HomeMy WebLinkAbout06-0152BARLEY SNYDER, LLC
Scott F. Landis, Esquire
Court I.D. No. 69798
126 East King Street
Lancaster, PA 17602
(717) 299-5201
FULTON BANK,
V.
LESTER W. GINANNI, JR.,
Plaintiff
Defendant
Attorneys for Plaintiff
Fulton Bank
COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY,
PENNSYLVANIA
CIVIL ACTION - LAW
No. 6L - / So, el U t lr?J'+
CONFESSION OF JUDGMENT
Pursuant to the authority contained in the warrant of attorney in the Guaranty executed by
Defendant in favor of Plaintiff, a true and correct copy of which is attached to the Complaint filed in this
action as Exhibit "A" and which is incorporated herein by reference, I hereby appear for Defendant,
Lester W. Ginanni, Jr., confess judgment for money damages in favor of Plaintiff and against Defendant
as follows:
Principal ....................................................................................... $701,069.88
Interest thru 01/06/06 at a rate of $146.05 per diem ................. 14,509.57
Late Charges ..........................................................................................800.00
Credit Card Balance as of 01/06/06 ..................................................20,352.67
15% Attorneys' Fees.. ..................................... .......................... 107,336.91
Total ............................................................................................. $ 844,069.03
plus continuing interest after January 6, 2006 at a rate of $146.05 per diem, plus continuing late charges
and costs of suit.
BARLEY SNYDER, C
By:?
Scott F. Landis, Esquire
Attorneys for Defendant
Lester W. Ginanni, Jr.
Court I.D. No. 69798
126 East King Street
Lancaster, PA 17602-2893
(717) 299-5201
1538537_LDOC
BARLEY SNYDER, LLC
Scott F. Landis, Esquire
Court I.D. No. 69798
126 East King Street
Lancaster, PA 17602
(717) 299-5201
Attorneys for Plaintiff
Fulton Bank
FULTON BANK,
V.
LESTER W. GINANNI, JR.,
Plaintiff
Defendant
COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY,
PENNSYLVANIA
CIVIL ACTION - LAW
No. pl- - /S2 otc. ,,
COMPLAINT FOR CONFESSION OF JUDGMENT
Plaintiff, Fulton Bank, files this Complaint pursuant to Pa. R.C.P. §2951(b) for judgment
by confession and avers the following:
Plaintiff, Fulton Bank (the `Bank"), is a Pennsylvania banking corporation with
a principal location of One Penn Square, P. O. Box 4887, Lancaster, Pennsylvania 17604.
2. Defendant, Lester W. Ginanni, Jr., is an adult individual, with a last known
address of 823 Fishing Creek Road, New Cumberland, Pennsylvania 17070.
On or about December 30, 2004, Defendant executed and delivered to Plaintiff
an unlimited Guaranty (the "Guaranty"), by which Defendant agreed to unconditionally guaranty
and become surety to the Bank for all amounts owed to the Bank by Shaull Equipment and
Supply Company, a Pennsylvania corporation (the `Borrower"). A true and correct copy of the
Guaranty is attached hereto as Exhibit "A" and incorporated by reference.
1538537-1
4. The Guaranty authorizes confession of judgment against Defendant for all
amounts due under the Guaranty plus continuing interest, costs of the proceeding and reasonable
attorneys' fees equal up to fifteen (15%) percent of the sum of the principal plus interest for
which judgment is confessed, but in any event not less than five thousand dollars ($5,000.00),
whichever is greater, and the costs of any legal proceedings.
5. As of December 8, 2005, there remained due and owing from the Borrower an
unpaid balance as follows:
Principal ..............................................................................$701,069.88
Interest thru 01/06/06 at a rate of $146.05 per diem........ 14,509.57
Late Charges ................................................................................800.00
Credit Card Balance as of 01/06/06 ........................................20,352.67
15% Attorneys' Fees ......................................................... 107,336.91
Total .................................................................................... $844,069.03
plus continuing interest after January 6, 2006 at a rate of $146.05 per diem, plus
continuing late charges and costs of suit.
6. This action is based on the Guaranty which authorizes confession of judgment
against Defendant for all amounts owed by the Borrower.
7. The Bank is the owner and holder of the Guaranty.
8. The Guaranty has not been assigned.
9. No prior judgment has been entered on the warrant of attorney contained in the
Guaranty in any jurisdiction.
10. Judgment is not being entered by this Complaint against a natural person in
connection with a consumer credit transaction.
1538537-1
WHEREFORE, Plaintiff, Fulton Bank, demands judgment against Defendant, Lester W.
Ginanni, Jr., in the total amount of $844,069.03, consisting of a principal amount of $701,069.88
interest through January 6, 2006, in the amount of $14,509.57, late charges in the amount of
$800.00, credit card balance in the amount of $20,352.67, attorneys' fees in the amount of
$107,336.91, plus continuing interest after January 6, 2006 at a rate of $146.05 per diem and
costs of suit.
BARLEY SNYDER, LLC
Date:
B/ / i
Scott F. Landis, Esquire
Attorneys for Plaintiff
Fulton Bank
Court I.D. No. 69798
126 East King Street
Lancaster, PA 17602-2893
(717) 299-5201
1538537-1
«Exhibit A"
JAN 06 2006 1:36PM FFC SPECIAL ASSET DEPT 7173976268
12/09/2QG4 09:59 FAX 717 291 4660 t1AMLty ZMYUt" LNVW60-t" --•--1'' ?`
COPY
GUARANTY AND SURETYSHIP AGREEMENT
THIS GUARANTY AND SURETYSHIP AGREEMENT (the "Guaranty') is made as of
December 2004, by LESTER W. GINANNI, JR. (the "Guarantor'j, to and for the benefit of
FULTON BANK, a commercial bank and trust company, with an office at One Penn Square,
Lancaster, Pennsylvania 17602 (the "Bank"), with respect to the obligations of SHAULL
EQUIPMENT AND SUPPLY COMPANY; a Pennsylvania corporation ("Borrower").
WHEREAS, the Bank has provided to the Borrower a line of credit in the principal
amount of up to $1,000,000 (the "Loan" or sometimes referred to herein as the'?Obligations"),
pursuant to which the Borrower executed and delivered to and for the benefit of Bank a Line of
Credit Note and Agreement dated February 16, 1995 (the "Note") in the original principal
amount of One Million Dollars ($1,000,000.00) evidencing the Loan, which had a principal
balance as of November 3, 2004 of $957,724.55.
WHEREAS, the total outstanding indebtedness owed to the Bank, whether pursuant to a
note or a guaranty, including principal, interest, late charges, attorneys' fees, and costs of
collection, including the Loan, is sometimes referred to herein as the "Debt". All of the notes,
security agreements, leases, guaranties, and other documents which are referred to herein, and/or
which evidence the Debt or security for the Debt, are sometimes referred to herein collectively as
the "Loan Documents".
WHEREAS, the Borrower has defaulted under the Loan Documents, and remains in
default in that the Borrower has failed to make payment in full on the Loan after demand for
such payment was made by the Bank pursuant to the Loan Documents (collectively, the
"Existing Defaults").
WHEREAS, the Borrower, the Guarantor and the Bank have reached certain
understandings and agreements regarding the Obligations and the repayment; of the Debt,
pursuant to the terms of an Extension Agreement, dated as of the date hereof, between the
Borrower, the Guarantor and the Bank (the "Extension Agreement').
WHEREAS, to induce the Bank to enter into the Extension Agreement, Guarantor has
agreed to provide an unlimited guaranty of the Obligations, except that the such Guaranty will
not cover the Guarantor's primary residence.
NOW, THEREFORE, in consideration of these premises and other good and valuable
consideration, the receipt and sufficiency of which is hereby acknowledged, the Guarantor gives
the following guaranty and indemnification to and for the benefit of the Bank.
1. The Guaranty. The Guarantor guarantees to the Bank and becomes surety to the
Bank for. (a) payment of any and all sums now or hereafter due and owing to the Bank by the
Borrower as a result of or in connection with the loan, the Extension Agreement and the Loan
Documents and any and all existing or future indebtedness, liability or obligation of every kind,
nature, type, and variety owed by the Borrower to the Bank from time to time pursuant to the
Loan, the Extension Agreement, the Loan Documents and any other document evidencing any
and all existing or future indebtedness, liability or obligation of every kind, nature, type, and
2006 1:37PM FFC SPECIAL ASSET DEPT 7173976268
10.00 FAX 717 291 4660 BARLEY SNYDER LANCA41tn P' 3
variety owed by the Borrower to the Bank from time to time, including all renewals, extensions,
substitutions, and modifications thereof, no matter when or how created, arising, evidenced or
acquired, and whether or not presently contemplated or anticipated, including, but not limited to,
all amounts of principal, interest, penalties, reimbursements, advancements, escrows, collection
expenses, and fees (all of the foregoing documents, including without ]imitation the Extension
Agreement, referred to collectively herein as the "Loan Documents"); and (b) the timely,
complete, continuous, and strict performance and observance by the Borrower of any and all of
the terms, covenants, agreements and conditions contained in the Loan Documents. As used in
this Guaranty, the term "Obligations" shall refer to the obligations of payment, performance and
indemnification which the Guarantor has undertaken and assumed pursuant to this Guaranty.
This is a continuing guaranty, and all liabilities to which it applies or may apply shall be
conclusively deemed to have been created in reliance hereon.
2. Nature of Guaranty: Accelerati 3o . This Guaranty is irrevocable, absolute and
unconditional, and is a suretyship agreement and guaranty of payment, and not just a guaranty of
collection. The Bank shall be authorized to proceed against the Guarantor and enforce the terms
and conditions of this Guaranty upon the occurrence of any of the following events: (i) the
occurrence of a default or breach by the Borrower after the expiration of any applicable notice
and cure periods, under the Loan Documents; (ii) the failure of the Borrower to satisfy, after the
expiration of any applicable notice and cure periods, any duty or obligation of any kind owed
from time to time by the Borrower to the Bank pursuant to the Loan Documents; (iii) the
violation by the Guarantor of any term or condition set forth in this Guaranty; (iv) the death of
the Guarantor or any other guarantor of the Borrower's obligations to the Bank; (v) the
commencement by the Guarantor or the Borrower or any other guarantor of the Borrower's
obligations, of a voluntary case under the federal bankruptcy laws or any state insolvency or
similar laws or the consent by the Guarantor or the Borrower or any other guarantor of the
Borrower's obligations, to the appointment of or taking possession by a receiver, liquidator,
assignee, trustee, custodian, or similar official for the Guarantor of any of the Guarantor's
property or for the Borrower or any of the Borrower's property, or for any other guarantor or for
any other guarantor's property, or the making by the Guarantor or by the Borrower, or any other
guarantor of the Borrower's obligations, of an assignment for the benefit of creditors, or the
failure by the Guarantor generally to pay the Guarantor's debts as the debts become due or the
failure by the Borrower generally to pay the Borrower's debts as the debts become due or the
failure by any other guarantor of the Borrower's obligations generally to pay its debts as those
debts become due.
3. (Representations and Warranties. The Guarantor hereby represents and warrants that:
(a) The execution and delivery of this Guaranty will not violate any contract,
agreement, statute, regulation or order applicable to the Guarantor, and
(b) There is no litigation, proceeding or investigation, pending or threatened,
which would have an adverse affect on the ability of the Guarantor to perform under this
Guaranty.
4. Unlimited Liability. The Guarantor's liability under this Guaranty is unlimited.
Notwithstanding anything to the contrary contained herein, the Bank shall have no recourse in
the enforcement or collection of Guarantor's obligations hereunder to Guarantor's personal
residence situate at ?23 . isle Cteel; JZ?t I Frtl"wew twlo, XI-k C,-v ofy, feiiu5vl in+t?
1342403.1
JAN 06 2006 1:37PM FFC SPECIAL ASSET DEPT 7173976268
IG!UJlGV VV rv.vv ,nn i ?v???? p. 4
5. Bank Need Not Pursue R+zhts Against the Borrower, any Other Guarantor or
Collateral. The Bank shall be under no obligation to pursue the Bank's rights against the
Borrower or any other guarantor or any of the Borrower's real or personal property or any other
guarantor's real or personal property before pursuing the Bank's rights against the Guarantor, and
the Bank need not foreclose or enforce any security interests or mortgage liens which may have
been granted or created in any of the Loan Documents before enforcing the terms of this
Guaranty against the Guarantor.
6. Accuracy of Representations. The Guarantor warrants that all of the Guarantor's
representations and those of the Borrower in securing and/or maintaining any credit
accommodation from the Bank, and as stated in the Loan Documents are true and correct and not
misleading, and the Guarantor agrees to indemnify the Bank from any loss or expense as a result
of any representation or statement of the Guarantor or of the Borrower being false, incorrect, or
misleading.
7. Rights of Bank to Deal With Borrower Guarantor and CQUateral. The Guarantor
hereby assents to any and all terns and agreements between the Bank and the Borrower or
between the Bank and any person who has guaranteed in whole or in part the payment or
performance of the Borrower's obligations, and all amendments and modifications thereof,
whether presently existing or hereafter made and whether oral or in writing. The Bank may,
without compromising, impairing or diminishing, or in any way releasing the Guarantor from the
Guarantor's Obligations hereunder and without notifying or obtaining the prior approval of the
Guarantor at any time or from time to time:.(a) waive or excuse a default or defaults by the
Borrower or any person who has guaranteed in whole or in part any of the Borrower's
obligations or delay in the exercise by the Bank of any or all of the Bank's rights or remedies
with respect to such default or defaults; (b) grant extensions of time for payment or performance
by the Borrower or any person who has guaranteed in whole or in part any of the Borrower's
obligations; (c) release, substitute, exchange, surrender, or add collateral of the Borrower or any
person who has guaranteed in whole or in part any of the Borrower's obligations, or waive,
release, or subordinate, in whole or in part, any lien or security interest held by the Bank on any
real or personal property securing payment or performance, in whole or in part, of the
Borrower's obligations; (d) release the Borrower or any person who has guaranteed in whole or
in part any of the Borrower's obligations; (e) apply payments made by the Borrower or by any
person who has guaranteed, in whole or in part, any of the Borrower's obligations to any sum
owed by the Borrower to the Bank, in any order, or manner, or to any specific account or
accounts, as the Bank may elect; (f) modify, change, renew, extend, or amend, in any respect the
Bank's agreement or understanding with the Borruwcr or any person who has guaranteed in
whole or in part any of the Borrower's obligations or any document, instrument, or writing,
embodying, or reflecting the same. Should the Bank obtain the prior consent or approval, or give
prior notice to Guarantor, with respect to any of the above actions, the Bank -will not be required
to do so in future cases nor be considered to have altered the terms of this Section in any way.
8. Waivers by the Qaarwntor. The Guarantor hereby irrevocably and absolutely waives:
(a) any and all notices whatsoever with respect to this Guaranty or with respect to any of the
Borrower's obligations to the Bank, including, but not limited to, notice of. (i) the Bank's
acceptance hereof or the Bank's intention to act, or the Bank's action, inycliance hereon, (ii) the
present existence or future incurring of any of the Borrower's obligations or any terms or
amounts thereof or any change therein, (iii) any default by the Borrower or any surety, pledgor of
1342403.1
JRN 06 2006 1:37PK FFC SPECIRL RSSET DEPT 7173975268
P? 5
12/09/2004 10: 00 FAX 717 291 4660 HAFLEY NNYUtH LAncnblen
security, guarantor or other person who has guaranteed or secured in whole or in part the
Borrower's obligations, (iv) the obtaining or release of any guaranty or surety agreement (in
addition to this Guaranty), pledge, assigmnent, or other security for any of the Borrower's
obligations, (v) the sale, liquidation or disposition of any collateral securing the Borrower's
obligations to the Bank; and (vi) protest or dishonor; (b) any objections as to the commercial
reasonableness of any acts taken or not taken by the Bank in the sale, liquidation, or disposition
of any collateral securing the Borrower's obligations to the Bank; (c) presentment, diligence,
protest and demand for payment of any sum due from the Borrower or any person who has
guaranteed in whole or in part any of the Borrower's obligations and protest of nonpayment; (d)
demand for performance by the Borrower or any person who has guaranteed in whole or in part
any of the Borrower's obligations; and (e) Guarantor expressly waives any tight of subrogation,
indemnification or contribution Guarantor may have or which may arise against the Borrower
with respect to the Obligations hereunder.
9. Collection Expenses. The Guarantor shall pay to the Bank, upon demand, all costs
and expenses, including attorneys' fees (whether or not suit is filed or judgment confessed) not
less than 55,000.00 and accrued interest and court costs that maybe incurred by the Bank in
attempting to cause satisfaction of the Guarantor's liability under this Guaranty, or to otherwise
enforce the Guarantor's Obligations.
10. Yarrantof Attorney: Confessionof Judgment- UPON OCCURRENCE OF AN
EVENT OF DEFAULT UNDER THIS GUARANTY OR ANY OF THE LOAN
DOCUMENTS, THE GUARANTOR HEREBY AUTHORIZES THE PROTHONOTARY OR
ANY ATTORNEY ADMITTED TO PRACTICE BEFORE ANY COURT OF RECORD IN
THE UNITED STATES TO APPEAR ON BEHALF OF THE GUARANTOR IN ANY SUCH
COURT IN ONE OR MORE PROCEEDINGS, OR BEFORE ANY CLERK THEREOF, AND
TO CONFESS JUDGMENT AGAINST THE GUARANTOR, WITHOUT PRIOR NOTICE OR
OPPORTUNITY FOR PRIOR HEARING, IN FAVOR OF THE BANK IN FULL AMOUNT _
DUE ON THIS GUARANTY, PLUS ATTORNEYS' FEES OF FIFTEEN PERCENT (15.0%)
OF THE UNPAID PRINCIPAL BALANCE RUT NOT LESS THAN $5,000.00 AND
ACCRUED INTEREST AND COURT COSTS. IN ADDITION TO ALL OTHER COURTS
WHERE JURISDICTION AND VENUE WOULD BE PROPER, THE GUARANTOR
CONSENTS TO THE JURISDICTION AND VEN UE OF THE COURTS OF ANY COUNTY
OF THE COMMONWEALTH OF PENNSYLVANIA FOR THE ENTRY OF SAID
JUDGMENT. THE GUARANTOR WAIVES AND RELEASES ALL ERRORS, DEFECTS,
AND IMPERFECTIONS WHATEVER IN THE ENTERING OF THE SAID JUDGMENT
AND HEREBY AGREES THAT NO WRIT OF ERROR OR OBJECTIONS OR MOTION OR
RULE TO OPEN OR STRIKE SAID JUDGMENT OR APPEAL SHALL BE MADE OR
TAKEN THERETO. THE GUARANTOR WAIVES THE BENEFIT OF ANY AND EVERY
STATUTE, ORDINANCE, OR RULE OF COURT WHICH MAY BE LAWFULLY WAIVED
CONFERRING UPON THE GUARANTOR ANY RIGHT OR PRIVILEGE OF EXEMPTION,
INCLUDING, BUT NOT LIMITED TO, ANY HOMESTEAD EXEMPTIONS, STAY OF
EXECUTION, OR SUPPLEMENTARY PROCEEDINGS, OR OTHER RELIEF FROM THE
ENFORCEMENT OR IMMEDIATE ENFORCEMENT OF A JUDGMENT OR RELATED
PROCEEDINGS ON A JUDGMENT. THE AUTHORITY AND POWER TO APPEAR FOR
AND ENTER JUDGMENT AGAINST THE GUARANTOR SHALL NOT BE EXHAUSTED
BY ONE OR MORE EXERCISES THEREOF, OR BY ANY IMPERFEC'T' EXERCISE
THEREOF, AND SHALL NOT BE EXTINGUISHED BY ANY JUDGMENT ENTERED
13A2a03J
JAN 06 2006 1:37PM FFC SPECIAL ASSET DEPT 7173976268 p.6
12/0,9/2vo4 1000 FAX 717 291 4660 BARLEY SNYULK LANCeainN ......
PURSUANT THERETO; SUCH AUTHORITY AND POWER MAY BE EXERCISED ON
ONE OR MORE OCCASIONS FROM TIME TO TIME, IN THE SAME OR DIFFERENT
JURISDICTION, AS OFTEN AS THE BANK MAY DEEM NECESSARY OR ADVISABLE-
11. Indemnification. In the event any real orpersonal property secures any of the sums
now or hereafter owed by the Borrower to the Bank or the Obligations and the Bank acquires the
same after a foreclosure sale as to real property or a public auction We as to personal property,
Guarantor agrees to indemnify and hold the Bank harmless from any loss, cost, or expense which
the Bank may sustain as a result of. (a) selling the real or personal property so acquired for less
than the total sums owed by the Borrower to the Bank or the Obligations, as the case may be,
provided, however, that any such sale by the Bank is done in a commercially reasonable manner
or (b) any action brought against the Bank on the ground that the consideration paid by the Bank
for the real or personal property was not "reasonably equivalent value," within the contemplation
of the United States Bankruptcy Code, as amended, or any applicable state fraudulent
conveyance act.
12. Invalidity of any Part. If any provision orpart of any provision of this Guaranty shall
for any reason be held invalid, illegal, or unenforceable in any respect, such invalidity, illegality,
or unenforceability shall not affect any other provisions or the remainingpart: of any effective
provisions of this Guaranty and this Guaranty shall be construed as if such invalid, illegal, or
unenforceable provision or part thereof had never been contained. herein, but only to the extent of
its invalidity, illegality, or unenforceability.
13. Financial Statements. The Guarantor shall provide the Bank with a personal
financial statement and copies of the Guarantor's federal and state income tax returns on or prior
to April 15 of each calendar year. The costs of supplying the financial statements and the tax
returns shall be paid by the Guarantor.
14. Nature of Guarantors- Liability: Remedies Cumulative The liability of the
Guarantor under this Guaranty; to the extent herein provided, is absolute and unconditional,
without regard to the liability of any other person, and shall not in any manner be affected by
reason of any action taken or not taken by the Bank, which action or inaction is herein consented
and agreed to, nor by the partial or complete unenforceability or invalidity of any other guaranty
or surety agreement, pledge, assignment or other security for any of the Borrower's obligations
to the Bank. No delay in making demand on the Guarantor for satisfaction of the Guarantor's
liability hereunder shall prejudice the Bank's right to enforce such satisfaction. All of the Bank's
tights and remedies shall be cumulative and any failure of the Bank to exercise any right
hereunder shall not be construed as a waiver of the right to exercise the same; or any other right at
any time, and from time to time, thereafter. The liability of the Guarantor hereunder shall be
joint and several with the liability of any other persons who have guaranteed the obligations of
the Borrower to the Bank. If more than one Guarantor has executed this guaranty, the liability of
each signatory shall be joint and several. The terms "Borrower" and "Guarantor" in each
instance in which it is used herein, shall be deemed to mean anyone or more of the parties
comprising the Borrower or Guarantor (as the case may be), and the determination as to which
parties are being referred to in each particular instance shall be made by the Bank in its sole
discretion based on the meaning that in the Bank's view, confers the greatest benefit on the
Bank.
1342401.1
JRtN 06 2006 1:38PM FFC SPECIRL RSSET DEPT 7173976268 P.7
121,09;2004 1000 FAH 717 291 4660 BARLEY SNYBER LANCASTER C uurIuu
15. F,ffeotive Date. This Guaranty shall be effective as of the stated date hereof,
independent of the date of execution or delivery.
16. Binding Nature. This Guaranty shall inure to the benefit of and be enforceable by
the Bank and the Bank's successors and assigns and any other person to whom the Bank may
grant an interest in the Borrower's obligations, and shall be binding upon and enforceable against
the Guarantor and the Guarantor's respective personal representatives, successors and assigns.
This Guaranty may only be terminated in writing by the signature of the Bank.
17. Assi ability. This Guaranty may be assigned by the Bank, or any other holder at
any time or from time to time but only in connection with an assignment of the Loan Documents
in whole or in part.
I S. Choice of Law; Consent to Jurisdiction. This Guaranty shall be construed,
interpreted, and enforced in accordance with the internal laws of the Commonwealth of
Pennsylvania. The Guarantor hereby consents to the jurisdiction and venue of the courts of the
Commonwealth of Pennsylvania in any action brought to enforce, construe or interpret this
Guaranty.
19. Waiver of Trial by Jurv. The Guarantor agrees that any suit, action, or proceeding,
whether claim or counterclaim, brought or instituted by the Guarantor or any successor or assign
of the Guarantor on or with respect to this Guaranty or which in any way relates, directly or
indirectly, to this Guaranty or any event, transaction, or occurrence arising out of or in any way
connected with this Guaranty, or the dealings of the parties with respect thereto, shall be tried
only by a court and not by a jury. The Guarantor hereby expressly waives any right to a trial by
jury in any such suit, action, or proceeding. The Guarantor acknowledges and agrees that their
waiver of a trial by jury is a specific and material aspect of this Guaranty and that the Bank
would not extend, or continue to extend, the requested credit accommodations to the Borrower if
this waiver of jury trial provision were not a part of this Guaranty.
20. Tense. Gender. Defined Terms. Cai)tion. As used herein, the plural shall refer to and
include the singular, and the singular, the plural and the use of any gender shall include and refer
to any other gender. All captions are for the purpose of convenience only.
[SIGNATURE PAGE FOLLOWS)
1342403.1
JAM 06 2006 1:30PM FFC SPECIAL ASSET DEPT 7173976268 P.8
"' '
12/09/2006 7001 FAX 717 251 4bbV UAMLCY snrucn LnOVnJILn ?+
IN WITNESS WHEREOF, the Guarantor has duly executed this Guaranty under seal.
r
Lester W. Ginanni, Jr.
Address:
Social Security Number.
1742403.1
JAM 06 2006 4:03PM FFC SPECInt- RSSET DEPT 7173976269 p.2
VERIFICATION
Fulton Bank v.
Lester W. Ginanni, Jr.
I, Christopher L. Demko, Vice President of Fulton Bank, verify that. the facts set forth in
the foregoing Complaint are true and correct to the best of my knowledge, :information and
belief.
To the extent that any of the averments in the foregoing document are based upon the
understanding or application of law, I have relied upon counsel in making this Verification.
This Verification is made subject to the penalties of 18 Pa. C.S. §4904, relating to
unswom falsification to authorities.
Dated:
Christopher L. Demko
Complaint for Confession of Judgment- Guaranty- Fulton Bank v. Ginanni, Lester, Jr..DOC
D
7k
9?
„a.
5- Nz?
BARLEY SNYDER, LLC
Scott F. Landis, Esquire
Court I.D. No. 69798
126 East King Street
Lancaster, PA 17602
(717) 299-5201
FULTON BANK,
V.
LESTER W. GINANNI, JR.,
Plaintiff
Defendant
Attorneys for Plaintiff
Fulton Bank
COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY,
PENNSYLVANIA
CIVIL ACTION - LAW
No. Olo - /5 ?1??? r• 1
CERTIFICATE OF RESIDENCE
I, Scott F. Landis, Attorney for Plaintiff, hereby certify to the best of my knowledge,
information and belief that the name and current address of each party is as follows:
The precise address of Plaintiff, Fulton Bank, One Penn Square, P. O. Box 4887,
Lancaster, Pennsylvania 17604.
The last known address for Defendant, Lester W. Ginanni, Jr., is 823 Fishing
Creek Road, New Cumberland, Pennsylvania 17070.
Dated:
BARLEY SNYDER, LLC
By:
§coft F. Landis, Esquire
Attorneys for Plaintiff
Fulton Bank
Court I.D. No. 69798
126 East King Street
Lancaster, PA 17602-2893
(717) 299-5201
1538537_1.DOC
r?, {?
Z;.
J` .?
?? ^{ ?
y
._"
'? .
??,
BARLEY SNYDER, LLC
Scott F. Landis, Esquire
Court I.D. No. 69798
126 East King Street
Lancaster, PA 17602
(717) 299-5201
Attorneys for Plaintiff
FULTON BANK,
V.
LESTER W. GINANNI, JR.,
Plaintiff
Defendant
COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY,
PENNSYLVANIA
CIVIL ACTION - LAW
No. Q` - k?? r" o, ! )_V1
ENTRY OF APPEARANCE
Kindly enter the appearance of Scott F. Landis, Esquire, Barley Snyder, LLC on behalf of
Plaintiff in the above-captioned matter. Serve all papers at 126 East King
Street, Lancaster, Pennsylvania 17602-2893,
BARLEY SNYDER, LLC
Date: 4r
By:
Scott F. Landis, Esquire
Attorneys for Plaintiff
Fulton Bank
Court I.D. No. 69798
126 East King Street
Lancaster, PA 17602-2893
(717) 299-5201
1538537_1.DOC
} r (_)
_ -i7
C _, ?
_
? _..y h.
'
?'
? I
_.
?.i
?
?; ?'
BARLEY SNYDER, LLC
Scott F. Landis, Esquire
Court I.D. No. 69798
126 East King Street
Lancaster, PA 17602
(717) 299-5201
FULTON BANK,
V.
LESTER W. GINANNI, JR.,
Plaintiff
Defendant
Attorneys for Plaintiff
Fulton Bank
COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY,
PENNSYLVANIA
CIVIL ACTION - LAW
No.
NOTICE OF ENTRY
OF JUDGMENT, ORDER OR DECREE
Pursuant to requirements of Pennsylvania Civil Procedural Rule #236, you are notified that there was
entered in this office today, in the above-captioned case.
Q Judgment by confession for Plaintiff and against Defendant, in the total amount of
$844,069.03, consisting of a principal amount of $701,069.88 interest through January 6, 2006, in the
amount of $14,509.57, late charges in the amount of $800.00, credit card balance in the amount of
$20,352.67, attorneys' fees in the amount of $107,336.91, plus continuing interest after January 6, 2006 at
a rate of $146.05 per diem and costs of suit.
? Judgment for Defendant(s) and against Plaintiff(s).
? Order of Decree in favor of
Curt Long, Prothonotary
Dated:
TO:
Lester W. Ginanni, Jr.
823 Fishing Creek Road
New Cumberland, PA 17070
By:
1538537_I.DOC
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
PRAECIPE FOR WRIT OF EXECUTION
Caption:
Fulton Bank,
Plaintiff
V.
Lester W. Ginanni, Jr.,
823 Fishing Creek Road
New Cumberland, PA 17070,
Defendant
L & L Partners, LTD, a Pennsylvania Limited
Partnership,
100 Market Street
Lemoyne, PA 17043
Garnishee
(X) Confessed Judgment
( ) Other
File No. 06-152
Amount Due $844,069.03
Interest $14,509.57 as of 01/06/06
per diem $146.05
Atty's Comm 15% Attomeys' Fees $107,336.91
Costs Late Charges $800.00,
Credit Card Balance as of 01/06/06 $20,352.67
TO THE PROTHONOTARY OF SAID COURT:
The undersigned hereby certifies that the below does not arise of out a installment sale, contract, or account
based on a confession of judgment, but if it does, it is based on the appropriate original proceeding filed pursuant to
Act 7 of 1966 as amended; and for real property pursuant to Act 6 of 1974 amended.
Issue writ of execution in the above matter to the Sheriff of Cumberland county, for debt, interest and
costs, upon the following describe property of the defendant(s)
PRAECIPE FOR ATTACHMENT EXECUTION
Issue a writ of attachment to the Sheriff of Cumberland County, for debt, interest and costs, as above, directing
attachment against the above-named garnishee(s) for the following property (if real estate supply six copies of the
description; supply four copies of lengthy personalty list)
To attach all property of Defendant Lester W. Ginanni Jr., in Garnishee's possession, including but not
limited to all partnership payments distributions or other amounts owed to Defendant, Lester W. Ginanni,
Jr and all other property belonging to Defendant Lester W. Ginanni, in Garnishee's possession.
? (Indicate) Index this writ against the garnishee(s) as a lis pendens against real es to of the
defendant(s) described in the attached exhibit.
DATE: Signature:
/ Print Name: Scott F. Landis, Esquire
Address: Barley Snyder, LLC
126 East King Street, Lancaster, PA 17602
Attorney for: Fulton Bank
Telephone: (717) 299-5201
Supreme Court ID No.:
G47)
k
Ile- %
G,
? V't
WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA)
COUNTY OF CUMBERLAND)
NO 06-152 Civil
CIVIL ACTION - LAW
TO THE SHERIFF OF CUMBERLAND COUNTY:
To satisfy the debt, interest and costs due FULTON BANK, Plaintiff (s)
From LESTER W. GIANNI, JR., 823 FISHING CREEK ROAD, NEW CUMBERLAND, PA
17070
(1) You are directed to levy upon the property of the defendant (s)and to sell
(2) You are also directed to attach the property of the defendant(s) not levied upon in the possession
of L & L PARTNERS, LTD, A PENNSYLVANIA LIMITED PARTNERSHIP- GARNISHEE -
TO ATTACH ALL PROPERTY OF DEFENDANT, LESTER W. GINANNI, JR., IN
GARNISHEE'S POSSESSION, INCLUDING BUT NOT LIMITED TO, ALL PARTNERSHIP
PAYMENTS, DISTRIBUTIONS, OR OTHER AMOUNTS OWED TO DEFENDANT, LESTER W.
GINANNI, JR., AND ALL OTHER PROPERTY BELONGING TO DEFENDANT, LESTER W.
GINANNI, IN GARNISHEE'S POSSESSION.
GARNISHEE(S) as follows:
and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from
paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant
(s) or otherwise disposing thereof;
(3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession
of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a
garnishee and is enjoined as above stated.
Amount Due $844,069.03
L.L. $.50
Interest $14,509.57 AS OF 1/6/06 - PER DIEM $146.05
Atty's Comm15 % Due Prothy $1.00
Atty Paid $37.50
LATE CHARGES $800.00
Plaintiff Paid
Date: JANUARY 26, 2006
(Seal)
Prothonotar
By:
Deputy
REQUESTING PARTY:
Name SCOTT F. LANDIS, ESQUIRE
Address: 126 EAST KING STREET
LANCASTER, PA 17602
Attorney for: PLAINTIFF
Telephone: 717-299-5201
Other Costs ATTORNEY'S FEES $107,336.91 -
CREDIT CARD BALANCE AS OF 1/6/06 $20,352.67
Supreme Court ID No. 69798
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
PRAECIPE FOR WRIT OF EXECUTION
Caption:
Fulton Bank,
Plaintiff
V.
Lester W. Ginanni, Jr.,
823 Fishing Creek Road
New Cumberland, PA 17070,
Defendant
L & L Partners, LTD, a Pennsylvania Limited
Partnership,
1249 Market Street
Lemoyne, PA 17043,
Garnishee
TO THE PROTHONOTARY OF SAID COURT:
(X) Confessed Judgment
( ) Other
File No. 06-152
Amount Due $844,069.03
Interest $14.509.57 as of 01/06/06
per diem $146.05
Arty's Comm 15% Attomevs' Fees $107,336.91
Costs Late Charges $800.00,
Credit Card Balance as of 01/06/06 $20,352.67
The undersigned hereby certifies that the below does not arise of out a installment sale, contract, or account
based on a confession of judgment, but if it does, it is based on the appropriate original proceeding filed pursuant to
Act 7 of 1966 as amended; and for real property pursuant to Act 6 of 1974 amended.
Issue writ of execution in the above matter to the Sheriff of Cumberland County, for debt, interest and
costs, upon the following describe property of the defendant(s)
PRAECIPE FOR ATTACHMENT EXECUTION
Issue a writ of attachment to the Sheriff of Cumberland County, for debt, interest and costs, as above, directing
attachment against the above-named garnishee(s) for the following property (if real estate supply six copies of the
description; supply four copies of lengthy personalty list)
? (Indicate) Index this writ against the gamishee(s) as a lis pendens against real estate of the
defendant(s) described in the attached exhibit.
lilJ
DATE: 116 Signature:
Print Name: Scott F. Landis. Esquire
Address: Barley Snyder. LLC
126 East King Street. Lancaster. PA 17602
Attorney for: Fulton Bank
Telephone: (717) 299-5201
Supreme Court ID No.: 69798
i
r?
r 1
s
ON)
Cllt
44. to y A L
tS? t R
WRIT OF EXECUTION and/or ATTACHMENT
4' 1
COMMONWEALTH OF PENNSYLVANIA) NO 06-152 Civil
COUNTY OF CUMBERLAND) CIVIL ACTION - LAW
TO THE SHERIFF OF CUMBERLAND COUNTY:
To satisfy the debt, interest and costs due FULTON BANK, Plaintiff (s)
From LESTER W. GINANNI, JR., 823 FISHING CREEK ROAD, NEW CUMBERLAND, PA
17070
(1) You are directed to levy upon the property of the defendant (s)and to sell .
(2) You are also directed to attach the property of the defendant(s) not levied upon in the possession
of L & L PARTNERS, LTD, A PENNSYLVANIA LIMITED PARTNERSHIP, 1249 MARKET
STREET, LEMOYNE, PA 17043 - TO ATTACH ALL PROPERTY OF DEFENDANT, LESTER W.
GINANNI, JR., IN GARNISHEE'S POSSESSION, INCLUDING BUT NOT LIMITED TO, ALL
PARTNERSHIP PAYMENTS, DISTRIBUTIONS, OR OTHER AMOUNTS OWED TO
DEFENDANT, LESTER W. GINANNI, JR., AND ALL OTHER PROPERTY BELONGING TO
DEFENDANT, LESTER W. GINANNI, IN GARNISHEE'S POSSESSION.
GARNISHEE(S) as follows:
and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from
paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant
(s) or otherwise disposing thereof;
(3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession
of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a
garnishee and is enjoined as above stated.
Amount Due $844,069.03
L.L.
Interest $14,509.57 AS OF 1/6/06 PER DIEM $146.05
Arty's Comm % Due Prothy $1.00
Arty Paid $125.43
$107,336.91 - LATE CHARGES $800.00
Plaintiff Paid
Date: JUNE 5, 2006
Other Costs 15% ATTORNEYS' FEES
CREDIT CARD BALANCE AS OF 1/6/06 $20,352.67
CURTI O G
Prothonotary
(Seal)
By:
Deputy
REQUESTING PARTY:
Name SCOTT F. LANDIS, ESQUIRE
Address: BARLEY SNYDER, LLC
126 EAST KING STREET
LANCASTER, PA 17602
Attorney for: PLAINTIFF
Telephone: 717-299-5201
t. Supreme Court ID No. 69798
Thomas Kline, Sheriff, who being duly sworn according to law, states
this writ is returned STAYED.
Sheriff's Costs:
Docketing
Poundage
Advertising
Law Library
Prothonotary
Mileage
Surcharge
Levy
Certified Mail
Post Pone Sale
Garnishee
Postage
TOTAL $
4?;
Advance Costs: 150.00
Sheriffs Costs: 74.93
18.00 $ 75.07
1.47
.50
1.00 Refunded to Atty on 05/24/06
14.96
30.00
9.00
74.93
ad o? So Answers;
0
womas Kline, eriff /
VV% At ?G` `4au is A w
OS :b f1 I - 033 9001
Vd "kiHnOJ UNVI838WnJ
331213HS 3H1 30 331330
/. SIB
C:{Z S'Y13?.
WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA)
COUNTY OF CUMBERLAND)
NO 06-152 Civil
CIVIL ACTION - LAW
TO THE SHERIFF OF CUMBERLAND COUNTY:
To satisfy the debt, interest and costs due FULTON BANK, Plaintiff (s)
From LESTER W. GINANNI, JR., 823 FISHIM CHUM ROAD, NEW Ct14 MUAND, FA
17070
(1) You are directed to levy upon the property of the defendant (s)and to sell
(2) You are also directed to attach the property of the defendant(s) not levied upon in the possession
of L & L PARTNERS, LTD, A PENNSYLVANIA LIMITED PARTNERSHIP - GARNISHEE -
TO ATTACH ALL PROPERTY OF DEFENDANT, LESTER W. GINANNI, JR., IN
GARNISHEE'S POSSESSION, INCLUDING BUT NOT LIMITED TO, ALL PARTNERSHIP
PAYMENTS, DISTRIBUTIONS, OR OTHER AMOUNTS OWED TO DEFENDANT, LESTER W.
GINANNI, JR., AND ALL OTHER PROPERTY BELONGING TO DEFENDANT, LESTER W.
GINANNI, IN GARNISHEE'S POSSESSION.
GARNISHEE(S) as follows:
and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from
paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant
(s) or otherwise disposing thereof;
(3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession
of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a
garnishee and is enjoined as above stated.
Amount Due $844,069.03
L.L. $.50
Interest $14,509.57 AS OF 1/6/O6 - PER DIEM $146.05
Arty's Comm15 % Due Prothy $1.00
Atty Paid $37.50 Other Costs ATTORNEY'S FEES $107,336.91 -
LATE CHARGES $800.00 - CREDIT CARD BALANCE AS OF 1/6/06 $20,352.67
Plaintiff Paid
Date: JANUARY 26, 2006
(Seal)
10"
Pr oddi nota
ry By:
Deputy
REQUESTING PARTY:
Name SCOTT F. LANDIS, ESQUIRE
Address: 126 EAST KING STREET
LANCASTER, PA 17602
Attorney for: PLAINTIFF
Telephone: 717-299-5201
Supreme Court ID No. 69798
No. 06-152
BARLEY SNYDER, LLC
Scott F. Landis, Esquire
Court I.D. No. 69798
126 East King Street
Lancaster, PA 17602
(717) 299-5201
Attorneys for Plaintiff
Fulton Bank
FULTON BANK,
Plaintiff
COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY,
V.
LESTER W. GINANNI, JR.,
Defendant
PENNSYLVANIA
CIVIL ACTION - LAW
L & L PARTNERS, LTD,
a Pennsylvania Limited Partnership
Garnishee
No. 06-152
PRAECIPE FOR JUDGMENT
TO THE PROTHONOTARY:
Please enter judgment in the above-caption matter in favor of Plaintiff, Fulton Bank and
against Garnishee, L & L Partners, Ltd, a Pennsylvania Limited Partner, in the amount of
$844,069.03, plus continuing interest after January 6, 2006 at a rate of $146 per diem, plus
continuing late charges and costs of suit, based on the admissions contained in its Answers to
Interrogatories, a true and correct copy of which is attached hereto as Exhibit "A" and
incorporated by reference.
Respectfully submitted,
Dated:
BARLEY SNYDER, LLC
By: / 11(U 1/%/ / l _
ScoR441 .andis, squire
Attorneys for Plaintiff
Fulton Bank
Court I.D. No. 69798
126 East King Street
Lancaster, PA 17602-2893
(717) 299-5201
1674831.1
"Exhibit A"
John W. Purcell, Esquire
PA Atty. ID No. 7108
PURCELL, KRUG & HALLER
1719 N. Front Street
Harrisburg, PA 17102
Telephone: (717)234-4178
Email: purcellWpkh.com
FULTON BANK,
Plaintiff
VS.
LESTER W. GINANNI, JR.,
Defendant
L & L PARTNERS, LTD,
a Pennsylvania Limited
Partnership,
Garnishee
TO
COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 06-152
CIVIL ACTION - LAW
TO: L&L Partners, Ltd.
1249 Market street
Lemoyne, PA 17043
EXECUTION
Pursuant to Rule 3144 of the Pennsylvania Rules of Civil
Procedure , you are required to file answers to the following
interrogatories within twenty (20) days after service upon you.
Failure to do so may result in the entry of a judgment against you.
These interrogatories are considered to be continuing and,
therefore, should be modified or supplemented as you obtain further or
additional information up until the satisfaction of this judgment.
YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT
HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING
OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP:
Cumberland Lawyer Referral Service
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, PA 17013
Telephone: (717) 249-3166
No. 06-152
1. At the time you were served or at any subsequent time was there in your
possession, custody or control or in the joint possession, custody or control of yourself and one
or more other persons or entities any property of any nature owned solely or in part by
Defendant? If so, describe and state the value of the property involved.
ANSWER: Yes. The interest of Lester W. Ginanni, Jr. was 3% of an unknown
value representing his limited partnership interest in L&L Partners, Ltd.
1544042_1.ooc
No. 06-152
2. At the time you were served or at any subsequent time did you hold legal title to
any property of any nature owned solely or in part by Defendant or in which Defendant held or
claimed to hold any interest? If so, describe and state the value of the property involved.
Answer: Yes. The interest of Lester W. Ginanni, Jr. was 3% of an unknown value
representing his limited partnership interest in L&L Partners, Ltd.
1544042_I.DW
No. 06-152
3. At the time you were served or at any subsequent time did you hold as fiduciary
any property in which Defendant had an interest? If so, describe and state the value of the
property involved.
Answer: Yes. The interest of Lester W. Ginanni, Jr. was 3% of an unknown value
representing his limited partnership interest in L&L Partners, Ltd.
1544042_1.DM
No. 06-152
4. At any time before or after you were served did Defendant transfer or deliver
any property to you or to any person or to any entity or to any place pursuant to your direction
or consent? If so, identify the consideration therefore.
Answer: No.
1544042_I.DOC
Acceptance of Service
I accept the service of the \Aj(-Iy Off" ?1(eC1? '? ?> ?/ f'.
Cw?tCa 2?-- 2cx-12_
(on behalf of X 11/1
and
certify that I am authorized to do so.)
k (-a- I e`
Date
Authorize Agent?a?. Were
VERIFICATION
COMPANY NAME: L & L Partners, LTD, a Pennsylvania Limited Partnership
I verify that the statements made in the foregoing Defendant's Answers to Garnishment
Interrogatories in Aid of Execution are true and correct.
I understand that false statements herein are made subject to the penalties of 18 PA C.S.
§ 4904 relating to unsworn falsification to authorities.
Dated: Byy06
Lillian R. Ginanni
Title: General Partner
CERTIFICATE OF SERVICE
I, John W. Purcell, Attorney for the Garnishee, hereby certify that a true and correct copy of the
foregoing was served on the Plaintiff by forwarding said copy to its attorney of record at the following
address, by first class U.S. Mail on June 27, 2006:
Scott F. Landis, Esquire
Barley Snyder, LLC
126 East King Street
Lancaster, PA 17602
Attorney for Plaintiff
f.
7 HN . CELL
I. 0.7108
M
A' v(
N ^?
• z
A
V
S
1
v2 --?
r s- =L
No. 06-152
BARLEY SNYDER, LLC
Scott F. Landis, Esquire
Court I.D. No. 69798
126 East King Street
Lancaster, PA 17602
(717) 299-5201
FULTON BANK,
V.
LESTER W. GINANNI, JR.,
Plaintiff
Defendant
L & L PARTNERS, LTD, a Pennsylvania
Limited Partnership
Garnishee
Attorneys for Plaintiff
COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
No. 06-152
CERTIFICATE OF ADDRESS
The names and addresses of the parties in the above captioned matter are:
Scott F. Landis, Esquire
Attorneys for Plaintiff,
Fulton Bank
Barley Snyder, LLC
126 East King Street
Lancaster, PA 17602
Dated: WN
John W. Purcell, Esquire
Attorneys for L & L Partners, Ltd, Garnishee
Purcell, Krug & Haller
1719 N. Front Street
Harrisburg, PA 17102
Lester W. Ginanni, Jr.
823 Fishing Creek Road
New Cumberland, PA 17070
BARLEY SNYDER, LLC
By:
Scott F. Landi , Esquire
Attorneys for Plaintiff
Fulton Bank
Court I.D. No. 69798
126 East King Street
Lancaster, PA 17602-2893
(717) 299-5201
1674831.1
a
G c
t53
??
?
? o
No.: 06-152
BARLEY SNYDER, LLC
Scott F. Landis, Esquire
Court I.D. No. 69798
126 East King Street
Lancaster, PA 17602
(717) 299-5201
Attorneys for Plaintiff
Fulton Bank
FULTON BANK,
V.
LESTER W. GINANNI, JR.,
L & L PARTNERS, LTD,
a Pennsylvania Limited Partnership
Garnishee
Plaintiff
Defendant
COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY,
PENNSYLVANIA
CIVIL ACTION - LAW
No. 06-152
CERTIFICATE OF SERVICE
I hereby certify that a true and correct copy of the Notice of Deposition was served upon
John W. Purcell, Esquire on behalf of Defendant, Lillian R. Ginanni, as General Partner of L & I.
Partners, Ltd., by personal service at 1719 North Front Street, Harrisburg, PA 17102, on August
28, 2006. True and correct copies of the Affidavit of Service is attached hereto as Exhibit "A",
and incorporated by reference.
Sworn to and subscribed
before me this day
of Augsut, 2006
Xotary Public
BARLE SN DER, LLC
By:
Diane E. Ennis, Paralegal
For Plaintiff, Fulton Bank
COMMONWEALTH OF PENNSYLVANIA
1700352 I .DOC NUarial Sea
Judith F. Bnkiey, Notary Public
City Ot Lancaster, Lancaster County
My Commission Expires Mar. 14, 2009
Member, Pennsylvania Aseociatiorr of Notaries
126 East King Street
Lancaster, PA 17602-2893
(717) 299-5201
"Exhibit A"
BARLEY SNYDER, LLC
Scott F. Landis, Esquire
Court I.D. No. 69798
126 East King Street
Lancaster, PA 17602
(717) 299-5201
Attorneys for Plaintiff
Fulton Bank
FULTON BANK,
V.
LESTER W. GINANNL JR.,
L & L PARTNERS, LTD,
a Pennsylvania Limited Partnership
COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
No. 06-152
Plaintiff
Defendant
Garnishee
AFFIDAVIT OF SERVICE
Name of Server: `J h \ \E! WNYvs, (.nA , undersigned being duly sworn, deposes and says
that at the time of service, h as over the age of twenty-one, was not a party to this action;
Date/Time of Service: {? 0 V ?/"tUW GCS 20
Person (s)/Place of Service: John W. Purcell, Esquire on behalf of Lillian R. Ginanni, as General Partner of L & L Partners.
Ltd.,
Documents Served: the undersigned served the documents described as:
Notice of Deposition
Service of Process on: A true and correct copy of the foresaid documents were served upon:
Person Served and Method of Service:
By personally delivering them into the hands of the person to be served.
By delivering them into the hands ofC-Q-y` )' kl 'k SC-V, a person of
suitable age and discretion rest to at the Place of Service, whose relationship to
the person to be served is MOVK U J e v
By POSTING at property
Description of Person The person receiving documents is descr bed as follows:
Receiving Documents: Sex ; Skin Color ; Hair Color rr; Facial Hair
Approx. Agee; Approx Height -A4 ; Approx Weight /30
To the best of my knowledge and belief, said person was not engaged in the US Military
at the time of Service.
Signature of Server: Undersigned declares under penalty of perjury
that the foregoing is true and correct.
Sfgna re of Server to(p
1697825_1.DOC
Subscribed and sworn to before me this
day of _(R?2006.
Notary Public ( ommission Expires)
COMMONWEALTH OF PENNSYLVANI
Notarial Seal
Sharon K. Flemming, Notary Public
City Of Lancaster, Lancaster County
pAy Commission E)pires Nov. 23, 2008
Member, Pennsylvania Association Of Notaries
f
WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA)
COUNTY OF CUMBERLAND)
NO 06-152 Civil
CIVIL ACTION - LAW
TO THE SHERIFF OF CUMBERLAND COUNTY:
To satisfy the debt, interest and costs due FULTON BANK, Plaintiff (s)
From LESTER W. GINANNI, JR., 823 FISHING CREEK ROAD, NEW CUMBERLAND, PA
17070
(1) You are directed to levy upon the property of the defendant (s)and to sell .
(2) You are also directed to attach the property of the defendant(s) not levied upon in the possession
of L & L PARTNERS, LTD, A PENNSYLVANIA LIMITED PARTNERSHIP, 1249 MARKET
STREET, LEMOYNE, PA 17043 - TO ATTACH ALL PROPERTY OF DEFENDANT, LESTER W.
GINANNI, JR., IN GARNISHEE'S POSSESSION, INCLUDING BUT NOT LIMITED TO, ALL
PARTNERSHIP PAYMENTS, DISTRIBUTIONS, OR OTHER AMOUNTS OWED TO
DEFENDANT, LESTER W. GINANNI, JR., AND ALL OTHER PROPERTY BELONGING TO
DEFENDANT, LESTER W. GINANNI, IN GARNISHEE'S POSSESSION.
GARNISHEE(S) as follows: Jr.
and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from
paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant
(s) or otherwise disposing thereof;
(3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession
of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a
garnishee and is enjoined as above stated.
Amount Due $844,069.03
L.L.
Interest $14,509.57 AS OF 1/6/06 PER DIEM $146.05
Atty's Comm % Due Prothy $1.00
Atty Paid $125.43
Other Costs 15% ATTORNEYS' FEES
$107,336.91 - LATE CHARGES $800.00 - CREDIT CARD BALANCE AS OF 1/6/06 $20,352.67
Plaintiff Paid
Date: JUNE 5, 2006
URTIS qLO ?
P rothonotary
(Seal) By:
Deputy
REQUESTING PARTY:
Name SCOTT F. LANDIS, ESQUIRE
Address: BARLEY SNYDER, LLC
126 EAST KING STREET
LANCASTER, PA 17602
Attorney for: PLAINTIFF
Telephone: 717-299-5201
R. Thomas Kline, Sheriff, who being duly sworn according to law, states this
Writ is returned ABANDONED, no action taken in six months.
Sheriff's Costs: Advance Costs: 175.00
Sheriff's Costs 105.92
Docketing 18.00 69.08
Poundage 2.08
Advertising
Law Library
Prothonotary 1.00 Refunded to Atty on 02/28/07
Mileage 15.84
Misc.
Surcharge 40.00
Levy 20.00
Post Pone Sale
Certified Mail
Postage
Garnishee 9.00
o it t `7 y
TOTAL 105.92 31
So Answers;
R. Thomas Kline, Sheriff
By( /A
?I--ylsl {JQItC?i
SHERIFF'S RETURN - GARNISHEE
CASE NO: 2006-00152 P
COMMONWEALTH OF PENNSLYVANIA
COUNTY OF CUMBERLAND
FULTON BANK
VS
GINANNI LESTER W JR
And now R. Thomas Kline
,Sheriff or Deputy Sheriff of
Cumberland County of Pennsylvania, who being duly sworn according
to law, at 0010:00 Hours, on the 8th day of June , 2006, attached
as herein commanded all goods, chattels, rights, debts, credits, and
moneys of the within named DEFENDANT
GINANNI LESTER W JR in the
hands, possession, or control of the within named Garnishee
LILLIAN R. GINANNI GENERAL PARTNER
THROUGH ATTY JOHN PURCELL, SR HANDING TO: LATOYA WINFIELD
1 CTHS SQ CARLISLE, PA 17013
Cumberland County, Pennsylvania, by handing to
LATOYA C. WINFIELD, ESQ. ATTY FOR GARNISHEE
personally three copies of interogatories together with 3 true
and attested copies of the within WRIT OF EXECUTION and made
the contents there of known to Her .
Sheriff's Costs: So answ:
Docketing .00
Service .00
Affidavit .00 R. Thomas Kline
Surcharge .00' Sheriff of Cumberland County
.00
, alb ?Jo 7 ?.,.
.00
06/08/2006
Sworn and Subscribed to
before me this day of By
Deputy Sheriff
A.D