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HomeMy WebLinkAbout07-4495COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION PNC BANK, NATIONAL ASSOCIATION, DOCKET NO. D'7- yyQS l:,ivi 17erM Plaintiff v. CONFESSION OF JUDGMENT FELIX & SONS, INC., 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 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 $ 47,4 TOTAL: Date: July, 2007 $525,481.70, plus interest, other expenses, fees and costs Respectfully submitted, McNees Wallace & Nurick LLC By: G S huff, Esquire uprem ourt ID #24848 100 Pine Street, PO Box 1166 Harrisburg, PA 17108-1166 (717) 237-5439 Attorneys for Plaintiff ..p O -3 .~ -~. t? ^' o o n ~ ~ci~; c~ ~_ ~-- ` U1 p ~` t..._ `T' - ~ -Q~ n -~ .:: r-- l ~.. -- ~- D ~ ,., ~ x- COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CNIL ACTION PNC BANK, NATIONAL ASSOCIATION, DOCKET NO. ~~- y4Q5 ~t~' ~ er'M Plaintiff : v. FELIX & SONS, INC., DBA UNI-MART, Defendant CONFESSION OF JUDGMENT PREVIOUSLY ASSIGNED TO: N/A COMPLAINT FOR CONFESSION OF JUDGMENT UNDER RULE 2951 1. The Plaintiff, PNC Bank, National Association, is a national banking association organized and existing under the laws of the United States of America with a principal regional office located at 201 Penn Avenue, Scranton, PA 18503 (the "Plaintiff'). 2. The Defendant, Felix & Sons, Inc., dba Uni-Mart, is a Pennsylvania corporation with a last known address c/o Cornelius Felix, President, 1206 Ronca Street, Fountain Hill, PA 18015 (the "Defendant"). 3. The Defendant executed and delivered to the Plaintiff 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 "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 $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_26 TOTAL DUE: $525,481.70 10. 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 Defendant, Felix & Sons, Inc., dba Uni-Mart, in the amount of Five Hundred Twenty-Five Thousand Four Hundred Eighty-One and 70/100 Dollars ($525,481.70), plus interest at a rate equal to the Prime Rate published in the W 11 Street _Tnurnal, plus two and one-half percent (2.50%), adjusted monthly, through the date of payment, including on and after the date of entry of judgment on this Complaint, and for other expenses, fees and costs to which the Plaintiff maybe entitled. Respectfully submitted, McNees Wallace & Nurick LLC Date: July~2007 B ~--- . S , ,Esquire Supreme Court ID #24848 100 Pine Street, PO Box 1166 Harrisburg, PA 17108-1166 (717) 237-5439 Attorneys for Plaintiff COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION PNC BANK, NATIONAL ASSOCIATION, Plaintiff DOCKET NO. v. FELIX & SONS, INC., DBA UNI-MART, Defendant CONFESSION OF JUDGMENT PREVIOUSLY ASSIGNED TO: N/A VERIFICATION I, Kyra E. Zoranski, Assistant Vice President for PNC Bank, National Association, being authorized to do so on behalf of PNC Bank, National Association, hereby verify that the statements made in the foregoing pleading are true and correct to the best of my information, knowledge and belief. I understand that false statements herein are made subject to the penalties of I8 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. BANK, NATIONAL ASSOCIATION /~ / Date: I l~ ~~ By: ~ ~~ Kyra . Zoranski Assis t Vice Pres' ent as snru wso' usi rt=nu~+ U.S. Small Business Administration '~` NC1TE SSA l.oatt # ~_ _ PLP 8825334U-63 { S$A Loan Name Uni-tvtart ~ Elate ,~? t_oan Amourrt a23,OCH1.00 Interest t7ste Fioatirsg ai SNSJ Prime pis 2.5Cf9'c resulting in an initial rate of $.26°!0 Felix & 5ans> tnc. dba tlni-Marf Bgrrvwer CUperatirig ~ .. .__..- Catnpatty l.er~er ~ PNC Sank, idationai Assgciatinn 1. PRdI~iISBTOPAY: do return for the I,pa3T, Barrpwer prx>mises to pay tp the ordCr pf Londer the amvustt pf Five Huraired'fv~enty'1'hree Thgusand---- -- ----OQi X04 t3pt3ars, interest pn the unpaid prttcipa3 balance, and at3 ether tunnunts required by this Nate. i ~. n~>:INZ~Ir,NS: ~ "Cpttateral" means any property taken as security for payment pf this Ngte or any guarantee pf this Note. „Guarantor" means each {person pr entity that signs a ~uacantee ofpayment of this Ngtc. "Loan"moans ttte loan eviaenced by this Note. "I..oan I)acumcnts" means the documents related to this loan signed by 33prrpwer, any Guarantor. or anyone ~~h:3 ' p3edgcs cg33ataral. "S33A" means tha Stnnlt Busing Administration, an Agency of the United States of America. SSA P~cm ~ 47 lt~031Q2} version <.t Hsi 313 Saniters Systems, Inc., St. Cloud, A9N l 3. PAYMENT TERMS: Harrower must make alt payments at the place l.cndcr dcmignates. 7'he payment terms far this Natr ~,n•• This Note will mature ~ 10 years from date of Note. The interest rate an this Note wiii fluctuate. Ths initial interest rats is 8.2596 per year. Thts initlal rate is the prime rate on th+s date SBA reoeived the loan application, plus 2,5t)9{,. The initial interest rate must remain ~ et~ct until the first change period begins. Borrower must pay interes# on the disbursed principal batanee, plus prineip~ of ~4,35t3,33 every month, beginning one month from the manfh this Hots is dated; payments must be made on the first calendar day in th® months they are duo. Lander will apply each insta8ment payment first to pay interest accrued to the day Letnder receives the payment, then to bring principal current, then to pay any late fees, and Kn'f! apply any remaining balance to reduce the principal. The interest mate wiii be adjusted monthly {the "change period"), The "Prime Bate" 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 Walt Strut Joumai on the next business day. The adjusted interest rete wiii be 2.50°!° above the Prime Rats. Lender wiii 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 native of thv t;ha»ge. Lender must ad}ust the payment amount at least annually as needed to amor#ize principal over ttze remaining term of the note. if S8A purchases the guaranteed portion of the unpaid principal balance, the interest rate becomes 5xed at the rate in effect at the time of the earliest uncured payment default. if there is no uncun;;d payr~nt 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. Harrower may prepay 20 percent ar less of the unpaid principal balance at any time 'without notice. if Borrower prepays more than 20 percent and the Loan has bean sold on the secondary market, Borrower must: {a.) Live Lender written notice; {b.) Pay aU accrued interest; and {c. j tf the prepeyme»t is received loss than 21 days from the date Lender receives the notice, pay an amount equal to 21 days' interest from the date Lender receives the notice, less any interest accrued during the 21 days and paid under subparagraph 6., above. if Borrower does not prepay within 30 days from the date Lender receives the notice, Borrower rnusR give Le»dtr a new notice. Ali remaining principal and accrued interest is due and payable 90 years from date of Nate. late t;hargs: if a payment on this Note is more than 10 days late, Lender may charge Borrower t3 late fee of up to 596 of the unpaid portion of d~ regularly scheduled payment. °~E ~,......., ~~......,.. Asa zre Bankers Systems, Inc., St. Claud, hAAi d. DEFACSI T: Borrower is in default under this Note itBon'owar dose net make a paymetu when due under this Note, or if Borrower or C)perating Company: A. Fails to da anything rcqu$ed by this Idotc and other Loan Documents; ~. Defaults an any other loan with Lender; C. Does not preserve, or account t9 Ltmder's saiisfaction for, ady of the Collateral ortts proceeds; D. Does not disclose, or anyone acting on their behalf dace not disch~e, any matey ia] tact to Lender or SBA; E. Makes, or anyont acting on #ht;ir behalf makes, a tnaterialiy false or misisadiag representation to Lender or SBA; F. Defaults on any Iaan or agreement with ancxher creditor, if T,endcr believes the default may materially aft'ect Borrower's ability to pay this Nara; G. l: ails to pay any taxes when due; H. Becomes the subject of a proceeding larder any battkntptcy or ittsolvency law; I. Has a receiver or liquidator appointed for any part of thou business or propetry; I. Makes an assignment for the benefrt of creditors; K. Has any adverse change in financial condition or business operation that [,ender be!}eves may materially affect Borrower's ability to pay this Note; S.. Reorganizes, merges, consolidates, or athenvise chances ownership or business structure without Lender's prior written conffient; nr M. Bccontes the subject of a civil or criminal action that Lender believes may rrtaterially affect Borrower's ability to pay L?vs \roEr. 3. I.EhTl3ER'S RlCiF3"lS IF THERE IS A D];P~UI,T: Without notice or demand and without giving up any of its tights, Letxier tttay: A. Require inrrnediate payment of a!1 amounts owing under this Note; B. Collect all amounts awing from any Borrower or Guarantor; C. Pita sett anti obtain judgment; D. Take possession ofany Collateral; or F. Sall, lease, ar othervise dispose af; az~y Collateral at public or private sale, with or without advertiscmeni 6. LE1tDl~R'S C;ENfiRAL POiTr'F'RS: Without notice and without Borrower's consent, Lender may: A. Bid on or buy tite Collateral ai its sale or the sale of another liathntder, at any price it chooses; B. Incur expenses to collect amounts due under ibis Note, enfaree the terms ofthis Noie or any other 1 oan Document, and preserve or dispose ofthe Collateral. Arixxtg ether tltutgs, the ezpen~s rosy include payments for property taxes, prior liens, insutancc, appraisals, aivironmenial rerrtediation costs, and reasonable aiton~y's fees and costs. If Lender incurs such expenses, ii may demand. it»rncdiata repayrrtern from Borrower or add the expenses to the principal balance; C. Release anyarte obligated to pay this Nate; D. Compromise, release, renew, extend or sub~ih+te any of the Collateral; and lw Tatra any action necessary to protect the Collates! ar collect amounts owing on this Nate. 38A Ewer tC/;trc2y vsraac3n ~.1 F?;ga 3+G Bankers Systems, Inc,, St. Cbuc1, lYiN 7. WREN FEDERAL LAW APPLIHS; When SBA is the holder, this Nate will be intttpreted and cnforeed under federal law, including SBA regulations, Leader or SBA tttay use state or local procedures for filing papers, recording documents, giving notice, foreclosing liens, and otlxr purposes. By usipg sugh procedures, SBA does not waive any federal immunity from state or lor~tl control, penalty, tax, or Liability. As to this Nate, Harrower may not cteim or assert against SBA any local ar state la~v to deny arty obiigatign, defeat arty claim of 5BA, ar preempt fcdera! law. B. SUCCESSORS AldiJ ASSIGNS; Under this Plate, Borrower and pptrating Company include the successors of each, and Lender includes its sucxtssots and assigns. 9. GEldl~RAL Pltt')VISIQNS: A. Alt individuals and entities signing this Nate are,joitrity and severally liable. B. Borrower waives aL' suretyship defenses. C. Borrower must sign all documents nsccssary at any time tq comply With the Loan 1>ocusnents and to enable Lander tq acquire, pcrfeot, or maintain Lendet's lsens on Cgllaterai. D. Lender may exercise a.,rry of its rights separately qr together, as many times and in any order it chooses. Lender may decay or forgo ensorcing any of its rights witAotrt giving up any of them, E. Harrower may not use an oral statement of Lender or SBA i4 contradict or alter the written terrr:s of this l+ote. F. if arry part of ibis Nate is unenforceable, at1 other parts remain in effect. G. To the extent allowed by taW, Borrower w~iveS all demands and notices in connection with this Nara, including presentment, dcmartd, protest, and natict ofdishonor. Borrower also waives arty defenses basari u~pan any claim that Lendez did not obtain any guarantet:, did not obtain, perfect, or maintain a ties upon Caliatcral; impaired Collateral; at did not obtain the fair market value of Collateral at a sale. ~3A FQrm oar (OK+03fa2} vars~n o, ~ Page act; t3atrrkets System, lrsc., St. Claud, Mid I0, STATE-SPIWCIFIC PROVISIONS: 1. POWER TO CONFESS JUDGMENT. UNDERSIGNED HEREBY EMPOWERS ANY ATTORNI=Y OF ANY COURT OF RECORD. AT ANY TIME AFTER Tt-~ OCCURRENCE OF ANY EVENT OF DEFAULT HEREUNDER, TO APPEAR FOR Tt~ tNDERSIGNED AND, WITH OR WITHOUT COMPLAIi~IT FILED. CONFESS JUDGMENT. OR A SERIES ~ JUDGMENTS,. AQAlNST THE UNDERSIGNED IN FAVOR OF THE LENDt~'t OR ANY HOLDER HEREOF FOR THE ENTIRE PRINCIPAL BALANCE OF THIS NOTE, ALL ACCRUED INTEREST AND ALL gTHER AMOUNTS DUE HEREUNDER. TOGETHER LNITtt COSTS OF SHIT AND AN ATTORNEY'S COA+IMISSiON OF 10°,ro OF SUCH PR~PAL AND INTEREST ADDED AS A REASONABLE ATf01~1+lEY'S Pte, AND FOR L?OiNG SO, TH[S NOTE ~ A COPY VERIFIED CiY AFFfOAViT SHALL BE A SUFFICIENT WARRANT. Tf iE UNdEfRSIGN~7 HERESY FOREVER WAIVES ANfl RELEASES ALL ERRORS W SAID PROCEEDINGS AND ALL RIGHTS OF APPEAL AND ALL RELIEF FROM ANY AND ALL APPRAiSEMEtdT, STAY OR i~CEMPTION LAWS OF ANY STATE NOdV IN FORCE OR HEREAFTER ENACTED. JUDGMENT MAY Bi=CONFESSED FROM TIME Tq TiME UNDER THE AFORESAtD POWER Tq CONFESS ',JUDGMENT AND NO SINGLE EXERCISE OF THE FOREGOING POWER TO CONFESS JUDGMENT, OR A SERIES OF JUDGMENTS, SHALL 8E DEEMED TO EXHAUST THE POWER, WHETHER OR NOTANY SUCH EXERCISE SHALL 6E HELD 8Y ANY COURT TO f3E INVALID, VOIDABLE, OR VOID, BUT THE POWER 5HAl.L CONTINUE ~ UNOtMINISI-iEED AND tT MAY BE EXERCESED FROM TIME TO TIME AS OFTEN AS THE LENDER SHALL Et.i=CT UNTIL SUCH TIME AS THE LENDER SHALL HAVE RECENED PAYMENT IN FULL OF THE DEBT, INTEREST, COSTS AND f`EES. 2. Gaverr~ng Law; Jurisdiction. This Note wits be interpreted and the rights and liabilities of the parties hereto determined in 2ccordance with the Iowa of the Cpmmanwsalth of Pa;nr~ylvania, excluding Its asnflict of {aws rotes, 'fhe Undersigned hereby inevoca~y consents to the sxdusive jttrisdictiora of the Courts of Ccrrrmon Pleas of the Cornmonweaith of Pennsylvania and the United States Disirict Court for the Eastern Distract of Pennsylvans; provided that nothing corrtatnsd In this Hots will prsver-i ttae Lander or arty hoar ttsreaf from twinging any action, erforcing any award or judgment or exercising any rights against the Undersigned, ~ainst ~+ security or against gray property of the Unciersigrasd within arty other county, state or otter foreign or darn~tic jurisdictlara. The Urrdersignsd agrees that the verve provided 2bove is the rnost cpnvenlsni forum for both tha3 Lender 8nd the Undersigned std the Undersigned waives arty objsctton to venue: and any ot~jection based on a r~rre conven'sent frxvm in any action irstitutsd urx9er This Hots. The Undersigned egress that senriCe of process in any such proceeding may be duly effected upon the Undersigned by maiiirtg a copy thereof by registered mail, postage prepaid, to the Undsrr5igraeci. 3. WAIVER OF JURY TRIAL. THE UNDERSIGNED IRREVOCABLY WAIVES ANY AND ALL RIGHTS TPi6 UNDERSiCNEb 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 CONTEMf't.ATED tN ANY OF SUCH DOCUMENTS. THE UNDERSIGNED AQfCNOWLEDGES THR7 THE FOREGOING WAIVE=R tS KNOWfNG AND VOLUNTARY. 58?. Form t e7 (D91g3102i Vara7on d.1 ~~ge ~ Bankers Systems, Inc.. St. Cloud, MN .. 11. BORRt7WER'S NAlb1E{5} ATdD 81G?~1ATLJRE(S}; By signing below, each individual or antiry becomes obligated under this Notc as Borrower. feitx & Sons, fnC, tlba Uni-!U)art e~~ f=~i>~, r~resi~er~ Co tz~ ~ ~-, u 5 S8k Form to i {Otl.A3/92) Vaeaian J, s Raga sn Bankers Systems, tnc., Si. C)oud, t~N ~~ ~,n ~ ~Y Amendment to US Small Business P1wC~.~.N1~, Administration Note TNlS AMENDMENT TO tJS SMAIJL B~ISiNESS ADMtNISTRATtON NOTE (this "Amendment") is made as of March 9. 20Q6, by and between F'ELiX Bt SODS, i1NC. DSA UNIMART {the "Borrower"), and PNC BANK, NATIONAL ASSOCtATiON (the "i3ank"). , BACKCROUNo A. Tht Borrawtr has executed and delivered to the Bank (or a predec~ssar which is now known by fire Bank's name as set forth shave), a tJS Srttnll Business Administration Note, which is more tLlly described on attached Exhibit A, which is made a part of this Amendment (collectively as amended from time to time, the "Loan iMcvmeota") which evidences or secures some or al! of the Borrower's obligations to the Bank for one ar more loans or other extensiaas of credit (the "Obllgatlans'~. 8. The Harrower and the Bank desire #o amend the Loan Documents as provided for in this Amendment. NOW, Tt~#£REFC?RE, in consideration of the mutual covenants herein contained and intending so ba regally bound hereby, the parties hereto egret as follows: 1. Certain of lire Lean Documents art amended as sat forth in Exhibit A. Any and all references to any Lean Document in any other Loan Document shall ba dtemed to refer to such t.,oan DocumtnE as amended by this Amendment. This Amendment is dctmtd incorporated into tacit of the t..aarr Dactrrnems. Any initially capitalizai temrs used in this Amendment without definition shat! have the meanings assigned to those terms in the Loan Documents. To the extant that sny term or provision of this Amendment is or may ba inconsistent with a»y term or provision in any Loan Docrtmant, the terms Bird previsions of this Amendment shall control. ~. The Borrower htroby certifies that: {a) ell of its represtntatians and warranties in the Loan Documents, as amended by this Amendment, art, except as may otherwise be stated in this Amendment: (i) trot and corrtct as of the data of this Amendment, (ii) ratifrtd and conf3r-med without condition as if made anew, and (iii) ncor~arated into this Amendment by reference, (b) no Event of Default or event which, with the passage of time ar the giving of notice or both, would constitute an Event of I~fanlt, exists under any Loan Document which will not be cured by the execution and effectiveness of this Amendment, (e) no consent, approval, order or authorization of, or registration or fitin$ with, any third parry is required in connection with the execution, delivery and carrying out of this Amendment or, if retluitrxi, has barn obtained, and (d) this Amendment has beta duty authorized, executed end delivered so that it canstitutts the legal, valid and binding obligation of the Bprrawtr, enforceable in accordance witty its Corms. The Borrower confirms that the tJbtigations remain outstanding without defense, set off, counterclaim, discount or charge o#'any kind ss of the date of this Amendment. 3. T'he Borrower htrtby cvnfirnrs that any collateral for the t3bligaiions, including liens, security interests, mortgages, and pledges granted by the Harrower or third parties {'if applicable}, shall continua unimpaired and in full farce and effect, acrd shall cover and se~urt all of the Borrower's existing and future Obligations to the Bank[, as modititd by this Amendment}. 4. As a condition precedent to Ure effectiveness of this Amtndmtnt, the Berrawtr shall comply with tht terms and conditions {ifany) specified in Exhibit A. 5. This Amendment may b~ signed in any number of counterpart espies and by the partite to this Amendment on separate counterparts, but alt such copies shall constitute one and the same instrument. Delivery of an txecu#ed counterpart of a signature page tv this Amendment by facsimile transmission shall be cff'ectivt as delivery of s manually executed counterpart. Any party sa txcwting this Amendment by facsimile transmission shall promptly deliver a manually executed cxtunterpert, provided that any. failure ro da so shall not affect the vaJ'tdiry at' the counterpart executed by facsimile transmission. t~orm 17A -Multistate Rev. 3149 r, J 6. This Amendment will bt binding upon and inure to the benefit of the Borrower and the Bank and their respective heirs, txccutors, administrators, successors and assigns. T. This Amendment has been delivered to and accepted by fire Sank and will Ise deemed to be made in fihe State where the Bank's affict indicated in the Loan Documents is located. This Amendment will be interpreted and the rights and liabilities of the parties hereto determined in accordance with the laws of the State where tht Bank's affect indicated in the Loan IMcuments is located, excluding its conflict of laws rules. 8. F.atcept as amended hereby, the terms and previsions of the Lean Documents retnain unchanged, are and shad remain in fait force and effect unless and until modif~d or amended in writing in accerdanct with their terms, and art hereby ratifkd and contrmed. Except as expressly provided herein, this Amendment shall net constitute an amendment, waiver, cansent ar release with respect to any provision of any Loan Document, a waiver of any default or 1~vent of Default under any Loan Document, er a waiver or rakase of any ofthe Bank's rights and rerttfldies {aU of which are hereby r+estrved}. The Borrower expreuly ratifies and conftrma the confession of Jadgment (if applicable} and waiver of Jury trial provisions contained in the L.oarr Documents. WITNESS the due execution of this Amendment its a document under seal as of the date first written above. 'WITNESS J ATTES ~~ ~~ ~ Print Na~e:_;,,,~-1,50. ~ ~~ Q C,r.~n'~ Title: I'~k'o~nr~r rte-, ~~.a T1`E~ & SONS, INC. DBA ITNIMART a~.y ~-~- (SEAL) Cornelius Felix President {include titlo only if an officer of ~tity(slgning to the right) I'NC BANK, ATIC? SSOCIATI07~I Hy: {SEAL) Print hiarrte:_ ~~___~__~~~ ^'t''" ~......_ Title: - 2 - Form 1?A -Multistate Rev, 3f94 ' E~{HIBIT A TO AI~iEIti'DMENT TU LflAN DOCtTMI1rNTS DATED MARCH 9, 200 A. The "Loan Documents" that are the subject of this Amendment include the following {as any of the foregoing have previously been amended, modified or otherwise supplemented): ~ i. tJ5 Small Business Administration Note dated May 9, 2005 in the original principal amount of $523,0OO.OQ (the "Note"). 2. ' AA other documents, instruments, agreements, and certificates executed and delivered in connection with the Loan 1ocuments listed in this Section A. 'B. The Login Documents are amended as follows: The repayment schedule is hereby modified as defined below: "The 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 initial interest rate must remain in effect until the first change period begins. Borrower must pay principal and interest payments of $6,0rI4.74 every month, beginning one month fmm the month this Amendment is dated; payments must be made on the first calendar day in the months they are due. The interest rate will be adjusted monthly (the "change perad'~. The "Prime :bate" 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.SClo1a 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 whoiher or not Lender gives Borrower notice of the change. bender 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 not uncured payment default, the rate becomes fixed at the rate in effect at the time of purchase. All remaining principal and accnaeci interest is due and payable 4 years and 2 months from the date of this Amendment.. ` Notwithstanding any pmvision in this note t© the contrary: - 3 - ~'ucm 17A - Mnltkciate i2ev. 3199 ' _ _ ~ ~.._ ..w~. _ 4._~_.~ Borrower may prepay this Nate. Borrower may prepay 20 percent or less of the unpaid principal balance at any limo without notice, if 'Harrower prepays more than 2a percent and the Loan has bean said an the secondary market, Borrower must: a. Give Lender written natict;; . 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 2l days interest from the date Lender receives the native less any interest accrued during the 21 days and paid under subparagraph b., above. Late Charge: If a payment an this Note is mare than 10 days late, Lender may charge Harrower a late fee of up to 5% of tht unpaid portion of the regularly scheduled payment." C. Conditions to Effectiveness of Amendmem: The Bank's willingness tt7 agree tc> the amendments set forth in this Amendment are subject to the prior satisfaction of the fallowing conditions: 1. This Amendment to Loan Documents duly executed by Borrower and Bank. 2. The Consent of Guarantors to this Amendment to Laan Documents duly executed by all Guarantors. - ~ - Form 17A - Mattfstate Rev, 3199 `l ~~~~ Dxsc~osure for confession of Judgment PN'~.~~ Uand-usigt~tl: ~'ELIX & St3NS, YNC, dba UN~-MART 1148 SAS AVENUE BB1tWICK, ~'A Z86t13 Leander: PI~C BANK, NATIONAL ASutlCYA.TIC~N $$Dfl TA~'iCCJA+L BCIULEVARD P~.ADEL~°ffiA, PA 19zS3 'The endersn'~ned has excacuted, audtor is executing, on or about flee date herca~ the £oltawiug dacunaertt(s) under which the uncIersigued is ohltgated w repay monies to Leisdtr. U.S. Small BuSi~ss Administration Nate, A. Tdi€ UNDERSIGNED AC~G*tbWL£DGE5 AND AGdiFfES'd`IIAT TfiE AHCIVE DOCiJMEN'rS Cc~1TA1I~T PROYIShc1N5 UNDER WdltGitLEt~DERh1AY£NTERJUDCANTS"YGOfiF£SSdU3~tAGAfNSTTH$13NtDSTC~R'£D. $G~FULLYAWAR£C}~'t'CS5RICrHTSTO PRIOR N(YIiCE AND AHEARRI?3GC1iV THE VALID1TYtR+'A*~'Y1UDGd1d~N'T' UR tRC~.AIM.S'd'~A7'NdAY~EA53E,[i'T£D AC•AitvSl" Cf BY ~.,E?V'AER TfI£REtRVD£R BEFt>RE~tF.~FiTdS ~N1 ERdt.D, TH8 UNDER9dG~VED kIEi~BY d~.Y~ KNU~eGE'Y ANA ti..LiGBi~1T.Y wAtYES TT3~8 RIG~tT3 +~Nb £2LPRESSLY A~t~ AND Ci3~tSEN'1'S TQ LEP'3DER'S C~VTERIPtfr JUDGtI' AGAl.~tST Pf BY, GovFESSio*r PCRSLsANT TO TddE Td~tA3S . $. THE UNDERSdC~t£i? Ad.SU AGdGh'UWI.£DGE5 AIYD AGd3EES THAT'T~ ABOVE DOCiiIFTL'C4'I'5 COIYTAdty PROViSIt3tvS UVD£IL Vr'ditCH LENDS:x HdAY, AF'i'£R E?iTRY OP JtlDGMI~X+T AND wiTHOUT 1177€EA NOTiGE E)R A HEARING, F'oRX;GLbSE Ud'ON, ATTACH, LEVY, TAKE POSSE~''iltAti OP'OR bRwl$ESg17.~pROd'£RTY bP"t'fIEUNDEItSIC~tED n'r FULL oR PARTIAL PAYMd~VT bP' THE JUDGMEtv"i'. B£T~'YG FtiLLY AWARd•: aF' rIS R7Gf-Tf'5 A1~'TL"R J"C'DCrhzEi~tT IS F,NTERED ~S;VCC.CiDING "CIdE R[GEri' TO MCY'4T'Tb CR'£,*I bR STR.IKL TfiE,Tt; t3GMEN7'), THE UA`D£RSIG;`~ED HF.itE:BY FRLY, dCVbwINGLY AND tT1TE1LIGRNTl.Y w?adVES rrs RIGHTS Tb ttiOTiGE AND A diYrARiNG A:'tiD F.Xi'RESSI,Y AGREES A.ND GONSE.NTS Ta LFR'~"DSR'S T.~1t{]^IG SUCId ACTi033S AS iYtA'!' BF P£R,tidiTT£D UNDER APYI.iCABLE SCATS AND F£DSR+1L LAZY W I"i`Fibt~T PRdpR NOT'[G£ TA THE UPVA£RSIG:~iEA. C. The tmdersid rerii flee that a repr~entati~e of Lender specificaltY called the Ganfession of judgn~nt ~rovins in the shave documents to tfle attrntiou a£' the uzclersigued, and~or that the undersigned v'as represented b)r Icgal counsel in cannectian with the above dacuac»enis. D. The undersigre~i hereby ccxtifes: that its anmcal iz~caxnes exceeds ~10,t1t}4; that all refel•cnces to the undersigned , shave refer to all persons and entities signing below; and that, the undersigned received a copy hereof at the time; of signing. I~atecl:~~;~~f~~? )~LLX & S, LNC. db~ Lfi'L'~ZART C-F' ~~~~., lfELUC, PRE~ID)F~N~' Cc~t2~~ ~,t u s P~v~~~~ .Cone 8, 2007 Certified and Regular Mail Felix & Sans Inc Mr. Cornelius Felix, President 120b Konca Street Fountain Hill, Pennsylvania 18015 Aquilla Felix 1206 Ronca Street Fountain Hill, Pennsylvania 18015 Feeba Felix Naveed butt 15833 73`~ Street 15833 73'~ Street Flushing, New dark 113bb Flushing, New York 113b6 RE: Loan #32185549tb02551888 Dear Mr. Felix: Felix & Sons, lnc., is in default of their obligations to PNC Bank (the ``Bank") for failure to make payments an the $523,000.00 loan (the "Loan") as required in the Promissory Note that evidences the Laan 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 I..oan 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 $412,445.b2 Interest $ 57,413.3b {as of 6!07/07) Late Charges $ 3,047.40 'Total $472,956.38 Interest continues to accrue at the rate of $121.49 per day through the date an 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 ffJr all attorneys' fees incurred. or paid by the Bank with respect to this matter. l~ismber of Tike pNC financial Services Group 2p1 Penn Avenue Scranton Pennsgtvania i$5ti3 www, pnc.cum ~~c~^i~~~ ~~ C~~ Page 2 Please make arrangements far payment in full of your obligations to the Bank by contacting the F3ank, as follows: Kyra E. Zara,nski Assistant Vice President 201 Penn Avenue Scranton, PA 18503 Phone: {570j 961-6266 Fax: (574}961-6244 Neither this letter nor anything contained herein waives, limits or otherwise affects in any way the Bank's rights to exercise and enforce its rights and remedies for collection of your obligations 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 look forward to receiving payment in full of your obligations to the }3ank in the immediate future. Otherwise, the Bank may have na alternative but to initiate collection proceedings. If you have any auestians please call me at 570-961-6266. Thank you in advance far your cooperation in this matter. Sincerely, Kyra E. Zorans ' Assistant Vice President. ~~ N -~ .~.. `,~ ITl ~ I ~ ~ ~ ~- r ~,.~ (_i ~.,~ 3°j+ , 1 ~ tLJ ~r ~~ ~ ~'~~ ~ `~ A ^ C_ ~,p TS T r CJ i .ti COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION PNC BANK, NATIONAL ASSOCIATION, DOCKET NO. p'1.. y[~js ~ i v~ l I'P,rn'1 Plaintiff v :CONFESSION OF JUDGMENT FELIX & SONS, INC., 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: Felix & Sons, Inc., dba Uni-Mart A judgment in the amount of $525,481.70, 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 gy; e -huff, Esquire S e Court ID #24848 100 Pine Street, PO Box 1166 Harrisburg, PA 17108-1166 (717) 237-5439 Attorneys for Plaintiff Q --r . 5' .J " ~ ~:: , ` ~ L ~ ~ ~' ~ r ~ ~~ ~~- -~~~ y ~ t~ ..~ ]L-.Cyj ~ COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION PNC BANK, NATIONAL ASSOCIATION, DOCKET NO. ~~- ~/N9S CiVc I ~er-~-~ Plaintiff v. FELIX & SONS, INC., DBA UNI-MART, Defendant CONFESSION OF JUDGMENT PREVIOUSLY ASSIGNED TO: N/A AFFIDAVIT OFNON-MILITARY SERVICE TO THE PROTHONOTARY: I do certify, to the best of my knowledge, that Defendant, Felix & Sons, Inc., dba Uni-Mart, in the above-captioned action is not presently on active or nonactive military status. Respectfully submitted, McNees Wallace & Nurick LLC Date: July~U, 2007 By: G y S. Shull, Esquire upreme Court ID #24848 100 Pine Street, PO Box 1166 Harrisburg, PA 17108-1166 (717)237-5439 Attorneys for Plaintiff C7 o O o -r~ -v ~ < ~-- . ~,_, r-" ~.. W ~Q ~, r. ~~ _.... C? t'j ~a ~J ~~ ~ ...C , COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION PNC BANK, NATIONAL ASSOCIATION, :DOCKET NO. ~'l- !~/!~/95 Ci vi ~ T!„rrvt Plaintiff v :CONFESSION OF JUDGMENT FELIX & SONS, INC., 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, Felix & Sons, Inc., dba Uni-Mart, is c/o Cornelius Felix, President, 1206 Ronca Street, Fountain Hill, PA 18015. Respectfully submitted, McNees Wallace & Nurick LLC Date: JulyN, 2007 gy, or ui~; Esquire reme ourt 1D #24848 100 Pin Street, PO Box 1166 Harrisburg, PA 17108-1166 (717) 237-5439 Attorneys for Plaintiff C ~ ~ ~ _.., ~-- ~? ~~~ tom-' rn ~ ~__ ~ ~~ ~'~~ ' ~ ~, ."~ COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION /y PNC BANK, NATIONAL ASSOCIATION, DOCKET NO. D7 - ~I ~,SCIV i ~ ~el"~'l Plaintiff v. FELIX & SONS, INC., DBA UNI-MART, Defendant CONFESSION OF JUDGMENT PREVIOUSLY ASSIGNED TO: N/A To: Felix & Sons, Inc., dba Uni-Mart, Defendant You are hereby notified that on , 2007, entered against you in the sum of $525,481.70, in the a}~Qve-captione DATE: by confession was 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: Felix & Sons, Inc., dba Uni-Mart c/o Cornelius Felix, President 1206 Ronca Street Fountain Hill, PA 18015 orne or Pl 'tiff -~ r . -z A, Felix & Sons, Inc., 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 $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 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: Felix & Sons, Inc., dba Uni-Mart c/o Cornelius Felix, President 1206 Ronca Street Fountain Hill, PA 18015 C"a ^s d °°~ 1 U f //~++~ , „~, C ~ y. .j . r. ~ ""` ~ ~ . ~ ` .Y COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION PNC BANK, NATIONAL ASSOCIATION, Plaintiff v. DOCKET NO. ~' Hy45 (~ Zvi l Tet'Iv~ CONFESSION OF JUDGMENT FELIX & SONS, INC., 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. Shuff, 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: July 2007 By: y .Shuff, Esquire Supreme Court ID #24848 100 Pine Street, PO Box 1166 Harrisburg, PA 17108-1166 (717) 237-5439 Attorneys for Plaintiff c ~. ~~~ ~ -,, ~ ~ c a ~~ ,x,. a. _. ':,.. ~ - . C r~ ~- E- : ~~-' 3a. .. ~ C~~ w orn ~ ~ ~( COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION PNC BANK, NATIONAL ASSOCIATION, Plaintiff v. FELIX & SONS, INC., DBA UNI-MART, Defendant 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. DOCKET NO. 07-4495 Civil Term CONFESSION OF JUDGMENT PREVIOUSLY ASSIGNED TO: N/A Felix & Sons, Inc., dba Uni-Mart c/o Cornelius Felix, President 1206 Ronca Street Fountain Hill, PA 18015 Respectfully submitted, McNees Wallace & Nurick LLC Date: Augus~r~ 2007 By: G o . Shu ,Esquire eme Co ID #24848 100 Pine Str et, PO Box 1166 Harrisburg,f PA 17108-1166 (717) 237-5439 Attorneys for Plaintiff . ~ __ __ ._ ~ 71t~GI 3901 9849 9718 4497 ', TD, Felix & Sons, Inc., db:. LTni-Mart ' c/o Cornelius Felix, President 1206 Ronca Street Fountain Hill, PA 18015 Geoffrey S. Shuff I' SENDER: ~, REFERENCE:PNC Bank ` i PS Fortn 3800 Janus 2005 RETURN P~ta9e RECEIPT Certified Fee SERVICE Return Receipt Fee Restricted Delivery Total Postage & Fees US Postal Servk~ Receipt for ''~~ Certified Mai! ~~ No Insurarlw Coverage ProvWsd Oo Not Use for InMrnatbrwl Mag 2. Article Number --------'~____ -----_------ .,~ • • A. Received i~ any) C. Signature p~- 7160 39019849 9718 4497 X `~ D. Is delivery a real different from ttem 17 _ It YES, enter livery address below: 3. Service Type CERTIFlED MAIL 4. Restricted Delivery? (Extra Fee) QYes i 1. Article- Addressed to: Fci;x & Sons, Inc., dba Llni-Mart i c/o Cornelius Felix, President 1206 Ronca Street PNC Bank fountain 1-Iill, PA 18015 Geoffrey S. Shuff PS:,Form 3811, January 2005 Domestic Retum Receipt, Date o,r ~~ Agent Addressee Yes No C r°~ O ~t~ ~ ~r~ G ' - .c' 3.. . 7 f7? rn,. ~~- t ~~ - t~ ~, ~ ~ v ~ ~ . ~ r t_4-. ~.~ ~ t`Tj .~ -r ~ fV ~'' W