HomeMy WebLinkAbout06-5585IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
PNC BANK, NATIONAL ASSOCIATION,
Plaintiff,
vs.
FRIENDS FOR LIFE INTERNATIONAL,
Defendant.
No. ol." 's-sps
CONFESSION OF JUDGMENT
Pursuant to the authority granted in the Warrant of Attorney contained in the Guaranty, a
copy of which is attached as Exhibit "A" to the Complaint filed in this action; and the Note, a copy
of which is attached as Exhibit "B", the undersigned attorney hereby appears for Defendant and
confesses judgment in favor of Plaintiff, PNC BANK, NATIONAL ASSOCIATION, and against
Defendant, as follows:
Principal Debt $ 46,345.59
Interest through 8/29/06 4,605.03
Attorney's Commission 5,095.06
Total $ 56,045.68
Donna M. Donaher, Esquire
Attorney for PNC Bank, National Association
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
PNC BANK, NATIONAL ASSOCIATION, CIVIL DIVISION
Plaintiff, NO. 0 to --ss t
vs.
COMPLAINT IN CONFESSION OF
JUDGMENT
FRIENDS FOR LIFE INTERNATIONAL,
Filed on behalf of Plaintiff,
Defendant. 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 COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
PNC BANK, NATIONAL ASSOCIATION,
Plaintiff,
vs.
FRIENDS FOR LIFE INTERNATIONAL,
Defendant.
No. c)(. --• :W
COMPLAINT IN CONFESSION OF JUDGMENT
AND NOW, comes the Plaintiff, PNC BANK, NATIONAL ASSOCIATION, 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
Pennsylvania, with its main office located at Fifth Avenue and Wood Street, Pittsburgh,
Pennsylvania.
2. Defendant is Friends For Life International whose last known address is 890
Popular Church Road, Suite 410, Camp Hill, PA 17011.
3. Defendant, on December 9, 1999, executed a Commercial Guaranty ("Guaranty")
and thereby guaranteed prompt and punctual payment of the indebtedness due under a certain
Promissory Note ("Note") between PNCB and Janiece C. Andrews, MD, dated December 9„
1999. True and correct copies of the Guaranty and Note are attached hereto, incorporated herein
and labeled, respectively, Exhibits "A" and "B".
4. By the Guaranty, Defendant promised to guarantee to pay Plaintiff the principal
sum of $100,000.00 together with interest thereon in the manner provided by the Note.
5. There has been no assignment of the Guaranty.
6. Judgment has not been entered on the Guaranty in any jurisdiction against the
Defendant.
7. 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.
8. By Warrant of Attorney contained in the Guaranty, Defendant authorized entry of
judgment by confession.
9. Pursuant to the Warrant of Attorney executed by Defendant, Defendant waived the
benefit of all laws exempting real or personal property from execution.
10. Pursuant to the Warrant of Attorney contained in the Guaranty, judgment may now
be entered against Defendant 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.
11. Under the Guaranty, the following amounts are now due by Defendant to PNCB:
Principal Debt
Interest through 8/29/06
$46,345.59
4,605.03
Attorney's Commission 5,095.06
Total
$ 56,045.68
12. Under the terms of the Guaranty, Defendant is liable to PNCB for attorney's
commission of ten percent for collection.
WHEREFORE, Plaintiff, PNCB, demands that a judgment be entered against Defendant,
Friends For Life International, as authorized in the Warrant of Attorney contained in the Guaranty,
in the sum of $56,045.68, together with interest and costs of suit.
TUCKER ARENSBERG, P.C.
By
Donna M. Donaher, Esquire
1500 One PPG Place
Pittsburgh, PA 15222
(412) 566-1212
-2-
BOrMWIY: JANIECE C. ANDREWS, MID (SS}l: 452-644-3933)
230 CRESCENT DRIVE \
HERSHEY, PA 170M
Guarantor; FRIENDS FOR LIFE iNTERNATION//AAAAi, MG
860 POPULAR CHURCH ROAD, 410
CAMP HILL, PA 17011
IAL GUARANTY*
not limit the sookabiliN of this document to any wilcular loan or Item.
Lender: PNC BANK, NATIONAL ASSOCIATION
4242 CARLISLE PIKE
CAMP HILL, PA 17001-8674
?c
AMOUNT OF GUARANTY. The amount of mla Guaranty Is Unlimited.
CONTINUING UNLIMITED GUARANTY. For good snb vaMieble a
absotukly and unconadonslly guarantees and pMMI$gs to pay to
tender of the United States of America, the Indebtedness (as that
Lender on the tams and condltons set forth In this Guspsnly. Undo
of Gusromtor am eoMlnuing. 1
DEFINITIONS. The following words shall have the fallowing n)esrdngsN'
!ration, FRIENDS FOR LIFE INTERNATIONAL, INC. ("Guarantor')
BANK, NATIONAL ASSOCIATION ("Lender) or its ordc, in legal
Is defined below) of JANIECE C ANDREWS, MD ('Borrower') to
Glarmly, the OabMty of Guarsntor Is unlimited and the o118getons
used In this Guaranty:
Borrower. The word 'Borrower' means JANIECE C. MD.
Guarantor. The word "Guannfor means FRIENDS FOR FE MERNATIONAL, INC..
Guaranty. The word "Guaranty' means lthls Guaranty maci a b6 Guarantor for the bereft of lender dated December 9, 1999.
Irdebtedneee. The word 'Indebtedness" h Wed In its comprehensive sense and means and hhokrdss any end all of Borrower's liabilities,
obligations, debts, and lndebtedreas to Lander, now ng or hereinafter Incurred or cleated, Irv uding, without I rrAstion, all loan, advances,
Interest, costs. debts, overdraft Indebtedness, credit car debtednesc, (ease obllgaion other obegaform and flabildes of Borrower, or any of
them, and any present or future judgments against B or arty of them; and whether any suoh Indebtedness is voluntsray or Involuntarily
inctrrad due or not due, absolute or COnllrlgerlt A led or trnfQtsdated determined or undetermined; whether Borrower may be table
IndhtduaLy or primly with others or pnimariy or sec a a guarantor or surety, wwhether recovery on tl»,lndebtedresa may be or may
became barred or unenforceable against Bonoww a mason whatsoever and wither the Indebtedness areas from transaction which may
be voidable on aooourd of Infancy, Insanity, tdta or
Lender. The word' ender" mean PNC BANK L)IATIONfL ASSOCU IXX Its successors and assigns
Related Documents The words AWted urns mean and Include without Imitation all promissory nobs, credit agreements, loan
agreements, environmental agreemerhb, g agreements, mortgages, deeds of tusk aM as other utstrurnenis, agreements and
documents, whether now or hereafter sodas . eomcuter conneclion with the Indebtedness.
MAXIMUM tall be Willadtad.
MAXIMUM UABILITY. The amandn UM ilabtty Guarrnl wider this Guaranty s
NATURE OF GUARANTY. Guarantor's under this Guaranty shall be. open and oor mucus for so long as this Guaranty remains In force.
Guarantor Intends to guarantee at d times prtorrnrbe and pronpt paymgM when duo whetsr at maturity or earlier by reason or auxsterafion or
otherwise, of all Indebtedness. Aodad no payments made upon the Indebtedness will dkioharge or dhrdNsh the continuing liabfty of Guarantor
in ooruectbn with any remalMng of the lndebiedrhess or any of tar` Indebtedness which subsequently arises or Is thereafter Incurred or
contracted. I
DURATION OF GUARANTY. This G wtA take effect when received by Ldltda Without the necessity of any acceptance by Lender, or any notice
to Guarantor or to Borrower, and cordinue In kill force until all Indobledifass ironed or oonhacled betas receipt by Lender of any mice of
reVC r lion shell have been ftdly inlly paid and "fled and >0 other tiers of Guarantor under this Guaranty shall have berm performed In
481. It Guarantor elects to revoke this Guaranty, Gtjkranfor may ordy do so h wart ig. G'usranlort vrrfdsn no0oe of revocaion must be mated to
Lender, by oartifed mad, at the address of Lander jIs11eedd above or such other . ace as Lsndsr may deelgnale in wrEng. Written revocation of this
Guaranty will apply only to advances or new Indebtedness rxaatad filer adual ' by Lender of Guarantor's written revocation. For Ifts purpose
and without Imiatlon, the term Nww indebtadnose;does not Indurate Indebted which at the Ime of no0oe of revocation is coningent, unkfMaled,
undetermined or not due and which later becordes absolute, IgUldated, red a dus. This Guaranty will continue to bind Guarantor for all
Indebtedness iruashed by Borrower or oornmtttid by Lender prior to moeipt of Guarantors written nofbe of ravocaion, Indudfng any extensions,
renewals. subsltuions or modifications of the Uldebledness. All renewals, sutsMuUms, and modiAoaiors of the Indebtedness granted
after Guarantors revocation, am coMemp4lsd?undr this Guaranty anti, will not be considered to be new Indebtedness. This Guaranty
shall bind the estate of Guarantor as to Indebtedness created both before end the death or Incapacity of Guarantor, regardless of Londoes actual
notice of Guarantor's death. Subject to The foregoing, Guarantor's wm%Aa or ad nistrator or other legal raprsserrbive mey terminb this Guaranty In
the same manner in which Guarantor might have terminated I and wllh Ice ellect Release of any other guarsnt r or Itrmination of any other
guaranty of the Indebtedness stall not aged the liability of Gus rancor under this sty. A revocaion rooerved by Larder from any one or more
Guaranon alai not allied the liability of any rernirrm Guarantors under this . H b arrtidpaled mat tbctuetlons may occur in "M
agigregalle of Indebtedness, even to sero doll
the ar ($o prior to wAfbt Guaranty by Guarantor sh@W not ea UMAe a
terminatlom of Ills Guaranty. This Guaranty Is tfndbtg upon Guarantor and 1 heirs, sole cessions arid assigma w ?0^0 as any of the
gum -Mod bdebteWtess remains unpaid and even Lough the Indebtedness guarardeed mey from done to Ow be zero Will (11141,00).
GUARANTOR'S AUTHORfZATIO14 TO LENDER. Guarantor authorbas Lender, elther behors or after arty revoa0on hereof, wmmaa notice or
demand and without bksenkg Guarardor's liability under this Guaranty, hen tine to Ime: (a) prom a revoca n, i as set tomb above, to maraca
one or amore adatomaf secured or mrhsewred f0ona to Borrower. 10 kale aVtdphslyd or ogmle goods b etlrrv,rer, or otharwfse to eceamd
adatorW craf@ to So. owes (b) Io attar, compMmIse, renew, erdarut, accelerate, or ottooW ehompe one or more times Ire tiny for
payouts or other tarns of the Irs"teamess or any psi of the Irh1 e1 1, 1n I , n"idtng Mmoeesw and ttetratasa of the role of bftered on the
r -11 sdrmesF a lenslorks may be repeaaed end may be for longer man the wtgbel roan W" (c) to No and told woo" for No Mom" of
tuft Guaranty of the Mdebiefilt es, and MhWq e, etltome, Wallis, tUllbfAlt6l, fd or dedile set 10 peffeeI Lard rehearse trey such sMrtty,
with or without the subs0tuton of rhew cotWfel; (d) to release, substltute, agree not to sue, or deal w2h arty one at more of Borrower's
turetee, aWorsara, or other gurerNOrs on arry trims or In eery manner Lender array elhoow (q to detanlrn bow, when and wtut application
of payments and credits Malt be made on the Indebtednes ; m to apply such scccraty and arses the order of reamer of We thereof,
rrel, Ing without limitation, arty "odlcial sale pe mltted by the forms of the controlling security apreaserd or deed of treat, as Lender In Us
EXHIBIT
12-09-19" ? COMMERCIAL GUARANTY • Page 2
Loan No (Continued)
dbcretlon may delarmane; (g) to sell, transfer, assign, or grant partidpotlons In at or any part of the Indebtedness; and (h) b assign ex
transfer this Gosranty In whole or In pot
GUARANTOR'S REPRESEWA11ONS AND WARRANTIES. Guarantor represents and warrants to Lander the le) no rsprosentaflons or agreements
of arty kind have been made to Guarantor which would irril or quality in any way the tarns of this Guaranty; (b) this Guaranty Is asocubd at
Borrower's request and not of the request of Lander; (c) Guarantor has has power, tight and authority to enter Into this GuwvW, (d) to provisons of
This Guaranty do not conflict with or result In a defoull under any agreemant or cow I tstrunhenl binding upon Guarantor and do not result in a vlobbon
of any law, regulation, cart doom or order applicable to Guarantor. (a) Guarantor has not and will not without the prior wrhlten consent of Lander,
sea. less, asspn, encumber, hypoMaeala, transfer, or otlrowise dispose dot or substantially all of G Arantaft aesele or any In Mm teroin; (t) upon
lender's request Guarantor will provide to Lander ' nclai and oradit Information in Corm acceptable to Lender. and an such financW information
which currently has been, and of future Anon aW, on which wIN be provided to Larder is and will be he and con in an mates respects and
fairly pnssfA the Handal condition of Guava" as of dates the financial information Is provided; (g) no mabriai adverse change has oocdared in
Guarantor's financial condriton siroe the date of the recent flanclel statements provided b Lander and no event has occurred which may
matarldy adversely aced Guarardar's financal (h) no litigation, claim, investigatim adminivins ve proceeding or *rdar action (Including
those for unpaid taxes) agakst Guarantor Is pending or toned; (p Lander has made no rep oserdation to Grannior as to the aedtwoMro" d
Borrower, and Q) Guarantor has established adequate of obtaining from Borrower on a continuing bash Inforrratiol rsgardng Borrvwar"s
6nanoW condition. Guarantor agrees to keep adwqua informed from such means of any hctk events, or circumstances which might in any way
affect Guarenlor% risks under this Guaranty, and G further agrees that Lander SW have no obNation b rQadoss to Guarantor any Information
or documents acquired by Lander In the came of Ib rely rstdp wish Bonv~.
GUARANTORS WAIVERS. Except as prohibited by few. Guarantor wahms arty right b require Lender (a) to continue bmilng money or to
adend otter credit to Borrower, (b) to make ary tmwnt protest demand, or notice of any kInd, I cluAng notice of and norpayment of the
Indebtedness or of any nonpayment rotated to arty or roll- of arty action or naaefon on the pars ot Borrower. Lender. arty uaaly, endorser,
or other guarantor in connection wth ter Indebtedness in connaction with to oreetioo of now or addroral loans or obligations; (c) to neon for
payment or to proceed dkeotiy or at once against any n, includIng Borrower or any dinar guarantor; (d) to F r' 1 d dJnelly against or axduust any
ooklarat held by Larder from Borrower, any other or any other person; (e) to give notice of the Ums, ims, and place of any pubic or
Private sale of personal property security held by Lender Borrower or to oorrhpy with any cow applicable provisions of the Uniform Corunaclai
Coder, (1) to pursue any other remedy within LandWs or (g) b commit any ad or omission of any kfrhd, or at arty time, wth respect b any
meter whatsoever.
Guarantor also wanes any and ot rights or deknses ng by reason of (a) any `ono action' or Yfi-da%loncy' law or arty other law which may
prevent Lender from bringing any action. Induding a for deficiency, against flarenlor, before or aft L order's commencement or completion of
any foreclosure action, ether )udkyatiy or by exaarbbs of power of sale; (b) ary wleobon of rernades by Lander which destroys orotarwie adversay
atacb Guarantor's subrogation rights or Guaraillon's to proceed against Borrowwr for reimbursement, Ircardng without lunation, any toes ohf
rights Guwantq may suffer by reason of any law 1 gxWiMng, or discharging the indebtedness; (o) any dsabify or other do*" Of Borrower, of
any other guarantor. at of any other penon, or by of the osasation of Bcrroweh Monty from any sues wlaabmw, other than payment In fun
Innd?ibbdness; tender, eaany statute limitations, I at ny m any ctlion oof this Indabledretas on the beft of r suit brought by Larder again(G w?Is kniplirneent Of commenced there is outstanding
Indebtedness of Borrower So Lander which Is not by any applicable statuls of Wriaflons; or (i) any desenses given to guaranbrs at law or In
equity other tan actual payment and penormw-" the indebtedness. It payment Is ma W by Borrower. whether vdunm* Or otrwlse, d by anY
tad party, on ffa indebtedness and thentafier Lo"Oer is forced to remit the &nv" of that payment to Bonovrsr't motors in bankruptcy or to arty
sIm for person under any deder l or state bankruptcy 'aw or law for the relief of deblors, the Indebtedness shat be considered unpaid for the purpose of
onlavoement of oft Guaranty.
Guarantor further waives and agrees not to assert or cWm at any tiro any deductions to it* amourd guararieod under Via Guaranty for any claim of
setoff, toun*cWrrL counter demand, rooourpmbrd or shrAW right, whether such claim, dent-4 or night may be asserted by this Borrower. the
Guarantor, or both.
GUARANTORS ut1D6R5TANDING WITH RESPECT TO wAmms. Guarantor warrants and agrees tat each Of to wales set forth above Is made
with Guarantor's hxti knuwisdge of Its slgrnftiorarca knd consequences and that under the cirwmttanoes, to walvers acs reasonable and not contrary to
public policy or low. 11 any such waiver is determined to be contrary to any applicable law or public policy, such wetver shad be -iodine 0r WY to to
avert permitted by law or punch- pocky.
LENDER'S RIGHT OF SETOFF. In add'rh'on tc`at liens upon and rights bit setoff agelrsf to mroneys, ssc%affia or otter property of Guarantor given to
Lander by law, Lender stall have, with respect to Guaremoes obligations to Lender under this Guaranty and to the ®dent pantile by law, a
consaclud security Interest In and a right ofj§elat against, and Guarantor hereby assigns, cornaM detvens, pledges., and transfer; b Lender d d
Guarandoh ". We and interest in and to ,a1 deposes, moneys, securitlas and other property of Otairani or now or hanaft in thaw possession of a
on deposft with Lander, whetter hold in gwand or spoaal aooodmt ar deposit whether held Johnny with aomecs eba, or whether hold tar
sabkeeplnp or otherwise, axkxting how0w all IRA. Keogh, and trust aodounls. Every such security kdareel and right of 9" may be oarcisad
without demand upon or notice to Guoar)br. No security Interest or right of "W shall be tlaene I to have been waived by uy set or conduct on the
part of Lender or by any neglect to stereft such tight of selff or to anhxa Sych asewiy Into or by ay delay in so doing. Every right of a" and
security Inla s, shall continue in tuff lo,19 and abed una such right of. sortoff'pr security Interest Is specifically wrsived a abased by an Instrument in
writing wascultid by Lander. 11 -
SUSCIRDWATION OF BORROWER'S DOM TO GUARANTOR. Guars.4 tore" that the Irdebtildresso of Borrower to larder, whether now
exfstinp or hereafter created. 3W ,69 prior to arty Balm that Guarantor may nmwvvt? have o harsatter acquire apaksf Borrower, whether or not Borrower
becomies Insolvent. Guarantor hereby expressy subordinates any claim Guarantor may have against Borrower. Won am account whaEosver, to any
claim that Lender may now or hwaaaer have against Borrower, in the evrerd Insolvency and conimuerhi fgdidabon of the as--I Of Bmvwer,
through bankruptcy, by an assignrdari fair the benatt of oredlors, by vertu igtfciation, or otherwise, ter asseh of Sartvwrerappiteabte to use
payment of the claims of both L.ondar and Guarehtor shad be paid to Larder stern be "applied by Lander to to indebtedness of Sonvwer to
Lender. Guarantor does hereby assign to Lander at delms which It may ha or acquire against Borrower or against any assigns n trustee In
bankrWlcy of 8brr-, provided however, that such assignment shat be only for the purpras of assuring to Lender w payment in legal
lender of to Indebtedness, It Lender so requests. ary notes or ere& aaroerdents or hereafter evidencing any debts or Oftafons of Borrower to
Guarantor shot be marked with a legend that tie, same are subject to this Guare and Stan be delivered to under. Gdarantor agrees, and Lanier
hereby is aWUxlasd. In to name of Guarantor, from Ems to flme to wftu bo and Arharhoing sfaferrhards and conEnhation statements and to axmcule
such other documents and to lake such otter actions as Lender deans rhsosssary, or approphte b petted, preserve and enforce Its Nhb under tots
Guaranty.
NSC ELLANSOUS PROVISIONS. The following miscellaneous provisions are a part of this Gu traiAy.
Amendments. This Guaranty, together w9h ary Petaled Documvi , constitutes the enir- understanding and agreement of the parties as to the
meters 90 forth in this Guaranty. Tic aftarafon of or amendment to this Guaranty shot be effective unless given In writing and signed by the pay
or parties sought to be charged or bound by Ie allocation or amendment
tie-o9-t999 COMMERCIAL GUARANTY
Loan No (Continued)
Page 3
Appikable Lm. This Guaranty has been delivered to Lander and acceplsd by Lender In the Commonwealth of Pennsylvania. M there is a
IswsulC Guarantor agrees upon Lender's request to submit to the psisdic5on of the oouAS of CUIMBERLAND County, Oomm"weaM d
Pennsylvania. Lander and Guarantor hereby walve the right to any )ury trial in any action, proraeding, or counlsdatm brought by either Lander or
Guarantor against the other. This Guaranty shell be governed by and construed In aooordence with tit taws of the CommornwaliM of
Pennsylvanle.
Attorneys' Fens; Exgsalteee. Guarantor agrees to pay upon demand all of Lender's coals and menses, Including attorneys' leas and Landers
legal wooraes, Incurred in connection with the enbrcerne t of Cdr Guaranty. Lander nay pay someone do to help enforce this Guaranty, and
Guarantor shall pay the costs and sogenses of such srdaoament Ccak and eogmm Include Landef^s allorneys' lees and legal arpaaes
whether or not them Is a Lwsul, including oftyw s' teas and lapel expenses for bankruptcy prooseArhgs (and Including efforts to modify of
vacale any aibmaio stay or injuncion), appeals, and any anticipated podJudgmaa oolection services. Guarantor also shall pay al court oost5
and such additional fees as may be directed by the court
Nolloes. All notion; required to be given by either party to the other udder this Guaranty s1W be in writing, may be seni by leldacslmEa (unless
otherwise required by lawn and, exoW for revocation notices by Guarantor, shall be afNoM when acidly delivered or when deposited with a
raltonslly recognized overnight courW, or when deposited in the United Sibs mall, kat des postage pdepeld, addressed to the pry to whom
the notice is to be given at the address shown above or to such other addresses as abler party may, do 19 1 to the other In w 1111. All
revocation notion by Guarantor shelf be In wrl&V and she be oflsela only upon daMry to Lander as provided above In the me" 91bd
'DURATION OF GUARANTY` If there Is more than one Guarantor, nolbe to arhy Guarantor will ooretiTule notice to all Guarantors. For notice
purposes; Guarantor agrees to keep Lender Informed at ere Imes of GuerantorY current address.
inderpreldim. In ail cases where there Is more than ore Borrower or Guarantor, than ati words used In this Guaranty in the singular shall be
deemed to have been used In the plural where the conlwd and oonst uct on to require; and where time is more than one Bonowen named in Cris
Guaranty or when this Guaranty is aaoadled by more than one Gauanhr, to words 'Borrower and "Guarantor' respeelvely shall mean aE and
any one-or more of them The words "Guarantor; "Sonower, and Laoder' Include the hek% axonsors, assigns, and banstxaes of each of
them, Caption hot" in this Guaranty am for convenience purposes only and are not to be used to Mgrpiet or define the provisions of this
Guaranty. U a court d co?aprtt) fills any provision of this Guaranly to tea kwald or udedtoroselA as to any person or cmUrflltance,
suoh finding shell not'hwxW Cr( Ion Invalid or unenforceable as to arty other parsons or cirgrndanose, and all provWons of Ws Guaranty
in all other respects aha_ K reerlY enlaoeable. M any one or more of Borrower or Guarantor are corporations or patQtsshiM it Is not
d tf tgl.Le6id(pt to inquire powers.d Borrower or Guarantor or of tie officers, drrdors partnoM or agents acting or pu )writ to act
an YbetheM. and any indebted made or created In rWnee upon the prdane0 nsaadaa of inch powers shat be guaranteed under this
Guaranty.
Wavier. Lander shelf not be deemed to ve wetved any rights under this Guaranty unless such wavier b given In writing and signed by Lander.
No delay or cm bslon on the pad at L%casesconsord lng any right shell operate as a wavier of such right or any abler rlghL A wavir by Lander of
a provision of Ups Guaranty stall not or constitute a wavier of Landers right othervAss to dernand strict compliance with that provision or
any other provision of Utz Guarantyr by Lorna. nor cry course of dealing batsreah Ladder and GuararAor, steal constitute a
waiver of any of Lenders rights or of any orl< obligations as to any'lAixe transootionc. Whenever the consent of Lender 1s required
under this Guaranty, the granting at y Lander M any Instance shbnot uoratithrle oontinuirg consent to suteequ rl Instances
where such consent Is ne0utred and an consorht may be grartW or tie sue dsorellon d Lender.
UMITED RECOURSE A S TO NON-APPNolwitletuxhg anyBing red took to the contrary. N Ls agreed Cal, unless en
womption to the requirements d Reguiallod Governors d tit Federal System applies in connection with Ur aodedalon d the
indabledness and t e execution d Cps Gwho is deemed not to Do lapptioant for credif for purposes of such reputation (the
'Non-Apploard Spouse' shall be personally leble such Guaranty only with to assets told )*ft as of the data hared or hereaUa
acquired. and the fan of any Judgment, order or other relief abw"w the Spouse shall be itrrited thereto. Notting heraln, however. shelf
timC the Lenders rights against arty parson, firm or entry other Iban the Non-App Spouse.
CONFESSION OF JUDGMEE7TT. GUARANTOR HEREBY IRREVABLY
PROTHONOTARY OR CLERK OF ANY COURT IN THE CON TH
GUARANTOR AFTER A DEFAULT UNDER THIS GUARANTY, AN4 WITH OR
ENTER JUDGMENT AGAINST GUARANTOR FOR THE BOW
CHARGES, AND AJY AND ALL AMOUNTS EXPENDED OR jNXTS INDEBTEDNESS T
OGETHER WiTH INTEREST ON SUCH AMOUTEN PERCENT (10%) OF THE UNPAID PRINCIPAL BALANCE AFIVE HUNDRED DOLLARS (5500) ON WHICH JUDGMENT OR SO DOING, THIS GUARANTY OR A COPY OF THIS GUARANTY V?Aii?
GRANTED IN THIS GUARANTY TO CONFESS JLDGMENT ST
ALTHRORMY, BUT SHALL CONTINUE FROM TiME TO TiN AT nil
GUARANTY. GUARANTOR HEREBY WAIVES ANY RIGHT GlWONTOR
SUCH CONFESSION OF JUDGMENT, EXCEPT ANY NOTICE ANDIOR
EXECUTION OF THE JUDGMENT. AND STATES THAT EM-MA A
JLDGMENT PROVISION TO GUARANTORS ATTENTION OR GUARANTOR I4kQ
EACH LecutSIGNED GUARANTOR ACKNOWLEDGES HWVING READ
TERiAS. 1s' ADDRiON, EACH GUARANTOR USpERSTANDS THAT THIS
DEL I VETRY OF THIS GUARANTY TO LENDER AND THAT THE GUARANTY
IN TiE SECTION TILED "DURATION OF GUARANTY " NO POROM L
EFFECTIVE THIS GUARANTY IS DAT13) DECEMBER 9, 19".
OCA/L AUTHORIZES AND EMPOWERS ANY ATTORNEY OR THE
PENINSYLVANEA. OR ELSEWFIERE, TO APPEAR AT ANY TiME FOR
WTHOUi COMPLAINT FILED, AS OF ANY TERM. OONFESS OR
BALANCE OF THIS GUARANTY. ALL ACCRUED INTEREST. LATE
BY LENDER RELATING TO ANY COLLATERAL . SECURINGTHE
WiTH COSTS OF SUIT, AND AN ATTORNEY'S C0MWL43ON OF
INTEREST FOR oouscnot% BUT IN ANY EVENT NOT LESS THAN
ONE OR MORE DECUTIONS MAY ISSUE IMMEDIATELY; AND FOR
BY AFFIDAVIT SHALL BE SUFFICIENT WARRANT. THE AUTHORITY
SHALL NOT BE EXHAUSTED BY ANY E7ERCISE OF THAT
TohES UNTIL PAYMENT IN RILL OF ALL AMOUNTS DUE UNDER THIS
Y HAVE TO NOTICE OR TO A HEARING IN OOK EC71ON WITH ANY
RE0ut;: D UNDER APPLICABLE LAW WITH (RESPECT TO
-ARING ATNE OF LENDER SPECIFICALLY CALLED THIS CONFESSION OF
BEEN REPRESENTED BY INDEPENDENT LEGAL COLINSEI-
THE PROVISIONS OF THIS GUARANTY AND AGREES TO ITS
ES ER CTIVE UPON GUARANTOR'S VIE CUrION AND
CONTINUE UNTIL TERMINATED IN THE KANNEt SET FORTH
ANCE BY LENDER is NECESSARY TO MAKE THIS GUARANTY
THIS GUARANTY HAS BEEN SIGNED AND SEALED BY THE UNDERSIGNED.
GUARANTOR
JJ1
HU NIDS FOR LIFE tweRMA9I0NAI., sNC.
BY'F? K ANAREWIT?,i1DFM - )
12-09-1999
Loan No
COMMERCIAL GUARANTY i
(ConUnued)
CORPORATE ACKNOWLEDGMENT
,
STATEOF Pennsylvania
Cot1RTY of Cumberland
Page 4
- i
on ItA, the 9th ft qt December 1$ 99? ? Carol S. Roscienaki
Undersl9ned Notary Pubk, PersonaRtr appeared AM K. NDR
AEWS who S*W*Mdgsd tdnsW or harsetl to be Dw t'RESIDENT of FAIEWS FOR
LIFE INTERNATIONAL, INC., a oorpomtjon, and that he or she as such PRESMM, betrq authortasd b do so, glad bw ?orspolnp Irsnment for
Nre PUrpose9 thenaln contained by 09069 the name of the oorpaskm by NmsW or hwso as PF?9fDE]IT.
In wtbKae whereof. I hereunto set rrry herb and oflidd seal.
Notary Pubk In and for ft State d Pennsylvania
LASER PRO, R.¢ U.S. PaL i T.M. olt., Yx.1TT (<) taos CFIProS?rvkar, Inc. Nnahr?resrv?61PA-CtoA ANOREWSIN. r• oVlj, Oft,
Notww S"
if-pft CsfW ti Koscisrut1l Notiry P?torbr?flc1y
W E N 13, 2WO
Ass N*riss
` -
720
PROMISSORY NOTE
Shaded anti an for Landers Use only and do not" the applicability of this dot;umard to tiny uartloulu loan or
Borrower: JANIECE C. ANDREWS, MD (SSN: 452-64-=1) Lender: PNC BANK, NATIONAL ASSOCIATION
239 CRESCENT DRIVE 4242 CARLISLE PIKE
HERSHEY, PA 17093 CAMP Hit, PA 17001-aa74 /? / f (LG/? /Z
Principal Amount: $100,000.00 Date of Note: December 9, 1999
PROMISE To PAY. JANECE C. ANDREWS, MD ("Borrowerl promises to pay to PNC BANK, NATIONAL ASSOCIATION ("Lerhder'1, or order, In
Iswfut money of the United States of America, the prtrrolpal amount of One Htwhdred Thousand A OW100 Doors (5100,000.00), together with
interest on the unpaid principal balance from December 9, 1999, until paid In full.
PAYMENT. Subject to srry payment Changes resulting from changes In the Index, Borrower will pry thte ban in accordance with the following
payment schedule:
µ consewWe monthly inlered payments, beginning Jwxmy 25, 2000, with Merest calculated on the unpaid principal
balances at in Interest fete of 1.000 percentage points over On Index descibed below, and 72 consecutive monthly
principal payments of irl,3aaJ9 each, beginning January 2S, 2001, wtih Interest cak=U led on the unpaid principal I1alafI , 9
at on Interest rate of 1.000 percentage points over the Index described below. Bonower% bqH psymerlt of $l UBJl9 wlt be
due on December 2S, 2006. This sManlsd final payment is based on the ssxmnptlOn that al payments wO be atwde
exaeey se scheduled and tint the Index does not Change; the actual 1Id payment will be for sit principal and accrued
interest not yet paid, together w"h ary other unpaid anourrts under this Note.
The annual interest rate for this Note Is computed on a 3651360 ba! 7s; that It, by applying the ratio of the annual irderast rate over a year of 360 days,
mutilpuod by the outstanding principal balance, mu ll"ed by the actual number of days the principal balance Is outstanding. Borrower will pay Lander
at Lenders address shown above or at such other place as Larder may designate In
payments wig be applied W to accrued unpaid interest, then to principal, and any raraitng anent to airy unpaid collection or ntian costs osts by and late te eh ch is law,
arty unrges.
VARIABLE INTEREST RATE The Interest rate on this Note is subject to charge from Ems to tIna based on changes in an index which Is the Lenders
prime rate (la Index'). The Index Is a rate per annum as publicly announced by Lander from time to time as Its prime rate. The prime rate Is not led
a be any external rase or Index and If does not necessarily relect the lowest rate of I Ierssi actually charged by Lander to any pertloullar class or category
?.•y? of customers. Lander will tell Borrower the Current Index rate upon Borrower's rsglsa Borrower understands that Lander may maim loans based on
other rates as wait. The Interest rate change will not ooou more often than each day. The hhdex currently Is 111.900% per a ni mst. Thor Intanst rage
Of rates to be applied to the uhpold principal balance of this note will be the rate or rafts she forth above In the "Payment" section. NOTICE:
r. Under no circumstances will the Interest rats on this Note be more than the maximum rate allowed by applicable taw. Whawva khasases occu In the
' Irtarast rate. Lender, at Its option, may do one or more of the loaowlng: (a) Increase Sonweh paynwhb to arms* Borrower's loan will pay off by Its
original tiral mahaily dote, (b) Increase Borrowers payments to cower aoruing Inift , (c) Increase the number of Borrowers payments, and (d)
conarue Borrowers payments at the same amount and Increase Borrower's final paymeaL
PREPAYMENT. Borrower may pay without penalty of or a portion of the amount owed earner than it Is due. Early payments will not, unless agreed to
by Lender in wiling. relieve Borrower of 8aaawr's obligation to continue to make payments under the payment schedule. Rather, they will rsduon the
PdnciW balance due and may result In Borrower making fewer payments.
LATE CHARGE, If a psymeni L9 16 days or more Ids, Borrower will be charged SAO0% of 1he unpsld portion of the regularly scheduled paynhsrd
r or $100.00, whichever Is leas.
r.i DEFAULT. Borrower will be In default 1 any of the following happens: (a) Borrower fails to make any payment when dew. (b) Borrower breaks any
jT promise BorrOwar has made to Corder, or BO1TOWef fa is to comply wlh or to perform when due any other term, oblpallon, covenant. «eond6on
i Cenlekhed in this Note or arty agreement related be this Note, or in any other agreement or loan Borrower has with Lender. (c) Borrower defulb under
any loan, extension of awdtt, security agreement, purchase or sales agreement, or arty other agresmrd, In favor of any other creditor «petson that
m.y mhafaialy afleu t arty of Borrowers propariy «eorrowrers atxtilty b repay tits Note «perform Borrowers obligations under this Note or any of the
x Related Doeurterrta (d) Arty rapraserhtelon «stetertwht made a turrhishhad to Lender by Borrower or on Sorrowara behalf Is false or misleading In any
?.r? mafarlal respect;Nher now or at Cher time rrede or fterdshed (a) Borrower cites «beconres Insolvent, a nCaiver is appointed for any part of Borrower's
property. 8onvwer rthakes an osslgnmorht leer the berhetit o1 aodlors « arty prooeeding k commenced efthw by Borrower or against Borrower under
r,. . +nY baniouptcy « inseiwnoy teen (f) Arty credibr Irtea >o take any W Bortowers property on or N which Lan dwr has a ion or fealftiy Interest. This
` tndurdes a gamkhrtxern! ot cry of Borrowers aocounb with Londe . (g) Any cif the ewnb described M Cis dehutt section occurs with respect to any
guarantor of Cis Nola (h) A rnaterlsl adverse charge otxxhrs In Bortowa's Onancial cohdUm or Lender believes 00 prospect of payment or
h? peAOrmance of the Indebtedness b Impaled.
LENDER'S RIGHTS. Upon default, Lender may, after giving such notices as regxtred by applicable law. declare the entire unpaid principal balance on
0* Note and all accrued unpaid Interest ImmsdaWy due, and then Borrower will pry that amount. Upon default, Including faiure to pay upon feel
natutiy, Lender, at Its option, may also. it permitted under applicable taw. Increase the variable interest rate on this Note by 5400 percentage pants.
The intense rate will not exceed the maximum nab permitted by applicable law. Lander may hire or pay someone else to help COIeCI this Note I
Borrower does not pay. Borrower also will pay Lender that amount. This Includes, subject to any knits under applicable law. Lenders attorneys' tees
and Landers legal expenses whether or not then; Is a tawsul, including aftwnsys' tees and legal expenses for barha ptcy prooesdi gs (including
efforts to modify or vacate arty automatic slay or Injunction), appeals, and airy anticipated posliJudgment collection services. )f not prohibited by
applicable law, Borrower also will pay any court casts, In addition to all other suns provided by law. It judgment is entered In connection with this
Nola. Interest will continue to accrue an this Note alter judgment al the interest rata applcable to ft Note at the tine Judgment Is entered This Note
has been de Wered to Lender and accepted by Lender In the Connnowealth of Pera+syhanis. H there Is a lawsult, Borrower agues upon
Lender's request to submit to the jurlsusetloo of the courts of CLMMUMMAM County, the CO oxmweir111 of PennsylvaNa. Lender and
Borrower hereby waive the rfW to any My tried In any action, procesdkg, Of counterclaim brougist by cigar Lender or Borrower aydnst the
other. This Note shell be governed by and construed In accordance with the taws of the OommornreaRA of Pennsylvania.
RIGHT OF SETOFF. Borrower grants to Lander a contractual security Inure t In. and hereby asliprs, conveys, delvers, pledges, and transfers to
Lender all Borrower's right, file and interest in and to, Borrowers accounts with LerKtr (whether cheddrg, savings, or some olar .count), Inducing
without Ilmllettion all accounts held jointly with someone else and all account Borrower may open in the future, excluding however all IRA and Keogh
accounts, and all trust accounts for which the grant of a security Interest would be prohbi9d by law. Borrower authorizes Lender, to the extent
permNed by applicable law, to charge or selloff all sums a%," on this Note against any and all such aoeounk
COLLATERAL- This Note Is secured by, In addition to any other collateral, a Mortgage dated December 9, 1999, b Lender on real property located In
EXHIBIT
12-09-1999 PROMISSORY NOTE Page 2
Loan No PINTO). DAUPHIN County, Commonweafth or Pennsylventa, off the terns and conditions of which are hereby Incorporated and made a part of this Nob,
YEAR 2000 COMPLIANCE. Borrower has roviewed the areas within is business and operations which ootid be sdvw y alleckd by. and has
devblopod or k developing a program b addrtess on a timely basis the risk Cat Corkin cOnVular "llbabors used by Bonawer may be unable to
recognize and perform property dots-oonslilve funcMonc Involving dales prW to and aft December 1, 1999 (Res Yew 2000 Probbnr'} The Year
2000 Problem will not result, and Is not rommobty wgwted to result. to any arterial adverse clad on the business, propertSe!f,, assets, lrranciat
condition, resulis of operations or prospects of Borrower, or the abliy of Borrower to duty and punctually pay or perform b obligations hereunder and
under the Relaled Documents.
DISOLIRSEMEtYT PERIOD. it is agreed that subject to the terms and r4r4lorls of Ws Note and otter loan doeurneMs, advances under this Who may
be requested unll December 9, 2000, or unto to the funds are advanced, wticlwnw ooom &< Amounts advanced and repaid may not be
reborrowed.
ADDITIONAL PROVISION. This Note Is IssusO pursuant to a Letler ApreemeM doled SWlember 13, 19%, and the other documents referred to
therein, the terms of which am Incorporated herein by rsfsronce.
GENERAL PROVISIONS. Lender may delay or forgo enforcing any of Its rights or remedies under Cris Note without losing uem. Borrower and any
other person who sigtrs, guarartlaes or endorsaa this Note, to the a im, alowed by kw, waive preserrMwt uierrand for payment, prolast and notice of
dishonor. Upon arty change in the lernrs of this Nob, and unless ollwyme erprossfy sWW In writing, no party wtro slpnc sea Nob, whether as maker.
guaranlor, socormtwdation maker or endorser, stall be. ad easfrom lability. N such pestles agrw Cat Lander may renew or alderld (repeatedly and
fcx arty WVh of time) this loan, or release any party or guarantor or collateral; or Impair, kl b reds upon or perfect L orders seaalty Interest in the
collateral; and take any other action deemed necessary by Lender wRhaA the conesri d or notice b anyone. AS such parties also agree that Lender
may molly tics loan without the cons" o for notice to anyone other than the party with whom t e rnodMcdon ismade. If arty polon d thlsNote ls
for any reason determined to be unenforceable, it will not aced the enforceability of any other provisions of Cis Nob.
CONFESSION OF JUD A&W.. BQR40WER HI REBY fRREVOCABLV AUTHOR AND EMPOWERS ANY ATTORNEY OR THE PPZMNOTARY
OR CLEFT( OF ANY COURT IN THE COMMI P TH OF PENNSYLVANIA, OR O-SEWH E RE. TO APPEAR AT ANY TWE FOR BORROWEI AFTER
A DEFAULT UNDER THIS NOTE, AND WITH OR WITHOUT COMPLAINT FIND. AS OF ANY TEAM, CONFESS OR ENTER ,q.k)GWNT AGAINST
BORROWER FOR THE ENTIRE PRINCIPAL. M ANICE OF THIS NOTE. ALL ACCRUED INTEREST. LATE 04ARC2M AND ANY AND ALL AMOUNTS
!VENDED OR ADVANCED BY LENDER RELATING TO ANY COLLATERAL SECL"NG THIS NOTE TOGETHER WITH INTEREST ON SUCH
AMOUNTS, TOGETHER WITH COSTS CF SUIT, AND AN ATTORNEY'S COMMISSION OF TEN I NIT (10%) OF TFtrUNPAID PRINCIPAL
BALANCE AND ACCRUED INTEREST FOR COLLECTION. BUT IN ANY EVENT NOT LESS THAN FIVE HUNDRED DOLLARS (SM ON WHICH
.JUDGMENT OR JUDGM9M ONE OR MORE OCECUTIONS MAY ISSUE LATELY: AND FOR Sic DOING. T)#S NOTE OR A COPY OF TINS
NOTE VERIFIED BY AFFIDAVIT SHALL BE SUFFICIENT WARIRANIT, THE AUTHORITY GRANTED IN THIS NOTE TO CONJFESS lUOGMENT
AGAINST BORROWER SWILL SE 00JAUSTED BY ANY DfEFRgSE OF T AUTHORITY. Off SHALL CONTINUE FtaOM TIME TO TIME AND
AT ALL TIMES UNTIL PAYMENT IN OF. AIL AMOUNTS DUE UNDER S NOTE. BORROWER ?Y WANES ANY RIGHT BORROWER
MAY HAVE TO NOTICE OR TO A HEWAtr. IN C ONNEC170N WITH ANY CONFESSION OF.RDCa11ENi, F](CEfrT ANY NOTICE AND/OR
HEARING REOUtiRED UNDER W WRH RESPECT TO ON OF THE .I.DGMEM, AND STATES IRAT OTHER A
REPRESENTATIVE OF LENDER SPEC2FT CALLED THIS 00 ON OF JUDGMENT PROVISION TO BCFVIOWEFrS ATTENTION OR
BORROWER HAS BEEN REPRESENTED BY NT LEGAL COON
PRIOR TO SIGNING TONS NOTE, BORROWER RlbW AND UNDEAS ALL THE PROVISIONS OF THIS NOTE, INCLUDING THE VARIMLE
INTEREST RATE PROVISIONS. BORROWER A FE TER S OF THE NOTE AND ACKNOWLEDGES RECEIPT OF A COMPLETED
COPY OF THE MOTE
7HIS NOTE HAS I3I J SIGNED AND SEALED BYTI :UND SIG N
BORROWER: \
J 4EE
C C ANDREM/S, MD
1abMnat? Mrrpudr. LASER PRO, 119µV .Ar,M.Oft,Vr,21QrfCf1eWCFn Pr06fvbMk1-As Mile ref *& IPA- D20 ANDREWGLN C30,00VLl
l/J?,
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
PNC BANK, NATIONAL ASSOCIATION,
Plaintiff,
vs.
FRIENDS FOR LIFE INTERNATIONAL,
Defendant.
No.
CERTIFICATE OF RESIDENCE
I hereby certify that the precise address of Plaintiff is:
Fifth Avenue and Wood Street
Pittsburgh, Pennsylvania 15222
and that the last known address of Defendant is:
890 Popular Church Road
Suite 410
Camp Hill, PA 17011
B
y a
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 subscribed
before me this E2? day
of 2006.
Notary Public
BANK FIN:283312-1 999999-999999
COMMONWEALTH OF PENNSYLVANIA
Notarial Seal
Melissa Szalkay, Notary Public
City of Pittsburgh, ANegheny County
My commission Expires Odt. 31, 2009
Member, Pennsylvania Association of Notaries
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 IN THE COMPLAINT IN CONFESSION OF JUDGMENT, YOU MAY BE
ENTITLED TO COSTS AND REASONABLE ATTORNEY 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 (see text of Rule 440 reprinted below).
(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.
Rule 440. Service of Legal Papers other than Original Process
(a) (1) Copies of all legal papers other than original process filed in an action or served
upon any party to an action shall be served upon every other party to the action. Service shall
be made
(i) by handing or mailing a copy to or leaving a copy for each party at the
address of the party's attorney of record endorsed on an appearance or prior pleading of the
party, or at such other address as a party may agree, or
Note: Such other address as a party may agree might include a mailbox in the
Prothonotary's office or an e-mail address. For electronic service by means other than
facsimile transmission, see Rule 205.4(8).
(ii) by transmitting a copy by facsimile to the party's attorney of record as
provided by subdivision (d).
(2) (i) If there is no attorney of record, service shall be made by handing a copy to
the party or by mailing a copy to or leaving a copy for the party at the address endorsed on an
appearance or prior pleading or the residence or place of business of the party, or by
transmitting a copy by facsimile as provided by subdivision (d).
(ii) If such service cannot be made, service shall be made by leaving a copy at or
mailing a copy to the last known address of the party to be served.
Note: This rule applies to the service upon a party of all legal papers other than original
process and includes, but is not limited to, all other pleadings as well as motions,
petitions, answers thereto, rules, notices, interrogatories and answers thereto. Original
process is served under Rule 400 et seq.
(b) Service by mail of legal papers other than original process is complete upon mailing.
(c) If service of legal papers other than original process is to be made by the sheriff, he shall
notify by ordinary mail the party requesting service to be made that service has or has not been
made upon a named party or person.
BANK FIN:283312-1 999999-999999
VERIFICATION
The undersigned, Darnella Ganaway, hereby verifies the statements of fact contained in
the attached Complaint in Confession of Judgment to be true and correct according to her
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: q-15-0<- By:
Attorney Relations Manager
U
V"l
-r (,ry ;T -T1
? 3
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
PNC BANK, NATIONAL ASSOCIATION,
Plaintiff,
vs.
FRIENDS FOR LIFE INTERNATIONAL,
Defendant
TO: Friends For Life International
890 Popular Church Road
Suite 410
Camp Hill, PA 17011
No. O
(2 L- U ". L?'-?
NOTICE OF ENTRY OF JUDGMENT
Please take notice that on PVC.'34- 2006, 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 $56,045.68, plus costs.
(??v W
Pr thonota mberlan County
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
PNC BANK, NATIONAL ASSOCIATION, CIVIL DIVISION
Plaintiff, NO.
C
vs. AFFIDAVIT OF NON-MILITARY SERVICE
FRIENDS FOR LIFE INTERNATIONAL, Filed on behalf of.Plaintiff,
PNC Bank, National Association
Defendant.
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
PNC BANK, NATIONAL ASSOCIATION, )
Plaintiff, )
No.
vs. )
FRIENDS FOR LIFE INTERNATIONAL, )
Defendant. )
AFFIDAVIT OF NON-MILITARY SERVICE
COMMONWEALTH OF PENNSYLVANIA )
SS.
COUNTY OF ALLEGHENY )
I, Darnella Ganaway, being duly sworn according to law, hereby depose and say that the
Defendant is not a member of the military service of the United States of America to the best of
my knowledge, information and belief.
Darnella Ganaway
Attorney Relations Manager
Sworn and subscribed
before me this Allay
of 1-4ad t Le , 2006.
rrko,V c7A .1lr, b+_t.r
otary'Public
My commission expires
COMMONWEALTH OF PENNSYLVANIA
Notarial Seal
Angela M. Vicario, Notary Public
McKees Rocks Boro, Allegheny County
My Commission Expires Apr. 8, 2010
Member, Pennsylvania Association of Notaries
BAN K_F I N:283353-1 999999-999999
f7 a
C
t r ?;c crs --3
1
,'..
2f f P r '
. N
}
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
PNC BANK, NATIONAL ASSOCIATION, CIVIL DIVISION
Plaintiff, NO. 06-5585
vs.
CERTIFICATE OF SERVICE UNDER RULE
2958.1
FRIENDS FOR LIFE INTERNATIONAL,
Filed on behalf of Plaintiff,
Defendant. 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
r +
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
PNC BANK, NATIONAL ASSOCIATION, )
Plaintiff,
No. 06-5585
vs.
FRIENDS FOR LIFE INTERNATIONAL,
Defendant.
CERTIFICATE OF SERVICE UNDER RULE 2958.1
The undersigned hereby certifies that she did serve a Notice Under Rule 2958.1 of
Judgment and Execution thereon, upon the Defendant, Friends For Life International, on
October 10, 2006, via certified mail, return receipt requested, at the following address:
890 Popular Church Road
Suite 410
Camp Hill, PA 17011
A true and correct copy of the Notice Under 2958.1 and return receipt is attached
hereto.
TUCKER ARENSBERG, P.C.
Donna M. Donaher, Esquire
Pa. I . D. #53165
1500 One PPG Place
Pittsburgh, PA 15222
(412) 566-1212
BANK_F I N; 285661-1 000011-129924
TUCKER ARENSBERG
Attorneys
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
PNC BANK, NATIONAL ASSOCIATION,
Plaintiff,
No. 06-5585 Civil Term
vs.
FRIENDS FOR LIFE INTERNATIONAL,
Defendant.
Notice Under Rule 2958.1
of Judgment and Execution Thereon
Notice of Defendant's Rights
TO: Friends For Life International
890 Popular Church Road
Suite 410
Camp Hill, PA 17011
A judgment in the amount of $56,045.68 has been entered against you and in favor of
the plaintiff without any prior notice or hearing based on a confession of judgment contained in a
written agreement or other paper allegedly signed by you. The sheriff may take your money or
other property to pay the judgment at any time after thirty (30) days after the date on which this
notice is served on you.
You may have legal rights to defeat the judgment or to prevent your money or property
from being taken. YOU MUST FILE A PETITION SEEKING RELIEF FROM THE JUDGMENT
Tucker Arensberg, P.C. 1500 One PPG Place Pittsburgh, PA 15222 p. 412.566.1212 f. 412.594.5619 www.tuckerlaw.com
111 N. Front Street P.O. Box 889 Harrisburg, PA 17108 p. 717.234.4121 f. 717.232.6802
rTucKER ARENSBERG
Attorneys
AND PRESENT IT TO A JUDGE WITHIN THIRTY (30) DAYS AFTER THE DATE ON WHICH
THIS NOTICE IS SERVED ON YOU OR YOU MAY LOSE YOUR RIGHTS.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT
HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET
FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP:
CUMBERLAND COUNTY BAR ASSOCIATION
32 S. Bedford Street
Carlisle, PA 17013
(717) 249-3166
(800) 990-9108
Donna M. Donaher, Esquire
Tucker Arensberg, P.C.
1500 One PPG Place
Pittsburgh, PA 15222
(412) 566-1212
Attorney for Plaintiff
BANK FIN:284827-1 000011-129924
¦ Complete items 1, 2, and 3. Also complete
item 4 if Restricted Delivery is desired.
¦ Print your name and address on the reverse
so that we can return the card to you.
¦ Attach this card to the back of the mailpiece,
or on the front if space permits.
1. Article Addressed to:
Friends For Life international
890 Popular Church Road
Suite 410
Camp Hill, PA 17011
A. 7ature y!
}l???'? ? Agent
X '61." (! I d 1 /IIIA_. 0 Addre
Received by (Printed Nameil I C. Date o f'Delivery
I . ,. " I „ _ _ . ..
D. Is delivery address different from item 1? El Yes
If YES, enter delivery address below: 0 No
3. Service Type
El' Certified mail ? Express Mail
0 Registered 0 Return Receipt for Merchandise
0 Insured Mail 0 C.O.D. _
1 4. Restricted Delivery? (Extra Fee) ? Yes
2. Article Number
7004 2510 0001 0329 0477
(Transfer from service /abeQ
PS Form 3811, February 2004 _ Domestic Return Receipt T)yri *-_) ; 1 1 2 i 17 cl 102595-02-M-1540
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
PNC BANK, NATIONAL ASSOCIATION, CIVIL DIVISION
NO. 06-5585
Plaintiff,
PRAECIPE FOR WRIT OF EXECUTION
(CONFESSED JUDGMENT)
Filed on behalf of Plaintiff, PNC Bank,
National Association
vs.
FRIENDS FOR LIFE INTERNATIONAL,
Defendant, CODE:
M&TBANK,
Garnishee. 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
n
IN THE COURT OF COMMONS PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
PNC BANK, NATIONAL ASSOCIATION
Plaintiff,
vs.
FRIENDS FOR LIFE INTERNATIONAL,
Defendant.
M & T BANK,
Garnishee.
CASE NO. 06-5585
PRAECIPE FOR WRIT OF EXECUTION
(CONFESSED JUDGMENT)
To the Prothonotary:
Issue writ of execution in the above matter,
(1) directed to the Sheriff of Cumberland County;
(2) against, Friends For Life International, Defendant (address: 890 Popular Church
Road, Suite 410, Camp Hill, PA 17011;
(3) and against, M & T Bank, Garnishee (address: 3805 Trindle Road, Camp Hill, PA
17011);
(4) and index this writ
(a) against , Defendants;
(b) and against , Garnishee;
(5) Amount due $ 56,045.68
Total $ 56 045.68
CERTIFICATION
I certify that:
(a) This Praecipe is based upon a judgment entered by confession, and notice was
served by certified mail upon the Defendant pursuant to Rule 2958.1 on October 10, 2006.
Donna M. Donaher, Esquire
Attorney for PNC Bank, National
Association
TUCKER ARENSBERG, P.C.
1500 One PPG Place
Pittsburgh, PA 15222
BANK FIN:288005-1 000011-129924
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NOTE
Under paragraph (1) when the writ is directed to the sheriff of another county as
authorized by Rule 3103(b), the county should be indicated.
Under Rule 3103(c) a writ issued on a transferred judgment may be directed only to the
sheriff of the county in which issued.
Paragraph (3) above should be completed only if a name garnishee is to be included in the
writ.
Paragraph (4) (a) should be completed only if indexing of the execution in the county of
issuance, is desired as authorized by Rule 3104(a). Where the writ issues to another county
indexing is required as of course in that county by the Prothonotary.
See Rule 3104(b).
Paragraph 4 (b) should be completed only if real property in the name of a garnishee is
attached and indexing as a lis pendens is desired. See Rule 3104(c).
Certification as to waiver of exemption may be included in the Praecipe. Specific
directions to the sheriff as to property to be levied upon may be included in the Praecipe or by
separate direction at the option to Plaintiff.
BANK FIN:288005-1 000011-129924
WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA)
COUNTY OF CUMBERLAND)
NO 06-5585 Civil
CIVIL ACTION - LAW
TO THE SHERIFF OF CUMBERLAND COUNTY:
To satisfy the debt, interest and costs due PNC BANK, NATIONAL ASSOCIATION, Plaintiff (s)
From FRIENDS FOR LIFE INTERNATIONAL, 890 POPULAR CHURCH ROAD, SUITE 410,
CAMP HILL, PA 17011
(1) You are directed to levy upon the property of the defendant (s)and to sell
(2) You are also directed to attach the property of the defendant(s) not levied upon in the possession
of M & T BANK, 3805 TRINDLE ROAD, CAMP HILL, PA 17011
GARNISHEE(S) as follows:
and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from
paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant
(s) or otherwise disposing thereof;
(3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession
of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a
garnishee and is enjoined as above stated.
Amount Due 56,045.68
Interest
Atty's Comm %
Atty Paid $37.50
Plaintiff Paid
Date: DECEMBER 4, 2006
(Seal)
L.L. $.50
Due Prothy $1.00
Other Costs
Curt' . ong, Pro ota
By:
Deputy
REQUESTING PARTY:
Name DONNA M. DONAHER, ESQUIRE
Address: TUCKER ARENSBERG, P.C.
1500 ONE PPG PLACE
PITTSBURGH, PA 15222
Attorney for: PLAINTIFF
Telephone: 412-566-1212
Supreme Court ID No. 53165
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
PNC BANK, NATIONAL ASSOCIATION, CIVIL DIVISION
Plaintiff
NO. 06-5585
vs. 4n5w m INTERROGATORIES OF ATTACHMENT
FRIENDS FOR LIFE INTERNATIONAL,
Defendant,
and
Filed on behalf of PNC Bank,
National Association, Garnishee
CODE:
Counsel of Record for This Party:
M&TBANK,
Garnishee.
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,
CIVIL DIVISION
NO. 06-5585
vs.
FRIENDS FOR LIFE INTERNATIONAL,
Defendant,
and
M & T BANK,
Garnishee
IMPORTANT NOTICES TO GARNISHEE
A. 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.
B. Herein, the word "Defendant" means any one or more of the defendants against
whom the Writ of Execution is issued.
C. While service of Writ upon the Garnishee attaches all property of the Defendant
subject to attachment which is then in the hands of the Garnishee, it also attaches all property of
the Defendant which comes into the Garnishee's possession thereafter, until Judgment is entered
against the Garnishee.
1. At the time you were served or at any subsequent time did you owe the Defendant
any money or were you liable to him on any lease, mortgage or on any negotiable or other written
instrument, or did he claim that you owed him any money or were liable to him for any reason.
M & T BANK
HAS NOON AGCOMS
NAMED
2. If the answer to Interrogatory 1 is in the affirmative, state the following: (a) the
amount of money you owe or owed to Defendant; (b) if such money is in the form of a fund, the
present location thereof; (c) the amount or amounts that Defendant claims or claimed that you
owe or owed to him; (d) the nature and amount of each of such liabilities.
F
3. At the time you were served or at any subsequent time was there in your
possession, custody or control of yourself and one or more other persons any property of any
nature owned solely or in part by the Defendant.
4. If the answer to interrogatory 3 is in the affirmative, describe the nature, fair market
value and present location of each of such properties.
5. 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 part by the Defendant or in which Defendant held or
claimed any interest?
6. If the answer to Interrogatory 5 is in the affirmative, described the nature, fair
market value and present location of each of said properties.
-2-
1
7. At the time you were served or at any subsequent time did you hold as fiduciary
any property in which the Defendant had an interest?
8. If the answer to interrogatory 7 is in the affirmative, describe the nature, fair market
value and present location of each of such properties.
9. At any time before or after you were served, did the Defendant transfer or deliver
any property to you or to any person or place pursuant to your directions or consent, and if so
what was the consideration thereof?
10. If the answer to Interrogatory 9 is in the affirmative, describe the nature, fair market
value and present location of each of such properties.
-3-
11. At any time after you were served did you pay, transfer or deliver any money or
property to the Defendant or to any person or place pursuant to his direction or otherwise
discharge any claim of the Defendant against you?
BANK FIN:288010-1 000011-129924
TUCKER ARENSBERG, P.C.
Donna M. Donaher, Esquire
1500 One PPG Place
Pittsburgh, PA 15222
(412) 566-1212
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SHERIFF'S RETURN - GARNISHEE
CASE NO: 2006-05585 P
COMMONWEALTH OF PENNSLYVANIA
COUNTY OF CUMBERLAND
PNC BANK NATIONAL ASSOCIATION
VS
FRIENDS FOR LIFE INTERNATIONAL
And now SHANNON SHERTZER
,Sheriff or Deputy Sheriff of
Cumberland County of Pennsylvania, who being duly sworn according
to law, at 0015:35 Hours, on the 21st day of December-, 2006, attached
as herein commanded all goods, chattels, rights, debts, credits, and
moneys of the within named DEFENDANT
FRIENDS FOR LIFE INTERNATIONAL
hands, possession, or control of the within named Garnishee
M & T BANK 3805 TRINDLE ROAD
CAMP HILL, PA 17011
Cumberland County, Pennsylvania, by handing to
JESSICA PULITI (BRANCH MANAGER)
personally three copies of interogatories together with 3
and attested copies of the within WRIT OF EXECUTION
the contents there of known to Her
Sheriff's Costs:
Docketing
Service
Affidavit
Surcharge
Sworn and Subscribed to
before me this
, in the
true
and made
.00 So
.00 1100?. e
.00 R. Thomas Kline
.00 Sheriff of Cumberland County
.00
. 0 0 1? / 03 07
12/27/2006
rlY""? ?n r.
day of By
Deputy Sheriff
A.D
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
PNC BANK, NATIONAL ASSOCIATION, CIVIL DIVISION
NO. 06-5585
Plaintiff,
PRAECIPE TO DISCONTINUE AS TO
GARNISHEE, M & T BANK, ONLY
Filed on behalf of Plaintiff, PNC Bank,
National Association
vs.
FRIENDS FOR LIFE INTERNATIONAL,
Defendant, CODE:
M&TBANK,
Garnishee. 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 COMMONS PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
PNC BANK, NATIONAL ASSOCIATION
CASE NO. 06-5585
Plaintiff,
vs.
FRIENDS FOR LIFE INTERNATIONAL,
Defendant.
M & T BANK,
Garnishee
PRAECIPE TO DISCONTINUE AS TO GARNISHEE,
M & T BANK, ONLY
TO: Prothonotary of Cumberland County:
Kindly mark the above-referenced matter as discontinued as to the Garnishee,
M & T, Only.
Respectfully submitted,
TUCKER ARENSBERG, P.C.
Qj?
Donna M. Donaher, Esquire
Attorney for PNC Bank, National
Association
TUCKER ARENSBERG, P.C.
1500 One PPG Place
Pittsburgh, PA 15222
Sworn to and subscribed
bef a me this O S4 day
of 2007.
f YZ ff COMMONWEALTH OF PENNSYLVANIA
000011-129924 Notarial Seal
- Melissa Szalkay, Notary Public
City Of Pittsburgh, Allegheny County
My Commission Exoires Oct. 31, 2009
Member ^ •? ,,Onn of Notaries
N
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R. Thomas Kline, Sheriff, who being duly sworn according to law, states this
Writ is returned ABANDONED, no action taken in six months.
Sheriff's Costs: Advance Costs: 150.00
Sheriff's Costs 92.64
Docketing 18.00 57.36
Poundage 1.82
Advertising
Law Library .50
Prothonotary 1.00 Refunded to Atty on 07/17/07
Mileage 12.32
Misc.
Surcharge 30.00
Levy 20.00
Post Pone Sale
Certified Mail
Postage
Garnishee 9.00
TOTAL 92.64 ? So Answers-
R. Thomas Kline, Sheriff
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WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA)
COUNTY OF CUMBERLAND)
NO 06-5585 Civil
CIVIL ACTION - LAW
TO THE SHERIFF OF CUMBERLAND COUNTY:
To satisfy the debt, interest and costs due PNC BANK, NATIONAL ASSOCIATION, Plaintiff (s)
From FRIENDS FOR LIFE INTERNATIONAL, 890 POPULAR CHURCH ROAD, SUITE 410,
CAMP HILL, PA 17011
(1) You are directed to levy upon the property of the defendant (s)and to sell .
(2) You are also directed to attach the property of the defendant(s) not levied upon in the possession
of M & T BANK, 3805 TRINDLE ROAD, CAMP HILL, PA 17011
GARNISHEE(S) as follows:
and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from
paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant
(s) or otherwise disposing thereof,
(3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession
of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a
garnishee and is enjoined as above stated.
Amount Due 56,045.68
Interest
Atty's Comm %
Atty Paid $37.50
Plaintiff Paid
Date: DECEMBER 4, 2006
L.L. $.50
Due Prothy $1.00
Other Costs
C is R. Lon thonot
(Seal)
By:
Deputy
REQUESTING PARTY:
Name DONNA M. DONAHER, ESQUIRE
Address: TUCKER ARENSBERG, P.C.
1500 ONE PPG PLACE
PITTSBURGH, PA 15222
Attorney for: PLAINTIFF
Telephone: 412-566-1212
Supreme Court ID No. 53165