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HomeMy WebLinkAbout10-0893UNRUH, TURNER, BURKE & FREES, P.C. BY: JOHN K. FIORILLO, ESQUIRE ATTORNEY I.D. No. 55658 BY: NANCY J. GLIDDEN, ESQUIRE ATTORNEY I.D. No. 78961 P.O. Box 515 WEST CHESTER, PA 19381-0515 610-692-1371 PNC BANK, NATIONAL ASSOCIATION 1600 Market Street Philadelphia, PA 19103 Plaintiff vs. PUNJABI MANAGEMENT CORPORATION 1025 Biglerville Road Gettysburg, PA 17325 Defendant : ATTORNEYS FOR PLAINTIFF : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW No. 10 - Sq4 ;yi F jerk% TO: PUNJABI MANAGEMENT CORPORATION 1025 Biglerville Road Gettysburg, PA 17325 NOTICE Pursuant to Rule 236 of the Supreme Court of Pennsylvania, you are hereby notified that a JUDGMENT BY CONFESSION has been entered against you in the above-captioned proceeding and that enclosed herewith is a copy of all the (records) documents filed in support of the said judgment. IF YOU HAVE ANY QUESTIONS CONCERNING THIS NOTICE, PLEASE CALL: ATTORNEY Nancy J. Glidden, Esquire at telephone number: (610) 692-1371. DAVID D. BUELL, PROTHONOTARY CUMBERLAND COUNTY, PENNSYLVANIA Dated:b 3 , 2010 UNRUH, TURNER, BURKE & FREES, P.C. BY: JOHN K. FIORILLO, ESQUIRE ATTORNEY I.D. No. 55658 BY: NANCY J. GLIDDEN, ESQUIRE ATTORNEY I.D. NO. 78961 P.O. Box 515 WEST CHESTER, PA 19381-0515 610-692-1371 PNC BANK, NATIONAL ASSOCIATION 1600 Market Street Philadelphia, PA 19103 Plaintiff ATTORNEYS FOR PLAINTIFF ?a d r CIO ?V O? : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW VS. No. In - 893 Civi f T?etw PUNJABI MANAGEMENT CORPORATION 1025 Biglerville Road Gettysburg, PA 17325 Defendant ENTRY OF APPEARANCE, CONFESSION OF JUDGMENT AND PRAECIPE FOR ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Pursuant to the authority contained in the Warrant of Attorney, a true and correct copy of which is attached to the Complaint filed in this action, I appear for the Defendant, confess judgment in favor of the Plaintiff and against the Defendant as follows: Principal $ 9,769.14 Interest as of 12/11/09 $ 67.16 Attorney's Commission (10%) $ 983.63 TOTAL $10,819.93 Interest continues to accrue from December 11, 2009, at a per diem rate of $1.49. UNRUH, TURNER, B RKE & FREES, P.C. Date: By: -il;7116 John K. iorillo, Esquire Nancy . Glidden, Esquire Attorneys for Defendants C& 317A49 P,T* a37184 No-five, W I ed UNRUH, TURNER, BURKE & FREES, P.C. BY: JOHN K. FIORILLO, ESQUIRE ATTORNEY I.D. NO. 55658 BY: NANCY J. GLIDDEN, ESQUIRE ATTORNEY I.D. No. 78961 P.O. Box 515 WEST CHESTER, PA 19381-0515 610-692-1371 PNC BANK, NATIONAL ASSOCIATION 1600 Market Street Philadelphia, PA 19103 Plaintiff VS. : ATTORNEYS FOR PLAINTIFF : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW No. PUNJABI MANAGEMENT CORPORATION 1025 Biglerville Road Gettysburg, PA 17325 Defendant COMPLAINT CONFESSION OF JUDGMENT UNDER PA.R.C.P. 2951 1. Plaintiff, PNC Bank, N.A. (the "Bank") is a banking institution, whose address is 1600 Market Street, Philadelphia, PA 19103. 2. Defendant, Punjabi Management Corporation is a Pennsylvania Corporation with an address of 1025 Biglerville Road, Gettysburg, PA 17325. 3. On or about August 27, 2007, in consideration of monies lent, Punjabi Management Corporation (the "Borrower") executed and delivered to the Bank a term note in the original principal sum of $10,000.00 (the "Note"). A true and correct copy of the Note is attached hereto and made a part hereof as Exhibit "A". 4. Judgment has not been previously entered in any jurisdiction against the Borrower under the Note. 5. This transaction did not arise from nor is judgment being entered in connection with a consumer credit transaction or residential lease against a natural person. 6. The Note has not been assigned and the Bank is still the holder thereof. 7. Borrower has defaulted on its obligations to the Bank under the Note by virtue of among other things, failing to make payment as and when due. 8. As a result of said defaults, Borrower is in default and the following amounts are immediately due and payable under and in connection with said Note as of December 11, 2009: Principal $ 9,769.14 Interest as of 12/11/09 $ 67.16 Attorney's Commission (10%) $ 983.63 TOTAL $10,819.93 Interest continues to accrue from December 11, 2009, at a per diem rate of $1.49. WHEREFORE, Plaintiff PNC Bank, N.A., respectfully requests judgment in its favor and against Defendant, Punjabi Management Corporation in the amount of $10,819.93 plus interest from December 11, 2009 at the per diem rate of $1.49 and all costs and expenses. UNRUH, TURNER, BURKE & FREES, P.C. . 4&a Date: T //O By: John K. F rillo, Esquire Nancy J. Glidden, Esquire Attorneys for Plaintiff, PNC Bank, N.A. P.O. Box 515 West Chester, PA 19381-0515 Attorney I.D. No. 55658/78961 (610) 692-1371 -2- EXHIBIT "A" (Page 1 of 3) PROMISSORY NOTE References in the boxes above 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: PUNJABI MANAGEMENT CORP (TIN: Lender: PNC Sank, National Association 20-38242221 Business Banking 1025 BIGI ERVILLE ROAD 4242 Carlisle Pike GETTYSBURG, PA 17325 Camp HiN, PA 17001 Principal Amount: $10,000.00 Initial Rate: 10.500% Date of Note: August 27, 2007 PROMISE TO PAY. PUNJABI MANAGEMENT CORP ('Borrower') pranises to pay to PNC Bank, National Association ('Lender"), or order, In lawful money of the United States of America, the principal amount of Ten Thousand & 00/100 Odom 1610,000.001 or so much as may be outstanding, together wlth Interest on the unpaid outstanding principal belsnee of each advance. Interest shall be calculated from the date of each advance undl repayment of each advance. PAYMENT. Borrower will pay this ban in accordance with the following payment schedule: Borrower will pay regular monthly paytnsr?ts of accrued interest beginning September 27, 2007, and all subsequent interest payments are dire on the am* day of each month after that. Borrower will pay this ban In one payment of oil oubtaadkq prkwW -plus all accrued unpaid Interest on the Expiration Date. Borrower may borrow. repay and raborrow hereunder and the Expiration Data, subject to the sera and conditions of this Note. The 'Expiration Date' shell mean August 27, 2008, or such alter date as may be desiprated by written nodoe from Lender to Borrower. Borrower sel miwkdges and -grass that In no evert will Lerner be under any oblgalbn to extend or renew the ban or this Note beyond the b*W Expiration Date. In no event shall to aggregate unpaid principal amount of advances under this Note exceed the face amount of this Note. Unless otherwise agreed or required by applicable law, payments will be applied first to any accrued unpaid interest; then to principal; then to any unpaid collection costs; and then to any late charges. The annual interest rate for this Note is computed on a 385/380 basis; that is, by applying the ratio of the annual interest rate over a year of 380 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. 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 highest Prime Rate as published in the "Money Rates' section of The Wall Street Journal (the "Index'). The Index is not necessarily the lowest rate charged by Lender on its loans. If the Index becomes unavailable during the term of this loan, Lender may designate a substitute index after notifying Borrower. Lender will tell Borrower the current Index rate upon Borrower's request. The interest rate change will not occur more often then each day. Borrower understands that Lender may make bans based on other rates as well. The Index currently is 8.250% per annum. The interest rate to be applied to the unpaid principal balance during this Note will be at a rate of 2.250 percentage points over the index, resulting in an initial rate of 10.500% 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 all 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 continue 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 sends 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 concerning disputed amounts, including any check or other payment instrument that indicates that the payment constitutes 'payment in full' 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: PNC Bank, National Association, Attn: Doc Prep/Operations Department - BBCAC, 8800 Tinicum Boulevard 5th Floor Philadelphia, PA 19153. LATE CHARGE. If a payment is 15 days or more late, Borrower will be charged 5.000% of the regularly scheduled payment or $100.00, vrluiehever is less. INTEREST AFTER DEFAULT. Upon default, including failure to pay upon final maturity, the interest rate on this Note shall be increased by adding a 5.000 percentage point margin ('Default Rate Margin'). The Default Rate Margin shall also apply to each succeeding interest rate change that would have applied had there been no default. If judgment is entered in connection with this Note, interest will continue to accrue after the date of judgment at the rate in effect at the time judgment is entered. However, in no event will the interest rate exceed the maximum interest rate limitations under applicable law. DEFAULT. Each of the following shall constitute an event of default ('Event of Default"I under this Note: Payment Default. Borrower fails to make any payment when due. Other Defaults. Borrower or Grantor 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. Default in Favor of Third Parties. Borrower or any Grantor defaults under any loan, extension of credit, security agreement, purchase or sales agreement, or any other agreement, in favor of any other creditor or person that may materially affect any of Borrower's property or Borrower's ability to repay this Note or perform Borrower's obligations under this Note or any of the related documents. 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 furnished 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 Forfdture 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 (Page 2 of 3) PROMISSORY NOTE (Continued) Page 2 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 Afhwft Gueramor. 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. Chan" In Ownership. Any change in ownership of twenty-five percent (25%) 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. LENDER'S RIGHTS. Upon default, Lender may, after giving such ndtices as required by applicable law, declare the entire unpaid principal balance on this Note and all accrued unpaid interest immediately due, without notice, 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; including attorneys' fees, expenses for bankruptcy proceedings (including efforts to modify or vacate any automatic stay or injunction), appeals and any anticipated postyudgement collection services. If not prohibited by applicable law, Borrower also will pay any court costs, in addition to all other sums provided by law. WAIVER OF JURY TRIAL. THE BORROWER IRREVOCABLY WAIVES ANY AND ALL MONTS THE BORROWER MAY HAVE TO A TRIAL BY JURY IN ANY ACTION, PROCEEDWO OR CLAN OF ANY NATURE RELATING TO THIS NOTE, ANY DOCUMENTS EXECUTED IN CONNECTION WITH THIS NOTE OR ANY TRANSACTION CONTEMPLATED IN ANY OF SUCH DOCUMENTS. THE BORROWER ACKNOWLEDGES THAT THE FOREGOING WAIVER IS KNOWING AND VOLUNTARY. GOVERNING LAW. This Not* will be governed by federal law applicable to Lender and, to the extent not preempted by federal law, the laws of the Canmomrpldr of PennsyMnia without regard to its conflicts of law provisions. This Note has . been accepted by Lender in the Commonwea th of Paeesylvanie. CHOICE OF VENUE. If there is a lawsuit, Borrower agrees upon Lender's request to submit to the jurisdiction of the courts of Cumberland County, Commonwealth of Pennsylvania. RIGHT OF SETOFF. In addition to all liens upon and rights of setoff against Borrower's money, securities or other property given to Lender by law, Lander shall have, with respect to Borrower's obligations to Lender under this Note and to the extent permitted by law, a contractual possessory security interest in and a contractual right of setoff against, and Borrower hereby assigns, conveys, delivers, pledges and transfers to Lender all of Borrower's right, title and interest in and to, all of Borrower's deposits, moneys, securities and other property now or hereafter in the possession of or on deposit with, or in transit to, Lender or any other direct or indirect subsidiary of The PNC Financial Services Group, Inc., whether held in a general or special account or deposit, whether held jointly with someone also, or whether held for safekeeping or otherwise, excluding, however, all IRA, Keogh, and trust accounts. Every such security interest and right of setoff may be exercised without demand upon or notice to Borrower. Every such right of setoff shall be deemed to have been exercised immediately upon the occurrence of an Event of Default hereunder without any action of Lender, although Lender may enter such setoff on its books and records at a later time. COLLATERAL. Borrower acknowledges this Note is secured by the following collateral described in the security instrument listed herein: inventory, chattel paper, accounts, equipment, general intangibles and consumer goods described in a Commercial Security Agreement dated August 27, 2007. LINE OF CREDIT. This Note evidences a revolving line of credit. Advances under this Note may be requested orally by Borrower or as provided in this paragraph. All oral requests shall be confirmed in writing on the day of the request. All communications, instructions, or directions by telephone or otherwise to Lender are to be directed to Lender's office shown above. The following person or persons are authorized to request advances and authorize payments under the line of credit until Lender receives from Borrower, at Lender's address shown above, written notice of revocation of such authority: SAHIB SINGH NOTAY, PRESIDEIT of PUNJABI MANAGEMENT CORP. Borrower agrees to be liable for all sums either: (A) advanced in accordance with the instructions of an authorized person or (8) credited to any of Borrower's accounts with Lender. The unpaid principal balance owing on this Note at any time may be evidenced by endorsements on this Note or by Lender's internal records, including daily computer print-outs. FINANCIAL INFORMATION PROVISION. Borrower agrees to deliver any financial and other business information concerning Borrower that Lender may request from time to time, such as annual and interim financial statements (all of which shall be prepared in accordance with generally accepted accounting principles) and federal income tax returns. DEPOSITORY. Borrower will establish and maintain, with Lender, Borrower's primary depository account(s). If Borrower fails to establish and/or maintain its primary depository account(s) with Lender, Lender may, at its option, upon thirty (30) days notice to Borrower, increase the interest rate payable by Borrower under this Note by up to 1.00 percentage points 11.00%). Lender's right to increase the interest rate pursuant to this paragraph shall be in addition to any other rights or remedies Lender may have under this Note, all of which are hereby reserved, and shall not constitute a waiver, release or limitation upon Lender's exercise of any such rights or remedies, AUTOMATIC DEBIT OF PAYMENTS. The Borrower hereby authorizes the Lender to charge the Borrower's deposit account at the Lender for any payment when due hereunder. If the Borrower revokes this authorization for any reason whatsoever or fails to maintain a deposit account with the Lender which may be charged, the Lender may, at its option, upon thirty (30) days notice to the Borrower, increase the interest rate payable by the Borrower under this Note by twenty-five (25) basis points (0.25%). TERMINATION OF LINE OF CREDIT. Upon sixty (60) days prior written notice to Borrower, Lender may terminate the Line of Credit, with or without cause, and demand full payment of the entire unpaid principal balance of this Note, and all accrued and unpaid interest on the balance, and all other amounts due in accordance with the terms of this Note. Unless Lender's notice provides otherwise, Lender will have no further obligation to advance funds under this Note. CONVERSION TO TERM LOAN. Lender retains the right to convert all or any part of the outstanding indebtedness under this Note into an amortizing term loan, with or without cause, upon providing sixty 160) days prior written notice to Borrower (the "Convers"ion Notice'). If Lender exercise this right, Lender will compute a new monthly payment with respect to the part of the indebtedness so converted (the "Term Loan Portion'), and Borrower will be advised of such new monthly payment with respect to the Term Loan Portion in the Conversion Notice. Monthly payments on the Term Loan Portion following the Conversion Notice shall be based upon an amortization period specified in the Conversion Notice (the 'Amortization Period'). Subsequent payments on the Term Loan Portion shall be determined monthly and shall be in the amounts determined by Lender to be necessary to fully amortize the then outstanding principal balance so converted over the then remaining Amortization Period at the effective interest rate on this Note as of the date the amount of such payment is calculated by Lender. All oustanding principal and accrued interest will be due on the last day of the Amortization Period. All the provisions of this Note and any Related (Page 3 of 3) PROMISSORY NOTE (Continued) Page 3 Documents shall apply to the Term Loan Portion except to the extent inconsistent with this paragraph. 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 benefit of Lender and its successors and assigns. 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 Nabitity. All such parties agree that Lender may renew or extend (repeatedly and for any length of time) this ban or release any party or guarantor or collateral; or impair, fail to realize upon or perfect Lender's security interest in the collateral; 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 modify this loan without the 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 wlN not affect the enforceability of any other provisions of this Note. CONFESSION OF JUDGEMENT. THE BORROWER HEREBY EMPOWERS ANY ATTORNEY OF ANY COURT OF RECORD, AFTER THE OCCURRENCE OF ANY EVENT OF DEFAULT HEREUNDER, TO APPEAR FOR THE BORROWER AND, WITH OR WITHOUT COMPLAINT FILED, CONFESS JUDGMENT, OR A SERIES OF JUDGMENTS, AGAINST THE BORROWER IN FAVOR OF LENDER OR ANY HOLDER HEI[OF FOR THE ENTIRE PRINCIPAL BALANCE OF THIS NOTE, ALL ACCRUED INTEREST AND ALL OTHER AMOUNTS DUE HEIMIINOER, TOGETHER WITH COSTS OF SUIT AND AN ATTORNEY'S COMMISSION OF THE GREATER OF 10% OF SUCH PRINCIPAL AND INTEREST OR $1,000 ADDED AS A REASONABLE ATTORNEY'S FEE, AND FOR DOING SO, THIS NOTE OR A COPY VERIFIED BY AFFIDAVIT SHALL BE A SUFFICIENT WARRANT. THE SORROWS HAY FOREVER WANES AND RELEASES ALL ERRORS IN SAN PROCEEDINGS AND ALL RIGHTS OF APPEAL AND ALL RELIEF FROM ANY AND ALL APPRAIMENT, STAY OR EXEMPTION LAWS OF ANY STATE NOW IN FORCE OR HEREAFTER ENACTED. INTEREST ON ANY SUCH JUDGMENT SHALL ACCRUE AT THE DEFAULT RATE. 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 LENDER SHALL EJECT UNTIL SUCH TIME AS LEIIIDER SHALL HAVE RECEIVED PAYMENT IN FULL OF THE DEBT, INTEREST AND COSTS. NOTWITHSTANDING THE ATTORNEY'S COMMISSION PROVIDED FOR IN THE PRIG PARAGRAPH (WHICH IS INCLUDED IN THE WARRANT FOR PURPOSES OF ESTABLISHING A SUM CERTAIN), THE AMOUNT OF ATTORNEYS' FEES THAT LENDER MAY RECOVER FROM THE BORROWER SHALL NOT EXCEED THE ACTUAL ATTORNEYS' FEES INCURRED BY LENDER. 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 TERM OF THE 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: PUNJABI MANAGEMENT CORP B . I??7 "PUNJABI (Seal) MANAGEMENT CORP LW X M LwM& V . e.a,.maaa C- wIM,YrwY SMWr W. M, W, r1CgLLn107 M 131i0032M M-14 UNRUH, TURNER, BURKE & FREES, P.C. BY: JOHN K. FIORILLO, ESQUIRE ATTORNEY I.D. No. 55658 BY: NANCY J. GLIDDEN, ESQUIRE ATTORNEY I.D. No. 78961 P.O. Box 515 WEST CHESTER, PA 19381-0515 610-692-1371 PNC BANK, NATIONAL ASSOCIATION 1600 Market Street Philadelphia, PA 19103 Plaintiff vs. PUNJABI MANAGEMENT CORPORATION 1025 Biglerville Road Gettysburg, PA 17325 Defendant : ATTORNEYS FOR PLAINTIFF >v CSC i In r f CO) L'J M Ch : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW . No. 10 - 9q -2. a;vil-Fem AFFIDAVIT OF MARQUES L. WILLIAMS COMMONWEALTH OF PENNSYLVANIA SS. COUNTY OF PHILADELPHIA MARQUES L. WILLIAMS, being duly sworn according to law deposes and says that he is a Banking Officer of PNC Bank, N.A.; that he is authorized to make this affidavit and that the facts set forth in the foregoing Complaint for Confession of Judgment are true and correct to the best of his knowledge, information and belief; and that the Exhibit attached to the Complaint is a true and correct copy of the original. MARQUES L. WILLIAMS SWORN TO and SUBSCRIBED before Te-this day ofA- l,aAj" Ae?/ ,2010„ NWARY PUBLIC ?M(pNyyEpLTH OF PENNSYLVANIA NOTARIAL SEAL EVA KWASIBORSKI, Notary Public City of Philadelphia, Phila. County ' 14013 s ktn Expiren MjXCh 9, 2011 UNRUH, TURNER, BURKE & FREES, P.C. ATTORNEYS FOR PLAINTIFF N BY: JOHN K. FIORILLO, ESQUIRE ATTORNEY I.D. No. 55658 BY: NANCY J. GLIDDEN, ESQUIRE co ATTORNEY I.D. No. 78961 P.O. Box 515 , WEST CHESTER, PA 19381-0515 1 r 610-692-137 cn PNC BANK, NATIONAL ASSOCIATION 1600 Market Street Philadelphia, PA 19103 Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION -LAW VS. PUNJABI MANAGEMENT CORPORATION 1025 Biglerville Road Gettysburg, PA 17325 Defendant No. - v? 1 T?ty1f1 AFFIDAVIT OF DEFAULT COMMONWEALTH OF PENNSYLVANIA SS. COUNTY OF PHILADELPHIA MARQUES L. WILLIAMS, being duly sworn according to law deposes and says that he is a Banking Officer of PNC Bank, N.A.; that he is authorized to make this affidavit and that the Defendant is in default under the terms of the instrument attached to the Complaint in Confession of Judgment as Exhibit "A" in that payment has not been made to Plaintiff in accordance with the terms thereof, as a result of which the amount of $10,819.93 plus interest from December 11, 2009, is due and owing. SWORN TO and SUBSCRIBED MARQUES L. WILLIA S before m this _Z?f day of do A 010. 3MMONWEALTH OF PENNSYLVANIA N ARY PUBLIC NOTARIAL SEAL EVA KWASIBORSKI, Notary Public City of Philadelphia, Phila. County v Fires March 9, 2011 UNRUH, TURNER, BURKE & FREES, P.C. BY: JOHN K. FIORILLO, ESQUIRE ATTORNEY I.D. No. 55658 BY: NANCY J. GLIDDEN, ESQUIRE ATTORNEY I.D. No. 78961 P.O. Box 515 WEST CHESTER, PA 19381-0515 610-692-1371 PNC BANK, NATIONAL ASSOCIATION 1600 Market Street Philadelphia, PA 19103 Plaintiff vs. PUNJABI MANAGEMENT CORPORATION 1025 Biglerville Road Gettysburg, PA 17325 Defendant : ATTORNEYS FOR PLAINTIFF c? '*t rh` c? 7 Q? : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW04vil-rerm .. No. 10 - 093 AFFIDAVIT OF BUSINESS TRANSACTION COMMONWEALTH OF PENNSYLVANIA COUNTY OF PHILADELPHIA SS. MARQUES L. WILLIAMS, being duly sworn according to law deposes and says that he is a Banking Officer of PNC Bank, N.A.; that he is authorized to make this affidavit and that this is not an action by a seller, holder or assignee arising out of a retail installment sale, contract or account and that the transactions upon which the judgment being entered is based were business transactions and were not entered into for family, personal or residential purposes. 01 MARQUES L. WILLIAMS SWORN TO and SUBSCRIBED beforee e this day of ?/A A10 A R / , 2010. PUBLIC ;• MMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL Public EVA KWASIBORh?I'Phiila bounty City of Philadelp ?I?g March 9, 2011 `. p UNRUH, TURNER, BURKE & FREES, P.C. BY: JOHN K. FIORILLO, ESQUIRE ATTORNEY I.D. No. 55658 BY: NANCY J. GLIDDEN, ESQUIRE ATTORNEY I.D. No. 78961 P.O. Box 515 WEST CHESTER, PA 19381-0515 610-692-1371 PNC BANK, NATIONAL ASSOCIATION 1600 Market Street Philadelphia, PA 19103 Plaintiff VS. PUNJABI MANAGEMENT CORPORATION 1025 Biglerville Road Gettysburg, PA 17325 Defendant c, ATTORNEYS FOR PLAINTIFF tit - X. v+ : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW No. 0 - iv i i -rem AFFIDAVIT OF ADDRESSES COMMONWEALTH OF PENNSYLVANIA COUNTY OF PHILADELPHIA ss. MARQUES L. WILLIAMS, being duly sworn according to law deposes and says that he is a Banking Office of PNC Bank, N.A.; that he is authorized to make this affidavit and that the addresses of the Plaintiff and the Defendant are as follows: Plaintiff PNC Bank, N.A. 1600 Market Street Philadelphia, PA 19103 Defendant Punjabi Management Corporation 1025 Biglerville Road , PA 17325 Gettysb' 1krg A&?? MARQUES L. WILLIAMS SWORN TO and SU SCRIBED before me this day of --r Al 0 4 A2 2010. NO'T?RY PUBLIC TF1 of pENNSYL.VANIA `°M.N TARIAL SEAL a?%KWPhjadeoia' SIBORSKI, Notary Public Phila. ouwn Expires March 9, 2011 UNRUH, TURNER, BURKE & FREES, P.C. BY: JOHN K. FIORILLO, ESQUIRE ATTORNEY I.D. No. 55658 BY: NANCY J. GLIDDEN, ESQUIRE ATTORNEY I.D. No. 78961 P.O. Box 515 WEST CHESTER, PA 19381-0515 610-692-1371 PNC BANK, NATIONAL ASSOCIATION 1600 Market Street Philadelphia, PA 19103 Plaintiff VS. PUNJABI MANAGEMENT CORPORATION 1025 Biglerville Road Gettysburg, PA 17325 Defendant ` M 0 ATTORNEYS FOR PLAINTIFF 1 fb v+ : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : No. t - ?vi l Term ffi-1; ON NOTICE REGARDING DEBTOR IDENTIFICATION A debtor who has been incorrectly identified herein may file and serve a petition pursuant to Pa. R.Civ. P. 2959 and 2967. An incorrectly identified debtor who prevails in such a motion may be entitled to costs and reasonable attorney fees as determined by the court. You should contact an attorney to advise you in connection with this matter. Pa. R.Civ. P. 2959 provides that: (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 not 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 Rule 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. (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 in 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 are pending. Pa R.Civ. P. 2967 provides a form for filing a petition to strike the judgment in accordance with certain rules of the Pennsylvania Rules of Civil Procedure. -2- The petition to strike judgment required by Rules 2958.3 and 2973.3 shall be substantially in the following form: (Caption) PETITION TO STRIKE JUDGMENT REQUEST FOR PROMPT HEARING I hereby certify that I did not voluntarily, intelligently and knowingly give up my right to notice and hearing prior to the entry of judgment. I petition the court to strike the judgment on this ground and request a prompt hearing on this issue. I verify that the statements made in this Request for Hearing are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities. Notice of the hearing should be given to me at Street Address City, State Telephone Number Dated: Defendant(s) -3- UNRUH, TURNER, BURKE & FREES, P.C. BY: JOHN K. FIORILLO, ESQUIRE ATTORNEY I.D. No. 55658 BY: NANCY J. GLIDDEN, ESQUIRE ATTORNEY I.D. NO.78961 P.O. Box 515 WEST CHESTER, PA 19381-0515 610-692-1371 PNC BANK, NATIONAL ASSOCIATION 1600 Market Street Philadelphia, PA 19103 Plaintiff VS. PUNJABI MANAGEMENT CORPORATION 1025 Biglerville Road Gettysburg, PA 17325 Defendant ATTORNEYS FOR PLAINTIFF ~ -n ~--~- rr t , a ~ n --r ' ` ~ -s r t IN THE COURT OF COMMO]~LEAS rn ' ~ ti:~ -- ~ ~~ CUMBERLAND COUNTY PEN]YLV~NI A~~ '` , ~... CIVIL ACTION -LAW ~ ~ No. 10-893 CERTIFICATE OF SERVICE OF THE NOTICE UNDER RULE 2958.1 This is to certify that in this case complete copies of all papers contained in the Notice Under Rule 2958.1 has been served upon the following persons, by certified mail on June 15, 2010: Punjabi Management Corporation c/o Parminder & Surinder Singh & Sahib Singh Notay Post Office Box 4612 Gettysburg, PA 17325 Certified Mail, Return Receipt Requested, Restricted Delivery No. 7009 0820 0000 6996 3168 True and correct copies of the certified mail receipts and 2958.1 Notices are attached. Date: Z UNRUH, TURNER, BURKE & FREES, P.C. / r By: { risten Wetzel Ladd, uire Attorney for Plaintiff, C Bank, N.A. P.O. Box 515 West Chester, PA 19381-0515 Attorney I.D. No. 208755 610-692-1371 UNRUA, TURNER, BURKE & FREES, P.C. :ATTORNEYS FOR PLAINTIFF BY: JOHN K. FIORII.LO, ESQUIRE ATTORNEY I.D. No. 55658 BY: NANCY J. GLIDDEN, ESQUIRE ATTORNEY I.D. No. 78961 P.O. Box 515 WEST CHESTER, PA 19381-0515 610-692-1371 PNC BANK, NATIONAL ASSOCIATION : IN THE COURT OF COMMON PLEAS 1600 Market Street Philadelphia, PA 19103 :CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff CIVIL ACTION -LAW VS. No. 10-893 PUNJABI MANAGEMENT CORPORATION 1025 Biglerville Road Gettysburg, PA 17325 Defendant NOTICE UNDER RULE 2958.1 OF JUDGMENT AND EXECUTION THEREON NOTICE OF DEFENDANT'S RIGHTS Via Certified Mail, Return Receipt Requested, Restricted Delivery No. 7009 0820 0000 6996 3168 To: PUNJABI MANAGEMENT CORPORATION c% Parminder Singh, Surinder Singh & Sahib Singh Notay Post Office Box 4612 Gettysburg, PA 17325 A judgment in the amount of $10,819.93 has been entered against you and in favor of the Plaintiffwithout any prior notice or hearing based on a confession of judgment contained in a written agreement or other paper allegedly signed by you. The sheriff may take your money or other property to pay the judgment at any time after thirty (30) days after the date on which this notice is served on you. You may have legal rights to defeat the judgment or to prevent your money or property from being taken. YOU MUST FILE A PETITION SEEKING RELIEF FROM THE JUDGMENT AND PRESENT TT TO A JUDGE WITHIN THIRTY (30) DAYS AFTER THE DATE ON WHICH THIS NOTICE IS SERVED ON YOU OR YOU MAY LOSE YOUR RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WTTH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 Date: ~ ~ ~ ~ ~ ~ 10 UNRUH, TURNER, BURKE & FREES, P.C. By. Kristen Wetzel Ladd, airs Attorney for Plaintiff, PNC Bank, N.A. P.O. Box 515 West Chester, PA 19381-0515 Attorney I.D. No. 208755 610-692-1371 .~ '~ ~~iifWi~l m , .~ ~' Pomge o^- W A Certllled Fee p Retum Rsoeipt Fee l7 (Endorsement Required) O Reetrlated DolNery Fee t7 (Endor~e~~menpptRequlred) ~ Total Poswpe4l~ l7 P~ t ' ~ or PO Box Nb. ,, ..~ ,.,~~.,..: ~.. : ~ ,.A, ~_ , ;~^ 1 2,'~d 3:~Also~coinplete ' ~ f It~erri d H ~fieetrictetl Delivery Is desired.. X ~ ~~~ ~i ^'Print-your n`ame:arid?eddigsson thereverse so that we'can return the card to you. s, by (P-fnbed Name) ~, f ~ ^. Attach-this card.to the back of the mailplece, ' or on the front if space permits f~ ~ 17 D. Is dellvary address _ .- . , 1 ~' ' ~1'8t1 H YES, enter dally ry address I~w: `NO qnt Co ~ ~~~ ~, ' uMnder S ngh~ ~ ' ~' i ~ O ~ h Notay ~ ~, I Box 4612 _ ~~ { ~ ~ pp 17325 '~ ~~ .~ ~ 3. Servk;e type Gj ~. '' - --- - Melt nee ~ ^ Registered Rerrelpt for Merchandise I 0 Insured Mall ^ C.O:D. f 4. Reetrlcted Delivery? (Exhe Fee) ~, 2.a~tlcleNurr~er~ ~~ ~ 7.009 .0820 000 6996 3168 , 3 PS:Form 381.1'; Februpry ?Q04 i , . F Dbrns~tiF _ pt ~1o2~s-o2-M-trrto