HomeMy WebLinkAbout07-2510e
COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION
PNC BANK, NATIONAL ASSOCIATION, :DOCKET NO. U 7- ~ 5 ~U Cc.~rcZ I ~.,,...
Plaintiff
v.
CONFESSION OF JUDGMENT
PAV, INC., DB/A UNI-MART,
Defendant :PREVIOUSLY ASSIGNED TO: N/A
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 the Defendant as follows:
a. Principal
b. Interest to Apri123, 2007
c. Late Charges
d. Property Search Fee
e. UCC Search Fees
f. Attorneys' Fees
TOTAL:
$ 946,240.24
$ 46,797.65
$ 2,667.01
$ 55.00
$ 96.00
. 99,303.79
$1,095,159.69, plus interest, other
expenses, fees and costs
Respectfully submitted,
Date: Apri13~, 2007
McNees Wallace & Nurick LLC
By:
Pr6y S. S~fuff, Esquire
Supreme Court ID #24848
100 Pine Street, PO Box 1166
Harrisburg, PA 17108-1166
(717) 237-5439
Attorneys for Plaintiff
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COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION
PNC BANK, NATIONAL ASSOCIATION,
Plaintiff
v.
PAV, INC., DB/A UNI-MART,
Defendant
To: PAV, Inc., d/b/a Uni-Mart, Defendant
DOCKET NO. d 7• ~S/v Lc~.~ ~~c..~.--
CONFESSION OF JUDGMENT
PREVIOUSLY ASSIGNED TO: N/A
You aze hereby notified that on ~ , 2007, judgment by confession was
entered against you in the sum of $1,095,159.6 , in the ove-ca tion ase.
DATE: l'~ 1 , ~ vo?
Pro onotary
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 Baz Association
32 South Bedford Street
Cazlisle, PA 17013
(717) 249-3166 or 1-800-990-9108
I hereby certify that the following is the address of the Defendant stated in the certificate of
residence:
PAV, Inc., d/b/a Uni-Mart
c/o Vicki L. McFee, President
21 South Railroad Street
Hummelstown, PA 17036
Atto ey ainti
,f -. ,~
A, PAV, Inc., d/b/a Uni-Mart, Demandado(s)
Por este medio sea avisado que en el dia de de 2007, un fallo por admision fue
registrado contra usted por la contidad de $1,095,159.69, del caso antes escrito.
Fecha: el dia de de 2007
Protonotario
LLEVE ESTA DEMANDA A UN ABODAGO 1MMEDIATAMENTE. SI NO TIENE
ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA
EN PERSONA A LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE
ENCUENTRA ESCRTTA ABAJO PARR AVERIGUAR DONDE SE PUEDE CONSEGUIR
ASISTENCIA LEGAL.
Cumberland County Bar Association
32 South Bedford Street
Carlisle, PA 17013
(717) 249-3166 or 1-800-990-9108
Por este medio certifico que to siguiente es la direccion del demandado dicho en el
certificado de residencia:
PAV, Inc., d/b/a Uni-Mart
c/o Vicki L. McFee, President
21 South Railroad Street
Hummelstown, PA 17036
A ( de emandante(s)
COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION
PNC BANK, NATIONAL ASSOCIATION,
Plaintiff
DOCKET NO. ~ ~- ~Si ° ~-~-P `'"-
v.
PAV, INC., D/B/A UNI-MART,
Defendant
CONFESSION OF JUDGMENT
PREVIOUSLY ASSIGNED TO: N/A
COMPLAINT FOR CONFESSION OF JUDGMENT
UNDER RULE 2951
1. The Plaintiff, PNC Bank, National Association, is a national banking association
organized and existing under the laws of the United States of America with a principal regional
office located at 4242 Carlisle Pike, Camp Hill, PA 17011 (the "Plaintiffl')
2. The Defendant, PAV, Inc., d/b/a Uni-Mart, is a Pennsylvania corporation with a
last known address c/o Vicki L. McFee, President, 21 South Railroad Street, Hummelstown, PA
17036 (the "Defendant")
3. The Defendant executed and delivered to the Plaintiff a U.S. Small Business
Administration Note dated September 19, 2005, in the original principal amount of Nine Hundred
Ninety-Four Thousand Dollars ($994,000), as amended by an Amendment to US Small Business
Administration Note dated April 18, 2006 (together, the "Note"), true and correct photostatic
reproductions of the originals of which are attached hereto as Exhibit "A" and made a part hereof.
4. The Defendant executed and delivered to the Plaintiff a Disclosure for Confession
of Judgment ("Disclosure for Confession"), a true and correct photostatic reproduction of the
original of which is attached hereto as Exhibit "B" and made a part hereof.
5. Defendant is in default of Defendant's obligations to make payment to the Plaintiff
as required in the Note, and the Plaintiff has demanded payment in full of all outstanding amounts
as provided in the Note. A copy of the Plaintiffs demand dated February 13, 2007, is attached
hereto as Exhibit "C" and made a part hereof.
6. Judgment is not being entered by confession against a natural person in connection
with a consumer credit transaction.
7. There has not been any assignment of the Note.
8. Judgment has not been entered on the Note in any jurisdiction.
9. The amount due to the Plaintiff as a result of the Defendant's default is as follows:
a. Principal $ 946,240.24
b. Interest to Apri123, 2007 $ 46,797.65
c. Late Charges $ 2,667.01
d. Property Search Fee $ 55.00
e. UCC Search Fees $ 96.00
f. Attorneys' Fees $-22,3~~-79
TOTAL DUE: $1,095,159.69
10. Interest continues to accrue at a rate equal to the Prime Rate published in the Wall
Street 7~urnal, plus two and one-quarter percent (2.25%), adjusted quarterly.
WHEREFORE, Plaintiff, PNC Bank, National Association, demands judgment against the
Defendant, PAV, Inc., d/b/a Uni-Mart, in the amount of One Million Ninety-Five Thousand One
Hundred Fifty-Nine and 69/100 Dollars ($1,095,159.69), plus interest at a rate equal to the Prime
Rate published in the Wall Street Tnurnal, plus two and one-quarter percent (2.25%), adjusted
quarterly, through the date of payment, including on and after the date of entry of judgment on this
Complaint, and for other expenses, fees and costs to which the Plaintiff maybe entitled.
Respectfully submitted,
McNees Wallace & Nurick LLC
Date: April~~ 2007 By:
eo ey S uff, Esquire
Supreme Court ID #24848
100 Pine Street, PO Box 1166
Harrisburg, PA 17108-1166
(717) 237-5439
Attorneys for Plaintiff
COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION
PNC BANK, NATIONAL ASSOCIATION, :DOCKET NO.
Plaintiff
v.
PAV, INC., DB/A UNI-MART,
Defendant
CONFESSION OF JUDGMENT
PREVIOUSLY ASSIGNED TO: N/A
VERIFICATION
I, Eric D. Krimmel, Vice President, for PNC Bank, National Association, being authorized
to do so on behalf of PNC Bank, National Association, hereby verify that the statements made in
the foregoing pleading are true and correct 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, NATIONAL ASSOCIATION
Date: ~{ lz6 ~o) By: ~!
Eric D. Krimmel
Vice President
.~
t18 all a a A n r
U.S. Small Business Administration
NOTE
SBA Loan # PLP 90811140-06
SBA Loan Name PAV, Inc. d/b/a Uni-Mart
Date - ! ~ 0,~
Loan Amount 994,000.00
Interest Rate The initial rate is fixed at 8.75%; thereafter floating at WSJ Prime plus 2.25%.
Borrower PAV, Inc. d/b/a Uni-Mart
Operating
Company
Lender PNC Bank, N. A.
I. PROMISE TO PAY:
In return for the Loan, Borrower promises to pay to the order of Lender the amount of
Nine Hundred and Ninety-Four Thousand---,---- ----------_-00/100 Dollars,
interest on the unpaid principal balance, and all other amounts required by this Note.
2. DEFINITIONS:
"Collateral" means any property taken as security for payment of this Note or any guarantee of this Note.
"Guarantor" means each person or entity that signs a guarantee of payment of this Note.
"Loan" means the loan evidenced by this Note.
"Loan Documents" means the documents related to this loan signed by Borrower, any Guarantor, or anyone who
pledges collateral.
"SBA" means the Small Business Administration, anAgency of the United States of America.
SBA Form 147 (08/03/02) Version 4.1
Page 1/8
Bankers Systems, Inc., St. Cloud, MN
3. PAYMENT TERMS:
Borrower must make all payments at the place Lender designates. The payment terms for this Note are:
This Note will mature in 10 years from date of Note.
The interest rate on this Note will fluctuate. The initial interest rate is 8.75% per year. This initial rate is the prime
rate on the date SBA received the loan application, plus 2.25%. The initial interest rate must remain in effect until
the first change period begins.
Borrower must pay principal and interest payments of $12,457.48 every month, beginning one month from the
month this Note is dated; payments must be made on the first calendar day in the months they are due.
Lender will apply each installment payment first to pay interest accrued to the day Lender receives the payment,
then to bring principal current, then to pay any late fees, and will apply any remaining balance to reduce the principal.
The interest rate will be adjusted quarterly (the "change period").
The "Prime Rate" is the prime rate in effect on the first business day of the month in which an interest rate change
occurs, as published in the Wall Street Journal on the next business day.
The adjusted interest rate will be 2.25% above the Prime Rate. Lender will adjust the interest rate on the first
calendar day of each change period. The change in interest rate is effective on that day whether or not Lender gives
Borrower notice of the change.
Lender must adjust the payment amount at least annually as needed to amortize principal over the remaining term
of the note.
If SBA purchases the guaranteed portion of the unpaid principal balance, the interest rate becomes fixed at the rate
in effect at the time of the earliest uncured payment default. If there is no uncured payment default, the rate
becomes fixed at the rate in effect at the time of purchase.
Notwithstanding any provision in this Note to the contrary:
Borrower may prepay this Note. Borrower may prepay 20 percent or less of the unpaid principal balance at any time
without notice. If Borrower prepays more than 20 percent and the Loan has been sold on the secondary market,
Borrower must: (a.) Give Lender written notice; (b.) Pay all accrued interest; and (c.) If the prepayment is received
less than 21 days from the date Lender receives the notice, pay an amount equal to 21 days' interest from the date
Lender receives the notice, less any interest accrued during the 21 days and paid under subparagraph b., above. If
Borrower does not prepay within 30 days from the date Lender receives the notice, Borrower must give Lender a
new notice.
All remaining principal and accrued interest is due and payable 10 years from date of Note.
Late Charge: If a payment on this Note is more than 10 days late, Lender may charge Borrower a late fee of up to
5% of the unpaid portion of the regularly scheduled payment.
SBA Form 147 (08/03/02) Version 4.1 Page ZB
Bankers Systems, Inc., St. Cloud, MN
4. DEFAULT:
Borrower is in default under this Note if Borrower does not make a payment when due under this Note, or if Borrower
or Operating Company:
A. Fails to do anything required by this Note and other Loan Documents;
B. Defaults on any other loan with Lender;
C. Does not preserve, or account to Lender's satisfaction for, any of the Collateral or its proceeds;
D. Does not disclose, or anyone acting on their behalf does not disclose, any material fact to Lender or SBA;
E. Makes, or anyone acting on their behalf makes, a materially false or misleading representation to Lender or SBA;
F. Defaults on any loan or agreement with another creditor, if Lender believes the default may materially affect
Bonower's ability to pay this Note;
G. Fails to pay any taxes when due;
H. Becomes the subject of a proceeding under any bankruptcy or insolvency law;
I. Has a receiver or liquidator appointed for any part of their business or property;
J. Makes an assignment for the benefit of creditors;
K. Has any adverse change in financial condition or business operation that Lender believes may materially affect
Borrower's ability to pay this Note;
L. Reorganizes, merges, consolidates, or otherwise changes ownership or business structure without Lender's prior
written consent; or
M. Becomes the subject of a civil or criminal action that Lender believes may materially affect Borrower's ability to
pay this Note.
5. LENDER'S RIGHTS IF THERE IS A DEFAULT:
Without notice or demand and without giving up any of its rights, Lender may:
A. Require immediate payment of all amounts owing under this Note;
B. Collect all amounts owing from any Borrower or Guarantor;
C. File suit and obtain judgment;
D. Take possession of any Collateral; or
E. Sell, lease, or otherwise dispose of, any Collateral at public or private sale, with or without advertisement.
6. LENDER'S GENERAL POWERS:
Without notice and without Borrower's consent, Lender may:
A. Bid on or buy the Collateral at its sale or the sale of another lienholder, at any price it chooses;
B. Incur expenses to collect amounts due under this Note, enforce the terms of this Note or any other Loan
Document, and preserve or dispose of the Collateral. Among other things, the expenses may include payments
for property taxes, prior liens, insurance, appraisals, environmental remediation costs, and reasonable attorney's
fees and costs. If Lender incurs such expenses, it may demand immediate repayment from Borrower or add the
expenses to the principal balance;
C. Release anyone obligated to pay this Note;
D. Compromise, release, renew, extend or substitute any of the Collateral; and
E. Take any action necessary to protect the Collateral or collect amounts owing on this Note.
SBA Form 147 (08/03!02) Version 4.1 Page 3/8
Bankers Systems, Inc., St. Cloud, MN
r
7. WHEN FEDERAL LAW APPLIES:
When SBA is the holder, this Note will be interpreted and enforced under federal law, including SBA regulations.
Lender or SBA may use state or local procedures for filing papers, recording documents, giving notice, foreclosing
liens, and other purposes. By using such procedures, SBA does not waive any federal immunity ftom state or local
control, penalty, tax, or liability. As to this Note, Borrower may not claim or assert against SBA any local or state law
to deny any obligation, defeat any claim of SBA, or preempt federal law.
8. SUCCESSORS AND ASSIGNS:
Under this Note, Borrower and Operating Company include the successors of each, and Lender includes its successors
and assigns.
9. GENERAL PROVISIONS:
A. All individuals and entities signing this Note are jointly and severally liable.
B. Borrower waives all suretyship defenses.
C. Borrower must sign all documents necessary at any time to comply with the Loan Documents and to enable
Lender to acquire, perfect, or maintain Lender's liens on Collateral.
D. Lender may exercise any of its rights separately or together, as many times and in any order it chooses. Lender
may delay or forgo enforcing any of its rights without giving up any of them.
E. Borrower may not use an oral statement of Lender or SBA to contradict or alter the written terms of this Note.
F. If any part of this Note is unenforceable, all other parts remain in effect.
G. To the extent allowed by law, Borrower waives all demands and notices in connection with this Note, including
presentment, demand, protest, and notice of dishonor. Borrower also waives any defenses based upon any claim
that Lender did not obtain any guarantee; did not obtain, perfect, or maintain a lien upon Collateral; impaired
Collateral; or did not obtain the fair market value of Collateral at a sale.
SBA Form 147 (08/03/02) Version 4.1
Page 4/8
Bankers Systems, Inc., St. Cloud, MN
r
10. STATE-SPECIFIC PROVISIONS:
PA CONFESSION OF JUDGMENT
1. POWER TO CONFESS JUDGMENT. UNDERSIGNED HEREBY EMPOWERS ANY ATTORNEY OF ANY
COURT OF RECORD, AT ANY TIME AFTER THE OCCURRENCE OF ANY EVENT OF DEFAULT HEREUNDER, TO
APPEAR FOR THE UNDERSIGNED AND, WITH OR WITHOUT COMPLAINT FILED, CONFESS JUDGMENT, OR A
SERIES OF JUDGMENTS, AGAINST THE UNDERSIGNED IN FAVOR OF THE LENDER OR ANY HOLDER
HEREOF FOR THE ENTIRE PRINCIPAL BALANCE OF THIS NOTE, ALL ACCRUED INTEREST AND ALL OTHER
AMOUNTS DUE HEREUNDER, TOGETHER WITH COSTS OF SUIT AND AN ATTORNEY'S COMMISSION OF 10%
OF SUCH PRINCIPAL AND INTEREST ADDED AS A REASONABLE ATTORNEY'S FEE, AND FOR DOING SO,
THIS NOTE OR A COPY VERIFIED BY AFFIDAVIT SHALL BE A SUFFICIENT WARRANT. THE UNDERSIGNED
HEREBY FOREVER WAIVES AND RELEASES ALL ERRORS IN SAID PROCEEDINGS AND ALL RIGHTS OF
APPEAL AND ALL RELIEF FROM ANY AND ALL APPRAISEMENT, STAY OR EXEMPTION LAWS OF ANY STATE
NOW IN FORCE OR HEREAFTER ENACTED.
JUDGMENT MAY BE CONFESSED FROM TIME TO TIME UNDER THE AFORESAID POWER TO CONFESS
JUDGMENT AND NO SINGLE EXERCISE OF THE FOREGOING POWER TO CONFESS JUDGMENT, OR A SERIES
OF JUDGMENTS, SHALL BE DEEMED TO EXHAUST THE POWER, WHETHER OR NOT ANY SUCH EXERCISE
SHALL BE HELD BY ANY COURT TO BE INVALID, VOIDABLE, OR VOID, BUT THE POWER SHALL CONTINUE
UNDIMINISHED AND IT MAY BE EXERCISED FROM TIME TO TIME AS OFTEN AS THE LENDER SHALL ELECT
UNTIL SUCH TIME AS THE LENDER SHALL HAVE RECEIVED PAYMENT IN FULL OF THE DEBT, INTEREST,
COSTS AND FEES.
2. Governing Law; Jurisdiction. This Note will be interpreted and the rights and liabilities of the parties hereto
determined in accordance with the laws of the Commonwealth of Pennsylvania, excluding its conflict of laws rules.
The Undersigned hereby irrevocably consents to the exclusive jurisdiction of the Courts of Common Pleas of the
Commonwealth of Pennsylvania and the United States District Court for the Middle District of Pennsylvania; provided
that nothing contained in this Note will prevent the Lender or any holder hereof from bringing any action, enforcing any
award or judgment or exercising any rights against the Undersigned, against any security or against any property of
the Undersigned within any other county, state or other foreign or domestic jurisdiction. The Undersigned agrees that
the venue provided above is the most convenient forum for both the Lender and the Undersigned and the Undersigned
waives any objection to venue and any objection based on a more convenient forum in any action instituted under this
Note. The Undersigned agrees that service of process in any such proceeding may be duly effected upon the
Undersigned by mailing a copy thereof by registered mail, postage prepaid, to the Undersigned.
3. WAIVER OF JURY TRIAL. THE UNDERSIGNED IRREVOCABLY WAIVES ANY AND ALL RIGHTS THE
UNDERSIGNED MAY HAVE TO A TRIAL BY JURY IN ANY ACTION, PROCEEDING OR CLAIM OF ANY NATURE
RELATING TO THIS NOTE, ANY DOCUMENTS EXECUTED IN CONNECTION WITH THIS NOTE OR ANY
TRANSACTION CONTEMPLATED IN ANY OF SUCH DOCUMENTS. THE UNDERSIGNED ACKNOWLEDGES THAT
THE FOREGOING WAIVER IS KNOWING AND VOLUNTARY.
SBA Form 147 (06/03/02) Version 4.1
Page 5/6
Bankers Systems, Inc., St. Cloud, MN
11. BORROWER'S NAME(S) AND SIGNATURE(S):
By signing below, each individual or entity becomes obligated under this Note as Borrower.
PAV, Inc. d/b/a Uni-Mart
Vicki McFee, President
-0~
SBA Form 147 (08/03/02) Version 4.1
Page 8!8
Bankers Systems, Inc., St. Cloud, MN
#32217021-602631631 PNC ~A~
Amendment to US Small Business
Administration Note
THIS AMENDMENT TO US SMALL BUSINESS ADMINISTRATION NOTE (this "Amendment") is made as
of April 18, 2006, by and between PAV INC. DBA UNI-MART (the "Borrower"), and PNC BANK, NATIONAL
ASSOCIATION (the "Bank").
BACKGROUND
A. The Borrower has executed and delivered to the Bank (or a predecessor which is now known by the Bank's name
as set forth above), a US Small Busine ctAem~assamended from hi ne~to t mef the aLoan Document ") whhchlevdencles or
made a part of this Amendment (cone y
secures some or all of the Borrower's obligations to the Bank for one or more loans or other extensions of credit (the
"Obligations").
B. The Borrower and the Bank desire to amend the Loan Docwnents as provided for in this Amendment.
NOW, THEREFORE, in consideration of the mutual covenants herein contained and intending to be legally bound
hereby, the parties hereto agree as follows:
1. Certain of the Loan Documents are amended as set forth in Exhibit A. Any and all references to any Loan
Document in any other Loan Document shall be deemed to refer to such Loan Document as amended by this Amendment.
This Amendment is deemed incorporated into each of the Loan Documents. Any initially capitalized terms used in this
Amendment without definition shall have the meanings assigned to those terms in the Loan Documents. To the extent that
any term or provision of this Amendment is or may be inconsistent with any term or provision in any Loan Document, the
terms and provisions of this Amendment shall control.
2. The Ba-rower hereby certifies that: (a) all of its representations and warranties in the Loan Documents, as
amended by this Amendment, are, except as may otherwise be stated in this Amendment: (i) true and correct as of the date of
this Amendment, (ii) ratified and confirmed without condition as if made anew, and (iii) in~coipor of noti~et olr h h nwould
by reference, (b) no Event of Default or event which, with the passage of time or the b g
constitute an Event of Default, exists under any Loan Document which will not be cured by the execution and effectiveness
of this Amendment, (c) no consent, approval, order or authorization of, or registration or filing with, any third party is
required in connection with the execution, delivery and can•ying out of this Amendment or, if required, has been obtained,
and (d) this Amendment has been duly authorized, executed and delivered so that it constitutes the legal, valid and binding
obligation of the Borrower, enforceable in accordance with its terms. The Borrower confirms that the Obligations remain
outstanding without defense, set off, counterclaim, discount or charge of any kind as of the date of this Amendment.
liens, security interests,
;. The Borrower hereby confirms that any collateral for the Obligations, including
mortgages, and pledges granted by the Borrower or third parties (if applicable), shall continue unimpaired and in frill force
and effect, and shall cover and secure all of the Borrower's existing and fi~hire Obligations to the Bank[, as modified by this
Amendment].
4. As a condition precedent to the effectiveness of this Amendment, the Borrower shall comply with the terms and
conditions (if any) specified in Exhibit A.
5. This Amendment may be signed in any number of counterpart copies and by the parties to this Amendment on
separate counterparts, but all such copies shall constitute one and the same instrument. Delivery of an executed counterpart
of a signature page to this Amendment by facsimile transmission shall be effective as delivery of a manually executed
counterpart. Any party so executing 11e~ to 1donsdo shalblynoacsaffect tthesvalid ty of lthe'~tounte part e'xecut d by facsim le
counterpart, provided that any fath
trransmission.
Form 17A -Multistate Rev. 3/99
6. This Amendment will be binding upon and inure to the benefit of the Borrower and the Bank and their respective
heirs, executors, administrators, successors and assigns.
7. This Amendment has been delivered to and accepted by the Bank and will be deemed to be made in the State
where the Bank's office indicated in the Loan Documents is located. This Amendment will be interpreted and the rights and
liabilities of the parties hereto determined in accordance with the laws of the State where the Bank's office indicated in the
Loan Documents is located, excluding its conflict of laws rules.
8. Except as amended hereby, the terms and provisions of the Loan Documents remain unchanged, are and shall
remain in full force and effect unless and until modified or amended in writing in accordance with their terms, and are
hereby ratified and confirmed. Except as expressly provided herein, this Amendment shall not constitute an amendment,
waiver, consent or release with respect to any provision of any Loan Document, a waiver of any default or Event of Default
under any Loan Document, or a waiver or release of any of the Bank's rights and remedie ltcable antdhwaivereof jury traal
The Borrower expressly ratifies and confirms the confession of judgment (if app ' )
provisions contained in the Loan Documents.
WITNESS the due execution of this Amendment as a document under seal as of the date first
written above.
WITNESS /ATTEST:
~ --
s
Print Name: ~;~X/1 / ~~ f (NS7~
Title:
(Include title only if an officer of entity signing to the right)
PAV INC.
DBA U ART
By. •`' (SEAL)
Vickie McFee
President
PNC BANK. NATIONAL ASSOCIATION
By: ~ S )
Print Name: ~~" ~°°%' " ~~'f
Title: ~/~~
_ ~ _ Form 17A -Multistate Rev. 3/99
EXHIBIT A TO
AMENDMENT TO LOAN DOCUMENTS
DATED APRIL 1 S, 2006
A. The "Loan Documents" that are the subject of this Amendment include the following (as any of the
foregoing have previously been amended, modified or otherwise supplemented):
1. US Small Business Administration Note dated August 19, 2005 in the original principal
amount of $994,000.00 (the "Note").
2. All other documents, instruments, agreements, and certificates executed and delivered in
connection with the Loan Documents listed in this Section A.
B. The Loan Documents are amended as follows:
The Note is hereby amended by extending a three (3) month principal deferment on the
outstanding principal balance as of May 1, 2006.
The repayment schedule is hereby modified as defined below:
"The interest rate on this Note will fluctuate. The initial interest rate is 8.75% per year. This initial
rate is the prime rate on the date the SBA received the loan application, plus 2.25%. The initial
interest rate must remain in effect until the first change period.
Commencing on August 1, 2006, B e on the first calendarlday n the months they are du8.06
every month, payments must be mad
Lender will apply each installment payment first to pay interest accreted to the day Lender receives
the payment, then to bring principal current, then to pay any late fees, and will apply any remaining
balance to reduce principal.
The interest rate will be adjusted quarterly (the "change period").
The "Prime Rate" is the prime rate in effect on the first business day of the month in which an
interest rate change occurs, as peiblished in the Wall Street Journal on the next business day.
The adjusted interest rate will be 2.25% above the Prime Rate. Lender will adjust the interest rate
on the first calendar day of each-change period. The change in interest rate is effective on that day
whether or not Lender gives Borrower notice of the change. The initial interest rate must remain in
effect until the first change period begins.
Lender must adjust the payment amount at least annually as needed to amortize principal over the
remaining term of this-Note.
If SBA purchases the guaranteed portions of the unpaid principal balance, the interest rate becomes
fixed at the rate in effect at the time of the earliest uncured payment default. If there is no unewed
payment default, the rate becomes fixed at the rate in effect at the time of purchase.
_ ~ _ Form 17A -Multistate Rev. 3/99
All remaining principal and accrued interest is due and payable 10 years from the date of
Note.
Late Charge: If payment on this Note is more than 10 days late, Lender may charge Borrower a
late fee of up to 5% of the unpaid portion of the regularly scheduled payment."
C. Conditions to Effectiveness of Amendment: The Bank's willingness to agree to the amendments set
forth in this Amendment are subject to the prior satisfaction of the following conditions:
1. This Amendment to Loa ~ Do~ol h St Amendmentt to Loanl DocumentB duly executed by all
2. The Consent of Guaran
Guarantors.
_ 4 _ Form 17A -Multistate Rev. 3199
CONSENT OF GUARANTOR
Each of the undersigned guarantors (jointly and severally if more than one, the "Guarantor")
consents to the provisions of the foregoing Amendment (the "Amendment") and all prior amendments
(if any) and confirms and agrees that: (a) the Guarantor's obligations under its US Small Business
Administration Guaranty dated August 19, 2005 (collectively if more than one, the "Guaranty"),
relating to the Obligations mentioned in the Amendment, shall be unimpaired by the Amendment; (b)
the Guarantor has no defenses, set offs, counterclaims, discounts or charges of any kind against the
Bank, its officers, directors, employees, agents or attorneys with respect to the Guaranty; and (c) all of
the terms, conditions and covenants in the Guaranty remain unaltered and in full force and effect and are
hereby ratified and confirmed and apply to the Obligations, as modified by the Amendment. The
Guarantor certifies that all representations and warranties made in the Guaranty are true and correct.
The Guarantor hereby confirms that any collateral for the Obligations, including liens, security
interests, mortgages, and pledges granted by the Guarantor or third parties (if applicable), shall continue
unimpaired and in frill force and effect, shall cover and secure all of the Guarantor's existing and future
Obligations to the Bank, as modified by this Amendment.
The Guarantor ratifies and confirms the indemnification, confession of judgment (if
applicable) and waiver of jury trial provisions contained in the Guaranty.
WITNESS the due execution of this Consent as a document Linder seal as of the date of this
Amendment, intending to be legally bound hereby.
WITNESS /ATTEST:
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Print Name: V/',~ l tiJ~:ftti~~T~"'~
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Print Name: V ~~ ~ ~1 ~~`'~~'~
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Print Name: ~`l t~-~ f ~-~L~ rl ~`}~' ~~
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(SEAL)
Pinalkum r Patel n
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Kiran Pa 1
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Vicki McFee
_ 5 _ Form l7A -Multistate Rev. 3/9y
Disclosure for Confession of Judgment
Undersigned: PAV, INC.
DBA U1QI -MART
21 SOUTH RAILROAD STREET
Ht]NIIKELSTOpVN', PA. 17036
Lender: PNC BANK, NATIONAL ASSOCIATION
8800 TINICUM BOULEVARD
PHILADELPHIA, PA 19153
PNC ]~t~~T I[~
The undersigned has executed, and/or is executing, on or about the date hereof, the following document(s) under which
the undersigned is obligated to repay monies to Lender:
U.S. Small Business Administration Note.
A. THE UNDERSIGNED ACKNOWLEDGES AND AGREES THAT THE ABOVE DOCUMENTS CONTAIN PROVISIONS UNDER
W HICH LENDER MAY ENTER JUDGMENT BY CONFESSION AGAINST THE UNDERSIGNED. BEING FULLY AWARE OF I1'S RIGHTS TO
PRIOR NOTICE AND A HEARING ON THE VALIDrfY OF ANY JUDGMENT OR OTHER CLAIMS THAT MAY BE ASSERTED AGAINST IT BY
LENDER THEREUNDER BEFORE JUDGMENT IS ENTERED, THE UNDERSIGNED HEREBY FREELY, KNOWINGLY AND INTELLIGENTLY
WAIVES THESE RIGHTS AND EXPRESSLY AGREES AND CONSENTS TO LENDER'S ENTERING JUDGMENT AGAINST IT BY
CONFESSION PURSUANT TO THE TERMS THEREOF.
B. THE UNDERSIGNED ALSO ACKNOWLEDGES AND AGREES THAT THE ABOVE DOCUMENTS CONTAIN PROVISIONS
UNDER WHICH LENDER MAY, AFTER ENTRY OF JUDGMENT AND WITHOUT EITHER NOTICE OR A HEARING, FORECLOSE UPON,
ATTACH, LEVY, TAKE POSSESSION OF OR OTHERWISE SEIZE PROPERTY OF THE UNDERSIGNED IN FULL OR PARTIAL PAYMENT OF
THE JUDGMENT. BEING FULLY AWARE OF I7'S RIGHTS AFTER JUDGMENT IS ENTERED (INCLUDING THE RIGHT TO MOVE TO
OPEN OR STRIKE THE JUDGMENT), THE UNDERSIGNED HEREBY FREELY, KNOWINGLY AND INTELLIGENTLY WAIVES ITS RIGHTS
TO NOTICE AND A HEARING AND EXPRESSLY AGREES AND CONSENTS TO LENDER'S TAKING SUCH ACTIONS AS MAY BE
PERMITTED UNDER APPLICABLE STATE AND FEDERAL LAW WITHOUT PRIOR NOTICE TO THE UNDERSIGNED.
C. The undersigned certifies that a representative of Lender specifically called the confession of judgment provisions in
the above documents to the attention of the undersigned, and/or that the undersigned was represented by legal counsel in
connection with the above documents.
D. The undersigned hereby certifies: that its annual income exceeds $10,000; that all references to Athe undersigned=
above refer to all persons and entities signing below; and that the undersigned received a copy hereof at the time of signing.
Dated: - -~1=>
PAV, INC.
DBA UNI- ART
By: ~
Vicki McFee, President
PNC BANK, NATIONAL ~"UCIATION
4242 Carlisle Pike
Camp Hill, PA 17011
E-mail: eric.krimmel~u,pnc.com
PNCBANK
Certified Mail
February 13, 2007
Ms. Vicki L. McFee, President
PAV, Inc. d/b/a Uni-Mart
21 S. Railroad Street
Hummelstown, PA 17036
Mr. Aijaz Shaikh
1958 Spring Road
Carlisle, PA 17013
Mr. Pinal Patel a/k/a Pinalkumar Patel
6160 Springford Drive, Apt. D4
Harrisburg, PA 17111
In re: PAV, Inc. d/b/a Uni-Mart ("PAV")
Obligor/Obligation Nos.: 3ZZ17021-602631631(5994,000 Loan)
Dear PAV, Inc. d/b/a Uni-Mart:
Dear Ms. McFee:
Dear Mr. Shaikh:
Dear Mr. Patel:
`~ Eric D. Krimmel
`~_ Vice President
(717) 730-2492 Tel
(717) 730-2373 Fax
As you know, you are obligated to PNC Bank, National Association ("PNC") for the above-referenced loan account
(the "Loan', as evidenced by a certain Note, Loan Agreements, Guarantees, 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: (1) pay the December
1, 2006, January 1, 2007 and February 1, 2007 loan payments, and (2) provide PNC with proof of adequate
insurance coverage.
The above items constitute Events of Default under the Loan and Loan Documents.
As a result of the above Events of Default, all liabilities and obligations under the Loan and Loan Documents have
been accelerated and all liabilities and obligations under the Loan and Loan Documents are immediately due and
payable to PNC. As of this date the amount due under the Loan and Loan Documents are as follows:
Obligor/Obligation Nos.• 32217021-602631631 (5994 000 Loan)
Principal x946,240.24
Interest to 2/13/07 28,380.21
Late charges 2.667.01
Total x977,287.46, plus satisfaction fees.
Member of The PNC Financial Services Oroup
4242 Carlisle Pike Camp Hill Pennsylvania 17011
www.pnc.com
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1
Ms. Vicki L. McFee, President
PAV, Inc. d/b/a Uni-Mart
February 13, 2007
Page 2
Please be advised that unless payment in full is immediately delivered to PNC 4242 Carlisle Pike, Camp Hill, PA
17011, in immediately available funds via wire transfer or cashier's check, 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.
No forbearance, delay or inaction by us in the exercise of our rights and remedies, and no continuing performance
by us or you under the Loan: (a) shall constitute: (i) a modification or as alteration of the terms, conditions or
covenants of the documents evidencing the Loan or any related Loan Documents, all of which remain in full force
and effect; or (ii) a waiver, release or limitation. upon our exercise of any of its rights and remedies thereunder, all of
which are horeby expressly reserved; or (b) shall relieve or release you or any guarantor in any way from any of
your respective duties, obligations, covenants or agreements under the Loan Documents or from the consequences of
the Defaults described above or any other Default thereunder. We are not obligated to waive the Defaults described
above or any other Defaults, whether now existing or which may occur after the date of this letter.
Very truly yours,
PNC Bank, National Association
Eric D. Krimmel
Vice President
Certified Mail Nos.: 7099 3400 0013 3801 5926
7099 3400 0013 3801 5933
7099 3400 0013 3801 6008
cc: Regular Mail
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COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION
PNC BANK, NATIONAL ASSOCIATION, DOCKET NO. 0 7- ~~~~ ~~ ~-~-~
Plaintiff
v. :CONFESSION OF JUDGMENT
PAV, INC., DB/A UNI-MART,
Defendant :PREVIOUSLY ASSIGNED TO: N/A,
AFFIDAVIT OFNON-MILITARY SERVICE
TO THE PROTHONOTARY:
I do certify, to the best of my knowledge, that Defendant, PAV, Inc., d/b/a Uni-Mart, in the
above-captioned action is not presently on active or nonactive military status.
Respectfully submitted,
McNees Wallace & Nurick LLC
Date: April~~, 2007 By:
G ffre S. Shuff, Esquire
upr e Court ID #24848
100 Pine Street, PO Box 1166
Harrisburg, PA 17108-1166
(717) 237-5439
Attorneys for Plaintiff
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COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION
PNC BANK, NATIONAL ASSOCIATION,
Plaintiff
DOCKET NO. d ~ ` ~ ~ ~D C~.~! T.e«.
v.
PAV, INC., DB/A UNI-MART,
Defendant
CONFESSION OF JUDGMENT
PREVIOUSLY ASSIGNED TO: N/A
CERTIFICATE OF ADDRESSES
I hereby certify that the precise address of Plaintiff, PNC Bank, National Association, is
4242 Carlisle Pike, Camp Hill, PA 17011; and that the last known address of Defendant, PAV, Inc.,
d/b/a Uni-Mart, is c/o Vicki L. McFee, President, 21 South Railroad Street, Hummelstown, PA
17036.
Respectfully submitted,
McNees Wallace & Nurick LLC
Date: April /v 2007 By:
y . Shuff, Esquire
Suprem Court ID #24848
100 Pine Street, PO Box 1166
Harrisburg, PA 17108-1166
(717) 237-5439
Attorneys for Plaintiff
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COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CNIL ACTION
PNC BANK, NATIONAL ASSOCIATION,
Plaintiff
v.
PAV, INC., DB/A UNI-MART,
Defendant
DOCKET NO. ~ ~" '~~~ a C ``?`~ `L"
CONFESSION OF JUDGMENT
PREVIOUSLY ASSIGNED TO: N/A
NOTICE UNDER RULE 2958.1
OF JUDGMENT AND EXECUTION THEREON
NOTICE OF DEFENDANT'S RIGHTS
TO: PAV, Inc., d/b/a Uni-Mart
A judgment in the amount of $1,095,159.69, plus interest, other expenses, fees and costs 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
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, 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.
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Cumberland County Bar Association
32 South Bedford Street
Cazlisle, PA 17013
(717) 249-3166 or 1-800-990-9108
Respectfully submitted,
McNees Wallace & Nurick LLC
Date: Apri13~ 2007 By:
G uff, Esquire
Supreme Court 1D #24848
100 Pine Street, PO Box 1166
Harrisburg, PA 17108-1166
(717) 237-5439
Attorneys for Plaintiff
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COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION
PNC BANK, NATIONAL ASSOCIATION, DOCKET NO. ~~ ~'~ ~-~~a ~~ ~~
Plaintiff
v.
CONFESSION OF JUDGMENT
PAV, INC., DB/A UNI-MART,
Defendant :PREVIOUSLY ASSIGNED TO: N/A
PRAECIPE FOR ENTRY OF APPEARANCE
TO THE PROTHONOTARY:
Please enter my appearance on behalf of Plaintiff, PNC Bank, National Association.
Papers maybe served at the address set forth below.
Geoffrey S. Shull, Esquire
McNees Wallace & Nurick LLC
100 Pine Street, PO Box 1166
Harrisburg, PA 17108-1166
(717) 237-5439
Respectfully submitted,
McNees Wallace & Nurick LLC
Date: Apri)~ 2007 By;
G~frey S. huff, Esquire
Supreme ourt ID #24848
100 Pine Street, PO Box 1166
Harrisburg, PA 17108-1166
(717) 237-5439
Attorneys for Plaintiff
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COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CNIL ACTION
PNC BANK, NATIONAL ASSOCIATION, :DOCKET N0.07-2510 Civil Term
Plaintiff
v.
CONFESSION OF JUDGMENT
PAV, INC., DB/A UNI-MART,
Defendant :PREVIOUSLY ASSIGNED TO: N/A
RETURN OF SERVICE PURSUANT TO
PA. R.C.P. No. 2958.1(c)
Plaintiff, PNC Bank, National Association, hereby files this Return of Service and swears
and affirms that the person or persons listed below was or were served pursuant to Pa. R.C.P. No.
2958.1(b) with the Notice of Judgment and Execution Required by Rule 2958.1 by certified mail,
return receipt requested, as provided by Pa. R.C.P. No. 403. A copy of each receipt for certified
mail is attached hereto.
PAV, Inc., d/b/a Uni-Mart
c/o Vicki L. McFee, President
21 South Railroad Street
Hummelstown, PA 17036
Respectfully submitted,
McNees Wallace & Nurick LLC
Date: May g 2007 By:
off, Esquire
ID #24848
100 Pine Street, PO Box 1166
Harrisburg, PA 17108-1166
(717) 237-5439
Attorneys for Plaintiff
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3. Service Type CER71flEO tiAA1L
4. Restricted Delivery? (Extra Fee) [Yes
1. ArtiGe Addressed to:
PAV, Inc., d/b/a Uni-Malt
c/o Vicki L. McFee, President
2 ] South Railroad Street
Hummelstown, PA 17036
A. Received M (Phase Print Cleary) B. of ry
C. $ re •
^ Agent.
D. Is delivery address rent from item 1? ^ 1(ea
If YES, enter delhrery address bebw: ^ No
PNC Bank
Geoffrey S. Shuff
PS Form 3811, January 2005 Domestic Return Receipt
7160 3901 9849 9718 4763
Tp• PAV, Inc., d/bia Uni-Mart
• c/o Vicki L. McFee, President
21 South Railroad Street
j Hummelstown, PA 17036 .
• SENDER: Geoffrey S. Shuff
REFERENCE: PNC Bank
PS Form 3800 Jenua 2005
• ', RETURN Postage 7j
RECEIPT ~~~ Fee Q
1 SERVICE
Aetum Receipt Fee
Restricted Delivery
' Total Postage & Fees ~
US Po8t81 Sen+ks S7~1RK 0
Receipt for `~~ ~
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