HomeMy WebLinkAbout14-2551 JJ
.i
Supreme CO Uof Pennsylvania
Cour Hof Comm Pleas For Prothonotary Use Only: ,
Ca it nvera'Sheet
�o � Docket No:
CLI B RLAND County hy ss�
The information collected on this fibrin is used solely for- court administration purposes. This form does not
supplement or replace the filing and service of pleadings or other papers cis required by law or rules of court.
Commencement of Action:
S S Complaint R Writ of Summons El Petition
Transfer from Another Jurisdiction Declaration of Taking
E
C Lead Plaintiff's Name: Lead Defendant's Name:
PNC BANK,N.A. ROBERT C. BALES
T Dollar Amount Requested: Owithin arbitration limits
I Are money dam requested? 'X' Yes = No
Y g 9 (check one) outside arbitration limits
N Is this a Class Action Suit? Yes X! No Is this an MDJAppeal? 0 Yes !X! No
A Name of Plaintiff /Appellant's Attorney: JOHN K. FIORILLO, ESQ.
Check here if you have no attorney (are a Self - Represented I Pro Sel 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.
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S ❑ Product Liability (does not include
mass tort) El Employment Dispute:
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C Q Other: Employment Dispute: Other Q Zoning Board
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T ,
I 0 Other:
O MASS TORT
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N n Tobacco
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Toxic Waste El Ejectment E] Common Law /Statutory Arbitration
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B ❑ Q Eminent Domain /Condemnation Q Declaratory Judgment
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PROFESSIONAL LIABILITY F, Mortgage Foreclosure: Commercial Quo Warranto
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Updated 1/1/2011
FILED- FFICE
F THE PROTHONOTARY
UNRUH, TURNER, BURKE & FREES, P.C. ATTORNEYS FOR PLAINTIFF
BY: JOHN K. FIORILLO, ESQUIRE 2014 APR 25 W r O
ATTORNEY I.D. No. 55658
P.O. Box 515 CUMBERLAND COUNTY
WEST CHESTER PA 19381 -0515 PENNSYLVANIA
610- 692 -1371
PNC BANK, NATIONAL ASSOCIATION IN THE COURT OF COMMON PLEAS
4242 Carlisle Pike
Camp Hill, PA 17011 CUMBERLAND COUNTY PENNSYLVANIA
Plaintiff
CIVIL ACTION - LAW
VS. No.
ROBERT C. BALES
398 Howard's Knob Road
Boone, NC 28607
Defendant
NOTICE
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 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 LAWYER REFERRAL SERVICE
32 South Bedford Street A
Carlisle, PA 17013
(717) 249 -3166 4 103• y
� yg
3&
UNRUH, TURNER, BURKE & FREES, P.C. ATTORNEYS FOR PLAINTIFF
BY: JOHN K. FIORILLO, ESQUIRE
ATTORNEY I.D. No. 55658
P.O. Box 515
WEST CHESTER, PA 19381 -0515
610 - 692 -1371
PNC BANK, NATIONAL ASSOCIATION IN THE COURT OF COMMON PLEAS
4242 Carlisle Pike
Camp Hill, PA 17011 CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
CIVIL ACTION - LAW
VS.
No.
ROBERT C. BALES
398 Howard's Knob Road
Boone, NC 28607
Defendant
COMPLAINT
And now comes Plaintiff, PNC Bank, N.A., by and through its attorneys Unruh, Turner,
Burke & Frees, P.C., by way of Complaint against Defendant, Robert C. Bales, avers as follows:
1. Plaintiff, PNC Bank, N.A. (the `Bank "), is a banking institution whose
address is 4242 Carlisle Pike, Camp Hill, PA 17011.
2. Defendant, Robert C. Bales ( "Borrower ") is an adult individual with a last
known address of 398 Howard's Knob Road, Boone, NC 28607.
3. On or about December 14, 2007, in consideration of monies lent,
Borrower executed and delivered to the Bank a note in the original principal sum of
$1,250,000.00 (the "Note "). A true and correct copy of the Note, as amended, is attached hereto
and made a part hereof as Exhibit "A ".
-2-
4. Borrower has defaulted on its obligations to the Bank pursuant to the
terms of the Note and related loan documents by virtue of various events, including without
limitation, failing to make payments as required under the Note.
5. As a result of Borrower's default, the Bank is entitled to and has declared
the entire principal balance and all accrued unpaid interest immediately due in connection with
the Note. As a consequence, the following amounts are due and payable under and in connection
with said Note as of April 3, 2014:
Principal $1,022,109.02
Interest as of 4/3/2014 $ 10,375.11
Late charges $ 10.00
Estimated initial attorney's fees $ 1,200.00
TOTAL $1,033,694.13
Interest continues to accrue from April 3, 2014 at a per diem rate of $91.01.
6. The Bank is entitled to recover all its costs and attorney's fees in
connection with the enforcement of the Note. Assuming that a default judgment is entered, the
Bank estimates that its attorney's fees will equal $1,200.00. The Bank is entitled to recover
additional attorney's fees over and above the initial estimate of $1,200.00 to the extent they are
incurred.
-3-
WHEREFORE, Plaintiff PNC Bank, N.A., respectfully requests judgment in its favor and
against Defendant, Robert C. Bales in the amount of $1,033,694.13 plus interest from April 3,
2014 at the per diem rate of $91.01, attorney's fees in addition to the $1,200.00 included in the
demand that are incurred by the Bank and all costs and expenses plus such other and further
relief as the Court deems just.
Respectfully submitted,
UNRUH, TURNER, RKE & FREES, P.C.
Date: By:
�ttom iorill , Esquir
for Pla intiff, P ank, N.A.
P.O. Box 515
West Chester, PA 19381 -0515
Attorney I.D. No. 55658
(610) 692 -1371
-4-
VERIFICATION
I, Michael Fina, verify that I am a Vice President of PNC Bank, N.A., the Plaintiff in the
foregoing matter, that I am authorized to make this verification and that the facts set forth in the
foregoing Complaint are true and correct to the best of my knowledge, information and belief.
I understand that false statements therein are subject to the penalties of 18 Pa.C.S. §4904
relating to unsworn falsification to authorities.
Date:
Mi INA
-5-
EXHIBIT "A"
(-age 1 of 4)
Term date � F�lC�A�6.
Dated as of December 14, 2007
$1,250,000.00
FOR VALUE RECEIVED, ROBERT C. BALES (the `Borrower "), with an address at 41 Kelly Drive, Carlisle,
13, promises to pay to the order of PNC BANK, NATIONAL ASSOCIATION (the `Bank"), in lawful
PA 170 of America. in immediately money 1 the United States iately available funds at its offices located at 42 p Carc i s l lee Pik
Camp'f1ill, PA 17011, or at such other location as the Bank may designate from time to time,
of ONE MILLION TWO HUNDRED FIFTY THOUSAND AND 001100 DOLLARS ($1,250,000.00), to
with interest accruing on the outstanding principal balance from the date hereof, as provided below:
1. Interest Rate Amounts outstanding under this Note will bear interest at:
Five and 85/100 percent (5.85 %) per annum ("Fixed hate").
Interest will be calculated on the basis of the actual number of days that principal is outstanding over a year of
365 days.
2. Payment Terms Principal and interest will be payable as provided below:
Interest only With Principal At Maturity: Interest shall be due and payable commencing on January
14, 2008, and continuing on the le day of each month thereafter until December 14, 2009, on which date
all outstanding principal and accrued interest shall be due and payable in full.
If any payment under this Note shall become due on a Saturday, Sunday or public holiday under the laws of the
State where the Baaak's office indicated above is located, such payment shall be made on the next succeeding
sion of time shall be included in computing interest in connection with such payment.
business day and such exten
The Borrower hereby authorizes the Bank to charge the Borrower's deposit account at the Bank for any payment
when due hereunder. Payments received will be applied to charges, fees and expenses (including attorneys' fees),
accrued interest and principal in any order the Bank may choose, in its sole discretion.
3. Late Pa meats• Default Rate. If a payment is more than 15 days late, the Borrower shall also pay to the
is Bank a late charge equal to 5% of the unpaid portion of the pa $ 10,
ue date of any such
Charge"). Such 15 day period shall not be construed in any way to extend the d
Upon maturity,•whether by acceleration, demand or otherwise, and at the option of the Bank upon the occurrence
of any Event of Default (as hereinafter defined) and during the continuance thereof, amounts outstanding under
this Note shall bear interest at a, rate per annum (based on the actual number of days that principal is outstanding
over a year of 365 days) which shall be two percentage points (2 %) in excess of the interest rate in effect from
time to time under this Note but not more than the maximum rate allowed by law (the "Default Rate"). The
Default Rate shall continue to apply whether or not judgment shall be entered on this Note. Both the Late Charge
and the Default Rate are imposed as liquidated damages for the purpose of defraying the Bank's expenses incident
to the handling of delinquent payments, but are in addition to, and not in lieu of, the Bank's exercise of any rights
and remedies hereunder, under the other Loan Documents or under applicable law, and any fees and expenses of
any agents or attorneys which the Bank may employ. In addition, the Default Rate reflects the increased credit
risk to the Bank of carrying a loan that is in default. The Borrower agrees that the Late Charge and Default Rate
are reasonable forecasts of just compensation for anticipated and actual harm incurred by the Bank, and that the
actual harm incurred by the Bank cannot be estimated with certainty and without difficulty.
Form ZOE - Multistate Rev. 1/02
(Page 2 of 4)
4. e
grA� _ a� vin, eut The indebtedness may be prepaid in whole or in part at any
time without penalty.
n
to
5. Other Loa— Documents. This Note is issued in connection with a letter agreement dated on or before the date in c
hereof, and the other agreements and docum herein b utreedfer�xi and/or (as ded, m dified orr renewed from time to
therein, the terms of which are incorporated Y the rop e (if any) described in the Loan
time, collectively the , Loan Documents"), and is secured by p i the future be granted to the Bank
Documents and by such other collateral as previously in . pn residen a of any Borrower or any household
to secure this Note. This Note will not be secured by personal
goods of any Borrower, as defined in Regulation AA, 12 C.F.R. fart Z27, such residence or goods is
specifically described in any of the Loan Documents.
6, lEvents o X}efanit. The occurrence of any of the following events wt
be deemed to be an "Event of Default"
under this Note:
(i) Any Obligor fails to make any payment when due hereunder, or fails to otherwise comply with
the Loan Documents or any agreement any Obligor has with the Bank,
any term or provision of this Note,
including any of the Loan Documents executed in connection with signing this Note;
proceeding in bankruptcy, receivership, insolvency,
{u The filing by or against any Obligor of any p q Proceeding
roceeding
liquidation, conservatorship or similar proceeding (and, in time case of any
reorganization,
instituted against any Obligor, such proceeding is not dismissed or stayed within 30 days of the commencemen
thereof);
Obligor for the benefit of creditors, or any levy, garnishment, attachment
(r�mr ) Any assignment by any y g ro of any Obligor held by or deposited with the B ;
or similar proceeding is instituted against aTmY prop
(iv) if this Note or any guarantee executed by any Obligor is secured, the failure to provide the Bank
with additional collateral if in the Bank's ()pinion at any time or tinges, the market value of any of the collateral
securing this Note or any guarantee has depreciated below that required pursuant to the Loan Documents (if any)
or, if no specific value is so required, then in an amount deemed material by the Bank;
(v) A, judgment or judgments are entered against any Obligor, any Obligor defaults in the payment of
e Note have been aimnpaird'on of any Obligor, or the Bank in god
any other debts, or there is a material adv
faith believes the prospects for repayment of the N()
(vi) Any individual Obligor has died, been indicted or incarcerated or become legally incompetent;
material statement made to the Bank about time Borrower or any Obligor, or about any
(vim) Any collateral securing this Note is false or misleading; or
Obligor's financial condition, or about any
{viii} Any Obligor seeks, claims or attempts
to limit, modify or revoke its guaranty of this Note.
As used herein, the term "Obligor means any Borrower and any guarantor of, or any pledgor, mortgagor or other
rovidin collateral support for, the Borrower's obligations to the Bank existing on the date of
'. person or entity p g
this Note or arising in the future.
Upon the occurrence of pr Event of Default and accrued Event t gethe cl any dditionalamo is
occur, the outstanding principal balance (b) if any other d or notice
payable hereunder shall be immediately due and payable without and accrued interest hereunder with any
Event of Default shall occur, the outstanding principal cc of any kind may
additional amounts payable hereunder, at the option of the Bank and without demand or Note will bear interest the option of the Bank,
be accelerated and beg`me�i o eum he Eve nts of Default; an (d) the Bank may exercise from
at the Default Rate fr
2- Form 2oE - Multistate Rev. 1102
(Page 3 of 4)
time to time any of the rights and remedies available to th Bank under the Loan Documents or under applicable
law.
7. fti let otoff. In addition to all liens upon and rights of setoff against the Borrower's money, securities or
the
other property given to the Bank by law, the Bank shall have, with respect s the Borrower's obligations
interest onn amend a
Bank under this Note and to the extent permitted by law, a eontractnal possessory security
contractual right of setoff against, and the Borrower hereby grants the Bank a security interest in, and hereby
assigns, conveys, delivers, pledges and transfers to the Bank all of the Borrower's right, title and interest in and to,
all of the Borrower's deposits, moneys, securities and other property now or hereafter in the possession of or on
deposit . with, or in transit to, the Bank or any other direct or indirect subsidiary of The PNC Financial Services
Group, Inc., whether held in a general. all > or special account or deposit, whether held join accounts. someone Every su h
whether held for safekeeping or otherwise, excluding, however, a
security interest and right of setoff may be exercised without demand upon or notice to the Borrower. Every such t h e occurrence of an Event of
right of setoff shall be deemed of the Bank, although exercised
he Banlc immediately mayenter succh setoff on its books and records at l a
hereunder without any action
later time.
8. Indemni .The Borrower agrees to indemnify each of the Bank, each legal entity, if any, who controls, is
control with the Bank, and each of their respective directors, officers and
controlled it h under common
employees (the "Indemnified Parties"), and to hold each Indemnified Party harmless from and against any and
all claims, damages, losses, liabilities and expenses (including all fees and charges of internal or external counsel
sult and all expenses of litigation and preparation therefor) which any
with whom any Indemnified party may con
Indemnified Party may incur or which may be as against any Indemnified Party by any person, entity or
governmental authority (including any person or entity claiming derivatively on behalf other the Borrower), in his Note or
connection with or arising out of or relating to the matters or inc f urred in cone ct�ion wth any breac o Documents
from
or the use of any advance hereunder, whether (a) arising arising out of or resulting from any suit, action,
representation, warranty or covenant by the Borrower, or (b)
claim, proceeding or governmental investigation, pending or threatened, whether based on statute, regulation or
order, or tort, or contract or otherwise, before any court or governmental authority; R rovid however, that the
agreement shall not apply to a claims, damages, losses, liabilities and expenses solely
foregoing indemnity agr rty or wilffd misconduct. The indemnity agreement contained
attributable to an Indemnified Party's gross negligence
in this Section shall survive the termination of this Note, payment of any amounts hereunder and the assignment
of any rights hereunder. The Borrower may participate at its expense in the defense of any such action or claim.
9. Miscellaneous. All notices, demands requests' consents, approvals and other communications required or
permitted hereunder ("Notices") must be in writing (except as may be agreed otherwise above with respect to er
borrowing requests) and will be effective upon receipt. Notices may be g iven
fare oin m a -class mail t a smile
may separately agree, including electronic mail. Without agreed s the acceptable methods for giving Notices.
transmission and commercial courier service are hereby agr P forth
such
Regardless of the manner i which provided, Notices may be sent to party� � this section No delay or
other address as any party may give to the other for such Purpose n
omission on the Bank's part to exercise any right or power arising hereunder will impair any such right or power
or be considered a waiver of any such right or power, nor will the Bank's action or inaction impair any such right
or power. The Bank's rights and remedies hereunder are cumulative and not exclusive of any other rights or
remedies which the Bank may have under other agreements, at law or in equity. No modification, amendment or
waiver of or consent to any departure by the Borrower from, any provision of this Note will be effective unless
made in a writing signed by the Bank, and then such waiver or consent shall be effective only in the specific
instance and for the purpose for which given. The Borrower agrees to pay on demand, to the extent permitted by
law, all costs and expenses incurred by the Bank in the enforcement of its rights in this Note and in any security
including without limitation ion reasonable fees and expenses of the Bank's counsel. If any provision of this
found enforceable in any respect by a court, all the other provisions of this Note
Note o d to be invalid, illegal or un Borrower and all other makers and indorsers of this Note hereby forever
will remain full force and effect. The
waive presentment, protest, notice of dishonor and notice of non - payment. The Borrower also waives all defenses
based on suretyship or impairment of collateral. If this Note is exec a�o zoE DMultistate Rev. 1 /02 the
_3
(Page 4 of 4)
J '
obligations of such persons or entities hereunder will be joint and several. This Note shall bind the Borrower and
its heirs, executors, administrators, successors and assigns, and the benefits hereof shall inure to the benefit of the
Bank and its successors and assigns; provi however, that the Borrower may not assign. this Note in whole or
in part without the Bank's written consent and the Bank at any time may assign this Note in whole or in part.
This Note has been delivered to and accepted by the Bank and will be deemed to be made in the State where the
j Bank's office indicated above is located. This Note will be interpreted and the rights and liabilities of the
Bank and the Borrower determined in accordance with the laws of the State where the Bank's office
indicated above is located, excluding its conflict of laws rules. The Borrower hereby irrevocably consents to
the exclusive jurisdiction of any state or federal court in the county or judicial district where the Bank's office
indicated above is located; provided that nothing contained in this Note will prevent the Bank from bringing any
action, enforcing any award or judgment or exercising any rights against the Borrower individually, against any
security or against any property of the Borrower within any other county, state or other foreign or domestic
jurisdiction. The Borrower acknowledges and agrees that the venue provided above is the most convenient forum
j for both the Bank and the Borrower. The Borrower waives any objection to venue and any objection based on a
more convenient forum in any action instituted under this Note.
10. Authorization to Obtain Credit Rorts By signing below, each Borrower who is an individual provid
eo es
written authorization to the Bank or its designee (and any assignee or potential assignee hereof) to obtain the
Borrower's personal credit profile from one or more national credit bureaus. Such authorization shall extend to
obtaining a credit profile in considering this Note and subsequently for the purposes of update, renewal or
extension of such credit or additional credit and for reviewing or collecting the resulting account.
11. WAIVER OF JURY TRIAL THE BORROWER IRREVOCABLY WAIVES ANY AND ALL RIGHT IT MAY
HAVE TO A TRIAL BY JURY IN ANY ACTION, PROCEEDING OR CLAIM OF ANY NATURE RELATING TO THIS
NOTE, ANY DOCUMENTS EXECUTED IN CONNECTION WITS THIS NOTE OR ANY TRANSACTION
CONTEMPLATED IN ANY OF SUCH DOCUMENTS. TILE BORROWER ACKNOWLEDGES THAT THE FOREGOING
WAIVER IS KNOWING AND VOLUNTARY.
The Borrower acknowledges that it has read and understands all of the provisions of this Note, including
the waiver of jury trial, and has been advised by counsel as necessary or appropriate.
WITNESS the due execution and sealing hereof, with the intent to be legally bound hereby.
WITNESS:
/ 4 a (SEAL)
Robert C. Bales
i
I
satai2 -o7sc
-4- Form 20B - Multistate Rev. 1102
UNRUH,TURNER,BURKE& FREES,P.C. : ATTORNEYS FOR PLAINTIFF
BY: JOHN K.FIORILLO,ESQUIRE .a
c,
ATTORNEY I.D.No. 55658 . -
P.O.Box 515
rllrn
WEST CHESTER,PA 19381-0515 2-;o
610-692-1371 to ,► Cr% s
�C-) a '
PNC BANK, NATIONAL ASSOCIATION IN THE COURT OF COMMON PLEA
4242 Carlisle Pike -
Camp Hill, PA 17011 CUMBERLAND COUNTY,PENNSYLVANIA
Plaintiff
CIVIL ACTION-LAW
vs.
No. 14-2551
ROBERT C. BALES
398 Howard's Knob Road
Boone,NC 28607
Defendant
PRAECIPE TO REINSTATE
TO THE PROTHONOTARY:
Kindly reinstate the Complaint in the above-captioned Civil Action for an additional thirty
days.
Respectfully submitted,
UNRUH, TURNE B KE & FREES, P.C.
Date: By. 6
John iorill squ
rney for P1a ntiff, PNC Bank, N.A.
F.O. Box 515
West Chester, PA 19381-0515
Attorney I.D. No. 55658
610-692-1371
t�
�LL On l°k
UNRUH, TURNER, BURKE & FREES, P.C.
By: JOHN K. FIORILLO, ESQUIRE
ATTORNEY I.D. No. 55658
P.O. Box 515
WEST CHESTER, PA 19381-0515
610-692-1371
PNC BANK, NATIONAL ASSOCIATION
4242 Carlisle Pike
Camp Hill, PA 17011
VS.
ROBERT C. BALES
398 Howard's Knob Road
Boone, NC 28607
Plaintiff
Defendant
Op P/46,
(7
: ATTORNEYS FOR PLAIT/74; P r07oo;i
C0 ? Noll,
/7lt
NNS), � L7j 5
Ni,�
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
: CIVIL ACTION - LAW.
: No. 14-2551
CERTIFICATE OF SERVICE OF COMPLAINT
I hereby certify that the Complaint was served on the Defendant, Robert C. Bales, on July 8,
2014 by a courier with New Jersey Lawyers Service in accordance with the Pa.R.C.P. 400.1(b). The
original Affidavit of Service is attached hereto and made a part hereof as Exhibit "A".
Respectfully submitted,
UNRUH, TURNER, : URKE & FREES, P.C.
Date:
By:
John ' iorill', Es
orney for Plaintiff,
P.O. Box 515
West Chester, PA 19381-0515
Attorney I.D. No. 55658
610-692-1371
C Bank, N.A.
y
New Jersey Lawyers Service
2333 U.S. Hwy 22 West
Union, New Jersey 07083
JOB # 128227 908-686-7300
PLAINTIFF
PNC BANK, NATIONAL ASSOCIATION VS. ROBERT C. BALES
DEFENDANT
FileRef#
UNRUH TURNER BURKE & FREES
MICHELLE CUSHMAN
PO BOX 515
WEST CHESTER PA 19381
(610) 692-1371
Person served at location stated:
ROBERT C. BALES
DATAMOTION, INC. 200 PARK AVE.
FLORHAM PARK NJ 07932
Served Successfully
Not Served ❑ Date T x l;
LAWYERS SERVICE
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
DOCKET 14-2551
AFFIDAVIT OF SERVICE
Papers Served: PRAECIPE TO REINSTATE, CIVIL COVER
SHEET, NOTICE & COMPLAINT
Attempts:
XDelivered a copy to him/her personally
Left a copy with a competent household member
over 14 years of age residing therein (indicate name
relationship at right)
Left a copy with a person authorized to accept service, e.g., managing
agent, registered agent, etc.
(indicate name official title at right)
Description of Person Accepting Service:
Sex:
Age:
Weight:
Time
Skin Color:
Name of Person Served and relationship/title:
2Dia/1- c . r6A,Lea
Hair Color:
Military Service I asked the person whether recipient was in active military service of the United States or the State of New Jersey in any
activity whatever and received a negative reply. Recipient wore civilian clothes and no military uniform. The source of my information
and the grounds of my belief are the conversation and observation above narrated.
Subs ibedand S orj to e tris
da •f
2014
My C
re
RIGUEROS
C OF NEW JERSEY
Aires October 18, 2018
I
adult not ha
perjury t
, at the time of service a competent
gation. I declare under penalty of
rect.
t interest in t
ing is true . d
Signature o •rocess Service
UNRUH, TURNER, BURKE & FREES, P.C.
BY: JOHN K. FIORILLO, ESQUIRE
ATTORNEY I.D. No. 55658
P.O. Box 515
WEST CHESTER, PA 19381-0515
610-692-1371
PNC BANK, NATIONAL ASSOCIATION
4242 Carlisle Pike
Camp Hill, PA 17011
vs.
ROBERT C. BALES
398 Howard's Knob Road
Boone, NC 28607
Plaintiff
Defendant
TO THE PROTHONOTARY:
days.
Date:
: ATTORNEYS FOR PLAINTIFF
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
: CIVIL ACTION - LAW
: No. 14-2551
PRAECIPE TO REINSTATE
C_a
-
rn
"VI Fri
--4 D
cert
21*
d rrri
Kindly reinstate the Complaint in the above -captioned Civil Action for an additional thirty
Respectfully submitted,
UNRUH, TURNE
By:
& FREES, P.C.
John ` iorill ; squ
mey for P1. tiff, PNC Bank, N.A.
P.O. Box 515
West Chester, PA 19381-0515
Attorney I.D. No. 55658
610-692-1371
UNRUH, TURNER, BURKE & FREES, P.C.
By: JOHN K. FIORILLO, ESQUIRE
ATTORNEY I.D. No. 55658
P.O. Box 515
WEST CHESTER, PA 19381-0515
610-692-1371
PNC BANK, NATIONAL ASSOCIATION
4242 Carlisle Pike
Camp Hill, PA 17011
VS.
ROBERT C. BALES
398 Howard's Knob Road
Boone, NC 28607
Plaintiff
Defendant
`-ILED-01-FIC,..
THE PRO THONO Tt' +,
: ATTORNEYS FOR PLAINTIT{ Aug 1
2 of 9:
53
CUMBERLAND COUNTY
PENNSYLVANIA
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
: CIVIL ACTION - LAW
: No. 14-2551
PRAECIPE TO ENTER DEFAULT JUDGMENT PURSUANT TO
Pa.R.C.P., Rule 1037(b) AGAINST DEFENDANT
TO THE PROTHONOTARY:
Kindly enter judgment by Default against Defendant, ROBERT C. BALES, pursuant to
Rule 1037(b) of the Pennsylvania Rules of Civil Procedure, in favor of Plaintiff, PNC BANK,
N.A., for failure to file an answer to the Complaint or otherwise plead thereto.
Assess damages as follows:
Debt:
Interest continues to accrue from 4/3/2014
At the per diem rate of $19.01:
Total:
$1,033,694.13
$1,033.694.13
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4-41 yo& ss
1:1-36601-1
JUO'l)CC/7/a(&I
Copies of Plaintiffs Notice of Intention to Take Default Judgment and Certificate of
Addresses are attached hereto respectively.
Respectfully submitted,
UNRUH, TURNER, BURKE & FREES, P.C.
Date: g/ 1 i %2d 1 1-- By:
-2
John K. Fiorillo, Esq;' e
Kristen Wetzel Ladd, Esquire
Attorney for Plaintiff, PNC Bank, N.A.
P.O. Box 515
West Chester, PA 19381-0515
Attorney I.D. No. 55658/208755
(610) 692-1371
UNRUH, TURNER, BURKE & FREES, P.C.
BY: JOHN K. FIORILLO, ESQUIRE
ATTORNEY I.D. No. 55658
P.O. Box 515
WEST CHESTER, PA 19381-0515
610-692-1371
PNC BANK, NATIONAL ASSOCIATION
4242 Carlisle Pike
Camp Hill, PA 17011
VS.
ROBERT C. BALES
398 Howard's Knob Road
Boone, NC 28607
Plaintiff
Defendant
: ATTORNEYS FOR PLAINTIFF
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
: CIVIL ACTION - LAW
: No. 14-2551
AFFIDAVIT OF NON-MILITARY SERVICE
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CHESTER
SS.
KRISTEN WETZEL LADD, Esquire being duly sworn according to law, deposes and
states that to the best of her knowledge, information and belief, the above-named Defendant is
not in the military or naval service of the United States or its allies or otherwise within the
provisions of the Soldiers and Sailors Civil Relief Act of 1940 and/or its amendments; and that
the last known address of Defendant is as follows:
SWORN TO and SUBSCRIBED
before me this // qday
of aur,o , 2014.
NOTARY PUBL'C
ROBERT C. BALES
DataMotion, Inc.
200 Park Avenue
Florham, NJ 07932
KRIS
EN WETZEL, ES i UI`RE
COMMONWEALTH OF PENNSYLVANIA
Notarial Seal
Joanne E. Ruggeri, Notary Public
West Chester Boro, Chester County
My Commission Expires March 24, 2015
MEMBER, PENNSYLVANIA ASSOCIATION OF NOTARIES
UNRUH, TURNER, BURKE & FREES, P.C.
BY: JOHN K. FIORILLO, ESQUIRE
ATTORNEY I.D. No. 55658
P.Q. Box 515
WEST CHESTER, PA 19381-0515
610-692-1371
PNC BANK, NATIONAL ASSOCIATION
4242 Carlisle Pike
Camp Hill, PA 17011
VS.
ROBERT C. BALES
398 Howard's Knob Road
Boone, NC 28607
Plaintiff
Defendant
To: ROBERT C. BALES
DataMotion, Inc.
200 Park Avenue
Florham, NJ 07932
Date of Notice: July 29, 2014
: ATTORNEYS FOR PLAINTIFF
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
: CIVIL ACTION - LAW
: No. 14-2551
IMPORTANT NOTICE
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 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 LAWYER REFERRAL SERVICE
32 South Bedford Street
Carlisle, PA 17013
(717) 249-3166
UNRUH, TURNER, B & FES, P.C.
411
John K. . rillo, E quire
Atto for Plaints , PNC Bank, N.A.
. Box 515
West Chester, PA 19381-0515
610-692-1371
Attorney I.D. No. 55658
Date: 4Z1 I 1 it By:
UNRUH, TURNER, BURKE & FREES, P.C.
By: JOHN K. FIORILLO, ESQUIRE
ATTORNEY I.D. No. 55658
P.O. Box 515
WEST CHESTER, PA 19381-0515
610-692-1371
: ATTORNEYS FOR PLAINTIFF
PNC BANK, NATIONAL ASSOCIATION : IN THE COURT OF COMMON PLEAS
4242 Carlisle Pike
Camp Hill, PA 17011 : CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
: CIVIL ACTION - LAW
VS.
: No. 14-2551
ROBERT C. BALES
398 Howard's Knob Road
Boone, NC 28607
Defendant
CERTIFICATE OF SERVICE
This is to certify that in this case, complete copies of all papers contained in the
Important Notice required by Pa.R.Civ.P. 237.1 was served upon the following persons, by first
class mail and on July 29, 2014:
Date: Ei l i f i 4'
ROBERT C. BALES
DataMotion, Inc.
200 Park Avenue
Florham, NJ 07932
Respectfully submitted,
UNRUH, TURNER, BURKE & FREES, P.C.
By:r
Jo K. Fiorillo, Esquir
Kristen Wetzel Ladd, Esquire
Attorney for Plaintiff, PNC Bank, N.A.
P.O. Box 515
West Chester, PA 19381-0515
Attorney I.D. No. 55658/208755
(610) 692-1371
UNRUH, TURNER, BURKE & FREES, P.C.
BY: JOHN K. FIORILLO, ESQUIRE
ATTORNEY I.D. No. 55658
P.O. Box 515
WEST CHESTER, PA 19381-0515
610-692-1371
PNC BANK, NATIONAL ASSOCIATION
4242 Carlisle Pike
Camp Hill, PA 17011
VS.
ROBERT C. BALES
398 Howard's Knob Road
Boone, NC 28607
Plaintiff
Defendant
: ATTORNEYS FOR PLAINTIFF
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
: CIVIL ACTION - LAW
: No. 14-2551
CERTIFICATION OF ADDRESSES
I hereby certify that the last known addresses of the Plaintiff and Defendant are:
Plaintiff Defendant
PNC Bank, N.A Robert C. Bales
4242 Carlisle Pike DataMotion, Inc.
Camp Hill, PA 17011 200 Park Avenue
Florham, NJ 07932
Respectfully submitted,
UNRUH, TURNER, BURKE & FREES, P.C.
Date: 14- By:
Jo K. Fiorillo, Esquir
Kristen Wetzel Ladd, Esquire
Attorney for Plaintiff, PNC Bank, N.A.
P.O. Box 515
West Chester, PA 19381-0515
Attorney I.D. No. 55658
(610) 692-1371
UNRUH, TURNER, BURKE & FREES, P.C.
By: JOHN K. FIORILLO, ESQUIRE
ATTORNEY I.D. No. 55658
P.O. Box 515
WEST CHESTER, PA 19381-0515
610-692-1371
PNC BANK, NATIONAL ASSOCIATION
4242 Carlisle Pike
Camp Hill, PA 17011
VS.
ROBERT C. BALES
398 Howard's Knob Road
Boone, NC 28607
Plaintiff
Defendant
To: ROBERT C. BALES
DataMotion, Inc.
200 Park Avenue
Florham, NJ 07932
: ATTORNEYS FOR PLAINTIFF
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
: CIVIL ACTION - LAW
: No. 14-2551
NOTICE
Pursuant to Rule 236 of the Supreme Court of Pennsylvania, you are hereby notified that
a JUDGMENT BY DEFAULT has been entered against you in the above -captioned proceeding
and that enclosed herewith is a copy of all the (records) documents filed in support of the said
judgment.
IF YOU HAVE ANY QUESTIONS CONCERNING THIS NOTICE, PLEASE CALL:
ATTORNEY John K. Fiorillo, Esquire at telephone number (610) 692-1371
DAVID D. BUELL, Prothonotary
Cumberland CoNty, P nsylva
Dated:
By:
Deputy