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HomeMy WebLinkAbout14-6300 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA THE HUNTINGTON NATIONAL BANK, CIVIL DIVISION Plaintiff, � •, (�vs. CASE NO.: —I� Soo � ZDROWIC, INC. Defendant. CONFESSION OF JUDGMENT Pursuant to the Warrant of Attorney contained in the Note, copies of which are attached to the Complaint filed in this action, I appear for the Defendant and confess judgment in favor of Plaintiff and against the Defendant as follows: Principal Balance $ 306,212.59 Interest to 10/22/14 3,865.57 Late Fees 366.23 Attorney's Fees (10%) 30,007.81 TOTAL $341,452.20 for a total of$341,452.20,plus interest in the amount of$49.49738 per day from October 22,2014, late fees, attorneys' fees and costs. METZ LEWIS BRODMAN MUST O'KEEFE LLC By: John . O'Keefe, Jr., Es it No. 36633 Kenneth C. Thiess, Esquire Pa I.D.No. 28083 Attorneys for Defendant,Pro Hac Vice 535 Smithfield Street, 8t"Floor Pittsburgh, PA 15222 (� f 0(/ 412-918-1100 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA THE HUNTINGTON NATIONAL BANK, CIVIL DIVISION Plaintiff, ` J � '� vs. CASE NO.: j / ZDROWIC, INC. Defendant. CIVIL ACTION—COMPLAINT IN CONFESSION OF JUDGMENT FILED ON BEHALF OF PLAINTIFF: THE HUNTINGTON NATIONAL BANK COUNSEL OF RECORD FOR THIS PARTY: John R. O'Keefe, Jr., Esquire Pa I.D. No. 36633 Kenneth C. Thiess, Esquire Pa I.D. No. 28083 I hereby certify that this Complaint in Confession of Judgment is being filed in METZ LEWIS BRODMAN MUST connection with a commercial credit O'KEEFE LLC transaction. 535 Smithfield Street, 8th Floor Pittsburgh, PA 15222 Metz Lewis Brodman Must O'Keefe LLC 412-918-1100 Atto eys for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA THE HUNTINGTON NATIONAL BANK, CIVIL DIVISION Plaintiff, vs. �bo CASE NO.: ZDROWIC, INC. Defendant. CIVIL ACTION- COMPLAINT IN CONFESSION OF JUDGMENT Plaintiff, The Huntington National Bank, by its attorneys, Metz Lewis Brodman Must O'Keefe LLC, files this Complaint in Confession of Judgment: 1. The Huntington National Bank is a financial institution having a business address of 2361 Morse Road,NC3W33, Columbus, OH 43229 (the "Plaintiff'). 2. Zdrowic, Inc. is a Pennsylvania corporation with a place of business at c/o Joshua Rosinski, 204 Brook Meadow Drive, Mechanicsburg, PA 71050 (the"Defendant"). 3. On July 31,2013 Defendant executed and delivered to Plaintiff a Promissory Note in the original principal amount of Three Hundred Thirty-one Thousand and no/100 Dollars ($331,000.00) (the "Note"). A true and correct copy of the Note is marked Exhibit"A," attached hereto and made a part hereof. 4. Defendant is in default under the terms of the Note for failing to make payment when due. 1 5. The Note executed by the Defendant contains a confession of judgment provision which,upon default, authorizes the entry of j udgment against the Defendant for the entire principal balance due under the Note all accrued interest, late charges and any and all amounts expended or advanced by Plaintiff relating to any collateral securing the indebtedness,together with costs of suit and an attorney's commission of ten percent (10%) of the unpaid principal balance and accrued interest for collection. 6. On October 15, 2014, the Plaintiff made demand upon the Defendant for payment pursuant to the terms of the Note;however,Defendant has failed and/or refused to make payment. A true and correct copy of the October 15, 2014 demand letter marked Exhibit`'B,"attached hereto and made a part hereof. 7. The Note has not been released, transferred or assigned. 8. Judgment has not been entered against the Defendant on the Note in any jurisdiction. 9. The underlying transaction relative to this Complaint in Confession of Judgment is a commercial transaction and judgment is not being entered by confession against a natural person in connection with a consumer credit transaction. 10. The itemization of the amount due Plaintiff in connection with the Note, including attorneys' fees authorized by the Note, is as follows: Principal Balance $ 306,212.59 Interest to 10/22/14 3,865.57 Late Fees 366.23 Attorney's Fees (10%) 31,007.81 TOTAL $341,452.20 2 for a total of$341,452.20,plus interest in the amount of$49.49738 per day from October 22,2014, late fees, attorneys' fees and costs. WHEREFORE,the Plaintiff,as authorized by the Warrant of Attorney contained in the Note, demands judgment against the Defendant in connection with the Note in the amount of$341,452.20, plus interest in the amount of$49.49738 per day from October 22, 2014, late fees, attorneys' fees and costs. Respectfully submitted, METZ LEWIS BRODMAN MUST O'KEEFE LLC By. John . O'Keefe, Jr., u e No. 36633 Kenneth C. Thiess, Esquire Pa I.D. No. 28083 Attorneys for The Huntington National Bank 535 Smithfield Street, 8t'Floor Pittsburgh, PA 15222 3 I EXHIBIT "A" PROMISSORY NOTE Pr/ncipal loan Date Maturity Loan No _. Call/Coll Account (7fficar . Initials 5331.,.000 ff0.. 07 3'i.-20'l3 US f35-.20�3.. References in the boxes above are for Lender's use only and do not limit thea licabilit of this document to an Any are above containing"••"^has been omitted due to text length limitations. y particular loan or item. Borrower: Zdrowic,Inc. 6301 Grayson Road Unit A-130 Lender: THE HUNTINGTON NATIONAL BANK Harrisburg,PA 17111 Pittsburgh Commercial Lending The Grant Building 310 Grant Street,4th Floor Pittsburgh,PA 15219 Principal Amount: $331,000.00 Initial Rate: 5.950% PROMISE TO PAY. Zdrowic.Inc.("Borrower")promises to pay to THE HUNTINGTON NATIONAL BANK Mender'),or or orrder,in lawful31m neeylof the United States of America, the principal amount of Three Hundred Thirty-one Thousand&00/100 Dollars ($331,000.00), together with interest on the unpaid principal balance from July 30,2013,until paid in full. PAYMENT. Subject to any payment changes resulting from changes in the Index,Borrower will pay this loan in 119 payments of$3,670.16 each payment and an irregular last payment estimated at$3,670.33. Borrower's first payment is due September 5,2013,and all subsequent payments are due on the same day of each month after that. Borrower's final payment will be due on August 5, 2023,and will be for all principal and all accrued interest not yet paid. Payments include principal and interest. Unless otherwise agreed or required by applicable law, payments will be applied first to any accrued unpaid interest;then to principal;then to any unpaid collection costs;and then to any late charges. Borrower will pay Lender at Lender's address shown above or at such other place as Lender may designate in writing. VARIABLE INTEREST RATE. The interest rate on this Note is subject to change from time to time based on changes in an independent index which is the SBA LIBOR BASE RATE that is established and set monthly on the first Business Day of each month by the United States Small Business Administration ("SBA") by adding (a) the thirty-day (one (1) month) London Interbank Offered Rate (LIBOR) in effect on the first Business Day of each month,as printed in a national financial newspaper published each Business Day(or such other source that may from time to time be utilized by the SBA for determining such one (1) month LIBOR rate), plus (b) an SBA base rate margin of 300 basis points (the "Index"). The Index is not necessarily the lowest rate charged by Lender on its loans. If the Index becomes unavailable during the term of this loan, Lender may designate a substitute index after notifying Borrower. Lender will tell Borrower the current Index rate upon Borrower's request. The interest rate change will not occur more often than each month. Borrower understands that Lender may make loans based on other rates as well. The Index currently is 3.200% per annum. Interest on the unpaid principal balance of this Note will be calculated as described in the "INTEREST CALCULATION METHOD"paragraph using a rate of 2.750 percentage points over the Index,resulting in an initial rate of 5.950%per annum. NOTICE: Under no circumstances will the interest rate on this Note be more than the maximum rate allowed by applicable law. Whenever increases occur in the interest rate, Lender, at its option, may do one or more of the following: (A) increase Borrower's payments to ensure Borrower's loan will pay off by its original final maturity date, (B) increase Borrower's payments to cover accruing interest, (C) increase the number of Borrower's payments,and (D) continue Borrower's payments at the same amount and increase Borrower's final payment. INTEREST CALCULATION METHOD. Interest on this Note is computed on a 365/365 simple interest basis;that is,by applying the ratio of the interest rate over the number of days in a year(366 during leap years),multiplied by the outstanding principal balance,multiplied by the actual number of days the principal balance is outstanding. All interest payable under this Note is computed using this method. PREPAYMENT. Borrower may pay without penalty all or a portion of the amount owed earlier than it is due. Early payments will not,unless agreed to by Lender in writing,relieve Borrower of Borrower's obligation to continue to make payments under the payment schedule. Rather, early payments will reduce the principal balance due and may result in Borrower's making fewer payments. Borrower agrees not to send Lender payments marked "paid in full", "without recourse", or similar language. If Borrower sends such a payment, Lender may accept it without losing any of Lender's rights under this Note, and Borrower will remain obligated to pay any further amount owed to Lender. All written communications concerning disputed amounts, including any check or other payment instrument that indicates that the payment constitutes "payment in full"of the amount owed or that is tendered with other conditions or limitations or as full satisfaction of a disputed amount must be mailed or delivered to: The Huntington National Bank,Commercial Customer Support,2361 Morse Road-NCI W26 Columbus,OH 43229. LATE CHARGE. If a payment is 15 days or more late, Borrower will be charged 10.000%of the regularly scheduled payment or $20.00, whichever is greater. INTEREST AFTER DEFAULT. Upon default, including failure to pay upon final maturity, the interest rate on this Note shall be increased by adding an additional 3.000 percentage point margin ("Default Rate Margin"). The Default Rate Margin shall also apply to each succeeding interest rate change that would have applied had there been no default. If judgment is entered in connection with this Note, interest will continue to accrue after the date of judgment at the rate in effect at the time judgment is entered. However,in no event will the interest rate exceed the maximum interest rate limitations under applicable law. DEFAULT. Each of the following shall constitute an event of default("Event of Default")under this Note: Payment Default. Borrower fails to make any payment when due under this Note. Other Defaults. Borrower fails to comply with or to perform any other term,obligation,covenant or condition contained in this Note or in any of the related documents or to comply with or to perform any term,obligation,covenant or condition contained in any other agreement between Lender and Borrower. Default in Favor of Third Parties. Borrower or any Grantor defaults under any loan,extension of credit, security agreement,purchase or sales agreement,or any other agreement,in favor of any other creditor or person that may materially affect any of Borrower's property or Borrower's ability to repay this Note or perform Borrower's obligations under this Note or any of the related documents. False Statements. Any warranty,representation or statement made or furnished to Lender by Borrower or on Borrower's behalf under this Note or the related documents is false or misleading in any material respect,either now or at the time made or furnished or becomes false or misleading at any time thereafter. Insolvency. The dissolution or termination of Borrower's existence as a going business,the insolvency of Borrower,the appointment of a receiver for any part of Borrower's property, any assignment for the benefit of creditors, any type of creditor workout, or the commencement of any proceeding under any bankruptcy or insolvency laws by or against Borrower. Creditor or Forfeiture Proceedings. Commencement of foreclosure or forfeiture proceedings, whether by judicial proceeding, self-help, repossession or any other method, by any creditor of Borrower or by any governmental agency against any collateral securing the loan. This includes a garnishment of any of Borrower's accounts,including deposit accounts,with Lender. However,this Event of Default shall not apply if there is a good faith dispute by Borrower as to the validity or reasonableness of the claim which is the basis of the creditor or forfeiture proceeding and if Borrower gives Lender written notice of the creditor or forfeiture proceeding and deposits with Lender monies or a surety bond for the creditor or forfeiture proceeding, in an amount determined by Lender, in its sole discretion, as being an adequate reserve or bond for the dispute. Events Affecting Guarantor. Any of the preceding events occurs with respect to any Guarantor of any of the indebtedness or any Guarantor dies or becomes incompetent, or revokes or disputes the validity of, or liability under, any guaranty of the indebtedness evidenced by this Note. Change In Ownership. Any change in ownership of twenty-five percent(25%)or more of the common stock of Borrower. Adverse Change. A material adverse change occurs in Borrower's financial condition, or Lender believes the prospect of payment or performance of this Note is impaired. Insecurity. Lender in good faith believes itself insecure. LENDER'S RIGHTS. Upon default, Lender may, after giving such notices as required by applicable law, declare the entire unpaid principal balance under this Note and all accrued unpaid interest immediately due,and then Borrower will pay that amount. ATTORNEYS' FEES;EXPENSES. Lender may hire or pay someone else to help collect this Note if Borrower does not pay. Borrower will pay Lender that amount. This includes,subject to any limits under applicable law,Lender's reasonable attornevs'fans a...t i whether or not there is a law ,it „ro .------— . - �III III II II IIIII I IIII PROMISSORY NOTE (Continued) Page 2 vacate any automatic stay or injunction),and appeals. If not prohibited by applicable law,Borrower also will pay any court costs,in addition to all other sums provided by law. JURY WAIVER. Lender and Borrower hereby waive the right to any jury trial in any action,proceeding,or counterclaim brought by either Lender or Borrower against the other. GOVERNING LAW. This Note will be governed by federal law applicable to Lender and,to the extent not preempted by federal law,the laws of the Commonwealth of Pennsylvania without regard to its conflicts of law provisions. This Note has been accepted by Lender in the Commonwealth of Pennsylvania. DISHONORED ITEM FEE. Borrower will pay a fee to Lender of $15.00 if Borrower makes a payment on Borrower's loan and the check or preauthorized charge with which Borrower pays is later dishonored. RIGHT OF SETOFF. To the extent permitted by applicable law,Lender reserves a right of setoff in all Borrower's accounts with Lender(whether checking,savings,or some other account). This includes all accounts Borrower holds jointly with someone else and all accounts Borrower may open in the future. However,this does not include any IRA or Keogh accounts,or any trust accounts for which setoff would be prohibited by law. Borrower authorizes Lender,to the extent permitted by applicable law,to charge or setoff all sums owing on the indebtedness against any and all such accounts. FINANCIAL STATEMENTS.Borrower agrees to furnish from time to time on the request of the Lender true and complete financial statements and such other information as the Lender may reasonably require. IMPORTANT INFORMATION ABOUT PROCEDURES REQUIRED BY THE USA PATRIOT ACT. To help the government fight the funding of terrorism and money laundering activities, Federal law requires all financial institutions to obtain, verify,and record information that identifies each entity or person who opens an account or establishes a relationship with the Lender. What this means:When an entity or person opens an account or establishes a relationship with the Lender,the Lender may ask for the name, address,date of birth,and other information that will allow the Lender to identify the entity or person who opens an account or establishes a relationship with the Lender. The Lender may also ask to see identifying documents for the entity or person. SPECIAL SBA LIBOR BASE RATE PROVISIONS. Business Day.As used in this Note,the term"Business Day"shall mean any day other than a Saturday or a Sunday on which banks are open for business in Columbus,Ohio. Automatic Rate Adjustment. The variable rate of interest on the obligation evidenced hereby shall change automatically without notice to Borrower on the first Business Day of each month based on the Index then in effect, which means that the initial interest rate period for this Note may be less than one month. DEPOSIT ACCOUNT.Borrower covenants and agrees to establish and maintain all of Borrower's operating deposit accounts with Lender. SUCCESSOR INTERESTS. The terms of this Note shall be binding upon Borrower, and upon Borrower's heirs, personal representatives, successors and assigns,and shall inure to the benefit of Lender and its successors and assigns. GENERAL PROVISIONS. If any part of this Note cannot be enforced,this fact will not affect the rest of the Note. Lender may delay or forgo enforcing any of its rights or remedies under this Note without losing them. Borrower and any other person who signs,guarantees or endorses this Note,to the extent allowed by law,waive presentment,demand for payment,and notice of dishonor. Upon any change in the terms of this Note,and unless otherwise expressly stated in writing, no party who signs this Note,whether as maker,guarantor,accommodation maker or endorser,shall be released from liability. All such parties agree that Lender may renew or extend (repeatedly and for any length of time)this loan or release any party or guarantor or collateral;or impair,fail to realize upon or perfect Lender's security interest in the collateral;and take any other action deemed necessary by Lender without the consent of or notice to anyone. All such parties also agree that Lender may modify this loan without the consent of or notice to anyone other than the party with whom the modification is made. The obligations under this Note are joint and several. If any portion of this Note is for any reason determined to be unenforceable,it will not affect the enforceability of any other provisions of this Note. CONFESSION OF JUDGMENT. BORROWER HEREBY IRREVOCABLY AUTHORIZES AND EMPOWERS ANY ATTORNEY OR THE PROTHONOTARY OR CLERK OF ANY COURT IN THE COMMONWEALTH OF PENNSYLVANIA, OR ELSEWHERE, TO APPEAR AT ANY TIME FOR BORROWER AFTER A DEFAULT UNDER THIS NOTE AND WITH OR WITHOUT COMPLAINT FILED, CONFESS OR ENTER JUDGMENT AGAINST BORROWER FOR THE ENTIRE PRINCIPAL BALANCE OF THIS NOTE AND ALL ACCRUED INTEREST,LATE CHARGES AND ANY AND ALL AMOUNTS EXPENDED OR ADVANCED BY LENDER RELATING TO ANY COLLATERAL SECURING THIS NOTE,TOGETHER WITH COSTS OF SUIT,AND AN ATTORNEY'S COMMISSION OF TEN PERCENT(10%)OF THE UNPAID PRINCIPAL BALANCE AND ACCRUED INTEREST FOR COLLECTION, BUT IN ANY EVENT NOT LESS THAN FIVE HUNDRED DOLLARS ($500) ON WHICH JUDGMENT OR JUDGMENTS ONE OR MORE EXECUTIONS MAY ISSUE IMMEDIATELY;AND FOR SO DOING,THIS NOTE OR A COPY OF THIS NOTE VERIFIED BY AFFIDAVIT SHALL BE SUFFICIENT WARRANT. THE AUTHORITY GRANTED IN THIS NOTE TO CONFESS JUDGMENT AGAINST BORROWER SHALL NOT BE EXHAUSTED BY ANY EXERCISE OF THAT AUTHORITY,BUT SHALL CONTINUE FROM TIME TO TIME AND AT ALL TIMES UNTIL PAYMENT IN FULL OF ALL AMOUNTS DUE UNDER THIS NOTE. BORROWER HEREBY WAIVES ANY RIGHT BORROWER MAY HAVE TO NOTICE OR TO A HEARING IN CONNECTION WITH ANY SUCH CONFESSION OF JUDGMENT AND STATES THAT EITHER A REPRESENTATIVE OF LENDER SPECIFICALLY CALLED THIS CONFESSION OF JUDGMENT PROVISION TO BORROWER'S ATTENTION OR BORROWER HAS BEEN REPRESENTED BY INDEPENDENT LEGAL COUNSEL. PRIOR TO SIGNING THIS NOTE, BORROWER READ AND UNDERSTOOD ALL THE PROVISIONS OF THIS NOTE, INCLUDING THE VARIABLE INTEREST RATE PROVISIONS. BORROWER AGREES TO THE TERMS OF THE NOTE. BORROWER ACKNOWLEDGES RECEIPT OF A COMPLETED COPY OF THIS PROMISSORY NOTE. THIS NOTE IS GIVEN UNDER SEAL AND IT IS INTENDED THAT THIS NOTE IS AND SHALL CONSTITUTE AND HAVE THE EFFECT OF A SEALED INSTRUMENT ACCORDING TO LAW. BORROWER: ZD�h..M.R;' INC. By: �. (Seal) ri,President of Zd wic,Inc. LASER PRD L—..Vp.13A.tD.0D8 Cap.HviwB FnY.ci,l9aYrion,.Inc.1997.30t3 AR Ry.,..R,wvcJ. PA C:%L—hPJICPTLR1D30.FC—28-58 l EXHIBIT "B" Huntington THE HUNTINGTON NATIONAI.HANK 2361 Morse Road i NC3W33 I Columbus,OH 43229 NOTICE OF DEFAULT AND DEMAND FOR PAYMENT IN FULL VIA REGULAR AND CERTIFIED MAIL October 15,2014 Zdrowic, Inc. c/o Joshua Rosinski 204 Brook Meadow Drive Mechanicsburg, PA 71050 Re: Obligation No.� Note No. 18 NOTICE OF DEFAULT AND DEMAND FOR PAYMENT IN FULL Dear Zdrowic, Inc. This letter is being sent to you as a result of default under the Agreement, as defined below. Zdrowic, Inc_ ("Borrower",whether one or more)and The Huntington National Bank('Bank")are parties to a certain Note July 31,2013(the"Agreement"),as may have been amended from time to time.Borrower is in default of its Agreement with the Bank as a result of the following: Failure to make payment when due. Additional events of default may have also occurred under the provisions of the Agreement.If acceleration has not occurred pursuant to the Agreement and related loan documents, Huntington hereby accelerates the balance owed under the Agreement as a result of the defaults and demands that the balance be paid in full immediately.As of October 15,2014,the following remained due and owing to the Bank under the Agreement: Principal $306,212.59 Accrued Interest $ 3,519.10 Fees $ 366.23 Payoff as of 10/15/2014 $310,097.92 (Per Diem of$49.49738). In the event the unpaid balance is not paid in full immediately,Huntington will exercise its rights and remedies to collect the unpaid indebtedness.Please call me at 614-480-2664 before paying the obligations in full to verify the balance owed as additional interest, costs, fees and expenses continue to accrue until payment in full. h1vinbo FML<.i and Hisniv. 313 ar_fudtsa'.ip re isfered service Warks of Hvniington Baacs}tares Incorporated. Any delay by the Bank in exercising and enforcing its rights and remedies under the Agreement, related loan documents,and/or applicable law,or decision not to exercise its rights and remedies as a result of the default(s), does not and shall not constitute an agreement by Bank to(a)forbear or delay the exercise of any such rights and remedies, (b) modify the terms and conditions of the Agreement or any related loan document, or(c) waive, release or limit Banks exercise.of its rights and remedies,all of which are expressly reserved. Any forbearance, modification, waiver or release is ineffective unless set forth in a written agreement executed by an authorized representative of the Bank.In addition,the Bank's acceptance of any partial payment shall not constitute a waiver of any of Bank's rights and remedies or nullify the Bank's demand for payment in full.This will be Huntington's final communication concerning the matter prior to initiation of enforced collection proceedings and exercise of the Bank's rights and remedies to collect the debt. Ver�/*ly Yo . h I ne. un lap Vice Pre'ident Special A s Representative, Sr. CERTIFICATION OF COMMERCIAL TRANSACTION I,Christine S.Dunlap,in my position as Vice President and duly authorized representative of The Huntington National Bank, hereby certify that the instrument attached to the Complaint on which judgment is being entered was executed in connection with a commercial business transaction and was not executed in connection with any personal, family or household consumer loan transaction. THAistine 4unlap, TIONAL BANK By: Vice r ident VERIFICATION I,Christine S.Dunlap,in my position as Vice President and duly authorized representative of The Huntington National Bank, deposes and says subject to the penalties of 18 Pa.C.S.A.§4904, relating to unsworn falsification to authorities,that the facts set forth in the foregoing Complaint in Confession of Judgment are true and correct to best of my personal knowledge, information and belief. THE HUN INGTO NATIONAL BANK By: C stine S. lap, Vic r ident IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA THE HUNTINGTON NATIONAL BANK, CIVIL DIVISION vs. L14 NOV17 PM 12: 57 CUMBERLAND COUNTY PENNSYLVANIA Plaintiff, CASE NO.: 14-6300 CIVIL ZDROWIC, INC., TYPE OF PLEADING: AFFIDAVIT OF SERVICE OF NOTICES Defendant. OF CONFESSION OF JUDGMENT UPON DEFENDANT PURSUANT TO Pa. R.C.P. § 2958.1 & 42 Pa. C.S.A § 2737.1 FILED ON BEHALF OF PLAINTIFF: THE HUNTINGTON NATIONAL BANK COUNSEL OF RECORD FOR THIS PARTY: John R. O'Keefe, Jr., Esquire Pa I.D. No. 36633 Kenneth C. Thiess, Esquire Pa I.D. No. 28083 METZ LEWIS BRODMAN MUST O'KEEFE LLC 535 Smithfield Street, 8th Floor Pittsburgh, PA 15222 412-918-1100 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA THE HUNTINGTON NATIONAL BANK, CIVIL DIVISION Plaintiff, CASE NO.: 14-6300 CIVIL vs. ZDROWIC, INC., Defendant. AFFIDAVIT OF SERVICE OF NOTICES OF CONFESSION OF JUDGMENT UPON DEFENDANTS PURSUANT TO Pa. R.C.P. & 2958.1 & 42 Pa. C.S.A § 2737.1 I, John R. O'Keefe, Jr., Attorney for the Plaintiff, hereby certify as follows: 1. On November 4, 2014, I mailed true and correct copies of the Notices of Confession of Judgment Pursuant to Pa. R.C.P. § 2958.1 and 42 Pa. C.S.A. § 2737.1 to Defendant, Zdrowic, Inc., by Certified Mail, Article Number 7009 2820 0004 2470 9688, at the following address: c/o Joshua Rosinski, 204 Brook Meadow Drive, Mechanicsburg, PA 71050. Copies of the Notices are collectively attached as Exhibit "A." 2. Said Notices of Confession of Judgment Pursuant to Pa. R.C.P. § 2958.1 and 42 Pa. C.S.A. § 2737.1 were received sometime before November 12, 2014 (when the receipt was returned to undersigned counsel reflecting receipt), as evidenced by the original return receipt card, signed for by a representative of the Defendant, a copy of which is attached hereto as Exhibit "B." I verify that the statements made in this Affidavit of Service are true and correct to the best of my knowledge or information and belief. I understand that false statements herein are subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to authorities. Dated: )//k$ 20/ Y METZ LEWIS BRODMAN MUST O'KEEFE LLC ' . O'Keefe, Jr'( I.D. No. 36633 535 Smithfield Street, 8th Floor Pittsburgh, PA 15222 Phone: 412-918-1100 jokeefe@metzlewis.com Attorneys for Plaintiff, The Huntington National Bank IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA THE HUNTINGTON NATIONAL BANK, CIVIL DIVISION Plaintiff, vs. ZDROWIC, INC. Defendant. CASE NO.: 14-6300 Civil NOTICE OF JUDGMENT AND EXECUTION REQUIRED BY RULE 2958.1 TO: ZDROWIC, INC. c/o Joshua Rosinski 204 Brook Meadow Drive Mechanicsburg, PA 71050 A Judgment in the amount of $341,452.20 has been entered against you and in favor of the Plaintiff without any prior notice or hearing based on a Confession of Judgment contained in a written agreement or other paper allegedly signed by you. The sheriff may take your money or other property to pay the judgment at any time after thirty (30) days after the date on which this Notice is served on you. You may have legal rights to defeat the judgment or to prevent your money or property from being taken. YOU MUST FILE A PETITION SEEKING RELIEF FROM THE JUDGMENT AND PRESENT IT TO A JUDGE WITHIN THIRTY (30) DAYS AFTER THE DA lb ON WHICH THIS NOTICE IS SERVED ON YOU OR YOU MAY LOSE YOUR RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP: CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 1-800-990-9108 717-249-3166 METZ LEWIS BRODMAN MUST O'KEEFE LLC O'Keefe, Jr., . No. 36633 Kenneth C. Thiess, Esquire Pa I.D. No. 28083 Attorneys for The Huntington National Bank 535 Smithfield Street, 8th Floor Pittsburgh, PA 15222 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA THE HUNTINGTON NATIONAL BANK, CIVIL DIVISION Plaintiff, vs. CASE NO.: 14-6300 Civil ZDROWIC, INC. Defendant. NOTICE PURSUANT TO 42 Pa.C.S.A. 42737.1 JUDGMENT HAS BEEN ENTERED AGAINST YOU BY CONFESSION OF JUDGMENT AT THE ABOVE CAPTIONED NUMBER AND TERM. PURSUANT TO 42 PA C.S.A. 2737.1, IF YOU HAVE BEEN INCORRECTLY IDENTIFIED AS A DEFENDANT IN THE COMPLAINT IN CONFESSION OF JUDGMENT AND HAD A CONFESSION OF JUDGMENT ENTERED AGAINST YOU, YOU SHALL BE ENTITLED TO COSTS AND REASONABLE ATTORNEY FEES AS DETERMINED BY THE COURT. YOU MAY SEEK TO HAVE THE COURT STRIKE THE CONFESSION OF JUDGMENT BY FOLLOWING THE PROCEDURE SET FORTH IN RULE 2959 OF THE PENNSYLVANIA RULES OF CIVIL PROCEDURE, WHICH RULE 2959 IS SET FORTH BELOW: Pennsylvania Rule of Civil Procedure 2959. Striking Off or Opening Judgment; Pleadings; Procedure (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. METZ LEWIS BRODMAN MUST O'KEEFE LLC . O'Keefe, Jr., . No. 36633 Kenneth C. Thiess, Esquire Pa I.D. No. 28083 Attorneys for The Huntington National Bank 535 Smithfield Street, 8th Floor Pittsburgh, PA 15222 U.S. Postal Service, CERTIFIED MAIL„, RECEIPT (Domestic Mail Only; No Insurance Coverage Provided) For delivery information visit our website at www.usps.como OFFICIAL. USE ru 4 P e Certified Fee O Return Receipt Fee O (Endorsement Required) 0 Restricted Delivery Fee ca (Endorsement Required) nJ Total Postage & Fees R.I Cr 0 0 N MEM 111111111111 Postmark Here WPI Sent To do Joshua Rosinski Siiaef, apeuo.1 ... .--------- 204-$rooirf%I uttuw•Dr ve----- or PO Box No. Mechanicsburg,2A-..71050 City; State, ZIP+4 PS Form 3800. August 2006 See Ru,erso to, Instructions SENDER: COMPLETE THIS SECTION • 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. COMPLETE THIS SECTION ON DELIVERY X Signet ived by ( Printed Name O Agent 0 Addressee C. Date of Delivery 1. Article Addressed to: Zdrowic, Inc. do Joshua Rosinski 204 Brook Meadow Drive Mechanicsburg, PA 71050 D. Is delivery address different from Item 1? 0 Yes If YES, enter delivery address below: 0 No 3. Service Type no Certified Mail 0 Registered 0 Insured Mail 0 Express Mail 0 Return Receipt for Merchandise 0 C.O.D. 4. ResMcted Delivery? (Extra Fee) 0 Yes 2. Article Number (Transfer from seMce label) PS Form 3811, February 2004 7009 2820 0004; 2470 9688 Domestic Return Receipt 102595-02-M-1540 •