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HomeMy WebLinkAbout10-4186•, t COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION PNC BANK, NATIONAL ASSOCIATION, DOCKET NO. (0 - 41 NO aivix -TiSVK Plaintiff CONFESSION OF JUDGMENT V. CHILITECH INTERNET SOLUTIONS, INC., : Defendant : PREVIOUSLY ASSIGNED TO: N/A 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 Plaintiff and against the Defendant as follows: z -n a. Principal $ 9X000.00 P; c rh b. Interest to June 18, 2010 $ 226 87 ra o c. Late Charges $ 10.38 d. Attorneys' Fees 922.69 . ?µz TOTAL: $10,159.94, plus intere ex enses f d er; p , ees an costs N } cr: Respectfully submitted, McNees Wallace & Nurick LLC Date: June 2,7-'2010 By; 4 S huff, Esquire reme Court ID 100 Pine Street, PO Box 1166 Harrisburg, PA 17108-1166 (717) 237-5439 Attorneys for Plaintiff $a'1.50 PA PbY e? A I 78a No+lee ?.la,?.(R.?1 COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION PNC BANK, NATIONAL ASSOCIATION, DOCKET NO. Plaintiff V. CONFESSION OF JUDGMENT CHILITECH INTERNET SOLUTIONS, INC., : Defendant : PREVIOUSLY ASSIGNED TO: N/A COMPLAINT FOR CONFESSION OF JUDGMENT UNDER RULE 2951 1. The Plaintiff, PNC Bank, National Association, is a national banking association organized and existing under the laws of the United States of America with a principal office located at 4242 Carlisle Pike, Camp Hill, PA 17011 ("Plaintiff'). 2. The Defendant, Chilitech Internet Solutions, Inc., is a Pennsylvania corporation with a last known address of 210 Market Street, Williamsport, PA 17701 ("Defendant'). 3. The Defendant executed and delivered to the Plaintiff a Promissory Note dated August 4, 2006 ("Note") in the original principal amount of Ten Thousand Dollars ($10,000) ("Loan"), a true and correct photostatic reproduction of the original of which is attached hereto as Exhibit "A" and made a part hereof. 4. The Defendant executed and delivered to the Plaintiff a Disclosure of Confession of Judgment, a true and correct photostatic reproduction of the original of which is attached hereto as Exhibit "B" and made a part hereof. 5. The Defendant is in default of the Defendant's obligations to make payment to the Plaintiff as required in the Note, as a result of which payment of the entire outstanding balance of the Loan is due and payable in full. A copy of the Plaintiffs letter dated March 26, 2010, demanding payment in full is attached hereto as Exhibit "C" and made a part hereof. 6. The amount due to the Plaintiff as a result of the Defendant's default is as follows, as of June 18, 2010: a. Principal $ 9,000.00 b. Interest $ 226.87 C. Late Charges $ 10.38 d. Attorneys' Fees 922.69 TOTAL: $10,159.94 7. Interest continues to accrue at the variable rate per day provided in the Note through the date of payment, including on and after the date of entry of judgment on this Complaint. 8. Judgment is not being entered by confession against a natural person in connection with a consumer credit transaction. 9. There has not been any assignment of the Note. 10. Judgment has not been entered on the Note in any jurisdiction. WHEREFORE, Plaintiff, PNC Bank, National Association, demands judgment against the Defendant, Chilitech Internet Solutions, Inc., in the amount of Ten Thousand One Hundred Fifty-Nine and 94/100 Dollars ($10,159.94), plus interest at the variable rate per day provided in the Note through the date of payment, including on and after the date of entry of judgment on this Complaint, and for other expenses, fees and costs to which the Plaintiff may be entitled. Respectfully submitted, McNees Wallace & Nurick LLC Date: June 2,2-2010 By: eo . Shu , Esquire 'Sufreme Court ID #24848 100 Pine Street, PO Box 1166 Harrisburg, PA 17108-1166 (717) 237-5439 Attorneys for Plaintiff COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION PNC BANK, NATIONAL ASSOCIATION, DOCKET NO. Plaintiff CONFESSION OF JUDGMENT V. CHILITECH INTERNET SOLUTIONS, INC., : Defendant : PREVIOUSLY ASSIGNED TO: N/A VERIFICATION I, Rhonda Davis, Officer for PNC Bank, National Association, being authorized to do so on behalf of PNC Bank, National Association, hereby verify that the statements made in the foregoing Complaint are true and correct to the best of my information, knowledge and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. Date: GI 1$ (13 PNC BANK, NATIONAL ASSOCIATION A03/10/2010 19:23 FAX 317 267 3735 SMALL BUS MANAGED ASSETS Q007 (Page I ov 3) PROMiSSQRY Non Borrower: ; cME me" wrERNEr sowTlow. INC. mw Lerida: PNC Ronk. aaltionel Assoofation 23.3001066) Business Bmkkn 210 RAMW GTIQRT 4242 Carrick Pike 1011ILLM NPORT, PA 17701 camp H11 PA 17001 Principal mount $10.000.00 Inl0al Rats: 10.500% Date Of Note: August 4, zoo PROMISE TO PAY. CHILIUM INTERNET SOLUTIONS. LW. ("8or#q"r") p attleas to; pay to PNC Bank 146=0 4soaktian 1'Leader', or order. in lawful money of the United Stifare of AnWoo, the principal sntourd of Tun Thousand a OcAc0 Calars 1010,000401 or so much are molt be VA4011dkt9, together with human an the unpaid wistandfrg pdedpsl bofanoi of oath auhaartt:e. k+f net shall be catwoted than the data of each advance amnia repsymant of eeeb,advwm. PAYMENT. Borrower writ pay this loan in accordance with ft following payment schsdrw: Borrower will pay repidor monthly payment et accrued Interest begfrninp Septemleor 4. 2008. srrd all subsegaemt b tamest psynrora are due on the game day of each month after that. 8orrowar will pay this EOan In ono Psynteat of all outaterufJrtg pdnudpal plus ag accrued uryfetdlinterost on the Expiration Dab. Berrowpr nay borrow, repay and roborrow hereunder untri the Explralbn Dab, r Aject to the tarots and OOrW IM of thria 1100:9. The 'Rxp?rtgsn pan- sing meats August 4, 2008, at such later date as may be designated by wrattett twtloe !tern Lintlar to 5"r6wer. Bomewer aeknowiedgae and agrees that in no event wieil traler be under any obl4orth t to extend or renew eta ban or, this Note beyand the MM Expration Date. In no event shall tits amrs"In unpaid poi *W anqunt of advances under this Note exaae4 the face amount of" Note. Unless otho6lsa agreed or required by applicable law, payments will be eppead first to. any accrued unpaid interest: then to principal: than to any'Umoid ? anoca'n coats; end then to dry late Owilea. The annual Interest race forn* Note Is computed an a 385/360 baste: that Ier by applying the ratio of the enwol interest rate over a year of $40 Jaya, multiplied by the. outstanding principal balance, mulill" by the actual nuatber of !lays 0ts principal balance' In outstarxNng. Borrower will pay Lander at Lander's afteas alown above or at such attwr place ae Leader may dwignste In writktg. VAIVABI,E'NTE EST RATE. The interest rate an Stria NM is sublect to change from tirm to time based on changes in an IndependarR index which is the highest Prime Rate as pubf3W in the 'Money Rates' soetian of The Wall Street Journal Iffta 'Index"). The Index Is not noweserriy a lowest rate charged by lender on Its bans. It the index becomes unavailable during the tam, of tWs loan, Lerch may designate a wbad index after np0wo Swrowor. Lender will coil 11--A w the current Index nets upon Rom macs nniunt. Tte interest rate change wig not r n?gn often then each day. Borrower understands that tender may make bans bawd an other rates es well. The Index curtarnth is 8.260% anmals. The interest rate to be applied to the unpald principal balance:durfrg this Note will be at a rate of 2.250 percentage pants over kite Indent, resulting in an ire'tW rate of 10.500% per annum. NOTIM Undek no oaedaneteness will the Ittwest rate on this Note be more than the mm rate allowed by applic" low. PREPAYMENT. Borrower may pay without penalty all or a portion of ft amount owed earlier Own It is due. Early payments will nut, urdws agreed to by Lender in writirg, relieve Borrower of Borrower's obligation to continue to make payments of accrued unpaid Interest. Row. party payments wlq reduce the prinetpel balance due. Borrower agrees not to sand Lander payments marked 'paid in fug', "Without reccuraa', of similar language. It Borrower sends such a payment. Lender may accept It without Iosirn any or Lenders rights under this Note, and Borrower win re"11 obligated to pay any, further amount owed to Lender. Ag wdMn comrnun VJorne concwrft disputed amounts, inehift any orwak or other 04"1ent knswmatt that indicows that the payment constitutes "payment fn hilt' of the amount owed or that is tendered with other conditions or 079a irtru or as Jul sallafaction of* disputed amount must be malodor dtdivwW to, PNC Bank, National Association, Attn: Doc Prep/Opsrat(one Department - 09CAC, 8800 Tinicurn Boulevard sth Floor Philadelphia. PA 19163. t , LATE CHARGE, If a payment is 15 days or more late, Borrower will be chsrgad 6.000X+ of the regularly scheduled payment or 4100.00. whtshever b leas. BNTEREST ALTER PEFAULT. Upon defWt, Including fesure to pay upon final maturitf, the Interest rate on this Note shall be Increased by adding a 5000 po,oante" point margin I'Defauk Rate Ma(gin'). The Default Rate NPargkt shall also apply to each mrooeediqrg Interest rate change that would have applied had there beets no default. It Judarnent le entered In connection with this Note, interest will cantJmle to aecrua after the da4e of Judgment at the rate in effect at the time jutlgntant is entered. Howevnac, In no event wan ft Interest rote otocsed the maximum interest rats limitations under apprrcable tow. DEFAULT. ch of the following shall constitute an event of default i"Event of Default") 'under this Now. Payrnmrtt Debug. Borrower fails to make any payment when due. Other Dektrfis. Borrower or Granter falls to oomply veldt or to 0960nn any other lama; obggetbn, covenant or dxmdition contelned In this Note or in any of ttta related documents or to comply with of to pstfomn any term; :obligation, covenant or condition contained in any other agreartiem between Lender and Borrower. Oefeuk In Paver of Third Pertfes. Borrower or any Grantor defaults under any ben, extension of credit, security agreema% purchase or styes agreement or any other aweemtent in favor of any other credits or parson tdtet may matedariy offset any of Borrower's property or Borrower's sWIty. to repay this Note or perform Bctrower s obltgationa under this "a or any of oho related documents. i`ake Strrwnrenfe. Any waaenty, representation or stetemem made or furnished to Lender by Oorrower or on Borroww*0 behstf under this Note.0 the related documents is fake or misleading In arty material respect elrheraww or at the time made or funished or becomes Mae or misdsaeing et any it" mereeher. buohwIttcy. The dissolution or termination of Borrower's existence so it going business, the Inaolvenrry'of Borrower, the appolnum"t of a receiver for any part of Borrower's property, any assignment for the benefit of c.dhtors, arty type of creditor workout, or the commtlnoament of any proceeding under eny'berNuotey or insolvency laws by or against Borrower. Crodker or Avilbiturs Proceedings. Commencement of foreclosure or forfeiture wocoedings, w)nedter by Judfolal proceeding, seiRhelp, ropos"asion or any other method, by any weditor of Bom mm or by any governmental agwM against env collateral secursg the loan. THwirlolNdso 8 garnishment of any of Borrower's accounts, inck,dkg deposit secoturts, with Lender. How? r. "a Event of Datoult shall not spay If them is a good faith dispute by Borrower aril to the voi?ty.or reasonableness at the claim which is the basis of the creditor or forhdtt re procned ing and if Borrower gives Lander written notice of'fhe creditor or forfeiture proceeding and depose with Lender m4niss or C 03/10/2010 19:24 FAX 317 287 3735 SMALL BUS MANAGED ASSETS 008 (>P1ge 2 of 3) , PROMISSORY NOTE ' (Conttnuod) F%VB 2 k sumt{? bond far the creditor or forfeiture proeeAld m in an amount dsWinined ty Lender, In its sole d WCmtl*P, as being an adequate feserwJor bond ter the dispute. Events IAtHeh>ing Guarantor. Any of the preceding events ocW0 with respect eo• a Guarantor of any of the indebhedness or env t3uarsntar th 0 Or is becomes lneompatant, or revokes or disputes the vaMty of,; or fabdity under, any guaranty of the Indebtedness wAden by Nato. C hengellt Ownatehlp, Any ahxW In ownership of twentytNs peraglew (25%) or mom of the common stock of Borrower. A*Ow Pedaime rn Chatge. A missend 014110111" 0111841911 occurs in Borrower's financial conoition, or Lender believes this prospect of payment or ???? , ? of feria Note to impaired r?rdtr, Lender In good faith believes Assif Insecure. LRNDE M 111lQMI'B. Upon default, Lender may, after gluing such nodoea as required 0v awmable low, deciam the entire balance on thkl Note and ell accrued unpaid Interest knmadlateiv due, wl0wr notice, andRisen Borrower wig Unpaid Principal AT'i'Ottt+fElfi' I9ftr pay that amount. Lender Lender that amount. 'f?'uudes, subject may hire or Omits undesomeone elso to help r apPfroabk law, Lender's eaw Nose a Borrower dt19a not ie x B cell. Whether or not there )s a lawsuit, including attorneys' feea, expenses for bankruptcy proceedings Gnus tees to Ladder's legal expsy w or or Injunctlor4, appesle and any anticipated post mIgement o00eedan services, It not Pr4W*;d by es serous to modify law, , vacate Borrower any also wig pa aawig Pa stay court costa, M addition to eM otter sums provided by low applicable ney any WAIVER OFI,AIRY TRIAL. THE NORROWER IRREypDABLY WAIVES ANY AND ALL RIGHTS THE BOAROWFA MAY HAVE TO A Tilm BY JURY IN ANY ACTION, PROCEEOINO OR CLAINI OF ANY NATURE RELATING TO THIS MOTE; ANY DOCUM OM tiUMTED W COh iWTiON WiTH THIS OR ANY TRANSACTION CONTININPLATED IN ANY OF SUCH OOCUAROM. TIME 60MOWER ACKN*ft9DQ9S THAT THE FORGOOING WAIVER IS KNOWING AND VOLUNTARY. DOVE NNI LAW. This Now WIN be Sovismad by 1's I low awrashiis to Laster and, W the extort not Preempted by federal lour, the larue of ??ell of wkhoet retard to its oonSicts of low protrlatorea This Nods has begin accepted by LondAlr In the CMCE.OF VENUE. N there is a lawauit Borrower agrees upon tender's request to trubmtt to the tY. CommanweWth of Pomrovenis. jn atllotion of the courts of t'altnteerlernd RIOMT OF S"W. M addition to all funs upon and rights of 11011011' agalns( Swmwer'a hrroney, sew hies or other PW" by law. Lender !shall have, with respect to Borrower's obligations to Lander under this Nc!ts and to the extent Oven to Lender pwseegary teaurky interest In and a corntratntyal right of setoff against and Borrower thereby ssspgrrs, Con+mvs??? by law, a 4 tra attonl to Lender eglaf aorrower's right. title and kusreat in and to. all of So?rower's . delivers, f property onow or s and hereafter In the possession of or on depok With, at In transit to, Lender or any cow direct es hnt?t subakltary o The NC Finahl Services Grow Inc., whetheir hold In a general or special bacoutrt or deposk, whether held kink with someone Alpo, of whether held for setakeeping or ot herwlss, excluding, however, all IRA, Keogh, and trust accounts. Every such •ecu?ityhhte?est and dSlht of setoff may be exerdaad without Ownstrid Evem upon hereunder or notice o Awrowor. Every such right of astaff shed be desisted to have bean axsnofaed I nMKOstely upon the oeaturonce of an of Wadi wm+out any action of Lander, although tender may entuir such !seta f on its books wind records at ¦ bran time. COLLATERAL. This loan is unsecured. LINE -OF CREDIT. This Note evW*nm s ravohrirg In. of eradte< Advances.unda thialNOaa may be requested orally by Borrower or by on ut authorized Ih Person. AN oral requests shall be ocaMmed In writing On the day of no request. AN communisadons, Instructions, or directions by p l otherwlae to Lender are to be directed to Leg's office shown above. hMorrower agrees to be liable for all suns either. h44 sayanoad in accordance with the In tructlons of an "mind person or. (Bi credited tonarry of Earn,war's accounts with Lender, The unpaid principal belgnoe awing on the Now at any time may be evidenced by endorsements on 04 Note or by Lernler'e Internal records, hreltdird dally ca++Puter orfm-outs. Lender wig have no obligation to advance funds under this NOW Nt ;(A) Borrower of any guawmr fa In data* under dw terms of thine Note or any agreement that Borrower or any guarantor has with Lender, hokging any agreement trade M eormeotion with the signing of this Note,, (B) Borrower at any guarantor eesaas thong business or 10 insobwtl (C) any guarantor seeks, dal ms at otherwise atwmpta to limit, modify or revoke eaudh quarenttr's guarantee of the Nola ashy other ban with Lander, IDi Borrower has applied fund$ provided pursuant to this Moo for purposes other than those authorized by Lender, or (El , Lander In good faith belkevae Itaatt Insecure. FINANCIAL WORMATIM PROVISION. Borrower agrees to deliver any thanelai and other busbreess Infon. don eonceming Bonarrer that Lender ?"my request from Mme to dmo, such as annual and Interim finenoiei statements Cell of which shelf be prepared in accordance with accounting IrloclPlai and federal irrcOrns tax reran. DEPOSffORY?. Bonvvrer wig establish and mawtaht, with Lander, Borrower's primary depository account(al. It Borrower lass to establish andlor malw1w he primary depository sacotmt(s) with Lender, Lender may, at Its option, upon Okw 130) doge rno*@ to Bower. tncreap the interest rate Payable by Borrower under tide Note by up to 1.00 percantege pants (1,00%). Lenses fight to ktcresse the ferest rats pwso nt to 0" paragraph shag be In addhon' 10 any other rkjhta or ramadles Lender may haw under this NOW all of which are hereby rwwv&d, and shall not oonstituts a waiver, release or gmiution upon Landerts enrolee of any such rights or femedies, AUTON A'nb DEBIT OF PAYf)tWF.. This Borrower hereby authorizes the Lends' to charge the borrowers deposit account at the Lander for any . payment Yvfkfl due hereunder. 1'f 'the Borrows' revOkea this suthorftatian My reason whatsoever of falN to tnekuatn a dapoo>< account with by the Landes Whidt r nrAly be charged, this Lsrldo? mqy, at its opUOn, upon thirty ( the My 30) days rodeo to the Borrower, increase the itarest rats psyaWe ut io (26) beale PPft Li7m un tpttdays at fa Borrower, tendon e with er ut Ord demand tug peynhen! of tM erdke unpaid prlnefpei bAllsnaa of shied Note, end Alp a tinge terminate aM the Lim of Cmhaft rn aunra due k suxxxdarNe wish the tsmno of s Lendee's noticAlprovida ssc on ds balonCS, stihut W idvethce ids trhda this Note.. °ti'srw Leader wpl hew no further CONVERSION TO TERM LOAN, Lender retains the right to convert .all or any pat of MA outatengli Indebtedness amordseng term loan, with or without cause„ upon providkg sixty (60) days prior written noeloe to Borrower under " Nee !rho an Lender exerofse this right, Lender wig compute a new mo my payment with respect to the Hatt Of tyro indebtedness 'Coconvert n lu ieto 'T R Loan portion'). end borrower wig be advised of such new coon ao a Conversion n "Tice. ^ y payinenus on the .Tun Loan Pardon foknwltg ohs nversim Notice sharespeot ll Bobo based two an arnoor*Mn ?? ° she d is I gifle f?In the Conversion Nodes tthe 'Amorriaadon Period'). Subsequent payments an the Term Lan kw*m shag be determined m f the amounts determined by Lender ee be neogsfary to fully amortka the than y he bang be in the Amortzation j f ar r10d it the effective khtarest rate on dnts Note as of the des e amount at such i0 everted our the r4 L flier. AN igingininu outstanding tat the le lion oander. AN ?ti •. PdnpPei and aearued karat will be due on the last day of the Amortization Period. All of the provision of this L this Note and any .03/10/2010 19:25 FAX 317 267 3735 SMALL BUS MANAGED ASSETS Z009 (Hags 9 cf 3) PROMISSORY NOTE (Continued) Page 3 Related Documents ahaN apply to the'Tarm Loan Portion except to the extent Inconeletent with this . psragraph. SUCCWOlt WTWMTS. The terms of tMa Note shall be binding aeon Borrower, and upon Borrower's hews, peracna( tepresentatlyea. smears and aasigW, and shell Inure to the benefit or bender and its Saoea" Ord Miami. YEgMY Other Person pt PROVISIONS. ?u, • ?r guarantees , oea delay or or endorses dimp es tFix this No t#, enforcing any of its r??eq or flm*(IW under this Note without Wilma them. Borrower and notice of dishonor. Ilte, to the extent allowed ty Isw, waive Pon any charge in the tonne of this Note, and unless otherwise expressly stated In0writtne?srt' arty who for Tor signs net his and whether as maker, guarw or, sc*=nodsdon maker or endorser, shall be rakosad from Welft . AN such ,no pa w this Note, or extend (ratroaledly and for any length of tkms) this loan or release e Y Pardee "M that Lander may renew Louder s security interartt in ft collateral; and take any *dw radon dawned necs entb or end06110tarfil;er of Lhe 4o fen to of or n upon or pafeet AN such parties also some that Linder may Monty thin loam wbhM 11% consent o6 Of nObae to on" o0w idtc? the then u of or north to anyone. FROdlRRetion is made. The oWigedons under this Note are Joint and several. It any portion of this Now is af ran M? parW w?' 0m unefdefotebta, it will not .Tied the enforceability of any Other provialona of this Note, nY tera sd to be CONFESSION OF Ju0G 1ME NT. THE BORROWER HEREBY EMPOWERS ANY ATTOMW OF ANY COURT-OF RECORD. AFM THE OCCUARMCII OF ANY EVENT op DEFAULT napiru ER, TO APPN!AR FOR THE BOARQVUER AND. WITH t?AI CONFESS JUDGMENT. OR A SERVES OF JUDGMUM. AGAINST TH! BORROWt3t ill FAFVOR OF LENDER OR ANY HOLLER H lilt THE I EMMS PRINCIPAL BALANCE OF "IS NOTE, ALL ACCRUED INMEST AND ALL OTNER AMOUNTS Da HEREUNDER. TOGETHER WITH COSTS OF SUIT AND AN ATTORNEY'S COMMISSIGIN OF THE GREATER OF jo% OF$UsM FRWdpAL AND INTEREST OR 47,000 ADDED AS A RFASONAKE ATTORNEY'a FEE, AND MR- DOING $0, THIS NOTE OR A COPY WERIFIED 8Y AFFDAVIT SHALLL BE A SUPPi Mr WARRANT. THE 80RROWER HEREBY F0%VER WANES AND RKEA913 ALL ERRORS NY SA30 PROCEEDINGS AND ALL RIGHTS OF APPEAL AND ALL RELIEF FROM ANY AND ALL APPRAISSMENIT, STAY OR prGwrioN LAvia op ANY STATE NOW IN FORCE OR HEREAprpjt ENACT ED- INTEREST ON ANY SUCH JUDGMENT 314ALL ACCRUE AT THE DEFAULT RAM NO SINGLE 0=061! OF THE FOREGOING POWER TO COW NS JUDGMENT, Og F, SERIES OP JUDGMENTS. SHALL 8E DEEMEO TO EXHAt}a'I. THE ROAMER, WHM19t OR NOT ANY SUCH SXSROM SHALL BE "" BYrANV COURT TO BE INVALID, Y OUT THE POWM SHAY, CONTINUA tttIIDWNtSH60 AND IT MAY OR E»1$E0 FROMITNNIE TO TOR AS 0" AS L tNFfALL ELECT UNTIL SUCH TIME As LENDER SHALL HAVE ft9C MED PAYMENT IN FULL OF T11E tlFJrf'. ATTORNEY'S COMMI8310N PROVIDED FOR IN Ttte PRECMW PARAGRAPH IWr11CH 18 MUDED ? HE yyARRpuppOgggO T EXCEED T THE AE A A CTUAL SUM (`.ATTORSRTAINNEY). S' F THE EES I AMOUNT NCVRRtiEi of BY LENDER. ATTORNEYS' FEES THAT !ENDER SPAY MCOM FROM THE SORROWM SHALL NOT PR= TO SIGHM XOTk WER AND UMXRB ALL THE EXCEED INTEREST RATE PROTVI11043 BORROWER AG ES TO THE TERMS MCiF THE ?,?oY!'IONS OF TH15 NOTE, IiN;LuQINd THE VAR?9I E THIS NOTE 18 OVEN tI1IM SEAL AND rr to INTENDED THAT THIS NOTE IS AND WALL CONSTMrM AND HAVE THE VFW OF A SEALED IISTRuNIENP ACCORDING To LAIN. 90RROwgRt INTERNET SOLOTeONB. INC. CHjAk By: DPNT ? CI'?i EeTT "?C SeaH IPRt:SI NET SOUrT10NS, INC. {FrIr MS1?q,1?. W+140?Gw N,r,r Mw,dS,l?yMw NIL 71e. IN/NUMWra .IY tMwA1700?rC M?b17 /RA1 06/21/2010 08:59 FAX 317 267 3735 SMALL BUS MANAGED ASSETS (Pape 1 of 1) 1003 -2 vp6 DISCLOSURE FOR CONFESSION OF JUDGMENT ca ... atey? "' ?SX`KLWO b .. .«:: .??? ? • ? r... f::: II:J7 ?'Y. YA ' ... ?"' z^?..• - , .. ?? References in the shaded area are for lender's use otM?i and do not limit the aPEIIo"tf of this document to any Particular loan or Item. A item above containin • • • • has been omitted due to taxt lenoth limltatiens. Declarant: CHILITECH INTERNET SOLUTIONS, INC. rm: Lender: PNC Bank, Nodorml Association 23-3046050) Business Sankft 210 MARXET MEET 4242 Garfish Pike WILLIAMSPORT, PA 17701 Cw+m 401. PA 17001 DISCLOSURE FOR CONFESSION OF JUDGMENT THE UNDERSIGNED IS EXECUTING ON BEHALF OF DECLARANT, THIS _?" DAY OF A? v r g0 , A PROMISSORY NOTE FOR $10.000-00 OBLIGATING DECLARANT TO REPAY THAT AMOUNT. A. THE UNDERSIGNED UNDERSTANDS THAT THE NOTE CONTAINS A CONFESSION OF JUDGMENT PROVISION THAT WOULD PERMIT LENDER TO ENTER JUDGMENT AGAINST DECLARANT IN COURT, AFTER A DEFAULT ON THE NOTE, WITHOUT ADVANCE NOTICE TO DECLARANT AND WITHOUT OFFERING OECLARANT AN OPPORTUNITY TO DEFEND A3AINST THE ENTRY OF JUDGMENT. IN EXECUTING THE NOTE, BEING FULLY AWARE OF DECLARANT'S RIGHTS TO ADVANCE NOTICE AND TO A HEARING TO CONTEST THE VALIDITY OF ANY JUDGMENT OR OTHER CLAIMS THAT LENDER MAY ASSERT AGAINST DECLARANT UNDER THE NOTE, THE UNDERSIGNED, ON BEHALF OF THE DECLARANT, IS KNOWIINGLY. INTELLIGENTLY. AND VOLUNTARILY WAIVING THESE RIGHTS. INCLUDING ANY RIGHT TO 'ADVANCE. NOTICE OF THE ENTRY OF JUDGMENT, AND THE UNDERSIGNED EXPRESSLY AGREES AND CONSENTS TO LENDER'$ ENTERING JUDGMENT AGAINST DECLARANT BY CONFESSION AS PROVIDED FOR IN THE CONFESSION OF JUDGMENT PROVISION. 8. THE UNDERSIGNED FURTHER UNDERSTANDS THAT IN ADDITION TO GIVING LENDER THE RIGHT TO ENTER JUDGMENT AGAINST DECLARANT WITHOUT ADVANCE NOTICE OR A HEARING. THE CONFESSION OF JUDGMENT PROVISION IN THE NOTE ALSO CONTAINS LANGUAGE THAT WOULD PERMIT LENDER, AFTER ENTRY OF JUDGMENT, AGAIN WITHOUT EITHER ADVANCE NOTICE OR A HEARING, TO EXECUTE ON THE JUDGMENT BY FORECLOSING UPON, ATTACHING. LEVYING ON, TAKING POSSESSION OF OR OTHERWISE SEIZING DECLARANT'S PROPERTY, IN FULL OR PARTIAL PAYMENT OF THE JUDGMENT. 101 EXECUTING THE NOTE, SING FULLY AWARE OF DECLARANT'S RIGHTS TO ADVANCE NOTICE AND A HEARING AFTER JUDGMENT IS ENTERED AND BEFORE EXECUTION ON THE ,JUDGMENT, THE UNDERSIGNED, ON BEHALF OF THE DECLARANT, Ef KNOWINGLY, INTELLIGENTLY AND VOLUNTARILY WAIVING THESE RIGHTS, AND THE UNDERSIGNED EXPRESSLY AGREES AND CONSENTS TO LENDER'.; IMMEDIATELY EXECUTBaG ON THE JUDGMENT IN ANY MANNER PERMITTED BY APPLICABLE STATE AND FEDERAL LAW, WITHOUT GIVING DECLARANT ANY ADVANCE NOTICE. C. AFTER HAVING READ AND DETERMINED WHICH OF THE FOLLOWING STATEMENTS ARE APPLICABLE, SY INITIALING EACH STATEMENT THAT APPLIES, THE UNDERSIGNED REPRESENTS THAT: INITIALS 1. DECLARANT WAS REPRESENTED BY DECLARANT'$ OWN INDEPENIDENT LEGAL COUNSEL IN CONNECTION WITH THE Nom 2. A REPRESENTATIVE OF LENDER SPECIFICALLY CALLED THE CONFEIISION OF JUDGMENT PROVISION IN THE NOTE TO OECLARANT'S ATTENTION. THIS DISCLOSURE IS GIVEN UNDER SEAL AND IT IS INTENDED THAT THIS DISCLOSURE IS AND SHALL CONSTITUTE AND HAVE THE EFFECT OF A SEALED INSTRUMENT ACCORDING TO LAW. DECLARANT: CHILITECH INTERNET SOLUTIONS, INC. (Seal) A 1 0 INTERNET SOLUTIONS. NO. UIM Mpf.rra rr. I.nA9.Wp Wp. IMY?e ww,Y S?UW,a In?1p7, ?1{. Yllpa bwr..M T. ephWIM.SO TOOM848 Mid F y «q» .%3,11i/2010 08:46 FAX 317 267 3735 SMALL BUS MANAGED ASSETS a 003 1FE VWBANK March,26, 2010 BY O lg'I' • WrVer NAL C E"?i?IAL Andrew Sauers, President Chilitech Internet Solutions, Inc. 210 Market Street Williamsport, PA. 17701 Re: Demand for Payment Dear Mr. Sw=s: As you know, you are obligated to PNC Bank, 1'lational Association, for a certain business purpose loan in the original principal amount of $I(1,000.00 (the "Loan"}, as evidenced by a certain Promissory Note from you to us dated August 4, 2006 (the "Note'). The Loan has a current outstandiug principal balance of $9,000.00, and accrued and unpaid interest through March 19, 2010, of $101.75, and past due late charges of $4,26. . Interest continues to accrue on the Loan at the rate provided in the Note for each day the Loan remains unpaid. As you also know, you are in default of your obligations under the Note for failure to make payments of the Loan as and when due under the Note.. This letter notifies you that PNC BANK MAKES DEMAND FOR kMI EDIATE PAYMENT OF THE LOAN. If the Loan is not repaid in folk, in good funds, within two (2) business days fiom the date -of this letter, we will consider taking actions to collect the Loan from you and/or any sureties, including turning the matter over to our -collection counsel. Please call we at 317.267.7361 to arrange for repaym,-at of the Loan. yours, Rhonda Davis, Officer CRC - Credit Policy cc: Andrew Sauers, Guarantor - BY OVERNIGHT MAIL 48 Wyndmere Drive Williamsport, PA 17701 Geoffrey S. ShuJ% Esquire 210MO (Am em) Ext„tb,_ } "`C COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION PNC BANK, NATIONAL ASSOCIATION, DOCKET NO. l b - y1 ?iV ?? (tertr? Plaintiff V. : CONFESSION OF JUDGMENT CHILITECH INTERNET SOLUTIONS, INC., : Defendant : PREVIOUSLY ASSIGNED TO: N/A PRAECIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please enter my appearance on behalf of Plaintiff, PNC Bank, National Association. Papers may be served at the address set forth below. Geoffrey S. Shuff, Esquire McNees Wallace & Nurick LLC C 100 Pine Street, PO Box 1166 9 a Harrisburg, PA 17108-1166 fir.; r n:2 237-5439 Respectfully submitted ?- F5 M , McNees Wallace & Nurick LLC Date: June 2010 By: S hfi ff, Esquire preme Court ID #24848 100 Pine Street, PO Box 1166 Harrisburg, PA 17108-1166 (717) 237-5439 Attorneys for Plaintiff COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION PNC BANK, NATIONAL ASSOCIATION, : DOCKET NO. y 1840 Civi 1 To rw, Plaintiff V. : CONFESSION OF JUDGMENT ASSIGNED TO. G ' CHILITECH INTERNET SOLUTIONS, INC., : Defendant : PREVIOUSLY AFFIDAVIT OF NON-MILITARY SERVICE TO THE PROTHONOTARY: 0 `o C w ti .; t I do certify, to the best of my knowledge, that the Defendant in the above-captioned action, Chilitech Internet Solutions, Inc., is not presently on active or nonactive military status. Respectfully submitted, McNees Wallace & Nurick LLC Date: June 2 Z 2010 By: 4r e uff, Esquire eme C YID #24848 100 Pine Street, PO Box 1166 Harrisburg, PA 17108-1166 (717) 237-5439 Attorneys for Plaintiff COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION PNC BANK, NATIONAL ASSOCIATION, : DOCKET NO. (p . 418(.0 V l l Tim Plaintiff CONFESSION OF JUDGMENT A ? CHILITECH INTERNET SOLUTIONS, INC., : Defendant PREVIOUSLY ASSIGNED TO: A ; w rr c. CERTIFICATE OF ADDRESSES' I hereby certify that the precise address of the Plaintiff, PNC Bank, National Association, is 4242 Carlisle Pike, Camp Hill, PA 17011; and that the last known address of the Defendant, Chilitech Internet Solutions, Inc., is 210 Market Street, Williamsport, PA 17701. Respectfully submitted, McNees Wallace & Nurick LLC Date: June Z?- 2010 By: eo . Sh ,Esquire reme Co ID #24848 100 Pine Street, PO Box 1166 Harrisburg, PA 17108-1166 (717) 237-5439 Attorneys for Plaintiff A .u COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION PNC BANK, NATIONAL ASSOCIATION, : DOCKET NO. ?? - ?I) $(o C?ViITem Plaintiff V. CHILITECH INTERNET SOLUTIONS, INC., Defendant CONFESSION OF JUDGMENT PREVIOUSLY ASSIGNED TO: N/ PT`1 7'1 ?tJ NOTICE UNDER RULE 2958.1. OF JUDGMENT AND EXECUTION THEREON NOTICE OF DEFENDANT'S RIGHTS TO: Chilitech Internet Solutions, Inc. N C N C03 C.r rn A judgment in the amount of $10,159.94, plus interest, other expenses, fees and costs 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 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. w Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 Respectfully submitted, McNees Wallace & Nurick LLC Date: Juno 2010 By: 4eo y . S ff, Esquire reme urt ID #24848 100 Pine Street, PO Box 1166 Harrisburg, PA 17108-1166 (717) 237-5439 Attorneys for Plaintiff 4- n COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION PNC BANK, NATIONAL ASSOCIATION, : DOCKET NO. 1p - 141f)(o aiv'll T em Plaintiff V. CONFESSION OF JUDGMENT CHILITECH INTERNET SOLUTIONS, INC., : Defendant : PREVIOUSLY ASSIGNED TO: N/A To: Chilitech Internet Solutions, Inc., Defendant You are hereby notified that on 3 2010, judgment by confession was entered against you in the sum of $10,159.94, in the above-captioned case. DATE: onotary 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. Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 I hereby certify that the following is the address of the Defendant stated in the certificate of residence: Chilitech Internet Solutions, Inc. 210 Market Street Williamsport, PA 17701 Geo ey ff Attorney for Plaintiff NJ A, Chilitech Internet Solutions, Inc., Demandado: Por este medio usted sea avisado que en el dia _ de de 2010, un juicio por admision fue registrado contra usted por la cantidad de $10,159.94, referente al caso mencionado arriba. FECHA: Protonotario LLEVE ESTA DEMANDA A UN ABOGADO INMEDIATAMENTE. SI USTED NO TIENE UN ABOGADO O SI NO TIENE EL DINERO PARA PAGAR TAL SERVICIO, VAYA PERSONALMENTE O LLAME POR TELEFONO A LA OFICINA CUYO TELEFONO Y DIRECCION SE ENCUENTRAN ESCRTTOS ABAJO PARA AVERIGUAR DONDE USTED PODRA CONSEGUIR ASISTENCIA LEGAL. Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 Por este medio certifico que la siguientes son las direcciones de los demandado, dicho en el certificado de residencia: Chilitech Internet Solutions, Inc. 210 Market Street Williamsport, PA 17701 Geo S. S A ogado del Demandante COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL~NI~ CIVIL ACTION ~ -~ r trt'°~, PNC BANK, NATIONAL ASSOCIATION, DOCKET NO. 10-4186 Civil Terms=; -- - Plaintiff 7 = . ~ ' cL :CONFESSION OF JUDGMENT -' ~':- ~= ~<`; -:~ i ~ . . v. ~ ~_ CHILITECH INTERNET SOLUTIONS, INC., Defendant :PREVIOUSLY ASSIGNED TO: N/A RETURN OF SERVICE PURSUANT TO PA. R.C.P. No. 2958.1(c) Plaintiff, PNC Bank, National Association, hereby files this Return of Service and swears and afFums that the person or persons listed below was or were served pursuant to Pa. R.C.P. No. 2958.1(b) with the Notice of Judgment and Execution Required by Rule 2958.1 by certified mail, return receipt requested, as provided by Pa. R.C.P. No. 403. A copy of each receipt for certified mail is attached hereto. Chilitech Internet Solutions, Inc. 210 Market Street Williamsport, PA 17701 McNees Wallace & Nurick LLC Date: July 8, 2010 By: Geo ey S squire S r ourt #24848 100 Pine Street, PO Box 1166 Harrisburg, PA 17108-1166 (717)237-5439 Attorneys for Plaintiff 7160 3901 98+4,b 5253 8700 j1D; Chilitech Internet Solutions, Ina 210 Market Street Williamsport, PA 17701 SENDER: 30220/OGMK REFERENCE: 16085.0280 - Chilitech RETURN ~~ge ` RECEIPT Certified Fee ~ SERVICE Return Receipt Fee ~ • ~ Restricted Delivery Total Postage ~ Fees • s US Postal Service p ~,_~ ,DATE ~. _ Receipt #or ~ ~:; t Q ~' Certified Mail ~ D ~' ~`~ >, ~ _ , ' ~G ~ ~' No Insurance Coverage Provided _ ___-- ~~~.~~ Do No[ Use for International Mail ,-^,i r< ~ d ~.,. 2. Article Number • - A. Received by (Please Print Clearly) 'B^.')Date of Delivery / ~l© uro ^ Aysnt Addresses 7160 3901 9848 5253 8700 D• ffYES~,errte~rddeliwryaddresabebwmt7 pNi'~"o 3. Service Type CERTIFIED MAIL 4. Restricted Delivery? (Extra Fee) QYes 1. Article Addressed to: Chilitech Internet Solutions, Inc. 210 TVlarket Street Williamsport, PA 17701 16085.0280 - Chilitech 3022' ~/~ ,GMK i PS Form 3811, January 2005 Domestic Return Receipt