HomeMy WebLinkAbout07-5993
COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION
PNC BANK, NATIONAL ASSOCIATION,
Plaintiff
v.
KDN ENTERPRISE, INC., D/B/A
UNI-MART,
Defendant
DOCKET NO. Qr'~- 5943 Ciai t ~Terp
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 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 ~,~9
TOTAL:
$221,858.13, plus interest, other
expenses, fees and costs
Respectfully submitted,
McNees Wallace & Nurick LLC
Date: October~~ 2007
By:
~6~r rfie 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. ~7 _ C i Vi l ~ er'n1
Plaintiff
v :CONFESSION OF JUDGMENT
KDN ENTERPRISE, INC., DB/A ;
UNI-MART,
Defendant :PREVIOUSLY ASSIGNED TO: N/A
COMPLAINT FOR CONFESSION OF JUDGMENT
UNDER RULE 2951
1. The Plaintiff, PNC Bank, National Association, is a national banking association
organized and existing under the laws of the United States of America with a principal regional
office located at 201 Penn Avenue, Scranton, PA 18503 (the "Plaintiff').
2. The Defendant, KDN Enterprise, Inc., d/b/a Uni-Mart, is a Pennsylvania
corporation with a last known address of 88 Broad Street, Delaware Water Gap, PA 18327 (the
"Defendant")
3. The Defendant executed and delivered to the Plaintiff 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 `dote"), a true and correct photostatic reproduction of the
original of which is attached hereto as Exhibit "A" and made a part hereof.
4. The Defendant executed and delivered to the Plaintiff a Disclosure for Confession
of Judgment ("Disclosure for Confession"), a true and correct photostatic reproduction of the
original of which is attached hereto as Exhibit "B" and made a part hereof.
5. The Defendant is in default of the 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 Plaintiffs demand dated August 17, 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,
as of September 26, 2007:
a. Principal $192,716.56
b. Interest $ 8,215.78
c. Late Charge(s) $ 832.56
d. Attorneys' Fees ~~,~9'~ ?~
TOTAL DUE: $221,858.13
10. Interest continues to accrue at a rate equal to the Prime Rate published in the Wall
Street .in ,rnal, plus two and one-half percent (2.50%), adjusted quarterly.
WHEREFORE, Plaintiff, PNC Bank, National Association, demands judgment against the
Defendant, KDN Enterprise, Inc., d/b/a Uni-Mart, 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 lnnrnal, 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
Date: October ~ 2007 B ''~~~~
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eo uff, Esquire
eme C6urt ID #24848
100 Pine Street, PO Box 1166
Harrisburg, PA 17108-1166
(717) 237-5439
Attorneys for Plaintiff
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U.S. Small Business Administration
~ NOTE
S8A loan # PLP 12740t36p-07
SBA loan Name KDN Enterprise, Inc. ttlbfa tMi-Mart
gate
loan Amount 21{1,OOO.flO
interest Kato FLOATING AT W5J PRIME PLUS 2.5t?9~o RESULTING M AN INITIAL RATE QF 111.011%
$orrower KDN Entetpttse, tnc. dlala t7ni-lFAStt
Operating
Company
tender PNG Bank, Natitxtal Association
i. pRQMISBTOPAY:
In rt;turtt for the Loan, Borrower promises to pay to the order of Lender the amount of
TWO HUNDRED TEN THOUSAND ~•-»~•»»----(it3/tpt) Dollars,
interest on the unpaid principal baIancc, and all other amounts requiad by this Nott.
2. DEFINITIONS:
"CollateraP' means any property taken as security far payment of this Mate or any guarantee of this Natc.
"Guarantor" means each person or entity the! signs a guarantee of paymem of this Natl.
"Lean" means the loan evidenced by this Notc.
"Loan Docutncnts"means the documtxtts related to this loan signed by $orrowcr, any Guarantor, ar anyone who
pledges collateral.
"SLiA" means the Small Business Administratlan, an Agency ofthe United States of America.
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t3ankers Systems, Inc., St. Crud, MN
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3. PAYMENT TERMS:
Borrower must make adt payments ac the place Lender designates. The payment trams for this Mott are:
This Note will mature En 10 years from date of Note.
Tits IniNa1 interest rate on tfiis Note will fluctuate. The inNiat interest rate is 10.0096 per year. This initial rate is the
prime rate on the date SBA received the ban application, plus 2.5096. The interest rate must remain In effect until
the first charge period begins.
8arrower 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 the tir°st calendar day in the matths May are due..
Lander will apply each in5tallm8nt payment first to pay interest scented to the day Lender receives Me payment,
then to bring principal current, than to pay any tats fees, and wits apply any remaining balance to reduce principal.
The interest rate wilt be adjusted quarterly {the "change period"}
The "grime Rate" is the prime rate in et#ect on the first business day of the month in which the an interest rate
change occurs, as published in the Waft Street Journal on the next buslrtess day.
The adjusted interest rate wiii be 2.50°lo above the Prime Rate. Lender wilt adjust the interest rata on the first
calendar day of each change period. The change in ingest rate is effective on Mai day whether or not lender gives
Borrower notice of the change. The initial interest rate must remain in effect untfl Me first change period begins.
lender must adjust the payment amount at least annuaity as needed to amortize principal over tite remaining term
of the note.
if SBA purchases the guaranteed portion of the unpaid principal balance, ti'te interest rate becomes faced at the rate
in effect at the tints of the earliest uncured payment deiautt. if there is na uncured payment default, the rate
becomes fixed at the rate in effect at the time of purchase.
A!! remaining principal and accrued interest is due and payable 10 years from data of Nate.
Lets Charge; if a payment on this Note is more than 30 days isle, Lender may charge Borrower a late fee of up to
590 of the unpaid portion of Me regularly scheduled payment.
Loan Prepayment:
Notwithstanding any provision in Mis note to the contrary:
Borrower may prepay this Note, Borrower may prepay 20 ptsrcent or less of the unpaid printpal balance at any time
without notice. if Borrower prepays more than 20 percent and the Loan has been sold ar- the secondary market,
Borrower must:
a. Give Lender written notice;
i b. P.ay ail accrued lni~ers#: and
c. if the prepayment is received less than 2i days from the date Lender receives the notice, pay an amount aqua!
'to 21 days interest from the date Lender receives Me notice less any ktterest actxued during the 21 days and paid
under subparagraph b., above,
-- -
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Pays 2/8
bankers Systems. inc., St. Cloud, MN
SBA 147: Note Pie 2 Cantinuatian
c:onanuatitx~ ofi ",. "
orrcwver oes no ys
Prepay Within 3t7 de from the delta LerTder receives the notice, Borrower must give
Lender a new notice.
Page 1 Bankers Systems, Inc., St. Cloud, MN
r
4, DEFAULT:
Borrower is in default under this Note if Borrower does net make a paymrnt when duo under this Nate, ar if Borrower
or Operating Company:
A. Fails to da anything required by this Nate and other Loan Documents;
B. Defiults on any other loan with Lender;
C. I?oes trot preserve, or account to Ltndcr's satisfacKion far, any of the Collateral or its proceeds;
D. Daps not disclose, or anyone acting on their behalf does not disclose, any material fact to Lender or SBA;
E. Melees, or anyone acting on their behatfmakcs, a materially false or mtslwding representation to Lender or SBA;
F. Defaults on any loan ar agreement with another et~iitor, if Lertdcr believes the default may materially afT'cct
Bomowcr's ability to pay this Note;
t"a. Fails to pay any taxes when due,;
H. Becomes the subject of a proceeding under any bankruptcy or insoivcncy taw;
t, Has a receiver or liquidator appointed for any part of their business ar property
3. Melees an assignrncnt for the benefit of creditors; }
K. Mas any adverse change in financial condition or business operation that Lcndar believes may materially atl'ect
Batrowcr's ability to pay this Nate;
L. Reorganizes, merges, consolidates, or otherwise changes ownership or business structure without Lender's prior
written consent; or
M. Becomes the subject of a civil or criminal action that Lc~ear believes may matttiaily affect Borrower's obi lily to
pay this Note.
5. LENDER'S RIGHTS tF THl~RE IS A DEFAULT:
Without notice or demand and without giving up any of its rights, Lender may:
A. Require immediate payment of all amounts owing under this Note;
>3. Collect al! amounts owing from any Borrower ar GuaranWr,
C. File suit and obtain judgment; '
D. Take possession of any Collateral; ar
E. Sell, lease, ar otherwise dispose of, any Collateral at public or private salt, with or without advertisement.
b. LENDSR'S GENERAL POWERS:
Without notice and without Borrower's consent, Leger may:
A. Hid on or buy the CoUaterai at its salt or the sale of another iianhohfer, at any price it chooses; ,
Et. Incur expenses to collect amounts due under this Note, utforce the terms of this Note or any other Loan
Document, and prestrve or dispose of the Collateral. Among ether things, the expenses may include payments
for property taxes, prior liana, insurance, appraisals, environmental rernediation costs, and reasonable attorney's
fees and costs. If Landry incurs such expenses, it may demand immediate rcpaymtxtt from Borrower or add the
expenses to the principal balance;
C. Release anyone obligated to pay this Note;
D. Compromise, release, renew, extend or substitute any ofthe Collateral; and
E. Take any action necessary W protect the Collateral or collect amounts owing on this Note.
SHA Form 117 {t1dl69ip2) Vendson 0.t
inge 3~
bankers Systems, Inc., 5t, Claud, MN
7. WHEN FEDERAL LAW APPLIES:
When SSA is the hotdrr, this Note will be interpreted and enforced under federal law, Including SEA regulations.
Lrnder or SBA may use slate or local procedures for filing papers, recording documents, giving notice, foreclosing
liens, and other purposes. By using such procedures, SBA does not waive any federal immunity ft9att state or !Deal
control, penalty, lax, or liability. As to this Motc, Borrower may rwt claim or assert against S8A any local or state law
to deny any obligation, defeat any claim of SBA, or preempt federal law.
8. SUCCES5l1R5 AMD ASSCGMS:
Under this Mote, E3orcower and tJpcrating Company include the successors of each, and Lender includes its successors
a»d assigns.
9. tjEMERAL FR~VISIOMS:
A, Ail individuals and entities signing this Mote are jointly and severally liable.
B. Bormwcr waives all suretyship defenses.
G. Borrower must sign all documents nectssary ai any limo io comply with the Loan Documents and to enable
Lender to acquire, perfect, or maintain Lender's liens on Collateral.
D. Linder may exercise any of its rights separately or together, as many tunas and in any order it chooses. Lender
may delay or forgo enforcing any of its rights without giving up any of them.
E. Borrower may not use an oral statement of Lender or SBA to contradict or after the written terms ofthis Note.
F. if any part ofthis Note is untnfarceable, alt other parts ratnain in effect.
G. To the extant allowed by law, Borrower waives ai! demands and notices in connection with this Note, including
presentment, demand, protest, and notice of dishonor. Borrower also waives any defenses based upon any claim
that Lender did not obtain any guarantee, did not obtain, perfect, or maintain a lien upon Collateral, impaired
Catiatcrat; or did not obtain the fair market value ofCollateral at a sales
S8A fotrn t4~ (o6K131G2) VIKfIpVi •.t
P8p0 il8
Santters Systems, inc., SL Cloud, MN
Ifl. STATE-3PECIFtC PROVISIONS:
POWER TO CONFESS JUDGMENT. UNDERSIGNED HEREBY EMPOWERS ANY ATTORNEY OF ANY COURT
OF RECORD, AT ANYTIME AFTER THE OCCURRENCE OF ANY EVENT OF DEFAULT HEREUNDER, TO
APPEAR FOR THE UNDERSIGNED AND, WITH OR WITHOUT COMPLAINT FILED, CONFESS JUDGMENT, OR A
SERIES OF JUDGMENTS, AGAINST THE UNDERSIGNED IN FAVOR OF THE LENDER OR ANY HOLDER
HEREOF FOR THE ENTIRE PRINCIPAL BALANCE OF THIS NOTE, ALL ACCRUED INTEREST AND ALL OTHER
AMOUNTS DUE HEREUNDER, TOGETHER WITH COSTS OF SUfT AND AN ATTORNEY'S COMMISSION OF 1096
OF SUCH PRINCIPAt AND INTEREST ADDED AS A REASt3NABLE ATTORNEY'S FEE, AND FOR DOING SO,
THIS NOTE OR A COPY VERIFIED BY AFFIDAVIT SMALL BE A SUFFtCItcNT WARRANT, THE t,MiDERSIGNEO
HEREBY FOREVER WAIVES AND RELEASES ALL ERRORS gV SAID PROCEEDINGS AND Alt RIGHTS OF
APPEAL. AND ALL RELIEF FROM ANY AND ALL APi'RAlSl:MENT, STAY OR I~XEMPTION LAWS OF ANY STATE
NOW !fd FORCE OR HEREAFTER ENACTED,
JUDGMENT MAY BE CONFESSED FROM TIME TO TIME UNDER THE AFORESAID POWER TO CONFESS
JUDGMENT AND NO SINGLE EXERCISE OF THE fOt2EGOING POWF~t TO CONFESS JUDGMENT, OR A
SERIES OF JUDGMENTS, SHALL BE DEEMED TO EXHAUST THE POWER, WHETHER OR NOT ANY SUCH
EXERCISE SHALL SE HELD BY AMY COURT TO BE INVALID, VOIDABLE, OR V01D, 8UT THE POWER SHALL
CONTINUE UNDIMlNISHEO AND IT MAY BE EXERCISED FROM TIME TO TIME AS OFTEN AS THE LENDER
SHALL ELECT UNTIL SUCH TIME AS THE (ENDER SHALL HAVE RI=CENED PAYMENT IN FULL OF THE DEBT,
INTEREST, COSTS AND FEES:
2. Governing Law, Jurtsdlctkxt. This Note wit! tae interpreted and the rights and I~bi~tle5 Of the parties hereto
determined in accardance watt the taws of the Ccuttmorwveadlt of Pennsylv~tia, excluding its conttlct of laws rotes.
The Unders~jned hereby imevocabiy consents to the excfustve jurisdiction of the Courts of Gammon Pleas of the
Commonwealth of Pennsylvania aril ttxt United States District Court far itwar t?asterrt District of Percrsytvania; provided
that rtatttirtq contained in this tVOte wFtt prevent the Lender or arty taller ttttreot from bringing any archon, erifcxcing any
award or judgment or exercising any rights against the Urxtersigned, against any security or against any property of
the Undersigned wlttan any ottrer county. slats ~ other foreign ar domestic jurisrxctiort. The Undersigned agrees chat
the venue provided above is the most c;ortvenient forum for bath the (,ender and the Undersigned and the Urxlersigned
waives any ob)edion to venue and any ot~ec#iat based on a mare tartvenient fontm in any action instituted under this
Noes. The Undersigned agrees that service of process in any such proceedwtg may be duty effected upon the
Undersigned by mailing a copy thereof by registered mail, postage prepa~f, to the Undersigned,
3. WAIVER OF JURY TRIAL. THE UNDERSIGNED IRREVOCABLY WAIVES ANY AND ALL RIGHTS THE
UNDERSIGNED MAY HAVE TO A TRIAL BY JURY IN ANY ACTION, PROCEEDING OR CLAIM OF ANY NATURE
RELATING TO THIS NOTE, ANY DOCUMENTS EXECUTED !N CONNECTION WITH THIS NOTE OR ANY
TRANSACTION CONTEMPLATED !N ANY OF SUCH DOCUMENTS. THE UNDERSIGNED ACKNOWLEDGES
THAT THE FOREGOING WAIVER IS KNOWING AND VOLUM'ARY.
$eA FOmt t47 {06r03l0~ Vertlott 4.1
PHBe 516
Banker8 Systems, Inc., St. Cloud, MN
11. BORROWER'SNA1~fE{S)ANI?SiGNA'TURE{S):
By signing bctow, t~ch-ndividual or entity beaomts obligated under this Note as Borrower.
KDN EntBrprlse, enc. dRJa UnMAart
May2nk Patel, Pres~ieni
SSA FOtIN 7 f 7 (p3) V!f{Ipt 4.3
~~
Bankers Systems, enc., Si. Cloud, MN
Disclosure for Confession of Judgment
Undersigned: KDN ENTERPRISE, INC.
DBA UNI-MART
88 BROAD STREET
DELAWARE WATER GAP, PA 18327
Lender: PNC BANK, NATIONAL ASSOCIATION
8800 TINICUM BOULEVARD
PHILADELPHIA, PA 19153
~ ~"~ G.~
PNC]~~1~][~
The undersigned has executed, and/or is executing, on or about the date hereof, the following document(s) under which
the undersigned is obligated to repay monies to Lender:
Us Small Business Administration Note.
A. THE UNDERSIGNED ACKNOWLEDGES AND AGREES THAT THE ABOVE DOCUMENTS CONTAIN PROVISIONS UNDER
WHICH LENDER MAY ENTER JUDGMENT BY CONFESSION AGAINST TILE UNDEItSIGNID. BEING FULLY AWARE OF ITS RIGHTS TO
PRIOR NOTICE AND A HEARING ON THE VALIDITY OF ANY JUDGMENT OR OTHER CLAIMS THAT MAY BE ASSERTED AGAINST IT BY
LENDER THEREUNDER BEFORE JUDGMENT LS ENTERED, THE UNDERSIGNED HEREBY FREELY, KNOWINGLY AND
W`~~S THESE RIGHTS AND EXPRESSLY AGREES AND CONSENTS TO LENDER'S ENTERING JUDGMENT AEG NST rr BY
CONFESSION PURSUANT TO THE TERMS THEREOF.
B. THE UNDERSIGNED ALSO ACKNOWLEDGES AND AGREES THAT THE ABOVE DOCUMENTS CONTAIN PROVISIONS
UNDER WHICH LENDER MAY, AFTER ENTRY OF JUDGMENT AND WITHOUT EITHER NOTICE OR A HE
ATTACH, LEVY, TAKE POSSESSION OF OR OTIiERWLSE SEIZE PROPERTY OF THE _ _ ARING, FORECLOSE UPON,
THE JUDGMENT. BEING FULLY AWARE OF ITS RIGHTS AFTER JUDGMENT IS ENTERED INCLUDWGOTHE RIGHT TO OVE TO
OPEN OR STRIKE THE JUDGMENT), THE UNDERSIGNED HEREBY FREELY, KNOWIN~,y ~D IlVTELLIGENTLY 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 documents to the attention of the undersigned, and/or that the undersigned was represented by legal counsel in
connection with the above documents.
D. The undersigned hereby certifies: that its annual income exceeds $10,000; that all references to Athe undersigned
above refer to all persons and signing below; and that the undersigned received a copy hereof at the time of signing.
Dated: ~ - ~ '~ ~-
KDN ENTERPRISE, INC.
DBA UNI-MART
By' /'~ I,S ~u'{- e-~
Mayank Patel, Presldent
Form 8M - PA Rev. 3/99
L k~~~~~t «~„
PNCBANK
August 17, 2007
VIA First Class liS Mail and
Certified With Return Receipt
Mr. Mayank Patel ~
KDN Enterprises Inc
88 Broad Street
Delaware Vv'ater Gap, Pennsylvania 18327
IZE;: Notice of I/,vent of Default and Demand of alI monies due
#32266369-602731.962
Dear Mr. Patel,
As you know, you are obligated to PNC Bank, Nations! Association {the "Bank") for: a
certain term lean in the current principal amount as of August 16, 2006 of $192,716,56 {the
"Secured 't'erm Note"), as evidenced by a certain $210,000 Nate from you to the Bank dated es of
March 9, 2006, all as more fully evidenced by a certain Loan and. Security Agreement between
you and. the Bank.
As of August i 6, 2007 the Loans has a current outstanding principal balance of
$192,716.56 plus accrued interest of 55,945.42, and late charges of $693.80. As you also know,
the T>csan is in default due to your failure to make timely payments. 17ue to this default the Bank
hereby demands the entire balance due of $199,355.7$.. Interest is currently accruing at $56.76
per day.
The Bank has retained. the Iaw firm of NcNees Wallace & Nurick, LI,C to handle Iegal
matters to resolve this accoun#. Please have your ctaunsel contact Mr. Geoffrey S. Shul'f', Csquire.
He is located at 100 Pine Street, fiarrisburg, PA 17108-1166, Their telephone number is 717-
237-5439
If you have any questions, please contact me direct at 570-961-6246. "bank you in.
advance for your time and consideration into this matter.
Very truly yours,
Member of The PNC financial Services tireup William J. Durdach,lX.
241 Penn Avenue 5tranCon Pennsylvania 18603 Vice PreS2dent
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COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION
PNC BANK, NATIONAL ASSOCIATION, :DOCKET NO. Q''j-5q~3 lavi l Term
Plaintiff
v.
KDN ENTERPRISE, INC., D/B/A
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, KDN Enterprise, Inc., d/b/a Uni-
Mart, in the above-captioned action is not presently on active or nonactive military status.
Respectfully submitted,
McNees Wallace & Nurick LLC
,~-
Date: October~~ 2007 By: `'~~
eoffr "~ h ,Esquire
Supr Court 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. ~~_ 5c~3 nn
Plaintiff l~idil ]P.r'p1
v :CONFESSION OF JUDGMENT
KDN ENTERPRISE, INC., DB/A ;
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, KDN Enterprise,
Inc., d/b/a Uni-Mart, is 88 Broad Street, Delaware Water Gap, PA 18327.
Respectfully submitted,
McNees Wallace & Nurick LLC
Date: October /~ , 2007 By: - r
eo huff, squire
~eme Court I . #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. ~~ _ 5~t3 C;~ ~ ~ --~e~~r
Plaintiff
v :CONFESSION OF JUDGMENT
KDN ENTERPRISE, INC., D/B/A :
UNI-MART,
Defendant :PREVIOUSLY ASSIGNED TO: N/A
NOTICE UNDER RULE 2958.1
OF JUDGMENT AND EXECUTION THEREON
NOTICE OF DEFENDANT'S RIGHTS
TO: KDN Enterprise, Inc., d/b/a Uni-Mart
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.
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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 B
Y
G ey .Shull, Esquire
upreme Court 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. d"j - 5493 Civ~~ ~r~
Plaintiff
v.
KDN ENTERPRISE, INC., D/B/A
UNI-MART,
Defendant
CONFESSION OF JUDGMENT
PREVIOUSLY ASSIGNED TO: N/A
To: KDN Enterprise, Inc., d/b/a Uni-Mart, Defendant
You are hereby notified that on ~'-~ ~ ~ ~" , 2007, judgment by confession was
entered against you in the sum of $221,858.13, in the above-captioned case.
DATE:
S `~t8 ~..
Prothonotary ~~
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:
KDN Enterprise, Inc., d/b/a Uni-Mart
88 Broad Street
Delaware Water Gap, PA 18327
A rn aintiff
1
A, KDN Enterprise, Inc., dlb/a 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 $221,858.13, 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:
KDN Enterprise, Inc., d/b/a Uni-Mart
88 Broad Street
Delaware Water Gap, PA 18327
COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION
PNC BANK, NATIONAL ASSOCIATION, DOCKET NO. Q''j - X33 CiV~ 1 Te~M
Plaintiff
v.
KDN ENTERPRISE, INC., D/B/A
UNI-MART,
Defendant
CONFESSION OF JUDGMENT
PREVIOUSLY ASSIGNED TO: N/A
PRAECIPE FOR ENTRY OF APPEARANCE
TO THE PROTHONOTARY:
Please enter my appearance on behalf of Plaintiff, PNC Bank, National Association.
Papers maybe served at the address set forth below.
Geoffrey S. Shull, Esquire
McNees Wallace &Nurick LLC
100 Pine Street, PO Box 1166
Harrisburg, PA 17108-1166
(717) 237-5439
Respectfully submitted,
McNees Wallace &Nurick LLC
Date:October~~ 2007 By:
Ge .Shull, Esquire
upreme Court 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. 07-5993 Civil Term
Plaintiff
v.
CONFESSION OF JUDGMENT
KDN ENTERPRISE, INC., DB/A
UNI-MART,
Defendant :PREVIOUSLY ASSIGNED TO: N/A
RETURN OF SERVICE PURSUANT TO
PA. R.C.P. No. 2958.1(c)
Plaintiff, PNC Bank, National Association, hereby files this Return of Service and swears
and affirms that the person or persons listed below was or were served pursuant to Pa. R.C.P. No.
2958.1(b) with the Notice of Judgment and Execution Required by Rule 2958.1 by certified mail,
return receipt requested, as provided by Pa. R.C.P. No. 403. A copy of each receipt for certified
mail is attached hereto.
KDN Enterprise, Inc., d/b/a Uni-Mart
88 Broad Street
Delaware Water Gap, PA 18327
Date: October 2007 By
Respectfully submitted,
McNees Wallace & Nurick LLC
100 Pine Street, PO Box 1166
Harrisburg, PA 17108-1166
(717) 237-5439
Attorneys for Plaintiff
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?16D 3901 9845 2641 5368
TO: KDN Enterprise, Inc., d/b/a Uni-Mart
88 Broad Street
Delaware Water Gap, PA 18327
i
SENDER: Geoffrey S. Shuff
' REFERENCE: PNC Bank
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PS Form 3800 Janua 2005
RETURN Postage
RECEIPT Certified Fee
SERVICE
Return Receipt Fee
Restricted Delivery 1
Total Postage 8 Fees
US Postal Service POS 4 OR DAT ~j
Receipt for ~ ~ i 2 ~
Certified Allail
No Insurance Coverage Provided (JSpS
Do-Not Use fior International Mail
2. Article Number
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4. Restricted Delivery? (Extra Fee) UYes
1. Article Addressed to:
KDN Enterprise, Inc., d/b/a Uni-Mart
88 Broad Street
Delaware Water Gap, PA 18327
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