409.14
.
. 221.94 D, 19750
L 6121 /11 21.:?"_- 6787.20
23.10 6810.30
-
r-
7993915 /. 3, =
7 ?r 49 F`;`
604 7/11/11 6947.80
,
0102995 .
151.50 C`. 20132 7/14/11 14, 6796.30
69. 41 6865.61
5150995 8/ << ,, :;A 102,`.8 6969.59
8333365 9/
^ 98
.37
696
z CUSTOMER vq:
TOTALS X02.98 .
6'x,31 }
4.:.:xY;?.IFPLH?:'r?
.'•??*?`???a
.K'fkKw ????a???'T`?.4,.4•tF?'Y.k
31'th'e`Y:1'b`tp?:°
4 -
.
;.
£ 6668, w
i
(y
?'
COMBINED CUSTOMER T€lT4- pp
394., ic,
'+d ?ta ? J
-
•
•
, t
...
E iT INIT
,
- ' z ;
#kr
S t :?i
4?
q P,
jv Fj. n: . u `b• lL. : S' •, ...
a. a }4 r • ?'. w tl',
o t. A
..
k h. ?:.,, ? K- ;, s, w .. ,.; ? ?.::i .. k i .•..r r rt ...: _ .?: r. ?' h, 7}: R,: a. : ti ,< :
1: ?
TiE AND TOTAL &ie MSr: .i.y ?s 4S
387.21
' T 9fi4'r 418.42
GT-euRR_,
6T-31-60 387.2
G
28564, 01•,
=rn g31ex
?'?St: curiae
curtzE,
SPECI ALTY GRAND IV! AL
GT-31-60
GT-61-94
.3T-OVER W 657'
COMBINED rzRAND TOTAL
J'ya. 67
465.23
3 n r,. t
-,.Q1
35 -,:, 02
7 .
31598.181
3612'9.10
EXHIBIT "C"
?p+?'t c,AC?arsECa,
1717 EAST 12"' `,T. ERIE PA 10511 ? P.O. BOX 797 - 800 352.09410 • 814 452.2281 • WWW.CIIRTZE.COM
CERTIFIED MAIL RETURN RECEIPT REQUESTED
70051820000521774111
July 8, 2011
Matt Gamber
Confit French Bistro
2138 Market Street
Camp Hill, PA 17011
RE: Past due balance of $26,331.60 on account #19229 for Confit French Bistro plus accruing service
charges.
Dear Matt Gamber:
I am the Senior Credit & Collections Manager for the C.A. Curtze Company, Inc. and Specialty Steak, a
wholly owned subsidiary of the C. A. Curtze Company, Inc.
Our office has repeatedly requested payment of the sum outstanding of $26,331.60, which is gravely
overdue. Our requests have been ignored.
Unless payment in full, with good funds, is received within 10 days of the date of this demand letter, we
intend to refer the matter to our attorney and pursue all legal remedies available to us under
Pennsylvania law civilly for purposes of collection of this balance. It is important to remember that you
personally executed our company(ies)' Personal Guarantee, which you guaranteed for yourself and for
your business.
Sincerely,
C.A. C?urtze Co
Matt Er er
Senior Cr it & Collections Manager
Postal
w
CERTIFIED MAIL,, RECEI
PT
CO
(Domestic
NO lii
lurance Cove
rage
Provided)
r-q
-?
Postage $
U1
C3
_
m `
Certified F
p
C3 ee
Return Receipt Fee
(Endorsement Required)
p
Restricted Delivery Fee ?
u
nJ (Endorsement Required)
r _
r--1 Total Postage & Fees $
C3 W go
- --°
or PO Box 1Vo.
City, St?TJfa+4 -
i
¦ Complete items 1, 2, and 3. Alpo complete
item 4 if Restricted delivery is desired.
¦ Print your name and address on the reverse
that we can return the card to you.
¦ Attach this cad to the back of the mailpiece,
or on the front if space permits.
1. Article Addressed to:
AJ4/ T(??lr^8?i?
A l r?C? ? 1
A.
X
0 Agent
_ -6 Address-
B.' Rece' ed by (Printed ame
C. Date of Delivery
D. Is delivery address different from item 1? 0 Yes
If YES, enter delivery address below: 0 No
J, oervice type
Certified Mail
0 Registered
0 Insured Mail
4. Restr rltci as pe iI v
0 Express Mail
0 Return Receipt for Merchandise
0 C.O.D.
e-r: J?Alfdree)
7005 1820 0005 2177 4111
0 Yes
z. Article Number
(Transfer from service lab
V I VI [If oo t t, t-ebruary 2004
Domestic Return Receipt
t ?r IJ
IN THE COURT OF COMMON PLEAS, CUMBERLAND C6PENNSYLVANIA
C.A. CURTZE CO., INC., a
Pennsylvania Corporation and
SPECIALTY STEAK SERVICE,
a division of C.A. CURTZE
CO., INC.,
CIVIL DIVISION - GENERAL
DOCKET
NO.: /I- 7,;? I -Ie--rh-7
CODE:
Plaintiffs, TYPE OF PLEADING:
NOTICE UNDER RULE 2958.1
OF JUDGMENT AND
vs. EXECUTION THEREON
CONFIT ON MARKET, LLC, a Pennsylvania
Limited Liability Company, t/d/b/a CONFIT, a
Pennsylvania Registered Fictitious Name and
Ud/b/a CONFIT FRENCH BISTRO, an
Unregistered Fictitious Name AND MATTHEW
GAMBER, a.k.a. MATTHEW S. GAMBER, a.k.a.
MATT GAMBER, individually and as
PERSONAL GUARANTOR,
Defendants.
Filed on Behalf of Plaintiffs:
C.A. CURTZE CO., INC., and
SPECIALTY STEAK SERVICE
COUNSEL OF RECORD FOR
THIS PARTY:
LINDA DENERO KRAHE, ESQ.
186 Castle Shannon Boulevard
Pittsburgh, PA 15228
412-563-6660
PA ID # 49502
IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA
C.A. CURTZE CO., INC., a CIVIL DIVISION - GENERAL DOCKET
Pennsylvania Corporation and
SPECIALTY STEAK SERVICE, NO.:
a wholly owned division of C.A. CURTZE
CO., INC.,
Plaintiffs,
vs.
CONFIT ON MARKET, LLC, a
Pennsylvania Limited Liability Company,
t/d/b/a CONFIT, a Pennsylvania
Registered Fictitious Name and t/d/b/a
CONFIT FRENCH BISTRO, an
Unregistered Fictitious Name AND
MATTHEW GAMBER, a.k.a. MATTHEW
S. GAMBER, a.k.a. MATT GAMBER
individually and as PERSONAL
GUARANTOR
Defendants.
NOTICE UNDER RULE 2958.1 OF JUDGMENT AND EXECUTION THEREON
NOTICE OF DEFENDANTS' RIGHTS
TO: CONFIT ON MARKET, LLC, a Pennsylvania Limited Liability Company, t/d/b/a
CONFIT, a Pennsylvania Registered Fictitious Name and Ud/b/a CONFIT FRENCH
BISTRO, an Unregistered Fictitious Name AND MATTHEW GAMBER, a.k.a.
MATTHEW S. GAMBER, a.k.a. MATT GAMBER, individually and as PERSONAL
GUARANTOR.
A judgment in the amount of Thirty nine Thousand Five Hundred Fifty One
dollars and Seventy one cents ($39,551.71), plus accruing servicefnance charges at
the Contract rate of 1.5% per month, post judgment interest and costs of suit has been
entered against you and in favor of the Plaintiffs without any prior notice or hearing
based on a CONFESSION OF JUDGMENT contained in a written agreement or other
paper allegedly signed by you. The Sheriff may take your money or other property to
pay the judgment at any time after thirty (30) days after the date on which this notice is
served on you.
You may have legal rights to defeat the judgment or to prevent your
money or property from being taken. YOU MUST FILE A PETITION SEEKING RELIEF
FROM THE JUDGMENT AND PRESENT IT TO A JUDGE WITHIN THIRTY (30) DAYS
AFTER THE DATE ON WHICH THIS NOTICE IS SERVED ON YOU OR YOU MAY
LOSE YOUR RIGHTS.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF
YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR
TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE
YOU WITH INFORMATION ABOUT HIRING A LAWYER.
IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY
BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY
OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO
FEE.
CUMBERLAND COUNTY BAR ASSOCIATION
2 LIBERTY AVENUE
CARLISLE, PENNSYLVANIA 17013
717-249-3166 / 800-990-9108
Dated:
Respectfully submitted,
LAW OFFICES OF LINDA DE NERO KRAHE
BY:
LINDA DENERO KRAHE, ESQUIRE
Counsel for Plaintiffs,
C.A. CURTZE CO., INC., a Pennsylvania
corporation and SPECIALTY STEAK
SERVICE, a division of C.A. CURTZE CO.,
INC.
186 Castle Shannon Boulevard
Pittsburgh, PA 15228
(412) 563-6660
PAID No.: 49502
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
NOTICE OF ORDER, DECREE OR JUDGMENT Ru1e236
Plaintiff(s) Case Number
:-.A. Curt ze Co., Inc., a / J -7 ?•. 6 5-
Penn,sv:i -vania Corporation and 1
?pec:7 '-.y Steak Service, a wholly
owned division of C.A. Curtze Co.
Vs
Defendant(s) CONFIT ON MARKET, LLC, a Pennsylvania Limited Liability
Company, t/d/b/a CONFIT, a Pennsylvania Registered Fictitious Name
and t/ci/b/a C'ONFIT FRENCH BISTRO, an Unregistered Fictitious Name
AND MATTHEW CAMBER, a.k.a. MA'T'THEW S. !1AMBER, a.k.a. MATT GAMBER
individually and as PERSONAL GUARANTOR.
To T7Plaintiff F/ Defendant ?Garnishee ?Additional Defendant
You are hereby notified that the following Order, Decree or Judgment has been entered against you
on
Occree Nisi i.,i Equity.
Final Decree in Equity.
E Judgme*?S of Confession ] Verdict j Court +?rder D D;,fault ? Non-Suit
Non-Pros Arbitration Award
?_??.uurn?nt it ih?; arnr?lrit Uf 39,551 * 71______, plus costs.
District Justice Transcript of Judgment in the amount of $ plus costs.
11'. not satisfied with sixty (60) days, your motor k ehicle operator's license will be suspended by the
Pennsylvania Department of Transportation.
Cumberland County Prothonotary
By
if you have any questions concerning the above, please contact
Narrc,'Addreas"Telephone Number of (Attorney/FifingParty)
L nil DE.NEro Krahe, Esq ]
(L l c. f `?Jr`;
1 3 rt 1N iIanr n 31 .•r? //l ?? f (.? ?t J UGS s /??j ??
p rt burcrh PA 15228 1 +
?6? y f 5 -
(notlce!(
WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA)
COUNTY OF CUMBERLAND)
NO 11-7265 Civil
CIVIL ACTION - LAW
TO THE SHERIFF OF CUMBERLAND COUNTY:
To satisfy the debt, interest and costs due C.A. CURTZE CO., INC., a Pennsylvania corporation
and SPECIALTY STEAK SERVICE, a wholly owned division of C.A. CURTZE CO., INC.
Plaintiff (s)
From CONFIT ON MARKET, LLC., 304A N. ST. JOHNS ROAD, CAMP HILL, PA 17011
(1) You are directed to levy upon the property of the defendant (s)and to sell s .
(2) You are also directed to attach the property of the defendant(s) not levied upon in the possession
of
GARNISHEE(S) as follows:
PNC BANK, 105 NOBLE BLVD., CARLISLE, PA 17013
and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from
paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant
(s) or otherwise disposing thereof;
(3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession
of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a
garnishee and is enjoined as above stated.
Amount Due$39,524.21
L.L. $.50
Interest 10/11-PRESENT (1.5% PER MONTH) - $3,373.31
Atty's Comm %875.00 Due Prothy $2.25
Atty Paid $59.00
Plaintiff Paid
Other Costs
Date: MAY 21, 2012
(Seal)
REQUESTING PARTY:
Name : LINDA DENERO KRAHE, ESQUIRE
4'_?
David D. Buell, Prothonotary
06f-p.
Deputy
Address: LAW OFFICES OF LINDA DENERO KRAHE
186 CASTLE SHANNON BLVD.
PITTSBURGH, PA 15228
Attorney for: PLAINTIFF
Telephone: 412-563-6660
Supreme Court ID No. 49502
r il..ED--OFFICL'
OF T HE ROTHONOTARY
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
IA MAY 2 I P
CIVIL DIVISION
PRAECIPE FOR WRIT OF EXECUTION CUMBERLAND COUNT'S
%1ANIA
C.A. Curtze Company, et al
Plaintiff
vs.
Confit on Market, LLC, et al
Defendant
Address:
304A N. St.Johns Road
Camp Hill, PA 17011
IM Confessed Judgment PENNa v
NSF checks
®?1eT NSF fees
File No. __??11 -7265
AmounD"upal to Plaintiffs
Iprei udgmen
nteres through 9111
Atty's Comm as of 9/19/11
Costs
$3,266.07
$ 100.00
$26,668.01
$ 865.29
$ 8,624.84
$39,.5 47. "
Interest 10/11-present
(1.5% per month) $ 3,373.31
Additional Atty's Comm $ 875.16
TO THE PROTHONOTARY OF THE SAID COURT:
The undersigned hereby certifies that the below does not arise out of a retail installment sale,
contract, or account based on a confession of judgment, but if it does, it is based on the appropriate original
proceeding filed pursuant to act 7 of 1966 as amended; and for real property pursuant to Act 6 of 1974 as
amended.
Issue writ of execution in the above matter to the Sheriff of Cumberland
County, for debt, interest and costs, upon the following described property of the defendant (s)
PRAECIPE FOR ATTACHMENT EXECUTION
Issue writ of attachment to the Sheriff of Cumberland County, for debt, interest
and costs, as above, directing attachment against the above-named garnishee(s) for the following property
(if real estate, supply six copies of the description; suN\'s\e four copies of lengthy personalty list)
UPbic, 00. 1 17013
and all other property of the defendant(s) in the possession, custody or control of the said garnishee(s).
(Indicate) Index this writ against the garnishee (s) as a lis pendens against real estate of they
defendant(s) described in the attached exhibit. ?Wddt, l4 (hOwA
Date May 17 , 2012 Signature: /( ZG/ ?i
da
Q ??, SD C
a•? ?
Print Name: Linda DeNero Krahe
Address: 186 Castle Shannon Blvd.
Pittsburgh, PA 15228
Attorney for: C.A. Curtze Co./Specialty Steak
Telephone: 41 2-563-6660 Service
Supreme Court ID No: 4 9 5 0 2
?? 373 b
?t,i ad C?xTss?ed
11-7265
IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA
C.A. CURTZE CO., INC., a
Penimyl ranie corpar?on and
SPECIALTY STEAK SERVICE,
a wholly owned division of C.A. CURTZE
CO., INC.,
Plaintiff
CIVIL DIVISION
GENERAL DOCKET
NO.: 11-7265
vs.
COMFIT ON MARKET, LLC, a
Penn"11 111 a Limited Liability Company,
Uftft CO WIT, a Pennsylvania
Rapister?ed F. Name and t/dWa
COWIT FRENCH BISTRO, an
Urrr?spi sd Fio ous Name AND
MATTHEW GAiIR, a.k.a. MATTHEW
S. GAMBER, a.k.a. MATT GAMBER
incliy and as PERSONAL
GUARANTOR,
=i'.?FT
VS.
PNC Bank
105 Noble Boulevard
Care, PA 17013
Garnishee
PRAECIPE Fit 9.0F T QN NOTICE
UPON A'Ct ESSED JUDGMENT"
This paper is a W ft of Execution". It has been issued because there is a Judgment
agw* you. It may cause your property to be held or taken to pay the went. You
may have legal rigs to prevent your property from bed tam. A l o r c advise
you more specffically of these rights. If you wish to exercise your rights, you must act
PAY.
The low provides that ml*n property coot be taken and sold by the She* to satisfy
your debts. SUCH PROPERTY IS SAID TO BE EXEMPT. No matter w you may
owe, there is a DEBTOR'S EXEMPTION established by taw. This means OW no matter
what happens, the Sheriff must give you from the sale at $300.06 in cash or
11-7265
Property. There are also other exemptions which may be applicable to you. Listed
below is a summary of some of the major exemptions. You may have other exemptions
or offer rte. 9 you have an exemption, you should do the following promptly:
(1) Complete the claim form on the page following this Notice, and demand a
prompt hearing.
(2) Deliver the form or mail it to the Sheriffs Offlos at the address noted on
the form.
You *vxAd come to court when and where you are told to appear reactor tq cow your
e "on. IF YOU DO NOT COME TO COURT AND PROVE YOUR 'TION,
YOU MAY LOSE SOME OF YOUR PROPERTY.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO
NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE
OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
CUMBERLA14D COUNTY BAR ASSOCIATION
2 Liberty Avenue
Carlisle, PA 17013
717-249-3166
By: ?'?Lt?tSL...
LINCIA DENERfl KRAHE, ESC.
Attorney for Plaintiffs:
C.A. Curtze Co., a Pennsy#? Corporation
Specialty Steak Ste, a d v on of
C.A. Curtze Co., Inc
186 Cam Shannon Blvd.
Pittsburgh, PA 15228
(412) 583.8660
PAID No.: 49502
SHERIFF'S OFFICE OF CUMBERLAND COUNTY
Ronny R Anderson
Sheriff
MAY a
Pry 3: 4
Jody S Smith
Chief Deputy
Richard W Stewart
Solicitor
C.A. Curtze Co., Inc.
vs.
Confit on Market, LLC
Case Number
2011-7265
SHERIFF'S RETURN OF SERVICE
05/25/2012 03:27 PM - Shawn Gutshall, Deputy Sheriff, who being duly sworn according to law, states that on May 25,
2012 at 1527 hours, attached as herein commanded all goods, chattels, rights, debts, credits, and monies
of the within named defendant, to wit: Confit on Market, LLC, in the hands, possession, or control of the
within named garnishee, PNC Bank, 105 Noble Boulevard, Carlisle, Cumberland County, Pennsylvania
17013, 'by handing to Ellen Laubach, Assistant Branch Manager, personally three copies of interrogatories
together with three true and attested copies of the writ of execution and made the contents there of known
to her.
The writ of execution and notice to defendant was mailed on May 29, 2012 to Confit on Market, LLC t/d/b/a
Confit French Bistro, c/o Matthew Gamber at 304A N St. Johns Road, Camp Hill, PA 17011-6820.
SO ANSWERS,
May 29, 2012 RON R ANDERSON, SHERIFF
bu,^_ She"r , f ,ott
r
h4
n Gu shall, Deputy
y
11-7265
IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA
C.A. CURTZE CO., INC., a CIVIL DIVISION
Pennsylvania corporation and
SPECIALTY STEAK SERVICE, GENERAL DOCKET
a wholly owned division of C.A. CURTZE NO.: 11-7265
CO., INC.,
Plaintiffs, TYPE OF PLEADING:
AMENDED PRAECIPE FOR
WRIT OF EXECUTION UPON
A "CONFESSED JUDGMENT"
vs. AGAINST ALL DEFENDANTS
AND PNC BANK, GARNISHEE
CONFIT ON MARKET, LLC, a Pennsylvania
Limited Liability Company, t/d/b/a CONFIT, a
Pennsylvania Registered Fictitious Name and
t/d/b/a CONFIT FRENCH BISTRO, an
Unregistered Fictitious Name AND MATTHEW
GAMBER, a.k.a. MATTHEW S. GAMBER, a.k.a.
MATT GAMBER, individually and as
PERSONAL GUARANTOR,
Defendants.
Filed on Behalf of Plaintiffs:
C.A. CURTZE CO., INC., and
SPECIALTY STEAK SERVICE
COUNSEL OF RECORD FOR
THIS PARTY:
LINDA DENERO KRAHE, ESQ.
186 Castle Shannon Boulevard
Pittsburgh, PA 15228
412-563-6660
PA ID # 49502
PNC BANK
105 Noble Boulevard
Carlisle, PA 17013,
Garnishee
c?
3: -
cn r na ,...? ?:
-<
?. C5
--4 C-)
11-7265
CONFIT ON MARKET, LLC, a Pennsylvania Limited Liability Company,
t/d/b/a CONFIT, a Pennsylvania Registered Fictitious Name and t/d/b/a
CONFIT FRENCH BISTRO, an Unregistered Fictitious Name AND
MATTHEW GAMBER, a.k.a. MATTHEW S. GAMBER, a.k.a. MATT GAMBER
individually and as PERSONAL GUARANTOR
AMENDED PRAECIPE FOR WRIT OF EXECUTION UPON A "CONFESSED
JUDGMENT" DIRECTED TO PNC BANK, GARNISHEE
To David Buell, Prothonotary of Cumberland County:
Issue an Amended Writ of Execution upon a Judgment entered
Confession in the above matter,
(1) Against all Defendants: CONFIT ON MARKET, LLC, a Pennsylvan
Limited Liability Company, t/d/b/a CONFIT, a Pennsylvania Registers
Fictitious Name and t/d/b/a CONFIT FRENCH BISTRO, E
Unregistered Fictitious Name and MATTHEW GAMBER, a.k.
MATTHEW S. GAMBER, a.k.a. MATT GAMBER, individually and r
PERSONAL GUARANTOR;
(2) against PNC Bank, Garnishee;
(3) and enter this Writ in the Judgment index
(a) against all Defendants, CONFIT ON MARKET, LLC,
Pennsylvania Limited Liability Company, t/d/b/a CONFIT,
Pennsylvania Registered Fictitious Name and t/d/b/a CONFI
FRENCH BISTRO, an Unregistered Fictitious Name ar
MATTHIM GAMM, a.k.a. 1"THM S. G MBW a.kJ
MATT GAMIER, individually and as PERSON.4
GUARANTOR; and,
a
a
(b) against PNC Bank as Garnishee:
11-7265
(4) Plaintiffs' Principal Amount Due:
Principal (C.A. Curtze Co.): $19,699.42
Principal (Specialty Steak): $ 6,968.59
Finance Charges/Interest (for both): $ 4,238.60
(One and One-Half Per Month
Through May 31, 2012)
Subtotal: $30,906.61
NSF check no. 6169 (5/16/11) $ 2,058.22
NSF Fee: $ 50.00
NSF check no. 6170 (5/18/11) $ 1,207.85
NSF Fee: $ 50.00
Subtotal: $34,272.68
Plus Attorney Fees and Costs: $ 9,500.00
Subtotal: $43,772.68
Plus Cumberland County Record Cost:
File Confession of Judgment $ 27.50
File Writ of Execution $ 28.50
One Garnishee $ .50
Sheriff fee $ 150.00
TOTAL AMOUNT DUE: $43,979.18
J
11-7265
CERTIFICATION
I certify that
(a) This Praecipe is based upon a Judgment entered by Confession, and
(b) Notice has been served pursuant to Rule 2958.1 at least thirty days prior
the filing of this Praecipe as evidenced by a return of service filed of record.
7);Wi
LINDA DENERO KRAHE, ESQ.
186 Castle Shannon Boulevard
Pittsburgh, PA 15228
(412)563-6660
PA ID #: 49502
WRIT OF EXECUTION and/or ATTACHMENT
9 r2E! Nb C e'- U"N
COMMONWEALTH OF PENNSYLVANIA) NO 11-7265 Civil
COUNTY OF CUMBERLAND) CIVIL .ACTION - LAW
TO THE SHERIFF OF CUMBERLAND COUNTY:
To satisfy the debt, interest and costs due C.A. CURTZE CO., INC. a Pennsylvania corporation
and SPECIALTY STEAK SERVICE, a wholly owned division of C.A. CURTZE CO., INC.
Plaintiff (s)
From CONFIT ON MARKET, LLC, a Pennsylvania Limited Liability Company, t/d/b/a CONFIT,
a Pennsylvania Registered Fictitious Name and t/d/b/a CONFIT FRENCH BISTRO, an Unregistered
Fictitious Name AND MATTHEW GAMBER, a.k.a. MATTHEW S. GAMBER, a.k.a. MATT
GAMBER, individually and as PERSONAL GUARANTOR,
(1)You are directed to levy upon the property of the defendant (s)and to sell
(2) You are also directed to attach the property of the defendant(s) not levied upon in the possession
of
GARNISHEE(S) as follows:
PNC BANK, 105 NOBLE BLVD, CARLISLE, PA 17013
and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from
paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant
(s) or otherwise disposing thereof;
(3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession
of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a
garnishee and is enjoined as above stated.
Amount Due$39,524.21 L.L. $.50
Interest 10/11-PRESENT (1.5% PER MONTH) - $3,373.31
Atty's Comm % $875.00 Due Prothy $2.25
Atty Paid $59.00 Other Costs
Plaintiff Paid
Date: MAY 21, 2012
David D. Buell, Prothonotary
(Seal)
Deputy
REQUESTING PARTY:
Name : LINDA DENERO KRAHE, ESQUIRE
Address: LAW OFFICES OF LINDA DENERO KRAHE
186 CASTLE SHANNON BLVD.
PITTSBURGH, PA 15228
Attorney for: PLAINTIFF
Telephone: 412-563-6660
Supreme Court ID No. 49502
SHERIFF'S OFFICE OF CUMBERLAND COUNTY
Ronny R Anderson
Sheriff
Jody S Smith
Chief Deputy
Richard W Stewart
Solicitor
C.A. Curtze Co., Inc.
vs. Case Number
Confit on Market. LLC (et al.) 2011-7265
SHERIFF'S RETURN OF SERVICE
07/26/2012 03:20 PM - Ryan Burgett, Deputy Sheriff, who being duly sworn according to law, states that on July 213,
2012 at 1520 hours, attached as herein commanded all goods, chattels, rights, debts, credits, and monies
of the within named defendants, to wit: CONFIT ON MARKET, LLC, a Pennsylvania Limited Liability
Company, t/d/b/a CONFIT, a Pennsylania Registered Fictitious Name and t/d/b/a CONFIT FRENCH
BISTRO, an Unregistered Fictitious Name AND MATTHEW GAMBER, a.k.a MATTHEW S. GAMBER,
a.k.a MATT GAMBER, individually and as PERSONAL GUARANTOR, in the hands, possession, or control
of the within named garnishee, PNC Bank, 105 Noble Boulevard, Carlisle, Cumberland County,
Pennsylvania 17013, by handing to Mackenzie Irwin, Teller, personally three copies of interrogatories
together with three true and attested copies of the writ of execution and made the contents there of known
to her.
'The writ of execution and notice to defendant was mailed on July 27, 2012 to Confit on Market, LLC t/d/b/a
Confit French Bistro, 304 A North St. Johns Road, Camp Hill, PA 17011-6820 and to Matthew Gamber at
304 A North St. Johns Road, Camp Hill, PA 17011-6820.
SO ANSWERS,
_2
/----_
July 27, 2012 RONNY R ANDERSON, SHERIFF
Ryan Burgett--?-??y
t>
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PE YWAVI? i-'
C.A. CURTZE CO., INC., and CIVIL DIVISION
SPECIALTY STEAK SERVICE, a GENERAL DOCKET C) -
Wholly owned division of C.A. CURTZE No. 11-7265 p
CO.
INC. cry _
, .
Plaintiff,
VS.
ANSWERS TO INTERROGATORIES
IN ATTACHMENT AND NEW
CONFIT ON MARKET, LLC t/d/b/a MATTER
CONFIT t/d/b/a CONFIT FRENCH
BISTRO and MATTHEW GAMBER aka
MATTHEW S. GAMBER aka MATT
GAMBER, individually and as PERSONAL
GUARANTOR
Defendants,
and Filed on behalf of PNC Bank, National
Association
PNC BANK
Garnishee
Joel B. Gold, Esquire
Sr. Counsel for PNC Bank, National
Association
Pa. I.D. #42090
PNC Bank, National Association
Firm #862
One PNC Plaza, 20th Floor
249 Fifth Avenue
Pittsburgh, Pennsylvania 15222-2707
(412) 762-2801/6763 (facsimile)
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
C.A. CURTZE CO., INC., and
SPECIALTY STEAK SERVICE, a
Wholly owned division of C.A. CURTZE
CO., INC.
Plaintiff,
VS.
CONFIT ON MARKET, LLC t/d/b/a
CONFIT t/d/b/a CONFIT FRENCH
BISTRO and MATTHEW GAMBER aka
MATTHEW S. GAMBER aka MATT
GAMBER, individually and as PERSONAL
GUARANTOR
Defendants,
and
PNC BANK
Garnishee
TO: Plaintiff:
CIVIL DIVISION
GENERAL DOCKET
No. 11-7265
ANSWERS TO INTERROGATORIES
IN ATTACHMENT AND NEW
MATTER
Filed on behalf of PNC Bank, National
Association
NOTICE TO PLEAD
You are hereby notified to file a written response to the enclosed New Matter within twenty
(20) days from service hereof or a judgment may be entered against you.
PNC Bank, NA:
By:
ANSWERS TO INTERROGATORIES IN ATTACHMENT AND NEW MATTER
AND NOW, PNC Bank, N.A. the Garnishee (`Bank"), files this response stating as follows:
1. The Garnishee has four bank accounts titled in the name of the judgment
defendant, Matthew S. Gamber.
The first account is joint with a non judgment defendant and is not under
restraint because on the records of this Garnishee the account is held jointly by
husband and wife.
The remaining three accounts are under restraint, which after allowance of the
judgment defendant's cash exemption of $300.00, and the Garnishee's
$100.00 service charge, the Bank owes an aggregate account balance of
$1,101.16 to the judgment defendant.
Garnishee does not have any open accounts in the names of judgment
defendants Confit on Market, LLC; Confit or Confit French Bistro.
2. See no. 1.
3. Garnishee is in possession of a safe deposit box in the name of the judgment
defendant Matthew S. Gamber that is joint with a non judgment defendant
located at a branch in Cumberland County and is not under restraint because
on the record of this Garnishee the joint safe deposit box holders are husband
and wife.
4. See no. 3.
5. No.
6. N/A
7. No.
8. N/A
9. No. See no. 3.
10. N/A
11. No.
12. N/A
13. N/A
14. Unknown. See all accounts described in No. 1.
15. N/A.
16. See no. 3.
17. See no. 3.
18. No.
19. N/A
20. N/A
21. Objected to as outside the scope of PaRCP 3144. See New Matter
22. See No. 21.
23. See No. 21.
24. See No. 21.
25. Objected to as outside the scope of PaRCP 3144.
26. See No. 1.
27. Objected to as outside the scope of PaRCP 3144.
28. Objected to as outside the scope of PaRCP 3144.
29. Objected to as outside the scope of Pa.R.C.P. no. 3144.
NEW MATTER
30. Paragraphs numbered 1-29 inclusive are incorporated here as if set forth at
length.
3L Judgment defendants are indebted to PNC Bank, NA in an amount in excess
of the total set forth in the Writ of execution.
32. Each deposit account identified in this responsive pleading is subject to the
terms and conditions of an account agreement which, in part, reads:
Money Owed
Any loans, overdrafts, obligations or other indebtedness (except for debts arising out of bank credit
cards or IRA or other tax-deferred retirement accounts, unless permitted by applicable law) now or
hereafter owing to us by you, either individually or jointly, including husband and wife, may be charged
in whole or in part to the Account or to any other individual or joint accounts in your name to the extent
permitted by law. If you receive payment from us for an item, you agree that we may place a hold on
your Account in order to investigate a claim that the item contains a forged endorsement or alteration.
If, after a reasonable investigation, we find that the item contains a forged endorsement or alteration,
we may charge your Account for the face value of the item.
You and any joint depositors grant us a security interest in the balance in the Account and in any other
individual and joint accounts in your name, including joint accounts owned by husband and wife, to pay
all loans, overdrafts or other obligations or other indebtedness now or hereafter owing to us by you,
either individually or jointly.
We may exercise our right of set off without advance notice to you and without regard to any other right
which we may have against you or any other person or entity. We may also freeze or place a hold on
your account without setting off in order to investigate any dispute or claim.
Our security interest and right of set off shall prevail and take priority over any claim, change of
ownership, pledge, attachment, garnishment, levy, court order or other legal process of any kind
whatsoever. Should one of these events occur, we may take any action permitted or required by law.
33. PNC Bank believes and therefore avers, based both on the account agreement
and on common law, that its interest in each of the accounts described in this
responsive pleading is senior to and higher in priority that the interest claimed
by the Plaintiff.
WHEREFORE, PNC Bank, N.A. does not admit to owing a debt of $1,101.16 to the
judgment defendant Matthew S. Gamber, does not admit owing a debt to the other
judgment defendants and does not admit to holding property of any of the judgment
defendants.
Respectfully submitted,
PNC BANK, NATIONAL ASSOCIATION
JQef 11. d, Esq.
Lit/garnishee answers/Confit, Gamber 08062012
VERIFICATION
The undersigned hereby verifies that I am an authorized representative of
PNC Bank, N.A.; that the statements made in the foregoing Answers to
Interrogatories are true and correct to the best of my knowledge, information and
belief and that these statements are made subject to the penalties of 18Pa. C.S.
s4904, relating to unsworn falsification to authorities.
RE: C.A. Curtze Co Inc a Pennsylvania Corporation & Specialty Steak Service a
wholly owned division of C.A. Curtze Co Inc vs Confit on Market LLC et al.
DOCKET NO.: 11-7265
Theresa A Dusch
Team Lead, Garnishment ProceKinX
Position
DATE: August 15,,2012
Lit-233946.1