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HomeMy WebLinkAbout09-53651 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PNC BANK, NATIONAL ASSOCIATION ) Plaintiff ) vs. ) ) PRECISE GEOSYSTEMS, INC. ) Defendant. No. CR -5-%5 Civil Jam CONFESSION OF JUDGMENT Pursuant to the authority granted in the Warrant of Attorney contained in the Note, a copy of which is attached as Exhibit "A" to the complaint filed in this action, the undersigned attorney hereby appears for Defendant and confesses judgment in favor of Plaintiff, PNC BANK, NATIONAL ASSOCIATION, and against Defendant as follows: Principal Debt $178,548.02 Interest through June 17, 2009 5,695.13 Late charge 2,886.30 Attorney's Commission through 1,842.31 Total $188,971.76 By Donna M. Donaher, Esquire Attorney for PNC Bank, National Association FILL = t ? f =, E IOTARY 2009 J UL 31 PH 3: 13 a? THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PNC BANK, NATIONAL ASSOCIATION, CIVIL DIVISION Plaintiff, NO. Dq -53(05 ?y<< tarm vs. PRECISE GEOSYSTEMS, INC. Defendant. COMPLAINT IN CONFESSION OF JUDGMENT Code: Counsel of Record for This Party: Donna M. Donaher, Esquire Pa. I.D. #53165 TUCKER ARENSBERG, P.C. Firm #287 1500 One PPG Place Pittsburgh, PA 15222 (412) 566-1212 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PNC BANK, NATIONAL ASSOCIATION, Plaintiff, No. vs. PRECISE GEOSYSTEMS, INC. Defendant COMPLAINT IN CONFESSION OF JUDGMENT AND NOW, comes the Plaintiff, PNC BANK, NATIONAL ASSOCIATION, successor in interest to Bank of Hanover and Trust Company, by and through its counsel, Tucker Arensberg, P.C., and files this Complaint confessing judgment in its favor, stating as follows: 1. Plaintiff, PNC BANK, NATIONAL ASSOCIATION ("PNCB"), is a national banking association organized under the laws of the United States and a citizen of Pennsylvania, with its main office located at Fifth Avenue and Wood Street, Pittsburgh, Pennsylvania. 2. Defendant is Precise Geosystems Inc. whose last known address is 1781 R. Main Street, Mechanicsburg, Pennsylvania 17055. 3. Defendant, on May 2, 2006, executed a Promissory Note ("Note") and thereby promised prompt and punctual payment of the indebtedness due under the Note. A true and correct copy of said Note is attached hereto, incorporated herein and labeled Exhibit "A". 4. By the Note, Defendant, promised to pay Plaintiff the principal sum of $250,000.00 together with interest thereon in the manner provided by the Note. 5. There has been no assignment of the Note. 6. Judgment has not been entered on the Note in any jurisdiction against the Defendant. 7. The judgment by confession sought by PNCB in this Complaint is not being entered against a natural person in connection with a consumer credit transaction. 8. By Warrant of Attorney contained in the Note, Defendant authorized entry of judgment by confession. 9. Pursuant to the Warrant of Attorney executed by Defendant, Defendant waived the benefit of all laws exempting real or personal property from execution. 10. Pursuant to the Warrant of Attorney contained in the Note, judgment may now be entered against Defendant as payment was not made when due creating an event of default under the Note and, accelerating all amounts due. The Warrant of Attorney also allows judgment to be entered as of any term. 11. Under the Note, the following amounts are now due by Defendant to PNCB: Principal Debt $ 178,548.02 Interest through June 17, 2009 5,695.13 Late charge 2,886.30 Attorney's Commission 1,842.31 Total 12. Under the terms of the Note, Defendant is liable to PNCB for attorney's commission of ten percent for collection. WHEREFORE, Plaintiff, PNCB, demands that a judgment be entered against Defendant as authorized in the Warrant of Attorney contained in the Note, in the sum of $188,971.76, together with interest and costs of suit. TUCKER ARENSBERG, P.C. By Donna M. Donaher, Esquire 1500 One PPG Place Pittsburgh, PA 15222 (412) 566-1212 -2- ( aye _ c"i . ) PROMISSORY NOTE References in the shaded area are for Lender's use only and do not limit the applicability of this document to any particular loan or item. Any item above containing -- has been omitted due to text length limitations. Borrower: Precise Goosystems, Inc. 485 Racetrack Road Abbonstown, PA 17301 Lender: Bank of Hanover and Trust Company Downtown Gettysburg Office 6 York Street Gettysburg, PA 17325 Z 2cu Principal Amount: $250,000.00 Interest Rate: 7.500% mate of Note: Lk CJL!l PROMISE TO PAY. Precise Geosystems, Inc. ("Borrower") promises to pay to Bank of Hanover and Trust Company ('Le der"), or order, In lawful money of the United States of America, the principal amount of Two Hundred Fifty Thousand & 001100 Dollars (5250,000.00), together with interest at the rate of 7.500% per annum on the unpaid principal balance from ti 44 2 Zec until paid in full. PAYMENT. Borrower wilt pay this loan In accordance with the following payment schedu e. Borrower shag pay interest only for 3 months, to be due and payable on the Z day of each month beginning u.V%A- Z L, to _. Thereafter, in 81 consecutive monthly Installments, with the Initial 57 installments In the amount of $3,848.44 Including nrirm*W and interest, to be due and payable on the Z_ day of each month, beginning SrPftw. k+t? 2 2-k-through and Including IA" Z Zot l ; thereafter, the monthly Installments may be recalculated based on tl a remaining term of the loan and the tniero it rat in effect at that time. Payments may be recalculated annually to reffeet changes in the rate as they occurred throughout the prior year. The final payment of principal plus Interest, if any, shall be due and payable on &t 2-t 2a t 3 Interest shall be calculated at the initial rate of 7.50% for the first S years; thereafter, the rate shall be adjusted from time to time by Bank by notice to Borrower to correspond with a rate of Interest 1.00 percentage points above the Wall Street Journal Rate of Interest. VARIABLE INTEREST RATE. The Interest rate on this Note is subject to change from time to time based on changes in an independent index which Is the Prim Rate as published from time to time in the 'Money Rates" section of the wail Street Journal (the "4ndex°). The Index is not necessarily the lowest rate charged by the Lender on Its loans. N the Index becomes unavailable during the term of this loan, Lender may designate a substitute Index after notice to Borrower. Lender will tell Borrower the current Index rate upon Borrower's request The interest rate change will not occur more often than each change in the Prime Rate published In the "Money Rates" section of the Well Stream Journal. Borrower understands that Leader may make bans based on other rates as well. The Index Is currently 7.75% per annum. NOTICE tinder no circumstances will the interest rate on this Note be more than the maximum rate allowed by applicable law. Whenever increases occur in the Interest rate, Lender, at its option, may do one or more of the following: (a) increase the Borrower's payments to ensure Borrower's loan will pay off by its original final maturity, (b) increase the Borrower's payments to cover accruing Interest, (c) increase the number of Borrower's payments, and (d) continue Borrower's payments at the same amount and Increase Borrower's final payment. Unless othetvise agreed or required by applicable law, payments will be applied first to any accrued unpaid interest; then to principal; then to any late charges; and then to any unpaid collection costs. The annual interest rate for this Note Is computed on a 365/360 basis; that is, by applying the ratio of the annual Interest rate over a year of 360 days, multiplied by the outstanding principal balance, multiplied by the actual number of days the principal balance is outstanding. Borrower will pay Lender at Lender's address shown above or at such other place as Lender may designate In writing. PREPAYMENT PENALTY. Upon prepayment of this Note, Lender is entitled to the following prepayment penalty: There shall be paid as consideration for the privilege of making a prepayment, a prepayment charge of five percent (5.00%) N prepaid during the first loan year, said prepayment charge to decline 1% each loan year thereafter. The prepayment charge shall be based on the entire amount prepaid. Any prepayment shall be defined as any payment made ahead of schedule that exceeds twenty percent (20%N In the aggregate, of the then outstanding belance, during any one twelve (12) month calendar period. In circumstances where the entire loan balance Is being paid off, the 20% annul permitted prepayment shall not apply unless the prepayment was made six months prior to the payoff date. Except for the foregoing, Borrower may pay all or a portion of the amount owed earlier than it is due. Earty payments will not, unless agreed to by Lander in writing, relieve Borrower of Borrower's obligation to continue to make payments under the payment schedule. Refiner, early payments will reduce the principal balance due and may result in Borrower's making fewer paymanis. Borrower agrees not to send Lender payments marked "paid in full", "without recourse", or similar language. It Borrower sands such a payment, Lender may accept It without losing any of Lenders rights under this Note, and Borrower will remain obligated to pay any further amount owed to lender. AN written communications concerning crWr ell amounts, inducting any check or other payment instrument that indicates that the payment constitutes "payment In full" of the amount owed or Neat is tendered with other conditions or limitations or as full satisfaction of a disputed amount must be mailed or delivered to: Bank of Hanover and Trust Company, Downtown Gettysburg Office, 6 York Street. Gettysburg, PA 17325. LATE CHARGE. If a payment is 10 days or more late, Borrower will be charged 5.000% of the unpaid portion of the regularly scheduled payment or $250.M whichever is less. INTEREST AFTER DEFAULT. Upon default, including failure to pay upon final maturity, Lender, at its option, may, it pemaned under applicable law, increase the interest rate on this Note 2.000 percentage points. The interest rate will not exceed the maximum rate permitted by applicable law. If judgment is entered in connection with this Note, interest will continue to accrue an this Note after judgment at the existing interest rate provided for in this Note. DEFAULT. Each of the following shall constitute an event of default ("Event of Default') under this Note: Payment Default Borrower fails to make any payment when due under this Note. Other Defaults. Borrower fails to comply with or to perform any other term, obligation, covenant or condition contained in this Note or in any of the related documents or to comply with or to perform any term, obligation, covenant or condition contained in any other agreement between Lender and Borrower. False Statements. Any warranty, representation or statement made or furnished to Lender by Borrower or on Borrower's behalf under this Note or the related documents is false or misleading in any material respect, either now or at the time made or fumished or becomes false or misloading at any time thereafter. Insolvency. The dissolution or termination of Borrower's existence as a EXHIBIT the appointment of a receiver for any part of Bortowees property, any assignment for the benefit of cue or the conxnencement of any proceeding under any bankruptcy or insolvency taws by or against Borrower. =age 2 If 3) PROMISSORY NOTE Loan No: 704-00-118041 (Continued) Page 2 Creditor or Forfeiture Proceedings. Commencement of foreclosure or forfeiture proceedings, whether by judicial proceeding, self-help, repossession or any other method, by any creditor of Borrower or by any governmental agency against any collateral securing the loan. This includes a garnishment of any of Borrower's accounts, including deposit accounts, with Lender. However, this Event of Default shall not apply if there is a good faith dispute by Borrower as to the validity or reasonableness of the claim which is the basis of the creditor or forfeiture proceeding and if Borrower gives Lender written notice of the creditor or forfeiture proceeding and deposits with Lender monies or a surety, bond for the creditor or forfeiture proceeding, in an amount determined by Lender, in its sole discretion, as being an adequate reserve or bond for the dispute. Events Affecting Guarantor. Any of the preceding events occurs with respect to any Guarantor of any of the indebtedness or any Guarantor dies or becomes incompetent, or revokes or disputes the validity of, or liability under, any guaranty of the indebtedness evidenced by this Note. In the event of a death, Lender, at its option, may, but shall not be required to, permit the Guarantor's estate to assume unconditionally the obligations arising under the guaranty in a manner satisfactory to Lender, and, in doing so, cure any Event of Default. Change In Ownership. Any change in ownership of twenty-five percent (250/6) or more Of the Common stock of Borrower. Adverse Change. A material adverse change occurs in Borrower's financial condition, or Lender believes the prospect of payment or performance of this Note is impaired. Insecurity. Lender in good faith believes itself insecure. Cure Provisions. If any default, other than a default in payment is curable and II Borrower has not been given a notice of a breach of the same provision of this Note within the preceding twelve (12) months, it may be cured t Borrower, after receiving written notice from mender demanding cure of such default (1) cures the default within fifteen (15) days; or (2) 9 the cure requires more than fifteen (15) days, immediately initiates steps which Lender deems in Lender's sole discretion to be sufficient to cure the default and thereafter continues and completes all reasonable and necessary steps sufficlent to produce trice as soon as reasonably practical. LENDER'S RIGHTS. Upon default, Lender may, after giving such noticas as required by applicable law, declare the entire unpaid principal balance on this Note and all accrued unpaid interest immediately due, and then Borrower will pay that amount. ATTORNEYS' FEES; EXPENSES. Lender may hire or pay someone also to help correct this Note II Borrower does not pay. Borrower will pay Lender that amount. This includes, subject to any limits under applicable law, Lender's attorneys' fees and Lenders legal expenses, whew or not there is a lawsuit, including attorneys' fees, expenses for bankruptcy proceedings (including efforts to modify or vacate any automatic stay or injunction), and appeals. If not prohibited by applicable law, Borrower also will pay any court costs, in addition to all other sums provided by law. GOVERNING LAW. This Note will be governed by federal law applicable to Lender and, to the extent not preempted by federal taw, the laws of the Commonwealth of Pennsylvania without regard to Its conflicts of law provisions. This Note has been accepted by Lender In the Commonwealth of Pennsylvania. CHOICE OF VENUE. If there is a lawsuit, Borrower agrees upon Lender's request to submit to the jurisdiction of the courts of Adams County, Commonwealth of Pennsylvania. DISHONORED ITEM FEE. Borrower will pay a fee to Lender of $25.00 if Borrower makes a payment on Borrower's loan and the check or preauth prized charge with which Borrower pays is later dishonored. RIGHT OF SETOFF. To the extent permitted by applicable law, Lender reserves a right of setoff in an Borrower's accounts with Lender (whether checking, savings, or some other account). This includes all accounts Borrower holds jointly with someone also and an accounts Borrower may open in the future. However, this does not include any IRA or Keogh accounts, or any tn1St alts for which setoff would be prohlbiled by law. Borrower authorizes Lender, to the extent permitted by applicable law, to charge or setoff an sums owing on the indebtedness against any and all such accounts, and, at Landers option, to administratively freeze all such accounts to allow Lender to protect Lender's charge and setOlf rights provided in this paragraph. COLLATERAL. Borrower acknowledges this Note is secured by the following collateral described in the security instruments rested herein: (A) an Open-End Mortgage to Lender an real property located In Adams County, Commonwealth of Pennsylvania. (B) a fife insurance policy described in an Assignment of Life Insurance Policy dated 5, Z - y t° (C) inventory, chattel paper, accounts, equipment, general intangibles, fixtures, standing timber and mineral, oil and gas described in a Corrawcial Security Agreement dated S -1 - o to FUTURE ADVANCES. Upon request of Borrower, Lender, at Lender's option prior to extinguishment of this Note, may make future advances to Borrower. At no time shall the principal amount of indebtedness, not including sums advanced in accordance herewith to protect the security of the Lander, exceed the original amount of this Note. ADDITIONAL PROVISIONS. The Bank reserves the right to sell a participation or other interest in this Note without notice to Borrower of such sale. SUCCESSOR INTERESTS. The terms of this Note shall be binding upon Borrower, and upon Borrower's heirs, personal representatives, successors and assigns, and shall inure to the banard of Lender and its successors and assigns. NOTIFY US OF INACCURATE INFORMATION WE REPORT TO CONSUMER REPORTING AGENCIES. Please notify us t we report any inaccurate information about your amount(s) to a consumer reporting agency. Your written notice describing the specific inaocuracy(ies) should be sent to us at the following address: Bank of Hanover and Trust Company, Downtown Gettysburg Office, 6 York Street, Gettysburg, PA 17325- GENERAL PROVISIONS. Lender may delay or forgo enforcing any of its rights or remedies under this Note without losing them. Borrower and any other person who signs, guarantees or endorses this Note, to the extent allowed by law, waive presentment, demand for payment, and notice of dishonor. Upon any change in the terms of this Note, and unless otherwise expressly stated in writing, no party who signs this Note, whether as maker, guarantor, accommodation maker or endorser, shall be released from I',abilfty. All such parties agree that lender may renew or extend (repeatedy and for any length of time) this loan or release any party or guarantor or collateral; or impair, tali to realize upon or perfect Lenders security interest in the collateral; and take any other actim deemed necessary by Lender without the consent of or notice to anyone. All such parties also agree that Lender may modify this khan without the consent of or notice to anyone other than the party with whom the modification Is made. The obligations tender this Note are joint and several. If any portion of this Note is for any reason determined to be unenforceable, it will not affect the enforceability of any other provisions of this Note. CONFESSION OF JUDGMENT. BORROWER HEREBY IRREVOCABLY AUTHORIZES AND EMPOWERS ANY ATTORNEY OR THE PROTHONOTARY OR CLERK OF ANY COURT IN THE COMMONWEALTH OF PENNSYLVANIA, OR ELSEWHERE, TO APPEAR AT ANY TIME FOR BORROWER AFTER A DEFAULT UNDER THIS NOTE AND WITH OR WITHOUT COMPLAINT FILED, CONFESS OR ENTER JUDGMENT AGAINST BORROWER FOR THE ENTIRE PRINCIPAL BALANCE OF THIS NOTE AND ALL ACCRUED INTEREST, LATE CHARGES AND ANY AND ALL AMOUNTS EXPENDED OR ADVANCED BY LENDER RELATING TO ANY COLLATERAL SECURING THIS NOTE, TOGETHER WITH COSTS OF SUIT, AND AN ATTORNEY'S COMMISSION OF TEN PERCENT (10%) OF THE UNPAID PRINCIPAL BALANCE AND ACCRUED INTEREST FOR COLLECTION, BUT IN ANY EVENT NOT LESS THAN FIVE HUNDRED DOLLARS ($500) ON WHICH JUDGMENT OR JUDGMENTS ONE OR MORE EXECUTIONS MAY ISSUE ]'age 'I of 3y -PROMISSORY NOTE Loan No: 704-00-11804 (Continued) Page 3 WtvtEDIATELY; AND FOR SO DOING, THIS NOTE OR A COPY OF THIS NOTE VERIFIED BY AFFIDAVIT SHALL BE SUFFICIENT WARRANT. THE AUTHORITY GRANTED IN THIS NOTE TO CONFESS JUDGMENT AGAINST BORROWER SHALL NOT BE EXHAUSTED BY ANY EXERCISE OF THAT AUTHORITY, BUT SHALL CONTINUE FROM TIME TO TIME AND AT ALL TIMES UNTIL PAYMENT IN FULL OF ALL AMOUNTS DUE UNDER THIS NOTE. BORROWER HEREBY WAIVES ANY RIGHT BORROWER MAY HAVE TO NOTICE OR TO A HEARING IN CONNECTION WITH ANY SUCH CONFESSION OF JUDGMENT AND STATES THAT EITHER A REPRESENTATIVE OF LENDER SPECIFICALLY CALLED THIS CONFESSION OF JUDGMENT PROVISION TO BORROWER'S ATTENTION OR BORROWER HAS BEEN REPRESENTED BY INDEPENDENT LEGAL COUNSEL. PRIOR TO SIGNING THIS NOTE, BORROWER READ AND UNDERSTOOD ALL THE PROVISIONS OF THIS NOTE. BORROWER AGREES TO THE TERMS OF THE NOTE. BORROWER ACKNOWLEDGES RECEIPT OF A COMPLETED COPY OF THIS PROMISSORY NOTE. THIS NOTE IS GIVEN UNDER SEAL AND If IS INTENDED THAT THIS NOTE IS AND SHALL CONSTITUTE AND HAVE THE EFFECT OF A SEALED INSTRUMENT ACCORDING TO LAW. BORROWER: PRECISE GEOSYSTEMS, INC. By:.- ?' (Seaij R. Rue[, Jr., President o Precise Geosystems, ITC. LENDER: BANK OF HANOVER AND TRUST COMPANY X - 4p, P-? A thorized Signer -- w4" 'wa l.ra.y, w. 6 Si.W ms' Ow. wrr wo.-ir srr-. I.a 1rr, moe u ate. w..w..n . ow L?AV.KiOmsc rnase OSi?T VERIFICATION The undersigned, Damella Ganaway, hereby verifies the statements of fact contained in the attached Complaint in Confession of Judgment to be true and correct according to her personal knowledge, information and belief, and further pledges that this verification is made subject to the penalties of 18 Pa. C.S.A. §4904 relating to unsworn falsification to authorities. Date: By: rnella a r Atto ey Relations Manager ACT 105 OF 2000 NOTICE A JUDGMENT HAS BEEN ENTERED AGAINST YOU BY CONFESSION OF JUDGMENT. PURSUANT TO 42 PA. C.S.A. §2737.1, IF YOU WERE INCORRECTLY IDENTIFIED AS A DEFENDANT IN THE COMPLAINT IN CONFESSION OF JUDGMENT, YOU MAY BE ENTITLED TO COSTS AND REASONABLE ATTORNEY FEES AS DETERMINED BY THE COURT. YOU MAY TAKE ACTION TO STRIKE THE JUDGMENT BY FOLLOWING THE PROCEDURE IN RULE 2959 WHICH IS AS FOLLOWS: PENNSYLVANIA RULE OF CIVIL PROCEDURE 2959 - STRIKING OFF JUDGMENT. (a) (1) Relief From a judgment by confession shall be sought by petition. Except as provided in subparagraph (2), all grounds for relief whether to strike off the judgment or to open it must be asserted in a single petition. The petition may be filed in the county in which the judgment was originally entered, in any county to which the judgment has been transferred or in any other county in which the sheriff has received a writ of execution directed to the sheriff to enforce the judgment. (2) The ground that the waiver of the due process rights of notice and hearing was not voluntary, intelligent and knowing shall be raised only (i) in support of a further request for a stay of execution where the court has stayed execution despite the timely filing of a petition for relief from the judgment and the presentation of prima facie evidence of a defense; and (ii) as provided by Pennsylvania Rule of Civil Procedure 2958.3 or Rule 2973.3. (3) If written notice is served upon the petitioner pursuant to Rule 2956.1(c)(2) or Rule 2973.1(c), the petition shall be filed within thirty days after such service. Unless the defendant can demonstrate that there were compelling reasons for the delay, a petition not timely filed shall be denied. (b) If the petition states prima facie grounds for relief the court shall issue a rule to show cause and may grant a stay of proceedings. After being served with a copy of the petition the plaintiff shall file an answer on or before the return day of the rule. The return day of the rule shall be fixed by the court by local rule or special order. (c) A party waives all defenses and objections which are not included in the petition or answer. (d) The petition and the rule to show cause and the answer shall be served as provided in Rule 440 (see text of Rule 440 reprinted below). (e) The court shall dispose of the rule on petition and answer, and on any testimony, depositions, admissions and other evidence. The court for cause shown may stay proceedings on the petition insofar as it seeks to open the judgment pending disposition of the application to strike off the judgment. If evidence is produced which a jury trial would require the issues to be submitted to the jury the court shall open the judgment. (f) The lien of the judgment or of any levy or attachment shall be preserved while the proceedings to strike off or open the judgment is pending. Rule 440. Service of Legal Papers other than Original Process (a) (1) Copies of all legal papers other than original process filed in an action or served upon any party to an action shall be served upon every other party to the action. Service shall be made (i) by handing or mailing a copy to or leaving a copy for each party at the address of the party's attorney of record endorsed on an appearance or prior pleading of the party, or at such other address as a party may agree, or Note: Such other address as a party may agree might include a mailbox in the Prothonotary's office or an e-mail address. For electronic service by means other than facsimile transmission, see Rule 205.4(g). (ii) by transmitting a copy by facsimile to the party's attorney of record as provided by subdivision (d). (2) (i) If there is no attorney of record, service shall be made by handing a copy to the party or by mailing a copy to or leaving a copy for the party at the address endorsed on an appearance or prior pleading or the residence or place of business of the party, or by transmitting a copy by facsimile as provided by subdivision (d). (ii) If such service cannot be made, service shall be made by leaving a copy at or mailing a copy to the last known address of the party to be served. Note: This rule applies to the service upon a party of all legal papers other than original process and includes, but is not limited to, all other pleadings as well as motions, petitions, answers thereto, rules, notices, interrogatories and answers thereto. Original process is served under Rule 400 et seq. (b) Service by mail of legal papers other than original process is complete upon mailing. (c) If service of legal papers other than original process is to be made by the sheriff, he shall notify by ordinary mail the party requesting service to be made that service has or has not been made upon a named party or person. OF'PHE ? . , > 20,39 ?jfi J P i :: 3 ! V Iv, U? .5o Po ATN CC* BOW E8 K*aagl,grl Mo-h ex, ktaA W IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PNC BANK, NATIONAL ASSOCIATION ) Plaintiff ) No. vs. ) PRECISE GEOSYSTEMS, INC. ) Defendant. CERTIFICATE OF RESIDENCE I hereby certify that the precise address of Plaintiff is: Fifth Avenue and Wood Street Pittsburgh, Pennsylvania 15222 and that the last known address of Defendants is: 1781 R. Main Street Mechanicsburg, PA 17055 By ?. Donna M. Donaher, Esquire Attorney for PNC Bank, National Association FILED--t:,;f-FICE ,. Q? THE ?I, TARy 2009 JUL 31 PM 3: 13 fR - 5-2A,S &VaTeo AFFIDAVIT The undersigned hereby certifies that the judgment to be entered in this action is not being entered against a natural person in connection with a consumer credit transaction. To the contrary, the underlying transaction is a commercial transaction. Donna M. Donaher, Esquire Attorney for PNC Bank, National Association Sworn to and s ribed bef t is day o . 2009. J COMMONWEALTH OF PENNSYLVANIA blic Notarial Beef Kelly J. Mizak. Notary Public City of Pittsburgh, Allegheny County My Commission Expires May 23, 2013 Member, Pennsylvania Assodatbn of Notaries BANK FIN:356349-1 000011-141413 2069 ,..!L 31 p i 3 I I 1 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PNC BANK, NATIONAL ASSOCIATION, Plaintiff, CIVIL DIVISION NO. 09 - 531foS vs. PRECISE GEOSYSTEMS, INC., Defendant. AFFIDAVIT l.?i? ? < Tera+ I, Darnella Ganaway, Attorney Relations Manager, PNC Bank, National Association, hereby certify that the facts set forth in the foregoing Complaint in Confession of Judgment are true and correct to the best of my knowledge, information and belief; that the Exhibits attached to the Complaint in Confession of Judgment are true and correct copies of the originals; and that the Borrower is in default under the Notes (as those are defined in the Complaint); that the underlying transactions giving rise to this action are commercial in nature and are not consumer credit transactions against a natural person; and that I am authorized to make this Affidavit. PN By: Sworn to and subscribed before me this day of L 2009. Notary Public My commission expires: BAN K_FIN:356628-1 000011-141413 COMMONWEALTH OF PENNSYLVANIA Notsdal Seal Gwendolyn Robison, Notary Public Carneoe Soro, A ftheny county My Commbsaon E!Itn Nov. 9, 2011 Member, Pennsylvania Assoclation of Notatles FiLE, .,; E 1 ? V i.. OF THE F sf' ' 2009 SulL 31 Pr", 3: 13 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PNC BANK, NATIONAL ASSOCIATION Plaintiff vs. No. 09 -5-%6 C?V c l Ter m PRECISE GEOSYSTEMS, INC. Defendant. TO: Precise Geosystems, Inc. 1781 R. Main Street Mechanicsburg, PA 17055 NOTICE OF ENTRY OF JUDGMENT Please take notice that on ulu 3 2009, a Judgment by Confession of Judgment, was entered against you in the court and at docket term and number set forth above. The amount of the Judgment is $188.971.76, plus costs. s L4a- l) • cmq D thonotary, Cumberland ounty