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HomeMy WebLinkAbout06-0680COMMERCE BANKMARRISBURG, N.A., Plaintiff V. LESTER W. GINANNI, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. `d0)6'- Jv Ctvd CONFESSION OF JUDGMENT BY COMMERCE BANKMARRISBURG, N.A. AGAINST LESTER W. GINANNI Pursuant to the authority contained in the warrant of attorney, a copy of which is attached to the Complaint filed in this action, the undersigned appears for the Defendant and confesses judgment in favor of the Plaintiff and against Defendant in the amount of $1,009,011.10, itemized as follows: 1. Principal - $ 998,691.19 2. Interest accrued through January 26, 2006 - $ 8,302.77 3. Late fees - $ 732.14 4. Attorneys' fees and expenses through June 26, 2006 - $ 1,285.00 Total $1,009.011.10, plus interest accruing at the default rate in the Note after January 26, 2006, all attorneys' fees and expenses incurred after January 26, 2006 and all costs of this action. i _?S ?? 1. -L GZt-G E ? Lloy R. Persun, Esquire ME TE, EVANS & WOODSIDE Appearing herein for the Defendant 442221v1 COMMERCE BANKIHARRISBURG, N.A. Plaintiff V. LESTER W. GINANNI, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. );) 1)6_ ? COMPLAINT IN CONFESSION OF JUDGMENT AND NOW, this 30s' day of January, 2006, Commerce Bank/Harrisburg, N.A. (Plaintiff) files the following Complaint in Confession of Judgment against Lester W. Ginanni (Defendant): Plaintiff is a financial institution maintaining its principal place of business at 100 Senate Avenue, Camp Hill, Cumberland County, Pennsylvania 17001-8599. 2. Defendant is an adult individual residing at 1513 High Meadows Lane, Mechanicsburg, Cumberland County, Pennsylvania 17055-6769. 3. On or about February 13, 1998, Shaull Equipment and Supply Company (Shaull) executed and delivered to Plaintiff a Promissory Note, promising to pay to the order of Plaintiff, its successors and assigns, the principal sum not exceeding One Million Dollars ($1,000,000.00) together with interest thereon and other charges as provided therein. The Promissory Note was modified by Promissory Note Modification Agreement executed by Plaintiff and Shaull on November 26, 2002. True and correct copies of the Promissory Note and - 1 - the Promissory Note Modification Agreement are attached hereto as Exhibit "A" and made a part hereof (the "Note"). 4. Defendant by his Commercial Guaranty, Explanation of Rights - Confession of Judgment and Disclosure for Confession of Judgment executed February 13, 1998 in favor of Plaintiff guaranteed Shaull's payment and performance of its obligations to Plaintiff under the Note. True and correct copies of the Commercial Guaranty, Explanation of Rights - Confession of Judgment and Disclosure for Confession of Judgment are attached hereto as Exhibit `B" and made a part hereof (the "Guaranty"). 5. Plaintiff demanded from Shaull payment in full of all indebtedness represented by the Note. Shaul] has not made payment. 6. Plaintiff has demanded from Defendant payment in full of all Indebtedness represented by the Guaranty. Defendant has not made payment. Judgment is not being entered by confession in connection with a consumer credit transaction. 8. Plaintiff has not assigned the Note or the Guaranty. 9. Plaintiff has not entered Judgment on the Guaranty prior to filing this Complaint. -2- 10. The Indebtedness evidenced by the Note and the Guaranty and owed by Defendant to Plaintiff is in default. 11. The entire Indebtedness represented by the Guaranty is due and payable. The total amount of such Indebtedness as of January 26, 2006 is $1,009,011.10, which is computed as follows: Principal $ 998,691.19 Interest accrued through January 26, 2006 8,302.77 Late fees 732.14 Attorneys' fees and expenses through January 26, 2006 1,285.00 TOTAL $1-10 01 I 10 Interest continues to accrue at the default rate in the Note each day after January 26, 2006. Attorneys' fees and expenses continue to accrue each day after January 26, 2006. WHEREFORE, on the basis of the confession of judgment clause contained in the Guaranty, Plaintiff hereby demands judgment in its favor and against Defendant in the amount of $1,009,011.10 plus interest accruing at the default rate provided in the Note after January 26, 2006, all attorneys fees and costs incurred after January 26, 2006 and all costs of this action. Respectfully submitted, .- Moyd/R. Persun, Esquire Supreme Court LD. No. 10139 Mette, Evans & Woodside 3401 North Front Street P.O. Box 5950 Harrisburg, PA 17110-0950 (717) 232-5000 Attorneys for Plaintiff -3- VERIFICATION I, Robert E. McDonald, a Vice President of Commerce Bank/Harrisburg, N.A. (Commerce), have read the foregoing Complaint and, being authorized to do so, verify on behalf of Commerce that the facts set forth therein are true and correct according to the best of my knowledge, information and belief. I understand that any false statement made herein is subject to the penalties of 18 Pa. C.S.A. §4904, relating to unsworn falsification to authorities. 1 C-? (5 C Robert E. McDonald DATED: ? vAv' t 3 O 12006 441avvvi HF , Ep f it PROMISSORY NOTE Principal Amount: $1,000,000.00 Initial Rate: 10.000% Date of Note: February 13, 1998 PROMISE TO PAY. Shaul] Equipment and Supply Co. ("Borrower") promises to pay to Commerce Bank/Harrisburg, National Association ("Lender'), or order, In lawful money of the United States of America, the principal amount of One Million 6 001100 Dollars ($1,000,000.00) or so much as may be outstanding, together with Interest on the unpaid outstanding principal balance of each advance. Interest shall be calculated from the date of each advance uniN repayment of each advance. PAYMENT. Borrower will pay this loan on demand, or If no demand Is made, In one payment of all outstanding principal plus all accrued unpaid Interest on February 13, 1999. In addition, Borrower will pay regular monthly payments of accrued unpaid Interest beginning March 13, 1999, and all subsequent Interest payments are due on the same day of each month after that. The annual Interest rate for this Nate is computed on a 365/360 basis; that Is, by applying the ratio of the annual interest rate over a year of 360 days, multiplied by the outstanding principal balance, multiplied by the actual number of days the principal balance Is outstanding. Borrower will pay Lender at Lender's address shown above or at such other place as Lender may designate in writing. Unless otherwise agreed or required by applicable law, payments will be applied first to accrued unpaid Interest, then to principal, and any remaining amount to any unpaid collection costs and late charges. VARIABLE INTEREST RATE. The interest rate on this Note b subject to change from time to time based on changes In an Index which is the "COMMERCE BANK/HARRISBURG, NATIONAL ASSOCIATION RETAIL PRIME RATE" (the "Index"). The Commerce Bank/Harrisburg, National Association Retail Prime Rate, hereinafter referred to as "Commerce Bank Pdme" shad be that rate which Lender establishes as its Prime Rate, whether or not published. The establishment and publication of Commerce Prime Rate by Lender shall not in any way preclude or limit Lender from lending to certain borrowers, from time to time, at a rate of Interest less than the Commerce Bank Prime Rate. The Applicable Rate of Interest shall change on the date on which any change In the Commerce Bank/Hardsburg, National Association Retail Prime Rate shall become effective. When said Interest rate changes on a day other than a payment due dale under this Note, Interest shall be calculated on a per diem basis for such month. To the extent permitted by Pennsylvania law, Interest shall be calculated by the method known as the "Banker's Rule" using the actual days the principal balance is outstanding hereunder divided by 360 days and multiplied by the then applicable rate of interest described herein; provided, however, that to the extent such calculation Is not permitted by Pennsylvania law, Interest hereunder shall be calculated on the basis of a 365 or 366 day year, as the case may be. Lender will tall Borrower the current Index rate upon Borrower's request. Borrower understands that Lender may make loans based on other rates as wait. The interest rate change will not occur more often than each day. The Index currently Is 9.000% per annum. The interest rate to be applied to the unpaid principal balance of this Note win be at a rate of 1.000 percentage point over the Index, resulting In an Initial rate of 10.000% per annum. NOTICE: Under no circumstances will the interest rate on this Note be more than the maximum rate allowed by applicable taw. PREPAYMENT. Borrower may pay all or a portion of the amount owed earlier than It Is due. Early payments will not, unless agreed to by Lender In writing, relieve Borrower of Borrowers obligation to continue to make payments of accrued unpaid interest. Ratter, they will reduce the principal balance due. LATE CHARGE. It a payment Is 15 days or more late, Borrower will be charged 5.000% of the regularly scheduled payment. DEFAULT. Borrower will be in default If any of the following happens: (a) Borrower falls to make any payment when due. (b) Borrower breaks any promise Borrower has made to Lender, or Borrower fails to comply with or to perform when due any other term, obligation, covenant, or condition contained In this Note or any agreement related to this Note, or In any other agreement or loan Borrower has with Lender. (c) Borrower defaults under any loan, extension of credit, security agreement, purchase or sales agreement, or any other agreement, In favor of any other creditor or person that may materially affect any of Borrowers property or Borrower's ability to repay this Note or perform Borrower's obligations undr this Note or any of the Related Documents. (d) Any representation or statement made or furnished to Lender by Borrower or on Borrower's behalf Is false or misleading in any material respect either now or at the time made or furnished. (a) Borrower becomes insolvent, a receiver Is appointed for any pad of Borrower's property, Borrower makes an assignment for the benefit of creditors, or any proceeding Is commenced either by Borrower or against Borrower under any bankruptcy or Insolvency laws. (f) Any creditor tries to lake any of Borrower's property on or In which Lender has a lien or security interest. This includes a garnishment of any of Borrowers accounts with Lender. (g) Any guarantor dies or any of the other events described In this default section occurs with respect to any guarantor of this Note. (h) A material adverse change occurs In Borrower's financial condition, or Lender believes the prospect of payment or performance of the Indebtedness Is impaired. (1) Lender in good faith deems Itself Insecure. 02-13-1998 PROMISSORY NOTE 95 (Continued) Page 2 Loan no 27570 GENERAL PROVISIONS. This Note Is payable on demand. The Inclusion of specific default provisions or rights of Lender shall not preclude Lenders right to declare payment of this Note on Its demand. Lender may delay or forgo enforcing any of Its rights or fernedtes under this Note without losing them. Borrower and any other person who signs, guarantees or endorses this Note, to the extent allowed by law, waive presentment, demand for payment, protest and notice of dishonor. Upon any change In the terms of this Note, and unless otherwise expressly stated in writing, no parry who signs this Note, whether as maker, guarantor, accommodation maker or endorser, shad be released from liability. All such parties agree that Lender ollateral; upon may renew or extend (repeatedly and for any length of time) this loan, or release any party or guarantor or cthoul the consent impair, of or fall tnolke to anyone. perfect Lender's security Interest In the collateral; and lake any other action deemed necessary by ny othe provislo s of tmodification ned to a unenforceable, it will not affect the enfa ceabulty of awith All such aIf any portion agree of this Note Is for any remodify son dermiwithout Is made. his Note. OF E PENNSYLVANIA, OR AUTHORIZES ELSEWHERE, TTO APPEAR AT ANY TIME FORH BORROWER PROTHONOTARY NOIN THE COMMONWEALTH IRREVOCABLY OR CLERK OF ANY COURT AFTER OWER FOR THE ENTIRE RINCIPAL BALANCE OF'THIS COMPLAINT NOTE, ALL (ACCRUED INTEREST, LATE CHARGES, ENTER JUDGMENT AGAINST DEFAULT BORROWER AND ANY AND ALL MOUN S TS, TOOR ADVANCED BY LEND GETHER WITH COSTSEO SUIT AND AN ATTORNEY'S COMMISSION O E14 PERCENT TOGETHER AMOUNTS. 0%) OF THE UNPAID PRINCIPAL d n n Coq THAU FIVE. HUNnRrn nf9I ARR I&F % (1N wr.r:H Borrower: Shaul) Equipment and Supply Co. (TIN: Lender: Commerce Bank/Harrisburg, National Association 23-1264031) Main Ofnce/Commerdat Cost Center 100 Market Street P.O. Box 9599 Lemoyne, PA 17043 100 Senate Avenue Camp Wit, PA 17001-9599 hA0'oLO NI'VHSLO OLO?tldl'Penlevu gyGitrytl'=I-60mN 60 )zlo P8811312's-A"110'Wl q led'S'wo-wouawasvi 'PpclOJO-ol'gsOMPRA leag a}aaodloo ) AwlarwS lueleleey jo Amlajaa ( ?s ?l 311V . .... luapleaid'Iuuault) *M ialeal ,• U :As ?-Ajddnr,p aluoWdlnb311na4S :83MOUH09 '03NOISu30Nn 3Hl AB aains ONV MHOIS N338 SVH 31ON SIHI '31ON 3Hl 30 AdOO O313IdW00 V AO 1411303N S3903IMONNOV ONV 31ON 31-11 30 SWU31 314101 S33HOV H3MOHH08 'SNOISIAOild 31YU 193U31NI 3'IeVINVA 3141 LJNIOnIONI '310N SIHI d0 SNOISIAOUd.3H1 T1V (IOO1SU3ONn ONV OV3u H3MODU08'310N SIH1 ONINOIS Ol UOIHd '135NnOOTo'03l 1N30N3d30N1 A8 031N353Ud3H N338 SVH U3MOUH08 UO NOI1N31LV S.H3MOHHO9 Ol NOISIAO88 1NMOunf JO NOISS3dNO0 SIHl 03lWO AIIVOidtO3dS U30143-1.40 3ALLV1N383Ud31A V U3H113 1VHl 931VIS ONV '1N3WOOn' 3H1 AO NOI1n03X3 Ol LO3dS3H H.UM MY7 3I8VOIlddY H30Nn oaunnaw ONIH'd31-1 UO/ONY 30110N ANV 1d33X3 '1N3mmr d0 NOISsa;moo HOf1S MV H11M NOIJO3NN00 NI ONIUVSH V Ol UO 33110N Ol 3AVH AVW U3MOUH08 11-4911:1 ANV S3AIVM A03113H UHMODUOS '310N SIHl U3ONn 3n0 S1NnOWV IIY d0 Ilnd NI 1N3WAVd "iuNn 53WI1 llV 1V ONV 3WIl 013!411 WOUA 3nN11NOO ITMS 1n8 ')wuOH1nV 1VHl d0 3SIOUMQ ANV A8 031SnVHX3 38 ION TI MS U3MOHU00 1SNIY'JV 1N3nocnf S933NO3 Ol SION SIHI NI 031NVHEJ ALIUGH1m 3Hl '.LNVUuvM .LNatow=inS 3S I'IVHS 11AVUHAV AS 031dIH3A 310N "" -'^ "nom V++n RLON SIM'ONIOO OS UOA ONV !11I31YI03WWl 3nSSl AVW SNOLLn03X3 3uOW UO 3NO S1143WOOnf UO 1N3noonr PROMISSORY NOTE MODIFICATION AGREEMENT THIS PROMISSORY NOTE MODIFICATION AGREEMENT, made and entered into as of 11/26/2002, by and between COMMERCE BANK/ HARRISBURG, NATIONAL ASSOCIATION, a national banking association (hereinafter called "Bank"), having its principal place of business at 100 Senate Avenue, P. O. Box 8599, Camp Hill, Pennsylvania 17001-9966, and Shaull Equipment & Supply Co. (hereinafter called "Borrower"). WITNESSETH: WHEREAS, Borrower executed and delivered to Bank a Promissory Note (the "Note") dated February 13, 1998, which evidences a loan by the Bank to the Borrower in the principal amount of $1,000,000.00; and WHEREAS, the Bank and Borrower mutually agree to modify the terms of the Note to change the maturity date of the loan to be payable on demand, as hereinafter provided. NOW THEREFORE, for value received and in consideration of the mutual covenants and agreements hereinafter contained and intending to be legally bound hereby, Bank and Borrower covenant and agree to amend and modify the Note heretofore described as follows: 1. The Note and all Loan Documents related thereto shall be amended to provide effective 11/26/2002 the Maturity Date shall be amended to be payable on demand. 2. Except to the extent specifically set forth herein, all of the terms, conditions, covenants and agreements contained in the Note shall remain in full force and effect. Borrower hereby ratifies and affirms each and every term and condition, obligation, and covenant of Borrower under the Note in every respect and shall pay and discharge the indebtedness evidenced by the Note in accordance with its terms as modified herein. This modification shall not altar, diminish, or otherwise affect the lien of the Mortgage or the collateral therein described. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first above written. COMMERCE K/HAR BURG, N. A. t _ BY : i e President Geo e Jr. Vice eesident Shaull Equipment & Supply Co. By: (Vice) President_- ( V? ? ?l? COMMERCIAL GUARANTi Guarantor: Lester W. Ginanni 100 Market Street Lemoyne, PA 17043 AMOUNT OF GUARANTY, This 1s a guaranty of payment of 100.000% of the Note, including without limitation the principal Note amount of One Million tic 00/100 Dollars ($1,000,000.00). GUARANTY, for good and valuable consideration, Lester W. Glnannl ("Guarantor") absolutely and unconditionally guarantees and promises to pay to Commerce Bank/Harrisburg,. National Association ("Lender") or Its order, on demand, In legal tender of the United States of America, 100.000% of the Indebtedness (as that term Is defined below) of Shaul] Equipment and Supply Co. ("Borrower") to Lender on the terms and conditions set forth In this Guaranty. Guarantor agrees that Lender, in Its sole discretion, may determine which portion of Borrower's indebtedness to Lender Is covered by Guarantor's percentage guaranty. DEFINITIONS. The following words shall have the following meanings when used In this Guaranty: Borrower. The word "Borrower" means Shaull Equipment and Supply Co.. Guarantor. The word "Guarantor' means Lester W. Ginanni. Guaranty. The word "Guarant' means this Guaranty made by Guarantor for the benefit of Lender dated February 13, 1998. Indebtedness. The word "Indebtedness" means the Note, including (a) all principal, (b) SO Interest, (c) all late charges, (d) all loan fees and loan charges, and (e) all collection costs and expenses relating to the Note or to any collateral for the Note. Collection costs and expenses Include without limitation all of Lender's attorneys' tees and Lenders legal expenses, whether or not suit Is Instituted, and attorneys' fees and legal expenses for bankruptcy proceedings (Including efforts to modify or vacate any automatic stay or Injunction), appeals, and any anticipated post-judgment collection services. Lender. The word' Lender" means Commerce Bank/Harrisburg, National Association, its successors and assigns. Note. The word "Note" means the promissory note or credit agreement dated February 13, 1998, In the original principal amount of $1,000,000.00 from Borrower to Lender, together with all renewals of, extensions of, modifications of, refinancings of, consolidations of, and substitutions for the promissory note or agreement. Notice to Guarantor: The Note evidences a revolving line of credit from Lender to Borrower. Related Documents. The words "Related Documents" mean and Include without limitation all promissory notes, credit agreements, loan agreements, environmental agreements, guaranties, security agreements, mortgages, deeds of trust, and all other instruments, agreements and documents, whether now or hereafter existing, executed In connection with the Indebtedness. MAXIMUM LIABILITY. The maximum liability of Guarantor under this Guaranty shall not exceed at any one time 100.000% of the amount of the Indebtedness described above, plus all costs and expenses of (a) enforcement of this Guaranty and (b) collection and sale of any collateral securing this Guaranty. The above limitation on liability Is not a restriction on the amount of the Indebtedness of Borrower to Lender either In The aggregate or at any one time. if Lender presently holds one or more guaranties, or hereafter receives additional guaranties from Guarantor, the rights of Lender under all guaranties shall be cumulative.- This Guaranty shall not (unless specifically provided below to the contrary) affect or Invalidate any such other guaranties. The liability of Guarantor will be the aggregate liability of Guarantor under the terms of this Guaranty and any such other unterminated guaranties. NATURE OF GUARANTY. Guarantor Intends to guarantee at all times the performance and prompt payment when due, whether at maturity or earlier by reason of acceleration or otherwise, of all Indebtedness within the Omits set forth In the preceding section of this Guaranty. This Guaranty covers a revolving line of credit and guarantor understands and agrees that this guarantee shall be open and continuous until the line of credit Is terminated and the Indebtedness Is paid in full, as provided below. 02-13-1998 COMMERCIAL GUARANTY Page 2 Loan No 2757095 (Continued) Code; (f) to pursue any other remedy within Lender's power, or (g) to commit any act or omission of any kind, c, at any time, with respect to any matter whatsoever. -- If now or hereafter (a) Borrower shall be or become Insolvent, and (b) the Indebtedness shall not at all times until paid be fully secured by collateral pledged by Borrower, Guarantor hereby forever waives and relinquishes In favor of Lender and Borrower, and their respective successors, any claim or right to payment Guarantor may now have or hereafter have or acquire against Borrower, by subrogation or otherwise, so that at no time shall Guarantor be or become a "creditor" of Borrower within the meaning of 11 U.S.C. section 547(b), or any successor provision of the Federal bankruptcy laws. Guarantor also waives any and all rights or defenses adsing by reason of (a) any "one action" or "an"ehclency" law or any other law which may prevent Lender from bringing any action, including a claim for deficiency, against Guarantor, before or after Lender's commencement or completion of any foreclosure action, either judicially or by exercise of a power of sale; (b) any election of remedies by Lender which destroys or otherwise adversely affects Guarantor's subrogalion rights or Guarantor's rights to proceed against Borrower for reimbursement, Including without limitation, any loss of rights Guarantor may suffer by reason of any law limiting, qualifying, or discharging the Indebtedness; (c) any disability or other defense of Borrower, of any other guarantor, or of any other person, or by reason of the cassallon of Sorrowees liability from any cause whatsoever, other than payment In full in legal tender, of the Indebtedness; (d) any right to claim discharge of the Indebtedness on the basis of unjustified Impairment of any collateral for the Indebtedness; (e) any statute of limitations, If at any time any action or suit brought by Lender against Guarantor Is commenced there Is outstanding Borrower: Shauli Equipment and Supply Co. (TIN: Lender: Commerce Bank/Harrisburg, National Association 23-1264031) Main Ofllce/Commerctal Cost Center 100 Market Street P.O. Box 8599 Lemoyne, PA 17043 loo Senate Avenue .. 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spew sl enoge 4pol Ies sieAlvm 84110 Lions Iv4l sewBe pun sluwiem jolumn0 'SHBAIVM 01103dS3U H1IM UNIONtl1SH30N(1 SMO1NYHY110 -- 'gjoq jo 9oluwin0 e41 9emamg e4l Aq pepesse eq Am 148p jo puewep U1913 Lions i04ns4M 'IgBp jppwls io iuewdnoow 'puewep jepno3 'wlelwelunoo 'Holes 1o wlelo Aue jot AluwenE) si4l ,spun peelusivnB lunowe 941 of suollonpop Aue own Aus is wlelo jo passe of lou seeiBe pus seAlem jeypnl ioluwvng •Aiuwgn0 s1yl 10 luewowolue 1o esodmd 941 jot pludun pweplsuoo eq pegs sseupelgapul a4I'wolgep to lepw eyI ion mel m met Aolda)juvq. elels io Iwepel Aug Jepun uosied ivpwls Aug of io Aoldru lueq ul eelsnq s,jemouog of Iu9wAvd 4vLH io lunowe E41 Haw oI p9wO1 sl iepueq ielIMM41 Puy sseupelgepul e41 uo 'Aped pg4l Aug Aq m 'eslmleglo io AlpvlunjOA 1egle4m 9emoLog Aq spew sl IuewAad 11 •sseupelgepul e4110 eouewjoped pun IuewAad Ionian us41 iegjo Apnbe 03-i3-1998 COMMERCIAL GUARANTY Page 3 Loan No 2757095 (Continued) CONFESSION OF JUDGMENT. GUARANTOR HEREBY IRREVOCABLY AUTHORIZES AND EMPOWERS ANY ATTORNEY OR THE PROTHONOTARY OR CLERK OF ANY COURT IN THE COMMONWEALTH OF PENNSYLVANIA, OR ELSEWHERE, TO APPEAR AT ANY TIME FOR GUARANTOR AFTER A DEFAULT UNDER THIS GUARANTY, AND WITH OR WITHOUT COMPLAINT FILED, AS OF ANY TERM, CONFESS OR ENTER JUDGMENT AGAINST GUARANTOR FOR THE ENTIRE PRINCIPAL BALANCE OF THIS GUARANTY, ALL ACCRUED INTEREST, LATE CHARGES, AND ANY AND ALL AMOUNTS EXPENDED OR ADVANCED BY LENDER RELATING TO ANY COLLATERAL SECURING THE INDEBTEDNESS TOGETHER WITH INTEREST ON SUCH AMOUNTS, TOGETHER WITH COSTS OF SUIT, AND AN ATTORNEY'S COMMISSION OF TEN PERCENT (10%) OF THE UNPAID PRINCIPAL BALANCE AND ACCRUED INTEREST FOR COLLECTION, BUT IN ANY EVENT NOT LESS THAN FIVE HUNDRED DOLLARS ($500) ON WHICH JUDGMENT OR JUDGMENTS ONE OR MORE EXECUTIONS MAY ISSUE IMMEDIATELY, AND FOR SO DOING, THIS GUARANTY OR A COPY OF THIS GUARANTY VERIFIED BY AFFIDAVIT SHALL BE SUFFICIENT WARRANT. THE AUTHORITY GRANTED IN THIS GUARANTY TO CONFESS JUDGMENT AGAINST GUARANTOR SHALL NOT BE EXHAUSTED BY ANY EXERCISE OF TI4AT AUTHORITY, BUT SHALL CONTINUE FROM TIME TO TIME AND AT ALL TIMES UNTIL PAYMENT IN FULL OF ALL AMOUNTS DUE UNDER THIS GUARANTY. GUARANTOR HEREBY WAIVES ANY RIGHT GUARANTOR MAY HAVE TO NOTICE OR TO A HEARING IN CONNECTION WITH ANY SUCH CONFESSION OF JUDGMENT, EXCEPT ANY NOTICE AND/OR HEARING REQUIRED UNDER APPLICABLE LAW WITH RESPECT TO EXECUTION OF THE JUDGMENT, AND STATES THAT EITHER A REPRESENTATIVE OF LENDER SPECIFICALLY CALLED THIS CONFESSION OF JUDGMENT PROVISION TO GUARANTOR'S ATTENTION OR GUARANTOR HAS BEEN REPRESENTED BY INDEPENDENT LEGAL COUNSEL. EACH UNDERSIGNED GUARANTOR ACKNOWLEDGES HAVING READ ALL THE PROVISIONS OF THIS GUARANTY AND AGREES TO ITS TERMS. IN ADDITION, EACH GUARANTOR UNDERSTANDS THAT THIS GUARANTY IS EFFECTIVE UPON GUARANTOR'S EXECUTION AND DELIVERY OF THIS GUARANTY TO LENDER AND THAT THE GUARANTY WILL CONTINUE UNTIL TERMINATED IN THE MANNER SET FORTH IN THE SECTION TITLED "DURATION OF GUARANTY." NO FORMAL ACCEPTANCE BY LENDER IS NECESSARY TO MAKE THIS GUARANTY EFFECTIVE. THIS GUARANTY IS DATED FEBRUARY 13, 1998. THIS GUARANTY HAS BEEN SIGNED AND SEALED BY THE UNDERSIGNED. GUARANTO r / 6 -am 66 ?v.v. Lester . Inannl Signed, now edged nd IIV red In the presence of. X Wltne INDIVIDUAL ACKNOWLEDGMENT STATE OF Pe. tt 11 S r V A N 1 Q 1 )88 COUNTY OF U W?212 k (a N n 1 On this, undersigned Notary Public, personally appeared Lester W. Garmnn , known toame (or satisfactorily proven) to be the person whose name is subscribed ? day of to the within Instrument, and acknowledged that he or she executed the same for the purposes therein contained. In witness whereof, I hereunto set my hand and official seal. Notary Public in and for the Slate of FOR USE WITH GUARANTY CONTAINING CONFESSION OF JUDGMENT CLAUSE EXPLANATION OF RIGHTS-CONFESSION OF JUDGMENT 1. On the date hereof, I. Lester W. Ginanni residing at 100 Market Street. Lemoyne, Pennsylvania, {the "Guarantor") as Guarantor executed a Guaranty in favor of Commerce Bank/Harrisburg, N.A., its successors and assigns ("Commerce") guaranteeing the payment and performance of the obligations a defined therein. The obligations include loan proceeds issued or to be issued by Commerce to or for the benefit of Shaul[ Equipment and Sunoly Co., 100 Market Street, Lemoyne, Pennsylvania. (the "Borrower"). Guarantor is the president of the Borrower. Guarantor desires to induce commerce to close the loan to Borrower. Guarantor understands clearly and specifically that by signing the guaranty, which contains a Confession of Judgment Clause: (a) Guarantor authorizes Commerce to enter a Judgment against Guarantor and in Commerce's favor which will give Commerce a lien upon any real estate which the Guarantor may own; (b) Guarantor gives up the right to any notice or opportunity to be heard prior to the entry of such Judgment on the records of the court; (c) Guarantor agrees that Commerce can enter the Judgment after default as defined in the Guaranty or in any other Loan Document as defined therein (the "Loan Document") executed by borrower simultaneously herewith; (d) Guarantor subjects Guarantor's property, real, personal and mixed, to execution and sheriff's sale, pursuant to the Judgment, prior to proof of non- payment or other default on Guarantor's part; (e) Guarantor will be unable to challenge the Judgment, should Commerce enter it except by proceeding to seek relief from or to open or to strike the Judgment, and such a proceeding will result in attorneys' fees and costs which the Guarantor will have to pay; (f) Guarantor gives up the right to require Commerce to present a sworn document setting forth in non-conclusory terms the basis for its claim before obtaining a writ of garnishment or a writ of attachment or a writ of execution; (g) Guarantor agrees that the writ of garnishment or writ of attachment or writ of execution may be issued without notice and without the necessity of a review and approval by an official vested with requisite discretion; and PAGE 2 up waive, relinquish and abandon its known rights as described in paragraph 2 above), and subject himself or herself to the circumstances described in paragraph 1 above. 4. Guarantor acknowledges that (a) the Guaranty and this instrument have been executed in a commercial transaction for business purposes; (b) at all times material hereto Guarantor was represented by counsel in connection with the execution of the Guaranty and every other Loan Document, and in particular the Guaranty and this instrument; and (c) Guarantor reviewed the Guaranty and this instrument with Guarantor's attorney before signing them. 5. Whenever the context of this instrument requires, all terms used in the singular will be construed in the plural and vi versa and Aarh apndar will inrludA Aanh nth-, .,<...re. UO1NvuvnO 'AM314 ONn08 A17V M 38 01 SON31N1 ONV SIN31NOO S11 SONV1S83UNn Allnd UO1NVUVnJ 'WHOj 3MI1N3 SIH10V3U SVH HOlNvuvnJ '8661 ien,igaj }o lep glE6 sigl poled .r DISCLOE tE FOR CONFESSION OF . 3GMENT Guarantor: Lester W. Ginannl 100 Market Street Lemoyne, PA 17043 DISCLOSURE FOR CONFESSION OF JUDGMENT 1 AM EXECUTING, THIS 1 3 DAY OF /-e br- 11 GI 2 l7 , 19 161, A GUARANTY OF A PROMISSORY NOTE FOR $1,000,000.00 OBLIGATING ME TO REPAY THAT AMOUNT. A. 1 UNDERSTAND THAT THE GUARANTY CONTAINS A CONFESSION OF JUDGMENT PROVISION THAT WOULD PERMIT LENDER TO ENTER JUDGMENT AGAINST ME IN COURT, AFTER A DEFAULT ON THE GUARANTY, WITHOUT ADVANCE NOTICE TO ME AND WITHOUT OFFERING ME AN OPPORTUNITY TO DEFEND AGAINST THE ENTRY OF JUDGMENT. IN EXECUTING THE GUARANTY, BEING FULLY AWARE OF MY RIGHTS TO ADVANCE NOTICE AND TO A HEARING TO CONTEST THE VALIDITY OF ANY JUDGMENT OR OTHER CLAIMS THAT LENDER MAY ASSERT AGAINST ME UNDER THE GUARANTY, I AM KNOWINGLY, INTELLIGENTLY, AND VOLUNTARILY WAIVING THESE RIGHTS, INCLUDING ANY RIGHT TO ADVANCE NOTICE OF THE ENTRY OF JUDGMENT, AND I EXPRESSLY AGREE AND CONSENT TO LENDER'S ENTER] GJ .9 T AGAINST ME BY CONFESSION AS PROVIDED FOR IN THE CONFESSION OF JUDGMENT PROVISION. INITIAL B. I FURTHER UNDERSTAND THAT IN ADDITION TO GIVING LENDER THE RIGHT TO ENTER JUDGMENT AGAINST ME WITHOUT ADVANCE NOTICE OR A HEARING, THE CONFESSION OF JUDGMENT PROVISION IN THE GUARANTY ALSO CONTAINS LANGUAGE THAT WOULD PERMIT. LENDER, AFTER ENTRY OF JUDGMENT, TO EXECUTE ON THE JUDGMENT BY FORECLOSING UPON, ATTACHING, LEVYING ON, TAKING POSSESSION OF OR OTHERWISE SEIZING MY PROPERTY, IN FULL OR PARTIAL PAYMENT OF THE JUDGMENT. HOWEVER, LENDER. MUST PROVIDE NOTICE TO ME UNDER APPLICABLE LAW IN EXECUTING ANY CONFESSED JUDGMENT. IN EXECUTING THE GUARANTY, BEING FULLY AWARE OF MY RIGHTS TO ADVANCE NOTICE AND A HEARING AFTER JUDGMENT IS ENTERED AND BEFORE EXECUTION ON THE JUDGMENT, I A ;KNOWINGLY, INTELLIGENTLY AND VOLUNTARILY WAIVING THESE RIGHTS, AND I EXPRESSLY AGREE AND CONSENT TO EXECUTING ON THE JUDGMENT, IN ANY MANNER PERMITTED BY APPLICABLE STATE AND FEDERAL LAW. INITIAI,$ C. AFTER HAVING READ AND DETERMINED WHICH OF THE FOLLOWING STATEMENTS ARE APPLICABLE, AND BY PLACING MY INITIALS NEXT TO EACH STATEMENT WHICH APPLIES, I REPRESENT THAT: INITIALS 1., I, WAS REPRESENTED BY MY OWN INDEPENDENT LEGAL COUNSEL IN CONNECTION WITH THE GUARANTY. 2. A REPRESENTATIVE OF LENDER SPECIFICALLY CALLED THE CONFESSION OF JUDGMENT PROVISION IN THE GUARANTY TO MY ATTENTION. BorrOWer: Shaull Equipment and Supply Co. (TIN: Lender: Commerce Bank/Harrisburg, National Association 23-1264031) Main Ot]Ice/Commerclal Cost Center 100 Markel Skeet P.O. BOX 8599 Lemoyne, PA 17043 100 Senate Avenue Camp Hill, PA 17001-8599 ? r N v\ 3 ti n. 7 r a l.i r? r -rt ?T Y ? ITS COMMERCE BANK/HARRISBURG, N.A. Plaintiff V. LESTER W. GINANNI, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. ' -- 011 C < < NOTICE OF ENTRY OF JUDGMENT TO: Lester W. Ginanni 1513 High Meadows Lane Mechanicsburg, PA 17055-6769 You are hereby notified pursuant to Rule 236 of the Pennsylvania Rules of Civil Procedure that judgment has been entered against you in the amount of $1,009,011.10, itemized as follows: 1. Principal - $998,691.19 2. Interest accrued through January 26, 2006 - 8,302.77 3. Late fees - 732.14 4. Attorneys' fees and expenses through January 26, 2006 - 1,285.00 Total $1,009,011.10, plus interest accruing at the default rate provided in the Note after January 26, 2006, all attorneys' fees and expenses incurred after January 26, 2006 and all costs of this action. `??"±' ; ayz ate Prothonotary of Cumberl d County 441883v1 ?? :: C.. > .. ? . ?i , -` _-i T i 1 . LJ , ' -? ` , N ?,'. _.. - `i% P_-'. - A: COMMERCE BANK/HARRISBURG, N.A. Plaintiff V. LESTER W. GINANNI, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. a(.bL (a6? C? v CERTIFICATE OF BUSINESS AND RESIDENCE ADDRESSES I hereby certify that the business address of the Plaintiff and the residence address of Defendant are as follows: Commerce Bank/Harrisburg, N.A. 100 Senate Avenue Camp Hill, PA 17001-8599 Lester W. Ginanni 1513 High Meadows Lane Mechanicsburg, PA 17055-0ft C-t DATE: January 30, 2006 Lloyd . Pers6n, Esquire Supre, e Court I.D. No. 10139 Mette, Evans & Woodside 3401 North Front Street P.O. Box 5950 Harrisburg, PA 17110-0950 (717) 232-5000 Attorneys for Plaintiff 441885v1 c7 21 -il P.l COMMERCE BANK/HARRISBURG, N.A., IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. DOCKET NO. _ LESTER W. GINANNI,) Defendant , NOTICE UNDER PENNSYLVANIA RULE OF CIVIL 1 .n PROCEDURE 2958.1 OF JUDGMENT AND EXECUTION THEREON is r rJ , rr`; NOTICE OF DEFENDANT'S RIGHTS To: Lester W. Ginanni, Defendant A judgment in the amount of $1,009,011.10, plus interest accruing after January 26, 2006, attorneys' fees and expenses after January 26, 2006 and all costs of this action has been entered against you and in favor of the plaintiff without any prior notice or hearing based on a confession of judgment contained in a written agreement or other paper allegedly prepared and signed by you. The sheriff may take your money or other property to pay the judgment at any time after thirty (30) days after the date on which this notice is served on you. You may have legal rights to defeat the judgment or to prevent your money or property from being taken. YOU MUST FILE A PETITION SEEKING RELIEF FROM THE JUDGMENT AND PRESENT IT TO A JUDGE WITHIN THIRTY (30) DAYS AFTER THE DATE ON WHICH THIS NOTICE IS SERVED ON YOU OR YOU MAY LOSE YOUR RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, 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 Lloyd R. Persun, Esquire Sup. Ct. I.D. No. 10139 METTE, EVANS & WOODSIDE 3401 N. Front Street P. O. Box 5950 Harrisburg, PA 17110-0950 (Phone) 717-232-5000 Attorneys for Plaintiff February 2, 2006 442339v1 SHERIFF'S RETURN - REGULAR CASE NO: 2006-00680 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND COMMERCE BANK/HARRISBURG NA VS GINANNI LESTER TIMOTHY REI , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within NOTICE UNDER PA RULE OF was served upon I LESTER W DEFENDANT the , at 1820:00 HOURS, on the 13th day of February , 2006 at 1513 HIGH MEADOWS LANE MECHANICSBURG, PA 17055 LILLIAM W GIANNI, WIFE by handing to a true and attested copy of NOTICE UNDER PA RULE OF together with CIVIL PROCEDURE 2958.1 OF JUDGMENT & EXECUTION THEREON and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 9.68 Postage .39 Surcharge 10.00 .00 38.07 Sworn and 1Subscribed to before me this ilk day of f 6f(xolr µ?GOiy A . D . Pro otary So Answers: R. Thomas Kline 02/14/2006 METTE EVANS WOODSIDE By : z )Deputy ?neriff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION: LAW COMMERCE BANKMARRISBURG, No. 2006 Civil 680 N.A., Plaintiff vs. LESTER W. GINANNI, Defendant PRAECIPE FOR WRIT OF EXECUTION UPON A CONFESSED JUDGMENT To the Prothonotary of Cumberland County, Pennsylvania: Issue a writ of execution upon a judgment entered by confession in the above matter. (1) Directed to the Sheriff of Cumberland County, Pennsylvania; (2) Against, Defendant, LESTER W. GINANNI; and (3) Against LESTER W. GINANNI, JR., LILLIAN R. GINANNI and L & L PARTNERS, LTD. Garnishees; (4) and index this writ (a) Against, LESTER W. GINANNI, Defendant; and (b) Against L & L PARTNERS, LTD, as Garnishee, as a lis pendens (5) Execute, levy upon and attach: 1. The partnership interest of DEFENDANT, LESTER W. GINANNI, in the Garnishee, L & L PARTNERS, LTD; 2. All right, title and interest in any funds belonging to and/or owned by the DEFENDANT, LESTER W. GINANNI, in the possession of the Garnishee, LESTER W. GINANNI, JR.; 6. 3. All right, title and interest in any tangible and/or intangible personal property belonging to and/or owned by DEFENDANT, LESTER W. GINANNI, in the possession of the Garnishee, LESTER W. GINANNI, JR.; 4. All right, title and interest in any funds belonging to and/or owned by DEFENDANT, LESTER W. GINANNI, in the possession of the Garnishee, LILLIAN R. GINANNE and 5. All right, title and interest in any tangible and/or intangible personal property belonging to and/or owned by DEFENDANT, LESTER W. GINANNI, in the possession of the Garnishee, LESTER W. GINANNI, (6) Amount Due Interest to 2006 Attorneys' Fees Total $1,009,011.10 $1,009,011.10 (Costs to be added) Certification 1 certify that: (a) This praecipe is based upon a judgment entered by confession, and (b) Notice will be served pursuant to Rule Notice will be served with the writ of execution pursuant to Rule 2958.3 of the Pennsylvania Rules of Civil Procedure. March 20, 2006 7akk+. Ream, Esquire 119 East Market Street York, PA 17401 Telephone: 1-717-843-8968 Fax (717) 846-6676 E-mail: JckReam@aol.com Attorney I.D. No. 10241 Attorney for Plaintiff Commerce Bank/ Harrisburg, N.A. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION: LAW COMMERCE BANK/HARRISBURG, No. 2006 Civil 680 N.A., Plaintiff vs. LESTER W. GINANNI, Defendant PLAINTIFF'S AFFIDAVIT/AVERMENT CONFESSION OF JUDGMENT FOR MONEY (X) Pursuant to Pa.R.C.P. No. 2951(a) (2) (ii), I certify that this judgment is not being entered by confession against a natural person in connection with a consumer credit transaction (a) A consumer credit transaction means a credit transaction in which the party to whom credit is offered or extended is a natural person and the money, property or services which are the subject of the transaction are primarily for personal, family or household purposes. CONFESSION OF JUDGMENT FOR POSSESSION OF REAL PROPERTY ( ) Pursuant to Pa. R.C.P. No. 2971(a) (1), 1 certify that this judgment is not being entered against a natural person in connection with a residential lease. The above certification is made subject to the penalties of 18 Pa.C.S. 4904 relating to unsworn falsification to authorities. March 20, 2006 Jack F. RtTm, Esquire 119 East Market Street York, PA 17401 Telephone: 1-717-943-8968 Fax(717)846-6676 E-mail: JckReam a)aol.com Attorney I.D. No. 10241 Attorney for Plaintiff Commerce Bank/Harrisburg, N.A. J J o G-/1 S. G ^J d C? l7 C N C? c+ N CD Cn U7 n ?SI r. u? C:J? ri n IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION: LAW COMMERCE BANK/HARRISBURG, No. 2006 Civil 680 N.A., Plaintiff vs. LESTER W. GINANNI, Defendant To: Mr. Lester W. Ginanni, Jr. Shaull Equipment and Supply Company 100 West Market Street P.O. Box 612 Lemoyne, PA 17403 To: LILLIAN R. GINANNI 1513 HIGH MEADOWS LANE MECHANICSBURG, PA 17055-6769 To: L & L PARTNERS, LTD LILLIAN R. GINANNI 1513 HIGH MEADOWS LANE MECHANICSBURG, PA 17055 1. At the time you were served or at any subsequent time did you or do you owe the Defendant, LESTER W. GINANNI, any money or were you liable to the Defendant, LESTER W. GINANNI, on any negotiable or other written instrument, or did the Defendant, LESTER W. GINANNI, claim that you owed the Defendant, LESTER W. GINANNI, any money or were liable to the Defendant, LESTER W. GINANNI, for any reason? WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) N006-680 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due COMMERCE BANKMARRISBURG N.A. Plaintiff (s) From LESTER W. GINANNI, 1513 HIGH MEADOWS LANE, MECHANICSBURG PA 17055 (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 LESTER W. GINANNI, JR., C/O SHAULL EQT. & SUPPLY COL, 100 W. ARKET ST., P O BOX 612, LEMOYNE PA 17043: LILLIAN R. GINANNI AND L & L PARTNERS, LTD C/O LILLIAM R. GINANNI, 1513 HIGH MEADOWS LANE, MECHANICSBURG PA 17055 GARNISHEE(S) as follows: EXECUTE, LEVY UPON AMD ATTACH THE PARTNERSHIP INTEREST OF DEFT INTHE GARNISHEE L&L PARTNERS, LTD: ALL RIGHT, TITLE AND INIEREST IN ANY FUNDS BELONGING TO AND/OR OWNED BY DEFT IN POSSESSION OF GARNISHEE LESTER W. GINANNI, JR : ALL RIGHT, TITLE AND INTEREST IN ANY TANGIBLE AND OR INTANGIBLE PERSONAL PROPERTY BELONGING TO AND OR OWNED BY DEFT IN POSSESSION OF LESTER W GINANNI, JR, LILLIAN R. GINANNI AND LESTER W GINANNI. 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. AmountDue $1,009,011.10 Interest Atty's Comm % Arty Paid $75.57 Plaintiff Paid Date: MARCH 20, 2006 (Seal) L.L. $.50 Due Prothy $1.00 Other Costs d 1 URTIS NG Prothonotary By: Deputy REQUESTING PARTY: Name JACK F. REAM, ESQ. Address: 119 E. MARKET ST. YORK PA 17401 Attorney for: PLAINTIFF Telephone: (717) 843-8968 Supreme Court ID No. 10241 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION: LAW COMMERCE BANK/HARRISBURG, No. 2006 Civil 680 N.A., Plaintiff vs. LESTER W. GINANNI, Defendant PETITION FOR CHARGING LIEN AGAINST THE GENERAL PARTNERSHIP INTEREST OF DEFENDANT-RESPONDENT, LESTER W. GINANNI, IN L & L PARTNERS, LTD PURSUANT TO RULE 3118 OF THE PENNSYLVANIA RULES OF CIVIL PROCEDURE AND PURSUANT TO 15 Pa.C.S. 8565,15 Pa.C.S. 8545 AND 15 PA.C.S 8924 ("PETITION") 1.00 PARTIES 1. The PETITIONER is COMMERCE BANK/HARRISBURG, N.A., a national banking association, organized and existing under the laws of the United States of America, having a principal place of business at 3801 Paxton Street, City of Harrisburg, Commonwealth of Pennsylvania 17111 and hereinafter sometimes referred to as "Bank" and/or "Petitioner". 2. The RESPONDENT is LESTER W. GINANNI, an adult male individual, residing at 1513 High Meadows Lane, Mechanicsburg, County of Cumberland, Commonwealth of Pennsylvania 17055-6769, and hereinafter sometimes referred to as "Respondent". 3. The GARNISHEE is L & L PARTNERS, LTD, a limited partnership organized and existing under the laws of the Commonwealth of Pennsylvania with its principal place of business and registered office at 100 Market Street, Lemoyne, Cumberland County, Pennsylvania 17403. 2.00 PROCEDURAL AND STATUTORY BASIS FOR PETITION FOR CHARGING LIEN AGAINST THE GENERAL PARTNERSHIP INTEREST OF RESPONDENT-DEFENDANT, LESTER W. GINANNI, IN 1. & L PARTNERS, LTD PURSUANT TO RULE 3118 OF THE PENNSYLVANIA RULES OF CIVIL PROCEDURE AND PURSUANT TO 15 Pa.C.S. 8565. Pa.C.S. 8545 AND 15 Pa.C.S 8924 4. This Petition is filed pursuant to Rule 3118 "Supplement Relief in Aid of Execution" of the Pennsylvania Rules of Civil Procedure. The statutory basis for this Petition is: 5.1 15 Pa. C.S. 8545 "Interest of partner subject to charging order" [regarding general partnerships]; and companies]. 5.2 15 Pa.C.S. 8565 "Rights of creditor" [regarding limited partnerships]; 5.3 15 Pa. C.S. 8924 "Rights of creditor" [regarding limited liability 5.00 HISTORY OF ABOVE CAPTIONED MATTER 6. On February 2, 2006, Bank confessed judgment in favor of Bank, as plaintiff, and against Lester W. Ginanni as defendant, to the above captioned number and term for the following amounts: 6.1. Principal $1,009,011.10 6.2 Interest to 1/26/2006 $ 8,302.77 6.3 Late Charges $ 732.14 6.4 Legal Fees $ 1,285.00 6.5 Total $1,009,011.11 7. On March 20, 2006, Bank filed a "Praecipe for a Writ of Execution" in the Office of the Prothonotary of Cumberland County, Pennsylvania against Respondent as defendant, naming L & L Partners, LTD as garnishee hereof. 8. A Writ of Execution was been issued by the Prothonotary of Cumberland County, Pennsylvania directed to the Sheriff of Cumberland County, Pennsylvania naming L & L Partners, LTD, as garnishee, directing L & L Partners, LTD, as garnishee, to pay all sums due Respondent to Petitioner. 9. The Sheriff of Cumberland County, Pennsylvania served the Writ of Execution naming L & L Partners, LTD, as garnishee, on Lillian Ginanni, a general partner of L & L Partners, LTD on March 28, 2006. 6.00 OWNERSHIP INTEREST OF RESPONDENT 10. Respondent is a general partner and owns a general partnership interest in L & L Partners, LTD. WHEREFORE, YOUR PETITIONER, COMMERCE BANK/HARRISBURG, N.A. prays Your Honorable Court for the following relief: 1. To issue a Rule to Show Cause upon the Respondent, Lester W. Ginanni, Jr, to show cause why a charging lien should not imposed upon the partnership and ownership interest of Respondent, Lester W. Ginanni, Jr. in L & L Partners, LTD and ordering and requiring L & L Partners, LTD to make any distributions now due or to become due in the future to the Respondent, Lester W. Ginanni, from L & L Partners directly to the PETITIONER, COMMERCE BANK/HARRISBURG, NA. 2. Such further relief as this Court deems appropriate. DATE: MAY 3, 2006 KAIN, BROWN & ROBERTS LLP By 'Jnck'r-&Eam, Esquire 119 E. Market Street York, PA 17401 "Telephone: 1-717-843-8968 Fax: 1-717-846-6676 E-mail: JckReam(?aol.com Attorney I.D. No. 10241 Attorney for Plaintiff-Petitioner Commerce Bank/Harrisburg, N.A. COMMONWEALTH OF PENNSYLVANIA ?J)G-thin SS: COUNTY OF Before me, a Notary Public, in and for the said County and State, personally appeared Angela Masser, who, being duly sworn according to law, doth depose and say that she is the Vice President and Asset Quality Manager of Commerce Bank/Harrisburg, N.A., a national banking association organized and existing under the laws of the United States of America and that as such officer is authorized to make this Affidavit on behalf of Commerce Bank/ Harrisburg, N.A., and that the facts set forth in the foregoing document are true and correct to the best of her knowledge, information and belief. COMMERCE BANK/HARRISBURG, N.A. (SEAL) a Masser Sworn and Subscribed to before me this ko day of M-" , 2006. lic Notarial Seal aga H. Knaub, Notary Puhlic Gty 0 Harrisburg, Dauphin County My Cornmission Expires Oct 23, 2006 Member, PwmyNanla Association Ut Notaries IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION: LAW COMMERCE BANK/HARRISBURG, No. 2006 Civil 680 N.A., Plaintiff vs. LESTER W. GINANNI, Defendant CERTIFICATE OF SERVICE OF: Notice of Praecipe to Enter Judgment by Default Pursuant to Pa. R.C.P. 237.1 I, Jack F. Ream, Esquire, attorney of record for the Plaintiff, COMMERCE BANK/HARRISBURG, N.A., in the above captioned matter, hereby certify that on May 3, 2006, 1 caused copy of the "Notice of Praecipe to Enter Judgment by Default" to be served upon the following parties by United States Mail, regular mail and certified mail, return receipt requested, postage prepaid by depositing the "Notice of Praecipe to Enter Judgment by Default" in the United States Post Office in York, Pennsylvania addressed to the following party at the following address: L & L PARTNERS, LTD C/O LILLIAN R. GINANNI-GENERAL PARTNER 1513 HIGH MEADOWS LANE MECHANICSBURG, PA 17055-6769 CERTIFIED MAIL #7005 1820 0003 1452 3759 Dated: May 3, 2006 daeK Keam, squire Kain, Brown & Roberts LLP 119 East Market Street York, PA 17401 Attorney I.D. #10241 Telephone: (717) 843-8968 Fax: (717) 846-6676 e-mail: JcKReam@aol.com Attorney for Plaintiff, Commerce Bank/Harrisburg, N.A. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION: LAW COMMERCE BANK/HARRISBURG, No. 2006 Civil 680 N.A., Plaintiff vs. LESTER W. GINANNI, Defendant Notice of Praecipe to Enter Judgment by Default Pursuant to Pa. R.C.P. 237.1 TO: L & L PARTNERS, LTD C/O LILLIAN R. GINANNI-GENERAL PARTNER 1513 HIGH MEADOWS LANE MECHANICSBURG, PA 17055-6769 DATED: May 3, 2006 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO TAKE ACTION REQUIRED OF YOU IN THIS CASE. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA. 17013 PHONE 1-717-299-3166 KAIN, BROWN & ROBERTS LLP B: < . Ream squire 119 East Mark t Street EXHIBIT "A" to Certificate of Service York, PA 17401 Attorney I.D. #10241 Telephone: (717) 843-8968 Fax: (717) 846-6676 e-mail: JcKReam@aol.com Attorney for Plaintiff, Commerce Bank/Harrisburg, N.A. * I hereby certify that this Notice was mailed to the Defendants on the 3rd day of May, 2006. (One copy to be filed with the Prothonotary of York County) .-J (" 7 f. _'? S (. ^. 1, ?l? ;? 1 -'? IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION: LAW COMMERCE BANK/HARRISBURG, No. 2006 Civil 680 N,A., Plaintiff vs. LESTER W. GINANNI, Defendant Notice of Praeciae to Enter Judgment by Default Pursuant to Pa. R.C.P. 237.1 TO: L & L PARTNERS, LTD CIO LILLIAN R. GINANNI-GENERAL PARTNER 1513 HIGH MEADOWS LANE MECHANICSBURG, PA 17055-6769 DATED: May 3, 2006 YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO TAKE ACTION REQUIRED OF YOU IN THIS CASE. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA. 17013 PHONE 1-717-299-3166 KAIN, BROWN & ROBERTS LLP By earn, squire 119 East Market Street I York, PA 17401 Attorney I.D. #10241 Telephone: (717) 843-8968 Fax: (717) 846-6676 e-mail: JcKReam@aol.com Attorney for Plaintiff, Commerce Bank/Harrisburg, N.A. I hereby certify that this Notice was mailed to the Defendants on the 3rd day of May, 2006. (One copy to be filed with the Prothonotary of York County) C7 - ? ^ .._? 'f" I' ? _ -? it ?ti { ? ?? ? - . - ? Q::i COMMERCE BANK/HARRISBURG, IN THE COURT OF COMMON PLEAS OF N.A., CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff/Petitioner V. 06-0680CIVIL LESTER W. GINANNI Defendant/Respondent ORDER OF COURT AND NOW, this 10th day of May, 2006, upon consideration of the Petition for Charging Lien Against the General Partnership Interest of Defendant/Respondent, in L & L Partners, LTD, IT IS HEREBY ORDERED AND DIRECTED that: 1. A rule is issued upon the defendant to show cause why the plaintiff is not entitled to the relief requested; 2. The defendant will file an answer to this petition on or before May 30, 2006; 3. A copy of said answer will be filed with this Court; 4. The petition shall be decided under Pa.R.C.P. No. 206.7; 5. If no answer to the Rule to Show cause is filed by the required date, the relief request by Plaintiff shall be granted. ck F. Ream, Esquire Attorney for Plaintiff/Petitioner v,lf'e"ster Ginanni Defendant/Respondent J X& L Partners, LTD bas By the Court, M. L. Ebert, Jr., J. VINVAIASNNIJ o :9 WV 1 I Ow 9002 A ; Q, iv ?' d ?HI J0 30 U??CMIJ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION: LAW COMMERCE BANK/HARRISBURG, No. 2006 Civil 680 N.A., Plaintiff vs. LESTER W. GINANNI, Defendant and L & L PARTNERS, LTD, Garnishee PRAECIPE TO ENTER JUDGMENT AGAINST L & L PARTNERS, LTD, GARNISHEE IN THE ABOVE CAPTIONED MATTER, PURSUANT TO RULE 3146 OF PENNSYLVANIA RULES OF CIVIL PROCEDURE To the Prothonotary of Cumberland County, Pennsylvania: Pursuant to Rule 3146 of Pennsylvania Rules of Civil Procedure ENTER JUDGMENT in the above captioned matter in favor of PLAINTIFF, COMMERCE BANK/HARRISBURG, N.A., and against GARNISHEE, L & L PARTNERS, LTD, for failure of GARNISHEE, L & L PARTNERS, LTD, to enter an appearance and/or to file answers to the Interrogatories served upon GARNISHEE, L & L PARTNERS, LTD, with the amount of the Judgment being UNLIQUIDATED. Certification I certify that that I caused to be served upon GARNISHEE, L & L PARTNERS, LTD, a NOTICE OF INTENTION TO ENTER JUDGMENT BY DEFAULT PURSUANT TO RULE 237 OF PENNSYLVANIA RULES OF CIVIL PROCEDURE more than ten (10) days prior to the date this Praecipe for Judgment was filed. Dated: May 17, 2005 Jack F. Ream, Esquire Kain, Brown & Roberts LLP 119 East Market Street York, PA 17401 Attorney I.D. #10241 Telephone: (717) 843-8968 Fax: (717) 846-6676 e-mail: JcKReam@aol.com Attorney for Plaintiff Commerce Bank/Harrisburg, N.A. nrc: ? -c a O c, L7r" IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION: LAW COMMERCE BANK/HARRISBURG, No. 2006 Civil 680 N.A., Plaintiff vs. LESTER W. GINANNI, Defendant and L & L PARTNERS, LTD, Garnishee CERTIFICATE OF LAST KNOWN ADDRESS I, Jack F. Ream, Esquire, attorney of record for the Plaintiff, Commerce Bank/Harrisburg, N.A., hereby certify that: Name and Address of Plaintiff Commerce Bank/Harrisburg, N.A. 100 Senate Avenue P.O. Box 8599 Camp Hill, PA 17001-8599 Name and Last Known Addresses of Garnishee L & L PARTNERS, LTD C/0 LILLIAN R. GINANNI, GENERAL PARTNER 1513 HIGH MEADOWS LANE MECHANICSBURG, PA 17055 Dated: May 17, 2005 Jack F. Ream, Esquire Kain, Brown & Roberts LLP 119 East Market Street York, PA 17401 Attorney I.D. #10241 Telephone: (717) 843-8968 Fax: (717) 846-6676 e-mail: JcKReam@aol.com Attorney for Plaintiff Commerce Bank/Harrisburg, N.A. N P p "n n C+ ? ? ? T ? ? ? n,; s :. . . ? d i ? : r1 L- "5_ -n Sii -' ^:J ?,,??-? J T> C_ r r ? ? ,. M? ? IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION: LAW COMMERCE BANK/HARRISBURG, No. 2006 Civil 680 N.A., Plaintiff vs. LESTER W. GINANNI, Defendant and L & L PARTNERS, LTD, Garnishee NOTICE OF ENTRY OF JUDGMENT TO: L & L PARTNERS, LTD-GARNISHEE c/o LILLIAN R. GINANNI, GENERAL PARTNER 1513 HIGH MEADOWS LANE MECHANICSBURG, PA 17055 DATE: MAY 17, 2006 (X) NOTICE IS HEREBY GIVEN THAT A JUDGMENT IN THE ABOVE CAPTIONED MATTER HAS BEEN ENTERED AGAINST YOU ON MAY 17, 2006 PURSUANT TO Rule 3146 OF THE PENNSYLVANIA RULES OF CIVIL PROCEDURE FOR AN UNLIQUIDATED AMOUNT. Pr onot Cu berland County Civil Division By: If you have any questions regarding this Notice, please contact the attorney for the filing party being the Plaintiff, COMMERCE BANK/HARRISBURG, N.A.: Jack F. Ream, Esquire 119 East Market Street York, PA 17401 I.D. 10241 Phone 1-717-843-8968 Fax 1-717-846-6676 E-mail JckReam @aol.com Attorney for Plaintiff Commerce Bank/Harrisburg, N.A. (This Notice is given in accordance with Pa. R.C.P. 236) NOTICE SENT TO: L & L PARTNERS, LTD-GARNISHEE C/O LILLIAN R. GINANNI, GENERAL PARTNER 1513 HIGH MEADOWS LANE MECHANICSBURG, PA 17055 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION: LAW COMMERCE BANK/HARRISBURG, No. 2006 Civil 680 N.A., Plaintiff-Petitioner vs. LESTER W. GINANNI, Defendant-Respondent and L & L PARTNERS, LTD., Garnishee PETITION TO MAKE RULE ABSOLUTE 1. The PETITIONER, is COMMERCE BANK/HARRISBURG, N.A., a national banking association organized and existing under the laws of the United States of America, having a principal place of business at 3801 Paxton Street, City of Harrisburg, Dauphin County, Commonwealth of Pennsylvania 17111, and hereinafter sometimes referred to as "BANK" and/or "PETITIONER". 2. The RESPONDENT is LESTER W. GINANNI, an adult male individual, residing at 1513 High Meadows Lane, Mechanicsburg, Cumberland County, Commonwealth of Pennsylvania 17055-6769, and hereinafter sometimes referred to as "RESPONDENT". 3. The GARNISHEE IS L & L PARTNERS, LTD., a limited partnership organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal place of business and registered office at 100 Market Street, Lemoyne, Cumberland County, Commonwealth of Pennsylvania 17403. However, the current mailing address of the GARNISHEE is 1513 High Meadows Lane, Mechanicsburg, Cumberland County, Commonwealth of Pennsylvania 17055-6769. 4. On May 11, 2006, the Court of Common Pleas of Cumberland County, Pennsylvania issued a "Rule" both upon the Respondent and the Garnishee to show cause why a charging lien should not be entered and placed on the partnership interests of the RESPONDENT, LESTER W. GINANNI, in favor of the PETITIONER, COMMERCE BANK/HARRISBURG, N.A. 5. The "Rule Returnable" required that the RESPONDENT and the GARNISHEE file an Answer to the Petition for a Charging Lien by May 31, 2006. 6. A copy of the Petition for a Charging Lien and the Order of May 11, 2006 were served upon the RESPONDENT. John W. Purcell, Sr., Esquire, attorney for the RESPONDENT, accepted service on behalf of LESTER W. GINANNI of the Petition for Charging Lien and the Order of May 11, 2006. WHEREFORE, your PETITIONER, COMMERCE BANK/HARRISBURG, N.A., requests Your Honorable Court to enter an Order which: A. Makes the "Rule Returnable" on May 31, 2006 as absolute; and B. Imposes a "Charging Lien" in favor of COMMERCE BANK/HARRISBURG, N.A. in the general partnership interest of LESTER W. GINANNI in L & L PARTNERS, LTD. Dated; June 2, 2006 KAIN, BROWN & ROBERTS LLP e ,Esquire Attorney I.D. #10241 119 East Market Street York, PA 17401 Telephone: 717-843-8968 Fax: 717-846-6676 E-Mail: jckream@aol.com Attorney for Plaintiff-Petitioner Commerce Bank/Harrisburg, N.A. r.a n GG°? L.J X17 f.a: ti.) tit'1 ti 4 SHERIFF'S RETURN - GARNISHEE CASE NO: 2006-00680 P COMMONWEALTH OF PENNSLYVANIA COUNTY OF CUMBERLAND COMMERCE BANK/HARRISBURG NA VS GINANNI LESTER W And now CPL. RICHARD SMITH Sheriff or Deputy Sheriff of Cumberland County of Pennsylvania, who being duly sworn according to law, at 0015:55 Hours, on the 28th day of March , 2006, attached as herein commanded all goods, chattels, rights, debts, credits, and moneys of the within named GARNISHEE GINANNI LESTER W hands, possession, or control of the within named Garnishee 1513 HIGH MEADOW LANE MECHANICSBURG, PA 17055 , in the Cumberland County, Pennsylvania, by handing to LILLIAN GINANNI (WIFE) 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: Docketing .00 Service .00 Affidavit .00 Surcharge .00 .00 .00 So answers - R. ?/J P R. Thomas Kline Sheriff of Cumberland County 03/30/20 Sworn and subscribed to before me this ? day of By /L(?V ?-nG? A.D. ?"?T? SHERIFF'S RETURN - GARNISHEE CASE NO: 2006-00680 P COMMONWEALTH OF PENNSLYVANIA COUNTY OF CUMBERLAND COMMERCE BANK/HARRISBURG NA VS GINANNI LESTER W And now CPL. RICHARD SMITH ,Sheriff or Deputy Sheriff of Cumberland County of Pennsylvania, who being duly sworn according to law, at 0015:55 Hours, on the 28th day of March , 2006, attached as herein commanded all goods, chattels, rights, debts, credits, and moneys of the within named GARNISHEE GINANNI LILLIAN R in the hands, possession, or control of the within named Garnishee 1513 HIGH MEADOW LANE MECHANICSBURG, PA 17055 Cumberland County, Pennsylvania, by handing to LILLIAN GINANNI 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: Docketing .00 Service .00 Affidavit .00 Surcharge .00 .00 .00 So anjwq?jv R. Thomas Kline Sheriff of Cumberland County 03/29/20 Sworn and subscribed to before me By this day of -.)-11/ n A.D. SHERIFF'S RETURN - GARNISHEE CASE NO: 2006-00680 P COMMONWEALTH OF PENNSLYVANIA COUNTY OF CUMBERLAND COMMERCE BANK/HARRISBURG NA VS GINANNI LESTER W And now CPL. RICHARD SMITH ,Sheriff or Deputy Sheriff of Cumberland County of Pennsylvania, who being duly sworn according to law, at 0015:55 Hours, on the 28th day of March , 2006, attached as herein commanded all goods, chattels, rights, debts, credits, and moneys of the within named GARNISHEE L & L PARTNERS LTD C/O LILLIAN R GINANNI in the hands, possession, or control of the within named Garnishee 1513 HIGH MEADOW LANE MECHANICSBURG, PA 17055 Cumberland County, Pennsylvania, by handing to LILLIAN GINANNI 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: Docketing .00 Service .00 Affidavit .00 Surcharge .00 .00 .00 03/29/20 Sworn and subscribed to before me w By r' this day ofd/, ;:) 00(D A.D. n So answ(?Xs;,ere P R. Thomas Kline Sheriff of Cumberland County SHERIFF'S RETURN - NOT FOUND CASE NO: 2006-00680 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND COMMERCE BANK/HARRISBURG NA VS GINANNI LESTER W R. Thomas K1 ,Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named WITNESS GINANNI LESTER W JR but was unable to locate Him in his bailiwick. He therefore returns the SUBPOENA the within named WITNESS X1 SHAULL EQUIPMENT & SUPPLY CO 100 WEST MARKET STREET LEMOYNE, PA 17043 DEFENDANT WAS NOT LOCATED AT GIVEN ADDRESS. BUSINESS IS LOCKED. Sheriff's Costs: So answers -- Docketing 18.00 Service 12.32 ?. Not Found 5.00 R. Thomas Kline Surcharge 10.00 Sheriff of Cumberland County Postage .78 46.10 KAIN BROWN & ROBERTS 04/10/2006 Sworn and subscribed to before me this ( 44 day of ao-V Pr hono , NOT FOUND , as to GINANNI LESTER W JR SHERIFF'S RETURN - REGULAR CASE NO: 2006-00680 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND COMMERCE BANK/HARRISBURG NA VS GINANNI LESTER W DAVID MCKINNEY Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within SUBPOENA was served upon GINANNI LESTER W the WITNESS , at 1555:00 HOURS, on the 28th day of March 2006 at 1513 HIGH MEADOWS LANE MECHANICSBURG, PA 17055 by handing to LILLIAM GINANNI, WIFE a true and attested copy of SUBPOENA together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 6.00 Service 8.80 Affidavit .00 Surcharge 10.00 .00 24.80 Sworn and Subscribed to before me this J_LA day of GD A.D. Pr nota y So Answers: R. Thomas Kline 04/10/2006 KAIN BROWN & ROBERTS By . ?? /, Deputy Sheriff SHERIFF'S RETURN - REGULAR CASE NO: 2006-00680 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND COMMERCE BANK/HARRISBURG NA VS GINANNI LESTER W DAVID MCKINNEY , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within SUBPOENA the GINANNI LILLIAN R was served upon WITNESS , at 1555:00 HOURS, on the 28th day of March , 2006 at 1513 HIGH MEADOWS LANE MECHANICSBURG, PA 17055 by handing to LILLIAN R GINANNI a true and attested copy of SUBPOENA together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 6.00 Service .00 Affidavit .00 Surcharge 10.00 .00 16.00 Sworn and Subscribed to before me this A day of Q,U A.D. P not y So Answers: R. Thomas Kline 04/10/2006 KAIN BROWN & ROBERTS By: -Deputy Sheriff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION: LAW COMMERCE BANKMARRISBURG, No. 2006 Civil 680 N.A., Plaintiff-Petitioner Vs. LESTER W. GINANNI, Defendant-Respondent and L & L PARTNERS, LTD., Garnishee ACKNOWLEDGMENT OF SERVICE Attached hereto, marked Exhibit "A" and incorporated herein by reference is a true and correct copy of a communication from John W. Purcell, Jr., Esquire, attorney for the RESPONDENT, LESTER W. GINANNI, accepting service of the Petition for a Charging Lien and the Order of Court dated May 11, 2006 in the above-captioned matter. Dated: June 2, 2006 KAIN, BROWN & ROBERTS LLP B. ac c . Ream, Est ire Attorney I.D. #10241 119 East Market Street York, PA 17401 Telephone: 717-943-9968 Fax: 717-846-6676 E-Mail: jclcream@aol.com Attorney for Plaintiff-Petitioner Commerce Bank/Harrisburg, N.A. KAIN, BROWN & ROBERTS LLP ATTORNEYS AT LAW 119 EAST MARKET STREET JACK F , REAM 11 YORK, PENNSYLVANIA 17401-1278 STEVEN M. CARR E. IN' (717) 843-8968 EXT 35 AVJN 43AVIN W, MARKET RKEY G . JOHN N. ELLIOTT FAX (717) 846-6676 Dr amp,..., E-MAIL: jckream@aol.com ROBERT J. BROWN JACK F, REAM II EDWARD C. ROBERTS 'LLM IK TA.. John W. Purcell, Esq. Law Firm of Purcell, Krug & Haller 1719 North Front Street Harrisburg, Pa. 17102 Fax 1-717-233-1149 In re: Commerce Bank/Harrisburg, NA. vs. Ginanni 06-0680 Civil Dear John: THOMAS E. COCHRAN Ip?2•Ia BO COCHRAN L WAY $40-B53 COCHRAN L WILJAM9 1863.1918 COCHRAN, WILLIAMS L KIN 19161930 OEORGE MAY KAIN 1930.1037 KAIN, KAIN 6 KAIN 1937.1958 HAIN, KAIN L aROWN I66B.leea Attached is copy of Order of Court dated May 10, 2006 and Petition for Charging Lien. I received Order on Tuesday, 5/16/2006. Sheriff will no doubt service Mr, and Mrs. Ginanni at their residence next week. I will avoid that disruption if you tell me you accept service of the Order and Motion. Of course, I can understand if you decline to do so. I will be at your office on Tuesday, May 23, 2006 at 10.00 for deposition of Mr, Lester W. Ginarmi. V Y Yours J Ream, Esq. ?-, v e by EXHIBIT "A" TOTAL P.01 l -? C? T G I ?? n , ? _???_? 117 ? `Ii C^1 "V -r r_ C ? t .??i' _? ? ? • •L R_CE1VEDjJINJL:7?a.6 sl- ? IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION: LAW COMMERCE BANK/HARRISBURG, No. 2006 Civil 680 N.A., Plaintiff-Petitioner VS. : LESTER W. GINANNI, Defendant-Respondent and L & L PARTNERS, LTD., : Garnishee ORDER OF COURT 16h AND NOW, TO WIT, this 3 day of June, 2006, it is hereby Ordered and Decreed as follows: I. The "Rule to Show Cause" issued on May 11, 2006 in the above- captioned matter is made absolute; 2. A "Charging Lien" is hereby entered and imposed upon the general partnership interest of LESTER W. GINANNI in favor of COMMERCE BANK/HARRISBURG, N.A. _J? 4A / 6 Judge r x od '' w ? au?T??' ? ? ?_ ? ,?? ,. i t ?y IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA COMMERCE BANK/HARRISBURG, N.A., No. 2006-Civil 680 Plaintiff-Petitioner Vs. LESTER W. GINANNI, Defendant-Respondent And L & L PARTNERS, LTD., Garnishee PETITION TO BRING MATTER ON FOR A HEARING 1. The Petitioner is COMMERCE BANK/HARRISBURG, N.A., a national banking association organized and existing under the laws of the United States of America, having a principal place of business as 3801 Paxton Street, City of Harrisburg, Dauphin County, Commonwealth of Pennsylvania 17111, and hereinafter sometimes referred to as "BANK" and/or "PETITIONER". 2. The Respondent is LESTER W. GINANNI, an adult male individual residing at 1513 High Meadows Lane, Borough of Mechanicsburg, Cumberland County, Commonwealth of Pennsylvania 17055-6769, and hereinafter sometimes referred to as "RESPONDENT". 3. The Garnishee is L & L PARTNERS, LTD., a limited partnership organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal place of business and registered office at 1000 Market Street, Borough of Lemoyne, Cumberland County, Commonwealth of Pennsylvania 17403. However, the current mailing address of the Garnishee is 1513 High Meadows Lane, Mechanicsburg, Pennsylvania 17055-6769. 4. On May 11, 2006, the Court of Common Pleas of Cumberland County, Pennsylvania, issued a Rule upon the Respondent and Garnishee to show cause why a Charging Lien should not be entered in place on the partnership interest of the Respondent, Lester W. Ginanni, in favor of the Petitioner, Commerce Bank/Harrisburg, N.A. 5. On June 13, 2006, the Court of Common Pleas of Cumberland County, Pennsylvania, entered an Order which made the Rule issued on May 11, 2006 absolute and imposed a Charging Lien upon the partnership interest of the Respondent, Lester W. Ginanni, in L & L Partners, LTD in favor of the Petitioner, Commerce Bank/Harrisburg, N.A. WHEREFORE, your Petitioner, COMMERCE BANK/HARRISBURG, N.A., prays Your Honorable Court for the following relief: To set a date and time for a hearing to determine the amount and quantification of the Charging Lien in favor of the Petitioner, Commerce Bank/Harrisburg, N.A. on the partnership interest of the Respondent, Lester W. Ginanni, in L & L Partners, LTD; and 2. Such further relief as the Court deems appropriate. Dated: June 16, 2006 KAIN, BROWN & ROBERTS LLP By: Jac , Esquire Attorney I.D. #10241 119 East Market Street York, PA 17401 Telephone: 717-843-8968 Fax: 717-846-6676 E-Mail: jckream@aol.com Attorney for Plaintiff- Petitioner, Commerce Bank/ Harrisburg, N.A. - C.., -{ -- ? _a _. -s T, ?. ?"' COMMERCE BANKIHARRISBURG, N.A., PLAINTIFF/PETITIONER V. LESTER W. GINANNI, DEFENDANT/RESPONDENT AND L & L PARTNERS, LTD., GARNISHEE IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2006-680 CIVIL ORDER OF COURT AND NOW, this 61h day of July, 2006, upon consideration of the Petitioner's Request for Hearing to Determine "Amount and Quantification of Charging Lien"; IT IS HEREBY ORDERED AND DIRECTED that Petitioner, Commerce Bank/Harrisburg, N.A., prepare a proposed Amount and Quantification request and serve it upon the Defendant and the Garnishee with a copy to the Court on or before July 14, 2006. IT IS FURTHER ORDERED AND DIRECTED that a Rule shall issue upon the Defendant and the Garnishee to show cause why the requested Amount and Quantification should not constitute the Amount of the Charging Lien. This Rule is returnable on or before July 21, 2006. If no answer to the Rule to Show cause is filed by the required date, the relief requested by the Plaintiff shall be granted. i If an answer to the Rule to Show Cause is filed and raises disputed issues of fact, a hearing will then be scheduled. By the Court, UA M. L. Ebert, Jr., J. ?ck F. Ream, Esquire Attor ney fZrbPla tiff/ Petitioner vL/ester W. Ginanni Defendant /& L Partners, Ltd. Garnishee bas J Cl- nu,:?' I hi w? v COMMERCE BANK/HARRISBURG, N.A., PLAINTIFF/PETITIONER V. LESTER W. GINANNI, DEFENDANT/RESPONDENT AND L & L PARTNERS, LTD., GARNISHEE IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2006-680 CIVIL ORDER OF COURT AND NOW, this 12th day of July, 2006, upon request of the Attorney for the Defendant for an extension of time to file the Answer to the Rule to Show Cause, and it appearing that the Attorney for the Plaintiff does not object, the Request is GRANTED. IT IS HEREBY ORDERED AND DIRECTED that Petitioner, Commerce Bank/Harrisburg, N.A., prepare a proposed Amount and Quantification request and serve it upon the Defendant and the Garnishee with a copy to the Court on or before July 14, 2006. IT IS FURTHER ORDERED AND DIRECTED that a Rule shall issue upon the Defendant and the Garnishee to show cause why the requested Amount and Quantification should not constitute the Amount of the Charging Lien. This Rule is returnable on or before August 4, 2006. If no answer to the Rule to Show cause is filed by the required date, the relief requested by the Plaintiff shall be granted. If an answer to the Rule to Show Cause is filed and raises disputed issues of fact, a hearing will then be scheduled. Jack F. Ream, Esquire Attorney for Plaintiff/Petitioner Lester W. Ginanni Defendant L & L Partners, Ltd. Garnishee By the Court, ?A, ?3?- \/ M. L. Ebert, Jr., 0 J. bas ?,, ?? ' ,. r`.? ? :; ..., e ?. !-. -1 COMMERCE BANK/HARRISBURG, N.A., Plaintiff/Petitioner V. LESTER W. GINANNI, Defendant/Respondent AND L & L PARTNERS. LTD., Garnishee IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 2006-680 CIVIL CERTIFICATE OF SERVICE: COMMERCE BANK/HARRISBURG, N.A., PETITIONER, PROPOSED "AMOUNT AND QUANTIFICATION REQUEST FOR CHARGING LIEN" PURSUANT TO ORDER OF COURT DATED JULY 6, 2006 I, Jack F. Ream, Esquire, attorney of record for the Plaintiff/Petitioner, Commerce Bank/Harrisburg, N.A., in the above-captioned matter, hereby certify that on the 13th day of July, 2006, 1 caused the Commerce Bank/Harrisburg, N.A., Petitioner, Proposed "amount and Quantification Request for Charging Lien" Pursuant to Order of Court Dated July 6, 2006, attached hereto as Exhibit "A", to be served upon the Defendant/Respondent, Lester W. Ginanni, the Garnishee, L & L Partners, LTD, and upon the attorney of record, John C. Purcell, Sr., Esquire, by depositing the same in the United States Post Office in York, Pennsylvania, postage prepaid, via first class mail, by certified mail, return receipt requested, by Federal Express, and via Fax transmission, at the following addresses: Mr. Lester W. Ginanni 1513 High Meadows Lane Mechanicsburg, PA 17055-6769 Certified Mail No. 7005 1820 0003 1452 4060 Federal Express Airbill No. 8534 8589 2086 Ms. Lillian R. Ginanni, General Partner L & L Partners, LTD 1513 High Meadows Lane Mechanicsburg, PA 17055-6769 Certified Mail No. 7005 1820 0003 1352 4077 Federal Express Airbill No. 8534 8589 2097 John C. Purcell, Sr., Esquire Purcell, Krug and Haller 1719 North Front Street Harrisburg, PA 17102-2392 Certified Mail No. 7005 1820 0003 1452 4053 Fax No. 1-717-234-0409 Dated: July 13, 2006 KAIN, BROWN & ROBERTS LLP BY UkR F. Ream, Esquire 119 East Market Street York, PA 17401 Attorney I.D. #10241 Telephone: 1-717-843-8968 Fax: 1-717-746-6676 Attorney for Plaintiff/Petitioner , IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA COMMERCE BANK/HARRISBURG, N.A., No. 2006-Civil 680 Plaintiff-Petitioner Vs. LESTER W. GINANNI, Defendant-Respondent And L & L PARTNERS, LTD., Garnishee COMMERCE BANK/HARRISBURG, N.A, PETITIONERS, PROPOSED "AMOUNT AND QUANTIFICATION REQUEST FOR CHARGING LIEN" PURSUANT TO ORDER OF COURT DATED JULY 6, 2006 The Petitioner, Commerce Bank/Harrisburg, N.A., requests that the amount of the charging lien against general partnership interest of Lester W. Ginanni, Defendant-Respondent, in L&L Partners, LTD, Garnishee, is $107,138.74, which is the value of the general partnership interest of Lester W. Ginanni, Defendant-Respondent, in L&L Partners, LTD, Garnishee. Dated: July 13, 2006 KAIN, BROWN & ROBERTS LLP By: ? J . Ream, Esquire Attorney I.D. #10241 119 East Market Street York, PA 17401 Telephone: 717-843-8968 Fax: 717-846-6676 E-Mail: jckream@aol.com Attorney for Plaintiff- Petitioner, Commerce Bank/ Harrisburg, N.A. EXHIBIT "A" c? - - ", _ _ , ?__ - _?, ?? ? __. :.. ?r? _, ' <: .: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA COMMERCE BANK/HARRISBURG, N.A., No. 2006-Civil 680 Plaintiff-Petitioner Vs. LESTER W. GINANNI, Defendant-Respondent And L & L PARTNERS, LTD., Garnishee COMMERCE BANKMARRISBURG, N.A, PETITIONERS, PROPOSED "AMOUNT AND QUANTIFICATION REQUEST FOR CHARGING LIEN" PURSUANT TO ORDER OF COURT DATED JULY 6, 2006 The Petitioner, Commerce Bank/Harrisburg, N.A., requests that the amount of the charging lien against general partnership interest of Lester W. Ginanni, Defendant-Respondent, in L&L Partners, LTD, Garnishee, is $107,138.74, which is the value of the general partnership interest of Lester W, Ginanni, Defendant-Respondent, in L&L Partners, LTD, Garnishee. Dated: July 13, 2006 KAIN, BROWN & ROBERTS LLP By: Ream, Esquire Attorney I.D. #10241 119 East Market Street York, PA 17401 Telephone: 717-843-8968 Fax: 717-846-6676 E-Mail: jckream@aol.com Attorney for Plaintiff- Petitioner, Commerce Bank/ Harrisburg, N.A. COMMERCE BANKIHARRISBURG, N.A., Plaintiff/Petitioner V. LESTER W. GINANNI, Defendant/Respondent AND L & L PARTNERS. LTD., Garnishee IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 2006-680 CIVIL CERTIFICATE OF SERVICE: ORDER OF COURT DATED JULY 6, 2006 I, Jack F. Ream, Esquire, attorney of record for the Plaintiff/Petitioner, Commerce Bank/Harrisburg, N.A., in the above-captioned matter, hereby certify that on the 11th day of July, 2006, 1 caused the Order of Court dated July 6, 2006, attached hereto as Exhibit "A", to be served upon the Defendant/Respondent, Lester W. Ginanni, the Garnishee, L & L Partners, LTD, and upon the attorney of record, John C. Purcell, Sr., Esquire by depositing the same in the United States Post Office in York, Pennsylvania, postage prepaid, via first class mail, by certified mail, return receipt requested, and by Federal Express, at the following addresses: Mr. Lester W. Ginanni 1513 High Meadows Lane Mechanicsburg, PA 17055-6769 Certified Mail No. 7005 1820 0003 1452 4039 Federal Express Airbill No. 8534 8589 2053 Ms. Lillian R. Ginanni, General Partner L & L Partners, LTD 1513 High Meadows Lane Mechanicsburg, PA 17055-6769 Certified Mail No. 7005 1820 0003 1452 4046 Federal Express Airbill No. 8534 8589 2064 John C. Purcell, Sr., Esquire Purcell, Krug and Haller 1719 North Front Street Harrisburg, PA 17102-2392 Certified Mail No. 7005 1820 0003 1452 4022 Federal Express Airbill No. 8534 8589 2075 Dated: July 11, 2006 KAIN, BROWN,,& ROBERTS LLP BY: 11 East Market Street ork, PA 17401 Attorney I.D. #10241 Telephone: 1-717-843-8968 Fax: 1-717-746-6676 Attorney for Defendant COMMERCE BANK/HARRISBURG, N.A., PLAINTIFF/PETITIONER V. LESTER W. GINANNI, DEFENDANT/RESPONDENT AND L & L PARTNERS, LTD., GARNISHEE IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY. PENNSYLVANIA NO. 2006-680 CIVIL ORDER OF COURT AND NOW, this 6th day of July, 2006, upon consideration of the Petitioner's Request for Hearing to Determine "Amount and Quantification of Charging Lien"; IT IS HEREBY ORDERED AND DIRECTED that Petitioner. Commerce Bank/Harrisburg, N.A., prepare a proposed Amount and Quantification request and serve it upon the Defendant and the Garnishee with a copy to the Court on or before July 14, 2006. IT IS FURTHER ORDERED AND DIRECTED that a Rule shall issue upon the Defendant and the Garnishee to show cause why the requested Amount and Quantification should not constitute the Amount of the Charging Lien. This Rule is returnable on or before July 21, 2006. If no answer to the Rule to Show cause is filed by the required date, the relief requested by the Plaintiff shall be granted. EXHIBIT "A" If an answer to the Rule to Show Cause is filed and raises disputed issues of fact, a hearing will then be scheduled. By the Court, _1? -\V M. L. Ebert, Jr., J. Jack F. Ream, Esquire Attorney for Plaintiff/Petitioner Lester W. Ginanni Defendant L & L Partners, Ltd. Garnishee bas '> C> r::s :i "4 ? .r{ ??1 %i ?. ?? _ l' _ -f /y .{ {`-,' IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA COMMERCE BANK/HARRISBURG, N.A., Plaintiff-Petitioner No. 2006-Civil 680 Vs. LESTER W. GINANNI, Defendant-Respondent And L & L PARTNERS, LTD., Garnishee c :.J COMMERCE BANK/HARRISBURG, N.A, PETITIONERS, PROPOSED "AMOUNT AND QUANTIFICATION REQUEST FOR CHARGING LIEN" PURSUANT TO ORDER OF COURT DATED JULY 6, 2006 The Petitioner, Commerce Bank/Harrisburg, N.A., requests that the amount of the charging lien against general partnership interest of Lester W. Ginanni, Defendant-Respondent, in L&L Partners, LTD, Garnishee, is $107,138.74, which is the value of the general partnership interest of Lester W. Ginanni, Defendant-Respondent, in L&L Partners, LTD, Garnishee. Dated: July 13, 2006 KAIN, BROWN & ROBERTS LLP By: J Ream, Esquire Attorney I.D. #10241 119 East Market Street York, PA 17401 Telephone: 717-843-8968 Fax: 717-846-6676 E-Mail: jckream@aol.com Attorney for Plaintiff- Petitioner, Commerce Bank/ Harrisburg, N.A. COMMERCE BANKIHARRISBURG, N.A., Plaintiff/Petitioner V. LESTER W. GINANNI, Defendant/Respondent AND L & L PARTNERS. LTD., Garnishee IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 2006-680 CIVIL < g r- ? n - cry r-; r Sl `11 CERTIFICATE OF SERVICE: COMMERCE BANKIHARRISBURG, N.A., PETITIONER, PROPOSED "AMOUNT AND QUANTIFICATION REQUEST FOR CHARGING LIEN" PURSUANT TO ORDER OF COURT DATED JULY 6, 2006 I, Jack F. Ream, Esquire, attorney of record for the Plaintiff/Petitioner, Commerce Bank/Harrisburg, N.A., in the above-captioned matter, hereby certify that on the 13th day of July, 2006, 1 caused the Commerce Bank/Harrisburg, N.A., Petitioner, Proposed "amount and Quantification Request for Charging Lien" Pursuant to Order of Court Dated July 6, 2006, attached hereto as Exhibit "A", to be served upon the Defendant/Respondent, Lester W. Ginanni, the Garnishee, L & L Partners, LTD, and upon the attorney of record, John C. Purcell, Sr., Esquire, by depositing the same in the United States Post Office in York, Pennsylvania, postage prepaid, via first class mail, by certified mail, return receipt requested, by Federal Express, and via Fax transmission, at the following addresses: Mr. Lester W. Ginanni 1513 High Meadows Lane Mechanicsburg, PA 17055-6769 Certified Mail No. 7005 1820 0003 1452 4060 Federal Express Airbill No. 8534 8589 2086 Ms. Lillian R. Ginanni, General Partner L & L Partners, LTD 1513 High Meadows Lane Mechanicsburg, PA 17055-6769 Certified Mail No. 7005 1820 0003 1352 4077 Federal Express Airbill No. 8534 8589 2097 John C. Purcell, Sr., Esquire Purcell, Krug and Haller 1719 North Front Street Harrisburg, PA 17102-2392 Certified Mail No. 7005 1820 0003 1452 4053 Fax No. 1-717-234-0409 Dated: July 13, 2006 KAIN, BROWN & ROBERTS LLP BY: c F. Ream, Esquire 119 East Market Street York, PA 17401 Attorney 1. D. #10241 Telephone: 1-717-843-8968 Fax: 1-717-746-6676 Attorney for Plaintiff/Petitioner IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA COMMERCE BANK/HARRISBURG, N.A., No. 2006-Civil 680 Plaintiff-Petitioner Vs. LESTER W. GINANNI, Defendant-Respondent And L & L PARTNERS, LTD., Garnishee COMMERCE BANKM ARRISBURG, N.A, PETITIONERS, PROPOSED "AMOUNT AND QUANTIFICATION REQUEST FOR CHARGING LIEN" PURSUANT TO ORDER OF COURT DATED JULY 6, 2006 The Petitioner, Commerce Bank/Harrisburg, N.A., requests that the amount of the charging lien against general partnership interest of Lester W. Ginanni, Defendant-Respondent, in L&L Partners, LTD, Garnishee, is $107,138.74, which is the value of the general partnership interest of Lester W. Ginanni, Defendant-Respondent, in L&L Partners, LTD, Garnishee. Dated: July 13, 2006 KAIN, BROWN & ROBERTS LLP By: CJ*Sck F. Ream, Esquire Attorney I.D. #10241 119 East Market Street York, PA 17401 Telephone: 717-843-8968 Fax: 717-846-6676 E-Mail: jckream@aol.com Attorney for Plaintiff- Petitioner, Commerce Bank/ Harrisburg, N.A. EXHIBIT "A" .:w John W. Purcell I.D. 7108 Purcell, Krug & Haller 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 jpurcellsr kh.com COMMERCE BANKMARRISBURG, N.A., Plaintiff/Petitioner IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA VS. LESTER W. GINANNI, Defendant/Respondent VS. L & L PARTNERS, LTD., Garnishee NO. 2006-680 CIVIL ANSWER TO RULE TO SHOW CAUSE WHY THE REQUESTED AMOUNT AND QUANTIFICATION SHOULD NOT CONSTITUTE THE AMOUNT OF THE CHARGING LIEN 1. The Respondent, Lester W. Ginanni, and Garnishee, L & L Partners, LTD. submit that the proposed amount and quantification of the Petitioner represents the Defendant's share in L & L Partners, LTD., as of 2005, but the present value of which has not yet been determined. . 4. r y 2. At the present time, the estimated value of the Defendant's share in L & L Partner, LTD., is $26,728.96. 3. Therefore, Petitioner's proposed $107,138.74 charging lien is inaccurate and a hearing should be scheduled to determine valuation. WHEREFORE, the Respondent and Garnishee request that Petitioner's relief be denied. Respectfully submitted, PURCELL, KRUG & HALLER B' Distribution: Honorable M.L. Ebert, Jr. Jack F. Ream, 11, Esquire, 119 E. Market St., York, PA 17401 John W. Purcell, 1719 North Front St., Harrisburg, PA 17102 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 CERTIFICATE OF SERVICE I, John W. Purcell, Attorney for the Defendant Lester W. Ginanni and Garnishee L & L Partners, LTD, hereby certify that a true and correct copy of the foregoing was served on the Plaintiff by forwarding said copy to its attorney at the following address, by first class U.S. Mail on August 2, 2006: Jack F. Ream, II, Esquire Kain, Brown & Roberts LLP 119 East Market Street York, PA 17401-1278 Attorney for the Plaintiff [N W. PURCELL, NO. 7108 .. .... COMMERCE BANK/HARRISSURG, N.A., PLAINTIFF/PETITIONER V. LESTER W. GINANNI, DEFENDANT/RESPONDENT AND L & L PARTNERS, LTD., GARNISHEE IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2006-680 CIVIL ORDER OF COURT AND NOW, this 10t" day of August, 2006, upon consideration of the Plaintiff's Proposed Amount and Quantification Request for Charging Lien and the Answer filed thereto, IT IS ORDERED AND DIRECTED that a hearing shall be held on Monday, October 2, 2006 at 1:30. p.m. in Courtroom No. 5 of the Cumberland County Courthouse, Carlisle, Pennsylvania. At this hearing, the Plaintiff shall be the moving party. Counsel for the parties shall file with the Court and opposing Counsel a Memorandum setting forth: 1. A list of witnesses who will be called to testify at the hearing; 2. A summary of the anticipated testimony of each witness; 3. An estimate of how long each party's case will require; 4. The legal principle(s) on which the party's position is based; and 5. Any case citations supporting the party's position. This Memorandum shall be filed at least five days prior to the above mentioned hearing date. By the Court, VJNVAAkS N3d AwnoP nr: PH,;sv4no I S -Z Wd 01 onv 90OZ AEndIONOHiO8d 3HI 10 3 !t9 9119 Jack F. Ream, Esquire Attorney for Plaintiff John W. Purcell, Esquire Attorney for Defendant and Garnishee bas COMMERCE BANK/HARRISBURG, N.A., Plaintiff VS. LESTER W. GINANNI Defendant VS. L&L PARTNERS, LTD, Garnishee IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2006 CIVIL 680 : CIVIL ACTION - LAW ORDER OF COURT AND NOW, this' day ,Jco*t,? , 2006, upon consideration of the request and agreement of counsel for a continuance, the hearing previously scheduled for October 2, 2006, shall be heard before this Court on the o),-1 ''Aday of 'n 0 2006, at a-' 30 --. m. in Courtroom No. 5. BY THE COURT, ?* --k, M.L. Ebert, Jr., J. V'irr`t?,3NP? 1 1 f t ,r i7e iNdno S .6 WV N d3S 90OZ ,kdV!Q N3- 0Xa4d 3HI 40 301,j_40--CIII13 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION COMMERCE BANK/HARRISBURG, No. 2006-Civil 680 N.A., Plaintiff-Petitioner vs. LESTER W. GINANNI Action in Confession of Defendant-Respondent Judgment for Monetary Amount PETITION OF COMMERCE BANK/HARRISBURG, N.A., PLAINTIFF-PETITIONER, FOR APPOINTMENT OF GUARDIAN AD LITEVI FOR DEFENDANT, LESTER W. GINANNI, PURSUANT TO RULES 2053 AND 2056 OF PENNSYLIJANIA RULES OF CIVIL PROCEDUE 1.0 PARTIES 1. The PLAINTIFF-MOVANT is COMMERCE BANK/HARRISBURG, N.A., a national banking association, organized and existing under the laws of the United States of America, having a principal place of business at 3801 Paxton Street, City of Harrisburg, Commonwealth of Pennsylvania 17111, and hereinafter sometimes referred to as "Bank" and/or "Plaintiff". 2. The DEFENDANT-RESPONDENT is LESTER W. GINANNI, an adult male individual, residing at 1513 High Meadows Lane, Mechanicsburg, County of Cumberland, Commonwealth of Pennsylvania 17055-6769, and hereinafter sometimes jointly, severally, individually and collectively referred to as "Defendant" and/or "Respondent". 2.0 LEGAL AND PROCEDURAL BASIS FOR PETITON 3. The basis for this Motion is Rule 2053 (b) and Rule 2056 (b) Pennsylvania Rules of Civil Procedure which provides as follows: Rule 2053 (b) A defendant who is an incapacitated person shall be represented by a guardian. If the defendant has no guardian, or if the guardian is not served with process in this Commonwealth and does not voluntarily appear in the action, the defendant shall be represented by a guardian ad litem. The guardian or guardian ad litem shall supervise and control the conduct of the action in the defendant's behalf. Rule 2056 (b) If, at any time before trial, the court shall find that the defendant is an incapacitated person who is not represented in the action by a guardian or guardian ad litem the plaintiff shall forthwith give notice, by registered mail or in such other manner as the court by local rule or special order shall direct, of the pendency, subject matter and number of the action. Such notice shall be given to the guardian of the defendant appointed by a court of competent jurisdiction within this Commonwealth. If the defendant has no such guardian the plaintiff shall petition the court in which the action is pending for the appointment of a guardian ad litem and the notice, together with any additional notice of the application for the appointment of a guardian ad litem, shall be given in like manner to (1) the guardian of the defendant appointed by a court of competent jurisdiction outside this Commonwealth, or, if there is no such guardian, then (2) the person in charge for the time being of the institution either within or without this Commonwealth in which the defendant is confined or, if not confined, then (3) an adult next of kin or the person with whom the defendant resides, and to (4) such other person, if any, as the court may direct. 3.0 FACTUAL BASIS FOR PETITION The Defendant, Lester W. Ginanni, has been represented by John W. Purcell, Sr., Esquire since 2005 and probably before 2005. 4. Lillian R. Ginanni, wife of the Defendant, Lester W. Ginanni, has been represented by John W. Purcell, Sr., Esquire since 2005 and probably before 2005. 5. Lester W. Ginanni, Jr., the son of Defendants, is the attorney in fact for the Defendant, Lester W. Ginanni, pursuant to a power of attorney dated August 13, 2003. 6. Lester W. Ginanni, Jr. has been represented by John W. Purcell, Sr. Esquire, since 2005 and probably before 2005. 7. Prior to the filing of this Petition, Bank had information which suggested that the Defendant, Lester W. Ginanni, suffered from Alzheimer's disease. 8. Defendants have now, for the first time formally in a Court proceeding, admitted that Defendant, Lester W. Ginanni, is incompetent as that term is defined in Rule 2051 of Pennsylvania Rules of Civil Procedure by virtue of the following statements contained in the Defendant's Response to FIRST REQUEST FOR ADMISSIONS BY THE PLAINTIFF, COMMERCE BANK/HARRISBURG, N.A., ADDRESSED TO DEFENDANTS, LESTER W. GINANNI AND LILLIAN R. G/NANNI, PURSUANT TO RULE 4014 OF THE PENNSYLVANIA RULES OF CIVIL PROC EDURE ("First Request") in the matter of Commerce Bank/Harrisburg, N.A., plaintiff, vs. Lester W. Ginanni and Lillian R. Ginanni, defendants, to No. 2006 Civil 3682, Action in Equity in the Court of Common Pleas of Cumberland County, Pennsylvania. Bank's First Request was served on Plaintiff in early September of 2006. After reasonable inquiry and considering the information known or readily obtainable by Defendants; namely that Defendant, Lester W. Ginanni is mentally incapacitated due to Dementia. 9. While not knowing exactly when the incapacity of the Defendant, Lester W. Ginanni, began based on the testimony of his wife, Lillian R. Ginanni, given at her depositions held on April 11, 2006 in the matter of Commerce Bank/Harrisburg, N.A., plaintiff, vs. Lester W. Ginanni, defendant, to No 2006 Civil Term 680, Court of Common Pleas of Cumberland County, Pennsylvania, implies and suggests that the incapacity existed as early as 2000 and 2001. See Pages 9-10. 10. Therefore, if the incapacity of Lester W. Ginanni existed as early as 2000 and 2001, such incapacity was in existence as of the date Lester W. Ginanni "supposedly" executed the Power of Attorney in favor of his son, Lester W. Ginanni, Jr., on August 13, 2003. 11. Furthermore, if the incapacity of Lester W. Ginanni existed as early as 2000 and 2001, such incapacity was known at least as early as 2005 and possibly before by John W. Purcell, Sr., Esquire. 12. It may well be that the incapacity of Lester W. Ginanni was known to his attorney in fact, Lester W. Ginanni, Jr., before the Power of Attorney was executed on August 13, 2003. 13. As of the date of this Petition, no petition has been filed for the appointment of a guardian ad litem for Defendant, Lester W. Ginanni. 14. The Defendant, Lester W. Ginanni, is not represented in this action by a guardian or guardian ad litem. 15. No guardian of the person or estate of the Defendant, Lester W. Ginanni, has been appointed. WHEREFORE, Your Petitioner, COMMERCE BANK/HARRISBURG, N.A., prays Your Honorable Court for the following relief: A. To appoint a guardian ad litem for the Defendant, Lester W. Ginanni, in the above captioned matter; B. To not appoint Lester W. Ginnani, Jr., Lillian R. Ginanni or John W. Purcell, Esquire, or any relative of the Defendant, Lester W. Ginanni, as a guardian ad litem for Lester W. Ginanni; and C. Such further relief as the Court deems appropriate. J Dated: September 29, 2006 Ja m, 1=`s uire Kai own & Roberts LLP 119 East Market Street York, PA 17401 I.D. 10241 Phone 1-717-843-8968 Fax 1-717-846-6676 E-mail JckReam@aol.com Attorney for the Plaintiff Commerce Bank/ Harrisburg, N.A. 4 CASE NO: 2006-00680 P SHERIFF'S RETURN - REGULAR COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND COMMERCE BANK/HARRISBURG NA VS GINANNI LESTER W SGT. JODY SMITH , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within SUBPOENA was served upon GINANNI LILLIAN R the DEFENDANT , at 0011:16 HOURS, on the 7th day of September, 2006 at CUMBERLAND CO SHERIFF'S OFFICE 1 COURTHOUSE SQUARE CARLISLE, PA 17013 by handing to LATOYA CLARK WINFIELD ATTORNEY FOR PTATNTTFF a true and attested copy of SUBPOENA together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: So Answers: Docketing 18.00 Service .00 Affidavit .00 Surcharge 10.00 R. Thomas Kline .00 28.00 ? 09/07/2006 `T /Y-0G ?-- KAIN, BROWN & ROBERTS Sworn and Subscibed to By:? ?CA-r.?:; I.Vtll?? before me this day Deputy Sheriff of A.D. SHERIFF'S RETURN - REGULAR CASE NO: 2006-00680 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND COMMERCE BANK/HARRISBURG NA VS GINANNI LESTER W SGT. JODY SMITH , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within SUBPOENA was served upon L & L PARTNERS LTD C/O LILLIAN R GINANNI the GARNISHEE , at 0011:16 HOURS, on the 7th day of September, 2006 at GENERAL PARTNER CUMBERLAND CO SHERIFF'S OFFICE CARLISLE, PA 17013 by handing to LATOYA CLARKE WINFEILD ATTORNEY FOR PLTFF a true and attested copy of SUBPOENA together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: So Answers: Docketing 6.00 ' e, Service .00 e. I F. ? Affidavit .00 Surcharge 10.00 R. Thomas Kline .00 16.00./ 09/07/2006 y ?y dL KAIN, BROWN & ROBERTS Sworn and Subscibed to By: , before me this day Deput Sheriff of A.D. Acceptance of Service I accept the service of the subpoenas 1. Lillian R. Ginanni, individually (on behalf of ,i 1 1 ian R. Ginanni, as general partner and in L&L Partners LTD certify that I am authorized to do so.) Date Autho zed Age 1719 North Front Street Harrisburg, PA 17102 Mailing Address IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION: LAW COMMERCE BANK/HARRISBURG, No. 2006 Civil 680 N.A., Plaintiff-Petitioner VS. LESTER W. GINANNI, Defendant-Respondent and L&L PARTNERS, LTD. Garnishee CERTIFICATE OF SERVICE OF NOTICE PURSUANT TO RULE 4009.21 OF PENNSYLVANIA RULES OF CIVIL PROCEDURE OF COMMERCE BANK/HARRISBURG, N.A. OF INTENTION TO SERVE SUBPOENA DECUS TECUM UPON MANUFACTURERS AND TRADERS TRUST COMPANY TO PRODUCE DOCUMENTS I, Jack F. Ream, Esquire, attorney of record for the Plaintiff, COMMERCE BANK/HARRISBURG, N.A., in the above-captioned matter, hereby certify that on the 11TH day of October, 2006, I caused the Notice Pursuant to Rule 4009.21 of Pennsylvania Rules of Civil Procedure of Commerce Bank/Harrisburg, N.A. of Intention to Serve Subpoena Decus Tecum Upon Manufacturers and Traders Trust Company to Produce Documents, attached as Exhibit "A", to be served upon John Purcell, Sr., Esquire, by depositing the same in the United States Post Office in York, Pennsylvania, postage prepaid, at the following address: John Purcell, Sr., Esquire Purcell, Krug & Haller 1719 North Front Street Harrisburg, PA 17102 Dated: October 11, 2006 KAIN, BROWN & ROBERTS LLP BY: 119 East Market Street York, PA 17401 Attorney I.D. #10241 Telephone: 1-717-843-8968 Fax: 1-717-746-6676 Attorney for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION: LAW COMMERCE BANK/HARRISBURG, No. 2006 Civil 680 N.A., Plaintiff-Petitioner vs. LESTER W. GINANNI, Defendant-Respondent and L&L PARTNERS, LTD. Garnishee NOTICE PURSUANT TO RULE 4009.21 OF PENNSYLVANIA RULES OF CIVIL PROCECURE OF COMMERCE BANKMARRISBURG, N.A. OF INTENTION TO SERVE SUBPOENA DECUS TECUM UPON MANUFACTURERS AND TRADERS TRUST COMPANY TO PRODUCE DOCUMENTS JOHN W. PURCELL, JR., ESQUIRE PURCELL, KRUG & HALLER 1719 NORTH FRONT STREET HARRISBURG, PA. 17102 ATTORNEY FOR DEFENDANT LESTER W. GINANNI AND FOR GARNISHEE, L&L PARTNERS You are hereby notified that on November 7, 2006, I will cause to be served upon Manufacturers and Traders Trust Company a subpoena duces tecum, a copy of which is attached hereto, marked Exhibit ".A" and incorporate herein by reference. You have twenty days from the date listed below in which to file of record and served upon the attorney for the Plaintiff, Commerce Bank/Harrisburg, N.A., an objection to the subpoena. If no objection is made, the subpoena will be served. Dated: October 11, 2006 r__? Jack F. Ream, Esquire Kain, Brown & Roberts LLP 119 East Market Street York, PA 17401 EXHIBIT "A" TO CERTIFICATE OF SERVICE I.D. 10241 Phone 1-717-843-8968 Fax 1-717-846-6676 E-mail JckReam@aol.com Attorney for the Plaintiff Commerce Bank/ Harrisburg, N.A. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION: LAW COMMERCE BANK/HARRISBURG, No. 2006 Civil 680 N.A., Plaintiff-Petitioner vs. LESTER W. GINANNI, Defendant-Respondent and L&L PARTNERS, LTD. Garnishee SUBPOENA DECUS TECUM ISSUED TO NON-PARTY PURSUANT TO RULE 4009.21 OF PENNSYLVANIA RULES OF CIVIL PROCEDURE TO: KENNETH J. MILLIKEN MANUFACTURERS AND TRADERS TRUST COMPANY 4"' Floor Troup Building 213 Market Street Harrisburg, PA 17105 1.0 You are ordered to produce to the following documents on November 14, 2006 at 10.00 A.M. at the offices of Manufacturers and Traders Trust Company, 4"' Floor, Troup Building, Harrisburg, Dauphin County, Pennsylvania. 2.0 The term "Document" or "Documents" shall mean any written, recorded, printed, handwritten, photostatic copy, typed or other graphic matter of any kind or nature howsoever produced or reproduced whether sent or received or neither, including drafts or copies bearing notations or marks not found on or in the original and includes but is not limited to: A. All letters or other forms of correspondence or communication, including envelopes, notes, faxes, telegrams, cables, e-mails, telex messages, messages, reports, notes, notations and memoranda of or relating to telephone conversations or conferences; B. All memoranda, reports, tax returns, financial statements or reports, notes, transcripts, tabulations, studies, analyses, evaluations, projections, work papers, corporate records or copies thereof, lists, comparisons, questionnaires, surveys, charts, graphs, summaries, extracts statistical records and compilations; C. All minutes or transcripts of all meetings; and/or D. All notes, mortgages, security agreements, applications. for loans EXHIBIT "A" 3.0 List of All Documents Any and all documents relating to a lending transaction which occurred on or about November 21, 1997 wherein Manufacturers and Traders Trust Company loaned to Lester W. Ginanni and Lillian R. Ginanni the sum of $1,400,000.00. 1 Any and all documents relating to the involvement of L&L Partners, LTD in the lending transaction which occurred on or about November 21, 1997 wherein Manufacturers and Traders Trust Company loaned to Lester W. Ginanni and Lillian R. Ginanni the sum of $1,400,000.00. Any and all documents relating to a lending transaction which occurred on or about November 21, 1997 wherein Manufacturers and Traders Trust Company loaned to L&L Partners, LTD the sum of $845,600.00. 4. Any and all documents relating to a lending transaction which occurred on or about November 21, 1997 wherein Manufacturers and Traders Trust Company loaned to L&L Partners, LTD the sum of $75,000.00. Any and all communications between Lester W. Ginanni and his agents, representatives and attorneys and Manufacturers and Traders Trust Company in 2005 concerning the November 21, 1997 lending transaction wherein Manufacturers and Traders Trust Company loaned to Lester W. Ginanni and Lillian R. Ginanni the sum of $1,400,000.00. Any and all communications between Lester W. Ginanni and his agents, representatives and attorneys and Manufacturers and Traders Trust Company in 2006 concerning the November 21, 1997 lending transaction wherein Manufacturers and Traders Trust Company loaned to Lester W. Ginanni and Lillian R. Ginanni the sum of $1,400,000.00. If you fail to attend or to produce the documents or things required by this subpoena, you may be subject to the sanctions authorized by Rule 234.5 of the Pennsylvania Rules of Civil Procedure, including but not limited to costs, attorney fees and imprisonment. Dated: October 11, 2006 Requested by: Jack F. Ream, Esquire 119 E. Market Street York, PA 17401 Telephone: 1-717-843-8968 Fax: 1-717-846-6676 E-mail: JckReam@aol.com Attorney I.D. No. 10241 Attorney for Plaintiff Commerce Bank/Harrisburg, N.A. BY THE COURT, Date: October 2006 By: Prothonotary of Cumberland County, Pennsylvania r.a -? _C'1 --r^. _?: r.. ? .,, C.) ? "t7 :_? .? --? 0 O C T 0 2 2006 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION COMMERCE BANK/HARRISBURG, No. 2006 Civil 680 N.A., : Plaintiff-Petitioner VS. LESTER W. GINANNI Defendant -Respondent Action in Confession of Judgment For Monetary Amount ORDER OF COURT AND, NOW, TO WIT, this 023' day of _00 2006 upon presentation and consideration of PETITION OF COMMERCE BANKIHARR/SBURG, N.A., PLAINTIFF-MOVANT, FOR APPOINTMENT OF GUARDIAN AD LITEM FOR DEFENDANT, LESTER W. GINANNI, PURSUANT TO RULES 2053 AND 2056 OF PENNSYLVANIA RULES OF CIVIL PROCEDURE, IT IS HEREBY ORDERED AND DECREED AS FOLLOWS: 1. A Rule is hereby issued upon the Defendant, Lester W. Ginanni, to Show Cause why the relief requested by the Plaintiff-Petitioner in the PETITION OF COMMERCE BANWHARRISBURG, N.A., PLA/NTIFF~MOVANT, FOR APPOINTMENT OF GUARDIAN AD LITEM FOR DEFENDANT, LESTER W. GINANNI, PURSUANT TO RULES 2053 AND 2056 OF PENNSYL ANIA RULES OF CIVIL PROCEDURE suId not be granted. The Rule shall be returnable on or before `) H moo.,,- I f o 2006. If no answer is filed by the Defendant, Lester W. Ginanni, on or before the required date, the relief requested by the Plaintiff-Petitioner in the PETITION OF COMMERCE BANWHARR/SBURG, N.A., PLAINTIFF-MOVANT, FOR APPOINTMENT OF GUARDIAN AD LITEM FOR DEFENDANT, LESTER W. GINANNI, PURSUANT TO RULES 2053 AND 2056 OF PENNSYL ANIA RULES OF CIVIL PROCEDURE shall be granted. If an Answer to the Rule to Show Cause is filed and raises disputed issues of fact, a hearing shall be scheduled. By the Court ,\N\ _?? " Judge 5 171"S.ti?a?t'lh1 p"{4 ?"iC" q Z : ( l WV €Z 130 9062 3A JC' COMMERCE BANK/HARRISBURG, N.A., Plaintiff Vs. LESTER W. GINANNI, Defendant And L & L PARTNERS, LTD., Garnishee : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 2006-680 Civil PRAECIPE TO SATISFY JUDGMENT TO THE PROTHONOTARY: Please mark the above-captioned judgment against the Defendant-Respondent, Lester W. Ginanni, and against the Defendant-Garnishee, L & L Partners, LTD., as "Satisfied". Dated: October 30, 2001 KAIN, BROWN & ROBERTS LLP By: Ja R sq 're Attorney I.D. #10241 119 East Market Street York, PA 17401 Telephone: 717-843-8968 Fax: 717-846-6676 E-Mail: jckream@aol.com Attorney for Plaintiff IM J ? a? ! F ti Gv.J ^1 ? SHERIFF'S RETURN - NOT SERVED CASE NO: 2006-00680 P COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND COMMERCE BANK/HARRISBURG NA VS GINANNI LESTER W R. Thomas Kline , Sheriff , who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT to wit: GINANNI LILLIAN R but was unable to locate Her in his bailiwick. He therefore returns the WRIT OF EXECUTION the within named DEFENDANT NOT SERVED , as to GINANNI LILLIAN R 1513 HIGH MEADOWS LANE MECHANICSBURG, PA 17055 SERVICE STOPPED PER FAX FROM ATTORNEY REAM, Sheriff's Costs: Docketing 18.00 Service .00 Affidavit .39 Surcharge 10.00 .00 28.39 ie'j4 t 0. Sworn and Subscribed to befc this day of So answe . R. Thomas ine Sheriff of Cu erland County ,KAIN BROWN ROBERTS 10/11/2006 ire me A. D. SHERIFF'S RETURN - NOT SERVED CASE NO: 2006-00680 P COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND COMMERCE BANK/HARRISBURG NA VS GINANNI LESTER W R. Thomas Kline , Sheriff , who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named GARNISHEE , to wit: L & L PARTNERS LTD C/O LILLIAN R GINANNI but was unable to locate Her in his bailiwick. He therefore returns the WRIT OF EXECUTION NOT SERVED , as to the within named GARNISHEE L & L PARTNERS LTD C/O LILLIAN R GINANNI 1513 HIGH MEADOWS LANE MECHANICSBURG, PA 17055 SERVICE STOPPED PER FAX FROM ATTORNEY REAM. Sheriff's Costs: So answ Docketing 6.00 Service .00 Affidavit .00 R. Thomas K1' e Surcharge 10.00 Sheriff of Cumberland County .00 16.00 JACK REAM 00/00/0000 Sworn and Subscribed to before me this day of , A. D. IN THE COURT OF CQMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION: LAW COMMERCE BANK/HARRISBURG, No. 2006 Civil 680 N.A., Plaintiff-Petitioner vs. LESTER W. GINANNI, Defendant-Respondent and L&L PARTNERS, LTD, Garnishee To: LILLIAN R. GINANNI General Partner in L&L Partners, LTD 1513 HIGH MEADOWS LANE MECHANICSBURG, PA 17055-6769 1. You are ordered by the Court to come to Court Room No. #5, Cumberland County Court House, One Court House Square, Carlisle, Pennsylvania on NOVEMBER 22 2006 at 2:30 P.M. Prevailing Time to testify on behalf of the Plaintiff-Petitioner, Commerce Bank/Harrisburg, N.A., in the above case, and to remain until excused. 2. And bring with you the following: The documents which are listed in Exhibit "A" which is attached hereto and incorporated herein by reference thereto. The term "document" is defined for purpose of this Subpoena as follows: any written, recorded, printed, handwritten, typed or other graphic matter of any kind or nature howsoever produced or reproduced whether sent or received or neither, including drafts or copies bearing notations or marks not found on or in the original and includes but is not limited to: A. All letters or other forms of correspondence or communication, including envelopes, notes, faxes, telegrams, cables, e-mails, telex messages, messages, reports, notes, notations and memoranda of or relating to telephone conversations or conferences; B. All memoranda, reports, tax returns, financial statements or reports, notes, transcripts, tabulations, studies, analyses, evaluations, projections, work papers, corporate records or copies thereof, lists, comparisons, questionnaires, surveys, charts, graphs, summaries, extracts statistical records and compilations; C. All minutes or transcripts of all meetings; a D. All charts and graphs; and/or E. All pictures, diagrams, drawings and/or video recordings. If you fail to attend or to produce the documents or things required by this subpoena, you may be subject to the sanctions authorized by Rule 234.5 of the Pennsylvania Rules of Civil Procedure, including but not limited to costs, attorney fees and imprisonment. Dated: September 29, 2006 KAIN, BROWN & ROBERTS LLP Requested by: L] ; Ream, squire 119 E. Market Street York, PA 17401 Telephone: 1-717-843-8968 Fax: 1-717-846-6676 E-mail: JckReam@aol.com Attorney I.D. No. 10241 Attorney for Plaintiff Commerce Bank/Harrisburg, N.A. BY THE COURT, Date: By: t Proth notary of berlan ounty, Pennsylvania Seal of the Court 11 NI DOC # DESCRIPTION OF DOCUMENT 1 Federal Partnership Income Tax Returns for L & L Partners, LTD for 1999 2 Federal Partnership Income Tax Returns for L & L Partners, LTD for 2000 3 Federal Partnership Income Tax Returns for L & L Partners, LTD for 2001 4 Federal Partnership Income Tax Returns for L & L Partners, LTD for 2002 5 Federal Partnership Income Tax Returns for L & L Partners, LTD for 2003 6 Federal Partnership Income Tax Returns for L & L Partners, LTD for 2004 7 Federal Partnership Income Tax Returns for L & L Partners, LTD for 2005 8 Year-End Financial Statement of L & L Partners, LTD for 1999 9 Year-End Financial Statement of L & L Partners, LTD for 2000 10 Year-End Financial Statement of L & L Partners, LTD for 2001 11 Year-End Financial Statement of L & L Partners, LTD for 2002 12 Year-End Financial Statement of L & L Partners, LTD for 2003 13 Year-End Financial Statement of L & L Partners, LTD for 2004 14 Year-End Financial Statement of L & L Partners, LTD for 2005 15 K-1 issued by L & L Partners, LTD for 1999 16 K-1 issued by L & L Partners, LTD for 2000 17 K-1 issued by L & L Partners, LTD for 2001 18 K-1 issued by L & L Partners, LTD for 2002 19 K-1 issued by L & L Partners, LTD for 2003 20 K-1 issued by L & L Partners, LTD for 2004 21 K-1 issued by L & L Partners, LTD for 2005 EXHIBIT "A' IN THE COURT OF CQMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION: LAW COMMERCE BANKIHARRISBURG, No. 2006 Civil 680 N.A., Plaintiff-Petitioner vs. LESTER W. GINANNI, Defendant-Respondent and L&L PARTNERS, LTD, Garnishee To: LILLIAN R. GINANNI 1513 HIGH MEADOWS LANE MECHANICSBURG, PA 17055-6769 1. You are ordered by the Court to come to Court Room No. #5, Cumberland County Court House, One Court House Square, Carlisle, Pennsylvania on NOVEMBER 22, 2006 at 2:30 P.M., Prevailing Time, to testify on behalf of the Plaintiff-Petitioner, Commerce Bank/Harrisburg, N.A., in the above case, and to remain until excused. 2. And bring with you the following: The documents which are listed in Exhibit "A" which is attached hereto and incorporated herein by reference thereto. The term "document" is defined for purpose of this Subpoena as follows: any written, recorded, printed, handwritten, typed or other graphic matter of any kind or nature howsoever produced or reproduced whether sent or received or neither, including drafts or copies bearing notations or marks not found on or in the original and includes but is not limited to: A. All letters or other forms of correspondence or communication, including envelopes, notes, faxes, telegrams, cables, e-mails, telex messages, messages, reports, notes, notations and memoranda of or relating to telephone conversations or conferences; B. All memoranda, reports, tax returns, financial statements or reports, notes, transcripts, tabulations, studies, analyses, evaluations, projection, work papers, corporate records or copies thereof, lists, comparisons, questionnaires, surveys, charts, graphs, summaries, extracts statistical records and compilations; C. All minutes or transcripts of all meetings; D. All charts and graphs; and/or E. All pictures, diagrams, drawings and/or video recordings If you fail to attend or to produce the documents or things required by this subpoena, you may be subject to the sanctions authorized by Rule 234.5 of the Pennsylvania Rules of Civil Procedure, including but not limited to costs, attorney fees and imprisonment. Dated: September 29, 2006 KAIN, BROWN & ROBERTS LLP Requested by: am, E quiff re 119 E. Market Street York, PA 17401 Telephone: 1-717-843-8968 Fax: 1-717-846-6676 E-mail: JckReam@aol.com Attorney I.D. No. 10241 Attorney for Plaintiff Commerce Bank/Harrisburg, N.A. BY THE COURT, Date: By. ?Iat_dw Proth notary of berla d County, Pennsylvania Seal of the Court DOC # DESCRIPTION QF DOCUMENT 1 Joint Personal Tax Returns of Lester W. and Lillian R. Ginanni for 1999 2 Joint Personal Tax Returns of Lester W. and Lillian R. Ginanni for 2000 3 Joint Personal Tax Returns of Lester W. and Lillian R. Ginanni for 2001 4 Joint Personal Tax Returns of Lester W. and Lillian R. Ginanni for 2002 5 Joint Personal Tax Returns of Lester W. and Lillian R. Ginanni for 2003 6 Joint Personal Tax Returns of Lester W. and Lillian R. Ginanni for 2004 7 Joint Personal Tax Returns of Lester W. and Lillian R. Ginanni for 2005 8 Personal Financial Statements of Lester W. and Lillian R. Gianni issued to Commerce Bank/Harrisburg, N.A. for 1999 9 Personal Financial Statements of Lester W. and Lillian R. Gianni issued to Commerce Bank/Harrisburg, N.A. for 2000 10 Personal Financial Statements of Lester W. and Lillian R. Gianni issued to Commerce Bank/Harrisburg, N.A. for 2001 11 Personal Financial Statements of Lester W. and Lillian R. Gianni issued to Commerce Bank/Harrisburg, N.A. for 2003 12 Personal Financial Statements of Lester W. and Lillian R. Gianni issued to Commerce Bank/Harrisburg, N.A. for 2004 13 Federal Partnership Income Tax Returns for L & L Partners, LTD for 1999 14 Federal Partnership Income Tax Returns for L & L Partners, LTD for 2000 19 Federal Partnership Income Tax Returns for L & L Partners, LTD for 2001 20 Federal Partnership Income Tax Returns for L & L Partners, LTD for 2002 21 Federal Partnership Income Tax Returns for L & L Partners, LTD for 2003 22 Federal Partnership Income Tax Returns for L & L Partners, LTD for 2004 23 Federal Partnership Income Tax Returns for L & L Partners, LTD for 2005 24 Year-End Financial Statement of L & L Partners, LTD for 1999 25 Year-End Financial Statement of L & L Partners, LTD for 2000 26 Year-End Financial Statement of L & L Partners, LTD for 2001 27 Year-End Financial Statement of L & L Partners, LTD for 2002 28 Year-End Financial Statement of L & L Partners, LTD for 2003 28 Year-End Financial Statement of L & L Partners, LTD for 2004 30 Year-End Financial Statement of L & L Partners, LTD for 2005 EXHIBIT "A" L Z :01 V 9- 130 90QZ 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: Docketing Poundage Advertising Law Library Prothonotary Mileage Misc. Surcharge Levy Post Pone Sale Certified Mail Postage Garnishee TOTAL 18.00 2.73 .50 1.00 9.60 60.00 20.00 27.00 138.83 -7/A Advance Costs: 200.00 Sheriff's Costs 138.83 61.17 Refunded to Atty on 07/17/07 So Answers; R. Thomas Kline, Sheriff OE :IlNV LZ8VW9001 33k3HS Ili 30 301330 0 C os C v svi d?w• /?s ??b? WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) N006-680 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due COMMERCE BANK/HARRISBURG N.A. Plaintiff (s) From LESTER W. GINANNI, 1513 HIGH MEADOWS LANE, MECHANICSBURG PA 17055 (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 LESTER W. GINANNI, JR., C/O SHAULL EQT. & SUPPLY COL, 100 W. ARKET ST., P O BOX 612, LEMOYNE PA 17043: LILLIAN R. GINANNI AND L & L PARTNERS, LTD C/O LILLIAM R. GINANNI, 1513 HIGH MEADOWS LANE, MECHANICSBURG PA 17055 GARNISHEE(S) as follows: EXECUTE, LEVY UPON AMD ATTACH THE PARTNERSHIP INTEREST OF DEFT INTHE GARNISHEE L&L PARTNERS, LTD: ALL RIGHT, TITLE AND INIEREST IN ANY FUNDS BELONGING TO AND/OR OWNED BY DEFT IN POSSESSION OF GARNISHEE LESTER W. GINANNI, JR : ALL RIGHT, TITLE AND INTEREST IN ANY TANGIBLE AND OR INTANGIBLE PERSONAL PROPERTY BELONGING TO AND OR OWNED BY DEFT IN POSSESSION OF LESTER W GINANNI, JR, LILLIAN R. GINANNI AND LESTER W GINANNI. 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 $1,009,011.10 Interest Atty's Comm % Atty Paid $75.57 Plaintiff Paid Date: MARCH 20, 2006 (Seal) L.L. $.50 Due Prothy $1.00 Other Costs CURTI R. LONG Prothonotary By: Deputy REQUESTING PARTY: Name JACK F. REAM, ESQ. Address: 119 E. MARKET ST. YORK PA 17401 Attorney for: PLAINTIFF Telephone: (717) 843-8968 Supreme Court ID No. 10241