HomeMy WebLinkAbout08-0060
COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION
PNC BANK, NATIONAL ASSOCIATION, DOCKET NO. p$ -(OD (?i vl f I erM
Plaintiff
V. CONFESSION OF JUDGMENT
MOHAMMAD H. RAHMAN,
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 $190,837.09
b. Interest to December 27, 2007 $ 12,350.88
C. Late Charges $ 1,076.56
d. UCC Search Fees $ 18.00
e. Property Search Fees $ 115.06
f. Attorneys' Fees . 20,318-90
TOTAL: $224,716.39, plus interest, other
expenses, fees and costs
Respectfully submitted,
McNees Wallace & Nurick LLC
Date: January, 2008 By:
Yeo . S tf, Esquire
reme C9drt ID #24848
100 Pine ?freet, 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
MOHAMMAD H. RAHMAN, :
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, Mohammad H. Rahman is an adult individual with a last known
address of 600 E. Market Street, Danville, PA 17821 (the "Defendant")
3. The Defendant executed and delivered to the Plaintiff a U.S. Small Business
Administration Note dated November 21, 2005, in the original principal amount of Two Hundred
Eight Thousand Dollars ($208,000) (the "Note"), a true and correct photostatic reproduction of the
original of which is attached hereto as Exhibit "A" and made a part hereof.
4. The Defendant executed and delivered to the Plaintiff a Disclosure for Confession
of Judgment ("Disclosure for Confession"), a true and correct photostatic reproduction of the
original of which is attached hereto as Exhibit "B" and made a part hereof.
5. 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 September 24, 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 $190,837.09
b. Interest to December 27, 2007 $ 12,350.88
C. Late Charges $ 1,076.56
d. UCC Search Fees $ 18.00
e. Property Search Fees $ 115.06
f. Attorneys' Fees 20,319-90
TOTAL DUE: $224,716.39
10. Interest continues to accrue at a rate of $49.67 per day, through the date of payment,
including on and after the date of entry of judgment
WHEREFORE, Plaintiff, PNC Bank, National Association, demands judgment against the
Defendant, Mohammad H. Rahman, in the amount of Two Hundred Twenty-Four Thousand Seven
Hundred Sixteen and 39/100 Dollars ($224,716.39), plus interest at a rate of $49.67 per day,
through the date of payment, including on and after the date of entry of judgment on this
Complaint, and for other expenses, fees and costs to which the Plaintiff may be entitled.
Respectfully submitted,
McNees Wallace & Nurick LLC
Date: January, 2008 By:
Ggefey S uff, Esquire
Supreme ? 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, DOCKET NO.
Plaintiff
V. CONFESSION OF JUDGMENT
MOHAMMAD H. RAHMAN, ;
Defendant PREVIOUSLY ASSIGNED TO: N/A
VERIFICATION
I, Kyra E. Zoranski, Assistant Vice President for PNC Bank, National Association, being
authorized to do so on behalf of PNC Bank, National Association, hereby verify that the statements
made in the foregoing pleading are true and correct to the best of my information, knowledge and
belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.
Section 4904, relating to unworn falsification to authorities.
Date: ! 31 g
PNC BANK, NATIONAL ASSOCIATION
I
us &M e tlu lleR 1MtM1A fMttMn
U.S. Small Business Adminisuation
NOTE
SBA Loan # PLP -921-M 4-4041
SBA Loan Name MOHAMMAD H RAH AN DBA UNIMART
Date
Loan Amount 206,000.00
Interest Rate FIXED AT 9.50° FOR THE TERM OF THE LOAN
Borrower MOHAMMAD H RAHMAN DBA UNIMART
Operating
Company
Lentim PNC BANK, National Association
t PROMISE TO PAY:
In returns for the Loan, Borrower promises to pay to the order of Lender the amount of
TWO HUNDRED EIGHT THOUSAND- ----.---- Dollars,
interest on the unpaid principal balance, and all other amounts required by this dote.
2, DEFINITIONS:
"Collateral" means any property taken as security for payment of this Mote or any guarantee of this Note.
"Guarantor" means each person or entity that signs a guarnmec of payment of this Note.
"Loan" means the Joan evidenced by this Note,
"Loan Documents" means the documents related to this loan signed by Borrower, any tluttrantor, or anyone who
pledges collateral.
"SBA" means the Small Business Administration, an Agency of the United States of America.
SBA Form 147 (da+03lt)2) Ven oft 4,1
pap trs
9ankers Systems, Inc., St. C 40W, MN
t `? t f' ? c A l?
3. PAYMENT TERMS:
Borrower must make all payments at the plats Lender designates. The payment terns for this Note are:
This Note will mature in 10 years from data of Note.
The initial interest rate is 9.SM per year.
Borrower must pay principal and interest payments of $2,691.47 every month, beginning one month from the month
this Note is dated; payments must be made on the fast calendar day in the months they are due.
Lender will apply each installment payment first to pay interest accrued to the day Lender receives the payment,
then to brutg principal curreM then to pay any We fees, and will apply any remaining balance to reduce principal.
All remaining principal and accrued interest is due and payable 10 years from date of Nate.
Late Charge: If a payment on this Note is more than 10 days late, Lender may charge Borrower a late fee of up to
5% of the unpaid portion of the regularly scheduled payment.
Loan Prepayment:
Notwithstanding any provision In this rate to the contrary.
Borrower may prepay this Note. Borrower may prepay 20 percent or less of the unpaid principal balance at any time
without notice. if Borrower prepays more than 20 percent and the Loan has been sold on the secondary market,
Borrower must.
a. Give Lender written notice;
'b, Pay all accrued interest; and
c, If the prepayment is received less than 21 days from the date Lender receives the notice, pay an amount equal
to 21 days interest from the date Lender receives the notice less any Interest accrued during the 21 days and paid
under subparagraph b., above.
If Borrower does not prepay witaln 30 days from the date Lender receives the notice, Borrower must give Lender a
now notice.
611A farm 147 (i3(iJ!G?M) Vensom 4.1 Page 7/U
Bankers Systems, inc., St. Clued, MN
4. DEFAULT;
Borrower is in default under this Note if Borrower does not make a payment when due under this Note, or if Borrower
or Operating Company:
A. Fails to do anything required by this Note and other Loan Documents;
B. Defaults on any other loan with Lender;
C. Does not preserve, or account to Lender's satisfaction for, any of the Collateral or its proceeds;
D. Does not disclose, or anyone acting on their behalf does not disclose, any material fact to Lender or SBA;
E. Makes, or anyone acting, on their behalf makes, a materially false or nusleading representation to Lender or SBA;
R Defaults on any loan or agreement with another creditor, if Lender believes the default may materially affect
Borrower's ability to pay this Note;
G. Fails to pay any taxes when due;
H. Becomes the subject of a proceeding under any bankruptcy or insolvency law;
1. Has a receiver or liquidator appointed for any part of their business or property;
1. Makes an assignment for the benefit of creditors;
K, Has any adverse change in financial condition or business operation that leader believes may materially affect
Borrower's ability to pay this Note;
L. Reorganizes, merges, consolidates, or otherwise changes ownership or business structure without Lender's prior
written consent; or
M. Becomes the subject of a civil or criminal action that Lender believes may materially affect Borrower's ability to
pay this Note.
5. LENDER'S RIGHTS IF THERE 1S A DEFAULT:
Without notice or demand and without giving up any of its rights, Lender may:
A. Require immediate payment of all amounts owing under this Note;
B. Collect all amounts owing fresh any Borrower or Guarantor;
C. File suit and obtain judgment;
D. Take possession of any Collateral; or
E. Sell, lease, or otherwise dispose of, any Collateral at public or private sale, with or without advertisement.
b. LENDER'S GENERAL POWERS;
Without notice and without Borrower's consent, Leader may:
A. Bid on or buy the Collateral at its sale or the sale of another lienholder, at any price it chooses;
B. Incur expenses to collect amounts doze under this Note, enforce the terms of this Now or any other Loan
Document, and preserve or dispose of the Collateral. Among other things, the expenses may include payments
for property taxes, prior liens, insurance, appraisals, environmental remodiation costs, and reasonable attorney's
fees and costs. If Lender incurs such expenses, it may demand immediate repayment front Borrower or add the
expenses to the principal balance;
C. Release anyone obligated to pay this Note;
D. Compromise, release, renew, extend or substitute any of the Collateral; and
E. Take any action necessary to protect the Collateral or collect amounts owing on this Note.
SBA P OM 147 (060M) Varian 4.1 page &6
Bankers Systems, Inc., St. Cloud, MN
7. WHEN FEDERAL LAW APPLIES:
When SBA is the holder, this Note will be interpreted and enforced under federal law, including SBA regulations.
Lender or SBA may use state or local procedures for filing papers. recording documents, giving nice, foreclosing
liens, and other purposes. By using such procedures, SBA does not waive any federal immunity from state or local
control, penalty, tax, or liability. As to this Note, Borrower may not claim or assert against SBA any local or state law
to deny any obligation, defeat any claim of SBA, or preempt federal law.
& SUCCESSORS AND ASSIGNS:
Under this Note, Borrower and Operating Company include the successors of each. and Lender includes its successors
and assigns.
9. GENERAL PROVISIONS:
A. All individuals and entities signing this Note are jointly and severally liable.
B. Borrower waives all suretyship defenses.
C. Borrower must sign all documents necessary at any time to comply with the loan Documents and to enable
Lender to acquire, perfect, or maintain Lender's liens on Collateral.
D. Lender may exercise any of its rights separately or together, as many times and in any order it chooses. Lender
may delay or forgo enforcing any of its rights without giving up any of them.
E. Borrower may not use an oral statement of Lender or SBA to contradict or alter the written terms of this Note.
F. If any part of this Note is unenforceable, all other parts remain in effect
G. To the extent allowed by law, Borrower waives all demands and notices in connection with this Note, including
presentment, demand, Protest, and notice of dishonor. Borrower also waives any defenses based upon any claim
that Lender did not obtain any guarantee; did not obtain, perfect, or maintain a lien upon Collateral; impaired
Collateral; or did not obWn the fair market value of Collateral at a sale.
SSA Form 147 tt1&WM21 verww 4.1 pap 4A
Bankers Systems, Inc., St. Cloud, MN
IU. STATE-SPECIFIC PROVISIONS.
1. POWER TO CONFESS JUDGMENT. UNDERSIGNED HEREBY EMPOWERS ANY ATTORNEY OF ANY
COURT OF RECORD, AT ANY TIME AFTER THE OCCURRENCE OF ANY EVENT OF DEFAULT HEREUNDER, TO
APPEAR FOR THE UNDERSIGNED AND, WITH OR WITHOUT COMPLAINT FILED, CONFESS JUDGMENT, OR A
SERIES OF JUDGMENTS, AGAINST THE UNDERSIGNED IN FAVOR OF THE LENDER OR ANY HOLDER
HEREOF FOR THE ENTIRE PRINCIPAL BALANCE OF THIS NOTE, ALL ACCRUED INTEREST AND ALL OTHER
AMOUNTS DUE HEREUNDER, TOGETHER WITH COSTS OF SUIT AND AN ATTORNEY'S COMMISSION OF 10%
OF SUCH PRINCIPAL AND INTEREST ADDED AS A REASONABLE ATTORNEY'S FEE, AND FOR DOM SO.
THIS NOTE OR A COPY VERIFIED BY AFFIDAVIT SHALL BE A SUFFICIENT WARRANT. THE UNDERSIGNED
HEREBY FOREVER WAIVES AND RELEASES ALL ERROR$ IN SAID PROCEEDINGS AND ALL RIGHTS OF
APPEAL AND ALL RELIEF FROM ANY AND ALL APPRAISEMENT, STAY OR EXEMPTION LAWS OF ANY STATE
NOW IN FORCE OR HEREAFTER ENACTED.
JUDGMENT MAY BE CONFESSED FROM TIME TO TIME UNDER THE AFORESAID POWER TO CONFESS
JUDGMENT AND NO SINGLE EXERCISE OF THE FOREGOING POWER TO CONFESS JUDGMENT, OR A
SERIES OF JUDGMENTS, SHALL BE DEEMED TO EXHAUST THE POWER, WHETHER OR NOT ANY SUCH
EXERCISE SHALL BE HELD BY ANY COURT TO BE INVALID, VOIDABLE, OR VOID, BUT THE POWER SHALL
CONTINUE UNDIMINISHED AND IT MAY BE EXERCISED FROM TIME TO TIME AS OFTEN AS THE LENDER
SHALL ELECT UNTIL SUCH TIME AS THE LENDER SHALL HAVE RECEIVED PAYMENT IN FULL OF THE DEST,
INTEREST, COSTS AND FEES.
2. Governing Lew; Jurisdiction. This Nate Wit be interpreted and the rights and liabilities of the parties hereto
deters in accordance with the taws of the CommWWeatth of Pennsylvania. ercciuding its con#Jict of taws rules.
The Unde signed hereby irrevocably consents to the exclusive jurisd n of the Courts of Common Pies of the
Commonwealth of Pennsylvania and the United States District Court for the Eastern District of Pennsylvania; provided
that nothing contained In this Note will prevent the Lender or any holler hereoFf from br ngkV any action, enforcing any
award or judgrrlent or exercising any rights against the Undersigned, against any security or against any property of
the Undensigned within arry ear cxxxity, state or other foreign or domestic jurisdiction. The Undersigned gees that
the venue provided above is the most convenient form for both the lender and the Undersigned and the Undersigned
waives any otjedion to venue and any objection based on a more t onvenient forum in any acticm instituted under this
Note. The Undersigned agrees the service of process in any such proceeding may be duly effected upon the
Undersigned by mailing a copy thereof by registered mail. Postage prepaid, lo the Undersigned.
3. WAIVER OF JURY TRIAL. THE UNDERS04ED IRREVOCABLY WANES ANY AND ALLR IGHTS THE
UNDERSIGNED MAY HAVE TO A TRIAL BY JURY IN ANY ACTION, PROCEEDING OR CLAIM OF ANY NATURE
RELATING TO THIS NOTE, ANY DOCUMENTS EXECUTED IN CONNECTION WITH THIS NOTE OR ANY
TRANSACTION CONTEMPLATED IN ANY OF SUCH DOCUMENTS. THE UNDERSIGNED ACKNOWLEDGES
THAT THE FOREGOING WAIVER IS KNOWING AND VOLUNTARY.
$BA Form 147 {06013/02} Version 4.1 pap 6M
Bankers Systems, Inc., St. Cloud, MN
11. BORROW ER'S NAME(S) AND SIGNATURE(S):
By signing below, each individual or entity becomes obligated under this Mote as Borrower.
MOHAMMAD H RAHMAN DBA UNiMART
MOHAMMAD H RAHMAN
5&R Fwm 117 (tMl!p3*Z Veralaf 4.1 rage SM
Bankers Systems, lnc.. St. Cloud, MN
q?00, P
Disclosure for Confession of Judgment
Undersigned: MOHAMMAD H. RAHMAN
DBA UNIMART
RAILROAD & MARKET STREET
DANVILLE, PA 17821
Lender: PNC BANK, NATIONAL ASSOCIATION
8800 TMCUM BOULEVARD
PHILADELPHIA, PA 19153
PNCBANK
The undersigned has executed, and/or is executing, on or about the date hereof; the following document(s) under which
the undersigned is obligated to repay monies to Lender:
Us Small Business Administration Note.
A. THE UNDERSIGNED ACKNOWLEDGES AND AGREES THAT THE ABOVE DOCUMENTS CONTAIN PROVISIONS UNDER
WHICH LENDER MAY ENTER JUDGMENT BY CONFESSION AGAINST THE UNDERSIGNED. BEING FULLY AWARE OF rrS 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 IS ENTERED, THE UNDERSIGNED HEREBY FREELY, KNOWINGLY AND INTELLIGENTLY
WAIVES THESE RIGHTS AND EXPRESSLY AGREES AND CONSENTS TO LENDER'S ENTERING JUDGMENT AGAINST IT BY
CONFESSION PURSUANT TO THE TERMS THEREOF.
B. THE UNDERSIGNED ALSO ACKNOWLEDGES AND AGREES THAT THE ABOVE DOCUMENTS CONTAIN PROVISIONS
UNDER WHICH LENDER MAY, AFTER ENTRY OF JUDGMENT AND WITHOUT 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 RIGHTS AFTER JUDGMENT IS ENTERED (INCLUDING THE RIGHT TO MOVE TO
OPEN OR STRIKE THE JUDGMENT), THE UNDERSIGNED HEREBY FREELY, KNOWINGLY 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 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: 1 l• 2 l. (!NS
1-' -
Mohammad H. Rahman
EX?, ,\:, 1? " 6»
Form 8M - PA Rev. 3/99
September 24, 2007
Certified and Regular Mail
Mohammed Rahman dlb/a Uni-Mart
600 E Market Street
Danville, Pennsylvania 17821
RE: Loan #32239133/602672187
Bear Mr. Rahman:
You are in default of your obligations to PNC Bank (the "Bank") for failure to make
payments on the $208,000.00 loan (the "Loan") as required in the Promissory Note that
evidences the Loan and the Guaranty Agreement(s) that sires the Loan. As a result of
the default of your obligations to the Bank, the entire outstanding amount of the Loan has
been accelerated and is now due and payable immediately in full. The amounts that are
due and payable to the Barak are as follows:
Principal $190,837.09
Interest $ 8,741.91 (as of 8/24/07)
Tate Charges $ 1572.$5
Total $200,251.85
Interest continues to accrue at the rate of $49.67 per day through the date on 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 for all attorneys' fees incurred or paid by the Bank with.
respect to this matter.
Please snake arrangements for payment in full of your obligations to the Barak by
contacting the Bank, as follows:
Kyra E. Zoranski
Assistant Vice President
201 Penn Avenue
Scranton, PA 18503
Phone: (570) 961-6266
Fax: (570) 961-6240
Member of The PNC FInanctat Services Group
2011 Penn Avenue Scranton Pennsytvania 1M
www,pnc.com
X Ins Ott "? »
!11 . i' i
Page 2
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 Bank in the
immediate future. Otherwise, the Bank may have no alternative but to initiate collection
proceedings.
If you have any questions please call me at 570-961-6266. Thank you in advance for
your cooperation in this matter.
Sincerely,
Kyra E. Z.oranski
Assistant Vice Pr t
? N
T1
Mn
-77
COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION
PNC BANK, NATIONAL ASSOCIATION, : DOCKET NO. lerrn
Plaintiff
V. : CONFESSION OF JUDGMENT
MOHAMMAD H. RAHMAN,
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 may be 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
Date. January3, 2008
Respectfully submitted,
McNees Wallace & Nurick LLC
By:
'' Sup*fne CourtVD #24848
00 Pine Str t, PO Box 1166
Harrisburg, PA 17108-1166
(717) 237-5439
Attorneys for Plaintiff
r-a
?C5
INTEGRITY BANK,
V.
DAVID G. KENNERLY AND
:CASE NO. ()g - (DC) Ciivi l Trm
KIMBERLY A. KENNERLY, CIVIL ACTION -LAW
Defendants MORTGAGE FORECLOSURE
AFFIDAVIT OF NON-MILITARY SERVICE
AND LAST-KNOWN ADDRESSES
OF DAVID G. KENNERLY AND KIMBERLY A. KENNERLY
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF DAUPHIN
SS.
The undersigned, being duly sworn according to law, deposes and says that to the best of
my information and belief David G. Kennerly and Kimberly A. Kennerly are not in the
Military or Naval Service of the United States or its Allies, or otherwise within the provisions of
the Servicemembers Civil Relief Act, f/k/a the Soldier's and Sailor's Civil Relief Act of 1940, 50
U.S.C. App. 501, et seq. David G. Kennerly and Kimberly A. Kennerly are over eighteen (18)
years of age and was last known residing at 6307 Valleybrook Drive, Mechanicsburg,
Pennsylvania, 17055.
SWORN and subscribed to
before me this 3rd day
Clayton . Da dson squire
of?anya;2
fUA
C
otaryMy Commission Expires
(SEAL) COMMONWEAL H OF PENNSYLVANIA
Notarial Sea,
Ellen M. Palmer, Notary Public
MY ? ^g? ?Phin.1Coirgy
, 2D1
Expires'?9,1,2010
IN THE COURT OF COMMON PLEAS
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
N C7
?. • i ' ` ?,,?y :? 1`3-1
COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION
PNC BANK, NATIONAL ASSOCIATION, DOCKET NO. C)$ - teD c ivi l TuTM?
Plaintiff
V.
CONFESSION OF JUDGMENT
MOHAMMAD H. RAHMAN,
Defendant PREVIOUSLY ASSIGNED TO: N/A
NOTICE UNDER RULE 2958.1
OF JUDGMENT AND EXECUTION THEREON
NOTICE OF DEFENDANT'S RIGHTS
TO: Mohammad H. Rahman
A judgment in the amount of $224,716.39, plus interest, other expenses, fees and costs has been
entered against you and in favor of the plaintiff without any prior notice or hearing based on a
confession of judgment contained in a written agreement or other paper allegedly signed by you.
The sheriff may take your money or other property to pay the judgment at any time after thirty
(30) days after the date on which this notice is served on you.
You may have legal rights to defeat the judgment or to prevent your money or property from
being taken. YOU MUST FILE A PETITION SEEKING RELIEF FROM THE JUDGMENT
AND PRESENT IT TO A JUDGE WITHIN THIRTY (30) DAYS AFTER THE DATE ON
WHICH THIS NOTICE IS SERVED ON YOU OR YOU MAY LOSE YOUR RIGHTS.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT
HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS
OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER.
IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO
PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL
SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE.
w?
Cumberland County Bar Association
32 South Bedford Street
Carlisle, PA 17013
(717) 249-3166 or 1-800-990-9108
Respectfully submitted,
McNees Wallace & Nurick LLC
Date: January, 2008 By: x??Zv
Geo S huff, Esquire
S reme ourt ID #24848
100 Pine Street, PO Box 1166
Harrisburg, PA 17108-1166
(717) 237-5439
Attorneys for Plaintiff
3
v
COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION
PNC BANK, NATIONAL ASSOCIATION,
Plaintiff
: DOCKET NO. 0$ - W Civ; l -rem
v.
MOHAMMAD H. RAHMAN,
Defendant
CONFESSION OF JUDGMENT
: PREVIOUSLY ASSIGNED TO: N/A
AFFIDAVIT OF NON-MILITARY SERVICE
TO THE PROTHONOTARY:
I do certify, to the best of my knowledge, that Defendant, Mohammad H. Rahman, in the
above-captioned action is not presently on active or nonactive military status.
Respectfully submitted,
McNees Wallace & Nurick LLC
Date: January ?, 2008 By:-?
Co uff, Esquire
upreme urt ID #24848
100 Pine treet, PO Box 1166
Harrisb g, 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. Cg- ?>D Clvi { -re4-M
Plaintiff
V. : CONFESSION OF JUDGMENT
MOHAMMAD H. RAHMAN,
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, Mohammad H.
Rahman, is 600 E. Market Street, Danville, PA 17821.
Date:. January;, 2008
Respectfully submitted,
McNees Wallace & Nurick LLC
By:
T •?1aN11 LJ?1.{llN
e Co #24848
100 Pine Str Zt,MNO 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. O$- (oa ???? "tom
Plaintiff
V.
MOHAMMAD H. RAHMAN,
Defendant
: CONFESSION OF JUDGMENT
PREVIOUSLY ASSIGNED TO: N/A
To: Mohammad H. Rahman, Defendant
You are hereby notified that on / , 2008, judgment by confession was
entered against you in the sum of $224,7109, in the above-captioned case.
DATE:
P othonotary J '0'q
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:
Mohammad H. Rahman
600 E. Market Street
Danville, PA 17821
Attor6K P aintiff
s _
A, Mohammad H. Rahman, Demandado(s)
Por este medio sea avisado que en el dia de de 2008, un fallo por admision fue
registrado contra usted por la contidad de $224,716.39, del caso antes escrito.
Fecha: el dia de de 2008
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 PARA 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:
Mohammad H. Rahman
600 E. Market Street
Danville, PA 17821
r-
av:
.° T1
COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION
PNC BANK, NATIONAL ASSOCIATION, DOCKET NO. 08-60 Civil Term
Plaintiff
V. CONFESSION OF JUDGMENT
MOHAMMAD H. RAHMAN,
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.
Mohammad H. Rahman
600 E. Market Street
Danville, PA 17821
Respectfully submitted,
McNees Wallace & Nurick LLC
Date: January: r,2008
By:
?,S11pr a Court ID #29$48
100 Pine Street, PO ox 1166
Harrisburg, PA 17108-1166
(717) 237-5439
Attorneys for Plaintiff
r `.
ti
7160 3401 4645 2641 5656
j TO; Mohammad H. Rahman
600 E. Market Street
Danville, PA 17821
i
j SENDER: Geoffrey S. Shuff
REFERENCE: PNC Bank
PS Form 3800 Janua 2005
RETURN Postage
RECEIPT Certified Fee
SERVICE
Return Receipt Fee
Restricted Delivery
i
Total Postage & Fees a
US Postal Service POSE JK OR DATE
Receipt for JAN Certified Mail
No Insurance Coverage Provided
Do Not Use for International Mail
SAS , ?,?'
2. Article Number
?Id?'IINN?IINI?V??
7160 3901 9845 2641 58S6
3. Service Type CERTIFIED MAIL
4. Restricted Delivery? (Extra Feel ElYes
1. Article Addressed to
Mohammad H. Rahman
600 E. Market Street
Danville, PA 17821
PS Form 3811, January 2005
1 ?
A9- RfoaNed by (Please,Print'Clear y) ' B. Date of Delivery
X? ? Agent
? Addressee
D. Is delivery addre different from item 1?
If YES, enter del ry address below: Yes
? No
PNC Bank
Geoffrey S. Shuff
Return Receipt
C:73
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CO,