HomeMy WebLinkAbout09-5366IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
PNC BANK, NATIONAL ASSOCIATION )
Plaintiff )
vs. )
PRECISE GEOSYSTEMS, INC. )
Defendant.
No. Cq --r-ZW Ccvi( Tech
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 $49,707.37
Interest through June 17, 2009 445.99
Late charge 35.22
Attorney's Commission through 5,015.36
Total $55,203.94
ByN`?`? "per
Donna M. Donaher, Esquire
Attorney for PNC Bank, National Association
F LEL'-01- ICE
OF THE P7, K', ; 'nl, C;ARY
2099 .JUL 3 1 Pill 3: 11 4
. r
THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
PNC BANK, NATIONAL ASSOCIATION, CIVIL DIVISION
Plaintiff, NO. CA - 5S&(v C-tv ?l Term
vs.
COMPLAINT IN CONFESSION OF
JUDGMENT
PRECISE GEOSYSTEMS, INC.
Defendant.
Code:
Counsel of Record for This Party:
Donna M. Donaher, Esquire
Pa. I.D. #53165
TUCKER ARENSBERG, P.C.
Firm #287
1500 One PPG Place
Pittsburgh, PA 15222
(412) 566-1212
r
t
` 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 $50,000.00
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 $ 49,707.37
Interest through June 17, 2009 445.99
Late charge
35.22
Attorney's Commission 5,015.36
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 $55,203.94, 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-
4?
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.
Anv item above containing ""'" has been omitted due to text length limitations.
Borrower: Precise Geosystems, Inc. Lender: Bank of Hanover and Trust Company
465 Racetrack Road Downtown Gettysburg Office
Abbottstown, PA 17301 6 York Street
Gettysburg, PA 17325
Principal Amount: $50,000.00 Initial Rate: 8.750% Data of Dote: ? Z Zoc to
PROMISE TO PAY. Precise Geosystems, Inc. ("Borrower") promises to pay to Bank of Hanover and Trust Company ('Lender"), or order, In
lawful money of the United States of America, on demand, the principal amount of Fifty Thousand & 001100 Dollars ($50,000.00) or so much as
may be outstanding, together with interest on the unpaid outstanding principal balance of each advance. Interest shag be calculated from the
date of each advance until repayment of each advance.
PAYMENT. Borrower will pay this loan in full immediately upon Lender's demand. Borrower will pay regular monthly payments of all accrued
unpaid Interest due as of each payment date, beginning June Z 2006, with all subsequent Interest payments to be duo on the same day of
each month after that Unless otherwise agreed or required by applicable law, payments will be applied first to any accred unpaid Interest;
then to principal; than to any late charges; and then to any unpaid collet:tion costs. The annual interest rate for this Note is computed on a
3651360 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 Lenders address shown above or at
such other place as Lender may designate in writing.
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 Prime Rate as published from time to time in the "Money Rates' section of the Walt Street Journal (the "index"). The index is not necessarily the
lowest rate charged by Lender on its loans. It the Index becomes w avallable 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 wig not occur more often
than each day with changes in the Prime Rate published in the 'Money Rates' section of the Wall Street Journal. Borrower understands that Lender
may make loans based on other rates as well. The Index currently is 7.750% per annum. The interest rate to be applied to the urchpafd principal
balance of this Note will be at a rate of 1.000 percentage point over the Index, resulting In an Initial rate of 8.750% per annum. NOTICE: Under
no circumstances will the interest rate on this Note be more than the maximum rate allowed by applicable law.
PREPAYMENT. Borrower may pay without penalty an or a portion of the amount owed earlier than it Is due. Early payments will not, unless agreed to
by Lender in writing, relieve Borrower of Borrower's obligation to contirm to make payments of accrued unpaid interest. Rather, early payments will
reduce the principal balance due. Borrower agrees not to send lender payments marked "paid in full", 'without recourse". or similar language. If
Borrower sands such a payment, Lender may accept it without losing any of Lender's rights under this Note, and Borrower will remain obligated to pay
any further amount owed to Lender. All written communications comeming disputed amounts, including any check or after payment instttanent that
indicates that the payment constitutes 'payment in fug" of the amount owed or that is tendered with other conditions or limitations or as full satisfaction
of a disputed amount must be mailed or delivered to: Hank of Hanover and Trust Company, Downtown Gettysburg Office, 6 York Street, Gettysburg,
PA 17325.
LATE CHARGE. If a regularly scheduled interest payment is 10 days or more late. Borrower will be charged 5.000% of the unpaid portion of the
regularly scheduled payment or $250.00, whichever is less. If Lender demands payment of this loan, and Borrower does not pay the loan in full
within 10 days after Lender's demand, Borrower also will be charged either 5.00111/6 of the unpaid portion of the sum of the unpaid principal
plus accrued unpaid Interest or SM.00, whichever Is less.
INTEREST AFTER DEFAULT. Upon default, including failure to pay upon final maturity, Lender, at its option, may, 0 permitted under applicable law,
increase the variable interest rate on this Note to 3.000 percentage points over the Index. 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 on this Note after judgment at the interest rate
applicable to this Note at the torte judgment is entered.
DEFAULT. Each of the following shall constitute an event of default ('Event of Dalatdt") under this Note:
Payment Default. Borrower fans to make any payment when due under this Note.
Other Defaults. Borrower fags 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 oomply with or to perform any term, obligation. covenerd or condition contained in any other agreement between
Lender and Borrower.
False Statements. Any warranty, representation or statement made or fuir*shed 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 misleading
at any time thereafter.
Insolvency. The dissolution or termination of Borrower's existence as a going business, the insolvency of Borrower. the appointment of a receiver
for any part of Borrower's property, any assignment for the benefit of creditors, any type of creditor workout, or the commencement of any
proceeding under any bankruptcy or Insolvency laws by or against Borrower.
Creditor or Forfeiture Proceedings. Commencement of foreclosure or forfetture 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, wilt Lender. However, this Event of !)alert shall not apply H
there is a good faint dispute by Borrower as to the validity or reasonableness of the claim which is the basis of the creditor or forfeiture proceeding
and it Borrower gives Lender written notice of the creditor or forfeiture proceeding and deposits with Lander 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 common stock of Borrower.
Adverse Change. A material adverse change EXHIBIT or Lender believes the prospect of payment or
performance of this Note is impaired.
PROMISSORY NOTE
Loan Net: 704-00-11805 (Continued) Pa ge
Insecurity. Lender in good faith believes itself insecure.
Cure Provisions. If any default, other than a default in payment is curable and K 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 if Borrower, after receiving written notice from Lender demanding
cure of such default: (1) cures the default within fifteen (15) days; or (2) if the cure requires more than fifteen (IS) days, immediately initiates
steps which Lender deems in Lender's sole discretion to be sufficient to cure the default and thereafter continues and completes al reasonable
and necessary steps sufficient to produce compliance as soon as reasonably practical.
LENDER'S RIGHTS. Upon Lender's demand, Lender may, after giving such notices 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 else to help collect this Note if Borrower does not pay. Borrower will pay Lender
that amount. This includes, subject to any limits under applicable law, Lender's attorneys' fees and Lender's legal expenses, whether or not there is a
lawsuit. kx*x V 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 taw applicable to Lender and, to the extent not preempted by federal law, the laws of
the Cotrsnonwealth 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
preauCwrized 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 all Borrower's accounts with Lender (whether
checi tg, savings, or some other account). This includes all accounts Borrower holds jointly with someone also and all accounts Borrower may open in
the future. However, this does not include any IRA or Keogh accounts, or any trust accounts for which setoff would be prohibited by law. Borrower
authorizes Lender, to the extent permitted by applicable law, to charge or setoff all sums owing on the indebtedness against any and an such accounts,
and, at gender's option, to administratively freeze an such accounts to allow Lender to protect Lender's charge and setoff rights provided in this
paragraph.
COLLATERAL Borrower acknowledges this Note is secured by the following collateral described in the security instruments listed herein:
(A) an Open-End Mortgage to Lender on real property located in Adams County, Commonwealth of Pennsylvania
(B) a Ida insurance policy described in an Assignment of Life Insurance Policy dated -5- - 2 - lw?-Ic°
(C) inventory, chattel paper, accounts, equipment, general intangibles, fixtures, standing timber and mineral, oil and gas described in a
Commercial Security Agreement dated 5 -2 - -c-
LINE OF CREDIT. This Note evidences a revolving tine of credit. Advances under this Note may be requested orally by Borrower or as provided in
this paragraph. Lender may, but need not, require that al oral requests be confirmed in writing. All communications, instructions, or directions by
telephone or otherwise to Lender are to be directed to Lender's office shown above. Borrower agrees to be liable for all sums either: (A) advanced in
accordance with the instructions of an authorized person or (B) credited to any of Borrowers accounts with Lender. The unpaid principal balance
owing on this Note at any time may be evidenced by endorsements on this Note or by Landers internal records, including daily computer print-outs.
Lencler win have no obligation to advance funds under this Note if: (A) Borrower or any guarantor is in default under the terms of this Note or any
agreement that Borrower or any guarantor has with Lender, including any agreement made in connection with the signing of this Note: (B) Borrower or
any guarantor ceases doing business or Is insolvent* (C) any guarantor seeks, claims or otherwise attempts to limit, modify or revoke such guarantors
guaranies of this Note or any otter khan with lender; (D) Borrower has applied funds provided pursuant to this Note for purposes other than those
authorized by Lender; or (E) Lender in good faith believes itself insecure.
FUTURE ADVANCES. Upon request of Borrower, Lender, at Lenders option prior to extinguishment of this Note, may make future advances to
Borrower. At no time shag the principal amount of indebtedness, not including sums advanced in accordance herewith to protect the security of the
Lender, exceed the original amount of Iris Note.
ADDITIONAL PROVISIONS. The Bank reserves rte 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 shat be binding upon Borrower, and upon Borrowers heirs, personal representatives, successors
and assigns, and shall inure to the benefit of Lender and its successors and assigns.
NOTIFY US OF INACCURATE INFORMATION WE REPORT TO CONSUMER REPORTING AGENCIES. Please notify us 0 we report any inaccurate
information about your account(s) to a consumer reporting agency. Your wrdien notice describing the specific inaecuracy(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 runts 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 Rabic ty. AN such parties agree that Lender may renew or extend (repeatedly and
for any length of time) this loan or release any party or guarantor or collateral; or impair, fag to realize upon or perfect Lender's security interest in the
colial"; and take any other action deemed necessary by Lender without the consent of or notice to anyone. All such parties also agree that Lender
may nvx fy this khan without tie consent of or notice to anyone other than the party with whom the modification is made. The obligations under 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
IMMEDIATELY: 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
PROMISSORY NOTE
Loan No: 704-06-11805 (Continued) Page 3
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, INCLUDING THE VARiABLE
INTEREST RATE PROVISIONS. 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 IT 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: -? (Seal)
P R. Ruel, Jr., President of Precise Geosystems,
c.
LENDER:
BANK OF HANOVER AND TRUST COMPANY
X ?
AtAhorized Signer
IASM MO Lw". %*. 6OMM CIa. H&UM Fm Wl WKn. Le. 1W. m U R" P-ad - ?A U4fD1P "-M TA-0 l P%S
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.
VERIFICATION
The undersigned, Darnella 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 unswom falsification to authorities.
Date: 1 9'I
Attorney Relations Manager
i 1? J 1
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
PNC BANK, NATIONAL ASSOCIATION )
Plaintiff )
vs. )
PRECISE GEOSYSTEMS, INC. )
Defendant.
No. CQ--S ( OnvitTem
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
OF TH
I %;
Z?? 29JP9 is 3: 14
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
PNC BANK, NATIONAL ASSOCIATION,
Plaintiff,
CIVIL DIVISION
NO. Dq -SS" 0'-,""Crervii
vs.
PRECISE GEOSYSTEMS, INC.,
Defendant.
AFFIDAVIT
I, Darnella Ganaway, Attorney Relations Manager, PNC Bank, National Association,
hereby certify that the facts set forth in the foregoing Complaint in Confession of Judgment are
true and correct to the best of my knowledge, information and belief; that the Exhibits attached
to the Complaint in Confession of Judgment are true and correct copies of the originals; and that
the Borrower is in default under the Notes (as those are defined in the Complaint); that the
underlying transactions giving rise to this action are commercial in nature and are not consumer
credit transactions against a natural person; and that I am authorized to make this Affidavit.
PNC Bank, ati
By:
ella
Attorn
Association
Relations Manager
Sworn to and sub cribed
before me this
day of L 2009.
OWW?,423--? WIV??
otary Public
My commission expires://'
BANK_FIN:356632-1 000011-141414
COMMONWEALTH OF PENNSYLVANIA
Notarial Seal
Gwendolyn Robison, Notary Public
orgi Eqhu Nov. County
My C 11
20
Member, Pennsylvania Assoclation of Notafles
FtrR
OF THE F`- ??,1RY
uU. "3 1 lei`; ;;: { ''v
(q- 52&& Civil I&M
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 raulb c ibed
be re this day
0 , 2009.
BANK FIN:356345-1 0000
FiL r
{
ARY
20 g JbL 31 Pi-.I 3.
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
PNC BANK, NATIONAL ASSOCIATION
Plaintiff
vs.
No. OR - 5-2 vlo 0'-W'A -rerM
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 ?J u 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 $55,203.94, plus costs.
I. S1 R. ICKq DU
r thonotary, Cumberlan ounty