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HomeMy WebLinkAbout07-4327k COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION PNC BANK, NATIONAL ASSOCIATION, DOCKET NO. ~'T - ~3d 7 Ccv-' l -Te!'~ Plaintiff v. :CONFESSION OF JUDGMENT JAVED AKHTAR AND ADILLA AKHTAR, Defendants :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 Defendants and confess judgment in favor of the Plaintiff and against the Defendants as follows: a. Principal $550,000.00 b. Interest to July 10, 2007 $ 30,777.40 c. Late Charges $ 1,570.14 d. UCC Search Fees $ 143.00 e. Attorneys' Fees 5R,~77 74 TOTAL: $640,568.28, plus interest, other expenses, fees and costs Respectfully submitted, McNees Wallace & Nurick LLC Date: July, 2007 By: otfi~ h ,Esquire e Co ID #24848 100 Pine Str et, PO Box 1166 Harrisbur PA 17108-1166 (717) 237-5439 Attorneys for Plaintiff t~ -b~- ~~ C , ~-- tk ~It ~ ~ - --a ..C ~ _. W ` ' ~:.~ ~ ~ ~~ ~~ `, ~- ~~-: . n~ ~.~ . ~ ~. COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION PNC BANK, NATIONAL ASSOCIATION, DOCKET NO. Plaintiff v. :CONFESSION OF JUDGMENT JAVED AKHTAR AND ADILLA AKHTAR, Defendants :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 201 Penn Avenue, Scranton, PA 18503 (the "Plaintiff') 2. The Defendants, Javed Akhtar and Adilla Akhtar, are adult individuals whose last known address is 19 East Pine Street, Mahanoy City, PA 17948 (the "Defendants") 3. The Defendants executed and delivered to the Plaintiff a U.S. Small Business Administration Unconditional Guazantee (the "Guazantee"), a true and correct photostatic reproduction of the original of which is attached hereto as Exhibit "A" and made a part hereof. 4. Under the Guarantee, the Defendants guazanteed to the Plaintiff the payment of all amounts due to the Plaintiff by Mahanoy City Food Mart, LLC, dba Uni-Mart (the "Debtor") under a U.S. Small Business Administration Note dated May 6, 2005, in the original principal amount of Six Hundred Sixty Thousand Dollars ($660,000) (the "Note"), a true and correct photostatic reproduction of the original of which are attached hereto as Exhibit "B" and made a part hereof. 5. The Defendants executed and delivered to the Plaintiff a Disclosure for Confession of Judgment (the "Disclosure for Confession"), a true and correct photostatic reproduction of the original of which is attached hereto as Exhibit "C" and made a part hereof. 6. The Debtor is in default of the Debtor's obligations to make payment to the Plaintiff as required in the Note and the Defendants are in default of the Defendants' obligations to make payment to the Plaintiff under the Guarantee. As a result of the Debtor's and the Defendants' defaults, the Plaintiff has demanded payment of all outstanding amounts as provided in the Note, which are now due and payable in full. A copy of the Plaintiffs demand dated June 8, 2007, is attached hereto as Exhibit "D" and made a part hereof. 7. Judgment is not being entered by confession against a natural person in connection with a consumer credit transaction. 8. There has not been any assignment of the Guarantee or the Note. 9. Judgment has not been entered on the Guarantee in any jurisdiction. 10. An itemized computation of the amount due to the Plaintiff by the Defendants as a result of the Defendants' defaults under the Guarantee is as follows: a. Principal $550,000.00 b. Interest to July 10, 2007 $ 30,777.40 c. Late Charges $ 1,570.14 d. UCC Search Fees $ 143.00 e. Attorneys' Fees SR 077.74 TOTAL DUE: $640,568.28 11. Interest continues to accrue at a rate equal to the Prime Rate published in the Wall Street 7rn~rnal, plus two and one-half percent (2.50%), adjusted monthly. WHEREFORE, Plaintiff, PNC Bank, National Association, demands judgment against the Defendants, Javed Akhtar and Adilla Akhtar, in the amount of Six Hundred Forty Thousand Five ~i Hundred Sixty-Eight and 28/100 Dollars ($640,568.28), plus interest at a rate equal to the Prime Rate published in the Wall Street _Trn,rnal, plus two and one-half percent (2.50%), adjusted monthly, 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: July~i~2007 By: Geo )S!' uff, Esquire eme urt ID #24848 100 Pine treet, PO Box 1166 Harrisburg, PA 17108-1166 (717) 237-5439 Attorneys for Plaintiff '4 ~' COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION PNC BANK, NATIONAL ASSOCIATION, :DOCKET NO. Plaintiff . v :CONFESSION OF JUDGMENT JAVED AKHTAR AND ADILLA AKHTAR, Defendants :PREVIOUSLY ASSIGNED TO: N/A VERIFICATION I, Kyra E. Zoranski, Assistant 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: ~ - u I 4• os ~~ Nt tlmin r InM U.S. Small Business Administration UNCONDITIONAL GUARANTEE SBA Loan # PLP 88324240-02 SBA Loan Name MAHANOY CITY FOOD MART, LLC DBA UNI-MART Guarantor JAVED AKHTAR ADILLA AKHTAR Borrower MAHANOY CITY FOOD MART, LLC DBA UNI-MART Lender PNC Bank, National Association Date ~G _. ~ fj Note Amount 660,000.00 1. GUARANTEE: Guarantor unconditionally guarantees payment to Lender of all amounts owing under the Note. This Guarantee remains in effect until the Note is paid in full. Guarantor must pay all amounts due under the Note when Lender makes written demand upon Guarantor. Lender is not required to seek payment from any other source before demanding payment from Guarantor. 2. NOTE: The "Note" is the promissory note dated ~~" ~ - ~~ ~ in the principal amount of SIX HUNDRED SIXTY THOUSAND -------- ----- Dollars, from Borrower to Lender. It includes any assumption, renewal, substitution, or replacement of the Note, and multiple notes under a line of credit. 3. DEFINITIONS: "Collateral" means any property taken as security for payment of the Note or any guarantee of the Note. "Loan" means the loan evidenced by the Note. "Loan Documents" means the documents related to the Loan signed by Borrower, Guarantor or any other guarantor, or anyone who pledges Collateral. "SBA" means the Small Business Administration, anAgency of the United States of America. SBA Form 148 (10198) Previous edkions obsolete. Page 115 Bankers Systems, Inc., St. Cloud, MN X ~n . `o l ` " A~\ ' ~ . f ~. 4. LENDER'S GENERAL POWERS: Lender may take any of the following actions at any time, without notice, without Guarantor's consent, and without making demand upon Guarantor: A. Modify the terms of the Note or any other Loan Document except to increase the amounts due under the Note; B. Refrain from taking any action on the Note, the Collateral, or any guarantee; C. Release any Borrower or any guarantor of the Note; D. Compromise or settle with the Borrower or any guarantor of the Note; E. Substitute or release any of the Collateral, whether or not Lender receives anything in return; F. Foreclose upon or otherwise obtain, and dispose of, any Collateral at public or private sale, with or without advertisement; G. Bid or buy at any sale of Collateral by Lender or any other lienholder, at any price Lender chooses; and H. Exercise any rights it has, including those in the Note and other Loan Documents. These actions will not release or reduce the obligations of Guarantor or create any rights or claims against Lender. 5. FEDERAL LAW: When SBA is the holder, the Note and this Guarantee will be construed 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 from state or local control, penalty, tax, or liability. As to this Guarantee, Guarantor may not claim or assert any local or state law against SBA to deny any obligation, defeat any claim of SBA, or preempt federal law. 6. RIGHTS, NOTICES, AND DEFENSES THAT GUARANTOR WAIVES: To the extent permitted by law, A. Guarantor waives all rights to: 1) Require presentment, protest, or demand upon Borrower; 2) Redeem any Collateral before or after Lender disposes of it; 3) Have any disposition of Collateral advertised; and 4) Require a valuation of Collateral before or aRer Lender disposes of it. B. Guarantor waives any notice of: 1) Any default under the Note; 2) Presentment, dishonor, protest, or demand; 3) Execution of the Note; 4) Any action or inaction on the Note or Collateral, such as disbursements, payment, nonpayment, acceleration, intent to accelerate, assignment, collection activity, and incurring enforcement expenses; 5) Any change in the financial condition or business operations of Borrower or any guarantor; 6) Any changes in the terms of the Note or other Loan Documents, except increases in the amounts due under the Note; and 7) The time or place of any sale or other disposition of Collateral. C. Guarantor waives defenses based upon any claim that: 1) Lender failed to obtain any guarantee; 2) Lender failed to obtain, perfect, or maintain a security interest in any property offered or taken as Collateral; 3) Lender or others improperly valued or inspected the Collateral; 4) The Collateral changed in value, or was neglected, lost, destroyed, or underinsured; SBA Form 148 (10/98) Previous editions obsolete. Page 2/5 Bankers Systems, Inc., St. Cloud, MN r ... 5) Lender impaired the Collateral; 6) Lender did not dispose of any of the Collateral; 7) Lender did not conduct a commercially reasonable sale; 8) Lender did not obtain the fair market value of the Collateral; 9) Lender did not make or perfect a claim upon the death or disability of Borrower or any guarantor of the Note; 10) The financial condition of Borrower or any guazantor was overstated or has adversely changed; 11) Lender made errors or omissions in Loan Documents or administration of the Loan; 12) Lender did not seek payment from the Borrower, any other guarantors, or any Collateral before demanding payment from Guarantor: 13) Lender impaired Guarantor's suretyship rights; 14) Lender modified the Note tenns, other than to increase amounts due under the Note. If Lender modifies the Note to increase the amounts due under the Note without Guarantor's consent, Guarantor will not be liable for the increased amounts and related interest and expenses, but remains liable for all other amounts; 15) Borrower has avoided liability on the Note; of 16) Lender has taken an action allowed under the Note, this Guarantee, or other Loan Documents. 7. DUTIES AS TO COLLATERAL: Guarantor will preserve the Collateral pledged by Guarantor to secure this Guazantee. Lender has no duty to preserve or dispose of any Collateral. 8. SUCCESSORS AND ASSIGNS: Under this Guarantee, Guarantor includes heirs and successors, and Lender includes its successors and assigns. 9. GENERAL PROVISIONS: A. ENFORCEMENT EXPENSES. Guarantor promises to pay all expenses Lender incurs to enforce this Guarantee, including, but not limited to, attorney's fees and costs. B. SBA NOT A CO-GUARANTOR. Guarantor's liability will continue even if SBA pays Lender. SBA is not a co-guarantor with Guarantor. Guarantor has no right of contribution from SBA. C. SUBROGATION RIGHTS. Guarantor has no subrogation rights as to the Note or the Collateral until the Note is paid in full. D. JOINT AND SEVERAL LIABILITY. All individuals and entities signing as Guarantor are jointly and severally liable. E. DOCUMENT SIGNING. Guarantor 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. F. FINANCIAL STATEMENTS. Guarantor must give Lender financial statements as Lender requires. G. LENDER'S RIGHTS CUMULATIVE, NOT WAIVED. Lender may exercise any of its rights separately or together, as many times as it chooses. Lender may delay or forgo enforcing any of its rights without losing or impairing any of them. H. ORAL STATEMENTS NOT BINDING. Guarantor may not use an oral statement to contradict or alter the written terms of the Note or this Guarantee, or to raise a defense to this Guarantee. I. SEVERABILITY. If any part of this Guarantee is found to be unenforceable, all other parts will remain in effect. J. CONSIDERATION. The consideration for this Guarantee is the Loan or any accommodation by Lender as to the Loan. SBA Form 148 (10/98) Previous editions obsdete. Page 3/5 Bankers Systems, Inc., St. Cloud, MN 10. STATE-SPECIFIC PROVISIONS: 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 II 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 GUARANTY, 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 GUARANTY OR A COPY VERIFIED BY AFFIDAVIT SHALL BE A SUFFICIENT WARRANT. THE UNDERSIGNED HEREBY FOREVER WANES 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 MAYBE 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 Guaranty 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 Eastern District of Pennsylvania; provided that nothing contained in this Guaranty 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 Guaranty. 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. 4. 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 GUARANTY, ANY DOCUMENTS EXECUTED IN CONNECTION WITH THIS GUARANTY OR ANY TRANSACTION CONTEMPLATED IN ANY OF SUCH DOCUMENTS. THE UNDERSIGNED ACKNOWLEDGES . THAT THE FOREGOING WAIVER IS KNOWING AND VOLUNTARY. SBA Form 748 (10198) Previous editions obsolete. Page 4/5 Bankers Systems, Inc., St. Cloud, MN 11. GUARANTOR ACKNOWLEDGMENT OF TERMS. Guarantor acknowledges that Guarantor has read and understands the significance of all terms of the Note and this Guarantee, including all waivers. 12. GUARANTOR NAME(S) AND SIGNATURE(S): By signing below, each individual or entity becomes obligated as Guarantor under this Guarantee. Adilla Akhtar .~-G~~f~ SBA Form 148 (10/98) Prevbus edieons obsolete. Page 515 Bankers Systems, Inc., St. Cloud, MN .t, • ,J• ~e ~.. U.S. Small Business Administration NOTE SBA Loan # PLP 88324240-02 SBA Loan Name MAHANOY CITY FOOD MART, LLC DBA UNI-MART Date '`~- •- ,~ Loan Amount 660,000.00 Interest Rate FLOATING AT WSJ PRIME PLUS 2.50% RESULTING IN AN RATE OF 8.25% Borrower MAHANOY CITY FOOD MART, LLC DBA UNI-MART Operating Company Lender PNC Bank, National Association I. PROMISE TO PAY: In return for the Loan, Borrower promises to pay to the order of Lender the amount of SIX HUNDRED SIXTY THOUSAND ---- - interest on the unpaid principal balance, and all other amounts required by this Note. 2. DEFINITIONS: Dollars, "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 (06/03/02) Version 4.1 Page 1/8 Bankers Systems, Inc., St. Cloud, MN L x ~~, ~~, t- ~~~ ~» 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 initial interest rate on this Note will fluctuate. The initial interest rate is 8.25% per year. This initial rate is the prime rate on the date SBA received the loan application, plus 2.50%. The interest rate must remain in effect until the first change period begins. Borrower must pay interest on the disbursed principal balance, plus principal of $5,500.00 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 principal. The interest rate will be adjusted monthly (the "change period"). The "Prime Rate" is the prime rate in effect on the first business day of the month in which the an interest rate change occurs, as published in the Wall Street Journal on the next business day. The adjusted interest rate will be 2.50% 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 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. 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. Loan Prepayment: 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 SBA Form 147 (06/03/02) Version 4.1 Page 2/6 Bankers Systems, Inc., St. Cloud, MN SBA 147: Note Page 2 Continuation Continuation of "..." 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. Page 1 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 Borrower'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 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 from state or local control, penalty, tax, or liability. As to this Note, Bonower 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 mazket value of Collateral at a sale. SBA Fonn 147 (08!03/02) Varsbn 4.1 Page 4/6 Bankers Systems, Inc., St. Cloud, MN .. .. 10. STATE-SPECIFIC PROVISIONS: 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 MAYBE 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 Eastern 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 Fonn 147 (08/03!02) Verson 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. MAHANOY CITY FOOD MART, LLC DBA UNI-MART SBA Fonn 147 (08/03/02) Version 4.1 Page 818 Bankers Systems, Inc., St. Cloud, MN ~ . ~~ DISCL0~.1RE FOR CONFESSION OF J~JGMENT References in the shaded area are for Lender's use only and do not limit the applicability of this document to any particular loan or item. Any item above containing "...• has been omitted due to text length limitations. Borrower: MAHANOY CITY FOOD MART, LLC DBA UNI-MART Lender: PNC Bank, National Association (TIN: 20-2467010) Business Banking -SBA PrY 49-EAST CENTRE STREET 8800 Tinicum Boulevard 'I'~ MAHANOY CITY, PA 17948 Philadelphia, PA 19153 Declarant: JAVED AKHTAR ISSN: 152-02-8679) 3 VICTORY HILLS EAST DOVER, NJ 07801 DISCLOSURE FOR CONFESSION OF JUDGMENT ~ ~h I AM EXECUTING, THIS -----l..r-- DAY OF ~ /~ 1 20~ A GUARANTY OF A PROMISSORY NOTE FOR 5660,000.00 OBLIGATING ME TO REPAY THAT AMOUNT A. 1 UNDERSTAND THAT THE GUARANTY CONTAINS A CONFESSION OF JUDGMENT PROVISION THAT WOULD PERMIT LENDER TO ENTER JUDGMENT AGAINST ME IN COURT, AFTER A DEFAULT ON THE GUARANTY, WITHOUT ADVANCE NOTICE TO ME AND WITHOUT OFFERING ME AN OPPORTUNITY TO DEFEND AGAINST THE ENTRY OF JUDGMENT. IN EXECUTING THE GUARANTY, BEING FULLY AWARE OF MY RIGHTS TO ADVANCE NOTICE AND TO A HEARING TO CONTEST THE VALIDITY OF ANY JUDGMENT OR OTHER CLAIMS THAT LENDER MAY ASSERT AGAINST ME UNDER THE GUARANTY, I AM KNOWINGLY, INTELLIGENTLY, AND VOLUNTARILY WAIVING THESE RIGHTS, INCLUDING ANY RIGHT TO ADVANCE NOTICE OF THE ENTRY OF JUDGMENT, AND 1 EXPRESSLY AGREE AND CONSENT TO LENDER'S ENTERING JUDGMENT AGAINST ME BY CONFESSION AS PROVIDED FOR IN THE CONFESSION OF JUDGMENT PROVISION. B. 1 FURTHER UNDERSTAND THAT IN ADDITION TO GIVING LENDER THE RIGHT TO ENTER JUDGMENT AGAINST ME WITHOUT ADVANCE NOTICE OR A HEARING, THE CONFESSION OF JUDGMENT PROVISION IN THE GUARANTY ALSO CONTAINS LANGUAGE THAT WOULD PERMIT LENDER, AFTER ENTRY OF JUDGMENT, AGAIN WITHOUT EITHER ADVANCE NOTICE OR A HEARING, TO EXECUTE ON THE JUDGMENT BY FORECLOSING UPON, ATTACHING, LEVYING ON, TAKING POSSESSION OF OR OTHERWISE SEIZING MY PROPERTY, IN FULL OR PARTIAL PAYMENT OF THE JUDGMENT. IN EXECUTING THE GUARANTY, BEING FULLY AWARE OF MY RIGHTS TO ADVANCE NOTICE AND A HEARING AFTER JUDGMENT IS ENTERED AND BEFORE EXECUTION ON THE JUDGMENT, 1 AM KNOWINGLY, INTELLIGENTLY AND VOLUNTARILY WAIVING THESE RIGHTS, AND I EXPRESSLY AGREE AND CONSENT TO LENDER'S IMMEDIATELY EXECUTING ON THE JUDGMENT IN ANY MANNER PERMITTED BY APPLICABLE STATE AND FEDERAL LAW, WITHOUT GIVING ME ANY ADVANCE NOTICE. C. AFTER HAVING READ AND DETERMINED WHICH OF THE FOLLOWING STATEMENTS ARE APPLICABLE, BY INITIALING EACH STATEMENT THAT APPLIES, I REPRESENT THAT: INITIALS 1. I WAS REPRESENTED BY MY OWN INDEPENDENT LEGAL COUNSEL IN CONNECTION WITH THE GUARANTY. -~-,. ~_ 2. A REPRESENTATIVE OF LENDER SPECIFICALLY CALLED THE CONFESSION OF JUDGMENT PROVISION IN THE GUARANTY TO MY ATTENTION. D. 1 CERTIFY THAT MY ANNUAL INCOME EXCEEDS 510,000; THAT THE BLANKS IN THIS DISCLOSURE WERE FILLED IN WHEN I INITIALED AND SIGNED IT; AND THAT I RECEIVED A COPY AT THE TIME OF SIGNING. THIS DISCLOSURE IS GIVEN UNDER SEAL AND IT IS INTENDED THAT THIS DISCLOSURE IS AND SHALL CONSTITUTE AND HAVE THE EFFECT OF A SEALED INSTRUMENT ACCORDING TO LAW. DECLAR X '~ ,~ (Seal) JAV,) AKHTA LASER PRO ~~MinO. V,~. 5.36.10.00] Copr. M~Awd FnMd,l Selutiom, Ine. 1987, LOOS. All Riplw RMN,d. - M T:1CF1\LILWIO.FC 7q.lOpl lSl6 M1-2 Jc ~ •1 ~ ~ + ~r ~ ~~ .. ~- DISCLO..JRE FOR CONFESSION OF JUDGMENT References in the shaded area are for Lender's use only a+ d"do not limit the applicability of this document to any particular loan or item. Any item above containing " has been omitted due to text length limitations. Borrower: MAHANOY CITY FOOD MART, LLC DBA UNI-MART Lender: PNC Bank, National Association (TIN: 20-2467010) Business Banking -SBA jr~,,'1~6-EAST CENTRE STREET 8800 Tinicum Boulevard ''MAHANDY CITY, PA 17948 Philadelphia, PA 19153 Declarant: ADILLA AKHTAR (SSN: 147-13-1994y DISCLOSURE FOR CONFESSION OF JUDGMENT I AM EXECUTING, THIS ~ T 'DAY OF _ 'l ' / ~ c , 20~} FOR S660,000.00 OBLIGATING ME TO REPAY A. I UNDERSTAND THAT THE CONTAINS A CONFESSION OF JUDGMENT PROVISION THAT WOULD PERMIT LENDER TO ENTER JUDGMENT AGAINST ME IN COURT, AFTER A DEFAULT WITHOUT ADVANCE NOTICE TO ME AND WITHOUT OFFERING ME AN OPPORTUNITY TO DEFEND AGAINST THE ENTRY OF JUDGMENT. IN EXECUTING THE ,BEING FULLY AWARE OF MY RIGHTS TO ADVANCE NOTICE AND TO A HEARING TO CONTEST THE VALIDITY OF ANY JUDGMENT OR OTHER CLAIMS THAT LENDER MAY ASSERT AGAINST ME UNDER THE , 1 AM KNOWINGLY, INTELLIGENTLY, AND VOLUNTARILY WAIVING THESE RIGHTS, INCLUDING ANY RIGHT TO ADVANCE NOTICE OF THE ENTRY OF JUDGMENT, AND I EXPRESSLY AGREE AND CONSENT TO LENDER'S ENTERING JUDGMENT AGAINST ME BY CONFESSION AS PROVIDED FOR IN THE CONFESSION OF JUDGMENT PROVISION. B. 1 FURTHER UNDERSTAND THAT IN ADDITION TO GIVING LENDER THE RIGHT TO ENTER JUDGMENT AGAINST ME WITHOUT ADVANCE NOTICE OR A HEARING, THE CONFESSION OF JUDGMENT PROVISION IN THE ALSO CONTAINS LANGUAGE THAT WOULD PERMIT LENDER, AFTER ENTRY OF JUDGMENT, AGAIN WITHOUT EITHER ADVANCE NOTICE OR A HEARING, TO EXECUTE ON THE JUDGMENT BY FORECLOSING UPON, ATTACHING, LEVYING ON, TAKING POSSESSION OF OR OTHERWISE SEIZING MY PROPERTY, IN FULL OR PARTIAL PAYMENT OF THE JUDGMENT. IN EXECUTING THE ,BEING FULLY AWARE OF MY RIGHTS TO ADVANCE NOTICE AND A HEARING AFTER JUDGMENT IS ENTERED AND BEFORE EXECUTION ON THE JUDGMENT, I AM KNOWINGLY, INTELLIGENTLY AND VOLUNTARILY WAIVING THESE RIGHTS, AND I EXPRESSLY AGREE AND CONSENT TO LENDER'S IMMEDIATELY EXECUTING ON THE JUDGMENT IN ANY MANNER PERMITTED BY APPLICABLE STATE AND FEDERAL LAW, WITHOUT GIVING ME ANY ADVANCE NOTICE. C. AFTER HAVING READ AND DETERMINED WHICH OF THE FOLLOWING STATEMENTS ARE APPLICABLE, BY INITIALING EACH STATEMENT THAT APPLIES, I REPRESENT THAT: INITIALS ''''1. I WAS REPRESENTED BY MY OWN INDEPENDENT LEGAL COUNSEL IN CONNECTION WITH THE . f?! A REPRESENTATIVE OF LENDER SPECIFICALLY CALLED THE CONFESSION OF JUDGMENT PROVISION IN THE TO MY "`~ ATTENTION. D. I CERTIFY THAT MY ANNUAL INCOME EXCEEDS 510,000; THAT THE BLANKS IN THIS DISCLOSURE WERE FILLED IN WHEN I INITIALED AND SIGNED IT; AND THAT I RECEIVED A COPY AT THE TIME OF SIGNING. THIS DISCLOSURE IS GIVEN UNDER SEAL AND IT IS INTENDED THAT THIS DISCLOSURE IS AND SHALL CONSTITUTE AND HAVE THE EFFECT OF A SEALED INSTRUMENT ACCORDING TO LAW. DECLARANT: ;. / }r . /'~ i X ~ ~~ /= ' ~ ,~ ~ (Seel) AD 'LA AKHTAR USER PRO L.ntlinp. Vor. 5.25.10.000 Door. Nu1M Flnu.dN 6oWHon,, hw. 166]. 1006. N Ri6hb Mwrvotl. . PA T:\CFRLPLlD60.FL TR-!001!5!5 PR-2 Cx~~~l~ c<< ,, .. ~ ~- #~~1.~.. Gi~ June 8, 200 Certified and,Regular Mail Mahanoy City Food Mart, L,LC 100 East-Center Street. Mahanvy City, Pennsylvania 1794 Mr. 8c Mrs.. Javed Akhtar l 9 East Pine Street Mahanoy pity, P'e~~ylvania 17948 :ITE: Lean #327853131602557223 Dear lur. & Mrs. A.khtar: Mahanoy City Food Mart, LLC, and: you ara in default of yaur obligations. to PNC Bank (the `Bank's far failure to make payments. on the $~b0,000 loan {the "Caen>'~ as r~uired in the Promissory Nate that evidences the Loan and the Guaranty Agreemant{s) that secures the Loan.. As a result: of the default of your obligations to the Bank, the entire outstanding amount of the Loan has been accelerated and is aov~r .due. and payable immediately in full.. The amounts that are due and payable tv the.Bank are as follows: Principal $550,000.00 Interest $ 25,437.85 (as, of 6/7/07) Late Charges l 04.4.06 Total. $575,4'5.97 Interest continues to accrue at the rata of $11.99 per day through the date on which payment is received by the Bank. In addition. to the amounts set forth. above, you will be responsible for payment or reimbursement to the Bank for ail attameys' fees incuncd or paid by the Bank with respect to this matter. Please make arrangements for payment in full of your obligations to the Bank by contacting. the .Bank, as follows: Kyra F. Zatanski A~~ vice President 20l :Pend Awonae ScradtrJn, PA 18503 Phone: {570} 96 2-6266 Fax: {570) 96 2-6240 Memtrer of The PiMt: Finenciat 5erricee Omup 201 Penn Avenue Scranton Pennsytvanie 18503 vvww.pne.cam ~~ ' r ~ag~ Neither this letter nor anything contained herein waives, omits' ur otherwise ~t'ects in a~uy way the Bank's rights to exercise and enforce its ruts anal remedies far coltection of your obtigatians to the Bank, all of which are reserved b3` the Bank, andremain ifl full ftrrce and effect, ettfot~bie by the.Bank at any t#me an or after the date of this fetter. We look foryvaxd to receiving payment in full of yow~ obligations- ~ the, Batdc in the irnrneriiate future. (?tberwise, the Bank'n~ay have no alternative but to initiate collection pmceeciings. If you have any questions please call me at 570-951-5266. Thank. you'in advance for your cooperation in this matter. Sincerely, xyra , ~ ki assistant Vice dent .. ~ ~- ~ , nt us - I r- may. ~ ~.. ri / w Y~~ © ~ n ~ ~ = '~ d ~ ~psQtdr ~ ¢J~ ~; 1bt~ Pcotipo d Foes fT`1 _, :' ~ ~ Mete, ltetre~ t, 2, and 3. Also cxxnplete item # !t A9etrit~ad [lelh~+ t9 des~ed. ^ Print your name and address on #te t~tvarsa s~s.that we can return ~ card to yau. ~ Attach this card to tare l~Ck; of the ma!lpiece, or~~if~ 1. Attk~e eta: ~''~'~~ 8. R by (Prlirt 1'~+~1 C. Meta of t?e~vary (e -/~- d7 0. is delivery aridness dilletrnttinm kent i2 ^ Yes. K YES. enter' tleHtr~py ndetl+~a t~elav: ©No ~~ 3 Type. Cartlfled Map ^ Eicprese MaN f ~~sgtstered ~ Rehxr, Rpc 4or J'1 ~`~~ r ~t ~e~ o ~.o,o. d. Restricted t)eltvary<1 ~ ~J ©Yas 2. ArtkiaMwnber ~00~ y~s$~ ~~~~ ~~~~ ~S.G~'4 ? {Transker ~ esrvice let~9 .. _ .~. ~......._..._~ NS Farm 3811, Aagtir$t 2pg1 tkxn Retum Aecei~ ids-az•~t-yt~ na f-1 -~ i"~ 'i7 _r r; i ~,~ n. ~ - CAi . .. 4 - `:? _- , rs? --.. t f~,') "-} C,~ .~. ~ ~ COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CNIL ACTION PNC BANK, NATIONAL ASSOCIATION, DOCKET NO. b7 _ ~3~7 (.,l V i ~ ~Gr'M Plaintiff . v. CONFESSION OF JUDGMENT JAVED AKHTAR AND ADILLA AKHTAR, Defendants :PREVIOUSLY ASSIGNED TO: N/A To: Jawed Akhtar and Adilla Akhtar, Defendants You are hereby notified that on c ~ , 2007, judgment by confession was entered against you in the sum of $640,568.28, in the ab ve-captioned c e. DATE: Prot 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 Bar Association 32 South Bedford Street Carlisle, 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: Jawed Akhtar and Adilla Akhtar 19 East Pine Street Mahanoy City, PA 17948 Att yfo m' C> s'`' ~~ ~ _~ r ~ ~''~'~ ,' ~_ ~~ -:,.. ."` _V},,. - c»-; ~r.-ss -< A, Jawed Akhtar and Adilla Akhtar, Demandado(s) Por este medio sea avisado que en el dia de de 2007, un fallo por admision fire registrado contra usted por la contidad de $640,568.28, del caso antes escrito. Fecha: el dia de de 2007 Protonotario LLEVE ESTA DEMANDA A UN ABODAGO IMMEDIATAMENTE. 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 ESCRITA 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: Jawed Akhtar and Adilla Alchtar 19 East Pine Street Mahanoy City, PA 17948 COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION PNC BANK, NATIONAL ASSOCIATION, Plaintiff DOCKET NO. p''j - N3a7 - Ci vi t krn1 v. CONFESSION OF JUDGMENT JAVED AKHTAR AND ADILLA AKHTAR, Defendants :PREVIOUSLY ASSIGNED TO: N/A CERTIFICATE OF ADDRESSES I hereby certify that the precise address of Plaintiff, PNC Bank, National Association, is 201 Penn Avenue, Scranton, PA 18503; and that the last known address of Defendants, Javed Akhtar and Adilla Akhtar, is 19 East Pine Street, Mahanoy City, PA 17948. Date: July2~ 2007 Respectfully submitted, McNees Wallace & Nurick LLC By: Geo . Shuff, Esquire upreme Court ID #24848 100 Pine Street, PO Box 1166 Harrisburg, PA 17108-1166 (717) 237-5439 Attorneys for Plaintiff ~-:~ -~ . _i~.1 . . f ~. "'~ T {-tj'T t..a.: _ ~ i_.,.. ~~ t~J r.^°y C", S"± °~ COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CNIL ACTION PNC BANK, NATIONAL ASSOCIATION, DOCKET NO. O7- N3a1 Civil lern. Plaintiff v :CONFESSION OF JUDGMENT JAVED AKHTAR AND ADILLA AKHTAR, Defendants :PREVIOUSLY ASSIGNED TO: N/A AFFIDAVIT OFNON-MILITARY SERVICE TO THE PROTHONOTARY: I do certify, to the best of my knowledge, that Defendants, Javed Akhtar and Adilla Akhtar, in the above-captioned action are not presently on active or nonactive military status. Respectfully submitted, McNees Wallace & Nurick LLC Date: July 2007 By: ~C.ieo y°S.~Shuff, Esquire reme ~"ourt ID #24848 100 Pine Street, PO Box 1166 Harrisburg, PA 17108-1166 (717)237-5439 Attorneys for Plaintiff ~ ~~ " r.,-~ `~. _ ( l CJ --„~ ~ r 1 ~ .~i -" y -.mot `- l +'.. i ~~ }+. e • ~"i q~ ` i Y S 1 .y,,,~ p y Lief 't COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION PNC BANK, NATIONAL ASSOCIATION, DOCKET NO. p?. N3a7 ~~ vi ! (er-rh Plaintiff v :CONFESSION OF JUDGMENT JAVED AKHTAR AND ADILLA AKHTAR, Defendants :PREVIOUSLY ASSIGNED TO: N/A NOTICE UNDER RULE 2958.1 OF JUDGMENT AND EXECUTION THEREON NOTICE OF DEFENDANT'S RIGHTS TO: Javed Akhtar and Adilla Akhtar A judgment in the amount of $640,568.28, 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. ... Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 or 1-800-990-9108 Respectfully submitted, McNees Wallace & Nurick LLC Date: July, 2007 By. ~~y . Shull, Esquire em Court 1D #24848 100 P' a Street, PO Box 1166 H sburg, PA 17108-1166 (717) 237-5439 Attorneys for Plaintiff t--' ,~ C~ ~ -rl r ~ -~--~ ..-a r '"'" -n ~,_ e~ ~,, --G,-~ - • C~: COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION PNC BANK, NATIONAL ASSOCIATION, :DOCKET NO. 07-'~3a7 Civ i ( ler~ Plaintiff ~• :CONFESSION OF JUDGMENT JAVED AKHTAR AND ADILLA AKHTAR, Defendants :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. Shuff, Esquire McNees Wallace & Nurick r.,Lc 100 Pine Street, PO Box 1166 Harrisburg, PA 17108-1166 (717) 237-5439 Respectfully submitted, McNees Wallace & Nuriek i,i.(" Date: July~~2007 By 100 Pine Street, PO Box 1166 Harrisburg, PA 17108-1166 (717) 237-5439 Attorneys for Plaintiff C"~ ~a `'~ _ ~~ _ ~ r ~ . ~ .,.~ - ;~ -v-r ~.c? `T7 _ . _ _ _ -,j _ ~ ~ ... ti" '~ _. ~.~ ,r. '.._J ( 7 .~ :::~ ~,.,~ "~. SHERIFF'S RETURN - OUT OF COUNTY .CASE N0: 2007-04327 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND PNC BANK NA VS AKHTAR JAVED ET AL R. Thomas Kline County, Pennsylvania, to duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT to wit: but was unable to locate Him in his bailiwick. He therefore deputized the sheriff of SCHUYLKILL serve the within NOTICE On September 11th 2007 this office was in receipt of the attached return from SCHUYLKILL Sheriff's Costs: Docketing Out of County Surcharge Dep Schuylkill Co Postage 18.00 9.00 10.00 56.60 Sheriff or Deputy Sheriff who being iffAof Cumberland County 94.91 J 9,.r ~ :~1i~r~o~ 09/11/2007 MCNEES WALLACE NURCIK Sworn and subscribe to before me this day of , A.D. SHERIFF'S RETURN - OUT OF COUNTY CASE N0: 2007-04327 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND PNC BANK NA VS AKHTAR JAVED ET AL R. Thomas Kline duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT to wit: AKHTAR ADILLA but was unable to locate Her in his bailiwick. He therefore deputized the sheriff of SCHUYLKILL County, Pennsylvania, to serve the within NOTICE On September 11th 2007 this office was in receipt of the attached return from SCHUYLKILL /)~ Sheriff's Costs: Docketing Out of County Surcharge Sheriff or Deputy Sheriff who being So a~ 6.00 .00 10.00 ~ h .00 16 .0 0 / ~~ ~ 7 09/11/2007 MCNEES WALLACE NURICK .00 S riff of Cumberland County Sworn and subscribe to before me this day of A.D. In' The Court of Common Pleas of~Cumberland County, Pennsylvania PNC Bank National Association VS. Jawed Althtar st al SERVE: Jawed Akhtar No. 07-4327 civil Now, _ August 20, 2007 , I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of Scfiuylkil.l County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. ~ ~ ~~~ Sheriff of Cumberland County, PA Please mail return of service to Cumberland County Sheriff. Thank you. Affidavit of Service Now, , 20 , at o'clock M. served the within upon at by handing to a copy of the original and made known to the contents thereof. So answers, Sworn and subscribed before me this day of , 20 Sheriff of County, PA COSTS SERVICE $ MILEAGE AFFIDAVIT In The Court of Common Pl~~t~ of Ctt~ri~-~~rla~nd County, Pennsylvania PNC Bank National Association VS. Jawed A1~htar et al SERVE: Adilla Al~htar No. ~~-4327 civil Now, August ao, 200 , I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of Schuylkill County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. ~~~~ Sheriff of Cumberland County, PA Please mail return of service to Cumberland County Sheriff. Thank you. Affidavit of Service Now, within 20 , at o'clock M. served the upon at by handing to a and made known to copy of the original So answers, the contents thereof. Sheriff of County, PA Sworn and subscribed before me this day of , 20 COSTS SERVICE $ MILEAGE AFFIDAVIT Wed Sep 5, 2067 12:03PM SHERIFF'S DEPARTMENT OF SCHUYLKILL COUNTY SCHUYLKILL COUNTY COURT HOUSE POTTSVILLE, PENNSYLVANIA 17901 (570) 622-5570 ** A F F I D A V I T O F R E T U R N PLAINTIFF: PNC BANK NATIONAL ASSOCIATION V S DEFENDANT: AKHTAR,JAVED ET AL DEPUTIZED FROM CUMBERLAND COUNTY COURT NUMBER 07-4327 PILED BY SHUFF,GEOFFREY S TYPE OF PAPER NOTICE SERVING NUMBER 48570 PAGE: 1 ATTORNEY; ~ SHUFF,GEOFFREY S PRO FILE DATE 07/20/2007 EXPIRATION 100 PINE STREET SHF RECEIVED 08/21/2007 P.O. BOX 1166 DEP RETURNED 09/05/2007 HARRISBURG, PA 17108 (P E O P L E T O B E S E R V E D) NAME ADDRESS 1 ADDRESS 2 CITY ST ZIP DEPUTY Service for AKHTAR,JAVED 19 EAST PINE 3TREET MAHANOY CITY PA 17948 DRIES, C AKHTAR,ADILLA 19 EAST PINE STREET MAHANOY CITY PA 17948 (A T T E M P T S A T S E R V I C E) SEQ --- DATE ---------- TIME ----- SERVED TO ---------------- ADDRESS 1 ---- ------- -- ADDRESS 2 CITY ST ZIP MILES COST 1 08/28/2007 12:09 [NOT FOUND] - ------- 19 EAST PINE --- --------------- --------------- MAHANOY CITY -- PA ----- 17948 ----- - 30 ----------- 14.55 2 08/28/2007 12:12 [NOT FOUND] POST OFFICE MAHANOY CITY PA 17948 30 14.55 Total 29.10 Total Mileage Charge for all Services 29.10 Wed Sep 5, 2007 12:03PM PAGE: 2 SHERIFF'S DEPARTMENT • OF SCHUYLKILL COUNTY SCHUYLKILL COUNTY COURT HOUSE POTTSVILLE, PENNSYLVANIA 17901 (570) 622-5570 ** A F F I D A V I T O F R E T U R N I hereby CERTIFY and RETURN a NOT FOUND because unable to locate the individual, company, corporation, etc, named above. SWORN and subscribed before me this SO ANSWERS day of `c~s~~ W oo~_ (Deputy Sheriff) ,~ :a ~~ (Sheriff of Schuylkill County) ~~~ ~s=~_~:m__~~~~___==~~~z~==.~__" 's==~==~=a~===~=_~~sm__~a.~a==mss:zns~:=~=__ End - of - Return (X-266-2007) Wed Sep 5, 200`7 12:03PM SHERIFF'S DEPARTMENT ' OF SCHUYLKILL COUNTY SCHUYLKILL COUNTY COURT HOUSE POTTSVILLE, PENNSYLVANIA 17901 (570) 622-5570 ** A F F I D A V I T O F R E T U R N DEPUTIZED FROM CUMBERLAND COUNTY PLAINTIFF: PNC BANK NATIONAL ASSOCIATION COURT NUMBER 07-4327 V S FILED BY SHUFF,GEOFFREY S DEFENDANT: AKHTAR,JAVED ET AL TYPE OF PAPER NOTICE SERVING NUMBER 48570 PAGE: 3 ATTORNEY: ~ SHUFF,GEOFFREY S PRO FILE DATE 07/20/2007 EXPIRATION . 100 PINE STREET SHF RECEIVED 08/21/2007 P.O. BOX 1166 DEP RETURNED 09/05/2007 HARRISBURG, PA 17108 (P E O P L E T O B E S E R V E D) NAME ------------------ ADDRESS -- -------- 1 ADDRESS 2 ------------ ----------- - CITY ST ZIP DEPUTY AKHTAR,JAVED 19 EAST -- - PINE STREET ----- ----------------- MAHANOY CITY --- -- PA ----- 17948 ------------------ DRIES, C Service for AKHTAR,ADILLA 19 EAST PINE STREET MAHANOY CITY PA 17948 (A T T E M P T S A T S fi R V I C E) SEQ --- DATE ---------- TIME ----- SERVED TO ---------------- ADDRESS 1 ---- ------------- - ADDRESS 2 CITY ST ZIP MILES COST 1 08/28/2007 12:09 [NOT FOUND) --- 19 EAST PINE --- --------------- --------------- MAHANOY CITY -- PA ----- ----- - 17948 ----------- 0.00 2 08/28/2007 12:12 [NOT FOUND) POST OFFICE MAHANOY CITY PA 17948 0.00 Total 0.00 Total Mileage Charge for all Services 29.10 Wed Sep 5, 2047 12:03PM PAGE: 4 SHERIFF'S DEPARTMENT 1 OF SCHUYLKILL COUNTY SCHUYLKILL COUNTY COURT HOUSE POTTSVILLE, PENNSYLVANIA 17901 (570) 622-5570 ** A F F I D A V I T O F R E T U R N I hereby CERTIFY and RETURN a NOT FOUND because unable to locate the individual, company, corporation, etc, named above. SWORN and subscribed before me this SO ANSWERS _~ , day o (Deputy Sheriff) ~~I~~LL rothoz y) ~ (Sheriff of Schuylkill County) End -..O,p~ Return (X-268-2007) COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CML ACTION PNC BANK, NATIONAL ASSOCIATION, DOCKET NO. o~ - ~l 3 a~ ~~" `~ ~`~ `^" Plaintiff v. CONFESSION OF JUDGMENT JAVED AKHTAR AND ADILLA AKHTAR, Defendants :PREVIOUSLY ASSIGNED TO: N/A NOTICE UNDER RULE 2958.1 OF JUDGMENT AND ERECUTION THEREON N ~ NOTICE OF DEFENDANT'S RIGHTS ~ T, {'r1 3=' ~ -'~ ~ ~3 G ~ r.. TO: Javed Akhtar and Adilla Akhtar -~? n "' ~ cn < _" ,~r A judgment in the amount of $640,568.28, plus interest, other expenses, fees cosh h entered ainst u and in favor of the plaintiff without any prior notice or g Asa ~ Yo confession of judgment contained in a written agreement or other paper alleg y sig by yam. The sheriff may take your money or other property to pay the judgment at any time a er 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 HIltING 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 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 or 1-800-990-9108 Respectfully submitted, McNees Wallace & Natick LLC Bate: Jul 2007 By: - . eo y .Shull, Esquire Court ID #24848 100 P' a Street, PO Box 1166 H sbur¢. PA 17108-1166 (717) 237-5439 Attorneys for Plaintiff ~a COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION PNC BANK, NATIONAL ASSOCIATION, :DOCKET NO. o'er - ~l 3 a ~ ~~ v ~~ -C~er ~ Plaintiff v. :CONFESSION OF JUDGMENT JAVED AKHTAR AND ADII,LA AKHTAR, Defendants :PREVIOUSLY ASSIGNED TO: N/A NOTICE UNDER RULE 2458.1 OF JUDGMENT AND EXECUTION THEREON NOTICE OF DEFENDANT'S RIGHTS ~ ° ~~'; _~~ A v= r-~ ~ 2 ~ ~ ~-~ TO: Javed Akhtar and Adilla Akhtar ~°~ "~ -~ r A judgment in the amount of $640,568.28, plus interest, other expenses, feed ~d cods ha~bpen entered against you and in favor of the plaintiff without any prior notice `oFr hearissg b n a confession of judgment contained in a written agreement or other paper allegedly eda~~rou. The sheriff may take your money or other property to pay the judgment at any time after'tfiiriy (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 FII,E 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 HELOW. 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 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 or 1-800-990-9108 Respectfully submitted, McNees Wallace & Narkk LLC Date: Jul 2007 By: eo . 5huff, Esquire Court ID #24848 100 P' a Street, PO Box 1166 H sburg, PA 17108-1166 (717} 237-5439 Attorneys for Plaintiff ~ S c ciL 1 4~ ~~ (Q!17 :.i~f ~_~~,., ~ .. __ ..,_._.