HomeMy WebLinkAbout07-5992COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION
PNC BANK, NATIONAL ASSOCIATION, :DOCKET NO. O''I- 5q'9 d1 ~ i v i L TP r"tvl
Plaintiff
v. :CONFESSION OF JUDGMENT
MAYANK PATEL,
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 $192,716.56
b. Interest $ 8,215.78
c. Late Charge(s) $ 832.56
d. Attorneys' Fees $~,~93.23
TOTAL: $221,858.13, plus interest, other
expenses, fees and costs
Respectfully submitted,
McNees Wallace & Nurick LLC
Date: October ~~ 2007 By: ~~ ~,
Geo y S. Shull, Esquire
upreme Court ID #24848
100 Pine Street, PO Box 1166
Harrisburg, PA 17108-1166
(717)237-5439
Attorneys for Plaintiff
~ ~ '
COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION
PNC BANK, NATIONAL ASSOCIATION, DOCKET NO.
Plaintiff
v.
CONFESSION OF JUDGMENT
MAYANK PATEL,
Defendant :PREVIOUSLY ASSIGNED TO: N/A
COMPLAINT FOR CONFESSION OF JUDGMENT
UNDER RULE 2951
1. The Plaintiff, PNC Bank, National Association, is a national banking association
organized and existing under the laws of the United States of America with a principal regional
office located at 201 Penn Avenue, Scranton, PA 18503 (the "Plaintiff').
2. The Defendant, Mayank Patel, is an adult individual whose last known address is
13 Gardenia Court, Sayreville, NJ 08872 (the "Defendant")
3. The Defendant 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 Defendant guaranteed to the Plaintiff the payment of all
amounts due to the Plaintiff by KDN Enterprise, Inc., d/b/a Uni-Mart (the "Debtor") under a U.S.
Small Business Administration Note dated March 9, 2006, in the original principal amount of Two
Hundred Ten Thousand Dollars ($210,000) (the "Note"), a true and correct photostatic reproduction
of the original of which is attached hereto as Exhibit "B" and made a part hereof.
5. The Defendant 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 Defendant is in default of the Defendant's obligations to make
payment to the Plaintiff under the Guarantee. As a result of the Debtor's and the Defendant's
defaults, the Plaintiff has demanded payment of all outstanding amounts as provided in the Note,
which are now due and payable in full.
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 Defendant as a
result of the Defendant's defaults under the Guarantee is as follows, as of September 26, 2007:
a. Principal $192,716.56
b. Interest $ 8,215.78
c. Late Charge(s) $ 832.56
d. Attorneys' Fees ~i X0,093.23
TOTAL DUE: $221,858.13
11. Interest continues to accrue at a rate equal to the Prime Rate published in the Wall
Street Journal, plus two and one-half percent (2.50%), adjusted quarterly.
WHEREFORE, Plaintiff, PNC Bank, National Association, demands judgment against the
Defendant, Mayank Patel, in the amount of Two Hundred Twenty-One Thousand Eight Hundred
Fifty-Eight and 13/100 Dollars ($221,858.13), plus interest at a rate equal to the Prime Rate
published in the Wall Street JnLrnal, plus two and one-half percent (2.50%), adjusted quarterly,
through the date of payment, including on and after the date of entry of judgment on this
Complaint, and for other expenses, fees and costs to which the Plaintiff maybe entitled.
Respectfully submitted,
McNees Wallace & Nurick LLC
~-~ d'7
Date: October~D, 2007 By: r~"}
eo uff, Esquire
u reme urt 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
v.
MAYANK PATEL,
Defendant
DOCKET NO.
CONFESSION OF JUDGMENT
PREVIOUSLY ASSIGNED TO: N/A
VERIFICATION
I, William J. Durdach, Jr., Vice President for PNC Bank, National Association, being
authorized to do so on behalf of PNC Bank, National Association, hereby verify that the statements
made in the foregoing pleading are true and correct to the best of my information, knowledge and
belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.
Section 4904, relating to unsworn falsification to authorities.
PNC BANK, NATIONAL ASSOCIATION
~s
Date: ~~//~//jam, ~ By:
/ William J. ach, Jr.
Vice President
~~~.
~~g~S~.
U8 9n a 8ittlna paiaiasatioa
U.S. Small 13asincss Administration
'~` UNC4NDIT10NAI. GUARANTEE
SBA loan # PlP 12740860-07
SBA !Darr Name KDN Entorgisse, inc. d?bJa Urd-Mari '
Guarantor MAYANtC PATEI
$orrower KDN Enterprisa, Inc. tt-bJa Uni-Mart
terms PNC Bank, National Association
t3ate
Note Amount 210,t~0.bb
). GUAIZ,~NTEII:
guarantor unconditionally guarantees payment to Ltndtr of ail amounts owing undtr tht Note. This Guarantte remains
in efftct until the Note is gain in fu1L gwrantor must pay all amounts due under the Mott whtn Lendtr makes written
demand upon Guarantor. Lendtr is not rtquirtd to seek payment from any odrer sourer before dtmanding nnyment from
Guarantor.
Z. NOTE:
The "Note" is the promissory nott dated ~" ~`~~'' in the principal amount of
TWO HUNDRED TEN THOtJSAND ----~-•-_-__-------~--~.0/5.00 T7o11ar.+,
from Borrower to Lander. It includes any asswnption, renews!, substitution, or t~latetnent of the Note, and muttip{t
notes under a line of credit.
3. DEFlNlT1ONS:
~ "Collates!" ratans any property taken as s~urity for payment of the Note ar any guarantee of the Nate.
i "Loan" ratans the loan evidenced by the Nott.
"Loan Documents"means rho documents rtlattd to the Loan signed by Borrower, Guarantor or any other guarantor, or
anyone who pleztgts Coilaterai.
"Sl3A'"means the Small Business Administration, sn Agency of the United States of America.
56.0. fOMt t+Ia (ttrsay Peavim~ asnb OaedOta. AsBs 1t5
Bankers Systems, Inc., St. Cicxrd. MiJ
4. LENDER'S GENERAL POWERS:
Lender may take a»y of the following actions at any timt, without notice, Without GttararttOT'S consent, and without
making demand upon Guarantor':
A. Modify the terms of the Note or any ether Loan Document except to increase the amounu due under the Note;
B. Refrain from taking any action on the Note, the Cvltatsral, or any guarantee;
C. Release any Borrower or any guarantor of the Note;
D. Compromise or settle with the Harrower or any guarantor of the Nato;
E. Substitute or rtlt~se any of the Coilatcrai, whether or net Lender receives anything in rctum;
F. Foreclose upon or otherwise obtain, and di~se of, any Collateral at public or private salt, with or without
advertiserneni;
G. Sid ar buy at any sale of Collateral by Lender or any other li~thotder, at any price Lender chooses; and
13. Exercise any rights it has, including those in the Mott and other Loan Documonts.
Thcsc actions wil I not release ar reduce the obligations of Guarantor or create any rights or claims against Lender.
5. FEDERAL LA1~v:
When SBA is the holder, the Note and this Guarantee will be construed and ettfarctd under federal taw, including SBA
regulations. Lender or SBA may use start or local procedures for Cling papers, recording documents, giving notice,
foreclosing tuns, and other purposes. ay using such procedures, SBA does not waive any fedcxal immunity from state or
local control, penalty, tax, or liability. As to this Guarantee, Guarantor may not claim or assert any }oral or state taw
against SSA to deny any obligation, defeat any claim of SBA, or preempt federal law.
6. RIGFITS, NOTICES, AND DEFENSES THAT GUARANTOR WAIVES:
To the extent pctmimd bylaw,
A. Guaramar waives all rights to:
1) Require presentment, protest, or demand upon Borrower;
2) Redeem any Cottatcrai before or aRtr Lender disposes of it;
3) Mavc any disposition of Coitaterat advertised; and
4) Require a valuation of Callattxai before or otter Ltndtr disports of it.
E3. Guarantor waives any notice oI:
2) Any default under the Nate;
2) Frosentment, dishonor, protest, or demand;
3) Execution of the Note;
4) Any action or inaction on the Natc or Collateral, such as disbutsemenis, payment, nonpayment, acccieration,
inunt to acctlcratc, assignment, collection activity, and incurring enforcement expenses;
5) Any change in the financial eondrtian or business operations of Borrower or any guarantor;
G) Any changes 'tn the temts of the Nate or other Loan Documents, cxc4:pt increases in the amounts due under the
Note; and
7) The lima ar place of any sale or other disposition of Collateral.
C. Guarantor waives defenses based upon any claim that:
l) Lender failed to obtain any guarantee;
2) Lender failed to obtain, perfect, or main~in a security interest i» any property offered or taken as Collateral;
3) Lender or others improperly valued or inspected the Collateral;
4) The Collateral changed in value, or woe negletted, lost, dtstroycd, ar underinsured;
SBA form 148 (te18t{t Prsvlais sGitlons oyameta. Pape ~'
Bankers Systems, inc„ St. Cloutl, MN
5} Lender impaired the Collateral;
6) Lender did not dispose of any of the Collateral;
7) Lander did not conduct a commercially reasonabic sate;
8) Lender did not obtain the fair market value of the Collaural;
9) Lender did not make or ptrfect a claim upon the death or disability of $orrowcr or any guarantor of the
Note;
I t)) The financial condition of IIorrowtr or any guarantor was overstated or has adversely changed;
! t) Lender made errors or omissions in Loan Documtnts ar administration of tht Loan;
I2) Lender did not seals payment from dte Borrower, any other guaearttots, or any Collateral bcfort demanding
payment from Guarantor:
13) Lender impaired Guarantor's suretyship rights;
tA) Lender modified the Note terms, other than to incrtasc amounts due under the Note.. If Lender modifies the
Note to increase the amounts due undea the Note without Guarantor's content, Guarantee will not be liable
for the increased amounts and rclateti interest and expenses, but remains liablt for al I other amomtts;
I S) Borrower has avoided Iiablliry on the Note; or
I ti) Lender has taken an action allowed under tht Nate, this Guat~arttee, or other Loan Documents.
7. DUTIES AS TO COLLATERAL:
Guarantor will preserve the Collateral pledged by Guaranty to secure this Guarantee. Lender has no duty to preserve
or dispose of any Collateral.
8. SUCCESSORS AND ASSIGNS:
Under this Guamntce, Guarantor includes heirs and successors, and Ltnder includes its successors and assigns.
9. GENERAL PROViSlONS:
A. ENl:ORCEMENT EXPENSES. Guarantor promises to pay all expenses Ltnder incurs to enforce this Guarantee,
including, but not Jim"sttd ta, attorney's fern and casts.
B. 5BA NOT A CtI.GUARANTOR. Guarantor's liability will continue even if S$A pays Lender. S$A is not a
co-guarantor with Guarantor. Guarantor has no right of contribution from 5BA.
C. SUBROGATION RIGHTS. Guarantor has no subrogation rights as to the Note or the Collateral until the Notc is
paid in full.
D. JOINT AND SEVERAL LIABILITY. Afl individuals and entities signing as Guarantor are jointly and severally
liable.
E. DOCUMENT SIGNING. Guarantor must signal! documents nccc~ary at any time to comply with the Loan
Documents and to enable Lender to acquire, perfect, or maintain Lender`s liens on Collateral.
E. I=INANCIAL STATEMENTS. Guarantor must give Lender financial statements as Lender requires.
G. LENDER'S RIGHTS CUMULATIVE, NOT WAIVED. Lender may excretes any of its rights separately or
together, as many times as it chooses, Ltnder may delay or forgo enforcing any of its rights without losing or
impairing any ofthem.
H. ORAL STATEMENTS NOT $1NDING. Guarantor may not use an oral statement to contradict or alter the written
terms of the Notr or this Guarantee, ar to raise a defense to this Guarantee.
I. SEVERA$ILlTY. If any part of this Guarantee is found to be unenforceable, all other parts will remain in effect.
1. CONSIDERATION. The consideration for this Guatatttee is the Loan or any accommodation by Ltnder as to the
Loan.
89A poem t~D {togti) ProvfoW eduons obawets.. Psae 515
t3anlcers Systt, Inc., St. Cbud, MN
It). STATE-SPECtFiC PROVISIONS:
PWER TO CONFESS JUDGMENT, UNDERSIGNED HEREBY EMPOWERS ANY ATTORNEY Of ANY COURT
Of RECORD, AT ANY TIME AFTER THE OCCURRENCE OF ANY EVENT OF DEFAULT HEREUNDER, TO APPEAR
FOR THE UNDERSIGNED AND, WITH OR WITHOUT COMPLAINT FILED, CONFESS JUDGMENT. OR A SERIES
OF JUOGMarNTS, AGAINST THE UNDERSIGNED iN FAVOR OF THE GENDER OR ANY HOLDER HEREOF FAR
THE ENTIRE PRINCIPAL BALANCE OF THIS GUARANTY, ALL ACCRUED INTEREST AND All OTHER AMOUNTS
DUE HEREUNDER, TOGETHER WITH COSTS OF SUIT AND AN ATTORNEY'S COWp1AISSION OF 109b OF SUCH
PRINCIPAi AND pJ'TEREST ADDED AS A REASONABLE ATTORNEY'S FEE, AND FOR DOING SO, THIS
GUARANTY OR A COPY VERIFIED BY AFFIDAVIT SHALL 6E A SUFFICIENT WARRANT. THE UNDERSIGNED
HEREBY FOREVER WANES AND RELEASES ALL ERRORS IN SAtD PROCEEDINGS AND ALL RIGHTS OF
APPEAL. AND ALL RELIEF FROM ANY AND ALL APPRAtSEMt~fT, STAY OR FJCEMPTION LAWS OF ANY STATE
NOW IN FORCE OR HEREAFTER ENACTED.
JU~aMENT MAY t3E CONFESSED FROM TIME TO TIME UNDER THE AFORESAID POWER TO CONFESS
JUDGMENT AND NO SiNt~LE EXERCISE OF THE FOREGOING POWER TO CONFESS JUDGMENT, OR A SERIES
OF JUDGMENTS, SHAH BE DEEMED TO EXHAUST THE POWER, WHETHER OR NOT ANY SUCH EXERCISE
SHALL EE HELD BY ANY COURT TO SE INVALID, VOIDABLE, OR VOID, BUT THE POWER SHALL CONTINUE
UNDIMINISHED AND fT MAY t3E EXERCISED FROM TIME TO TIME AS OFTEN AS THE LENDER SHALL ELECT
UNTIL SUCH TIME AS THE LENDER SHALL HAVE RECENED PAYMENT IN FULL OF THE OEBT, INTEREST,
COSTS AND FEES.
2. Governing Law; Jurisdiction. This Guaranty will be interpreted and the rights and liabilities of the parties hereto
determined in acoorrtance with the laws of d+e Commorruvealth of Pennsylvania, excluding tts conflict of laws rules. The
Undersigned hereby irrevocably consents io the exclusive jurisdiditm of the t;purts of Common Pleas o/ the
Cornrtmnweatih of Pennsylvania and the United States District Court for the Eastern Oistrkt vi Pennsylvania; provided
that rtotttktg carttained in this Guaranty wll prevertt the Lender or any hok9e~ hereof irtxn brirtgirtg any action, enforcing
arty award or }udgment yr exero#sing any rights agalr~t the Uruiersigned, against any severity or against any property
of the Undersigned within any other ccwMy, state or other foreign or domestic jurisrflct~n. Ttte Undersigned agrees
that the venue provided above IS the most oonvenl~t kxum for both tt~ Lender and the Undersigned and the
Undersigned waives any ottject~n to venue and any obJectivn t>~ed on a more cortventertt forum in any action
instliuted urx3er this Guararay. The Undersigned agrees that service ~ process In any such proceeding may be duly
affected upon the Unders~ned by tnatiing a copy thereof by registered mail. postage prepaid, to the Undersigned.
A. WANER OF JURY TRIAL. THE UNDERSIGNED IRREVOCABLY WAIVES ANY AND ALL RIGHTS THE
UNDERSIGNED MAY HAVE TO A TRIAL BY JURY tN ANY ACTION, PROCEEDING OR CLAIM OF ANY NATURE
RELATING TO THIS GUARANTY, ANY DOCUMENTS EXECUTED IN CONNECTION WTiH THIS GUARANTY OR
ANY TRANSACTION CONTEMPLATED IN ANY OF SUCH DOCUMENTS. THE UNDERSIGNED ACKNOWLEDGES
THAT TttE FORECiOiNG WANER IS KNOWING AND VOt.UNTARY.
$6A r•Otrn 148 (tW88) Ptavbu~ editions obsolete. raga 415
Bankers Systems, Inc., St. Cloud, MN
r
i i. GUARANTOR ACKi`OWLEDCIMENT OFTERMS.
i
Guarantor acknowledges that Guarantor has t+ead and understands the significance of all terms of the Note and this
Guarantee, including all waivers.
{ l2. GUARANTOR 1dAME{S) AND SIGNATURE(S):
$y signing below, cacti individual or entity becomes obligated as Guarantor under this Guarantee.
~. 3 i~tt~#-~. f
Mayank Patel, ltxlh+ldually
~ Y ~ -t~~
3811 form tai {16t8d? Provbua edblaa opeoMa. Pape 3r3
Bankers Systems, tnc., St. Cloud. MN
i
i1S tieaa 1Mda+aw MadaMrnka
U.S. Small Business Administration
NC3TE
SBA loan # PLP 12740t360.OT
SBA Lnan Hams KDN Enterprise, Inc. dlbla Urd-Mart
Date
Loan Amount 21fld~0.00
Interest Rata FLOATING AT W5J PRIME PLUS 2.509e RESULTING IN AN INITIAL RATE. OF 10.00%
8arrcrwar KDN Enterprise, trtc. dlWa tJni-Mart
Operating
Ctxnpany
L$nder PNC Bank, Nat'wnai Ataaoci8tion J
1. PROIvi15B TO PAY:
to return far the Loan, Borrowtr pr+xtrises to pay to the order of Lender dre amount of
TWO tiUNbRED T'EN THOUSIWb-- --001100 Dollars,
interest on the unpaid prirrcipat balanet, and alt other amounts required by dtisNott.
2, DL'FtNtTtt3N5:
"Collateral" mtans any property taken a5 security for payment of this Note or any guarantte of this Notc.
"Guarantor" means each person or entity that signs a guarantee of paymem ofthis Natl.
"Lean" means the loan evidenced by this Nate.
"Loan Documents" means the dorarmerns related to this loan signed by 13orrowcr, any Guarantor, or anyone who
pledges eottattral.
"St3A" means the Smat1$usiness Administration, an Agency of the United Stotts of Amtrica.
s8A Form 117 tt)8+o~tYl) verata~ I.t
na9e t~s
Bankers Systems, Irrc., St. Cloud. MN
3. PAYMENT TERMS:
Borrower moat make alt payments at the place Lander desigrtatcs. The payrntnt tams far this Note are:
This Note wilt n~tun3 in 10 years from date of Note.
The initial interest rate on this Note will fluctuate. The initial interest rate is 10.00'yo per year. This initial race is the
prime rate on the date SBA received the loan appiicatton, plus 2.5096. The interest rats must remain in effect until
the first change period begins.
Borrower must pay principal and interest payments of $2,775.17 every month, beginning one month from the month
this Note is dated; payments must be made on titre tir5t calendar day in the rrbrtflts they are due,
!.ender wall apply each instaprrten! payment first to pay interest accnted to the day !render receives tare payment,
then to bring principal current, then to pay any fate fees, and wfil apply any remaining balance to reduce principal.
The interest rate viii be adjusted quart8rly {the "change period'}.
The "Prime Rate" is the prime rate in effect on the first business day of the month in which tare an interest rate
chang8 occurs, as published in the Wait Street Journal on the next busw-ess day.
The adjusted interest rate will be 2.50°!o aboti+e the Prime Rate. Lender will adjust the interest rate on tits first
calendar day of each dtange period. The change in interest rate is effective on that day whether ar net Lender gives
Borrower notice of the change. The initial interest rate must rerr~in in effect untfi the first change period begins.
lender must adjust the payment amount at least annually as nestled to amortize principal over the remaining farm
of the Hate.
If SBA purchases the guaranteed portion of the unpaid principal balance, the Interest rate becomes f'uted at the rate
in affect at the time of the earliest uncured payment default. If there is no uncured payment default, the rate
becomes fixed at the rate in effect at the time of purchase.
Ali rem~ning principal and accrued interest is due and payable l0 years from data of Note.
Late Charge: tt a payment on th~ Note is mare than 10 days late, Lander may cdtarge Borrower a late fee of up to
5°6 of the unpaid portion of the regularly scheduled payment.
Loan Prepayment:
Notwithstanding any provision in this note to the conUary:
Borrower may prepay this Note. Borrower may prepay 20 percent or less of the unpaid principal balance at any time
without notice. if Borrower prepays more than 20 percen# and the Loan has been sokf on the secondary mar4cet,
Borrower must:
a. Give Lender wdttsn native;
b. P.ay ail accrued interest; and
c. if the prepayment is received less than. 21 days tram the date Lander ret~ives late notice, pay an amount squat
to 21 days interest from the date Lender receives the notice tens any interest aCtxued during the 21 days and paid
under subparagraph b., above.
{~Yt#e3Attatl~lee~don t.t aaye 2ttl
Bankers Systems, inc., St. Cloud, MN
SBA id7: Note Page 2 Continuation
Continuation of ".. "
If Borrower does not prepay within 30 d8ys from the date Leruterreceives the notice, Borrower must glue
Lender a new notice,
Page 1 Bankers Systems, Inc., St. Cioud, MN
a. DEFAULT:
Borrower it in dcfauh under this Natt if $orrower does »atmakc a payment when due under this Note, or if Harrower
or t?perating Company:
A. Faits to do anything squired by this Note and other Loan Documents;
B. Defaults on any other loan with Lettder;
C. Dees not preserve, or account to Lender's satisfaction for, any of the Collateral or its proceeds;
D. Does not disctotc, or anyone acting on their bohalf does not disclose, any material fact to Lender or 58A;
E. Makes, or anyone acting on thou bchatfmakts, a materially false or misleading representation to Lender or 5BA;
F. Defaults on any loan or agreement with another creditor, if Candor believes the default may materially affect
Borrower's ability to pay this Note;
G. Fails to pay any taxes when due,;
H. Becomes thr subject of a proceeding under any bankruptcy or insolvency Eaw;
1, alas a reccivtr or liquidator appointed far any part of their business or property;
3. Makes an assignment for the benefit of creditors;
K. Has any adverse cha»ge in financial condition ar busiocss operation that Lender betseves may materially affect
Borrower's ability to pay this Nate;
L. Reorganizes, merges, consolidates, or otherwise changes ow»trship or business sM,tcture without Lrnder's prior
written consent; or
M. $ecomes the subject of a civic or criminal action that Lender believes may materially affect Borrower's ability to
pay this Note.
5. LENDER'S RIGHTS lF THER1= iS A DEFAULT:
Without notice or demand and without giving up arty of its rights, Lender may:
A. Require immediate payment of all amtattrrts owing under this Note;
B. Collect alt amounts owing from any Borrower or Guarantor;
C. Fitt suit and obtain judgment;
D. Take possession of any Collateral; or
E. Sell, lease, or otherwise dispose o~ any Collateral at public or private sak, with or without advertisement.
fi. LENDER'S GENERAL POWERS:
Without notice and without Borrower's consent, Lender may:
A. $id on or buy the Collateral at its salt or the solo of another titnholdtr, at any price it chooses; .
$. Incur txpenscs to collect amounts due under this Note, enforce the terms of this Nate or any other Loa»
Document, and preserve or dispose of the Collateral. Among other things, the expenses may inciudt payments
for property taxis, prior liens, insurance, appraisals, environmental smediation costa, and reasonable attorney's
fees and casts. if Lander incurs such expenses, it may demand immediate repaymdtt from Borrowtr or add the
expenses to the principal balance;
C. Release anyone obligated to pay this Nate;
D. Compromise, release, renew, extend or substitute any of the Collateral; and
E. Take any action necessary to protect the Collateral or collect amounts owing on this Notc.
S$A Fewm r17 {UNp3a0~ Ven3on d,r
~ ~
Bankers Systettrs, Inc., St Cloud, MN
7. WHEN FEDERAL LAW APPLIES:
When SBA is the holder, this Notc will be interprctod and enforced under federal taw, inctud`rng SBA regulations.
Lender ar S$A may use state w focal procedures for filing papers, rcaordi»g documents, giving notice, foreclosing
liens, and other purposes. By using such procedures, SBA does not waive any federal immunity from state or local
control, penalty, tax, or liability. As to this Note, Borrower may not claim or assert against SBA any iocat ar state law
to deny any obligation, dcftat any claim of 58A, or preempt federal taw.
8. SUCCESSORS AND ASSIGNS:
Under this Notc, Harrower and Operating Company include the successors of each, and Lender includes its successors
and assigns.
9. GEhIBRAL PROVISIONS:
A. All individuals and entities signing this Note aro jointly and severally liable.
B. Borrower waives all suretyship defenses.
C. Borrower must sign ail documents ncoessary at any time to comply with the Loan t)ocumcnts and to cnatic
Lender to acquire, perfect, or maintain Lender's lions an Collateral.
D. Lender may exercise any of its rights scparate;ly or together, as many times and in any order it chooses. Lender
may delay or forgo enforcing any of its rights without giving up any of them.
E. Botrowcr may not use: an oral statement of Lenekr or SBA to contradict ar otter the w»tten terms of this Notc.
F. tf any part of this Note is unenfotceabte, alt other parts remain in effect.
G. To the extent allowed by law, Borrower waives elf demands and notices in connection with this Note, including
presentment, demand, protest, and native of dishonor. Borrower also waives any defenses based upon any claim
that Lender did not obtain any guarantee., did not attain, perfect, or maintain a lien upon Collateral; impaired
Collateral, or did not obtain fhe fair market value of Collateral at a sate.
sak Form t<7 to87CUJO2) Vmabn #.r
Page 11a
Bankers Systems, Inc., St. Cloud, i+niv
.' ,
IQ. STATE-SPECIFIC Pi20V15IONS:
POWER TO CONFESS JUDGMENT. UNDERSIGNED HEREBY EMPOWERS ANY ATTORNEY OF ANY COURT
OF RECORD, AT ANY TIME AFTER THE C>~CURRENCE flF ANY EVENT flF DEFAULT HEREUNDER. TO
APPEAR FOR THE UNDERSIGNED AND, WITH OR WITHOUT COMPLAINT FRED, CONFESS JUDGMENT, OR A
SERIES OF JUDGMENTS, AGAINST THE UNDERSIGNED IN FAVOR OF THE LENDER OR ANY HOLDER
HEREOF FOR THE ENTIRE PRINCIPAL BALANCE OF THIS NOTE, ALL ACCRUED INTEREST AND ALL OTHER
AMOUNTS DUE HEREUNDER, TOGETHER WITH COSTS OF SUIT AND AN ATTORNEY'S COMMISSION OF t0°k
OF SUCH PRiNCIPAt AND INTEREST ADDED AS A REASONABLE ATTORNEY'S FEE, AND FOR DOING SO.
THIS NOTE OR A COPY VERIFIED BY AFFIDAVIT SHALL BE A SUFFICIENT WARRANT, TWE UNdERSIGI+fEO
HEREBY FOREVER WAIVES ANb RELEASES AIL ERRORS IN SAID PROCEEDINGS AND ALL RIGHTS OF
APPEAL AND ALL RELIEF FROM ANY AND ALL APPRAISEMENT, STAY OR EXEMPTION LAWS OF ANY STATE
NOW IN FARCE OR HEREAFTER ENACTED.
JUDGMENT MAY BE CONFESSED FROM TIME TO TIME UNDER THE AFORESAID POWER TO CONFESS
JUDGMENT AND NO SINGLE EXERCISE OF TtiE FOREGOING POWER TO CONFESS JUDGMENT, OR A
SERIES OF JUDGMENTS, SHAH BE DEEMED TO EXHAUST THE POWER, WHETHER OR NOT ANY SUCH
EXERCISE SHALL BE HELD BY ANY COU7~T TO 8E INVALID, VOIDABLE, OR VOID, 8tlT THE POWER SHALL
CONTINUE UNDIMINISHED AND IT MAY BE EXERCISED PROM TIME TO TIME AS OFTEN AS THE (ENDER
SHALL ELECT UNTIL SUCH TUNE AS THE LENDER SHALL HAVE RECEIVED PAYMENT IN FULL OF THE DEBT,
INTEREST, COSTS AND FEES.
2. Governir~ Law; Jurtsdictkm. This Note will be interpreted and the rights and Itebilitles of the parties hereto
determined in aecxsrdance with the laws of the Commonrveagh of Pennsyhr~ia, exdud~g its conflict of tarns rotes.
The Underskgned hereby irrevocably consents to the exGluslve jurisdiction of the Courts of Commas Pleas of the
C~nmonwealih of Pennsylvania atxl ~ Ur~itted States District Court for the Eestem District of PerKrsyh+avtla; Provided
that nathirig conialned in tt~s Note wilt prevent the Lander ar er-y holder hereof from bringing any ecti~, enforcing any
awarcl ar judgrr~nt or exercising any rights against the Undersigned, agalrgt any security or against any property of
the Undersigned within any other county, slate w other foreign a dornesUc Jurisdictia-. The Unders~ned agrees that
the venue provkfad above is the most carwenient forum for both the I,.~Wer and the UnMersigned and the Undersigned
waives any objection to venue and any objection based en a more t~rtventent forum in any action instituted under this
Nora. The Undersigned egress that service of process in any such prorx~edirg rrmy be duty effected upon the
Undersigned by mail~g a wpy thereof by registered mail, postage prepaid, to the Undersigned.
3. WAIVER OF JURY TRIAL. THE UNDERSIGNED It~REVOCABLY WAIVES PJ•IY AND ALL RIGHTS THE
UNDERSIGNED MAY HAVE TO A TRIAL BY JURY IN ANY ACTION, PROCEEDING OR CtAiM OF ANY NATURE
REt.ATiNG TO THIS NOTE, ANY DOCUMENTS EXECUTED IN CONNECTION WITH THIS NOTE OR ANY
TRANSACTION CONTEMPLATED IN ANY OF SUCH DOCUMENTS. THE UNDERSIGNED ACKNOWLEDGES
THAT THE FOREGOING WAIVER IS KNOWING AND VOLUNTARY.
SHA Porm 14T tDMb3to2) Vsnbn 4.1
POBe Sts
Bankers Systems, inc.. St. Cdo~, INN
2 t. T3bT2TtbW ER'5 NAM(s'(S) AND STt'iNA7UTtE{S}:
By signing below, oath individual or entity becarnes obligated undo this Note as E3arrower.
KDN Enterprise, Inc. dJdda Un6Mari
~a~nk Pat83. ~res~ens
58A Form 1~7 {06/0J102) Vtaybn 4.7
Pmq! $m
Bankers Systems, Inc., St. Claud, MN
.~ .
Disclosure for Confession of Judgment
(Guarantor)
Undersigned: MAYANK PATEL
13 GARDENIA COURT
SAYREVILLE NJ 08872
Lender: PNC BANK, NATIONAL ASSOCIATION
8800 TINICUM BOULEVARD
PHILADELPHIA, PA 19153
~~g~ GG
PNCI~At~TI[~
The undersigned has executed, and/or is executing, on or about the date hereof, a US Small Business Administration
Guaranty and Commercial Guaranty, in respect of the obligations owed to Lender by KDN Enterprise, Inc. dba Uni-Mart., under
which the undersigned is obligated to repay monies to Lender.
A. THE UNDERSIGNED ACKNOWLEDGES AND AGREES THAT THE ABOVE DOCUMENT CONTAIIVS PROVISIONS UNDER
WHICH LENDER MAY ENTER JUDGMENT BY CONFESSION AGADVST THE UNDERSIGNED. BEING FULLY AWARE OF iTS RIGHTS TO
PRIOR NOTICE AND A HEARING ON TBT VALIDITY OF ANY JUDGMENT OR OTHER CLAIMS THAT MAY BE ASSERTED AGAINST IT BY
LENDER THEREUNDER BEFORE JUDGMENT IS ENTERED, THE UNDERSIGNED IIEREBY FREELY, KNOWINGLY AND INTELLIGENTLY
WAIVES THESE RIGHTS AND EXPRESSLY AGREES AND CONSENTS TO LENDER'S ENTERING JUDGMENT AGAINST TT BY
CONFESSION PURSUANT TO THE TERMS THEREOF.
B. THE UNDERSIGNED ALSO ACKNOWLEDGES AND AGREES THAT THE ABOVE DOCUMENT CONTAINS PROVISIONS
UNDER WHICH LENDER MAY, AFTER ENTRY OF JUDGMENT AND WITHOUT EITHER NOTICE OR A HEARING, FORECLOSE UPON,
ATTACH, LEVY, TAKE POSSESSION OF OR OTHERWISE SEIZE PROPERTY OF THE UNDERSIGNED IN FULL OR PARTIAL PAYMENT OF
THE JUDGMENT. BEING FULLY AWARE OF ITS RIGHT'S AFTER JUDGMENT IS ENTERED (INCLUDING THE RIGHT TO MOVE TO
OPEN OR STRII~ THE JUDGMENT), THE UNDERSIGNED HEREBY FREELY, KNOWDGLY AND INTELLIGENTLY WAIVES ITS RIGHTS
TO NOTICE AND A HEARING AND EXPRESSLY .AGREES AND CONSENTS TO LENDER'S TAKING SUCH ACTIONS AS MAY BE
PERMITTED UNDER APPLICABLE STATE AND FEDERAL LAW WITHOUT PRIOR NOTICE TO THE UNDERSIGNED.
C. The undersigned certifies that a representative of Lender specifically called the confession of judgment provisions in
the above document to the attention of the undersigned, and/or that the undersigned was represented by legal counsel in connection
with the above document.
D. The undersigned hereby certifies: that its annual income exceeds $10,000; that all references to Athe undersigned
above refer to all persons and entities signing below; and that the undersigned received a copy hereof at the time of signing.
Dated: ~ " ~ "~ ~O
Mayank Patel
C:\DOCUME~1\FE2040~1.PNCILOCALS~1\Temp\notes97E53A\conf:guarantor.doc (2).doc
Form 9C - PA Rev. 3/99
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COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION
PNC BANK, NATIONAL ASSOCIATION, :DOCKET NO. D`I - rj~~ CiV i l ~~m
Plaintiff
v. :CONFESSION OF JUDGMENT
MAYANK PATEL,
Defendant :PREVIOUSLY ASSIGNED TO: N/A
AFFIDAVIT OFNON-MILITARY SERVICE
TO THE PROTHONOTARY:
I do certify, to the best of my knowledge, that Defendant, Mayank Patel, in the above-
captioned action is not presently on active or nonactive military status.
Respectfully submitted,
Date: October ~ d, 2007
McNees Wallace & Nurick LLC
By:
~Geof~ S ,Esquire
reme C rt ID #24848
100 Pine Street, PO Box 1166
Harrisburg, PA 17108-1166
(717) 237-5439
Attorneys for Plaintiff
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COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION
PNC BANK, NATIONAL ASSOCIATION,
Plaintiff
DOCKET NO. d'1- 5q9 a C w ~ ! der rr1
v.
MAYANK PATEL,
Defendant
CONFESSION OF JUDGMENT
PREVIOUSLY ASSIGNED TO: N/A
CERTIFICATE OF ADDRESSES
I hereby certify that the precise address of Plaintiff, PNC Bank, National Association, is 201
Penn Avenue, Scranton, PA 18503; and that the last known address of Defendant, Mayank Patel, is
13 Gardenia Court, Sayreville, NJ 08872.
Date: October ~'~ , 2007
Respectfully submitted,
McNees Wallace & Nurick LLC
By:
S~e Court T~ #24848
100 Pine Street; PO Box 1166
Harrisburg, PA 17108-1166
(717) 237-5439
Attorneys for Plaintiff
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COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CNIL ACTION
PNC BANK, NATIONAL ASSOCIATION, DOCKET NO. ~'] _ ~9qa Civil ~~
Plaintiff
v. :CONFESSION OF JUDGMENT
MAYANK PATEL,
Defendant :PREVIOUSLY ASSIGNED TO: N/A
NOTICE UNDER RULE 2958.1
OF JUDGMENT AND EXECUTION THEREON
NOTICE OF DEFENDANT'S RIGHTS
TO: Mayank Patel
A judgment in the amount of $221,858.13, 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.
F' ° ~r
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: October ~~, 2007 BY~
G S Shuff, Esquire
upreme ourt ID #24848
100 Pine Street, PO Box 1166
Harrisburg, PA 17108-1166
(717) 237-5439
Attorneys for Plaintiff
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COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION
PNC BANK, NATIONAL ASSOCIATION, DOCKET NO. Q'j- 5gga C-v11 `1-~M
Plaintiff
v.
MAYANK PATEL,
Defendant
To: Mayank Patel, Defendant
CONFESSION OF JUDGMENT
PREVIOUSLY ASSIGNED TO: N/A
You are hereby notified that on ~`~'~°r 1'~ ~ , 2007, judgment by confession was
entered against you in the sum of $221,858.13, in the above-captioned case.
DATE:
s ~•
ro onotary ~
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO
NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE
OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
Cumberland County Bar Association
32 South Bedford Street
Carlisle, PA 17013
(717) 249-3166 or 1-800-990-9108
I hereby certify that the following is the address of the Defendant stated in the certificate of
residence:
Mayank Patel
13 Gardenia Court
Sayreville, NJ 08872
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A, Mayank Patel, 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 $221,858.13, del caso antes escrito.
Fecha: el dia de de 2007
Protonotario
LLEVE ESTA DEMANDA A UN ABODAGO INIMEDIATAMENTE. SI NO TIENE
ABOGADO O SI NO TIENE EL D1NER0 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:
Mayank Patel
13 Gardenia Court
Sayreville, NJ 08872
i
Ab ada e em dante(s)
COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION
PNC BANK, NATIONAL ASSOCIATION, DOCKET NO. p''j- 5g9a C w i l T~erwt,
Plaintiff
~ :CONFESSION OF JUDGMENT
MAYANK PATEL,
Defendant :PREVIOUSLY ASSIGNED TO: N/A
PRAECIPE FOR ENTRY OF APPEARANCE
TO THE PROTHONOTARY:
Please enter my appearance on behalf of Plaintiff, PNC Bank, National Association.
Papers maybe served at the address set forth below.
Geoffrey S. Shull, Esquire
McNees Wallace &Nurick LLC ~ b
100 Pine Street, PO Box 1166 ~~
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Harrisburg, PA 17108-1166 rn
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Respectfully submitted, ~' c'~ ~,,~
McNees Wallace &Nurick LLC `--
Date: October ~~, 2007 BY~
e ff, Esquire
upreme C urt ID #24848
100 Pine Street, PO Box 1166
Harrisburg, PA 17108-1166
(717) 237-5439
Attorneys for Plaintiff
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COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION
PNC BANK, NATIONAL ASSOCIATION,
Plaintiff
v.
MAYANK PATEL,
Defendant
DOCKET NO. 07-5992 Civil Term
CONFESSION OF JUDGMENT
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.
Mayank Patel
13 Gardenia Court
Sayreville, NJ 08872
Respectfully submitted,
McNees Wallace & Nurick LLC
Date: Octobew'%, 2007 By:
ffr . Sh ,Esquire
u e Co ID #24848
100 Pine Street, PO Box 1166
Harrisburg, PA 17108-1166
(717) 237-5439
Attorneys for Plaintiff
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7160 3901 9845 ....
2641 5357 ~~
TO: Mayank Patel
`
' 13 Gardenia Court
Sayreville, NJ 08872
SENDER: PNC Bank
REFERENCE: Geoffrey S
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. PS Form 3800 Janua 2005 9
3
RETURN Postage
' RECEIPT Certified Fee
SERVICE
Return Receipt Fee
i Restricted Delivery
Total Postage 8 Fees
VS Postal Service ARK O
Receipt for ~ p~,-T ~ 2 ~ o
Certified Mail °'
{ No Insurance Coverage Provided ~
S
f Do Not Use for International Mail .
PS
2. ArtiGe Number..-.~.------°-~--_- ._..._...._.---•-~----- •-
A. Received M (Please Print Cleary) B. Date of
~ C
C. Signalu»
X
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7160 3901 9845 2641 5351 "~ ~
D. Is delivery address differoM from kem 1? [
If YES, entar delivery address below: [
3. Service Type CERTIFIED MAIL
4. Restricted Delivery? (Extra Fee) Yes
1. Article Addressed to:
Mayank Patel
13 Gardenia Court
Sayreville, NJ 08872 Geoffrey S. Shuff
PNC Bank
Agent
Addressee
Yos
No
PS Form 3811, January 2005
Domestic Retum Receipt
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