The URL can be used to link to this page

Home My WebLink About06-1053 a; - /053 ec;J Guaranty Borrower: Joey V. Sullenberger 481 Sample Bridge Road Enola, P A 17025 Lender: Jan B. Castner 6330 Chesterfield Lane Mechanicsburg, P A 17050-2820 Guarantor: Joey V's Inc. 433 N. 21st Street Camp Hill, PA 17111 Lender: Nicholas E. Dunphy, Jr. 517 Reno Street New Cumberland, P A 17070 Principal Amount: $ 284,000.00 Interest Rate: 6.92% Date of Note: May 11, 2005 For valuable consideration, the undersigned, Joey V's Inc. a Pennsylvania Business Corporation ("Guarantor") unconditionally promises to pay on demand to the order of Jan B. Castner and Nicholas E. Dunphy, Jr. ("Lenders"), in lawful money of the United States, any and all indebtedness of Joey V. Sullenberger. (individually and collectively "Debtor") to Lenders. The term "indebtedness of Debtor" refers to the Note executed on May 11,2005 relating to the property restaurant located at 433 N. 21st Street, Camp Hill, PA 17111, in the amount of TWO HUNDRED EIGHTY-FOUR THOUSAND AND 00/100 DOLLARS ($284,000.00)furthermore the term "indebtedness of Debtor" is used herein in its most comprehensive sense, and includes any and all advances to and debts, obligations, and liabilities of Debtor or anyone or more of them, now or hereafter existing, incurred or created, whether voluntary or involuntary and however arising, whether due or not due, secured or unsecured, absolute or contingent, liquidated or unliquidated, determined or undetermined, and regardless whether Debtor may be liable individual or jointly with others or whether recovery upon any such indebtedness may be or hereafter become barred or otherwise unenforceable. This guaranty shall relate to indebtedness of Debtor arising under successive transactions that either continue the indebtedness or from time to time renew it after it has been satisfied. The terms "indebtedness of Debtor" and "indebtedness guaranteed" shall be synonymous. Guarantor shall be and remain liable for all interest charged on the entire indebtedness of Debtor, together with all costs, expenses, and fees for which Debtor shall be or become liable to Lender. This guaranty may be revoked only with respect to indebtedness of Debtor incurred or contracted by Debtor, or acquired by Lender, thirty (30) days or more after the date on which written notice of revocation is actually received by Lender. No notice of revocation hereof shall be effective as to any indebtedness of Debtor (a) existing at the date of receipt of such notice; (b) incurred or contracted by Debtor, or acquired by Lender, within thirty (30) days afterreceipt of such notice; (c) now existing or hereafter created pursuant to or evidenced by that certain Note dated May 11,20054, made by Debtor and payable to the order of Lender in the principal sum of $284,000.00; or (d) renewals, extensions, consolidations, and refinancings of the foregoing. Any revocation of this guaranty by less than all guarantors of the indebtedness of Debtor shall not affect the liability hereunder of the remaining guarantors as to any present or future transactions or indebtedness of the Debtor. The death of any guarantor hereunder shall not operate as a revocation of liability hereunder of the estate of any such guarantor as to transactions entered into or indebtedness created subsequent to such death until actual receipt by Lender of written notice of the death of such guarantor, Repayment of Debtor of the outstanding balance owing under any agreement or instrument that permits Debtor to reborrow monies, shall not affect the liability of Guarantor hereunder. Guarantor waives notice of revocation given by any other guarantor of the indebtedness of Debtor. Guarantor authorizes Lender to do the following from time to time, without notice or demand, and without affecting Guarantor's liability hereunder: (a) renew, extend (including extensions beyond the original term), accelerate the time for payment, or otherwise modifY or change the terms of any indebtedness of Debtor or of any guarantor thereof or of the indebtedness guaranteed, including increasing or decreasing the rate of interest thereon; (b) take and hold security for the payment of this guaranty or the indebtedness of Debtor; (c) exchange, enforce, waive, consent to the transfer of, or release any security for the payment of the indebtedness of Debtor or this guaranty, or apply such security and direct the order or manner of sale thereof as Lender in his discretion may determine; (d) release or substitute anyone or more of the guarantors of the indebtedness of Debtor; and (e) release (by operation of law or otherwise), discharge, settle, compromise, or consolidate any indebtedness of Debtor or any guarantor of the indebtedness of Debtor. Lender may without notice assign this guaranty in whole or in part Guarantor waives (a) any right to require Lender to proceed against Debtor, to proceed against or exhaust any security held from Debtor, or to pursue any other remedy in Lender's power security held from Debtor, or to pursue any other remedy in Lender's power whatsoever; (b) any defense arising by reason of any disability or other defense of Debtor or by reason ofthe cessation from any cause whatsoever of the liability of Debtor; (c) all presentments, demands for performance, notice of nonperformance, protests, notices of protest, notices of dishonor, notice of acceptance of this guaranty, and of the existence, creation, or incurring of new or additional indebtedness, and notices of any disposition of any security for the indebtedness; and (d) any and all right or entitlement to be advised or notified by Lender of any change in Debtor's financial condition. Guarantor shall remain liable to Lender for the differences by which the net proceeds of disposition of any security for the indebtedness of Debtor actually received by Lender is less than the indebtedness of Debtor. At the option of the holder hereof, upon the occurrence of any of the following, all obligations hereunder shall become immediately fixed, due and payable, the same as if the indebtedness guaranteed had become in default or past due, without demand or notice of any kind, all of which are hereby expressly waived: (a) the indebtedness of Debtor, or any portion thereof, or any other sum owing by Guarantor to Lender is not paid as agreed; (b) any petition or application for a custodian, as defined by Title II, u.s. Code, as amended from time to time (the Bankruptcy Code), or for any form of relief under any provision of the Bankruptcy Code or any other law pertaining to reorganization, insolvency, or readjustment of debts is filed by or against Guarantor or Debtor, or any partnership of which Guarantor or Debtor is a partner, or their respective assets or affairs; (c) Guarantor or Debtor makes an assignment for the benefit of creditors, is not paying debts as they become due, or is granted an order for relief under any chapter of the Bankruptcy Code; (d) a custodian, as defined by the Bankruptcy Code, takes charge of any property or Guarantor or Debtor, or any property of any partnership of which Guarantor or Debtor is a partner; (e) garnishment, attachment, levy, or execution is issued against any of the property or effects of Guarantor or Debtor, or any partnership of which Guarantor or Debtor is a partner; (t) the death, dissolution, or termination of existence of Guarantor; (g) there is any default or breach of any representation, warranty, or covenant, or any false statement or material omission by Guarantor under any document forming part of the transaction in respect of which this guaranty is made or forming part of any other transaction under which Guarantor is indebted to Lender; or (h) the holder hereof in good faith deems itself insecure for any reason or believes that the prospect of payment of the indebtedness by Guarantor or Debtor is impaired. Until all indebtedness of Debtor to Lender shall have been paid in full, Guarantor shall have no right of subrogation, and waives any right to enforce any remedy that Lender now has or may hereafter have against Debtor, and waives any benefit of, and any right to participate in any security now or hereafter held by Lender. Any indebtedness of Debtor now or hereafter owed to Guarantor is hereby subordinated to the indebtedness of Debtor to Lender, and such indebtedness of Debtor to Guarantor, if Lender so requests, shall be collected, enforced, and received by Guarantor as trustee for Lender and be paid over to Lender on account of the indebtedness of Debtor to Lender, but without reducing or affecting in any manner the liability of Guarantor under the other provisions of this guaranty. Guarantor hereby agrees (a) if a claim is made upon Lender at any time for the repayment or recovery of any amount or other value received by Lender from any source in payment of or on account of any of the indebtedness of Debtor guaranteed hereunder, and Lender repays or otherwise becomes liable for all or any part of such claim by reason of any administrative or judicial judgment, decree, or order, or by reason of any settlement or compromise of any such claim, Guarantor shall remain liable to Lender hereunder for the amount so repaid or for which Lender is otherwise liable, to the same extent as if such amount had never been received by Lender, notwithstanding any termination hereof or the cancellation of any instrument or agreement evidencing any indebtedness of Debtor; (b) that any written modification, extension, or renewal of the indebtedness guaranteed made by Guarantor shall constitute a representation and warranty of Guarantor that the unpaid balance of principal, interest, and other sums owing hereunder at the time of such modification, renewal, or extension are owed by Guarantor without adjustment for offset, counterclaim, or other defense of any kind against Lender; (c) Guarantor shall not be released or discharged, either in whole or in part, by Lender's failure to timely or otherwise perfect or continue the perfection of any security interest in any property that secures the indebtedness of Debtor or the indebtedness guaranteed, or to protect the property covered by such security interest; (d) Guarantor shall remain liable notwithstanding any claim that the disposition of any security for the indebtedness of Debtor was not commercially reasonable; ( e) that the acceptance by the holder hereof of any performance that does not comply strictly with the terms hereof shall not be deemed to be a waiver or bar of any right of said holder, nor a release of any obligation of Guarantor to the holder hereof; (t) that Guarantor is and shall remain subject to the in personam, in rem, and subject matter jurisdiction ofthe Courts of Pennsylvania (including the Federal District Court for the Middle District of Pennsylvania) for all purposes pertaining to this agreement and all documents and instruments executed in connection herewith, securing the same, or in any way pertaining hereto; (g) the obligations hereunder are joint and several (if signed by more than one person), and independent of the obligations of Debtor, and a separate action or actions may be brought and prosecuted against Guarantor whether action is brought against Debtor or whether Debtor be joined in any such action or actions, and Debtor shall not be required to be joined in any action brought to enforce this guaranty, and Guarantor waives the right to require joinder of Guarantor in any action to enforce the liability of Debtor; (h) that this guaranty shall be governed by the laws of Pennsylvania; (i) to pay the holder hereof upon demand any and all costs, expenses, and fees (including reasonable attorney fees) incurred in enforcing or attempting to recover payment of the amounts due under this guaranty, including negotiating, documenting, and otherwise pursuing or consummating modifications, extensions, compositions, renewals, or other similar transactions pertaining to this guaranty or the indebtedness of Debtor, irrespective of the existence of an event of default, and including costs, expenses, and fees incurred before, after, or irrespective of whether suit is commenced and, in the event suit is brought to enforce payment hereof, such costs, expenses, and fees and all other issues in such suit shall be determined by a court sitting without a jury; and (j) if married, that recourse may be made against his or her separate property for all his or her obligations under this guaranty. Confession of Judgment. GUARANTOR HEREBY IRREVOCABLY AUTHORIZES AND EMPOWERS ANY ATTORNEY OR THE PROTHONOTARY OF ANY COURT IN THE COMMONWEALTH OF PENNSYLVANIA, OR ELSEWHERE, TO APPEAR AT ANY TIME FOR GUARANTOR AFTER THE AMOUNTS HEREUNDER BECOME DUE AND WITH OR WITHOUT COMPLAINT FILED, CONFESS OR ENTER JUDGMENT AGAINST GUARANTOR FOR THE ENTIRE PRINCIPAL BALANCE OF THIS GUARANTY AND ALL ACCRUED INTEREST, LATE CHARGES AND ANY AND ALL AMOUNTS EXPENDEDORADV ANCED BY LENDER RELATING TO ANY COLLATERAL SECURING THE INDEBTEDNESS, 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 ($500.00) ON WHICH JUDGMENT OR JUDGMENTS ONE OR MORE EXECUTIONS MAY ISSUE IMMEDIA TEL Y; 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 THAT 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 JUDGEMENT 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 In all cases where there is more than one Debtor or Guarantor, then all words used herein in the singular shall be deemed to have been used in the plural where the context and construction so require, and the words "Debtor" and "Guarantor," respectively, shall mean all and anyone or more ofthem. IN WITNESS W~EREOF, and intending to be legally bound hereby, Guarantor has executed this Guaranty this IJ!. aay of May, 2005 JOEY V'S INC. ! IJ PROMISSORY NOTE Borrower: Joey V. Sullenberger 481 Sample Bridge Road Enola, P A 17025 Lender: Jan B. Castner 6330 Chesterfield Lane Mechanicsburg, P A 17050-2820 Lender: Nicholas E. Dunphy, Jr, 517 Reno Street New Cumberland, PA 17070-1947 Principal Amount: $ 284,000.00 Interest Rate: 6.92% Date of Note: May 11, 2005 PROMISE TO PAY. Joey V. SuHenberger, (hereafter as "Borrower") promises to pay to Jan B. Castner and Nicholas E. Dunphy, Jr. ("Lender") Fifty Thousand and 00/100 DoHars ($50,000.00) in lawful money of the United States of America as a received on this day as a down payment, and the remaining principal amount of Two Hundred and Thirty-Four and 00/100 DoHars ($234,000.00), together with interest on the unpaid principal balance from May 11, 2005 until paid in fulL PAYMENT. This loan is payable over Sixty two (62) months. Borrower will pay this loan with interest computed on the unpaid principal balance at the rate of 6.92% per annum in 62 equal monthly installments of$4,500.00 with the first payment due and payable on May 11, 2005. Borrower's final balloon payment will be due on July 11,2010, and will be for all principal and all accrued interest not yet paid. Payments include principal and interest. 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. The annual interest rate for this Note is computed on a 365/360 basis;thatis, by applying the ratio of the annual interest rate over a year of360 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. FIXED INTEREST RATE. per annum. The interest rate on this Note is fixed at the rate of 6,92% SUBMISSION OF TAX RETURNS. Borrower shall submit with each monthly installment to Lender a copy of the previous month's sales tax return along with a copy of the returned check endorsed by the Department of Revenue evidencing payment of any sales tax liability to the Pennsylvania Department of Revenue, Borrower upon the filing of any personal, corporate or partnership tax return including but not limited to the foHowing (i) Federal Income Tax, (ii) State Income Tax, (iii) Pennsylvania Capital Stock Tax, (iv) Federal Withholding Tax Return, (v) Federal Employer's Unemployment Return, . . EXHIBIT "A" (vi) Pennsylvania State Withholding Tax Return and (vii) Pennsylvania Employee Unemployment Tax Return shall provide a copy of the return to Lender along with sufficient proof of payment. LATE CHARGE. If a payment is 10 days or more late, Borrower will be charged 10% of the regularly scheduled payment. INTEREST AFTER DEF AUL T. Upon default, including failure to pay upon final maturity, Lender, at its option, may, if permitted under applicable law, increase the interest rate on this Note to the maximum rate permitted by applicable law. The interest rate will not exceed the maximum rate permitted by applicable law. If judgment is entered in connection with this Note, interest will continue to accrue on this Note after judgment at the interest rate applicable to this Note at the time judgment is entered. DEFAULT. Each of the following shall constitute an event of default ("Event of Default") under this note: PAYMENT DEF AUL T. Borrower fails to make any payment when due. OTHER DEFAULTS. Borrower or any Guarantor fails to comply with or to perform any other term, obligation, covenant, or condition contained in this Note or in any of the related documents or to comply with or to perform any term, obligation, covenant or condition contained in any other agreement between Lender and Borrower. DEFAULT IN FAVOR OF THIRD PARTIES. Borrower or any Guarantor defaults under any loan, extension of credit, security agreement, purchase of sales agreement, or any other agreement, in favor of any other creditor or person that may materially affect any of Borrower's property or Borrower's ability to repay this Note or perform Borrower's obligations under this Note or any of the related documents. FALSE STATEMENTS. Any warranty, representation, or statement made or furnished to Lender by Borrower or on Borrower's behalf under this Note or the related documents is false or misleading in any material respect, either now or at the time made or furnished or becomes false or misleading at any time thereafter. INSOLVENCY. The dissolution or termination of Borrower's existence as a going business, the insolvency of Borrower, the appointment of a receiver for any part of Borrower's property, any assignment for the benefit of creditors, any type of creditor workout, or the commencement of any proceeding under any bankruptcy or insolvency laws by or against Borrower. CREDITOR OR FORFEITURE PROCEEDINGS. Commencement of foreclosure or forfeiture proceedings, whether by judicial proceeding, self-help, repossession or any other method, by any creditor of Borrower or by any governmental agency against any collateral securing the loan. This includes a garnishment of any of Borrower's accounts, including deposit accounts, with Lender. However, this Event of Default shall not apply ifthere is a good faith dispute by Borrower as to the validity of reasonableness of the claim which is the basis of the creditor or forfeiture proceeding and if Borrower gives Lender written notice of the creditor or forfeiture proceeding and deposits with Lender monies or a surety bond for the creditor or forfeiture proceeding, in an amount determined by Lender, in its sole discretion, as being an adequate reserve or bond for the dispute, EVENTS AFFECTING GUARANTOR. Any of the preceding events occurs with respect to any Guarantor of any of the indebtedness or any Guarantor dies or becomes incompetent, or revokes or disputes the validity of, or liability under, any guaranty of the indebtedness evidenced by this Note. ADVERSE CHANGE. A material adverse change occurs in Borrower's financial condition, or Lender believes the prospect of payment or performance of this Note is impaired. INSECURITY. Lender in good faith believes itself insecure. LENDER'S RIGHTS. Upon default, Lender may, after giving such notice as required by applicable law, declare the entire unpaid principal balance on this note and all accrued unpaid interest immediately due, without notice, and then Borrower will pay that amount. A TTORNEYIS FEES; EXPENSES. Lender may hire or pay someone else to help collect this Note if Borrower does not pay. Borrower will pay Lender that amount. This includes, subject to any limits under applicable law, Lender's reasonable attorney's fees and Lender's legal expenses, whether or not there is a lawsuit, including attorney's fees, expenses for bankruptcy proceedings (including any efforts to modifY or vacate any automatic stay or injunction), appeals and any anticipated post-judgment collection services. If not prohibited by applicable law, Borrower will also pay any court costs, in addition to all other sums provided by law. WAIVER OF JURY TRIAL. THE BORROWER IRREVOCABLY W AlVES ANY AND ALL RIGHTS THE BORROWER MAY HAVE TO A TRIAL BY JURY IN ANY ACTION, PROCEEDING, OR CLAIM OF ANY NATURE RELATING TO THIS NOTE, ANY DOCUMENTS EXECUTED IN CONNECTION WITH THIS NOTE OR ANY TRANSACTION CONTEMPLATED IN ANY OF SUCH DOCUMENTS. THE BORROWER ACKNOWLEDGES THAT THE FOREGOING WAIVER IS KNOWING AND VOLUNTARY. GOVERNING LAW. This Note will be governed by, construed and enforced in accordance with federal law and the laws of the Commonwealth of Pennsylvania. This Note has been accepted by Lender in the Commonwealth of Pennsylvania and is related to a commercial transaction. This transaction is not in connection with a consumer credit transaction. CHOICE OF VENUE. If there is a lawsuit, Borrower agrees upon Lender's request to submit to the jurisdiction of the courts of Cumberland County, Pennsylvania. COLLATERAL. Borrower acknowlegges that this Note is secured by the terms and conditions of a Purchase Agreement dated 1-& 1" c.- J,! 2c( 'S. all the terms and conditions of which are hereby incorporated and made a part ofthis Note. SUCCESSOR INTERESTS. The terms of this Note shall be binding upon Borrower and upon Borrower's heirs, personal representatives, successors and assigns, and shall inure to the benefit of Lender and its successors and assigns. GENERAL PROVISIONS. Lender may delay or forgo enforcing any of its rights orremedies under this Note with 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, and notice of dishonor. Upon any change in the terms of this Note, and unless otherwise expressly stated in writing, no party who signs this Note, whether as a maker, guarantor, accommodation maker or endorser, shall be released from liability. All such parties agree that Lender may renew or extend (repeatedly and for any length of time) this loan or release any party or guarantor or collateral; or impair, fail to realize upon or perfect Lender's security interest in the collateral; and take any other action deemed necessary by Lender without the consent of or notice to anyone. All such parties also agree that Lender may modify this loan without the consent of or notice to anyone other than the party with whom the modification is made. The obligations under this Note are joint and severaL If any portion of this Note is for any reason determined to be unenforceable, it will not affect the enforceability of any other provisions of this Note. CONFESSION OF JUDGMENT: BORROWER HEREBY EMPOWERS ANY ATTORNEY OF ANY COURT OF RECORD, TO APPEAR FOR BORROWER AND, WITH OR WITHOUT COMPLAINT FILED, CONFESS JUDGMENT, OR A SERIES OF JUDGMENTS, AGAINST BORROWER IN FAVOR OF LENDER OR ANY HOLDER HEREOF FOR THE ENTIRE PRINCIPAL BALANCE OF THIS NOTE, ALL ACCRUED INTEREST AND ALL OTHER AMOUNTS DUE HEREUNDER, TOGETHER WITH COSTS OF SUIT AND AN ATTORNEY'S COMMISSION OF THE GREATER OF 10% OF SUCH PRINCIPAL AND INTEREST OR $1,000.00 ADDED AS A REASONABLE ATTORNEY'S FEE, AND FOR DOING SO, THIS NOTE OR A COPY VERIFIED BY AFFIDAVIT SHALL BE A SUFFICIENT WARRANT. BORROWER HEREBY FOREVER WAIVES AND RELEASES ALL ERRORS IN SAID PROCEEDINGS AND ALL RIGHTS OF APPEAL AND ALL RELIEF FROM ANY AND ALL APPRAISEMENT, STAY OR EXEMPTION LAWS OF ANY STATE NOW IN FORCE OR HEREAFTER ENACTED. INTEREST ON ANY SUCH JUDGMENT SHALL ACCRUE AT THE DEFAULT RATE. NO SINGLE EXERCISE OF THE FOREGOING POWER TO CONFESS JUDGMENT, OR A SERIES OF JUDGMENTS, SHALL BE DEEMED TO EXHAUST THE POWER, WHETHER OR NOT ANY SUCH EXERCISE SHALL BE HELD FROM TIME TO TIME AS OFTEN AS LENDER SHALL ELECT UNTIL SUCH TIME AS LENDER SHALL HAVE RECEIVED PAYMENT IN FULL OF THE DEBT, INTEREST AND COSTS. NOTWITHSTANDING THE ATTORNEY'S COMMISSION PROVIDED FOR IN THE PRECEDING PARAGRAPH (WHICH IS INCLUDED IN THE WARRANT FOR PURPOSES OF ESTABLISHING A SUM CERTAIN), THE AMOUNT OF ATTORNEY'S FEES THAT LENDER MAY RECOVER FROM THE BORROWER SHALL NOT EXCEED THE ACTUAL ATTORNEY'S FEES INCURRED BY LENDER. PRIOR TO SIGNING THIS NOTE, BORROWER READ AND UNDERSTOOD ALL THE PROVISIONS OF THIS NOTE. BORROWER AGREES TO THE TERMS OF THIS NOTE. This note is given under seal and it is intended that this note is and shall constitute and have the effect of a se \instrument according to law. BORROWER: '"7 Amortization Schedule 234,000.00 6.92% 5/11/2005 62 62 $4,500.00 6/11/2005 . Prlnlcpal Amount $ Interest Rate Date of Note Term (months) Amortization Period Payment Amount First Payment Date Final Pavment Amount Date Interest Principal New Principal Year-to-Date Year-to-Date Total Interest Total Principal Interest Princioai Paid Paid 6/11/2005 $ 1,349.81 $ 3,150.19 $ 230,849.81 $ 1,349.81 $ 3,150.19 $ 1,349.81 $ 3,150.19 7/11/2005 $ 1,331.63 $ 3,168.37 $ 227,681.44 $ 2,681.44 $ 6,318.56 $ 2,681.44 $ 6,318.56 8/11/2005 $ 1,313.36 $ 3,186.64 $ 224,494.80 $ 3,994.80 $ 9,505.20 $ 3,994.80 $ 9,505.20 9/11/2005 $ 1,294.98 $ 3,205.02 $ 221,289.77 $ 5,289.77 $ 12,710.23 $ 5,289.77 $ 12,710.23 10/11/2005 $ 1,276.49 $ 3,223.51 $ 218,066.26 $ 6,566.26 $ 15,933.74 $ 6,566.26 $ 15,933.74 11/11/2005 $ 1,257.89 $ 3,242.11 $ 214,824.16 $ 7,824.16 $ 19,175.84 $ 7,824.16 $ 19,175.84 12/11/2005 $ 1,239.19 $ 3,260.81 $ 211,563.35 $ 9,063.35 $ 22,436,65 $ 9,063.35 $ 22,436.65 1/11/2006 $ 1,220.38 $ 3,279.62 $ 208,283.73 $ 1,220.38 $ 3,279.62 $ 10,283.73 $ 25,716.27 2/11/2006 $ 1,201.46 $ 3,298.54 $ 204,985.19 $ 2,421.85 $ 6,578.15 $ 11,485.19 $ 29,014.81 3/11/2006 $ 1,182.44 $ 3,317.56 $ 201,667.63 $ 3,604.28 $ 9,895.72 $ 12,667.63 $ 32,332.37 4/11/2006 $ 1,163.30 $ 3,336.70 $ 198,330.93 $ 4,767.58 $ 13,232.42 $ 13,830.93 $ 35,669.07 5/11/2006 $ 1,144.05 $ 3,355.95 $ 194,974.98 $ 5,911.64 $ 16,588.36 $ 14,974.98 $ 39,025.02 6/11/2006 $ 1,124.69 $ 3,375.31 $ 191,599.68 $ 7,036.33 $ 19,963.67 $ 16,099.68 $ 42,400.32 7/1112006 $ 1,105.22 $ 3,394.78 $ 188,204.90 $ 8,141.55 $ 23,358.45 $ 17,204.90 $ 45,795.10 8/11/2006 $ 1,085.64 $ 3,414.36 $ 184,790.54 $ 9,227.19 $ 26,772.81 $ 18,290.54 $ 49,209.46 9/11/2006 $ 1,065.95 $ 3,434.05 $ 181,356.49 $ 10,293.14 $ 30,206.86 $ 19,356.49 $ 52,643.51 10/11/2006 $ 1,046.14 $ 3,453.86 $ 177,902.62 $ 11,339.28 $ 33,660.72 $ 20,402.62 $ 56,097.38 11/11/2006 $ 1,026.21 $ 3,473.79 $ 174,428.84 $ 12,365.49 $ 37,134.51 $ 21,428.84 $ 59,571.1 6 12/11/2006 $ 1,006.18 $ 3,493.82 $ 170,935.01 $ 13,371.67 $ 40,628.33 $ 22,435.01 $ 63,064.99 1/11/2007 $ 986.02 $ 3,513.98 $ 167,421.03 $ 986.02 $ 3,513.98 $ 23,421.03 $ 66,578.97 2/11/2007 $ 965.75 $ 3,534.25 $ 163,886.79 $ 1,951.77 $ 7,048.23 $ 24,386.79 $ 70,113.21 3/11/2007 $ 945.36 $ 3,554.64 $ 160,332.15 $ 2,897.14 $ 10,602.86 $ 25,332.15 $ 73,667.85 4/11/2007 $ 924.86 $ 3,575.14 $ 156,757.01 $ 3,822.00 $ 14,178.00 $ 26,257.01 $ 77,242.99 5/11/2007 $ 904.24 $ 3,595.76 $ 153,161.25 $ 4,726.24 $ 17,773.76 $ 27,161.25 $ 80,838.75 6/11/2007 $ 883.50 $ 3,616.50 $ 149,544.74 $ 5,609.73 $ 21,390.27 $ 28,044.74 $ 84,455.26 7/11/2007 $ 862.63 $ 3,637.37 $ 145,907.38 $ 6,472.36 $ 25,027.64 $ 28,907.38 $ 88,092.62 8/11/2007 $ 841.65 $ 3,658.35 $ 142,249.03 $ 7,314.02 $ 28,685.98 $ 29,749.03 $ 91,750.97 9/11/2007 $ 820.55 $ 3,679.45 $ 138,569.58 $ 8,134.57 $ 32,365.43 $ 30,569.58 $ 95,430.42 1 0/11/2007 $ 799.32 $ 3,700.68 $ 134,868.90 $ 8,933.89 $ 36,066.11 $ 31,368.90 $ 99,131.10 11/11/2007 $ 777.98 $ 3,722.02 $ 131,146.88 $ 9,711.87 $ 39,788.13 $ 32,146.88 $ 102,853.12 12/11/2007 $ 756.51 $ 3,743.49 $ 127,403.39 $ 10,468.38 $ 43,531.62 $ 32,903.39 $ 106,596.61 1/11/2008 $ 734.91 $ 3,765.09 $ 123,638.30 $ 734.91 $ 3,765.09 $ 33,638.30 $ 110,361.70 2/11/2008 $ 713.20 $ 3,786.80 $ 119,851.50 $ 1 ,448.11 $ 7,551.89 $ 34,351.50 $ 114,148.50 3/11/2008 $ 691.35 $ 3,808.65 $ 116,042.85 $ 2,139.46 $ 11,360.54 $ 35,042.85 $ 117,957.15 4/11/2008 $ 669.38 $ 3,830.62 $ 112,212.23 $ 2,808.84 $ 15,191.16 $ 35,712.23 $ 121,787.77 5/11/2008 $ 647.29 $ 3,852.71 $ 108,359.52 $ 3,456.13 $ 19,043.87 $ 36,359.52 $ 125,640.48 6/11/2008 $ 625.06 $ 3,874.94 $ 104,484.58 $ 4,081.19 $ 22,918.81 $ 36,984.58 $ 129,515.42 7/11/2008 $ 602.71 $ 3,897.29 $ 100,587.29 $ 4,683.90 $ 26,816.10 $ 37,587.29 $ 133,412.71 8/11/2008 $ 580.23 $ 3,919.77 $ 96,667.52 $ 5,264.13 $ 30,735.87 $ 38,167.52 $ 137,332.48 9/11/2008 $ 557.62 $ 3,942.38 $ 92,725.13 $ 5,821.74 $ 34,678.26 $ 38,725.13 $ 141,274.87 1 0/11/2008 $ 534.88 $ 3,965.12 $ 88,760.01 $ 6,356.62 $ 38,643.38 $ 39,260.01 $ 145,239.99 11/11/2008 $ 512.00 $ 3,988.00 $ 84,772.01 $ 6,868.62 $ 42,631.38 $ 39,772.01 $ 149,227.99 12/11/2008 $ 489.00 $ 4,011.00 $ 80,761.01 $ 7,357.62 $ 46,642.38 $ 40,261.01 $ 153,238.99 1/11/2009 $ 465.86 $ 4,034.14 $ 76,726.87 $ 465.86 $ 4,034.14 $ 40,726.87 $ 157,273.13 2/11/2009 $ 442.59 $ 4,057.41 $ 72,669.46 $ 908.45 $ 8,091.55 $ 41,169.46 $ 161,330.54 3/11/2009 $ 419.19 $ 4,080.81 $ 68,588.65 $ 1,327.64 $ 12,172.36 $ 41,588.65 $ 165,411.35 4/11/2009 $ 395.65 $ 4,104.35 $ 64,484.30 $ 1,723.29 $ 16,276.71 $ 41,984.30 $ 169,515.70 5/11/2009 $ 371.97 $ 4,128.03 $ 60,356.27 $ 2,095.26 $ 20,404.74 $ 42,356.27 $ 173,643.73 6/11/2009 $ 348.16 $ 4,151.84 $ 56,204.43 $ 2,443.42 $ 24,556.58 $ 42.704.43 $ 177,795.57 7/11/2009 $ 324.21 $ 4,175.79 $ 52,028.64 $ 2,767.63 $ 28,732.37 $ 43,028.64 $ 181,971.36 8/11/2009 $ 300.12 $ 4,199.88 $ 47,828.76 $ 3,067.75 $ 32,932.25 $ 43,328.76 $ 186,171.24 9/11/2009 $ 275.90 $ 4,224.10 $ 43,604.65 $ 3,343.64 $ 37,156.36 $ 43,604.65 $ 190,395.35 10/11/2009 $ 251.53 $ 4,248.47 $ 39,356.18 $ 3,595.17 $ 41,404.83 $ 43,856.18 $ 194,643.82 11/11/2009 $ 227.02 $ 4,272.98 $ 35,083.21 $ 3,822.20 $ 45,677.80 $ 44,083.21 $ 198,916.79 12/11/2009 $ 202.37 $ 4,297.63 $ 30,785.58 $ 4,024.57 $ 49,975.43 $ 44,285.58 $ 203,214.42 1/11/2010 $ 177.58 $ 4,322.42 $ 26,463.16 $ 177.58 $ 4,322.42 $ 44,463.16 $ 207,536.84 2/11/2010 $ 152.65 $ 4,347.35 $ 22,115.81 $ 330.23 $ 8,669.77 $ 44,615.81 $ 211,884.19 3/11/2010 $ 127.57 $ 4,372.43 $ 17,743.39 $ 457.81 $ 13,042.19 $ 44,743.39 $ 216,256.61 4/11/2010 $ 102.35 $ 4,397.65 $ 13,345.74 $ 560.16 $ 17,439.84 $ 44,845.74 $ 220,654.26 5/11/2010 $ 76.98 $ 4,423.02 $ 8,922.72 $ 637.14 $ 21,862.86 $ 44,922.72 $ 225,077.28 6/11/2010 $ 51.47 $ 4,448.53 $ 4,474.19 $ 688.61 $ 26,311.39 $ 44,974.19 $ 229,525.81 7/11/2010 $ 25.81 $ 4,474.19 $ (0.00) $ 714.42 $ 30,785.58 $ 45,000.00 $ 234,000.00 DISCLOSURE FOR CONFESSION OF JUDGMENT Borrower: JoeyV. Sullenberger 481 Sample Bridge Road Enola, P A 17025 Lender: Jan B. Castner 6330 Chesterfield Lane Mechanicsburg, P A 17050-2820 Guarantor: Joey V's Inc. 433 N. 21" Street Camp Hill, PA 17111 Lender: Nicholas E. Dunphy, Jr. 517 Reno Street New Cumberland, P A 17070 DISCLOSURE FOR CONFESSION OF JUDGMENT 1 am executing on this 11th day of May, 2005, a note for the principal amount of$ 284,000.00 A. I understand that the note contains a confession of judgment that will permit Lender to enter judgment against me in court, without advance notice to me and without offering to me an opportunity to defend against the entry of judgment. In executing the note, 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 note, I are 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 enteringjudfjen; aga~nst me by confession as provided for in the confession of judgment provision. Initials: u--- 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 note also contains language that would permit Lender, after entry of judgment, again without either advance notice or a hearing, 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. In executing the note, being fully aware of my rights to advance notice and a hearing after judgment is entered and before execution on the judgment, I am knowingly, intelligently and voluntarily waiving these rights, and I express y agree and consent to Lender's immediately executing on the judgment, in any manner permitte y pplicable state and federal law, without giving me any advance notice. Initials: C. After having read and determined which of the following statements are applicable, and by placing rfly .i~s next to each statement that applies, I represent that: Initials: ~ I. I was represented by my own independent legal counsel in connection with the note. ~ 2. A representative of Lender specifically called the confession of judgment provision in the note to my attention. D. I certify that my annual income exceeds $10,000.00; that the blanks in this disclosure were filled in when I initialed and signed it; and that I received a copy at the time of signing. E. This Note is given in connection with a commercial transaction and not in connection with a consumer credit transaction. This disclosure is given under seal and it is intended that this disclosure is and shall constitute and have the effect of a sealed instrument according to law. Affiant: JOEY V'S INC. t enberger, President ~ 1~ --- L ~ ~ l..J ~ ~ /~ C, ..... "- lr." ~ ,". l", ~ & (;:) ~ ~ 'b \, '\.'\. ~ ~~ ~ ~ ~~ t ~ (~, , --"i'J -r-"! --, r' p-, "- I',) .---- C') ... {-' >' . ~ PRAECIPE FOR WRIT OF EXECUTION (MONEY JUDGMENTS) P.R.C.P. 3101 to 3149 JAN B. CASTNER AND NICHOLAS E. DUNPHY, JR. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Writ No. Term 20 plaintiff NO. 2006-1053 CIVIL Term 209.2..-- VS Amount due $ 214,824.16 JOEY V. SULLENBERGER AND JOEY V'S INC., GUARANTOR 433 N.21ST ST.. CAMP HILL PA 17011 Defendant (5) VS COMMERCE BANK Garnishee Interest FROM DATE OF JUDG. (02/22/06) Atty' 5 Carom. $ 10,741.21 and Costs TO BE DETERMINED$ TO THE PROTHONOTARY OF SAID COURT: ISSUE WRIT OF EXECUTION IN THE ABOVE MATTER, (1) Directed to the Sheriff of ~~ County, Pennsylvania; (2) against JOEY V. SULLENBERGER AND JOEY V'S INC., GUARANTOR (3) and against COMMERCE BANK Defendant (s) Garnishee (s). (4) and index this writ (a) against JOEY V. SULLENBERGER AND JOEY V'S INC.. GUARANTOR (b) against COMMERCE BANK Defendant(s) and Garnishee (s) , as a lis pendens against the real property of the defendant(s) in the name of the Garnishee(s) as follows: (Specifically describe property and note any specific direction to Sheriff) Furnish 4 copies for real estate levy) LEVY UPON ANY PERSONAL PROPERTY OF ABOVE-LISTED DEFENDANT(S) AT THE ABOVE ADDRESS, SEIZING ANY CASH ON PREMISES AT TIME OF LEVY. ALSO, SEIZE AND/OR LEVY ON THE ABOVE-LISTED DEFENDANTS' PENNSYLVANIA LIQUOR CONTROL BOARD RETAIL RESTAURANT LIQUOR LICENSE # R-09473, LID #54552. PLEASE GARNISH COMMERCE BANK, AT THE ADDRESS OF 100 SENATE A ,CAMP HILL PA 1701 , ANY ACCOUNTS UNDER DEFENDANT'S NAME AND/OR SOC:tAL SEC1:1RJ:TY NO. /91 -~6 - i (5) Exemption has (not) been waived. / , ~ // Dated 04/05/06 obert D. Kodak, Esquire PO Box 11848 Harrisburg, PA 17108 (717) 238-7159 Attorney For Plaintiff(s) '(~)vOl~ aln~ aas 'paJTsap lOT suapuad STT e lOe oUTxapuT pue paq~e~~e lOT aaqsTUJe6 aq::+ JO aweu alg uT };;:~.:rado.:rd lea.:r 1T ATUO pa~aldwo:> aq PTnoqs (q) (v) qde.loeJed '(q)VOIf aln~ ass 'AJe~ouoq~o.:rd aq~ };;:q ^::+uno~ ~eq~ UT as.:rno:> JO lOe pa.:rrnba.:r lOT 6ulxapuT ^~uno:> .:raq~oue o~ sanssl ~T.:rM aq~ ua~ '(e)VOIf aln~ Aq PBZT.loq~ne lOe pa.:rTsap lOT 'a~ue.:rnssT ]0 A~unoo aq~ u1 lOUoT~noaXa aq~ ]0 6uTxapu1 ]1 ATuO pa~aldwoo aq PTnoqs (e) (v) qde.:r6e.:red '(~1.lM aq~ uT papnrou1 aq o~ lOT aaqsTUJe6 paweu e UT ATUO pa~aTdwoo aq Plnoqs ahoqe) (() qdeJ6eJea 'panssT qOTqM UT ^~uno:> aq~ JO JJ1Jaqs aq4 04 ATUO pa4~aJTP aq Aew ~uaw6pn~ pa.:rJaJsueJ4 e uo panssT 11JM e (O)(OI€ aTn~ JapUn 'pa~e~TPuT aq PTnoqs };;:1uno~ aq1 '(q)(Olf aTn~ };;:q pazT.loq1ne lOe ^~uno~ Jaq40ue ]0 lJTJaqs aq4 01 pa~:>aJTP lOT 4TJM aq4 uaqM (1) qdeJ6e.:red Japun 3.LON I ::gl >-< U) w 0 0 :5 0 '" '" Co Z s s 0 0 ... ... :r: QP:; H Ul '" '" u ~8 0-< ... ... H ::> "" z ~I u "" P:; W -M Q ':> X -W ~ W C , -M >-< U) Wt'J P:; ro H P:; :r: :> o:l 0 "" rl H W P< Z r... ro P< > Z S W 'CJ H 0-< H U u W 0 ;.. U) Q H Z P< :>:: 0 '" ..; ::> H H "" "' U U) 0 W U) U '---. M ~ Q >, oJ I , OJ '" o:l :>:> -W C ~ 0 0 Z 0 ~ >-< P< ;.. ;.. '" OJ 0 -i-l W .0 -W -M 0 0 -W Jl ... 0 Co :< z P:; ..; ~ ~ " .,~~ ~ 1 . " -- '- :~ Q(I) , cj '- J ~ "--10 :: ~ '-::, '.. d -....j ~ ~ -- "'J --Ji ~ J.. \) ,J ~ -.....9 () <J I >--- () () a \J () V) ~ -+ Iv, V) UJ ........ - ---.: c:} Vi CJ-o '6 'by- "'J l li ~ --- 0 :] ro ~ Ci . WRIT OF EXECUTION and/or ATTACHMENT ~ COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 06-1053 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due JAN B. CASTNER AND NICHOLAS E. DUNPHY, JR., Plaintiff (s) From JOEY V. SULLENBERGER AND JOEY V'S INC., GUARANTOR, 433 N. 21sT ST., CAMP HILL, P A 17011 (1) You are directed to levy upon the property of the defendant (s)and to sell LEVY UPON ANY PERSONAL PROPERTY OF ABOVE-LISTED DEFENDANT(S) AT THE ABOVE ADDRESS, SEIZING ANY CASH ON PREMISES AT TIME OF LEVY. ALSO, SEIZE AND/OR LEVY ON THE ABOVE-LISTED DEFENDANTS' PENNSYLVANIA LIQUOR CONTROL BOARD RETAIL RESTAURANT LIQUOR LICENSE # R-09473, LID #54552 . (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISH COMMERCE BANK, 100 SENATE AVENUE, CAMP HILL, PA 17011- ANY ACCOUNTS UNDER DEFENDANT'S NAME AND/OR SOCIAL SECURITY NO. 197-60-6048 GARNISHEE(S) as follows: and to notify the gamishee(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 himlher that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $214,824.16 Interest FROM DATE OF JUDG 2/22/06 L.L. $.50 Atty's Comm Atty Paid $37.50 Plaintiff Paid % $10,741.21 Due Prothy $1.00 Other Costs Date: APRIL 11, 2006 CURTIS R. LONG (Seal) Prothonotary C;1; ~UAJ2.,~ C. re-fJ/UJ' /" Deputy REQUESTING PARTY: Name ROBERT D. KODAK, ESQUIRE Address: PO BOX 11848 HARRISBURG, PA 17108 Attorney for: PLAINTIFF Telephone: 717-238-7159 Supreme Court ID No. 18041 " JAN B. CASTNER AND NICHOLAS E. : IN THE COURT OF COMMON PLEAS DUNPHY, JR. Plaintiffs : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 2006-1053 CIVIL JOEY V. SULLENBERGER AND JOEY V'S INC., GUARANTOR Defendants : CIVIL DIVISION - LAW v. COMMERCE BANK Garnishee 4I15WCI:5 -10 INTERROGATORIES IN ATTACHMENT TO: GARNISHMENT ADMINISTRATOR/LEGAL DEPT, COMMERCE BANK, GARNISHEE YOU ARE REQUIRED TO FILE ANSWERS TO THE FOLLOWING INTERROGATORIES WITHIN TWENTY (20) DAYS AFTER SERVICE UPON YOU. FAILURE TO DO SO MAY RESULT IN JUDGMENT AGAINST YOU. 1. At the time you were served, or at any subsequent time, did you owe the Defendant(s), JOEYV. SULLENBERGER AND JOEYVS INC., GUARANTOR( SOC. SEC. # 197-60-6048), any money or were you liable to on any negotiable or other written instrument, or did the defendant claim that you owed the defendant any money or were liable to the defendant for any reason? If yes, please describe. ANSWER: Oz..Pt:..l\J\)~<;- I+~\.) f\e..U:>0Wi <;;;~4> 03~ 71'-f W l"\~ A ~'''.LAf...K't... ~ Or S"lq .qq, Arl','\'l~ "S't..ltu~D. O-t~~j()O~, HAc\) Acc.oUIlJT ~<../.15~a" \,0:)\""1\-\- 'f' ~~A-t0<:... of ~o A'\ \,oIV\-L S"-fL0~\), f-:>on-+ r\'-c.-00~ ARE. ~V~fllJ"LS~ -Acc..o-=>~ Ch..~~1.~ ~i jC'L~ \l's \.0<-- O~~<..~()~\ l4-~S fT 5f-\-~t.T'i Oi~os,"T 6Di- ~'T wcz...Q..'T~U\LL<t- .~\) P:>~~c.....)\. 2. At the time you were served, or at any subsequent time, was there in your possession, custody or control, or in the joint possession, custody or control of yourself and one (1) or more other persons and/or entities, any property of any nature owned solely or in part by the Defendant(s)? If yes, please describe. ANSWER: .5~i:.. Al\)su.)c-R.. 'fa ~0~~\lok) :1.. 3. At the time you were served or at any subsequent time, did you hold legal title to any property of any nature owned solely or in part by the Defendant or in which Defendant(s) held or claimed any interest? If yes, please describe. ANSWER: 8'2-'Z. 'A--.;;)~~~~ To Qvca.."S\.ooU i. 4. At the time you were served. or at any subsequent time. did you hold. as fiduciary, any property in which the Defendant(s) had an interest? ANSWER: tJ 0 5. At any time before or after you were served, did the Defendant(s) transfer or deliver any property to you or to any person or place pursuant to your direction or consent and, if so, what was the consideration therefor? ANSWER: D~t::i..A.)D',of:tu, (V\."p-.ot:... D'i.-Qo':;),T'.:> liUTO 'Tl'+t..... f+R:,002.- j2.~F<o..tz",,--~C-<LD Rc..<"'Dv""T~ 110 'I,....'L b(LQ~f\)~" G.,....Ht.:s-a. Olt.\~~ '/0 S~lZ..u,,-'L-~'~~ 0 P Wt~c.i-l , ~ "i..1L ~ 'A-.:- <j \+C<.- D, lL ~ c- \1'~ 0 l=' c.0'>'1'1. M. "L~ c. z:.. 8, ~ ".. . .. 6. At any time after you were served, did you pay, transfer or deliver any money or property to the Defendant( s) or to any person or place pursuant to diredion or otherwise discharge any claim of the Defendant(s) against you? If yes, please describe. ANSWER: 00 Robert D. Kodak Attorney for Plaintiff 407 North Front Street Post Office Box #11848 Harrisburg, PA 17108-1848 (717) 238-7151 Supreme Court 10 No. 18041 .. . '. VERIFICATION I, I of COMMERCE BANK, Garnishee herein, veritY that the statem s made in these Interrogatories in Attachment are true and correct. I underst~nd that false statements herein are made subject to the penalties of 18 Pa.C.S. ~ 4904, relating to unsworn falsification to authorities. BY: tV' . u\:)\ ~~iL00\ ADDRESS: -3 to \ Q A "J: ~ '5..[ \~Q.\.5\?,,~Q....G QA n lL\ Dated: 5' ) /-;;). )04> , I , '. () "'-> ~ = r; = C1"> :-;". :: :e i:J (' rT' r :c... m:D -< r- 4::~ " ""0 m c/., -r)? -~' CT'I CJO r:2 =Ji-ri " j..,~.;, > (j:!J :r ",,..0 " - c5m )> - ;g W :Jj <..-'1 -< JAN B. CASTNER AND NICHOLAS E. DUNPHY, JR. Plaint.iff{s) : IN TIffi COURT OF COMMON PLEAS : CUMBERLANDCOUNlY,PENNSYLVANIA : ! : NO.2006-1053!CIVIL v. JOEY V'S INC., GUARANTOR Defendant(s) v. COMMERCE BANK i : CIVIL DMSIQN- LAW Garnishee PRAECIPE for ENTRYof' JUDGMENT AGAINST G}\RNISHEE TO TIffi PROTHONOTARY; Please enter Judgment in mvor of the Plaintifits) and against Co~rce Bank, Garnishee, in the amount of $579.99, which is the amount the Garnishee admits in the attached Answers to Plaintiff's Interrogatories in Attachment, to be the property of Defendant in its' possession, i.e. - the amount of FIVE I HUNDRED SEVENlY-NINE DOLLARS AND NINElY-NINE CENTS (f579.99). I TO CUMBERLAND COUNTY Prothonotary Dated: Mav 18.2006 ~ Robert D. Kodak, Attorney for Plaintiff Attorney J.D. No. 18041 ~ " . . v. : IN THE COURT pF COMMON PLEAS . I ~ CUMBERLAND qOUNTY, PENNSYLVANIA '~ NO. 2006-1053 CIVIL JAN B. CASTNER AND NICHOLAS E. DUNPHY, JR. Plaintiffs JOEY V. SULLENBERGER AND JOEY V'S INC., GUARANTOR Defendants : CIVIL DIVISION" LAW v. COMMERCE BANK Gamishee INTERROGATORIES IN ATTACHMENT TO: GARNISHMENT ADMINISTRATOR/LEGAL DEPT, COMMER E BANK, GARNISHEE YOU ARE REQUIRED TO FILE ANSWERS TO THE' FOLLOWING INTERROGATORIES WITHIN lWENTY (20) DAYS AFTER ERVlCE UPON YOU. FAILURE TO DO SO MAY RESULT IN JUDGMENT AGAINST YOU. 1. At the time you were served, or at any subsequent ~me, did you owe the Defendant(s), JOEYV. SULLENBERGER AND JOEYVS INC., GU,4.RANTOR( SOC. SEC. # 197-60-6048), any money or were you liable to on any negqtiable or other written instrument, or did the defendant claim that you owed the defend~nt any money or were liable to the defendant for any reason? If yes, please describe. ANSWER: O'L.P'i:..'\'\" 11.- v~~ rw>\) f.:\ (A.-Ou i0T 53,C9 ()3G17 cj L.) \-n-\ ~ P-:, OF'tSllJ'lq A-r...-: ~ ,."'-~ ~G.-t..o"-\J, \)<"'\O~"'\)F\O'r \~ 1\c.<...000T foalo</lsc"Q~ W,.,-v. p. 'ibf\~oi:... 01= 0 PIT 'I.M'<- ':'::>'i..fl-o..f), \6="" ~t.'-D 10"'" Mt.. 160::':>' t.::>'ESJ p..c..c...DV~ OP:>\.)~D IO-i' -:r,,~q v's 110L. 'O't.~.,^'O 1,\ ... "' .~ ,.,.~ ~ '5PR'i.T"i' 1U'l.."oc,.,\ (S""" 1"'fH- Wt..QT2'01l,.L..'1. ILl) ~(lP.<.:>c..H, , . . , ! 2. At the time you were served, or at any sUbseqUent~me, was there in your possession, custody or control, or in the joint possession, cust y or control of yourself and one (1) or more other persons and/or entities, any property of ny nature owned solely or in part by the Defendant(s)? If yes, please describe. ANSWER: S~... (:\"''Su0~dZ.... 10 QU<>50"0.0~, " 3. At the time you were served or at any subsequent time, ~id you hold legal title to any property of any nature owned solely or in part by the defendant or in which Defendant(s) held or claimed any interest? If yes, please describe. ANSWER: ".::lC''<. WS<.U"UL'ID 6u'L::.noNl. ... .. , I 4. At the time you were served, or a,t any subsequent lime, did you hold, as fiduciary, any property in which the Defendant{s) had an interest! ANSWER: to 0 5. At any time before or after you were served, did the 0 endant{s) transfer or deliver any property to you or to any person or place pursuant to y r direction or consent and, if so, what was the consideration therefor? ANSWER: O~~'CQ'0\)Au-.- 1Y\f\\;)C:':.. tJ"S.'Vos, \":S /'-YID '11+z.. ~ik>v'L e . ~P;~C'i:.~ AU_00~"S )0 T~ OIL~ ' 1"'>"0'11...'< c.."""lS~ <i>lLlOIl.. '10 s.tJLV'L'<- l.)D-l0>.. tw u.)\~, ' " ' J IQI \.0L~t. ~ ,,,,",,- ~'It.1-"-")DU Of' c.",..... . n "^- <;. Lf- 'L 1-;::' A-t.))h. ... '.. ',- . . .. . 6. At any time after you were served, did you pay, transfer r deliver any money or property to the Oefendant(s) or to any person or place pursuant t direction or otherwise discharge any claim of the Oefendant(s) against you? If yes, pie se describe. ANSWER: GD Robert O. Kodak Attorney for Plaintiff 407 North Front Street Post Office Box #11848 Harrisburg, PA 17108-1848 (717) 238-7151 Supreme Court 10 No. 18041 "", ., I ) . ' VERIFICATION I, ! , of COMMERCE BANK, Gamishee herein, veritY I . that the statem' ts mace in these Interrogatories in Attachment are true and correct. 1 understand that false statements herein are made subject to the penalties of 18 Pa.C.S. ~ 4904, relating to unswom falsification to authorities. BY: 'S(lo ADDRESS: .3.%0, ~Il ,">(6~)/U'n ()p. nltl Dated: 5 /,a IDu f ( ~. ~\\:- "b'; -.() C i0 ~ ~ \I:- ~ - ~ - :g ~ ...Q ~ ~ ~ G 1- ~ C'2 ~" ~ ~ ~ 'i'" -'" ~ %~ 'J,;J ~ <~~ (l, ,--- "C-u -0 ;:;;.~ ::r; a .-\ '-!? ~ - ~C",., "'C;i\' \~\;1. ~,~ \ 1!i? ~~~ "', ']2; (..<, .Ii;;, (_:. "j.--C,;" 2; :.<. "" . .. JAN B. CASTNER AND NICHOLAS E. DUNPHY, JR. ; IN THE COURt OF COMMON PLEAS P1aintiftl: s ) : CUMBERLANDCOUNIY.PENNSYLVANIA v. : NO. 2006-1053 CIVIL JOEY V'S INC.. GUARANTOR Defendant(s) Garnishee I : I , eML DMS1t. LAW i v. COMMERCE BANK To COMMERCE BANK,. Gamishee(s) I You are hereby notified that on ~J .Jd... . (Judgment) has been entered against you in the ab ve-captioned case. , 2~ the following Jud~ent entered in the amount of $579.99. DATE: .S!:J.? JI)h I Prothono I hereby certifY that the name and address of the proper perso (s) to receive this notice is: ATTN MlNDI SPROUT COMMERCE BANK, GARNISHEE 3801 PAXTON STREET HARRISBURG PA 17111 Robert D. Kodak, Esquire Supreme Court J.D. 18041 KNUPP, KODAK & IMBLUM, P.C. Post Office Box 11848 407 North Front Street Harrisburg, P A 17108-1848 717-238-7151 Fax: 717-238-7158 email: robert.kodak@verizon.net Attorney for Plaintiffs JAN B. CASTNER and NICHOLAS E. DUNPHY, JR. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYL VANIA Plaintiffs v. : NO. 2006-1053 CIVIL JOEY V. SULLENBERGER and JOEY V'S, INC. CIVIL ACTION - LAW Defendants v. COMMERCE BANK Garnishee PETITION FOR RULE TO SHOW CAUSE WHY SHERIFF SHOULD NOT BE PERMITTED TO OPEN DEFENDANTS' SAFE DEPOSIT BOX. BY FORCE IF NECESSARY AND NOW, this 2nd day of June, 2006, comes Jan B. Castner and Nicholas E. Dunphy, Jr., by and through their attorney, Robert D. Kodak, Esquire, Knupp, Kodak & Imblum, P.C., and requests this Honorable Court to enter an Order to Show Cause on the Defendants, and on the Garnishee, as follows: 1. Plaintiffs obtained Judgment against Defendants in the Court of Common Pleas of Cumberland County to the above term and number. 2. Judgment was entered on the 22nd day of February, 2006. 3. A Writ of Execution was entered on the 11 th day of April, 2006. 4. Pursuant to the Writ of Execution, the Sheriff of Cumberland County did, on May 1, 2006, levy on all of Defendants' business assets and Defendant's Liquor License, and also served a Garnishment on Commerce Bank, garnishing Debtors' accounts at said institution as well as a safe deposit box at the Wertzville Road, East Pennsboro Township, branch office. 5. The funds on deposit (Le. $579.99) were obtained by creditor for the Garnishee and the safe deposit box in question remains sealed, pending further Order of this Court. 6. Pursuant to Pa.R.C.P. 311O(c), the Court, upon Petition of Plaintiffs, shall grant a Rule on the Defendant, the depository or custodian, and any person who has a right to open the box, to show cause why the box should not be opened in the presence of the Sheriff of Cumberland County, by force if necessary, with the property of the Defendants therein to be delivered to the Sheriff. 7. Plaintiffs respectfully request that this Honorable Court enter the appropriate Rule to Show Cause on Defendants and Commerce Bank, Garnishee, as to why the Sheriff of Cumberland County should not be permitted the right to open the safe deposit box, by force if necessary, in order to obtain the property contained therein. F:\USER\BONNIEJO\PETITIONS\060082 show cause.wpd:02Jun06 2 WHEREFORE, Plaintiff s respectfully request this Honorable Court to enter an Order granting the relief prayed for above. Respectfully submitted, KNUPP, KODAK & IMBLUM, P.C. ~ Robert D. Kodak 407 North Front Street Post Office Box # 11848 Harrisburg, PAl 71 08-1848 (717) 238-7151 Attorney J.D. No. 18041 Attorney for Plaintiffs F:\USER\BONNIEJO\PETITIONS\060082 show cause. wpd:02Jun06 3 , . CERTIFICATE OF SERVICE I, ROBERT D. KODAK, ESQUIRE, hereby certify that I have this date served a true and correct copy of the Petition for Rule to Show Cause Why Sheriff Should Not be Permitted to Open Defendant's Safe Deposit Box, by Force if Necessary, in the above-captioned matter upon the below listed individual(s) by causing same to be deposited in the United States mail, first class postage prepaid at Harrisburg, Dauphin County, Pennsylvania, addressed as follows: JOEY V SULLENBERGER 481 SAMPLE BRIDGE ROAD ENOLA P A 17025 JOEY V'S INC 433 NORTH 21ST STREET CAMP HILL P A 17011 COMMERCE BANK. 742 WERTZVILLE ROAD ENOLA PA 17025 KNUPP, KODAK & IMBLUM, P.C. Dated: ~ /z,06 ( t Robert D. Kodak 407 North Front Street Post Office Box 11848 Harrisburg, PAl 71 08-1848 (717) 238-7151 Attorney J.D. No. 18041 Attorney for Plaintiffs F:\USER\BONNIEJO\PETITIONS\060082 show cause.wpd:02Jun06 (") ~ ~~ (.;.;p, (...,) .on I , '" '-~. . -0 -.'''' (::? N W SHERIFF'S RETURN - GARNISHEE CASE NO: 2006-01053 P COMMONWEALTH OF PENNSLYVANIA COUNTY OF CUMBERLAND CASTNER JAN B ET AL VS JOEY V'S INC And now KENNETH GOSSERT ,Sheriff or Deputy Sheriff of Cumberland County of Pennsylvania, who being duly sworn according to law, at 0014:04 Hours, on the 27th day of April , 2006, attached as herein commanded all goods, chattels, rights, debts, credits, and moneys of the within named DEFENDANT JOEY V'S INC in the hands, possession, or control of the within named Garnishee COMMERCE BANK 1249 MARKET ST CAMP HILL, PA 17011 Cumberland County, Pennsylvania, by handing to WENDY BAGLEY (BRANCH MANAGER) 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 Service Affidavit Surcharge .00 .00 .00 .00 .00 .00 So anw ~ ~'I- ...~~~ R. Thomas Klin Sheriff of Cumberland County 05/02/2006 Sworn and subscribed to before me this Ii ~ day of ~ ~oo/. ~~ (}lIh Prothono 7 By '. Iy JAN B. CASTNER and NICHOLAS E. DUNPHY, JR. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs v. : NO. 2006-1053 CIVIL JOEY V. SULLENBERGER and JOEY V'S, INC. : CIVIL ACTION - LA W Defendants v. COMMERCE BANK Garnishee RULE TO SHOW CAUSE AND NOW, this ~~ day of June, 2006, it is hereby ORDERED AND DECREED that Defendants, Joey V. Sullenberger and Joey V's, Inc., and I bf ~eJVI~c:. aO'l QjJv ~~1l>~( G GarIlishee, Commerce ~ank, shall sh~w,cause, within ~ days, why P,4tint;ff'g PetitisR foc :RYle no \'" L e... b, t CJ c.d a. u t~ QJ 12.(.l>.~ ti '- f. L,J 1 tt ^ t<nS-oov; CablS@ ~Zhy SheritIShQ11ld ]>lQt ~ Permitt~ to Open Defendant's Safe Deposit Box, by Force if Necessaryuooy1d not hp. gr~nted le3J.'@ to Gin~~t th@ Sheriff gf OllRberhmd ('Olmty to op~n DefendMtt~' safe aepesit effie., ~' fSF~e if nece...."~~ ' RULE RETURNABLE t 0 days from service. BY THE COURT, / ~D\) ,,\ 0'" J. (. \,nr I'~J,\i 'Z Z : \ \ \-\'\1 0-\\\ II ')~;\.l(, \ U\',/' (" ','.i, (rei ::~"\1. ::.0 (\C\~):..F""j tc->-)-~ - ....\ :;:-)\:'!:' \,:\-'.\:11 b . JAN B. CASTNER and NICHOLAS E. DUNPHY, JR. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v JOEY V. SULLENBERGER and JOEY V'S INC. Defendants NO. 2006-1053 CIVIL v COMMERCE BANK : CIVIL ACTION - LAW Garnishee CERTIFICATE OF SERVICE I, ROBERT D. KODAK, ESQUIRE, hereby certify that on June 15, 2006, a true and correct copy of the Rule to Show Cause and Petition for Rule to Show Cause Why Sheriff Should Not Be Permitted to Open Defendants' Safe Deposit Box, By Force If Necessary, in the above-captioned rnatter was served upon the Defendants and Garnishee, via Certified Mail, as set forth on the Certified Mail Receipt Cards collectively attached hereto, marked Exhibit "A", and made a part hereof, addressed as follows: JOEY V SULLENBERGER 481 SAMPLE BRIDGE ROAD ENOLA PA 17025 JOEY VS INC 422 NORTH 21sT STREET CAMP HILL PA 17011 COMMERCE BANK 742 WERTZVILLE ROAD ENOLA PA 17025 KN~/ Robert D. Kodak, Esquire 407 North Front Street Post Office Box 11848 Harrisburg, PA 17108-1848 (717) 238-7151 Attorney 1.0. No. 18041 Attorney for Plaintiff . mm CICI CICI CI CI U'lU'l U'l U'l ErEr CI 0 U.S. Postal Service", CERTIFIED MAIL" RECEIPT (Domestic Mall Only: No Insurance Cover,lge ProvIded) " . . . OFFICIAL USE Pootago $ -- ..... .-'I .-'I t:J t:J tArIlfIeQftM CI CI c:J c:J RftUm ~Fee {QlCkl._.....4Requlred) o ~ RestricIl!IdDellveryFee ;:.:: ;::;j (Endo___l m m ToIlII_a__ mm ClD CI CI r'- r'- x "" ",..;'~' '~'t'~l;1\>y'~~ . . g ::';i.~,~\ C. Dole 01 00IIv0Iy .... B. Received by (PrInted Nome) D.lsdellvery__1rom_1? ClYes '. RYES, enlerdollvery__. Cl No '.;i~ll! .' . . .....<....,,;;.i..;'..~~: ",'- . , .:.;.:i~i~~~;:;,;~.~:.,::: ;,:.{: ,::~ ::~~'i'.;:'.';~. ~ _:';';'1;:);;'l,.~':;'.~';'e'.:. '"'i"~: 'c':.. "~"~ll'~"~""; . ^-~'c'~"'l'_ ;,.,,>,~..,~:,~~:\'!~~~~t:~ 3. SeMce 1YPe, Cl Cerliffod Mall Cl Reglsloood Cl 1_ Mall Cl C.O.D. 4. _ Delivery? (E>ctra Fee) 7003 3110 0001 0955 0003 . DomestIc Return RocoIpl ."..~ LI1 LI1 [1"[1" LI1 LI1 [I" [I" U.S. Postal Service,., CERTIFIED MAIL" RECEIPT (DomestIc Mall Only; No Insurance Coverage Provided) :r :r OFFICI USE LI1 LI1 [I" [I" 0 0 PooIago . .-'I .-'I 0 0 CerIIIIodFee 0 0 - 0 0 Retum ~ Fee I (Endotsemont_l He.. 0 0 R__Fee .-'I .-'I _montReq.-, .-'I .-'I rn rn rn rn 0 0 0 0 r'- r'- )''''' 3. ServIce 1YPe [J CertIIIod Mall [J RegIalenld [J Insured Mall [J C.O.D. 4. _ DeIIwry'/ (ExI1B Fee) 0 Yes 7003 3110 0001 0954 9595 DcmestIc Return Recoipt , :; ),:.::-;'i~:'$KC'~~'i~:;\<~,':~':'-':':'" 102586-02-M-1540 "'^-"","',-I';"",^;l't~. ", '^:"."-" -~"::":,'--'>~ ~",,"~::.,-:, . 8 8 Cded Fee CJ CJ o 0 Return A89fdpt Fee _"'_..0) CJ CJ __Fee r=l r=l (Elldol'hme.ARlqUlred) ,.., ,.., ITl ITl ITlITl CJCJ CJ CJ r'-r'- ,..,,.., CJ CJ ..Il ..Il lI" lI" ~ ~ LI') LI') lI" lI" CJ CJ ", ">-:'~>-~:iffl~J~~:l U.S. Postal Service, CERTIFIED MAIL, RECEIPT (DomestIc Mall Only; No Insurance Coverage Provided) . O. OFFIC USE PooIage $ - .... $ l'--'-; "...-.-tit----- .._l.~L_<._M.._.. nO:lS 7003 3110 0001 0954 9601 .... __Rotum~ ,;":;"\'n~:H~~,':?l~,{~,,:1;:~~'~J;r_,;";:':' ' ;"""';- :~,~'::. .. ""~,"'~:c:..o.";"'~~........_,...,,"-".,,....,.-,.._,..~~... ,-, :7:;,:; J' L~.. w'-- .' C--' ~ ..... ;~'(' -) /': .-}.i '-:-: -',",.::;;' :-;1'.',1 :?l "r"" ~ UJ Robert D. odak, Esquire Supreme ourt I.D. 18041 KNUPP, aDAK & IMBLUM, P.C. Post Offie Box 11848 407 North ront Street Harrisbur PA 17108-1848 717-238-7 51 Fax: 717-238-7158 email: roert.kodak@verizon.net Attorney fi r Plaintiffs SINER and NICHOLAS E. DUNPHY : IN THE COURT OF COMMON PLEAS Plaintiffs : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2006-1053 CIVIL JOE V. S LLENBERGER and JOEY V'S, INC. CIVIL ACTION _ LAW Defendants V. COMME CE BANK Garnishee PETITION TO MAKE RULE ABSOLUTE A NOW, this 2711> day of June, 2006, comes Plaintiffs, Jan B. Castner and Nicholas E. Dunphy, by and thr ugh their attorney, Robert D. Kodak, Esquire, Knupp, Kodak & Imblum, P.C., and files the following etition to Make Rule Absolute, as follows: 1. Plaintiffs filed a Petition for Rule to Show Cause why Sheriff Should not be Permitted to Open Defe dants' Safe Deposit Box, by Force if Necessary, with this Honorable Court on June 5, 2006. 2. A Rille to Show Cause was issued by the Honorable J.IWesley Oler, Jr., Judge, on June 8, , 2006. , . 3. A true and correct copy of the Petition for Rule to Show Cause why Sheriff Should not be Permitte to Open Defendants' Safe Deposit Box, by Force if Necessary, and Rule to Show Cause was served on Joey V. Sullenberger, Joey V's, Inc. and Commerce Bank, via Certified Mail on June 15,2006, and a Ce ificate of Service of said service was filed with this Honorable Court on June 16,2006. 4. Defendants and Garnishee have not filed any type of responsive pleading to Plaintiffs' Petition fi Rule to Show Cause why Sheriff Should not be Permitted to Open Defendants' Safe Deposit Box, by F rce if Necessary, and Rule to Show Cause 5. Plaintiffs are clearly entitled to the relief requested in their original Petition for Rule to Show Cause why Sheriff Should not be Permitted to Open Defendants' Safe Deposit Box, by Force if Necessary, and Rule t Show Cause. REFORE, Plaintiffs respectfully request this Honorable Court to make its Rule absolute and elief requested in its Petition for Rule to Show Cause why Sheriff Should not be Permitted to Open Defe dants' Safe Deposit Box, by Force if Necessary, and allow this matter to go forward. Respectfully submitted, Robert D. Kodak 407 North Front ~reet Post Office Box #, 1848 Harrisburg, PA 1!7108-l848 (717) 238-7151 Attorney J.D. No. 18041 I Attorney for Plaintiffs F:\USERIBONNIEJOIMIS .DOCIWORKldunphy jney v pet2make ahsolute.wpd:27Jun06 2 . . CERTIFICATE OF SERVICt I, OBERT D. KODAK, ESQUIRE, hereby certify that I have this date served a true and correct copy of the Peti ion to Make Rule Absolute in the above-captioned matter upon the below listed individual(s) by causmg s e to be deposited in the United States. mail, first class postage prepaid at Harrisburg, Dauphin County, P nnsylvania, addressed as follows: JOEY V SULLENBERGER 481 SAMPLE BRIDGE ROAD ENOLA PA 17025 JOEY VS lNC 422 NORTH 21 ST STREET CAMP HILL PA 17011 COMMERCE BANK 742 WERTZVILLE ROAD ENOLA PA 17025 Dated: ~BLUM.P.C. ~ Robert D. Kodak 407 North Front Street Post Office Box 11848 Harrisburg, PA 17108-1848 (717)238-7151 . Attorney J.D. No. 18041 Attorney for Plaintiffs F:\USERIBONNIEJO SC.DOCIWORK\dunphy joey v pet2make absolute.wpd:27Jun06 - .c- CC:1 <) .:.cd -1 -c -;"\:\ -.if t,,) C~, -rJ 1') Lowell R. Gates, Esq. Gates, Halbruner & Hatch, P.C. 1013 Mumma Road Suite 100 Lemoyne, P A 17043 (717) 731-9600 (717)731-9627 l.r.gates@gateslawfirm.com IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NICHOLAS E. DUNPHY, JR., JAN B. CASTNER, Plaintiffs v. Civil Term No.: 2006-1053 JOEY V'S, INC., Defendant PRAECIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please enter our appearance as the attorneys for the Plaintiffs, Jan B. Castner and Nicholas E. Dunphy, Jr. in the above-captioned action. Date: 67/{}-/Ob f ( & Hatch, P.C. ~<--- .~ l,.! I: --. -r ,17 N .~'; ;, c:::; c', ".,..., :<; , - ~ JAN B. CASTNER and NICHOLAS E. DUNPHY, Plaintiffs : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL VANIA v. : CIVIL ACTION - LAW JOEY V. SULLENBERGER and : JOEY V'S, INC, : NO. 2006-1053 CIVIL TERM Defendants v. COMMERCE BANK, Garnishee ORDER TO MAKE RULE ABSOLUTE AND NOW, this lOth day of July, 2006, upon consideration of plaintiffs Petition For Rule To Show Cause Why Sheriff Should Not Be Permitted To Open Defendants' Safe Deposit Box, by Force if Necessary, and Plaintiff's Petition To Make Rule Absolute, it appearing that copies of the Petition and Rule To Show Cause were duly served upon Defendants, Joey v. Sullenberger and Joey V's Inc., and garnishee, Commerce Bank, it is hereby ordered and directed that the Rule To Show Cause is made absolute and that Defendants' safe deposit box located in the East Pennsboro branch of Commerce Bank be opened by the Sheriff of Cumberland County, by force if necessary, and any property of Defendants, Joey V. Sullenberger and Joey V's Inc., found therein be delivered to the Sheriff and levied upon, the Plaintiff herein first to furnish bond or security approved by this Court in accordance with Pa. R.C.P. 311O(c) in the amount of$100. BY THE COURT, >;::':";8 1<' /,,' t) n I 'r:" :.' " ,\ , - - , , Robert D. Kodak, Esquire 407 North Front Street Post Office Box 11848 Harrisburg, PA 17108-1848 Attorney for Plaintiffs Joey V. Sullenberger 481 Sample Bridge Road Enola P A 17025 Defendant ~ 0'11-~ Joey V's Inc. 422 North 21 sl Street Camp Hill PA, 17011 Defendant Commerce Bank 742 Wertzville Road Enola P A, 17025 Garnishee Cumberland County Sheriff - J()A:/ ~4J 7-/f~~"6 ~ '7- * .ot, ~. , , I , ~ v .... Robert D. Kodak, Esquire Supreme Court J.D. 18041 KNUPP, KODAK & IMBLUM, P.C. Post Office Box 11848 407 North Front Street Harrisburg, PA 17108-1848 717-238-7151 Fax: 717-238-7158 email: robert.kodak@verizon.net Attorney for Jan B. Castner and Nicholas E. Dunphy, Plaintiffs JAN B. CASTNER and NICHOLAS E. DUNPHY : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs v. NO. 2006-1053 CIVIL JOEY V. SULLENBERGER and JOEY V'S, INC. Defendants v. COMMERCE BANK Garnishee PRAECIPE TO RETAIN SECURITY DEPOSIT TO THE PROTHONOTARY: Please retain the attached security deposit in the amount of One Hundred ($100.00) Dollars pursuant to the Court's Order to Make Rule Absolute signed by the Honorable J. Wesley Oler, Jr., Judge, on July 10,2006, a true and correct copy of which . TO Cumberland County Prothonotary Robert D. Kodak Attorney J.D. No. 18041 Attorney for Plaintiff Dated: Julv 18.2006 , -~~ . , ~ ~ JAN B. CASlNER and NICHOLAS E. DUNPHY, Plaintiffs : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL VANIA v. : CIVIL ACTION - LAW JOEY V. SULLENBERGER and : JOEY V'S, INC, : NO. 2006-1053 CIVIL TERM Defendants v. COMMERCE BANK, Garnishee \ ORDER TO MAKE RULE ABSOLUTE AND NOW, this 10th day of July, 2006, upon consideration of plaintiffs Petition For Rule To Show Cause Why Sheriff Should Not Be Permitted To Open Defendants' Safe Deposit Box, by Force if Necessary, and Plaintiffs Petition To Make Rule Absolute, it appearing that copies of the Petition and Rule To Show Cause were duly served upon Defendants, Joey v. Sullenberger and Joey V's Inc., and garnishee, Commerce Bank, it is hereby ordered and directed that the Rule To Show Cause is made absolute and that Defendants' safe deposit box located in the East Pennsboro branch of Commerce Bank be opened by the Sheriff of Cumberland County, by force if necessary, and any property of Defendants, Joey V. Sullenberger and Joey V's Inc., found therein be delivered to the Sheriff and levied upon, the Plaintiff herein fIrst to furnish bond or security approved by this Court in accordance with Pa. R.C.P. 3110(c) in the amount of$100. BY THE COURT, . TRUE COPY FROM PtECOAt) fA TIItinloIIV wher8aI. I her. un1Il set my lwlcl V1d the .. ~ sakt ~CarIl&II. Pl.. 11li& J~ t ~. O!ooG. . . ~- ': HI," ,4QF; Prattlon01lri .. " ~ ... .- ~ 1 ~ 0 .--, (:) C"-=' "P - c-. ;.:~-:> -n ;;'> C" () ...... \t- R;~ 0 , ""- {) \.D ,.~-') ""- ~ ""<;l () -u :};~ 0 .c. ::a r . r:~l "-:l -', Y -" (-~>, r -, , Oft, - 1{)~3 C';-.J,( RELEASE FOR GOOD AND VALUABLE CONSIDERATION, the receipt and sufficiency of which are hereby acknowledged, Jan B. Castner and Nicholas E. Dunphy, Jr. (collectively, the "Secured party") hereby release from, and declare to be free of any and all manner of lien or claim (including any sheriff's levy), now existing or that hereafter may exist, for and/or on account of any and all judgments, debts and/or obligations of any sort owed, previously owed, or hereafter that may be owed (specifically including, without limitation those certain Judgment Liens filed February 22,2006, filed in the Court of Common Pleas of Cumberland County, Pennsylvania, and assigned to Nos. 2006-1052 and 2006-1053 Civil Term thereat), to Secured Party (collectively, the "Obligations"), all items of tangible personal property owned by Joey V's, Inc. and/or Joey V. Sullenberger and heretofore utilized at the restaurant known as Joey V's Italian Bar and Grill in East Pennsboro Township, Cumberland County, Pennsylvania (collectively the "Tangible Personal Property"), specifically including but not limited to those items listed in Exhibit "A" attached hereto and herein incorporated by reference, but excluding therefrom proceeds of any Tangible Personal Property. The Tangible Personal Property does not include that certain restaurant liquor license #R- 9473, and assigned to LID 54-552, issued by the Pennsylvania Liquor Control Board, and owned by Joey V's, Inc. This instrument is binding upon Secured Party, and shall inure to the benefit of Joey V's, Inc., its successors and assigns, Joey V. Sullenberger (but only to the extent, if any, he has an interest in the Tangible Personal Property), his heirs and representatives, and any successor owner of the Tangible Personal Property or any part thereof, specifically including, without '. ; limitation, Cafe on Market, Inc. ("Cafe") and Cafe and/or its counsel is hereby authorized to file any necessary UCC financing statements to evidence Secured Party's release of the Tangible Personal Property. The Secured Party; expressly reserves all claims against, and does not hereby release or waive any claim against, or amounts due and payable by, Joey V's, Inc. and/or Joey V. Sullenberger and/or any co-obligor, surety, guarantor, or acco=odation party. Intending to be legally bound hereby, the Secured Party has executed and delivered this instrument and has authorized and directed its undersigned counsel and representative to execute and deliver this instrument this IF day of July, 2006. ../'..Ju-Lt. JA~l~ ~x;j~ ./ 71~~ . Gates, Esquire, for Secured Party " , ~~ ~ 1 6 l) ~ ~ f! '"tJ;- -' , ~'-' - ~~,:) . JAN B CASTNER and : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA PLAINTIFF V. : NO. 2006-1053 CIVIL JOEY V'S INC, GUARANTOR : CIVIL DIVISION - LAW DEFENDANT: V. COMMERCE BANK GARNISHEE P RA E C'I P E TO THE PROTHONOTARY: .. Please mark the above-captioned Judgment as settled and satisfied in full AS TO GARNISHEE. COMMERCE BANK. ONLY. TO: Cumberland County Prothonotary Dated: Seotember 7.2006 Robert D. Kodak Attorney I.D. No. 18041 Attorney for Plaintiff 3060082 ..(Q. r> Vl J:>\\. \. ~ ~~~ "-> ~ f- ~ t t '"' -L. (') C -/' ::~ -o\-~. ,nr-I; ~~? t>: C ~ c:::> 0'"' ~ "'"0 \ c:J) ).::',,, \~, ~t: :;:::, -", ......-., ~ ~~ ~8 ~,,, ("" i,...../, ~~ "'"0 f.. ~;.) =::~~; :; . '.::::-I <-:? -p- o ~ ,.- ..~ r'" ~ ~ JAN B. CASTNER and NICHOLAS E. DUNPHY, Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA v. CIVIL ACTION - LA W JOEY V. SULLENBERGER and JOEY V'S, INC, : NO. 2006-1053 CIVIL TERM Defendants v. COMMERCE BANK, Garnishee ORDER TO MAKE RULE ABSOLUTE AND NOW, this 10th day of July, 2006, upon consideration of plaintiffs Petition For Rule To Show Cause Why Sheriff Should Not Be Permitted To Open Defendants' Safe Deposit Box, by Force if Necessary, and Plaintiffs Petition To Make Rule Absolute, it appearing that copies of the Petition and Rule To Show Cause were duly served upon Defendants, Joey v. Sullenberger and Joey V's Inc., and garnishee, Commerce Bank, it is hereby ordered and directed that the Rule To Show Cause is made absolute and that 1.._ Defendants' safe deposit box located in the East Pennsboro branch of Commerce Bank be opened by the Sheriff of Cumberland County, by force if necessary, and any property of t OFFICE 01' mE PBO'l'BOlO'lAR.Y COIIBEILARD 00U1ITY CDUR.'.l'IIOOSE OR ooua'l'llOUSE SQUARE CARLISLE PA 17013 [, ; ".,\~~ 11"""I "'. ~.L I, .~ OL -/6S'3 C(~;Lc Ii JOEY V SULLElmERGER. 481 SAHPLE BRIDGE ROAD DOl N1'.X:J:e: :17;1 ;1 RETURN TO SENOE~ UNCL.A:IMEO UNABL.E TO FORWA~O ..- 1 2'5 07 I .. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned STAYED. Advance Costs: 570.00 Sheriffs Costs: 541.70 $ 28.30 Sheriffs Costs: Docketing Poundage Advertising Law Library Prothonotary Mileage Surcharge Levy Certified Mail Post Pone Sale Garnishee Postage TOTAL $ 18.00 420.00 .50 1.00 13.20 40.00 40.00 Refunded to Atty on 08/03/06 9.00 /" '1-1/.0 (, ~ 541.70 d 07 'tld~ ~~~l bO :n 'v ... ~ .,~,~ \r"~ \ \ ',j \,Jd '),1~:\ \I.J::-:\\\" .io"~~5\jjO j3\'d:iI-\S ;In.1- -" ~k8 ~~~ C). ("'-. R. Thomas Kline, Sheriff Q '..... \ ,.. '\) L c:> i Qu..~ ~'- ~~1ocJ.---0- t} landia A. Brewbaker i I. ~o ~ 650 10 ~ jYJP:1 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 06-1053 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due JAN B. CASTNER AND NICHOLAS E. DUNPHY, JR., Plaintiff (s) From JOEY V'S INC., GUARANTOR, 433 N. 21 ST ST., CAMP HILL, PA 17011 (1) You are directed to levy upon the property of the defendant (s)and to sell LEVY UPON ANY PERSONAL PROPERTY OF ABOVE-LISTED DEFENDANT(S) AT THE ABOVE ADDRESS, SEIZING ANY CASH ON PREMISES AT TIME OF LEVY. ALSO, SEIZE AND/OR LEVY ON THE ABOVE-LISTED DEFENDANTS' PENNSYLVANIA LIQUOR CONTROL BOARD RETAIL RESTAURANT LIQUOR LICENSE # R-09473, LID #54552 . (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISH COMMERCE BANK, 100 SENATE AVENUE, CAMP HILL, PA 17011- ANY ACCOUNTS UNDER DEFENDANT'S NAME AND/OR SOCIAL SECURITY NO. 197-60-6048 GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify himlher that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $214,824.16 Interest FROM DATE OF JUDG 2/22/06 Atty's Comm % $10,741.21 Atty Paid $37.50 Plaintiff Paid Date: APRIL 11, 2006 L.L. $.50 Due Prothy $1.00 Other Costs CURTIS R. LONG (Seal) Pwthonolary 7J;f:; ~~Q. ~~/ Deputy REQUESTING PARTY: Name ROBERT D. KODAK, ESQUIRE Address: PO BOX 11848 HARRISBURG, PA 17108 Attorney for: PLAINTIFF Telephone: 717-238-7159 Supreme Court ID No. 18041 ~ ~ , ct. -{OS3 RELEASE FOR GOOD AND VALUABLE CONSIDERATION, the receipt and sufficiency of which are hereby acknowledged, Jan B. Castner and Nicholas E. Dunphy, Jr. (collectively, the "Secured Party") hereby release from, and declare to be free of any and all manner of lien or claim (including any sheriffs levy to which the Secured Party shall be responsible for payment of any necessary costs, including any poundage, required to obtain a release therefore), now existing or that hereafter may exist, for and/or on account of any and all judgments, debts and/or obligations of any sort owed, previously owed, or hereafter that may be owed (specifically including, without limitation those certain Judgment Liens filed February 22, 2006, filed in the Court of Common Pleas of Cumberland County, Pennsylvania, and assigned to Nos. 2006-1052 and 2006-1053 Civil Term thereat), to Secured Party (collectively, the "Obligations"), that certain restaurant liquor license #R-9473, and assigned to LID 54-552 (now know as LID 57039), issued by the Pennsylvania Liquor Control Board, and owned by Joey V's, Inc. (the "Liquor License") and heretofore utilized at the restaurant known as Joey V's Italian Bar and Grill in East Pennsboro Township, Cumberland County, but excluding therefrom proceeds of the Liquor License. This instrument is binding upon Secured Party, and shall inure to the benefit of Joey V's, Inc., its successors and assigns, Joey V. Sullenberger (but only to the extent, if any, he has an interest in the Liquor License), his heirs and representatives, and any successor owner of the Liquor License or any part thereof, specifically including, without limitation, Cafe on Market, Inc. ("Cafe") and Cafe and/or its counsel is hereby authorized to file any necessary DCC financing statements to evidence Secured Party's release of the Liquor License. 628208.1 ~ .~ The Secured Party expressly reserves all claims against, and does not hereby release or waive any claim against, or amounts due and payable by, Joey V's, Inc. and/or Joey V. Sullenberger and/or any co-obligor, surety, guarantor, or accommodation party. The Secured Party reserves all claims against the proceeds from the Liquor License. Intending to be legally bound hereby, the Secured Party has executed and delivered this instrument and has authorized and directed its undersigned counsel and representative to execute and deliver this instrument this 1st day of November, 2006. ~~~~ Gates, Esquire, for Secured Party -2- ~ ~ ,. Crt 1"-.') \ 0 c:::':) . s; C~-:> % (J~ ~." "",',',.'" I' c::~ - ~ -t> I ~ W Vl C\ ?- -;':J - C) - W In t;:J f',,) -... 1- .-:-.... CY r",) ~:g --' ---