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UNRUH, TURNER, BURKE & FREES, P.C.
ATTORNEYS FORD n
FENDANT ., C-=
r
-4
BY: JOHN K. FIORILLO, ESQUIRE
ATTORNEY I.D. No. 55658 -0 7-
BY: NANCY J. GLIDDEN, ESQUIRE >
ATTORNEY I.D. NO. 78961
P.O. Box 515 i - -
WEST CHESTER, PA 193 81-0515
610-692-1371
CITIZENS BANK OF PENNSYLVANIA, IN THE COURT OF COMMON PLEAS
successor by merger to Mellon Bank
443 Jefferson Boulevard West CUMBERLAND CO TY, PENNSYLVANIA
Warwick, RI 02886
Plaintiff CIVIL ACTION - LAY`
vs. No. 0 3 C( v! L,1r;1
FLASH ELECTRIC, INC.
4801 Charles Road
Mechanicsburg, PA 17055
Defendant
ENTRY OF APPEARANCE, CONFESSION OF
TO THE PROTHONOTARY:
Pursuant to the authority contained in the Warrant of Attorney, a t e and correct copy of
which is attached to the Complaint filed in this action, I appear for the Defendant, confess
judgment in favor of the Plaintiff and against the Defendant as follows:
Principal $15,801.94
Interest $ 286.93
Late charge $ 107.11
Attorney's commission (20%) $ 1,608.89
TOTAL $17,804.87
Interest continues to accrue from July 7, 2011 at a per diem rate of $1.97.
UNRUH, TURNER, BURKE & FREES, P.C.
Date: j By:
John K. Fi rillo, Esqu e
Nancy J. Glidden, Esq'ire a7• Sa P6(
Attorneys for Defend t C947 q1-11112
?to?c?
UNRUH, TURNER, BURKE & FREES, P.C.
BY: JOHN K. FIORILLO, ESQUIRE
ATTORNEY I.D. No. 55658
BY: NANCY J. GLIDDEN, ESQUIRE
ATTORNEY I.D. No. 78961
P.O. Box 515
WEST CHESTER, PA 19381-0515
610-692-1371
: ATTORNEYS FOR
FF
CITIZENS BANK OF PENNSYLVANIA,
successor by merger to Mellon Bank
443 Jefferson Boulevard West
Warwick, RI 02886
IN THE COURT OF C
PLEAS
: CUMBERLAND C
Plaintiff CIVIL ACTION - LA
VS. No. / /-- 7i 63
FLASH ELECTRIC, INC.
4801 Charles Road
Mechanicsburg, PA 17055
Defendant
COMPLAINT
CONFE
A.R.
, PENNSYLVANIA
/'()I-( Teow.
1. Plaintiff, Citizens Bank of Pennsylvania, successo by merger to Mellon
Bank, ("Citizens Bank") is a Pennsylvania banking institution, whose a ress is 443 Jefferson
Boulevard, RJW-500, Warwick, RI 02886.
2. Defendant, Flash Electric, Inc. (the "Boi
corporation with a business address of 4801 Charles Road, Mechanics
3. On or about February 11, 1999, in consideration of
executed and delivered to Citizens Bank a Note and Line of Credit Agr
principal sum of $50,000.00 (the "Note"). A true and correct copy of the
and made a part hereof as Exhibit "A".
is Pennsylvania
PA 17055.
lent, Borrower
in the original
Mote is attached hereto
4. Judgment has not been previously entered in any jurisdiction against the
Borrower under the Note.
5. The Note has been assigned and Citizens Bank is s4ll the holder thereof.
6. This transaction did not arise from nor is judgment being entered in
connection with a consumer credit transaction or residential lease against natural person.
7. Borrower has defaulted on its obligations to Citizens Bank pursuant to the
terms of the Note and related loan documents by virtue of various ev nts, including without
limitation, failing to make payments as required under the Note.
8. Citizens Bank has provided written notice to
default and Borrower has failed to cure its default. True and correct
of default are attached hereto and made a part hereof as Exhibit "B".
9. As a result of Borrower's default, Citizens Bank
declared the entire principal balance and all accrued unpaid interes
connection with the Note. As a consequence, the following amounts are
and in connection with said Note as of July 7, 2011:
Principal $15,801.94
Interest $ 286.93
Late charge $ 107.11
Attornev's commission (20%) $ 1,608.89
TOTAL $17,804.87
Interest continues to accrue from July 7, 2011 at a per diem rate of $1.97.
regarding the
s of the written notices
is entitled to and has
t immediately due in
and payable under
-3-
WHEREFORE, Plaintiff Citizens Bank of Pennsylvania, respectfully requests judgment
in its favor and against Defendant, Flash Electric, Inc., in the amount of 1. 17,804.87 plus interest
from July 7, 2011 at the respective per diem rate for each Note and all cosis and expenses.
Respectfully submitted,
UNRUH, TURNER, BUR" & FREES, P.C.
Date: q h& It( By:
John K. Morillo, Esq 're
Nancy J. Glidden, Es `uire
Attorneys for Plaintif Citizens Bank
of Pennsylvania
P.O. Box 515
West Chester, PA 193P 1-0515
Attorney I.D. No. 556 8/78961
(610) 692-1371
-4-
EXHIBIT "A"
50,00c.?
Prorn;se 7c Pay FOR VALUE RECEIVED, and intending to be legally
bound, lJodersignec, „s defined below, promises to pay to:
Mellon Bank, Iv. A.
("Bank" ) or its order a
Harrisburg, Pennsvlvania
the sum of
Fifty Thousand and 00/100
Dollars ($ 50,000.00 or such lesser or
greater principal amount as may be outstanding from time to time
under the line of credit ("Line of Credit") established hereunder by
Bank for the benefit of Undersigned, with interest on the outstanding
balance from the date of this Note and Line of Credit Agreement
("Note") at the rate(s) ("Contractual Rate(s)") and in accordance
with the repayment schedule specified below.
Borrowing Money. (Please read carefully.) From the date hereof
to but not including 02/15/2004 (the "Maturity Date"),
Undersigned may borrow money from Bank through the Line of
Credit, up to the amount shown above, by using Mellon Bank's
Business. Banking Telephone Hotline to access Undersigned's Line of
Credit and to transfer funds to Undersigned's designated Mellon
Checking Account.
Subject to rules and regulations established by Bank from time to
time, Undersigned may also borrow money from Bank by using such
other means, if any, as Bank may provide for that purpose. Bank
reserves the right to change or eliminate, without notice, any means
by which Undersigned may borrow through the Line of Credit and to
establish new means by which Undersigned may borrow.
Undersigned may not use borrowings to make payments due under
the Line of Credit or other indebtedness in favor of Bank.
Undersigned authorizes and directs Bank to deposit borrowings from
Undersigned's Line of Credit into Mellon Checking Account Number
3122031150 , titled in the name(s) of
FLASH FT.FCTRT _, TNG
Undersigned understands and agrees that, if any person or entity is
authorized to sign on or otherwise use Undersigned's designated
Mellon Checking Account or any deposit, checking or credit account
linked with Undersigned's designated Mellon Checking Account
through Bank-by-Phone or Business Bank-by-Phone, such person or
entity is also authorized to borrow money through the Line of Credit
by the Business Banking Telephone Hotline. Undersigned further
understands and agrees that Undersigned must repay all amounts
borrowed by such person(s) or entity(ies) as though Undersigned had
borrowed such money. Undersigned understands that Bank, upon
Undersigned's written request, will exclude any of Undersigned's
Mellon Bank accounts from Bank-by-Phone or Business
Bank-by-Phone, and it is recommended that Undersigned make such
request if necessary for the protection and security of Undersigned's
accounts.
If Bank allows borrowings above the amount shown above, all the
terms of this Note will apply to those borrowings. By signing this
Note, Undersigned hereby requests Bank to permit the borrowing of
money through Undersigned's Line of Credit by the use of Mellon
Bank's Business Banking Telephone Hotline and agrees that such
borrowings may be effected by one person, even if any agreement,
signature card, instructions or resolutions for the Line of Credit
provide for borrowings over two signatures or other special
arrangements.
Each borrowing will usually be processed on the same day that
transfer instructions were given via the Business Banking Telephone
.. ..................... .......................::?::>:ti5:rti:r.:{::{.;{:.;{;r:: ar{:•.:•:': r: {.t[:9:;
jte •• •••
_ 02/11/1999
Hotline, and be available in t e designated Mellon Checking Account
on the first business day following the day that transfer instructions
were given via the Business Banking Telephone Hotline; however,
Bank reserves the right to of make a borrowing available in the
designated Mellon Checking ccount until a date after the business
day following the day that transfer instructions were given. For
example, if transfer instructio is are given on Monday, the borrowing
will normally be available Undersigned's designated Mellon
Checking Account on Tues , however, Bank reserves the right to
not make the borrowing ava able until Wednesday, or later. (This
example assumes that Mon y, Tuesday and Wednesday were all
business days. Saturdays, Sun ays, and any holidays or other days on
which Bank is generally not o n for business will not be considered
business days.)
Undersigned agrees that Ban may, at its option, record telephone
calls made to effect a borrow g from the Line of Credit. Bank will
not be liable for acting in d faith upon telephone orders or
requests which Bank believe-, in its sole discretion were made or
authorized by Undersigned. B, nk will be entitled to presume that all
telephone callers who ace tely identify Undersigned's Line of
Credit account number and th designated Mellon Checking Account
number are authorized to co uct the transactions described in this
Note, even if the designated ellon Checking Account and/or any
borrowing authorization or r lution provides for any covered action
to be made by more than on person acting together, or for other
special arrangements. Undersi ed agrees that this Note amends any
other agreement, instructio , resolution or authorization of
Undersigned requiring more one person to act with regard to
the Line of Credit or the desi ted Mellon Checking Account or any
other account linked to either the Line of Credit or the designated
Mellon Checking Account. Un ersigned further agrees that this Note
amends (and will be deeme to override) any such agreement,
instruction, resolution or uthorization made or given by
Undersigned in the future ass ch agreement, instruction, resolution
or authorization would othe relate to this Note unless that
agreement, instruction, resolu 'on or authorization is received by
Bank and specifically indicates at it is intended to modify this Note.
All telephone instructions exe uteri by Bank in good faith and in
accordance with the procedure escribed above will be binding upon
Undersigned.
I
Notwithstanding any other pr
' 'on of this Note, Undersigned's
ability to bbirow money from iink through"the Line of Credit'shall
not be effective until an author' d representative of Bank has signed
this Note to evidence Bank's ap roval of the line of Credit.
Contractual Rate(s); Repayment Schedules
0 Interest at a to per annum which is %
above Bank's Prime Rate, such rate to change from time to time as
of the effective date of each ounced change in such Prime Rate,
shall be paid when principal pa ents are due. Principal shall be paid
in consecutive month. y installments equal to 1/ th of
the principal balance hereof outstanding on the Billing Date,
commencing on , and continuing thereafter on, the
day of each month; provided, however, that each monthly
installment of principal will be no less than $100.00, and provided
further that the amount of the onthly installment of principal shall
never exceed the amount of pri 'pal actually outstanding. The entire
balance of the indebtedness, ' not sooner paid, shall be due and
payable on . (The day of each month on which
principal and/or interest shall be id, as described above, is the "Due
Date".)
.V 4 7-
g L .S The Billing ate shall be twelve (12) days before
the Due Date.
Pagel of 6
t
? The Billing Date shall be days before be. Prior to matur , while th
the Due Date. that Undersigned keeps a suffi
CA-T- full amounts of all required pa
Q Ls. The principal balance hereof, together with all reduced by 0.25% per annum.
accrued and unpaid interest, shall be paid on 02/15/2004, though this Note and the acco
and interest at a rate per annum which is 1.00% above Bank's Undersigned's name. .
Prime Rate, such rate to change from time to time as of the
effective date of each announced change in such Prime Rate, shall
be paid on the 15TH day of each month commencing on
03/15/1999
? The principal balance hereof, together with all
accrued and unpaid interest, shall be paid on
and interest at a rate per annum which is % above the
CD Rate, such rate to-change from time to time as of the effective
date of each change in or resetting of the CD Rate, shall be paid on
the day of each month commencing on
? In no event shall the rate charged on this Note exceed the lesser of
% per annum or the highest rate permitted by applicable
law.
Undersigned agrees that Bank may, at its option, renew or extend
the Line of Credit by sending or delivering notice of such renewal
or extension to Undersigned. Such notice shall set forth a new
Maturity Date for the Line of Credit and any other changes to the
terms and conditions of the Line of Credit. Except as specified in
such notice, all terms, conditions and provisions of this Note shall
remain unchanged. Undersigned further agrees that Undersigned
will be deemed to have accepted such renewal or extension if
Undersigned (a) borrows money under the Line of Credit after the
Maturity Date that was in effect prior to such renewal or extension,
(b) makes any payments due under the Line of Credit after the
Maturity Date that was in effect prior to such renewal or extension
(other than payment in full of all indebtedness due under the Line
of Credit), or (c) otherwise fails to notify Bank in writing that
Undersigned declines or rejects such renewal or extension within
thirty (30) days after Bank sends or delivers notice of renewal or
extension.
Undersigned shall pay Bank concurrently with the execution and
delivery hereof, or Undersigned previously has paid Bank, an
origination fee of $ 250.00, which includes the first
year's annual servicing fee for the Line of Credit and a fee to
compensate Bank for its underwriting, origination and
administration of the Line of Credit. The origination fee shall be
deemed fully earned by Bank on the date hereof. In addition,
Undersigned will pay Bank an annual servicing.. fee ...of
$ 50.00 , payable in advance, on or after each
anniversary of the date hereof, to compensate Bank for its servicing
and administration of the Line of Credit. The fees described in this
paragraph shall not be refunded and are in addition to any other
fees, costs or expenses which may be due and payable hereunder.
Unless Undersigned has authorized Bank to take payments out of
a Mellon Checking Account, as set forth below, Undersigned will
mail or deliver to Bank the amount billed by Bank each month.
Undersigned will mail or deliver the payments so that Bank
receives all payments no later than the due dates shown on the bills.
S ArT
({ L S Undersigned authorizes Bank to take all
payments of principal and/or interest and/or other amounts due
under this Note out of Undersigned's Mellon Checking Account
Number 3122031150, titled in the name(s) of
FLASH ELECTRIC, INC.
on or after the due date each month. Undersigned will keep a
sufficient balance in this account to cover the full amounts of all
required payments. At its option, Bank may terminate
Undersigned's ability to use this service. This authorization shall
remain in effect until revoked by Undersigned in writing or until
the Line of Credit is paid in full and terminated or until Bank has
terminated Undersigned's ability to use this service, as the case may
If the original principal amount
$10,000.00, or if Undersign
calculated on the basis of a 360
original principal amount of tb
less, and Undersigned is not a
on the basis of a 365-day year c
actual days elapsed.
"Prime Rate" shall mean the
time to time by Bank as its
greater or less than other h
borrowers and is not solely bi
which Bank may charge any p2
If a single certificate of deposit i
the indebtedness evidenced by t
Assignment of Deposit Accoun
Rate" shall mean the interest r.
deposit (the "Certificate"), said
renewal of the Certificate. If mo
by Bank as collateral security i
Note, as more fully described in
referring to this Note, "CD Rat(
rates paid by Bank on such cet
said CD Rate to be reset at each
Late Charge. If any payment
paid within 15 calendar days aft
charge of the greater of $25.OC
portion of the scheduled pays
payment due consists of principt
only). If the final payment is no
due, Undersigned will pay a la
three percent (3%) of an amc
hypothetical payment calculate
schedule described above as th
payment (regardless of whether
and interest, principal only or ini
addition to any increase made t(
the outstanding balance hereof
otherwise, as well as in additior
and costs.
Default Rate(s); Post-Maturity Rate(
Event of Default (as defined in
shall accrue at a rate equal to tv
Contractual Rate(s) until the e
Default has been cured or unt
hereof.
' . I a.
authorization is in effect and provided
.nt balance in this account to cover the
tents, the Contractual Rate(s) shall be
'his authorization will be effective even
it may be titled in different versions of
f this Note shown above is in excess of
is a corporation, interest shall be
ay year and actual days elapsed. If the
Note shown. above is $10,000.00, or
irporation, interest shall be calculated
366-day year, as the case may be, and
est rate per annum announced from
ne Rate. The Prime Rate may be
st rates charged by Bank to other
or dependent upon the interest rate
dar borrower or class of borrowers.
held by Bank as collateral security for
s Note, as more fully described in the
expressly referring to this Note, "CD
e paid by Bank on such certificate of
D Rate to be reset by Bank at each
, than one certificate of deposit is held
r the indebtedness evidenced by this
ie Assignment(s) of Deposit expressly
shall mean the highest of the interest
ficates of deposit (the "Certificates"),
,newal of each Certificate.
other than the final payment) is not
r it is due, Undersigned will pay a late
or three percent (3%) of the unpaid
ent due (regardless of whether the
and interest, principal only or interest
paid within 15 calendar days after it is
charge of the greater of $25.00, or
int equal to the unpaid portion of a
in accordance with the repayment
ugh such payment were not the final
he final payment consists of principal
,rest only). Such late charge shall be in
the Contractual Rate(s) applicable to
is a result of maturity of this Note or
to any other applicable fees, charges
Upon the occurrence of any
its Note), at Bank's option, interest
percent (2%) per annum above the
lier of the date that such Event of
and including the date of maturity
After maturity, whether by a leration or otherwise, interest shall
accrue at a rate two percent (2 0) per annum above the Contractual
Rate(s) until all sums due hereu er are paid. Interest shall continue to
accrue after the entry of judgm it (by confession or otherwise) at the
Contractual Rate(s) until all s due hereunder and/or under the
judgment are paid, except that after maturity or, at Bank's option,
upon the occurrence of any Eve t of Default, interest shall accrue at a
rate equal to two percent (2 per annum above the Contractual
Rate(s).
Books and Records; Time of Essen
hereof, Bank's books and record
of manifest error, to accuratel
outstanding under this Note and
and payment made pursuant her(
e. So long as Bank is the holder
shall be presumed, except in the case
evidence at all times all amounts
he date and amount of each advance
Page 2 of 6
1-
? The Billing Date shall L days before
the Due Date.
*A- The principal balance hereof, together with all
accrued and unpaid interest, shall be paid on 02/15/2004,
and interest at a rate per annum which is 1.00% above Bank's
Prime Rate, such rate to change from time to time as of the
effective date of each announced change in such Prime Rate, shall
be paid on the 15TH day of each month commencing on
03/15/1999
? The principal balance hereof, together with all
accrued and unpaid interest, shall be paid on ,
and interest at a rate per annum which is % above the
CD Rate, such rate to change from time to time as of the effective
date of each change in or resetting of the CD Rate, shall be paid on
the day of each month commencing on
? In no event shall the rate charged on this Note exceed the lesser of
% per annum or the highest rate permitted by applicable
law.
Undersigned agrees that Bank may, at its option, renew or extend
the Line of Credit by sending or delivering notice of such renewal
or extension to Undersigned. Such notice shall set forth a new
Maturity Date for the Line of Credit and any other changes to the
terms and conditions of the Line of Credit. Except as specified in
such notice, all terms, conditions and provisions of this Note shall
remain unchanged. Undersigned further agrees that Undersigned
will be deemed to have accepted such renewal or extension if
Undersigned (a) borrows money under the Line of Credit after the
Maturity Date that was in effect prior to such renewal or extension,
(b) makes any payments due under the Line of Credit after the
Maturity Date that was in effect prior to such renewal or extension
{other than payment in full of all indebtedness due under the Line
of Credit), or (c) otherwise fails to notify Bank in writing that
-Undersigned declines or rejects such renewal or extension within
.thirty (30) days after Bank sends or delivers notice of renewal or
extension.
Undersigned shall pay Bank concurrently with the execution and
delivery hereof, or Undersigned previously has paid Bank, an
origination fee of $ 250.00, which includes the first
year's annual servicing fee for the Lane of Credit and a fee to
compensate Bank for its underwriting, origination and
administration of the Line of Credit. The origination fee shall be
deemed fully earned by Bank on the date hereof. In addition,
Undersigned will pay Bank an annual servicing fee of
$ 50.00 payable in advance, on or after each
anniversary of the date hereof, to compensate Bank for its servicing
and administration of the Line of Credit. The fees described in this
paragraph shall not be refunded and are in addition to any other
fees, costs or expenses which may be due and payable hereunder.
Unless Undersigned has authorized Bank to take payments out of
a Mellon Checking Account, as set forth below, Undersigned will
mail or deliver to Bank the amount billed by Bank each month.
Undersigned will mail or deliver the payments so that Bank
receives all payments no later than the due dates shown on the bills.
•SA-T
Q ?S Undersigned authorizes Bank to take all
payments of principal and/or interest and/or other amounts due
under this Note out of Undersigned's Mellon Checking Account
Number 3122031150, titled in the name(s) of
FLASH ELECTRIC, INC.
on or after the due date each month. Undersigned will keep a
sufficient balance in this account to cover the full amounts of all
required payments. At its option, Bank may terminate
Undersigned's ability to use this service. This authorization shall
remain in effect until revoked by Undersigned in writing or until
the Line of Credit is paid in full and terminated or until Bank has
terminated Undersigned's ability to use this service, as the case may
be. Prior to maturity;.
that Undersigned keeps a su
full amounts of all required
reduced by 0.25% per annul
though this Norse and the ac
Undersigned's name.
s authorization is in effect and provided
;lent balance in this account to cover the
rments, the Contractual Rate(s) shall be
This authorization will be effective even
int may be titled in different versions of
If the original principal amou it of this Note shown above is in excess of
$10,000.00, or if Undersig ed is a corporation, interest shall be
calculated on the basis of a 3(0-day year and actual days elapsed. If the
original principal amount of his Note shown above is $10,000.00, or
less, and Undersigned is not corporation, interest shall be calculated
on the basis of a 365-day year I
or 366-day year, as the case may be, and
actual days elapsed.
"Prime Rate" shall mean the terest rate per annum announced from
time to time by Bank as its Prime Rate. The Prime Rate may be
greater or less than other i terest rates charged by Bank to other
borrowers and is not solely b ed or dependent upon the interest rate
which Bank may charge any p ticular borrower or class of borrowers.
If a single certificate of deposi
the indebtedness evidenced b,
Assignment of Deposit Accoi
Rate" shall mean the interest
deposit (the "Certificate"), sai
renewal of the Certificate. If a
by Bank as collateral securit)
Note, as more fully described
referring to this Note, "CD R.
rates paid by Bank on such c
said CD Rate to be reset at eat
is held by Bank as collateral security for
this Note, as more fully described in the
it expressly referring to this Note, "CD
rate paid by Bank on such certificate of
CD Rate to be reset by Bank at each
ire than one certificate of deposit is held
for the indebtedness evidenced by this
I the Assignment(s) of Deposit expressly
e" shall mean the highest of the interest
rtificates of deposit (the "Certificates"),
renewal of each Certificate.
Late Charge. It any paymer
paid within 15 calendar days
charge of the greater of $25.
portion of the scheduled pE
payment due consists of prind
only). If the final payment is r
due, Undersigned will pay a
three percent (3%) of an an
hypothetical payment calcula
schedule described above as i
payment (regardless of wheth
and interest, principal only or i
addition to any increase made
the outstanding balance herec
otherwise, as well as in additi
and costs.
Default Rate(s); Post Maturity Ra
Event of Default (as defined
shall accrue at a rate equal to
Contractual Rate(s) until the
Default has been cured or u
hereof.
After maturity, whether by
accrue at a rate two percent
Rate(s) until all sums due her
accrue after the entry of judl
Contractual Rate(s) until all
judgment are paid, except t:
upon the occurrence of any F
rate equal to two percent
Rate(s).
Books and Records; Time of E
hereof, Bank's books and rer
of manifest error, to accu
outstanding under this Note
and payment made pursuant
(other than the final payment) is not
er it is due, Undersigned will pay a late
I, or three percent (3%) of the unpaid
nent due (regardless of whether the
11 and interest, principal only or interest
t paid within 15 calendar days after it is
to charge of the greater of $25.00, or
unt equal to the unpaid portion of a
d in accordance with the repayment
augh such payment were not the final
the final payment consists of principal
:erect only). Such late charge shall be in
the Contractual Rate(s) applicable to
as a result of maturity of this Note or
r to any other applicable fees, charges
). Upon the occurrence of any
this Note), at Bank's option, interest
o percent (2%) per annum above the
,rfier of the date that such Event of
I and including the date of maturity
seleration or otherwise, interest shall
'/o) per annum above the Contractual
ider are paid. Interest shall continue to
nt (by confession or otherwise) at the
ms due hereunder and/or under the
after maturity or, at Bank's option,
it of Default, interest shall accrue at a
) per annum above the Contractual
e• So long as Bank is the holder
shall be presumed, except in the case
r evidence at all times all amounts
the date and amount of each advance
Page 2 of 6
The prompt and faithful performance 'of Undersigned's
bl Bank's option, desig i , as loss payee and/or as additional insured
o
igations hereunder, including without limitation time of payment,
i
f and/or contain a lender's 1 payable endorsement, and (3) be (or
s o
the essence of this Note. certificates evidencing same hall be) deposited with Bank; (g) (1)
Security Interest Setoff and Assignments. To secure all amounts at maintain and keep proper recc
with generally accepted aced rds and books of account in conformance
nting principles applied on a consi
te
t
any time owing or payable under this Note and Undersigned's
obligations hereunder, as well as to secure all costs and expenses basis in which full, true an,
Undersigned's dealings and s
n
I correct entries shall be made of all
usiness affairs, (2) provide to Bank at
incurred by Bank in the collection or enforcement of this Note or the Undersigned's cost, upon Ba 's request, financial or other information
protection of any collateral securing this Note (including without
documentation or certification ,
(including without limitation annual and
limitation all advances made by Bank for taxes, levies, insurance,
filin
fees
d
i periodic balance sheets and income statements, personal financial
g
, an
repa
rs to or maintenance of said collateral),
Undersigned hereby grants to Bank a security interest in, lien upon, statements, federal income
description of raw materials, returns, inventory reports (including a
Wished goods and the aging thereof
as
and right of setoff against, all deposit accounts, credits, securities, applicable), and accounts re ,
able and payable aging reports)
all in
moneys, or other property of Undersigned which may at any time be form and content satisfactory ,
Bank, and (3) permit, upon request by
in the possession of, delivered to, or owed by Bank, including any Bank, any of the officers, em oyees or representatives of Bank to visit
proceeds or returned or unearned premiums of insurance, and the and inspect any of Undersi ed's properties and locations and to
proceeds of all the foregoing property. Other property, real or examine its books and recor and discuss the affairs
finances and
personal, may secure this Note, as set forth in other documents and accounts of Undersigned with ,
epresentatives thereof, as often as Bank
agreements. may request; (h) provide addi onal collateral at such times and having
Undersigned acknowledges and agrees that Undersigned shall renew, such value as Bank may requ
for believing that the value of t, if Bank shall have reasonable grounds
the collateral securing the indebtedness
or cause to be renewed, the Certificate(s), if any, until the
indebtedness evidenced by this Note has been paid in full. evidenced by this Note h
indebtedness; (i) pay, upon d become insufficient to secure said
wand by Bank, (1) all costs and fees
Undersigned further agrees that Undersigned will execute, or will pertaining to the filing of an financing, continuation or termination
cause to be executed, upon demand by Bank any financing statements, mortgages, satisfy on pieces, judgments and any other type
statements or other documents, including, without limitation, of document which Bank dee necessary or desirable to be filed with
additional Assignments of Deposit Account, which Bank may deem regard to security interests w 'ch secure the indebtedness evidenced
necessary or desirable to evidence, perfect or maintain perfection of hereby, regardless of whether inch security interests were granted by
the security interests created in the Certificate(s) and any renewals, Undersigned, and (2) all cos and expenses incurred by Bank in
replacements and substitutions thereof. connection with any collateral securing this Note (including without
Additional Terms and Conditions limitation all advances made by
to or maintenance of said Bank for taxes, levies, insurance, repairs
lateral, appraisal or valuation of said
1. Covenants. Undersigned covenants and agrees that until all collateral, and determination flood hazard), regardless of whether
indebtedness evidenced hereby has been paid in full and until
' such collateral is owned by Un ersigned; and 0) pay, upon demand by
Undersigned
s ability to borrow hereunder has terminated, Bank, all amounts incurred by Bank in connection with any action or
Undersigned shall: (a) maintain at all times a positive tangible net proceeding taken or ncec by Bank to enforce or collect this Note
worth; (b) (1) have all Environmental Permits necessary for the
including attorney's fees equ ,
I to the lesser of (1) 20% of the
conduct of each of Undersigned's businesses and operations, (2) outstanding principal balance and interest then due hereunder or
conduct each of Undersigned's businesses and operations in material $500.00, whichever is greater, o (2) the maximum amount permitted by
compliance with all, applicable Environmental Laws and law, plus attorney's costs and all osts of legal proceedings.
Environmental Permits, (3) not permit to exist any event or condition
that requires or is likely to require Undersigned under any 2. Events of Default. The occur ence of any of the following shall
Environmental Law to pay or expend funds by way of fines, constitute an "Event of Default ' hereunder: (a) default in payment or
judgments, damages, cleanup, remediation or the like in an aggregate performance of any of the inde edness or obligations evidenced by this
amount, the payment of which could reasonably be expected to Note or any other evidence of L ability of Undersigned to Bank; (b) the
interfere substantially with normal operations of Undersigned or breach by any Obligor (defi as Undersigned and each surety or
materially adversely affect the financial condition of Undersigned, (4) guarantor or any of Undersi 's liabilities to Bank as well as any
notify Bank promptly upon becoming aware of any pending or person or entity granting Ban ecurity interest in property to secure
threatened proceeding, suit, investigation, allegation or inquiry any indebtedness evidenced h
Jer by)of
any covenant -contained in this
regarding any alleged event or condition that, if resolved unfavorably Note or in any separate secu guarantee or suretyship agreement
to Undersigned or any of Undersigned's subsidiaries or affiliates, is between Bank and any Obligo occurrence of any default hereunder
likely to cause Undersigned or any of its subsidiaries or affiliates or under the terms of any suc eement, or the discovery by Bank of
under any Environmental Law to pay or expend funds by way of any false or misleading represent tion made by any Obligor herein or in
fines, judgments, damages, cleaning, remediation or the like, and (5) any such agreement or in any o her information submitted to Bank by
provide at Undersigned's cost, upon request by Bank, certifications, any Obligor; (c) with respect to any Obligor: (1) death or incapacity of
documentation, copies of pleadings and other information regarding any individual or general partner, or (2) dissolution of any partnership or
the above, all in form and content satisfactory to Bank; (c) conduct corporation; (d) any assignme for the benefit of creditors by any
each of Undersigned's businesses and operations in material Obligor; (e) insolvency of any ligor; (f) the filing or commencement
compliance with all federal, state or local laws, statutes, regulations, of any petition, action, case or proceeding, voluntary or involuntary
rules, ordinances, court or administrative orders or decrees, or
under any state or federal h ,
w regarding bankruptcy, insolvency,
private agreements or interpretations, now or hereafter in existence, reorganization, receivership or dissolution, including the Bankruptcy
directly or indirectly relating to or affecting Undersigned's businesses Reform Act of 1978, as amend , by or against any Obligor; (g) default
or operations; (d) use the proceeds of the Line of Credit evidenced under the terms of any lease of r mortgage on the premises where real
hereby only for business purpose(s) specified to Bank at or prior to or personal property securing the indebtedness evidenced by this Note is
the execution hereof; .(e) promptly notify Bank in writing of any located; (h) the garnishment, ta : assessment, attachment or taking by
change in Undersigned's residence or Chief Executive Office
(? governmental authority or other reditor of an
any property of any Obligor
purchase and maintain policies of insurance - (including flood which is in Bank's possession r which constitutes security for any
insurance) to protect against such risks and casualties, and in such indebtedness evidenced hereby, (i) entry of judgment against any
amounts, as shall be required by Bank and/or applicable law, which Obligor in any court of record; (j the assessment against any Obligor by
policies shall (1) be in form and substance satisfactory to Bank, (2) at the Internal Revenue Service or a y other federal, state or local taxing
Page 3 of 6
authority of unpaid taxes, or. the issuance of a levy or the required by Bank in connection w
entering of a lien in connection therewith; (k) change in control obligations, and (iii) to assign and
of or transfer of any interest in any Obligor (other than an such indebtedness or obligations,
Obligor who is an individual); (1) a determination by Bank, or personal property of Undersig
which determination shall be conclusive if made in good faith, more officers of Undersigned
that.a material adverse change has occurred in the financial or heretofore for the account of Ur
business condition of any Obligor; (m) the maturity of any life any of Undersigned's property fo
insurance policy held as collateral for the indebtedness any other actin connection there
evidenced by this Note by reason of the death of the insured or and approved, and (3) said resc
otherwise; (n) the revocation, termination, cancellation, denial continuing agreement with Bai
of liability, or the attempt of any of the foregoing, by any Undersigned until a resolution ar
Obligor of any obligation or liability whatsoever of the Obligor and legally adopted and Bank furni
to Bank, including without limitation any security, guarantee or
suretyship agreement; or (o) default by Undersigned in the
payment of any indebtedness of Undersigned or in the
performance of any of Undersigned's obligations (other than
indebtedness or obligations evidenced by this Note or any other
evidence of liability of Undersigned to Bank) and such default
shall continue for more than any applicable grace period.
3. Acceleration; Remedies. Upon the occurrence of any Event of
Default: (a) at its option, Bank may immediately and without
notice temporarily stop allowing the borrowing of money, or
close Undersigned's Line of Credit and permanently stop
allowing the borrowing of money; (b) all amounts due under
this Note, including the unpaid balance of principal and interest
hereof, shall become immediately due and payable at the option
of Bank, without any demand or notice whatsoever; and (c)
Bank may immediately and without demand exercise any of its
rights and remedies granted herein, under applicable law, or
which it may otherwise have, against Undersigned or otherwise.
Notwithstanding any provision to the contrary contained herein,
upon the occurrence of an Event of Default as described in
Section 2(f) hereof, all amounts due under this Note, including
without limitation the unpaid balance of principal and interest
hereof, shall become immediately due and payable, without any
demand, notice or further action by Bank whatsoever, and an
action therefor shall immediately accrue.
4. Bank's Rights. Undersigned hereby authorizes Bank, and
Bank shall have the continuing right, at its sole option and
discretion, to: (a) do anything which Undersigned is required
but fails to do, and in particular Bank may, if Undersigned fails
to do so, obtain and pay any premiums payable on any policy of
insurance required to be obtained or maintained hereunder; (b)
direct any insurer to make payment of any insurance proceeds,
including any returned or unearned premiums, directly to Bank,
.and apply -.such. moneys Io. any_-indebtedness_or other A=unt
evidenced hereby in such order or fashion as Bank may elect;
(c) pay the proceeds of the Line of Credit evidenced by this
Note to any or all of the Undersigned individually or jointly, or
to such other person(s) as any of the Undersigned may direct;
and (d) add any amounts paid or incurred by Bank under
Section 1(i), Section 10) or Section 4(a) to the principal
amount of the indebtedness evidenced by this Note.
5. Authorization to Borrow. Undersigned hereby represents,
warrants, certifies and covenants as follows:
(a) If Undersigned is a corporation, that the person(s) signing
below hold(s) the office(s) indicated below (and continue to
hold such office(s) until Bank has received notice to the
contrary in writing from Undersigned), and that the Board of
Directors of Undersigned has adopted resolutions providing
that: (1) the person(s) executing and delivering this Note on
behalf of Undersigned is/are authorized (i) to incur
indebtedness and obligations on behalf of Undersigned by
borrowing or making other financial arrangements with Bank
from time to time, upon terns and conditions as they in their
sole discretion deem desirable, (ii) to make, execute and deliver
promissory notes, letter of credit agreements, security
agreements, assignments, mortgages and all other documents
h the incurring of indebtedness or
ledge as collateral security for any
ow or hereafter existing, any real
ed; (2) the actions of any one or
borrowing money from Bank
ersigned, in assigning or pledging
the payment thereof, or in doing
ith are hereby ratified, confirmed
.itions shall have the force of a
:, and shall be binding upon
:nding them shall have been duly
ied a certified copy thereof.
(b) If Undersigned is a partners 'p, that (1) Undersigned's name
shown below is a trade name o Undersigned's firm used in the
conduct of an unincorporated busi ess owned entirely by the persons
signing this Note on behalf of id partnership; (2) the partners
executing and delivering this N to are authorized (i) to incur
indebtedness and obligations on b alf of Undersigned by borrowing
from or making other financing or redit accommodations with Bank
from time to time, upon such ten as and conditions as they in their
sole discretion deem desirable, (') to make, execute, and deliver
promissory notes, letter of credit agreements, security agreements,
assignments, mortgages and all oth r documents required by Bank in
connection with the incurring of in ebtedness or obligations, and (iii)
to assign and pledge as collateral s rity for any such indebtedness or
obligations, now or hereafter existi , any real or personal property of
Undersigned; (3) the actions o any one or more partners of
Undersigned in borrowing mone from Bank heretofore for the
account of Undersigned, in igning or pledging any of
Undersigned's property for the yment thereof, or in doing any
other act in connection therewith a hereby ratified, confirmed, and
approved; (4) notwithstanding any odification or termination of the
power of any of the partners to represent said firm, whether by
expiration of the partnership agr went, by death or retirement of
any partner, or the accession o one or more new partners, or
otherwise, and notwithstanding an other notice thereof Bank may
receive, this authority shall contin to be binding upon each of the
Undersigned individually and upo their death or retirement of any
partner, or the accession of one or more new partners, or otherwise,
and notwithstanding any other not x thereof Bank may receive, this
authority shall continue to be bind' g upon each of the Undersigned
individually and upon their i al representatives, and upon
Undersigned and its successors, til Bank has received notice in
writing to the contrary signed one of the Undersigned or by
Undersigned's duly authorized age t (Receipt of such notice will not
relieve any partner of any liability arising from obligations incurred
prior_ to. Bank's recut of such no, ce.), and (5) nothing herein shall
be construed to limit the rights gr ted to a partner by law or by the
partnership agreement, but all is granted herein shall be in
addition to such rights.
6. Deflgitlons; Miscellaneous Provisio s.(a) Undersigned waives (except
where requested hereby) notice of ction taken by Bank; and hereby
ratifies and confirms whatever Ban) may do. Bank shall be entitled to
exercise any right notwithstandin any prior exercise, failure to
exercise or delay in exercising any s ch right. (b) Bank shall retain the
lien of any judgment entered account of the indebtedness
evidenced hereby. Undersigned rants that Undersigned has no
defense whatsoever to any action o proceeding that may be brought
to enforce or realize on any such ju gment. (c) If any provision hereof
shall for any reason be held ' lid or unenforceable, no other
provision shall be affected thereby, nd this Note shall be construed as
if the invalid or unenforceable pr 's'on had never been a part of it.
The descriptive headings of this to are for convenience only and
shall not in any way affect the eaning or construction of any
provision hereof. (d) The rights an I privileges of Bank contained in
this Note shall inure to the benefit of its successors and assigns, and
the duties of Undersigned s all bind all heirs, personal
representatives, successors and as igns. (e) This Note shall in all
respects be governed by the laws f the state in which this Note is
payable (except to the extent that fe eral law governs). (f)
Page 4 of 6
Undersigned hereby irrevocably appoin ;and each holder in the case of a? _ _ _ . A
hereof as Undersigned's attorney-in-fact to endorse partnership individually and
Undersigned's name to any draft or check which may be payable partners sign below. Unde
to Undersigned in order to collect the proceeds of any insurance severally bound by the ter
or any returned or unearned premiums in respect of any policies partnership executing this N
of insurance required to be maintained hereunder. Undersigned bound hereby both in such
hereby acknowledges that this appointment of Bank and each partnership capacities.
holder hereof as attorney-in-fact is irrevocable and is coupled
with an interest. (g) Undersigned assigns to Bank all moneys 7. Affidavit of Business Loan.
which may become payable on any policy of insurance required Undersigned is a corpora
to be maintained under this Note, including any returned or authorized, depose(s) and sa
unearned premiums. (h) "Environmental Law" means any Undersigned:
federal, state or local environmental law, statute, regulation, rule, (a) Is/Are engaged in busin
ordinance, court or administrative order or decree, or private Partner(s) of (name and na
agreement or interpretation, now or hereafter in existence,
l hip, all general partners of such
collectively, whether or not such
signed shall each be jointly and
hereof] and, with respect to any
te, each general partner shall be
general partner's individual and
Ibis Affidavit is not applicable if
'on.) Undersigned, being duly
(s) under penalty -of perjury that
as [] Owner(s), [:] General
a of business)
re
ating to the manufacture, distribution, labeling, use, handling,
coll
ti
ec
on, storage, treatment, disposal or otherwise of
Hazardous S
b
t
i
u
s
ances, or
n any way relating to pollution or
rotection of the
i
t
p
env
ronmen
or public health. (i)
"Environmental Permit" means
f
d
l
l
any
e
era
, state or
ocal permit,
license or authorization issued under or in connection with any
Environmental Law. Q) "Hazardous Substances" means (b) Hereby make(s) applicati
petroleum and petroleum products, radioactive materials, of which will be utilized forth
asbestos, radon, lead containing materials, sewage or any
to Bank for a loan, the proceeds
purpose(s) of
materials or substances defined as or included in the definition of
"h
" "
azardous wastes,
hazardous substances," "hazardous
" "
" "
materials,
toxic substances,
hazardous air pollutants," "toxic
t
ll
" "
"
po
u
ants,
pollution,
or terms of similar meaning, as those
t
d
"
erms are use
in any Environmental Law. (k)
Chief Executive
Office" means the
lace from which the main
a
t
f th
b
i
p
p
r
o
e
us
ness
operations of an entity is managed. 0) "Undersigned" refers
individually and collectively to all makers of this Note, including, (c) Exercise(s) actual control
the business.
?ver the managerial decisions of
(Remainder of page intentionally left blank)
Page 5 of 6
8. Confession of Judgment UNDERSIGNED HEREBY HEREOF AND ALL O
EMPOWERS THE PROTHONOTARY --OR - ANY HEREUNDER, TDGETHEP
ATTORNEY OF ANY COURT OF RECORD TO APPEAR PROCEEDINGS AND AN A
FOR UNDERSIGNED AND TO CONFESS JUDGMENT EQUAL TO THE LESSEI
AS OFTEN AS NECESSARY AGAINST UNDERSIGNED OUTSTANDING PRINCI
IN FAVOR OF THE HOLDER HEREOF, REGARDLESS INTEREST THEN DUE F.
OF WHETHER ANY EVENT OF DEFAULT HAS WHICHEVER IS GREATEP
OCCURRED, AT ANY TIME AND AS OF ANY TERM, AMOUNT PERMITTED BY
FOR THE OUTSTANDING PRINCIPAL BALANCE ' ALL ERRORS. UNDERSIG
HEREOF PLUS INTEREST DUE UNDER THE TERMS EXEMPTING REAL OR
FROM EXECUTION.
By signing this Note, Undersigned agrees to all terms of this Note and swears, under pe
18 Pa.C.S.§ 4904, if governed by Pennsylvania law), to the Affidavit of Business Loan (if
7 of this Note.
Witness the due execution hereof under seal.
Attes / itss:
x / -C
Business Address:
1317 HOWARD ST
HARRISBURG PA 17105
(Corporate Seal)
Corporation or Othez
FLASH ELECTRIC, INC.
By: (4ignaaurq/Tjrtle)
By:(SignaturelTile)
By:(Signat&e/
x
By:(Signature/Title)
x
MR AMOUNTS DUE
WITH COSTS OF LEGAL
TORNEY'S -COMMISSION
OF (A) 20% OF THE
AL BALANCE AND
EREUNDER OR $500.00,
OR (B) THE MAXIMUM
.AW, ATM RELEASE OF
TED WAIVES ALL LAWS
PERSONAL PROPERTY
of perjury (as set forth in
Meted) set forth in Section
Entity:
(Seal)
(Seal)
(Seal)
(Seal)
Authorized Bank Signature to Evidence Ba4k's Approval of the Line of Credit:
By:
Office
Mellon Bank, N.A
Mellon Bank (DE) National Association Page 6 of 6
CL4626 Rev.(12I98) LC. 1Z98 LD 12/98
0275 B 25-1628105 1 c14626(01) 021199,0835
EXHIBIT "B"
UNRUHURNER
BURKE9FREES
A T T O R N E Y S A T L A W
A PROFESSIONAL CORPORATION
West Chester - Phoenixville - Malvem
July 21, 2011
VIA CERTIFIED MAIL, RETURN RECEIPT REQUESTED,
RESTRICTED DELIVERY, NO. 70110110 00013309 2843
AND FIRST CLASS MAIL
Flash Electric, Inc.
4801 Charles Road
Mechanicsburg, PA 17055
Attention: Barry L. and Patricia A. Shirk
RE: Citizens Bank - $50,000.00 Business Line of Credit
Loan No. 060-0517747-0101
Dear Mr. and Mrs. Shirk:
This firm represents Citizens Bank in connection with the
business line of credit.
JOHN K. FIORILLO
Jfiodllo@utbf.com
referenced
As you are aware, on May 16, 2011, the Bank notified you of lash Electric, Inc.
("Flash Electric") default under a Note and Line of Credit Agreement (fated February 11,
2009 (the "Note") and demanded payment in full of all outstanding principal, interest
and any other charges expenses due under the Note. Flash Electric has failed -to
tender payment in accordance with the demand.
Demand is hereby made for immediate payment of the balam
interest and other fees and expenses that are due in connection w
following is an itemization of the outstanding balance as of July 7, 20'
Principal $50,000.00
Interest $ 286.93
Late charge $ 107.11
TOTAL $50,394.04
Interest continues to accrue from July 7, 2011 at the per diem
Further and in addition, Flash Electric is responsible for all coi
in connection with collection. You will need to contact me in order to
plus all accrued
the Note. The
"1:
of $1.97.
fees incurred
in the amount
MAILING ADDRESS P.O. Box 515, West Chester, PA 19381-0515 1 T: 610.692.1371 : 610.918.1361
OVERNIGHT DELIVERY 1 17 West Gay Street, West Chester, PA 1938
www. uthf. com
Flash Electric, Inc.
July 21, 2011
Page 2
amount of attorney's fees that are due now that this matter has
counsel for the Bank for purposes of securing repayment.
referred to outside
Please direct all further communications regarding this to me. It is our hope that
you will honor your obligations to repay the Bank promptly. T ank you for your
anticipated cooperation and prompt attention in this matter.
Sincerely,
IsI,john X Fimido
John K. Fiorillo
JKF:mc
cc: Kristi Jensen (via first class mail and e-mail)
¦ Complete items 1, 2, and 3. Also complete
Item 4 if Restricted Delivery is desired.
¦ Print your name and address on the reverse
so that we can return the card to you.
¦ Attach this card to the back of the mailpiece,
or on the front If space permits.
1. Article Addressed to:
< ?"'
1 ??
A. Sigture
13 X Agent
r ? Addresses
B. Received by (PAntec Name) G. D of livery
hD. Is delivery address d from Rom 17f ? fes
If YES, enter delivery dress below: ? No
f Flactric, Inc.
48 arles Road
M csburg, PA 17055 3
ivPe
Certified Mail Evnm man
? Registered Return Receipt for Merchandise
? Insured mail C.O.D.
4. Restricted Delivery? Fee) Y?
2. Article Number-
ffimsferf mwrvker8W 7011
0113 0001 3309
843
PS Form 3811, February 2004 Domestic Return Receipt
' I
P•
r1 I .
ru
ru
it F o ?
IT) Postage $
M
Cerffied Fee
0
C3 (EndoraeememReq ice)
Restricted Delivery Fee
O (Endorsement Required)
r?
r-q Total Postage & Fees .$
O
Sew To
o..F".Igh Electric,. Inca--
orPosuft 4801 Charles Road
?'h ark i
ere ??
10 5 024A-1540
V
UN/TEDST/?TES
POST/1L SERVICE Certificate
TThhi?s ete of Mailin91d. provides evidence that mail has been resented to USPSMalli
y be used eyryc and international mail. p
From: for mai
JOHN K. FIORILLO
P O °BOX 515
WEST CHESTER, PA 19381-0515
To: Flash
Electric, Inc- f
4801 Charles Road
Mechanicsburg,
PA 17055
Attention: Barr
Y L. and Patricia
PS Form 381 ] April 2007 PSN 7530-02-000-9065
UNRUH, TURNER, BURKE & FREES, P.C. ATTORNEYS FOR
BY: JOHN K. FIORILLO, ESQUIRE
ATTORNEY I.D. No. 55658
BY: NANCY J. GLIDDEN, ESQUIRE
ATTORNEY I.D. No. 78961
P.O. Box 515
WEST CHESTER, PA 19381-0515
610-692-1371
CITIZENS BANK OF PENNSYLVANIA, IN THE COURT OF
successor by merger to Mellon Bank
443 Jefferson Boulevard West CUMBERLAND COU
Warwick, RI 02886
Plaintiff CIVIL ACTIO
N
- LAI
vs. ?
7
No.
FLASH ELECTRIC, INC. :
4801 Charles Road
Mechanicsburg, PA 17055 :
Defendant
AFFIDAVIT OF ADDRESSES
STATE OF RHODE ISLAND
COUNTY OF KENT
STEPHANIE L. OGDEN, being duly sworn according to law del
Recovery Vendor Liaison of Managed Assets-Debt Management
Pennsylvania; that she is authorized to make this affidavit and that the
and Defendant are as follows:
SS.
Plaintiff
Citizens Bank of Pennsylvania
443 Jefferson Blvd., West
Warwick, RI 02886
SWORN TO and SUBSCRIBED
before e this day
of e? -520011.
NOTARY PUBLIC
EILEEN CORCORAN
NOTARY PUEL,C
State of Rhode Island
Defendant
Flash Electric, Inc.
4801 Charles Road
Mechanicsburg, PA 1
S
x.0 -V °rn
acs
---i c,
C 'Z7
?- y? "Yi
C
c:
PLEAS
, PENNSYLVANIA
el'vlz -7e'747
and says that she is
Citizens Bank of
sses of the Plaintiff
5
OGDEN
UNRUH, TURNER, BURKE & FREES, P.C. : ATTORNEYS FOR PL/
BY: JOHN K. FIORILLO, ESQUIRE
ATTORNEY I.D. No. 55658
BY: NANCY J. GLIDDEN, ESQUIRE
ATTORNEY I.D. No. 78961
P.O. Box 515
WEST CHESTER, PA 19381-0515
610-692-1371
CITIZENS BANK OF PENNSYLVANIA, IN THE COURT OF CI
successor by merger to Mellon Bank
443 Jefferson Boulevard West CUMBERLAND COUN
Warwick, RI 02886
Plaintiff CIVIL ACTION - LAW
VS. No. ??- 7v2 6
FLASH ELECTRIC, INC.
4801 Charles Road
Mechanicsburg, PA 17055
Defendant
C-) -;?
'INTIFF rn
CD
PLEAS
, PENNSYLVANIA
NOTICE REGARDING DEBTOR IDENTIFICATI N
A debtor who has been incorrectly identified herein may file and serve a petition pursuant
to Pa. R.Civ. P. 2959 and 2967. An incorrectly identified debtor who pre ails in such a motion
may be entitled to costs and reasonable attorney fees as determined by
contact an attorney to advise you in connection with this matter.
Pa. R.Civ. P. 2959 provides that:
(a)(1) Relief from a judgment by confession shall be sought by petition.
subparagraph (2), all grounds for relief whether to strike off the judgm
asserted in a single petition. The petition may be filed in the county in
originally entered, in any county to which the judgment has been
county in which the sheriff has received a writ of execution directed to
court. You should
as provided in
or to open it must be
the judgment was
or in any other
sheriff to enforce the
judgment.
(2) The ground that the waiver of the due process rights of notice and hear?ng was not voluntary,
intelligent and knowing shall be raised only (i) in support of a further 11 request for a stay of
execution where the court has not stayed execution despite the timely fling of a petition for
relief from the judgment and the presentation of prima facie evidence of,;a defense; and (ii) as
provided by Rule 2958.3 or Rule 2973.3.(3) If written notice is served upon the petitioner
pursuant to Rule 2956.1(c)(2) or Rule 2973.1(c), the petition shall be filed within thirty days
after such service. Unless the defendant can demonstrate that there were Oompelling reasons for
the delay, a petition not timely filed shall be denied. (b) If the petition status prima facie grounds
for relief the court shall issue a rule to show cause and may grant a stayllof proceedings. After
being served with a copy of the petition the plaintiff shall file an answer On or before the return
day of the rule. The return day of the rule shall be fixed by the court b? local rule or special
order.
(c) A party waives all defenses and objections which are not included in the petition or answer.
(d) The petition and the rule to show cause and the answer shall be served as provided in Rule
440.
(e) The court shall dispose of the rule on petition and answer, and on any tl?stimony, depositions,
admissions and other evidence. The court for cause shown may stay proceedings on the petition
insofar as it seeks to open the judgment pending disposition of the application to strike off the
judgment. If evidence is produced which in a jury trial would require the Issues to be submitted
to the jury the court shall open the judgment. (f) The lien of the j
attachment shall be preserved while the proceedings to strike off or
pending.
Pa R.Civ. P. 2967 provides a form for filing a petition to strike the j
certain rules of the Pennsylvania Rules of Civil Procedure.
or of any levy or
the judgment are
in accordance with
-2-
The petition to strike judgment required by Rules 2958.3 and 2973.3
the following form:
be substantially in
(Caption)
PETITION TO STRIKE JUDGMENT
REQUEST FOR PROMPT HEARING
Street Address
City, State
Telephone Number
I hereby certify that I did not voluntarily, intelligently and knowingly givq up my right to notice
and hearing prior to the entry of judgment. I petition the court to strikel the judgment on this
ground and request a prompt hearing on this issue. I verify that the st4tements made in this
Request for Hearing are true and correct. I understand that false statements herein are made
subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities.
Notice of the hearing should be given to me at
Dated:
Defendant(s)
-3-
UNRUH, TURNER, BURKE & FREES, P.C.
BY: JOHN K. FIORILLO, ESQUIRE
ATTORNEY I.D. NO. 55658
BY: NANCY J. GLIDDEN, ESQUIRE
ATTORNEY I.D. No. 78961
P.O. BOX 515
WEST CHESTER, PA 19381-0515
610-692-1371
CITIZENS BANK OF PENNSYLVANIA,
successor by merger to Mellon Bank
443 Jefferson Boulevard West
Warwick, RI 02886
Plaintiff
VS.
FLASH ELECTRIC, INC.
4801 Charles Road
Mechanicsburg, PA 17055
Defendant
ATTORNEYS FOR
IN THE COURT OF
CUMBERLAND
CIVIL ACTION - LA
No. //- 7,26
AFFIDAVIT OF STEPHANIE L. OGDEN
STATE OF RHODE ISLAND
COUNTY OF KENT
SS.
STEPHANIE L. OGDEN, being duly sworn according to law dep
Recovery Vendor Liaison of Managed Assets-Debt Management
Pennsylvania; that she is authorized to make this affidavit and that tk
foregoing Complaint for Confession of Judgment are true and corr
knowledge, information and belief; and that the Exhibits attached to the
correct copies of the originals. „ (_ ..
SWORN TO and SUBSCRIBED
before this day
of , 2011.
NOTARY PUBLIC
E'_1n lsia^d
state of R110CI '
My Commissioli 1?
October 16,
STEPHANIE L.
PLEAS
, PENNSYLVANIA
el uI t _F(fiu
?
rnco ?
- ?
-
m
= Po
- ti a
cn r ? Cj
r ;a CD ,
T?
C-) 7X
Q CD
C w (" t
c-D
_,r rv
>ses and says that she is
of Citizens Bank of
facts set forth in the
;ct to the best of her
Complaint are true and
UNRUH, TURNER, BURKE & FREES, P.C.
BY: JOHN K. FIORILLO, ESQUIRE
ATTORNEY I.D. No. 55658
BY: NANCY J. GLIDDEN, ESQUIRE
ATTORNEY I.D. NO. 78961
P.O. Box 515
WEST CHESTER, PA 19381-0515
610-692-1371
CITIZENS BANK OF PENNSYLVANIA,
successor by merger to Mellon Bank
443 Jefferson Boulevard West
Warwick, RI 02886
Plaintiff
V3.
FLASH ELECTRIC, INC.
4801 Charles Road
Mechanicsburg, PA 17055
Defendant
ATTORNEYS FOR
: IN THE COURT OF
: CUMBERLAND
: CIVIL ACTION - LA
: No. I I _72 b
AFFIDAVIT OF DEFAULT
STATE OF RHODE ISLAND
COUNTY OF KENT
SS.
STEPHANIE L. OGDEN, being duly sworn according to law der
Recovery Vendor Liaison of Managed Assets-Debt Management
Pennsylvania; that she is authorized to make this affidavit and that the I
under the terms of the instruments attached to the Complaint in Con
Exhibit "A" in that payment has not been made to Plaintiff in accordanc
and Defendant has otherwise failed to comply with its obligations as m,
in the Complaint, as a result of which the amount of $17,80 us inte
due and owing.
i
SWORN TO and SU SCRIBED
before me this 1474 day
of 2011.
r
NOTARY PUBLIC
EILEF? (;ORCG lhld
NOTPkv PIJBLI
state of .Ctnode island
My Commission F..yp eS
October 16, 2012
1MON PLEAS
(, PENNSYLVANIA
G vi t l-iv)
C S-E
--4
rnrn M
- ??r-
-
?:0 0 c'
tD -n
rv
pses and says that she is
of Citizens Bank of
defendants are in default
?ession of Judgment as
with the terms thereof
ire particularly set forth
lest from July 7, 2011 is
EN
UNRUH, TURNER, BURKE & FREES, P.C. ATTORNEYS FOR
BY: JOHN K. FIORILLO, ESQUIRE
ATTORNEY I.D. No. 55658
BY: NANCY J. GLIDDEN, ESQUIRE
ATTORNEY I.D. No. 78961
P.O. Box 515
WEST CHESTER, PA 19381-0515
610-692-1371
CITIZENS BANK OF PENNSYLVANIA, IN THE COURT OF I
successor by merger to Mellon Bank
443 Jefferson Boulevard West CUMBERLAND Cot
Warwick, RI 02886
Plaintiff CIVIL ACTION - LA
vs. No. ,? - 0-b
FLASH ELECTRIC, INC.
4801 Charles Road
Mechanicsburg, PA 17055
Defendant
AFFIDAVIT i
STATE OF RHODE ISLAND
SS.
COUNTY OF KENT
STEPHANIE L. OGDEN, being duly sworn according to law dep,
Recovery Vendor Liaison of Managed Assets-Debt Management
Pennsylvania; that she is authorized to make this affidavit and that thi
seller, holder or assignee arising out of a retail installment sale, contract
transactions upon which the judgment being entered is based were bi;
were not entered into for family, personal or residential purposes.
SWORN TO and SUBSCRIBED
before e this _ day
of , 2011.
NOTARY PUBLIC
EILEEN CORCORAN
NOTr,RY PUBLIC
State of Rhnde Island
r!iy cornm'ssion Expires
r;CtcFb r Zia, 2012
r?
C-) o -1
ZM CU C/>
m
- r-n
r-
0
ff?
--Cy ? Gq co
2-1 CD
r'J
PLEAS
, PENNSYLVANIA
C?'v L -7etn-,
uses and says that she is
of Citizens Bank of
is not an action by a
or account and that the
siness transactions and
STEPHANIE L. OGIDEN
UNRUH, TURNER, BURKE & FREES, P.C.
BY: JOHN K. FIORILLO, ESQUIRE
ATTORNEY I.D. No. 55658
BY: NANCY J. GLIDDEN, ESQUIRE
ATTORNEY I.D. No. 78961
P.O. Box 515
WEST CHESTER, PA 19381-0515
610-692-1371
CITIZENS BANK OF PENNSYLVANIA,
successor by merger to Mellon Bank
443 Jefferson Boulevard West
Warwick, RI 02886
Plaintiff
VS.
FLASH ELECTRIC, INC.
4801 Charles Road
Mechanicsburg, PA 17055
Defendant
ATTORNEYS FOR
IN THE COURT OF C(
CUMBERLAND COUN
CIVIL ACTION - LAW
No. //r
TO: FLASH ELECTRIC, INC.
4801 Charles Road
Mechanicsburg, PA 17055
NOTICE
Pursuant to Rule 236 of the Supreme Court of Pennsylvania, you
a JUDGMENT BY CONFESSION has been entered against you
proceeding and that enclosed herewith is a copy of all the (records) docui
the said judgment.
FF
PLEAS
, PENNSYLVANIA
elviz, Tr?t-
-e hereby notified that
the above-captioned
;nts filed in support of
IF YOU HAVE ANY QUESTIONS CONCERNING THIS NOTICE, PLEASE CALL:
ATTORNEY Nancy J. Glidden, Esquire at telephone number: 610 692-1 71.
11
David D. Buell, PROTHONOTARY
Cumberland County, Pennsyl ania
Dated: // q , 2011
Deputy