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HomeMy WebLinkAbout08-1297IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PNC BANK, NATIONAL ASSOCIATION, Plaintiff, vs. CONTAINERBRIGHT, INC., Defendant. No. 0$~ IaR~( ~~U~f -T'~rm CONFESSION OF JUDGMENT Pursuant to the authority granted in the Warrant of Attomey contained in the Note, a copy of which is attached as Exhibit "A" to the complaint filed in this action, the undersigned attorney hereby appears for Defendant and confesses judgment in favor of Plaintiff, PNC BANK, NATIONAL ASSOCIATION, and against Defendant as follows: Principal Debt $ 57,224.22 Interest through 10/26/07 4,647.32 Late charge 984.36 Attorney's Commission 6.187.15 Total $ 69,043.05 Donna M. Donaher, Esquire Attorney for PNC Bank, National Association r THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PNC BANK, NATIONAL ASSOCIATION, CIVIL DIVISION Plaintiff, NO. vs. COMPLAINT IN CONFESSION OF JUDGMENT CONTAINERBRIGHT, INC., Defendant. Code: Counsel of Record for This Party: Donna M. Donaher, Esquire Pa. I.D. #53165 TUCKER ARENSBERG, P.C. Firm #287 1500 One PPG Place Pittsburgh, PA 15222 (412) 566-1212 ~ , IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PNC BANK, NATIONAL ASSOCIATION, ) Plaintiff, ) . No. vs. ) CONTAINERBRIGHT, INC., ) Defendant. ) COMPLAINT IN CONFESSION OF JUDGMENT AND NOW, comes the Plaintiff, PNC BANK, NATIONAL ASSOCIATION, by and through its counsel, Tucker Arensberg, P.C., and files this Complaint confessing judgment in its favor, stating as follows: 1. Plaintiff, PNC BANK, NATIONAL ASSOCIATION ("PNCB"), is a national banking association organized under the laws of the United States and a citizen of Pennsylvania, with its main office located at Fifth Avenue and Wood Street, Pittsburgh, Pennsylvania. 2. Defendant is Containerbright, Inc., whose last known address is 2410 Gettysburg Road, Camp Hill, PA 17011. 3. Defendant, on April 4, 2003, executed a Promissory Note ("Note") and thereby promised prompt and punctual payment of the indebtedness due under the Note. A true and correct copy of said Note is attached hereto, incorporated herein and labeled Exhibit "A". 4. By the Note, Defendant, promised to pay Plaintiff the principal sum of $100,000.00 together with interest thereon in the manner provided by the Note. 5. There has been no assignment of the Note. 6. Judgment has not been entered on the Note in any jurisdiction against the Defendant. 7. The judgment by confession sought by PNCB in this Complaint is not being entered against a natural person in connection with a consumer credit transaction. 8. By Warrant of Attorney contained in the Note, Defendant authorized entry of judgment by confession. 9. Pursuant to the Warrant of Attomey, executed by Defendant, Defendant waived the benefit of all laws exempting real or personal property from execution. 10. Pursuant to the Warrant of Attomey contained in the Note, judgment may now be entered against Defendant as payment was not made when due creating an event of default under the Note and, accelerating all amounts due. The Warrant of Attorney also allows judgment to be entered as of any term. 11. Under the Note, the following amounts are now due by Defendant to PNCB: Principal Debt Interest through 10/26/07 Late charge Attorney's Commission Total $ 57,224.22 4,647.32 984.36 6.187.15 ~ 69.043.n5 12. Under the terms of the Note, Defendant is liable to PNCB for attorney's commission of ten percent for collection. WHEREFORE, Plaintiff, PNCB, demands that a judgment be entered against Defendant as authorized in the Warrant of Attorney contained in the Note, in the sum of $69,043.05, together with interest and costs of suit. TUCKER ARENSBERG, P.C. B ~~ ~~~`~ y ~ Donna M. Donaher, Esquire 1500 One PPG Place Pittsburgh, PA 15222 (412) 566-1212 -2- u i°'.y, 6. 2iIQ7 9;~;aRN PNC SANK 412-762-8114 No. 1197 P. 3 PROMISSORY NOTE ~ ,~1 ~ ~~~ ~~ ~ ~ 1, ~,V, ~, ' <~s a' , ,", ,, 1 'gin =~~.a' ~. ..:r ~:,'~ •,=;xy~~y~,yli`:~Ifa...x..M.~ tbo:~,,, ~~>rittcl~r~ ..fin References In the shaded apa,a~ ~fo~L~ender's~~ux~o~nly and tlp no limit tF applicability of this document to aAy particular loan or Item. Borrower; CONfAtN6lIBRIGHT, ING. tTIN: 46.05070081 Lender: PNG Bank. Nations) Association 2410 QgTTYSBt1Rd ROAb Busktess Bankinla CAMP H1[,L, PA 17017 4'242 Car)isle Plka Camp HiN, PA 77007 Prlnclpal Amount: S 100,OQO.Qp Intt3re6t Rats: 7.0009 I~te of Note; April 4, 2Q03 PROMISB TO PAY. CbNTAINGRBRIQHT, INC. t"Borrower"} promises to pay t{D PNC Bank, National Association (`Lender"t, or order, in lawful money Ot the Uttfeed States of At»eriea, the principal amount at One Hundrod Thousand B ODJ700 Dogers (#10D,OOOAO), together with interest at the rate of 7.00096 per annum on the unpaid principal badtatoe from April 4, 2003. tsttrt paid in fu6. PAYM9~fT. Borrower wiM p#y this loan in 84 paymer~ of $7,'~t4.4f3 sodt paymem. Borrower's first payrtxrrt is due May 4, 2003, and art subsogrrertt paymmtte are duo on the same day of eit011 motttlt slier that. Borrower's final psynrsnt wtTl be due an Aprf14, 2070, attd will be for ail prtneipat trod alt aoonrad interest not yet paid. Paymttttte iittdt~e principal and irresrest. lfnMss odtertwisa agreed or rograNrad by applicable law, paynfenfs wdl he applied first t0 acenretf unp6itl interost. tftert ~ prinoiprtl, and any rent#Ining srrtourrt to anY ttnpalol eolk:ct;on poste and late Charges. The arrraatl int6fest rate for tttEs Note is tttnnputed on a 8f35l3f)O basis: tt'Iaf ts, by applying the ratio of the annual interest rate owr a year of 360 days, multiplbd by a+e o+utstan~ng prhtcipsl balenpe, muhlpllttd by the a~ttral number of days the principal bataraoe fe outstandng, The level payment amount is calculated on the assumption that each perlodio payment will be made.on the date when due, and ff there is any variation in the aatuaf payment d>Ites, there may be an addltlonal amount due upon maturity of this Note. Any amortization schedule provided to Borrower is only an 95timete, and Is superseded by the term; of this Note regarding the aocrual and payment of interest. Borrower will pay lender at Lender's eddress'shown above or at such other place as Lender may designate in writing, PREPAYMENT' PENALTY. Upon prep>iymer-t of this Noto, Lender >s ttntidad to the fo)lotn~rtg prepayment pttl7elty; tf true Note beers interest at the F)oadng Rsta, the indebtedness may be prepaid in whole or in part at any tune without penally. tf this Note bears interest at a Fixed Rage. notwitttstandtng anydting contaihted herein to the cattrarY, upon any propeyment by or on battalf of the t3ortowor (whether voluntary, on dafauk or othrtwisal, the Borrower Shan, upon demand by the Bank, pay rho Bank as oompertsatilon for the seer of being prepared m advance fixed rats funds hereunder sn amount squat to the Cali of Prspsymelx. "Cost of Prspaytpent" means an amount equal to the present vattre, if positive. of the product of (a1 the dfffironre between li} the yield, en pre beginning data of the app!-reable interest period, of a iJ.8. Treasury abdgtttion with a matsirfty s"anilar to the appfieabfe interest period minus (ii} the yield on the propaymturt date. of a U.$. Treasury obNgatlorr with a maturity aimiter t0 the retrtalning maturity Of the applinabfa irKerest period, and tb) the principal amount to bo propald, and to) she rxlmber of years, ineludIrq ira4tional years, from rho prepayment dais to the. end of the appicable interest period. The yield on any U.S. Troavury oMfgation shag be detrrmkted by roference to Federal Reserve Statistloal Release H.76t678) "fiafseted Interest Rates". For purposes of makMg presarn value ¢alaulations, the yield to maturity of a similar tnsturlty U.B. TreBSUry Obligation on the prepayment date shaft be deemed the diseeurtt rats. The Cost of Prepaymarn shall also apply to any pay,nems made after asaalsratfon of the ntaturtty of tltis Noe while a Fixed Rate is in effect. Except for the foregoing, Borrower tray pay ap or a portion of the amount owed earlier thar- it is due, @arly payments will not, unless agreed to by !.ender to writing, relieve Borrower of Borrower's obltgatlon to comhtue to make payments under the paymP,ttt schedule, Rather, early payments will reduce the principal balance duo and may result in Borrower's making fewer payments. t3onpwer agrees not to send Lander paymems marked "paid in full", "wthout recourse", or similar language. ,If Borrower sends such a payment, 1,eolier may accept it without losing any of " Lender's rights under this Nuts, and Borrower will remain obtlgaSSd to pay any further amount owed to Lender. AI! written oommuMnat)ons aonceming d(sputad amounts, Inoluding any check or other payment Instrument that indteates hurt the payment conatftutes "payment in full" of the amount Oared or that Is tendered with other oondltbns pr IimitaGOna or as full satiefactien of a disputed amount must be mailed, or delivered, to: PNC Bank, Natlenal AssociaUCn, Attn: 15oa Prep/t]psrationa Department • BBCAC, 8800 7inicum Boulevard 8th Floor Philadelphia, PA 18753, .. ~'~ , ' LATB CHARt;>:, It a payment is 75 days ar more late, Borrower will be charged S.ODOai6 of the regularly scheduled payment or 4700.00. whkltevar is less, INTBR!?ST AFTBPI pEFAULT. Upon default, including failure to pay upon final maturity, Lender. at its option, may, if permitted under apptlcable law, Inpraase the tnteroet rate an this Nose 5,000 percentage pelota. Th'e interest rate will oat exceed the maximum rate pennftted by applicebla law, If Judgment is entered in connection with this Note, interest wIII continua to accrue on this Note after judgment at the existing Interest rate Arouided for In this Note, DEFAULT. Each of the following shall cohstitute an evem of default t'Evern of Default"J under this Note: Payment Default. Borroyver flails to make any payment when due, other Defaults. E'prrgw6r or Grantor falls to comply wiCh or to pB-form any other term, obllgatlan, cnvenam or condition contakted In this Nate or In any of tt19 related doau;mants ar t0 comply with or to perform any term, obllgsdon, Goxsnant or Condition contained fn any other agreement between Lender and Borrower, pefaUlt in Favor of Third Parties. Borrower or any t3rantor defauhs under any ban, extension of credit, security agreement, purchase ar salsa agreamsnt, ar any other agreement, in favor of any outer Creditor ar parson that maY materially affect any of Sarrowar's property or Borrower's ability to repay this Note ar perform Borrower's obl)gations under this Note or any of the related documents. False statements, Arsy warranty, representation or statement made or furnished to Lender by Borrower ar on Borrower's behalf under this Note or the related documents is false or misleading in any matariaf respect, either now or at the time made or furniah~ pr becomes false or misleading at any time thereafter. lnsotvancy, The dissolution or termtnatlan of 8orrower.'s existence as a going business, the Insolvency of Borrower, the appointment of s receiver ,for any part of Borrower's property, any assignment far the benefit at creditors, any type of creditor workout, ar the eomtnencement of any prooaadtng under arty bankruptcy or Insolvency laws by or against Borrower, creditor or Forfaftttro Procatxdirtgs. Commencement of foreclosure or forfeiture proceedings, whether by Judicial proceedit9g, Self•help, repossesalon or any other maHwd, by any creditor of t3orrower or by any governmental agency against any collateral ateur)ng the loan. This includes a Qarnishment of any of Borrower's acc wkh Lander. However, this Event of Osfault shall not apply if there is a goad faith dispute by Borrower of the claim which is the bests of the credltor,ot ftirteiture proceadtng and if Borrower gives Lender wr' EXHIBIT a proceeding and deposhs wRh Lender monies ar a surety band for the aredlter er forfeiture proceedi ~ ~ der, in ie9 sofa discretion, as being an adequate razaNa or bond for rho dispute. , t ~;,n, ;~ ~,~ n,~ ;, ~~~_ ~. ~vvi ~ ;~Rw PiV~~ EAiti'K 4"2-762-.'7'4 ., No, 1197 F'. 4 F'RdMISSORY NOTt= tContirtuad} Pe 2 Events Affecting Guarsr-tar. Any of the preceding events occurs with respect to any CiuaraT~or of arry of the indebtedness or 8ny~~ Guarantor diva or becomes lnaompetant, or revokes ar disputes .the validity at, or IlebNlty under, any guaranty of the indebeedrreas evidenced by this Note, Change ih ONRrerehip. Any C148nga in ownershla of twantyfive percent 125%t nr rru,ra of rr,a rnen;wnn a.~..f, „r o,...,,..,e. Adverse Chettga. A materiel adverse Change occurs in 13prrpwer`s financial cortditlon, or 1,ander bailgves the prospect of payment or parfarrrtanoa of this Nola is impaired. Insecutfty, tender in good f8ith believes itself insgpure. LENDER'S RiGH'f'$, Upon default, Lander may, after gluing such notices as required by applicable 1nw, declare the entire unpaid prlnelpal balance an this Note aM alt accrued unpaid interest (tt-medtately due, without notice, aftd then Harrower will pay that srnaunt. ATTORNEYS' FEES; EXPENBE$. Lender ;nay hire or pay someone else to help collets this Note if Enrrower does not pay, Borrower will pay lender that amount. This Inotudes, subject to any limits under npptlcaf>Ie taw, Lender's attorreys' fae>f end Larrder's legal expanses, whether or not there is a lawsuit, irrotuding attorneys' fees, expenses for bankruptcy procastTrnps (Ineluding effortll to mo~fy or vacate any automatic stay pr (njunctionl, 8ppeals and any arrtiaipatad post-juds;emem cafleation services, 1f not prohibited by applicable (aw, Barrow®r also wilt pay any court coats, in addltien to all ether sums provided by law. WAIVER ar: JURY 'TRIAL. 7NE BORROWMi lRR8Y0CAHLY wA1YE$ ANY AND Al.I. Rir3HTS THE 9QRRaWgR 141AY HAVE TD A TRIAL BY JURY 1N ANY ACTION, PRCCF.EDtNG OR CLAIM DF ANY NATURE RELATIN9 TO THIS NOTE, ANY DQE.'uMENTfi EXECUTED W CONNECTION WITM THIS NOTE OR ANY TRANSACTfON CONTEMPLATED iN ANY OF SUCH DQCfJSAgpTS, THE B~iRI'fOWER ACKNOWLEDGF$1'HAT tN6 T9itfdOWG WANEfi IS KNOWNiG AND VOLUNTARY, GOVERNW(3 LAW. Thb Note wiM be governed by, construed aria ertfnrced in exordmrge w[th federal law and the Isws of the COrnrnonwealth of Peexesylvania. This Note hoe been aeogptad by Landes in the Cotnrttottweelth of Pennsylvania, CHOiGB OF VENUE, if there is a iawsalt, Borrower agrees upon Lendar'e request t0 Submk to the.Jurlsdk:tlon of the courts of Cumberland County, Commonwealth of Pennsylvania. RIGHT OF SETOFF. !n 8ddltton to all Nena upon and rights of setoff against Borrower's money, securll~s or otfier property ghlen to Lendar'by taw, Lender shall bees, with respect to Bartower'a obkgationa to Lender under tlrla Note and to the sXtsnt perrr~ttad by Lew, a eonttatitual poasessory Security interest in and a contr8etua! Hgh! of setof} agalgat, and fforrowsr hereby asxifms, wnveys, tNlivsre, pledgee and transfers to Lender all of Borrower's right, tilts and interest in and to, all of Borrower's deposits, moneys, secuAtles and other property now or hereafter in the possession of or on deposit with, or in transit to, Lender or any other direct or indirect subsidiary of The PNC Financial Services Qrpup, Ina., whether held to a general or special account or deposit, wfietf+er held Jointly with someone Hive, or vwhether held for safekeeping or otherwise, excluding, however, a6 IRA, Keogh, and trust accounts, Every such security interest end 179ht of setoff may Ile exercised without demand upon ar notice to Elonowar. Every Such right o1 setoff ahafl be deemed w have been exercised inrmed-ateiy ton the occunenee of an Event of Default hereunder without any action of Lander, although Lender may enter such setoff on its books antl racol'd8 at a Teter time, FINANCIAL IfVFORMATIOM pltt)VISION. Borrower agrees to delEvbt eery flnanclai and otttee business intormatlotr concerning 9al't'ower that Lender may request from time to time, such as annual and interim ftnandel statements (a!I of which shall be prepared in accordance with generally accepted aoaounting principled and federal Income tax returns, DEPCSROitY. Borrower will estabNah and maintain, with Lertdar, Borrower's primary depository account(s). If 8arrowsr fails to establish andlor maintain its primary depositary eccountisi with Lender, Lender may, at Its option, upon thirty (30r days notice to Borrower, frtcreasa the Interest rate payable by Borrower under this Nate by up to i ,00 percentage points (1,00961. Lender's right to iat:reasq the interest rate pursaant t0 this paragraph shall be In addition to any Other rights or remgdlea Lsndar may have under this Note, all of which are hereby reserved, and shell not constitute a waiver, release or limltatlan upon tender's exercise of any such rights or remedies. ADpRIONAL PROVISION. The Borrower hereby authorizes the Lender to charge the Borrower's deposit account at the Lertdar for any payntiant when due hereunder. If the Borrower revokes the automatic payment authortxation for any reason wrfrataoover ar falls to maintain 8 deposit account with Lender which may ba charged, Lender, at Its opdon, upon thirty 1301 days notice to the Borrower, trtcneasq the interest ~ " payable by the Borrower under this Note by twenty-five (25) beats points (0.25961. SUCCESSOR MITERESTS, The terms of this Npte shalt be binding upon Borrower, and upon Borrower's heirs, personal representatives, sucoesegrs and essigna, and EheB Irtura to the berrsfit of Gender and lt5 sucegsaera and aeelgna, ' '"" " GENERAL PROVIStDNS. Lender may deftly or forgo enforcing any of its rights or remedies under this Npte without (oslrtg them. Borrower surd any other person who signs, guarantees or endorses this Npte. to the extant eUawed by law, waive presentment, demand for payment, lard notice of disf,onOr. Upan any change in the terms of this Note, and unleea otherwise e,sprassty stated In writing, n0 party who Signs thla Note, whether as maker, guarantor, aecpmmodatlon maker or endorsor, shall be released from liability. Alt each parties agree that Lender may renew or extend (repeatedly and for any length of 4im®I this loan or release any party or guarantor or coilsteral; or impair, felt to reaitze upon or perfect Lender's security Interest in the COAateral; and take any other action 4eemed »ecessery by Lender without the consent of or notice t0 snydfie, AA such parties alsq agree chat Lender may modify this loan without tlw consent of or notice to anyone outer then t1t9 paKy with whornYhe modttlpatian !s made. The obligations under this Note are joint and several, If any portion of this Note is for any reason d®termined io be unenforceable, it wit! not affect the enforceability of any other provisions of this Note, COft1FESSION OF JUDGEMENT, THE BOfiAOWER HEfi56Y EMPOWERS ANY ATTORNEY OF ANY COURT DF RECORD, AFTER TE{g OCCURRENCE OF ANY EVENT OF Dlf°AULT H£~{EUM1IOER, TO APhEAR Fblt THE BORROWER AND, f!(?1TH OR WfTHOUT CQMPLAlNT FILED, CONFESS JUD6lYtf?NT, Qtr "P- SEAtES OF JUDQMENTt9, AGAINST TH¢ BORROWER 1N FAVQR t)F LE{~!' ER qFt ANY HOLDER MIREAP FOR THE ENTIt'li PRINCIPAL BALANCS OF THIS NOTE, AI,L ACCRUED INTERP.6T AND ALL OTHER AMOUNTS bUl: HtREUNDER. TOGl:TFiER WRH COSTS OF SUR AND AN ATTORNEY'S COMMISSION aF THE GR6a4TER OF 1096 OF BUGH PRINCIPAI,~NO INTEREST OR 41,000 ADDIS AS A REASOIaAt~i.E A'PTt)RNEY'S FEE, AND FOA DOtNfi 9O, THIS NOTE OA A COPY VE#11F1ED BY ,~IFF1DAVfT SHAL4 BE A $UFFtCIERT WAf9f>tAN7. THE BORROWER H6R~Y FOgEtfER WAIVES AND Rl$.EASl:S ALL ERRORS IN SAID t ROC•FEDING8 AND ALL RIQHTS OF APPEAL. AND ALL RELIEF FROM ANY AND ALL APPRAISEM$NT, STAY OR EXEMPTION LAWS OF ANY S'xAT( NOW IN FORCE OR HEREAFI'lBt ENACTED. INTEREST 4N ANY faUGN JUDtiiMEi~lT SHALL ACCRUE AT TH6 DEFAULT RATE. NO StNBLE EXERCfBE OF THE FOREQOIN© POWER 70 CpNFt;$S •IUD6IAENT, OR A $Efl1ES OF UDGMENT$. SHAtt BE DEEMED TO EXHAUST 'THE POWi:R, WH);'fHER 4R NOT ANY SUCH EXERCISE SHALL ~ HELD BY ANY COURT TO BE IIVtIAl1D, YOlW4BLL=, aft void, BUT THE PBWER SHALL CONTINUE UNDIMtNlf9HED AND R MAY BE EXERCISED FROM fiIME TO TIM~'AS OFTEN AS LENDER SHALL ELECT' UNTIL SUCH TJIYIE AS LENDER SHALL HAVE RECEIVED PAYMEa1T IN FULL OF THE DEBT, INTEf~ST A . CO$'fS, NOTWITHSTANDING THE ATTORNEY'S COMMISSION PAOV1DEd FOR IN THE: PRECEDING PARAGRAPH iWHICH IS INCLUDEDTHIs WARRANT FOR PURPOSf.S QF ESTABtlSNINQ A SUM CERTAlNI, THB AtNOUNT OF ATTORNEYS' F'>:E$ THAT LENDER MAY RECOV ,~ FROM THE BtRROWER SHALL NO7+ EXCEED THE ACTUAL ATTOftNEY8' Ffl~$ INCUt;RED BY LENDER. ~'J~ll. 6. 2CiJi 9:40AN PNC 2ANK 412-762-3114 No. 1197 P. 5 ~ROMIS3QI~Y NOTE 1Coi~if~u~d) Paga 3 PRIOR TO SIGNING THIS NOTE, BORROWER READ AND UNDERSTOOD ALL THa= PROVI810N8 OF THIS NOTE. BORROWER A6REH8 TQ THE TERINS OF THE NOTE. THIS NOTE 18 GlVix+l UNDER SEAL AND IT IS INTENDED TFIAT THI8 NOTE 18 AND SHALL. CONS'T'ITUTE AND HAVE THE SFPBCT OF A SEALED lMSTRUMENT ACCORpING TO LAW. BORROWER: CONTAINBRI3RtGHT,1NC. ,. Byr Soap SU TANDLE, Prosi on~ CONTAINERBR}C3HT, INC. By' (Seal} N J. TAN L , resident of CONTAINERBRIOHT, INC, MA9i rqe WNI, Yv, 618,lO,pr iu Orpm~t 4wMMn~O OPf, irl>a NMTN hMUwd, ~ M MCiAt1lt007,ft 71-lOOABIK p4l1 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PNC BANK, NATIONAL ASSOCIATION, ) Plaintiff, ) No. ~$ - vs. ) CONTAINERBRIGHT, INC., ) Defendant. ) CERTIFICATE OF RESIDENCE I hereby certify that the precise address of Plaintiff is: Fifth Avenue and Wood Street Pittsburgh, Pennsylvania 15222 and that the last known address of Defendant is: 2410 Gettysburg Road Camp Hill, PA 17011 Civi t Terrh n Donna M. Donaher, Esquire Attorney for PNC Bank, National Association 1 ~ ~'. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PNC BANK, NATIONAL ASSOCIATION, ) Plaintiff, ) vs. ) NO' ~ - l.~ivi L ~~ CONTAINERBRIGHT, INC., ) Defendant. ) AFFIDAVIT I, Darnella Ganaway, Attorney Relations Manager, PNC Bank, National Association, hereby certify that the facts set forth in the foregoing Complaint in Confession of Judgment are true and correct to the best of my knowledge, information and belief; that the Exhibits attached to the Complaint in Confession of Judgment are true and correct copies of the originals; and that the Borrower is in default under the Notes (as those are defined in the Complaint); that the underlying transactions giving rise to this action are commercial in nature and are not consumer credit transactions against a natural person; and that I am authorized to make this Affidavit. PNC Bank, By: Sworn to and subscribed before me this day of =~~ ~i , 2008. Notary Public My commission expires: ~i_c~, BANK_FIN:316682-1000011-134132 / Attorney Relations Manag COAAMONWEAI.TH OF PENN8YLYANIA Notarial Seal G3a~erdoly~ Robison, Notary PtbYc kgram eoro, A1e8heny ~,~y MY Cor~rtisafon E~k~es Nov. 9, 4011 Member, Pennsylvania Asaoelatlon of Nota-lea c ..~.r~_ VERIFICATION The undersigned, Darnella Gangway, hereby verifies the statements of fact contained in the attached Complaint in Replevin to be true and correct according to her personal knowledge, information and belief, and further pledges that this verification is made subject to the penalties of 18 Pa. C.S.A. §4904 relating to unsworn falsification to authorities. Date: ~~ - 2 I ~ o~ By: Attorney Relations Manager a$_ C~V~ t ~,~ AFFIDAVIT The undersigned hereby certifies that the judgment to be entered in this action is not being entered against a natural person in connection with a consumer credit transaction. To the contrary, the underlying transaction is a commercial transaction. ~~ ~1 ~'~~ ,~ - . Donna M. Donaher, Esquire Attorney for PNC Bank, National Association Sworn to and subscribed befo me this 2-i S~ day Notary ublic COMMONWEALTH OF PENNSYL ANlA Nota-ial Seal Melissa SzaMcay, Notary Public BANK_FIN:311465-1 999999-999999 C~ ~ P~~~ Alle9tleny County My commission Expires Oct. 31, 2009 Member, Pennsylvania Mssoclation of Notarlea w ACT 105 OF 2000 NOTICE A JUDGMENT HAS BEEN ENTERED AGAINST YOU BY CONFESSION OF JUDGMENT PURSUANT TO 42 PA. C.S.A. §2737.1, IF YOU WERE INCORRECTLY IDENTIFIED AS A DEFENDANT IN THE COMPLAINT IN CONFESSION OF JUDGMENT, YOU MAY BE ENTITLED TO COSTS AND REASONABLE ATTORNEY FEES AS DETERMINED BY THE COURT. YOU MAY TAKE ACTION TO STRIKE THE JUDGMENT BY FOLLOWING THE PROCEDURE IN RULE 2959 WHICH IS AS FOLLOWS: PENNSYLVANIA RULE OF CIVIL PROCEDURE 2959 -STRIKING OFF JUDGMENT. (a) (1) Relief From a judgment by confession shall be sought by petition. Except as provided in subparagraph (2), all grounds for relief whether to strike off the judgment or to open it must be asserted in a single petition. The petition may be filed in the county in which the judgment was originally entered, in any county to which the judgment has been transferred or in any other county in which the sheriff has received a writ of execution directed to the sheriff to enforce the judgment. (2) The ground that the waiver of the due process rights of notice and hearing was not voluntary, intelligent and knowing shall be raised only (i) in support of a further request for a stay of execution where the court has stayed execution despite the timely filing of a petition for relief from the judgment and the presentation of prima facie evidence of a defense; and (ii) as provided by Pennsylvania Rule of Civil Procedure 2958.3 or Rule 2973.3. (3) If written notice is served upon the petitioner pursuant to Rule 2956.1(c)(2) or Rule 2973.1(c), the petition shall be filed within thirty days after such service. Unless the defendant can demonstrate that there were compelling reasons for the delay, a petition not timely filed shall be denied. (b) If the petition states prima facie grounds for relief the court shall issue a rule to show cause and may grant a stay of proceedings. After being served with a copy of the petition the plaintiff shall file an answer on or before the return day of the rule. The return day of the rule shall be fixed by the court by local rule or special order. (c) A party waives all defenses and objections which are not included in the petition or answer. (d) The petition and the rule to show cause and the answer shall be served as provided in Rule 440 (see text of Rule 440 reprinted below). (e) The court shall dispose of the rule on petition and answer, and on any testimony, depositions, admissions and other evidence. The court for cause shown may stay proceedings on the petition insofar as it seeks to open the judgment pending disposition of the application to strike off the judgment. If evidence is produced which a jury trial would require the issues to be submitted to the jury the court shall open the judgment. (f) The lien of the judgment or of any levy or attachment shall be preserved while the proceedings to strike off or open the judgment is pending. Rule 440. Service of Legal Papers other than Original Process (a) (1) Copies of all legal papers other than original process filed in an action or served upon any party to an action shall be served upon every other party to the action. Service shall be made (i) by handing or mailing a copy to or leaving a copy for each party at the address of the party's attorney of record endorsed on an appearance or prior pleading of the party, or at such other address as a party may agree, or Note: Such other address as a party may agree might include a mailbox in the Prothonotary's office or an a-mail address. For electronic service by means other than facsimile transmission, see Rule 205.4(g). (ii) by transmitting a copy by facsimile to the party's attorney of record as provided by subdivision (d). (2) (i) If there is no attorney of record, service shall be made by handing a copy to the party or by mailing a copy to or leaving a copy for the party at the address endorsed on an appearance or prior pleading or the residence or place of business of the party, or by transmitting a copy by facsimile as provided by subdivision (d). (ii) If such service cannot be made, service shall be made by leaving a copy at or mailing a copy to the last known address of the party~to be served. Note: This rule applies to the service upon a party of all legal papers other than original process and includes, but is not limited to, all other pleadings as well as motions, petitions, answers thereto, rules, notices, interrogatories and answers thereto. Original process is served under Rule 400 et seq. (b) Service by mail of legal papers other than original process is complete upon mailing. (c) If service of legal papers other than original process is to be made by the sheriff, he shall notify by ordinary mail the party requesting service to be made that service has or has not been made upon a named party or person. BANK FIN:311465-1 999999-999999 '~ ~l ~' ' { ~ ~ ~ ~ r~3 -r. - t T.. 0 O ~7 - ~~~ ''t/ ~....5 . ~~~ O _. ~ ~ D -~' - ;- ~_; ~ - ~- ==~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PNC BANK, NATIONAL ASSOCIATION, ) Plaintiff, ) No. p$- Civi t Term vs. ) CONTAINERBRIGHT, INC., ) Defendant. ) TO: Containerbright, Inc. 2410 Gettysburg Road Camp Hill, PA 17011 NOTICE OF ENTRY OF JUDGMENT Please take notice that on _ Fe~D o2'1 , 2008, a Judgment by Confession of Judgment, was entered against you in the court and at docket term and number set forth above. The amount of the Judgment is $69,043.05, plus costs. P thonota um land County