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HomeMy WebLinkAbout01-1173PNC BANK, NATIONAL ASSOCIATION, Plaintiff NORSOFT, 1NC., Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : No. of-/l : : CONFESSION OF JUDGMENT : CIVIL ACTION - LAW CONFESSION OF JUDGMENT Pursuant to the authority contained in the warrant of attorney, the original or a copy of which is attached to the complaint filed in this action, I appear for the Defendant and confess judgment in favor of the Plaintiffand against Defendant as follows: Principal Other authorized items: Interest to Febmaw 22, 2001 $ 12,320.38 Lien Search Fee $ 65.00 UCC-I Search Fee $ 139.00 Attorney's Commission $ 35,104.36 TOTAL $386,351.95 $338,723.21 Date: Respectfully submitted, SAIDIS, SHUFF, FLOWER & LINDSAY Supreme Court ID #59012 2109 Market Street Camp Hill, PA 17011 (717) 737-3405 PNC BANK, NATIONAL ASSOCIATION, Plaintiff NORSOFT, INC., Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. : : CONFESSION OF JUDGMENT : CIVIL ACTION - LAW COMPLAINT FOR CONFESSION OF JUDGMENT UNDER RULE 2951 1. The name and address of the Plaintiff is PNC Bank, National Association, 4242 Carlisle Pike, Camp Hill, Cumberland County, Pennsylvania 17011. 2. The name and last known addresses of the Defendant is Norsoft, Inc., 3438 Trindle Road, Camp Hill, Cumberland County, Pennsylvania 17011 and c/o Lawrence Berger Knorr, President, 8 Appaloosa Way, Carlisle, Cumberland County, Pennsylvania 17013. 3. Defendant executed and delivered to Plaintiff a Promissory Note ("Note"), a true and correct photostatic reproduction of the original of which is attached hereto as Exhibit "A" and made a part hereof. 4. Defendant is in default of Defendant's obligations to make payment to Plaintiff as required in the Note, and Plaintiff has demanded payment in full of all outstanding amounts as provided in the Note. A copy of Plaintiffs demand is attached hereto as Exhibit "B" and made a part hereof. 5. Judgment is not being entered by confession against a natural person in connection with a consumer credit transaction. There has not been any assignment of the Note. Judgment has not been entered on the Note in any jurisdiction. The amount due to Plaintiff as a result of Defendant's default is as follows: Principal $338,723.21 Interest to February 22, 2001 $ 12,320.38 Lien Search Fee $ 65.00 UCC-1 Search Fee $ 139.00 Attorney's Commission $ 35,104.36 TOTAL $386,351.95 9. Interest continues to accrue at the default rote set forth in the Note. WHEREFORE, Plaintiff demands judgment against Defendant, Norsofi, Inc., as authorized by the warrant of attorney contained in the Note for Three Hundred Eight-Six Thousand Three Hundred Fifty-One and 95/100 Dollars ($386,351.95), plus interest from and including the date of this Complaint and judgment entered hereon at the default rate provided in the Note and costs of suit. Date: Respectfully submitted, SAIDIS, SHU~FF, FLOWER & LINDSAY By' /~'~~-' ' ~S ua~lr yn~)~ do e bu~°~hn~ ~0q~;e 2109 Market Street Camp Hill, PA 17011 (717) 737-3405 FEB 22 2001 15:17 PNC BANK PNC BANK, NATIONAL ASSOCIATION, Plalntiff NORSOFT, IN C., Defendant 7177~R237Z P.03 : IN TI-I[; COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. : CIVIL ACTION - LAW VERIFICATION I, Eric Krimmel, Assistant Vice President, for PNC Bank, National Association, being authorized to do so on behalf of PNC Bank, National Association, hereby verify that the statements made in the foregoing pleading are lrue and correct to tt-e best of my information, knowledge and belief. I understand that false statements herein are mate subject to the penalties of 18 Pa. C.S. Section 4904, relating to unswom falsification to authorities. Date: 2-/2 2 ['0 I PNC BANK, NATIONAL ASSOCIATION Eric Ir. Jimm¢l Assistant Vice President TOTAL P.OZ PROMISSORY NOTE ~rin,'ipBl" !' ::1~0~ 'O,~t~ :'¥?:: :':'M"tdtttY:':'' ': $350,000.00 i 09-09-1999 : 0~0~2000 · ' FRB:~ [ ~ ~ 26581 ~ ~ Ref~enoes in the shaded area ~e far Len~eds uae only and do not limit the ao~l=a~ili~ pt this d~ument to any ;~cuAr loan or item. Borrower: NORSO~, INC. ~IN: ~27~ag7) Lender: PNC BANK, NATION~ AS~CIATION ~ TRIN~ ROAD 4242 CARLISLE PiKE CAMP Hl~, PA 17011 CAMP Hl~, PA 1~01~874 Principal Amount: $350,000.00 Initial Rate: ?.?~0% Date of Note: September 9, 199 PROMISE TO PAY. NORSOFT, INC. ("Borrower") promleee to pay to PNC BANK, NATIONAL ASSOCIATION ("Lender"), or order, in lawh money of the United States of Amerlce, the principal amount of Three Hundred FIf~/Thousand & edll00 Dollars ($350,oed.o0) or so much a may be outstanding, togefoer with interest on the unpaid outstanding prtnclpat balance of each advance, interest shsil De celculated from th date of each advance until repayment of each advance. PAYMENT. Borrower will pay this loan in accomance with the following payment schedule: Borrower will pay regular monthly payments of accrued Interest beginning OCTOBER 9, 1900, and all sohsoquent Interest payments are due on the same day of each month after that. Borrower will pay thio loan in one payment of all outstanding principal plus all accrued unpaid Interest on the Expiration Data. Borrower may borrow, repay and rsi3or~ow ~tereunder until the Expiration Date, subject to the te~e and conditions of this Note. The "Expiration Date" shatl mean SEPTEMBER 9, 200O, or such later date aa may he deSignated by written notice from Lender to Borrower. Borrower ac~mowledgas and agrees that in no event will Lender he under any obligation to extend or renew the loan or this Note beyond the Initial Expiration Date. In no event shall the aggregate unpaid principal amount pt advances under this Note exceed the face amount of this Note. The annual interest rate for this Note is computed on s 3651360 basis; that is, by applying the ratio of the annual interest rate over a year of 360 days multiplied by the outstanding principal balance, multiplied by the actual number of day~ the principal balance is outstanding. Borrower will pay Lende~ at Lender's address shown above or at such other place es Lender may designate in wdting. Unless otherwise agreed or required by applicable law payments will De applied first to accrued unpaid interest, then io principal, and any remaining amount to any unpaid collection costs and late charges. VARIABLE INTEREST RATE. The interest rats on this Note is subject to change from time to time based on changes in an index which is the Lender's pdme rate (the "index"). The index is a rate per annum as publicly announced by Lender from time to time as its prime rate. The prime rate is not tie; to any external rate or index and it does not necessarily reflect the lowest rats of interest actually charged Dy Lender to any particular class or catego~ pt customers. Lender will fell Sorrower the current Index rate upon Borrower's request, Borrower understands that Lender may make loans based on other rates as well The interest rate change will not Occur more often than each day. The Index currently is 8,250% per annum. The interest rata to De applied to the unpaid principal balance of this Note will be at a rate of 0.500 percentage points under the Index, resulting in an Initial rate of 7.750% per annum. NOTICE: Under no circumstances will the interest rate on this Note be more than the maximum rate allowed by appliceble law, PREPAYMENT. Borrower may pay without penally ali or a portion of the amount owed earlier than ii is due. Eady payments will not, unless agreed to Dy Lander in wdting, relieve Sorrower of Borrower's obligation to continue to make payments of accrued unpaid interest. Rather, they will reduce ihs principal balance due. LATE CHARGE. If a payment is 15 days or more late, Sorrower will be charged 5.000% of the unpaid portion of the regularly scheduled payment or $100.00, whichever is less. SEFAU~.T. Sorrower will De in default if any of the following hapl:}ens: rs) Borrower fails to mai<e any payment when due. (b) Borrower breaks any dromise Sorrower has made to Lender, or Sorrower faits to compty with or to pertorm when due any other term, obligation, covenant, or condition contained in this Note or any agreement related to this Note, or in any other agreement or loan Sorrower has w~th Lender. (c) Sorrower dsiaults under any loan, extension of credit, security agreement, purchase or sales agreement, or any other agreement, in favor of any other creditor or person that may materially affect any of Borrower's property or Borrower's ability to repay this Note or perform Borrower's obligations under this Note or soy of the Related DOcuments. rd) Any representation or statement made or turnished to Lender by Borrower or on Borrower's behalf is false or misleading in any material respect either now or at the time made or furnished, re) Borrower becomes insolvent, a receiver is appointed for any part pt Borrower's property, Borrower makes an assignment for the benefit of creditors, or any proceeding is commenced either by Sorrower or against Borrower under any bankruptcy or insolvency laws. (f) Any creditor ides to lake any of Borrower's property on or in which Lender has a lien or security interest. This includes a garnishment of any of Son'ower's accounts with Lender. (g) Any guarantor dies or any of the other events described in this default section occurs with respect to any guarantor of this Note. (h) A material adverse change occurs in Sorrower's financial condition, or Lender believes the prospect of payment or pertormance of the [ndedtsdness is impaired. LENDER'S RIGHTS. Upon default, Lender may, after giving such notices as required by applicable law, declare the entire unpaid principal balance on this Note and all accrued unpaid interest immediately clue, and then Borrower will pay that amount. Upon default, including failure to pay upon final mutually, Lender, at its option, may aisc, if permitted under applicable law, increase the variable interest rate on this Note 5.000 percentage points. The interest rate will not exceed the maximum rate permitted Dy applicable law. Lender may hire or pay someone else to hatD collect this Note if Borrower does not pay. Sorrower also will pay Lender that amount. This includes, subject to any limits under applicable law, Lender's attorneys' fees and Lender's legal expenses whether or not there is a lawsuit, including affomeys' tees sod legal expenses for bankruptcy proceedings (including efforts to modity or vacate any automatic stay or injunction), appeals, anci any anticipated post-judgment cotiaction services. If not prohibited Dy applicable law, Borrower also will pay any court costs, in addition to all other sums provided Dy law. if judgment is entered in connection with this Note, interest will continue to accrue on this Note a~ter judgment at the interest rate applicable to this Note at the time judgment is entered. This Note has I~een delivered to Lender and accepted hy Lender in the Commonwealth of Pennsylvania. If there is a lawsuit, Borrower agrees upon Lender's request to submit to the jurisdiction of the courts of CUMBERLAND County, the Commonwealth of Pennsylvania. Lender and Borrower hereby waive the right to any jury trial In any action, proceeding, or counterclaim brought hy either gender or Borrower against the other. This Nolo she be governed Dy and construed n accordance with the' awe of the Commom~eefth of Pennsylvania. RIGHT OF SE'TOFF. Borrower grants to Lencler a contractual security interest in, sod hereby assigns, conveys, delivers, pledges, and transfers Io LanCer all Borrower's dght, title and interest in and to, Borrower's accounts with Lender (whether checking, savings, or some other account), including without limitation all accounts held iointiy with someone else and all accounts Borrower may open in the future, excluding however all IRA and Keogh accounts, and all trust accounts tor which the grant pt a security interest would be prohibited by law. Borrower authorizes Lender, to the extent permitted Dy applicable law, to charge or setoff all sums owing on this Note against any and all such accounts. LINE OF CREDIT. This Note evidences a revolves line of credit. Advances under/his Note may De rsduestad orally Dy Borrower or Dy an authorized person. Lender may, hut need not, require that all oral requests De confirmed in writing. All communications, instructions, or directions Dy telephone or otherwise to Lender are to De directed to Lencier's office shown above. The tollowing party or parties are authorized to request advances under the line Exhibit "A: F~-B-22-2~l 1'7: ~':3 PNE B'~NK 4242 Carlisle Pike Carap Hill, PA 17011 Eomail: eric.krimmel~pnc.com Assistant Vice Pr~slaent (717) 730-2492 Tel (717) 730-2373 Fax Certified and Regular Mail PNC Capital Recovery Corp. January 9, 2001 Norsofc, Inc. 3438 Trindle Road Camp Hill, PA 17011 In re: Obligor/Obligation Nos.: 31762985-601443625 De~No~o~ ~c.: As you know, you are obligated to PNC Bank, National Association ("PNC") for a certain loan in the original principal amount of $350,000 (the "Loan"), as evidenced by a certain Promissory Note d. ted September 9, 1999, and by certain other related loan documents (the "Loan Documents"). As you also know, you are in default under the Loan and Loan Documents for your failure to make payments when due to PNC on the above loan acenunt and payoff the above loan account whan it matured on November 2, 2000, which constitute Events of Default under the Loan and Loan Doounants. As a result of the above Events of Default, all liabilities and obligations under the Loan and Loan Documents have been accelerated and all liabilities and obligations under the Loan and Loan Documents are immediately due and payable to PNC. Additionally, as a result of the defaults PNC exercised its rights of setoff with regards to checking account number 5000771334 as of this date, and applied the $1,523.31 to the above loan obligation. As of this date the amount due under the Loan and Loan Documents is as follows: Obligor/Obligation Nos.: 31762985-601443625 Principal lnt~est to 01/09/00 Sub-total Less proceed from setoff Total Due Per Diem $78.88 $338,723.21 8.224.6O $346,947.81 1.523:31 $345,424.50 plus sat. fees, costs and expenses In addition, pursuant to the terms of the Loan Documents you are hereby not/fled that effective this date PNC has exercised its option to increase the interest rate on the Loan to PNC Bank's prime rate plus 5.00%. Exhibit "B" January 9, 2001 Page 2 Please be advised that unless payment in f~ll is immediately delivered to PNC Bank, National Association at 4242 Carlisle Pike, Camp Hill, PA 17011, in the form of a cashiers cheek or money order, PNC shall take all action it deems appropriate to collect the above sums due and owing, preserve, protect and enforce its rights under the Loan and Loan Documents. Very truly yours, PNC Capital Recovery Corp.__ Eric D. Krimm¢l Assistant Vice President Certified Mail Nos.: Z 231 540 977 CC: Regular Mail Geoffrey S. Shuff, Esquire PNC BANK, NATIONAL ASSOCIATION, Plaintiff NORSOFT, INC., Defendant 1N THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : NO. : CONFESSION OF JUDGMENT : CWIL ACTION - LAW CERTIFICATE OF ADDRESSES I hereby certify that the precise address of Plaintiff, PNC Bank, National Association, is 4242 Carlisle Pike, Camp Hill, Cumberland County, Pennsylvania 17011; and that the last known addresses of the Defendant, Norsoft, Inc., is 3438 Trindle Road, Camp Hill, Cumberland County, Pennsylvania 17011 and c/o Lawrence Berger Knorr, President, 8 Appaloosa Way, Carlisle, Cumberland County, Pennsylvania 17013. Date: Respectfully submitted, SAIDIS, SHUFF, FLOWER & LINDSAY 1 M. L~debohm, E q ' e [Yuup~e Court ID #59012 2109 Market Street Camp Hill, PA 17011 (717) 737-3405 PNC BANK, NATIONAL ASSOCIATION, Plaintiff NORSOFT, INC., Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : CONFESSION OF JUDGMENT : CIVIL ACTION - LAW NOTICE UNDER RULE 2958.3 OF JUDGMENT AND EXECUTION THEREON TO: Norsoft, Inc, A judgment in the mount of $386,351.95 plus interest fi.om and including the date of the Complaint and judgment entered thereon at the default rate provided in the Note and costs of suit has been entered against you and in favor of the plaintiff without any prior notice or heating based on a confession of judgment contained in a written agreement or other paper allegedly signed by you. The court has issued a Writ of Execution which directs the sheriffto take your money or other property owned by you to pay the judgment. If your money or property has been taken, you have the right to get the money or property back if you did not voluntarily, intelligently and knowingly give up your constitutional right to notice and hearing prior to the entry of judgment or if you have defenses or other valid objections to the judgment. You have a right to a prompt court hearing if you claim that you did not voluntarily, intelligently and knowingly give up your rights to notice and hearing prior to the entry of the judgment. If you wish to exercise this right, you must immediately fill out and sign the petition to strike the judgment which accompanies the Writ of Execution and deliver it to the Sheriff of Cumberland County at the Cumberland County Courthouse, One Courthouse Square, Carlisle, Pennsylvania 17013. IT IS IMPORTANT THAT YOU ACT PROMPTLY. IT WILL BE TOO LATE TO REGAIN YOUR PROPERTY IF YOU WAIT UNTIL AFTER THE PROPERTY HAS BEEN SOLD BY THE SHERIFF OR TURNED OVER TO THE PLAINTIFF. 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 OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 or 1-800-990-9108 Date: Respectfully submitted, SAIDIS, SHUFF, FLOWER & L1NDSAY I¢~arl M~ Ledebohm, squire Supreme Court ID# 59012 2109 Market Street Camp Hill, PA 17011 (717) 737-3405 Attorney for Plaintiff PNC BANK, NATIONAL ASSOCIATION, Plaintiff NORSOFT, INC., Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA :NO. : CONFESSION OF JUDGMENT : CIVIL ACTION - LAW 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 heating 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 unswom falsification to authorities. Notice of the hearing should be given to me at Street Address City, State Telephone Number Date: Defendant PNC BANK, NATIONAL ASSOCIATION, Plaintiff NORSOFT, INC., Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. CONFESSION OF JUDGMENT CIVIL ACTION - LAW NOTICE TO: Norsofl, Inc. 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 proceeding and that enclosed herewith is a copy of all the documents filed in support of the said judgment. IF YOU HAVE ANY QUESTIONS CONCERNING THIS NOTICE, PLEASE CALL: KARL M. LEDEBOHM, ESQUIRE TELEPHONE NUMBER: (717) 737-3405 PNC BANK, NATIONAL ASSOCIATION, Plaintiff NORSOFT, lINC., Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PE ~NNSYLVANIA CONFESSION OF JUDGMENT CIVIL ACTION o LAW ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please emer the appearance of the undersigned on behalf of PNC Bank, National Association, Plaintiff in the above captioned matter. Date: Respectfully submitted, SAIDIS, SHUFF, FLOWER & LINDSAY By: /~/~ ~~ ~I¢6rl MzLedebohm, Esquire ndupreme Court ID #59012 2109 Market Street Camp Hill, PA 17011 (717) 737-3405 PNC BANK, NATIONAL ASSOCIATION, Plaintiff NORSOFT, INC., Defendant : IN THE COUI;''T OF COMMON PLEAS : CUMBERLAblD COUNTY, PENNSYLVANIA : CONFESSION OF JUDGMENT : CIVIL ACTION - LAW 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 sheriffof Cumberland County; (2) against Norsoft, Inc., cio Lawrence Berger-Knorr, President, 8 Appaloosa Way, Carlisle, PA 17013 Defendant; and (3) against Commerce Bank, 100 Senate Avenue, Camp Hill, PA 17011 Garnishee; (4) and index this writ (a) against Norsofi, Inc., cio Lawrence Berger-Knorr, President, 8 Appaloosa Way, Carlisle, PA 17013 Defendant; and (b) against Commerce Bank, 100 Senate Avenue, Camp Hill, PA 7011 as Garnishee and levy upon and attach as required the following: (a) Any and all personal property of Defendant, Norsoft, Inc., in the possession of Garnishee, Commerce Bank, including without limitation any funds held on account. (5) Amount due: Interest from 2/22/01 Attorneys fees Costs $386,351.95 (to beadded) (to be added) ~o be added) Certification I certify that (a) This praecipe is based upon a judgment entered by confession; and (b) Notice will be served with the Writ of Execution Pursuant to Rule 2958.2. SAIDIS, S~IUFF, FLOWER & LINDSAY ~upreme Court ID #59012 2109 Market Street Camp Hill, PA 17011 (717) 737-3405 Attorney for Plaintiff SHERIFF'S RETURN CASE NO: 2001-01173 P COMMONWEALTH OF PENNSLYVANIA COUNTY OF CUMBERLAND - GARNISHEE PNC BANK NATIONAL ASSOCIATION VS NORSOFT INC And now RICHARD E, SMITH ,Sheriff or Deputy Sheriff of Cumberland County of Pennsylvania, who being duly sworn according to law, at 1505:00 Hours, on the 5th day of March , 2001, attached as herein commanded all goods, chattels, rights, debts, credits, and moneys of the within named DEFENDANT NORSOFT INC , in the hands, possession, or control of the within named Garnishee COMMERCE BANK 100 SENATE AVE. CAMP HILL, PA 17011 Cumberland County, Pennsylvania, by handing to TINA HAAS, ASSISTANT MANAGER personally three copies of interogatories together with THREE true and attested copies of the within WRIT OF EXECUTION, PETITI and made the contents there of known to Her Sheriff's Costs: Docketing .00 Service .00 Affidavit .00 Surcharge .00 .00 .00 Sworn and subscribed to before me this '; ~ day of~-~ ~! A.D. Proth6n~tary ; Sheriff of Cumberland County 00/00/0000 By D'eput y 'Sheriff PNC BANK, NATIONAL ASSOCIATION, Plaintiff NORSOFT, INC., Defendant : 1N THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 01-1173 : : CONFESSION OF JUDGMENT : CIVIL ACTION - LAW PRAECIPE FOR JUDGMENT UPON ADMISSION To the Prothonotary: Please enter judgment in favor of the Plaintiff, PNC Bank, National Association, and against the Garnishee, Commerce Bank, in the mount of Nineteen Thousand Four Hundred Twenty-Seven and 46/100 Dollars ($19,427.46) plus interest and costs of suit, for the following property of the Defendant: Any and all funds held by Commeme Bank in the following account of Norsoft, Inc.: Account Number: 030017974 Balance: $19,427.46 Garnishee admitted in the answer to interrogatories that it was in possession of said property. Date: Respectfully Submitted, SAIDIS, SHUFF, FLOWER & LINDSAY By: /~arl Iv~.Ledebohm · Supreme Court ID #59012 2109 Market Street Camp Hill, PA 17011 (717) 737-3405 Attorney for Plaintiff PNC BANK, NATIONAL ASSOCIATION, Plaintiff NORSOFT, INC., Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAI~D COUNTY, PENNSYLVANIA : : NO. 01-1173 : : CONFESSION OF JUDGMENT : CIVIL ACTION - LAW NOTICE OF JUDGMENT UPON ADMISSION TO: Norsofi, Inc. and Commerce Bank You are hereby notified that on~ ~l_pn~'( ,~ _, 2001, the following judgment has been entered against you in the above captioned case: Judgment in favor of PNC Bank, National Association, Plaintiff, and against Commerce Bank, Garnishee in the mount of Nineteen Thousand Four Hundred Twenty-Seven and 46/100 Dollars ($19,427.46) and for the following property of the Defendant, Norsoft, Inc.: Any and all funds held by Commerce Bank, in the following accounts of Norsofl, Inc.: Account Nmber: 030017974 Balance: $19,427.46 Judgment is entered pursuant to Pa. R.C.P. 3146(b), Garnishee having admitted in the answer to interrogatories that it was in possession of said property. Dated: /OCD-'t ( ~t D-t5:>O( Prothonotary ' I hereby certify that the proper person/entity to receive this notice under Pa. R.C.P. 236 is: Norsoft, Inc. 3438 Trindle Road Camp Hill, PA 17011 Norsofi, Inc. c/o Lawrence Berger Knorr, President 8 Appaloosa Way Carlisle, PA 17013 Commerce Bank 100 Senate Avenue Camp Hill, PA 17011 Date: Respectfully submitted, SAIDIS, SHUFF, FLOWER & LINDSAY By: K/~eb~ohrn~,~ Supreme Court ID #59012 2109 Market Street Camp Hill, PA 17011 (717) 737-3405 Attorney for Plaintiff 2 PNC BANK, NATIONAL ASSOCIATION, Plaintiff NORSOFT, INC., Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 01-1173 : : CONFESSION OF JUDGMENT : CIVIL ACTION - LAW NOTICE TO: Norsoft, Inc. and Commerce Bank Pursuant to Rule 236 of the Supreme Court of Pennsylvania, you are hereby notified that a JUDGMENT BY ADMISSION has been entered against you in the above proceeding and that enclosed herewith is a copy of ail the documents filed in support of the said judgment. IF YOU HAVE ANY QUESTIONS CONCERNING THIS NOTICE, PLEASE CALL: KARL M. LEDEBOHM, ESQUIRE TELEPHONE NUMBER: (717) 737-3405 Prothonotary PNC BANK, NATIONAL ASSOCIATION, Plaintiff NORSOFT, INC., Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. C31 -- 11'7,.~ CONFESSION OF JUDOMENT CIVIL AcTio~ ~ LAW ~,o~.~ 40 INTERROGATORIES TO GARNISHEE TO: Commerce Bank You are required to file answers to the following interrogatories within twenty (20) days after service upon you. The answers must be in writing and under oath. You are warned that if you fail to do so, a Judgment may be entered against you by the Court without further notice for any money claimed by the Plaintiff against the Defendant. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 or 1-800-990-9108 PNC BANK, NATIONAL ASSOCIATION, Plaintiff NOR.SOFT, INC., Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA NO. CONFESSION OF JUDGM~-2N'T : CIVIL ACTION - LAW INTERROGATORIES To: Commeme Bank You are required to file answers to the following interrogatories within twenty (20) days after service upon you. Failure to do so may result in judgment against you: 1. At the time you were served or at any subsequent time did you owe the Defendant any money or were you liable to them or any of them on any negotiable or other written insu-ument, or did they or any of them claim that you owed them or any of them any money or were liable to them or any of them for any mason? If so, explain in detail includ'mg, without limitation, the names and addresses of ail persons or entities taldng part in any transaction, the specific amount of the debt, the value and location of any property and the amount of consideration given for any transfer of property. 2. At the time you were served or at any subsequent time was there in your possession, custody or control or in the joint possession, custody or control of yourself and one or more other persons any property of any nature owned solely or in part by the Defendant? If so, explain in detail including, without limitation, the names and addresses of all P~rsons or entities talcing part in any transaction, the specific mount of the debt, the value and location 6fany property and the amount of consideration given for any tramfer of property. 3. At the time you were served or at any subsequent time did you hold legal title to any property of any nature owned solely or in part by the Defendant or in which Defendant held or claimed any interest? If so, explain in detail including, without limitation, the names and addresses of all persons or entities taking part in any transaction, the specific amount of the debt, the value and location of any property and the amount of consideration given for any transfer of property. 4. At the time you were served or at any subsequent time did you hold as fiduciary any property in which the Defendant had an interest? If so, explain in detail including, without limitation, the names and addresses of all persons or entities taking part in any transaction, the specific amount of the debt, the value and location of any prbPei'ty and the amount of consideration given for any mmsfer of property. 5. At any time before or at~er you were served did the Defendant transfer or deliver any property to you or to any person or place pursuant to your direction or consent and if so what was the consideration therefor? If so, explain in detail including, without limitation, the names and addresses of all persons or entities taking part in any transaction, the specific amount of the debt, the value and location of any property and the amount of consideration given for any transfer of 6. At any time after you were served did you pay, transfer or deliver any money or property to the Defendant or to any person or place pursuant to the direction of them or any of them or otherwise discharge any claim of the Defendant against you? If so, explain in detail including, Nc, without limitarion, the names and addresses of all persons or entities taking part in any transaerion, the specific amount of the debt, the value and locarion of any property and the amount of considerarion given for any transfer of property. 7. At the time you were served or at any subsequent time, did you have any safe deposit boxes, pledges, documents of rifle, securities, notes, coupons, certificates, receivables, collateral, checking, savings, tax or other accounts or deposits in which Defendant has an interest? If so, explain in detail including, without limitation, the names and addresses of all persons or entities taking part in any transaction, the specific amount of the debt, the value and location of any property and the amount of consideration given for any transfer of property. These Interrogatories shall be deemed to be continuing Interrogatories. If after the time of your answer, you or anyone acting in your behalf learn or obtain additional information requested, but not supplied in your answers, you shall promptly furnish a supplemental answer under oath containing the same. Respectfully submitted, Date: SAIDIS, SH'UFF, FLOWER & LINDSAY Karl' I~1 L'edebohm, Esquire Supreme Court ID #59012 2109 Market Street Camp Hill, PA 17011 (717) 737-3405 Attomey for Plaintiff For signature by Garnishee: Dc. c ~e'~ states subject to the penalties of 18 Pa. C.S. Section 4904 relating to unswom falsification to authorities, that he/she is authorized by Garnishee to make this affidavit, and that the facts set forth herein are tree and correct to the best of h/s/her knowledge, information and belief. . COMMONWE,~LTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) TO THE SHERIFF OF Cumberland To satisfy the debt, interest and costs due from WRIT OF EXECUTION and/or ATTACHMENT NO. 01-1173 COUNTY: PNC Bank, National Association NOrsoft, Inc., c/o Lawrence Berger-Knorr, President, 8 Appaloosa Way, Carlisle, PA 17013 (1) You are directed to levy upon the property of the defendant(s) and to sell CIVIL ~ TERM CIVIL ACTION - LAW PLAINTIFF(S) DEFENDANT(S) (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of __ Con~aerce Bank, 10O S~nat-~ Av~nn~, Camp Rill, ]70%% A-ny and ali p~r~l proDertv of Norsoft, Inc.. in the possession of G~rni~h~, in~]nd~ng w~thon~ ] imitation any funds held on account. GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is/are 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 defendanl(s) not levied upon an subject to attachment is found in the possession of anyone olher 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 $386,351.95 t.t. $. 50 Interest from 2/22/01 Due Prothy Atty's Comm _ % Other Costs Atly Paid $32.50 Plaintiff Paid Date: February 28, 2001 REQUESTING PARTY: Name Karl M. Ledebohm, Esq. Address: 2109 Market Street Camp Hill, PA 17011 A~orney for: Plaintiff lelephone: 717'737-3405 Supreme Court ID No. 59012 IO/EE/~ ~]]v o] pun~a~ SP'09 §g'68 s~soo s,~TJaqS 00'0gI S :s~so3 OOUeAD~ am a.:[oJ, aq o~ paq[.zosqns pue u-Ioas gg'68 O0'Oa Og' g/'l aD~punod 00'8I 00'6 $ aaqsTu~e9 'x~E o4 5uTpaoooe uaoas Xinp 5UTaq oq~ '~jTaaqS 'aUTIM s~moqi PNC BANK, NATIONAL ASSOCIATION, Plaintiff NORSOFT, 1NC., Defendant TO: Commerce Bank IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. CONFESSION OF JUDGMENT CIVIL ACTION - LAW INTERROGATORIES TO GARNISItEE You are required to file answers to the following interrogatories within twenty (20) days after service upon you. The answers must be in writing and under oath. You are warned that if you fail to do so, a Judgment may be entered against you by the Court without further notice for any money claimed by the Plaintiff against the Defendant. You may lose money or property or other fights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 or 1-800-990-9108 PNC BANK, NATIONAL ASSOCIATION, Plaintiff NORSOFT, INC., Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. : : CONFESSION OF JUDGMENT : CIVIL ACTION - LAW INTERROGATORIES To: Commerce Bank You are required to file answers to the following interrogatories within twenty (20) days after service upon you. Failure to do so may result in judgment against you: 1. At the time you were served or at any subsequent time did you owe the Defendant any money or were you liable to them or any of them on any negotiable or other written instrument, or did they or any of them claim that you owed them or any of them any money or were liable to them or any of them for any reason? If so, explain in detail including, without limitation, the names and addresses of all persons or entities taking part in any transaction, the specific mount of the debt, the value and location of any property and the amount of consideration given for any transfer of property. 2. At the time you were served or at any subsequent time was there in your possession, custody or control or in the joint possession, custody or control of yourself and one or more other persons any property of any nature owned solely or in part by the Defendant? If so, explain in detail including, without limitation, the names and addresses of all persons or entities taking part in any transaction, the specific amount of the debt, the value and location of any property and the amount of consideration given for any transfer of property. 3. At the time you were served or at any subsequent tune did you hold legal title to any property of any nature owned solely or in part by the Defendant or in which Defendant held or claimed any interest? If so, explain in detail including, without limitation, the names and addresses of all persons or entities taking part in any transaction, the specific amount of the debt, the value and location of any property and the amount of consideration given for any transfer of property. 4. At the time you were served or at any subsequent time did you hold as fiduciary any property in which the Defendant had an interest? If so, explain in detail including, without limitation, the names and addresses of all persons or entities taking part in any transaction, the specific amount of the debt, the value and location of any properly and the amount of consideration given for any transfer of property. 5. At any time before or after you were served did the Defendant transfer or deliver any property to you or to any person or place pursuant to your direction or consent and if so what was the consideration therefor? If so, explain in detail including, without limitation, the names and addresses of all persons or entities taking part in any transaction, the specific amount of the debt, the value and location of any property and the amount of consideration given for any transfer of property. 6. At any time after you were served did you pay, transfer or deliver any money or property to the Defendant or to any person or place pursuant to the direction of them or any of them or otherwise discharge any claim of the Defendant against you? If so, explain in detail including, without limitation, the names and addresses of all persons or entities taking part in any transaction, the specific amount of the debt, the value and location of any property and the amount of consideration given for any transfer of property. 7. At the time you were served or at any subsequent time, did you have any safe deposit boxes, pledges, documents of rifle, securities, notes, coupons, certificates, receivables, collateral, checking, savings, tax or other accounts or deposits in which Defendant has an interest? If so, explain in detail including, without limitation, the names and addresses of all persons or entities taking part in any transaction, the specific amount of the debt, the value and location of any property and the amount of consideration given for any transfer of property. These Interrogatories shall be deemed to be continuing Interrogatories. If after the time of your answer, you or anyone acting in your behalf learn or obtain additional information requested, but not supplied in your answers, you shall promptly furnish a supplemental answer under oath containing the same. Date: Respectfully submitted, SA1DIS, SHUFF, FLOWER & LINDSAY By: //~~~L~ ebro~& KaffM. ed hm, q 'e '/ Supreme Court ID #59012 2109 Market Street Camp Hill, PA 17011 (717) 737-3405 Attorney for Plaintiff For signature by Garnishee: states subject to the penalties of 18 Pa. C.S. Section 4904 relating to unswom falsification to authorities, that he/she is authorized by Garnishee to make this affidavit, and that the facts set forth herein are tree and correct to the best of his/her knowledge, information and belief. Dated: ,2001 PNC BANK, NATIONAL ASSOCIATION, Plaintiff NORSOFT, 1NC., Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 01-1173 : : CONFESSION OF JUDGMENT : CIVIL ACTION - LAW PRAECIPE TO THE PROTHONOTARY: Please mark the judgment entered against Commerce Bank in the above-captioned action satisfied. Date: Respectfully submitted, SAIDIS, SHUFF, FLOWER & LINDSAY 2109 Market S~xeet Camp Hill, PA 17011 (717) 737-3405 Attorney for Plaintiff