HomeMy WebLinkAbout10-2234UNRUH, TURNER, BURKE & FREES, P.C.
BY: JOHN K. FIORILLO, ESQUIRE
ATTORNEY I.D. No. 55658
l,B'?: 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.
JOHN B. HESS
145 Willow Mill Park Road
Mechanicsburg, PA 17050
Defendant
ATTORNEYS FOR PLAINTIFF
C7
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"'
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
No. - Za3 tvi I Term
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 Plaintiff, confess
judgment in favor of the Plaintiff and against the Defendant as follows:
Principal $346,877.45
Interest as of 02/08/10 $ 95,178.34
Late Charges as of 02/08/10 $ 10,574.95
Attorney's Commission (10%) $ 45,263.07
TOTAL $497,893.81
Interest continues to accrue from February 8, 2010 at a per diem rate of $97.41.
f UNRUH, TURNER, URKE & FREES, P.C.
Date: By: N----
John . Fiorillo, Esquire
Nancy J. Glidden, Esquire +AT 50 Pis A1lY
Attorneys for Defendant &F3710(06
P'* a89r9
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.
JOHN B. HESS
145 Willow Mill Park Road
Mechanicsburg, PA 17050
Defendant
: ATTORNEYS FOR PLAINTIFF
: IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
: CIVIL ACTION - LAW
No.
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, John B. Hess ("Guarantor") is an adult individual with an
address of 145 Willow Mill Park Road, Mechanicsburg, PA 17050.
3. On or about May 24, 2004, in consideration of monies lent, Infratech
Industries, Inc. (the "Borrower") executed and delivered to the Bank a term note in the original
principal sum of $450,000.00 (the "Note"). A true and correct copy of the Note is attached
hereto and made a part hereof as Exhibit "A".
4. On or about May 24, 2004, in order to induce the Bank to enter into the
transaction evidenced by the Note, Guarantor executed and delivered to the Bank a Commercial
Guaranty (the "Guaranty") wherein Guarantor agreed, among other things, to guaranty and act as
a surety for all of Borrower's obligations to the Bank in connection with the Note and any other
obligation of Borrower to the Bank. A true and correct copy of the Guaranty is attached hereto
and made a part hereof as Exhibit "B."
5. In addition, the loan is secured by a mortgage given by Delores J. Hess and
John B. Hess on or about November 16, 2006, in the amount of $300,000.00, which pertains to
property commonly known as 145 Willow Mill Park Road, Cumberland County, Pennsylvania,
and which was recorded in record book 1843, page 4382.
6. Judgment has not been previously entered in any jurisdiction against the
Guarantor under the Guaranty.
7. 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.
8. The Guaranty has not been assigned and the Bank is still the holder
thereof.
9. Borrower has defaulted on its obligations to the Bank under the Note by
virtue of among things, failing to make payment as and when due and Guarantor has defaulted
on his obligations to the Bank pursuant to the terms of the Guaranty by virtue of various events,
including without limitation, failing to cure Borrower's default.
10. As a result of said defaults, Guarantor is in default and the following
amounts are immediately due and payable under and in connection with said Guaranty in
-2-
connection with amounts that had been guaranteed with respect to the Note as of February 8,
2010:
Principal $346,877.45
Interest as of 02/08/10 $ 95,178.34
Late Charges as of 02/08/10 $ 10,574.95
Attorney's Commission (10%) $ 45,263.07
TOTAL $497,893.81
Interest continues to accrue from February 8, 2010 at a per diem rate of $97.41.
WHEREFORE, Plaintiff PNC Bank, N.A., respectfully requests judgment in its favor and
against Defendant, John B. Hess, in the amount of $497,893.81 plus interest from February 8,
2010 at the per diem rate of $97.41 and all costs and expenses.
Respectfully submitted,
UNRUH, TURNER, BURKE & FREES, P.C.
Date: 3lf o By:
John K. iorillo, 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
-3-
EXHIBIT "A"
(Page 1 of 7)
U.S_ Small Business Administration
NOTE
SBA Loan # PLF 74388940-90
SBA Load Name INFRATECH INDUSTRIES, INC.
Dade - -,Z il -Z DO to
Loan Amount 450.=.00
Interest Rate FLOA-rM AT WSJ PLUS 2.00°/. RESULTING IN AN INITIAL INTEREST HATE 6-W%
Borrower INFRATECH INDUSTRIES, INC.
Operattrp
Company
Lender PNC BANK, Ndonal Association
1. PROMISE TO PAY:
In return for the Loan, Borrower promises to pay to the order of Lender; the amount of
FOUR HUNDRED FIFTY THOUSAND-- Dollars,
interest on the unpaid principal balancq and all other amounts required by this Note.
2. DEFINITIONS:
"Collateral" moans any property taken as security for payment ofthis Note or any guarantee of this Notes
"Guarantor" mew each person of entity that signs a guarantee of payment of this Not%
"Loan" means the ban evidenced by this Note-
"Loan DocumentV means the documents related to this loan signed by Borrower, any Guarantor, or anyone who
pledges collateral.
"SBA" means the Small Business Adminietraiion, an Agency of the United States of America.
SBA Form 147 (O&WM version 4.1 Pape 116
Bankers System, Inc., St. Cloud, MN
(Page 2 of 7)
3. PAYMENT TERMS:
Borrower must make all payments at the place Lender designates. The payment terms for this Nome are:
This Note will mature in 8 years and 9 months from date of Note.
The initial interest rate on this Note wit fluctuate. The initial interest rate is 6.00% per year. This initial rate is the
prime rate on the date SBA received the loan application, plus 200. The interest rate must remain In effect until the
first change period begins.
Borrower must pay a total of 6 payments of interest only on the disbursed principal balance beginning one month
from the month this Note Is dated and every month thereafbsh; payments must be made on the first calendar day in
the months they are due.
Borrower must pay principal and Interest payments of $5,774.02 every month, beginning seven months from the
month this Note is dated; peymenls must be made on the first calendar day In the months they are due.
Lender will apply each Installment payment first to pay interest accrued to the day Lender receives the payment,
then to bring principal current, then to pay any late fees, and will apply any remaining balance to reduce principal.
The interest rate will be adjusted quarterly (the 'change period"}.
The "Prime Rabe" Is the prime rate In effect on the first business day of the month in which the an interest rate
change occurs, as published In the Wall Stmt Journal on the next business day.
The adjusted Interest rate will be 2.00% above the PrIme Rate. Lender will adjust the interest rote on the first
calendar day of each change period. The change In interest rate is effective on that day whether or not Lend gives
Borrower notice of the change. The initial interest rate must remain in etfeut until the first change period begins.
Lender must adjust the payment mount at least annually as needed to amoriiae principal over the remains term
of the note.
If SBA purchase the guaranteed portion of the unpaid principal balance, the Interest rate becomes fixed at the rate
in effect at the time of the earliest uncured payment default. If there is no uncured payment default, the rate
becomes fixed at the rate in effect at the time of purchase,
Ali remaining principal and accrued interest is due and payable 8 years and 9 months from date of Note.
Late Charge: If a payment on this Note Is more than 90. days late, Lender may charge Borrower a late fee of up t0
6% of the unpaid portion of the regularly scheduled payment
Loan Prepayment:
No Wlthstandi+g any provision in this note to the contrary:
Borrower may prepay this Norte. Borrower may prepay 20 percent or less of the unpaid principal balance at any time
without notice. If Borrower prepays more than 20 percent and the Loan has been sold on the secondary maeaet,
Borrower must
a. Give Lender written notice;
SBAFarm 147 (nhGWU) vearon 4.1 Pap W
Bankers Systems, kr., St. Cloud, MN
(Page 3 of 7)
SBA 147: Note Pa" 2 Continuation
Continuation of °..."
b. Pay all accrued Interest; and
c. If the prepayment is received less than 21 days from the date Lender n3oeh?es the notice, to 21 days interest from the date Lender receives the notice nd r . Ray an amount
days and paid under subparagraph b., above. left Y interest accrued during the 21
If SOMOY 9sr does not prepay wiNn 30 days from the date Lender receives the notice, Borrower must give
Lender a new notice.
page 1 Bankers Systems, Inc., St. Cloud, MN
(Page 4 of 7)
I
4. DEFAULT:
Borrower is in default under this Note if Borrower dons not make a payment when due under this Note, or if Borrower
or Operating COMIMw,.
A Fails to do anything required by this Note and other Loan Documents;
B. Defaults on any other loan with Leader,
C. Does not preserve, or account to Lender's satisfaction for, arty ofthe Collateral or its prom;
D. Does not disclom or anyone acting on their Behalf does not disclose, sets, mas=W fact to Leader or SBA;
E. Makes, or anyone acting on their behalfmakes, a materially false or misleading representation to Lander or SBA;
F. Defaults an any loan or agtemeot with mother creditor, if Lander believes the default may materially affect
Borrower's ability to pay this Note;
Q Fails to pay may taxes when due;
H. Becomes the serbject of a proceeding under my benlruptcy or insolvancy law;
I. Has a receiver or liquidator appointed for any part of their buslJtess or property,
L Makes an a dvaie at for the benefit of creditors;
K Has anX adverse: change fn financial condition or business operation that Lender believes may materially affect
Borrower's abft to pay this Note;
L. Reorganizes, merges, consolidates, or otherwise dnages ownerslrip or business structure without Lender's prior.
written consent; or
M. Becomes the subject of a civil or criminal action that Lender believes may materially affect Borrower's ability to
pay this Notes.
5. LENDER'S RIGHTS IF THERE IS A DEFAULT:
Without notice or demand and without giving up any of its rights, Lender may..
A. Requh k=ediate payment of all amounts owing under this Note;
B. Collect all amounts owfM eom MW Borrower or Quarmtor,
C. File suit and obtain judgutent;
D. Take possession of any Collateral; or
E. Sell, la8w, or otherwise dispose of; any Collateral at public or private sale, with or without advcrtiqcMenk
6. LENDER'S GENERAL POWERS:
Without notice and without Borrower's conseak Lender may:
A. Bid on or bury the Collateral at its sale or the sale of aewdw lienhalder, at any price it chooses;
B. Incur expenses to collect amounts clue under this Note, enforce the tarns of this Note or any other Loan
Document, and preserve or dispose ofthe Collateral. Among other thiuga, the wMenses may include payments
for property taxes, prior hiens, Innuance, appraisals, environmental Towediatton 00" aid reasonable attorney's
fees and costs. IfLeader incurs such expenses, it „ay demand mate repsyntew from Borrower or add the
expenses to the principal balance;
C. Release anyone oblfzded to pay this Note;
D. Compromise, release, resew, ennead or substitute wW ofthe Collateral; and
E. Take any action necessary, to protect the Collateral or collect amounts owing on this Not-
SBA Foan 737lOBIt13IDp) Versim 4.7
Page 318
Befftre Systems, inc., St cloud, MN
(Page 5 of 7)
7. WHEN FF-DMUL LAW APPLiSS:
When SBA is the holder, this Note will be klOrgeted and enforced
Lender or SBA may we under federal law, ??ft SBA regulations,
Bens, and otherY state or local procedures for Erring paper neording dotxmsents, P&8 doticq fns ealosing
Ptupog• By using such Wocedwva, SBA does not waive any federal
e0n'ML panalty, tax, orliebSity. As to this Note, BMWWe r 'from state or local
to deny any obti,gmion, defeat any clam of SBA, or may not claimor assert agaiavt SBA 8>ly local or state law
preempt federal raw.
8. SUCCESSORS AND ASSIGNS:
Under this Note, Borrower and operagng
mid assigns. COm?'Y include the s=== of each, and Lender includes its strc cesaors
9. GENERAL PROVISIONS:
A. All individuals and entities signing this Note are jointly and severally liable.
B. Borrower waiM all surejyft defiram
C. Bomoowermust sign an docraaeots necessary at any time to coQVjY with the tam Documents and to "able
Lender to acquires perfect, or maintain Lender's liens on Collateral.
D. Lender may exercise any of its rights separately or together
may delay or forgo ° as many trans and. is any order it chooses. Leader aeftTrMg any of its rights without giving up any ofd m.
F. Borrower may not use an oral statuaw ofLeader or SBA to contmdiet or alter the written teams ofthis Note,
F. If any Part of this Note is unonforceab* all other parts remain in effect
G. To the extent allowed by law, Borrower waives all demands and notion in connoction with this Note, including
pCesentment, demand, Pry and notice of disl mw. Borrower also waives any defenses based
claim
that Lender did not obtain any guarantee, did not obtsin q)w any
Collateral; or did not obtain the fair perfeet, or maintain a lien upon Collaterah, impaired
marital value of Collateral at a sate.
IMA Form 147 {o WAM) VOM6M 4.1
Page 415
BanlMrs Systems. lnc., St. Cloud, MN
(Page 6 of 7)
10. STATMPECIFIC PROVISIONS:
1. POWER TO CONFESS JUDGMENT. UNDERSIGNED HEREBY SOWERS ANY ATTORNEY OF ANY
COURT OF RECORD, AT ANY TIME AFTER THE OCCURRENCE OF ANY EVENT OF DEFAULT HEREUNDER. TO
APPEAR FOR THE UNDERSIGNED AND, WITH OR WITHOUT COMPLAINT FILED, CONFESS JUDGMENT, OR A
SERIES OF JUDGMENTS, AGAINST THE UNDERSIGNED IN FAVOR OFTHE LENDER OR ANY HOLDER
HEREOF FOR THE ENTIRE PRINCIPAL BALANCE OF THIS NOTE. ALL ACCRUED INTEREST AND ALL OTHER
AMOUNTS DUE HEREUNDER, TOGETHER WITH COSTS OF SUIT AND AN ATTORNEY'S OCMMI&RION OF 10%
OF SUCH PRINCIPAL AND INTEREST ADDED AS A REASONABLE ATTORNEY'S FEE, AND FOR DOINEM $0,
THIS NOTE OR A COPY VERIFIED BY AFRDAVI T SHALL BE A SUFFICIENT WARRANT. THE UNDERSIGNED
HEREBY FOREVER WAIVES AND RELEASES ALL ERRORS IN SAID PROCEEDINGS AND ALL RIGHTS OF
APPEAL AND ALL RELIEF FROM ANY AND ALL APPRAISEMENT, STAY OR EXEMPTION LAWS OF ANY STATE
NOW IN FORCE OR HEREAFTER ENACTED.
JUDGMENT MAY BE CONFESSED FROM TIME TO TIME UNDER THE AFORESAID POWER TO CONFESS
JUDGMENT AND NO SINGE EXERCISE OF THE FOREGOING PONDER TO CONFESS JUDGMENT, OR A
SERIES OF .A>DGMFNTS, SHALL BE DEEMED TO EXHAUST THE POWER, WHETHER OR NOT ANY SUCH
EXERCISE SHALL BE HELD BY ANY COURT TO BE INVALID, VOIDABLE, OR VOID, BUT THE POWER SHALL
CONTINUE UNDIMINISHED AND IT MAY BE EXERCISED FROM TIME TO TIME AS OFTEN AS THE LENDER
SHALL ELECT" UNTIL SUCH TIME AS THE LENDER SHALL HAVE RECEIVED PAYMENT IN FULL OF THE DEBT,
INTEREST, COSTS AND FEES.
2. Govemerg Lag Jurisdiction. This Note wllf be intarW" and the rights and 4MIMes of the parties hereto
detemrdned in accordance with the laws of the Commonwealth of pennsovsda, eoocluding its cordliict of laws rules.
The Undersigned hereby Irrevocably consents to the eawk live IwWlc&m of the Courts of Common Pleas of the
Commonwealth of Penmwivards and the United Sales District Court for the Middle District of Pennsy[vanla; provided
that nothing cordalned In this Note wlp prevent the Lander or any holder hereof from bringing any aeon, enfor ing any
award or judgment or ccw dying any rights against the Undersigned, against any securlly or against any property of
the Undersigned within any other county, state or other foreign or domestic jurisdiction. The Undersigned agrees that
the venue provided above is the most convenient torum for both the Lender and the Unclarsigned and the waives any objection to venue and w!' i objection based on a more convenient forum in any action instituted under this
Note. The Undersigned agrees that service of process in any such proceeding may be duly elfec l ed upon the
Undersigned by mailing a copy thereof by registered me% postage prepaid, to the Undersigned
3. WAIVER OF JURY TRIAL. THE UNDERSIGNED IRREVOCABLY WANES ANY AND ALL RIGHTS THE
UNDERSIGNED MAY HAVE TO A TRIAL BY JURY. IN ANY ACTION, PROCEEDING OR CLAIM OF ANY NATURE
RELATING TO THIS NOTE, ANY DOCUMENTS EXECUTED IN CONNECTION WITH THIS NOTE OR ANY
TRANSACTION CONTEMPLATED IN ANY OF SUCH DOCUMENTS. THE UNDERSIGNED ACI(NOWLEDGES
THAT THE FOREGOING WANER IS KNOWING AND VOLUNTARY.
SBA Fomt 147'(O&=2) Version 4.1
Page a
Bankers Systems, Inc., St. Cloud, MN
(Page 7 of 7)
11. BORROWER'S NAME(S) AND SIGNATURE(S):
By signing below, each individual or entity beoomes obligated under this Note as Borrower.
RFRATECH INDUS TES, INC.
88A Form 447 (COO) V"On 4.1
Pap era
Bankers Systems, Inc., St. Cloud, MN
EXHIBIT "B"
(Page 1 of 4)
COMMERCIAL GUARANTY
References In the shaded area are for Lender's use only and do not limit the applicability of this document to any pardou ar loan or item.
Any item above containing """has been omitted due to text Iength limitations.
Borrower.. INFRATECH INDUSTRIES, INC. (TIN: 20-0930958) Lender: PNC Bards, National Association
1055 TEXACO ROAD Business Banking - SBA
MECHANiCSBURG, PA 17050 8800 Tkdcum Boulevard
Pit a, PA 19163
Guarantor: joHm B. mse issN: 18s-w 41eei
148 WILLOW MILL PARK ROAD
MECHANiCSBURG, PA 17050
AMOUNT OF GUARANTY. The mount of this Guaranty is unlimited.
CONTINUING UNLIMITED GUARANTY. For good and valuable oahsidwation, JOHN B. HESS ('Gusranloe) obsolulety and uncondit"i raft
guarantees and pro d i W pay to PKC Bank, National Association {'Lander') or its order. In legal tender of In Halted States of Amerim the
lndebba boas (as *at tens is defined below) of MIPRATECH MUSTRffS, INC. ('Borrowar') to Lander an the terms and cor0done set forth in
this Guaranty. Under this Guaranty, the lbbplty of Glarera r Is unilmhad sul to abilgstons of Guarantor are candraft.
INDEBTEDNESS GUARANTEED. The Indebtedness guaranteed by this Guaranty Includes any and all of Borrower's indebtedness to Lender and
is used In the most comprehensive sane and means and includes any and all of Borrower's llabhildes, obligations and debts to tender, now
existing or hereinafter Incurred or created, inchx8ng, without limitation, all loans, advances, Interem costs, debts, overdraft indebtedness, credit
card indebtedness, lease obligations, other obligations, and ilebiRdes of Borrower, or any of them, and any present or future judgments against
Borrower, or any of them; and whether any such Indebtedness It voluntarily or involuntarily Incurred, due or not due, abwk to or contingent,
liquidated or unkluidated, determined or undetermined; whether Borrower may be liable individually or jointly with others, or prlmerly or
secondarily, or se guarantor or surety; whether recovery on the Indebtedness may be or may become barred or unentbresable against Borrower
for any reason whatsoever; and whether the Indebtedness arises from transactions which may be voidable on account of Infancy, insanity, ultra
vires, or otherwise.
DURATION OF GUARANTY. This Guaranty will seta effect when received by Lender without the necessity of any acceptance by Lender, or any
notice to Guarantor or to Borrower, and will continue in full force until aU Indebtedness incurred or oortracted before receipt by Lender of any
notice of rvAxmdon shall have been fully and finally paid and satisfied and all of Guarantor's other obligations under this Guaranty shall have
been performed in full. If Guarantor elects to revoke this Guaranty, Guarantor may only do so In writing. Guarantor's written notice of
revocation must be mailed to Lender, by certified mail, at Lender's address listed above or such other place as. Lander may designate in writing.
Written revocation of this Guaranty will apply only to advances or now Indebtedness created attar anal receipt by Lander of Guarantor's
written revocation. For this purpose and without Umhation, the term 'new IndebtadnaW does not Include Indebtedness which at the time of
notice of revodxtian is contingent, unliquideted, undetermined or not due and which later becomes absolute, liquidated, determined or due. This
Guaranty will oontin ue. to band Guarantor for all Indebtedness incurred by Borrower or committed by Lender prior to receipt of Guarantor's
written notice of revocation, including any extensions, renewals, sulmaltudons or modifleatkhrhs of the Indebtedness. All renewals, exasions,
substitutions, and modification of the indebtedness granted after Guarantor's revocation, are contemplated under this Guaranty and,
specifically will not be considered to be new Indebtedness. This Guaranty dial bind Guarantor's estate as w Indebtedness.created both before
and after Guarantor's death or Incapacity, .regardless of Lender's actual ratios of Guarantor's death. Subject to the foregoing, Guarentor's
executor or administrator or other legal representative may terminate this Guaranty in the same mariner in which Guarantor might have
terminated It and with the same effect Release at any other guarantor or termination of any other guaranty of the Indebtedness shall not affect
the liability of Guarantor under this Guaranty. A revocation Lender receives from any one or more Guarantors shall not affect the liability of any
remaining Guarantors urhdar this Guaranty. It is andelpated that fluoundons may ooohr In the aggragau amount of hfdsb s covered by this
Gwaaatty, and Gi en s tCr specifically aalowwledges and agrees that redactions into amount ofJndebtddnaa, events zero dollars 100-00), prior
to GuarsrsWs written revocation of this Guaranty shalt not constitute a termination of this Guaranty. This Guaranty is binding upon Geerantor
and Quarantos heirs. successors and as>Is it so long as any of the guaranteed indebtedness remains unpaid and even tough the Indebtedness
guaranteed may from tad to lime be hero dollars 00.001.
GUARANTOR'S AUTHORIZATION TO LENDER. Guarantor a thoftm Larder, either before or attar any revocation hereof, without ratio* or
demand and wlMhart IeasenkV Goaartoes liability dander this Guaranty, fromn time to time: (A) prior to revocation a6 set forth above, to make
one or more additional secured or unsecured bans to Borrower, to loess equipment or other goods to Borrower, or otherwise to extend
additional credit to Borrower; (8) to altar, compromise, renew, extend, accelerate, or otherwise ohange one or more times the time for payment
or other terms of the Indebtedness or any part of the Indebtedness, Including Increases and decreases of the rats of interest on the
Indebtedness; extensions may be repeated and may be for longer than the original loan term; (C) to take and hold security for the payment of
this Guaranty or the Indebtedness, and exchange, enforce, waive, subordinate, fall or decide not to perfect, and release any such security, with
or without the substitution of new collateral, (D) to release, substitute, agree not to sue, or deal with any dubs or more of Bo tower's sureties,
endorsers, or other guarantors on any terms or M any manner Lender may choose; (E) to determine chow, when and what application of
payments and credits shall be made on the indebtedness ig to apply such seaurtty and direct the order or mttetaher of sale thereof, including
without lknitation, any nm*idbial sale permitted by the terms of the controlling security agreement or deed of trust, as Lender In its discretion
may determine; (G) to set transfer, assign or grant participations in all or any part of the Indebtedness, and (H) to assign or transfer this
Guaranty In whole or In part.
GUARANTOR'S REPRESENTATIONS AND WARRANTIES. Guarantor represents and warrants to Lander that (A) no representations or
agreements of any kind have been made to Guarantor which would limit or qualify In anyway the terms of this Guaranty; (B) ttils Guaranty is
executed at Borrower's request and not at the request of Lender; (C) Guarantor has full power, right and authority to enter into this Guaranty;
(D) the provisions of this Guaranty do not conflict with or result in a default under any agreement or other Instrument binding upon Guarantor
and do not resit in a violation of any law, regulation, court deals or order applicable to Guarantor; (E) Guarantor has not and will not, without
the prior written consent of Lender, sell, lease, assign, encumber, hypothecate, transfer, or otherwise dispose of all or substantially ail of
Guarantor's assets, or any merest therein; (F) Won Lender's request, Guarantor will provide to Lender find and credit Information M form
acceptable to Lender, and all such financial Information which currently has been, and all future financial Information which will be pnw4ed to
tender is and will be tluo and correct in all material respects and fairly present Guarantor's financial condition as of the dates the financial
information Is provided; (G) no material adverse change has occurred in Guerenues imanaial condition shoe the date of the most recent
financial statements provided to Lender and no event has occurred which may materially adversely affect Guarantor's financial dxmdidon; (H)
no litigation, claim, Irnrestigotion, administrative proceeding or similar action (Including those for unpaid taxes) against Guarantor is pending or
threatened; (1) Lander has made no representation to Gderentor as to the a rthinsm of Borrower, and Q Guarantor has established
adequate means of obtaining from Borrower on a continuing basis Information regarding Borrower's financial condition. Guarantor ogre" to
(Page 2 of 4)
COMMERCIAL GUARANTY
(Continued) Page 2
keep adequately informed from such means of any facts, events, or circumstances which might in any way affect Guarantor's risks under this
1 Guaranty, and Guarantor further agrees that Lamer shall have no obligation to disclose to Guarantor any Information or dooumercts acquired by
Lender in the course of its relationship with Borrower.
GUARANTOR'S WAIVERS. Except as prohibited by applicable law, Guarantor waives any right to require Lander W to continue lending
money or to extend other credit to Borrower; (B) to make any presentment, protest, demand, or notice of any kind, including notice of any
nonpayment of the Indebtedness or of any nonpayment related to any collataral, or notice of any action or nonaction on the part of Borrower,
L
ender. any surety, endorser, or other guarantor in connection with the Indebtedness or in connection with the creation of new or additional
loans or
(D) ?igt ?ti(CI to resort for payment or to proceed directly or at once against any person, including Borrower or any other guarantor;
y against or exhaust any collateral held by Lender from Borrower, any other guarantor, or any other person; (F,} to give
notice of the terms, time, and place of any public or private sale of personal property security held by Lander from Borrower or to comply with
any other applicable provisions of the Uniform Commercial Code; (F) to pursue any other remedy within Lender's power, or (G) to commit any
act or omission of any kind, or at any time, with respect to any matter whatsoever.
Guarantor also wolves any and all rights or defenses arising by reason of (Alarn "
may prevent Lender tram bringing any action, Including a claim for def Glen • ?ak1 *one Guarantor, action" or "beforeefore or cis after law or any other law which
completion of any foreclosure action, eitfter judicially or by exercise of a power of !to , (8) any elbection of remedies Lender 's err which destr dst or
fo by Lender which
or otherwise adversely offsets Guarantor's subrogation rights or Guarantoes rights any election
without Imitation, any loss of rights Guarantor may suffer by reason of any law proceed against Borrower for rnirnbcuidne s; i C) any
disability or other defense of Borrower. of any other guarantor, limiting, , ?++ n of the cessation the
Borrower's a is lie (t any
any cause whatsoever, other than . or of any other person, or by meson of the cessation of Brrowa•s liability from
the basis of u ustiw impairment opayment M full In legal tender, of the Indebtedness; (D) any right to claim discharge of the Indebtedness on
by Larsis any collateral for the Indebtedness; W any statute of limitations, if at any time any action or suit brought
against Guarantor Is commenced, there is outstanding Indebtedness of Borrower to Lander which Is riot barred by any applicable
statute of limitations; or A any defenses given to guarantors at law or in equity other then actual payment and performance of the
Indebtedness. If payment Is made by Borrower, whether voluntarily or otherwise, or by any third party, on the Indebtedness and thereafter
Lender is forced to remit the amount of that payment to Borrower's trustee In bankruptcy or to any similar person under any federal or state
bankruptcy law or law for the relief of debtors, the Indebtedness shall be considered unpaid for the purpose of the enforcement of this Guaranty.
Guarantor further wolves and agrees not to assert or claim at any time any deductions to the amount guaranteed under this Guaranty for any
claim of setoff, counterclaim, counter demand, reeoupment or similar right, whether such claim, demand or right may be asserted by the
Borrower, the Guarantor, or both.
GUARANTOR'S UNDERSTAaD111116 WITH RESPECT TO WAIVERS. Guarantor warrants and agrees that each of the waivers set forth above is
made with Guarantor's M knowledge of its significance and consequences and that, under the circumstances. the waivers are reasonable and
not contrary to public policy or law. If any such waiver fa determined to be contrary to any applicable law or public policy, such waiver shall be
effective only to the extant permitted by law or public policy.
LENDER'S RIGHT OF SETOFF. To the extent permitted by applicable law, Guarantor grants Lander a contractual security Interest m, and hereby
assigns, conveys, doKvom, pledges snd transfers to Lender all of Guarantor's right, title and Interest in and to Guarantor's accounts with Lender
(whether checking, savings or some otter account!, Including without limitation all accounts {told joimty with someone else and all accounts
Guarantor may open in the future, excluding however all IRA and Keogh accounts, and all trust accounts for which the grant of a security
interest would be prohibited by law. Guarantor authorizes Lander, to the extent permitted by applicable law, to charge or setoff all scarfs owing
on the Indebtedness against any and all such accounts and, at Lender's
protect Lender's charge and setoff ts option. to adminlstretivdy freeze all such accounts to allow Lender to
rtgh provided in this paragraph.
SUBORDINATION OF BORROWER'S D9BTS TO GUARANTOR. Guarantor agrees that the indebtedness of Borrower to Lender, whether now
existing or hereafter created, shall be superior to any claim that Guarantor may now have or hereafter acquire against Borrower, whether or not
Borrower becomes insolvent. Guarantor hereby expressly subordinates any claim Guarantor may have against Borrower, upon any account
whatsoever, to any claim that Lender may now or hereafter have against Borrower. In the event of insolvency and consequent liquidation of the
assets of Borrower, through bankruptcy, by an assignment for the benefit of creditors, b voluntary
Borrower applicable to the payment of the claims of both Lender and Guarantor shall be paid to Lander and shall first applied by the assets of
indebtedness of Borrower to Lender. Guarantor does hereby assign to Lender all claims which it may have or acquire against ns Lender to the
?iott Borrower or
against any assigns or trustee in bankruptcy of Borrower; provided however, that such assigron shall only of
asaurtng to Lender full payment In legal tender of the indebtedness. If Lender so any art s or be effective ant for wo purpose
er credlit evidencing any debts or obligations of Borrower to Guarantor shall be marked with a requests, n? or m subject r hereafter
be delivered to Lender. Guarantor agmes, and Lender is hereby legend that the same are subject to this Guaranty and shall
financing statements and continuation statements and to excute suchZother documents and to take sfrom time to time to execute and file
uch other actions Lender dooms
necessary or appropriate to perfect, preserve and enforce its rights under this Guaranty.
MISCELLANEOUS PROVISIONS. The followktg miscellaneous provisions are a part of We Guaranty-
Amsndmerrte. This Guaranty, together with any Related Documents, constitutes the entire understanding and agreement of the parties as
to the matters sat forth in this Guaranty, No alLerstion of or amendment to this Guaranty shall be effective unless given In writing arii
signed by the parry or parties sought to be charged or bound by the alteration or amendment.
Attorneys'
tt ?e s• Expenses. Guarantor agrees to pay upon demand all of Lender's costs and expenses, including Lender's attomsys' fees
legal expenses, incurred in connection with the enforcement of this Guaranty. Lender may hire or pay someone else to help
enforce this Guaranty, and Guarantor shall pay the costs and expenses of such enforcement. Costs and expenses include Lender's
attomeW fees and legal expenses whether or not there is a lawsuit, including attorneys' fees and legal expanses for bankruptcy
procxedings (including efforts to modify or vacate arty automatic stay or Inju notion), appeals, and any anticipated post-judgment collection
services. Ouarantor also shall pay all court costs and such additional tees as may be directed by the court.
Caption Headings. Caption headings in this Guaranty are for convenience purposes only and are not to be used to interpret or define the
provisions of this Guaranty.
Goveming Law. This Ouaranty vA be governed by. oonatrued and enforced In armordame with federal law and the laws of the
Commonwealth of Pannsylvsnta. This Guaranty has been accepted by Lander in the Commonwealth of Pennsylvania.
Choice of Yams. It there is a lawsuit, Guarantor agrees upon Lender's request to submit to the jurisdiction of the courts of Philadelphia
County, Commonwealth of Pannsylvante.
Inagragon. Guarantor further agrees that Guarantor has. read and fully understands the terms of this Guaranty; Guarantor has had the
opportunity to be advised try Guarantor's attorney with respect to this Guaranty; the Guaranty fully reflects Guarantor's Intentions and parol
evidence is not required to interpret the terms of this Guaranty. Guarantor hereby indemnifies and holds Lender harmless from all losses,
claims, damages, and costs (including Lender's attorneys' fees) suffered or Incurred by Lender as a result of any breach by Guarantor of the
(Page 3 of 4)
COMMERCIAL GUARANTY
(Continued)
warranties, representations and agreements of this paragraph.
Page 3
Interpretation. In all cases where there Is more than one Borrower or Guarantor, then all words used In this Guaranty in the singular shall
be deemed to have been used In the plural where the context and construction so require; and where there is more than one Borrower
named in this Guaranty or when this Guaranty is executed by more than one Guarantor, the words "Borrower' and 'Guarantor'
respectively shall mean all and any one or more of them- The words "Guarantor,' wBorrower,' and "Larder" include the }airs, successors,
assigns, and transferees of each of them. If a court finds that any provlolon of this Guaranty Is not valid or should not be enforced, that
fact by Itself will not mean that the rest of this Guaranty will not be valid or enforced. Therefore, a court will enforce the rest of the
provisions of this Guaranty even If a provision of this Guaranty may be found to be invalid or unenforceable. If any one or more of
Borrower or Guarantor are eorperador e, partnerships, limited liability companies, or aknner entities, It Is not necessary for Lender to Inquire
into the powers of Borrower or Guarantor or of the officers, directors, partners, managers, or other agents acting or purporting to act on
their behalf, and any Loan indebtedness made or created in ratance upon the professed exercise of such powers shall be guaranteed under
this Guaranty.
Notices. Unless otftelwise provided by applicable law, any notice required to be given under this Guaranty shall be given In writing, and,
exoait for revocation notices by &mrantor, shall be effective when actually delivered, when actually received by tolefacairrAe (unless
otherwise raqulred by law), when deposited with a nationally recognized overnight courier, or, If mated, when deposited In the United
States mat, as fist close, oertifl d or registered mail postage prepaid, directed to the addresses shown near the beginning of this Guerartty.
All revocation notices by Guarantor shat be In writing and shat be effective upon delivery to Lander as provided In the section of this
Guaranty entitled 'DURATION OF GUARANTY.' Any party may change he address for notices under this Guaranty by giving formal written
notice to the other pandas, specifying that the purpose of the notice is to change the party's address. For notice purposes, Guarantor
agrees to keep Lander informed at all tines of Guarantor's current address. Unless otherwise provided by applicable low, if there is more
than one Guararrtor, any notice given by Lender to any Guarantor is deemed to be notice given to at Guarantors.
No Wainer by Lender. Lender shag not be dawned to have waived any rights under this Guaranty unless such waiver is given in writing and
signed by Lander. No delay or omission on the part of Lender In exercising arty right ahem operate as a waiver of such right or any other
right. A waiver by Lender of a provision of this Guaranty shall not prejudice or constitute a waiver of Lender's right otherwise to demand
strut compliance with that provision or any other provision of this Guaranty. No prior waiver by Lender, nor any course of dealing between
Lander and Guarantor, shall constitute a waiver of any of Lender's rights or of any of Guarantor's obligations as to any future transactions.
Whenever the consent of Lender is required under this Guaranty, the granting of such consent by tender in any Instance shalt not constitute
condreft consent to subsequent instances where such conseht is required and in all cases such consent may be granted or withhold in
the sole discretion of Lander.
Successors and Assigns. The terms of this Guaranty shall be binding upon Guarantor, and upon Guarantor's heirs, personal
representatives, successors, and assigns, and shall be enforce" by Lender and Its successors and assigns.
WAIVER OF JURY TRIAL. GUARANTOR IRREVOCABLY WAIVO ANY AND ALL RIGHT GUARANTOR MAY HAVE TO A TRIAL UY JURY
IN ANY ACTION, PRO(EMING OR CLAIM OF ANY NATURE REAMING To THIS GUARANTY, ANY RiE.ATED DOCUMENTS. OR ANY
DOCUMENTS EXECUTED IN CONNECTION WITH THE GUARANTY OR ANY TRANSACTION CONTEMPLATED IN ANY OF SUCH
DOCUMENTS. GUARANTOR ACKNOWLEDGES THAT THE FOREGOING WAIVER IS KNOWING AND VOLUNTARY.
LMITED RECOURSE AS TO MON-APPLICANT SPOUSE. Notwithstanding anything contained herein to the Contrary, It is agreed that, unless an
exception to the requirements of Regulation B of the Board of Governors of the Federal Reserve System applies in connection with the extension
of the Indebtedness and the wxmition of this Guaranty, the spouse who is deemed not to be the "applicant for credit" for purposes of such
regulation (the 'Non-Apploont Spouse*) shag be personally Sable under this Guaranty only with respect to assets held jointly as of the data
hereof or hereafter acquired, and the lion of any judgment, order or other relief against the Non-Applicant Spouse shot be limited thereto.
Nothing herein, however, shall [knit the Lender's rights against any person, firm or entity other then the Non-Apptcont Spouse.
AUTHORIZATION TO OBTAIN CREDIT REPORTS. It the- Guarantor hsiare an individual(s), by signing below, the undersigned Individual(s),
provides written authorization to Lander or its design" (and any assignee or potential assignee hereof) to obtain his/IaNtheir personal credit
profile(s) from one or more national credit bureaus. Such authorization shall extend to obtaining a credit profile(s) In considering any extension
of credit to the Borrower or the Guarantor and subsequertly for the purposes of update, renewal or extension of such credit or additional credit
and for reviewing or collecting the resulting account. A photocopy or faceimte copy of this aut oMhetion shat be valid as the original. By
signature below, lMe affirm mylour idemity as the respective individuals Identified In this Guaranty.
DEFINITIONS. The following capitallmd words and towns slat have the following meanings when used In this Guaranty. Unless spoef(celly
stated to the contrary, all references to dollar amounts shall mean amounts in lawful money of the United States of America. Words and tams
used in the singular shall include the plural, and the plural shall include the singular, as the context may require. Words and terms not otherwise
defined In this Guaranty shall have the meanings attributed to such terms in the Uniform Commercial Code:
Borrower. The word 'Borrower' means iNFRATECH INDUSTRIES, INC. and includes all co-signers and co-makers signing the Note.
Guarantor. The word "Guarantor" means each and every person or entity signing this Guaranty, Including without [imitation JOHN B.
HESS.
Guaranty. The word "Guaranty" means the guaranty from Guarantor to Lender, Including without limitation a guaranty of all or part of the
Note. Borrower's indebtedness to Lender as more particularly described in this Guaranty.
Indebtedness. The word 'Indebtedness' means the Indebtedness evidenced by the Note, or Related Documents, Including at principal and
Interest together with all other Indebtedness and costs and expenses for which Borrower Is responsible under this Guaranty or under any of
the Related Documents. In addition, the word "Indebtedness" Includes all other obligations, debts and liabilities, plus Interest thereon, of
Borrower, or any one or more of them, to Lender, as well as ell claims by Lender against Borrower, or any one or more of them, whether
existing now or later, whether. they are voluntary or involuntary, due or not due, direct or indirect, absolute or contingent; liquidated or
unliq idatted; whether Borrower may be table individually or iomtly with others; whether Borrower may be obligated as a' guarantor, surety,
accommodation party or otherwise; whether recovery upon such Indebtedness may be or hereafter may become barred by any statute of
limitations; and whether such indebtedness may be or hereafter may become otherwise unenforceable.
Lender. The word "Lender" means PNC Bank, National Association, its successors and assigns.
Nate. The word "Nola" means the promissory mote dated S a? •sktoj , in the original p>incfpah amount of $450,000.00
from Borrower to Lender, together with all renewals of, extensions of, modifications of, refinancings of, consolidations of, and substitutions
for the promissory note or agreement.
Rele(ned Documents. The words 'Related Documents' mean all promissory notes, credit agreements, loan agreements, environmental
aamements, guaranties, security agreements. mortgages, deeds of trust, security deeds, oollsterat nwtgagea, and art ether tnaftutnatrts,
agreements and documents. whether now or hereafter wriatino. executed in ennnentten with the tndwhtP,rrwma
(Page 4 of 4)
COMMERCIAL GUARANTY
(Continued) Page 4
Urslorm Commercial Code. The words 'Uniform Commercial Code' means the Uniform CDmrnercial code, as in effect from time to time, in
the appropriate jurisdiotlon.
CONFESSION OF JUDGEMENT. THE GUARANTOR HEREBY EMPOWERS ANY ATTORNEY OF ANY COURT OF RECORD, AFTER THE
OCCURRENCE OF ANY EVENT OF DEFAULT HEREUNDER, TO APPEAR FOR THE GUARANTOR AND, WITH OR WITHOUT COMPLAINT FLED,
CONFESS JUDGMENT, OR A SERIES OF JUDGMENTS, AGAINST THE GUARANTOR IN FAVOR OF LENDER OR ANY HOLDER HEREOF FOR
THE ENTBE PRINCIPAL BALANCE OF THIS GUARANTY, ALL ACCRUED INTEREST AND ALL OTHER AMOUNTS DUE HEREUNDER, 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 $0, THIS NOTE OR A COPY VEI WED BY AFFIDAVIT SHALL BE A
SUFFICIENIT WARRANT, THE GUARANTOR HEIMBY FOREVER WANES AND RELEASES ALL ERRORS N SAID PROCEEDINGS AND ALL
RIGHTS OF APPEAL AND ALL RELIEF FROM ANY AND ALL APPRAISEMENT, STAY OR EXEMPTION LAWS OF ANY STATE NOW N FORCE OR
HEREAFTER ENACTED. INTEREST ON ANY SUCH JUDGMENT SHALL ACCRUE AT THE DEFAULT RATR.
NO SINGLE EXERCISE OF THE FOREGOING POWER TO CONFESS JUDGMENT, OR A 39RES 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 LEADER SHALL ELECT
UNTIL SUCH TIME AS LOWER MALI. HAVE RECEIVED PAYMENT N FULL OF THE DST. INTEREST AND COSTS. NOTIOTHSTAIDING THE
ATTORNEY'S COMMISSION! PROVIDED FOR IN THE PiECEDNG PARAGRAPH (WHICH IS INCLUDED IN THE WARRANT FOR PURPOSES OF
ESTABLISHING A SUM CETTANI, THE AMOUNT OF ATTORNEYS' FEES THAT LENDER MAY RECOVER FROM THE GUARANTOR SHALL NOT
EXCEED THE ACTUAL ATTORNEYS' FEES INCURRED BY LENDER.
GUARANTOR ACKNOWLEDGES HAVING READ ALL THE PROVISIONS OF THIS COMMERCIAL GUARANTY AND GUARANTOR AGREES TO
ITS TERMS. THIS COMMERCIAL GUARANTY IS DATED s- ay • X003 .
THIS GUARANTY IS GIVEN UNDER SEAL AND IT IS INTENDED THAT THIS GUARANTY IS AND SHALL CONSTITUTE AND HAVE THE EFFECT
OF A SEALED INSTRUMENT ACCORDING TO LAW.
GUARANTOR:
ve.EJL7CL?Ogr. krV.t R.a.eYSWin. Ar.Uq. QOM, ggyp. Ik,eni, M 7MflLLK5tl0.116 TW2MInn W2
r . AN
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.
JOHN B. HESS
145 Willow Mill Park Road
Mechanicsburg, PA 17050
Defendant
: ATTORNEYS FOR PLAINTIFF
a _a
•
IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
: CIVIL ACTION - LAW
No. is - a wi ! Tern,
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
-2-
certain rules of the Pennsylvania Rules of Civil Procedure.
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. ATTORNEYS FOR PLAINTIFF
BY: JOHN K. FIORILLO, ESQUIRE
ATTORNEY I.D. No. 55658
BY: NANCY J. GLIDDEN, ESQUIRE =
:PU
r {
ATTORNEY I.D. No. 78961
P.O. Box 515
WEST CHESTER, PA 19381-0515
610-692-1371 c.' •-
PNC BANK, NATIONAL ASSOCIATION
1600 Market Street
Philadelphia, PA 19103
Plaintiff
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
: CIVIL ACTION - LAW
VS.
JOHN B. HESS
145 Willow Mill Park Road
Mechanicsburg, PA 17050
Defendant
No. it) Iv i l Tem
AFFIDAVIT OF JOHN KUBALA
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF PHILADELPHIA
SS.
JOHN KUBALA, 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 Exhibits attached to the Complaint are
true and correct copies of the originals.
/? 4 -'-
JOHN BALA
SWORN TO and SUB,'CRIBED
before m this day
of , 2010.
,.nUN WEAL Tt7 OF PE S LVANIA
- ?Y.. 6%
-7 NO Y PUBLIC r,ty off!;
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.
JOHN B. HESS
145 Willow Mill Park Road
Mechanicsburg, PA 17050
Defendant
: ATTORNEYS FOR PLAINTIFF
C ? .J
?a
?7rr;- v MI
nrn
L
-z,
i
• - ="
=c
am
IN THE COURT OF COMMON PLE CD
: CUMBERLAND COUNTY, PENNSYLVANIA
: CIVIL ACTION - LAW
: No. 10 - i V I 1 -Frm
AFFIDAVIT OF DEFAULT
COMMONWEALTH OF PENNSYLVANIA
SS.
COUNTY OF PHILADELPHIA
JOHN KUBALA, 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 "B" in that payment has not been made to Plaintiff in
accordance with the terms thereof, as a result of which the amount of $497,893.81 plus interest
from February 8, 2010 is due and owing.
/-
SWORN TO and SUBSCRIBED JOLT KUBALA
before this o day y
of 14 4 , 2010.
/ ?? ,r.::..nwnivC61 TM nr PFAINSYLVANlA
VA KWQ$1
NOT Y PUBLIC r1ty of,Ph
11
Nay G',-m!qSIOh xftes MerCh
_-.. ,
___ ,,.,
?. - ,
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.
JOHN B. HESS
145 Willow Mill Park Road
Mechanicsburg, PA 17050
Defendant
: ATTORNEYS FOR PLAINTIFF
P3
cn
CD <
IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
: CIVIL ACTION - LAW
No. {o -?cNyi l Term
AFFIDAVIT OF BUSINESS TRANSACTION
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF PHILADELPHIA
SS.
JOHN KUBALA, 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 o presidential purposes.
JO K BALA
SWORN TO and SCRIBED
before MR this day
of .2-010.
'=VA KWNIi&MSEAI
Y PUBLI City of Nab"
i yMy Cnmmission xpires March
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.
JOHN B. HESS
145 Willow Mill Park Road
Mechanicsburg, PA 17050
Defendant
: ATTORNEYS FOR PLAINTIFF
cr
,
{
Z7 Y l
-< o
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
: CIVIL ACTION -LAW
: No. 10 - aa3gV11 Tam
AFFIDAVIT OF INCOME
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF PHILADELPHIA
SS
JOHN KUBALA, 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 upon
information and belief, states that the income of the individual Defendant, John B. Hess exceeds
$10,000.00 per year.
SWORN and S CRIBED
U3S
befo me this
14 day of
.2010.
n
Y PUBLIC JO UBALA
COMMONWEALTH OF PENNSYLVA IA
TEVArKWASSORS ? SEAL
4 PdliQc yft
Phi la.
ion pares 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 51.5
WEST CHESTER, PA 19381-0515
610-692-1371
PNC BANK, NATIONAL ASSOCIATION
1600 Market Street
Philadelphia, PA 19103
Plaintiff
VS.
JOHN B. HESS
145 Willow Mill Park Road
Mechanicsburg, PA 17050
Defendant
: ATTORNEYS FOR PLAINTIFF
cm L.J
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IN THE COURT OF COMMON PLEAS CD
: CUMBERLAND COUNTY, PENNSYLVANIA
: CIVIL ACTION - LAW
:No. 16 -DAI5? O_AvilTejim
AFFIDAVIT OF NON-MILITARY SERVICE
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF PHILADELPHIA
ss.
JOHN KUBALA, 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 to the
best of his knowledge, information and belief, the above-named defendant is not in the military
or naval service of the United States or its allies or otherwise within the provisions of the
Soldiers and Sailors Civil Relief Act of 1940 and/or its amendments; and that the last known
address of the above-named individual defendant is as follows:
John B. Hess
145 Willow Mill Park Road
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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.
JOHN B. HESS
145 Willow Mill Park Road
Mechanicsburg, PA 17050
Defendant
ss.
AFFIDAVIT OF ADDRESSES
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF PHILADELPHIA
JOHN KUBALA, 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
addresses of the Plaintiff and Defendant are as follows:
Plaintiff
PNC Bank, N.A.
1600 Market Street
Philadelphia, PA 19103
SWORN TO and SUBSCRIBED
before this day
of f , 2010.
/L?%
NO ARY PUBLIC
: ATTORNEYS FOR PLAINTIFF
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IN THE COURT OF COMMON PLEA _
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
No. a ?VIITerfvi
Defendant
John B. Hess
145 Willow Mill Park Road
Mechanic burg, VA 17050
JO KU ALA
:,VAONVffALTH OF PENNSYLVANIA
NOTARIAL SEAL Pubnc
=VA KWA$IBQRSM, Notary city of PMladelp da, Phila.
j_ mmission Expires March 1
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
: ATTORNEYS FOR PLAINTIFF
PNC BANK, NATIONAL ASSOCIATION
1600 Market Street
Philadelphia, PA 19103
Plaintiff
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
: CIVIL ACTION - LAW
vs.
No. 10 - ivil Iran
JOHN B. HESS
145 Willow Mill Park Road
Mechanicsburg, PA 17050
Defendant
TO: JOHN B. HESS
145 Willow Mill Park Road
Mechanicsburg, PA 17050
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.
Dated: 4ri 1 5 , 2010
DAVID D. BUELL PROTHONOTARY
CUMBERLAND COUNTY, PENNSYLVANIA
Deputy
UNRUH, TURNER, BURKE & FREES, P.C.
BY: JOHN K. FIORILLO, ESQUIRE
ATTORNEY I.D. NO. SS6S8
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
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ATTORNEYS FOR PLA~INTIrFF ^''~'~Y
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: IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION -LAW
VS.
No. 10-2234
JOHN B. HESS
145 Willow Mill Park Road
Mechanicsburg, PA 17050
Defendant
CERTIFICATE OF SERVICE OF THE NOTICE UNllER 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 April 26,
2010:
John B. Hess
145 Willow Park Road
Mechanicsburg, PA 17050
Certified Mail, Return Receipt
Requested, Restricted Delivery
No. 7008 1300 0000 5107 9630
True and correct copies of the certified mail receipts and 2958.1 Notices are attached.
Date: J 3 ~0
UNRUH, TURNER,/BU & FREES, P.C.
By:
John K. F orillo, Esquire
Nancy J. Glidden, Esquire
Attorney for Defendant
P.O. Box 515
West Chester, PA 19381-0515
Attorney I.D. No. 55658/78961
610-692-1371
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
V S.
JOHN B. HESS
145 Willow Mill Park Road
Mechanicsburg, PA 17050
Defendant
ATTORNEYS FOR PLAINTIFF
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION -LAW
No. 10-2234
NOTICE UNDER RULE 2958.1 OF JUDGMENT
AND EXECUTION THEREON
NOTICE OF DEFENDANT'S RIGHTS
Via Certified Mail, Return Receipt Requested, Restricted Delivery
No. 7008 1300 0000 5107 9630
To: JOHN B. HESS
145 Willow Mill Park Road
Mechanicsburg, PA 17050
A judgment in the amount of $497,893.81 has been entered against you and in favor of the
Plaintiff without any prior notice or hearing based on a confession of judgment contained in a written
agreement or other paper allegedly signed by you. The sheriff may take your money or other property
to pay the judgment at any time after thirty (30) days after the date on which this notice is served on
you.
You may have legal rights to defeat the judgment or to prevent your money or property from
being taken. YOU MUST FILE A PETITION SEEKING RELIEF FROM THE JUDGMENT AND
PRESENT IT TO A JUDGE WITHIN THIRTY (30) DAYS AFTER THE DATE ON WHICH THIS
NOTICE IS SERVED ON YOU OR YOU MAY LOSE YOUR RIGHTS.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT
HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS
OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER.
IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAYBE ABLE TO
PROVIDE YOU WITH 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
UNRUH, TURNER, BURKE & FREES, P.C.
Date: ~ ~ By:
John K. Fio 'llo, Esquire
Nancy J. Glidden, Esquire
Attorney for Plaintiff, PNC Bank, N.A.
P.O. Box 515
West Chester, PA 193 81-0515
Attorney I.D. No. 55658/78961
610-692-1371
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^ Complete items 1, 2, and 3. Also complete Sig ~ ~~--'
item 4 H ResMcted Delivery is desired. X
^ Print your name and address on the reverse
30 that we can return the card to you... g. ReceNed by (panted Name)
^ Attach this card to the back of the mailpiece, G PA 1 ~
or on the front if space permits.
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1. Article Addressed to: If YES, a slivery addre~4tr
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of Delivery
No
John B. Hess
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Mechanicsburg, PA 17050
3. Service Type
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^ Registered ~ Return Receipt for Merchandise
^ Insured Mail ^ C.O.D.
4. Restricted DelNery7 (Extra Fee) ~%Y~
2. Article Number 7 t] D 8 13 0 D A D O l7 51 D 7 9 6 3 0 -.~~~r,,(~.
(Transfer from service label) r' ~~ f ~ `~ y-a r ~ ,
PS Form 3811, February 2004 Domestic Return Receipt 102595-02-M-1540 ;
Return Receipt Fee
(Endorsement Requred)
Restdcted Delivery Fee
(Endorsement Required)