HomeMy WebLinkAbout02-1583IN THE COURT Of COMMON PLEAS Of CUMBERLAND COUNTY, PENNSYLVANIA
PNC BANK, NATIONAL ASSOCIATION,
Plaintiff,
CIVIL DIVISION
DOCKET NO. 02
VS,
MACARL FOOD EQUIPMENT, INC.,
Defendant.
COMPLAINT IN CIVIL ACTION
Code:
Counsel of Record for This Party:
Donna M. Donaher, Esquire
Pa. I.D. #53165
TUCKER ARENSBERG, P.C.
Firm #287
1500 One PPG Place
Pittsburgh, PA 15222
(412) 566-1212
IN THE COURT OF COMMON PLEAS Of CUMBERLAND COUNTY, PENNSYLVANIA
Civil Division
PNC BANK, NATIONAL ASSOCIATION, )
)
Plaintiff, )
)
rS, )
)
MACARL FOOD EQUIPMENT, INC., )
)
Defendant. )
NOTICE TO DEFEND
YOU HAVE BEEN SUED in court. IF YOU WISH TO DEFEND against the calims set
forth in the following pages, YOU MUST TAKE ACTIONS WITHIN TWENTY (20) DAYS after this
complaint and notice are served by entering a written appearance personally or by attorney and
filing in writing with the court your defenses or objections to the claims set forth against you. You
are warned that IF YOU FAIL to do so, the case may proceed without you and A JUDGMENT
may be entered against you by the court without further notice for any money claimed in the
complaint or for any claim or other relief requested by the plaintiff. YOU MAY LOSE MONEY OR
PROPERTY or other rights important to you.
YOU SHOULD TAKE THIS PAPER TO YORU LAWYER AT ONCE. IF YOU DO NOT
HAVE OR KNOW A LAWYER, OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE
OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP:
LAWYER REFERRAL SERVICE--
Lawyer Referral Service
Court Administrator
Cumberland County Courthouse
Carlisle, PA 17013
(717) 240-6200
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
PNC BANK, NATIONAL ASSOCIATION, )
Plaintiff, )
)
VS. )
)
MACCARL FOOD EQUIPMENT, INC., )
)
Defendant. )
COMPLAINT
AND NOW, comes the Plaintiff, PNC BANK, NATIONAL ASSOCIATION, formerly The
Hershey Bank, by and through its counsel, Tucker Arensberg, P.C., and files this Complaint
stating as follows:
1. Plaintiff, PNC BANK, NATIONAL ASSOCIATION ("PNCB"), is a national banking
association organized under the laws of the United States and a citizen of Pennsylvania, with its
main office located at Fifth Avenue and Wood Street, Pittsburgh, Pennsylvania.
2. PNCB is the successor in interest to The Hershey Bank.
3. Defendant is MacCarl Food Equipment, Inc. whose last known address is 112 S.
Sporting Hill Road, Mechanicsburg, PA 17055.
4. Defendant, on January 16, 1987, executed a Promissory Note ("Note") and
thereby promised prompt and punctual payment of the indebtedness due under the Note. A true
and correct copy of said Note is attached hereto, incorporated herein and labeled Exhibit "A".
5. By the Note, Defendant promised to pay Plaintiff the principal sum of $25,000.00
together with interest thereon in the manner provided by the Note.
6. Defendant has failed to make payments when due under the Note creating an
event of default and, accelerating all amounts due.
IN CIVIL ACTION
=
Under the Note, the following amounts are now due by Defendant to PNCB:
Principal Debt $13,639.85
Interest through 3/11/02
Attorney's Commission
294.74
2,090.19
Total $16,024.78
8. Under the terms of the Note, Defendant is liable
commission of fifteen percent for collection.
to PNCB for attorney's
WHEREFORE, Plaintiff, PNCB, requests this Honorable Court to enter a judgment in favor
of Plaintiff against Defendant, in the amount of $16,024.78 plus costs and interest.
TUCKER ARENSBERG, P.C.
Donna M. Donaher, Esquire
1500 One PPG Place
Pittsburgh, PA 15222
(412) 566-1212
Attorneys for Plaintiff
BF169358.1
THE HERSHEY BRNH
Membel FDiC
PROMISSORY NOTE
$ ' 25 I 0,0.0 o 00
~_~_ ~:Lty Aq~_~-e~t: ~LnventoL-v and accounts ~'ece:Lvab].eo
CORPORATION
MacCarl Food ~-qulpment Inc.
Title
PARTNERSHIP
By:
By:
By:
By:
By:
EACH AND EVERY ENDORSER OF THIS NOTE AGREES TO BE SOUND BY THE PROVISIONS PRINTED OR OTHERWISE APREARING 9N THE FACE OR
REVERSE OF THIS NOTE.
7830 W.I. tmer Dr.'tve
lia~cisbu~g ~ Pa 17111
VERIFICATION
The undersigned, John Matlak, hereby verifies the statements of fact contained in the
attached Complaint in Civil Action of Judgment to be true and correct according to his personal
knowledge, information and belief, and further pledges that this verification is made subject to the
penalties of 18 Pa. C.S.A. §4904 relating to unsworn falsification to authorities.
%. to .
Date:
By: Joh~ M~lak
Assis~nt V.P.
Manager
and Attorney Relations
BF122415.1
SHERIFF'S RETURN - REGULAR
CASE NO: 2002-01583 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
PNC BANK NATIONAL ASSOCIATION
VS
MACARL FOOD EQUIPMENT INC
JASON VIORAL , Sheriff or Deputy Sheriff of
Cumberland County, Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT & NOTICE was served upon
MACCARL FOOD EQUIPMENT INC the
DEFENDANT , at 0840:00 HOURS, on the 23rd day of April
at CUMBERLAND CO SHERIFF'S OFFICE ONE COURTHOUSE SQ
CARLISLE, PA 17013 by handing to
SCOT GARBER, PRESIDENT
a true and attested copy of COMPLAINT & NOTICE
, 2002
together with
and at the same time directing His attention to the contents thereof.
Sheriff's Costs:
Docketing 18.00
Service .00
Affidavit .00
Surcharge 10.00
.00
28.00
Sworn and Subscribed to before
me this R~ day of
! P~Ehonot ary
So Answers:
R. Thomas Kline
04/23/2002
TUCKER ARENSBERG
By:
ty Sherzf f
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
PNC BANK, NATIONAL ASSOCIATION,
Plaintiff,
CIVIL DIVISION
DOCKET NO. 02-1583
VS.
MACARL FOOD EQUIPMENT, INC.,
Defendant.
PRAEClPE TO DISCONTINUE
Code:
Counsel of Record for This Party:
Donna M. Donaher, Esquire
Pa. I.D. #53165
TUCKER ARENSBERG, P.C.
Firm #287
1500 One PPG Place
Pittsburgh, PA 15222
(412) 566-1212
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
Civil Division
PNC BANK, NATIONAL ASSOCIATION,
Plaintiff,
VS,
MACARL FOOD EQUIPMENT, INC.,
Defendant.
No. 02-1583
PRAECIPE TO DISCONTINUE
TO: Prothonotary, Cumberland County
Kindly mark the action in the
Defendants, without prejudice to refiling.
above-referenced matter as discontinued, as to both
Respectfully submitted,
Sworn to and sub,s.g,dbed
before me this \"~ day
of.~ , 2002.
MY Commission Expires:
TUCKER ARENSBERG, P.C.
Donna M. Donaher, Esquire
1500 One PPG Place
Pittsburgh, PA 15222
(412) 566-1212
Attorney for PNC Bank,
National Association