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HomeMy WebLinkAbout10-2260UNRUH, TURNER, BURKE & FREES, P.C. ATTORNEYS FOR PLAINTIFF n n ; BY: JOHN K. FIORILLO, ESQUIRE { ATTORNEY I.D. NO. 55658 s? BY: NANCY J. GLIDDEN, ESQUIRE ATTORNEY I.D. No. 78961 ` P O Box 515 -r - . . WEST CHESTER, PA 19381-0515 r C ) 610-692-1371 p (J'% 1 PNC BANK, NATIONAL ASSOCIATION 1600 Market Street Philadelphia, PA 19103 Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW VS. INFRATECH INDUSTRIES, INC. 145 Willow Mill Park Road Mechanicsburg, PA 17050 Defendant : No. I W iV i 1 1a°r m 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 $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. / Llo UNRUH, TURNER, URKE & FREES, P.C. Date: 3 <?l By: John K. Fiorillo, Esquire Nancy J. Glidden, Esquire AT't-I Attorneys for Defendants Xt 37(01U9 9 0? 37 e- 39 q53 KAM klx? 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. INFRATECH INDUSTRIES, INC. 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, Infratech Industries, Inc. is a Pennsylvania Corporation 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. 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 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, Infratech Industries, Inc., 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. UNRUH, TURNER, BURKE & FREES, P.C. Date: 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 7) Em U.S. Small Business Admiaistmtitrn NOTE SSA Loan # PLP 74388940-10 SBA Loan Name WRATECH INDUSTRIES, INC. Date Jr' 2- 1/ "2 0D tf Loan Amount 450,000,00 Interest Rate FLOATING AT WSJ PLUS 2.00% RESULTING IN AN INITIAL INTEREST RATE 6.00% Borrower INFRATECH INDUSTRIES, INC. Operating Company Lander PNC BANK Negonal Assocladon 1. PROMISE TO PAY, In return for the Loan, Borrower promises to pay to the order of Leader the amount of FOUR HUNDRED FIFTY THOUSAND-- Dollan, interest on the unpaid principal balance, and all other amounts required by this Note. 2. DEFINITIONS: "Collateral" means any property taken as security for payment of this Note or any guarantee of this Note "Guarantor' means each person or entity that sigos a guarantm of payment of this Note. "Loan" means dw loan evidenced by this Note, "Loan Doeumenta" manna the documents related to this loan signed by Borrower, any Guarantor, or anyone who pledgps collateral. "SBA" means the Small Business Administration, an Agency of the United States of America. SBA Form 147 (OBfaM WSW 4.1 Pape 116 Bankers Systerns, Ina, 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 Note are: This Note will mature in 8 years and 9 months from date of Note. The initial interest rate on this Note will fluctuate. The Initial Interest rate is 6.00% per year. Thls Initial rate is the prime rate on the date SBA received the loan application, plus 2.00. The interest rate must remain in effect unto 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 thereafter; 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; payments 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, Men 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 Rate° is the prime rate in etfect on the first business day of the month in which the an interest rate change occurs, as published in the Wall Street Journal on the next business day. The adjusted Ingest rate will be 2.00% above the Prime Rate. Lender will adjust the interest rate on the first calendar day of each change period. The change In Interest rate is effective on that day whether or not Lender gives Borrower notice of the change. The Initial interest rate must remain in effect until the first change period begins. Lender must adjust the payment amount at least annually as needed to amortize principal over the remaining term of the note. If SSA 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 uncurled payment defatdt, the rate becomes fixed at the rate in ~ at the time of purchase. All 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 10 days fate, Lender may charge Borrower a late fee of up to 5% of the unpaid portion of the regularly scheduled payment. Loan Prepayment: Notwithstanding any provision In this note to the contrary: Borrower may prepay this Note. 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 market, Borrower must a. Give Lender written notice; seaF= u7 (oelo=) varioe 4S F"a a Bankers Systems, hr., SL Cloud, MN (Page 3 of 7) SBA 147: Note Page 2 Continuation Continuation of °..." b. Pay all accrued Interest; and C. If the Prepayment is received less than 21 days from the date Lender receives the notice an amou equal to 21 days interest from the date Lender receives the notice less any interest accrued during the 2 nt days and Palo under subparagraph b., above. If Borrower does not PrgMY within 30 days from the date Lender receives the notioe, Boi7ower must give Lender a new notice. Page 1 Bankers Systems, Inc., St. Cloud, MN (Page 4 of 7) 4. DEFAULT: Borrower is in dc&& under this Note if Borrower does not make a payment when due under this Note, or if Borrover or Dpi Company, A Fails to do anything requiredby this Note and otber Loan Documents; B. Defkalts on any other loans with Lender; C. Does not prwerva, or account to Lender's sati kwm for, any oftlre Couateral or its proceeds; D. Does not dfscWM or anyone acting on their behalf does not disclose, any material fact to Larder or SBA; E. Makes, our anyone acting on, their behalf makes, a materially false or misiesdfng representation to Lender or SBA; F. Defaults on any loan or agreement with another arctiitor, if Lender believes the default may materially affect Borrower's ability to pay this Note CL Fails to pay any taxes when due; H. Becomes the subject of a proceeding under any beakrtiptcy or insoly L Has a receiver or li9ctd or p law appointed for any part of their business or properq, L Makes an assignment for the beandh of creditors; K Has any. adverse change in Imancsal condition or business operation that Lender believes may materially affect Borrower's ability to pay this Note; L. Reorganizes, merges, conwildabes, or otherwise changes ownership or business structure without Le ndces prior. written consent; or M. Becomes the subject of a cavil or criminal action that Lender believes may materially affect Borrower's ability to pay this Note. 5. LENDER'S RIGHTS IF THERE IS A DEFAULT: Without notice or demand and without giving up any of its rights, Lender may: A. Require immediate payment of all amounts owing under this Note; B. ColIect all amounts owing ftorn any Borrower or Guarantor, C. ]:ile suit and obtain judgment; D. Take passesslon of say Collateral; or E. Sell, least, or othaMse dispose o£ any Collateral at public or private sale, with or without advertisement (i. LENDER'S GENERAL POWERS: Without notice and without Borrower's consent, Lender may: A. Bid on or buy the Collateral at its sale or the sale of another lfcdwlder, at any price it gooses; B. Incur expenses to coilect amounts due under this Note, enfonte the teruma of this Note or any other Loan Document, and preserve or dispose of the CollateraL Among other things, the expenses may include payments for property taxes, prior liens, insaramce, appraisals„ environmental mmediation costs, and reasonable attorney's fees and costs. IfLarder Inns such expenses, it may demand irnmodiate repayment froth Borrower or add the expet>ses to the principal balance; C. Release anyone obligated to pay this Note; D. ComPramist, release, resew, extend or substitute any of the Collateral; and E. Take any action necessary to prntect the Collateral or collect amounts owing on this Note; SBA Form 147 (06/o=21 vsr gort 4.1 1wpage= Bar*m System, I=., St. (`in.+W, MN (Page 5 of 7) 1 7. WHEN FEDERAI, LAW APPLIES: When SBA Is the holder; this Note will be Werprcftd and anAmed under federal law, inoXft SBA regulatidms. Lender or SBA may use state or Iacal procedures for filing Papers, recording documents, lions, and atherpzuposea By Using giving such pi+o=&jvq, SBA does not waive any federal immunity from state or local 0oaL1 L PeaAltY. t84 or lkbfl y. As to this Note, Borrower may not claim or assert against SBA any local or state law to deny any obligation, defeat any claim of SBA, or preempt federal law. 8. SUCCESSORS AND ASSIGNS: Under this Note, Borrower and Operating Company rude and assigns, saccs of each, and Leader includes its sots 4. GENERAL PROVISIONS: A. All individuals and entities signing this Note are jointly and severally liable. B. Borrower waives all surotft defenses. C. Borrower moat hiss all dommenb necessary at any time to comply with the Loan Doaunents and to enable Leader to acqulrq pertirct, or maintain Lender's liens on Collateral. D. Lender may exercise any of its rights separately or fir, as may delay or forp ?Y t? and is anry order It chooses. I-enkkr enfOrang any of its rights without shrug up any ofthem. R Borrower may not use an oral staftmurt of Lender or SBA to contradict or alter the wrW= terms oftbis Note, F. If any Part of this Note is unenforceable, all other parts rawdn in effect G. To the extent allowed by law, Borrower waives an dads and notices in Coaawdon With this presentment, demand, Proms and notke of dishonor. Borrower Also Waives any of basedNpq including upcn , my claim that Leader did not obtain any guarantee; did not obtain Collateral; or did not obtain the fair ' ?f?' min a lien upon Collateral; impaired market value of Collateral at a a sale. SBA Fora 147 tb8MM2) Varstoa 4.1 Page 416 Bankers Systedra, Inc., St. Cloud, MN (Page 6 of 7) 10. STAT&SPECIFIC PROVISIONS: 1. POWER TO CONFESS JUDGMENT. UNDERSIGNED HEREBY EMPOWERS ANY ATTORNEY OF ANY COURT OF RECORD, AT ANY TIME AFTER THE OCCURRENCE OF ANY EVENT OF DEFAULT HEREUNDER, TO APPEAR FOR THE UNDERSIGNED AND, WITH OR WITHOUT COMPLAINT FILED, CONFESS JUDGMENT, OR A SERIES OF JUDGMENTS, AGAINST THE UNDERSIGNED IN FAVOR OFTHE LENDER ORANY HOLDER HEREOF FOR THE ENTIRE PRINCIPAL BALANCE OF THIS NOTE, ALL ACCRUED MITEREST AND ALL OTHER AMOUNTS DUE HEREUNDER, TOGETHER WITH COSTS OF SUITAND AN ATTORNEYS COMMISSION OF 40% OF SUCH PRINCIPAL AND INTEREST ADDED AS A REASONABLE ATTORNEYS FEE, AND FOR DOING 80, THIS NOTE OR A COPY VERIFIED BYAFFIDAVI T SHALL BE A SUFFICIENT WARRANT. THE UNDERSIGNED HEREBY FOREVER WANES AND RELEASES ALL ERRORS IN SAID PROCEEDINGS AND ALL RIGHTS OF APPEAL AND ALL RELIEF FROM ANY AND ALL APPRAISEIENT, STAY OR EXEMPTION LAWS OF ANY STATE NOW N FORCE OR HEREAFTER ENACTED. JUDGMENT MAY BE CONFESSED FROM TIME TO TIME UNDER THE AFORESAID POWER TO CONFESS JUDGMENT AND NO SINGLE EXERCISE OF THE FOREGOING POWER TO CONFESS JUDGMENT, OR A SERIES OF JUDGMENTS, SHALL BE DEEMED TO EXHAUST THE POWER, WHETHER OR NOT ANY SUCH EXERCISE SHALL BE HELD BY ANY COURT TO BE INVALID, VOIDABLE, OR VOID, BUT THE POWER SHALL CONTINUE UNDIMINISHED AND IT MAY BE 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. Goverrimg Law, Judediction. This Note will be intsrprated and the rights and liabilities of the parties hereto determined in accordance with the laws of Ere Commonwealth of PenneyAva 4 exc uding its corriict of laws rules. The Undersigned hereby Irrevocably consents to The eowkwivs jurbactian of the Courts of Common Pleas of the OnnvnoMMalth of Pennsylvards and the United States District Court for the Middle Dlstrid of Pennsylvania; provided that nothing conlained In this Notewilt prevent the Lender or any holder hered1tom b rir*V any adion, enfor ft any award or judgmeru or Owdshng any rights against the Undersigned, against any sm tty or agdw any property of the Undersigned within any other county, slate or othertbmign or domes0c juriadietbn. The Undersigned agrees that the venue provided above is the most convenient forum for both the Fender and the Undersigned and the Undersigned waives any objection to venue and any objection based on a more convenient forum. In any action instituted under this Note. The Underaigned agrees that service of process in any such proceeding may be duly effected upon the UnderalMed by mailing a copy thereof by registered mall, 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 RELA71NG TO THIS NOTE, ANY DOCUMENTS EXECUTED IN CONNECTION WITH THIS NOTE OR ANY TRANSACTION CONTEMPLATED IN ANY OF SUCH DOCUMENTS. THE UNDERSIGNED ACKNOWLEDGES THAT THE FOREGOING WAIVER LS KNOWING AND VOLUNTARY. SBA Form 147 (OM =2) Version 4.1 Page So Bankers Systems, Inc., St. Cloud, MN (Page 7 of 7) 11. BORROWER'S NAME(S) AND SIONATURE(S): By signing below, each individual or entity beoomes obligated under this Note as Borrower. INFRATECH INDUSTRIES, INC. E`2 x'07 SBA Fa m 447 (OMOSIM verdan 4.4 Page eye Bankers Systems, Inc., St. Claud, MN UNRUH, TURNER, BURKE & FREES, P.C. ATTORNEYS FOR PLAINTIFF C o BY: JOHN K. FIORILLO, ESQUIRE , a ATTORNEY I.D. No. 55658 r BY: NANCY J. GLIDDEN, ESQUIRE F - ATTORNEY I.D. No. 78961 P.O. Box 515 - - ?? WEST CHESTER, PA 19381-0515 F_ 610-692-1371 c ' PNC BANK, NATIONAL ASSOCIATION 1600 Market Street Philadelphia, PA 19103 Plaintiff vs. IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW No. 10 -,2AW tvil-ErIn INFRATECH INDUSTRIES, INC. 145 Willow Mill Park Road Mechanicsburg, PA 17050 Defendant 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 Bit FREES, P.C. ATTORNEYS FOR PLAINTIFF a BY: JOHN K. FIORILLO, ESQUIRE IS_ ,? © - ATTORNEY I.D. No. 55658 t ~a BY: NANCY J. GLIDDEN, ESQUIRE ;. , c n ATTORNEY I.D. No. 78961 .: - ` P.O. Box 515 -"_ -< WEST CHESTER, PA 19381-0515 610-692-1371 .a .? PNC BANK, NATIONAL ASSOCIATION 1600 Market Street Philadelphia, PA 19103 Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW VS. iNFRATECH INDUSTRIES, INC. 145 Willow Mill Park Road Mechanicsburg, PA 17050 Defendant . No. I 0 - ola(o0 ?1V i l?P,l'Ir1 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 Exhibit attached to the Complaint is a true and correct copy of the original. JO J K BALA SWORN TO and SCRI$ED before this day of i^ )W f11 ? /-/ '2010. 1 COMMONWEALTH OF PENNSYLVANIA N RY PUBLIC NOTARIAL SEAL EVA KWASIBORSKI, Notary Public City of Phlladel his, Phila. County tcb 9, 2011 UNRUH, TURNER, BURKE Bit 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. INFRATECH INDUSTRIES, INC. 145 Willow Mill Park Road Mechanicsburg, PA 17050 Defendant : ATTORNEYS FOR PLAINTIFF c ll. r Z? a r2I ON : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : No. 1 b - -60 ;Val I&rm AFFIDAVIT OF DEFAULT 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 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 $497,893.81 plus interest from February 8, 2010, is due and owing. SWORN TO and SUBSCRIBED before e this 2 day of e 10. NOT /K PUBLIC CONii ONWEAL..TH OF PENNSYLVANIA NOTARIAL SEAL z-' VA KWASIBORSKI, Notary Public City of Phil ade hia, Phila. County X11 res arc M UNRUH, TURNER, BURKE & FREES, P.C. ATTORNEYS FOR PLAINTIFF ? ° BY: JOHN K. FIORILLO, ESQUIRE ATTORNEY I.D. No. 55658 BY: NANCY J. GLIDDEN, ESQUIRE cs 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 : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION -LAW vs. INFRATECH INDUSTRIES, INC. 145 Willow Mill Park Road Mechanicsburg, PA 17050 Defendant : No. - a XaD w; ( 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 den tial purposes. transactions and were not entered into for family, persoIY77 JO V KUBALA SWORN TO and SUBSCRIBED befor???je this day 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. INFRATECH INDUSTRIES, INC. 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. 0 - oUIDD ) ;v; ) Teri+ AFFIDAVIT OF ADDRESSES 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 addresses of the Plaintiff and the Defendant are as follows: Plaintiff PNC Bank, N.A. 1600 Market Street Philadelphia, PA 19103 Defendant Infratech Industries, Inc. 145 Willow Mill Park Road Mech icsburg, PA 17050 A" - JO KUBALA SWORN TO and S BSCRIBED before this day o s , 2010. N ARY PUBLIC L.s?w?Fd n+WgC. TH OF PENNSYLVANIA NOTARIAL SEAL Public KWASIBORSKI, Notary dtc? o` Philadelphia, Phila. County 2(. Expires Mach p _`,mission 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. INFRATECH INDUSTRIES, INC. 145 Willow Mill Park Road Mechanicsburg, PA 17050 Defendant TO: INFRATECH INDUSTRIES, INC. 145 Willow Mill Park Road Mechanicsburg, PA 17050 NOTICE : ATTORNEYS FOR PLAINTIFF IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW No. 16 -&2inn vt[Ter vn 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: , 2010 DAVID D. BUELL, PROTHONOTARY CUMBERLAND COUNTY, PENNSYLVANIA Deputy 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. INFRATECH INDUSTRIES, INC. 145 Willow Mill Park Road Mechanicsburg, PA 17050 Defendant „~„ F~? f~~: ~~~- a ~ `"`'<<~~Y ATTORNEYS FOR PLAINTIF G' i '~ ~ , . E i a",'t't ~~'~ _.. ~y,h IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW No. 10-2260 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 April 26, 2010: Infratech Industries, Inc. 145 Willow Park Road Mechanicsburg, PA 17050 Certified Mail, Return Receipt Requested, Restricted Delivery No. 7008 1300 0000 5107 9609 True and correct copies of the certified mail receipts and 2958.1 Notices are attached. UNRUH, TU ER, B RKE & FREES; P.C. Date: .J ~u~ ~ By: John K. iorillo, 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 Mazket Street Philadelphia, PA 19103 Plaintiff VS. INFRATECH INDUSTRIES, INC. 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. 10-2260 NOTICE UNDER RULE 2958.1 OF JUDGMENT AND EXECUTION THEREON NOTICE OF DEFENDANT'S RIGHTS Via Certified Mail, Return Receipt Requested, Restricted Delivery No. 70081300 0000 5107 9609 To: INFRATECH INDUSTRIES, INC. 145 Willow Mill Pazk 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 sheriffmay 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 MAY BE 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 Date: UNRUH, TURNER, BURKE & FREES, P.C. By: John K. Fiori o, Esquire Nancy J. Glidden, Esquire Attorney for Plaintiff, PNC Bank, N.A. P.O. Box 515 West Chester, PA 19381-0515 Attorney I.D. No. 55658/78961 6] 0-692-1371 .~ D' ~ ~ •: ~ ~ ~ s ~ - ~ Postage $ ~ ""'`Y Certified Fee ~~ 1 ~ Return Receipt Fee ,~~ ~ rk ~ (Endorsement Required) ~ ~ ~ ; ;~ ~• ~. ~el. ~ Restricted Delivery Fee (Endorsement Required) ,~ O ~ Total Postage & Fees ~ ,-:..' m Sent 7b ~ 145 Wilbw Park Road ~ street, Apt. No.; 101ec~ianiesburg, ~A '17050 0 or PO Box No. City, State, ZlP+4 ^ Complete items 1, 2, and 3. Also complete ftem 4 if Restricted Delivery is desired. ^ Print your name and address on the reverse so that we can return the card to you. ^ Attach this card to the back of the maitpiece, or on the front if space permits. 1_ Article Addressed to: Infratech Industries, Inc. 145 Willow Park Road Mechanicsburg, PA 17050 2. Article Number (Transfer from servke labeQ PS Form 3811, February 2004 A. ^ Agent X ^ Addre . y by (Printed Name) ~,,' C. t,~eDelivery . Is delivery address from stern 1? ^ Yes If YES, enter del ~e~r address tt~tow: ^ No f... ~\ ~; I r ~y1 3. Service Type ~~~ ~Certitied Mail ^ F~ress Mail ^ Registered ~etum Receipt for Merchandise ^ Insured Mail C.O.D. 4. Restricted Delivery? (Extra Fee) L~~(e -r~-~-r-^-- 7~08 130 oaao 5107 960 ~,~,~~ 102595A2-M-1540 UNRUH, TURNER, BURKE & FREES, P.C. BY: JOHN K. FIORILLQ, ESQUIRE ATTORNEY I.D. NO. 55658 BY: NANCY J. GLIDDEN, ESQUIRE ATTORNEY I.D. No. 78961 P.O. BQx 515 WEST CHESTER, PA 19381-0515 610-692-1371 PNC BANK, NATIONAL ASSOCIATION 1600 Mazket Street Philadelphia, PA 19103 Plaintiff VS. INFRATECH INDUSTRIES, INC. 145 Willow Mill Pazk Road Mechanicsburg, PA 17050 Defendant ATTORNEYS FOR PLAINTIFF C ~' N ~ ~= :~_; ~ ~ t-n :~ ~' -~-t u -~ -- 7- 1~~ IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW No. 10-2260 PRAECIPE FOR WRIT OF EXECUTION UPON A CONFESSED JUDGMENT TO THE PROTHONOTARY: Issue a writ of execution upon a judgment entered by confession in the above matter, (1) directed to the Sheriff of Cumberland County; (2) against INFRATECH INDUSTRIES, INC., defendant; (3) and enter this writ in the judgment index (a) against Infratech Industries, Inc., defendant, for equipment of the defendant's as follows: All business assets belonging to Infratech Industries, Inc., located at 145 Willow Mill Park Road, Mechanicsburg, PA 17050. (4) Amount due Interest continues to accrue from 02/08/2010 at $97.41 per day Attorney's fees Costs to be added $ 346,877.45 #b18.5o Pp ~m a'7.5o e6F a •so ~~ X58.50 - PA ~Y • 50 ~L 120239. t ~N 450f$ ~a~~r9/ 11)ri~F aDF.~ (5) Amount due $ Interest continues to accrue from $ 02/08/2010 at $97.41 per day Attorney's fees $ Costs to be added $ Grand Total: $ 34b,877.45 CERTIFICATION (a) This Praecipe is based upon a judgment entered by confession, and (Delete four of the following paragraphs which are inapplicable) (e) Notice was served in connection with a prior execution on this judgment and, pursuant to Rule 2958.4(b), no further notice required. UNRUH, TURNER, BURKE & FREES, P.C. Date: f ~ ~~ ~ By: Nancy J. lidden, 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 120239.1 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 10-2260 Civil CIVIL ACTION -LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due PNC BANK, NATIONAL ASSOCIATION, Plaintiff (s) From INFRATECH INDUSTRIES, INC., 145 Willow Mill Park Road, Mechanicsburg, PA 17050 (1) You are directed to levy upon the property of the defendant (s)and to sell all business assets belinging to Infratech Industries, INc, located at 145 Willow Mill Park Rd, Mechanicsburg, PA 17050 . (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $346,877.45 L.L. $.50 Interest continues to accrue from 2/8/10 @ $97.41 per day Atty's Comm % Due Prothy $2.25 Atty Paid $58.50 Other Costs Plaintiff Paid Date: 11/26/12 l Davi D. Buell, Prothonotary (Seal) Deputy REQUESTING PARTY: Name :NANCY J. GLIDDEN, ESQUIRE Address: UNRUH, TURNER, BURKE & FREES, P.C. PO BOX 515 WEST CHESTER, PA 19381-0515 Attorney for: PLAINTIFF Telephone: 610-692-1371 Supreme Court ID No. 78961