Loading...
HomeMy WebLinkAbout02-1517 IN THE COURT OF COMMON PLEAS OF PNC BANK, NATIONAL ASSOCIATION ) Plaintiff, ) ) VS. ) CARL R. GARBER, and ) SUE Y. GARBER, ) Defendants. CUMBERLAND COUNTY, PENNSYLVANIA No. O~ -- i '17 CONFESSION OF JUDGMENT of which is attached as Exhibit "B", the undersigned attorney hereby appears for Defendants and confesses judgment in favor of Plaintiff, PNC BANK, NATIONAL ASSOCIATION, and against Defendants, jointly and severally, as follows: Principal Debt $13,639.85 Interest through 3/11/02 294.74 Attorney's Commission 2,090.19 Total $16,024.78 Donna M. Donaher, Esquire Attorney for PNC Bank, National Association copy of which is attached as Exhibit "A" to the Complaint filed in this action; and the Note, a copy Pursuant to the authority granted in the Warrant of Attorney contained in the Guaranty, a IN THE COURT Of COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PNC BANK, NATIONAL ASSOCIATION VS. Carl R. GARBER, and SUE Y. GARBER, Plaintiff, Defendants. CIVIL DIVISION NO. (~;l -- COMPLAINT JUDGMENT IN CONFESSION OF Filed on behalf of Plaintiff, PNC Bank, National Association 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 C~)URT Of COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PNC BANK, NATIONAL ASSOCIATION Plaintiff, VS. Defendants. CARL R. GARBER, and SUE Y. GARBER, No. O~ - COMPLAINT IN CONFESSION OF JUDGMENT 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 confessing judgment in its favor, stating as follows: 1. Plaintiff, PNC BANK, NATIONAL ASSOCIATION, ("PNCB"), is a national banking association organized and existing under the laws of the United States of America and a citizen of at Fifth Avenue and Wood Street, Pittsburgh, Pennsylvania, with its main office located Pennsylvania. 2. 3. PNCB is the successor in interest to The Hershey Bank. Defendants are Carl R. Garber and Sue Y. Garber whose last known address is 56 Maple Avenue, Manheim, PA 17545. 4. Defendants, on January 16, 1987 executed a Guaranty ("Guaranty") and thereby guaranteed prompt and punctual payment of the indebtedness due under a certain Promissory Note ("Note") between PNCB and MacCarl Food Equipment, dated January 16, 1987. True and correct copies of the Guaranty and Note are attached hereto, incorporated herein and labeled, respectively, Exhibits "A" and "B". 5. By the Guaranty, Defendants, jointly and severally, promised to guarantee to pay Plaintiff the principal sum of $25,000.00 together with interest thereon in the manner provided by the Note. 6. There has been no assignment of the Guaranty. 7. ~ludgment has not been entered on the Guaranty in any jurisdiction against the Defendants or either Defendant. 8. The judgment by confession sought by PNCB in this Complaint is not being entered against a natural person in connection with a consumer credit transaction. 9. By Warrant of Attorney contained in the Guaranty, Defendants authorized entry of judgment by confession. 10. Pursuant to the Warrant of Attorney executed by Defendants, Defendants waived the benefit of all laws exempting real or personal property from execution. 11. Pursuant to the Warrant of Attorney contained in the Guaranty, judgment may now be entered against Defendants as payment on the Note was not made when due thereby creating an event of default under the Note and accelerating all amounts due thereunder. 12. Under the Guaranty, the following amounts are now due by Defendants to PNCB: Principal Debt Interest through 3/11/02 Attorney's Commission Total $13,639.85 294.74 2,090.19 $16,024.78 12. Under the terms of the Guaranty, Defendants are liable to PNCB for attorney's commission of fifteen percent for collection. WHEREFORE, Plaintiff, PNCB, demands that a judgment be entered against Defendants, jointly and severally, as authorized in the Warrant of Attorney contained in the Guaranty, in the sum of $16,024.78 together with interest and costs of suit. TUCKER ARENSBERG, P.C. Donna M. Donaher, Esquire 1500 One PPG Place Pittsburgh, PA 15222 (412) 566-1212 -2- GUARANTY (1) DEFINITIONS. "Undersigned" means the person including any form of legal entity, of. il moca !ha n one. all ol the persons by whom, or on whose behalf, this Guaranty is signed, "Principal Oebtor'a Liabilities to Bank" means all existing and futura liabilities, whether absolute or contingent, whether created dlreetly or acquired by the Bank (2) CONTINUING GUARANTY, herao any o ha Principa Debtor's Lieh I ties o Bank were or are ncurred. If the Undersigned desires to be relea~d from liability hereunder fo~ any further P~ n~ P~ (g) AMOUNT OF LIABILITY. (insert "unlimited" Or (4) UNCONDITIONAL LIABILITY. (g) WAIVERg, (Y) PAYMENT OF COETE. (g) ACCELERATION OF MABILITIEE. (10) BUBORDtNATION. (11) CONFEUlON OF JUDGMENT (lg) NO SUBROGATION. (1~) OTHER GUARANTIES. (14) MIBCBLLANEOUB. COLLATERAL. ................. ~.the~led.elllddMive/yofttw o owingdeKitbe(Jcolllterllend/or propel'ty, encibyany Executed and delivered in Withal whereof thll ~G~C~/~Iy of ~'at"t!./a:g'~ .19 87 , WITNESS: (individuals) (SEAL) By By THE, HERSHEY BRNH Membel FDIC PROMISSORY NOTE ,~ .o~.. I ~::~ ~ ! ~1 January 16 . 25~900-00 ................. ~ ..... 1hereon al ~ ._~OVa _~J~eJ~.ere~bez~Bm~. ~rtma-aa~e_a[..cha=ged--- ................ ~Yae~xxx~ per am~um from ti~ to t~ by the B~k, paid es ~ollows: ~t~e~t ~0 be paid ~thly as bill~ by ~e B~ ~d ~e pr~cipal shall be due ~d pay~le ~ ~. ~_~_ J~itY Aaree-.".~--~-- t inventory and ~c~-unts receivabl~. $. ADDITIONAL COLLATERAL PROVISION. 4. PAYMENT OF COST. CORPORATION MacCarl Food ~-quipment Inc. (Corporal, Seal) Title By: PARTNERSHIP By: By: By: INDIVIDUAL OFt PROPRIETOR Sy: By: By: Sy: Title EACH AND EVERY ENDORSER OF THIS NOTE AGREES TO SE SOUND SY THE PROVISIONS PRINTED OR OTHERWISE APPEARING 9N THE FACE OR REVERSE OF THIS NOTE. 7830 WJ.t:mer Drive Ila['rlsbut:g~ Pa 17111 VERIFICATION The undersigned, John Matlak, hereby verifies the statements of fact contained in the attached Complaint in Confession 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. Date: '~' By: Jol~'n MaR lak t V.P. and Attorney Relations BF122415.1 IN THE COURT Of COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PNC BANK, NATIONAL ASSOCIATION Plaintiff, VS. CARL R. GARBER, and SUE Y. GARBER, Defendants. NO. CERTIFICATE OF RESIDENCE I hereby certify that the precise address of Plaintiff is: Fifth Avenue and Wood Street Pittsburgh, Pennsylvania 15265 and that the last known address of Defendants is: 56 Maple Avenue Manheim, PA 17545 Donna M. Donaher, Esquire Attorney for PNC Bank, National Association AFFIDAVIT The undersigned hereby certifies that the judgment to be entered in this action is not being entered against a natural person in connection with a consumer credit transaction. To the contrary, the underlying transaction is a commercial transaction. Donna M. Donaher, Esquire Attorney for PNC Bank, National Association Sworn to and subscr'd3ed befores_me this ~::t~'~ay of i[~{~(~./~,._~ ,2002. Not~.ry Pu~'!!c '[ ]' Notarial Seal / Kelly J. Mlzak, Nofap/Public I City of Pittsburgh, Alleg~e_ _ ny County ! My Comrnl~lon-Explre~ May 23, 2005 SF169721.1 Member, Pellnaylvanla/~ms°ciati°n (~ N°taries ACT 105 OF 2000 NOTICE A JUDGMENT HAS BEEN ENTERED AGAINST YOU BY CONFESSION OF JUDGMENT. PURSUANT TO 42 PA. C.S.A. §2737.1, IF YOU WERE INCORRECTLY IDENTIFIED AS A DEFENDANT tN THE COMPLAINT IN CONFESSION OF JUDGMENT, YOU MAY BE ENTITLED TO COSTS AND REASONABLE A'CI'ORNEY FEES AS DETERMINED BY THE COURT. YOU MAY TAKE ACTION TO STRIKE THE JUDGMENT BY FOLLOWING THE PROCEDURE IN RULE 2959 WHICH IS AS FOLLOWS: Pennsylvania Rule of Civil Procedure 2959 - Striking Off Judgment. (a)(1) Relief From a judgment by confession shall be sought by petition. Except as provided in subparagraph (2), all grounds for relief whether to strike off the judgment or to open it must be asserted in a single petition. The petition may be filed in the county in which the judgment was originally entered, in any county to which the judgment has been transferred or in any other county in which the sheriff has received a writ of execution directed to the sheriff to enforce the judgment. (2) The ground that the waiver of the due process rights of notice and hearing was not voluntary, intelligent and knowing shall be raised only (i) in support of a further request for a stay of execution where the court has stayed execution despite the timely filing of a petition for relief from the judgment and the presentation of prima facie evidence of a defense; and (ii) as provided by Pennsylvania Rule of Civil Procedure 2958.3 or Rule 2973.3. (3) If written notice is served upon the petitioner pursuant to Rule 2956.1(c)(2) or Rule 2973.1(c), the petition shall be filed within thirty days after such service. Unless the defendant can demonstrate that there were compelling reasons for the delay, a petition not timely filed shall be denied. (b) If the petition states prima facie grounds for relief the court shall issue a rule to show cause and may grant a stay of proceedings. After being served with a copy of the petition the plaintiff shall file an answer on or before the return day of the rule. The return day of the rule shall be fixed by the court by local rule or special order. (c) A party waives all defenses and objections which are not included in the petition or answer. (d) The petition and the rule to show cause and the answer shall be served as provided in Rule 440. (e) The court shall dispose of the rule on petition and answer, and on any testimony, depositions, admissions and other evidence. The court for cause shown may stay proceedings on the petition insofar as it seeks to open the judgment pending disposition of the application to strike off the judgment. If evidence is produced which a jury trial would require the issues to be submitted to the jury the court shall open the judgment. (f) The lien of the judgment or of any levy or attachment shall be preserved while the proceedings to strike off or open the judgment is pending. IN THE COURT Of COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PNC BANK, NATIONAL ASSOCIATION Plaintiff, VS. CARL R. GARBER, and SUE Y. GARBER, Defendants. No. ~:)'~ - TO: Carl R. Garber 56 Maple Avenue Manheim, PA 17545 NOTICE OF ENTRY OF JUDGMENT Please take notice that on .J~. ~_? . 2002, a Judgment by Confession of Judgment, was entered against you in the court and at docket term and number set forth above. The amount of the Judgment is $16,024.78, plus costs. Prothonotary, Cumberland C~,{'ty IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PNC BANK, NATIONAL ASSOCIATION Plaintiff, VS. CARL R. GARBER, and SUE Y. GARBER, Defendants. No. ~2- TO: Sue Y. Garber 56 Maple Avenue Manheim, PA 17545 NOTICE OF ENTRY OF JUDGMENT Please take notice that on /'~~ ~ , 2002, a Judgment by Confession of Judgment, was entered against you in the court and at docket term and number set forth above. The amount of the Judgment is $16,024.78, plus costs. Prothon-ota~, cumberland (~o~ PNC BANK, NATIONAL ASSOCIATION, Plaintiff, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION NO. VS. Defendants. CARL R. GARBER, and SUE Y. GARBER, AFFIDAVIT OF Non-Military Service Filed on behalf of Plaintiff, PNC Bank, National Association 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 PNC BANK, NATIONAL ASSOCIATION, Plaintiff, VS. CARL R. GARBER, and SUE Y. GARBER, Defendants. CIVIL DIVISION NO. AFFIDAVIT OF NON-MILITARY SERVICE COMMONWEALTH OF PENNSYLVANIA ) ) COUNTY OF ALLEGHENY ) SS. I, John Matlak, being duly sworn according to law, hereby depose and say that the Defendants are not members of the military service to the best of my knowledge, information and belief. John M~ Assistant Vic~ President and Attorney Relations Manag r~,/' Sworn to and subscribed before me this t~i__th day BF169911.1 j ".. ~ I Notarial Sea~~ I Damella C. G~away, Nota~ Public J Pi~burgh AUegheny Coun~ ~ ~ ~m ss~on Expires June 28, 2003 Mem~r, P~n~,,~ ~a~n of No. ties IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PNC BANK, NATIONAL ASSOCIATION, Plaintiff VS. CARL R. GARBER and SUE Y. GARBER, Defendants CIVIL DIVISION NO. GD 02-1517 PRAECIPE FOR APPEARANCE AND PRAECIPE TO SATISFY JUDGMENT TO: Prothonotary, Cumberland County Kindly enter my appearance on behalf of Plaintiff on the above-referenced matter. Kindly mark the judgment in the above-referenced matter, entered in favor of Plaintiff and against Defendants, as satisfied as to both Defendants. Respectfully submitted, Donna M. Donaher, Esquire Attorney for PNC Bank, National Association Sworn to and subscribed before me this I~~'e' day O,~ 2O02. My Commission Expires: BANK F1:174211-1 999999-999999 Meliss~ Szalkay, No{ary Pub~hc City of piltsb~rgh, Alle~,l~ny t.:oun~y ! My commlssio. ~xpir~s o~. 31, 2oo~,,J IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PNC BANK, NATIONAL ASSOCIATION, Plaintiff VS, CIVIL DIVISION NO. GD 02-1517 PRAECIPE FOR APPEARANCE AND PRAECIPE TO SATISFY JUDGMENT Filed on behalf of Plaintiff, PNC Bank, National Association CARL R. GARBER and SUE Y. GARBER, Defendants. 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