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Home My WebLink About11-7342 IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA C.A. CURTZE CO., INC., a CIVIL DIVISION - GENERAL DOCKET Pennsylvania Corporation and //LL SPECIALTY STEAK SERVICE, NO.: ??- ?J?7? ?vl L ??°r? 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 BAKERY, an Unregistered Fictitious Name AND MATTHEW GAMBER, a.k.a. MATTHEW S. GAMBER, a.k.a. MATT GAMBER individually and as PERSONAL GUARANTOR AND MATTHEW A. BLACK, individually and as PERSONAL GUARANTOR, Defendants. CONFESSION OF JUDGMENT r _ cv 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 BAKERY, An Unregistered Fictitious Name AND MATTHEW GAMBER, a.k.a. ) * A? a?, -:Z- C4# 33 s3 *; w8S MATTHEW S. GAMBER, a.k.a. MATT GAMBER individually and as PERSONAL GUARANTOR AND MATTHEW A. BLACK, 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.): $ 8,864.66 Principal (Specialty Steak): $ 596.43 Finance Charges/Interest (for both): 453.92 (One and One-Half Per Month Through September 7, 2011) Subtotal: $ 9,915.01 NSF check no. 1092 (5/24/11) $ 767.51 NSF Fee: $ 50.00 NSF check no. 1098 (6/07/11) $ 588.04 NSF Fee: $ 50.00 Subtotal: $11,370.56 Plus Attorney Fees and Costs: 3,925.00 Subtotal: $15,295.56 Plus Cumberland County Record Cost: 27.50 TOTAL AMOUNT DUE: $15,323.06 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 Fifteen Thousand Three Hundred Twenty Three Dollars and Six Cents ($15,323.06), 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: ' LINDA DENERO KRAHE, ESQUIRE 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 10 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.: ??- 7 3 it %erw, 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 BAKERY, an Unregistered Fictitious Name AND MATTHEW GAMBER, a.k.a. MATTHEW S. GAMBER, a.k.a. MATT GAMBER, individually and as PERSONAL GUARANTOR AND, MATTHEW A. BLACK, individually and as PERSONAL GUARANTOR, Defendants. I certify that: THE ADDRESS PLAINTIFF IS: 1717 East 1 Street, Erie, Erie County, Pennsylvania 16512 THE DRESS OF Defendant CONFIT ON MARKET. LLC. a Pennsylvania Limited Liability Convanv, t/d/b/a CONFIT. a Pennsylvania Registered Fictitious Name and tWW-a CONFIT FRENCH BAKERY, an Unreallatered Fictitious Name is: 829 State Street, Lemoyne, Cumberland County, Pennsylvania 17043 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 BUSINESS, ADDRESS OF DEFENDANT. MATTHEW GAMBER, individually and as PERSONAL GUARANTOR is: 304 A N. St. Johns Road, Camp Hill, Cumberland County, Pennsylvania 17011-6820 AND THE HOME AND BUSINESS ADDRESS OF DEFENDANT. MATTHEW A. BLACK, individually and as PERSONAL GUARANTOR is: 2252 N. 3 Street, Harrisburg, Cumberland County, Pennsylvania 17110-1813 And 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. r a wholly owned division of C.A. j -7 3 / v? G 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 BAKERY, an Unregistered Fictitious Name AND MATTHEW GAMBER, a.k.a. MATTHEW S. GAMBER, a.k.a. MATT GAMBER individually and as PERSONAL GUARANTOR AND MATTHEW A. BLACK, 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 12th 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 BAKERY, an Unregistered Fictitious Name, having a business address of 829 State Street, Lemoyne, Cumberland County, Pennsylvania 17043 and a corporate address 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 BAKERY, where its principal place of business is/was located at 829 State Street, Lemoyne, Cumberland County, Pennsylvania 17043. 6. Defendant, MATTHEW A. BLACK is an officer, owner and Director of the Corporate Defendant and was at all times relevant hereto, the chef of CONFIT FRENCH BAKERY. His last known home address is 2252 N. 3rd Street, Harrisburg, Dauphin County, Pennsylvania 17110-1813. Defendant's Corporate mail, directed to Defendant, MATTHEW BLACK is received at 304 A N. St. Johns Road, Camp Hill, Cumberland County, Pennsylvania 17011-6820. 7. The aforesaid Credit Agreement/Personal Guarantee has not been released, transferred or assigned. 8. On or about January 18, 2011, the individual Defendants, MATT GAMBER and MATTHEW A. BLACK, 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". 9. Judgment has not been entered against any of the Defendants on the aforesaid Credit Agreement/Personal Guarantee in any jurisdiction. 10. 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". 11. In addition to the default by Defendants set forth in the preceding paragraph, Defendant, MATTHEW A. BLACK 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 24, 2011 1092 $767.51 June 7, 2011 1098 $588.04 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, MATT BLACK and CONFIT FRENCH BAKERY at 829 State Street, Lemoyne, Cumberland County, Pennsylvania 17043, 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 Defendant's Authorized representative, Tiffany Inon (Inor), on July 18, 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.): Principal (Specialty Steak): Finance Charges/Interest (for both) (One and One-Half Per Month Through September 7, 2011) Subtotal: $ 8,864.66 $ 596.43 453.92 $9,915.01 NSF check no. 1092 (5/24/11) $ 767.51 NSF Fee: $ 50.00 NSF check no. 1098 (6/07/11) $ 588.04 NSF Fee: $ 50.00 Subtotal: $11,370.56 Plus Attorney Fees and Costs: 3,925.00 Subtotal: $15,295.56 Plus Cumberland County Record Cost: 27.50 TOTAL AMOUNT DUE: $15,323.06 (plus pre judgment finance/service charges at 1.5% 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 COMFIT, a Pennsylvania Registered Fictitious Name and t/d/b/a CONFIT FRENCH BAKERY, an Unregistered Fictitious Name AND MATTHEW GAMBER, a.k.a. MATTHEW S. GAMBER, a.k.a. MATT GAMBER individually and as PERSONAL GUARANTOR AND MATTHEW A. BLACK, individually and as PERSONAL GUARANTOR, in the total sum of Fifteen Thousand Three Hundred Twenty Three Dollars and Six Cents ($15,323.06), plus accruing service finance charges, 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: llkolll _ BY: d &AV A"fi I DA 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: By: i?? 46-4?- OLORIA ALEX, Credit Manager 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, 5 and 6 are the precise addresses of the Defendants. DATE SUBSCRIBED AND SWORN TO before me, this day of C-? c , 2011 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 Not Public COMMONWEALTH OF PENNSYLVANIA Notarial Seal Elizabeth McCracken, Notary Pubk City of Pittsburgh, Allegheny County My Commission Expires Oct. 21, 2013 Member, Pennsylvania Assocadon of Notaries EXHIBIT "A" Received: Jan 18 2011 11 16am 01/18/2011 11:12 17177613286 PAGE 01 CA. jUAWTZE Co. SPEC-14L Ty STEAK ;SERVICE 1717 EAST 12TH ST., ERIE, PA. 16511 814»452.2 281 CREDIT APPLICATION BUSINESS INFORMATION: Legal Name of Business Entity ("Purchaser"):'}" Trade Name (Doing Business as): Federal Employer ID No. 3.- 6Q-d 93? FALL TO' Name: S I IP TO Name: Address: ao 7 Address: $ y loo City, State ZIP.: 17oy3 City, State1Q&aw Tel. No.: 7f? -737-3533 Fax No., ZIP: Z Tel. No,:](7_ ]37..5 3 Fax No. E-mail Address: E-mail Address: 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 If Partnership, is Certification filed? Yes - NO Date City, , State S State : Total Purchases are approximately $ (I One) weekly r- onthly Complete the following information for (Corporate Officers, Principal Stockholder(s), Partners, or Individual Owner(s): Name & Title:: Home Address: City, State, Zip: How long associated w/ business: Tel, No„ SS*- Name & Title: Home Address: City, State, Zip: How long associated w/ bus i iess: Tel. No_: >S#: Have you or any other principal articipated 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 principals been a customer of C. A. Curtze Co under a different name or address? yes, 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 leased Premises is mortgaged/leased from. Name' Address: Contact Tel No. Received: Jan 18 2011 11:11am 01/18/2011 11:08 17177613286 PAGE 01 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 Applicatio:• (Credit Agreement on behalf of the above named Purchaser and the terms of this Application/Credit Agreementwill be bit cling upon such entity, 2. The Undersigned attest the above statements are true, and authorize the investigati.: n of all information listed in this Application/Credit Agreement 3. The Purchaser agrees to notify C. A. Curtze Co. 1 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 :.y Curtze's Credit Department. Any amount due Curtze not paid in accordance with such payment terms will be assessed a 'inance charge of one and one-half percent(1.5%) per month, Purchaser shall pay for all attorneys fees, collection cost r., and court costs incurred by Seller in the event the account is tumed over to an attorney or other agency for collection, SL !:t 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 lI ink, a service charge of twenty-five dollars ($25.00). 6, In the event the Purchaser violates the terms of this Agreement the Undersigned au"icirizes any Prothonotary, or any attorney of any court of record in this State or elsewhere, to confess judgment or judgmu,its against the Undersigned and Purchaser and in favor of the holder hereof for the balance due, together with the costs if 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 i quisition and consents to the condemnation thereof with full liberty to sell the same on Writ of Execution, with release of er ors 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 tc Purchaser, the Undersigned hereby personally guarantees payment in full to C. A. Curtze Co. a/dlb/a Specialty Steak Set,Ace including delinquency charges, collection costs and attorneys fees, and waive any presentment, demand, protest, :end 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 I ie Pennsylvania Uniform Written Obligations Act, the Undersigned and the Purchaser agree to be legally bound by thi, terms and conditions in this ApplicationlCredit Agreement including the personal guarantee provisions contained herein. The Undersigned hereby certifies that all the information on this Credit Application i; correct, and that I/we fully understand credit terms and conditions set forth above, and agree to the terms and conditio is as consideration for credit extended by Curtze. Account 9 Name: ? Q (Type or Print Name of "Purchaser") AAW/ Signature: -Date; Jr-V- ?F Print N Signat Print Name: G (INDIVIDU LL ) amp: ?.? 9 urea Date: ( rVID LLY) EXHIBIT "B" == _OWE? _Y BREGG :ME 0", t''? J55Ief15tif' } CURT'E 3-S PP 'kn COMFIT FRENCH BAKE` _' drE_ °RF.L'TsSTE. , .. Pf TEn'C_ - ae L5T Wk ,01; ,Oz? TT AMBER FA TOT SLS ;_SYR 2WKS AGO ,0+3 .00 H10 170;.JE,_ . ^ 1t .: - lU` ri AV G _`LS 1 5yi 9.0ff SASEIN ;AST 4 =RS `"TE ;' WK To DT ,fit} .00 MST Dr '-:•'_ FZSF F S!3-:` BEV FAF DETI PFD P;F_E SPEC DEMO CLRRENT AVEiORD SIZE °38 'TH EUSl ;E`,'S 00 00 .; 00 :?, 0 00 00/00/00 .00 .00 Y BUS r ;f c? 3? i'+ t ? ]a 1?0 t '1o 0 ;-R .00 FR; ` AT 00 00 00 ;4' .. %7 G;s s„ }M T W T F S FijSHOW ATTEND I 'R ='RC'-1T 08 I- Y yy v y O= S:OD C=15:0 K 1 rl 3 LMf3 LYNM LYNMI2 YTD LYTD+TtM 1 MITI) 12 '?'"t0- ,,jj'1 14.4 ?p r , s; :'? of}t t .r,tf c i ,'. ;6 274f 9.5 m_•f?. , 109 17,E 188 13. ^e ,t'356 16.E :{R ,C €)1; >.;s?1'#?###:k?##k}$fk#*k#k+fF§?#Mx'r##ks#######x?: a:.rv?;«? ?:?t:s:?au+??t#} Wi; »::?k#?''#kthaF+?*#?'x##%"#.?;::Fr###z#dk#####s###?RMft?#tk#####9#M>r.#kh+F#k't>?X?#fh>Y####k PNRC'ENTAGE _ ny. 1.. ,e 98<? DATE 3 1 - 6 0 =1-=;7 OVEP -90 BALANCE LST DRD/LSI PAYMENT LS BAL FWD PLUS _ -2.,0 MiAT'r SA MBER CURTZE ?7 w 138, y5 196.11 840".94 8864.56 0E/02/201 : 8864.66 i 1;rpi37-3533 3!S 8.58 571.9"-. 59.43 08!03/2011 596.43 OC!_ rOMBINED v .5-' 146.96 .204. 8974.87 9461.09 ?53.42SC :461.09 y : p1 x ..'st: curtz° Gloss N P :ass: curtu c44', ?-?-- ' ".jb: yo D IELt.. Gl?EGG 0''-'/O 7j4`0111 :E D F P i M - I t B t: t C[ r Y PAGE 1 INVOICE URRE` t r _- 6 6;.`' C; OV'c -4't RMNTS NUMBER T 1s,?V;2ME :'GICr` 4CI= E ICS `: CREDITS i:11? REF. IsATE 0p' °! 5A!_F'?!CF CONE-IT FRENCH BA#Ek' 779235 If 1 1086, 317 -3001.23 P 1 /'.-,'7 /11 4087.53 71#-737-3533 4;13.00 "`2 2x03/11 3887,53 "H; GAMBER 154.15 P`f 2/11 /11 3733.38 7Co.W FY 2/18/11 3033.38 200.00 F`,` 2/23/11 2833.38 010.04) R.` 3/08/11 2633.38 1A,',a 0 FY 1035 3/18/11 2533.33 4.01) p"! 1048 4/01/11 2529.38 690.77 FY 1052 4/11 /11 1838, 1838.61 445236 4, 6 0 -7 3'23.31 PY 1092 6/06/11 2195.2, 204.93 PY 1097 6/07/11 1990.34 176.73 PY 1098 6/13/11 1813.61 638.04 PY 8/01/11 1175.57 -X 5.01) R"1 1092 61109/111, 1200.57 -25.40 RV 1092 6113/11 1225.57 -588.04 RV 1098 6/:'2/11 1813.61 N s F - it?- -767.51 RV 1092 7/08 111 742.51 2581,12 447262S 5i .3 18. 05 18.05 2599.1' 449478 5/,;l' ii 983.16 ?03.15 PY 1498 6/13/11 3379.18 -;_`5, 00 RV 1098 6115/11 3404.18 -25.01) PV 1098 6117/11 830.01 3429.18 453449 5i' , . _ _ 737.98 737. `1,8 4167.16 :51277 5 :2 :'x.79 272,?9 4430. 95 4591016 51" 1 , 11 918. 23 125.56 C . 121387 5/x`0/11 792.67 5232.62 461210 5;° 11 45;?- 89 452.`48 5685.50 464063 5? 4 ? 7. 644.33 644.;{3 63:9.83 466099 5s:' : r' .., 6'2b, 6 626. j . 6956.59 468849 5i v 1 ? 314.:75 314.;x5 7270.94 469725S 42.83 42,113 7313.77 411)860 61.-,`2", , s yt,ff.93 204.'=13 7518..70 µ70961W 6f `v! !, . i?'', 170.:x6 7689-06 474435 ....1 580=1x4 588. ".4 82`'T.10 474674 6/ S 'c 1?5, -84 125.:14 8402.94 +78209 6 r 1 1 109.35 21.87 C` 123549 6/14!11 87.18 8490.42 488711 6f:',`A 1 3-7821 341i.140 P11, 6/:''1/11 6.(: 1 8496.43 4940755 7i 1, ;. 117' _6-, 102.'2 8599.05 5152135 8;;W<, _ 1 56 138.:16 8737.61 516657 8/'y:'; 1. u, 96 146.39 F, 8/03I 8838,18 100.88 C% 128852 8104/11 . ;x 1- 8737.310 5392415 9i!-'. .. ,. '?7.36 127.'6 8864,66 CURTZE CUSTOMER TOTAL5 R 1'27.36 196.11 8864.66 138 4 03402, 94 :_t ??A?F*,1'},spR'?#d*f*>k???f?????h?k?"??k#k*??tY tc ?c s,s:':4R-.«d: K?c,}r?*$*$:wK:?: k A1##??^k rk ?t?kkk 7it:]t ?C??k:??t$k ?f##$xt*???ktk *****d#??8$??*?? *??«k+a?*#?R k**$%????$? 2t? CON, IT FRENCH BAKERY 769293 5f 1:..y 73.66 73, 6 73.66 5 717-737-3533 7.72093 5r 1..11' 63.01 63. D1 135.67 MATT Gl^.MBER '73582 5/ 11 57.04 57.04 193.71 ?8(}887 5r ,_y 2=e = 221,wt4 571,93 7993918 'f ,=8 8.`;8 5811.51 8150995 8.` : -11, -71 8.'r 1 589, 22 8333368 723 7.•1 596.43 3r'8 US78"IER TOTia18 b :t: 2i c.5' 596.43 x.71 57!,03 :..+?'N'$f:kw?;?:A4???}F??*+V*:???R??s+'?'?ii. i}: P:'??????.k?a::? r..r,."?':.{:'??'.Il`ig[A't 44::.;vR-"??????T$'Ir'?n?:}V I?i1?1?;.w.:l:Y}fM??!#iR?? F??P**?'.}:'}l?f.'RI{•*???'%???`?*???`??H ?**?'!*??'?? ?**????`?? COMBINED OUSTQMER 701 3" 4, 57 '+.4. ?.? 9461,09 tr s96 897 .87 C',!DIT LIMIT...... ?rY?ww xur?aa;s R4$?f!RI; ;N ?:c ?K's°'?'d. ,m >: ?bt •;?''?-'q''!tt? "e s .c.., .,y?>sk et ..''? -^$'4`!k'7!.tr,`.#[.sMac x: ah#iitmk t:?:?F:tt$tTr *@'?`mc ?F'FK1 dt Ytld 6k?*?*•?tltik;&w9[?jtkq'i !fir 3c is et llt ?t jl :ktikIt tk EXHIBIT "C" Wis. ye:>s &.19. L!/RTZErO, 1717 EAST 12"' ST. ERIE PA 16511 - P.O. BOX 797 • 800.352.0940 - 814.452.2281 • WWW.CURTZE.COM CERTIFIED MAIL RETURN RECEIPT REQUESTED 70051820000521774104 July 8, 2011 Matt Gamber Matt Black Confit French Bakery 829 State Street, Ste. 1007 Lemoyne, PA 17043 RE: Past due balance of $9,050.09 on account #19220 for Confit French Bakery plus accruing service charges. Dear Matt Gamber & Matt Black: 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 $9,050.09, 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. Curtze Co. Matt Erg r Senior C it & Collections Manager ¦ Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. ¦ Print your name and address on the reverse so that we can return the card to you. ¦ Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: f 014X-)9 r,-- 11nf7T'al&lk A. Signa X ? Agent ? Addressee B. Rec 'ved by (Printed Name) C. Da f D. Is delivery address different from item ? , ? YIf YES, enter delivery address below: ? No 1f11 t'? ?7 /®(?`7 3. Service Type Jiff Certified Mail ? Express Mail /? J ?"(?!, 0 e-1 f 70' 3 ? Registered ? Return Receipt for Merchandise /! ? Insured Mail ? C.O.D. 4. Restricted Delivery? (Extra Fee) ? Yes 2. Article Number 7005 1820 0005 2177 4104 (Transfer from services >?w PS Form 3811, February 2004 Domestic Return Receipt lti r J - --- ru Postage $ ul Certified Fee O t OJ P =1 Return Receipt Fee R i 11111t \\ Hat f red) (Endorsement equ t O Restricted Delivery Fee ru (Endorsement Required) e0 '-q Total Postage & Fees $ 5 . L n ? -Set tt/TO7??. FSJJ / A r?- A ? No St ? or PO Box No. & Cih? State. "r `_ A , 3 i0, 't L,.s 3 tic tL? jy?Sw j'??V s e i"L 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.: 732 eiUll, 7-epl* ' a division of C.A. CURTZE / CO., INC., 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 t/d/b/a CONFIT FRENCH BAKERY, an Unregistered Fictitious Name AND MATTHEW GAMBER, a.k.a. MATTHEW S. GAMBER, a.k.a. MATT GAMBER, individually and as PERSONAL GUARANTOR AND, MATTHEW A. BLACK, 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 BAKERY, an Unregistered Fictitious Name AND MATTHEW GAMBER, a.k.a. MATTHEW S. GAMBER, a.k.a. MATT GAMBER individually and as PERSONAL GUARANTOR AND MATTHEW A. BLACK, 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 t/d/b/a CONFIT FRENCH BAKERY, an Unregistered Fictitious Name AND MATTHEW GAMBER, a.k.a. MATTHEW S. GAMBER, a.k.a. MATT GAMBER individually and as PERSONAL GUARANTOR AND MATTHEW A. BLACK, individually and as PERSONAL GUARANTOR. A judgment in the amount of Fifteen Thousand Three Hundred Twenty Three Dollars and Six Cents ($15,323.06), plus accruing service/finance 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 / 500-990-9108 Respectfully submitted, LAW OFFICES OF LINDA DE NERO KRAHE Dated: 21 c 11( BY: LINDA D NERO 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 PA ID No.: 49502 I IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NOTICE OF ORDER, DECREE OR JUDGMENT Rule236 Plaintiff(s) Case Number C.A. Cui tze Co., Inc., a Pennsylvania Corporation and 5peci.alcy Steak Service, a wholly -73,/Ol A•VJ l -7 -41 owned division of C.A. Curtze Co. J'f Vs Defendant(s) Confit on Market, LLC, a Pennsylvania Limited Liability Company, t/d/b/a Confit, a Pennsylvania Registered Fictitious Name and t/d/b/a t_'onfit French Bakery, an Unregistered Fictitious Name AND Matthew camber, a.k.a. Matthew S. Gamber, a.k.a. Matt Gamber, individually and as Personal Guarantor AND Matthew A. Black, indivually and as Personal Guarantor. To:?Plaintiff ?? Defendant ?Garnishee ?Additional Defendant You are hereby notified that the following Order, Decree or Judgment has been entered against you Deere- Nisi in .Equity. ? .liinai Decree in Equity. Judgment of ? Confession E] Verdict ? Court Order ? Default ? Non-Suit Non-Pros ? Arbitration Award [i]Jiidgiricitt in the rtuiount of $ 15, 323 . 06i , plus casts. r-1 District Justice '.i ranscript of Judgment in the amount of $ plus costs. ? If not satisfied with sixty (60) days, your motor vehicle operator's license will be suspended by the Pennsylvania Department of Transportation. Cumberland unt Pr notary By If you have any questions concerning the above, please contact Name/Address!Telephone Number of (Attorney/FilingParty } n ?:i.aaa N-Wero Krahe, Esq. 1.86 Castle Shannon. B'.vd. Dittyburgh, PA i522P -n 412-'A3 -i660 A' ! .l & GJVO? [sotitrlf WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 11-7342 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 MATTHEW GAMBER, 304A N. ST. JOHNS ROAD, CAMP HILL, PA 17011 MATTHEW BLACK, 211 HARBOUR DRIVE, ANDERSON, SC 29625-6014 (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$8,795.56 L.L. $.50 Interest 10/11-PRESENT (1.5% PER MONTH) - $533.16 Atty's Comm %565.00 Due Prothy $2.25 Atty Paid $59.00 Plaintiff Paid Other Costs Date: MAY 21, 2012 (Seal) REQUESTING PARTY: David D. Buell, Prothonotary Deputy 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 ?ROTNQtI GL OTA??IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLV IA CIVIL DIVISION z PRAECIPE FOR WRIT OF EXECUTION AND Wtj +E eY, VAWN Matthew Gamber: C.A.Curtze Co., et al Plaintiff vs. Confessed Judgment P r-ri $Other NSF checks (2) $ NSF fees $ ileNo. 11-7342 FF p rlfMa l n l Ai o ud t? Plaintiffs Freudgment ntere t $ through9111 $ 1,355.55 100.00 9,461.09 453.92 Atty,s Comm as of 9/23/11 $.3,9,25.00 $15, 29-5.?6 Confit on Market, LLC, et al Defendant Address: 304A N. St. Johns Road Costs Camp Hill, PA 17011 Matthew . Minus payments made: $ 6,500.00 Black: A211 Harbour Drive Interest 10/11-present 48 WFHC%O'I?A ?2(§-4&1AID COURT: (1 . 5% per month) : $ 5 3 3.1 6 Additional Atty s Comm: $ 565.00 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 originals 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; supply four copies of lengthy personalty list) &AV. - I o5 Noble B(vd• ('OVAt-51C., '(Nk 1-7013 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 ende gamst real a the defendant(s) described in the attached exhibit. Q Date May 18 , 2012 Signature: cS Print Name: Linda DeNero Krahe 7 Address: 186 Castle Shannon Blvd. ?7•S0 ?-?` Pittsburgh, PA 15228 asp t?,? Attorney for: C.A.Curtze Co./Specialty Steak ?+5?1• ? Telephone: 412-563-6660 Service Supreme Court ID No: 4 9 5 0 2 Ck.? 3?3`l ? ?,sso(P ?r?t ab ?Z?? 11-7342 Civil Term IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA C.A. CURTZE CO„ INC., a Panrury#warsia ion and SPECIALTY STEAK SERVICE, a wholly owned division of C.A. CURTZE CO., INC., Plaintiff CIVIL DIVISION GENERAL DOCKET NO.: 11-7342 Civil Term vs. C{IT ON MARKET, LLC, a Peelrlania Limited L.ty Company, tkM* CONFIT, a Pwana Red Inud Ficllitious Name and tfdlbia COWIT FRENCH RAKERY, an Unregistered 'F Norte AND MATTHEW GAM'BER, a.k.a. MATTHEW S. DER, a.k.a. MATT GAMBER if oividurit and as PERSONAL GLLWAN I'OR AND MATTHEW A. BLACK, irdMdua lly and as PERSONAL GUARANTOR, Defendant vs. PNC Banc 105 Noble Boulevard Carfte, PA 17013 Garnishee PRAE F( MU 9f 9MUt K)!M NDME UPON A "CONFESSED JUDGMENT" This pqw is a "Writ of Execution'. It has been issued because there is a Judgment against you. It may cause your property to be held or taken to pay the judgment. You may have lei rests to prevent your property from being taken. A I&wW , can advise you more specifically of these rights. If you wish to exercise your rte, you must act promptly- The law prides that certain property carrot be taken and sold by the Sheriff to satisfy your debts. SUCH PROPERTY IS SAID TO BE EXEMPT. No matter what you may owe, there is a DEBTOR'S EXEMPTION established by law. This means #W no matter 11-7342 Civil Tenn what happens, the Sheriff must give you from the sale at $300.00 in crash or property. There are also other exemptions ~ may be aceble to you. Listed below is a summary of some of the major exe ions. You may have other exemptions or other rights. If you have an exemption, you should do the f01+n9 promptly: (1) Complete, the claim form on the page foNowV this Notice, and demand a PI " he aft. (2) Deliver the form or mail it to the Sheriffs Office at the address noted on the form. You should tome to court when and where you are told to appear rr to s*w • your erasmpM . IF YOU DO NOT COME TO COURT AND PROVE YOUR EXEMPTION, YOU MIRY 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. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 NAM EX TIONS UNDER PENNSYLVANIA Ate? FEDERAL 1. $300.00 exertions set by law. 2. All wewft apparel used by you rself and all family members. 3. Sifts, school books, sewing mac hWw, uniforms & equipment. 4. Tools of your trade, such as carperrlar's tools. 5. Most wepw and unemployment benefits. 6. Social Security benefits, certain refinement fiends and accounts. 7. Certain veteran & armed forces bww ts. 8. Certain insurance proceeds. 9. Such other exemptions as may be provided by law. Y• LINDA DENERO KRAHE, ESQ. Attorney for Plaintiffs: C.A. Curtze Co., a Pennsylvania Corporation Specialty Steak Service, a division of C.A. Curtze Co., Inc 186 Castle Shannon Blvd. Pittsburgh, PA 15228 (412) 563-66W PA ID No.: 49502 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith r Chief Deputy i MAY 29 PH 2- ? `' - Richard W Stewart I"i{i ? a k i! Solicitor Ei? LU, C.A. Curtze Co., Inc. Case Number vs. 2011-7342 Matthew Gamber (et al.) 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 defendants, to wit: Matthew Gamber and Matthew Black, 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 four copies of interrogatories together with four true and attested copies of the writ of execution and made the contents there of known to her. NOTE: served four copies as there are 2 defendants. The writ of execution and notices to defendants were mailed on May 29, 2012 to Matthew Gamber at 304 A N St. Johns Road, Camp Hill, PA 17011 and to Matthew Black at 211 Harbour Drive, Anderson, SC 29625-6014. SO ANSWERS, May 29, 2012 RON R ANDERSON, SHERIFF S n Gu 1, Deputy Gnu ?. art^ 5 (. 7e 1,,,,e -. 6+.:: . ,? FIC n ?-3r 0-4 ,T IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLSY"AM r; 4s 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.: 11-7342 Civil Term CO.. INC., Plaintiffs, TYPE OF PLEADING: PRAECIPE FOR JUDGMENT AGAINST GARNISHEE, vs. PNC BANK, UNLIQUIDATED IN AMOUNT 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 BAKERY, an Unregistered Fictitious Name AND MATTHEW GAMBER, a.k.a. MATTHEW S. GAMBER, a.k.a. MATT GAMBER, individually and as PERSONAL GUARANTOR AND, MATTHEW A. BLACK, 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 I D # 49502 vs. PNC BANK, Garnishee / Defendant 12# vo?u 2."Opd 0? ?7P9`!V NEM w IN 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 DOC NO.: 11-7342 Civil Term 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 BAKERY, an Unregistered Fictitious Name AND MATTHEW GAMBER, a.k.a. MATTHEW S. GAMBER, a.k.a. MATT GAMBER individually and as PERSONAL GUARANTOR AND MATTHEW A. BLACK, individually and as PERSONAL GUARANTOR, Defendants. vs. PNC Bank, Garnishee / Defendant PRAECIPE FOR JUDGMENT AGAINST GARNISHEE, PNC BANK, UNLIQUIDATED AMOUNT To: David D. Buell Prothonotary of Cumberland County Kindly enter judgment in favor of Plaintiffs, C.A. CURTZE CO., INC., a Pennsylvania corporation and SPECIALTY STEAK SERVICE, a wholly owned divisi of C.A. CURTZE CO., INC., and against Garnishee, PNC Bank, in the a action for failure to file Answers or otherwise respond to Plaintiffs' Interrogatories in of Execution which contained the Notice to Answer within twenty (20) days after pursuant to Pa. R.C.P. 3144 and which were served by Cumberland County, Deputy Sheriff, Shawn Gutshall upon Ellen Laubach, Assistant Branch Manager of PNC Bank, located at 105 Noble Blvd. Carlisle, PA 17013. A copy of the Deputy Shawn Gutshal 's Return of Service, dated May 25, 2012 is attached hereto made a part hereof a pd marked as "Exhibit A". Please also find attached to this Praecipe, a copy of Plaintiffs' Notice as required by Pa R.C.P. 3146 and 237.1 attached hereto, made a part and marked as Exhibit " B". Said Important Notice was served upon Garnishe / Defendant PNC Bank at: 105 Noble Boulevard, Carlisle, PA 17013 by U.S. Regu j ar Mail, as confirmed by the Certificate of Mailing. Service is confirmed by the Ce Mail receipt, which was signed by Ellen Laubach, Assistant Branch Manager of aforesaid branch of PNC Bank, Defendant / Garnishee, on May 25, 2012. Certificate of Mailing, Certified Mail Receipt and Green Card are attached hereto, a part hereof and marked collectively as Exhibit "C". I certify such Important was mailed to all Defendants by Certified Mail and U.S. Regular Mail, Certificate of Service, after the default had occurred and at least ten (10) days before the date of filing of this Praecipe. The undersigned verifies that the statements of fact in Praecipe are true and correct and are made subject to the penalties of 18 Pa.C.S 4904 relating to unsworn falsifications to authorities. Pursuant to Pa R.C.P. 3146 please enter Judgment against Garnishee / Defendant PNC Bank, in favor of Plaintiffs but in an unliquidated amount. The of the Judgment shall hereafter be addressed by the Court upon Motion. Dated: August k 2012 Linda DeNero Krahe, Esquire 186 Castle Shannon Boulevard Pittsburgh, PA 15228 Phone: 412-563-6660 Fax: 412-563-7757 PA I D#: 49502 (Attomey for Plaintiffs) Judgment Entered against PNC Bank, Defendant / Garnishee liqui d i ount, favor of the Plaintiffs against Garnishee with damages to be sse 4% &4AO ?I?II Prothonotary EXHIBIT "A" SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart solicitor utp of tutnbrry?ryp OFFICE OF THE SHERIFF C.A. Curtze Co., Inc. VS. Confit on Market, LLC j,;.. L. YI; ?1 HAY 29 Pfd 3• 3 / (.: IOEFiLAfeit J-- FNPIS yjyA P j' j, t Case Number 2011-7265 SHERIFF'S RETURN OF SERVICE 05/25/2012 03:27 PM - Shawn Gutshall, Deputy Sheriff, who being duly swom according to law, states that on May : 2012 at 1527 hours, attached as herein commanded all goods, chattels, rights, debts, credits, and monit 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 interrogatori together with three true and attested copies of the writ of execution and made the contents there of know to her. The writ of execution and notice to defendant was mailed on May 29, 2012 to Confit on Market, LLC Confit trench Bistro, c/o Matthew Gamber at 304A N St. Johns Road, Camp Hill, PA 17011-6820. May 29, 2012 SO ANSWERS, RON R ANDERSON, SHERIFF all, Deputy ,C!'_OLn tySuiIE JhM;R TeleC^.01, trc EXHIBIT "B" 11-7 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA C.A. CURTZE CO., INC., a CIVIL DIVISION Pennsylvania Corporation and SPECIALTY STEAK SERVICE, NO.: 11-7342 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 BAKERY, an Unregistered Fictitious Name AND MATTHEW GAMBER, a.k.a. MATTHEW S. GAMBER, a.k.a. MATT GAMBER, individually and as PERSONAL GUARANTOR AND MATTHEW A. BLACK, individually and as PERSONAL GUARANTOR, Defendants. vs. PNC BANK, Garnishee To: PNC Bank 105. Noble Boulevard Carlisle, PA 17013 Date of this Notice: July 18, 2012 IMPORTANT NOTICE AS TO ALL DEFENDANTS BUT PARTICULARLY OF DEFENDANT, 'MATTHEW GAMBER, a.k.a. MATTHEW S. GAMBER, a.k.a. MATT GAMBER ONLY PNC BANK, YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED IN A TIMEL MANNER, TO SERVE (PERSONALLY OR BY AN ATTORNEY) PLAINTIFF'S COUNSE LINDA DENERO KRAHE ESQ., FILE OR DISCLOSE THE AMOUNT OF DEFENDANT ASSETS IN THE NAME OF MATTHEW GAMBER, A.K.A. MATTHEW S. GAMBER, A.K., MATT GAMBER et al IN YOUR POSSESSION. YOU HAVE FAILED TO SERVE UPC PLAINTIFF'S COUNSEL AND FILE IN WRITING WITH THE COURT, YOUR ANSWERS T "PLAINTIFFS INTERROGATORIES IN AID OF EXECUTION". NO DEFENSES T "PLAINTIFF'S INTERROGATORIES IN AID OF EXECUTION" OR TO PLAINTIFF'S WRIT C 11-7342 EXECUTION FILED OR SERVED UPON PLAINTIFF'S COUNSEL, RESPECTING AL PROPERTY OWNED BY DEFENDANTS AND PARTICULARLY, OF DEFENDANT, MATTHEI GAMBER, A.K.A. MATTHEW S. GAMBER, A.K.A. MATT CAMBER, WHICH WERE, ALON WITH "PLAINTIFF'S INTERROGATORIES IN AID OF EXECUTION", SERVED UPON PN BANK BY SHAWN GUTSHALL, DEPUTY SHERIFF ON MAY 25, 2012. RECEIPT OF PN BANK'S ANSWERS TO PLAINTIFF'S INTERROGATORIES IN AID OF EXECUTION MUST B RECEIVED WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE. NEW SETS AR ENCLOSED FOR EACH DEFENDANT; NOT REQUIRED BY LAW, BUT AS A COURTES ONLY. A JUDGMENT MAY BE ENTERED AGAINST PNC BANK FOR AN UNLIQUIDATE SUM, TO BE DETERMINED AT A HEARING TO ASSESS DAMAGES AGAINST PNC BAN AND PNC BANK MAY LOSE ITS PROPERTY OR OTHER IMPORTANT RIGHTS. PNC BANK SHOULD TAKE THIS PAPER TO ITS LAWYER AT ONCE. IF IT DOE NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THI OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TC 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 717-249-31661800-990-9108 Dated: By- l 1 G Linda DeNero Krahe, Esquire 186 Castle Shannon Boulevard Pittsburgh, PA 15228 Ph: 412-563-6660 Fax: 412-563-7757 PA ID: 49502 -11-7342 Civil T IN THE COURT OF COMMON PLEAS, ALLEGHENY COUNTY, PENNSYLVANIA C.A. CURTZE CO., INC., a Pennsylvania corporation and SPECIALTY STEAK SERVICE, a wholly owned division of C.A. CURTZE CO., INC., Plaintiffs, vs. COMFIT ON MARKET, LLC, a Pennsylvania Limited Liability Company, t/d/b/a COMFIT, a Pennsylvania. Registered Fictitious Name and t/d/b/a CON FIT FRENCH BAKERY, an Unregistered Fictitious Name and MAT THEW GAMBER, a.k.a. MATTHEW S. CAMBER, a.k.a. MATT GAMBER, individually and as PERSONAI,. GUARANTOR and MATTHEW A. BLACK, Individually and as PERSONAL. GUARANTOR, tics. vs. CIVIL DIVISION GENERAL DOCKET NO.: 11-7342 Civil Term TYPE OF PLEADING IMPORTANT NOTICE TO GARNISHEE AND INTERROGATORIES IN AID OF EXECUTION DIRECTED TO GARNISHEE, PNC BANK UPON A "CONFESSE D JUDGIVI.ENT".AGAINST ALL DEFENDANTS AND GARNISHEE Filed on Behalf of Plaintiffs- C.A. CURTZE CO'., IMC., and SPECIALTY STEAK SERVICF 11-7342 Civil Term IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CREDITOR C.A. CURTZE CO., INC., a Pennsylvania Corporation and SPECIALTY STEAK SERVICE, a wholly owned division of C.A. CURTZE CO., INC., Plaintiffs vs. DEBTOR Civil Action No.: 11-7342 Civil Term 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 BAKERY, an Unregistered Fictitious Name AND MATTHEW CAMBER, a.k.a. MATTHEW S. GAMBER, a.k.a. MATT GAMBER individually and as PERSONAL GUARANTOR AND MATTHEW A. BLACK, individually and as PERSONAL GUARANTOR, Defendants V& To.. P N C Batik 105 Noble Boulevard Carlisle, PA 17013 IMPORTANT NOTICES TO GARNISHEE! *Must check Garinber Fundraising, since solely owned by Matthew Gann ber aficl ahy Qther accoulnts where he is the sole owner. A You are required to file Answers to ?AGH of the following tnterrogatorres v??thin twenty (20) days after s Pvlce :upon you aNSWER8 TES INT RROG4ATb?21 S 9 AND 10 hIIU$T BE A?tSV?teAtD MN DETAIL, FA14URE 'O DO SCi IiIIAY R,ESU?.T IN ;JUDGMENT AGAINST You A7 THE °Vf Y LEAN, A StJBP,O 'NA WILL ?E M$ UEp UPON YOUR BANS IUI IN.A ER TO Q?PQEAR ACID .ANSWER IEUERIf ;INTER900ATORY 8ET FORTH HEREIN ToE.THEt? 11VITH A LIST OF P. PMENTS TO ,PRODUCE. B. Herein , the, ord "Defendant" means,arty one or more of the Defendants against Whom the Writ of.Execution is issued. C, 'While service of Writ upon the Garnishee. attacks all property Of any Refendants Subject to attachment which is then in the hands of the. garnishee; it also,attachs 611 property of any Defendants which comes into the Garnishee's possession thereafter, until Judgment is entered against the Garnishee. For example, the resultant liability of a Garnishee-Bank would not be measured by the balance in the debtor's account, either at the time of service of the Writ or at the time of Judgment against the Garnishee, but rather by the amounts deposited and withdrawn during the intervening period. 11-7342 Civil Term 1. At the time you were served or at any subsequent time (lid you owe any Defendants any money or were you liable to any of there on any negotiable or other written instrument, or did helthey claim that you owed any of them any money or were liable to any of them for any reason? 2. If the answer to Interrogatory t is in the affirmative, state the following: the amount of money you owe or owed to any Defendants, and, if such money is in the form of a fund, the present location thereof; the terms, face amount and amount you owe or owed to any of the Defendants on each of such negotiable or other written instruments and the present location of each of such instruments; the amount or amounts that any Defendant claims or claimed that you owe or owed to any Defendant; and the nature and amount of each of such liabilities. 3. At the time you were served or at any.subsequent time was there in your possession, custody or control of any property of any nature owned solely or in part by any of the Defendants. =1, If the answer to Interrogatorj 3 is in the affirmative, describe the nature, fair market value as of the date upon service of the Writ, and present location of each of such properties. 8. If the answer to Interrogatory 7 is in the affirmative, describe the nature, fair market value, and present location of each of such properties. 11-7342 Civil Tern 9. Within a period of four months prior to being served with the Writ or after you wer( served, did any of the Defendants transfer move, close or liquidate any funds, securities, Certificates o Deposit or the contents of any safe deposit box? 10. If the answer to the Interrogatory 9 is in the affirmative, describe the specific nature, valur as of the date the Writ was served, date of each liquidation and present location of each of suet properties, if known. 1 ll . At any tune after you were served did you pay, transfer, or deliver any money or propert, to any of the Defendants or to any person or place pursuant to any Defendant's direction cr otherwis( discharge any claim of the Defendants against you? 12. If the answer to Interrogatory -11 is in the affirmative, describe the amount or nature, fai rn.arlket ,slue as of the date the lfllrit .wa , sent.ev and pm sent location of each of stif h payn?ents aw properties, if known. 13. If at any time, any of the Qefendani held any type of account, 'purchased. am, Certificate(s) of Deposit, possessed Bank 130 (es) or purchased. any 1n Trust. for AocbUnts° Pleas( ertutnerate each, .the -9 Pit number for each, the date oprid and/or purchasd, whether still opened :. , d,tfie clo5lrtg balance _of each. the.ownei?(s) of etch,, type of account; the date each vfas closed ar) 14. R.o .you have a record of any account in which the;any of.the Defendants. may have at interest, whether under the name of the debtor, under .a trade or corporate name.,.or rn asso.ctation will others, as of the gate of the:Writ orwithin one year prior thereto? '15. As to each such account, what is the exact title of the account, the date opened, amount: presently on deposit; if closed, the amount on deposit when closed and the date closed? 11-7342 Civil Term 16. Do you have a record of any safe deposit box in which any of the Defendants may have an interest, whether under the name of any debtor, under a trade or corporate name, or in association with others, as of the date of the Writ or within one year prior thereto? 17. As to each such box, what is the exact designation of the lessee(s) thereof, the date hired, the date discontinued, the names of those having access? '18. Do you hold collateral in which any of the Defendants has or may have an interest? 11-7342 Civil Term 24. What is the nature of each such lien, [he full description of the property affected by the lien, the location and indemnity of the office of the fling or recording and full indexing information? 25. Are any of the assets of any of the Defendants, in your possession or care, subject to liens, attachments or other encumbrances? 26. Do you have any other transactions with any of the Defendants, directly orirad'rrectly, as a result of which any of the Defendants may now have, or may in the future become entitled to, money or credit? 27. I-lave any of the Defendants given you a statement of his financial condition`s= EXHIBIT "C" UNITEDSTQTE5 POST/JL SERVICE® Certificate Of Mailing ?Z This Cerdiflcale of Wailing provides evidence that mail has been presented to USPS® for riailin This form may be used tar {??y{ f???/ ?f 9. From: /.M ??J j L -quir 4 0 T p 4 N 2 d "t CD c- • / :.. o Df- To: 00 -?1_ISli ? - n Z. o? N -- LOG, ??d+o l C I ?U k Vr-C? ?~ d C PS Fnrm 3$'17 Anril ?On7 PSN 7530_02-000-9065 1111 __ P 17` (DomesfIc Mail • I IT For delivery informa tion vi?Jt our website a t www usps com . - ' E r` _ w Ir Postage $ Certified Fee nu ? p p Return Receipt Fee (Endorsement Required) * jc p ,tmark \\?y \ M Restricted Delivery Fee (Endorsement Required) M tI) Total Postage & Fees Q $ 'Sn.=i•I! 1 m Sant To n ` -•-- Streef,ApENo.; ( or PO Box Na. Ob l C V - _- --------------- --------- ------------------- City, State, ZIP+d ust 2CO6 PS F 3800 Au o S R t I t i n orm g ee Lverse or ns ruct o s ¦ Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. ¦ Print your name and address on the reverse so that we can return the card to you. ¦ Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: - ^ M (JUf l?F-- X3-cd X D. Is delivery Rem 1? 'U Yes If YES, en r es? ow: No 3. Service Type? A Certified Mail press Mail ? ? Registered ? Return Receipt for Merchandise ? Insured Mail ? C.O.D. 4. Restricted Delivery? (Extra Fee) ? Yes .,O"Agent 2. Article Number 7011 3500 0002 5917 9947 } (transfer from servitx Domestic Return Receipt 102595-02-M-7540 ;i PS Form 3811, February 2004 1 W i13 Y c m t:a a ? ra s. Ate.{ c a =. cy 4A- 40 N IS 00 mD N ILL LL? LLg N O U1 .?Q ?Q LL U E 0 E om _2k m? 0 i N W U O o is S ?C 12 W is hS66 2-T69 2000 OOSE TTU :r I nI r? r r nu 0 0 0 0 Ln m a r-I a r` m a m .0 E 7 e z m (D U C Q N a U U] U E to 0 0 N c m 2 T 00 cLe) E O LL U) IL No.: GD-11-7342 IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVAN C.A. CURTZE CO., INC., a Pennsylvania Corporation and SPECIALTY STEAK SERVICE, a wholly owned division of C.A. CURTZE CO., INC., CODE: 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 BAKERY, an Unregistered Fictitious Name AND MATTHEW GAMBER, a.k.a. MATTHEW S. GAMBER, a.k.a. MATT GAMBER, individually and as PERSONAL GUARANTOR AND, MATTHEW A. BLACK, individually and as PERSONAL GUARANTOR, Defendants. vs. PNC, Bank CIVIL DIVISION - GENERAL DOCKET NO.: GD-11-7342 TYPE OF PLEADING: AFFIDAVIT OF SERVICE 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 I D # 49502 Garnishee / Defendant No.: GD-11-7342 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANI 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 NO.: GD-11-7342 Plaintiff, 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 BAKERY, an Unregistered Fictitious Name AND MATTHEW GAMBER, a.k.a. MATTHEW S. GAMBER, a.k.a. MATT GAMBER individually and as PERSONAL GUARANTOR AND MATTHEW A. BLACK, individually and as PERSONAL GUARANTOR, Defendants. vs. PNC Bank, Garnishee / Defendant AFFIDAVIT OF SERVICE I, LINDA DE NERO KRAHE, ESQUIRE, counsel for Plaintiffs, C.A. CURTZE CO., Inc., a Pennsylvania corporation and SPECIALITY STEAK SERVICE, a owned subsidiary division of C.A. CURTZE CO., INC., and being duly sworn according No.: GD-11-7342 to law, depose and make the following Affidavit regarding service of Plaintiffs' Notice ?n connection with Pa. R.C.P. 3146 ("Notice"). Said Notice was mailed to Defendants, CONFIT ON MARKET, LLC, a Pennsylvania Limited Liability Company, t/d/b/a CONFI , a Pennsylvania Registered Fictitious Name and t/d/b/a CONFIT FRENCH BAKERY, n Unregistered Fictitious Name AND MATTHEW GAMBER, a.k.a. MATTHEW S. GAMBER, a.k.a. MATT GAMBER individually and as PERSONAL GUARANTOR, MATTHEW A. BLACK, individually and as PERSONAL GUARANTOR, AND PNC Garnishee / Defendant on August 1, 2012. Pursuant to Pa. R.C.P. 3146 and 403, all Defendants and, particu Garnishee / Defendant were served with a true and correct copies of Plaintiffs' Praeci For Judgment Against Garnishee, PNC Bank, Unliquidated In Amount via Certified M#il Return Receipt requested and U.S. Regular Mail, with Plaintiffs' counsel securing, from said bank, a Certificate of Mailing. Plaintiffs' counsel received the Green Card from Matthew Gamber, who signed for the delivery on July 31, 20 Plaintiffs' counsel also received the Certified Green Card from Garnishee / Defendant PNC Bank. The card was signed on July 21, 2012 by Ellen Laubach, Assistant Branch Manager. No other Certified Green Cards have yet been received. True and correct copies of the Green Cards received from Defendant, Matthew Gamber and the Assistant Branch Manager of Defendant / Garnishee, PNC Bank are attached tot e Praecipe for Judgment Against Garnishee, PNC Bank, Unliquidated In Amount, ma collectively as Exhibit "C". The Defendants were sent the above-referenced Praecipelat No.: GD-11-7342 the following addresses: 1. Confit on Market, LLC, t/d/b/a Confit French Bakery 304A N. St. Johns Road Camp Hill, PA 17011-6820 (Via Certified Mail and U.S. Regular Mail Certificate of Mailing) 2. Matthew S. Gamber 1511 Penn Street Harrisburg, PA 17102 (Via Certified Mail and U.S. Regular Mail Certificate of Mailing) 3. Matthew Black 211 Harbour Drive Anderson, SC 29625-6014 (Via Certified Mail and U. S. Regular Mail Certificate of Mailing) 4. PNC Bank 105 Noble Blvd. Carlisle, PA 17013 (Via Certified Mail and U. S. Regular Mail Certificate of Mailing) I verify and attest that the facts contained in this Affidavit are true al correct based upon my personal knowledge, information and belief. Dated: ?d1 SWORN TO AND SUBSCRIBE BEFORE ME THIS 204 LINDA DE NERO KRAHE, ESQUIRE Counsel for Plaintiffs, C.A. CURTZE CO., INC., a Pennsylvania corporation and SPECIALTY STEAK SERVICE, a wholly owned subsidiary of C.A. CURTZE CO., INC., DAY OF , 2012. pwv l (". e ?e7 1?Y71 - TA Y PUBLIC MOMwIM. M? OO?M ? ?i1?1?N ?11MLl? MME.. ?Lls?AIMI? O?IM'1'll IA bomborlow 04V ML !!M IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Civil Division C.A. CURTZE CO., INC., a Pennsylvania Corporation and SPECIALTY STEAK SERVICE, 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/dlb/a CONFIT FRENCH BAKERY, an Unregistered Fictitious Name and MATTHEW GAMBER, a.k.a. MATTHEW S. GAMBER, a.k.a MATT GAMBER, Individually and as PERSONAL GUARANTOR AND, MATTHEW A.. BLACK, individually and as PERSONAL GUARANTOR, Defendants, vs. PNC BANK, ,_ No. 11-7342 Civil =~ ~- -~ _M1~ i ~ _ I-,-; { PRAECIPE FOR ENTRY ~=~ -~ i OF APPEARANCE '" ~ ~``~ ~ = ~ -: ~.7 - ~.,.: Filed on behalf of Garnishee/Defendant, PNC BANK Counsel of Record for This Party: TUCKER ARENSBERG, P.C. Gary P. Hunt PA I.D. No. 23556 1500 One PPG Place Pittsburgh, PA 15222 Telephone: (412) 566-1212 Garnishee/Defendant. Christopher E. Fisher PA I.D. No. 201395 2 Lemoyne Drive, Suite 200 Lemoyne, PA 17043 Telephone: (717)234-4121 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Civil Division C.A. CURTZE CO., INC., a Pennsylvania Corporation and SPECIALTY STEAK SERVICE, a wholly owned division of C.A. CURTZE CO., INC., Plaintiffs, No. 11-7342 Civil 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 BAKERY, an Unregistered Fictitious Name and MATTHEW GAMBER, a.k.a. MATTHEW S. GAMBER, a.k.a MATT GAMBER, Individually and as PERSONAL GUARANTOR AND, MATTHEW A. BLACK, individually and as PERSONAL GUARANTOR, Defendants, PRAECIPE FOR ENTRY OF APPEARANCE vs. PNC BANK, Garnishee/Defendant. PRAECIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter the appearance of Gary P. Hunt, Christopher E. Fisher and Tucker Arensberg, P.C. on behalf of the Garnishee/Defendant, PNC Bank. 2 Respectfully submitted, Dated: 08 i3 ~Z- TUCKER ARENSBERG, P.C. o,>:.> ,, ~ stopher E. Fisher A I.D. No. 201395 2 Lemoyne Drive, Suite 200 Lemoyne, PA 17043 Telephone: 71,7-234-4121 Facsimile: 717.232-6802 Gary P. Hunt PA I.D. No. 23556 1500 One PPG Place Pittsburgh, PA 15222 Telephone: (412) 566-1212 Attorneys for Garnishee/Defendant, PNC Bank 3 CERTIFICATE OF SERVICE AND NOW, this ~.~~ ~ day of August, 2012, I, Christopher E. Fisher, of the law firm, Tucker Arensberg, P.C., attorneys for Garnishee/Defendant, PNC Bank, hereby certify that I have this day served the within document by depositing a true and correct copy of the same in the United States Mail, first class, postage prepaid, at Lemoyne, Pennsylvania, addressed as follows: Linda DeNero Krahe, Esquire 186 Castle Shannon Boulevard Pittsburgh, PA 15228 (Counsel for Plaintiffs) Confit on Market, LLC, t/d/b/a Confit French Bakery 304A North St. Johns Road Camp Hill, PA 17011-6820 Matthew S. Gamber 1511 Penn Street Harrisburg, PA 17102 Matthew Black 211 Harbour Drive Anderson, SC 29625-6014 H BG DB:128960-1 999999-999999 4