HomeMy WebLinkAbout08-2312COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CNIL ACTION
PNC BANK, NATIONAL ASSOCIATION, :DOCKET NO. rj$ _ ~~a ~~~~ ~ T~'M
Plaintiff
v.
CONFESSION OF JUDGMENT
SAN' S CONVENIENCE STORES, INC.,
D/B/A UNI-MART,
Defendant :PREVIOUSLY ASSIGNED TO: N/A
CONFESSION OF NDGMENT
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 $491,454.87
b. Interest to Apri13, 2008 $ 16,056.08
c. Late Charges $ 1,396.16
d. Attorneys' Fees ~ _50,,751.1(1
TOTAL: $559,658.21, plus interest, other
expenses, fees and costs
Respectfully submitted,
McNees Wallace & Nurick LLC
Date: April ~, 2008 By:
G . Shu ,Esquire
Supreme Court ~D #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. (~ - ,~,~~ Civi I Ierrrl
Plaintiff
v :CONFESSION OF JUDGMENT
SAN'S CONVENIENCE STORES, 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, San's Convenience Stores, Inc., d/b/a Uni-Mart, is a Pennsylvania
corporation with a last known address of 111 South Wilson Street, Bellefonte, PA 16823 (the
"Defendant").
3. The Defendant executed and delivered to the Plaintiff a U.S. Small Business
Administration Note dated September 26, 2005, in the original principal amount of Five Hundred
Fifty-Seven Thousand Dollars ($557,000) (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, a true and correct photostatic reproduction of the original of which is attached hereto
as Exhibit "B" and made a part hereof.
Defendant is in default of Defendant's obligations to make payment to the Plaintiff
as required in the Note, and the Plaintiff has demanded payment in full of all outstanding amounts
as provided in the Note. A copy of the Plaintiffs demand dated March 26, 2008, 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 $491,454.87
b. Interest to Apri13, 2008 $ 16,056.08
c. Late Charges $ 1,396.16
d. Attorneys' Fees 5~ 751 1 ~
TOTAL DUE:
$559,658.21
10. Interest continues to accrue at a rate equal to the Prime Rate in effect on the first
business day of the month in which an interest rate change occurs, as published in the Wall Street
Journal on the next business day, plus two and one-quarter percent (2.25%), adjusted quarterly.
WHEREFORE, Plaintiff, PNC Bank, National Association, demands judgment against the
Defendant, San's Convenience Stores, Inc., d/b/a Uni-Mart, in the amount of Five Hundred Fifty-
Nine Thousand Six Hundred Fifly-Eight and 21/100 Dollars ($559,658.21), plus interest at a rate
equal to the Prime Rate in effect on the first business day of the month in which an interest rate
change occurs, as published in the Wall Street Journal on the next business day, plus two and one-
quarter percent (2.25%), 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: April ~, 2008 By:
~1x~Sreme Co #24848
100 Pine S et, PO Box 1166
Harrisbur , PA 17108-1166
(717)23 -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
SAN' S CONVENIENCE STORES, INC.,
DB/A UNI-MART,
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 unsworn falsification to authorities.
Date: ~ ~ a
PNC BANK, NATIONAL ASSOCIATION
us smwu ,A AdtAIA Attu °A
U.S. Small Business Administration
NOTE.
SBA Loan # PLP 90998040-10
SBA Loan Name San's Convenience Stores, Inc. d!b/a Uni-Mart
Date _~ 7
Loan Amount 557,000.00
Interest Rate FLOATING AT WSJ PRIME PLUS 2.25% RESULTING IN AN INITIAL RATE OF 8.75%
Borrower San's Convenience Stores, Inc. d/b/a Uni-Mart
Operating
Company
Lender PNC Bank, National Association
I. PROMISE TO PAY:
In return for the Loan, Borrower promises to pay to the order of Lender the amount of
FIVE HUNDRED FIFTY SEVEN THOUSAND----- ---___~~___~____ Dollars,
interest on the unpaid principal balance, and all other amounts required by this Note.
2. DEFINITIONS:
"Collateral" means any property taken as security for payment of this Note or any guarantee of this Note.
"Guarantor" means each person or entity that signs a guarantee of payment of this Note.
"Loan" means the loan evidenced by this Note.
"Loan Documents" means the documents related to this loan signed by Borrower, any Guarantor, or anyone who
pledges collateral.
"SBA" means the Small Business Administration, an Agency of the United States of America.
SBA Fonn 747 (OB/03/02) Version 4.1
Page 1/6
Bankers Systems, Inc., St. Cloud, MN
3. PAYMENT TERMS:
Borrower must make all payments at the place Lender designates. The payment terms for this Note are:
This Note will mature in 10 years from date of Note.
The initial interest rate on this Note will fluctuate. The initial interest rate is 8.75% per year. This initial rate is the
__.
prime rate on the date SBA received the loan application, plus 2:25%~ The interest rate must remain in effect until
the first change period begins.
Borrower must pay principal and interest payments of $6,980.70 every month, beginning one month from the month
this Note is dated; payments must be made on the first 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 bring principal current, then to pay any late fees, and will apply any remaining balance to reduce principal.
The interest rate will be adjusted quarterly (the "change period").
The "Prime Rate" is the prime rate in effect on the first business day of the month in which the an interest rate
change occurs, as published in the Wall Street Journal on the next business day.
The adjusted interest rate will be 2.25% above the Prime Rate. Lender will adjust the interest rate on the first
calendar day of each change period. The change in interest rate is effective on that day whether or not Lender gives
Borrower notice of the change. The initial interest rate must remain in effect until the first change period begins.
Lender must adjust the payment amount at least annually as needed to amortize principal over the remaining term
of the note.
If SBA purchases the guaranteed portion of the unpaid principal balance, the interest rate becomes fixed at the rate
in effect at the time of the earliest uncured payment default. If there is no uncured payment default, the rate
becomes fixed at the rate in effect at the time of purchase.
All remaining principal and accrued interest is due and payable 10 years from date of Note.
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 note 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.
(~~°~t~l0~~e}sion 4.1
Page 2/6
Bankers Systems, Inc., St. Cloud, MN
SBA 147: Note Page 2 Continuation
Continuation of "..."
If Borrower does not prepay within 30 days from the date Lender receives the notice, Borrower must give
Lender a new notice.
Page 1 Bankers Systems, Inc., St. Cloud, 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 Lende%- ---- - ----
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 misleading representation to Lender or SBA;
F. 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;
I. Has a receiver or liquidator appointed for any part of their business or property;
J. Makes an assignment for the benefit of creditors;
K. Has any adverse change in financial condition or business operation that Lender 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 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;
B. Collect all amounts owing from 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.
6. LENDER'S GENERAL POWERS:
Without notice and without Borrower's consent, Lender 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 due under this Note, enforce the terms of this Note 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 remediation costs, and reasonable attorney's
fees and costs. If Lender incurs such expenses, it may demand immediate repayment 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 of the Collateral; and
E. Take any action necessary to protect the Collateral or collect amounts owing on this Note.
SBA Form 147 (06/03/02) Version 4.1 Page 3/8
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 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-local. or state law
to deny any obligation, defeat any claim of SBA, or preempt federal law.
8. 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 axld 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 obtain the fair market value of Collateral at a sale.
SBA Form 147 (06103/02) Version 4.1
Page 4!8
Bankers Systems, Inc., St. Cloud, MN
10. STATE-SPECIFIC 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 JUDGMENTS, AGAINST THE UNDERSIGNED tN FAVOR OF THE LENDER OR ANY HOLDER
HEREOFFOR-THE ENTIRE PRINCIPAL BALANCE OF THIS NOl'E,-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 DOING SO,
THIS NOTE OR A COPY VERIFIED BY AFFIDAVIT SHALL BE A SUFFICIENT WARRANT. THE UNDERSIGNED
HEREBY FOREVER WAIVES AND RELEASES ALL 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 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 DEBT,
INTEREST, COSTS AND FEES.
2. Governing Law; Jurisdiction. This Note will be interpreted and the rights and liabilities of the parties hereto
determined in accordance with the laws of the Commonwealth of Pennsylvania, excluding its conflict of laws rules.
The Undersigned hereby irrevocably consents to the exclusive jurisdiction of the Courts of Common Pleas of the
Commonwealth of Pennsylvania and the United States District Court for the Eastern District of Pennsylvania; provided
that nothing contained iri this Note will prevent the Lender or any holder hereof from bringing any action, enforcing any
award or judgment or exercising any rights against the Undersigned, against any security or against any property of
the Undersigned within any other county, state or other foreign or domestic jurisdiction. The Undersigned agrees that
the venue provided above is the most convenient forum for both the Lender and the Undersigned and the Undersigned
waives any objection to venue and any objection based on a more convenient forum in any action instituted under this
Note. The Undersigned agrees that service of process in any such proceeding may be duly effected upon the
Undersigned by mailing a copy thereof by registered mail, postage prepaid, 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 IN CONNECTION WITH THIS NOTE OR ANY
TRANSACTION CONTEMPLATED 1N ANY OF SUCH DOCUMENTS. THE UNDERSIGNED ACKNOWLEDGES
THAT THE FOREGOING WAIVER IS KNOWING AND VOLUNTARY.
SBA Form 147 (06/03102) Version 4.1 Page 5/6
Bankers Systems, Inc., St. Cloud, MN
11. BORROWER'S NAME(S) AND SIGNATURE(S):
By signing below, each individual or entity becomes obligated under this Note as Borrower.
San's Convenience Stores, Inc. d/b/a Uni-Mart
SEE ADDITIONAL SIGNATURE PAGE
SBA Fonn 147 (DB/03/02) Version 4.1
Page 6/8
Bankers Systems, Inc., St. Cloud, MN
ADDITIONAL SIGNATURE PAGE DATED
---- _
--_--._ _
..~ G ~ ,a
SAN'S CONVENIENCE STORES, INC.
B
~iLr~r a
Azizur Rahman, sident
Rikta Chowdhury, Vic resident
Disclosure for Confession of Judgment PNCI~~~TIE~
Undersigned: SAN'S CONVENIENCE STORES, INC.
DBA UNI-MART
341 WEST LAMB STREET
BELLEFONTE, PA 16823
Lender: PNC BANK, NATIONAL ASSOCIATION
8800 TINICUM BOULEVARD
PHILADELPHIA, PA 19153
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 ITS RIGHTS TO
PRIOR NOTICE AND A HEARING ON THE VALIDITY OF ANY JUDGMENT OR OTHER CLAIMS THAT MAY BE ASSERTED AGAINST TT 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 SEI7E 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: G~ - 6
X ~ ~ ~,i ~- `~ (~» Form 8M - PA Rev. 3/99
SAN'S CONVENIENCE STORES, INC.
DBA iTNI-MART
BY~ D ~ ~Lt 4
Pres ent
By; ~-?Ilc~~~- ~t~~r~1~"~°
Rikta Chowdhury, Vice Prq ident
Form 8M - PA Rev. 3/99
~~.f'
1vTarc}~ 2fi, 2008
C`ertilied and :Rcgirlar Mail
San's C:onvenic;nce Stores 1:rrc
Mr. Syed ~tussain
} 1 }South Wilson Street
I~elle#'ontc, I''ennsy}vanix~ Ifi$23
11~r. A:t:iz-ur :~a}~zn:rn
!,~ '4Ves~t lnd .~lve. Apt ~€C 14
New York, flew `~or•k 10023
Ms. Riktii Chowdhciry
3301 Greenwood Ave #~
Maosic, f'ennsy}vania l 807
fil::: I,c7an :13221$90$!6{)2634G1i3
1:)ear ~lz' }°ltzss~rirz, Mr Rahntan & IVIs. C~I~to~a=dhury:
~`ou are ira r}cf'ault caf your obligations to 1'NC' Flank {the "Funk"} far failure to rnake payrtrents orr
t}re $557,000.00 loan {#hc "Loan") as re~crired in the I'rorrrisscrry hiot~; that evidences t}ze twc~ztn
and the Guaranty Agreement{s} tlt.•tt secures the Loan. As a re<suit of the def`azzlt vt' your
obligrztiorrs t:o tht: 1~3ank, the entire outstanding amount of the Lr~an has been acce}cratc:d and is
rtt>w due and payable inztirediately in i'u1}. '11tc azrzounts that are due zrnd payable to the Bank arc:
rzs f'c~}[caws:
1'rirrcipal $G1cI 1,~.5~.fi7
lnterest S 1 x;086.63 {as of 3/26/0$}
't`otal 5507,9.17.66
lntexest corrtin zcs to dcc;rut at the rate of $127.91 per day through the: date <.m whic}z payment is
received by the ~3azik.
In addition to tlac ;nmqurtt;~ sci 'Forth above, you wilt be responsible .for paynicnt err reirnbursernerrt
tc~ the Bank fc~r all attorneys' S'i*es ncrrrrec} ar paid by the I:iank with respect tra this; rtratter.
}'lease rnnke arr•a~ngenaenfi~ -for pay~mcnt in fu11 ct~ your ob}igatie~ns to the ~~ank by ct7nt<actirrg the
Barak, ris :fc~}1ows:
i~yra k. Ic~rarzski
Ass}stint Vice .president
20 } f'cnn Avenue
Scranton, PA 1$503
}'hone: {570) ~ti I -l2fiCr
I~'ax: (570) 961 ~~6240
~f~~tibt~r ~f'rh~ ~Et~ ~i~aancia Servaec~ Crain
F'ag~;
Neither Phis letter nor anything contuitied herein waives, limifs ur utherwixe affects in any
way the Bank's rights to exercise anal enforce its rights and remedies fur c+nllectiun of yocir
obiigatiuns to the .Bank, ali of which are reserved by the I3Ank, and remain in frill fzzrcr anti
effect, enforceable by the Bank at any time on u~• after the elate of this fetter.
V4'e lank tarwurd to receiving payment in full e~f your t~rbli~;ations to t}ze Hank in the izr~zncdiate
tutare. i7tl~er~uist, tYze IIank may have na alternative but to initiate collection prcx;ee~tlin~s.
If you have any clucsticros phase catl zt~e at 57~-r1(i t -d2Gd. 'Thank you in advance f'ar yaur
cut~peratian in this matter.
sincerely,
i `e `
~ y q.M~ ~~t }}l
ttF [t
~ ~,' y1. ~.~ .~, t
Kyr~~ 1;. laran'ki
~s~rsiGtnt ~''ice~'rsident
r..~
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COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION
PNC BANK, NATIONAL ASSOCIATION, :DOCKET NO. ~g_ ~)
Plaintiff a ~ivil~~
v.
SAN'S CONVENIENCE STORES, INC.,
D/B/A UNI-MART,
Defendant
CONFESSION OF JUDGMENT
PREVIOUSLY ASSIGNED TO: N/A
AFFIDAVIT OF NON-MILITARY SERVICE
TO THE PROTHONOTARY:
I do certify, to the best of my knowledge, that Defendant, San's Convenience Stores, Inc.,
d/b/a Uni-Mart, in the above-captioned action is not presently on active or nonactive military status.
Respectfully submitted,
Date: April ~ 2008
McNees Wallace & Nurick LLC
By:
/Sme Court #24848
0 Pine Stre , PO Box 1166
Harrisburg, PA 17108-1166
(717) 237-5439
Attorneys for Plaintiff
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COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION
PNC BANK, NATIONAL ASSOCIATION, :DOCKET NO. O$ - o231a ~ivt I
Plaintiff
v.
SAN'S CONVENIENCE STORES, INC.,
D/B/A UNI-MART,
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, San's
Convenience Stores, Inc., d/b/a Uni-Mart, is 111 South Wilson Street, Bellefonte, PA 16823.
Respectfully submitted,
Date: April ~, 2008
McNees Wallace & Nurick LLC
By:
Stip~me Court #24848
100 Pine Street, O Box 1166
Harrisburg, PA 17108-1166
(717) 237-543
Attorneys for laintiff
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NOTICE UNDER RULE 2958.1
OF JUDGMENT AND EXECUTION THEREON
NOTICE OF DEFENDANT'S RIGHTS
COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION
PNC BANK, NATIONAL ASSOCIATION, :DOCKET NO. ~$ . ~~a L' ~~;t ~erM
Plaintiff
v.
CONFESSION OF JUDGMENT
SAN'S CONVENIENCE STORES, INC., :
DB/A UNI-MART, ;
Defendant :PREVIOUSLY ASSIGNED TO: N/A
TO: San's Convenience Stores, Inc., d/b/a Uni-Mart
A judgment in the amount of $559,658.21, plus interest, other expenses, fees and costs has been
entered against you and in favor of the plaintiff without any prior notice or hearing based on a
confession of judgment contained in a written agreement or other paper allegedly signed by you.
The sheriff may take your money or other property to pay the judgment at any time after thirty
(30) days after the date on which this notice is served on you.
You may have legal rights to defeat the judgment or to prevent your money or property from
being taken. YOU MUST FILE A PETITION SEEKING RELIEF FROM THE JUDGMENT
AND PRESENT IT TO A JUDGE WITHIN THIRTY (30) DAYS AFTER THE DATE ON
WHICH THIS NOTICE IS SERVED ON YOU OR YOU MAY LOSE YOUR RIGHTS.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT
HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS
OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER.
IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO
PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL
SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE.
i ~r
Cumberland County Bar Association
32 South Bedford Street
Carlisle, PA 17013
(717) 249-3166 or 1-800-990-9108
Respectfully submitted,
McNees Wallace & Nurick LLC
Date: April ~, 2008 By:
Su~me Court #24848
100 Pine Stree , PO Box 1166
Harrisburg, PA 17108-1166
(717) 237-5439
Attorneys for Plaintiff
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COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CNIL ACTION
PNC BANK, NATIONAL ASSOCIATION, DOCKET NO. b$- a,31a l.:~iv~ l~er~
Plaintiff
v :CONFESSION OF JUDGMENT
SAN'S CONVENIENCE STORES, INC.,
DB/A UNI-MART, ;
Defendant :PREVIOUSLY ASSIGNED TO: N/A
To: San's Convenience Stores, Inc., d/b/a Uni-Mart, Defendant
You are hereby notified that on {~L 11 , 2008, judgment by confession was
entered against you in the sum of $559,658.21, in the abo e-captioned c
DATE:
Pr 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:
San's Convenience Stores, Inc., d/b/a Uni-Mart
111 South Wilson Street
Bellefonte, PA 16823
Atto ey r aintiff
/ ""
A, San's Convenience Stores, Inc., d/b/a Uni-Mart, Dernandado(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 $559,658.21, del caso antes escrito.
Fecha: el dia de de 2008
Protonotario
LLEVE ESTA DEMANDA A UN ABODAGO IMMEDIATAMENTE. SI NO TIENE
ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA
EN PERSONA A LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE
ENCUENTRA ESCRITA ABAJO PARR AVERIGUAR DONDE SE PUEDE CONSEGUIR
ASISTENCIA LEGAL.
Cumberland County Bar Association
32 South Bedford Street
Cazlisle, PA 17013
(717) 249-3166 or 1-800-990-9108
Por este medio certifico que to siguiente es la direccion del demandado dicho en el
certificado de residencia:
San's Convenience Stores, Inc., d/b/a Uni-Mart
111 South Wilson Street
Bellefonte, PA 16823
COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION
PNC BANK, NATIONAL ASSOCIATION, DOCKET NO. (}$ - 0131 a ~~~; ~ ~,~~~
Plaintiff
v.
CONFESSION OF JUDGMENT
SAN'S CONVENIENCE STORES, INC.,
DB/A UNI-MART,
Defendant :PREVIOUSLY ASSIGNED TO: N/A
PRAECIPE FOR ENTRY OF APPEARANCE
TO THE PROTHONOTARY:
Please enter my appearance on behalf of Plaintiff, PNC Bank, National Association.
Papers maybe served at the address set forth below.
Geoffrey S. 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: April ~, 2008 By:
`G~elrfr6y Shull, 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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