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HomeMy WebLinkAbout06-5905C :\NC2\NatureC ure\N oticeToDefend.doc LUNDY, FLITTER, BELDECOS & BERGER, P.C. By: PHILLIP D. BERGER, ESQUIRE Identification No.: 58942 450 N. Narberth Avenue Narberth, PA 19072 (610) 668.0774_ NC TWO, L.P., successor by assignment from Bank of America, N.A., successor to Fleet National Bank Plaintiff, V. PJ HOFFMAN ASSOCIATES, INC. d/b/a NATURE CURE OF HBG and PETER HOFFMAN Defendants. -------------------------------------- ATTORNEYS FOR PLAINTIFF COURT OF COMMON PLEAS CUMBERLAND COUNTY NO. 66. 590< NOTICE TO DEFEND You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and notice are served, by entering a written appearance personally or by an 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 for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. 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]. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (800) 990-9108 LUND R, BELDECOS & BERGER, P.C. By: PHILLIP D. BERGER, ESQUIRE Dated: 10 15-10 C:\NC2\NatureCureComplaintGuarantor.doc LUNDY, FLITTER, BELDECOS & BERGER, P.C. By: PHILLIP D. BERGER, ESQUIRE Identification No.: 58942 450 N. Narberth Avenue Narberth, PA 19072 (610) 668-0774 -------------------------------------- NC TWO, L.P., successor by assignment from Bank of America, N.A., successor to Fleet National Bank 4100 Greenbriar, Suite 180 Stafford, TX 77477 Plaintiff, V. PJ HOFFMAN ASSOCIATES, INC. d/b/a NATURE CURE OF HBG 550 Saint Johns Drive Camp Hill, PA 17011 and PETER HOFFMAN 550 Saint Johns Drive Camp Hill, PA 17011 Defendants. -------------------------------------- COMPLAINT THIS IS AN ARBITRATION MATTER. AN ASSESSMENT OF DAMAGES HEARING IS NOT REQUIRED. ATTORNEYS FOR PLAINTIFF COURT OF COMMON PLEAS CUMBERLAND COUNTY NO. 0 (o - 5 CI 6,5 C-L< J -T-: 1. Plaintiff NC Two, L.P., successor by assignment from Bank of America, N.A., successor to Fleet National Bank (hereinafter "NC2") maintains a place of business at 4100 Greenbriar, Suite 180, Stafford, Texas. 2. Defendant PJ Hoffman Associates, Inc. d/b/a Nature Cure of HBG ("HBG") is, upon information and belief, a corporation with its last known place of business at 550 Saint Johns Drive, Camp Hill, Pennsylvania. 3. Defendant Peter Hoffinan ("Hoffman") is an adult individual last known residing at 550 Saint Johns Drive, Camp Hill, Pennsylvania. 4. Defendant HPG applied for a line of credit from Fleet National Bank ("Fleet"), as further set forth in that express application attached hereto and made a part hereof as Exhibit "A". 5. Fleet provided a line of credit to Defendant HPG as set forth in the approved small business line of credit offering ("Approved Credit Application"). A true and correct copy of the Approved Credit Application is attached hereto and made a part hereof as Exhibit «B„ 6. In order to induce Fleet to make the loan, Defendant Hoffman agreed to personally guaranty the full payment of HPG's obligations to Fleet, as evidenced by his execution of the personal guaranty agreement provision of the credit application. See Exhibit "A". 7. All amounts and obligations due from the defendants to Fleet n/k/a Bank of America, N.A. are now due and owing to NC2, as set forth in the Allonge attached hereto and made a part hereof as Exhibit "C". 8. Defendant HPG is in default of its obligations to NC2 by virtue of various events, including without limitation, its failure to make payments when due. 9. Defendant Hoffman is in default of his obligations under the personal guaranty by failing to cure HPG's default. 10. Due to the Defendants' default, the sum of $21,968.76 is immediately due and owing: Principal $18,616.12 Interest as of 10/4/06 3,352.64 Total $21,968.76 Interest continues to accrue on the unpaid principal balance at the rate of $7.76 per day. 11. Demand has been made on the Defendants to cure their default, however the Defendants have failed and refused to cure their default. WHEREFORE, plaintiff NC Two, L.P. demands judgment in its favor and against Defendant PJ Hoffman Associates, Inc. d/b/a Nature Cure of HBG and against Defendant Peter Hoffinan, jointly and severally, in the sum of $21,968.76 together with costs of suit, attorneys' fees and interest which continues to accrue. By: LUNDY, FLITTER, BELDECOS & BERGER, P.C. (]?ii PHILLIP D. BERGER, ESQUIRE Dated: 106-/0 6 EXHIBIT "A" APR-14-2003 11:06 PM P'i HOFFMAN ASSO INC 717 ("5 0112 P,01 t .100. _. •?._: iE? Imo! s"• . ELI! i r?,•?, 1 t , .• It':II • M Fleet 1-8774788-7828 09. Fox your completed wolextion to / the numtw oboes, or mall it bwk In the endow envelope. To:,Alayt M. 411ir1 m Frottn: Poor ilo ttoo'. D>t 9 RE: Small gWha i dhKVt bcpOsO Appilcatlpln Na. 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Vii: •? .. . . Cmdasn Ac I up '- / FBI= 111-11 a. Cradk Errlrea UN& Full or parlW Oaymam (perdil payment moths at bast sW up bt amom of The person(s) signing an the front aide for the credit applicant (the 'Applicant'), Identified in this credit application (the 'Application') certifies that he/she has full authority to act on behalf of the Applicant and that all information in the Application is we and correct In all respects. Fleet National Bank ('Bank'), its agents, successors and assignees (I) are authorized to verify any information provided in connection with the Application, (fi) may obtain credit reports, including consumer credit reports, in connection with the Application and also in the future in connection with periodic reviews, updates, renewals, extensions and collation activity for any credit granted as a result of the Application, or any other credit requested by or granted to Applicant by Bank, and may use the Application and credit report information to consider Applicant for additional credit products Bank believes appropriate for Applicant, and (ID) at Applicanfa request, will tell Applicant whether a credit report was obtained and, if so, the name and address of the reporting agency which provided it. Applicant agrees that Bank may obtain credit information from or share credit information with its agents and assignees regarding the guarantor(s) or Applicant's owner(s) in considering the Application. Applicant agrees that if Bank elects to include the credit requested in the Application in Battles SBA (U.S. Small Business Administration) Loan Program, Bank may submit a SEA loan application on behalf of Applicant using the information contained in the Application and other information subsequently obtained from Applicant. if approved, Applicant will receive an approval letter, the Small Business Credit Express Agreement (the 'Line of Credit Agreement'), a Small Business Credit Express Visa Card and Express Checks from Bank. The approval letter will specify the Applicant's credit limit the initial interest rate, and the margin to be added to the index value to determine periodic rate in consideration of Fleet National Bank or any affiliate thereof (collectively, 'Bank') extending credit to Applicant the person(s) signing on the front jointly and severally and unconditionally guarantees to Bank and its successors and assigns, payment and performance of all present and future obligations, liabilities and undertakings of Applicant to Bank of every kind ('Obligations'). Guarantor's liability hereunder shall be immediate and unlimited in amount. This Guaranty shall operate as a continuing and absolute guaranty until five business days after actual receipt by Bank of written notice of revocation by certified mail, return receipt requested sent to Bank at 1025 Main Street MA DE 136018, Waltham, Massachusetts 02451 (which notice shall not affect any obligation of Guarantor existing at or prior to the passage of the five business days). Guarantor waives all requirements of notice, demand, presentment or protest all other defenses that may be available to a surety and any right Guarantor may have to require Bank first to proceed against Applicant or any other person or entity, or first to realize on any security held by Bank before proceeding against Guarantor hereunder. Guarantor waives adjustments. The Line of Credit Agreement will specify other terms and conditions that gtwem the line of credit BY SIGNING THE APPLICATION, APPLICANT AGREES TO BE BOUND BY THE TERMS OF THE LINE OF CREDIT AGREEMENT AND APPROVAL LETTER NO FURTHER SIGNATURE IS REQUIRED. Use of the line of credit confirm@ Applicant's acceptance of the terns. If Applicant wishes to cancel its acceptance of the account and terminate the Line of Credit Agreement, it must notify Bank by calling the customer service number provided in your approval letter. The first owner or principal listed on the Application and signing on the front will be the authorized representative ('A ohorized Representative') for the account and will automatically receive Express Checks and a indall Business Credit Express Visa Card if the Application is approved. The Authorized Represenrptive may call to add one additional Authorized Represattative/cardholder after the account is opened. Applicant may appoint a new Authorized Representative or revoke the authority of an existing Authorized Representative by written notice to Bank. Applicant agrees that Bank may rely on a facsimile of the Application and on arty other signed documents received by Bank by facsimile transmission relating to the credit granted pursuant to the Application. Such facsimile or any copy of such facsimile shall be binding on Applicant and shall for all purposes be considered original documents. By providing its e-mail address on the Application, the Applicant agrees that it will receive information about Bank products, services and special offers by e-mail. The e-mail address will be kept confidential, and the Applicant will have the opportunity to opt out of receiving further e-mails at any time. all rights of setoff, or subrogation until the Obligations shall have been paid in full. Guarantor agrees to pay the costs and expenses (including attorney's fees) of Bank in enforcing this Guaranty. Guarantor gents Bank the right of setoff for all matured and unmatured Obligations against all deposits and property of Guarantor now or hereafter In the possession or control of Bank or its affiliates without regard to the adequacy of collateral. This Guaranty shall be binding upon Guarantors successors and assigns, This Guaranty may be modified only by a written agreement signed by Bank. THIS GUARANTY IS GOVERNED BY FEDERAL LAW AND THE LAWS OF RHODE ISLAND. HOWEVER, IF PERMITTED BY THE LAW OF THE STATE WHktM THE AU'1'iti0iilLnitOIJ AGREEMENT IS SIGNED, GUARAIsiTOR MIX wTRL`L BY JURY AND WAIVES ANY RIGHT TO NOTICE OR HEARING BEFORE BANK SEEKS A PREJUDGMENT REMEDY. GUARANTOR ACKNOWLEDGES THIS IS A COMMERCIAL TRANSACTION. Guarantor agrees that Bank may rely on a facsimile of the Guaranty. This Guaranty is intended to take effect as an instrument under seal. EXHIBIT "B° Small Business Services Credit Offering APPRV on 4/17/200312:50:29 PM Mailing Key: TRO90581986 Application Date: 04/14/2003 Customer Name: PJ HOFFMAN ASSOCIATES INC Origination Date: 04/15/2003 Contact: PETER J HOFFMAN Requested Amount: Phone: 717-737-6126 Relationship Manager: Jane Connolly Address: 550 ST JOHNS DR CAMP HILL, PA 17011 Phone Number: 800-563-0918 x7070 DDA Number: Bank: PA Auto Debit?: N Application Channel: RI - Direct Mail Product Type: BCE 2001 Branch Cost Center: 00006 Industry Code: 5122 Underwriter: Leighton, Jean i Industry Desc: Drugs Proprietaries & Sundnes Hpp W: +I 0j Loan Commit. Type Product Tenn Commit. ®Status COF Rate Spread Line of Credit BCE 2001 Demand $14,000 OS New 11 6.75 Grand Total: $14,000 Prime Rate: 4.25% Score Type: Commercial only NRM: 139 Credit Bureau Score: 85.27 Probability of Bad / Risk Score: 0916.508 IScorecard Identifier: BCE013102 Collateral: No Existing Account # Convert --? Existing Commitment Amt. IF- I Increase Annual Fee: IF - $100.00 Application Fee: r $0.001 ITotal Business Income: $49,078 IBusiness Age: 144 Access Code: N/A CAGI: $129,078 Sales: ?- $212,814 Total Personal Income: $80,000 Current Exposure: 11 $0 Approved Amount: $14,000 Total Exposure. $14,000 BiiF% Exposure: Fleet Deposit Information Amount Rate IMMA Savings Now 04 4? Ide riter:Leighton, Jean EXHIBIT "C" V ALLONGE This Allonge is attached and made a part of that certain promissory note dated 04/14/2003, together with all renewals, extensions and modifications, if any, executed and given by PJ HOFFMAN ASSOCIATES, INC. in the original amount of $14,000.00. It is to be read together with and is hereby incorporated by reference in the attached instrument and constitutes an integral part thereof. Pay to the order of NC TWO, L.P., as is; where is; with all faults and without recourse and without any representations or warranties of any kind, whether express or implied, oral or written, except as provided in Article VII of that certain Loan Sale Agreement dated November 15, 2005. Effective as of the 15th day of November 2005. BANK OF AMERICA, N.A. SUCCESSOR TO FLEET NATIONAL BANK l By: 6- - Name: G. Stowe Query Title: Vice President 487-68271020676799-0 32 FCP#051101 VERIFICATION I, Brad Hrebenar, hereby certify that I am a Senior Vice President of NC Venture, Inc., the general partner of NC Two, L.P., and am authorized to make this verification on its behalf, and that the statements made in the foregoing pleading are true and correct to the best of my knowledge, information and belief; and I understand that any false statements made herein are subject to the penalties of 18 Pa.C.S.A. Section 4904 relating to unsworn falsification to authorities. Brad Hrebe Dated: 'l O - 4 - !;?4o 4 ?? C?"? ?? - ?:-• ?i ? C'"'' - _' ?? 'i r ? 1.: l? 1 " c -, . ? ? Ui ---- - '; ? , r ?? ? LUNDY, FLITTER, BELDECOS & BERGER, P.C. By: PHILLIP D. BERGER, ESQUIRE Identification No.: 58942 450 N. Narberth Avenue Narberth, PA 19072 (610) 668_ 0774 ------------------------------ NC TWO, L.P., successor by assignment from Bank of America, N.A., successor to Fleet National Bank Plaintiff, V. PJ HOFFMAN ASSOCIATES, INC. d/b/a NATURE CURE OF HBG and PETER HOFFMAN ---------------------- Defendants.------- ATTORNEYS FOR PLAINTIFF COURT OF COMMON PLEAS CUMBERLAND COUNTY NO. 2006-05905 PRAECIPE FOR JUDGMENT TO THE PROTHONOTARY: Enter judgment in favor of Plaintiff and against Defendant PJ Hoffman Associates, Inc. d/b/a Nature Cure of HBG and Peter Hoffman, jointly and severally, for want of an answer. ( ) Assess Damages as follows: Principal $18,616.12 Accrued interest as of 12/15/06 3,911.36 Attorney's Fees 950.00 REAL DEBT $23,477.48 I CERTIFY THAT THE FOREGOING ASSESSMENT OF DAMAGES IS FOR SPECIFIED AMOUNTS ALLEGED TO BE DUE IN THE COMPLAINT IS CALCULABLE AS A SUM CERTAIN FROM THE COMPLAINT. I certify that written notice of the intention to file this praecipe was mailed or delivered to the party against whom judgment is to be entered and to his attorney of record, if any, after the default occurred and at least ten (10) days prior to the date of the filing of this praecipe. A copy of this notice is attached R.C.P. 237.1 LUNDY, FL R, BELDECOS & BERGER, P.C. By: PHILLIP D. BERGER, ESQUIRE This,2:?Iay of_, 2006, judgment is entered in favor of Plaintiff and against Defendants, PJ Hoffman Associates, Inc. d/b/a Nature Cure of HBG and Peter Hoffman, jointly and severally, by default for want of an answer and damages are assessed t the sum of $23,477.48 as per above certification. dz??'?Zv? Pr honot LUNDY, FLITTER, BELDECOS & BERGER, P.C. By: PHILLIP D. BERGER, ESQUIRE Identification No.: 58942 450 N. Narberth Avenue Narberth, PA 19072 (610) 668-0774 -------------------------------------- NC TWO, L.P., successor by assignment from Bank of America, N.A., successor to Fleet National Bank 4100 Greenbriar, Suite 180 Stafford, TX 77477 V. Plaintiff, PJ HOFFMAN ASSOCIATES, INC. d/b/a NATURE CURE OF HBG 550 Saint Johns Drive Camp Hill, PA 17011 and PETER HOFFMAN 550 Saint Johns Drive Camp Hill, PA 17011 Defendants. -------------------------------------- ATTORNEYS FOR PLAINTIFF COURT OF COMMON PLEAS CUMBERLAND COUNTY NO. 2006-05905 AFFIDAVIT OF NON-MILITARY SERVICE STATE OF TEXAS COUNTY OF FORT BEND SS Brad Hrebenar duly sworn according to law, deposes and says that he is a Senior Vice President of NC Venture, Inc., the general partner of NC Two, L.P., the Plaintiff herein, and is authorized and does take this Affidavit on behalf of Plaintiff and that to the best of his knowledge, information and belief, the above named Defendants PJ Hoffman Associates, Inc. d/b/a Nature Cure of HBG and Peter Hoffman are over 21 years of age, and is not in the Military Service of the United States, nor any State or Territory thereof, or its allies as defined in the Soldiers' and Sailors' Civil Relief Act of 1940 and the amendments thereto. By: Brad Hrebenar, enior Vice President Sworn to and Subscribed before me this 15 `day of December, 2006. ,,.y Notary Public Ann Good Notary Public, State of Texas My Commission Expires: ???!!;`'• August 22, 2009 C ANC21NatureCure\TENDAY. doc LUNDY, FLITTER, BELDECOS & BERGER, P.C. By: PHILLIP D. BERGER, ESQUIRE Identification No.: 58942 450 N. Narberth Avenue Narberth, PA 19072 (610) 668-0774 NC TWO, L.P., successor by assignment from Bank of America, N.A., successor to Fleet National Bank 4100 Greenbriar, Suite 180 Stafford, TX 77477 Plaintiff, V. PJ HOFFMAN ASSOCIATES, INC. d/b/a NATURE CURE OF HBG 550 Saint Johns Drive Camp Hill, PA 17011 and PETER HOFFMAN 550 Saint Johns Drive Camp Hill, PA 17011 Defendants. ATTORNEYS FOR PLAINTIFF COURT OF COMMON PLEAS CUMBERLAND COUNTY NO. 2006-05905 IMPORTANT NOTICE TO: PJ Hoffinan Associates, Inc. d/b/a Nature Cure of HBG 550 Saint Johns Drive Camp Hill, PA 17011 YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO TAKE ACTION REQUIRED OF YOU IN THIS CASE. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Lawyer Referral Service Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 800-990-9108 LUNDY, FLITTER, BELDECOS & BERGER, P.C. By: PHILLIP D. BERGER, ESQUIRE Dated: December 1, 2006 C ANC2\N atureCure\TENDAY2. doc LUNDY, FLITTER, BELDECOS & BERGER, P.C By: PHILLIP D. BERGER, ESQUIRE Identification No.: 58942 450 N. Narberth Avenue Narberth, PA 19072 (610) 668-0774 -------------------------------------- NC TWO, L.P., successor by assignment from Bank of America, N.A., successor to Fleet National Bank 4100 Greenbriar, Suite 180 Stafford, TX 77477 Plaintiff, V. PJ HOFFMAN ASSOCIATES, INC. d/b/a NATURE CURE OF HBG 550 Saint Johns Drive Camp Hill, PA 17011 and PETER HOFFMAN 550 Saint Johns Drive Camp Hill, PA 17011 Defendants. -------------------------------------- ATTORNEYS FOR PLAINTIFF COURT OF COMMON PLEAS CUMBERLAND COUNTY NO. 2006-05905 IMPORTANT NOTICE TO: Peter Hoffman 550 Saint Johns Drive Camp Hill, PA 17011 YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO TAKE ACTION REQUIRED OF YOU IN THIS CASE. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Lawyer Referral Service Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 800-990-9108 By: LUNDY, FLITTER, BELDECOS & BERGER, P.C. PHILLIP D. BERGER, ESQUIRE Dated: December 1, 2006 _ LUNDY, FLITTER, BELDECOS & BERGER, P.C. By: PHILLIP D. BERGER, ESQUIRE Identification No.: 58942 450 N. Narberth Avenue Narberth, PA 19072 (610 668_ 0774 -------------------------- NC TWO, L.P., successor by assignment from Bank of America, N.A., successor to Fleet National Bank 4100 Greenbriar, Suite 180 Stafford, TX 77477 Plaintiff, V. PJ HOFFMAN ASSOCIATES, INC. d/b/a NATURE CURE OF HBG 550 Saint Johns Drive Camp Hill, PA 17011 and PETER HOFFMAN 550 Saint Johns Drive Camp Hill, PA 17011 Defendants. -------------------------------------- ATTORNEYS FOR PLAINTIFF COURT OF COMMON PLEAS CUMBERLAND COUNTY NO. 2006-05905 CERTIFICATE OF SERVICE PHILLIP D. BERGER, ESQUIRE, hereby certifies that he is the counsel for Plaintiff in the within matter, and that on the date indicated below he served the foregoing documents on Defendants, PJ Hoffman Associates, Inc. d/b/a Nature Cure of HBG and Peter Hoffman by mailing a copy of the same via regular first class mail, postage prepaid and addressed as follows: PJ Hoffman Associates, Inc. d/b/a Nature Cure of HBG 550 Saint Johns Drive Camp Hill, PA 17011 Peter Hoffman 550 Saint Johns Drive Camp Hill, PA 17011 LUNDY, FLITTER, BELDECOS & BERGER, P.C. By: q??O? PHILLIP D. BERGER, ESQUIRE Dated: / ?'/4/0 t « C) c: LUNDY, FLITTER, BELDECOS & BERGER, P.C. By: PHILLIP D. BERGER, ESQUIRE Identification No.: 58942 450 N. Narberth Avenue Narberth, PA 19072 (610) 668-0774 -------------------------------------- NC TWO, L.P., successor by assignment from Bank of America, N.A., successor to Fleet National Bank 4100 Greenbriar, Suite 180 Stafford, TX 77477 Plaintiff, V. PJ HOFFMAN ASSOCIATES, INC. d/b/a NATURE CURE OF HBG 550 Saint Johns Drive Camp Hill, PA 17011 and PETER HOFFMAN 550 Saint Johns Drive Camp Hill, PA 17011 Defendants. -------------------------------------- ATTORNEYS FOR PLAINTIFF COURT OF COMMON PLEAS CUMBERLAND COUNTY NO. 2006-05905 ORDER AND NOW, to wit, this aay of , 2006 judgment is entered in favor of the above-named Plaintiff, NC Two, L.P., successor by assignment from Bank of America, N.A., successor to Fleet National Bank, and against the above named Defendants, PJ Hoffman Associates, Inc. d/b/a Nature Cure of HBG and Peter Hoffman, jointly and severally, for failure to file an Answer and plaintiff's damages are assessed ' the sum $23,477.48. Prot ono Dated: a1 C ANC2\NatureCure\Default.doc LUNDY, FLITTER, BELDECOS & BERGER, P.C. By: PHILLIP D. BERGER, ESQUIRE Identification No.: 58942 450 N. Narberth Avenue Narberth, PA 19072 (610) 668-0774 ------------------------------ NC TWO, L.P., successor by assignment from Bank of America, N.A., successor to Fleet National Bank 4100 Greenbriar, Suite 180 Stafford, TX 77477 Plaintiff, V. PJ HOFFMAN ASSOCIATES, INC. d/b/a NATURE CURE OF HBG 550 Saint Johns Drive Camp Hill, PA 17011 and PETER HOFFMAN 550 Saint Johns Drive Camp Hill, PA 17011 Defendants. ------------------------------------ ATTORNEYS FOR PLAINTIFF COURT OF COMMON PLEAS CUMBERLAND COUNTY NO. 2006-05905 NOTICE Pursuant to Rule 236 of the Supreme Court of Pennsylvania, you are hereby notified that a JUDGMENT BY DEFAULT has been entered against you in the above proceeding and that enclosed herewith is a copy of all the (record) documents filed in support of the said judgment. IF YOU HAVE ANY QUESTIONS CONCERNING THIS NOTICE, PLEASE CALL: ATTORNEY(S): Phillip D. Berger, Esquire at this telephone number: (610) 668-0770. Prothonotary % SHERIFF'S RETURN - REGULAR yr' CASE NO: 2006-05905 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND NC TWO L P VS PJ HOFFMAN ASSOCIATES INC ET WILLIAM CLINE , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon PJ HOFFMAN ASSOCIATES INC D/B/A NATURE CURE OF HBG the DEFENDANT at 2015:00 HOURS, on the 19th day of October , 2006 at 550 SAINT JOHNS DRIVE CAMP HILL, PA 17011 by handing to DONNA HOFFMAN, WIFE OF PETER HOFFMAN a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: So Answers: Docketing 18.00 Service 11.44 Affidavit 00 Surcharge 10.00 R. Thomas Kline „n 39.44? 10/20/2006 III LUNDY FLITTER BELDECOS BERGER Sworn and Subscibed to By: before me this day Deputy Sheriff of A. D. *% SHERIFF'S RETURN - REGULAR sCASE NO: 2006-05905 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND NC TWO L P VS PJ HOFFMAN ASSOCIATES INC ET WILLIAM CLINE , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon HOFFMAN PETER the DEFENDANT at 2015:00 HOURS, on the 19th day of October , 2006 at 550 SAINT JOHNS DRIVE CAMP HILL, PA 17011 by handing to DONNA HOFFMAN, WIFE a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: So Answers: Docketing 6.00 Service .00 Affidavit .00 Surcharge 10.00 R. Thomas Kline .00 16.00,/ 10/20/2006 7- It)Vi , LUNDY FLITTER BELDECOS BERGER Sworn and Subscibed to By: before me this day epu y Sheriff of A.D. C:\Nc2\NatureCure\OrderToSatisfyludgment.doc LUNDY, FLITTER, BELDECOS & BERGER, P.C. By: PHILLIP D. BERGER, ESQUIRE Identification No.: 58942 450 N. Narberth Avenue Narberth, PA 19072 (610) 668-0774 -------------------------------------- NC TWO, L.P., successor by assignment from Bank of America, N.A., successor to Fleet National Bank 4100 Greenbriar, Suite 180 Stafford, TX 77477 V. Plaintiff, ATTORNEYS FOR PLAINTIFF COURT OF COMMON PLEAS CUMBERLAND COUNTY NO. 2006-05905 PJ HOFFMAN ASSOCIATES, INC. d/b/a NATURE CURE OF HBG 550 Saint Johns Drive Camp Hill, PA 17011 and PETER HOFFMAN 550 Saint Johns Drive Camp Hill, PA 17D 11 -------------- ------ Defendants TO THE PROTHONOTARY: ORDER TO SATISFY JUDGMENT Please satisfy the judgment in the above-captioned matter. LUNDY, FLITTER, BELDECOS & BERGER, P.C. By: PHILLIP D. BERGER, ESQUIRE Dated: 11,16/ O -7 tr- O cA O r? 00 w 'O Q