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Home My WebLink About10-4187 COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION PNC BANK, NATIONAL ASSOCIATION, : DOCKET NO. 0 - 141 $1 (2-tv l ! TerM Plaintiff CONFESSION OF JUDGMENT V. CHILITECH INTERNET SOLUTIONS, INC., : Defendant : PREVIOUSLY ASSIGNED TO: N/A CONFESSION OF JUDGMENT 4 q Pursuant to the authority contained in the warrant of attorney, the original q cop! of Vii; . which is attached to the Complaint filed in this action, I appear for the Defendan?' coidess - judgment in favor of the Plaintiff and against the Defendant as follows: a;E t rr t^rt a. Principal $34,452.88 , C b. Interest to June 19, 2010 $ 1971.22 .0 C. Late Charges d. Attorneys' Fees TOTAL: $ 560.70 3,642.41 $40,627.21, plus interest, other expenses, fees and costs Respectfully submitted, McNees Wallace & Nurick LLC Date: June2 ; 2010 By: hu squire preme Court #24848 100 Pine Street, PO Box 1166 Harrisburg, PA 17108-1166 (717) 237-5439 Attorneys for Plaintiff 4aq. 5o PD 1R'W e* Iq Iq%1 5 %A a e W?' L4 S s COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION PNC BANK, NATIONAL ASSOCIATION, DOCKET NO. Plaintiff CONFESSION OF JUDGMENT V. CHILTTECH 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 Eighty Thousand Dollars ($80,000) ("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 i , 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 $34,452.88 b. Interest $ 1,971.22 C. Late Charges $ 560.70 d. Attorneys' Fees 3 642.41 TOTAL: $40,627.21 7. Interest continues to accrue at the rate of $9.81 per day 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 Forty Thousand Six Hundred Twenty-Seven and 21/100 Dollars ($40,627.21), plus interest at the rate of $9.81 per day 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: JuneZ L 2010 By: Z®re y . Shuff, Esquire CourtID #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 V. : CONFESSION OF JUDGMENT 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 unworn falsification to authorities. PNC BANK, NATIONAL ASSOCIATION Date: B 1 Y• onda Davis Officer 03/10/2010 19:26 FAX 317 267 3735 (Page I of 3) In the shaded SMALL BUS MANAGED ASSETS PROMISSORY NOTE orq a+d"do rat Borrower. cmjL %vm g11T7RtNEi' muTiONB, INC. malt Lentlar: 210 MARKET STREET WIIJ AMSP(RT PA 17701 11010 this document to any particular loan or lam, PWC Sank. Nodarial Association Susi nss Banking 420 Cadisle fte Ctnrtp "Ill. PA 17001 PrlnClOd Amount. $80,000.00 Interest Rata: 10.250% date of Note: August 4, 2006 PROMISE TO PAY. CHiLITECH WTMiWkT SOLUTIONS, INC. f"atawww") promlaes to grey to PNC Sank, National Aasadadow (lAnder"). or order, to h kvhd money of the United Stags of Amrrrica. the principal ttnlotnrt of romy Thousand Ii Doll Do Dollars 1580.000.001. tDodoer With inrwrest at the rate of 90.25076 par stunrrt on the axhpsfd peincipsi balmae from August 4> 2008. tertil paid br tug. The interest fsw may shange order the terms and coedidorn of the INTEREST AFTER DEFAULT" moon. PAYMEM. eorr0wer will pay this loan in 60 payments of 51,719.63 each payment. Borrower's first payment Its due September 4, 2006. and IN subsequent PSYmonts are due on rite !erne day of am* month attar that. Borrowar's final payment will be dire on August 4, 2011, and will be for all principal and all accrued krtspst not yet PM. Payments Include prkrcipai and imarast, Unlass othftwise agreed or required by applicable law, payments will be applied fist to any accrued unpaid Interest: than to princlpah than to any unpaid collection eosti; one than to any low charges. The arawel irteresi rote for this Now Is sompated on a M1360 basis, Fthet le, by eppiyitig the ratio of the annual Intirest ram over a year of 360 days, multiplied by [fie oubtondim prltdpet balance, m%A%Aad by the sawai number of days ilia prirew balance In t? cuistanding, ? pavrwt the actual amount is caloulsted on the assumption that each porioclo paymrent will be made an the date when due. and if Schedule provided to Borrower Its payment Qates, there may be an addhional enlourd duo upon 44110 ty of We Note. Any eri1*44stion only, on setimrate, and is superseded by the la m$ of this Note ragudng the accrual and payment of interest Borrower will Pay Lender at tondo's edd?ass .hewn above at at such Oder puce as Lander may designate in wridam PRIEPAYMBNY PENALTY. Upon prepayment of this Note. Lender is an Wed to rho &M:Pwing prepayment Pan&* it this Note beare interest at the noadrhg Raw, the Its I , adoess my be prepaid in whole or in nett at any titre witlrort penalty. It tiro Noto beers inlorest at a Fixed Raw, notrvidtstarrdlry onythhrg dontakted herein W the contrary, upon arty prepayment by or ee behalf of eM Borrower {whether voGrtwry, on delimit or otleiewfeel, the Borrower shag, upon demand by the Sank, Pay the Sank or gumpenstr0on for the cost of being prepared W advisoce fixed rate finds harwnder en amorant agues to the Coat of Pwpsyment, "Cost of Propeym eivr mean an amount equal to the prassrm wetw, It positive, of the product of (a) the dlffew= between f) fha yield, en On beef ring data of the applicable interest Period, of a U.S. Trsecery oft%don vullle a mmu ty almlw to the applicable Interest period minas 118 the yield an the prepayment dew, of a U.3. Trae" obMgelfpn with a moUirty similar to the remel" meu ty of the applhcable harass period, and IN Me pritelpa) amount to be propeld, and ie) tie number of years, bwk dbv fraralwml Years. from[ the pow"meas dote" the end of the applicable Ittarest period. The yleid on any U,S. Treyeay obligation shall similar rtrStwd y t! gR?ere H.161619) 'Ssiaeted Interest Rates'. For purposes of no" present wilts be Adee in the byref re c maturity io Federal Reserve Cat of Prepoige v shag soot o"my CUP** an the prepayment deft shell be deonled the dlscatont rate. The the tareg0irtg. Harrower maapply to any Payments y w mg or mods after ac ulsraebn of die nsturkir of this Now whNt a Fbwd Rah is to effaat tbaesp for t fender in writing, rwFave Borrower at Borrower's obligation of the smowrt owsd eerger tort it M ", Insole psymtams will not, urdsse agreed to by ewer's obligation to continue to make paymerhta under the" mom oohidute. now, early Payments will reduce the principal balance dye and may result 0) Borrower's making fewer payments, Borrower agrees not to saw Lander paymen;x wsAald 'paid in full', "without recourse", or similar longumm. If Borrower sends such a payment. Lander may swept it without losing LandWe dots under this Note, and Borrower will remake o atad to pay any further . awed Lender unlaatlany of conesrning disputed amounts, inc ate. that the pa oyRtarlt . rmnsd A itutas written ia+dih8 any check or other payment krstnument that t i0 indi,eates " of "Psymerrt in me m fugarf the amount owed or that is tendered with other contgtiona or dmitstions of as full SallsfaDtIon of a disputed amount must be melted or desversd to: PNC Bank, National Association, Attn., Doc Prepi0paratiens Department - 69CA4, 8600 Tirdcum Boulevard 6th poor Philadelphia, PA 19153. LATE CHARGE. It a Payment Is 15 dogs or more late. Borrower will be charged 5.000% of the nVutaWy scheduled payment or $100.00. whichow is less. g rMIST AFTER DEFAULT. Upon detsulL including fohura to pay upon final msturity, the Interest rata on this Note shag be Inommod by 5.000 percentage points. It judWmnt is entered in connocilon with this Note, interest will oonlinue to accrue after the One of Judgment at the rata in of fact at the tits judgmtnt is entered. However, In no event will the interest rate exceeol the msxknum Interest rate limitations under applicable law. DLeFAULT. Each of the following stag constitute an avant of default (71vent of Defauk'), "rrder this Note, Payment Debut. Borrower fails eia make any payment,wlnn due, Other 001aaft. Borrower a Grantor falls to comply with or to perform any'othar term, obligation, covanant or condition contained In We Note or In any of the related documents or to comply with or to perform any term. obligation, covenant or condition contained in any other agreement between Lender end Borrower- Defsrdt In Favor of Third Pardee. Borrower or any Grantor defeuhs under any loan, extension of malt, Securityaemont, purchase of sales agreement, or any odd agreement. In laver of any other creditor or person that may motsrt* affect any of Borrower's property or Borrower's ability to repay this NO% or perform 8orrower'w obligations under this Note or any of the related dno nrents. False SutarrmNs. Any werramy, representation or stswment made or tumtshad to(LoMer by Borrower or on Borrower's behalf under this Note or the related documents is false or mkdeadkv in any material respect. afthsr mow or at the (fee made or furnWW or becomes rater or misleading at any time thereafter. Insolvency. The dssokition or termdnsdon of 9orrower'a existence as a going business, the Irsolvoncy of Borrower, the eppolertment of a receiver for any port of ltorrower's property, any assignment for the benef t; of creditors, any type of creditor workout, or the commencement of any prwmdktg under any bankruptcy at Insolvency laws by or apaktet Borrower. Croaker or Forfeiture Proaeedings. Commencement of foreclosure or forfeit ra Iirooeedings, whether by Iuditdof proceatling. self-help, repossession or any other method, by any eredlior of Borrower or by any governmental sy envy against any collateral securing the loan. This Includes a garnishment of any of Borrower's owountt, kftding deposit accovints, win Lender. However, this Event of Default shag not apply If there Is a good faith disputo by Borrower as to the validity or reasonsbfeneem of the claim which Is the basis of the creditor or forfeiture proceeding and if borrower paves Lander written notice of the otadliet or f4feture proceeding Arid deposits with Lender monies or a surety bend for the araditor ce forfeiture proceeding, In an amount determined w Lender, In its sole diacrmlcin, at boirg on adeaunte C x 1? , b 'h t ? ?,? 03/10/2010 19:27 FAX 317 267 3735 SMALL BUS MANAGED ASSETS Q011 tPnge 2 of 3) PROMISSORY (COTE (Confined) Page 2 ieserve or bond for ft dispute. t'uarart A Ass or of bGt corr. itlcomp f t revokes entsoccum with respect to any Guanurter of any of the iwebminess or any evidenced by this Note. pates the validity of, •?r NebilitV under, any guaranty of the indebtedness Change In Ownershlp. Any change In ownership of twenty-fh+a I>arevnl 125ti) Or mono of the common stock of ila+rrower, Adverse Chat". A Material adverse change occurs in Borrower's flnetwipt condition, or lender bona"" the PnaaPect of payment or Y. Lender in good faith holism itself insecure, UUMM'S RIGHTS. Upon default, Lander may, after giving such notices as required try appiiosblo ". declare tha entire unpakl princlInt balance on this -NM and all accrued unpaid interest Immediately due, without notice, and then Borrower will pay that snwunt. ATTORNEYS' FEM f7CPBNS& Lander may hire or pay someane also to Lender that arttvunt, This Includes, "out to any Hefts under appileable lawhsf? Lendn?abls ' Ro Note It and Hoard Ladons I not w Borrower w1N pay not there Is a iawsift, inoludatg atton+eys' foes, exps,use for bankruptcy proceedfts dtly o "cate aeany era, whether or or ir4unoth ti, appaela and any anticipated postyudgentant collection services. It not Pronibic dbya"Reable low, Borrower W" WIN pay any court costs, In addition to ON otter sums provided by law. WAIVER OF AM TRIAL. THE SORROWIM IRREVOCABLY WAIVES ANY AND ALL AINHTS THE BORROWER MAY HAVE TO A TRIAL BY JURY IN ANY ACTION. FROCI MHG Oft CLAIM OF ANY NATURE RELATING TO THIS NOTE ANY DOCUMENTS OCECUrw IN CONNECTION WITH THIS NOTE OR ANY T"ANSAOTION CONTEMPLATtO IN ANY OF SUCH OMMEMTS. THQ BORROWER ACKNOWLEDGES THAI' THff FORVSO N0 WAIVER 19 KNOWIM AND VOLUNTARY. GOVERhgNG LAW. Thfe NOW w M be oovernod by federal saw oppila" to Lards and, torthe fttem not Preempted by fedsrai law. the laws of t" ? ? yhranls w lst out regard to its conlNste of law pniniWap. This Nees has bow scooped by Lender In the CHOICE OF VENUE, If then Is a lawsuit, Borrower egrom upon Lender's request to submit to the Wadictim of the courts of Cumberland City, comnnonwookh of Pentiromma, RIGHT OF SETOFF. M addition to all awn upon and rights of sate" spurs Borrower's "may. s9cur)tca or other property law, Lander shall have, with respect to ftonow4Ws ob6padons to Lender under this Nobr and to the extent permitted by given to Lender by possessory security Interest in and a contractual right of setoff against, and Sorrowar hereby assigna, coney daNvsrs, l law, s and transfers contractual to Lander all of Bomwior's right, this and interest in and to. ON of forrower's deposits, mane property n s end hereafter in the possession of or on deposit wilt, or in transit to, Lander Or any other direct or indtreot Bub securities and other progeny now or hemap, Inc., whether held in a 9&-401 or spwW account or deposit, whathor hold M* hey of The whether d fo S aft oa Group, otherwise, exdudfn9, however, all IRA, Keogh, and trust accounts. Every such socu wrtA tesomeone rest i also, or whether held for salakaapi h or demand uott p or notles to Borrower. Every such right Of $Mff $haN deemed be" been ro ier d?°t setoff ? may be exsrotsen without amm of Default hereunder witltovt any action of Lender, although Lander may enter such asetoff on he books and tecpt a later time. of an COLLATERAL. Borrower acknowledges this Note is secured by the following collateral described in the ass (At a Mrittgage dated +MitY inatrwnei listed herein: August s, 2008, to Lender on real property foeated In LYCOMING County, Commonwealth of Pennsylvania. 161 Inventory, ehuttat paper, accounts, equipment, genard intanoftes and consumer Hoods dear rNred In a Commercial- Socuritir Agreemant dated August 4. 2008. FINANCIAL INFORMATION PROVISION. Borrower ogress to deliver any finamclal and other baelrwn Information concerning gerrower that Lender may request from time •m time, each as annual and Interim financial statements; fall of which shall be prepared In occordence with gehara ly accepted swots tfnp principles) and fwkrsl income tax Mums. DEPOSITORY. Borrower will ostabgsh and maintain, with Lender. Borrower's primary depository accowltsl- It Borrower falls tb establish and/or reto teen its pParrary depository aceow,tts) w{th Lender, Lender rosy. el its optic-, upon th" W days notice to Borrower, Increase the Interest payable by eotrowar u?xfsr desa Note by up W 1.00 peresmege pouhts it Aft). Lender's right to limmass the Interest rate pursuant in fhb psrepraph shall be Nn addition to cry Other rights or remadas LanderY haw under this dote, ON of which are hereby reserved, and shall not consUtuts a welver, release or Umiretior, upon Lender's sxarciaa of any arlCtr rights or remedies. AUTOMATIC DEIi1T OF PAYMMIITS. Thv BartoweS hereby authorizes qte Leetder to charge the Borrower's deposit account at the Lander for any Payment when due nereundsr. K the 1lorrovrer revokes this euthodzadon for any reason VAS"Oever or fags to makhatn a deposit account with the .!etcher while may he aharpsd, tNe Lender moy, st ire option. upon thirty 13M days nodal to the Borrower, Incresse the interest rate payable by the ®orrower under Chir Note by tvrontHINne 1251 Beals po:nf:10.259b), WC=$0 WTWMTS. The tarts of this Note shell be binding upon Borrower, and upon Borrower's heirs. personal represenrulm, successors and a mina, and shall bus to the bonsAt of Lender and its tucosseors and seat=. GERIRAt i HOM0NS, Lender may delay or forgo enforcing any of its rights or mmodles under this Now without losing them;' Borrower and any other person who signs, guarantees or. endorses this Note, to the extent allowed bytfew, waive pnsentme-t, demand nor payment, and , notice of t5shorior. UM any change in the 'tsrms of this Note, end unless othorwiae wWrssaly stated In writing. re party who olgna this Note. whether as maker, gustwwr, accommodation mailer or endorser, shell be released from pebgRy. AN such parties agree that tender may renew or extend (repeatedly and tar any length of timal lids toes or release Arty prey or gwranton or oallstersh or Impair, fall to reaNza upon or parleot Lender's ssauity NMMUat fn the eollaphrak and take any other e&t&n deemet! necessary by Lender wkhcw the consent of or notice to onyw* moth-oatlor?f his -nets a o Lender Wray modify this loon whfmut the ooneent of or notice to anyone other then the patty with whom the "dit urMSrhtorovabie, it wNi not exnet osapr t Nets ere hotel cant arveral. If any patron of this Note is for any recast determined to be drty of any other P>rovisbns of tuts Now. COffNFESSIOII OF JUbQtgelFlliT TFIE OORIIOWER NtNiffiY r:OtPOyy@M ANY ATTORNEY OF ANY COURT OF RECORD. AFTER THE OCCURRENCE Of ANY SY?IT OF DEFAULT HN@iEUNON{R, TO APPE/tR FOR THE BORROWER AND. WITH OR WITHOUT COMPlAW FILED. f.`Oa1PBBS JUt1eiMpIT'0 R A aEdtIES OF JUDGI IILNTS. AQAINBT THE OORltOlysllA IN FAVOR OF LENDER OR ANY HOLDER N OF FOR THE a OTE, All ACCRUED INTEREBT AND ALL OT"IM AMOUNTS DUB HIic71BUNDER, TOGETHER WITH COM OF SM AND AN WTIRE PRINIWAL SAILIU CE OF THIN NCOW4 THE OF 10% OF SU PRINCIPAL ANf) INTOtEST OR $11AW ADDED AS REASONAKA ATTORIaAWS A D FOR gOIN000 OF 0. THE GNOTE REATER oR A COPY VERIFIED BY AFFICAV ALL BE A SUFFICIENT WARRANT. THE BORROWER HORNY FOREVER WAIVES AND RELEA8I18 ALL VMORS Be SAID PROCEEDINGS AND A" MGM OF APPEAL AND ALL RELIEF, MON ANY AND ALL AMPAISCM9nT. STAY OR EXI FTION LA.VJ9 OF ANY STATE NOW IN FORCE OR HEREAFTER ENAOT150. INTEREST ON ANY SUCH JUOGAIMT $HALL A00RUE AT THE DEFAULT RATP- 03/10/2010 19:29 FAX 317 267 3735 SMALL BUS MANAGED ASSETS . ? 012 %Page S of 3) PROMISSORY NOTE (Continued) Pag° 3 NO wwu pWICISS OF THE FOREGOING POWER TO CONFESS JUDGMENT, OR A SERIES OF JUDGMENT9. ?EXFTHATtI?ST THE p COaTma on mor ANY SUCH D ESHALL ES HELD BY ANY COURT TO SE IWVAL.ID. SMLL VVOKkAKL ON as AEEMED TO BUTA, K T ER A6 L L CON ; Hd S AND HAVE RECEIVED D IT MAy IS PAYMENT IN PULL OF QMWISAD TKE DEW, FROM ? TO TIME AS OFTEN AS M LL VOID. U LE NW SHALL ELECT ATM' THE TIL, $UC SUCs COMMISSION PROVIDED AV IN RECEIVED IRE MUOT AND COSM NOTwrrm6TA9Dvjq THE ESTAKISHINGI A SUM CERTAIN), THE AMOUNT OF ATTORNEYS' PPEEES TTHHATII?WOW MAYY RECOVER FROM THE BORAFOOt O RIALL OF EXCEED THE ACTUAL ATTORNEYS' Fos INCURRED S'Y LEIN IML BRACE NO PRIOR TO SIGNING THIS NOTE. 5011NOWER READ AND UNDERSTOOD ALL THE PROVISIONS OF THIS NOT- TERMS OF THE NOTE. BORROWEp pGgEgg TO T1GE THIS NOW I$ GIVEN UNDER SEAL AND IT M INTENDED THAT THI$ NOTE is AND ONALL CONSTITUTE AND HAVE THE aft= OF A BMW WSTRUNIENT ACCORDING TO LAW. BORROWER: ' CHR F Wtt wrown SOLUTIONS. 1N0. OETiIT W C C IS?eN INTERNET SINC. N.., nio WON.Wr? wm O.. rnMrM+wtwr...Ya uv. ,rAw.llrn?... 11o1RNWat R+oo?1N's,.1 06/21/2010.08:59 FAX 317 267 3735 SMALL BUS MANAGED ASSETS 004 (Page 1 or 1) Declarant: CHILITECH INTERNET SOLUTIONS, INC. (TIN: Lender: PNC Bank. NagonN Association 23-304608p1 auxins" Banking 210 MARKET STREET 4,242 Carlisle Pike WILLIAMSPORT. PA 17701 COW HILL PA 17001 DISCLOSURE FOR CONFESSION OF JUDGMENT THE UNDERSIGNED IS EXECUTING ON BEHALF OF DECLARANT. THIS DAY OF A v G y 5 T . 20_g ( A PROMISSORY NOTE FOR $00,000.00 OBLIGATING DECLARANT TO REPAY THAT AMOUNT. A. THE UNDERSIGNED UNDERSTANDS THAT THE NOTE CONTAINS A CONFESSIO:Y OF JUDGMENT PROVISION THAT WOULD PERMIT LENDER TO ENTER JUDGMENT AGAINST DECLARANT IN COURT. AFTER A DEFAULT ON THE NOTE, WITHOUT ADVANCE NOTICE TO DECLARANT AND WITHOUT OFFERING DECLARANT AN OPPORTUNITY TO DEFEND AGAINST THE ENTRY OF JUDGMENT, IN EXECUTING THE NOTE. BEING FVL1.Y AWARE OF DECLARANT'S RIGHTS TO ADVANCE NOTICE AND TO A HEARING TO CONTEST THE VALIDITY OF ANY JUDGMENT OR OTHER CLAIMS THAT LENDER MAY ASSERT AGAINST DECLARANT UNDER THE NOTE, THE UNDERSIGNED, ON BEHALF OF THE DECLARANT. IS KNOWINGLY, INTELLIGENTLY, AND VOLUNTARILY WAIVING THESE RIGHTS. INCLUDWO ANY RIGHT TO ADVANCE NOTICE OF THE ENTRY OF JUDGMENT. AND THE UNDERSIGNFJ7 EXPRESSLY AGREES AND CONSENTS TO LENDER'S ENTERING JUDGMENT AGAINST DECLARANT BY CONFESSION AS PROVIDED FOR IN THE CONFESSION OF JUDGMENT PROVISION. B. THE UNDERSIGNED FURTHER UNDERSTANDS THAT IN ADDITION TO GIVING LENDER THE RIGHT TO ENTER JUDGMENT AGAINST DECLARANT WITHOUT ADVANCE NOTICE OR A HEARING. THE CONFESSION Of JUDGMENT PROVISION IN THE NOTE ALSO CONTAINS LANGUAGE THAT WOULD PERMIT LENDER, AFTER ENTRY OF JUDGMENT, AGAIN WITHOUT EITHER ADVANCE NOTICE OR A HEARING, TO EXECUTE ON THE JUDGMENT BY FORECLOSING UPON, ATTACHING. LEVYING ON, TAKING POSSESSION OF OR OTHERWISE SEIZING DECLARANT'$ PROPERTY, IN FULL OR PARTIAL PAYMENT OF THE JUDGMgNT. IN EXECUTING THE NOTE. BEING 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, IS KNOWMGLY, 1I NTELLIGENTLY AND VOLUNTARILY WANING THESE RIGHTS. AND THE UNDERSIGNED EXPRESSLY AGREES AND CONSENTS TO LENDEWS IMMEDIATELY EXECUTING ON THE JUDGMENT IN ANY MANNER PERMITTED BY APPLICABLE STATE AND FEDERAL LAW, WITHOUT GIVING DECLARANT ANY ADVANCE NOTICE. 0. AFTER HAVING READ AND DETERMINED WHICH OF THE FOLLOWING STATEMENTS ARE APPLICABLE. BY INITIALING EACH STATEMENT THAT APPLIES. THE UNDERSIGNED REPRESENTS THAT: INITIALS 1. DECLARANT WAS REPRESENTED BY DECLARANT'S OWN INDEPEMDENT LEGAL COUNSEL MI CONNECTION WITH THE NOTE. 2. A REPRESENTATIVE OF LENDER SPECIFICALLY CALLED THE CONFEWION OF JUDGMENT PROVISION IN THE NOTE TO DECLARANr'S ATTENTION. THIS C"CLOSURE 18 GIVEN UNDER SEAL AND IT 1S INTENDED THAT THIS DISCLOSURE IS AND SHALL CONSTITUTE AND HAVE THE EFFECT OF A SEALED INSTRUMENT.A000RDING TO LAW. DECLARANT: CHILITECH INTMNET'SOCUTIOW.' NYC. By: ada) DENT Of LI cH INTERNET SOLUTIONS. INC. "m Alb 6,tlw.. W. UlA = C... Z=P* Y+iryw. 6.. ION. WlR M 11966 AII6w,. • M f WWA09W 7U=,i7 RJ -780 FOR CONFESSION OF JUDGMENT cis • 09/26/2010 08:46 FAX 317 267 3735 SMALL BUS MANAGED ASSETS Q002 (D?PNCRANK March ;;6, 2010 BY OVERNIGHT MAIL - PERSONAL AND CO ENTY.AL Andrew Sauers, President Cbilitech Tntexnet Solutions, T.uc, 210 Market Street Williamsport; PA 17701 Re: Demand for Payment Dear Mir. Sauer; As you know, you are obligated to PNC Bank, National Association, for a certain business purpose loan in the original principal amount of $80,000.00 (the "Loan"), as evidenced by a certain Promissory Note from you to us dated August 4, 2006 (the "Note'. The Loan has a current outstanding principal balance of $34,452.88, and accrued and unpaid interest through March 19, 2010,' of $1,078.55, and past due late charges of $280.35. 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 Not-. This letter notifies you that PNC BANK MAKES DEMAND FOR IMMEDIATE PAYMENT OF THE LOAN. If the Loan is not repaid in full, in good funds, within two (2) business days tom 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 me at 317.267.7361 to arrange for repayment of the Loam truly yours, Rhonda ::)avis, Officer CRC - Credit Policy cc: Andrew Sauers, Guarantor - BY OVERNIGHT MALL 48 Wyere Drive Williamsport, PA 17701 ,. Geoffrey S. Shuff, Esquire 210010 (Mw. 0%) COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION PNC BANK, NATIONAL ASSOCIATION, : DOCKET NO. 10 qlo l Cw i l rh 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. 9 Geoffrey S. Shuff, Esquire M N W G c, c ees allace &NurickLLC A 100 Pine Street, PO Box 1166 N ca Harrisburg, PA 17108-1166 ` `? (717) 237-5439 ?> 3 rn co Respectfully submitted, McNees Wallace & Nurick LLC Date: June 2 ; 2010 By: Geo S. S ff, Esquire preme C 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. 10 - NISI 0'-'V%1TeTM Plaintiff : CONFESSION OF JUDGMENT V. CHILITECH INTERNET SOLUTIONS, INC., Defendant PREVIOUSLY ASSIGNED TO: c? c z ? AFFIDAVIT OF NON-MILITARY SERVICE TO THE PROTHONOTARY: -- co 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 7 2010 By: S. uff, Esquire Supreme ourt ID #24848 100 Pin 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. 10 - y1 1-rem Plaintiff CONFESSION OF JUDGMENT V. w c? -n CHILITECH INTERNET SOLUTIONS, INC., : C- C-- C-- if Defendant PREVIOUSLY ASSIGNED TO: N -0 CERTIFICATE OF ADDRESSES 3 co -c 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 j L 2010 By. ey S. S f, Esquire Supreme C ID #24848 100 Pin treet, PO Box 1166 Harrisburg, PA 17108-1166 (717) 237-5439 Attorneys for Plaintiff` iv" COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION PNC BANK, NATIONAL ASSOCIATION, : DOCKET NO. ID - qlg'/ alvit i Term Plaintiff ; CONFESSION OF JUDGMENT V. CHILITECH INTERNET SOLUTIONS, INC., : Defendant PREVIOUSLY ASSIGNED TO: N/ a i n "M TM x NOTICE UNDER RULE 2958 1 123 . . OF JUDGMENT AND EXECUTION THEREON NOTICE OF DEFENDANT'S RIGHTS C -' r Go TO: Chilitech Internet Solutions, Inc. A judgment in the amount of $40,627.21, 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. Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 Respectfully submitted, McNees Wallace & N Date: June 2 2010 By: ,?eo ey S. Shu , Esquire Su eme Court #24848 00 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. 1 p_ y 16r1 Oivt L -Ter m Plaintiff : CONFESSION OF JUDGMENT v. CHILITECH INTERNET SOLUTIONS, INC., : Defendant : PREVIOUSLY ASSIGNED TO: N/A To: Chilitech Internet Solutions, Inc., Defendant You are hereby notified that on 2010, judgment by confession was entered against you in the sum of $40,627.21, in the above-captioned case. DATE: 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 0SJff4,tto1ey for Plaintiff 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 $40,627.21, 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 ESCRI TOS 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 del Demandante ~~ '.FILM?- ~ ~ ~;~~ 2010 .~~L i 3~ l i~~ u COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION a~~- ~ "~' cup a.. , . _~~`~.~r r ~., dIV~) ~ l.Vr,; ~4t'~ PNC BANK, NATIONAL ASSOCIATION, :DOCKET NO. 10-4187 Civil Term Plaintiff CONFESSION OF JUDGMENT 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 affirms 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: eof& ff, Esquire upreme C ID #24848 100 Pine Street, PO Box 1166 Harrisburg, PA 17108-1166 (717) 237-5439 Attorneys for Plaintiff .r ?160 3901 9b4b 5253 8717 To: Chilitech Internet Solutions, Inc. 210 Market Street Williamsport, PA 17701 SENDER: 3022 /GMK REFERENCE: 16085.0280 - Chilitech RETURN r•ostage 7 RECEIPT Certltied Fee . Y . 0 SERVICE Return Receipt Fee ,L . d Restricted Delivery Total Posta(~e & Fees n US Postal Service FQ oR Receipt for ~ o~ ,n%~,~ y j Certified Mail ~ ~,'~-~,. may; ., ~ , No Insurance Coverage Provided c~ ?ja~ ~ ,~~-',.. Do Not Use for International Mail ~~ ci Std . niiiiiii~i~iiiiiiiiiiui~ by (Phase Print Clearly) >ry addroes dlff~rer~ ~mm IOsm 17 enter delivery a ese bebw: 3. Service Type CERTIFIED MAIL 4. Restricted Delivery? (Extra Fee) ^Yea 1. Article Addressed to: Cixilitech Internet Solutions, Inc. 21<~~?Iarket Street Williamsport, PA 17701 PS Form 3811, January 2005 16085.0280 - Chilitech 30221 GMK e. Date or D~l~ery I 7 -t~ly ^ Add~raa« Owe rlNo