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HomeMy WebLinkAbout14-2552 UNRUH, TURNER, BURKE & FREES, P.C. ATTORNEYS FOR DEFENDANT BY: JOHN K. FIORILLO, ESQUIRE ATTORNEY I.D. NO. 55658 P.O. Box 515 WEST CHESTER, PA 19381 -0515 610 - 692 -1371 PNC BANK, NATIONAL ASSOCIATION IN THE COURT OF COMMON PLEAS 4242 Carlisle Pike Camp Hill PA 17011 CUMBERLAND COUNTY, PENNSYLVANIA_ Plaintiff CIVIL ACTION -LAW VS. ROBERT C. BALES n t�yy� zM � �n 398 Howard's Knob Road l.�! V t. L ��' — " \ Znr- rs.3 � Boone, NC 28607 r x 4 C� CD Defendant "' CZ) - r_ _ c ENTRY OF APPEARANCE, CONFESSION OF JUDGMENT AND PRAECIPE FOR ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Pursuant to the authority contained in the Warrant of Attorney, a true 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 $395,429.32 Interest as of 3/20/2014 $ 4,804.47 Late charges $ 200.00 Attorney's commission (10 %) $ 40,023.38 TOTAL $440,457.17 Interest continues to accrue from April 3, 2014 at a per diem rate of $44.48. UNRUH, TURNER, XE & F ES, P.C. Date: By. OL�4� John iorillo, squire omey for Defbndant oq&-no i erc��8�d l UNRUH, TURNER, BURKE & FREES, P.C. ATTORNEYS FOR PLAINTIFF BY: JOHN K. FIORILLO, ESQUIRE ATTORNEY I.D. No. 55658 P.O. Box 515 WEST CHESTER, PA 19381 -0515 610- 692 -1371 PNC BANK, NATIONAL ASSOCIATION IN THE COURT OF COMMON PLEAS 4242 Carlisle Pike Camp Hill, PA 17011 CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff CIVIL ACTION -LAW VS. No. ROBERT C. BALES 398 Howard's Knob Road Boone, NC 28607 Defendant : NOTICE REGARDING DEBTOR IDENTIFICATION 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 prevails in such a motion may be entitled to costs and reasonable attorney fees as determined by the court. You should 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. Except as provided in subparagraph (2), all grounds for relief whether to strike off the judgment or to open it must be asserted in a single petition. The petition may be filed in the county in which the judgment was originally entered, in any county to which the judgment has been transferred or in any other county in which the sheriff has received a writ of execution directed to the sheriff to enforce the judgment. (2) The ground that the waiver of the due process rights of notice and hearing was not voluntary, intelligent and knowing shall be raised only (i) in support of a further request for a stay of execution where the court has not stayed execution despite the timely filing 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 compelling reasons for the delay, a petition not timely filed shall be denied. (b) If the petition states prima facie grounds for relief the court shall issue a rule to show cause and may grant a stay of 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 by 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 testimony, 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 judgment or of any levy or attachment shall be preserved while the proceedings to strike off or open the judgment are pending. Pa R.Civ. P. 2967 provides a form for filing a petition to strike the judgment in accordance with certain rules of the Pennsylvania Rules of Civil Procedure. -2- The petition to strike judgment required by Rules 2958.3 and 2973.3 shall be substantially in the following form: (Caption) PETITION TO STRIKE JUDGMENT REQUEST FOR PROMPT HEARING I hereby certify that I did not voluntarily, intelligently and knowingly give up my right to notice and hearing prior to the entry of judgment. I petition the court to strike the judgment on this ground and request a prompt hearing on this issue. I verify that the statements made in this Request for Hearing are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities. Notice of the hearing should be given to me at Street Address City, State Telephone Number Dated: Defendant(s) -3- UNRUH, TURNER, BURKE & FREES, P.C. ATTORNEYS FOR PLAINTIFF BY: JOHN K. FIORILLO, ESQUIRE ATTORNEY I.D. No. 55658 P.O. Box 515 WEST CHESTER PA 19381 -0515 610- 692 -1371 PNC BANK, NATIONAL ASSOCIATION IN THE COURT OF COMMON PLEAS 4242 Carlisle Pike Camp Hill PA 17011 CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff CIVIL ACTION - LAW vs. ROBE No. r '� S � C � ROBERT C. BALES 5 I y 398 Howard's Knob Road Boone, NC 28607 Defendant COMPLAINT CONFESSION OF JUDGMENT UNDER PA.R.C.P. 2951 1. Plaintiff, PNC Bank, N.A. (the `Bank ") is a banking institution, whose address is 4242 Carlisle Pike, Camp Hill, PA 17011. 2. Defendant, Robert C. Bales ( "Guarantor ") is an adult individual with a last known address of 398 Howard's Knob Road, Boone, NC 28607. 3. On or about December 22, 2005, in consideration of monies lent, Courtney Ventures, LP, a Pennsylvania limited partnership, ( "Borrower ") executed and delivered to the Bank a term note in the original principal sum of $476,000.00 (the "Note "). A true and correct copy of the Note is attached hereto and made a part hereof as Exhibit "A ". 4. On or about December 22, 2005, in order to induce the Bank to enter into the transaction evidenced by the Note, Guarantor executed and delivered to the Bank a Guaranty and Suretyship Agreement (the "Guaranty ") wherein Guarantor agreed, among other things, to guaranty and act as a surety for all of Borrower's obligations to the Bank in connection with the Note and any other obligation of Borrower to the Bank. True and correct copies of the Guaranty is attached hereto and made a part hereof as Exhibit `B." 5. Judgment has not been previously entered in any jurisdiction against the Guarantor under the Guaranty. 6. This transaction did not arise from nor is judgment being entered in connection with a consumer credit transaction or residential lease against a natural person. 7. The Guaranty has not been assigned and the Bank is still the holder thereof. 8. Borrower has defaulted on its obligations to the Bank under the Note by virtue of among things, failing to make payment as and when due and Guarantor has defaulted on his obligations to the Bank pursuant to the terms of the Guaranty by virtue of various events, including without limitation, failing to cure Borrower's default. 9. As a result of said defaults, Guarantor is in default and the following amounts are immediately due and payable under and in connection with said Guaranty in connection with amounts that had been guaranteed with respect to the Note as of April 3, 2014: Principal $395,429.32 Interest as of 3/20/2014 $ 4,804.47 Late charges $ 200.00 Attorney's commission (10 %) $ 40 023.38 TOTAL $440,457.17 Interest continues to accrue from April 3, 2014 at a per diem rate of $44.48. -2- WHEREFORE, Plaintiff PNC Bank, N.A., respectfully requests judgment in its favor and against Defendant, Robert C. Bales, in the amount of $440,457.17 plus interest from April 3, 2014 at the per diem rate of $44.48 and all costs and expenses. Respectfully submitted, UNRUH, TURNER, BU & FREES, P.C. Date: k � By: John K orillo, E41uire orney for Plaintiff, PNC Bank, N.A. P.O. Box 515 West Chester, PA 19381 -0515 Attorney I.D. No. 55658 (610) 692 -1371 -3- EXHIBIT "A" (Page 1 of 5) Term Note B PNCBANC $476,000.00 Dated as of December 22, 2005 FOR VALUE RECEIVED, COURTNEY VENTURES, LP, a Pennsylvania limited partnership (the "Borrower "), with an address at 41 Kelly Drive, Carlisle, PA 17013, promises to pay to the order of PNC BANK, NATIONAL ASSOCIATION (the "Bank "), in lawful money of the United States of America in immediately available funds at its offices located at 4242 Carlisle Pike, Camp Hill, PA 17011, or at such other I location as the Bank may designate from time to time, the principal sum of FOUR HUNDRED SEVENTY -SIX THOUSAND AND 00 /100 DOLLARS ($476,000.00), together with interest accruing on the outstanding principal balance from the date hereof, all as provided below. 1. Rate of Interest Amounts outstanding under this Note will bear interest as follows: A rate per annum ( "Fixed Rate ") which is at all times equal to Six and 251100 percent (6.25 %). Interest will be calculated based on the actual number of days that principal is outstanding over a year of 360 days. 2. Payment Terms Principal and interest will be payable as provided below: Interest Only With Principal At Maturity: Interest shall be due and payable monthly, commencing on January 22, 2006, and continuing on the 22` day of each month thereafter until December 22, 2007, on which date all outstanding principal and accrued interest shall be due and payable in full. If any payment under this Note shall become due on a Saturday, Sunday or public holiday under the laws of the State where the Bank's office indicated above is located, such payment shall be made on the next succeeding business day and such extension of time shall be included in computing interest in connection with such payment. The Borrower hereby authorizes the Bank to charge the Borrower's deposit account at the Bank for any payment when due. Payments received will be applied to charges, fees and expenses (including attorneys' fees), accrued interest and principal in any order the Bank may choose, in its sole discretion. 3. Late Payments; Default Rate If the Borrower fails to make any payment of principal, interest or other amount coming due pursuant to the provisions of this Note within fifteen (15) calendar days of the date due and payable, the Borrower also shall pay to the Bank a late charge equal to the lesser of five percent (5 1 /o) of the amount of such payment or $100.00 (the "Late Charge "). Such fifteen (15) day period shall not be construed in any way to extend the due date of any such payment. Upon maturity, whether by acceleration, demand or otherwise, and at the Bank's option upon the occurrence of any Event of Default (as hereinafter defined) and during the continuance thereof, each advance outstanding under this Note shall bear interest at a rate per annum (based on the actual number of days that principal is outstanding over a year of 360 days) which shall be three percentage points (3 %) in excess of the interest rate in effect from time to time under this Note but not more than the maximum rate allowed by law (the "Default Rate "). The Default Rate shall continue to apply whether or not judgment shall be entered on this Note. Both the Late Charge and the Default Rate are imposed as liquidated damages for the purpose of defraying the Bank's expenses incident to the handling of delinquent payments, but are in addition to, and not in lieu of, the Bank's exercise of any rights and remedies hereunder, under the other Loan Documents or under applicable law, and any fees and expenses of any agents or attorneys which the Bank may employ. In addition, the Default Rate reflects the increased credit risk to the Bank of carrying a loan that is in default. The Borrower agrees that the Late Charge and Default Rate are reasonable forecasts of just compensation for anticipated and actual harm incurred by the Bank, and that the actual harm incurred by the Bank cannot be estimated with certainty and without difficulty. Form 8E — DE & PA (CO.n Rev. 1/02 J I (Page 2 of 5) 1 , 4. Prepayment The Borrower shall have the right to prepay any advance hereunder at any time and from time to time, in whole or in part; subject, however, to payment of any break funding indemnification amounts owing pursuant to paragraph 5 below. 5. Break Funding Indemnification The Borrower agrees to indemnify the Bank against any liabilities, losses or expenses (including, without limitation, loss of margin, any loss or expense sustained or incurred in liquidating or employing deposits from third parties, and any loss or expense incurred in connection with funds acquired to effect, fund or maintain any advance (or any part thereof) bearing interest at a Fixed Rate) which the Bank sustains or incurs as a consequence of either (i) the Borrower's failure to make a payment on the due date thereof, (ii) the Borrower's revocation (expressly, by later inconsistent notices or otherwise) in whole or in part of any notice given to Bank to request, convert, renew or prepay any advance bearing interest at a Fixed Rate, or (iii) the Borrower's payment or prepayment (whether voluntary, after acceleration of the maturity of this Note or otherwise) or conversion of any advance bearing interest at a Fixed Rate on a day other than the regularly scheduled due date therefor. A notice as to any amounts payable pursuant to this paragraph given to the Borrower by the Bank shall, in the absence of manifest error, be conclusive and shall be payable upon demand. The Borrower's indemnification obligations hereunder shall survive the payment in full of the advances and all other amounts payable hereunder. 6. Other Loan Documents This Note is issued in connection with a letter agreement between the Borrower and the Bank, dated on or before the date hereof, and the other agreements and documents executed and/or delivered in connection therewith or referred to therein, the terms of which are incorporated herein by reference (as amended, modified or renewed from time to time, collectively the "Loan Documents"), and is secured by the property (if any) described in the Loan Documents and by such other collateral as previously may have been or may in the future be granted to the Bank to secure this Note. 7. Events of Default The occurrence of any of the following events will be deemed to be an "Event of Default" under this Note: (i) the nonpayment of any principal, interest or other indebtedness under this Note when due; (ii) the occurrence of any event of default or any default and the lapse of any notice or cure period, or any Obligor's failure to observe or perform any covenant or other agreement, under or contained in any Loan Document or any other document now or in the future evidencing or securing any debt, liability or obligation of any Obligor to the Bank; (iii) the filing by or against any Obligor of any proceeding in bankruptcy, receivership, insolvency, reorganization, liquidation, conservatorship or similar proceeding (and, in the case of any such proceeding instituted against any Obligor, such proceeding is not dismissed or stayed within 30 days of the commencement thereof, provided that the Bank shall not be obligated to advance additional funds hereunder during such period); (iv) any assignment by any Obligor for the benefit of creditors, or any levy, garnishment, attachment or similar proceeding is instituted against any property of any Obligor held by or deposited with the Bank; (v) a default with respect to any other indebtedness of any Obligor for borrowed money, if the effect of such default is to cause or permit the acceleration of such debt; (vi) the commencement of any foreclosure or forfeiture proceeding, execution or attachment against any collateral securing the obligations of any Obligor to the Bank; (vii) the entry of a final judgment against any Obligor and the failure of such Obligor to discharge the judgment within ten (10) days of the entry thereof; (viii) any material adverse change in any Obligor's business,, assets, operations, financial condition or results of operations; (ix) any Obligor ceases doing business as a going concern; (x) any representation or warranty made by any Obligor to the Bank in any Loan Document or any other documents now or in the future evidencing or securing the obligations of any Obligor to the Bank, is false, erroneous or misleading in any material respect; (xi) if this Note or any guarantee executed by any Obligor is secured, the failure of any Obligor to provide the Bank with additional collateral if in the Bank's opinion at any time or times, the market value of any of the collateral securing this Note or any guarantee has depreciated below that required pursuant to the Loan Documents or, if no specific value is so required, then in an amount deemed material by the Bank; (xii) the revocation or attempted revocation, in whole or in part, of any guarantee by any Obligor; or (xiii) the death, incarceration, indictment or legal incompetency of any individual Obligor or,' if any Obligor a partnership or limited liability company, the death, incarceration, indictment or legal incompetency of any individual general partner or member. As used herein, the term "Obligor" means any Borrower and any guarantor of, or any pledgor, mortgagor or other person or entity providing collateral support for, the Borrower's obligations to the Bank existing on the date of this Note or arising in the future. -2- Form 8E — DE & PA (CO.n Rev. 1/02 (Page 3 of 5) Upon the occurrence of an Event of Default: (a) the Bank shall be under no further obligation to make advances hereunder; (b) if an Event of Default specified in clause (iii) or (iv) above shall occur, the outstanding principal balance and accrued interest hereunder together with any additional amounts payable hereunder shall be immediately due and payable without demand or notice of any kind; (c) if any other Event of Default shall occur, the outstanding principal balance and accrued interest hereunder together with any additional amounts payable hereunder, at the Bank's option and without demand or notice of any kind, may be accelerated and become immediately due and payable; (d) at the Bank's option, this Note will bear interest at the Default Rate from the date of the occurrence of the Event of Default; and (e) the Bank may exercise from time to time any of the rights and remedies available under the Loan Documents or under applicable law. S. Power to Confess Judgment The Borrower hereby empowers any attorney of any court of record, after the occurrence of any Event of Default hereunder, to appear for the Borrower and, with or without complaint filed, confess judgment, or a series of judgments, against the Borrower in favor of the Bank or any holder her for the entire principal balance of this Note, all accrued interest and all other amounts due hereunder, together with costs of suit and an attorney's commission of the greater of 10% of such principal and interest or $1,000 added as a reasonable attorney's fee, and for doing so, this Note or a copy verified by affidavit shall be a sufficient warrant. The Borrower hereby forever waives and releases all errors in said proceedings and all rights of appeal and all relief from any and all appraisement, stay or exemption laws of any state now in force or hereafter enacted. Interest on any such judgment shall accrue at the Default Rate. No single exercise of the foregoing power to confess judgment, or a series of judgments, shall be deemed to exhaust the power, whether or not any such exercise shall be held by any court to be invalid, voidable, or void, but the power shall continue undiminished and it may be exercised from time to time as often as the Bank shall elect until such time as the Bank shall have received payment in full of the debt, interest and costs. Notwithstanding the attorney's commission provided for in the preceding paragraph (which is included in the warrant for purposes of establishing a sum certain), the amount of attorneys' fees that the Bank may recover from the Borrower shall not exceed the actual attorneys' fees incurred by the Bank. 9. Right of Setoff In addition to all liens upon and rights of setoff against the Borrower's money, securities or other property given to the Bank by law, the Bank shall have, with respect to the Borrower's obligations to the Bank under this Note and to the extent permitted by law, a contractual possessory security interest in and a contractual right of setoff against, and the Borrower hereby grants the Bank a security interest in, and hereby assigns, conveys, delivers, pledges and transfers to the Bank, all of the Borrower's right, title and interest in and to, all of the Borrower's deposits, moneys, securities and other property now or hereafter in the possession of or on deposit with, or in transit to, the Bank or any other direct or indirect subsidiary of The PNC Financial Services Group, Inc., whether held in a general or special account or deposit, whether held jointly with someone else, or whether held for safekeeping or otherwise, excluding, however, all IRA, Keogh, and trust accounts. Every such security interest and right of setoff may be exercised without demand upon or notice to the Borrower, Every such right of setoff shall be deemed to have been exercised immediately upon the occurrence of.an Event of Default hereunder without any action of the Bank, although the Bank may enter such setoff' on its books and records at a later time. 10. Indemnity The Borrower agrees to indemnify each of the Bank, each legal entity, if any, who controls, is controlled by or is under common control with the Bank, and each of their respective directors, officers and employees (the "Indemnified Parties "), and to hold each Indemnified Party harmless from and against any and all claims, damages, losses, liabilities and expenses (including all fees and charges of internal or external counsel with whom any Indemnified Party may consult and all expenses of litigation and preparation therefor) which any Indemnified Party may incur or which may be asserted against any Indemnified Party by any person, entity or governmental authority (including any person or entity claiming derivatively on behalf of the Borrower), in connection with or arising out of or relating to the matters referred to in this Note or in the other Loan Documents or the use of any advance hereunder, whether (a) arising from or incurred in connection with any breach of a representation, warranty or covenant by the Borrower, or (b) arising out of or resulting from any suit, action, -3- Form BE - DE & PA (CO.n Rev. 1/02 (Page 4 of 5) claim, proceeding or governmental investigation, pending or threatened, whether based on statute, regulation or order, or tort, or contract or otherwise, before any court or governmental authority; provided„ however that the foregoing indemnity agreement shall not apply to any claims, damages, losses, liabilities and expenses solely attributable to an Indemnified Party's gross negligence or willful misconduct. The indemnity agreement contained in this Section shall survive the termination of this Note, payment of any advance hereunder and the assignment of any rights hereunder. The Borrower may participate at its expense in the defense of any such action or claim. 11. Miscellaneous All notices, demands, requests, consents, approvals and other communications required or permitted hereunder ( "Notices ") must be in writing (except as may be agreed otherwise above with respect to borrowing requests) and will be effective upon receipt. Notices may be given in any manner to which the parties may separately agree, including electronic mail. Without limiting the foregoing, first -class mail, facsimile transmission and commercial courier service are hereby agreed to as acceptable methods for giving Notices. Regardless of the manner in which provided, Notices may be sent to a party's address as set forth above or to such other address as any party may give to the other for such purpose in accordance with this paragraph. No delay or omission on the Bank's part to exercise any right or power arising hereunder will impair any such right or power or be considered a waiver of any such right or power, nor will the Bank's action or inaction impair any such right or power. The Bank's rights and remedies hereunder are cumulative and not exclusive of any other rights or remedies which the Bank may have under other agreements, at law or in equity. No modification, amendment or waiver of, or consent to any departure by the Borrower from, any provision of this Note will be effective unless made in a writing signed by the Bank, and then such waiver or consent shall be effective only in the specific instance and for the purpose for which given. The Borrower agrees to pay on demand, to the extent permitted by law, all costs and expenses incurred by the Bank in the enforcement of its rights in this Note and in any security therefor, including without limitation reasonable fees and expenses of the Bank's counsel. If any provision of this Note is found to be invalid, illegal or unenforceable in any respect by a court, all the other provisions of this Note will remain in full force and effect. The Borrower and all other makers and indorsers of this Note hereby forever waive presentment, protest, notice of dishonor and notice of non - payment. The Borrower also waives all defenses based on suretyship or impairment of collateral. If this Note is executed by more than one Borrower, the obligations of such persons or entities hereunder will be joint and several. This Note shall bind the Borrower and its heirs, executors, administrators, successors and assigns, and the benefits hereof shall inure to the benefit of the Bank and its successors and assigns; provided however, that the Borrower may not assign this Note in whole or in part without the Bank's written consent and the Bank at any time may assign this Note in whole or in part. This Note has been delivered to and accepted by the Bank and will be deemed to be made in the State where the Bank's office indicated above is located. THIS NOTE WILL BE INTERPRETED AND THE RIGHTS AND LIABILITIES OF THE BANK AND THE BORROWER DETERMINED IN ACCORDANCE WITH THE LAWS OF THE STATE WHERE THE BANK'S OFFICE INDICATED ABOVE IS LOCATED, EXCLUDING ITS CONFLICT OF LAWS RULES. The Borrower hereby irrevocably consents to the exclusive jurisdiction of any state or federal court in the county or judicial district where the Bank's office indicated above is located; provided that nothing contained in this Note will prevent the Bank from bringing any action, enforcing any award or judgment or exercising any rights against the Borrower individually, against any security or against any property of the Borrower within any other county, state or other foreign or domestic jurisdiction. The Borrower acknowledges and agrees that the venue provided above is the most convenient forum for both the Bank and the Borrower. The Borrower waives any objection to venue and any objection based on a more convenient forum in any action instituted under this Note. 12. Authorization to Obtain Credit Reports. By signing below, each Borrower who is an individual provides written authorization to the Bank or its designee (and any assignee or potential assignee hereof) to obtain the Borrower's personal credit profile from one or more national credit bureaus. Such authorization shall extend to obtaining a credit profile in considering this Note and subsequently for the purposes of update, renewal or extension of such credit or additional credit and for reviewing or collecting the resulting account. -4- Form 8E — DE & PA (CO,n Rev. 1102 (Page 5 of 5) 13. WAIVER OF JURY TRIAL THE BORROWER IRREVOCABLY WAIVES ANY AND ALL RIGHTS THE BORROWER MAY HAVE TO A TRIAL BY JURY IN ANY ACTION, PROCEEDING OR CLAIM OF ANY NATURE RELATING TO THIS NOTE, ANY DOCUMENTS EXECUTED IN CONNECTION WITH THIS NOTE OR ANY TRANSACTION CONTEMPLATED IN ANY OF SUCH DOCUMEN'T'S. THE BORROWER ACKNOWLEDGESAMAT -THE x FOREGOING WAIVER IS KNOWING AND VOLUNTARY. The Borrower acknowledges that it has read and understood all the provisions of this Note, including the confession of judgment and waiver of jury trial, and has been advised by counsel as necessary or appropriate. WITNESS the due execution hereof as a document under seal, as of the date first written above, with the intent to be legally bound hereby. WITNESS / ATTEST: COURTNEY VENTURES, LP By Courtney Ventures, LLC General Partner �. Ct By U. Robert C. Bales (SEAL) Print Name: zJ - 01C_C Member Courtney]2 -o5.sc ;r I -5- Form 8E — DE & PA (COJ) Rev. 1/02 EXHIBIT "B" (Page 1 of 6) ' O . V Guaranty and Suretyship PNCBANG Agreement THIS GUARANTY AND SURETYSHIP AGREEMENT (this "Guaranty") is made and entered into as of this 22' day of December, 2005, by ROBERT C. BALES (the "Guarantor"), with an address at 41 Kelly Drive, Carlisle, PA 17013, in consideration of the extension of credit by PNC BANK, NATIONAL ASSOCIATION (the "Bank "), with an address at 4242 Carlisle Pike, Camp Hill, PA 17011, to COURTNEY VENTURES, LP, a Pennsylvania limited partnership (the "Borrower "), and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged. 1. Guaranty of Obligations The Guarantor hereby unconditionally guarantees, as a primary obligor, and becomes surety for, the prompt payment and performance of all loans, advances, debts, liabilities, obligations, covenants and duties owing by the Borrower to the Bank or to any other direct or indirect subsidiary of The PNC Financial Services Group, Inc., of any kind or nature, present or future (including any interest accruing thereon after maturity, or after the filing of any petition in bankruptcy, or the commencement of any insolvency, reorganization or like proceeding relating to the Borrower, whether or not a claim for post- filing or post - petition interest is allowed in such proceeding), whether direct or indirect (including those acquired by assignment or participation), absolute or contingent, joint or several, due or to become due, now existing or hereafter arising, whether or not (i) evidenced by any note, guaranty or other instrument, (ii) arising under any agreement, instrument or document, (iii) for the payment of money, (iv) arising by reason of an extension of credit, opening of a letter of credit, loan, equipment lease or guarantee, (v) under any interest or currency swap, future, option or other interest rate protection or similar agreement, (vi) under or by reason of any foreign currency transaction, forward, option or other similar transaction providing for the purchase of one currency in exchange for the sale of another currency, or in any other manner, or (vii) arising out of overdrafts on deposit or other accounts or out of electronic funds transfers (whether by wire transfer or through automated clearing houses or otherwise) or out of the return unpaid of, or other failure of the Bank to receive final payment for, any check, item, instrument, payment order or other deposit or credit to a deposit or other account, or out of the Bank's non - receipt of or inability to collect funds or otherwise not being made whole in connection with depository or other similar arrangements; and any amendments, extensions, renewals and increases of or to any of the foregoing, and all costs and expenses of the Bank incurred in the documentation, negotiation, modification, enforcement, collection and otherwise in connection with any of the foregoing, including reasonable attorneys' fees and expenses (hereinafter referred to collectively as the "Obligations "). If the Borrower defaults under any such Obligations, the Guarantor will pay the amount due to the Bank. 2. Nature of Guaranty; Waivers This is a guaranty of payment and not of collection and the Bank shall not be required, as a condition of the Guarantor's liability, to make any demand upon or to pursue any of its rights against the Borrower, or to pursue any rights which may be available to it with respect to any other person who may be liable for the payment of the Obligations. This is an absolute, unconditional, irrevocable and continuing guaranty and will remain in full force and effect until all of the Obligations have been indefeasibly paid in full, and the Bank has terminated this Guaranty. This Guaranty will remain in full force and effect even if there is no principal balance outstanding under the Obligations at a particular time or from time to time. This Guaranty will not be affected by any surrender, exchange, acceptance, compromise or release by the Bank of any other party, or any other guaranty or. any security held by it for any of the Obligations, by any failure of the Bank to take any steps to perfect or maintain its lien or security interest in or to preserve its rights to any security or other collateral for any of the Obligations or any guaranty, or by any irregularity, unenforceability or invalidity of any of the Obligations or any part thereof or any security or other guaranty thereof. The Guarantor's obligations hereunder shall not be affected, modified or Form 9A — DE & PA (CO.>) Rev. 1/02 (Page 2 of 6) impaired by any counterclaim, set -off, reeoupment, deduction or defense based upon any claim the Guarantor may have (directly or indirectly) against the Borrower or the Bank, except payment or performance of the Obligations. Notice of acceptance of this Guaranty, notice of extensions of credit to the Borrower from time to time, notice of default, diligence, presentment, notice of dishonor, protest, demand 05i payment; arM defense based upon the Bank's failure to comply with the notice requirements under Sections 9-611 and 9 -612 of the Uniform Commercial Code as in effect from time to time are hereby waived. The Guarantor waives all defenses based on suretyship or impairment of collateral. The Bank at any time and from time to time, without notice to or the consent of the Guarantor, and without impairing or releasing, discharging or modifying the Guarantor's liabilities hereunder, may (a) change the manner, place, time or terms of payment or performance of or interest rates on, or other terms relating to, any of the Obligations; (b) renew, substitute, modify, amend or alter, or grant consents or waivers relating to any of the Obligations, any other guaranties, or any security for any Obligations or guaranties; (c) apply any and all payments by whomever paid or however realized including any proceeds of any collateral, to any Obligations of the Borrower in such order, manner and amount as the Bank may determine in its sole discretion; (d) settle, compromise or deal with any other person, including the Borrower or the Guarantor, with respect to any Obligations in such manner as the Bank deems appropriate in its sole discretion; (e) substitute, exchange or release any security or guaranty; or (f) take such actions and exercise such remedies hereunder as provided herein. 3. Repayments or Recovery from the Bank If any demand is made at any time upon the Bank for the repayment or recovery of any amount received by it in payment or on account of any of the Obligations and if the Bank repays all or any part of such amount by reason of any judgment, decree or order of any court or administrative body or by reason of any settlement or compromise of any such demand, the Guarantor will be and remain liable hereunder for the amount so repaid or recovered to the same extent as if such amount had never been received originally by the Bank. The provisions of this section will be an remain effective notwithstanding any contrary action which may have been taken by the Guarantor in reliance such payment, and any such contrary action so taken will be without prejudice to the Bank's rights hereunder and will be deemed to have been conditioned upon such payment having become final and irrevocable. 4. Financial Statements Unless compliance is waived in writing by the Bank or until all of the Obligations have been paid in full, the Guarantor will promptly submit to the Bank such information relating to the Guarantor's affairs (including but not limited to annual financial statements and tax returns for the Guarantor) or any security for the Guaranty as the Bank may reasonably request. 5. Enforceability of Obligations. No modification, limitation or discharge of the Obligations arising out of or virtue of any bankruptcy, reorganization or similar proceeding for reI of of debtors under federal or state law will affect, modify, limit or discharge the Guarantor's liability in any manner whatsoever and this Guaranty will remain and continue in full force and effect and will be enforceable against the Guarantor to the same extent and with the same force and effect as if any such proceeding had not been instituted. The Guarantor waives all rights and benefits which might accrue to it by reason of any such proceeding and will be liable to the full extent hereunder, irrespective of any modification, limitation or discharge of the liability of the Borrower that may result from any such proceeding. 6. Events of Default The occurrence of any of the following shall be an "Event of Default": (i) any Event of Default (as defined in any of the Obligations); (ii) any default under any of the Obiigations that does not have a defined set of "Events of Default" and the lapse of any notice or cure perriod provided in such Obligations with respect to such default; (iii) demand by the Bank under any of the Obligations that have a demand feature; (iv) the Guarantor's failure to perform any of its obligations hereunder, (v) the falsity, inaccuracy or material breach by the Guarantor of any written warranty, representation or statement made or furnished to the Bank by or on behalf of the Guarantor; or (vi) the termination or attempted termination of this Guaranty. Upon the occurrence of any Event of Default, (a) the Guarantor shall pay to the Bank the amount of the Obligations; or (b) -2- Form 9A — DE & PA (COJ) Rev. 1102 (Page 3 of 6) on demand of the Bank, the Guarantor shall immediately deposit with the Bank, in U.S. dollars, all amounts due or to become due under the Obligations, and the Bank may at any time use sucWfunds to repay the Obligations; or (c) the Bank in its discretion may exercise with respect to any collateral any one or more of the rights and remedies provided a secured party under the applicable version of the Uniform Commercial Code; or (d) the Bank in its discretion may exercise from time to time any other rights and remedies available to it at law, in equity or otherwise. 7. Right of Setoff In addition to all liens upon and rights of setoff against the Guarantor's money, securities or other property given to the Bank by law, the Bank shall have, with respect to the Guarantor's obligations to the Bank under this Guaranty and to the extent permitted by law, a contractual possessory security interest in and a contractual right of setoff against, and the Guarantor hereby grants Bank a security interest in, and hereby assigns, conveys, delivers, pledges and transfers to the Bank all of the Guarantor's right, title and interest in and to, all of the Guarantor's deposits, moneys, securities and other property now or hereafter in the possession of or on deposit with, Or in transit to, the Bank or any other direct or indirect subsidiary of The PNC Financial Services Group, Inc., whether held in a general or special account or deposit, whether held jointly with someone else, or whether held for safekeeping or otherwise, excluding, however, all IRA, Keogh, and trust accounts. Every such security interest and right of setoff may be exercised without demand upon or notice to the Guarantor. Every such right of setoff shall be deemed to have been exercised immediately upon the occurrence of an Event of Default hereunder without any action of the Bank, although the Bank may enter such setoff on its books and records at a later time. S. Collateral This Guaranty is secured by the property described in any collateral security documents which the Guarantor executes and delivers to the Bank and by such other collateral as previously may have been or may in the future be granted to the Bank to secure any Obligations of the G.ua'rantor to the Bank. 9. Costs To the extent that the Bank incurs any costs or expenses in protecting or enforcing its rights under the Obligations or this Guaranty, including reasonable attorneys' fees and the costs and expenses of litigation, such costs and expenses will be due on demand, will be included in the Obligations and will bear interest from the incurring or payment thereof at the Default Rate (as defined in any of the Obligations), 10. Postponement of Subrogation Until the Obligations are indefeasibly paid in full, expire, are terminated and are not subject to any right of revocation or rescission, the Guarantor postpones and subordinates in favor of the Bank or its designee (and any assignee or potential assignee) any and all rights which the Guarantor may have to (a) assert any claim whatsoever against the Borrower based on subrogation, exoneration, reimbursement, or indemnity or any right of recourse to security for the OQations with respect to payments made hereunder, and (b) any realization on any property of the Borrower, including participation in any marshalling of the Borrower's assets. 11. Power to Confess Judgment The Guarantor hereby empowers any attorney of any court of record, after the occurrence of any Event of Default hereunder, to appear for the Guarantor and, with or without complaint filed, confess judgment, or a series of judgments, against the Guarantor in favor of the Bank for the amount of the Obligations and an attorney's commission of the greater of 10% of such principal and interest or $1,000 added as a reasonable attorney's fee, and for doing so, this Guaranty or a copy verified by affidavit shall be a sufficient warrant. The Guarantor hereby forever waives and releases all errors in said proceedings and all rights of appeal and all relief from any and all appralsement, stay or exemption laws of any state now in force or hereafter enacted. No single exercise of the foregoing power to confess judgment, or a series of judgments, shall be deemed to exhaust the power, whether or not any such exercise shall be held by any court to be invalid, voidable, or void, but the power shall continue undiminished and it may be exercised from time to time as often as the Bank shall elect until such time as the Bank shall have received payment in full of the Obligations and costs. Notwithstanding the attorney's commission provided for in the preceding 1 -3- Form 9A — DE & PA (Mf Rev. 1/02 (Page 4 of 6) paragraph (which is included in the warrant for purposes of establishing a sum certain), the amount of attorneys' fees that the Bank may recover from the Guarantor shall not exceed the actual attorneys' fees incurred by the Bank. 12. Notices All notices, demands, requests, consents, approvals and other communications required or permitted hereunder ( "Notices ") must be in writing and will be effective upon receipt. Notices may be given in any manner to which the Bank and the Guarantor may separately agree, including electronic mail. Without limiting the foregoing, first -class mail, facsimile transmission and commercial courier service are hereby agreed to as acceptable methods for giving Notices. Regardless of the manner in which provided, Notices may be sent to addresses for the Bank and the Guarantor as set forth above or to such other address as either may give to the other for such purpose in accordance with this section. 13. Preservation of Rights No delay or omission on the Bank's part to exercise any right or power arising hereunder will impair any such right or power or be considered a waiver of any such right or power, nor will the Bank's action or inaction impair any such right or power. The Bank's rights and remedies hereunder are cumulative and not exclusive of any other rights or remedies which the Bank may have under other agreements, at law or in equity. The Bank may proceed in any order against the Borrower, the Guarantor or any other obligor of, or collateral securing, the Obligations. 14. Inlegality. If any provision contained in this Guaranty should be invalid, illegal or unenforceable in any respect, it shall not affect or impair the validity, legality and enforceability of the remaining provisions of this Guaranty. 15. Changes in Writing No modification, amendment or waiver of, or consent to any departure by the Guarantor from, any provision of this Guaranty will be effective unless made in a writing signed by the Bank, and then such waiver or consent shall be effective only in the specific instance and for the purpose for which given. No notice to or demand on the Guarantor will entitle the Guarantor to any other or further notice or demand in the same, similar or other circumstance. 16. Entire Agreement This Guaranty (including the documents and instruments referred to herein) constitutes the entire agreement and supersedes all other prior agreements and understandiggs, both written and oral, between the Guarantor and the Bank with respect to the subject matter hereof; provided, however, that this Guaranty is in addition to, and not in substitution for, any other guarantees from the Guarantor to the Bank. 17. Successors and Assigns This Guaranty will be binding upon and inure to the benefit of the Guarantor and the Bank and their respective heirs, executors, administrators, successors and assigns; provided, however, that the Guarantor may not assign this Guaranty in whole or in part without the Bank's prior written consent and the Bank at any time may assign this Guaranty in whole or in part. 18. Interpretation In this Guaranty, unless the Bank and the Guarantor otherwise agree in writing, the singular includes the plural and the plural the singular; references to statutes are to be construed as including all statutory provisions consolidating, amending or replacing the statute referred to; the word "or" shall be.deemed to include "and/or", the words "including ", "includes" and "include" shall be deemed to be followed by the words "without limitation"; and references to sections or exhibits are to those of this Guaranty. Section headings in this Guaranty are included for convenience of reference only and shall not constitute a part of this Guaranty for any other purpose. If this Guaranty is executed by more than one party as Guarantor, the obligations of such persons or entities will be joint and several. 19. Indemnity The Guarantor agrees to indemnify each of the Bank, each legal entity, if any, who controls the Bank and each of their respective directors, officers and employees (the "Indemnified Parties"), and to hold each Indemnified Party harmless from and against, any and all claims, damages, losses, liabilities and expenses (including all fees and charges of internal or external counsel with whom any Indemnified Party may -4- Form 9A — DE & PA (COJ) Rev. 1/02 (Page 5 of 6) consult and all expenses of litigation and preparation therefor) which any Indemnified Party may incur or which may be asserted against any Indemnified Party by any person, entity or governmental authority (including any person or entity claiming derivatively on behalf of the Guarantor), in connection with or arising out of or relating to the matters referred to in this Guaranty, whether (a) arising from or incurred in connection with any breach of a representation, warranty or covenant by the Guarantor, or (b) arising out of or resulting from any suit, action, claim, proceeding or governmental investigation, pending or threatened, whether based on statute, regulation or order, or tort, or contract or otherwise, before any court or governmental authority; provided, however that the foregoing indemnity agreement shall not apply to any claims, damages, losses, liabilities and expenses solely attributable to an Indemnified Party's gross negligence or willful misconduct. The indemnity agreement contained in this Section shall survive the termination of this Guaranty and assignment of any rights hereunder. The Guarantor may participate at its expense in the defense of any such claim. 20. Governing Law and Jurisdiction This Guaranty has been delivered to and accepted by the Bank and will be deemed to be made in the State where the Bank's office indicated above is located. THIS GUARANTY WILL BE INTERPRETED AND THE RIGHTS AND LIABILITIES OF THE BANK AND THE GUARANTOR DETERMINED IN ACCORDANCE WITH THE LAWS OF THE STATE WHERE THE BANK'S OFFICE INDICATED ABOVE IS LOCATED, EXCLUDING ITS CONFLICT OF LAWS RULES. The Guarantor hereby irrevocably consents to the exclusive jurisdiction of any state or federal court in the county or judicial district where the Bank's office indicated above is located; provided that nothing contained in this Guaranty will prevent the Bank from bringing any action, enforcing any award or judgment or exercising any rights against the Guarantor individually, against any security or against any property of the Guarantor within any other county, state or other foreign or domestic jurisdiction. The Guarantor acknowledges and agrees that the venue provided ab ove is the most convenient forum for both the Bank and the Guarantor. The Guarantor waives any objection to venue and any objection based on a more convenient forum in any action instituted under this Guaranty. 21. Equal Credit Opportunity Act If the Guarantor is not an "applicant for credit" under Section 202.2 (e) of the Equal Credit Opportunity Act of 1974 ( "ECOA "), the Guarantor acknowledges that (i) this Guaranty has been executed to provide credit support for the Obligations, and (ii) the Guarantor was not required to execute this Guaranty in violation of Section 202.7(d) of the ECOA. 22. Authorization to Obtain Credit Relports. By signing below, each Guarantor who is an individual provides written authorization to the Bank or its designee (and any assignee or potential assignee) to obtain the Guarantor's personal credit profile from one or more national credit bureaus. Such authorization shall extend to obtaining a credit profile in considering this Guaranty and subsequently for the purposes of update, renewal or extension of such credit or additional credit and for reviewing or collecting the resulting account. I r ; -5- Fo m 9A — DE & PA (COJ) Rev. 1/02 (Page 6 of 6) 23. WAIVER OF JURY TRIAL THE GUARANTOR IRREVOCABLY WAIVES ANY AND ALL RIGHT THE GUARANTOR MAY HAVE TO A TRIAL BY JURY IN ANY ACTION, PROCEEDING OR CLAIM OF ANY NATURE RELATING TO THIS GUARANTY, ANY DOCUMENTS EXECUTED IN CONNECTION WITH THIS GUARANTY OR ANY TRANSACTION CONTEMPLATED IN ANY OF SUCH DOCUMENTS. THE GUARANTOR ACKNOWLEDGES THAT y ' + THE FOREGOING WAIVER IS KNOWING AND VOLUNTARY. The Guarantor acknowledges that it has read and understood all the provisions of this Guaranty, including the confession of judgment and waiver of jury trial, and has been advised by counsel as necessary or appropriate. WITNESS the due execution hereof as a document under seal, as of the date first written above, with the intent to be legally bound hereby. WITNESS / ATTEST: ,p Robert C. Bales (SEAL) Print Name: O n bniesl2 -05.se -6- Form 9A — DE & PA (COJ) Rev. 1/02 UNRUH, TURNER, BURKE & FREES, P.C. ATTORNEYS FOR PLAINTIFF BY: JOHN K. FIORILLO, ESQUIRE ATTORNEY I.D. No. 55658 P.O. Box 515 WEST CHESTER, PA 19381 -0515 610 - 692 -1371 PNC BANK, NATIONAL ASSOCIATION IN THE COURT OF COMMON PLEAS 4242 Carlisle Pike Camp Hill PA 17011 CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff CIVIL ACTION - LAW VS. 11 / ROBERT C. BALES NO L I 398 Howard's Knob Road Boone, NC 28607 Defendant AFFIDAVIT OF MICHAEL FINA COMMONWEALTH OF PENNSYLVANIA Lcknco.� SS. COUNTY OF C-HM BPRT ; MICHAEL FINA, being duly sworn according to law deposes and says that he is a Vice President of PNC Bank, N.A.; that he is authorized to make this affidavit and that the facts set forth in the foregoing Complaint for 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. r MI AEK FINA SWORN TO and SUBSCRIBED before me this day of , 2014. eoMMOruw, '-- � 1 - 1 OF PENNSYLVANIA Notarial Seal Connie i3wer, Notary public Manheim Twp•, Lancaster coup NOTARY PUBLIC My Commission EVres Jan 31 201 MEMBER, PENNSYLVANIA lI0N OF NOTA{uES UNRUH, TURNER, BURKE & FREES, P.C. ATTORNEYS FOR PLAINTIFF BY: JOHN K. FIORILLO, ESQUIRE ATTORNEY I.D. No. 55658 P.O. Box 515 WEST CHESTER, PA 19381 -0515 610- 692 -1371 PNC BANK, NATIONAL ASSOCIATION IN THE COURT OF COMMON PLEAS 4242 Carlisle Pike Camp Hill, PA 17011 CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff CIVIL ACTION - LAW VS. / ROBERT C. BALES No. _( 398 Howard's Knob Road Boone, NC 28607 Defendant AFFIDAVIT OF DEFAULT COMMONWEALTH OF PENNSYLVANIA : SS. COUNTY OF(GUMBERt , D MICHAEL FINA, being duly sworn according to law deposes and says that he is a Vice President of PNC Bank, N.A.; that he is authorized to make this affidavit and that the Defendants are in default under the terms of the instruments attached to the Complaint in Confession of Judgment as Exhibit `B" in that payment has not been made to Plaintiff in accordance with the terms thereof, as a result of which the amount of $440,457.17 plus interest from April 3, 2014 at the per diem rate of $44.48 is due and owing. . r SWORN TO and SUBSgRIBED MIC FIN before me this IZ4 day of -A- on 12014. eoMMoNw EALTH OF 1PENNSYLVANIA Connie Bixler ai Seal �- N Manheim Tw ' o�ry Public NOTARY PUBLIC My Comm P. , Lancaster Courny MEMBER. PE NNSYLVANIA ASS Jan 31, 2016 A77ON OF NOTMES UNRUH, TURNER, BURKE & FREES, P.C. ATTORNEYS FOR PLAINTIFF BY: JOHN K. FIORILLO, ESQUIRE ATTORNEY I.D. No. 55658 P.O. Box 515 WEST CHESTER, PA 19381 -0515 610- 692 -1371 PNC BANK, NATIONAL ASSOCIATION IN THE COURT OF COMMON PLEAS 4242 Carlisle Pike Camp Hill, PA 17011 CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff CIVIL ACTION - LAW vs. No. I y� s Cr�v ROBERT C. BALES 398 Howard's Knob Road Boone, NC 28607 Defendant : AFFIDAVIT OF BUSINESS TRANSACTION COMMONWEALTH OF PENNSYLVANIA Ica SS. COUNTY OF<C -fc L 1D MICHAEL FINA, being duly sworn according to law deposes and says that he is a Vice President of PNC Bank, N.A.; that he is authorized to make this affidavit and that this is not an action by a seller, holder or assignee arising out of a retail installment sale, contract or account and that the transactions upon which the judgment being entered is based were business transactions and were not entered into for family, personal or resid tia 'pu ses. MI EL F A SWORN TO and SUBSCRIBED before me this /' " day of '� , 2014.^ COMMONWEAL fiFI OF PENNSYLVANIA Notarial Seal Connie Blxier, Notary public Manheim Twp., Lancaster county NOTARY PUBLIC My commission Expires Jan. 31, 2016 MEMBER, PENNSYLVANIA ASiOCdATION OF NOTARIES UNRUH, TURNER, BURKE cot FREES, P.C. ATTORNEYS FOR PLAINTIFF BY: JOHN K . FIORILLO, ESQUIRE ATTORNEY I.D. No. 55658 P.O. Box 515 WEST CHESTER, PA 19381 -0515 610- 692 -1371 PNC BANK, NATIONAL ASSOCIATION IN THE COURT OF COMMON PLEAS 4242 Carlisle Pike Camp Hill, PA 17011 CUMBERLAND COUNTY PENNSYLVANIA Plaintiff CIVIL ACTION - LAW vs. ROBERT C. BALES No 398 Howard's Knob Road Boone, NC 28607 Defendant : AFFIDAVIT OF INCOME COMMONWEALTH OF PENNSYLVANIA � +e—sr SS COUNTY OF MICHAEL FINA, being duly sworn according to law deposes and says that he is a Vice President of PNC Bank, N.A.; that he is authorized to make this affidavit and that upon information and belief, states that the income of the individual Defendant, Robert C. Bales at the time of the transaction exceeded $10,000.00 per year SWORN and SUBSCRIBED before me this �Otlay of i 1 1 2014. NOTARY PUBLIC MICHAEL F COMMON O PENN SYLVMIIA Notarial = Connie sixler, N Manheim TwP., La MY Commission Expi MEMBER, PENNSYLVANIA ASSaATION OF NOTARIES UNRUH, TURNER, BURKE & FREES, P.C. ATTORNEYS FOR PLAINTIFF BY: JOHN K. FIORILLO, ESQUIRE ATTORNEY I.D. No. 55658 P.O. Box 515 WEST CHESTER PA 19381 -0515 610- 692 -1371 PNC BANK, NATIONAL ASSOCIATION IN THE COURT OF COMMON PLEAS 4242 Carlisle Pike Camp Hill PA 17011 CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff CIVIL ACTION -LAW VS. No. ROBERT C. BALES 398 Howard's Knob Road Boone, NC 28607 Defendant AFFIDAVIT OF NON - MILITARY SERVICE COMMONWEALTH OF PENNSYLVANIA L�nCCS�e� ss. COUNTY OF MICHAEL FINA, being duly sworn according to law deposes and says that he is a Vice President of PNC Bank, N.A.; that he is authorized to make this affidavit and that to the best of his knowledge, information and belief, the above -named defendant is not in the military or naval service of the United States or its allies or otherwise within the provisions of the Soldiers and Sailors Civil Relief Act of 1940 and/or its amendments; and that the last known address of the above -named individual defendant is as follows: ROBERT C. BALES 398 Howard's Knob Road Boone, NC 28607 liy SWORN TO and SUBSCRIBED MICHAEL F A before me #iis YfJ'hh day of it ' , 2014.. COMMONWEALTH OF PENNSYLVANIA Notarial Seal Connie I31xler, Notary Pudic Manheim Twp., Lancaster County OTARY PUBLIC My Commission Expires ]an 31, 2016 MEMBER, PENNSYLVANIA ASSOCIATION OF NOTARIES UNRUH, TURNER, BURKE &ti FREES, P.C. ATTORNEYS FOR PLAINTIFF BY: JOHN K. FIORILLO, ESQUIRE ATTORNEY I.D. No. 55658 P.O. Box 515 WEST CHESTER, PA 19381 -0515 610- 692 -1371 PNC BANK, NATIONAL ASSOCIATION IN THE COURT OF COMMON PLEAS 4242 Carlisle Pike Camp Hill PA 17011 CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff CIVIL ACTION - LAW VS. ROBERT C. BALES No. �- 398 Howard's Knob Road Boone, NC 28607 Defendant : AFFIDAVIT OF ADDRESSES COMMONWEALTH OF PENNSYLVANIA ASS -YXca� ss. COUNTY OF <C- MB €TU7?� NH MICHAEL FINA, being duly sworn according to law deposes and says that he is a Vice President of PNC Bank, N.A.; that he is authorized to make this affidavit and that the addresses of the Plaintiff and Defendant are as follows: Plaintiff Defendant PNC Bank, N.A. Robert C. Bales 4242 Carlisle Pike 398 Howard's Knob Road Camp Hill, PA 17011 Boone, NC 6 v�— SWORN TO and SUBS RIBED MICHAEL A before me this day Of - , 2014• ^ COMMONWEALTH OF PENNSYLVANIA Notarial Seal Connie Bbder, Notary Public �� Manheim Twp., Lancaster County NOTARY PUBLIC My Commission Expires Jan. 31, 2016 MEMBER, PENNSYLVANIA ASSOCIATIM OF NOTARIES UNRUH, TURNER, BURKE & FREES, P.C. : ATTORNEYS FOR PLAINTIFF BY: JOHN K. FIORILLO, ESQUIRE ATTORNEY I.D. No. 55658 P.O. Box 515 WEST CHESTER, PA 19381 -0515 610 - 692 -1371 PNC BANK, NATIONAL ASSOCIATION IN THE COURT OF COMMON PLEAS 4242 Carlisle Pike Camp Hill, PA 17011 CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff CIVIL ACTION - LAW VS. nn r ROBERT C. BALES 398 Howard's Knob Road Boone, NC 28607 Defendant ; TO: ROBERT C. BALES 398 Howard's Knob Road Boone, NC 28607 NOTICE Pursuant to Rule 236 of the Supreme Court of Pennsylvania, you are hereby notified that a JUDGMENT BY CONFESSION has been entered against you in the above - captioned proceeding and that enclosed herewith is a copy of all the (records) documents filed in support of the said judgment. IF YOU HAVE ANY QUESTIONS CONCERNING THIS NOTICE, PLEASE CALL: ATTORNEY John K. Fiorillo Esquire at telephone number: (610 ) 692 -1371 DAVID D. BUELL, PROTHONOTARY Cumberland County, Penns is Dated: , 2014 w k UNRUH, TURNER, BURKE & FREES, P.C. BY: JOHN K. FIORILLO, ESQUIRE ATTORNEY I.D. No. 55658 P.O. Box 515 WEST CHESTER, PA 19381-0515 610-692-1371 PNC BANK, NATIONAL ASSOCIATION 4242 Carlisle Pike Camp Hill, PA 17011 vs. ROBERT C. BALES 398 Howard's Knob Road Boone, NC 28607 Plaintiff Defendant f~/ ire: ATTORNEYS FOR PLAINTIFF 2,94 JU /djk�+%0. cU��F < /0;410;.14, 4'4'44 Y� frga�f/ N/,4 T f- : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : No. 14-2552 CERTIFICATE OF SERVICE OF CONFESSION OF JUDGMENT AND NOTICE UNDER RULE 2958.1 I hereby certify that the Complaint in Confession of Judgment and Notice Under Rule 2958.1 were served on the Defendant, Robert C. Bales, on July 8, 2014 by a courier with New Jersey Lawyers Service in accordance with the Pa.R.C.P. 400.1(b). The original Affidavit of Service is attached hereto and made a part hereof as Exhibit "A". Respectfully submitted, UNRUH, TURNER, B & FREE Date: 70 By: John iorillo, E•quire orney for Plain ff, PNC P.O. Box 515 West Chester, PA 19381-0515 Attorney I.D. No. 55658 610-692-1371 nk, N.A. } New Jersey Lawyers Service 2333 U.S. Hwy 22 West Union, New Jersey 07083 JOB # 128229 908-686-7300 PLAINTIFF PNC BANK, NATIONAL ASSOCIATION VS. ROBERT C. BALES DEFENDANT FileRef# UNRUH TURNER BURKE & FREES MICHELLE CUSHMAN PO BOX 515 WEST CHESTER PA 19381 (610) 692-1371 Person served at location stated: ROBERT C. BALES DATAMOTION, INC. 200 PARK AVE. FLORHAM PARK NJ 07932 Served Successfully Not Served ❑ Date -• U Attempts: Delivered a copy to him/her personally NEW JERSEY LAWYERS SER VICE COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET 14-2552 AFFIDAVIT OF SERVICE Papers Served: COMPLAINT IN CONFESSION OF JUDGMENT AND NOTICE Left a copy with a competent household member over 14 years of age residing therein (indicate name relationship at right) Left a copy with a person authorized to accept service, e.g., managing agent, registered agent, etc. (indicate name official title at right) Description of Person Accepting Service: Sex: Age: Weight: I . Time Skin Color: ( !II pm Name of Person Served and relationship/title: Hair Color: ( ti Military Service I asked the person whether recipient was in active military service of the United States or the State of New Jersey in any activity whatever and received a negative reply. Recipient wore civilian clothes and no military uniform. The source of my information and the grounds of my belief are the conversation and observation above narrated. Subribed and Swo to th' da •f tary Si My JO NOTA 2014 ELYN TRIGUEROS PUBLIC OF NEW JERSEY mission Expires October 18, 2018 I adult not hay perjury that at the time of service a competent di ect interest ' e itigation. declare under penalty of _oing is t// an ►•rre• / / dr/(P' p Signature o = rocess Servic UNRUH, TURNER, B „ URKE & FREES, 's BY: JOHN K. FloRILLo, ESQUIRE ( ATTORNEY I.D. No. 55658 P.O. Box 515 WEST CHESTER, PA 19381-0515 610-692-1371 PNC BANK, NATIONAL ASSOCIATION 4242 Carlisle Pike Camp Hill, PA 17011 VS. ROBERT C. BALES 398 Howard's Knob Road Boone, NC 28607 Plaintiff Defendant : ATTORNEYS FOR PLAINTIFF : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : No, 14-2552 NOTICE UNDER RULE 2958.1 OF JUDGMENT AND EXECUTION THEREON NOTICE OF DEFENDANT'S RIGHTS Via Hand Delivery To: ROBERT C. BALES DataMotion, Inc. 200 Park Avenue F orhivin Park, -NJ 07932 A judgment in the amount of $440,457.17 has been entered against you and in favor of the Plaintiff without any prior notice or hearing based on a confession ofjudgment contained in a written agreement or other paper allegedly signed by you. The sheriff may take your money or other property to pay the judgment, at any time after thirty (30) days after the date on which this notice is served on you. You may have legal rights to defeat the judgment or to prevent your money or property from being taken. YOU MUST FILE A PETITION SEEKING RELIEF FROM THE JUDGMENT AND PRESENT IT TO A JUDGE WITHIN THIRTY (30) DAYS AFTER THE DATE ON WHICH THIS NOTICE IS SERVED ON YOU OR YOU MAY LOSE YOUR RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT