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HomeMy WebLinkAbout02-1257BINGAMAN, HESS, COBLENTZ & BELL, P.C. By: Mark G. Yoder, Esquire Identification No. 32493 Treeview Corporate Center, Suite 100 2 Meridian Boulevard Wyomissing, PA 19610 (610) 374-8377 Attorneys for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW MANUFACTURERS AND TRADERS TRUST ' NO. O-~ -- /~' ~7~'o~LQ"~~ COMPANY, successor in interest to Keystone Financial Bank, N.A., Plaintiff VS. CIVIL ACTION - LAW PATIENT ACCOUNTING SERVICES, INC., Defendant · CONFESSION OF JUDGMENT CONFESSION OF JUDGMENT I appear for the Defendant, Patient Accounting Services, Inc., pursuant to the authority contained in a Promissory Note dated July 13, 2000 in the original principal amount of $100,000.00 and Disclosure of Confession of Judgment thereto, executed by the Defendant, Patient Accounting Services, Inc., in favor of the Plaintiff, a true and correct copy of which is attached as Exhibit "A" to the Complaint filed in this action, and confess judgment in favor of the Plaintiff and against the Defendant as follows: Principal Balance: Interest through 3~05/02: Attorney's Fees (10%): TOTAL: $ 99,937.94 $ 778.68 $ 9,993.79 $110,710.41 Together with interest at the contract rate from March 6, 2002 additional late charges, attorney's fees and costs of suit. forward, and for all Date: March 12, 2002 By: BINGAMAN, HESS, COBLENTZ & BELL, P.C. Mark G. Yoder, Esquire Attorneys for Manufacturers and Traders Trust Company 167903 BINGAMAN, HESS, COBLENTZ & BELL, P.C. By: Mark G. Yoder, Esquire Identification No. 32493 Treeview Corporate Center, Suite 100 2 Meridian Boulevard Wyomissing, PA 19610 (610) 374-8377 Attorneys for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW MANUFACTURERS AND TRADERS TRUST COMPANY, successor in interest to Keystone Financial Bank, N.A., Plaintiff VS. : CIVIL ACTION - LAW PATIENT ACCOUNTING SERVICES, INC., Defendant : CONFESSION OF JUDGMENT COMPLAINT IN CONFESSION OF JUDGMENT 1. The Plaintiff, Manufacturers and Traders Trust Company, successor in interest to Keystone Financial Bank, N.A., is a New York banking corporation maintaining an office at 501 N. Wyomissing Boulevard, Wyomissing, PA 19610. 2. The Defendant, Patient Accounting Services, Inc., is a Pennsylvania corporation, maintaining an address at 101 Noble Boulevard, Carlisle, PA 17013. 3. On or about July 13, 2000, the Defendant executed and delivered to Keystone Financial Bank, N.A., a Promissory Note in the original principal amount of $100,000.00, together with a Disclosure for Confession of Judgment thereto (the "Note"). A true and correct copy of the Note is attached hereto as Exhibit "A" and is incorporated herein by reference. 4. Since the date of this Note, Keystone Financial Bank, N.A. has merged into and become Manufacturers and Traders Trust Company (the "Bank"). The Bank has not assigned the Note and is the holder thereof. 5. Judgment has not heretofore been entered on the Note in any jurisdiction. 6. The Defendant has defaulted in its obligations under the Note, due to its failure to make payments of interest when due. The Note permits entry of judgment by confession against the Defendant at this time. 7. Judgment is not being entered by confession against a natural person in 167903 connection with a consumer transaction in that the debt evidenced by the Note is for commercial purposes, and the Borrower/Defendant is a corporate entity. 8. The Note provides that the Borrower is liable for reasonable attorneys fees of 10% in the event of default and entry of judgment by confession. 9. The Defendant is liable to the Plaintiff under the Note as follows: Principal Balance: Interest through 3/05/02: Attorney's Fees (10%): TOTAL: $ 99,937.94 $ 778.68 $ 9,993.79 $110,710.41 Together with interest at the contract rate from March 6, 2002 forward and costs of suit. WHEREFORE, the Plaintiff demands judgment against the Defendant, Patient Accounting Services, Inc., in the total amount of $110,710.41 together with interest at the contract rate from March 6, 2002 forward and costs of this action. By: BINGAMAN, HESS, COBLENTZ & BELL, P.C. Mark G. Yoder, Esquire Attorneys for Manufacturers and Traders Trust Company Date: March 12, 2002 167903 PROMISSORY NOTE References in the shaded area are for Lender's use only and do not limit the applicability of this document to any particular loan or item. Any rem above conta n n~ ..... has been omitted due to text en~th m tat ons. Borrower: Patient Accounting Services, Inc. Lender: Keystone Financial Bani(, N.A. 101 Noble Boulevard West High Street Office Carlisle, PA 17013 One West High Street Carlisle, PA 17013 Principal Amount: $100,000.00 ' Initial Rate: 10.250% Date of Note: July 13, 2000 PROMISE TO PAY. Patient Accounting Services, Inc. ("Borrower") promises to pay to Keystone Financial Bank, N.A. ("Lender"), or order, In lawful money of the United States of America, on demand, the principal amount of One Hundred Thousand & 00/100 Dollars ($1d0,000~00) or so much as may be outstanding, together with Interest on the unpaid outstanding principal balance of each advance. Interest shall be calculated from the date of each advance until repaymenl of each advance. PAYMENT. Borrower will pay this loan immediately upon Lender's demand. Payment in full Is due Immediately upon Lender's demand. Borrower will pay regular monthly payments of all accrued unpaid interest due as of each payment date, beginning August 13, 2000, with all subsequent interest payments to be due on the same day of each month after that. Unless other,visa agreed or required by applicable law, payments will be applied first to accrued unpaid interest, then to principal, and any remaining amount to any unpaid collection costs and late charges. The annual Interest rate for this Note is computed on a 365/380 basis; that is, by applying the ratio of the annual inlerest rate over a year of 360 days, multiplied by the outstanding principal balance, multiplied by the actual number of days the principal balance Is outstanding. 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 Pt~me Rate as published each business day in the Wall Street Journal. When a range of rates has been published, the highest rate will be used (the "Index"). The Index is not necessarily the lowest rate charged by Lender on its loans. If the Index becomes unavailable dudng the term of this loan, Lender may designate a substitute index after notice to Borrower. Lender will tell Borrower the current Index rate upon Borrower's request. The interest rate change will not occur more often than each DAY. Borrower understands that Lender may make loans based on other rates as well. The Index currently is 9.$00% per annum. The interest rate to be applied to the unpaid principal balance of this Note will be at a rate of 0.750 percentage points over the Index, resulting in an initial rate of 10.2S0% per annum. NOTICE: Under no circumstances will the interest rate on this Note be more than the maximum rate allowed by applicable law. PREPAYMENT. Borrower may pay without penalty all or a portion of the amount owed earlier than it is due. Earty payments will not, unless agreed to by Lender in wdfing, relieve Borrower of Borrower's obligation to continue to make payments of accrued unpaid interest. Rather, early payments will reduce the principal balance due. 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: Keystone Financial Bank, N.A.; West High Street Office; One West High Street; Carlisle, PA 17013. LATE CHARGE. If a regularly scheduled interest payment is 15 days or more late, Borrower will be charged ~;.000% of the regularly scheduled payment. If Lender demands payment of this loan, and Borrower does not pay the loan in full within 15 days after Lender's demand, Borrower also will be charged 5.000% of the sum of the unpaid principal plus accrued unpaid interest. INTEREST AFTER DEFAULT. Upon default, including failure to pay upon final maturity, Lender, at its option, may, if permitted under applicable taw, increase the variable interest rate on this Note to 5.750 percentage points over the Index. The interest rate will not exceed the ma.,dmum rate permitted by applicable law. If judgment is entered in connection with this Note, interest will continue to accrue on this Note after judgment at the interest rate applicable to this Note at the time judgment is entered. 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 fa[is 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, secudty 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 secudng 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 no'ice of the creditor or forfeiture proceeding and deposits with Lender monies or a surety bond for the creditor or fcrfeiture 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, endorser, surety, or accommodation party of any of the indebtedness or any guarantor, endorser, surety, or accommodation party dies or becomes incompetent, or revokes or disputes the validity of, or liabilib/ under, any guaranty of the indebtedness. In the event of a death, Lender, at its option, may, but shall not be required to, permit the guarantor's estate to assume unconditionally the obligations arising under the guaranty in a manner satisfactory to Lender, and, in doing so, cure any Event of Default. PROMISSORY NOTE (Continued) Page 2 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 pedormance of this Note is impaired. Insecurity. Lender in good faith believes itself insecure. Cure Provisions. If any default, other than a default in payment, is curable and if Borrower has not been given a notice of a breach of the same provision of this Note within the preceding twelve (12) months, it may be cured (and no event of default will have occurred) if Borrower, after receiving written notice from Lender demanding cure cf such default: (1) cures the default within fifteen (15) days; or (2) if the cure requires more than fifteen (15) days, immediately initiates steps which Lender deems in Lender's sole discretion to be sufficient to cure the default and thereafter continues and completes ail reasonable and necessary steps sufficient to produce compliance as soon as reasonably practical. LENDER'S RIGHTS. Upon default, Lender may, after giving such notices as required by applicable law, declare the entire unpaid principal balance on this Note and all accrued unpaid interest immediately due, and ~hen Borrower will pay that amount. ATTORNEYS' FEES; EXPENSES. Lender may hire or pay someone else to help collect the loan if Borrower does not pay. Borrower will p~,y Lender that amount. This includes, subject to any limits under applicable law, Lender's attorneys' fees and Lender's legal expenses, whether or not there is a lawsuit, including attorneys' fees, expenses for bankruptcy proceedings (including efforts to modify or 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 hght to any jury tdai in any action, proceeding, or counterclaim brought by either Lender or Borrower against the other. GOVERNING LAW. This Note will be governed by, construed and enforced in accordance with federal law and the laws of the Commonwealth of Pennsylvania. This Note has been accepted by Lender in lbo Commonwealth of Pennsylvania. CHOICE OF VENUE. if there is a lawsuit, Borrower agrees upon Lender's request to submit to the jurisdiction of the courts of Cumberland Counfy, Commo.~wealth of Pennsylvania. RIGHT OF SETOFF. To the extent permitted by applicable law, Lender reserves a dght 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, and, at Lender's option, to administratively freeze all such accounts to allow Lender to protect Lender's charge and setoff hghts provided in this paragraph. LINE OF CREDIT. This Note evidences a revolving line of credit. Advances under this Note may be requested either orally or in writing by Borrower or as provided in this paragraph. Lender may, but need not, require that all oral requests be confirmed in wdting. All communications, instructions, or directions by telephone or otherwise to Lender are to be directed to Lender's office shown above. The following person currently is authorized to request advances and authorize payments under the line of credit until Lender receives from Borrower, at Lender's address shown above, written notice of revocation of his or her authority: Clark C. Dunkle, III. Borrower agrees to be liable for all sums either: (A) advanced in accordance with the instructions of an authorized person or (B) credited to any of Borrower's accounts with Lender. The unpaid phncipal balance owing on this Note at any time may be evidenced by endorsements on this Note or by Lender's internal records, including daily computer print-outs. ANNUAL LINE OF CREDIT ASSESSMENT. Lender, in its discretion, may charge Borrower an annual line of credit fee. This annual line of credit fee is $100.00 and is subject to change. 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 Lender's successors and assigns. GENERAL PROVISIONS, This Note and is payable on demand. The inclusion of specific default provisions or dghts of Lender shall not preclude Lender's right to declare payment of this Note on its demand. 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 wdting, 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 AP I 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. PROMISSORY NOTE (Continued) Page 3 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: Clark C. Dunkle, Ill, President of Patient Accounting Services, Inc. DISCLOSURE FOR CONFESSION OF J GMENT ..... ReferenCes in the shaded area are for Lender's use only and do not limit the applicability of this document to any particular loan or item. Any item above containing ....... has been omitted due to text length limitations. Affiant: Patient Accounting Services, Inc. Lender: Keystone Financial Bank, N.A. 101 Noble Boulevard West High Street Office Carlisle, PA 17013 One West High Street Carlisle, PA 17013 DISCLOSURE FOR CONFESSION OF JUDGMENT I AM EXECUTING, THIS ~'.~'f'J' DAY OF--,~..)L~[.~ ,20 O(~, A PROMISSORY NOTE FOR $100,000.00 OBLIGATING ME / TO REPAY THAT AMOUNT. A. I UNDERSTAND THAT THE NOTE CONTAINS A CONFESSION OF JUDGMENT PROVISION THAT WOULD PERMIT LENDER TO ENTER JUDGMENT AGAINST ME IN COURT, AFTER A DEFAULT ON THE NOTE, WITHOUT ADVANCE NOTICE TO ME AND WITHOUT OFFERING ME AN OPPORTUNITY TO DEFEND AGAINST THE ENTRY OF JUDGMENT. IN EXECUTING THE NOTE, BEING FULLY AWARE OF MY RIGHTS TO ADVANCE NOTICE AND TO A HEARING TO CONTEST THE VALIDITY OF ANY JUDGMENT OR OTHER CLAIMS THAT LENDER MAY ASSERT AGAINST ME UNDER THE NOTE, I AM KNOWINGLY, INTF! I IGENTLY, AND VOLUNTARILY WAIVING THESE RIGHTS, INCLUDING ANY RIGHT TO ADVANCE NOTICE OF THE ENTRY OF JUDGMENT, AND I EXPRESSLY AGREE AND CONSENT TO LENDER'S ENTERING JUDGMENT AGAINSt ME BY CONFESSION AS PROVIDED FOR IN THE CONFESSION OF JUDGMENT PROVISION. B. I FURTHER UNDERSTAND THAT IN ADDITION TO GIVING LENDER THE RIGHT TO ENTER JUDGMENT AGAINST ME WITHOUT ADVANCE NOTICE OR A HEARING, THE CONFESSION OF JUDGMENT PROVISION IN THE NOTE ALSO CONTAINS LANGUAGE THAT WOULD PERMIT LENDER, AFTER ENTRY OF JUDGMENT, AGAIN WITHOUT EITHER ADVANCE NOTICE OR A HEARING, TO EXECUTE ON THE JUDGMENT BY FORECLOSING UPON, ATTACHING, LEVYING ON, TAKING POSSESSION OF OR OTHERWISE SEIZING MY PROPERTY, IN FUlL OR PARTIAL PAYMENT OF THE JUDGMENT. IN EXECUTING THE NOTE, BEING FULLY AWARE OF MY RIGHTS TO ADVANCE NOTICE AND A HEARING AFTER JUDGMENT IS ENTERED AND BEFORE EXECUTION ON THE JUDGMENT, I AM KNOWINGLY, INTEU. IGENTLY AND VOLUNTARILY WAIVING THESE RIGHTS, AND I EXPRESSLY AGREE AND CONSENT TO LENDER'S IMMEDIATELY EXECUTING ON THE JUDGMENT, IN ANY MANNER PERMITTED BY APPLICABLE STATE AND FEDERAL LAW, WITHOUT GIVING LENDER ANY ADVANCE NOTICE. C. AFTER HAVING READ AND DETERMINED WHICH OF THE FOLLOWING STATEMENTS ARE APPLICABLE, AND BY PLACING MY INITIALS NEXT TO EACH STATEMENT WHICH APPLIES, I REPRESENT THAT: INITIALS 1. I WAS REPRESENTED BY MY OWN INDEPENDENT LEGAL COUNSl=I IN CONNECTION WITH THE NOTE. 2. A REPRESENTATIVE OF LENDER SPECIFICALLY CALLED THE CONFESSION OF JUDGMENT PROVISION IN THE NOTE TO MY ATTENTION. D. I CERTIFY THAT MY ANNUAL INCOME EXCEEDS $10,000; THAT THE BLANKS IN THIS DISCLOSURE WERE FILLED IN WHEN I INITIALED AND SIGNED IT; AND THAT I RECEIVED A COPY AT THE TIME OF SIGNING. THIS DISCLOSURE IS GIVEN UNDER SEAL AND IT IS INTENDED THAT THIS DISCLOSURE IS AND SHALL CONSTITUTE AND HAVE THE EFFECT OF A SEALED INSTRUMENT ACCORDING TO LAW. AFFIANT: PATIENT~CCOUNTING SERVICES, INC. Cla~l( C. Dun]~"~,, III, President of Patient Accounting Services, Inc. BINGAMAN, HESS, COBLENTZ & BELL, P.C. By: Mark G. Yoder, Esquire Identification No. 32493 Treeview Corporate Center, Suite 100 2 Meridian Boulevard Wyomissing, PA 19610 (610) 374-8377 Attorneys for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW MANUFACTURERS AND TRADERS TRUST COMPANY, successor in interest to Keystone Financial Bank, N.A·, Plaintiff VS. PATIENT ACCOUNTING SERVICES, INC., Defendant · NO. ' CIVIL ACTION - LAW · CONFESSION OF JUDGMENT COMMONWEALTH OF PENNSYLVANIA COUNTY OF BERKS · SS. JAMES T. GRADY, being duly swom according to law, deposes and says that he is a duly authorized officer of Manufacturers and Traders Trust Company, Plaintiff herein, and that he is authorized to execute Affidavits on Plaintiff's behalf, and that the facts set forth on the foregoing Complaint are true and correct to the best of his knowledge, information and belief. T. Grady ~ cturers and Traders Trust Company Sworn to and subscr, i.bed before me this !_~+Wday of t~o~c'c.~,, ,2002· Notary Public Notarial Seal Malissa N· Young, _Notary Public Wyomissing Bom Berks County . My Commission Expires Aug. 13, 2005 Member, Pennsylvania~ation of Notarfes 167903 BINGAMAN, HESS, COBLENTZ & BELL, P.C. By: Mark G. Yoder, Esquire Identification No. 32493 Treeview Corporate Center, Suite 100 2 Meridian Boulevard Wyomissing, PA 19610 (610) 374-8377 Attorneys for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW MANUFACTURERS AND TRADERS TRUST COMPANY, successor in interest to Keystone Financial Bank, N.A., Plaintiff · NO. VS. CIVIL ACTION - LAW PATIENT ACCOUNTING SERVICES, INC., Defendant · CONFESSION OF JUDGMENT CERTIFICATION OF ADDRESSES COMMONWEALTH OF PENNSYLVANIA · · SS. COUNTY OF BERKS Mark G. Yoder, Esquire, being duly sworn according to law, deposes and says that to the best of his knowledge, information and belief, the addresses of the judgment creditor and the judgment debtors in the above-captioned case are as follows: Creditor: Manufacturers and Traders Trust Company 501 N. Wyomissing Boulevard Wyomissing, PA 19610 Debtor: Patient Accounting Services, Inc. 101 Noble Boulevard Carlisle, PA 17013 Mark G. Yoder, Esquire Sworn to and subscribed before me this l_QL~_'day of [ I~'~r-r_~ ,2002· Ivlalissa N. Young. Not~ Public Wyomisaing Bow, Berks County My Commission Expi~'~s Aug. 13, 2005 Member, Pennsylvania As~x~tlon ot Nota~s 167903 BINGAMAN, HESS, COBLENTZ & BELL, P.C. By: Mark G. Yoder, Esquire Identification No. 32493 Treeview Corporate Center, Suite 100 2 Meridian Boulevard Wyomissing, PA 19610 (610) 374-8377 Attorneys for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW MANUFACTURERS AND TRADERS TRUST COMPANY, successor in interest to Keystone Financial Bank, N.A., Plaintiff VS. · NO. CIVIL ACTION - LAW PATIENT ACCOUNTING SERVICES, INC., Defendant · CONFESSION OF JUDGMENT AFFIDAVIT OF COMMERCIAL TRANSACTION I hereby certify that I am counsel for Manufacturers and Traders Trust Company, successor in interest to Keystone Bank, N.A., the Plaintiff herein, and hereby certify that judgment is not being entered against a natural person in a consumer transaction. By: BINGAMAN, HESS, COBLENTZ & BELL, P.C. Mark G. Yoder, Esquire Sworn to and subscribed before me this l c~'~ day of ~"~%.c'C~ , 2002. Notary~blic ~ Nou~rial Seal Malissa N. Yoaas, Nolary Public W~omis~in$ Boro, Berks Count~ My Commission Expires Au~. 13, 2005 Men3ber, Pennsylvania Association et Notaries IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA CIVIL DIVISION Date: ~L t.~ ,2002 Patient Accounting Services, Inc. ATTN: Clark C. Dunkle, III, President 101 Noble Boulevard Carlisle, PA 17013 RE: Manufacturers and Traders Trust Company, successor in interest to Keystone Financial Bank, N.A. vs. Patient Accounting Services, Inc. Cumberland County Court of Common Pleas, Pennsylvania Dear Mr. Dunkle: Manufacturers and Traders Trust Company, successor in interest to Keystone Financial Bank, N.A., has entered judgment by confession against Patient Accounting Services, Inc. in the Court of Common Pleas of Cumberland County, Pennsylvania, in the total amount of $110,710.41 plus interest at the contract rate from March 6, 2002 forward and costs of this proceeding. This judgment was entered to No. ~ _ , Cumberland County Court of Common Pleas. Enclosed please find true and correct copies of the following documents filed by Manufacturers and Traders Trust Company in the subject action: 2. 3. 4. Complaint in Confession of Judgment; Confession of Judgment; Certification of Addresses; and Affidavit of Commercial Transaction Cumberland County Prothonotary - Deputy Prothon~)tary c- If you have any questions regarding this Notice, please contact the filing party: NAME: ADDRESS: TELEPHONE: Mark G. Yoder, Esquire Bingaman, Hess, Coblentz & Bell, P.C. Treeview Corporate Center, Suite 100 2 Meridian Blvd., Wyomissing, PA 19610 610-374-8377 167903