HomeMy WebLinkAbout13-3750 Supreme C ' ,ennsylvania
COU f,Comroa leas For Prothonotary Use Only:
C i l5.
Docket No:
Cu . B RL -ANb' / County 70
c_
The information collected on this form is used solely for court administration purposes. This form does not
supplement or replace the filing and service of pleadings or other papers as required by lax' or rules of court.
Commencement of Action:
S [@ Complaint El Writ of Summons Petition El Transfer from Another Jurisdiction Declaration of Taking
E
C Lead Plaintiff s Name: Lead Defendant's Name:
Z' PNC BANK, N.A. MIXELL ELECTRIC, INC.
Dollar Amount Requested:. �]x within arbitration limits
I Are money damages requested? El Yes Q No (check one) []outside arbitration limits
t0
f
N Is this a Class Action Suit? Yes XI No Is this an MDJAppeal? 0 Yes Ex 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.
TORT (do not include Mass Tort) CONTRACT (do not include Judgments) CIVIL APPEALS
Intentional F1 Buyer Plaintiff Administrative Agencies
El Malicious Prosecution 0 Debt Collection: Credit Card Board of Assessment
C Motor Vehicle x Debt Collection: Other Board of Elections
Nuisance LINE OF CREDIT Dept. of Transportation
0 Premises Liability El Statutory Appeal: Other
S Product Liability (does not include J Employment Dispute:
E mass tort)
El Slander/Libel/ Defamation Discrimination
C El Other: Employment Dispute: Other _t Zoning Board
T Other:
I Q Other:
MASS TORT
I_ I Asbestos
N p Tobacco
Toxic Tort - DES
Toxic Tort - Implant REAL PROPERTY MISCELLANEOUS
Toxic Waste Ejectment
0 Other: 0 Common Law /Statutory Arbitration
0 Eminent Domain /Condemnation El Declaratory Judgment
B 0 Ground Rent 0 Mandamus '
_a Landlord/Tenant Dispute Non - Domestic Relations
Mortgage Foreclosure: Residential Restraining Order
PROFESSIONAL LIABLITY 0 Mortgage Foreclosure: Commercial Quo Warranto
0 Dental Partition 0 Replevin
11J Legal Quiet Title 0 Other:
E 0 Medical 7 Other:
Other Professional:
Updated 1/1/2011
T �L.tf Ui' FI�Jt
WELTMAN, WEINBERG & REIS ,0.i '9 OTHONOTA R RY
Attorney for Plaintiff(s)
BY: James P. Valecko, Esquire 202 JUN 28 Phi 1: !¢3
I.D. No.79596 CL)Mt3ERLAND COUNTY
436 Seventh Avenue, Suite 1400 PE NNSYLVA NI A
Pittsburgh, PA 15219
Phone: 412.434.7955
Fax: 412.434.7959
File # 9900943
IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
PNC BANK, N.A.
Plaintiff I
vs. Civil Action No. � 3
7SO ill
MIXELL ELECTRIC, INC. and
RONALD M. MIXELL as Personal Guarantor
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
-4p b3.7s
�0 #
COMPLAINT
1. Plaintiff is a corporation having offices at 3232 Newmark Drive, Bldg 2, Miamisburg, OH
45342.
2. Defendant, Mixell Electric, Inc., is a Pennsylvania corporation with a last known address
of 100A Creek Rd, Carlisle, PA 17013.
3. Defendant, Ronald M. Mixell, is a Pennsylvania corporation with a last known address of
110 Hoy Rd, Carlisle, PA 17013.
COUNT I — AGAINST MIXELL ELECTRIC, INC.
4. Defendant, Apex Management Group, LLC, 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.
5. Defendant made use of such credit granted by Plaintiff and has currently a balance due and
owing to Plaintiff, as of March 26, 2013, in the amount of $35,508.51. A true and correct copy of
Plaintiffs Account Details is attached hereto, marked Exhibit "3 ', and made a part hereof.
6. Defendant defaulted under the terms of the parties' agreement by failing to make the
required payments to Plaintiff when due.
7. 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.
9. Plaintiff avers that the written Agreement between the parties provides that Plaintiff is
entitled to the addition of finance charges.
10. Plaintiff avers that it is entitled to finance charges at the rate of 6.25% per annum on the
unpaid balance.
11. Plaintiff avers that the Agreement between the parties provides that Defendant will pay
Plaintiff's reasonable attorneys' fees.
12. Plaintiff avers that such attorneys' fees amount to $1,500.00.
13. Although repeatedly requested to do so by Plaintiff, Defendant has willfully failed and /or
refused to pay the principal balance, attorneys' fees, interest, or any part thereof to Plaintiff.
WHEREFORE, Plaintiff demands Judgment on Count I against Defendant, Mixell Electric, Inc.,
individually, in the amount of $35,508.51 with continuing interest thereon at the rate of 6.25% per annum
from March 26, 2013, plus attorneys' fees of $1,500.00 and costs.
COUNT II — AGAINST RONALD M. MIXELL, PERSONAL GUARANTOR
14. Plaintiff incorporates herein by reference thereto each and every of the preceding
paragraphs of this Complaint as if the same were more fully set forth herein.
4
15. As further inducement for the extension of credit to Defendant, Ronald M. Mixell,
executed and delivered to Plaintiff his personal guaranty, a true and correct copy of which is attached
hereto, marked as Exhibit "3 ', and made a part hereof.
16. Although repeatedly requested to do so by Plaintiff, Defendant has willfully failed and/or
refused to pay the aforesaid balance, interest, attorneys' fees or any part thereof to Plaintiff.
WHEREFORE, Plaintiff demands Judgment on Count II against Defendant, Ronald M. Mixell, on
his personal guaranty, in the amount of $35,508.51 with continuing interest thereon at the rate of 6.25%
per annum from March 26, 2013, plus attorneys' fees of $1,500.00 and costs.
WELTMAN, WEINBERG & REIS, CO., L.P.A.
(' 11
James P. V lecko, Esquire
I.D. No.79596
436 Seventh Avenue, Suite 1400
Pittsburgh, PA 15219
Phone: 412.434.7955
Fax: 412.434.7959
File # 9900943
Q PNCBAlNK
CHOICE CREDIT FOR BUSINESS APPLICATION - PENNSYLVANIA
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,
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 i
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 3
Borrower will pay all expenses, including but not limited to: documentation fees, annual fees,
mortgage taxes, insurance premiums, recording and filing fees, overdraft protection fees,
appraisal fees, etc.
By signing below, the undersigned Applicant(s), who islare either a principal(s) of the
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, Ilwe affirm mylour
identity (ies) as the respective individual/s identified in this application.
2. information Sharing Each Applicant understands that in order to serve our customers
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 thins 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
Y HBIT
PCBSCO22 Application -PA- 0401 -07
(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).
3. Terms and Conditions If this application is for: (a) a Choice Credit`"' for Business Line; (b) a
Choice Credit`' for Business Tenn 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, 'K
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 Tenn Loan Agreement, as
I 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 Terns and Conditions; (ii) all credit
requested or obtained under the Credit Facility shall be subject to the Terms and Conditions; (iii) . ii
i-
any request by the Borrower for credit under any Credit Facility shall be conclusive evidence that "`
the Borrower has received the Tenors and Conditions and agreed to the terms thereof; and (iv) it
shall pay to the Bank all amounts outstanding from time to time under any Credit Facility in
accordance with the Terns and Conditions. The Borrower agrees to immediately notify the Bank 9.
if it does not receive the Terns and Conditions within seven (7) days after submission of this I
application to the Bank, or if the Borrower does not agree to be bound by the Terns and
Conditions upon receipt thereof. The Borrower agrees that if it does not agree to be bound by the �`
I
Terms and Conditions, the Borrower promises to immediately repay to the Bank any proceeds of i.
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 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.
I'
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, LZI
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 In
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, 3
notice of default, diligence, presentment, notice of dishonor, protest, or demand for payment.
PCBBCO22 Application- PA -04 -01 -07
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
Obligations, any other guaranties or any security for any Obligations; (c) apply any and all
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 f
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 k
the Obligations are paid in full, each Guarantor postpones and subordinates in favor of the Bank r
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
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 r
be due on demand, will be included in the Obligations, and will bear interest from the incurring
or payment thereof in accordance with the Terms and Conditions. This Guaranty will be binding 14
upon and inure to the benefit of each Guarantor and the Bank and their respective heirs,
executors, administrators, successors and assigns. le
5. Right of Setoff In addition to all liens upon and rights of setoff against the money, 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 Terns and Conditions o
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 4
to, the Bank whether held in a general or special account or deposit, whether held jointly with e
someone else, or whether held for safekeeping or otherwise, excluding, however, all IRA,
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. i
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 1
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 due
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 y
$2,000, added for attorneys' collection fees. To the extent permitted by law, the Borrower j
and each Guarantor releases all errors in such proceedings. If a copy of this instrument, '=
PCBBCO22 Application- PA- 04 -01 -07
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
l judgment shall accrue at a rate per annum which shall be five percent (5 %) in excess of the
interest rate in effect from time to time under the Terms and Conditions but not more than
j 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
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 SPECIFICALLY 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- PA404 -01 -07
r
I
Agreement Signatures
Borrower(s):
Borrower(s): \\
(Name of Corporation, Partnership 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 Sble Proprietor -- Owner; a Corporation — President,
Vice- President, Secretary, or Treasurer; an LL.0 -- Member.
If Borrower is a legal entity, the undersigned officers) /partner(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 line of credit is approved,
Borrower hereby requests the Bank to make an advance under the Credit Facility in an amount of $
[C PLETE FOR LINES OF CREDIT ONLY] at the time of closing and directs the Bank to deposit such advance
i o B mower's PNC Bank business checking account noted in the Application.
Sign
" 15N—
ignature
e a Title (please print) Name and Title (please print)
uvo
D ate q G/ ate
O f
Guarantor(s): (Ail owners and principals or the Borrower(s) must sign as guarantors)
S' ture
( YT
e o ly, no title) ignature (Name only, no tide)
4 e , o title, pleaso print) Name (No title, please print)
ate Date
0
I
I
PCBBCO22 Application -PA- 0401 -07
PI CBANK BUSINESS BANKING
BUSINESS BANKING LINE OF CREDIT AGREEMENT
ADDITIONAL TERMS
We are pleased to have You as a customer and to provide you with a copy of these terms and conditions (the "Terms and Conditions ") governing the lure
of credit ( "Line ") provided to ou by us. These Terms and Conditions are an important part of your Business Banking Line of Credit Agreement A supply
of checks to enable you to begin using your account will be mailed to you shortly. Please read these Terms and Conditions carefully. Your use or
acceptance of any Line proceeds will be deemed evidence of your agreement to these Terms and Conditions.
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.
"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 of the Bank have
been assigned.
'You,' "your," 'yours" or "Borrower" means the individuals) or entity(ies) identified on the first page of this Agreement who have applied to the Bank for
the One, 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 time, the Initial amount of which Is
identified on the first page of this Agreement
means the date which will appear each month as the "Payment Due Date" on the billing statement. The Payment Due Date will be determined by the
Bank at the Bank's discretion.
'Termination" means 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 DESCRIPTION OF THE ACCOUNT. This account is a revolving line account, sometimes called a line of credit. It is Intended to be used
only for business purposes. You represent that it will not be used primarily, for personal, family, or household purposes. You may obtain loans on this
an in the ways described in the "Account Privileges" section of this Agreement up to the Maximum Credit Limit until this account Is terminated..
Interest will be charged on the outstanding principal balance at a rate that may change from time to time. Each new rate will apply to the outstanding
balance on your account and all new borrowings until the rate changes again.
3. AUTHORIZED SIGNERS. In the Aggreement, you are to des note the person(s) who are authorized to write checks or obtain funds from this account
by any other means as we may, from time to time, permit wllhoul the signature or endorsement of any other Borrower. Any one of the authorized signers
may act alone. If more than one name is identified as Borrower, each individual Borrower named has authority to write checks or obtain funds from this
account by any other means as we may, from time to time, permit without the signature or endorsement of any other Borrower.
We may honor drafts drawn by an authorized signer even if the drafts are made payable to the signer, to cash, or for deposits to the authorized signers
personal account We have no duty to investigate or question the application of Line funds. We may refuse to honor drafts or requests for funds If we are
uncertain as to anyone's 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 someone else to use your account
constitutes your agreement with us to be bound by this Agreement
5. ACCOUNT PRIVILEGES. We have established this account for you with a Maximum Credit Limit in the amount set forth on the first page of this.
Agreement which mayy 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 Expiraton Date by writing checks given by us to you for that special purpose in amounts of not less than $1,000.00 or by using other
met which we may permit. You may not use this account to make payments on this or any other PNC Bank account. You may continue to obtain
loans until this account is terminated or the Expiration Date, whichever is earlier. You authorize us to charge this account for all checks you write on this
account, for loans you make and for interest and any other amounts which you agree in this Agreement to pay. If you lose the checks which were given to
you to obtain loans from this account, or someone has obtained them without your permission you must tell us 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 Date.
We 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 Expiration
Date. We are not obligated to pay checks that cause your balance to exceed your Maximum Credit Limit. We are not obligated to pay any checks dated,
drawn or issued by you or received 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 those issued by us for that special
purpose.
6. OVERDRAFT PROTECTION. If you elect Overdraft Protection for this account, we will make a deposit to the business checking account with us
designated by you whenever a withdrawal is made from that checking account, either by writing a check from the checking ccount or In some other way,
In an amount which is more money than the balance in that checking account. The amount which we will deposit wit be the amount by which the
withdrawal exceeds the balance in the checking account, rounded up to the next whole $1.00; however, the amount which we will deposit will not be less
than $50.00. We will charge the amount of the deposit as a loan from this account. We do not have to make a 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
returned will be subject to cur regular overdraft charges.
7. YOU AGREE:
a) not to write checks for less than $1,000.00•
b to repay all amounts advanced hereunder Together with interest as provided in this Agreement;
c not to make loans from this account which will cause the outstanding balance on this account at any time to exceed the Maximum Credit Limit which we
have now approved or may approve at any time in the future
d to imme lately pay the amount of any loans in excess of t}re Maximum Credit Limit;
e3 to give us such financial statements as we may request from time to time
f) to pay ua costs of wllection, including court costs and reasonable legs( fees and expenses allowed by law, if we refer your account to an attorney for
collection;
g not to glue us false information or signatures at any time or let anyone who la not a Borower use this account
h to pay a late Charge as provided in this Agreement for each month any payment Is not made within fifteen (15) days of its Payment Due Date; and
i) to horror 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 other
obligations to us may also secure loans under this Agreement.
UI�1111�11 Page 2
APSB RXH ® BIT 09062007APs00%o15
Q PNC BANK BUSINESS BANKING
1
9. INTEREST. The interest rate on the Line is subject to change from time to time based on changes in an independent index which wig be the highest
Prime Rate published In the "Money Rates" section of The Wall Street Journal for the last day of the preceding calendar month which is reported (the . E
Index "). The Index Is not necessarily the lowest rate we charge on our loans. If the Index becomes unavailable during the term of this account we may
designate a substitute Index after notifying you. We will tell you the current Index rate upon your request You understand that we may provide lines of
credit and loans based on other rates as well. The Interest rate change will not occur more often than each month. The Index for a Billing Cycle is J
determined on the first day of that cycle based on the Index for the last day of the preceding calendar month which is reported. The current Index is set
forth on the first page of this Agreement. The interest rate to be applied to the unpaid principal balance of this account is determined by adding a number
of percentage points (the "Margin ") to the Index. This Margin is seforth on the first page of this Agreement, as Is the initial interest rate for the account
(t Index rate plus the Margin).
Interest on the principal balance of loans outstanding on this account is computed on a 3651360 simple interest basis; that is, by applying the ratio of the
annual Interest rate on the first day of the Billing Cyycle over a year of 360 days to obtain a dal ��vr periodic rate, multiplied by the average dally principal r
balance during the Billing Cycle, multiplied by the actual number of days in the Billing Cycle. Un(d' r no circumstances will the interest rate on this account U
be more than the maximum rate allowed by applicable law.
10. MONTHLY INTEREST PAYMENTS. You agree to pay the accrued and unpaid interest on this account each month on the Payment Due Date. Your
payments must be sent to us at the address shown above or at such other place as we may designate In writing. Unless otherwise agreed in writing or
rreeqquire�d by a pllcable law, payments will be applied first to any accrued unpaid interest, then to principal, and any remaining amount to any unpaid r
cdiection costs and any late charges. 1
r
11. LATE CHARGES. if you fail to pay us the payment due by the payment due date reflected on your monthly statement, we may charge you a Late r
Charge of $100 or 5% of the amount past due, whichever Is less.
12. AUTOMATIC PAYMENT; DEPOSITORY; INCREASE OF MARGIN. You agree to establish and maintain a business checking account with us during
the term of this Agreement which shall be your primal depository account. You authorize us to deduct your month) payments on the account from the t
checking account automatically. If there are insufficlent collected and available funds in the checking account, we will not be required to advance funds to
cover the payment We reserve the right to terminate the automatic payment service at any time, with or without cause. If you revoke your authorization '-
for us to automatically deduct your monthly payments on the account from the checking account any reason whatsoever or fall to maintain a checking t
account with us which may be charged, we may, at our option, upon thirty (30) days notice to you, increase the interest rate Margin set forth on the first r
page of this Agreement by 0.25 percentage points (0,25 %).
r
If you fail to establish and maintain your primary depository account with us, we may, at our option, upon thirty (30) days notice to you, increase the
interest rate Margin set forth on the first page of this Agreement by up to 1.00 percentage points (1.00%). s
Our right to Increase the interest rate Margin pursuant to this Section shall be in addition to any other rights or remedies we may have, all of which are
hereby reserved, and shall not constitute a waiver, release or limitation upon our exercise of any such rights or remedies. v
13. PREPAYMENT. You may pay without penalty all or any portion of the amount owed earlier than it is due. Early payments will not relieve you of your
obligation to continue to make payments of accrued unpaid interest Rather, they will reduce the principal balance due.
L
14. MONTHLY STATEMENTS AND CHECKS. We will send you a monthly statement for each billing cycle in which activity is posted to this account or if r
there Is a debit or credit balance of more than $1.00 or for any billing cycle In which we impose Interest. The statement will show advances made the
amount due for accrued unpaid interest, payments made and the balance which you owe. All payments must be received by us in U.S. dollars al the s
remittance address disclosed on your monthy billing statement. Any subsidiary or affiliate of ours may act as your agent in receiving payments on this h
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 r'
correct and accepted by you. We need not mail you a statement If we deem this account uncollectable or if delinquency collection proceedings have been n
started by us. if there is more than one Borrower each agrees that if the statement Is sent to and accepted by any of you, it shall be considered correct r
as to and accepted by all of you. We shall retain all checks drawn on this account. c
15. CREDIT REVIEW. By accepting this account, you authorize us to check your credit and employment history and to answer any questions about our t
experience with you. You also auftiorize us to obtain from and exchange Information with our atfillates and correspondents. Information from credit 1
bureaus was obtained with respect to this account. If you ask, we will tell you whether or not a consumer credit report was requested from a credit bureau J
and the name and address of the credit bureau(s) that provided the consumer credit report At our option, we may obtain updated credit bureau reports
and income verifications on you as is reasonably necessary to protect our interests. II
16. CUSTOMER INFORMATION. You understand that we share transaction Information with PNC Bank affiliates and with any third party that performs
services for us in connection with this account or to whom this account may be transferred. We may also share other information you or a third party
provide. If you do not want us to share personal nontransaction information with PNC Bank affiliates, please write us at PNC Bank, P. O. Box 96K�
Pittsburgh, Pennsylvania 15226. Be sure to include your name, address, account number(s) or Social Security/EIN number (s). 3
17. DEFAULT, You will be In default if any of the following happens:
a If you fall to pay any pa yment when it is due;
b; ff you fail to pay us Bi(a amount of any advances In excess of the Maximum Credit Limit within ten (10) days after we mail a notice to you demanding
the money;
c) If you use the proceeds of loans from this account for a purpose not permitted under this Agreement; r
d 3 If you or any guarantor fail to provide us with an update statement upon our request; f
e If you die, are put in jail, or if a court with proper jurisdiction to do so finds that you are Incapacitated;
f1 If you make an assignment for the benefit of creditors, if you are or become insolvent, if a receiver Is appointed for any part of your property, or if I
bankruptcy or receivers (p proceedings are filed by or against yyou•
g If anyone files a lawsuit or gets a udgmerit against you, or attaches or levies on any property of yours; 1
fi If you do not notify us within ten days of any change In your address;
1) If you have made any untrue statements or have provided us with false Information or signatures at any time; x
if you fail to keep any promise or perform any duty in this A reement or any other loan or agreement with us; 3
If you default under any loan extension of credit, secur�ty agreement, purchase or sales agreement, or any other agreement, In favor of any other r,
creditor or person that may materially affect any of your property or your ability to repay this account or rform your obligations under this Agreement; is
I) K any creditor tries to take any of your property on or in which we have a lien or security interest �is Includes a garnishment of any of your accounts
with us ;
m) If a material adverse change occurs in your financial condition, or we believe the prospect of payment or performance of the account is impaired; r
n) H you fail to establish and maintain your pnmary deposit account with us;
o H any of the events described in this default sector occurs with respect to any guarantor of this account*
p If any guarantor seeks, claims or otherwise attempts to limit modify, revoke such guarantor's guaranty 4 this account or any other loan with us; or y
q fi we, in good faith, deem ourselves insecure.
16. OUR RIGHTS UPON DEFAULT. If 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 prior notice to you. If we choose, at our sole option to pay checks from this account or make advances after
default, you agree that we may charge those loans to this account. If any event described in Sections 17(f), (g) or (h) happens, all amounts which You
owe us under this Agreement shall be Immediately due and payable without prior notice to you or right to cure, except as required by law. If any other
event specified in Section 17 occurs, ail amounts which you owe us under this Agreement shall be due and payable immediat I at our option, without
P nor notice to you or right to cure, except as required by law. The other provisions of this Agreement will continue to apply to this account If we get a
udgment after default and /or you are a debtor In an action filed by or aggainst you under the Bankruptcy Code, unless prohibited by applicable law the
rates applicable to this account will continue to apply to the balances on ffiis account. A default under this Agreement is a default under every other note,
loan agreement or security agreement that you have with us.
Page 3
(3). PNCBANK BUSINESS BANKING
Upon default, 'rf we declare the entire outstanding principal, unpaid interest and charges on your account Immediately due and payable, you must pay that
amount immediately. Upon �yyour default, we may increase the interest Margin up o five percentage points (5%) over the variable interest rate on this
account 0.11o. ed byy law. Vile may hire or pa y someone else to help us collect this account tt you fail to pay In accordance with this Agreement. You
agree to pay our col action c6sts {inducing, without limitation, the cost of in house attorneys and s whether or not we hire anyone else to help us
collect this account This includes, subject to any limits under applicable law, our attomays' tees and legal expenses whether or not there Is a lawsuit
Including attomays' fees and legal expenses for bankruptcy _proceedings including efforts to modify or vacate any automatic stay or iniurtctlan) appeals r
and any anticipated post judgment collection services. In addition to ail o r sums provided by law, you will also pay any court costs if not prohibited by
applicable law.
19, FEES. 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 it
fl
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 default by: (1) mailing or delivering a written notice to us t
that you are terminating this account; (1) paying us the outstanding principal balance of the account, the accrued and unpaid Interest on the balance, and j
all other amounts due In accordance with the terms of this Agreement; and (ill) immediately returning all checks and other credit access devices, if I
applicable, which are our property and that were provided to you to access your account You will continue to be liable for any advances mad® pursuant
to unretumed checks. Any use of checks after the account Is terminated maybe 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
pa nt of the outstanding principal balance of the account, the accrued and unpaid interest on the balance, and all other amounts due in accordance y
with the terms of this Agreement Unless our notice provides otherwise, we will have no further obligation to make any new loans to you. Termination
under this paragraph will not affect any checks which comply with this Ag reement and which were written and Issued by you before the date on the
termination notice or any other loans made under this Agreement before the date on the termination notice. If we choose, at our sole option, to pay e
checks or make advances after 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 prior written notice to ou Ithe "Conversion Notice "). If we exercise this night, we will j
compu th
te a new monthly payment with respect to e part of the account so converted (tthe Tenn Loan Portion "), and vu will be advised of such new y
monthly paymeet with respect to the Term Loan Portion in the Conversion Notice. Month ly pa 4m on the Term Loan ortion following the Conversion r
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 determined by us to be necessary to fully amortize the then outstanding principal
m
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 aount of
such payment is calculated by us. All outstanding principal and accrued Interest will be due on the last day of the Amortization Period. Following the
Conversion Notice, the Maximum Credit Limit of the account shall be reduced to the initial amount of the Term Loan Portion. You may not reborrow
repaid amounts of the Term Loan Portion unless otherwise agreed by us. Upon payment in full of the Term Loan Portion and with our consent, the full
amount of the account may be reinstated. All of the 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 honor checks or any other means which we may t
fi e mil from time to time to be used to obtain a loan from this account bur liability if any, for wrongful dishonor of a check written on this account is
Iim,led to your actual damages. Dishonor for any reason as provided under the terms of this AAgreement is not wrongful dishonor. i
24. POST - DATED, STALE DATED, STOP PAYMENT AND CERTIFICATION OF CHECKS. Procedures and laws applicable to post - dated, stale dated,
and stop payment of checks in connection with transactions on regular business checking accounts shall pI to checks under this Agreement. You t
agree not to issue post-dated checks. You me lace a stop payment order on a check by providing us with information on the date, number, p�yas, and
exact amount (dollars and cents) of the check of any branch office, or by callin or writing us at the following address: PNC Bank, Centralized Customer
Assistance, 2730 Liberty Avenue, Pittsburgh PA 15222. We will not be liabte for paying a check if your request is Incomplete, incorrect In any detail or is i
not provided to us in a time and manner which affords us a reasonable opportunity to act upon it We will not certify" a check on this account
25. AMENDMENT OF AGREEMENT. We may amend this Agreement from time to time, in any respect, by giving you written notice where required by a
law. Such amendments will apply o outstanding balances and new loans except as otherwise Indicated in the written notice. If you do not agree to be. i
bound b the terms of any amendment, you must notify us of your election to terminate the account pursuant to Section 20 of these Terms and Conditions ;
within thirty (30) days of the date we sent you our notice of the amendment r
26. YOUR RESPONSIBILITIES TO US. If more than one person is Identified as Borrower, each and all of you are equally responsible, individually and
together, to us for payment in full of this account if we extend credit to you by posting any advance to your account prior to receiving written notice of I
your death or incapacity, such transaction shall be a valid and binding obligation of your estate and upon your heirs and personal representatives. n
r
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 be a waiver of the same or any other provision on any other occasion.
r
29. ASSIGNMENT. You may not assign or otherwise transfer your rights and privileges under this Agreement, or delegate your obligations to repay
amounts you owe us. A attempt by you to assign or delegate will be void and of no effect. We may assign any and all of our rights under thls
Agreement at any time without your consent. A person(s) to whom we assign this Agreement shall be entitled to all of our rights under this Agreement
None of your rights or obligations shall be effected by such assignment
30. REPLACEMENT OF PRIOR AGREEMENTS. This Agreement rrlaces all eadler agreements and governs 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
31. GOVERNING LAW AND CONSTRUCTION; JURISDICTION. 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 of this Agreement Is located. Regardless of the State of your residence, you agree that this
Agreement will be interpreted, and the rights and liabilities of the parties determined, In accordance with, the laws of the State where our office Indicated &
on the first page of this Agreement is located excluding Its conflict of laws rules. You irrevocably consent to the exclusive jurisdiction of any state or
federal court located for the count or judicial c}Istrict where our office Indicated on the first age cf this Agreement is located and consent that all service s
of process may be sent by national ly recognized overnight courier service directed to you at page address set forth on the first page of this Agreement and
service so made will be deemed to be comf pleted on the business day after deposit with such courier,, provided that nothing contained in this Agreement t
will prevent us from bringing any action, enfo rig any award or judgment or exercising any rights aaggainst you individually, against any security or against
any of your property within any other county state or other foreign ordomestic jurisdiction. You acknowled a and agree that the venue provided in this
paragra ph is the most convenient forum for 66th you and us. You waive any objection to venue and any obpection based on a more convenient forum in i t
any action Instituted under this Agreement.
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3
7
l II Page 4 i
APSB III Imill11 09062007APS005801$
P CBAI K BUSINESS BANKING
32. SEVERABILITY. If any provision of this A is held to be Invalid or unenforceable, such determination shall not affect the validity or
enforceability of the remaining provisions of this Agreement.
33. GENERAL PROVISIONS. To the fullest extent allowed by law, you and any other person who guarantees or is otherwise liable for this account waive
any applicable statute of limitations, presentmi nt demand for payment, protesl and notice of dishonor. Upon any change of this Agreement, and unless
ath erwise expressly stated [n writing no a obligated on this account directly or as a guarantor, shall be released from liability. We may renew or
extend (re atediy and for any length of timthis account, this any pa or guarantor or collateral; or impair, fail to realize upon or perfect our
security Interest In any collateral; and take er action deemed nery of, or notice to, anyone. We may modify this
account without the consent of, or notitoyone other than the party with whom the modification Is made. Any notice to us which is required by this
Agreement must be sent to us at the address set forth on the first page of this Agreement.
Page 5
Mixell Electric Inc Payoff
t
Anthony Cherup o Rhontae Michelle Smith 12/19/2012 01:25 PM
As requested below is the payoff, as of December 17, 2012, for the above referenced loan. Please add
any other fees not captured on the ACLS system. Payoff is subject to change with any
payments /advances or change in the interest rate. Please contact me with any questions.
Customer Name: Mixell Electric Inc
Loan: 5281
Interest Rate: 6.259'0
Maturity Date: 8/16/2015
Principal: $28,431.11
Interest: $6,385.33
Late Charges: $346.42
Payoff Total: $35,162.86 (Per diem: $4.871
* 'The may be other exposure tied to this relationship. No MRE Available.
3
VERIFICATION
The undersigned does hereby verify subject to the penalties of 18 PA. C.S. 4904
relating
to unsworn falsifications to authorities, that he/she is �6taL'
' Ah
(NAME)
� P YL of �a G pan y— , plaintiff
a
(TITLE) (COMPANY)
herein, that he /she 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.
(SIGNATURE)
WWR# 9900943
WELTMAN,WEINBERG &REIS CO.,L.P.A.
BY: James P. Valecko Attorney for Plaintiff(s)
I.D.No. 79596
436 Seventh Avenue, 1400 Koppers Bldg r°
Pittsburgh, PA 15219
r-
Phone: 412.434.7955 cn tv e... ...
Fax: 412.434.7959 r-
File#9900943 < --o
c,-.)
ca
PNC BANK,N.A.
Cumberland County
Court of Common Pleas
vs.
No.: 13-3750
MIXELL ELECTRIC, INC. and
RONALD M. MIXELL
PRAECIPE TO DISMISS WITHOUT PREJUDICE AS TO MIXELL ELECTRIC ONLY
TO THE PROTHONOTARY:
Kindly dismiss the above matter without prejudice to refile as to Mixell Electric, Inc. only.
WELTMAN, WEINBERG& REIS CO., L.P.A.
By Ci
JamValecko
Atto for Plaintiff
?'9. 5 •1t_1 1
2 �3�
WELTMAN,WEINBERG &REIS CO.,L.P.A.
BY: James P. Valecko Attorney for Plaintiff(s)
I.D.No. 79596
436 Seventh Avenue, 1400 Koppers Bldg r°
Pittsburgh, PA 15219
r-
Phone: 412.434.7955 cn tv e... ...
Fax: 412.434.7959 r-
File#9900943 < --o
c,-.)
ca
PNC BANK,N.A.
Cumberland County
Court of Common Pleas
vs.
No.: 13-3750
MIXELL ELECTRIC, INC. and
RONALD M. MIXELL
PRAECIPE TO DISMISS WITHOUT PREJUDICE AS TO MIXELL ELECTRIC ONLY
TO THE PROTHONOTARY:
Kindly dismiss the above matter without prejudice to refile as to Mixell Electric, Inc. only.
WELTMAN, WEINBERG& REIS CO., L.P.A.
By Ci
JamValecko
Atto for Plaintiff
?'9. 5 •1t_1 1
2 �3�
SHERIFF'S OFFICE OF CUMBERLAND COUNTY
Ronny R Anderson
Sheriff THE PROfii
Jody S Smith H113 JUL 26 AM 10: 31
Chief Deputy
Richard W Stewart A,. CUMBERLAND COUNTY
Solicitor QPPICZ-,3 TjAF SHEPJF-- PENNSYLVANIA
PNC Bank, N.A. Case Number
vs.
Mixell Electric, Inc. (et al.) 2013-3750
SHERIFF'S RETURN OF SERVICE
07/03/2013 Deputy Ronald Hoover, being duly sworn according to law, served the requested Complaint&Notice by
handing a true copy to a person representing themselves to be Ronald M. Mixell, Owner,who accepted
as"Adult Person in Charge"for Mixell Electric, Inc. at 110 Hoy Road, Carlisle, PA 17013. There is a new
business located at 100 A Creek Road, Carlisle, PA 17013.
RONALD HOOVER, DEPUTY
07/03/2013 02:55 PM- Deputy Ronald Hoover, 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: Ronald M Mixell at 110 Hoy Road, North Middleton, Carlisle, PA 17013.
RONALD HOOVER, DEPUTY
SHERIFF COST: $57.56 SO ANSWERS,
6'%
July 05, 2013 RbNN` R ANDERSON, SHERIFF
(C)Cou,-AySuife Sheriff,Teleosoft,fnc.
i
WELTMAN,WEINBERG & REIS CO.,L.P.A.
BY: James P. Valecko, Esquire Attorney for Plaintiff(s)
I.D.No. 79596
436 7th Ave Ste 1400
Pittsburgh, PA 15219
Phone: (412) 434-7955
Fax: (412) 338-7130
i
File # 9900943 JPV/TIC
PNC BANK,N.A. Cumberland County
Court of Common Pleas
VS.
No.: 13-3750 CIVIL
MIXELL ELECTRIC, INC. and
RONALD M MIXELL
PRAECIPE TO DISMISS WITH PREJUDICE
TO THE PROTHONOTARY:
Kindly dismiss the above matter with prejudice.
WELTMAN, WEINBERG & REIS CO., L.P.A.
i
By
James . V ecko, Esquire
Attorney for Plaintiff
I llllll 11111 illll 1111111111 VIII 11111 1111111111 lilli Bill 11111111
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