Loading...
HomeMy WebLinkAbout11-3544TRANS ASSOCIATES ENGINEERING CONSULTANTS, INC., Plaintiff V. KAIROS DESIGN GROUP, LLC, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA f/_ 3 SNy NO. 2@IIS CONFESSION OF JUDGMENT c o "rt -Elm --j zrn do rn - 20M --V -a r acs o cs ??? _a a °- x cz ca --? co -' -{ cn Pursuant to the warrant of attorney contained in the Judgment Note, a true and correct copy of which is attached to the Complaint in Confession of Judgment as Exhibit "A" filed in this action, I appear for the Defendant, Kairos Design Group, LLC, and as set forth more fully in the Complaint for Confession of Judgment, confess Judgment in favor of Plaintiff, Trans Associates Engineering Consultants, and against: Defendant, Kairos Design Group, LLC - $49,440.96 from April 1, 2011 plus continuing interest at a rate of $14.28 per diem, continuing costs, and continuing attorney fees. CUNNINGHAM CHERNICO , P.C. Date: April 8, 2011 By: Marc W. Witzig, Esquire Nicholas A. Fanelli, Esquire 2320 North Second Street Harrisburg, PA 17110 Telephone: (717) 238-6570 -6 pd CL#1 136 3-) COMMONWEALTH OF PENNSYLVANIA COUNTY OF DAUPHIN : SS. On this, the F) day of A 9 atu , 2011, before me, a Notary Public, the undersigned officer, personally appeared Nicholas A. Fanelli, Esquire, known to me (or satisfactorily proven) to be the person described in the within instrument, and acknowledged that he executed the same in the capacity therein stated and for the purposes therein contained. IN WITNESS WHEREOF, I hereunto my and and official seal. Public C MMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL JULIEANNE AMETRANO, Notary Public City of Harrisburg, Dauphin County , 2015 My Commission Expires February 22 FILING PARTY: Trans Associates Engineering Consultants, Inc. OF i NELP D T NOJTAR'' FILING PARTY'S ATTORNEY: CU I' APR PM 3 Marc W. Witzig, Esquire PA Atty. Ident. No. 29929 CUMBERLAND COUNTY Nicholas A. Fanelli, Esquire PENNSYLVANIA PA Atty. Ident. No. 308136 Cunningham & Chernicoff, P.C. 2320 North Second Street Harrisburg, PA 17110 Telephone: (717) 238-6570 E-Mail: mwitzia(?cclawnc.com or nfanclli(&,cclawnc.com TRANS ASSOCIATES ENGINEERING IN THE COURT OF COMMON PLEAS CONSULTANTS, INC., CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. NO. KAIROS DESIGN GROUP, LLC, Defendant COMPLAINT IN CONFESSION OF JUDGMENT NOW COMES, the Plaintiff, Trans Associates Engineering Consultants, Inc., and as its Complaint in Confession of Judgment avers as follows: 1. Plaintiff, Trans Associates Engineering Consultants, Inc., ("Trans" or "Plaintiff') is a Pennsylvania corporation with a registered address at 4955 Steubenville Pike, Suite 400, Pittsburgh, Allegheny County, Pennsylvania 15205, and a place of business at 123 North Enola Drive, Suite 2, Enola, Cumberland County, Pennsylvania 17025. 2. Defendant, Kairos Design Group, LLC, ("Kairos" or "Defendant") is a Pennsylvania limited liability company with a principal place of business at 4 Lemoyne Drive, Suite 201, Lemoyne, Cumberland County, Pennsylvania, 17043. 3. On February 1, 2009, and for value received, Defendant executed and delivered to Plaintiff that certain Judgment Note (the "Note") in the principal amount of Thirty Thousand 1 Nine Hundred Fifty-Three and 92/100 Dollars ($30,953.92). The Note mandated monthly installment payments beginning on February 8, 2009, and continuing through January 8, 2012, with monthly payment amounts starting at Five Hundred Dollars ($500.00) per month. A true and correct copy of the Note is attached hereto and incorporated herein as Exhibit "A." 4. No judgment has previously been entered on the Note. 5. Judgment under the Note is not being entered by confession against a natural person in connection with a consumer credit transaction. 6. The Note is in default by reason, inter alia, of Defendant's failure to make monthly installment payments after June 8, 2009. 7. The Note, in Section 5, provides that there shall be no "cure period" afforded to the Maker, Kairos, and no notice or other communication by Payee to Maker is required under the terms of the Note. 8. Pursuant to the terms of the Note, as of March 31, 2011, there is payable to Plaintiff the sum of $49,440.96, computed as follows: A. Outstanding Principal Balance: $30,642.92 B. Accrued Interest at 12% $12,798.04 (plus $14.28 per day from 4/1/11) C. Plaintiff's Attorney Fees & Costs': $6,000.00 TOTAL $49,440.96 An amortization table showing the total amount due under the note, the payments made 'Pursuant to Section 6 of the Note, the prevailing party in any action commenced to enforce provisions of the Note is entitled to all costs of suit and other expenses paid or incurred, including but not limited to attorney's fees and collection commission of $5,000.00. 2 thereunder, and the amounts credited to the account is attached hereto and incorporated herein as Exhibit "B." WHEREFORE, Plaintiff, Trans Associates Engineering Consultants, Inc., hereby demands that judgment be entered against Defendant, Kairos Design Group, LLC , in the sum of FORTY-NINE THOUSAND FOUR HUNDRED FORTY DOLLARS AND NINETY-SIX CENTS ($49,440.96), plus continuing interest of 12% per annum provided in the Note, as authorized by the warrant for confession of judgment contained in the Judgment Note. Respectfully Submitted, CUNNINGH KCC R NICOFF, P Date: April 8, 2011 By: Marc W. itzig, Esquire PA Atty. Ident. No. 29929 Nicholas A. Fanelli, Esquire PA Atty. Ident. No. 308136 Cunningham & Chernicoff, P.C. 2320 North Second Street Harrisburg, PA 17110 Telephone: (717) 238-6570 E-Mail: mwitzigncclawpc.com or nfanelli&clawpc.com 3 TRANS ASSOCIATES ENGINEERING IN THE COURT OF COMMON PLEAS CONSULTANTS, INC., CUMBERLAND COUNTY. PENNSYLVANIA Plaintiff V. NO. 2010-2305 KAIROS DESIGN GROUP, LLC, Defendant VERIFICATION I, Brian E. Shunk, P.E., Assistant Principal in Charge, Eastern Region, for Trans Associates Engineering Consultants, Inc., verify that the statements made in the foregoing Complaint In Confession of Judgment are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904, relating to unsworn falsification to authorities. Date: ;an E. Shunk 4 EXHIBIT `A' No. )Q a3c)Scta'11{-fµ THIS NOTE IS DELIVERED AND PAYABLE VYTTHIN PENNSYLVANIA JUDGMENT NOTE $30,95392 Date: as of February 1, 2009 Pittsburgh, Pennsylvania FOR VALUE RECEIVED, Kairos Design Group, LLC a Pennsylvania company ("Maker") having an address at 4 Lemoyne Drive, Suite 201, Lemoyne, Pennsylvania 17043, hereby unconditionally promises to pay to the order of Trans Associates Engineering Consultants, Inc., a Pennsylvania corporation ("Payed') having an address at 4955 Steubenville Pike, Suite 400 Pittsburgh, Pennsylvania 15205, the principal amount of $30,953.92 plus other amounts as stated herein. 1. Interest Rate. In the absence of any Event of Default hereunder no interest on the principal shall accrue. Upon any Event of Default, and whether before or after entry of judgment, interest shall accrue at the rate of twelve percent (12.0•!0) per annum (the "Default Rate'), commencing thirty (30) days after the date of the respective Invoices that comprise the principal herein. Accrued but unpaid interest that is due and owing shall be added to principal. 2. InstaIllwW& Maker shall pay Payee in installments as follows: 1. $ 500.00 no later than February 8, 2009; and c 2. $ 500.00 no later than March 8, 2009; and ' 3. $ 500.00 no later than April 8, 2009; and 4. $ 500.00 no later than May 8, 2009; and ?: - 5. $ 500.00 no later than June 8, 2009; and 6. $ 500.00 no later than July 8, 2009; and 7. $ 500.00 no later than August 8, 2009; and 8. $ 500.00 no later than September 8, 2009; and 9. $ 700.00 no later than October 8, 2009; and 10. $ 700.00 no later than November 8, 2009; and 11. $ 700.00 no later than December 8, 2009; and 12. $ 700.00 no later than January 8, 2010; and 13. $ 700.00 no later than February 8, 2010; and 14. $ 700.00 no later than March 8, 2010; and 15. $ 700.00 no later than April 8, 2010; and 16. $ 700.00 no later than May 8, 2010; and 17. $ 900.00 no later than June 8, 2010; and 18. $ 900.00 no later than July 8, 2010; and 19. $ 900.00 no later than August 8, 2010; and 20. $ 900.00 no later than September 8, 2010; and client-41-tt"wy Job #. L y 13 b0c* 13 9 bescripflow Folder, h '" 21. $ 900.00 no later than October 8,2010; and 22. $ 900.00 no later than November 8, 2010; and 23. $ 900.00 no later than December, 8 2010; and 24. $ 900.00 no later than January, 8 2011; and 25. $1,100.00 no later than February 8, 2011; and 26. $1,100.00 no later than March 8, 2011; and 27. $1,100.00 no later than April 8, 2011; and 28. $1,100.00 no later than May, 8 2011; and 29. $1,100.00 no later than June, 8 2011; and 30. $1,100.00 no later than July 8, 2011; and 31. $1,100.00 no later than August 8, 2011; and 32. $1,300.00 no later than September, 8 2011; and 33. $1,300.00 no later than October, 8 2011; and 34. $1,300.00 no later than November, 8 2011; and 35. $1,300.00 no later than December, 8 2011; and 36. $1,253.92 no later than January 8, 2012. All amounts due and owing under this Note shall come due on January 8, 201.2 ("Maturity Date"), unless earlier demand is made by Payee, as herein authorized. Maker shall enjoy a one-time five (5) calendar day grace period for delivery of any installment due and owing under this Note. Once such grade perjod has been utilized, whether announced by Maker or declared by Payee, then thereafter there shall not be any gray period applicable to any installment due and owing under this Note. Notwithstanding the foregoing, time for delivery of an installment payment to Payee automatically shall be extended in the instance of a nationally recognized "next day" courier service that, having received from Maker its check intended for delivery, experiences delivery setback. In the event that all installments herein identified are paid timely and in full, and in the absence of any Event of Default on the part of the Maker, the Payee shall credit $30,953.92 to this Note and will take the appropriate steps to return this Note to Maker. 3. Payments. All amounts payable by the Maker hereunder shall be delivered to Trans Associates Engineering Consultants, Inc., 4955 Steubenville Pike, Suite 400, Pittsburgh, Pennsylvania 15205. All payments shall be made without demand and shall be free of any reduction, deduction, credit, recoupment, set-off, claim, counterclaim, or any decrease of any nature whatsoever. All principal, interest and other sums due under this Note shall be paid by means of cluck and shall be paid in lawful money of the United States of America that, at that time of the payment, shall be legal tender for the payment of all debts, public and private. 2 H,Vmject 1Ns1o649MAIRO0o1 M CORRESPONDENCEWakaa Judgment Note 120-09.doc if any payment on this Note becomes due and payable on a Saturday, Sunday, or other day on which commercial banks in Pennsylvania are authorized or required by law to close, the maturity thereof shall be extended to the next succeeding business day. Notwithstanding any provision contained herein, the total liability of Maker for payment of interest hereunder shall not exceed the maximum amount of such interest permitted by law to be charged, collected or received from Maker. If any payments by Maker include interest in excess of such maximum amount, then the Payee shall apply such excess to the reduction of the unpaid principal amount due pursuant hereto or if none is due, such excess shall be refunded to Maker. Any such application or refund shad not cure or waive any Event of Default (as defined herein). In determining whether or not any interest payable under this Note exceeds the highest rate permitted by law, any non-principal payment (except payments specifically stated in this Note to be "interest"), including without limitation prepayment premiums and late charges, shall be deemed, to the extent permitted by applicable law, to be an expense, fee, premium, or penalty rather than interest. Instaliment payments timely made hereunder and that clear the banking system shall be applied to the then oldest and unpaid Invoice issued by Payee to Maker. 4. Events of Default. Any of the following events shalt constitute a default or an "Event of Default" under this Note; a. The Failure by die Maker to pay timely and in full any installment due under, or accreted interest on, or any other sum due under, this Note on its due date (or as otherwise allowed under Section 2 above); or b. Commencement of a bankruptcy case, whether voluntary or involuntary, receivership proceedings, or other insolvency proceedings against or involving Maker c. Entry of judgment against Maker and in favor of any person or persons whatsoever, excee&mg $5,000.00 in any one instance or $15,000.00 in the aggregate. S. a neMes, a. Except as concerns the one-time grace period expressly allowed under Section 2 above, there shall be no "cure period„ as regards any default or Event of Default under this Note. b. At any time after occurrence of an Event of Default and Payee's written declaration thereof, Payee, at its option and without any further notice or demand, may do any one or more of the following: (1) without declaring the unpaid principal balance to be due, collect all installments of principal and/or interest and all other sums due under this Note from time to time, by any action provided in this Note, by statute, at law, or in equity, (2) declare the entire unpaid principal of this Note, together with interest accreted thereon (at the interest rate above stated) and all other sums due from Maker under this Note to be due and payable immediately; and/or 3 HAprojed fiWWO49MAIROW2 O CORRESPQNDENCEM(ahve JudgmerA Note 12tt-09.doc (3) exercise any other right or remedy as may be provided in this Note, by statue, at law or in equity. c. Payment of all or any part of the Webtednew (as hereinafter defined) may be recovered at any time by any or more of the foregoing remedies. d. After an Event of Default hereunder the outstanding principal shall accrue interest at the Default Rate as aforesaid in Section 2 above, through and including the date on which the entire unpaid principal balance and all other sums due under this Note and/or any other agreement or arrangement between the Maker and the Payee (collectively, the "Indebtedness") are actually received and collected by Payee. Upon the entry of any judgment, interest shall accrue at the applicable statutory rate on the judgment amount from the date of judgment until Payee's actual receipt and collection of the entire Indebtedness. 6. CM pnd Attar a y'a ComMMI a. In any action under this Note, Payee may recover all costs of suit and other expenses paid or incurred by Payee in connection with collection efforts, including but not limited to attorney's fees and collection commission in amount of $5,000.00. 7. Remedies Cnnasia e. The rights and rwnedies provided to Payee in this Note and/or any other agreement, contract, or other instrument between the Maker and the Payee, including but not limited to all warrants of attorney: L are not exclusive and are in addition to any other rights and remedies that Payee may have by agreement, under statute, at law, or in equity, ii. shall be cumulative and concurrent; iii. may be pumsed singly, successively, or together against Maker at the cote discretion of Payee; and iv. may be exercised as often as occasion therefore shall arise. The failure to exercise or delay in exercising any right or remedy shall not be construed as a waiver or release thereof. 8. per's W era. Maker hereby waives and releases Payee and its successors, assigns, representatives, and attorneys from all errors, defects and imperfections in any proceeding instituted or maintained by Payee under this Note. Maker hereby waives all benefit of any and all present and future statutes of limitations and moratorium laws and any and all present and form laws that: a. exempt a" real or personal property or any part of the proceeds of any sale of any such property from attachment, levy, foreclosure or sale under execution; or 4 H:I OOd IftMOMAIROaoMM CORRESPONOMCEOWM Judront NOW 1.ZW9.doa b. provide for any stay of execution, marshaling of assets, exemption from civil process, redemption, extension of time for payment, or valuation or appraisa meat of any real personal property. Maker hereby waives the requirements of demand, presentment, protest, notice of protest and dishonor and all other demands or notices of any kind in connection with the delivery, acceptance, performance, default, dishonor, or enforcement of this Note. 9. miaeella neoOL a. Ng Joint yam. Payee shall not be construed for any purpose to be a partner, joint venturer, or associate or Maker or of any lessee, operator, concessionaire or licensee of Maker, or bailee of any collateral by reason of this Nom or of any action by Payee pursuant hereto. b. Tim of Essence. Time is of the essence of each and every provision of this Note. c. Suc-omm and Assiarns. The words "Payee" and "Maker" shall include the respective suocewors and assigns of Payee and Maker. The provisions of this Note shall bind and inure to the benefit of Payee and Maker and their respective successors and assigns. Nothing herein shall be construed or interpreted as authorizing Maker to assign any of its duties or obligations under this Note. d. Nu"-ni1er and ClancEer . As to all pronouns and other terms in this Note, the singular shall include the plural and vice versa, and any gander shall include the other two genders, as the context may require, e. Amgg t of Note. This Note may be modified, amended, discharged, or waived only by an agreement in writing signed by the party against whom enforcement of any such modification, amendment, discharge, or waiver is sought. f. Governiftg Law. This Note shall be governed by and construed according to the laws of the Commonwealth of Pennsylvania, disregarding any rules relating to the choice or conflict of laws. Because the Maker has had oppo bm* for advice *00 110911 counsel of fix choice in connection with the review, execution, and delivery of this Note, there shall not apply to this Note any rule or canon of construction that otherwise might support interpretation hereof against the draftsperson. g. pps. Paragraph and section headings herein shall have absolutely no legal significance and are used solely for convenience of reference. h. $sins ent of laeb#. Notwithstanding anything herein to the contrary, m the event any payment fails to clear the banking system or is revarsed, stopped or refused to be honored by the payor bank, voided, rescinded, or otherwise not fully and pmmumently achieved, then the full $30,953.92, less credits for payments not so adversely affected, plus interest accruing thirty (30) days after the date of any Invoice the face amount of which has not been paid in fall, is and automatically shall be reinstated, due, and owing. io. INTENTIONAL ACTS. MAILER HEREBY ACKNOWLEDGES AND REPRESE14TS THAT IT HAS HAD OPPORTUNITY FOR ASSISTANCE, OF LEGAL COUNSEL IN CONNECTION WITH ITS REVIEW, EXECUTION AND DELIVERY OF THIS NOTE, HAS READ AND FULLY UNDERSTANDS ALL OF THE PROVISIONS, TERMS AND CONDITIONS HMF-, AND 5 H_lpmlaat &M49MAiR00012009 CORRESPONQENCEVA" JuVnft (Vote t.".doc VOLUNTARILY, KNOWINGLY AND INTENTIONALLY GIVES THE AUTHORIZATIONS AND WAIVERS CONTAINED HEREIN, INCLUDING WITHOUT LIMITATION THE WARRANT FOR CONFESSION OF JUDGMENT. [Rest of Me intentionally left blank.} H:lpmjw f%w6MXAIR0WMM CORRESPONDENCEWalms Judgmed Node 1204S.oim IL JURY TIDAL WAIVER. MAKER HEREBY KNOWINGLY, VOLUNTARILY, AND INTENTIONALLY WAIVES ITS RIGHT TO TRIAL BY JURY IN RESPECT OF ANY LITIGATION BASED HEREON, OR ARISING OUT OF, OR UNDER OR IN CONNECTION WITH, THIS NOTE OR ANY COURSE OF CONDUCT, DEALINGS, STATEMENTS, OR ACTIONS OF EITHER PARTY ARISING OUT OF OR RELATED IN ANY MANNER TO THIS NOTE (INCLUDING WITHOUT LIMITATION ANY ACTION TO RESCIND OR CANCEL THIS NOTE). 12. CONFESSION OF JUDGMENT. MAKER HEREBY IRREVOCABLY AUTHORIZES AND EMPOWERS PAYEE, BY rrS ATTORNEY, OR THE PROTHONOTARY OR THE CLERK OF ANY COURT OF RECORD IN THE COMMONWEALTH OF PENNSYLVANIA, AND/OR IN ANY JURISDICTION WHERE PERMITTED BY LAW, UPON THE OCCURRENCE OF DEFAULT OR AN EVENT OF DEFAULT, OR AT ANY TIME THEREAFTER, AND UPON THE FILING OF AN AFFIDAVIT OR DECLARATION OF DEFAULT SETTING FORTH THE DEFAULT OR EVENT OF DEFAULT, TO APPEAR FOR. THE MAKER AND CONFESS AND ENTER JUDGMENT AGAINST IT AND IN FAVOR OF PAYEE TOGETHER WITH COSTS OF SUIT AND WITH ACTUAL COLLECTION COSTS (INCLUDING REASONABLE ATTORNEYS' FEES) WITH OR WITHOUT DECLARATION, AND WrMOUT STAY OF EXECUTION FORTHWITH, AND FOR DOING SO THIS NOTE OR A COPY VERMW BY AFFIDAVIT SHALL BE SUFFICIENT WARRANT. THE MAKER HEREBY WANES AND RELEASES ALL RELIEF FROM ANY AND ALL A.PPRAISEMENT, STAY OR EXEMPTION LAW OF ANY STATE NOW IN FORCE OR HEREAFTER ENACTED. THIS AUTHORZY AND POWER SHALL NOT BE EXHAUSTED BY THE EXERCISE THEREOF AND SHALL CONTINUE UNTIL THE OBLIGATIONS ARE FULLY PAID, PERFORMED, DISCHARGED AND SATISFIED. IN WITNESS WHEREOF, and intending to be legally bound hereby, the Maker has executed this Note as of the date first written above. Attest/Witness r tam' M. 0-.t?( Print Name: 7 H:%pr*d McW849MA1RO 12009 CORRESPONDENCEKskm Judgment Note 120.09.doc KA MOS DESIGN GROUP, LLC EXHIBIT 'B' Projects: Kairos Design Group Updated 3/24/2011 06379 Village at South Mountain Development Overdue Invoices with Added Interest 06493 Lower Paxton Restaurant 07053 Medical/Dental Office Building 07054 Harrisburg Area Community College nvoice 07/31/07 Invoice # 11/30107 12/31 /07 08/31/07 09130/07 I $ 01 I _ 01/31108 02/29108 03/31/08 1 05131108 + 06130/08 07/31/08 06 07 i 1 18 -18 19634 $ 8/31/2007 2/ $ 4,940 00 N A I N/A _ N/A $ 49.40 49 40 $ - 49.40 $ ? 49.40 $ _ $ 49.40 - 49.40 $ 49.40 $ 49 40 $ --- 49.40 $ 49.40 ' $ _ - 49.40 29/2008 4,000.00 N/A j N/A N/A N/A N/A N/A j N A N A T N/A $ _ 40.00 $ - 40.00 $ -- 40.00 $ - 40.00 $ 40 00 ,56.00 1 7 N/A N $ 25.69 25.69 $ 1 25.69 $ 25.69 $ 25.69 $ + 25.69 $ 25.69 $ 25.69 $ 2569 $ 25.69 $ 25.69 $ . 25.69 18320 7/31/2007 $ 7 , 72 .00 N/A /A $ 17.27 $ 17.27 $ 17 27 I $ 17 27 $ 17 $ 27 17 27 $ 17 27 $ 17 27 8600 /31/200 . . - . - 7 . . - $ . -; 17 17.27 27 $ 17.27$ 17 27 18661 7 9/30/2007 1099.00 N/A N/A N/A $ 1099 0 10.99 $ 10.99 $ 9- 1 10.99 r $ 10.99 0 9 --- 9 1 99 $ - 10.99 2,198.00 N/A N/A N/A NA $ 21 98 $ 21 98 $ 21 98 1$ 2 '9 2 - - - --- r . . L . . $ 21.9 8 $ 21.98 $ 8 $ 21.98 21.98 $ 21 98 18899 -_ 10/31/2007 1 $ _ ,355.00 2_ NIA -N/A N/A - N/A - N/A $ - 23.55 ; $ $ 23.55 - ? 23.55 $ _ - 23.55 $ 23.55 $ - 23.55 $ - 5 $ 23.5 I' 23.55 $ . -- 23.55 19215 19821 12/31/2007 $ - - - 3/31/2 1,256.00 - N/A N/A N/A N/A N/A ? _ _N_ /A N/A $ 12 .56 $ - _ 12.56 $ 12.56 _ - _ $ - _ 12.56 $ , -- 12.56 $ - 12.56 008 $ 785.00 N/A N/A N/A N/A N/A N/A N/A N A N/A $ N/A 7.85 $ 7 85 $ 7 857$ 7 85 18321 7/31/2007 $ - 3,276.00 _ N/A N/A $ 32 76 $ 32.76 . $ 2.76 , $ - - 32.76 I $ - , - $ 32.76 6 32.76 $ 32.76 $ 32.76 $ 32.76 $ . 32.76 . $ . 32.76 18601 _- ? 8/31/2007 $ 1,638.00 N/A I N/A N/A $ 16.38 $ 16.38 $ 16 38 $ $ 16 38 16 38 16 38 $ _ 16 38 - 18662 9 ---- - 3 . . . . t . $ 16.38 $ 16.38+ $ 16.38 $ 16.38 /30/2007 1 $ 1 1,274.00 N/A N/A I N/A N/A $ 12.74 j $ 12.74 $ ' 12.74 $ 12.74 $ 12.74 $ 12.74 - 12.74 _ 12.74 $ 12 74 $ 12 74 18900 10/31/20074 $ 1,547.00 - N/A N/A --- N/A N/A N/A $ 15 $ 47 15.47 $ 5.47 1 $ 15.47 $ .47 $ 15.47 - 15.47 $ . 15.47 $ . 15 47 19216 18513 12/31/20071 $ 8/31/2007 455.00 N/A N/A N A N/A N/A N/A - N/A $ 4.55 _ $ $ _ 4.55 $ $ ? 4 .55 $ $ -- 4 .55 1 . 4.55 - i- $ - - 1,156.38 -- - N/A _ - N/A - N/A $ -? 11.56 --- 1 .56 $ - ? ' 11.56 $ ? _ 11.56 I $ - -? 11.56 $ 11.56 1L56 $ 1156 , $ 11.56 $ 11.56: $ 11.56 18663 9/30/2007 $ 367 .54 N/A N/A N/A N/A $ I 3.68 $ 3.68 ; $ 3.68; $ - $ 3.68; ? 3.68 $ - 3.68 $ 3.68 $ ? - - 3.68 $ -- - 3.68 $ - 3.68 L Total Invoices 30 ,642.92 - Total Interest: $ 12,798.04 - --- -- TOTAL DUE WITH INTEREST $ 43,440.96 '- --- _ - - - -- - - - Page 1 of 3 Projects: 06379 Village at South Mountain Development 06493 Lower Paxton Restaurant 07053 Medical/Dental Office Building 07054 Harrisburg Area Community College Kairos Design Group Overdue Invoices with Added Interest Updated 3/24/2011 08/ 12/31/OS 31/08 09/30/08_ 10/31/08 11/30/08 01/31/09 02/28/09 03/31/09 04/30109 05131/09 06/30/09 07/31/09 08/31/09 09/30/09 10131109 1 11/30/09 12/31109 01/31/10 $ _ 49.40 $ 49.40 $ ---- 49.40 $ 49.40 $ 49.40 $ 4940 . $- 40 ' --$ - 49.40 $ 1 ? 49.40 $ 9.40 $ 9.40 ; $ 9.401$ 49.40 _$ 9.40 $ -- 9.40 $_ - 9.40 $ 9.40 $ 40.00 $ 40.00 $ 40.00 $ 40.00 $ 40.00 $ 40.00 40.00 $ 40.00 $ 40 $ .00 40.00 $ 40.00 $ 40.00 1 $ 40.00 ; $ 40.00 $ 40.00 $ 40. - 40.00 $ _ 40.00 $ 25.69 $ 25.69 $ 25.69 $ 25.69 $ F 25.6_9$ 25.69$ 25.69 $ 255 69 $ 25.69 $ 25.69 $ 25 69 $ 2569 $ 25.69 $ 25.69 7 $ 25.69 1 $ 25.69 1 $ 25.69 $ 17.27 $ 17.27 ? - $ 7.27 - $ 7.27 - $ i 7.27 $ 5. 17.27. $ 17.27 $ 17.27 $ 17.27 $ 17.27 $ - 17.27 1 $ 17.27 $ $ 17.2 +- - 17.27 ? $ --+ 17.27 i $ ---_ 17.27 $ 10.99 $ 10.99 $ 1 f 10-99 10.99 $ 10.99 $ 10.99 $ 10.99 $ 10.99 $ 10.99 $ - 10.99 $ - 10.99 10.99 $ - 10.99 $ 10.99 1 1 $ . 10.99 $ - 10.99 $ $ 10.99 10.99 - $ 21.98 ! $ 2.1.98 $ 21 98 21.98 $ 21 .98 21.98 $ 21.98 $ 21 .98 $ 21 .98 $ 21 .98 $ 21.98 , $ 21.98 $ 21.98 $ ? 21.98 $ _ 2355 $ ? 23.55 $ ? 23 2355 $ t - $ 23.55 23.55 $ 2355 $ 23.55 $ ? 23.55 $ $ - - 23.55 23.55 $ 23.55 $ 23 $ .55 23 .55 + $ 23 .55 - - $ 23.55 $ 12.56 $ 12.56 $ -- 12.56 $ 12.56 $ 1 _ 12--_.56 _ $ 12.56 t $ - 12_56 $ 12.56 $ 12.56 1 $ 12.56 $ 12.56 $ 12.56 $ 12.56 $ 12.56 $ 12.56 ($ 12.56 $ 12.56 j $ 12.56 $ 7.85 $ 7.85 $ 7.85 $ 7.85 $ 7.85 ! $ 7.85 ! $ 7.85 $ 7.85 $ 7.85 $ 7.85 $ 7.85 $ 7.85 $ 7.85 $ 7 85 $ 7.85 $ 7.85 $ 7.85 j $ 7.85 • 76 32.76 $ 32.76 $ 3276 1 .2.76 3 _ $ 32.76 $ 32.76 $ 32.76 $ 32.76 $ 32.76 $ - 32.76 $ 16.38 $ - - ? 16.38 1 $ _ 16.38 $ ,- ? 16.38 $ - ? 16.38 $ 16.38 $ 1 16.38 $ 16.38 $ 16.38 $ T 16.38 $ 4 16.38 $ 16.38 $ 16.38 $ 1638 $ 16.38 $ 16.38 $ 16.38 $ 16.38 $ $ 12.74 1 15 47 $ 74 $ $ 15 12.74 $ ? - - 15 47 $ 12.74 15 47 $ $ 12.74 - $ 15 47 I $ 12.74 $ 15 47 $ 12.74 $ 1 12.74 $ 12.74 $ 12.74 $ - 12.74 $ 12.74 li $ - - 12741 $ 7 $ 12.74 $ 1 - 1 12.74 $ 2.74 -- - - 12.74 $ 12.74 . . . . . . 5.47 - 1 .47 1 1 1 $ 1 15.47 } $ 15.47 $ 15.47 $ 15.47 $ 15 47 $ 15.47 $ 4.55 $ 4.55 $ 1 4.55 $ _ 4.55 $ 4.55 $ 4.55 $ $ - 4.55 -- 4.55 $ 4.55 $ 4.55 $ -- 4.55 $ 4.55. $ 4.55 $ 4.55 $ $ 4.55 4.55 $ - ; . 4.55 j $ - 4.55 11.56 11 56 ? $ 11.56 $ 11.56 ? $ 11.56 $ f 1.56 $ 1.56 $ 1.56 I $ 1.56 $ 1.56 1.56 $ 1.56 $ $ 11.56 $ 11.56 1.56 ' $ i 1.56 $ 1.56 I $ 1.56 $ 8 $ 3.68 3.68 $ 3.68 3.68 ! $ r? 3.68 ? $ 3.68 _68$ 3.68 $ --3.68 $ 3.68 $ 3.68 4 $ 3.68 $ = 3.68 7 $ - - 3.68 $ , 3.68 $ - - 3.68 $ 3.68 i- '$ - 3.68 - - Page 2 of 3 Projects: 06379 Village at South Mountain Development 06493 Lower Paxton Restaurant 07053 Medical/Dental Office Building 07054 Harrisburg Area Community College Kairos Design Group Overdue Invoices with Added Interest Updated 3/24/2011 Interest Subtotals 02/28110 03/31/10 1 04/30/10 ! _ 08/31/10 10 09!30/10 5/ 06/30/10 07/31/10 0/ 1 01131/11 1 02/28111 1 03/31111 112/31/10 / 04130/11 05/ 31111 $ 49.40 $ 49.40 $ 49.40 $ ? 4940 $ Y 49'.40 $ } $ 4940 49.40 ! $ 49 .40 $ - i - 49.4 $ Y $ 49.40 49.40 $ 49.40 $ 49.40 $ it 49.40 _ $ 2,124.20 $ 40.00 $ 40.00 $ 40.00 $ 40.00 $ 40.00 $ 40.00 $ 40.00 $ 40.00 $ 40.00 $ 40.00 $ 40.00 $ ' - 40.00 $ 40.00 $ 40.00 - $ 1,480.00 $ 25.691 $ 25.69 $ I 25.69 $ 25.69 $ 25.69 $ r- 25.69 - $ 25.69 $ 25.69 $ 25.69 $ 25.69 $ f 25.69 $ 25.69 $ 1,156.05 $ 17.27 $ 7.27 $ 7.27 $ 17.27 $ _ _ 17.27 $ 17.27 $ 17.27 7.2 7 $ - - 17.27 - $ - 7.27 $ 17 .27 $ 17.27 1 $ 7.27 $ 7.27 - $ 59.88 $ 10.9_9 ,. _ 9 10.99 $ 10.99 $ 10.99 - $ 10.99 $ 10.99 $ _ _ 10.99 $ 10.99 $ -- ? 10.99 $ -- 10.99 $ 10.99 $ 10.99 $ 10.99 ? $ 472.57 $ 21 98 $ - 1.98 $ 1.98 $ 1.98 $ 1 98 - $ 21.98 $ 21.98 i $ __ - 21.98 r $ 21.9 $ 21.98 $ 21.98 $ 21.98 $ 21.98 $ 21.981 - $ 923.16 $ 23.55 $ 23.55 $ 23.55 $ 23.55 $ --- 23.55 23.55 $ -- 23 .55 $ - j $ .55 23.55 $ 23.55 $ 23.55 23 55 $ 23 .55 $ 965.55 - 12.56 $ I 12.56 $ _ 12 .56 $ - $ 12 .56 = 12.56 $ $ 12.56 12.56 r $ 12.56 $ 12.56 ! $ 12.56 $ 12.56 $ 12.56 $ 12 .56 ? 12 .56 -- $ - - 489.84 $ 7.85 $ 7.85 $ 7.85 I $ 7.85 $ 7.85 $ 7.85 $ 7.85 1 $ 7.85 $ 7.85 $ 7.85 $ 7.85 $ 7.85 $ 7.85 $ 7.85 $ 282.60 $ 32.76 $ - 32.76 j $ 32.76 $ 32.76 ? $ - 32.76 $ 32.76 I $ 32.76 $ 32.76 I $ 32.76 $ 32,76 ! $ 1,441.44 $ -- - I - 16.338 8 $ 16.3 > $ 16.38 $ ? 16.38 ?_ $ 16.38 16.38 $ 16.38 $ 16 38 $ 16.38 $ 16.38 , $ { 16.38 $ 16.38 $ 16.38 $ 1638 $ 704.34 $ 12.74 _ 12.74 -- - 4 $ 2.74 $ _ 274 $ 2 .74 $ 12.74 1 $ - - 12.74 $ - - - 12.74 i 2.74 $ 1274 12. 12.74 $ 35.08 $ 15.47 $ 15.47 $ 15.47 $ 15.47 $ 15.47 $ $ 15.47 ? 15.47 $ 15.47 $ 15.47 $ ?- 15 47 $ 1547 $ 15.47 ' $ 15.47 $ 15.47 ? $ 634.27 $ 4.55 " $ 4.55 $ 4.55 1 $ 4.55 55 $ - - 4.55 $ 4.55 $ 4.55 $ 4.55 55 j $ 4.55 $ 4.55 $ 4.55 $ 4.55 $ 177.45 1 1 I 11.56 $ 11.56 $ 1.56 $ 1.56 1.56 $ 1.56 $ 1.56 $ 1.56 $ 11.56 $ 97.24 $ 3.68 $ _ 3.68 $ 3.8 $ 3.68 $ ? 3.68 ' $ f 3.68 $ 3.68 I? i$ 3.68 $ 3.68$ _ 3.68i$ 3.68$ 3.68i$ * - 3.68 i $ _L_ 3.68 I 1 i -- - $ - -- 154.37 -- T { $ 12,798.04 Page 3 of 3 TRANS ASSOCIATES ENGINEERING IN THE COURT OF COMMON PLEAS CONSULTANTS, INC., CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. NO. 2010-2305 KAIROS DESIGN GROUP, LLC, Defendant CERTIFICATE OF SERVICE I, Julieanne Ametrano, Legal Assistant with the law firm of Cunningham & Chernicoff, P.C., certify a true and correct copy of the COMPLAINT IN CONFESSION OF JUDGMENT has been served by certified mail, return receipt requested, first class U.S. Mail on the following party: Kairos Design Group, LLC 4 Lemoyne Drive Suite 201 Lemoyne, PA 17043 CUNNINGHAM & CHERNICOFF, P.C. Date: April 8, 2011 By: (X'uj? ( f A" uiavul LlV ?1111t. L1 R11V F:\Home\NFANELLI\Documents\Trans-Associates\Complaint in Confession ofJudgment.wpd TRANS ASSOCIATES ENGINEERING CONSULTANTS, INC., IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. I?-3S"yy cv ! NO. 2965 KAIROS DESIGN GROUP, LLC, Defendant AVERMENT OF DEFAULT v? z ? t Co ?, rZ M ° A C7 2C' 'C = o -? uti z t Brian E. Shunk, being duly sworn according to law, deposes and says that he is the principal of Trans Associates Engineering Consultants, Inc., Plaintiff herein, that he is authorized to make this Affidavit on behalf of Plaintiff, and that Defendant, Kairos Design Group, LLC, entered into a Judgment Note dated February 1, 2009, in the aggregate sum of $30,953.92, a true and correct of which is attached to Exhibit "A" in the Complaint for Confession of Judgment. Deponent also avers that there is a balance due to Trans Associates Engineering Consultants in the amount of $30,642.92 under the Judgment Note. In accordance with the Judgment Note, the Deponent further avers that Defendant is liable to Plaintiff in the amount of $49,440.96 from April 1, 2011 plus continuing interest at the rate of $14.28 per diem, and continuing costs and attorney fees. _ , Date: Z?<//) COMMONWEALTH OF PENNSYLVANIA COUNTY OF DAUPHIN SS. On this, the day of 'Jri , 2011, before me, a Notary Public, the undersigned officer, personally appeared Brian E. Shunk, known to me (or satisfactorily proven) to be the person described in the within instrument, and acknowledged that he executed the same in the capacity therein stated and for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. Notary Public COMMONWEALTH OF MO SYLVANIA Notarial Seal Ma %ft C. Conrad, Notary Public East Pennsboro TWp., Cumberland County My Camnd10An Aug. 27, 2014 Member. PenrisWania Amodation of Notaries v Assistant Principal in Charge TRANS ASSOCIATES ENGINEERING CONSULTANTS, INC., Plaintiff V. KAIROS DESIGN GROUP, LLC, Defendant IN THE COURT OF COMMON PLFAS , c CUMBERLAND COUNTY, PENL ,, NSNI,Ai zn?i ! = s-? rn,= -. R r 0 m -.< ll - 3 S y y C ,v' J r C3 NO. 243fl5 zC:) s x? M E F? AFFIDAVIT Nicholas A. Fanelli, being duly sworn according to law, deposes and says that he is the attorney for Trans Associates Engineering Consultants, Inc., Plaintiff herein; that he is authorized to make this Affidavit on behalf of Plaintiff; that the facts set forth in the foregoing Complaint in Confession of Judgment are true and correct to the best of his knowledge, information and belief; and that the Exhibits attached to the Complaint are true and correct, copies of the originals. Date: I'CO ) - 1A o ? -t ?-d' " C, By: Nichols A. Fanelli Attorney for Plaintiff COMMONWEALTH OF PENNSYLVANIA COUNTY OF DAUPHIN : SS. On this, the 6' day of I C / , 2011, before me, a Notary Public, the undersigned officer, personally appeared Nicholas A. Fanelli, known to me (or satisfactorily proven) to be the person described in the within instrument, and acknowledged that he executed the same in the capacity therein stated and for the purposes therein contained. IN WITNESS WHEREOF, I hereuntojet my hand and officj,al seal. otary Public MOM U OR PENNl4YLVi NOTARIAL SEAL JULIEANNE AMETRANO, Notary Public City of Harrisburg, Dauphin County My Commission Expires February 22, 2015 TRANS ASSOCIATES ENGINEERING : IN THE COURT OF COMMON PLEAS CONSULTANTS, INC., CUMBERLAND COUNTY, PENNS,YLVANI& c o Plaintiff ar r1 r n- v. W r-- 3 5-y c.U. -< rn a v NO. - KAIROS DESIGN GROUP, LLC, zo 0 = cD-n =F5 -; °rn Defendant ca v 1-0 AFFIDAVIT THAT ACTION DOES NOT ARISE OUT OF RETAIL INSTALLMENT CONTRACT Nicholas A. Fanelli, being duly sworn according to law, deposes and says that he is the attorney for Trans Associates Engineering Consultants, Inc., Plaintiff herein, that he is authorized to make this Affidavit on behalf of Plaintiff, and that this action is not an action by a seller, holder or assignee arising out of a retail installment sale, contract or account. Date: ? ll By: Ni o as A. Fanelli Attorney for Plaintiff COMMONWEALTH OF PENNSYLVANIA COUNTY OF DAUPHIN SS. On this, the day of Q4 / _, 2011, before me, a Notary Public, the undersigned officer, personally appeared Nicholas A. Fanelli, known to me (or satisfactorily proven) to be the person described in the within instrument, and acknowledged that he executed the same in the capacity therein stated and for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. 4? ??1b tary Public NOTARIAL SEAL JULIEANNE AMETRANO, Notary Public City of Harrisburg, My Cornmiesion Expires February 22 2015 TRANS ASSOCIATES ENGINEERING : IN THE COURT OF COMMON PLEAS CONSULTANTS, INC., CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff ° C? ?`j v. : p - 3 s yy c,v, `( z rn -V ? m NO„24+0-2"5 c`nr acv KAIROS DESIGN GROUP, LLC, r?--z co ?° c? C"? =9 °x n Defendant C .. ° rn AFFIDAVIT OF BUSINESS TRANSACTION Nicholas A. Fanelli, being duly sworn according to law, deposes and says that he is the attorney for Trans Associates Engineering Consultants, Inc., Plaintiff herein; that he is authorized to make this Affidavit on behalf of Plaintiff, and that the transaction upon which Judgment is being entered by confession was a business and commercial transaction. Date: / B Nich las A. Fanelli Attorney for Plaintiff COMMONWEALTH OF PENNSYLVANIA COUNTY OF DAUPHIN SS. On this, the day of , 2011, before me, a Notary Public, the undersigned officer, personally appeared Nicholas A. Fanelli, known to me (or satisfactorily proven) to be the person described in the within instrument, and acknowledged that he executed the same in the capacity therein stated and for the purposes therein contained. IN WITNESS WHEREOF, I hereunto t my hand and official seal. #tary u blic 00MMONWIMTH OF PENN IA NOTARIAL SEAL JULIEANNE AMETRANO, Notary Public City of Harrisburg, Dauphin County My Commission Expires February 22, 2015 TRANS ASSOCIATES ENGINEERING IN THE COURT OF COMMON PLEAS CONSULTANTS, INC., CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. : 11/- 35-,yq Ct-vd ? na NO. 05 C o KAIROS DESIGN GROUP, LLC, trnt* 3i Defendant ?r3--. co rx s AFFIDAVIT OF NON-MILITARY SERVICE 7>c-) Nicholas A. Fanelli, being duly sworn according to law, deposes and says that he then attorney for Trans Associates Engineering Consultants, Inc., Plaintiff herein; and that to the best of his knowledge, information and belief, the Defendant, Kairos Design Group, LLC, is not in the military service of the United States nor any state or territory thereof or its allies as defined in the Soldiers and Sailors Civil Relief Act of 1940 and the amendments thereto. Date: B : Nicholas A. Fanelli Attorney for Plaintiff COMMONWEALTH OF PENNSYLVANIA : SS. COUNTY OF DAUPHIN On this, the 6 day of Ay" / , 2011, before me, a Notary Public, the undersigned officer, personally appeared Nicholas A. Fanelli, known to me (or satisfactorily proven) to be the person described in the within instrument, and acknowledged that he executed the same in the capacity therein stated and for the purposes therein contained. IN WITNESS WHEREOF, I hereunto sgmy hand and official seal. Public NOTARIAL tl<M JULIEANNEAME'PtaiANO. _ _ _ Rabbit City of HWOur8, 0gtq ?'i County My Commission E VI= February 22, 2015 -?n x rnF ?g C) __4c) Z -n DM TRANS ASSOCIATES ENGINEERING CONSULTANTS, INC., Plaintiff V. KAIROS DESIGN GROUP, LLC, Defendant IN THE COURT OF COMMON PLE ? 7' CUMBERLAND COUNTY, PENNQ VANI?-+n z? ?M CO ?o ?-3Sy -0 ? C NO.10+0-24W v? ? r ? NOTICE UNDER RULE 2958.1 OF JUDGMENT AND EXECUTION THEREON NOTICE OF DEFENDANT'S RIGHTS To: Kairos Design Group, LLC 4 Lemoyne Drive, Suite 201 Lemoyne, PA 17045 A judgment in the amount of $49,440.96 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 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 OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 34 S. Bedford Street Carlisle, Pennsylvania telephone: 717-249-3166 CUNNINGHA & RNICOFF, PX By: ?4 arc tzig, Esquire PA Atty. Ident. No. 29929 Nicholas A. Fanelli, Esquire PA Atty. Ident. No. 308136 Cunningham & Chernicoff, P.C. 2320 North Second Street Harrisburg, PA 17110 Telephone: (717) 238-6570 E-Mail: mwitzig_(a),cclawpc.com or nfanellikcclawpc.com Date: April 8, 2011 TRANS ASSOCIATES ENGINEERING IN THE COURT OF COMMON PLEAS CONSULTANTS, INC., CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff lI-3SW v . NO. ?,D5 ? -n KAIROS DESIGN GROUP, LLC, - - " =-n a? rn r=- -0m Defendant toy ?© r -+o ao :I> C-- - -- ?m NOTICE OF ENTRY OF JUDGMENT - + ca -< ch Notice is hereby given that a Judgment in the above matter has been entered against the following party in the following amount plus continuing interest at the rate of $14.28 per diem from April 1, 2011, and Court costs of $27.50: 1. Defendant, Kairos Design Group, LLC - $49,440.96 A copy of all documents filed with the Prothonotary in support of the within Judgment are enclosed. a CA- Prothonotary U) ul-4 If you have any questions regarding this Notice, please contact the Filing Party: Marc W. Witzig, Esquire Nicholas A. Fanelli, Esquire Cunningham & Chernicoff, P.C. 2320 North Second Street Harrisburg, PA 17110 Telephone: (717) 238-6570 (This Notice is given in accordance with Pa. R.C.P. 236) Notice sent to: Kairos Design Group, LLC 4 Lemoyne Drive, Suite 201 Lemoyne, PA 17043