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HomeMy WebLinkAbout07-4328. - COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION PNC BANK, NATIONAL ASSOCIATION, DOCKET NO. pr(- ~I3o't$ C iVi t (ertr- Plaintiff v. CONFESSION OF JUDGMENT MAHANOY CITY FOOD MART, LLC, DBA 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 $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,(177.74 TOTAL: $640,568.28, plus interest, other expenses, fees and costs Respectfully submitted, McNees Wallace & Nurick LLC Date: July, 2007 By: . Shu ,Esquire S eme Court #24848 100 Pine Street, PO Box 1166 Harrisburg, PA 17108-1166 (717) 237-5439 Attorneys for Plaintiff ~~pp ~ -EPA ~ ,'1 ~ ~ ~ ~ (~ Q ~ ra C- c.~ ~ (o ~ ~? ~ v ~ , f f { ~7'_~ ~ -~{ • ~~' y ` ~ _ w. =_i = .~ C...) `r"1 G.= -G COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION PNC BANK, NATIONAL ASSOCIATION, :DOCKET NO. Plaintiff v. :CONFESSION OF JUDGMENT MAHANOY CITY FOOD MART, LLC, DBA UNI-MART, Defendant :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 Defendant, Mahanoy City Food Mart, LLC, dba Uni-Mart, is a Pennsylvania limited liability company with a last known address of 100 East Center Street, Mahanoy City, PA 17948 (the "Defendant"). 3. The Defendant executed and delivered to the Plaintiff 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 is 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 Plaintiff s demand dated June 8, 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 $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 ~~~77-74 TOTAL DUE: $640,568.28 10. Interest continues to accrue at a rate equal to the Prime Rate published in the Wall Str ..t ]rn~rnal, plus two and one-half percent (2.50%), adjusted monthly. WHEREFORE, Plaintiff, PNC Bank, National Association, demands judgment against the Defendant, Mahanoy City Food Mart, LLC, dba Uni-Mart, in the amount of Six Hundred Forty Thousand Five 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 Tc,Lrnal, 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. Date: July 2007 Respectfully submitted, McNees Wallace & Nurick LLC By: S. huff, Esquire ourt ID #24848 100 Pik 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 ~. :CONFESSION OF JUDGMENT NIAHANOY CITY FOOD MART, LLC, DBA UNI-MART, Defendant :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~ ~-l U8 U 91 ~ Kf ApIIA Nxs I U.S. Small Business Administration NOTE SBA Loan # PLP 88324240-02 SBA Loan Name MAHANOY CITY FOOD MART, LLC DBA UNI-MART Date fi - .~ 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 1. PROMISE TO PAY: In return for the Loan, Borrower promises to pay to the order of Lender the amount of clx 4dl INDRED SIXTY THOUSAND----- -- 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. "Guazantor" 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: n.......,,,,o,. „,,,~r make all navtnents at the place Lender designates. The payment terms for this Note aze: 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 Forth 147 (06/03/02) Ven;ion 4.1 Page ?l8 Bankers Systems, Inc., St. Cloud, MN SBA 147: Note Page 2 Continuation r`.,n4ini ~~4inn 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 (06/03/02) 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, 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 aze 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 enab]e 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 teens 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 Fonn 147 (06/03/02) Version 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 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 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 properly 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 nwre 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 (OBJ03l02) Verson 4.1 Page 5l8 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. iueNani[~Y CITY FOOD MART. LLC DBA UNI-MART ;~ ~-~. SBA Form 147 (06!03102) Version 4.1 Page 8/8 Bankers Systems, inc., St. Cloud, MN Disclosure for Confession of Judgment PNCI~~~TI[~ Undersigned: MAHANOY CITY FOOOD MART ~n DBA UNI-MART /!~ M EAIiANOY CITY P.A 79 8 Lender: PNC BANK, NATIONAL ASSOCIATION 5800 TINICUM BOULEVARD PHILADELPHIA, PA 19153 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: Us Small Business Administration Note. A. THE UNDERSIGNED ACKNOWLEDGES AND AGREES THAT THE ABOVE DOCUMENTS CONTAIN PROVISIONS UNDER WHICH LENDER MAY ENTER JUDGMENT BY CONFESSION AGAINST THE UNDERSIGNED. BEING FULLY AWARE OF ITS RIGHTS TO PRIOR NOTICE AND A HEARING ON THE VALIDITY OF ANY JUDGMENT OR OTHER CLAIMS THAT MAY BE ASSERTED AGAINST Tf 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 ErTHER 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 ITS RIGHTS AFTER JUDGMENT IS ENTERED (INCLUDING THE RIGHT TO MOVE TO OPEN OR ST'RII~ THE JUDGMENT), THE UNDERSIGNED HEREBY FREELY, KNOWINGLY AND INTELLIGENTLY WAIVES 1TS 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 signing below; and that the undersigned received a copy hereof at the time of signing. Dated: ~ ~~ -`J~i Form 8M - PA Rev. 3/99 Y CITY O ~ ~ T , LLC DBA AR ~ - ved Akhtar, Mem er Form 8M - PA Rev. 3/99 June 8, 2007 Certified and Regular Mail Mahanoy City Food Mart, LLC 100 East Center Street Mahanoy City, Pennsylvania i 7948 Intr. & Mrs. raved. Akhtar 19 East Pine-Street Mahanoy City, Pennsylvania 17948 RE: Loan #32185313J60255I223 Dear Sirs: Mahanoy City Food Mart, LLC, and you are in default. of your obligations. to PNC Bank {the "Bank"} for failure to make payments an the $660,000 loan {the. "Loan"} as required in the Promissory Note that evidences the. Loan and the Guaranty Agreement{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 now due and payable immediately in full. The amounts that are due and payable to the Bank are as follows: Principal $550,000.00 Interest $ 25,431:85 {as of 6J7J07} Late Charges $ 1044,06 Total $576,475.91 Interest continues to accrue at the rate of $161.99 per day through the date on which payment is received by the Bank. In addition tc> the amounts set forth above, you will be responsible for payment or reimbursement to the Bank for all attorneys' fees incurred or paid by the Bank with respect to this matter. Please mare arrangements :far payment in full of your obligations to the Bank by contacting the Bank, as follows: Kyra E. Zoranski Assistant Vice President 201. Penn Avenue Scranton, PA 18503 Phone: (570} 961-6266 Fax: (370} 961-6240 Member of Tfie PNC Ftnsncia! Services 8roup 201 Penn Avenue Scranton Pennsylvania t8503 www:pnc:cam ~~ ~~ Page 2 Neither this letter nor anything contained herein waives, limits nr otherwise affects in any way the Bank's rights to exercise and .enforce its rights and remaiies for collection of.your obligati©ns to the Bank, all of which are reserved by the Bank, and remain in full force and effect, enforceable by the Bank at any time on or after the date of this letter. We loak forward to receiving payment iti full of your obligations to the Bank in the immediate future. Otherwise, the Bank may have no alternative but to initiate collection proceedings. If you have any questions please call me at 570-961-6266. '1"hank you in advance for your cooperation in this matter. Sincerely, w K F, Zo assistant Vice ident . ,~ . a t`FRTIF(EF? MAtL ~. RECElF r~ ~ t. e tt1 ~' ~ ~"~ ~ r''` ~ ~}',;fix. rU is ~`- ~ ' ;a ~ 'r' ~osmpe S l`°'~ t ~ CuH~rd Feo !~. ~~ f O © {~ ~~'} ~ ; ~ Here has <.} ~~ .t3 ~ 7bta1 Paaufge & ~eee m arP08axiVO. ^ Complete fterr~ 2, 2; and 3. Also complete item 4 # Restricted t7etivery is drjsired. ^ Print your name arx! address on the reverse so that v+re can return the card to you. ^ AttacM this card to the track of the mailpiece, flr fln the ftOnt it 8~7AC9 p6t7T11t8. 7{.~ArtlCi6 Addr858bd 20: ~~~ ~~ ~ 1 ` R"""v ~. ^ Agertt & Received by 1 Printed Mantel C. Date of oelivery ,s~'~,.~~-~f-~,-r .~~i; ~~'.J__ C~-t'l Vi'i' D. Is aerrvery r dtH~t from item 1 ? Ci Yes If YES, enter delhrery address below: ~ No Type CertHied tNed ~ F PAeti ^ tatered ©~itxn Receipt t~ MerGtandise o arali ©c.o.D. 4. Restricted O~+rery+? (ExNa Fee) p Yes 2. Art~ler 70113 X68[] Q004 4724 5517 ~~s-~ __ --__ _ ~___ . _~ _ .. _... _ . .... _ _._._.._...._._~ _ PS Form 3811, August 2002 Domestic Retum Receipt so25ss-a2-~so~ r~ r;. w.__ c_~ ~:3 Q .... ~. ; µ J _~ ;.. ~~ f r- ; ; 'n 'r- ,.,~ _ W ~~.' :' , i ''~,: _ h~ -~~i :.~ ~l - ~' f -.w COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION PNC BANK, NATIONAL ASSOCIATION, :DOCKET NO. Plaintiff : v, :CONFESSION OF JUDGMENT MAHANOY CITY FOOD MART, LLC, DBA UNI-MART, Defendant :PREVIOUSLY ASSIGNED TO: N/A NOTICE UNDER RULE 2958.1 OF JUDGMENT AND EXECUTION THEREON NOTICE OF DEFENDANT'S RIGHTS TO: Mahanoy City Food Mart, LLC, dba Uni-Mart 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 ,, ,. i Date: July ~ , 2007 BY~ eo .Shull, Esquire e Court ID #24848 100 Pine Street, PO Box 1166 Harrisburg, PA 17108-1166 (717) 237-5439 Attorneys for Plaintiff _~ L-? -rt _ _,_, ." t_-° ... ~ T_ , ! ~ r t1 -,-~ t t_s~ - ~_ " ~ i~. ;, ~~~ c..~ ~.,.. COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION PNC BANK, NATIONAL ASSOCIATION, DOCKET NO. 0`~- '3018 Civc~ Term Plaintiff v. CONFESSION OF JUDGMENT MAHANOY CITY FOOD MART, LLC, DBA UNI-MART, Defendant :PREVIOUSLY ASSIGNED TO: N/A AFFIDAVIT OF NON-MILITARY SERVICE TO THE PROTHONOTARY: I do certify, to the best of my knowledge, that Defendant, Mahanoy City Food Mart, LLC, dba Uni-Mart, in the above-captioned action is not presently on active or nonactive military status. Respectfully submitted, McNees Wallace & Nurick LLC Date: July2~2007 By: Ge S huff, Esquire S e ourt ID #24848 100 Pi Street, PO Box 1166 H urg, PA 17108-1166 (717 237-5439 Attorneys for Plaintiff r-a r~ ~-~ ~~ ~- ~~ - , -z-, _.._ ~~- Ti 4t~_ ~ ~' ~s ~ -~ -- ~.. -- `j 5 '',-, COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CNIL ACTION PNC BANK, NATIONAL ASSOCIATION, :DOCKET NO. 07- N3a8 Civi t Ter"r~+ Plaintiff v. CONFESSION OF JUDGMENT MAHANOY CITY FOOD MART, LLC, DBA UNI-MART, Defendant :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 Defendant, Mahanoy City Food Mart, LLC, dba Uni-Mart, is 100 East Center Street, Mahanoy City, PA 17948. Respectfully submitted, McNees Wallace & Nurick LLC Date: Jule 2007 By: S. uff, Esquire Sup eme ourt ID #24848 100 Pind~Street, PO Box 1166 Harrisburg, PA 17108-1166 (717) 237-5439 Attorneys for Plaintiff i`-J " „~ 7 _. < "_~ ,. =`" f°".i Cs~ ~ ~ ~a .,,,... ___ - ` ~.r,, . ~ ~ _ , _~.i _J~.< - r~.~ ~~ -~ COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CNIL ACTION PNC BANK, NATIONAL ASSOCIATION, Plaintiff v. DOCKET NO. b7 - 43a$~,iv- ( TrM CONFESSION OF JUDGMENT MAHANOY CITY FOOD MART, LLC, DBA 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: JulyZ(/ 2007 By: C~~ S. uff, Esquire Supreme urt ID #24848 100 Pin treet, PO Box 1166 Harrisburg, PA 17108-1166 (717) 237-5439 Attorneys for Plaintiff ~~ r-,~ r.. f. _.. I`y) "CJ t Y": W ` t. "~ ~ ~ ... . . -.1 ~..~ --f ~- R COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CNIL ACTION PNC BANK, NATIONAL ASSOCIATION, DOCKET NO. b'1- ~~$ C i vi ~ 1~-M Plaintiff v. :CONFESSION OF JUDGMENT MAHANOY CITY FOOD MART, LLC, DBA UNI-MART, Defendant :PREVIOUSLY ASSIGNED TO: N/A To: Mahanoy City Food Mart, LLC, dba Uni-Mart, Defendant You are hereby notified that on 3 -, 2007, judgment by confession was entered against you in the sum of $640,568.28, m the above-caption case. DATE: /) P othonot 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: Mahanoy City Food Mart, LLC, dba Uni-Mart 100 East Center Street Mahanoy City, PA 17948 -~- ,~ A, Mahanoy City Food Mart, LLC, dba 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 $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 Baz Association 32 South Bedford Street Cazlisle, PA 17013 (717) 249-3166 or 1-800-990-9108 Por este medio certifico que to siguiente es la direction del demandado dicho en el certificado de residencia: Mahanoy City Food Mart, LLC, dba Uni-Mart 100 East Center Street Mahanoy City, PA 17948 ,. 1' i COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION PNC BANK, NATIONAL ASSOCIATION, :DOCKET N0.07-4328 Civil Term Plaintiff v. CONFESSION OF JUDGMENT MAHANOY CITY FOOD MART, LLC, DBA 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 Mahanoy City Food Mart, LLC, dba Uni-Mart 100 East Center Street Mahanoy City, PA 17948 Respectfully submitted, McNees Wallace & Nurick LLC Date: August, 2007 Bye o~fey S. S,l~dff, Esquire upreme Court ID #24848 100 Pine Street, PO Box 1166 Harrisburg, PA 17108-1166 (717)237-5439 Attorneys for Plaintiff r 7160 3901 9849 9718 9348 ~, Mahanoy City Food Mart, LLC, dba Uni-Mart 100 East Center Street Mahanoy City, PA 17948 i e i ' (I 1 E i i SENDER: Geoffrey S. Shull REFERENCE:PNC Bank ' ~ RETURN Postage ~ / i RECEIPT Certified Fee '~ SERVICE Return Receipt Fee i Restricted Delivery -- Total Postage & Fees .~p- US Postal SerVkte RK OR DA Receipt for ~ «~7 ~ t ~nr ` Certified Meil w °3y o ~ ~ No inauranc:e Covsragra Provided (/C; n c Do Not Use for Intarnatlonal AAafl 2. Article Number _ - • • • e A. Received by (Please Print Gearly) B. Date of Delivery C. Signature 7160 39D1 9849 9718 9348 ' _ ~ p dareasee "'` o- " la delivery address t from Item 17 If YES, enter delivery address below; ^ Yes ~ ~ ~ 3. Service Type CERTIFIED MAIL ~' 4. Restricted Dellvery7 (F Fee) QYes 1. Article Addressed to: 'E'~Mahanoy City Food Mart LLC dba U i M , , n - art ,','100 East Center Street ~Mahanoy City, PA 17948 PNC Bank '_ Geoffrey S. Shull - PS Form 3811, January 2005 Domestic Retum Receipt -~. - Z~ .,_.~ ,-.~ n ~ , t ~ ~ „ -r~_~ r- ~ ~~ ~ z4_, v~ ~=_ _ ~ ~~~ ~~ -~ .~ ~.~ h