HomeMy WebLinkAbout12-6985BUCHANAN INGERSOLL & ROONEY PC
Christopher P. Schueller (PAID 92746)
Kelly M. Ariosto (PAID 306473)
301 Grant Street, 20`~ Floor
Pittsbnrgh, PA 15219
Tel: (412) 562-8800
Faz: (412) 562-1041
Email: kelly.ariosto@bipc.com
CITIZENS BANK OF PENNSYLVANIA,
Plaintiff,
vs.
TRUCK & MOTOR COMPANY, INC., and
BILLY WARD,
Defendants.
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Attorneys for Plaintiff Citizens Bank of
Pennsylvania
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
CIVIL DIVISION n
DOCKET NO.: ~o~- (pq~J~ ~iVl ~~~~
NOTICE TO DEFEND -CIVIL
You have been sued in court. If you wish to defend against the claims set forth in the
following pages, you must take action within twenty (20) days after this complaint and notice aze
served, by entering a written appeazance personally or by attorney and filing in writing with the
court your defenses or objections to the claims set forth against you. You aze warned that if you
fail to do so the case may proceed without you and a judgment may be entered against you by the
court without further notice for any money claimed in the complaint or for any other claim or
relief requested by the plaintiff. You may lose money or property or other rights important to
you.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO
NOT HAVE A LAWYER, 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
32 South Bedford Street
Cazlisle, PA 17013 /~
1-800-990-9108 (~J
(717) 249-3166 ~fo3.'~5 Pa A-r>~
~~ i 1s8~
Atto y for Pl ' ff
BUCIsiANAN INGERSOLL & ROONEY PC
Christopher P. Schueller (PAID 92746)
Kelly M. Ariosto (PAID 306473)
301 Grant Street, 20`" Floor
Pittsburgh, PA 15219
Tel: (412) 562-8800
Faz: (412) 562-1041
Email: kelly.ariosto@bipc.com
CITIZENS BANK OF PENNSYLVANIA,
Plaintiff,
vs.
Attorneys for Plaintiff Citizens Bank of
Pennsylvania
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
CIVIL DIVISION
TRUCK & MOTOR COMPANY, INC., and DOCKET NO.:
BILLY WARD,
Defendants.
COMPLAINT
Plaintiff Citizens Bank of Pennsylvania ("Plaintiff'), through its attorneys Buchanan
Ingersoll & Rooney PC, for its verified complaint, alleges as follows:
PARTIES
1. Plaintiff is a Pennsylvania state savings bank with an address at 443 Jefferson
Boulevard West, Warwick, Rhode Island.
2. Defendant Truck & Motor Company, Inc. ("Borrower Defendant") is, upon
information and belief, a Pennsylvania corporation with an address at 835 Pear Street, Lemoyne,
PA 17043.
3. Defendant Billy Ward ("Guarantor Defendant," together with Corporate
Defendant, "Defendants") is, upon information and belief, a Pennsylvania resident with an
address of 6017 Wertzville Road, Enola, Pennsylvania 17025.
1
JURISDICTION AND VENUE
4. This action arises under the laws of the Commonwealth of Pennsylvania and is
within the subject matter jurisdiction of this Court.
5. The Court has personal jurisdiction over Defendant pursuant to 42 Pa. Cons. Stat.
Ann. §5301 (West 2009).
6. Venue in this Court is proper because, inter alia, the cause of action arose in
Cumberland County, Pennsylvania and Defendant conducts business in Cumberland County.
BACKGROUND
7. On or about December 29, 2008, Defendants submitted that certain Business
Credit Application ("Application") to Lender pursuant to which Plaintiff extended Corporate
Defendant a line of credit in the original principal amount of $100,000 (the "Line of Credit"). A
true and correct copy of the Application and approval is attached hereto as Exhibit A.
8. The terms and conditions of the Line of Credit are governed by that certain
Business Credit Line Agreement ("Loan Agreement"), a true and correct copy of which is
attached hereto as Exhibit B.
9. As security for the Line of Credit, the Guarantor Defendant personally guaranteed
the obligations of the Borrower Defendant under the Line of Credit. See Exhibit A
10. The Borrower Defendant defaulted on its obligations under the Agreement by
virtue of its failure, inter alia, to make the required payments due thereunder.
11. Upon the occurrence of an Event of Default, Plaintiff is entitled to collect costs of
collection, including attorneys' fees, expended in enforcing its rights and remedies.
2
12. As a result of Borrower Defendant's defaults, the Guarantor Defendant is required
to pay all amounts due and owing under the Agreement. The Guarantor Defendant failed to
make such payments and is in default of his obligations as Guarantor of the Agreement.
13. Following the default, on or about October 2, 2012, Plaintiff caused a notice of
default and demand (the "Default Notice") to be delivered to the Defendants. A true and correct
copy of the Default Notice is attached hereto as Ezhibit C.
14. The Default Notice stated, in relevant part, that as of September 27, 2012, the
total balance due under the Line of Credit was $98,447.92, comprised of $94,952.48 in principal,
$2,936.94 in interest, and $558.50 in fees, plus interest accruing thereafter at a per diem rate of
$19.12.
15. As of November 6, 2012, the total balance due and owing under the Agreement
and for which Defendants are liable is $99,633.50, comprised of $94,952.48 in principal,
$4,122.52 in interest, and $558.50 in fees, plus interest accruing thereafter at a per diem rate of
$19.12 from and after November 6, 2012.
COUNTI
(BREACH OF CONTRACT)
Plaintiff v Borrower Defendant
16. Plaintiff repeats and realleges all prior allegations.
17. Borrower Defendant has failed to pay all of the amounts due and owing under the
Agreement and thereby is in default of its obligations thereunder.
18. Plaintiff has fully complied with its obligations under the Loan Agreement.
19. Under the Loan Agreement, Plaintiff is entitled to recover costs of collection
incurred by the Lender including, inter alia, attorneys' fees.
3
20. Plaintiff has been required to retain the services of an attorney to represent it in
this proceeding and is entitled to recover its costs and reasonable attorneys' fees.
21. Based on the foregoing, Plaintiff has a cause of action for breach of contract
against the Borrower Defendant for the balance due and owing under the Agreement in the total
amount of $99,633.50, comprised of $94,952.48 in principal, $4,122.52 in interest, and $558.50
in fees, plus interest accruing thereafter at a per diem rate of $19.12 from and after November 6,
2012 and attorneys' fees and costs of collection.
COUNT II
(BREACH OF CONTRACT)
Plaintiff v Guarantor Defendant
22. Plaintiff repeats and realleges all prior allegations.
23. Borrower Defendant has failed to pay all amounts due and owing under the
Application and the Loan Agreement and thereby is in default of its obligations thereunder.
24. As a result of Borrower Defendant's default, Guarantor Defendant is obligated to
pay amounts due under the Line of Credit.
25. Guarantor Defendant has failed to pay all amounts due and owing under the
Application and the Loan Agreement and thereby is in default of its obligations thereunder.
26. Plaintiff has fully complied with its obligations under the Loan Agreement.
27. Under the Loan Agreement, Plaintiff is entitled to recover costs of collection
incurred by the Lender including, inter alia, attorneys' fees.
28. Based on the foregoing, Plaintiff has a cause of action for breach of contract
against the Guarantor Defendant for the balance due and owing under the Line of Credit in the
total amount of $99,633.50, comprised of $94,952.48 in principal, $4,122.52 in interest, and
4
$558.50 in fees, plus interest accruing thereafter at a per diem rate of $19.12 from and after
November 6, 2012 and attorneys' fees and costs of collection.
COUNT III
(ACCOUNT STATED)
Plaintiff v Defendants
29. Plaintiff repeats and realleges all prior allegations.
30. Plaintiff caused the Default Notice to be delivered to the Defendants on or around
September 6, 2012.
31. The Default Notice stated that, as of September 27, 2012, the Defendants were
liable to Plaintiff in the amount of $98,447.92, comprised of $94,952.48 in principal, $2,936.94
in interest, and $558.50 in fees, plus interest accruing thereafter at a per diem rate of $19.12.
32. Defendants retained the Default Notice without objecting to the amounts stated
therein due and owing.
33. To date, Defendants have refused to pay to Plaintiff the amount due and owing
under the Line of Credit.
34. Based on the foregoing, Plaintiff has a cause of action for account stated against
the Defendants for the balance due and owing under the Line of Credit in the amount of
$99,633.50, comprised of $94,952.48 in principal, $4,122.52 in interest, and $558.50 in fees,
plus interest accruing thereafter at a per diem rate of $19.12 from and after November 6, 2012,
and attorneys' fees and costs of collection.
COUNT IV
(UNJUST ENRICHMENT)
Plaintiff v Borrower Defendant
35. Plaintiff repeats and realleges all prior allegations.
5
36. Borrower Defendant has been unjustly enriched by its ability to draw on the Line
of Credit provided by Plaintiff to Borrower Defendant to the extent of the amounts due to
Plaintiff thereunder.
37. Based on the foregoing, Plaintiff has a cause of action against Borrower
Defendant for unjust enrichment in the amount of the balance of the Line of Credit, $99,633.50.
[remainder intentionally blank]
6
WHEREFORE, Plaintiff respectfully requests that judgment be entered in its favor (a)
and against the Borrower Defendant, Truck & Motor Company, Inc., as follows:
(i) The outstanding balance due under the Line of Credit as of
November 6, 2012 in the amount of $99,633.50, comprised of
$94,952.48 in principal, $4,122.52 in interest, and $558.50 in fees,
plus interest accruing thereafter at a per diem rate of $19.12; and
(ii) An amount equal to costs, expenses, and reasonable attorneys' fees
incurred by Plaintiff in enforcing its rights and remedies under the
Line of Credit; and
(iii) For other and further appropriate relief.
(b) and against Guarantor Defendant Billy Ward as follows:
(i) The outstanding balance due under the Line of Credit as of
November 6, 2012 in the amount of $99,633.50, comprised of
$94,952.48 in principal, $4,122.52 in interest, and $558.50 in fees,
plus interest accruing thereafter at a per diem rate of $19.12; and
(ii) An amount equal to costs, expenses, and reasonable attorneys' fees
incurred by Plaintiff in enforcing its rights and remedies under the
Line of Credit; and
(iii) For other and further appropriate relief.
Dated: November ~, 2012 BUCHANAN INGERSOLL & ROONEY PC
C~ristopher~. Schueller,~Fd. Id. No. 92746
Kelly M. Ariosto, Pa. Id. No. 306473
One Oxford Centre
301 Grant Street, 20th Floor
Pittsburgh, PA 15219-1410
Tel: (412) 562-8800
Fax: (412) 562-1041
Email: kelly.ariosto@bipc.com
Attorneys for Citizens Bank of Pennsylvania
7
UNSWORN VERIFICATION
I, Leslie A. Palumbo, hereby state, subject to penalties of 18 PA.C.S. § 4904 regarding
unsworn falsification to authorities that I am an officer of Plaintiff Citizens Bank of
Pennsylvania, that I am authorized to make this Verification on Plaintiffs behalf and that the
averments of facts contained in the foregoing Complaint are true and correct to the best of my
knowledge, information and belief.
Dated:
~ _
Leslie A. Pa o
EXHIBIT A
DEL` 29 2008 1:09PM HP LRSERJET 3200 p.2
12/291x'009 12:41
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Citizens Bank Y' t E ° "~, ~ ~,B~si~?~sSCred~`A~~j~i~ati~n'~
For Bank Usa Only: Brench Sales Pereen Name; SaestD: BBO Nerre: DOUGLAS D COLSON 6n(i Olncer ID: uuta~il BBO SamstD:
Brantlt ~~;CEDAR CLIFF Branca #; 290 Branch Fez #: (717) 731<858 phcee; (717) 437-1548 CeA Phone:
Applbatbn Wsrbmiaebn? ~ Yes Q No TNmLeatlsr: RANDALL SEAMAN
~.. ~ Bus;nnss lnf xhia~pn - -. ~Credit Raqu~at fniumia~bn
RU -.. S 1.h1 ut ,. ~.~;, r, ui~. ~ ..____ _..__.. ~..__i., ..~._ .., .,, .,,, ,,.,,aced by real ese,~. Please pmvwe provaty aucress:
age me un es are
Please check if loan/ line is to be seared by a business savings acct (Exclude MasterCard)
e scan
835 D PEAR ST. LEASE Please pmvitle axwnt #
F Inya s to r i t oe Terence T01
nnapa ace usmess rasa no ease « n ~-
LEMOVNE Pq 17043 z Type: ^r New ~ Ina~se
~- ~ -nom rays
(717) 730.9680 250005051 ^. Business Credt Line ^ P 8 I
rrsuess ex um ~ Interest Only _
Qx Yes, please aurometicalry deduct payments from Cittrans Bank huairess ateacktg acceunt Workitg Capital
6100111814 F« tip bans/ Imes except Business MasmrCartl antl Business Overeraft Roteclion, ^ Business Loan Tem1:
Me iMaest rate wa be reduced by one p«cent (1%) as long as payments are eulomaacally deauaetl. ^ Flatc Loan option
No, do na eurometicegy deduct peymenb f« Mis ben/line -
OM«Comments in support d request Please anti comments to vbibb area. Bumrosa B'abg: Rewards
^ ~~~ ^ Canacitleled ^
^ Indvaual ^
^ Business OverdreR Rotecaon
_.. _ ___. ___ Total RaqunL
Buana.i stir.
PA
S:.r, ~, ~S.i~
e ncorpore « eg v a o ~uanesa ce ua avenue as r on as x re rn
s c«poretion ''Bus. Org.' is Required $185,000.00
Business Organiration uslness a on
DIESEL PART SUPPLY, AUTO REPAIR, 31GNITION INTERL CITIZENS BANK
o esa aervxe grpa ~
Amount
5100,000.00
ncerre as - on s x
5
um yeas
Ezeluding this transaction, what Is the TCC for this euslomer7 Q $0 Q <= $t00M Q $100M<>=$250M Q $250M<>=$500M Q >=$500M
Plsase Mswer All Ouestlons: If you answer yes" to quptbns 1 2 or 3 please explain
1. Is the twslness or any pnnapal cutrenHy mvoHed In any gtjgatlon or any other legal claims? ^x No ~ res
2. Has the business or any pdndpel ever declared bankruptcy? ~x No ~ vas Ont
3. Are any Bustrtess, Payrdl, Personal, or Real Estate taxes currently past due? ~ No ^ res Ampunt
4. Is the a>rllpany in good standing wdh your Secretary of State? ^a vas ~ No
- ~ n___ ; ~, ,..: uarorrMro Irttortnatlori' (My piiioh owning 2g%~or moo of the business must sl0ri as guarantors)
BILLY WAHD PRESIDENT
yne I time
100 03/72/1955 25596-0224
~- 4 aeo
6017 WERTZVILLE RD
ENOLA pA 17025
~ SFale - -~lp~-
(717)732-1155
a one
$97,112.00
arson nrome eraona pos a nves en
PNC
acre n9 ns
Qx Own Home ~ Rent Home 20
um sera
$160,000.00 $57,000.00 $750.00
e v ue es ante un an ren « ge
Issue Business MasterCare7
N yea, motfera maiden name;
Ves Cartl Limit
nua arson ncome arsons as an nves
time en ng ns
Own Home ~ Rent Home
um r ear a ress
va ue m u m cart « age
Issue Buaness MasterCare7 ~ Yes Card Limit
M vas. moMSra maltlan rreprr. _
Please Ifst All ~7a1-Grnrontoi owiNrship (must b~ less then 20%)
~- i` m r time um
m me m
~~Corrtplate for Business MastelCaW Only
Marna oft um
time um r
Ne" New
nloaease time _ --- °In«~ae a name
m .., AuiHiorlaatl~7i%+9m+!^~,t ls!Oftahi'ia ~.gDlr.d on ash sseUonf
'DUE TO THE PASSAGE OF THE "USA PATRIOT Act WE ARE REQUIRED TO NOTIFY OUR CUSTOMERS OF THE FOLLOWING:
VERIFICATION OF THE CUSTOMER IDENTITY - Fetleral laws tire regule0orrs requrce us b request Idametion from you prior ro opening en accerrnt or atlding an atldtional eignebry to an acceunt.
The inmrmation
we request may vary deperaing on ate arcumamrxes, but at a mwmum, will inartle gar came, address, an itlentiftcetbn number such as your social sewdry a mzpayy roentlficatlet numb«, and
fa bdNauals.
your date of bkM. We are aYo required m verity Me inf«matim your provide us. This venfiration prooBSS may requke you b prwbe us wiM supporting doaments Mat wa tleem appropnam. We may
also seek b
yerdy d» btormalian Dy Deer means we reserve rtghl ro request addili«wl Mamaaon andlor alprebrre trap ya, tram ante ro tkne.
The wads you' and your mean seat peroon sipylg below, on bMerc d the applicant ('Bonower) antl as a Guarenla (as defined in Ihe'Persdel Guarenry' bebw), tint ate words 1ve', "our, and
•us• mean the
Citizens Bank afigem m wMCh tie above 9uehess aeaa Applbaaon (•Applbation•) and Pereonal Guarenry are sulxnemd end Its alfigams, successes anti assigns. va, cerery net you hays rue awenry
to as a,
Denali of tie Borrower and Mel aN d the bf«matim b are Appecatia, is Due and correct in el respecm. Ycu uM«smnd that Me rnakkg d a false smlement or mamdY omission inteneed ro conceal
a pertateM fact
by a ktan epplicertl may ba a «kne requkkg retyrot m appraprmte law edorcement aumodaes. rou eutiedze ua m verity any bbmetim (inauding tax mromlatbn) previded in correction wiM ate
Application. you
auaer¢e us ro obtain oreait intormatlon fiom any source (Inckaing but na Wngetl b canwmer repyts tram conwm« reporting agertdes) about you indvieuagy (as auMaized aign« ytNa as a Guerenla)
and as
Baravy in connection wah the Appricetion arW Me atlminiatratim of any «edil reality Mal may be grantetl as a resua d Me Appgeatim, to eta exmnt nor prohibited by law, The Apptiraaon
wig be our property
wlen,er « nd yedt Is grentetl. rc we approve rte Appecatia,, Me tobwing orbs wig appy: (1) rc you Heys epdbd r« a Business credo Line, you wit receive a Bos:tess cretln Line Agreement
anti welcome Lea«
dceting rte credo limn emetic, k,itial k,mreat ram and other terms era Cyaltims d Ma eucinesa credo Line. (z) tf ya, nave applied f« a euebesa term Loan. you must sign a prattisaery
note (•Nae") anti rte
Deer remtetl documents in ceder b abmkt the ban proceerk. (3) rc you nave applied to a Business MasmrCaa account, You wa receive a MasterCaM Busmeae Credo Cab Apeemant (•Mastercere Agreement')
in
seperem magatg. (5) I you have ~pgetl fp a F~«l~n Ezrh t Certl(s). (4) If you have appged mr an Overdah Lino d Credo you wgl reariw an OvaMaR Line of Credit Agreement ('Ovamma AgraemanC)
in a
dg tinge Atlvisory Lbe (Fx L'me'), you have received a aeparem Agreenent Regarding Foreign Exchange Trensaabre (•Fx ApeyrenC). (6) The tekrng d an
advance on ate BuBireas «edl arts, the Buaktass Mas[BrCartl Cretlft Cent acceunt y tie Overdaft Doe d Credt or BxeW tlon d a fratle egaket ate Fq( Lima wa mnayw accepmnce d ate lrredf
fetlGry a fedities
as applicable. Once aceepmtl, each Borower end each Guaranty encase m ba hand by the terms date Business Credo Line AgreemenR MasterCyd Agreement and/or the Overdaft Agrewrertt gok,tly
a
seyereey Me •Apeemengs)•), wghwt canter sigrea,re, anti pranises m repay tie advances made ender Me mm,s d Me Agreements rererertpaa above, logeaer wiM inmrast a, each aavartn»s m en
Mrerest rate
equal m (I) br the Brab~s Credt L'ne and Business MasterCard, eta Prkrte Ram pubgshed b The Wag Street,bumel plw ate Margin set mm, in tie Agreement(s) (which Mmg'at wfe be a maximum
d 8% par
annun); and/« (ii) fa ffta Overdraft Una of Credit, eighteen portent (18%). If we elect m inches Me Barow« in cur SBA (U.S. Smae easiness Atlminisbatbn) Loan Program, ya, aunerize us
m aubnat an sBA ban
applicatia, on ya,r Ixrterc oabg eta brametla, cmteinedn Me Application anti Deer btmnation oyafnetl es aoMortzed by Mis Aon,odzation Agreement Adaltionaey, tie also nays Mad pony remtionsnips
wiM
certab canmunity development egencba Met provide aetlN and/or mcfirtical assiamnce m applkanb. It you do not meet o« «edit «aerte, we have ate discretion ro ref« your appgcation m such
acrd parties. awe
dgof~~ Maize us ro sulxnd a ben application m one «mae d ease agenaes m your behalf uskg Me M ation cenminetl in tle Applice6on antl other imomretbn obmined as auManzetl by Mia Audlodzation
9
u o goer ~ u or¢ ~
Authaizetl Signets Drivers license # : Aumor¢etl Signets Drivers gcense # : '
PERSONAL GUARANTEE (This guaran a
The persm(s) skintrtg bekwr (each a'GUarenror) k an own« d a atltenvise atNiemd wiM ate Borrower. The Guarani«, and ce h d Mem jabtly eM sev«aey it more tltan one. unconditiortaty guarentees
ant
pranises m pay tie Present ant firNre obggations d the Barow« ro us. Obligetiorx itcAae all obegatims d ate Borrower ro us nav ea a hereinafty tins' orated knimtion, the
cenrection wIM Me f«egoirg Busirteas Credo Lino Agreement, Mae, Overyaa Agreement, F/%Agreentent, MasteCard A _ oDggalions enakg undy or in
approved. together wiM a1 remted tlocunerns (Me'DOCUmena"). The Guyant« may termbam Mis Guaranty by written not~a~a tro us (but sum mrmataaa,~ berme re~ca~ve a,ry a,e~ndr~ed aroma tr~ry
~12o)absdeagyuse
actual receipt by ua era wig not be eaectlve as b any Ohgge6ore oummMkp at tie eRective dam of tie mrmine[ion.
The Guerenl« eccepm and agrees ro be bound by tle Douornenm. Tha GuareMOr wahes a^Y rlgM ro receive a sepyate copy d Me Doaments kldutlbg Me AuMOnzation Agreement. We maY ameM, mafry,
«
eaene tle Apeemenm; are Davmenm antl pact a^Y enter indulgences m tie Bartower «arry co-Guarenty (intludrg, but rot Invited m releasng arty a aq d Mom) witleut releasing a modifying
tle obligations of
D~ arty cede for Me Oe Doris ~ reW kemena of notice. accepmnce, demand, presenment, Promat and any enter tldenae tlet may be aveimbla ro a 6uerenlor. The Guerenmr shag be tlkectly and
ig lobay tire eeeraay wiM the eorrowy and any aMy Guerenty. The Guarantor grants ue a right of setoff against all deposits antl property d Me GUarenror now «hereeft« in our «
one d oy dfifiale's pOSSeaslgn witltwt regard m the atlequecy d arty ceeaterel. No modifi®tbn a wafv« d arty proviyon of Mm Guaranty wa be eRective unless in wdtirtg aipnetl by us. This
guarantee shaA insure m
ro Me benefit of any subsequent bottler d th DoaneMa, b bmraetl ro rake efteU as an instnxnent antler seal, antl shall be governed Dy Me law or the state which governs Me Dowments.
BILLY WARD Guarentors Nerve
(please pant) Dele:
Guarenla's SigreWre Guarantor's Ddvets Dcense #
Guarantors Name (phase print) Dale:
uaren[a's SignaNre Guarantors Drivers Uamse # .
j~ Citizens Bank 1 Citizens Drive
Riverside, RI 02915
December 31, 2008
TRUCK & MOTOR COMPANY, INC.
835 D PEAR STREET
LEMOYNE, PA 17043
Application #22102
Congratulations! We have approved your recent request for a Citizens Bank Business Credit Line Account
("Credit Line") with a credit limit amount of $100,000.00. Your Annual Percentage Rate will be based upon
an Index as outlined in the enclosed Business Credit Line Agreement ("Agreement") plus a Mazgin of 2.00%
please read the Agreement carefully before using the Business Credit Line Account. This document is
incorporated by reference into the enclosed Agreement and shall be considered as a part thereof.
For your convenience, we have enclosed a book of temporary checks. You may begin to utilize these checks
immediately. A Business Credit Line checkbook has been ordered for you and you should receive it within 10
to 14 days.
If you have any questions concerning your Credit Line, please feel free to call us at
1-800-4-BUSINESS.
Thank you for choosing Citizens Bank as your Business Partner
Citizens Bank of Pennsylvania
Small Business Lending Center
Enc: Business Credit Line Agreement
SBWelcomeRev. ]0/07
EXHIBIT B
:. c. ._......
Citizens Bank
BUSINESS CREDTr LINE AGREEA~NT
LENDER:
^ Citizens Bank of Rhode island Citlsens Bank New Hampshire
Street
^ 875 El ClHzens Bank of Pennsylvania
0 1733 Merkat Street
1 CHlzane Plaza
Providence, R102803 m
Manchester, NH 03101
i Phlledelphta, PA 19'03
^ Citizens Banl~of Connsctleut
lit D
i
e
0' ^ Citizens Bsnk of Massachusetts
te Street
28 St ^ CWzena Bank
t, Suite 200
~
E 19 0
r
v
a
63 Eugene
New London, CT 06320 a
Boston, MA 02708 1
Wflming
ton DD
^ If checked ]sere, this inert is guaranteed by the Small Business Administration ("SBA"}.
Thte Business Crodit Line Agreemrnt (the "Agreement") sets forW the terms of a credit lino ("Credit Llne') established under a latter
("Approval Lelia"} from the Lender ("Lander", "we", "us" or "our' identified above to m applicant (the "Borrows" or "you"), The
Borrower hoe submiHat an application ("ApplicatIon") fez the CraUt Line wbkh taco rates the tatrna of this Agreement by raferenca to
evidence the obligation ro repay sums advmxd under thn Credit Line. Certain petao~ ('GUazantor") have, or may in'tbp future,
guaranty obliget(One under this Agroemant. The Borrower and any Ouaraotor Irtevoceb y accept the terms of the Appmvgl Letter and Htis
Agreement by the Borrower taking an advauce ("Advance") under lhu Ltedit Line. The words "you" and "yours" meant Borrower, and
each of them if mars thou one, and "wa," "our," end "us" mean We Lender, The term °Lomr Docnmenle" means the Applkadon, this
Agreement; the ~pprovnt Lefler, any guaranty end any attar documents executed in coonectlon with the Credit Lina.
7. Credit Limit« R+e Lave established a LtMlt Line for your short-term bortowtng needs with a limit (the "Credit Limij") set forth in the
Approval Letter. Tlu Credit Limit to the maximum prlncipd amount:you may Nava ouhland(ng under the Credit Lice at Any lime. Wo
resorve the righti.in out sole diseteBon, ro reduce your Credit Limit of tenninete your Credit Line as provided below. ,
2. Purpose. Tltie Credit Llne is for bustneea pnrposea only, and may net ba used for consumer, household or other perg}}anal purposes.
3. Lonna. (a) N(e agree to make Advances ro you until We occurrence of as Event of Default (as defined in Peragrapli 17, below) or
notice of temiinatioa of the Credit Line; prov[ded that the aggrogaro frlnclpal amount outstanding does not exceed the Cr&1H Limit. You
agree to repay Wb Advances in accordance with this Agreement
(b) Letters of Credit: If them is no Default undo this agreement, borrower shell be entitled ro request that rho Lender issue
commercial or standby letters of credit water this Agreement (subject to the limitations dnsrribed above) pursuant to the following
wdditlons:
' dor to Default or demamd hereunder, the
() Issuance of Letters of Credit From t(ata to time oq any business day occurring p
Borrower may request the issuance of wrmnarclel or standby letters of credit (each n "Letter of Crcdtl" end collectlvely, " Hera of
(kedit") for its own amount to reaptxt of obligadons of the Borrower in slated face amounts (each such stated flce amo trot to be less
than 57,000) requested by the 17ocrosver on such day with an expiry date not later Wan the earHar of one yaer from the date of suck
issuancei or extend the expiry date of an existing Letter of Credal previously issued haeuoder ro a date not !afar Wan one j'ear from the
data of such extens[on.
i
No issuance or extension of a Latter of Credit shall be made if; niter giving e@'ect Wereto: (a) the eggrcgate face amount of all
outstanding LetfErs of Credit, P!~ (b) We aggregate outstanding pr)defpai amount of all outstanding advances under this'Agreement L
eroata Wan {c) the pdndpal amount of Wis Agreement
To request Wo issuance of a Letter of Credit (or the oxtenstoa of en outstatxiing Later of Credit) We Borrower shall hand ttelivar to the
Lender anotlco roquecdng We issuance of a Lotter of Credit, or identifying the LeHet of Credit to be extended, the date oi!issuauco or
extension,llsa data on which such Latter of Llsdit Is ro expire (whioh shalt wmpiy sviW the limitations set out above) as well as
submitting the appropriate letter of credit application on the Lender's standard tbrm. '
By requesting the issuance of a Letter of Credit (or the extension of ea outstanding Latter of Credit), end by etgn{ng the LFader's standard
form of fetter of credit application, Borrower will be deemed ro have agreed to Wo lama of this section of this Agreement (captioned
"I BTfER3 OF CREDIT").
Each Letter of Credit Issued by We Lander shalt be, is adNtlon to the forma hereof, subject ro fha terms erd conditions of any fora of
[ester of nadir application or other agreement submitted or entered into by the Borrowerln wmteetlon wild We issuance of airy Letter of
Credit hr We event of any inwoetriency behveea We terms and woditlona of this Agreement, Use LoanAgreement, and the htms of any
form IeHa of credit applicator or other agreement submitted or enteled taro by Wa Borrower to eonnectton wild the issuance of any
Letter of Crodiy the terms and condition of such taus of credit applieatlon or older agreement shall wntrol.
(In Avaliahle Credit The credit available under this Agreement shall be reduced by We amount of ell issued cud outstanding
Letters of fkedit In We avert Wet rho Lender pays any draft undo any Lslta of Credit, the Lender may charge the amount of such draft
as an advance under Wa Agreement, and such advance shell bear Interco under and be aubJeM to all of Wa other terms of this Agrcamont.
(iiQ Retmbvraement. If tho Lender shall honor or otherwise make any dlsbursomeot in respect of a Letter of Credit, the
Borrower shall reimburse the Loader in Wa ihll pdndpal amount of such disbursement by paylag to the Lender ea amount equal ro such
disbwsement not Inter than We close of business on We day such disbursement is roads. NotwiHsslanding We foregoing, We Borrower
may, subject to the terms and conditions ofthis Agreement, regaeri that such mimburcement paymatt be financed by means of an advance
hereunder. The Borrower adtnowledgca and agrees that the Leader is under no obligelba ro so honor coy such request and Wet Wtless
the Borrower chap reimburse the Lender in ftril oa the data such d[sbtusement is made, We unrrppaid amount Wereof shall bear interest, for
each day from and indudiag the data such un~reimbursed disbataement 1s made 1a but exciuding the darn that the Borrower reimburses
such disbursement, at We rata per amntn Wen applicable to advances hereunder.
(Iv) Letter of Credit Faes. The Borrower agrees to pay to Wa Lender a Letter of Crab[ ke In an amount equal ro We than
ap4licable innte~est rate for advances hereunder mutfipHed by the stated face amount of eU Letters of Credit outstanding, such fee to be
pard montlily in arrears in accordance with We payment schedule sU out below. The Borrows flrrther agrees W pay ro the Lender (i) at
the date of (x) the issuance of each Lefler oPCredit, (y) each increase to the stated face amount thereof std (z) sack extension (automatic
or oherwise) of the staled expiry data thereof, en tssumce dbe as prov[ded for in Wo terror of credit eppllcadon or other agreement
aubmiHed or errant Into by fha Borrower iu oonnactioa w1W such issuance, increase or extension, and (ii) all roasonnble web and
expenses incurred by the Lender in wnneclion wIW such Lefler of Credit
(v) Cash Co11a1cre11zaHon. If the Lender shall make demand hereunder or upon the occurrence of any Default, on the day
Wet the Borrower receives aotlces firm the Lender demanding the deposit of cash collateral, fha Borrower shall deposes hr an acwunt with
We Lends , to the name of and for the benefit of the Lender, art amount fn cyeh agrtal ro WO aggrogate attwimt of alt Letters of Credit then
outstanding. Such deposit shall be held by rho Lender as wilatenl fbr the payment end pafotmaace of fha obligations of the Botrowcr
wild respect to each outstanding Letters oPl'~edit, this Agreamnq tin Loan Agreement, and my appliatlon or agroement submitted or
entered taro by the Borrowcr in conneetlon with We Issuanw of any Letter of Credit. The Lender shall havo.axclus[ve doarinloa and
wutrol, including We exclusive right of withdrawal, over such account Older Ihaa intertat Barad on the htveslment of such deposits,
which such investments shall be at the opdon cad sole dlscret[oa of the Lander and at the Bonowa'a risk and expens0. such deposits
shat! not bear ivterat Interest or profits, if any, on such investmenb sladt amnnmlate in such acwvat Moneys In such account shall be
applied by the Lender ro reimburse the Lander for Lefler of Credit d6buraemaus for which Il has not bean reimbu[sed cad, ro the extent
not so applied, shall be herd for ibe satisfaction of the rohnbursement obllgationa o(the Borrower fir outstandhrg Letters of Credit, or, If
demand has been made hereunder, ba applied to eatiafy older obllgetloas of the Borrowerunder Wis Agroanent If the Borrower is
required to provide m amount of cash wllatenl heromder as a rault of the occurrence of a Default, and fha Lender shalt retrain from
demanding paym~t hereunder, such amount (to We extent not ~pt[ed as aforesaid) shell ba rctumed to the Borrower wiW[n 3 business
days after all Defaults have bean cured or waived.
SB].oC - Ob/05
Page 2
9. Fees, The following fees apply to yew Credit Line:
a) Paelragtng Fee.
Upon aaxptence of the Approval L.atte , by requesting an Advance or otherwise, you may be required to pay us a packaging foe of
5250 (less any tae paid to cronnactlonvdth the Applioattoa) by means of an Adverrco under the Credit Lino, wMch shall sot be subject
to any rctbnd upon term{netlon.
b) Annual Fea
On euh yearly anniversary of the data of this Agreement, you shad pay us an amusl fee of S 100 by means of an Advaaca undor the
Credit L1ne which shall ant ba subject to arty roftmd upon tenrrinalion.
c) Late Fea
!f any payment is not made within fifteen (15) days after it is due, you may be required to pay us a tale fen of (t) 535, or (ii) five
perant (SS6) of the overdue payment, whichever is greater.
d) CoRafdoa Feas.
if any payment is not made when due, you wilt pay us any reasonable collection costs including, but not lhnited to, legal fees end
murt costs.
5. Tntuest Rnte. The outstanding prhtoipel balance of each Advanw shall ben interest until paid at the Prima Rate plus a certain number of
percentage polnb (the'Mugin'~. Tha hritial Mugin is set forth in the Approval Letter acrd does not exceed night (eK) percent. "Prime Rate"
shall mean the prhae rate pubNched !n'fhe Well Strut 7otuaal as the proveUing prime rate et banks in the United States, o , it no longer
published, a elmilu rate determinal)loat a rnmmerelally accepted service chosen by the I-under. The Prime Rate fa a roference rata end dots
not necessarily repraseat the lowa+t or beat rate chuged to any oFow cusfomera. Interoat rate adjushtrents under this Agrcemant shall ba
etFecdve (~ with respect to the Prima Rate, on the soma date that an adjustment {e determined to have occurred, and (ii) with respect to any
Margin sQimlmont, on the date set tbrth 1n anotlce sent io you. Arty interest rate edjuatment shall bo appltcable to the satire balance
outstanding undor this Agreement, at well as to all Advances made theroefta ender this Agreement. For SBA guaranteed loans, the inlerost rate
will change on the Rrst day ofthe cateadu month tbBowing a chatge In the Prima Rate. This Iatarost refs change will not occur more often
than once each month. Interest shill be computed daNy oa the bests of a 365-day yen (3fi6 in any leap year) using the actual mtmba of days
elapsed. We rosy, within our sole discretion item time to time, but no sutler l6art one year from the date of the Approval Latta , increase or
decrease the Mugiu. Any ehaoge in the Margin shall be e8bclive upon sot less than thirty (30) days' antics to you. You may, at your option,
elect to terminate this Agroement rather than be bouml byy a change n the Margin. 7f you deal b terminate this Agroement, you must give us
written t»Noe ofyaur decision to do so before the e>3'eetiva date of the change end yon mtut pay all amounts outstanding under this Agreement
prior to the etRxdve date of the change, In PA, for business towns to non-corporation borrowers in amounts less thm or equai to S (0,000, the
maximum allowable interest rate is emrenNy 1856.
6. Payroeafr. Th[s Agreement is payable ON DEMAND. Udil damand Is made, you shall pay the principal and interest according to the
following aebedulo:
You must make rcgulu monthly payments on the date ("Payment Deter') set forth In your billing Statement The ftrst Payment Data will ba ore
month after Iha data of We Approval Latter and monthly on the same day of Nu month thereafter. tht each Payment Dale, you must pay the
follow[ng amountr.
^ Tf the box at the beghming of Nda paragraph is checked, your regnlu monthly payments will be equal to the sum of (a) accrued
interest and any other charge posted to the account et the close of the billing cycle, plus (b) any mrtonot which is pazt duo, plus
(o) any amotutt by which the outstanding principal balance of the Loene exceeds the Credrt Limit (exupt sa a result of a reduction by us of your
Credit Limig. This nriotmaar aroathly pa will not reduce the priaelpal that is outstanding on the Qedit Line, snd will result in groater
expenses ova the life of the Ctedit Lino txwuat. 1a addition to the miNmunt monthly payment set forth ebov0. You agree that at least once
during each 12 coruecutive calendar month period (beghmiag on Nte data of lire Approval Latter) you will roduco, for a period of 30 concecuNva
days, the principal bakmce of the Credit Line to not moro than fit13' percent (SO'h) of the highest outstanding principal balance on the Credit
Line for the preceding 12 ialendat months,
Unless the box at the begiming ofthe preceding paragraph has been checked, your regulu monthlyy payment will be et)ual m the sum of (e)
accrued interest and any other charges posted to the account at the close of the billing cycle, plus (b) principal in the mmrmum amount of (1)
5200.00, or (ll) two percent (2%) of the outstanding principal balance at the close of the biWng cycle, whichever is greater (however, the
minimum paymwt will navy exceed the entire amount outstanding}, plus (c) any amount which ~a past due, plus (d) any amount by which the
outstanding principal balance of the Loans exceeds the Credit Ltmft (except as a result of a reduction by us of your Crodit Limit).
You may make additional ropaymenta of principal at any Nme, but these additional payments will not release you from the obligation to make
payrrtarts op the next Payment Deto. Upon the occurrrnco of an Event of Default (as deBoed in Parngraph 17, below) or termination of the
Credit Line, all aotoant9 oufslaudiog ender the Credit Lme will be due sad payable in full. However, in ow Bola discretion, we may allow you
to pay the amouah outstanding ova a period of time ((""Bxteaeloa Agreement"). We wilt itMketa ow approval of an Extension Agreement by a
notation oa yew biting etdement or other written Atka Unlaea we {ndicate a dttRront arrangement in writkn mNce to you, an Extension
Agreement will rcquiro monthly payrrwnta on the Payment Date equal m the sum of a) accrued interest and other clrargea posted b your account
et the close oPyow billing cycle, phrs (b) one Ihirly-s[xth (1136th) of the ptincipal ce outstanding when we farninsbed Nre Credit Line, plus
(c) any amount which is past due, All outstanding amounts subjeM to an Extension Agreement will ba due and payable in lhll iFthese is s
subsequrnt Brent of Default. Any payment due on a Saturday, Sunday or othabaaldog holiday may ba made on the first day we era open after
Nre date due, but interest end nibs charges shall be computed through the data on which paymoat is actually made. All payments wig be made
to Lender at the address on the billing alalemeat fn lawlhl curroneY of Nte Udted States of America.
If you pay w with a check or simllu lnstrommt that has notations or insrucdona on or with the check, you ogres that (t) we may ignoro those
nolaNons and itrshuciktta except as expressly provided below; end (Ii) we may credit any payment we receive to your Credit Lini+ (Including a
check), and our crediting of that payment wilt not mean that wa have agreed to airy notatlona or instmclioas on or with that payment.
If you want to pay the outstanding bdanca of the Crcdtt Line Lr ftr/1 with a check er ahnilu inelrumeM that has such special notatons or
instructions on tt or with it, bur not close rho Crafll Line, you must send the payment (including specie! notatiana or instmeNons) to Loan
Operations, Citizens Bank, l Citlune Ddw, Riverside, RI 02915,
If you want to pay the Credit lino fn Jtdl with a check or simile instrument that hew such cpeaial notations w inshuctions on it or with ii, and
close tits Credlr Ling yod must send the payment (including epedal notations or instructions) to Loan Operations, Citizens Bank, 1 Citizens
Drlv0. Riversid0. R10291~".
if paymaat fir firU is recmWed at any other address, (i) we may ignoro any special notaNoas or iasWetions, and (ii} our credItiug any such check
or other instrument to the ~:redif Line does rest mean that we have agreed to the special notations or Ltstroctions,
i
7. Requesting Advances, You may request an Advance by using the special loan checks wa will give you.. The following roles apply to
your use of special loan shacks.
a) LosE or Stolen Speclsl Loan Checks. You agree to tell us If speolal loan checks era lost or stolen, or if you hatievo
someone is using your Credit Lhte without your pemrission. The fastest way to notify us of lost or stolen checks is ~Y calling
ue at 1-800-I~LTSINBSS.
h) Forged Sgeeiai Loan Checks. You agree that wa do not have to pay any of your special loan checks if we beileva the
signature on th¢ check has been forged, unless you tell vs to.
e) Poctdnted ~peciat Loan Cheeks, Ieyou data a special loan check with a data that is later than tba date oa which you
actually wrote the apedaf loan check, you agree that wo may pay the special lean check, even if we pay it or post it to yew
Credit Ltne on .a date which is sortie then the data on the special loan check,
d) Steppi1nngg PPymeut on n Specter] Loan Check, You caw azk us to stop payment on any special loan cheek you have written
that has ~t begn paid by calling ua at the telephone number shown on your statement. An oral stop payment order will stay in
eahct for fourteen (l4) days, noises you conilrm it in writing or tell ua to cancel it. You can confirm your stop payment
order by wrilin~ to us at the addross shows on your statement. A written atop payment request will stay in effect for six (e)
months, unless.you tell us to cancel it.
e) We Aro Not Liable. We wiN not be liable if anyone fails to honor a special loan check written by you.
Page 3
E) Paying Special Loan Checks in 8xcess of Your Credit Limit. Wa do not have to pay any special loan check that would
cause you to go over your Credit Limit. However, we may do so if sve choose.
g) Paying Special Loan Checks After Termtnatlon We will not pay arty additional special loan checks presented tb us far
payment after we send you notice of tom»natlon of the Credit Lino (ere provided m Parag ~diHonel lAd antes wo make toapaY
Credit Lme (as provided in Paragraph 14, below), you w11t be responsible for pays g y
special loan checks whkh ere presented to va for payment before wa have had a reasonable amount of lime to implement your
tetmination notice. Once we have implemented your temdnatlon notice, sva will not pay any additional special loan checks
procented to us for payment,
B. Debit. If you have so ind(cated on the Appplication and have completed m authorization on the form we provided to you, you authorize
us to debit your Cifluns Bank business checking ecconat with ua for all sums ({aclsding, without llmltatlon, principal, interest and fees)
payable under this Agreement sad the teen Documents; provided, however, that this provuwn shall not obligate ua to creole or allow any
overdrsR, and tlrreher PProvided that such autltarity shall rent rolieveyou of the obligntlon to assure that paytnenta aro made if them era trot
suffidont good fords in your account. Yon understand that in exchettge for your rartborizetlon lb deduct your payment+ from your checldng
account wa have reduced the {atereat rate payable under this Agreement by one percent (1°/.). I[you close your checking account, if you
revoke your wtho~zskon to debit peymenW fiomyour cheddttg eccouat, of if automatle payments are otherwise term[ for any reason,
we have the tight tb increase the Margin on your GYed1t Line by one peicent (1°1s), without any prior entice to you. Unless yments ere
merle by automaHQg~ doblt of your checking account, you must make paXments to Lender at the address on the billing sfateni t In lawful
currency oPthe Udited States of America.
9, BHltng Statements. Wa will provide }rou each month with a bik~ttg statement showing the Payment Date, the minirriltru amount due on
the Paymert Date, the current interest rate, any changes in the interest rata, any Advances, all payments made, the prindpalbalanca of alt
Advances, and other appropriate debits and credits. Ak eahies is youraccennt will be made in axordanen with our customary accounting
practices in effect Stem keno to tlme. Any failure to rowrd Advances, intrust or other charges or any error in so recording shall not limit or
otherwise reduce your obligations to us uncle[ the loan Dooamante. T$e balance shown on our most resent prinmutof your account, absent
manifest error or omission, will be presumptive evJdence of the eawutils due end owing by you to us under this Agroement.
10. Defadt Iahrest Alter the ocwrrence of an Hvent of Def>,ull (e~defined is Paragraph 19, below), and whether before or after a
Judgmetd is issue wa may impoaq fn our anti discretion, on all print cod othu smomb outstanding std payable undo the Loan
lbcamenW, inl t undl paid in PoII of the tats (the "Det?mit Itate7 of [bur portent (4.16) in excess of the rate described fn Paragraph 5
(above). For busbJns loans to non-wrporation borrowers 1n amounts lase than or equal to 310,000, the total maximum alloJvablo Interest mta
!s wtrenky 189~e.
It, bfnxlmum Rate of Tnterest All provlsioas of this Agreement itre expressly subject to the condition that, in no event shall the amount
paid or agreed to lie paid to us hereunder and deemed interest under appAgble law exceed the maxlmwn tale of interest etktttrod by
appkaab(a ia~v (th~'Maxlmum Allowable Rata"}. ]a the event that Niplhrtmd of etry provision of this Agroement results in a delermiaat[on
that the {serest rate hereunder is in excess of the Maximum Altowablaltatq the obligation to ba ftrifilkd shall be reduced, 6s promptly as
practicable after such determination is made, to elhnioate such excess.' Any ammunt collected in excess o[ the Maximum Allowable Rate
prior to the date on which the obligation is reduced shell bo appl[ed to cod deemed a prepayroeat of the unpaid principal balance of the
Advances. '
IE. Prepayment You shell have the tight at any time and from time to lima to prepay the a id principal belanu of all Advances iu
whole or 1n pact, wltlrent premium or penalty, but with accrued interest and othu charges to the day of such prepayment on the emouat
prepaid '
i3. ReduMion of Credit Liae. Wo may reduce your Credit Limit at any time, in our sole discretion, by written notice to you. Any
reduction wik be effective on the date specified is our rotla (which may be the date of the notice). You will notbe enkded to ftrrther
Advances if the aggrogsla principal amount of atl Advances outstanding would exceed the reduced Credit Limit iFthe eggingate principal
amount of all Advances outatand{rtg exceeds the reduced Credit Limit bn the etfeclivo date of Hre reduction, you must pay d sum sufficient to
reduce the outstanding principal balanrs to Hra reduced Crallt Limit within thirty (30) days of the effective date of rho reducton.
14. Termination. Tho Credit Lme will terminals aulomadcally upon the occurrence oP an Hvent of Default (as defined alt Paragraph 17,
below). Wa auy terminate the Credit Line a< arry tiara, in our sole dfecrctlon, upon a date apedfled fa vrrittenmHce to you'whlch data will
be at least thirty (30) days otter the dak of our unties. You will not be.entiked to ftrrHter Advances from the date of our wt]ce, oven though
termirvnion is effective at a tirture date. Upon tum{oadon, all amouMa owing order the Loan Documerds ahak ba due endppayable in ftdl.
You may tettalnate the Credit Line at any time by written nodes to us, provided there is no outstanding balance ofprlncipal~ interest or other
aharges. '
15. Representation and ~VnrranHes. You represent and warrant that (i) all inforntakon wntained in the Application ofotherwise fumiehed
to us by you or any Guarantor is eccnnte and complete, (ii) if you aro [tot an individual, you arc duly organized, validly existing and in good
standing under the taw oPtha state where you ate organized, (iii) you have aH malaria[ Hcenaes, permits and registrations needed to conduct
your bnsiaws, (iv) the person(s) signhtg the Loen Dowmenta to duly authorized, (v) the loan Dowments are valid, biadind acrd errfbrceabla
against you and any Guarantors, and (vi) you aro under no legal msMctlon that would prevent borrowing under this Agreen(eut
16. Covenants. You covenant and agree (1} to keep the representations and warrarttiea contained in Paragra~b 15 W a at all times; (ii) to
operate in accordance with all present end fhture laws and govemmarttal rcgtilakons; (iii) to pay ail your obkgattons when due; (iv) m ftnnislr
us with such information rogardmg your business cad financial cordiHon, and that of any Guarantors, as wa may rcaaoaebly request; (v) to
allow us end our represmfakves to inspect yourbusiness operations and boob and records (and to make coptea thereot) at teasoaable times
upon reasonable reuse; (w7 to maintain the current Hama of your company or business including but not limited to filing all necessary
reports with your Jurisdiokon of organization; and (v1I) to reflxin from any dissotutbn, coosolidatlon, merger, sale of assets outside the
ordinary course, or change of ownership.
17. &veatr of Default. The occutreaco of any of the fotlowing ("Hvent of Default") with respect to any Borrower or any Guarantor shall
conskmte a default under the Loan Aocumenta:
(i) failure to pay when due any principal, interest or other charge relating to rho Advances;
(ii) failure of any representation or warranty made in connection with any of the Loan Documrnts to be true when made;
(ail) delivery of any false or misleading ceAlficato, fiuaneial statement or other written document in connection with the Advances;
(iv) failuro to observe arty covenant contained In the Loan Documents;
(v) overdraft of any checking account wiilt the !,ender;
(vi) default under any agreement with the Lender (whether in the Loan Documents or otherwise);
(vii} notice from any Guarantor temdnating a guaranty, death of a Guarantor, or assertion that a guaranty is riot in thll force and effect as to
all Advances;
(viii) suspension of business for a reason other than strike, casualty or other cause beyond your control;
(lx) commencement of any veluntacy orlnvolrmlary proceeding under the Bankruptcy Code, appointment of a custodian (ea defined in the
Hanlmtplcy Coda), commencement of any other insolvency proeeedeag, or inability to pay debts generally m they become due;
(x) attachment or otherjudiclalrncumbtanttofproperty;
(xi) oacurnnco ofany mateaial uahisured casualty loss;
Page 4
(xN) tadicmrant for criminal activity; err
(xiii) any material adverse change in firranetal condition or buairxas prospects which leads the Lender to believe that perfo~anca of any
agreement or undertaking with the Lender is or may be substantially Pmpaired.
18, Remedies, Upon the owurnnce of an Event of Default (as defined in Paragraph 1~, above),
(i) you shall have no fitrther tight to borrow under the Credit Line, (ti) all oufsteacBng amounts under the Credit Line era due end payable,
(iii) the outstarrdiog aarouarls shall cam interest ak the Default Rata and (iv) the have the tight m bring suit and exerase all tights and
remedies available under applicable law,
19. Cost of Collecflon. You agree to poy all expenses incurted byua !n wnnection with the onforcwnent of our tights under the Loan
Documents to the extent allowed by law including, but not limited to, sN appraisal, accounting sad legal fees (including, but not limited
to, allocated vests of in-house cotmsel) sad rotated disburaeme¢ts,
20. Notices. Ail notices shall ba is writing, ensiled to or deBvered to each party to Nre following addresses:
Tf to the Borrower or Guarantor, et the address set tbrlh in the AppBcation;
If to the Leader, Citizens Bank, Business Banking Center, One Citizens Ddva, Riverside, RI 02915;
Or wch other mldress as any party rosy epedty by prior nodde m the other parry.
2i. Amopdmenta sad WaWers. Tito LoeaDocmnenta may be amended only b~ (a) wdthrg signed by the Lender and the Borrower, or
(b) the Lender providing wdltea notice to the Borrower et lead thirty (30) days pnor to the proposed effective date of the amendment. If
the Louder proposes an amaMmont upon thirty (30) days' notice, the ammrdmrnt will become eft>:cdve whhout the slgnamro of the
Borrower unless tho Bortower gives noNx to the Lender prior to tho proposed effective date that the Harrower does not accept the
amendment. No delay in exercising any tight shall constitute a waiver or affect oar right to act at a later tfma, No waiver or consent
shell ba effective unless in writing signed by the party granting Nte waiver or twnsenh No waiver of an Event of Default (as described in
Paragraph 17, above) or speeifia pmviaioa shall affect any other Event of Detiatrlt or otherprovision. Any waivaz shall be etfecNve only
for the specific instenco indicated in the waiver.
22, Joist sad Several Obltgadons. If the Appllcatioa is signed by moro than one Borrower, aB obligations of the Bortowers under the
Loan Documens are tireir joint and several obBgetioru, and all references to the Borrower herein shalt be deemed to refer to each of
them, eilherofthem, sad ail ofthem.
23. Cumulafivo Remed[w; Semff. The rights and ranedtea provided the Lender In tlila Agroement and in rho other Loan Documents
shall be cumulatlve end sbeil be in addition m and not in derogation of any rights or remedies provided the Lender In any other document,
{natnrment or agreement or under applicable law and maybe oxeroised concurrently or successively. The Borrower grants the Lender the
right of setoff altainat all deposits and property of tho Borrower now orhdreaiter to the possession of the Lender without regard m the
adequacy of sterol.
2q, Entire Agreemenh, Assignment; Sacceasora and Asalgas. The Loan Documents supersede aN pdor agreements between the parties
with respect to the Credit Llna, whether oral or wdtten. The Loan Aocumeate conadmte rho enliro sgieement behveen the parties with
respect m the Ltedit Lisa Borrower shall not be entitled to assign any of its dgha or obligations under tho Loan Documents without
Lender's pdor written wnse¢t Lender shall be endued m assign some or all of its rights under the Loan Documents without notice to oc
wnaenl of Borrower. 'Th1s Agreement and the Loan Documents shall be binding upon and intua m the benefit of Borrower, Lender and
thou respective suxeswB, assigns, lmsteea, receivers, administrators, personal repres®tatlves, legatees end devisees.
25. Lender Llebg[ty. TLe Lender shall not be liable for arty loss wstaiaed by any party resulting from any action, omission or failure
to act by lha Lender, whether with respect to rho exemhce or en[occement ottita Lender's tights or ronrcdiw under rho Loan Documents,
or otherwise, odes such loss is caused by the actual wRlful miecondaat of rho lender eorrdacted in bad faith. IN NO HVBNT SHALL
THE LENDBR BVBR BB LIABLE FOR CONSEQUHNTIAL OR PUNITIVE DAMAOHS, ANY RIOIIT OR CLAIM THHRBTO BEING
EXPRESSLY ANDUNCONDITIONALLY WANHD,
26. IademnlflenNon. The Borrower hereby lndernniflea and agrees to protect, defend and hold bamiless die Lender and the Lender's
directors, officers, empbyeas, agents, aNomeys and aharehoklom item end against anY and all losses, damages, expenses or llabititiea of
any kind or rrataro and flvm any sulfa, claims or dementia, inciudin~ all mawrmble counsel fees lnwmed in invesdgadng, evaluating or
defending wch claim, sufibnd by any of them and tensed by, relating m, arising ovt of, resulting item, or in any way wnnectad with dils
Agreement, the Applicatlon, the o16er Loan Decuments and anY hareectton conlemplakd herein or therein including, but rot limited m,
claims based upon aq~ act or thiluro m ad by the Lender. 1f rho Borrower shall have lmowledge or say claim or liability hereby
indemalfled against, it shall promptly give written notice thereof to the Lender. Tha Borrower aclmowledges that this covenant shag
survive payment of at] Advances.
27. WAIVER OF TRIAL BY JURY. TIB3 LENDER, THB BORROWER AND ANY GUARANTOR HEREBY VOLUNTARILY,
BiTBrITiONALLY AND TRRBVOCABLY WAIVE ALL RIGHT TO TRTAL BY JURY IN ANY PROCBEDINO HBRHAFTHR
INb"fITUTED BY OR AGAINST THB LENDHR, THE BORROWER ORANY GUARANTOR OF ANY KIND, JN ANY COURT,
ARLSING OUT OF TH15 AGRBEMffi~fC, THB APPLICATION, THE OTHER LOAN DOL'UMENT9 OR ANY RELATHD
DOCiJhffiNTS,
28. \YAIVER OF PRHJUDGNISNT HEARING. THB BORROWER AND ANY GUARANTOR (i) ACKNOWLEDOB THAT TH15
AORHHMBNT IS APART OF A COMMHRCIALTRANSACITON AND (fi) TO THB BXTBNT PBRMPTI'h'D BY ANY STATE OR
FBDERALLAW, WANE THB RIGHT THH BORROWBR OR ANY GUARANTOR MAY HAVETO PRIOR NOTICH OF AND A
PRIOR COURT IIEARII+TG ON TiB3 RIGHT OF ANY HOLDER OF TAIS AGREBMENT TO ANY REMEDY OR COMBINATION
OF RHMEDIHS THAT ENABLHS SAID FIOLDER, BY NAY OF ATTAt~ihtENT, FOREIGN ATTACFBu1HNT, GARNLSHMHNJ',
REPLEVIN, OR l71'ffiR PRBIUDOMENT PROCESS TO DHPRNH THE BORROWBIt OR ANY GUARANTOR OP PROPERTY, AT
ANY TIME, PRIOR TO FINAL J(1DGMEIVT iN ANY LTTIQATION INSTTTUTBD IN CONNECCION WIfA THI3 AGREEMENT,
AND FURTAHR WANES ANY REQUIREMENT OF LF,I•IDHRTO POST A BOND OR OTHER SECURITY IN CONNECTION
WITH SUCH REMEDY.
29, Coasant to Jurlsdkflon. The Borrower and any Ouarontor consent m the personal jurisdiction to any wort of tho state in ~vhteh the
main office of the Lander to located.
30. Waiver of Personal Service. The Borrower and any Guarantor waive personal service of process in cowccdonwidt any action or
proceeding commanCed by tho Lander in connection with the Loan Documeols, agreeing that wch aervlca may be made by certified mail
to the address specified in this Agroement for notices.
31. Descripflvo Headfigs; Context Tha captions in this A exent are for wnveniencaof referonw only and shall not define or limit
any proWsion. \1/he(lever tho context requires, reference in this Agreement m the neuter gander shall include tho masculine andlor
feminine gender, end the singular number shall include the plural and in each case, vice versa.
32. Survival. Thi4 Agreement and all covenants, egreamanb, representationsand warranties made horefn and in any certificates
delivered purwent hereto shatl wrvive any making by the Lender of any Advances arrd the execution end delivery of any Loan Documents
scut shall wntinue in trill force and effect until this Agreement is lenninated and all obligations of the Honowcr to the Lender are paid in
fltd.
33. Choice of Law: This Agroement and all other Loan Documents are entered into under and shell be construed, interpreted, enforced
and governed by the laws of the state In which the Lender's main office Is located.
3d, Maine Disclotrire. If the address for tho Borrower is Maine, the fo11ow1ng notice applies: Nodca. Under Maine law, no promise,
contact or sgeement m lend tnonoy, extend crediS forbear t}otn wUection of a debt or make any other accommodation for the repayment
of a debt tbrmoro thprr 5250,000 maybe enforoed in wtM agalnstl.ender, artless the promise, contract or agreement is in writing and
signed by Lender. Accordingly, Borrower eaanot enforce any oral promise to extend credit unless it la conta{aed in a wdthn document
signed by Lender, nor ten any change, forbearance, or other accommodation relating m a~ extensbn of credit by Lender to Bortower be
enforced, unless It is;in writing signed by Lender.
35, Seal. This Agreement is made as an instrument under seal.
EXHIBIT C
uiaun Ingersoll e~ Rooney Yc
Attorneyv ~ Government Relations Professionals
Kelly M. AKosto
412 562 8338
kelly.ariosto~bipc.t~om
October 2, 2012
VIA CERTIFIED MAIL.
RETURN RECEIPT REQUESTED
Truck & Motor Company, Inc. Billy Ward
835 D. Pear Street 6017 Wertzville Road
Lemoyne, PA 17043 Enola, PA 17025
One Oxford Centre
301 Grant Street, 20th Floor
Pittsburgh, PA 15219-1410
T 412 562 8800
F 412 562 1041
www.buchananingersoll.com
Re: Citizens Bank of Pennsylvania ("Lender"), Truck and Motor Company
("Harrower"), and Billy Ward (`Guarantor")
Deaz Borrower and Guarantor:
This firm represents Lender. Reference is made to that certain Business Credit
Application pursuant to which Lender made a line of credit ("Loan"} available to Borrower in
the original principal amount of $100,000. The terms and conditions of the Loan aze governed
by that certain Business Credit Line Agreement ("Loan Agreement"). The Business Credit
Application, Loan Agreement, and all other documents evidencing the Loan shall be referred to
as the "Loan Documents."
An Event of Default has occurred and is continuing under the Loan Documents by virtue
of Borrower's failure to make payments thereunder. Demand is hereby made for payment of all
amounts due and owing under the Loan Documents. As of September 27, 2012, the total balance
due and owing under the Loan Documents is $98,447.92, calculated as follows:
Principal: $ 94,952.48
Interest: $ 2,936.94
Fees: $ 558.50
Total: $ 98,447.92
Please note that this payoff quote is as of September 27, 2012, not September S, 2012
as indicated in my letter dated October 1, 2012. Legal Fees and costs are also due and owing
and continue to accrue. Interest continues to accrue at a per diem rate of $19.12.
Notwithstanding any discussion that Lender may have had at your request regarding
possible modifications of the Loan Documents, Lender reserves all rights and remedies available
California :: I)riaware :: NYurida :: New Jer~;e :: New York :: Penns 1vanla :: Vir 'nla :: Wish' ion, I)(:
October 2, 2012
Page - 2 -
to it under the Loan Documents and under applicable law. No such discussions shall imply an
agreement on the part of Lender to waive any of its rights and remedies or to forebear from
taking any action authorized by the Loan Documents or by applicable law whether or not such
discussions shall be continuing. Should Lender agree to consider your request for a
modification, Lender may, at its option, require you to sign an agreement setting forth the
conditions under which Lender would consider your request.
Partial payment of any amount due may, at Lender's option, be accepted and applied on
account of the due and unpaid balance. If so accepted, such partial payment shall be without
waiver of or prejudice to any rights or remedies available to Lender on account of unpaid
amounts. Any delay or forbearance by Lender in the enforcement or pursuit of any of its rights
and remedies under the Loan Documents or under applicable law shall not constitute a waiver
thereof, nor shall it be a bar to the exercise of Lender's rights or remedies at a later date.
Please contact me immediately to resolve this situation. If I do not hear from yvu within
ten (10) days of the date of this letter, Lender will commence collection proceedings against you.
very truly yours,
Kelly M. Arios o
KMA/
cc: Leslie A. Palumbo {via electronic email)
#fl783703-vI;PGHI GENERAL;ARIOSTOI
r,
LFi,y rte.
W ! C i'r T j A p.t .�
BUCHANAN INGERSOLL&ROONEY PC 20/7't � ' ,
Christopher P.Schueller(PA ID 92746) 1121 10: i J
Kelly M.Neal(PA ID 306473) CUMBERLAND
301 Grant Street,20th Floor PENN S YLVA/0 +
Pittsburgh,PA 15219
Tel: (412)562-8800
Fax: (412)562-1041 Attorneys for Plaintiff Citizens Bank of
Email: kelly.neal @bipc.com Pennsylvania
CITIZENS BANK OF PENNSYLVANIA, : IN THE COURT OF COMMON PLEAS
: OF CUMBERLAND COUNTY,
Plaintiff, : PENNSYLVANIA
vs.
: CIVIL DIVISION
TRUCK&MOTOR COMPANY, INC., and : DOCKET NO.: 2012-6985
BILLY WARD,
Defendants.
PRAECIPE TO ENTER DEFAULT JUDGMENT
TO THE PROTHONOTARY:
Please enter a default judgment in favor of Plaintiff Citizens Bank of Pennsylvania (the
"Plaintiff) and against Defendants Truck & Motor Company, Inc. and Billy Ward (the
"Defendants") for the Defendant's failure to answer or to otherwise respond to the Complaint(the
"Complaint") previously filed and served in connection with the above-captioned action and, in
support hereof, Plaintiff represents as follows:
1. On November 16, 2012, the Complaint was served upon the Defendants by the
Sheriff of Cumberland County. A true and correct copy of the docket evidencing the date, time
and place of service is attached hereto and incorporated herein as Exhibit A.
2. On October 9, 2013, Plaintiff served its Notice of Intention to Take Default
(the "Notice")upon the Defendants. A true and correct copy of the Notice, together with
klo Gt+1-"1
the Certificate of Mailings relating thereto are attached hereto as raffard3. Q
CA-14 yyg3
. 40.1
3. As set forth more fully in the Notice, Defendant had ten(10) days from the date
thereof to answer or otherwise respond to the Complaint.
4. On October 19, 2013, the ten(10) days set forth in the Notice expired.
5. As of the date of this Praecipe, no answer or other response to the Complaint has
been filed in the within matter by the Defendants.
6. Accordingly, Plaintiff demands that judgment be entered by default in its favor
and against Defendants Truck & Motor Company, Inc. and Billy Ward in the amount of
$99,633.50 plus any interest accruing after November 6, 2012 at the per diem rate of$19.12 until
this judgment is paid in full or otherwise satisfied, plus other costs and expenses, including
attorneys' fees and costs, and costs of suit.
Respectfully submitted,
Dated: November 26, 2013 BUCHANAN INGERSOLL & ROONEY PC
/ ,
C :istopher . Schueller, Pa. Id. No. 92746
Kelly M.Neal,Pa. Id.No. 306473
One Oxford Centre
301 Grant Street, 20th Floor
Pittsburgh, PA 15219-1410
Tel: (412) 562-8800
Fax: (412) 562-1041
Email: kelly.neal @bipc.com
Attorneys for Citizens Bank of Pennsylvania
EXHIBIT A
SHERIFF'S OFFICE OF CUMBERLAND COUNTY
Ronny R Anderson •
Sheriff 4�Y�ttr bt�"umber{.y�j
Jody S Smith �' o
Chief Deputy
Richard W Stewart °l
Solicitor OFFICE OF THE$1-ERIFF
Citizens Bank of Pennsylvania Case Number
vs. 2012-6985
Truck Motor Company, Inc. (et al.)
SHERIFF'S RETURN OF SERVICE
11/21/2012 12:23 PM - Deputy Jason Kinsler, being duly sworn according to law, served the requested Complaint&
Notice by handing a true copy to a person representing themselves to be Barbara Ward-Wife of
defendant and Office of the Business, who accepted as"Adult Person in Charge"for Truck Motor
Company, Inc. at c/o Billy Ward, President, 835 Pear Street, Lemoyne, PA 17043.
4v.
JA ON KINSLER, DEPUTY
11/28/2012 05:30 PM-Deputy Ryan Burgett, being duly sworn according to law, served the requested Complaint&
Notice by"personally" handing a true copy to a person representing themselves to be the Defendant, to
wit: Billy J Ward at 6017 Wertzville Road, Hampden Twp, Enola, PA 17025.
RYAN BURGETT,
SHERIFF COST: $75.45 SO ANSWERS,
November 29, 2012 RONNY R ANDERSON, SHERIFF
(c)CounlySuite Sheriff,Telensoft,Inc.
llIIll1..l.1..I...I.lM.M7Mlm1..lulmIlmm.mImmmIl.m1mmimm''m'mm'mm'' • Buchanan Ingersoll Rooney Pc
Attorneys&Government Relations Professionals
One Oxford Centre
301 Grant Street,20th Floor
Kelly M.Ariosto
Pittsburgh,PA 15219-1410
T 412 562 8800
412 562 8338 F 412 562 1041
kelly.ariosto @bipc.com www.buchananingersoll.com
October 9,2013
VIA FIRST CLASS MAIL
WITH CERTIFICATE OF MAILING
Billy J. Ward
6017 Wertzville Road
Enola,PA 17025
Re: Citizens Bank of Pennsylvania v. Truck&Motor Company, Inc. and Billy Ward
Cumberland County, Civil Case No. 2012-6985
Dear Mr. Ward:
In connection with the above-referenced matter, enclosed please find an original
Important Notice required by Rule 237.1 of the Pennsylvania Rules of Civil Procedure. Please
note that an answer to Plaintiff Citizens Bank of Pennsylvania's Complaint, previously served
upon you, is due within ten (10) days from the date of this notice; otherwise, a judgment can and
will be entered against you.
Very truly yours,
Kelly MGAriosto
KMA/
enclosure
Catifi�rnir+ :: t)clnstare :: Florida :: New jersey :: Now fork Pr■nnsylvvtla Virginia :: Washington,DC
BUCHANAN INGERSOLL&ROONEY PC
Christopher P.Schueller(PA II)92746)
Kelly M.Ariosto(PA ID 306473)
301 Grant Street,20th Floor
Pittsburgh,PA 15219
Tel: (412)562-8800
Fax: (412)562-1041 Attorneys for Plaintiff Citizens Bank of
Email: kelly.ariosto @bipc.com Pennsylvania
CITIZENS BANK OF PENNSYLVANIA, IN THE COURT OF COMMON PLEAS
. OF CUMBERLAND COUNTY,
Plaintiff, PENNSYLVANIA
vs.
. CIVIL DIVISION
TRUCK&MOTOR COMPANY,INC., and DOCKET NO.: 2012-6985
BILLY WARD,
Defendants.
IMPORTANT NOTICE
To: Billy J. Ward
6017 Wertzville Road
Enola,PA 17025
YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN
APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE
COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST
YOU. UNLESS YOU ACT WITHIN TEN(10) DAYS FROM THE DATE OF THIS NOTICE,
A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU
MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO
NOT HAVE A LAWYER, 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
32 South Bedford Street
Carlisle,PA 17013
1-800-990-9108
(717)249-3166
Dated: October 9, 2013 BUCHANAN INGERSOLL&ROONEY PC
Christoph . Schueller,Pa. Id.No. 92746
Kelly M. it osto, Pa. Id. No. 306473
One Oxford Centre
301 Grant Street,20th Floor
Pittsburgh,PA 15219-1410
Tel: (412) 562-8800
Fax: (412) 562-1041
Email: kelly.ariosto @bipc.com
Attorneys for Citizens Bank of Pennsylvania
2
CERTIFICATE OF SERVICE
I,Kelly M.Ariosto, Esquire,hereby certify that on or about this 9th day of October 2013,
I served a true and correct copy of the foregoing Notice via First-Class, U.S. Mail, postage pre-
paid upon the following:
Billy J. Ward
6017 Wertzville Road
Enola,PA 17025
IVZ Kelly M. Ajsto
U.S.POSTAL SERVICE CERTIFICATE OF MAILING Atli t.
orr .I
MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL,DOES NOT Pas
PROVIDE FOR INSURANCE—POSTMASTER Pm
fee. C"'7
Received From Buchanan Ingersoll&Rooney PC ..,;
_ 50 S. 16th Street,Suite 3200
Philadelphia,PA 19102-2555 ., •
Attn: Patricia Kreusser
I
One piece of ordinary mail addressed to: ('Z• i•
Billy J. Ward
G a
6017 Wertzville Road "'•' r ';
Enola, PA 17025 {{I'•'4.4." „.4.;
PS Form 3817.January 2001
•
Buchanan Ingersoll A Rooney PC
Attorneys C Government Relations Professionals
One Oxford Centre
301 Grant Street,20th Floor
Kelly M.Ariosto Pittsburgh,PA 15219-1410
T 412 562 8800
412 562 8338 F 412 5621041
kelly.ariosto @bipc.com wuwr.buchananingersoll.com
October 9,2013
VIA FIRST CLASS MAIL
WITH CERTIFICATE OF MAILING
Truck&Motor Company, Inc.
835 Pear Street
Lemoyne,PA 17043
Re: Citizens Bank of Pennsylvania v. Truck&Motor Company, Inc. and Billy Ward .
Cumberland County.Civil Case No.2012-6985
Dear Mr. Ward:
In connection with the above-referenced matter, enclosed please find an original
Important Notice required by Rule 237.1 of the Pennsylvania Rules of Civil Procedure. Please
note that an answer to Plaintiff Citizens Bank of Pennsylvania's Complaint, previously served
upon you, is due within ten(10) days from the date of this notice; otherwise, a judgment can and
will be entered against you.
Very truly yours,
ij 1,,t
0.4,6ed_6-
Kelly M. Wriosto
KMAJ
enclosure
California :: .Delaware :. Florida :: New Jersey New York :: Pennsylvania .. Virginia : Washington,I)C
BUCHANAN INGERSOLL&ROONEY PC
Christopher P.Schueller(PA ID 92746)
Kelly M.Ariosto(PA ID 306473)
301 Grant Street,20th Floor
Pittsburgh,PA 15219
Tel: (412)562-8800
Fax: (412)562-1041 Attorneys for Plaintiff Citizens Bank of
Email: keily.ariosto @bipc.com Pennsylvania
CITIZENS BANK OF PENNSYLVANIA, IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
Plaintiff, PENNSYLVANIA
vs.
: CIVIL DIVISION
TRUCK&MOTOR COMPANY,INC.,and • DOCKET NO.: 2012-6985
BILLY WARD,
Defendants.
IMPORTANT NOTICE
To: Truck&Motor Company, Inc.
835 Pear Street
Lemoyne,PA 17043
YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN
APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE
COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST
YOU. UNLESS YOU ACT WITHIN TEN(10) DAYS FROM THE DATE OF THIS NOTICE,
A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU
MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO
NOT HAVE A LAWYER, 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
32 South Bedford Street
Carlisle,PA 17013
1-800-990-9108
(717)249-3166
Dated: October 9,2013 BUCHANAN TNGERSOLL&ROONEY PC
Christopl P. Schueller,Pa. Id.No. 92746
Kelly M.Ariosto,Pa. Id.No. 306473
One Oxford Centre
301 Grant Street,20th Floor
Pittsburgh,PA 15219-1410
Tel: (412)562-8800
Fax: (412)562-1041
Email: kelly.ariosto @bipc.com
Attorneys for Citizens Bank of Pennsylvania
2
CERTIFICATE OF SERVICE
I,Kelly M. Ariosto,Esquire,hereby certify that on or about this 9th day of October 2013,
I served a true and correct copy of the foregoing Notice via First-Class, U.S. Mail, postage pre-
paid upon the following:
Truck&Motor Company,Inc.
835 Pear Street
Lemoyne,PA 17043
f��!/11 , 1: 7 7?
Kelly M. osto
e.
. t_
. U.S.POSTAL SERVICE CERTIFICATE OF MAILING Affix f' m,t
or met
MAY DE USED FOR DOMESTIC AND INTERNATIONAL MAIL,DOES NOT Post IT "
PROVIDE FOR INSURANCE-POSTMASTER Postm t..
fee.
Received From Buchanan Ingersoll&Rooney PC '�
50 S.16th Street,Suite 3200
Philadelphia,PA 19102-2555 1't
Attn: Patricia Kreusser i ,��
■
One piece of ordinary mail addressed to: ``J !
i j
I9*Truck & Motor Company, Inc. , ;','i,;t.,, d.t
835 Pear Street i l rii+f"`' " at#
Lemoyne, PA 17043 „Y't;•`'t G`{1
'5-.:'.74 i.0 -._.4
PS Form 3617,January 2001
BUCHANAN INGERSOLL&ROONEY PC
Christopher P. Schueller(PA ID 92746)
Kelly M.Neal(PA ID 306473)
301 Grant Street,20th Floor
Pittsburgh,PA 15219
Tel: (412) 562-8800
Fax: (412)562-1041 Attorneys for Plaintiff Citizens Bank of
Email: kelly.neal @bipc.com Pennsylvania
CITIZENS BANK OF PENNSYLVANIA, : IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
Plaintiff, PENNSYLVANIA
vs.
. CIVIL DIVISION
TRUCK& MOTOR COMPANY, INC., and : DOCKET NO.: 2012-6985
BILLY WARD,
Defendants.
CERTIFICATE OF ADDRESSES
I, Kelly M. Neal, Esquire, hereby certify that the address of Plaintiff, Citizens Bank of
Pennsylvania, is 443 Jefferson Boulevard West, Warwick, Rhode Island 02886, and that, to the
best of my knowledge and belief, the last known address for Defendant Truck&Motor
Company, Inc. is 835 Pear Street, Lemoyne, PA 17043 and Billy Ward is 6017 Wertzville Road,
Hampden Twp, Enola, PA 17025.
Respectfully submitted,
Dated: November 26, 2013 B H• , I G 'I 1 LL & ROONEY PC
III-TA:
C istopher `. Schueller, Pa. Id. No. 92746
Kelly M. Neal, Pa. Id. No. 306473
One Oxford Centre
301 Grant Street, 20th Floor
Pittsburgh, PA 15219-1410
Tel: (412) 562-8800
Fax: (412) 562-1041
Email: kelly.neal @bipc.com
BUCHANAN INGERSOLL&ROONEY PC
Christopher P. Schueller(PA ID 92746)
Kelly M.Neal (PA ID 306473)
301 Grant Street,20th Floor
Pittsburgh,PA 15219
Tel: (412)562-8800
Fax: (412)562-1041 Attorneys for Plaintiff Citizens Bank of
Email: kelly.neal @bipc.com Pennsylvania
CITIZENS BANK OF PENNSYLVANIA, : IN THE COURT OF COMMON PLEAS
: OF CUMBERLAND COUNTY,
Plaintiff, PENNSYLVANIA
vs.
. CIVIL DIVISION
TRUCK&MOTOR COMPANY, INC., and DOCKET NO.: 2012-6985
BILLY WARD,
•
•
Defendants.
AFFIDAVIT OF NON-MILITARY SERVICE
COMMONWEALTH OF PENNSYLVANIA :
: SS
COUNTY OF PHILADELPHIA
I, Patricia A. Kreusser,being duly sworn according to law, depose and say that:
1. I represent the Plaintiff in the within action;
2. I am authorized to make this Affidavit on behalf of the Plaintiff;
3. The Defendant, Billy Ward, is over 21 years of age.
4. Upon information and belief, the Defendant, Billy Ward is not in the military
services of the United States or any State or Territory thereof or its allies as defined in the
Soldiers' and Sailors' Relief Act of 1940 and the amendments thereto.
FURTHER AFFIANT SAYETH NOT.
Pria_t
Patricia A. Kreusser
SWORN TO BEFORE ME this
2nd day of December, 2013
- _
NOTARY PUBLIC
COMMONWEALTH OP PENNSYLVANIA
NOTARIAL SEAL
MARGARET M.BASTIAN,Notary Public
City of Philadelphia,Phila.Corn
MyConaniaaion Expires January 15,2015
CITIZENS BANK OF PENNSYLVANIA, : IN THE COURT OF COMMON PLEAS
: OF CUMBERLAND COUNTY,
Plaintiff, : PENNSYLVANIA
vs.
• CIVIL DIVISION
TRUCK&MOTOR COMPANY, INC., and : DOCKET NO.: 2012-6985
BILLY WARD,
Defendants.
TO: Truck&Motor Company,Inc.
835 Pear Street
Lemoyne,PA 17043
NOTICE
Pursuant to Rule 236 of the Pennsylvania Rules of Civil Procedure, you are hereby notified that a
Judgment by Default has been entered against you and in favor of Plaintiff in the above proceeding in the
amount of$99,633.50 plus any interest accruing after November 6, 2012 at the per diem rate of
$19.12 until this judgment is paid in full or otherwise satisfied, plus other costs and expenses, including
attorneys' fees and costs, and costs of suit as allowed by law for failure to plead within the required time
to Plaintiffs Complaint.
IF YOU HAVE ANY QUESTIONS CONCERNING THIS NOTICE,PLEASE CALL:
Kelly M.Neal,Esquire
Buchanan Ingersoll&Rooney PC
301 Grant Street,20th Floor
Pittsburgh,PA 15219
Tel: (412) 562-8800
Fax: (412)562-1041
t. ll-
,_,
Dated: )/ 3 i 3 ,, _.).„,..... 3
PROTHONOTARY
CITIZENS BANK OF PENNSYLVANIA, : IN THE COURT OF COMMON PLEAS
: OF CUMBERLAND COUNTY,
Plaintiff, : PENNSYLVANIA
vs.
: CIVIL DIVISION
TRUCK& MOTOR COMPANY, INC., and : DOCKET NO.: 2012-6985
BILLY WARD,
Defendants.
TO: Billy Ward
6017 Wertzville Road
Hampden Twp,Enola,PA 17025
NOTICE
Pursuant to Rule 236 of the Pennsylvania Rules of Civil Procedure, you are hereby notified that a
Judgment by Default has been entered against you and in favor of Plaintiff in the above proceeding in the
amount of$99,633.50 plus any interest accruing after November 6, 2012 at the per diem rate of
$19.12 until this judgment is paid in full or otherwise satisfied, plus other costs and expenses, including
attorneys' fees and costs, and costs of suit as allowed by law for failure to plead within the required time
to Plaintiffs Complaint.
IF YOU HAVE ANY QUESTIONS CONCERNING THIS NOTICE,PLEASE CALL:
Kelly M.Neal,Esquire
Buchanan Ingersoll&Rooney PC
301 Grant Street, 20th Floor
Pittsburgh,PA 15219
Tel: (412) 562-8800
Fax: (412) 562-1041
g8g7) I
)) , ... ' 1i*
Dated: 1,13 I 3 _ _�"
PRO NOTARY