HomeMy WebLinkAbout13-2345 Supreme C 'r ,nnsylvania
COu `tll o leas For Prothonotary Use Only: J p
Docket No: �
CUB I fit, tr
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The information collected on this form is used solely for court administration purposes. This form does not
supplement or replace the filing and service ofpleadings or other papers as required by lain or rules of court.
Commencement of Action:
S Xi Complaint r] Writ of Summons Petition
S r_1 Transfer from Another Jurisdiction Declaration of Taking
Lead Plaintiffs Name: Lead Defendant's Name:
C PNC BANK, N.A. BRIAN KAN individually and D /B /A JO JO'S PIZZA
�T
Dollar Amount Requested:Swithin arbitration limits
I Are money damages requested? 0 Yes 0 No
(check one) i3outside arbitration limits
O
N Is this a Class Action Suit? 0 Yes xi No Is this an MDJAppeal? 0 Yes El No
A Name of Plaintiff /Appellant's Attorney: JAMES P. VALECKO, ESQ, PA ID #79596
Check here if you have no attorney (are a Self- Represented (Pro Sep Litigant)
Nature of the Case Place an "X" to the left of the ONE case category that most accurately describes your
PRIMARY CASE, If you are making more than one type of claim, check the one that
you consider most.important.
f
4 TORT (do not include Mass Tort) CONTRACT (do not include Judgments) CIVIL APPEALS
0 Intentional l3 Buyer Plaintiff Administrative Agencies
®i Malicious Prosecution 0 Debt Collection: Credit Card l3 Board of Assessment
M Motor Vehicle Ri Debt Collection: Other Q Board of Elections
Nuisance LINE OF CREDIT ®-� Dept. of Transportation
Premises Liability [3 Statutory Appeal: Other
S Product Liability (does not include
; E � Employment Dispute:
mass tort)
Slander/Libel/ Defamation Discrimination
C Other: Employment Dispute: Other 0 Zoning Board
I T 0 Other:
I p Other:
O MASS TORT
0 Asbestos
N [3 Tobacco
ll Toxic Tort - DES
Toxic Tort - Implant REAL PROPERTY MISCELLANEOUS
Toxic Waste r1l Ejectment l] Common Law /Statutory Arbitration
(B 0 Other: 0 Eminent Domain/Condemnation l3 Declaratory Judgment
i
® Ground Rent Mandamus
Ej Landlord/Tenant Dispute Non - Domestic Relations
12 Mortgage Foreclosure: Residential Restraining Order
PROFESSIONAL LIABLITY 13 Mortgage Foreclosure: Commercial 13 Quo Warranto
0 Dental ® Partition 0 Replevin
Legal In Quiet Title 0 Other:
j 0 Medical Other:
Other Professional:
Updated 111/1011
'1 ED C C
WELTMAN, WEINBERG & REIS CO., L.P.A.
+ ONO TA Y
Attorney for Plaintiffs)�
BY: James P. Valecko, Esquire � PN 3. 0
I.D. No.79596 � R
436 Seventh Avenue, Suite 1400 f �` N td S YL q U'vT Y
Pittsburgh, PA 15219 IA
Phone: 412.434.7955
Fax: 412.434.7959
File # 9824825
IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
PNC BANK, N.A.
Plaintiff
vs. Civil Action No.
BRIAN KAN individually and
D /B /A JO JO'S PIZZA
Defendant(s)
COMPLAINT AND NOTICE TO DEFEND
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 are served,
by entering a written appearance personally or by an attorney and filing in writing with the court your
defenses or objections to the claims set forth against you. You are 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
CARLISLE, PA 17013
(717) 249 -3166
cv
vpgg
COMPLAINT
1. Plaintiff is a corporation with offices located at 3232 Newmark Drive, Bldg 2,
Miamisburg, OH 45342.
2. Defendant, Brian Kan individually and d/b /a Jo Jo's Pizza, is an adult individual with a
last known address of 4 Courtland Rd, Camp Hill, PA 17011.
3. Defendant, Brian Kan individually and d/b /a Jo Jo's Pizza, applied for and was granted a
revolving line of credit by Plaintiff, a true and correct copy of the Application for the Business Line of
Credit Agreement, and the terms and conditions of which were agreed upon by the parties, are attached
hereto, marked as Exhibits "1" and "2 ", and made a part hereof.
4. Defendant made use of such credit granted by Plaintiff and has currently a balance due and
owing to Plaintiff, as of October 23, 2012, in the amount of $26,420.20. A true and correct copy of
Plaintiff's Account Details is attached hereto, marked Exhibit "3 ', and made a part hereof.
5. Defendant defaulted under the terms of the parties' agreement by failing to make the
required payments to Plaintiff when due.
6. By the terms of the parties' agreement, more specifically the "acceleration clause" therein,
Defendant's default made the entire balance of the loan immediately due and payable to Plaintiff.
7. Plaintiff avers that the written Agreement between the parties provides that Plaintiff is
entitled to the addition of finance charges.
8. Plaintiff avers that it is entitled to finance charges at the rate of 8.25% per annum on the
unpaid balance.
9. Plaintiff avers that the Agreement between the parties provides that Defendant will pay
Plaintiff's reasonable attorneys' fees incurred in enforcing said Agreement.
10. Plaintiff avers that such attorneys' fees amount to $1,500.00.
11. Although repeatedly requested to do so by Plaintiff, Defendant has willfully failed and/or
refused to pay the principal balance, finance charges, late fees, attorneys' fees or any part thereof to
Plaintiff.
WHEREFORE, Plaintiff demands Judgment in its favor and against Defendant, Brian Kan
individually and d/b /a Jo Jo's Pizza, in the amount of $26,420.20 with continuing finance charges thereon
at the rate of 8.25% per annum from October 23, 2012, plus attorneys' fees of $1,500.00, and costs.
WELTMAN, WEINBERG & REIS, CO., L.P.A.
r�),
James Valecko, Esquire
I.D. No.79596
436 Seventh Avenue, Suite 1400
Pittsburgh, PA 15219
Phone: 412.434.7955
Fax: 412.434.7959
File # 9824825
G PN LBAN<
BUSINESS BANKING LINE OF CREDIT AGREEMENT -
Borrower: Jo Jds Pizza
1104 Carlisle Road
Camp Hill, Pa 17011
Bank: PNC Bank, National Association
4242 Carlisle Pike
Camp Hill, PA 17001
Maximun Credit: $30,000.00
Annual Fee: $175.00 ❑ Waived for first year
Initial Index: 8,25
Margin: 1.25
Initial Rate. 9.50%
Date of Loan: 09 /12/06
Borrower's form of organization:
®Sole Proprietorship ❑ General Partnership ❑ Limited Partnership
❑ Corporation ❑ Subchapter S Corporation ❑ Non -Profit Corporation
❑ Limited Liability ❑ Business Individual
State of Organization: Pennsylvania
Borrowers Tradenames or•Tradestyles:
Other Locations of Borrower's Business:
EX
f
HEIT
I
1.Applicant.The Applicant certifies that the statements made on this application and any other
information provided in connection with this application are true and complete. THE
APPLICANT CERTIFIES THAT ALL LOAN PROCEEDS WILL BE USED FOR
BUSINESS PURPOSES. The term"Applicant"as used herein shall include the business entity
(ies)applying for the loan(the"Borrower")and all other persons who by providing information
herein may be liable for the loan requested in this application as an endorser,surety or guarantor,
III or who may be a principal of the Borrower. The Applicant agrees to promptly notify the Bank of
any material changes to this information. The Bank is authorized to make all inquiries it deems
necessary to verify accuracy of the information submitted and to determine the Applicant's
creditworthiness,and to share any information provided to the Bank by or about any Applicant(s)
with any third party that performs services for the Bank in connection with this application or the
loan or to whom this application or any loan to the Applicant may be transferred. The Applicant
authorizes any person or consumer reporting agency to give the Bank or such third party any
information it may have on the Applicant and authorizes the Bank or such third party to make
inquires of the Applicant's accountant directly and obtain any information it deems necessary in
processing this application. The Applicant authorizes the Bank and any transferee of this
application or loan to answer any questions about its credit experience with the Applicant. The
Applicant understands that all fees,including commitment and documentation fees and annual
credit review fees are non-refundable. In addition,once the commitment has been issued,the
Bemwef will pay all a"enses,including but not limited to- documentation fees,annual fees
! mortgage taxes,insurance premiums,recording and tiling fees,overdraft protection fees,
appraisal fees,etc.
By signing below,the undersigned Applicant(s),who is/are either a principal(s)of the i
Borrower or a personal guarantor(s)of its obligations,provides written authorization to
the Bank or its designee(and any assignee or potential assignee hereof)to obtain my/our
personal credit profile(s)from one or more national credit bureaus. Such authorization
shall extend to obtaining a credit profile in considering this application and subsequently
for the purposes of update,renewal or extension of such credit or additional credit and for
reviewing or collecting the resulting account.A photocopy or facsimile copy of this
authorization shall be valid as the original. By signature below,I/we affirm my/our
Identity(ies)as the respective individuals identified In this application.
2.information Sharing.Each Applicant understands that in order to serve our customers
i efficiently and offer a full range of financial services,the Bank shares customer transaction and
experience information among the PNC Bank family of companies. PNC Bank companies also
share personal information such as applications,financial statements and credit reports. By
executing this application,each Applicant expressly consents to the sharing of such information
among the PNC Bank companies unless such Applicant requests that the Bank not share this
other personal information(except where such information is used by one PNC Bank company
to service customer accounts for another)by calling the Bank at 1-877-BUS-BNKG
(1-877-287-2654)or by writing to the Bank at:PNC Bank,P.O.Box 96066,Pittsburgh,
Pennsylvania 15226 including the Applicant's name,address and account number(s)or Social
Security/EIN number(s).
PCBBCO22 Application-PA-06-14-06
' 4
1
3. Terms and Conditions If this application is for: (a) a Choice Credit' for Business Line; (b) a
Choice Credit for Business Term Loan; or (c) a. line of credit or term loan which may be
secured by the Borrower's business assets or equipment; and the Bank approves this application, '
the Bank will mail to the Borrower at the address specified in this application, the Business
Banking Line of Credit Agreement or the Business Banking Term Loan Agreement, as '
appropriate (as amended or restated from time to time, the "Terms and Conditions') governing
the line of credit or term loan (as appropriate, collectively, the "Credit Facility " ). The Borrower
agrees that: (i) it shall be bound by all provisions of the Terms and Conditions; (ii) all credit
requested or obtained under the Credit Facility shall be subject to the Terms and Conditions; (iii)
any request by the Borrower for credit under any Credit Facility shall be conclusive evidence that
the Borrower has received the Terms and Conditions and agreed to the terms thereof, and (iv) it
shalt pay to the Bank all amounts outstanding from time to time under any Credit Facility in
accordance with the Terms and Conditions. The Borrower agrees to immediately notify the Bank
if it does not receive the Terms and Conditions within seven (7) days after submission of this
application to the Bank, or if the Borrower does not agree to be bound by the Terms and
Conditions upon receipt thereof. The Borrower agrees that if it does not agree to be bound by the
Terms and Conditions, the Borrower promises to immediately repay to the Bank any proceeds of
any Credit Facility which have been disbursed to, or on behalf of, the Borrower.
The remaining paragraphs apply only if the Credit Facility is: (a) a Choice Credit`" for �
Business Line; (b) a Choice Credit7 for Business Term Loan; or (c) a line of credit or term
loan which may be secured by the Borrower's business assets or equipment.
4. Guaranty In consideration of the extension of credit from the Bank to the Borrower and other
good and valuable consideration, each of the undersigned owners (individually, a "Guarantor"
and collectively, the "Guarantors') hereby jointly and severally guarantees, and becomes surety
for, the prompt payment and performance, when due, of all obligations owing by the Borrower to
the Bank, whether now existing or hereafter arising, including, without limitation, in connection
with or under any Credit Facility and all obligations now or hereafter due under the Terms and
Conditions (collectively, the "Obligations'). This guaranty is absolute, unconditional,
irrevocable and continuing and will remain in full force and effect until all of the Obligations
have been paid in full. This Guaranty will not be affected by: any release by the Bank of any
other party, guaranty or security held by it for any of the Obligations; by any failure of the Bank
to preserve its rights to any guaranty; or by any irregularity, unenforceability or invalidity of any
of the Obligations or any part thereof or any guaranty thereof. This is a guaranty of payment and
not of collection and the Bank shall not be required, as a condition of any Guarantor's liability, to
make any demand upon or to first pursue any of its rights against any Borrower or particular
Guarantor, or to pursue any rights which may be available to it with respect to any other person
who may be liable for the payment of the Obligations. Each Guarantor hereby waives: notice of
acceptance of this Guaranty, notice of extensions of credit to the Borrower from time to time,
notice of default, diligence, presentment, notice of dishonor, protest, or demand for payment.
The Bank at any time and from time to time, without notice to or the consent of any Guarantor,
and without impairing or releasing, discharging or modifying any Guarantor's liabilities
hereunder, may: (a) change any of the Terms and Conditions relating to any of the Obligations;
(b) renew, substitute, modify, amend or alter, or grant consents or waivers relating to, any of the
i
PCBS AppficaUon -PA -06 -14-06 i
• s or any h
obligations, any other guaranties security for an obli c a an and all
g Y Y Y g () PF Y' Y
payments by whomever paid or however realized, to any Obligations of the Borrower in such
order, manner and amount as the Bank may determine in its sole discretion; (d) deal, with any
other person with respect to any Obligations in such manner as the Bank deems appropriate in its
sole discretion; (e) substitute, exchange or release any security or guaranty; or (f) take such
actions and exercise such remedies as provided herein or any of the Terms and Conditions. Until
the Obligations are paid in full, each Guarantor postpones and subordinates in favor of the Bank
any and all rights, which such Guarantor may have to assert any claim against any Borrower or to
any realization on any property of any Borrower. Each Guarantor's obligations hereunder shall
not be affected, modified or impaired by any counterclaim, set =off, recoupment, deduction or i
defense based upon any claim such Guarantor may have against any Borrower or other Guarantor
or the Bank except payment of the Obligations. To the extent that the Bank incurs any costs or
expenses in protecting or enforcing its rights under the Obligations or this Guaranty, including `
reasonable attorneys' fees and the costs and expenses of litigation, such costs and expenses will
be due on demand, will be included in the Obligations, and will bear interest from the incurring I
or payment thereof in accordance with the Terms and Conditions. This Guaranty will be binding
upon and inure to the benefit of each Guarantor and the Bank and their respective heirs,
executors, administrators, successors and assigns.
5. giem-cf Setaft if , addition to 1 1 li upon nn d l i m biq nf getnff against the mo ney, securities
or other property of any Borrower or Guarantor given to the Bank by law, the Bank shall have,
with respect to all Obligations to the Bank under any Credit Facility or the Terms and Conditions
and to the extent permitted by law, a contractual possessory security interest in and a contractual
right of setoff against, and each Borrower and Guarantor hereby assigns, conveys, delivers,
pledges and transfers to the Bank, all of its right, title and interest in and to, all deposits, moneys,
securities and other property now or hereafter in the possession of or on deposit with, or in transit
to, the Bank whether held in a general or special account or deposit, whether held jointly with
someone else, or whether held for safekeeping or otherwise, excluding, however, all MA,
Keogh, and trust accounts. Every such security interest and right of setoff may be exercised
without demand or notice. Every such right of setoff shall be deemed to have been exercised
immediately upon the occurrence of a default without any action of the Bank, although the Bank
may enter such setoff on its books and records at a later time.
6. Power to Confess Judgment Borrower and each Guarantor hereby jointly and severally
! irrevocably authorize and empower the Prothonotary, any attorney or any clerk of any
court of record, after the occurrence of any Default under the Terms and Conditions, to
appear for and confess judgment against any or all such parties for such sums as are Clue
and/or may become due under any Credit Facility, with costs of suit, without stay of
execution, and with ten percent (10%) of the amount of such judgment, but not less than
$1,000, added for attorneys' collection fees. To the extent permitted by law, the Borrower,
and each Guarantor releases all errors In such proceedings. If a copy of this instrument,
verified by or on behalf of the Bank shall have been filed in such action, it shall not be
necessary to file the original instrument as a warrant of attorney. Interest on any such
judgment shall accrue at a rate per annum which shall be,five percent (5%) in excess of the
interest rate in effect £rota time to time under the Terms and Conditions but not more than
i
PCBBCO22 Applicat!on- PA- 06 -14 -06 E
the maximum rate allowed by law. The authority and power to appear for and confess
,judgment against the Borrower and each Guarantor shall not be exhausted by the initial
exercise thereof and may be exercised as often as the Bank shall find it necessary and
desirable and this instrument shall be a sufficient warrant therefor.
BEING FULLY AWARE OF ITS RIGHTS TO PRIOR NOTICE AND A HEARING ON
THE VALIDITY OF ANY JUDGMENT OR OTHER CLAIMS THAT MAY BE
ASSERTED AGAINST IT BY BANK HEREUNDER BEFORE JUDGMENT IS
ENTERED, EACH BORROWER AND GUARANTOR HEREBY FREELY,
KNOWINGLY AND INTELLIGENTLY WAIVES THESE RIGHTS AND EXPRESSLY
AGREES AND CONSENTS TO BANK'S ENTERING JUDGMENT AGAINST IT BY
CONFESSION PURSUANT TO THE TERMS HEREOF. FURTHER, BEING FULLY i
AWARE OF ITS RIGHTS AFTER JUDGMENT IS ENTERED (INCLUDING THE
RIGHT TO OPEN OR STRIKE THE JUDGMENT), EACH BORROWER AND
GUARANTOR HEREBY FREELY, KNOWINGLY AND INTELLIGENTLY WAIVES
ITS RIGHTS TO NOTICE AND A HEARING AND EXPRESSLY AGREES AND
CONSENTS TO BANK'S TAKING SUCH ACTIONS AS MAY BE PERMITTED
UNDER APPLICABLE STATE AND FEDERAL LAW WITHOUT PRIOR NOTICE.
EACH BORROWER AND GUARANTOR CERTIFIES THAT A REPRESENTATIVE
OF BANK PECIFICALLY CALLED THE CONFESSION OF JUDGMENT
PROVISION TO ITS ATTENTION AND /OR THAT IT WAS, OR .HAD THE
OPPORTUNITY TO BE, REPRESENTED BY LEGAL COUNSEL IN CONNECTION
WITH THIS DOCUMENT,
7. WAIVER OF JURY TRIAL THE BORROWER AND EACH GUARANTOR
IRREVOCABLY WAIVES ANY AND ALL RIGHT SUCH BORROWER OR
GUARANTOR MAY HAVE TO A TRIAL BY JURY IN ANY ACTION, PROCEEDING
OR CLAIM OF ANY NATURE RELATING TO THIS INSTRUMENT, ANY
DOCUMENTS EXECUTED IN CONNECTION WITH THIS INSTRUMENT OR ANY
TRANSACTION CONTEMPLATED IN ANY OF SUCH DOCUMENTS. THE
BORROWER AND EACH GUARANTOR ACKNOWLEDGES THAT THE
FOREGOING WAIVER IS KNOWING AND VOLUNTARY AND IS A MATERIAL
INDUCEMENT FOR THE PARTIES ENTERING INTO THIS TRANSACTION.
I
PCBBCO22 Application -PA-06 -14-06
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eetnent Si cures
..rO: ''.i - °:: . nll ; = � . g. ��� •�'�'.� r r i k�; �ia _d %' - • }�..:
Borrower(s):
(Name of Corporatinn, Partnenaip or Other Entity, if applicable)
NOTES:
If Borrower is a corporation, any required officer(s) must sign. If borrower is a partnership, all general
partners must sign.
Officer Titles should ONLY be as follows: If a Sole Proprietor — Owner, a Corporation — President,
Vice - President, Secretary, or Treasurer; an LLC — Member.
If Borrower is a legal entity, the undersigned officers )lpartner(s) /member(s) represent and warrant that they are duly
authorized to execute and deliver this Application and any other agreements on behalf of such entity (any of which may
contain a warrant of attorney authorizing the Bank to confess judgment against the entity for all sums due or to become
due by the entity to the Bank), all necessary action to authorize the execution and delivery of this Application and such
agreements has been properly taken, and the Borrower is and will continue to be duly authorized to borrow under the
Credit Facility and to perform all of the other terms and provisions of the such agreements.
REQUEST FOR INITIAL LINE OF CREDIT ADVANCE. If this Application for a Irate of credit is approved,
Borrower hereby requests the Bank to make an advance under the Credit Facility in an amount of $
[COMPLETE FOR LINES OF CREDIT ONLY] at the time of closing and directs the Bank to deposit such advance
into Borrower's PNC Bank business checking account noted in the Application.
re ignature
nd itle (please print) are and Title (please print)
Sale to
-
i e (Nome o title) Signature. (Name only, no title)
No "e( titre, p Name (No title, please print)
ate Date
Ob
PCBSCO22 Application- PA- 06 -14 -06
(Page 3� of 13)
BUSINESS BANKING LINE OF CREDIT AGREEMENT
TERMS AND CONDITIONS
I
Wt are pleased to have you as a cusmmer and to provide you with a copy of these terms and conditions ((be "Terms and Canditions') goveming the
line of credit ( "Lint ") provided to you by us. These Tams and Conditions are an important Part of your Business Banking Line ioCttar Agreement Pic-ase mad
A sup acceptance check to e na b le
in" proceeds will be deemed cviunt will be
your led to you to these Tcrt and Conditioos� and Conditions ca Your
1. DEFINITIONS. In this Agreement, the following definitions apply:
"Agreement" means this Business Banking Line of Credit Agreement and any amendment or addendum to this Agreement.
i "We," "us;' "our" or "Bank" means the Bank identified on the first page of this Agreement or any person or entity to whom the rights orthc Bank
have been assigned.
~You," "your," "yours" at 'Borrower" means the individuals) or cntity(ies) idtntitiod on the first page of this Agreement who have applied to the
Bank for the I,ine, for whom an account has been approved and who are listed above as a Borrower.
"Billing Cycle" means the interval between the dates on which monthly statements are prepared.
"Expiration Date" shall be the date which is one year from the Date of Loan shown on the first page of this Agreement. or such later date as may
be designated by written notice from us to you.
"Maximum Credit Limit" or "Maximum Credit" means the total dollar amount of credit available to you from time to lime, the initial amount of
which is identified on the first page of this Agreement.
!
"Payment Due Dale" groans the date which will appear each month as the "Payment Due Date" on the billing statement. The Payment Out Date
Will be determined by the Bank at the Bank's discretion.
"Termination' moans that you will no longer be able to obtain loans or any extension of credit on this account. Termination affects the account
permanently.
2. GENERAL OPSCRIPTION OF THE ACCOUNT. This account is a revolving line account, sometimes called a r c It is intended s be
! used
on Cor business u see You represent that it will not be used primarily for personal, family, m household purposes. You may obtain loans on
this account n t ways "sari en c un n apply to the
terntinatcd, interest will be charged on the outstanding principal balance at a rate that may change from lime to titnc. Each new rate will
outstanding balance on your account and all new borrowings until the rate changes again.
3. AUTHORIZED SIGNERS. In the Agreement, you are to designate the person(s) who arc authorized to write checks or obtain funds from this
ti inc, permit without the signature or endorsement of any other Borrower. Any ono of the
a ccount by any other means as we may, from time to
authorized signors may act alone. If molt than one na
mo is identified as Borrower, each individual Borrower named has authority to write checks or
obtain funds from this account e. any other atone as we may, from t ime
to time, permit without th signature or endorsement of any other Borrower. !
I
We may honor drafts dream by an authorized signer even if the drafts are made payable t6 the signer, to cash, or for deposits to the authorized 1
signer's personal account We have no duty to investigate or question the application of Line ihnds. We may refuse to honor drafts or requests for
funds ifwc arc uncertain as to h ave continuing authority to act as an authorized signer, or if the signature on a draft does not appear to be that of an
authorized signer.
4. HOW YOU AGREE TO THE TERMS OF THIS ACCOUNT. Applying for the line, using your account or permitting someon else to use your
account constitutes your agreement with us lobe bound by this Agreement
S. ACCOUNT PRIVILEGE
S. We have established this account for you with a Maximum Credit Limit in the amount set forth on the first page of t
this Agreement which may change from time to time and which will appear on your monthly billing statement You may use this credit to obtain loans
from time to time until the Expiration Date by writing checks given by us to you for that special purpose in amounts of not less than S 1 000.00 or by
using other methods which we may permit. You may not use this account to make payments on t or any other PNC Bank account. You may
continue to obtain loans until this account is terminatcd or the Expiration Date, whichever is earlier. You authorize us to charge this account for all
write on this aeeoun4 for loans you make and for interest end any other amounts which You agree in this Agreement to pay. If you lose the
cheeks you em wi
checks which were given to you to obtain loans from this account, or some has obtained ththout Your Permission, you must tell tie
immediately. You acknowledge and agree that in no event will we be under any obligation to extend or renew this account beyond the initial Expiration t
Date.
,
I'
H I
' i I
(.Page 4 of 13)
agree to pay checks which are dated, drawn and issued on this account by you prior to the earlier of the termination of this account or the
We
Expiration Date. We are not obligated to pay checks that cause your balance to exceed your Maximum Credit Limit We arc not obligated to pay any
checks dated, drawn or issued by you or rcenved by us after this account is terminated, if your balance exceeds your Maximum Credit Limit, or if your
checks have been reported lost or stolen. You agree that the only checks that you will write to make loans from the account will be chose issued by us for i
that special purpose.
6. OVTRDRAff PROTECTION. If you elect Overdraft Protection for this account, we will make a deposit W the business checking account with a
designated by you whenever a withdrawal u made from that checking account, tither by writing a check from the checking account or in some other way, in
designated which is hero money than the balance in that checking account. The amount which we will deposit will be the amount by which the withdrawal
an exceeds the balance in the checking account, rounded e up to the next whole SI.00; however, the amount which we will deposit will not be less than $50.00.
We will charge the amount of the deposit as a tom *OM this account. We do not have to rake o deposit to the checking account if a deposit will cause the
balance of this account to exceed the Maximum Credit Limit or would violate this Agreement Checking account checks which are retched will be subject
to our regular overdraft charges.
7. YOU AGREE.
a) not to write checks for less than 51,000.00;
b) to repay all amounts advanced hereunder together with interest as provided in this Agreement;
C) nut to rrnkc loans from this account which will cause the outstandrngbalanee on this account at any time to exceed the Maximum Credit
Limit which we have now approved or may approve at my time in the future
d) to immediately pay the amount of any loans in excess of the Maximum Credit Limit;
e to give us such financial statements as we may request from time to time;
f) to pay us costs of collection, including court costs and reasonable legal fees and expenses allowed by law, if we refer your account to an
attorney for collection:
g) not to give us false information or signatures at any time each let anyone ch trwnth any payment noels ot fifteen account; 1 S) days of its Payment Duo t
h) to pay a Late Charge, as provided in this Agreement, for ea
Date; and
i) to honor any and all other promises that you make in this Agreement
8. SECURITY INTEREST. Money on deposit with us and property held by us secure loans made under this Agreement; collateral securing ocher
obligations to us may also see a loans under this Agreement.
9. INTEREST. The interest rate on the Line is sub'ect to change from time to time based on changes in an independent index which will be the highest
I Prime Rate published in the "MonentRat�towc
rn we a Wall tr our our if the In b comes un a� abl I g m term of this a reported we msy I et nf
The Index is not designate a substitute index after notifying Index for a Billing Cycle is
you a wt te you Curren
credit and loans based tin other rates as well, The interest rate change will not > a glen than each m onth. The
determined on the first day of that cycle based on the index for the to th in bala cc o this a count is re orted. by a cur I is o f forth
on the first pale of this Agreement The interest rate W be app e unpaid principa
percentage points (the "Margin ") W the Index. This Margin is set forth on the first page of this Agreement. as is the initial interest rate for the account (the
Index rate plus the Margin).
Intacst on the principal balance of loans outstandingon this account is computed on a 3651360 simple interest bass; that is by applying the ratio p
the annual interest rate on the first day of the Billing Cycle over a yeat of 360 days W obtain a daily periodic rate, multiplied by the avenge dandy principal
balance during the Billing Cycle, multiplied by the actual number of days in the Billing Cycle. Under no circumstances will the interest rate on this account
be mare than the maximum rate allowed by applicable law.
You agree to pay the accrued and unpaid interest on this account each month on the Payment Due Date.
10, MONTHLY INTEREST PAYMENTS.
Your payments must be sent W us at the address shown �ee or otsuuc d h pl as w th d principal, r any remain n rwi to a utgtaida� or
required by applicable law, payments will be app Y acc
collection costs and any late charges.
11. LATE CHAROEiS. Ifyou fail to pay us the payment due by the payment due date reficeted your monthly statement, we may charge you a Late
Charge of S 10 or 5% of the amount past due, whichever is less. with us
12. AUTOMATIC PAYMENT; DEPOSITORY; INCREASE OF MA o R 'c N o�L u Y P � e author i ze b t0 deduct your monthly payments on t account from
during the arm of this Agreement which shall your primary lle ry uired to advinict funds
to cover the paymenh We rrservc the Tight t are rminau auto matic lectod f a p n a d y nt servile a any hmc with m thkwt cause. if y be revoke your authorization
4 for us to auWmaucally deduct your rrron ly a r option, upon thirty (30) days once acco ntroase the interest rate Margin set forth on the fist
account with us which may be charged, we
page of this Agreement by up to 0.25 percentage points (0.25 %).
If you fail to establish and maintain your primary depository account with us, we may, at our option, upon thirty (30) days notice W you, lnereasc the
interest rate Margin set forth on the first page ofthis Agrecrnentby up W 1.00 pctcxntaSt points (1.00%).
hereby reserved, and shall not constitute a wai ease or 1 mitatfurc ur exenc se, of any such lights or eorne i remedies we may have, all of tvhich ors
i
(page 5 of 13)
7 ), PR E PA YMENT. You may Pay without penalty all or any portion of the amount owed earlier than it is due. Early payments wilt not relieve you of
your obligation to continue to make payments of accused un paid interest. Rather, they will reduce the principal balance due,
'
14. MONTHLY STATEMENTS AND CHECKS. We wilt send you a monthly statement for each billing cycle in which activity is posted to this
account or if thae is a debit or Refit balance of mire that lade Or for and the batancc which y u owe. All ppa be received by us in U S. do lars
made, the amount due for accrued unpaid interest, paym yo ur agent in receiving payments on
I
at the remittance address disclose on your monthly billing statement. Any subsidiary or atfilsate of ours may act aS it age 8 P e
this account Unless you notify of us in writing of errors in the statement within sixty (60) days from the date it is mailed, the statement shall be
considered correct and u noti by you. We need not mail you a statement if we deem this account uncollxtabk or if dclinqueney collection
hi
proceedings have been started by us. If there is more than one Borrower, each agrees that if the statement i9 scot to and accepted by any of you, it shop be
considered correct as to and accepted by all of you. We shall retain all checks drawn on this account
15. CREDIT nVIEW. By accepting this account, you authorize us to check your credit and employment history and to answer any questions abut
our experience with you. You also authorize us to obtain from and exchange information with our affiliates and correspondents. Information from credit
bureaus was obtained with respect to this account if yu ask, we will tall you whether or not a consumer credit report was requested from a credit hureau
and the name and address of the credit burcau(s) that provided the consumer credit repoA. At our option, we may obtain updated credit bureau reports and
income verifications on you as is reasonably necessary to protect our interests.
16. CUSTOMER INFORMATION. You understand that we share transaction information with PNC Bank a(lilla a nd with any third party that u or a third performs servi for y ou do not us ta personal, nontransaetion information with PNt transferred. k We affit',atcs please write us P Bank. P. O. Box i
party may Pro Y
46466, Pittsburgh, Pennsylvania 15226. Be sure to include your name, address, account number(s) or Social Seeuri ty/btN mum (s ,
17. DEFAULT. You will be in default if any of the following happens'
a) If you fail to pay any payment when it is due;
b) 1 f you fail to pay us the amount of any advances in excess of [he Maximum Credit Limit within ten (10) days otter are mail a noun to
you demanding the money.
C) if you use the proceeds of loans from this account for a purpose not permitted under this Agreement;
1
antor fail to provide us with an up
d} if you or any guar financial statement upon our request;
e) 1 f you die, are put in jail, or if a court with proper jurisdiction to do so finds that you are incapac itated;
f) if you make an assignment for the be iefitofcreditors, if you am or become insolvent, if a receiver is appointed for any part of your
property, ropery y
orifbankruptcyOrrecei rsh{pproce dings arc filed by or against you; yP of ours;
If anyone files a lawsuit or Fets a judgment against You, or attaches or levies on an
h; if you do not notify us within ten days of any change in your address;
t i) If you have made any within
statements or have provided us with false information or signatures at any time;
If you fall to keep any promise or perform any duty in this Agreement or any other loan or agreement with us; oth
sal
you tau u ,
an other creditor or person that may materially affect any of your property or your ability to repay this accoun or perform your
obligations under this Agreement;
1) If any creditor tries to rake any of yourproperty on or in which we have a lien or security interest (this includes a garnishment of any of
your accounts with us); deposit aceountwithus;
M ) if you fail to establish and maintain your primary
n) [f a material adver4e change occurs in your financial condition, or we believe the pros pect of payment ar performance of the account's
impaired;
o) if any of the events described in this default section coccus with respect to any guarantor of is ac
rarity of this account or any other loan
P) tf any guarantor seeks, claims or otherwise attempts to limit, modify, revoke such guarantor's guaranty
with us; or
q) if we, in good faith, deem ourselves insecure.
18. OUR RIGHTS UPON DEFAULT. {f a default occurs, we will have no further duty to pay checks or make advances from this account and this
` account will be terminated. This will happen without notice to you. if we choose, at our s
p ole option, to pay checks from this account s amounts
advances after default, you agree that we may charge those loans to this count. It any event described in Sections ] 7(f), (g) (h) PP
which you owe us under this Agreement shall lx immediately due and payable without prior notice i you, or right to cure, except d sired by law. If c us under this Agreement
wi hou prior notice e ified in or right to cure opt m required by 1 u . other pro prov of this A at geeement will caitiu to apply to tyliis at account cunt
we get a judgment after default and/or you are a debtor in an action filed by or against ou
t under the Bankruptcy Code, unless prohibited u applicable
law the rates applicable to this account will continue to apply to the balances an this account A default under this Agreement is a default under every
other note, loan agreement or security agreement that you have with us.
your account Tnu
Upon default, if we declare the entire outstanding principal, unpaid 'interest and charges on immediately the variable rate on t
that amount inn rediately, Upon your default, we may increase the interest Margin up to five percentage p { ) t You
account, if allowed by law. We may hire or pay someone else to help us collect this account rf you fail d start], W�ther ornotwe hire nyo a els to t help us
agree to pay our collection costs (including, without limitation, the cost of in -house attorneys an
collect this account. This includes, subject to any limits under applodimblclaw, din a n Y`o i ra to ex
ny automatic a y or i njjunction), appeals
including attorneys' fees and legal ex crises for bantrruptcy proceedings (including court ecru dnot prohibited by
and any anticipated postyudgment collection =vicec. In addition to ail other sums provided by taw, you will also Pay any P
applicable law.
(page 6 of 13)
19. FEB. Your account is subject to the Annual Fee described on the first page of this Agreement. The Annual Fee will be charged in advance
on the anniversary date of your account and is not refundable.
20. TERMINATION BY YOU. You may terminate this Agreement at any time that you are not in dcfoult by: (i) mailing or delivering a written
notice to us that you are terminating this account; (ii) paying us the outstanding principal balance of the account, the accrued and unpaid interest on othcfcrcdit
the balance, and all other amounts due in accordancea and that were rovid to you m access your account. You will conti continue to be tab a for any
access devices, if applicable, which are our property P
i advances made pursuant to unreturned checks Any use of checks alter the account is terminated may be considered fraudulent.
21. TERMINATION BY US. Upon sixty (60) days prior written notice to you, we may terminate this account, with or without cause, and demand
full payment of the outstanding principal balance Of the account, the accrued and unpaid interest on the balance, and all other amounts due in
accordance with the terms of this Agreement. Unless our notice provide otherwise, we will have no Mother obligation to make any new loans to
you. Termination under this paragraph will not affect any checks which comply with this Agreement and which were written and issued by you
io loans made under this Agreement before the date on the termination notice. If we choose, at
before the daft on the termination notice or any other
our sole option, to pay checks io make advances thew we have terminated this account, you agree that we may charge those loans to this account.
After termination, the checks and other credit access devices, if applicable, which are our property and that were provided to you to access your
account must be returned to us immediately.
22. CONVERSION TO TERM LOAN. We retain the right to convert all or any part of the outstanding indebtedness under this account into an
amortizing term loan with or without cause, upon providing sixty (60) days p
ccco t so converted d y ou Term Loan Port on"X and you will be
this
right, we will compute a new monthly payment with respect to the part payments advised of such new monthly payment with respect to the Term Loan Portion in the Conversion Notice. is on the h Trm Loan Portion
following the Conversion Notice shall be based upon an amortization period specified in the Conversion Notice (the "Amortization Period").
Subsequent payments on the Term Loan Portion shall be determined monthly and shall be in the amounts detenmined by us to be necessary y
amortize the then outstanding principal balance of the account so converted over the then remaining Amortization Period at the effective interest rate
on the account as of the date the amount of such payment is calculated by us. All outstanding principal and acc interest writ be due on the last
'
i day of the Amortization Period. Following the Conversion Notice, the Maximum Credit Limit of the account shall be reduc . upon the en1 in full ful of The
the Tenn Loa Portion. You may not reborrow repaid amounts of the Tom Loan Portion unless otherwise agreed by us. payment
Term Loan Portion and with our consent, the full amount of the account maybe reinstated. All ofthe provisions of this Agreement shall apply to the
Term Loan Portion except to the extent inconsistent with this paragraph.
23. OUR LIABILITY. We have no responsibility for failure of any machine, merchant or other party to hono ul dishonor of s check cans whi
this on
we may permit from time to time to be used to obtain a loan from this account. undo the tcma of , for wr mend is not wrongful dishonor.
account is limited to your actual damages. Dishonor for any reason as pro
AymtNT AND FICATiON OF CHECKS. Procedures and laws applicable to postdated,
stale dated, and stop payment of checks in connection with transactions on regularbusiness c ec ng acooun s PP
Agreemen ou not in t(doolllars and cents of the check at a branch office, o by calling o wriiting usat the fooliowin dd PNC ��� chock
number, payee
Bank, Centralized Customer Assistance, 2730 Liberty Avenue, time and;; a nn er which affords us a 15222. We will not re liable for p ity to a f r req is
incom fete, incorrect in any detail or is not provided to us in a time and mnn reasonable o ni to act upon it. We will not
"certify" a check on this account i
25. AMENDMENT OF AGREEMENT. we may amend this Agreement from time to lime, in any respect, by giving you written notice where
required bylaw. Such amendments will apply to outstanding balances and new loans except as otherwise indicated in the written notice. If you do
no
required
Conditions b yithi terms (30) days o the date we sen utif our�nntia of th ele ction am e n dment . to an
ik the account pursuant to Section 20 of these
26. YOUR RESPONSIBILITIES TO US. if more than one person is identi fied as Borrower, each and o yo
vance e a , to r
individually and together, to us for payment in full of this account. if we extend credit to you by Posting any advance
receiving written notice of your death or incapacity, such transaction shall be a valid and binding obligation of your estate and upon your heirs and
personal representatives.
27. REMEDIES CUMULATIVE. Our remedies under this Agreement shall be cumulative and not alternative.
28. DELAY IN ENFORCEMENT. We can delay in enforcing any of our rights under this Agreement without losing them. Any waiver by us of
any provision of this Agreement will not he a waiver of the same or any other provision on any other occasion.
29. ASSIGNMENT. You may not assign or otherwise transfer your rights and privileges under this Agreement, or delegate your obligations 10
repay amounts you owe us, Any attempt by you to assign or delegate will be void and of no effect. We may assign any and all of our rights under
this Agreement at any time without your consent. A person(s) to whom we assign this Agreement shall be entitled m all of our rights under this
Agreement. None of yourrights or obligations shall be effected by such assignment.
30. REPLACEMENT OF PRIOR AGREFMENTS. 'Phis Agreement replaces all earlier agreements and govems all balances on this account,
including balances carried over onto this account from any prior account just as if it had been in effect before the first advance from this account.
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(page 7 of 13)
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31. GOVE1LyING LAW AND CONSTRUCTION; . This Agreement has been delivered to and accepted by us and will be
deemed to be made in the State where our office indicated on the first page or this Agreement is located. Regardless of the State of your
residence, you agree that this Agreemrnt will be interpreted, and the rights and liabilities ofthe parties determined, in accordance with, the laws
of the State when our office indicated on the first page of this Agreement is located, excluding its conflict of laws rules. You irrevocably I
consent to the exclusive jurisdiction of any state or federal court located for the county or judicial district where our office indicated on the first
page of this Agreement is located, and consent that all service orprocess may be sent by nationally recognized overnight courier suviee directed
to you at your address set forth on the first page orthis Agreement and service so made will be deemed w be c acti odeoforci a ward or aft
deposit with such courier, provided that nothing contained in this Agreement will prevent us from bringing any on an othegcounty, state or
judgment or exercising any righu against you individually. Iky, against any security or against any of yo property Y
Other foreign or domestic ded in this ra a h is the most convenient forum for
jurisdiction. You acknowledge and agree that the venue provided
I both you and us. You waive any objection to venue and any objection based on a more convenient forum in any action instituted under this
Agreement
i
32. SEVERABILITY. 1f any provision of this Agreement is held to be invalid or unenforceable, such determination shall not affect the
i validity or enforeeabifity of the re maining provisions of this Agreement.
33. GENERAL PROVISIONS. To the fullest extent allowed by law, you and any othtr� Person o of dic nos Upon any change this
account waive any applicable statute of limitations, presentment, demand for payment, p guaran _
Agreement, and unless otherwise expressly slated in writing, no obligated on this newunt, directl n or
or a ranto or haa ll b er el or id iyrorn
liability. we may renew or extend (repeatedly and for any length of time) this account, or release any Party 6 us without the consent of, or
fail to realize upon or perfect our Secur interest in any collateral; and take any other action deemed necessary b with whom the modification is
notice to, anyone. We may modify this account without the consent of, o notice to, anyone other than the patty
made. Any notice to us which is
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(Page 8 of 13)
ID PNCBAN<
BUSINESS BANKING LINE OF CREDIT AGREEMENT
ADDITIONAL TERMS
Borrower: JO JO'S PIZZA
1104 CARLISLE ROAD
CAMP HILL PA, 17011
i
Bid; PNC Bank, National Association
4242 Carlisle Pike
Camp Hill, PA 17001
Introductory Rate: 6.25 %n
Billing Cycle: 6
Dear JO JO'S PIZZA, thank
Congratulations! We are delighted that you have chosen to obtain a line of credit from PNC Bank. To of these or
your business, the special terms indicated below apply to your unsecured line of credit. The p
Additional Terms shall supersede any inconsistent provisions of the enclosed Business Banking Line of Credit
Agreement (the "Agreement ") so long as you remain a PNC Bank Business Checking customer and shall be deemed
to be an Amendment to the Agreement issued in accordance with Section 25 of the Agreement. Thank you for ur yo
business.
1. DEFINITIONS AND TERMS USED. Unless otherwise specified, any initially capitalized terms used herein
without definition shall have the meanings assigned to those terms in the Agreement.
2. INTRODUCTORY INTEREST RATE. Interest on the balance of the Amount Financed outstanding from time to
time shall be computed on a 365/360 basis as the Introductory Rate indicated above for the number of full Introductory
Billing Cycles indicated above.
3. TERMINATION Or. INTRODUCTORY INTEREST RATE• if the number of full Introductory Rate Billing
Cycles indicated above have been completed, interest on the balance of the Amount Financed outstanding from time to
time shall be computed in accordance with Section 9 of the Agreement.
4. WAIVER OF ANNUAL FEE. During the first year of the Agreement, the Annual Tree specified on the first page
of the Agreement shall be waived. If you do not maintain your primary deposit account with us pursuant to Paragraph
12 of the Agreement, the Bank may, at its sale discretion, charge a pro -rated Annual Fee to your account for the
remainder of the first year of the Agreement.
I
Page: 1 Document Name: untitled
R121 -2 13:14:06 RECOVERY MANAGEMENT SYSTEM PP51961 10/23/12
ACTIVE 0001 Review for Clearing R5.1
Acct...: 6356
Name...: JO JO'S PIZZA
Address: 1104 CARLISLE RD
Address:
City...: CAMP HILL State: PA
Ph(HO).: 7175146263 Zip..: 170116203
Ph(Off): 9999999999
Clearing amount as of 10/23/12
Interest at 6.25 % from 08/24/10 3,833.31
Account Balance.........: 22,586.89
Total Clearing Amount...: 26,420.20
4.85 interest will accrue daily until your next payment.
PF Keys: 3 =Prev 5 =Print 12 =PRIM
OUT
3
Date: 10/23/2012 Time: 1:14:07 PM
i
VERIFICATION
The undersigned does hereby verify subject to the penalties of 18 PA. C.S. 4904
relating c
to unsworn falsifications to authorities, that he /"is LAKA-( �Tac Km -4c-6
(NAME)
A5st5 -raNrVJC parOSIVENg of plaintiff '
(TITLE) (COMPANY)
herein, that he /s1w is duly authorized to make this verification, and that the facts set forth
in the foregoing Complaint in Civil Action are true and correct to the best of his /her
knowledge, information and belief.
( f 6N A )
i
i
WWR# 9824825
t
i
i
i
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SHERIFF'S OFFICE OF CUMBERLAND-COUNTY
Ronny R Anderson
� �}-
SheriffU� ��.
,x��ttti, ar t..�r tjbpez (I-I_ Joni
Jody S Smith
Chief Deputy + 4 +
Richard W Stewart
Solicitor OFFICE f� UMSERLP
PEN�5YL�IANIA
PNC Bank, N.A.
vs. Case Number
Brian Kan (et al.) 2013-2345
SHERIFF'S RETURN OF SERVICE
05/10/2013 06:33 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: Brian Kan d/b/a Jo Jo's Pizza at 329 Deerfield Road, Lower Allen, Camp Hill, PA 17011.
RYAN BURG ^u'E°RUFrr
05/10/2013 06:33 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: Brian Kan at 329 Deerfield Road, Lower Allen, Camp Hill, PA 17011.
RYAN BURGETT, D
SHERIFF COST: $77.90 SO ANSWERS,
May 13, 2013 ROW R ANDERSON, SHERIFF
(c)countySuito Sheriff,Teleosoft,Inc.
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLVANIA
CIVIL DIVISION
f_a ra `.,
r".s
v�
PNC BANK,N.A. L. rn
rritai ._... �'
-� c `._.
Plaintiff N c:, ;"
r_
vs. Civil Action No. 13-2345 CIVIL r"G -'v c y'.
?>C)
BRIAN KAN individually and - �-` ' .
D/B/A JO JO'S PIZZA L
Defendant
PRAECIPE FOR DEFAULT JUDGMENT
TO THE PROTHONOTARY:
Kindly enter Judgment against the Defendant, Brian Kan individually and d/b/a Jo Jo's Pizza above named, in the
default of an Answer, in the amount of$28,684.58 computed as follows:
Amount claimed in Complaint $26,420.20
Interest from October 23, 2012 to June 17, 2013
at the rate of 8.25%per annum $764.38
Attorneys' Fees $1,500.00
TOTAL $28,684.58
I hereby certify that appropriate Notices of Default, as attached have been mailed in accordance with PA
R.C.P. 237.1 on the dates indicated on the Notices.
WELTMAN, WEINBERG&REIS CO.,L.P.A.
By:J
P.Va 1II)IL_
cko,Esquire
PA I.D.#795 6
Weltman,Weinberg&Reis Co.,L.P.A.
1400 Koppers Bldg.
436 Seventh Avenue
Pittsburgh,PA 15219
(412)434-7955
WWR#9824825
Plaintiff's address is:
c/o Weltman,Weinberg&Reis Co.,L.P.A., 1400 Koppers Building,436 7th Avenue,Pittsburgh,PA 15219
And that the last known address of the Defendant is: 329 DEERFIELD RD,CAMP HILL,PA 17011 ���
arn-� d al-ij
CV ii/6/90'.
4 aga185
N hee Flailed
IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY,PENNSYLVANIA
CIVIL DIVISION
PNC BANK,N.A.
Plaintiff CASE#: 13-2645 CIVIL
BRIAN KAN individually and
D/B/A JO JO'S PIZZA
Defendant
IMPORTANT NOTICE
TO:
Brian Kan Individually And
D/B/A Jo Jo's Pizza
329 Deerfield Rd
Camp Hill,Pa 17011
Date of Notice: L0/1-1
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 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 NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO
TO OR TELEPHONE THE FOLLOWING 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
(717)249-3166
WELTMAN,WEINBERG& REIS CO.,L.P.A.
By: 2
Matthew D, Urban, Esquire
P.A.I.D.#90963
436 Seventh Avenue, 1400 Koppers Building
Pittsburgh,PA 15219
Phone: (412)434-7955
WWR#9824825
IN THE COMMON PLEAS COURT OF COMMON PLEAS
CUMBERLAND COUNTY,PENNSYLVANIA
CIVIL DIVISION
PNC BANK,N.A.
Plaintiff
Civil Action No. 13-2345 CIVIL
vs.
NON-MILITARY AFFIDAVIT
BRIAN KAN individually and
D/B/A JO JO'S PIZZA
Defendant
The undersigned is the duly authorized agent and/or attorney for the Plaintiff in the within matter and states
as follows:
Affiant states that the within Affidavit is made pursuant to and in accordance with the
Servicemembers' Civil Relief Act (SCRA), 50 U.S.C. App. 521.
Affiant further states that based upon investigation it is the affiant's belief that the Defendant,
Brian Kan individually and d/b/a Jo Jo's Pizza is not in the military service.
Affiant further states that this belief is supported by the attached certificate from the Defense
Manpower Data Center (DMDC), which states that the DMDC does not possess any information
indicating that the below individual is in the military service:
BRIAN KAN individually and
D/B/A JO JO'S PIZZA
329 DEERFIELD RD
CAMP HILL,PA 17011
Affiant further states that the averments contained herein are true and correct to the best of
Affiant's knowledge, information and belief and that these averments are made subject to the penalties
of 18 Pa C.S.A. §4904 relating to unsworn falsification to authorities.
Affiant
Department of Defense Manpower Data Center Results as oi:Jun-17-20131010:06
SCRA 3.0
',s Status Report
s � g Pursuant to Servicetnembers Civil Relief Act
� A
Last Name: KAN
First Name: BRIAN
Middle Name:
Active Duty Status As Of: Jun-17-2013
On Active Duty On Active Duty Status Date
Active Duty Start Date Active Duty End Date Status Service Component
NA NA No NA
This response reflects the individuals'active duty status based on the Active Duty Status Date
Left Active Duty Within 367 Days of Active Duty Status Date
Active Duty Start Date Active Duty End Date Status Service Component
NA NA No NA
This response reflects where the individual left active duty status within 367 days preceding the Active Duty Status Date
The Member or His/Her Unit Was Notified of a Future Call-Up to Active Duty on Active Duty Status Date
Order Notification Start Date Order Notification End Date Status Service Component
NA NA No NA
This response reflects whether the individual or his/her unit has received early notification to report for active duty
Upon searching the data banks of the Department of Defense Manpower Data Center,based on the information that you provided,the above is the status of
the individual on the active duty status date as to all branches of the Uniformed Services(Army,Navy,Marine Corps,Air Force,NOAA,Public Health,and
Coast Guard). This status includes information on a Servicemember or his/her unit receiving notification of future orders to report for Active Duty.
HOWEVER,WITHOUT A SOCIAL SECURITY NUMBER,THE DEPARTMENT OF DEFENSE MANPOWER DATA CENTER CANNOT AUTHORITATIVELY
ASSERT THAT THIS IS THE SAME INDIVIDUAL THAT YOUR QUERY REFERS TO.NAME AND DATE OF BIRTH ALONE DO NOT UNIQUELY
IDENTIFY AN INDIVIDUAL.
)164/# 40,ri/j010/4.,..."
Mary M.Snavely-Dixon,Director
Department of Defense-Manpower Data Center
4800 Mark Center Drive,Suite 04E25
Arlington,VA 22350
■
IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY,PENNSYLVANIA
CIVIL DIVISION
PNC BANK,N.A.
Plaintiff
vs. Civil Action No. 13-2345 CIVIL
BRIAN KAN individually and
D/B/A JO JO'S PIZZA
Defendant
NOTICE OF JUDGMENT OR ORDER
TO: ( )Plaintiff
(xx)Defendant
( )Garnishee
You are hereby notified that the following
Order or Judgment was entered against you
on tsiV li 3
(xx) Assumpsit Judgment in the amount
of$28,684.58 plus costs.
( ) Trespass Judgment in the amount
of$ plus costs.
( ) If not satisfied within sixty(60)days,your motor vehicle operator's
license and/or registration will be suspended by the Department of
Transportation,Bureau of Traffic Safety,Harrisburg,PA.
(xx) Entry of Judgment of
( ) Court Order
( ) Non-Pros
( ) Confession
(xx) Default
( ) Verdict
( ) Arbitration
Award
Prothonotary
By: r. eti
PROTHONOTARY(OR DEPUTY)
BRIAN KAN individually and
D/B/A JO JO'S PIZZA
329 DEERFIELD RD
CAMP HILL,PA 17011
Plaintiff's address is:
do Weltman, Weinberg&Reis Co.,L.P.A., 1400 Koppers Building,436 7th Avenue,Pittsburgh,PA 15219
1-888-434-0085