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Home My WebLink About00-02848 i. ' PNC BANK, NATIONAL ASSOCIATION, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. CO. ozql/e bJ SPECTRA SERVICES, INC., A PENNSYLVANIA CORPORATION, Defendant : CIVIL ACTION - LAW : CONFESSION OF JUDGMENT CONFESSION OF JUDGMENT Pursuant to the authority contained in the warrant of attorney, the original or a copy of which is attached to the complaint filed in this action, I appear for the Defendant and confess judgment in favor of the Plaintiff and against Defendant as follows: Principal $396,392.61 Other authorized items: Interest to May 2, 2000 $ 3,535.51 -.....'" Attorney's Commission $ 39.992.00 TOTAL $439,920.12 Respectfully submitted, Date: ;(>;{Od By: I M. L ebohm, Esquire S preme Court ill #59012 2109 Market Street Camp Hill, P A 17011 (717) 737-3405 ,~ .'J ~" " PNC BANK, NATIONAL ASSOCIATION, Plaintiff v. SPECTRA SERVICES,lNC., A PENNSYLVANIA CORPORATI9N, Defendant ,'. ',~ ^"'C'-',. '""",. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. : CIVIL ACTION - LAW . : CONFESSION OF JUDGMENT ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please enter the appearance of the undersigned on behalf of PNC Bank, National Association, Plaintiff in the above captioned matter. Os< 1~ Respectfully submitted, SAIDIS, SHUFF & MASLAND By: 1M. Ledebohm, Esquire Supreme Court ill #59012 2109 Market Street Camp Hill, PA 17011 (717) 737-3405 ""..,.,- '0''';'"...0. '" ~- ~, ,~ o ,.,-- . , ,'-," ri-hj....;.,~,i'~_~~'*L............"~h&'~~ - ,~,I - d~~'-'--""';..;.':..:. '-z-- o ~~ -06:'; !pm <~ 05=,_. '" .~ r--"~ 5f-- _.;;:0 55:0 -c: <: ~ I\) c..> . . Q Q :::Jl: J:,; ...., , U; ~ J::- .. ~ '::;:1 61.::0 ,_ ~c,,;.; ::no 01 =y!9, t5::i1 ;;;;0""'" aM ;g ""' '" I_'E_" PNC BANK, NATIONAL ASSOCIATION, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. SPECTRA SERVICES, INC., A PENNSYLVANIA CORPORATION, Defendant : CIVIL ACTION - LAW : CONFESSION OF JUDGMENT CERTIFICATE OF ADDRESSES I hereby certify that the precise address of Plaintiff, PNC Bank, National Association, is 4242 Carlisle Pike, Camp Hill, Pennsylvania 17011; and that the last known address of the Defendant, Spectra Services, Inc., is 608 Market Street, New Cumberland, Pennsylvania 17070. Respectfully submitted, SAIDIS, SHUFF & MASLAND Date: r / 7/to By: arl . Ledebobrn, Esquire Supreme Court ill #59012 2109 Market Street Camp Hill, PA 17011 (717) 737-3405 . i.. i....... '~'"'" '''''''< ~...'~IQii.UllijWiUj.!ll1 " iiiiiwoi L-illI.[ ~..;;- - "" . ~ ~'-' ~rt,;.j~. "--: 0 0 0 c:: 0 -n ;;: :x '4 -om :0- X:n rTlr-f1 --< rn'r- Z::r:J I :g..~ '"'7C' CD .,'.:_: U1 0 -<L. --l( ,:::0 .." ::r:-n , .:n .- :x ~?ri ~C) ~O J:'" ;a :r.>c: .. ~ N ~ (,w !ill I - ~ . \' PNC BANK, NATIONAL ASSOCIATION, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. SPECTRA SERVICES, INC., A PENNSYLVANIA CORPORATION, Defendant : CIVIL ACTION - LAW : CONFESSION OF JUDGMENT COMPLAINT FOR CONFESSION OF JUDGMENT UNDER RULE 2951 1. The name and address of the Plaintiff is PNC Bank, National Association, 4242 Carlisle Pike, Camp Hill, Cumberland County, Pennsylvania 17011. 2. The name and last known address of the Defendant is Spectra Services, Inc., a Pennsylvania corporation, 608 Market Street, New Cumberland, Cumberland County, Pennsylvania 17070. 3. Defendant executed and delivered to Plaintiff a Promissory Note dated February 12, 1999 ("Note"), a true and correct photostatic reproduction of the original of which is attached hereto as Exhibit "A" and made a part hereof. 4. Defendant is in default of Defendant's obligations to make payment to Plaintiff as required in the Note, and Plaintiff has demanded payment in full of all outstanding amounts as provided in the Note. A copy of Plaintiff's demand is attached hereto as Exhibit "B" and made a part hereof. 5. Judgment is not being entered by confession against a natural person in connection with a consumer credit transaction. 6. There has not been any assignment of the Note. 7. Judgment has not been entered on the Note in any jurisdiction. \ 8. The amount due to Plaintiff as a result of Defendant's default is as follows: Principal $396,392.61 Interest to May 2, 2000 $ 3,535.51 Attorney's Commission $ 39.992.00 TOTAL $439,920.12 9. Interest continues to accrue at the rate provided in the Note in the amount of $110.11 per day. WHEREFORE, Plaintiff demands judgment against Defendant, Spectra Services, Inc., as authorized by the warrant of attorney contained in the Note for Four Hundred Thirty-Nine Thousand Nine Hundred Twenty and 12/100 Dollars ($439,920.12), plus interest from and including the date of this Complaint and judgment entered hereon at the rate provided in the Note, and costs of suit. Respectfully submitted, Dme 17!M SAIDIS, SHUFF & MASLAND By ;{ilL4J:i, Supreme Court ill #59012 2109 Market Street Camp Hill, PA 17011 (717) 737-3405 ...,,~-~-~.. 10'111 "'i.l._mJ......,_._~<~ . """'" PROMISSORY N01 Reference$ in the $haded area are for Lender'$ U$e ani and do not limit the ap llcabillty of thl$ document to an Borrower: SPECTRA SERVICES, INC. (TIN: 232474730) 211 SIXTH STREET NEW CUMBERLAND, PA 17070 Lender: PNC BANK, NATiONAL ASSOCIATION 4242 CARLISlE PIKE CAMP HILL, PA 17001-ll874 Principal Amount: $400,000.00 Initial Rate: 8.750% . Date of Note: February 12, 1999 PROMISE TO PAY. SPECTRA SERVICES, INC. ("Borrower") promises to pay to PNC BANK, NATIONAL ASSOCIATION ("Lender"), or order,ln lawful money of the United States of America, the principal amount of Four Hundred Thousand & 001100 Dollars ($400,000.00) or-so much as may be outstanding, together with Interest on the unpald outstanding principal balance of each advance. Interest shall be calculated from the date of each advance until repayment of each advance. PAYMENT. Borrower will pay this loan In accordance with the following payment schedule: Borrower will pay regular monthly payments of accrued Interest beginning March 14, 1999, and all subsequent Interest payments are due on the same day of each month aner that. Borrower will pay this loan In one payment of all outstanding principal plus all accrued unpaid Interest on the expiration Date. Borrower may borrow, repay and reborrow hereunder unlllthe expiration Date, sublect to the terms "!,d condlllons of this Note. The "expiration Date" ""all mean June 2, 1999, or such later date as may be designated by wnUen notice from Lender to Borrower. Borrower acknowledges and agrees that In no event will Lender be under any obligation to extend or renew the loan or this Note beyond the Initial expiration Date. In no event shall the aggregate unpaid principal amount of advances under this Note exceed the face amount of this Note. The annuai Intere$t rate for thi$ Note i$ computed on a 365/360 bll$I$; that 1$, by applying the ratio of the annual inte.....t rate over a year of 360 31'$, multiplied by the oul$tanding principal balance, muitiplled by the actual number of dal'$ the principal balance i$ oul$tandlng. Borrower will pay Lender at Lender'$ addre$$ $hown above or at $uch other place ll$ Lender may de$ignate in writing. Unle$$ otherwl... agreed or required by applicable law, payment$ will be applied fi",tto accrued unpaid interO$t, then to principal, and any remaining amount to any unpaid collection CO$I$ and late chargO$. VARIABLE INTEREST RATE. The intere$t rate on thl$ Note i$ $ubject to change from time to time bll$ed on change$ in an Index which 1$ the Lender'$ prime rate (the "Index'). The index 1$ a rate per annum as publicly announced by Lender from time to time a$ 11$ prime rale. The prime rale 1$ not tied 10 any external rate or index and It doe$ not nece$$arily reflect thelowO$t rate of Intere$t actually charged by Lender to any partloular class or category of CU$lome",. Lender will tell Borrower the current Index rate upon Borrower'$ requO$t. Borrower understanda that Lender may make loan$ based on other rate$ as well. The intere$t rate change will not occur more alien than eech day. The Index currently Is 7.750% per annum. The Interest rate to be applied to the unpaid principal balance of this Note will be at a rate of 1.000 percentage point over the Index, resulting In an Initial rate of 8.750% per annum. NOTICE: Under no clrcum$tance$ will the inte.....t rate on thi$ Note be more than the maximum rate allowed by applicabie law. PREPAYMENT. Borrower may pay without penalty all or a portion of the amount owed eerlier than It i$ due. Eariy paymenl$ will not, unlO$$ agreed to by Lender in writing, relieve Borrower of Borrower's obligation to continue to make payments of accrued unpaid interest. Rather, they will reduce the principal balance due. LATE CHARGE. If a payment 1$ 15 days or more late, Borrower will be charged 5.000% of the unpald portion of the regularly llCheduled payment or $100.00, whichever Is less. . DEFAULT. Borrower will be in default if any of the following happen$: (a) Borrower fail$ to make any payment when due. (b) Borrower breaks any promi$e Borrower has made to Lender, or Borrower fail$ to comply with or to periorm when due any other term, obligation, covenant, or condlllon contained in thi$ Note or any agreement relaled to thi$ Note, or in any other agreement or loan Borrower .has with Lender. (c) Borrower defaull$ under any loan, exlen$ion of credit, $ecurlty agreement, purchase or $alO$ agreement, or eny other agreement, in favor of any other creditor or pe",on that may materially affect any of Borrower'$ property or Borrower'$ ability to repay thl$ Note or perform Borrower'$ obligation$ under thi$ Nole or any of the Related Documenl$. (d) Any repre$entation or $tatement made or furnished to Lender by Borrower or on Borrower'$ behalf i$ fal... or mi$leeding In any material re$pect either now or at the time made or furni$hed. (e) Borrower become$ insolvent, a reciliver i$ appointed for any pari of Borrower'$ properly, Borrower make$ an ll$$lgnment for the beneflt of credlto"" or any proceeding 1$ commenced either by Borrower or agalnsl Borrower under any bankruptcy or In$olvency law$. (I) Any creditor lrie$ to take any of Borrower'$ properly on or in which Lender has a lien or ",",urity interest. Thi$ include$ a garnishment of any of Borrower'$ accounts with Lender. (g) Any guarantor dies or any of the other evenl$ described In this default $SClIon occu", with re$pectto any guarantor of thl$ Note. (h) A material adve",e change occu'" In Borrower'$ flnanclal condition, or Lender believes the pro$pect of payment or performance of the Indebtedne$$ 1$ impaired. LENDER'S RIGHTS. Upon default, Lender may, aller giving $uch notices a$ required by applicabie law, declare the entire unpaid principal balance on thl$ Note and ali accrued unpaid inlere$1 immediately due, and then Borrower will pay that amount. URon default, Including failure to pay upon final maturity, Lender, at Its option, may also, If permitted under applicable law, Incl'SS$e the variabie inlerO$I rate on thl$ Note to 6.000 percentage points over the Index. The InterO$I rate will not exceed the maximum rate permitted by applicable law. Lender may hire or pay $omeone el$e to help collect thi$ Note if Borrower doe$ not pay. Borrower al$o will pay Lender that amount. Thi$ Include$, $ubject to any limil$ under applicable law, Lender'$ attornel'$' fees and Lender'$ legal expen$O$ whether or not there is a law$ult, Including attornel'$' fees arid legai expen$e$ for bankruptcy proceedlng$ (including efforts to modify or vacate any automatic stay or injunction), appeal$, and any anticipated PO$t-judgment collection servlcO$. II not prohibited by applicable law, Borrower also will pay any courl CO$ts, In addition to all other $um$ provided by law. If judgment Is entered in ~onnection with this Note, interO$t will continue to accrue on thi$ Note aller judgment at the Interest rate applicable to thl$ Note al the time Judgment IS enlered. This Note has been delivered to Lender and accepted by Lender In the Commonwealth of Pennsylvania. If there Is a lawsuit, Borrower agrees upon Lender's request to submit to the Jurlsdlctton otthe courts 01 CUMBERLAND County, the Commonwealth of Pennsylvania. Lender and Borrower hereby waive the rtght to any jury trial In any action, proceeding, or counterclaim brought by either Lender or Borrower against the other. This Note shall be governed by and construed In accordance with the laws of the Com.monwealth of Pennsylvania. RIGHT OF SETOFF. Borrower granl$ to Lender a contractual $ecurity Interest In, and hereby assign$, convel'$, dellve"" pledge$, and tran$lenl to Lender all Borrower's right. title and interest in and to. Borrower's accounts with Lender (whether checking, savings, or seme other account), Including without limitation all accounts held jointly with someone else and all accounts Borrower may open in the future. excluding however all IRA and Keogh accounts, and all trust accounts for which the grant of a security interest would be prohibited by law. Borrower authorizes Lender, to the extent permitted by applicable law. to charge or setoff all sums owing on this Note against any and all such accounts. COLLATERAL. This Note 1$ secured by, in addition to any other collateral. an M$lgnment of A11.':lents date.d February 12,. 1999, to Lender on real property located in CUMBERLAND County, Commonwealth of Pennsylvania, all the terms and conditions of which Bre hereby Incorporated and made a pari of thi$ Note. E . b . "A" Xfll l t ~ ..~ ~_..~~, , ~.Ii.wo.._..._~~_c~. L"~o..._ , ~ ,bW.--" 02-12-1999 .Lolln No PROMISSORY NOTE (Continued) Page 2 LINE OF CREDIT. This Note evidences iI revolving line 01 credit. Advances under this Note may be requested orally by Borrower or by an authorized penlon; Lender may, but need not, require that all oral requests be confirmed In writing. All communications, instructions, or directions by telephone or otherwise to Lender are to be dire<;ted to-Lender's office shown above. The lollowing party or par1les are authorized to request advances under the line 01 credit until Lender receives from, Borrower at Lender's address shown above wriilen notice 01 revocation 01 their authority: EDWARD V. KELLOGG PRe:SID~T; m:'d MARY E.P, KELLOGG, SECRETARYITREASURER. Borrower agrees to ~e liable lor all sums either: (a) advancad In accordanc~ With the .nstructions 01 an authonzed person or (b) credited to any of Borrower's accounts With Lender. The unpaid principal balance owing on this Note at any time may be eVIdenced by endorsements on this Note or by Lender's Internal records, Including daily computer print-outs. Lender will have no cbllgation to advance lunds under this Note If: (a) Borrower or any guarantor is in delault under the terms 01 this Note or any agreement that Borrower or any guarantor has wilh Lender, including any agreement made in connection with the signing 01 this Note; (b) Borrower or any guarantor ceases doing business or is Insolvent; (c) any guarantor seeks, claims or otherwise attempts to limit, modify or revoke such guarantor's guarantee ciI this Note or any other loan with Lender; or (d) Borrower has applied funds provided pursuant to this Note lor purposes other than those authorized by Lender. . CLEANUP PROVISION. Borrower 8Ci<nowledges and agrees that prior to the Expiration Date and annually thereafter lithe Expirallon Date is extended, all amounts borrowed under the line 01 credit hereunder must be repaid In full so that there Is no oulstandlng principal balance for a period of at least 30 consecutive days. YEAR 2000 COMPLIANCE. Borrower has reviewed the areas within its business and operations which could be adversely allected by, ~d has developed or Is developing a program to address on a timely basis the risk that certain computer applications used by Borrower may be unable to recognize and perform properly date-sensilive functions Involving dates prior to and after December 31, 1999 (the -Vear 2000 Problem"). The Year 2000 Problem will not resuit, and is not reasonably expected to resuit, in any material adverse ellect on the business, properties, assets, financial condition, results of operations or prospects 01 Borrower, or the ability 01 Borrower to duly and punctually payor perform its obligations hereunder and under the Related Documents. GENERAL PROVISIONS. Lender may delay or forgo enforcing any 01 Its rights or remedies under this Nole without losing them. Borrower and any other person who signs, guarantees or endorses this Note, to the extent allowed by law, waive presentment, demand lor payment, protest and notice 01 dishonor. Upon any change in the terms 01 this Note, and unless otherwise expressly slated in writing, no party who signs this Note, whether as maker, guarantor, accommodation maker or endorser, shall be released from liability. All such parties agree that Lender may renew or extend (repeatedly and Icr any length of time) this loan, or release any party or guarantor or collateral; or impair, lall to realize upon or perfect Lender's security interest In the collateral; and take any other action deemed necessary by Lender without the consent 01 or notice to anyone. All such parties also agree that Lender may modify this loan without the consent 01 or notice to anyone other than the party with whom the modification is made. II any portion 01 this Note Is for any reason determined to be unenforceable, It will not allect the enlorceabillty 01 any other provisions of this Note. CONFESSION OF JUDGMENT. BORROWER HEREBY IRREVOCABLY AUTHORIZES AND EMPOWERS A/oN ATTORNEY OR THE PROTHONOTARY OR CLERK OF A/oN COURT IN THE COMMONWEALTH OF PENNSYLVANIA, OR ELSEWHERE, TO APPEAR AT ANY TIME FOR BORROWER AFTER A DEFAULT UNDER THIS NOTE, AND WITH OR WITHOUT COMPLAINT FILED, AS OF ANY TERM, CONFESS OR ENTER JUDGMENT AGAINST BORROWER FOR THE ENTIRE PRINCIPAL BALANCE OF THIS NOTE, ALL ACCRUED INTEREST, LATE CHARGES, AND ANY AND ALL AMOUNTS EXpeNDED OR ADVANCED BY LENDER RELATING TO A/oN COLLATERAL SECURING THIS NOTE TOGETHER WITH INTEREST ON SUCH AMOUNTS, TOGETHER WITH COSTS OF SUIT, AND AN ATTORNEY'S COMMISSION OF TEN PERCENT (10%) OF THE UNPAID PRINCIPAL BALANCE AND ACCRUED INTEREST FOR COLlECTION, BUT IN A/oN EVENT NOT LESS THAN FIVE HUNDRED DOLLARS ($500) ON WHICH JUDGMENT OR JUDGMENTS ONE OR MORE EXECUTIONS MAY ISSUE.IMMEDIATEl.Y; AND FOR SO DOING, THIS NOTE OR A COPY OF THIS NOTE VERIFIED BY AFFIDAVIT SHALL BE SUFFICIENT WARRANT. THE AUTHORITY GRANTED IN THIS NOTE TO CONFESS JUDGMENT AGAINST BORROWER SHALL NOT BE EXHAUSTED BY A/oN EXERCISE OF THAT AUTHORITY, BUT SHALL CONTINUE FROM TIME TO TIME AND AT ALL TIMES UNTIL PAYMENT IN FULL .OF ALL AMOUNTS DUE UNDER THIS NOTE. BORROWER HEREBY WAIVES Am RIGHT BORROWER MAY HAVE TO NOTICE OR TO A HEARING IN CONNECTION WITH Am SUCH CONFESSION OF JUDGMENT, EXCEPT Am NOTICE AND/OR HEARING REQUIRED UNDER APPLICABLE LAW WITH RESPECT TO EXECUTION OF THE JUDGMENT, AND STATES THAT EITHER A REPRESENTATIVE OF LENDER SPECIFICALLY CALLED THIS CONFESSION OF JUDGMENT PROVISION TO BORROWER'S ATTENTION OR BORROWER HAS BEEN REPRESENTED BY INDEPENDENT LEGAL COUNSa. PRIOR TO SIGNING THIS NOTE, BORROWER READ AND UNDERSTOOD ALL THE PROVISIONS OF THIS NOTE, INCLUDING THE VARIABLE INTEREST RATE PROVISIONS. BORROWER AGREES TO THE TERMS OF THE NOTE AND ACKNOWLEDGES RECEIPT OF A COMPLETED COPY OF THE NOTE. THIS NOTE HAS BEEN SIGNED AND SEALED BY THE UNDERSIGNED. BORROWER: SPECTRA SERVICES, INC. , i. , '. , i " Vartable Aate. LIne of Credit. LAseR PAO, Reg. U.S. Pal. &. T.M. Off., Ver. 3.26b (C) 1999 OFI ProServlces, Inc. All rights reserved. (PA- 20 SPe,CTAA2.LN C39.0VLI By: J1/jilflfiiiifI!l1((j(#fii!l!ifij$.fijjj?i:~;iW1rf)iiJ;,1t; EJFrn:~~@;~) IlDWARDV.K~ENT i~~","","",,""Pil"- ~_ "'__~ ~ L, ~ _~~ .". ~-T ''';,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,. .PNC CAPITAL RECOVERY CORP. 4242 Carlisle Pike CampHilI,PA 17011 E-mail: eric.krimmel@pncbank.com Erie D. Krimmel Assistant Vice President (717) 730-2492 Tel (71 7)730-2373 Fax Certified and Regnlar Mail May 1,2000 PNC Capital Recovery Corp. Edward V. Kellogg, President Spectra Services, Inc. 608 Market Street New Cumberland, P A 17070 Mr. Edward V. Kellogg Mrs. Mary E. P. Kellogg 816 Anthony Drive Mechanicsburg, PA 17055 -,,'''': In re: Spectra Services, Inc. $400,000 Line of Credit Loan Obligor/Obligation Nos.: 31706109-601085654 Dear Spectra Services, Inc.: Dear Mr. and Mrs. Kellogg: As you know, you are obligated to PNC Bank, National Association ("PNC") for a certain loan in the original principal amount of $400,000 (the "Loan"), as evidenced by a certain note dated February 12, 1999, and by a certain Guaranty dated February 12, 1999, and other related loan documents (the "Loan Documents"). As you also know, you are in default under the Loan and Loan Documents for yoUr failure to payoff the above-referenced loan account when it matured on March 2, 2000, which constitutes an Event('jf'Qefault under the Loan and Loan Documents. As a result of the above Event of Default, all liabilities and obligations under the Loan and Loan Documents have been accelerated and demand is hereby made for immediate payment in full of all liabilities and obligations due to PNC. As of this date the amount due under the Loan and Loan Documents is as follows: Principal balance Accrued and unpaid interest as of 05/0 1/2000 UCC-l search fees . UCC-l satisfaction fees Total Per Diem $110.11 $396,392.61 3,535.51 329.50 89.50 $400,347.12 Demand is hereby made for immediate payment to PNC of all sums due and owing under the Loan and Loan Documents, plus accrued interest and hereafter accruing, as set forth above, and any additional.. costs which may become due, from the date of this letter. Exhibit "B" .~ -,., ~..........,,~ I~" 'i~ ^~~ , I . .'~__"M ~ _,~ ~ ......~--""'~ ~ ~'i._""""''''- . Spectra Services, Inc. May 1,2000 Page 2 Please be advised that unless payment in full is immediately delivered to PNC Bank, National Association at 4242 Carlisle Pike, Camp Hill, PA 17011, in the fonn ofa cashiers check or money order, PNC shall take all action it deems appropriate to collect the above sums due and owing, preserve, protect and enforce its rights under the Loan and Loan Documents. Very truly yours, PNC Capital Recovery Corp. &~'D~ Eric D. Krimmel Assistant Vice President Certified Mail Nos.: Z 077 330 688 Z 077 330 689 cc: Regular Mail /' Geoffrey S. Shuff, Esquire ~'ko PNC BANK, NATIONAL ASSOCIATION, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO, ctJ - ~B'0~ SPECTRA SERVICES, INC., A PENNSYL VANIA CORPORATION, Defendant : CIVIL ACTION - LAW : CONFESSION OF JUDGMENT NOTICE TO: Spectra Services, Inc., a Pennsylvania corporation Pursuant to Rule 236 of the Supreme Court of Pennsylvania, you are hereby notified that a JUDGMENT BY CONFESSION has been entered against you in the above proceeding and that enclosed herewith is a copy of all the documents filed in support of the said judgment. IF YOU HAVE ANY QUlISTIONS CONCERNING THIS NOTICE, PLEASE CALL: KARL M. LEDEBOHM, ESQUIRE TELEPHONE NUMBER: (717) 761-1881 ~(;Ju~' E~ Prothonotary /;t!'? L , . , PNC BANK, NATIONAL ASSOCIATION, Plaintiff v. : IN TIm COURT OF COMMON PLEAS ; CUMBERLAND COUNTY, PENNSYLVANIA ; NO. SPECTRA SERVICES, INC., A PENNSYLVANIA CORPOAATION, Defendant ; CIVlL ACTION - LAW : CONFESSION OF nJOOMENT VERIFICATION I, Eric Krimmel, Assistant Vice President, for PNC Bank, National Association, being authorized to do SO on behalf of PNC Bank, National Association, hereby veritY that the statements made in the foregoing pleading are true and <:ortect to the best of my information, knowledge and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S Section 4904, relating to unsworn falsification to authorities. PNC BANK, NATIONALASSOCJATION Date: S/2..JoO By: {J~ f'-"- Q Eric Krimmel Assistant Vice President CC:PI 00. c0 A~W P0d SVb aN~lS~W ~~lHS SIar~5 ~0PS~S~~,~ >; -i.~~~i1;,i'l;j:IiiW,*"if,",-w''ii''''lilall~""~Jitl;~i~,-kJ:flllt\O\II,'"l>d~"il!~;i[(r",,.JI'1Ijbi:v~j,t..k_~;>1lif~~J, ,""',",o"'___:f<~, 'U_" .~ ^ . ~ "~ -~'- ~R .~...,.~ ~.""~ ",,\ ~ ~... . _~ I ~" .1 ~ ~ ~ iiIIIiliItill.a '.lid!f~~-' .~"t~,~,,,,,-'ii,.,;,.,,'~-'~~~I8l""" 1 ' .~.'. '\'- ell ............ . , "' *,,9~ ~ ~ "-' .: c:> p. ;JJ; '7..;J" ::..: , 01 o ~~f0' rnr",l i~~ 1C2o J?;C) ~~() ;pc: 2' c=i -<, -0 ::I: r:- o' Q 'c;....t ..,. r"'1~ .' r "1:1-,tT1 :;,9 9,9 :J:-rl 0--; z~ sa ~ N r...:> i*' . ~ " - -'" - ~ ~" ,. PNC BANK, NATIONAL ASSOCIATION, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. /7' ~ /J ; NO. hJ~d-S'4-f- ~ SPECTRA SERVICES, INC., A PENNSYLVANIA CORPORATION, Defendant : CIVIL ACTION - LAW : CONFESSION OF JUDGMENT PRAECIPE FOR WRIT OF EXECUTION UPON A CONFESSED JUDGMENT To the Prothonotary: Issue a writ of execution upon a judgment entered by confession in the above matter. (1) directed to the sheriff of Cumberland County; (2) against Spectra Services, Inc., a Pennsylvania corporation, Defendant; and (3) against N/A , Garnishee; (4) and index this writ (a) against Spectra Services, Inc., a Pennsylvania corporation, Defendant; and (b) against N/A , as Garnishee and levy upon and attach as required the following: (a) Any and all personal property of Defendant, Spectra ~ervic~, Inc.) in~lu~g without limitation all inventory and equipment. {,0'6' M.Ju1!h{ st-., N~ ~ PA- /7rJ7iJ (5) Amount due: Interest from 4/12/2000 Attorneys fees Costs $439,920.12 at $110.11 per day (to be added) (to be added) (to be added) Certification I certify that (a) This praecipe is based upon ajudgment entered by confession; and _~_~c. .,~, ~ (b) Notice will be served with the Writ of Execution Pursuant to Rule 2958.3. Respectfully submitted, Os< rr ~ I M. ebobrn, Esquire Supreme Court ill #59012 2109 Market Street Camp Hill, P A 17011 (717) 761-1881 By Attorney for Plaintiff .,-~ "..:...~ , . ';;~'~r.liiiliUr" ,.:--- --_~~ f'~ ~ ~ c" ~ :L ,;"--,, '" '<IiliGIII~~liIil ;...~:-,~;-;,,;v,-~~'-,~" "~-'i ~ e::J' ........... ~~ 0'"1 VI -- <::s. ~ . \ (') ~ -0 OJ ~93 ZS;: ~z ~CJ 2:;:0 ~O PC ~ ~"".. .(0) (::> .::> :x ;po -< I (.11 ~ ..-4 --r ,"- i"1'~ . ~~g~ ~-",' . .,..,. : '-"'Tl " 0- Z~ . o .~ -.:> :;l: ,r:- .. N N IWr; .~~ . L~, UNITED STATES BANKRUPTCY COURT MIDDLE DISTRICT OF PENNSYLVANIA In re EDWARD V. & MARY E. P. KELLOGG Debtors No.: 1-00-05655 Chapter 7 ORDER AND NOW, this c:::l.SrH day of March, 2003, upon consideration of the Debtor's Motion to Avoid Lien as filed by Debtors on or about 24 January 2001 and pertaining to a judgment recorded in Cumberland County, Docket No. 2000-2848, in favor ofPNC Bank, it is hereby ORDERED AND OECREED that said Motion is GRANTED and said judgment is herewith declared VOID in compliance with the Bankruptcy Code and pursuant to the Discharge Order. It is furthered ORDERED and DECREED that the Prothonotary of Cumberland County is instructed to mark said judgment DISCHARGED IN BANKRUPTCY. By THE COURT -""""~"."" -'..' . -"'-- FILED HAf{R~iiJRG \~R 25 ~3J Clt;!rk, u.s. B~:'"\t,-r. ":"'t....v GOq1. .--.."- IaIMARYD. FRANC! . Hon. Mary D. France Bankruptcy Judge --I ',_--,',',~" '0 ,"_"",'-,;,"_"_' "";;.,,,'>, ",'<""--;c;''{7C''\',",- - -, - - --'O<,,,'~C' ~':_;,:"'F)'__:;':~."''-'' , ",--: "'-~?::-,';" -' ", "- - '-' ..~- ~ PNC BANK, NATIONAL ASSOCIATION, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. Civil Action - Law SPECTRA SERVICES, INC., a Pennsylvania Corporation Defendant No. 2000-2848 Civil PRAECIPE TO ENTER APPEARANCE TO THE PROTHONOTARY: Please enter our appearance as counsel for Defendant, Spectra Services, Inc., in the above-captioned case. KEEFER WOOD ALLEN & RAHAL, LLP Dated: rg/30/00 BY~~~~n~ I.D. No. 32147 210 Walnut Street P.O. Box 11963 Harrisburg, PA 17108-1963 (717) 255-8014 (Attorneys for Defendant) CERTIFICATE OF SERVICE I hereby certify that I have this day served a copy of the foregoing document upon the person(s) and in the manner indicated below: First-Class Mail. Postaqe Prepaid Addressed as Follows: Geoffrey S. Shuff, Esquire Karl M. Ledebohm, Esquire SAIDIS, SHUFF, FLOWER & LINDSAY 2109 Market Street Camp Hill, PA 17011 (Attorneys for Plaintiff) Dated: '8/>D /00 ~~ adford Dorrance ".~ ~~'..". .. ,. "". . ,~ .~ .~. ,~ ,i,--' "'" };/i',,3,~,', .. ::~;ig;i".j:\';j;j:,.; ~;, ~ ., ",--. - :::};,j,;;..,;"'.\)".. ...... ,', "'..."""",;,;;;.;.,..,.".;H'c..,"':"..,d ;, "'j,;:~'.i;",l",;";'jJ;',o,jJ;;,,o..;",,.._ o s: U(;,_) rn r~.. ~~-,: (JJ c_'._ -<~-, r;, \.....~' )~: (~;, -(.';:C', )>c: -'? ~;-'; ",-" , .. ,- " ~~3 :~~ :;~ ~;J 'i) ,,"" - ~ ~.<) -3 ..:.;.>...... ~.. ' J '"'::~ S:J ~ " ,J I .1 - .~ = .~~ -,"-, WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO.00-2848 CIVIL 19 CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due PNC Bank, National Association PLAINTIFF(S) from Spectra Services, Inc., a Pennsylvania Corporation, 608 Market St., New Cumberland PA 17070. DEFENDANT(S) (1) You are directed to levy upon the property of the defendant(s) and to sell Any and all personal property including without limitation inventory and equipment. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: '. and to nomy the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is/are 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 notKy him/her that he/she has been added as agarnishee and is enioined as above stated, Amount Due $4 ,q. q?(1 1? Interest from 4/12/00 @ $llO.OO/day Atty's Comm Atty Paid Plaintiff Paid % L.L. Due Prothy Other Costs $ 5(1 $1.00 $32.00 D~e: May 5, 2000 Deputy by: REQUESTING PARTY: Name Karl M. Ledebohm, Esq. Address: 2109 Market St. Camp Hill PA 17011 Attorney for: Plaintiff Telephone: (717) 761-1881 Supreme Court ID No. 59012 ~!litli1tii1! -~" "......~~..1 ~. - ~ ".~_~ I' ~-,,'c,~~..:..." ., ~ ~, ,-- ,'"'""", R. Thomas Kline, Sheriff, who being duly sworn 1l(:9ili~ng to law, states this writ is returned A RA1'lDONED, ~,() ACTION TAKEN IN 6 MOS. Sheriffs Costs: Docketing Poundage Advertising Law Library Prothonotary Mileage Misc. Surcharge Levy Post Pone Sale Garnishee Advance Costs: Sheriff s Costs: $ 18.00 1.20 .50 1.00 10.54 n5it;ot1 61. 24 88.76 """1IliIllo """ii,,;: . . I'.' :: , jJ I' t I! 1:1 ;~ '~ '!~ [; ,1 jii 'i n "~ U il II II I Refunded to Arty on 10/25/01 10.00 20.00 61. 24 So Answers; t"~,,~(;~~t ~ R. Thomas Kline, Sheriff ~ By ~~ () /J ~ ~QBvwJooL/ ~ Sworn and Subscribed to before me this 7'"" dayof~""wJ.Hj 2001 A.D. Qt1fod2 7z,..."ii..t~- P 0 onotary "1",. .' ~'1 ~ '- ' , \ ~_J, ,J. \',:~ f,"O h 9 D }.~~,\ ^1-hX,~_::, '_ ,13m~,b c --\,j j;~,l;Lj(} /.sU (;Jf; 39G'3) L /If:f'(7