HomeMy WebLinkAbout08-4409i
COURT ?F COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION
PNC BANK, NATIONAL ASSOCIATION, DOCKET NO. D8- N409
Plaintiff
V
SUNIL KHANN
D
CONFESSION OF JUDGMENT
PREVIOUSLY ASSIGNED TO: N/A
CONFESSION OF JUDGMENT
Pursuant
which is attaches
judgment in favoi
a.
b.
C.
and NEERU KHANNA,
to the authority contained in the warrant of attorney, the original or a copy of
l to the Complaint filed in this action, I appear for the Defendants and confess
of the Plaintiff and against the Defendants as follows:
Principal
Interest to July 14, 2008
Late Charges
Attorneys' Fees
TOTAL:
$325,508.57
$ 20,687.16
$ 2,348.91
34,619-57
$383,164.21, plus interest, other
expenses, fees and costs
Respectfully submitted,
McNees Wallace & Nurick LLC
Date: July 2Z- 2008 By:
o S. S ff, Esquire
reme Cy6rt ID #24848
100 Pine treet, PO Box 1166
Harrisb g, PA 17108-1166
(717) 237-5439
Attorneys for Plaintiff
COURT F COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION
PNC BANK, NATIONAL ASSOCIATION,
SUNIL KHA"A and NEERU KHANNA,
DOCKET NO. M - yyo9 Civil lerh
CONFESSION OF JUDGMENT
PREVIOUSLY ASSIGNED TO: N/A
COMPLAINT FOR CONFESSION OF JUDGMENT
UNDER RULE 2951
1. T?e Plaintiff, PNC Bank, National Association, is a national banking association
organized and e?isting under the laws of the United States of America with a principal regional
office located at pi Penn Avenue, Scranton, PA 18503 (the "Plaintiff').
2. The Defendants, Sunil Khanna and Neeru Khanna, are adult individuals whose last
known address i? 3 Cherokee Square, Wilkes-Barre, PA 18702 (the "Defendants').
3. The Defendants executed and delivered to the Plaintiff a U.S. Small Business
Administration nconditional Guarantee (the "Guarantee"), a true and correct photostatic
reproduction of a original of which is attached hereto as Exhibit "A" and made a part hereof.
4.
amounts due to
Business Admi
Hundred Seven
photostatic repr
hereof
the Guarantee, the Defendants guaranteed to the Plaintiff the payment of all
Plaintiff by SNS Buddies, Inc., dba Uni-Mart (the "Debtor") under a U.S. Small
Note dated April 11, 2005, in the original principal amount of Seven
ve Thousand Five Hundred Dollars ($775,500) (the "Note"), a true and correct
of the original of which is attached hereto as Exhibit "B" and made a part
5. a Defendants 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 "C" and made a part hereof.
6. The Debtor is in default of the Debtor's obligations to make payment to the Plaintiff
as required in th Note and the Defendants are in default of the Defendants' obligations to make
payment to the Plaintiff under the Guarantee. As a result of the Debtor's and the Defendants'
defaults, the Plaintiff has demanded payment of all outstanding amounts as provided in the Note,
which are now die and payable in full. A copy of the Plaintiffs demand dated February 27, 2008,
is attached beret as Exhibit "D" and made a part hereof.
7. J dgment is not being entered by confession against a natural person in connection
with a consumer credit transaction.
8. There has not been any assignment of the Guarantee or the Note.
9. J dgment has not been entered on the Guarantee in any jurisdiction.
10. itemized computation of the amount due to the Plaintiff by the Defendants as a
result of the
a.
b.
C.
d.
11
business day of
Journal on the n
' defaults under the Guarantee is as follows:
Principal $325,508.57
Interest to July 14, 2008 $ 20,687.16
Late Charges $ 2,348.91
Attorneys' Fees $. 34,619 57
TOTAL DUE: $383,164.21
serest continues to accrue at a rate equal to the Prime Rate in effect on the first
ie month in which an interest rate change occurs, as published in the Wall Street
:t business day, plus two and one-half percent (2.50%), adjusted monthly.
WHE FORE, Plaintiff, PNC Bank, National Association, demands judgment against the
Defendants, S 1 Khanna and Neeru Khanna, in the amount of Three Hundred Eighty-Three
Thousand One Hundred Sixty-Four and 21/100 Dollars ($383,164.21), plus interest at a rate equal
to the Prime Rai a 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-half
percent (2.50%), adjusted monthly, 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: July 20b8 By
100 Pine Street, PO Box 1166
Harrisburg, PA 17108-1166
(717) 237-5439
Attorneys for Plaintiff
COURT F COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION
PNC BANK, NtIONAL ASSOCIATION,
Pl intiff
v.
SUNIL KHANN,? and NEERU KHANNA,
DOCKET NO.
CONFESSION OF JUDGMENT
PREVIOUSLY ASSIGNED TO: N/A
VERIFICATION
I, Kyra E,
Zoranski, Assistant Vice President for PNC Bank, National Association, being
authorized to do ?o on behalf of PNC Bank, National Association, hereby verify that the statements
made in the
belief. I
Section 4904,
Dater I q l U ,
pleading are true and correct to the best of my information, knowledge and
that false statements herein are made subject to the penalties of 18 Pa. C.S.
to unsworn falsification to authorities.
PNC BANK, NATIONAL ASSOCIATION
1
U.S. Small Business Administration
UNCONDITIONAL GUARANTEE
SBA Loan # PLP 868-078-4005
SBA Loan Name SNS Buddies Inc. dba Uni-Mart
Guarantor SUNIL KHANNA
NEERU KHANNA
Borrower SNS Buddies Inc. dba Uni-Mart
Lender PNC Bank, Natio al Association
Date
Note Amount 775,500.00
1. GUARANTEE:
Guarantor uncon itionally guarantees payment to Lender of all amounts owing under the Note. This Guarantee remains
in effect until the Note is paid in full. Guarantor must pay all amounts due under the Note when Lender makes written
demand upon G antor. Lender is not required to seek payment from any other source before demanding payment from
Guarantor.
2. NOTE:
The "Note" is the promissory note dated " l/ - ? in the principal amount of
SEVEN HUNDRED SEVENTY FIVE THOUSAND FIVE HUNDRED --- - Dollars,
from Borrower to ender. It includes any assumption, renewal, substitution, or replacement of the Note, and multiple
notes under a line of credit.
3. DEFINITIONS:
"Collateral" mean any property taken as security for payment of the Note or any guarantee of the Note.
"Loan" means the oan evidenced by the Note.
"Loan Documents" means the documents related to the Loan signed by Borrower, Guarantor or any other guarantor, or
anyone who pledges Collateral.
"SBA" means the mall Business Administration, an Agency of the United States of America.
SBA Form 148 (10/98) Pre s editions obsolete.
Page 1/5
Bankers Systems, Inc., St. Cloud, MN
4. LENDER'S G) NERAL POWERS:
Lender may tak any of the following actions at any time, without notice, without Guarantor's consent, and without
making deman upon Guarantor:
A. Modify the (terms of the Note or any other Loan Document except to increase the amounts due under the Note;
B. Refrain from taking any action on the Note, the Collateral, or any guarantee;
C. Release any Borrower or any guarantor of the Note;
D. Compromis or settle with the Borrower or any guarantor of the Note;
E. Substitute o release any of the Collateral, whether or not Lender receives anything in return;
F. Foreclose upon or otherwise obtain, and dispose of, any Collateral at public or private sale, with or without
G. Bid or buy any sale of Collateral by Lender or any other lienholder, at any price Lender chooses; and
H. Exercise any rights it has, including those in the Note and other Loan Documents.
These actions will not release or reduce the obligations of Guarantor or create any rights or claims against Lender.
5. FEDERAL LA
When SBA is the holder, the Note and this Guarantee will be construed 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, pe alty, tax, or liability. As to this Guarantee, Guarantor may not claim or assert any local or state law
against SBA to d ny any obligation, defeat any claim of SBA, or preempt federal law.
6. RIGHTS, NOTICES, AND DEFENSES THAT GUARANTOR WAIVES:
To the extent p itted by law,
A. Guarantor waives all rights to:
1) Require resentment, protest, or demand upon Borrower;
2) Redeem any Collateral before or after Lender disposes of it;
3) Have an disposition of Collateral advertised; and
4) Require valuation of Collateral before or after Lender disposes of it.
B. Guarantor waives any notice of
1) Any default under the Note;
2) Presentm nt, dishonor, protest, or demand;
3) Executio of the Note;
4) Any action or inaction on the Note or Collateral, such as disbursements, payment, nonpayment, acceleration,
intent to accelerate, assignment, collection activity, and incurring enforcement expenses;
5) Any cha a in the financial condition or business operations of Borrower or any guarantor;
6) Any ch es in the terms of the Note or other Loan Documents, except increases in the amounts due under the
Note; an
7) The time r place of any sale or other disposition of Collateral.
C. Guarantor waives defenses based upon any claim that:
1) Lender fa led to obtain any guarantee;
2) Lender fa led to obtain, perfect, or maintain a security interest in any property offered or taken as Collateral;
3) Lender or others improperly valued or inspected the Collateral;
4) The Colla eral changed in value, or was neglected, lost, destroyed, or underinsured;
SBA Form 148 (10/98) Pre loos editions obsolete.
Page 2/5
Bankers Systems, Inc., St. Cloud, MN
5) Lende impaired the Collateral;
6) Lende did not dispose of any of the Collateral;
7) Lender did not conduct a commercially reasonable sale;
8) Lend did not obtain the fair market value of the Collateral;
9) Lender did not make or perfect a claim upon the death or disability of Borrower or any guarantor of the
Note;
10) The fin ncial condition of Borrower or any guarantor was overstated or has adversely changed;
11) Lender made errors or omissions in Loan Documents or administration of the Loan;
12) Lender id not seek payment from the Borrower, any other guarantors, or any Collateral before demanding
payme t from Guarantor:
13) Lender mpaired Guarantor's suretyship rights;
14) Lender odified the Note terms, other than to increase amounts due under the Note. If Lender modifies the
Note to increase the amounts due under the Note without Guarantor's consent, Guarantor will not be liable
for the increased amounts and related interest and expenses, but remains liable for all other amounts;
15) Borrower has avoided liability on the Note; or
16) Lender as taken an action allowed under the Note, this Guarantee, or other Loan Documents.
7. DUTIES AS TO COLLATERAL:
Guarantor will p serve the Collateral pledged by Guarantor to secure this Guarantee. Lender has no duty to preserve
or dispose of any Collateral.
8. SUCCESSORS AND ASSIGNS:
Under this Guara?tee, Guarantor includes heirs and successors, and Lender includes its successors and assigns.
9. GENERAL
A. ENFORCEMENT EXPENSES. Guarantor promises to pay all expenses Lender incurs to enforce this Guarantee,
including, but not limited to, attorney's fees and costs.
B. SBA NOT A CO-GUARANTOR. Guarantor's liability will continue even if SBA pays Lender. SBA is not a
co-guarantor with Guarantor. Guarantor has no right of contribution from SBA.
C. SUBROGATION RIGHTS. Guarantor has no subrogation rights as to the Note or the Collateral until the Note is
paid in full.
D. JOINT AND EVERAL LIABILITY. All individuals and entities signing as Guarantor are jointly and severally
liable.
E. DOCUMENT SIGNING. Guarantor must sign all documents necessary at any time to comply with the Loan
Documents an d to enable Lender to acquire, perfect, or maintain Lender's liens on Collateral.
F. FINANCIAL TATEMENTS. Guarantor must give Lender financial statements as Lender requires.
G. LENDER'S RI GHTS CUMULATIVE, NOT WAIVED. Lender may exercise any of its rights separately or
together, as ma ny times as it chooses. Lender may delay or forgo enforcing any of its rights without losin
o
impairing any g
r
of them.
H. ORAL STATE MENTS NOT BINDING. Guarantor may not use an oral statement to contradict or alter the written
terms of the No te or this Guarantee, or to raise a defense to this Guarantee.
1. SEVERABILI Y. If any part of this Guarantee is found to be unenforceable, all other parts will remain in effect.
J. CONSIDERA ION. The consideration for this Guarantee is the Loan or any accommodation by Lender as to the
Loan.
SBA Forth 148 (10198) Previ us editions obsolete.
Page 3/5
Bankers Systems, Inc., St. Cloud, MN
10. STATE-SPECIFIC PROVISIONS:
1. POWER TO CONFESS JUDGMENT. UNDERSIGNED HEREBY EMPOWERS ANY ATTORNEY OF ANY COURT
OF RECORD, T ANY TIME AFTER THE OCCURRENCE OF ANY EVENT OF DEFAULT HEREUNDER, TO
APPEAR FOR HE 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 GUARANTY, ALL ACCRUED INTEREST AND ALL OTHER
AMOUNTS DU HEREUNDER, TOGETHER WITH COSTS OF SUIT AND AN ATTORNEY'S COMMISSION OF 10%
OF SUCH PRI CIPAL AND INTEREST ADDED AS A REASONABLE ATTORNEY'S FEE, AND FOR DOING SO, THIS
GUARANTY 011 A COPY VERIFIED BY AFFIDAVIT SHALL BE A SUFFICIENT WARRANT. THE UNDERSIGNED
HEREBY FOR VER WAIVES AND RELEASES ALL ERRORS IN SAID PROCEEDINGS AND ALL RIGHTS OF
APPEAL AND LL RELIEF FROM ANY AND ALL APPRAISEM ENT, STAY OR EXEMPTION LAWS OF ANY STATE
NOW IN FORC OR HEREAFTER ENACTED.
JUDGMENT Y BE CONFESSED FROM TIME TO TIME UNDER THE AFORESAID POWER TO CONFESS
JUDGMENT AN 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 TI E AS THE LENDER SHALL HAVE RECEIVED PAYMENT IN FULL OF THE DEBT, INTEREST,
COSTS AND FEES.
2. Governing La ; Jurisdiction. This Guaranty will be interpreted and the rights and liabilities of the parties hereto
determined in ac rdance with the laws of the Commonwealth of Pennsylvania, excluding its conflict of laws rules. The
Undersigned her by 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 Western District of Pennsylvania; provided
that nothing contained in this Guaranty will prevent the Lender or any holder hereof from bringing any action, enforcing
any award or jud ment or exercising any rights against the Undersigned, against any security or against any property
of the Undersign within any other county, state or other foreign or domestic jurisdiction. The Undersigned agrees
that the venue p vided 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 Guaranty. 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.
4. WAIVER OF J RY 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 TOT IS GUARANTY, ANY DOCUMENTS EXECUTED IN CONNECTION WITH THIS GUARANTY OR
ANY TRANSACTI N CONTEMPLATED IN ANY OF SUCH DOCUMENTS. THE UNDERSIGNED ACKNOWLEDGES
THAT THE FORE OING WAIVER IS KNOWING AND VOLUNTARY.
SBA Form 148 (10198) Prs%io?s editions obsolete.
Page 4/5
Bankers Systems, Inc., St. Cloud, MN
11. GUARAN'
Guarantor
Guarantee,
12. GUARAN.
By signing
Sunil Khanna
Neeru Khanna
ACKNOWLEDGMENT OF TERMS.
ges that Guarantor has read and understands the significance of all terms of the Note and this
all waivers.
NAME(S) AND SIGNATURE(S):
, each individual or entity becomes obligated as Guarantor under this Guarantee.
I av
r
SBA Form 148 (10/98) Prev s editions obsolete.
Page 5/5
Bankers Systems, Inc., St. Cloud, MN
U.S. Small Business Administration
NOTE
SBA Loan # PLP 868-078-4005
SBA Loan Name SNS Buddies Inc. dba Uni-Mart
Date -?? -
Loan Amount 75,500.00
Interest Rate FLOATING AT WSJ PRIME PLUS 2.50% RESULTING IN AN INITIAL RATE OF 8.00%
Borrower NS Buddies Inc. dba Uni-Mart
Operating
Company
Lender NC Bank, National Association
I. PROMISE TO PAY:
In return for the
SEVEN HUNDR
interest on the u
2. DEFINITIONS:
"Collateral" mean
"Guarantor" mean.
"Loan" means the
"Loan Documents
pledges collatera
"SBA" means the
SBA Forth 147 (06/03/02)
m, Borrower promises to pay to the order of Lender the amount of
SEVENTY FIVE THOUSAND FIVE HUNDRED -
principal balance, and all other amounts required by this Note.
Dollars,
any property taken as security for payment of this Note or any guarantee of this Note.
each person or entity that signs a guarantee of payment of this Note.
Dan evidenced by this Note.
means the documents related to this loan signed by Borrower, any Guarantor, or anyone who
Business Administration, an Agency of the United States of America.
4.1
Page 1/6
Bankers Systems, Inc., St. Cloud, MN
E x 1,, , b i ? `? (3'?
3. PAYMENT URMS:
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 to on this Note will fluctuate. The initial interest rate is 8.00% per year. This initial rate is the
prime rate on the ate SBA received the loan application, plus 2.50%. The interest rate must remain in effect until
the first change p nod begins.
Borrower must pa?interest on the disbursed principal balance, plus principal of $6,462.50 every month, beginning
one month from th month this Note is dated; payments must be made on the first calendar day in the months they
are due. 1
Lender will apply each installment payment first to pay interest accrued to the day Lender receives the payment,
then to bring princi al current, then to pay any late fees, and will apply any remaining balance to reduce principal.
The interest rate wl?l be adjusted monthly (the "change period").
The "Prime Rate" i the prime rate in effect on the first business day of the month in which the an interest rate
change occurs, as ublished in the Wall Street Journal on the next business day.
The adjusted interest rate will be 2.50% 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 a change. The initial interest rate must remain in effect until the first change period begins.
Lender must adjust he payment amount at least annually as needed to amortize principal over the remaining term
of the note.
If SBA purchase thguaranteed portion of the unpaid principal balance, the interest rate becomes fixed at the rate
in effect at the time f 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 Change: 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 po ion of the regularly scheduled payment.
Loan Prepayment:
Notwithstanding any provision in this note to the contrary:
Borrower may preps this Note. Borrower may prepay 20 percent or less of the unpaid principal balance at any time
without notice. If Bo wer 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 i received less than 21 days from the date Lender receives the notice, pay an amount equal
to 21 days interest frm the date Lender receives the notice less any interest accrued during the 21 days and paid
Mao m*?,k-A - - - - N
SBA Forth 147 (08/03/02) Ve ion 4.1
Page 2/8
Bankers Systems, Inc., St. Cloud, MN
SBA 147: Note Page 2 Continuation
Continuation of "...
under subparagraph b., above.
If Borrower does n prepay within 30 days from the date Lender receives the notice, Borrower must give
Lender a new notic .
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 C mpany:
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 misleading representation to Lender or SBA;
F. Defaults on y 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 y taxes when due;
H. Becomes the subject of a proceeding under any bankruptcy or insolvency law;
I. Has a receiv or liquidator appointed for any part of their business or property;
J. Makes an assignment for the benefit of creditors;
K. Has any adv se change in financial condition or business operation that Lender believes may materially affect
Borrower's ility 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 RIG"TS 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 am unts owing from any Borrower or Guarantor;
C. File suit and obtain judgment;
D. Take possession of any Collateral; or
E. Sell, lease, or ttherwise dispose of, any Collateral at public or private sale, with or without advertisement
6. LENDER'S GENERAL POWERS:
Without notice andl without Borrower's consent, Lender may:
A. Bid on or buy a 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 Wes, prior liens, insurance, appraisals, environmental remediation costs, and reasonable attorney's
fees and costs. f 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, r lease, 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 (06103/02) Ve Ion 4.1
Page 3/6
Bankers Systems, Inc., St. Cloud, MN
7. WHEN FEDERAL LAW APPLIES:
When SBA is a holder, this Note will be interpreted and enforced under federal law, including SBA regulations.
Lender or SB may use state or local procedures for filing papers, recording documents, giving notice, foreclosing
liens, and othe 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 Not , 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 forgo enforcing any of its rights without giving up any of them.
E. Borrower m y not use an oral statement of Lender or SBA to contradict or alter the written terms of this Note.
F. If any part o 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 id not obtain any guarantee; did not obtain, perfect, or maintain a lien upon Collateral; impaired
Collateral; o did not obtain the fair market value of Collateral at a sale.
I
SBA Form 147 (06/03/02) Ve ion 4.1 Page 418
Bankers Systems, Inc., St. Cloud, MN
10. STATE-SPECIFIC PROVISIONS:
1. POWER T 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 FO THE UNDERSIGNED AND, WITH OR WITHOUT COMPLAINT FILED, CONFESS JUDGMENT, OR A
SERIES OF J DGMENTS, 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 DOING SO,
THIS NOTE R 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 FOR E OR HEREAFTER ENACTED.
JUDGMENT Y BE CONFESSED FROM TIME TO TIME UNDER THE AFORESAID POWER TO CONFESS
JUDGMENT D NO SINGLE EXERCISE OF THE FOREGOING POWER TO CONFESS JUDGMENT, OR A
SERIES OF J DGMENTS, SHALL BE DEEMED TO EXHAUST THE POWER, WHETHER OR NOT ANY SUCH
EXERCISE S ALL 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 Low; 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 Undersign 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 Western District of Pennsylvania; provided
that nothing co tained in this Note will prevent the Lender or any holder hereof from bringing any action, enforcing any
award or judg ent or exercising any rights against the Undersigned, against any security or against any property of
the Undersign within any other county, state or other foreign or domestic jurisdiction. The Undersigned agrees that
the venue prov ded above is the most convenient forum for both the Lender and the Undersigned and the Undersigned
waives any obj iction to venue and any objection based on a more convenient forum in any action instituted under this
Note. The Und rsigned agrees that service of process in any such proceeding may be duly effected upon the
Undersigned b 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 HIS 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.
SBA Form 147 (08103!02) V?Won 4.1 Page 518
Bankers Systems, Inc., St. Cloud, MN
i
11. BORROWERS NAME(S) AND SIGNATURE(S):
By signing below, each individual or entity becomes obligated under this Note as Borrower.
I
i
SBA F
IN
Disclosure for Confession of Judgment
(Guarantor)
Undersigned:
Lender:
The undersign
Guaranty and Commei
which the undersigned
NEERU KHANNA
SUNIL MANNA
6115 98TH STREET
REGO PARK, NY 11374
PNC BANK, NATIONAL ASSOCIATION
8800 TINICUM BOULEVARD
PHnADELPHIA, PA 19153
PNCBANK
i has executed, and/or is executing, on or about the date hereof, a US Small Business Administration
it Guaranty, in respect of the obligations owed to Lender by SNS Buddies, Inc. dba Uni-Mart, under
obligated to repay monies to Lender.
A. THE UNDE SIGNED ACKNOWLEDGES AND AGREES THAT THE ABOVE DOCUMENT CONTAINS PROVISIONS UNDER
WHICH LENDER MAY EN R JUDGMENT BY CONFESSION AGAINST THE UNDERSIGNED. BEING FULLY AWARE OF ITS RIGHTS TO
PRIOR NOTICE AND A G ON THE VALIDITY OF ANY JUDGMENT OR OTHER CLAIMS THAT MAY BE ASSERTED AGAINST IT BY
LENDER THEREUNDER B FORE 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 O THE TERMS THEREOF.
B. THE UNDE SIGNED ALSO ACKNOWLEDGES AND AGREES THAT THE ABOVE DOCUMENT CONTAINS PROVISIONS
UNDER WHICH LENDER Y, AFTER ENTRY OF JUDGMENT AND WITHOUT EITHER NOTICE OR A HEARING, FORECLOSE UPON,
ATTACH, LEVY, TAKE PO ESSION 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 JUI GMENT), THE UNDERSIGNED HEREBY FREELY, KNOWINGLY AND INTELLIGENTLY WAIVES ITS RIGHTS
TO NOTICE AND A HE G AND EXPRESSLY AGREES AND CONSENTS TO LENDER'S TAKING SUCH ACTIONS AS MAY BE
PERMITTED UNDER APP CABLE STATE AND FEDERAL LAW WITHOUT PRIOR NOTICE TO THE UNDERSIGNED.
C. The undersi ed certifies that a representative of Lender specifically called the confession of judgment provisions in
the above document to th attention of the undersigned, and/or that the undersigned was represented by legal counsel in connection
with the above document
D. The undersi ed hereby certifies: that its annual income exceeds $10,000; that all references to Athe undersigned
above refer to all persons and entitisigning below; and that the undersigned received a copy hereof at the time of signing.
Dated: ` - -??
x ?, , ?-
Neeru Khanna
Sunil Khanna
rrC 11
C:\DOCUME-1\FE2040-?.PNC\LOCALS-l\Temp\C.Notes.Data\conf:guarantor.doc (1).doc Form 9C - PA Rev. 3/99
BANK
e pfr 27, 200$
illeq and Regular Mail
SNS Bu ldies Inc dlbla Uni-Mart
Sunil Kl arana, President
94 South Pennsylvania Avenue
Wilkes-Barre, Pennsylvania 18702
RE: L, )an 932167351/602522191
.
Dear Mr.1 Khanna:
You are in default of your obligations to PNC Bank (the "13an1:") for failure to inake
payrnent, on the $715,500.00 loan (the "Loan") as required in the Promissory Note; that.
evidence the Lean and the Guaranty Agreement(s) that secures the Loan. As a result of
the defau t of your obligations to the Bank, the entire outstanding amount of the Loan has
been acc leratr:.d and is now due and payable immediately in full. "I7ac amounts that acre
dale and tyable to the Bank are as follows:
Principal $325,508.57
Interest $ 10,571.87 (as of 2/27/08)
Late Charges $ -7, 1,043.96
Total $33! 24.40
Interest ce rrtinues to accrue at the rate of $86.95 per clay through the date on which
payrraeynt i received by the Bank.
In additio to the amounts set forth above., you will be responsible for payment or
reimburse ent to the Bank for all attorneys' fees incurred or paid by the Bank with
respect to his matter.
Please mac arrangements for payment in full of your obligations to the Bank by
contacting; the Bank, as :follows:
kyra E. Loranski
Assistant Vice President
201 Penn Avenue
Scranton, PA 18503
Phone: (5701) 961-6266
Merner of Ths PNC Financial Services ffim (570) 961-6240
201 P nn Avenue Scranton Pennsylvania 18503
www. nc,co?
rc 7l
X ? lb 1? 'C]
Pale 2
Neither this letter nor anything contained herein waives, limits or othenvise affects
in any vay the Bank's rights to exercise and enforce its rights and -remedies for
collecti rt of your obligations to the Bank, all of which are reserved by the Bank,
and remain in (till force and effect, enforceable by the Bank at any time on or after
the date of this letter.
We loo forward to receiving; payment in full of your obligations to the Bank in the
imme i e future. Otherwise, the Bank may have no alternative but to initiate collection
If you have any questions please call me at 5'70-961-6266. Thank you in advance for
your cooperation in this matter.
Kyra l . &rans.C
Assistant Vice 1' esic
cc: S nil Khanna, Guarantor
N e:ru, Khanna. Guarantor
(7)
t - t : a -Ti
P' .ZI
04
rv }
O
COURT F COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION
PNC BANK, NATIONAL ASSOCIATION, : DOCKET NO. D$ - yyo9 ePlaintiff
v CONFESSION OF JUDGMENT
SUNIL KHANNA and NEERU KHANNA,
efendants 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
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
Respectfully submitted,
McNees Wallace & Nurick LLC
Date: July2z
By:
GeotMWS. uff, Esquire
_5 *erne 96urt ID #24848
100 Pine Street, PO Box 1166
Harrisburg, PA 17108-1166
(717) 237-5439
Attorneys for Plaintiff
t:
.i.5
4
COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION
PNCBANK,
N TIONALASSOCIATION, DOCKET NO. 0$ - +44o9 Civl( lerr.
v1 : CONFESSION OF JUDGMENT
SUNIL KHANN4 and NEERU KHANNA,
: PREVIOUSLY ASSIGNED TO: N/A
NOTICE UNDER RULE 2958.1
OF JUDGMENT AND EXECUTION THEREON
NOTICE OF DEFENDANT'S RIGHTS
TO: Sunil KWnna and Neeru Khanna
A judgment in the amount of $383,164.21, plus interest, other expenses, fees and costs has been
entered against ou and in favor of the plaintiff without any prior notice or hearing based on a
confession of ju gment 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 th date on which this notice is served on you.
You may have 1 gal 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 CANN T AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO
PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL
SERVICES TO E?LIGIBLE PERSONS AT A REDUCED FEE OR NO FEE.
44
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: July ,2008 By:
f, Esquire
D #24848
100 Pine Street, PO Box 1166
Harrisburg, PA 17108-1166
(717) 237-5439
Attorneys for Plaintiff
? rv
r
ai C--
(f
-7
1
' W
?._
COURT
PNC BANK,
SUNIL
TO THE PRC
Ido c
Sunil Khanna
AFFIDAVIT OF NON-MILITARY SERVICE
)NOTARY:
to the best of my knowledge, that Defendants in the above-captioned action,
Neeru Khanna, are not presently on active or nonactive military status.
Respectfully submitted,
McNees Wallace & Nurick LLC
F COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION
f TIONAL ASSOCIATION, DOCKET NO. 08- 440 Cisiot T&rk
P aintiff :
V. CONFESSION OF JUDGMENT
and NEERU KHANNA,
efendants PREVIOUSLY ASSIGNED TO: N/A
Date: July2Z 2(
By:
?yfy ?S<Shuff, Esquire
-Supreme' Court ID #24848
100 Pine Street, PO Box 1166
Harrisburg, PA 17108-1166
(717) 237-5439
Attorneys for Plaintiff
-r7
r?1ji ? 7 `rf
f
{
..
y ;t )
COURT ?F COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION
PNC BANK, NATIONAL ASSOCIATION,
v
SUNIL KHANN?A and NEERU KHANNA,
DOCKET NO. 63- q qoj lei v i 1 Tex..
CONFESSION OF JUDGMENT
PREVIOUSLY ASSIGNED TO: N/A
CERTIFICATE OF ADDRESSES
I hereby e
Penn Avenue,
and Neeru
Date: July2z'
Respectfully submitted,
McNees Wallace & Nurick LLC
By:
Geo $huff, Esquire
reme Court ID #24848
100 Pine Street, PO Box 1166
Harrisburg, PA 17108-1166
(717) 237-5439
Attorneys for Plaintiff
ify that the precise address of Plaintiff, PNC Bank, National Association, is 201
PA 18503; and that the last known address of Defendants, Sunil Khanna
is 3 Cherokee Square, Wilkes-Barre, PA 18702.
c) r?3
l i
C°=5
CJ.,
`;
N -
:.T?S
COURT CAF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION
PNC BANK, N)
P
v
SUNIL KHANl
E
To: Sunil Khaiu
You are 1
entered against y
DATE:
[ONAL ASSOCIATION, DOCKET NO. 08 - N4 oq C.iv l terr+?
ntiff :
CONFESSION OF JUDGMENT
and NEERU KHANNA,
rndants PREVIOUSLY ASSIGNED TO: N/A
and Neeru Khanna, Defendants
Eby notified that on N 41" 22,
, 2008, judgment by confession was
in the sum of $383,164.21, in theAove-captionedAase.
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
residence:
that the following is the address of the Defendants stated in the certificate of
Sunil Kh a and Neeru Khanna
3 Cherokee Square
Wilkes-B irre, PA 18702
O
A, Sunil Khanna land Neeru Khanna, Demandado(s)
Por este edio sea avisado que en el dia de de 2008, un fallo por admision fue
registrado contra usted por la contidad de $383,164.21, del caso antes escrito.
Fecha: el dia a de 2008
Protonotario
LLEVE STA DEMANDA A UN ABODAGO IMMEDIATAMENTE. SI NO TIENE
ABOGADO O I NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA
EN PERSONA A LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE
ENCUENTRA SCRITA 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 res dencia:
Sunil Kh a and Neeru Khanna
3 Cherk Square
Wilkes e, PA 18702
Robert C. Nowalis, Esquire
Attorney Identification Number 21970
Doran, Nowalis & Doran
69 Public Square, Suite 700
Wilkes-Barre, Pennsylvania 18701-2588
570-823-9111
Attorneys for SNS Buddies, Inc. d/b/a Uni-Mart
PNC Bank, National Association, $
Plaintiff, $
V. $
Sunil Khanna and Neeru Khanna, $
Defendants. $
In the Court of Common Pleas
of Cumberland County
Civil Action
Confession of Judgment
No. 08-4409
Petition to Strike and/or Open Judgment
Sunil Khanna and Neeru Khanna ("Khannas" or "Petitioners") by and
through its counsel, Doran, Nowalis & Doran, hereby pray for an Order of Court
striking and/or opening this judgment and cites the following reasons therefore.
1. On July 23, 2005 the Plaintiff, PNC Bank, National Association
("PNC"), filed its Complaint for Confession of Judgment Under Rule 2951 in the
Office of the Prothonotary of Cumberland County. The complaint was based on an
Unconditional Guarantee ("Guarantee") attached to PNC's complaint as Exhibit
«A »
2. On the same day the Prothonotary of Cumberland County entered
judgment in favor of PNC and against Petitioner in the amount of $383,164.21.
3. The Khannas reside in Wilkes-Barre, Pennsylvania.
4. The Khannas cannot be served in Cumberland County Pennsylvania.
5. PNC's alleged cause of action did not arise in Cumberland County
Pennsylvania.
6. No transaction or occurrence took place in Cumberland County
Pennsylvania out of which PNC's cause of action arose.
7. No property is located in Cumberland County Pennsylvania which is
the subject of this action.
8. No law authorized venue of this case in Cumberland County
Pennsylvania.
8. Venue is not proper in Cumberland County Pennsylvania and this
judgment should be stricken and/or opened.
10. Paragraph 1 of the Guarantee provides, in part: "Guarantor must pay
all amounts due under the Note when Lender makes written demand upon
Guarantor." [Emphasis added.]
11. The confession of judgment provision of the Guarantee authorizes the
confession of judgment "At any time after the occurrence of any event of
default..."
12. PNC's complaint fails to allege that it provided Petitioners with any
written demand. Indeed, PNC's complaint reveals at Exhibit "D" that PNC made
demand on only "SNS Buddies Inc. d/b/a Uni-Mart."
13. The confession of judgment entered in this case was not authorized
and should be stricken.
14. The confession of judgment provisions of the Guarantee provides, in
part:
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
EXCERCISED 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. [Emphasis
added.]
15. The foregoing provision violates public policy and the judgment
confessed under that provision of the Guarantee should be stricken and/or opened.
16. The Petitioners are the principal of SNS Buddies Inc. d/b/a Uni-Mart
("SNS").
17. The Guarantee was made when SNS purchased a Uni-Mart store in
Wilkes-Barre, Pennsylvania from Uni-Marts, LLC ("Uni-Marts").
18. In 2004 Uni-Marts owned several hundred convenience stores.
19. The sale to SNS was part of Uni-Marts' effort, beginning in 2004, to
sell 255 of its stores.
20. As part of its sales effort Uni-Marts engaged the services of Kuber
Financial Services, LLC ("Kuber") to promote the store sales.
21. Kuber advised SNS and other buyers that PNC, Unity Bank, M & T
Bank, and Community South Bank (the "Banks") where "preferred SBA lenders"
who were prepared to finance the purchase of the stores.
22. Kuber further advised SNS and other purchasers that the Banks had
examined the financial statements of the stores and had done their due diligence.
SNS and other purchasers were also told that the Banks had in some cases even
obtained SBA's pre-approval for certain legal documents related to the sale.
23. Kuber also conducted seminars, one of which SNS attended, at which
Kuber indicated that representatives of the Bank were present. Kuber repeated the
representation contained in ¶ 16 at the seminar.
24. Upon information and belief one or more representatives of PNC were
present at the seminar SNS attended and at which Kuber's representations were
made.
25. Neither at the seminar nor at any other time did PNC ever cause SNS
to doubt that PNC examined the financial statements of the store SNS eventually
purchased and had done PNC's due diligence with respect to that store. Nor did
PNC ever deny it had obtained SBA's pre-approval for certain legal documents
related to the sale.
26. On information and belief PNC never examined the financial
statements of the store SNS eventually purchase nor did PNC do any due diligence
with respect to the store nor did it have SBA pre-approval for certain legal
documents related to the sale.
27. SNS relied on the foregoing representations and the conduct of PNC.
In reliance on the representations and the conduct of PNC Petitioner purchased the
Wilkes-Barre Uni-Mart store.
28. The Petitioners relied upon the foregoing representations and conduct
of PNC. In reliance upon the representations and the conduct of PNC Petitioners
signed the Guarantee.
29. Petitioners trusted PNC throughout SNS's purchase of the Wilkes-
Barre store.
30. PNC was aware that Petitioners were placing their trust in PNC and
PNC acknowledged that trust.
31. In fact, the representations made with regard to the Wilkes-Barre store
were materially inaccurate.
32. SNS and Petitioners have suffered losses which exceed the amount
PNC claims to be due on the Note and Guarantee.
Wherefore, Petitioners pray that the judgment of PNC be stricken and/or
opened and that all proceeding be stayed pending a determination of the Rule.
Doran,
ROberit'C. Nowalis, Esquire
Attorney ID 21970
69 Public Square, Suite 700
Wilkes-Barre, Pennsylvania 18701
Attorneys for SNS Buddies, Inc. d/b/a Uni-
Mart
VERIFICATION
The undersigned, Sunil Khanna, is one of the named
Defendants in the above matter and is authorized to make this verification
on behalf of Defendants.
The undersigned has read the foregoing and hereby states that
the facts set forth therein are true and correct to the best of his knowledge,
information and belief. This statement is made subject to the penalties of
18 Pa. C.S.A. § 4904 relating to unsworn falsification to authorities.
a Ao."v ?
Sunil Khanna
Certification of Service
The undersigned, Robert C. Nowalis, Esquire, hereby certifies that a true and
correct copy of the foregoing was served on the following persons by placing a
copy of the same in the first class U.S. mail on August 21, 2008, postage prepaid,
addressed as follows:
Geoffrey S. Shuff, Esquire
McNees Wallace & Nurick
100 Pine Street
P.O. Box 1166
Harrisburg, Pennsylvania 17108-5439
Nowalis, Esquire
c
C
?;
.
,.?
x
.
-
?.z -? ?_.
r
? ^
t
?.'.? 5\....
N ;r.r
'f"? 1-.
-" : !l
??-.
-?
Vs
PNC BANK,
National Association,
Plaintiff
V.
SUNIL KHANNA and
NEERU KHANNA
Defendants
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYVANIA
NO. 08-4409 CIVIL
IN RE: DEFENDANTS' PETITION TO STRIKE AND/OR OPEN JUDGMENT
ORDER OF COURT
AND NOW, this 26th day of August, 2008, upon consideration of the Petition to
Strike and/or Open Judgment filed by the Defendants,
IT IS HEREBY ORDERED AND DIRECTED that:
1. A Rule is issued upon the Plaintiff to show cause why the relief requested
should not be granted;
2. The Plaintiff will file an answer on or before September 16, 2008;
3. The Prothonotary is directed to forward said Answer to this Court
4. If no answer to the Rule to Show cause is filed by the required date, the relief
requested by Defendants shall be granted upon the Court's receipt of a Motion
requesting Rule be made Absolute. If the Plaintiff files an answer to this Rule to Show
Cause, the Court will determine if a hearing, status conference or further Order of Court
is required.
By the Court,
M. L. Ebert, Jr.,
,,-Ko'bert C. Nowalis, Esquire
Attorney for Defendants y
eoffrey S. Shuff, Esquire
Attorney for Plaintiff
bas
"q:I--
t
€ ? _z wa qz onv goon
30!:140-0311A
r„
COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION
PNC BANK, NATIONAL ASSOCIATION, DOCKET NO. 08-4409 Civil Term
Plaintiff
V.
CONFESSION OF JUDGMENT
SUNIL KHANNA and NEERU KHANNA,
Defendants
PREVIOUSLY ASSIGNED TO:
JUDGE M. L. EBERT, JR.
ANSWER OF PNC BANK, NATIONAL ASSOCIATION, TO
PETITION TO STRIKE AND/OR OPEN JUDGMENT
PNC Bank, National Association ("PNC" ), by and through its counsel, McNees Wallace &
Nurick LLC, Geoffrey S. Shuff, Esquire, files this Answer of PNC Bank, National Association, to
Petition to Strike and/or Open Judgment, alleging in support hereof the following:
1. Admitted.
2. Admitted.
3. Denied. After reasonable investigation, PNC is without knowledge or information
sufficient to form a belief as to the truth of this averment. Further, (a) Section 10 of the U.S. Small
Business Administration Unconditional Guarantee attached to PNC's Complaint for Confession of
Judgment provides that,
UNDERSIGNED [PETITIONERS] HEREBY EMPOWERS ANY ATTORNEY OF ANY
COURT OF RECORD, AT ANY TIME AFTER THE OCCURRENCE OF ANY
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
[PNC]...,
and (b) when an instrument contains such language, Pennsylvania law authorizes the entry of
judgment by an attorney in any jurisdiction, and (c) PNC has a principal regional office in
Cumberland County, Pennsylvania, and (d) Petitioners have not alleged any sufficient ground for
the judgment to be stricken, and (e) Petitioners have not stated any meritorious defense to the
judgment that would justify striking or opening the judgment.
4. Denied. This averment constitutes a legal conclusion to which no answer is
required. However, to the extent an answer may be required, or to answer further, (a) under
appropriate circumstances, the Petitioners can be served in Cumberland County, Pennsylvania, and
(b) the Petitioners can be, and were, properly served with PNC's Complaint for Confession of
Judgment and related documents from Cumberland County, Pennsylvania, according to the
Pennsylvania Rules of Civil Procedure, and (c) Section 10 of the U.S. Small Business
Administration Unconditional Guarantee attached to PNC's Complaint for Confession of Judgment
provides that,
UNDERSIGNED [PETITIONERS] HEREBY EMPOWERS ANY ATTORNEY OF ANY
COURT OF RECORD, AT ANY TIME AFTER THE OCCURRENCE OF ANY
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
[PNC]...,
and (d) when an instrument contains such language, Pennsylvania law authorizes the entry of
judgment by an attorney in any jurisdiction, and (e) PNC has a principal regional office in
Cumberland County, Pennsylvania, and (f) Petitioners have not alleged any sufficient ground for the
judgment to be stricken, and (g) Petitioners have not stated any meritorious defense to the judgment
that would justify striking or opening the judgment.
5. Denied. This averment constitutes a legal conclusion to which no answer is
required. However, to the extent an answer may be required, or to answer further, (a) Section 10 of
the U.S. Small Business Administration Unconditional Guarantee attached to PNC's Complaint for
Confession of Judgment provides that,
UNDERSIGNED [PETITIONERS] HEREBY EMPOWERS ANY ATTORNEY OF ANY
COURT OF RECORD, AT ANY TIME AFTER THE OCCURRENCE OF ANY
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
[PNC]...,
and (b) when an instrument contains such language, Pennsylvania law authorizes the entry of
judgment by an attorney in any jurisdiction, and (c) PNC has a principal regional office in
Cumberland County, Pennsylvania, and (d) Petitioners have not alleged any sufficient ground for
the judgment to be stricken, and (e) Petitioners have not stated any meritorious defense to the
judgment that would justify striking or opening the judgment.
6. Denied. This averment constitutes a legal conclusion to which no answer is
required. However, to the extent an answer may be required, or to answer further, (a) Section 10 of
the U.S. Small Business Administration Unconditional Guarantee attached to PNC's Complaint for
Confession of Judgment provides that,
UNDERSIGNED [PETITIONERS] HEREBY EMPOWERS ANY ATTORNEY OF ANY
COURT OF RECORD, AT ANY TIME AFTER THE OCCURRENCE OF ANY
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
[PNC]...,
and (b) when an instrument contains such language, Pennsylvania law authorizes the entry of
judgment by an attorney in any jurisdiction, and (c) PNC has a principal regional office in
Cumberland County, Pennsylvania, and (d) Petitioners have not alleged any sufficient ground for
the judgment to be stricken, and (e) Petitioners have not stated any meritorious defense to the
judgment that would justify striking or opening the judgment.
7. Denied. After reasonable investigation, PNC is without knowledge or information
sufficient to form a belief as to the truth of this averment. Further, (a) Section 10 of the U.S. Small
Business Administration Unconditional Guarantee attached to PNC's Complaint for Confession of
Judgment provides that,
UNDERSIGNED [PETITIONERS] HEREBY EMPOWERS ANY ATTORNEY OF ANY
COURT OF RECORD, AT ANY TIME AFTER THE OCCURRENCE OF ANY
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
[PNC]...,
and (b) when an instrument contains such language, Pennsylvania law authorizes the entry of
judgment by an attorney in any jurisdiction, and (c) PNC has a principal regional office in
Cumberland County, Pennsylvania, and (d) Petitioners have not alleged any sufficient ground for
the judgment to be stricken, and (e) Petitioners have not stated any meritorious defense to the
judgment that would justify striking or opening the judgment.
8. Denied. This averment constitutes a legal conclusion to which no answer is
required. However, to the extent an answer may be required, or to answer further, (a) Section 10 of
the U.S. Small Business Administration Unconditional Guarantee attached to PNC's Complaint for
Confession of Judgment provides that,
UNDERSIGNED [PETITIONERS] HEREBY EMPOWERS ANY ATTORNEY OF ANY
COURT OF RECORD, AT ANY TIME AFTER THE OCCURRENCE OF ANY
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
[PNC]...,
and (b) when an instrument contains such language, Pennsylvania law authorizes the entry of
judgment by an attorney in any jurisdiction, and (c) PNC has a principal regional office in
Cumberland County, Pennsylvania, and (d) Petitioners have not alleged any sufficient ground for
the judgment to be stricken, and (e) Petitioners have not stated any meritorious defense to the
judgment that would justify striking or opening the judgment.
9. Denied. This averment constitutes a legal conclusion to which no answer is
required. However, to the extent an answer may be required, or to answer further, (a) Section 10 of
the U.S. Small Business Administration Unconditional Guarantee ("Guarantee") attached to PNC's
Complaint for Confession of Judgment provides that,
UNDERSIGNED [PETITIONERS] HEREBY EMPOWERS ANY ATTORNEY OF ANY
COURT OF RECORD, AT ANY TIME AFTER THE OCCURRENCE OF ANY
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
[PNC] ...,
and (b) when an instrument contains such language, Pennsylvania law authorizes the entry of
judgment by an attorney in any jurisdiction, and (c) PNC has a principal regional office in
Cumberland County, Pennsylvania, and (d) Petitioners have not alleged any sufficient ground for
the judgment to be stricken, and (e) Petitioners have not stated any meritorious defense to the
judgment that would justify striking or opening the judgment.
10. Admitted in part, denied in part. It is admitted that the Guarantee contains the
sentence quoted by Petitioners. However, the averment is denied, as the Petitioners' quote is taken
out of context from a document that is a writing that speaks for itself.
11. Admitted in part, denied in part. It is admitted that Section 10 of the Guarantee
contains the wording that is within the quotation marks in Petitioners' averment. However, the
averment is denied, as the wording is not properly quoted, and as the wording is taken out of context
from a document that is a writing that speaks for itself.
12. Denied. It is denied that PNC was required to provide Petitioners with any written
demand before confessing the judgment, as PNC was authorized to confess the judgment at any
time after the occurrence of any default under the Guarantee, which had, in fact, occurred, and
which Petitioners do not deny. However, although not required for PNC's confession of judgment,
the Petitioners received a copy of the demand letter attached to PNC's Complaint as Exhibit "D".
Further, the Petitioners received the Complaint for Confession of Judgment, the Confession of
Judgment, and the Notice of Confession of Judgment from the Cumberland County Prothonotary,
and the Notice Under Rule 2958.1 of Judgment and Execution Thereon-Notice of Defendants'
Rights from PNC.
13. Denied. The answer to paragraphs 11 and 12 are incorporated herein as if set forth
in full.
14. Admitted.
15. Denied. This averment constitutes a legal conclusion to which no answer is
required. However, to the extent answer may be required, or to answer further, (a) the same and/or
similar language has been contained in document provisions authorizing confession of judgment
that have been considered by Pennsylvania Courts, and the Courts have upheld the validity of such
provisions, and (b) PNC is unaware of any case in which the language emphasized by the
Petitioners have been determined to violate public policy. Further, Section 9.1 of the Guarantee
provides that, "If any part of this Guarantee is found to be unenforceable, all other parts will remain
in effect", and such provisions are held to be effective by Pennsylvania Courts. Therefore, even if
the provision emphasized by Petitioners was determined to violate public policy and be declared
invalid, which PNC denies should occur, the remainder of the provisions authorizing confession of
judgment, and therefore the judgment, would remain effective.
16. Denied. After reasonable investigation, PNC is without knowledge or information
sufficient to form a belief as to the truth of this averment. Further, PNC denies that (a) this
averment is relevant or appropriate in a Petition to open and/or strike a confessed judgment, and (b)
Petitioners have alleged any ground for the judgment to be stricken, and (c) Petitioners have stated
any meritorious defense to the judgment that would justify striking or opening the judgment.
17. Denied. PNC made a $775,500.00 SBA-guaranteed loan to assist SNS Buddies Inc.
dba Uni-Mart ("SNS") in the purchase of a business operated as a Uni-Mart store in Wilkes-Barre,
Pennsylvania, and the loan was guaranteed by Petitioners pursuant to the Guarantee. Further, PNC
denies that (a) this averment is relevant or appropriate in a Petition to open and/or strike a confessed
judgment, and (b) Petitioners have alleged any ground for the judgment to be stricken, and (c)
Petitioners have stated any meritorious defense to the judgment that would justify striking or
opening the judgment.
18. Denied. After reasonable investigation, PNC is without knowledge or information
sufficient to form a belief as to the truth of this averment. Further, PNC denies that (a) this
averment is relevant or appropriate in a Petition to open and/or strike a confessed judgment, and (b)
Petitioners have alleged any ground for the judgment to be stricken, and (c) Petitioners have stated
any meritorious defense to the judgment that would justify striking or opening the judgment.
19. Denied. After reasonable investigation, PNC is without knowledge or information
sufficient to form a belief as to the truth of this averment. Further, PNC denies that (a) this
averment is relevant or appropriate in a Petition to open and/or strike a confessed judgment, and (b)
Petitioners have alleged any ground for the judgment to be stricken, and (c) Petitioners have stated
any meritorious defense to the judgment that would justify striking or opening the judgment.
20. Denied. After reasonable investigation, PNC is without knowledge or information
sufficient to form a belief as to the truth of this averment. Further, PNC denies that (a) this
averment is relevant or appropriate in a Petition to open and/or strike a confessed judgment, and (b)
Petitioners have alleged any ground for the judgment to be stricken, and (c) Petitioners have stated
any meritorious defense to the judgment that would justify striking or opening the judgment.
21. Denied. After reasonable investigation, PNC is without knowledge or information
sufficient to form a belief as to the truth of this averment. Further, PNC denies that (a) this
averment is relevant or appropriate in a Petition to open and/or strike a confessed judgment, and (b)
Petitioners have alleged any ground for the judgment to be stricken, and (c) Petitioners have stated
any meritorious defense to the judgment that would justify striking or opening the judgment.
22. Denied. After reasonable investigation, PNC is without knowledge or information
sufficient to form a belief as to the truth of this averment. Further, PNC denies that (a) this
averment is relevant or appropriate in a Petition to open and/or strike a confessed judgment, and (b)
Petitioners have alleged any ground for the judgment to be stricken, and (c) Petitioners have stated
any meritorious defense to the judgment that would justify striking or opening the judgment.
23. Denied. After reasonable investigation, PNC is without knowledge or information
sufficient to form a belief as to the truth of this averment. Further, PNC denies that (a) this
averment is relevant or appropriate in a Petition to open and/or strike a confessed judgment, and (b)
Petitioners have alleged any ground for the judgment to be stricken, and (c) Petitioners have stated
any meritorious defense to the judgment that would justify striking or opening the judgment.
24. Denied. After reasonable investigation, PNC is without knowledge or information
sufficient to form a belief as to the truth of this averment. Further, PNC denies that (a) this
averment is relevant or appropriate in a Petition to open and/or strike a confessed judgment, and (b)
Petitioners have alleged any ground for the judgment to be stricken, and (c) Petitioners have stated
any meritorious defense to the judgment that would justify striking or opening the judgment.
25. Denied. After reasonable investigation, PNC is without knowledge or information
sufficient to form a belief as to the truth of this averment. However, it is denied that PNC had any
duty to SNS or Petitioners regarding any of the matters described in this averment. Further, PNC
denies that (a) this averment is relevant or appropriate in a Petition to open and/or strike a confessed
judgment, and (b) Petitioners have alleged any ground for the judgment to be stricken, and (c)
Petitioners have stated any meritorious defense to the judgment that would justify striking or
opening the judgment.
26. Denied. PNC underwrote the loan to SNS for SNS's purchase of a business from
Uni-Marts according to its practices, policies and procedures for such loans. It is denied that PNC
had any duty to SNS or Petitioners regarding any of the matters described in this averment. It was
SNS's and Petitioners' responsibility alone to perform such due diligence as SNS and Petitioners
determined to be necessary for the transaction, and SNS's and Petitioners' respective decisions
alone to purchase the business from Uni-Marts and guarantee the loan. Further, PNC denies that (a)
this averment is relevant or appropriate in a Petition to open and/or strike a confessed judgment, and
(b) Petitioners have alleged any ground for the judgment to be stricken, and (c) Petitioners have
stated any meritorious defense to the judgment that would justify striking or opening the judgment.
27. Denied. After reasonable investigation, PNC is without knowledge or information
sufficient to form a belief as to the truth of this averment. Further, PNC denies that (a) Petitioners
allege any representations or conduct by PNC in any previous averment upon which SNS or
Petitioners could have relied, and (b) PNC made any representations or engaged in any conduct
upon which SNS or Petitioners could have relied with respect to SNS's and Petitioners' respective
decisions to purchase a business from Uni-Marts and guarantee the loan, and (c) SNS or Petitioners
had any right at any time to rely on any representation or conduct of PNC, and (d) PNC had any
duty to SNS or Petitioners with respect to SNS's and Petitioners' respective decisions to purchase a
business from Uni-Marts and guarantee the loan, and (e) this averment is relevant or appropriate in a
Petition to open and/or strike a confessed judgment, and (fl Petitioners have alleged any ground for
the judgment to be stricken, and (g) Petitioners have stated any meritorious defense to the judgment
that would justify striking or opening the judgment. Further, SNS and Petitioners were responsible
to, and did, perform SNS's and Petitioners' own due diligence and make SNS's and Petitioners'
own respective decisions to purchase a business from Uni-Marts and guarantee the loan.
28. Denied. After reasonable investigation, PNC is without knowledge or information
sufficient to form a belief as to the truth of this averment. Further, PNC denies that (a) Petitioners
allege any representations or conduct by PNC in any previous averment upon which SNS or
Petitioners could have relied, and (b) PNC made any representations or engaged in any conduct
upon which SNS or Petitioners could have relied with respect to SNS's and Petitioners' respective
decisions to purchase a business from Uni-Marts and guarantee the loan, and (c) SNS or Petitioners
had any right at any time to rely on any representation or conduct of PNC, and (d) PNC had any
duty to SNS or Petitioners with respect to SNS's and Petitioners' respective decisions to purchase a
business from Uni-Marts and guarantee the loan, and (e) this averment is relevant or appropriate in a
Petition to open and/or strike a confessed judgment, and (f) Petitioners have alleged any ground for
the judgment to be stricken, and (g) Petitioners have stated any meritorious defense to the judgment
that would justify striking or opening the judgment. Further, SNS and Petitioners were responsible
to, and did, perform SNS's and Petitioners' own due diligence and make SNS's and Petitioners'
own respective decisions to purchase a business from Uni-Marts and guarantee the loan.
29. Denied. After reasonable investigation, PNC is without knowledge or information
sufficient to form a belief as to the truth of this averment. Further, PNC denies that (a) Petitioners
had any right to trust PNC regarding Petitioners' decision to guarantee the loan for SNS's purchase
a Uni-Mart business, and (b) PNC had any duty to Petitioners with respect to Petitioners' decision to
guarantee the loan for SNS's purchase a business from Uni-Marts, and (c) PNC had any relationship
with Petitioners other than guarantors and lender with respect to Petitioners' decision to guarantee
the loan for SNS's purchase of a business from Uni-Marts, and (d) this averment is relevant or
appropriate in a Petition to open and/or strike a confessed judgment, and (e) Petitioners have alleged
any ground for the judgment to be stricken, and (f) Petition has stated any meritorious defense to the
judgment that would justify striking or opening the judgment.
30. Denied. PNC denies that PNC was aware that Petitioners were placing any trust in
PNC. PNC denies that PNC acknowledged any such trust. Further, PNC denies that (a) Petitioners
had any right to trust Petitioners regarding Petitioners' decision to guarantee the loan for SNS's
purchase of a Uni-Mart business, and (b) PNC had any duty to Petitioners with respect to
Petitioners' decision to guarantee the loan for SNS's purchase of a business from Uni-Marts, and (c)
PNC had any relationship with Petitioners other than guarantors and lender with respect to
Petitioners' decision to guarantee the loan for SNS's purchase of a business from Uni-Marts, and (d)
this averment is relevant or appropriate in a Petition to open and/or strike a confessed judgment, and
(e) Petitioners have alleged any ground for the judgment to be stricken, and (f) Petition has stated
any meritorious defense to the judgment that would justify striking or opening the judgment.
31. Denied. PNC denies that PNC made any representations to SNS or Petitioners "with
regard to the Wilkes-Bare store". The answers to paragraphs 26, 27 and 28 are incorporated herein
as if set forth in full.
32. Denied. After reasonable investigation, PNC is without knowledge or information
sufficient to form a belief as to the truth of this averment. However, PNC denies that either SNS or
Petitioners have suffered any losses for which PNC is responsible. The answers to paragraphs 26,
27 and 28 are incorporated herein as if set forth in full.
WHEREFORE, PNC respectfully requests this honorable Court to deny the relief requested
by the Petitioners and dismiss the Petition, with prejudice.
Respectfully submitted,
McNees Wallace & Nurick LLC
Date: September 16, 2008 By:°
. offre . S , Esquire
Su 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. 08-4409 Civil Term
Plaintiff
V.
SIJINIL KIIANNA and .NFT.RU KHANNA,
Defendants
CONFESSION OF JUDGMENT
PREVIOUSLY ASSIGNED TO:
JUDGE M. L. EBERT, JR
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: ? a
1 11
By
P'NC BANK, NATIONAL ASSOCIATION
COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION
PNC BANK, NATIONAL ASSOCIATION, DOCKET NO. 08-4409 Civil Term
Plaintiff
V.
SUNIL KHANNA and NEERU KHANNA,
Defendants
CONFESSION OF JUDGMENT
PREVIOUSLY ASSIGNED TO:
JUDGE M. L. EBERT, JR.
CERTIFICATE OF SERVICE
AND NOW, this 16th day of September, 2008, the undersigned, of the firm of McNees
Wallace & Nurick LLC, hereby certify that I this day served a true and correct copy of the
Answer Of PNC Bank, National Association, to Petition to Strike and/or Open Judgment as
addressed below via United States Mail, postage prepaid, addressed as follows:
Robert C. Nowalis, Esquire
Doran, Nowalis & Doran
69 Public Square, Suite 700
Wilkes-Barre, PA 18701-2588
Date: September 16, 2008
Respectfully submitted,
McNees Wallace & Nurick LLC
By:
eo 3 huff, Esquire
S e Court ID #24848
100 Pine Street, PO Box 1166
Harrisburg, PA 17108-1166
(717) 237-5439
Attorneys for Plaintiff
C/Jr
i??E?
• (r1
(TI