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07-4358
COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION PNC BANK, NATIONAL ASSOCIATION, :DOCKET NO. ~"(- ~} 358 Civil IerrN Plaintiff v. NAVEED DUTT AND FEEBA FELIX, Defendants CONFESSION OF JUDGMENT 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 b. Interest to July 13, 2007 c. Late Charges d. ~. UCC Search Fees e. Attorneys' Fees $412,495.62 $ 61,786.94 $ 3,656.88 $ 114.00 $ 47,42R_2f TOTAL: Date: July ~~2007 $525,481.70, plus interest, other expenses, fees and costs Respectfully submitted, McNees Wallace & Nurick LLC By: eo . Shuff, Esquire preme Court ID #24848 100 Pine Street, PO Box 1166 Harrisburg, PA 17108-1166 (717) 237-5439 Attorneys for Plaintiff t~ ~ (o -a ~ ~ O o r-, iv t.,~ i:~ C~: .- , `r~ r _i r ~'_} _', ~:~ ~ ,. _ _ ~ 1 _, e ~,tr,~l ' `S r COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION PNC BANK, NATIONAL ASSOCIATION, Plaintiff v. NAVEED DUTT AND FEEBA FELIX, Defendants DOCKET NO. 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 201 Penn Avenue, Scranton, PA 18503 (the "Plaintiff'). 2. The Defendants, Naveed Dutt and Feeba Felix, are adult individuals whose last known address is 15833 73'~ Street, Flushing, NY 11366 (the "Defendants") 3. The Defendants executed and delivered to the Plaintiff a U.S. Small Business Administration Unconditional Guarantee (the "Guarantee"), 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 guaranteed to the Plaintiff the payment of all amounts due to the Plaintiff by Felix & Sons, Inc., dba Uni-Mart (the "Debtor") under a U.S. Small Business Administration Note dated May 9, 2005, in the original principal amount of Five Hundred Twenty-Three Thousand Dollars ($523,000), as amended by an Amendment to US Small Business Administration Note dated March 9, 2006 (together, the "Note"), true and correct photostatic reproductions of the originals 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 $412,495.62 b. Interest to July 13, 2007 $ 61,786.94 c. Late Charges $ 3,656.88 d. UCC Search Fees $ 114.00 e. Attorneys' Fees 47,42R_2fi TOTAL DUE: $525,481.70 11. Interest continues to accrue at a rate equal to the Prime Rate published in the mall Street .TnLrnal, plus two and one-half percent (2.50%), adjusted monthly. WHEREFORE, Plaintiff, PNC Bank, National Association, demands judgment against the Defendants, Naveed Dutt and Feeba Felix, in the amount of Five Hundred Twenty-Five Thousand Four Hundred Eighty-One and 70/100 Dollars ($525,481.70), plus interest at a rate equal to the Prime Rate published in the W 11 Str .. 7n ~rn 1, plus two and one-half percent (2.50%), adjusted monthly, adjusted monthly, through the date of payment, including on and after the date of entry of judgment on this Complaint, and for other expenses, fees and costs to which the Plaintiff may be entitled. Date: July, 2007 Respectfully submitted, McNees Wallace & Nurick LLC By: Geo .Shull, Esquire upr e Court ID #24848 100 ine Street, PO Box 1166 'sburg, PA 17108-1166 717)237-5439 Attorneys for Plaintiff COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION PNC BANK, NATIONAL ASSOCIATION, Plaintiff DOCKET NO. v. NAVEED DUTT AND FEEBA FELIX, Defendants CONFESSION OF JUDGMENT PREVIOUSLY ASSIGNED TO: N/A VERIFICATION I, Kyra E. Zoranski, Assistant Vice President for PNC Bank, National Association, being authorized to do so on behalf of PNC Bank, National Association, hereby verify that the statements made in the foregoing pleading are true and correct to the best of my information, knowledge and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. Date: ~ I ~ D~ PNC BANK, NATIONAL ASSOCIATTON ~% 0 i i111w1o M ras~r U.S. Small Busur~ss AtlministraCi©n '~ UNCCENb1TtQNAL GUARANi`EE i SBA Loan # PLP 8823340-01 SBA Loan Naare 11~i-Iti9art GtlatafSi~' NaYeed t)utt Peeba FpliX i 84t'row$f 1 ~9ilX $~ Sons, lnc. dba iJni-MBrt 6 Lander .._..__._._....._.._ PNC Bank, National Assaclatbon Qate - ,,,~ Nuts Amount 523,040.00 ~n j ? . GUARANTEE: Cruarantor urszonditianaliy guarantees payment to Lender of all amounts awing under the itintc. This Gttararnee remains in effect until the Note is paid in full, Guarantor must pay aQ amounts due under the Note when Lander males rrritte:; demand upon Guarantor. Lender is not required to seek payment from any other source before de:ttanding paymern from Guarantor. 2. NOTE: ~-^ ./' The "Nate" is the promissory note dated V " j~ ~J in the principal amount of Ftve Hundrad Twant Three Thousand --- - -----00~`tt?4 l3allars, from Bant}wer to Lender. It ittcludcs any assumption, renewal, substitution, or replacemcm of tlse Note, ..nd nsultiple notes ender a line of credit. 3. DEI7NITIONS: "Coilaterat" means any proptrty taken as securiry for payment of the Nair ar any guaa~aniec of the Notc. "Loan" mtnns the loan evidenced by th~c Note. "Loan l,7acuments" rtfearas the dacumatts related to the Loan ssgned by Borrower, Oiuarantor ar atay other guarantor, er an}~ane wlso pledges Collateral. "SB.4" ratans the Small Business Administration, an Agency afthe United States of America. 58A Form tan ~ 1Df98) ~rnvzws editions obsolete. PA~r .t5 Sankets Systems, Inc., 5t. ~foud, PttM 4. LENDER'S GEN3~R.AL POWERS: Larder may lake any ofthe following actlona at any time, without notice, without auarantnr's consent, and without mtJcing demand upat C3tsarantot: A. lbiodify tiers terms of the Note ar any other Loan Document except to increase the amounts due under the Note; B. Refrain from taking any action on the Note, the Collattral, or any guarantee; C. Release any Borrower or any guarantor of the Note; D. Campromisn or mule with the Borrower ar any gt~rantor of the Note; E. Substitute or relaasc any of the Collateral, whether ar not Lender receives anything in return; P. Foreclo~ upon or ~laerwise obtain, and dispose of, any Collateral at public err private sale, with or without advertisement; C!, 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 Nate and other Loan Documents. 7`hese actions will not rclaase or reduce tlac obligations of ~iuarantor or G~eate any rights err claims against Lender. 3. FED'~RAF. LA't3V: 5'Vlten SBA is the holder, the `iota and this Guarantee will be construed and enforced under federal law, includin; SBA regulations. Lendet or 58A may use state or local procedures for filing papers, recording documents, giving notice, foreclosing liens, and other purposes. Ey using sunk procedurrs, SBA does not waive any federal isnmuniry from state or Eocal control, penalty, tax, or liability. As to this Guarantee, Guarantor may net olaim or assert any tonal err state lew against S13A to deny any abligatian, defeat any claim of SBA, nr preempt federal law. 6. RlGE1TS: NO'TlCES, AND DBFL'NSES TH.~T' GiSARANTOK'~t+AIVES: Ter the extent patrnitted bylaw, A. Csuarantor waives all rights to: 1) Require presentment, protest, or demand upon 13atrower; 2} Redeem any Collateral before or after Lender disposes ofit; 3) Have any disposition of Collateral advertised; and ~) Require a valuation of Collateral before or after Lender di~oses of it. B. Guarantor waives any nonce of l) Any default under the Nate; 2) Presentment, dishonor, protest, or demand; 8) Execution of the Note; ~) Any act'son nr inaction nn she Note or Collateral, sucb as disbursements, payment, nonpayment, acceleration, intent to acccieratc, assignment, collection activity, and incurring enforccmertt expenses; S} Any ei~anga in the financial condition or business operations tsf Borrower or any guarantor; b) Any changes in the terms of the Note or other Loan Documents, exc;,^pt increases in the amounts due under the Nate; and 7j 7'he tithe er place of any sale or ocher disposition of Colla#eral G GtYarantar waives deftnses based upon any claim that: 1) Lender failed w obtain arty guarantee; 2) Lender failed to tsbtain, perfect, nr maintain a security interest in any property offered or taken as Collateral; 3) Lender or others improperly valued or inspected the Collateral; d) 'i"he Collateral cht:ngnd in value, or was neglected, last, dcstmycd, or underinsured; SBh f orm 7 M18 ?ta108) PtedWU~ 6~i~a vtMOfeie. r~agR 2+S BaRker& Syst8trk5, inc.. Si. Cloud, A+SN 5) Lender impsitrd the Collateral; bj Lender did ant dispose of say ofdte Collateral; 7} Lender did not condt~t a commcrcialiy r+aasortabk sale; 8} Lender did not obtain the fair market value ofthe CoAataral; 9) Lender did not make ar perfect a claim upon the death or disabiltty of Borrow er or any guararttar of the Note; Ioj The financial raonditian of Borrower or any guar$ntar was overstated or has adversely changed; I I) Lender made errors or omissions in Loan Documents or administration ofthe Lanrt; IZj Leader did not seek payment from the Borrawtr, any other guarantors, or atry Collateral before demanding payment tram Guarantor: l3) Lander impaired Guarantor's surstysltip rights; 14j Lender modified the Hots forms, other thsa to increase amounts due under the Note. If Lender modifies the Note io increa~ tht amounts due under the Note without Guarantor's cots~tti, Guarantor will not be liable fur the increased amounts and restated interest aril expenses, but remains liable for all other amaun~; l5j Borrower has avoided liability on the Note; or i G) Lender has taken an action allowed under the Nate, this Guarantee, or other Loan I3acuments. ?. DUTIES AS TO CULL.~TERAL: Gtmrantar will preserve the Collateral pledged by Guarantor to secure this Guarantee. Lender has no duty to preserve or dispose of any Cnltatcral. 8. SUCCESSORS AI+IIa ASSIGI~IS: Cinder this Guarantee, Guarantor includes hairs and successors, and Lender includes its successors and assigx:s. 9. GENERAL PRG+JISIQ~IS: A. ENFORCEMENT BXPlr1'SES. Guarantor promises to pay all expenses Lender incurs to enfbrce this Guarantee, including, but;tot limited to, attorney's fees and costs. l3. SBA `IOT A (:C3-GUARANTOR. Guarantor's liability will continue even if SBA pays Lender. SBA is not a co-gctarantar with Guarantor. Guar~arrtor has no right of contribution from SBA. C. SUBROGATI(7N RIGIiTS. Guarantor has no subrogation rights as to the Note or fire Collateral until the zJctt is paid i:t full. D. JOTNT ANA SEVERAL LIA$ILITX. All individuals and entities signing as Guarantor are jointly and severally liable. E. DOCUMENT SIGNL~IG. Guaramor mast sign al! documents necessary at any time to comply with the Loan Doctrrnenis and to enable Lersder to acquire, perfect, or maintain Lender's liens on Collateral. F. FINANCIAL STATEME?vTS. Guarantor must give Lander financial statetncnts as Candor requires, G. LBIJDIrR'S RIGHTS CUMULA"fIVE, NOT VvAIVIrD. Lender may exercise any of its rights separately ar to~etiser, as marry trrnes as it chnoscs. Lender may delay ar forgo enforcing any afits rights without lasing ar impairing any of them. H. ORAL STATEMEIti T'S NOT $II+I"DNG. tiuarantor may not use an oral statement to contradictor alter the written tct ofthe Note or this Guarantee, or to raise a defense to this Guarantee. S. SEVERABILIT'4'. If eery part of this t'luarantee is found to be unenforceable, all other parts will tamale in effect. J. Ct7NSIDBRATION. The consideration for this Guarantee is the Loan ar any accommodation by Lender as to the Lgan. S!<S'rt Fwm'136 ttarasp Prrsvipis aC"ahrea d»dwts. p~ 315 Bankers Systems, inc., St. Ckurd, MN ~~, 14. STATB-SPEOIFtC PRt3VTSI0iVS: 9. POWER TO CONFESS JUDt3MEtdT. 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 UNDER&iGNE'U AND, WITH OR WITHOUT COMPLAINT Flf.®, CONFESS JUDGMENT, CR A SERIES OF JUDGMENTS, AGAlNuT' THE UNDERSIGNED IN FAVOR OF THE LET+iDER OR ANY l~LDER HEREOF FOR THE ENTtRB PRINCIPAL SALAN{~ OF PHIS GUARANTY, ALL. ACCRUED IM'EREST AND ALL OTHER AtiAt?UNTS DUE HEREUNDER, TOGETHER WITH COST'S OF Si11T AND AN ATTORNEY'S COMMISSION OF 1496 OF SUCH f'RfNClPAL AND INTEREST ADDED AS A REAt30NABLE ATTC?RNI»Y'S FEE, AND FOR DOING SC, THIS GUARANTY OR A COPY VERIFIED i3Y AFF1DAViT SHALL 6E A SUFFfCtEN1' WARRANT. THE WdDERStGNED HEREBY FpRL=VER WANES AND RELE.ASF.S ALL EF'tRORS IN SAID PROGEEDtNC~S AND ALL RIGHTS OF APPF_Al. AND ALL Rf:LIEF FROM ANY AND ALL APPRAISEMENT, STAY OR F.XEMPT~N LAWS OF A1dY STATE NOW IN FORCE OR HEREAFTER F_NACTED. JUDGMENT MAY BE CpNFESSED FROM TN+AE TO TIME UNDER THE AFpRESAID ?OWER TO CONFESS JL'DGMEN'f AND NC SINGLE EXERCISE OF TEIE FOREGOING POWER TO CONFESS JUDGMENT, OR A SE~tIES CF JUDGMENTS. SHALL 8E DEEttitEO TO EXHAUST THE POWER, WHETHER pR NOT ANY SUCH i~CERCISE SHALL 8E HELD BY.'~NY COURT TO BE INVALID, VOIDABt~, OR VC1D, f3UT THE POWER SHALL CONTINUE UNDIMtNISHED AND IT MAYBE EXERCISED FRpM TIME TO TIME AS OFTEN AS THE LENDER SHALL ELECT UNTIL SUCH TIME AS THE LENDER SHALL HAVE RECEIVED PAYMENT IN FULL CF THE DEBT, INTEREST, GOST5 AND FEES. 2. Governing Law; JuriSdickon. This Guaranty wilt be interpreted and the rights and liabilities of the parties hereto determined in aooordancs with the Saws of the Commcxiwealth of Pennsylvania, exduding its confltct of Jaws ruses. The UndersJgrfed hereby irrevocably consents to the exclusive~risdiction of the Courts of Cornrnan Pleas of t11e Cornmorwsafth of Pennsylvania and the United States District Court for the Eastorn District of Pennsylvania; provided that no#hing cruitaiztact in this Guaranty vrsit prevent ~ Lender or any holder hererrF from bringing any actian, enforcw~g any avrard or Judgment or exercising sny rights against the Undersigned, against any security or against any property of the Undersigned within any c~her county, state q other for~gn ar dorra'stic jurisdiction. The Undersigned agrees that the venue provided above is the most rx~nvenierrt forum for both the Lender and the Undersigned and the Undersigned waives any objection to venue. and any objec#ir~ b$sed on a more axtvenfend (arum in any action institut~i under this Guaranty. The Undersigned agrees that service of process in any such proct3edirsg may ~ duty effected upon the Undersigned by maJl~g a copy thereof by registered mat, postage prepaid, to the Undersigned. 3. WAIVER OF JURY TRIAL. THE UNDERSIGNED IRREVOCABLY WAIVES ANY AND ALL RIGHTS THE UNDERSIGNED MAY HAVE TC A TRIAL BY JURY IN ANY ACTION, PROCEEDING CR CLAIM OF ANY NATURE RELATING Tp THIS GUARANTY, ANY DOCUMENTS EXEGIffEC? IN CONNECTION WITH THIS GUARANTY CR ANY TRANSACTION CONTEMPLATED 1N ANY OF SUCH DOCUMENTS. THE UNDERSIGNED AC1QdpWLEDGES TI{AT THE FQf2EGOING WAIVER [S KNOWING AND VOLUNTARY. 58,4 dorm i+i$ (t4fS8) ProwOUS editions d"Odoi>#e. Page dl~ 8artkers Systems, Inc., St. Cla~'d, MN ` , ~ / 2I. GYJAI'LAN'CCJItACKNOWI.BDCrM~NTOP't~RMS. {3uatantor acknowledges that Guarantor has read and understands the signiftcattce ofatl farms ofthe Kota sad this t3uaramec, including all waivers. 22. GUARAiVTOR NAME(S) AND SIGNATURE{S): EY si$rung below, each individual ar entity becomes abIigatad as Guarantor undar this Guarantee. ,fit, ~.~.~_-~/~ ~ ,~`~ ..o~ 2~._.._` Feeba FBl~X ' 39A Pwm t46 (fAr'A8} Pcm.~luue esx3ua+ts ptrsNete. ~ ~ Barkers Systcrns, Inc., Ss. Cloud, t~!v tFt 8oalt ~na,a. ta~ Lratkn U.S: Small Business Adtnirtistra~ion ~~~ SSA Loan # PLP 88~5334U-Q9 SBA Loan Name Unidvtar2 Loan Arrwur~# 523,0~?.00 ~ i 3 lnterest late f°laatEng at WSJ Prime plus Z.St~o re~uit}ng in an initial rate of 8.?.5~ Felix & Sons, tne. dba ilni-Mart Barrows( 3 Operating Company Lender i PNC Bank, Naaionai Association ~ _~~.'~ ___._ t. PRC)?vtTSE TO PAY: .tn ratusn fa; the Loan, Harrower promises to pay to tha order of Lcrxdcr the amaAnt of pave Hundred Trver~ty Three `Chausartd-...,..._~----- .................,._.._........,.____-0011DC Dot}ars, interest an the unpaid pr=.ncipa3 baianee, and at} other amounts required by this Note. i 2. DBFiNIT?O;dS: L "Catiaterat'" means any proporty taken as security far payment of this Note or any guaranteo of this Note. "Guarantor" means each person or entity that signs a guttrantee of payment of this Note. „Loan" moans ttae loan evidenced by This Note. "I~oan }kicumcnts" means the documents reiatt<i ra this loan signed by Borrower, any Guarantor, or anyone who p3ed$cs cot}atcrai. "SBA" means tha Smati Busine~ Administration; an. ASeney of fire Unir~d States of America. 1 58A Fomt ta7 iC+67Q3N323 V~+~`oi', t.t Pa~+e i13 F3anisers Systsrns, irrc., St. Claud, AAN 3. PAYMBN'T"T'I;RMS: Borrower must make ail payments at the place Lender deaignataa. 7'k~ psyrner-t terms for dais Note are; This Note viii mature !n t0 years from date of Not®_ The Interest rate on this Note witi fluctuate. The initial interest rate is 8.25°la per year. This inltka! rte is tt>e prime rate on t#te date SSA received the loan apPlicatlon, plus 2.50%. The initial interest rate must remain !n effect until iha first change period begins. Borrower must pay interest on the disbursed prftacipal balance, bus principal of $4,358.33 every month, beginning one month fra,rn the month this Note !s dated; payments must be made on the first calendar day in the months they are due, Lender will apply each instafiment payment first to pay interest accrued to the day Lender receives the payment,. then to bring Principal current, then to pay any late fuss, arrd will apply any remaining balance to reduce the principal. The interest rate viii be adjusted morrtMy {the "change Period"). The "Prune Rate" is the prima rate in effect on the first business day of the gran#h in ~+vhich an interest rate change occurs, as published in the welt Street Jaurna! on the next business day. The adjusted interest rate wilt be 2.50°!° above the Pr#me Rate. Lender wltl adjust the interest rate nn the first calendar day of each change period. The change in interest rate is effsc#ive on that day whether or not tender gives 8orroaaer 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 SSA purchases the guaranteed portion of the unpaid principal balance, the in#erest rate becomes fixed at the rate in effect at the time of the earliest uncured payment default. !f there is no unettr~;d 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 2ti percent and the roan has been sold on the secondary maricet, Borrower must: (a.) Give !.ender written notice; ;b.) Pay al! accrued interest; and (o.) !E the prepayment is received ass than 27 days from the date tender receives the notice, pay ~n amount equal t4 2'! days' interest from the date Lender receives the notice, less any interest accrued during tfae 2't days and paid under ~bparagraph b., above If Borrower does not prepay within 30 days from the date !.ender receives the notice, Borrower must ghre tender a new notice. Afl remaining principal and accrued interest is due and Payable 90 years from date of Note. tale charge: If a payment on this Note is more than ?0 days late, lender may charge Borrower a late fee of up tc 5°!e of the unpaid portion of the regularly scheduled payment. 3tlh darn 147 (~IOS~flZj ve3ipt5 4,1 PBgY ?1S 68nkerr; Systsrr+s, Inc., St. Clout, Mr`l J ~. DEFAUI..T: Borrowrer is in default under this Note if Borrower dons r>ot make a payment when due under this Note, or if Borrower or Operating Company: A. Fails to da anything requtrpai by this Note apd other Loan Documents; B. Defaults an any other loan with Lender; G. Dace not preserve, or account to Lender's satisfaction far, atay of the Collateral or its pmaoeds; D. Does net disclose, or anyone acting an their behalfdoes net disektse, any material fact trs 7 ender or Sk3A; E. Makes, or anyone acting an their behalf makes, a materially false or misleading represeatation to Larder or SBA; F. Defaults an any loan or agreement with another creditor, if Lender believes the default may materally affect BoiraWL7''S ability is pay tltts date; ~i, fella 20 pay any taxes when due; H. Becomes the .abject of a proceeding under any bankruptcy ar ittsolvency taw; 7 Has a receiver ar liquidator appointed for any part afthor business or property; 7. Makes an assignment for the benatit of txeditars; K. Has arry adverse change in financial condition or business operation that Lrxtder believes may materially affect Borrower's abz7ity to pay this Nate; S., Rcorganiza~, merges, consolidates, ar otherwise changes owntrstrip or business structure without Lender's prior written cansetst; ar 2vI. Becomes the subject of a civil or criminal action that Lender believes may materially affect Borrower's ability to pay Lois I\'oae. .~. I.EA,mER'S IZIGFiTS IF TIiERE IS A DEFAULT: Without notice or demand and witi~out giving up any of its rights, Lender may: A. Require inzrnediate payment of alI amounts owing under this h'otc; B. Collect all amounts awing frota any Harrower or Guarantor; G. File suit and obtain judgment; D. Take possession ofany Collateral; nr F. Sell, lease, ar otherwise dispose of, at~y Go(laterai at public or private sate, with ar tvithoiit advertisement, 6. LETtiDER'S GENERAL POV~ERS: Without notice and without Borrower's consent, Lender may: A. Bad on or buy the Collateral ai its sale ar the sale of another licnhaider, at any price it chooses; B. Incur avpenses to collect amounts due under this Nate, enforce the terms ofihs Noin nr any other Loan Document, and Iueserve ar dispose ofthe Collateral. Among othex things, the expenses rxiay include payments for prnperry taxes, prior fleas, insurance, appraisals, environm~tal ranediation costs, and reasonable attnmev's fees and costs. lf'Lender incurs such expenses, ii may demand immediate repayrnein from Boxro~ver or add the expenses to the principal balance; C. Release anyant obligated to pay this Note; D. Compromise, release, renew, extend ar subscituto any of the Collateral; and E. Take any action necessary to protect the GolIateral or collect amounts awing on this Note. sae €orn, ray {oaro3roxl vsratan ~. t P~j4 3'~i Bant<ete Systems, lnc., St. ~blKi, ~t+I1t' 7. WT•iE1~ FEDERAL LAW APPLIES: When Sl3A is the holder, this Note will be intctprcted acrd enforced under federal law, including SBA regulations. Lender ~ SBA may use state or local psoced'ut~es for filing papers, recording documents, giving notice, foreclosing liens, and other purposes, By using such procedures, SBA does not waive arry federal int:ntmity front state or local carnrol, penalty, tax, or Iiabil'tty. As to this Note„ Borrower may not ctaira or assert a$ain~ SBA any local or state Ia~v to deny any obligation, defeat any ciaira of SBA, or preecupt fcdera! law. 8. SUCCESSORS Alti'D ASSIGNS: Under this Note, Borrower aril Operating Company include the successors of each, mrd Lander includes its sucressars oral assigns. 4. GENiwRAL PR©t~ISiONS: A. All individuals and entities signing this Notc are jointly and severally liable. B. Borrower waives ail suretyship deferucs. C. Botrover must sign alt documents rr+scessary at any time to carnply with the Loan fl~ocusrrents and to enable Lender to aceuin, perfect, or maintain Lender's Liens ar. Collateral. l7. Lender may exercise any of its rights separately ar together, as many times and in any order it chooses. Linder may delay or forge en~'orciraq any of its rights without giving np any of them. 1a. Borrower may not use an oral statemeat of Lender ar SBA to contradict or alter the written terms of this Dote. F. If eery par: of this Note is utrtnforceabte, all other parts remain in effect. G. Ta the extent allowed bylaw, Harrower waives all demands and notices in connection with this 1`irte, including preseatment, demand, protest, atxl notice afdishonor. Harrower also waives arty defuses hasrtt3 upon any claim that Lender di6 not obtain any guarantee; did not obtain, perfect, or maintain a ii~r upon Cnliatcral; impaired Collateral; ar did net obtain the fair market value of Collateral at a sic. st3a Forri ~aa tats+oaio2D vaaa a,~ r'aan are Bankers System&, tree;., St. Claud, Mtn t0. STATH-SPIrCIFIC PROWISIONS: 1. POWER TO CONFESS JUDGMENT, UNDERSIGNED HEREBY EMPOWERS ANY ATTORNEY OF ANY COURT OF ~COF~. AT ANY TIME AFi'EFt Tt°iE OCCURRENCE OF ANY EVENT OF DEFAULT HEREUNDER, TO APPEAR FOR Tl~ ENDERSIGNED AND, WITH OR WITHOUT COMPLAINT FILED, CONFESS JUDGMENT, OR A SERIES OF JUDGMENTS, AGAINST THE UNDERSIGNED 1N FAVOR OF THE LENDER flR ANY HOLDER HEREOF FOR THE ENTIRE PRINCIPAL BALANCE OF THIS NOTE, ALL ACCRUED INTEREST AND ALL OTHER AMOUNTS DUE HEREUNDI=R, TOGE1`NER WITH COSTS OF SUIT AND AN ATTORAIEY'S COMMISSIt)N OF 1CQ;, OF SUCH PRINCIPAL AND INTEREST ADDED AS A RFASt?NABLE ATTOE~IEY'S 1=1:E, AND FOR DOING S0, THIS NOTE OR A COPY VER1FIEt7 9Y AFFfDAViT SHALL BE A SU1=F1ClENT WARRANT. THi= UNDERSIGNED HEREBY FOREVER WAIVES AND RELEASES ALL F..RRORS iN SAID PROCEEDINGS AND ALL RIGHTS OF APPEAL AND ALL RELIEF FROM ANY AND ALL APPRAISEMEt4'1', STAY OR EXEMPI'lON LAWS OF ANY STATE NOW IN FORCE OR i1EREAFTER ENACTED. JUDGMENT MAY 8E CONFESSED FROM T{ME TO TIME UNDER THE AFORESAID POWER TO CONFESS i JUDGMENT AND NO SINGLE EXERCISE OF THE FOREGOING POWER TO CONFESS JUDGMENT, OR A SERIES OF JUDGMENTS, SHALL 8E DEEMED T4 EXHAUST THE POWER, WHETHER OR NOT ANY SUCH EXERCISE SHALL 8E HELD 6Y ANY COURT TO BE INVALID, VUIDABLE, OR VOID, BUT THE POWER SHALL CONTINUE '~ UNDIMINISHED ANC IT MAY 8E EXERCISE4 FROM TIMI= TO TIME AS OFTEN AS THr LENDER SHALL ELECT UNTlL SUCH TIME AS THE LENDER SHALL HAVE RECEIVED PAYMENT IN FULL OF THE DEBT, INTEREST, COSTS AND FEES. 2. Governing Law; Jc~isdiCticn. This Nate viii be interpreted and the rights and liabilities of the parties hereto determined in ac~rdance with the laws of the Cornrrtt~nwealth cf Pennsylvania, excluding its conilicf of favs rotes, 'i't;e Undersigned hereby irrevocably consents to the exclusive jurisdiction of the Courts of Ccmnwn Pleas of the Commonwealth of Pennsylvania arsd the UnEted States Disirlct Court for the Eastern Dishici of Pennsyhran'sa; provided that nothing c~nt8lned in this Kota wr~i pr@vent the Lander er any holder hereof from brfnging any action, enforcing any award or judgment or exercising any rights against the Undersigned, against any security or a~Iainst arty property of the Undersign~i ovsttvn any other county, stars or other foreign or domestic jurisdiction. The Undersigned agrees that the verve provided above is the nxsst ctmverrleni forum for bout the Lander and the Ur~erslgnad and the Undersigned waives arry objet#lon to venue and any ott}ect3on based on a more ~nvenient frmrm in any a~iorr instituted under th)s Nnte. The Clndarsigtted agrees that service of process in any such proceeding may be duly effe~;ted upon the Undersigned by rrtalling a Dopy thereof by registered mail, Postage Prepaid, to the Undp..rsignsd. 3. WAIVER OF JURY TRIAL. THE UNDERSIGNED IRREVOCABLY WAIVES ANY AND ALL RIGHTS TH>r UNDERSIGNED MAY hWVE Tfl A TRIAL BY JURY IN ANY ACTION, PROCEEDING OR CLAIM flF ANY NATURE RELATING TO THIS NOTE, ANY DOCUMENTS EXECUTED iN CONNECTION WITH THIS NOTE OR ANY TRANSACTION CONTEAAF'LATED tN ANY OF SUCH DOCUMENTS. THE UNOERSiGNi wD ACICNt3LVLEDGESTNAT THE FOREGOING WAIVER IS KNOWING AND VOLUNTARY. 38A Foms tA7 (09NJd02t Vrnaian a.t ~~ r~ l3anlcers Systems, ire., St. Clavd, fu1N l l i. BORRCfSxJElt'S NAMES} AAtb 81C3NATURE{3}; ,.! Sy signing below, each individual or entity becoaxa obligated under pia Note as Bon-ower. Fix & Sons, lnc, dba Uni-tvlart Styrrr~Ntt~ Felbc, F'residertt t/ ~ Q r~ ~ >^, u 5 S$A form !4i jCB.!03h?2) Vgreipn d.! ~a 616 Bankers Syst~rns, tnc., St Cio~xl, MN Amendment to I7S Small Business Administration dote _. . 1,~ J ~~ PNC~A~.~lh~. ~~ T}IIS AMENDMENT T{7 US SMALL BYl51NFSS ADMliVlSTRATtON NOTE (this "Amendmen#"} is malt as of Marsh 9, 240b, by and between FELiX & St)NS, lNC. DBA ll1YIMART (the "Borrower"), and I'NC HAMS, NATIONAL A~OCIATION (the "Sank"). BACKGROUND A. Tits Borrower has executed and delivered to the Bank {ar a prrdecessar which is now known by the Bank's name as set fonh above), a tJS Srna!! Business Administration Nato, which is morn Hilly described on attached Exhibit A, which is made a part of this Amendment (t:oilectiveiy as amended from time to tit»e, the "Lopn Doevt»ents") which evidences or secures some or alt of the Borrower's obligations to the Bank for one or mare Loans or other extensions of credit {the "Obti$ations"j. B. The Borrower and the Sank desire to amend the Loan Documents as provided for in this Amendment. NOW, Ti~t)~RIFORE, in consideration of the mutual covenants herein contained and intending to ba legally bound hereby, the parties hereto agree as follows: 1. Certain of the Loan t7ocuments are amended as set forth in Exhibit A. Any and ail references to any Loan Document in any other Loan Document shall be dtemed to refer to such Loan Document as amended by this Amendment, This Amendment is deemed incorporated into each of tht Loan Documents. Any initially capitalized terms ustd 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 nconsisttnt with any term of provision in any Loan Document, the terms aird provisions afihis Amendment shall control. 2. The Borrower hereby certifes that: {a) al3 of its representations and warranties in the Loan Documents, as amrnded by this Amendment, are, except as may otherwise be stated in this Amendment: {i) true and collect as of the date of this Amendment, (iij ratified and confirmed without condition as if made anew, and (iiij incorporated into this Amendment by reference, (b) no ?rvcnt of Default or event which, with the passage of time or the giving of notice of both, would constitute an Event of Default, exists under any Loan Document which will net be cured by the execution and effcctfveness of this Amendment, {c) no consent, approval, order or authoritarian of, ar registration ar filing with, any third party is required in connection with the execution, delivery and carrying out of this Amendment or, if required, has been obtained, and {d) this Amendment has bean duly authorized, executed and delivered so that it constitutes rho legal, valid and binding obligation of the $pmtwer, cnfot~eeable in accordance with its terms. The Borrower confirms that the gbligations remain outstanding without defense, set off. counterclaim, discount or charge ofany kind as of the date of this Amendt. 3. 7'he Borrower hereby confirms that any collateral flu the Obligations, including liens, secnt~ity interests, mortgages, and pledges granted by the Borrower or third parties {if applicable), shall continua unimpaired and in full force and effect, and shall cover and sure all of the Borrower"s existing and future Obligations to the Bank(, as modified by this Amendment]. 4. As a condition precedent to the efTtctiveness of this Amendment, the Borrower shall comply with the terms and conditions {if~y) specified in Exhibit A. 5. This Amendment may b~ 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. Detivcry of an executed counterpart of a signature page to this Amendment by facsimile transmission shall be efT'ective as deity counterpart, Any party so exewting this Amendment by Facsimile transmission shall rem ~ of a manually executed counterpart, provided that any failure to do so shall net affect the validi of the cota~rtye deliver a manually executer transmission. ~' rPat't executed by facsimile Form i~A - iNnttivtsts Rsv. 3149 - ____._. 6. This Amendment will be binding upon and inure to the benefit of the Borrower and the Sank and their respective heirs, exaxutors, administrators, successors and assigns. 7. This Amendment has been de}ivercd to and accepted by the Sank and will be deemed to be made in the State wham the Bank's office indicated in the Loan Documents is located. This Amendment will be interpreted and the rights and liabilit}es of the parties hereto determined in accordance with tine taws of tht State where the Bank's offrce indicated in the Loan I3oautnertts is located, excluding its conflict of Paws rules. 8. Except as amended hereby, the 2ertns and provisions of the Goan t)acuments remain unchanged, arc and shah remain in futt force and effect unless and unti} modifies or amended in writing in accordance with their terms, and arc hsreby ratified and confirmed. Except as cxpressiy provided herein, this Amendment shad oat constitute an amendment, waiver, consent or release with respect to any provis}an 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 Sank's rights and remedies {ail ofwhich arc hereby reserved). The Borrower expressly ratifies and confirms the confession of judgment (if appiicabie) and waiver pf jury trial provisions contained in the Laaa Documents. WITNESS the due execution of this Amendment as a document under seal as of the date first written above, 'WITNESS 1 ATTES ~~ ~ Print Namme: ~`.S~0.--' .~ o C~~ Title: L J~Otflt^Y- t21L.,.. Od {includt title only if an officer of entity fining to the right) FE & SUNS, INC. DBA ITNIMART $y.Y . (SEAL) Cornelius Felix President ANC BANK, ATI4 S30CIATION By: Print Narrte: l~~t~ _~'~ (SEAL) r Title: 2 ' Form f 7A - Muhistate Rev. 3M4 ' EXHIBIT A TO AMEI~'DMENT TD LOAN DOCUMENTS DATED MARGIN 9, 2406 A. 'fhe "Loan Documents" that are the subject of this Amendment include the following (as any of the foregoing have ptaeviously been amended, modified or otherwise supplemented}; / 1. US Small Business Administration Note dated May 9, 2(!05 in the original principal amount of $523,000.00 {the "Note'. 2. ' All other documents, instrtunents, agreements, and certificates executed and delivered in connection with the Loan Documents listed in this Section A. 'l3. The Loan Documents are amended as follows: The repayment schedule is hereby rnodifred as defined below: "The interest rate on this Note will fluctuate. The initial interest rate is 5.25% per year. This initial rate is the prime rate on the dale SBA received the loan application, plus 2.50%. The initial interest rate must remain in effect until the first change period begins. Borrower must pay principal and interest payments of $b,094.?4 every month, beginning ane month from the month this Amendment is dated; payments must be made on the first calendar day in the months they are due. The nierest rate will be adjusted monthly (the "change periad'~. 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 2.5©%o above the Prime hate. I.,ender will adjust the interest rate on the ftrst 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 SHA 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 not uncured paymern 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 9 years and 2 months from the date of this Amendment. Notwithstanding any provision in thts note to the contrary: ~ - Strom t ~x - Muitksiate Rev. 3tsg r r _ ._. -. Harrower rnaY prepay this Note. Borrower may prepay 20 percent ar Less of the unpaid principal balance at any time without notice. If 13arrower prepays mare than 20 percent and the Loan has been sold on the secondary market, Harrower must: a. Give Lender written notice; b. Pay alt accrued interest; and a If the prepaymem is received less than 21 days frarn the date Lender receives the native, pay an amount equal to 21 days interest from the date Lender receives the notice less any interest acvrucd during the 21 days and paid under subparagraph b., above. Late Charge: If a payment an this Nate is mare than l4 days late, Lender may charge Horrawer a late fee of up to 5°l° of tht unpaid portion of the regularly scheduled payment." G. Conditions to Effectiveness of Amendment: The Hank's willingness to agree to the amendments set forth in this Amendment are subjevt to the prier satisfaction of the following canditians: 1. This Amendment to Loan Documents duly executed by Borrower and $ank. 2. The Consent of Guarantors to this Amendment to Loan Documents duiy'executed by all Guarantors. - ~ - Farm t7A - Muitfstate Rey, 3f44 ~~~~~~ ~1 r Discasure far Confes~~an ~f ,~udgment ~ ~'~~~~~• (Guarantor) t~Ad~~r,ra. xA'VSEDDti1T ~ ~~ ~~~ s~~e ~~ ~ ~7~~ sender: P?~C BANK, NATIOIYA~., ASSOCIATION $$U4'TX1YiCiJhi BO'fJUEVARD PIiIT~ADEi+PFIX~1, PA 19153 The undersigned has executed, axidlor is executing, on or about the date herea~ a I;S Smaii Bl~iness Admiuistratian tiuaranty and Com,Ixiexaial t~raaty, iu respect of the obligatians awed tcs Lender by FEiaZX & SOI~iS, II'v'C. dba'Lfic'tM.A.RT under which the undetsigued is obligated to tray axKtinics to LelxiPx. A. "~ Ilt3DERSICr:V ED ACI~'iVt1'~NLEDri'ES A"aD AGRF.~;3 TEAT 1'HE ABO~ L~OC[ThT CON'CALVS ~'ROVISION5 U~TDE12 l'V111CH~.,E"3DE[LMAY'!~'~tTER.~UDGc'~'V'I'BYCOlYFE3SiOttiAOAt'l'STTI~[1~IDF~tSICr7t'~D. BFI'GFl1LI.YAWA~LEOF3T5RTGR'tSTb P.RtOR'1i0TICE A:~.D i4 HEARING Oti"1J3E VALIDYI'Y VF ANY J1?l+'wT OR O'1'HEIt CLAIMS THATlVIAY 33~e: A,^wRER'I'ED AGAllVST IT BY I..1~'DERTHERET+"NDERBE~'ORB:.IUDG~t'ENTIS~'TERED,'TiJEI:fI~"DL~RfitGNEF~H'EREBX~REELl', KNOWiNGLX,4,+tAIN'tELLlG~1VTT.Y w,4IYE.5 THESE 12IGHTS AA'D £.XPRISSSLY AGRRFS A'~D COir'SENTS TO Lt~YDt:It'S F.~TERIl~`G JIIDG!-ISNtT AGAINST cI' lIY GONFESSCON PURSLtAh t"IY7 T 1'ER~S T£tERFQF. $. THE I.~'DERSIGNEl3 ALSO AC,'IS,~OwLEDCES AIrD AGRT~S THaT T~ ABOVE DCK:ll~fE>i'C COh"fAL*d8 PROVISIOi~S ~tr'OER Vti'HICH LE:~iDER !KAYO AFTER ENTRY OF JISDGA4E~`'T Ah'D i~'I"CI30L"f EI'PFIE12 NOTICE OR A 1'IEARIi\'G, z; 4R>4Ci ~osE UPO;ti€, ATTACH, LEVY TAKE YO,'SS6SSIOi'I OP OR OTHERWISE SEIZE PROPTRTY OF TftE UNABTt.51G;VE~S IN FULd. OR FARTLIL PAYMEtv"r OF TH£ diiil~I`. $EI~iG FiTI.I.'Y~AYt'ARE OB ITS RIGHTS AFTER 3UDGM.ENT LS E-~1'TPREIi (TItiCLi1DII~IG'THE RIGHT TO?tiCfvE'I'O OPFXy OR STRIKE 71iE,ItrDGME?V`i'}, TBE tl~'DERSIGIti'ED HERESY FREELY, KNO~'VT~iGI.X Ah"b INIFd..I.IGR.~ITLX ~'~ISV In', t7S RIGH'TYs TO ~O7'ICE AND A HEAR4tiG A,'~I) EYPI2FSSI,Y AGREES A`ID COIYSEdVT'S TO LENDER'S TAKING SUCH ACTIO"IS AS M,AY BE PBRM1SlTTTD U*. ibER AYI'Y.ICABI.,L STATE A2~D REDER,IL I.AW i~'YPtIQUT PR10R Atd'3'fCE TO 7HE iS~IDF.~iLSIGNFT3. C. The undersigned certfias that a represeslratz~~e of Lender ~aecificatly cailecl tkae confession of jud~csltprovisions in the above document tc> the attention ofthe undersig~d, andlor thattheiuuiersignedwas regrascntedbylcgal co~uzsel in connection a~tll the above dociunent, D. Tha undersigned hereby certifies: that its annuli income exceeds ~ It?,fl4(3= that ail references to the undersigned a'tsavc refer to all persons and endtirs signing beiow•; anct that the undetsigr-ed receic~; d a copy hereof at tits tune of sigxting. Dated: -~3:~4~+~s~~D FF~BA FE G:ti)OC(.}"CIE--t°~iw2t7~-I.P~i~tt.C3CAI,5-~I1Te~rsp~C.?votes.DataL`~A~ED con#:rantor.cinc Fmn; 9C - FA Rev. 3194 ~'~n.~ l l `` ~» ~~~~~~x .Tune s, 2ao~ Certified and Regular Mail Felix & Sans Inc Mr. Cornelius Felix, President 1206 Ranca Street Fountain Hill, Pennsylvania 18x15 Aquilla Felix 1206 Ranca Street Fountain Hill, Pennsylvania 1$015 Feeba Felix Naveed Duff 15833 '73~d Street IS833 73`~ Street Flushing, New York 11366 Flushing, New Yark 1136b RF: Loan #321.85549/602551888 Dear Mr. Felix: Felix & Sons, Inc., is in default of their obligations to PNC Bank (the "Bank") far failure to make payments an the $523,QOO.Ofl Iran {the "Loan") as required in the Promissory Nate that evidences the Loan and the Guaranty flgreement{s) that secures the Loan. As a result of the default of your obligations to the Bank, the entire outstanding amount of the I.,aan 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 $412,495.62 Interest $ 57,413.3b {as of bl07/07) Late Charges $ 3,047.40 Total $472,956.38 Interest continues to accrue at the rate of ~I21.49 per day through the date an which payment is received by the Bank. In addition to the amounts set forth shave, you will be responsible far payment ar reimbursement to the Hank ft~r ali attorneys' fees incurred. or paid by the Bank with respect to this matter. Member of Tha PNC Financial Services Group 2A1 Penn Avenue Scranton Pennsylvania 1$503 vrww,pnt.com k ~ ~:, b.+ «a~~ Page 2 Please make arrangements far payment in foil 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) 9b1-62b6 Fax: {570)961-b240 Neither this letter nor anything cpntained herein waives, limits or otherwise affects in any way the Bank's rights tp exercise and enforce its rights and remedies fpr collection of your obligations tp the Bank, all of which are reserved by the Bank, and remain in full farce and effect, enforceable by the Bank at any time pn or after the date of this letter. We look forward to receiving payment in full of your obligations to the Bank in the immediate future. Otherwise, the Bank may have na alternative bat to initiate collection proceedings. if you have any ques-bons pleas ca11 me at 570-96I-b2b6. Thank you in advance far your cooperation in this matter. Sincerely, ., Kyra F. Zoran ' Assistant Vice President r'i r°~ ` ._. - ) ; - . - ' i7 __~, ` _~ i,: ' ° I "+.> ,.., .- I r..~ ~.+".3 .. --~ i COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION PNC BANK, NATIONAL ASSOCIATION, DOCKET Nd. 07 ~ y3;;8 C+v,l T~er~ Plaintiff : v, CONFESSIdN OF JUDGMENT NAVEED DUTT AND FEEBA FELIX, Defendants PREVIOUSLY ASSIGNED TO: N/A NOTICE UNDER RULE 2~k58.1 OF JUDGMENT AND EXECUTIOl'~ THEREON NOTICE OF DEFENDANT'S FIGHTS TO: Naveed Dutt and Feeba Felix A judgment in the amount of $525,481.70, plus interest, otheer expenses, fees and costs has been entered against you and in favor of the plaintiff without any prior notice or hearing based on a confession of judgment contained in a written agreement or other paper allegedly signed by you. The sheriff may take your money or other property to pay t'~e judgment at any time after thirty (30) days after the date on which this notice is served on you; You may have legal rights to defeat the judgment or to piievent your money or property from being taken. YOU MUST FILE A PETITION SEEKING ~ELIEF FROM THE JUDGMENT AND PRESENT IT TO A JUDGE WITHIN THIRTY (3b) DAYS AFTER THE DATE ON WHICH THIS NOTICE IS SERVED ON YOU OR YOU MAY LOSE YOUR RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE, THE OF~ICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION AB~JUT HIIZING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGEN~IES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FE$ 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: Ge e :Shull, Esquire up e Court ID #24848 100 Pine Street, PO Box 1166 Harrisburg, PA 17108-1166 (717) 237-5439 Attorneys for Plaintiff ~ ~-~ ^ i "., ~'~ ~ '° : , v ~ .~ ~,...~ j ; ~,, ; ~ _ . -~ ._., ., ,~ _. t`-7 "' ~ , ~ -< COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION PNC BANK, NATIONAL ASSOCIATION, :DOCKET NO. ~ - N 35 S e,- ~ ~ t Te t''r~ Plaintiff v. :CONFESSION OF JUDGMENT NAVEED DUTT AND FEEBA FELIX, Defendants :PREVIOUSLY ASSIGNED TO: N/A AFFIDAVIT OF NON-MILITARY SERVICE TO THE PROTHONOTARY: I do certify, to the best of my knowledge, that Defendants, Naveed Dutt and Feeba Felix, in the above-captioned action are not presently on active or nonactive military status. Respectfully submitted, McNees Wallace & Nurick LLC Date: July ~ , 2007 By: eo S huff, Esquire rem ourt ID #24848 100 Pin treet, PO Box 1166 Harrisburg, PA 17108-1166 (717) 237-5439 Attorneys for Plaintiff {"~ ~J CJ r., `- _..., ~ ~.~.. 4 \1 -a... ~, +,'~, ~. ~ + :!~, j t„~.+ I COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION PNC BANK, NATIONAL ASSOCIATION, DOCKET NO. O'T- 4358 Civi l ~e~m Plaintiff v. NAVEED DUTT AND FEEBA FELIX, Defendants 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 201 Penn Avenue, Scranton, PA 18503; and that the last known address of Defendants, Naveed Dutt and Feeba Felix, is 15833 73'~ Street, Flushing, NY 11366. Respectfully submitted, McNees Wallace & Nurick LLC Date: July 2007 By: offr S Shuff, Esquire rem ourt ID #24848 100 Pine Street, PO Box 1166 Harrisburg, PA 17108-1166 (717) 237-5439 Attorneys for Plaintiff ~~ ~-- ~ _ ; ~:,_, - , `~ r' f T r..~_ .:r:r -n ~. ~,, ~.r, - r~ -> `~~ `.J COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION PNC BANK, NATIONAL ASSOCIATION, DOCKET NO. D7- H35$ Civi (TP~f'M Plaintiff v. CONFESSION OF JUDGMENT NAVEED DUTT AND FEEBA FELIX, 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. Shull, Esquire McNees Wallace &Nurick LLC 100 Pine Street, PO Box 1166 Harrisburg, PA 17108-1166 (717)237-5439 Date: July ~ 2007 Respectfully submitted, McNees Wallace &Nurick LLC By: ffr Sh ,Esquire e Co ID #24848 100 Pine Street, PO Box 1166 Harrisburg, PA 17108-1166 (717)237-5439 Attorneys for Plaintiff ("~ N : a %~~ C" _~ '7~ _ ~: <:`~ a, --,;-: - `- . -;.. ~. ~ ~, _: ; , ,f ~. , COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CNIL ACTION PNC BANK, NATIONAL ASSOCIATION, :DOCKET NO. ~7- ~{3~' ClVil ~P.rm Plaintiff v. NAVEED DUTT AND FEEBA FELIX, Defendants To: Naveed Dutt and Feeba Felix, Defendants CONFESSION OF JUDGMENT PREVIOUSLY ASSIGNED TO: N/A You are hereby notified that on ~ ~ ~L a~ , 2007, judgment by confession was entered against you in the sum of $525,481.70, in the a ve-captioned e. DATE: ~ 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 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 Defendants stated in the certificate of residence: Naveed Dutt and Feeba Felix 15833 73`~ Street Flushing, NY 11366 ~~ A, Naveed Dutt and Feeba Felix, 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 $525,481.70, 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 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: Naveed Dutt and Feeba Felix 15833 73'~ Street Flushing, NY 11366 A d e emandante(s) COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION PNC BANK, NATIONAL ASSOCIATION, DOCKET N0.07-4358 Civil Term Plaintiff v. CONFESSION OF JUDGMENT NAVEED DUTT AND FEEBA FELIX, Defendants :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. Naveed Dutt and Feeba Felix 158-33 73`~ Avenue Fresh Meadows, NY 11366 Respectfully submitted, McNees Wallace & Nurick LLC Date: July,~~ 2007 By: ~1 creme Court I~S #24848 100 Pine Street, PO Box 1166 Harrisburg, PA 17108-1166 (717) 237-5439 Attorneys for Plaintiff ~ __--.. ?1bQ 3901.9849 9718 9317 .~.p. Feeba Felix Naveed Dutt j i 158-33 73rd Avenue ~ Fresh Meadows, NY 11366 i SENDER: Geoffirey S. Shull REFERENCEPNC Bank oc G...n 9iiM _mru~arv 9nfK RETURN Postage RECEIPT ~~~ Fee SERVICE Retum Receipt Fee ' Restricted Delive 0 Total Postage & . US Postal S@fViC® r POSTMARK~R f~'Fp , ` Receipt for ~~~- ~ (,1j11~ i Certified Mail i No Inaurarx:s Careraga Provided i Do Na uae for Nrtarnatlornl Mail U SQ S 2. Article Number I • :,. Pfl114G~Ipadl~'~'"•, n$~D l6'`Gt~pi 7160 3901 9849 9718 9317 ~ D. le aeu~ery edaress aiflerent trom nem t ~ ^ Yes n YES, enter delivery address below: ^ No -8. Service Type CERT4FIEO MAIL 4. Restricted DeBvery? (Extra Fee) ~ QYes 1. Article Addressed to: _ Feeha Felix Naveed Dutt 158-33 73rd Avenue PNC Bank Fresh Meadows, NY 11366 Geoffrey S. Shull PS Form 3811, January 2005 Domest'~c Return Receipt C"J r•.a ~ ~ c~ ~.` = rte- ~, ~_ ~ _ ~` ~ _ ~~ ~~ A~ ~ ~~ . t~ ca