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HomeMy WebLinkAbout06-7057 COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION PNCBANK,NATIONALASSOCIATION, ::' DOCKET NO. 0(" -1651 C(u~L'-r~ Plaintiff l v. : CONFESSION OF JUDGMENT QUILLEN DEVELOPMENT, INe., Defendant : PREVIOUSLY ASSIGNED TO: N/ A CONFESSION OF JUDGMENT Pursuant to the authority contained in the warrant of attorney, the original or a copy of which is attached to the complaint filed in this action, I appear for the Defendant and confess judgment in favor of the Plaintiff and against Defendant as follows: a. b. Principal Interest to December 7, 2006 Late Charge Attorneys' Fees $ 816,395.01 $ 13,336.04 $ 100.00 $ R?,971 1 0 c. c. TOTAL: $912,804.15, plus interest, other expenses, fees and costs Respectfully submitted, McNees Wallace & Nurick LLC Date: December 7, 2006 By: If, Esquire upreme ourt ill #24848 100 Pine Street, PO Box 1166 Harrisburg, P A 17108-1166 (717) 237-5439 Attorneys for Plaintiff COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION PNCBANK,NATIONALASSOCIATION, : DOCKET NO. Ot. -/DS7 Q~,,'L~~ Plaintiff I v. : CONFESSION OF JUDGMENT QUILLEN DEVELOPMENT, INC., Defendant : PREVIOUSLY ASSIGNED TO: N/ A COMPLAINT FOR CONFESSION OF JUDGMENT UNDER RULE 2951 1. The Plaintiff, PNC Bank, National Association, is a national banking association organized and existing under the laws of the United States of America with a principal regional office located at 4242 Carlisle Pike, Camp Hill, Pennsylvania 17011 ("Bank"). 2. The Defendant, Quillen Development, Inc., is a Maryland corporation with an office located at 7 West Ridgley Road, Suite 100, Lutherville, MD 21093 (the "Defendant"). 3. Defendant executed and delivered to Bank a Discretionary Line of Credit Note dated December 6, 2005 (the "Note") in connection with a loan in the original principal amount of One Million Dollars ($1,000,000) (the "Loan"). A true and correct photostatic reproduction of the original Note is attached hereto as Exhibit "A" and made a part hereof. 4. Defendant executed and delivered to Bank a Disclosure for Confession of Judgment ("Disclosure for Confession"), a true and correct photostatic reproduction of the original of which is attached hereto as Exhibit "B" and made a part hereof. 5. Defendant is in default of Defendant's obligations to make payment to Bank as required in the Note. As a result of Defendant's default, Bank has demanded payment in full of all outstanding amounts as provided in the Note. A copy of Bank's demand dated October 30,2006, is attached hereto as Exhibit "C" and made a part hereof. 6. Judgment is not being entered by confession against a natural person in connection with a consumer credit transaction. 7. There has not been any assignment ofthe Note. 8. Judgment has not been entered on the Note in any jurisdiction. 9. The amount due to Bank as a result of Defendant's default is as follows: a. Principal $ 816,395.01 b. Interest to December 7,2006 $ 13,336.04 c. Late Charge $ 100.00 c. Attorneys' Fees !iI R2,97110 TOTAL: $ 912,804.15 10. Interest continues to accrue at a rate at all times equal to Bank's Prime Rate in effect from time to time, plus three percent (3.0%). WHEREFORE, Plaintiff, PNC Bank, National Association, demands judgment against the Defendant, Quillen Development, Inc., in the amount of Nine Hundred Twelve Thousand Eight Hundred Four and 151100 Dollars ($912,804.15), plus interest at a rate at all times equal to Bank's Prime Rate in effect from time to time, plus three percent (3.0%) through the date of payment, including on and after the date of entry of judgment on this Complaint, and for other expenses, fees and costs to which the Plaintiff may be entitled. Respectfully submitted, Date: December 7, 2006 McNees Wallace & Nurick LLC By: //f/d ~~~~~~~ire Supreme CoUrt ill #24848 100 Pine Street, PO Box 1166 Harrisburg, P A 17108-1166 (717) 237-5439 Attorneys for Plaintiff COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION PNC BANK, NATIONAL ASSOCIATION, : DOCKET NO. Plaintiff v. : CONFESSION OF JUDGMENT QUILLEN DEVELOPMENT, INC., Defendant : PREVIOUSLY ASSIGNED TO: N/ A VERIFICATION I, Eric D. Krimmel, Vice President, for PNC Bank, National Association, being authorized to do so on behalf of PNC Bank, National Association, hereby verify that the statements made in the foregoing pleading are true and correct to the best of my information, knowledge and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. PNC BANK, NATIONAL ASSOCIATION Date: (2-(" lo~ By: &D I::-- -Q Eric D. Krimmel Vice President Discretionary Line of Credit Note (Multi-Rate Options) o PNCBAN< $1,000,000 December 6, 2005 FOR VALUE RECEIVED, QUILLEN DEVELOPMENT, INC., a Maryland corporation (the "Borrower"), with an address at 7 West Ridgley Road, Suite 100, Lutherville, Maryland 21093, 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, Pennsylvania 17011, or at such other location as the Bank may designate from time to time, the principal sum of ONE MILLION DOLLARS ($1,000,000) (the "Facility") or such lesser amount as may be advanced to or for the benefit of the Borrower hereunder, together with interest accruing on the outstanding principal balance from the date hereof, as provided below. 1. Discretionary Advances: Pavment of Principal. THIS IS NOT A COMMITTED LINE OF CREDIT AND ADVANCES UNDER THIS NOTE, IF ANY, SHALL BE MADE BY THE BANK IN ITS SOLE DISCRETION. NOTHING CONTAINED IN THIS NOTE OR ANY OTHER LOAN DOCUMENTS SHALL BE CONSTRUED TO OBLIGATE THE BANK TO MAKE ANY ADVANCES. THE BANK SHALL HAVE THE RIGHT TO REFUSE TO MAKE ANY ADVANCES AT ANY TIME WITHOUT PRIOR NOTICE TO THE BORROWER. The Borrower may request advances hereunder until December 6, 2007 (the "Maturity Date"), subject to the terms and conditions of this Note and the Loan Documents (as hereinafter defined). Principal shall be due and payable in full upon the earlier to occur of the sale of the Property (as defined in the Open-End Mortgage and Security Agreement of even date by QD Newberry, LP to Bank) to U.S. Home Corporation, d/b/a Lennar,or the - Maturity Date. 2. Rate of Interest. Each advance outstanding under this Note will bear interest at a rate or rates per annum as may be selected by the Borrower from the interest rate options set forth below (each, an "Option"): (i) Base Rate Option. A rate of interest per annum which is at all times equal to the Prime Rate ("Base Rate"). For purposes hereof, the term "Prime Rate" shall mean the rate publicly announced by the Bank from time to time as its prime rate. The Prime Rate is determined from time to time by the Bank as a means of pricing some loans to its borrowers. The Prime Rate is not tied to any external rate of interest or index, and does not necessarily reflect the lowest rate of interest actually charged by the Bank to any particular class or category of customers. If and when the Prime Rate changes, the rate of interest with respect to any amounts to which the Base Rate Option applies will change automatically without notice to the Borrower, effective on the date of any such change. There are no required minimum interest periods for amounts bearing interest under the Base Rate Option. (ii) LmOR Option. A rate per annum equal to (A) LIDOR plus (B) two hundred fifty (250) basis points (2.50%), for the applicable LIDOR Interest Period. For purposes hereof, the following terms shall have the following meanings: "Business Day" shall mean any day other than a Saturday or Sunday or a legal holiday on which commercial banks are authorized or required by law to be closed for business in Camp Hill, Pennsylvania. "LmOR" shall mean, with respect to any amount to which the LIDOR Option applies for the applicable LIDOR Interest Period, the interest rate per annum determined by the Bank by dividing (the resulting quotient rounded upwards, if necessary, to the nearest 1I1OOth of 1 %) (i) the rate of interest determined by Form 8L - Multistate Rev. 1/02 E )l","\otT ('A'" the Bank in, accordance with its usual procedures (which determination shall be conclusive absent manifest error) to be the eurodollar rate two (2) Business Days prior to the first day of such LillOR Interest Period for such amount and having a borrowing date and a maturity comparable to such LillOR Interest Period by (H) a number equal to 1.00 minus the LillOR Reserve Percentage. "LmOR Interest Period" shall mean, with respect to any amount to which the LillOR Option applies, the period of one (1) (or such lesser or greater period as requested by the Borrower and agreed to by the Bank in its sole discretion), two (2), or three (3) months as selected by the Borrower on the date of disbursement of such amount (or the date of conversion of any amount to the LillOR Option, as the case may be) and each successive period selected by the Borrower thereafter; provided that. (i) if a LillOR Interest Period would end on a day which is not a Business Day, it shall end on the next succeeding Business Day unless such day falls in the next succeeding calendar month in which case the LillOR Interest Period shall end on the next preceding Business Day, (H) the Borrower may not select a LillOR Interest Period that would end on a day after the Maturity Date (as hereinafter defined), and (Hi) any LillOR Interest Period that begins on the last Business Day of a calendar month (or a day for which there is no numerically corresponding day in the last calendar month of such LillOR Interest Period) shall end on the last Business Day of the last calendar month of such LillOR Interest Period. "LmOR Reserve Percentage" shall mean the maximum effective percentage in effect on such day as prescribed by the Board of Governors of the Federal Reserve System (or any successor) for determining the reserve requirements (including, without limitation, supplemental, marginal and emergency reserve requirements) with respect to eurocurrency funding (currently referred to as "Eurocurrency liabilities"). LillOR shall be adjusted with respect to any amounts to which the LillOR Option applies on and as of the effective date of any change in the LillOR Reserve Percentage. The Bank shall give prompt notice to the Borrower of LillOR as determined or adjusted in accordance herewith, which determination shall be conclusive absent manifest error. If the Bank determines in the exercise of good faith business judgment that, by reason of circumstances affecting the eurodollar market generally, deposits in dollars (in the applicable amounts) are not being offered to banks in the eurodollar market for the selected term, or adequate means do not exist for ascertaining LillOR, then the Bank shall give notice thereof to the Borrower. Thereafter, until the Bank notifies the Borrower that the circumstances giving rise to such suspension no longer exist, (a) the availability of the LillOR Option shall be suspended, and (b) the interest rate for all amounts then bearing interest under the LillOR Option shall be converted at the expiration ofthe then current LillOR Interest Period(s) to the Base Rate. In addition, if, after the date of this Note, the Bank shall determine in the exercise of good faith business judgment that any enactment, promulgation or adoption of or any change in any applicable law, rule or regulation, or any change in the interpretation or administration thereof by a governmental authority, central bank or comparable agency charged with the interpretation or administration thereof, or compliance by the Bank with any guideline, request or directive (whether or not having the force of law) of any such authority, central bank or comparable agency shall make it unlawful or impossible for the Bank to make or maintain or fund loans based on LillOR, the Bank shall notify the Borrower. Upon receipt of such notice, until the Bank notifies the Borrower that the circumstances giving rise to such determination no longer apply, (a) the availability of the LillOR Option shall be suspended, and (b) the interest rate on all amounts then bearing interest under the LillOR Option shall be converted to the Base Rate either (i) on the last day of the then current LillOR Interest Period(s) if the Bank may lawfully continue to maintain or fund loans based on LIBOR to such day, or (H) immediately if the Bank may not lawfully continue to maintain or fund loans based on LillOR. The foregoing notwithstanding, it is understood that the Borrower may select different Options to apply simultaneously to different portions of this Note and may select up to five (5) different interest periods to apply simultaneously to different portions of this Note including the Base Rate Option. Interest hereunder will be - 2 - Form 8L - Multistate Rev. 1/02 calculated based on the actual number of days that principal is outstanding over a year of 360 days. In no event will the rate of interest hereunder exceed the maximum rate allowed by law. 3. Interest Rate Election. Subject to the terms and conditions of this Note, at the end of each interest period applicable to any advance, the Borrower may renew the Option applicable to such amounts or convert such amounts to a different Option; provided that, during any period in which any Event of Default (as hereinafter defined) has occurred and is continuing, any amounts bearing interest under the LillOR Option shall, at the Bank's sole discretion, be converted at the end of the applicable LillOR Interest Period to the Base Rate and the LillOR Option will not be available to Borrower with respect to the conversion or renewal of any other amounts until such Event of Default has been cured by the Borrower or waived by the Bank. The Borrower shall notify the Bank of each election of an Option, each conversion from one Option to another, the amount of the portions hereunder to be allocated to each Option and where relevant the interest periods therefor. In the case of converting to the LillOR Option, such notice shall be given at least three (3) Business Days prior to the commencement of any LillOR Interest Period. If no interest period is specified in any such notice for an amount that is to bear interest under the LillOR Option, the Borrower shall be deemed to have selected a LillOR Interest Period of one month's duration. If no notice of election, conversion or renewal is timely received by the Bank with respect to any amount hereunder, the Borrower shall be deemed to have elected the Base Rate Option therefor. Any such election shall be promptly confirmed in writing by such method as the Bank may require. 4. Payment Terms. The Borrower shall pay accrued interest on the unpaid principal balance of this Note in arrears (a) on the 1st day of each month during the term hereof, and (b) for all outstanding amounts, at maturity, whether by acceleration of this Note or otherwise, and after maturity, on demand until paid 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 hereunder. 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. 5. 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%) 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 Prime Rate but not more than the maximum rate allowed by law (the "Default Rate"). As used herein, "Prime Rate" shall mean the rate publicly announced by the Bank from time to time as its prime rate. The Prime Rate is determined from time to time by the Bank as a means of pricing some loans to its borrowers. The Prime Rate is not tied to any external rate of interest or index, and does not necessarily reflect the lowest rate of interest actually charged by the Bank to any particular class or category of customers. If and when the Prime Rate changes, the rate of interest on this Note will change automatically without notice to the Borrower, effective on the date of any such change. 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. - 3 - Form 8L - Multistate Rev. 1/02 6. 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 7 below. 7. Yield Protection: Break Fundin2 Indemnification. The Borrower shall pay to the Bank, on written demand therefor, together with the written evidence of the justification therefor, all direct costs incurred, losses suffered or payments made by Bank by reason of any change in law or regulation or its interpretation imposing any reserve, deposit, allocation of capital, or similar requirement (including without limitation, Regulation D of the Board of Governors of the Federal Reserve System) on the Bank, its holding company or any of their respective assets. In addition, 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 based upon 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 based upon 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 based upon a fixed rate on a day other than the last day of the applicable interest period. 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. 8. Other Loan Documents. This Note is issued pursuant to the confirmation letter between the Bank and the Borrower 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. 9. 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); (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 -4- Form 8L - Multistate Rev. 1/02 Obligor or, if any Obligor is 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. Upon the occurrence of an Event of Default: (a) 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; (b) 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; (c) 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 (d) the Bank may exercise from time to time any of the rights and remedies available under the Loan Documents or under applicable law. 10. Power to Confess Jud2ment. 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 hereof 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. 11. Ri2ht 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. 12. Indemnitv. 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 - 5 - Form 8L - Multistate Rev. 1/02 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, 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. 13. 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, fust-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 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. 14. 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 DOCUMENTS. THE BORROWER ACKNOWLEDGES THAT THE FOREGOING WAIVER IS KNOWING AND VOLUNTARY. - 6- Form 8L - Multistate Rev. 1/02 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: QUILLEN DEVELOPMENT, INC., a Maryland corporation ?::l~ By: (SEAL) I \ -7- Form 8L - Multistate Rev. 1/02 Disclosure for Confession of Judgment Undersigned: QUILLEN DEVELOPMENT, INC. 7 West Ridgley Road, Suite 100 Lutherville, MD 21093 Lender: PNC Bank, National Association 4242 Carlisle Pike Camp Hill, PA 17011 The undersigned has executed, and/or is executing, on or about the date hereof, a Discretionary Line or Credit Note in the principal amount of up to $1,000,000, under which the undersigned is obligated to repay monies to Lender. A. THE UNDERSIGNED ACKNOWLEDGES AND AGREES THAT THE ABOVE DOCUMENTS CONTAIN PROVISIONS UNDER WHICH LENDER MAY ENTER JUDGMENT BY CONFESSION AGAINST THE UNDERSIGNED. BEING FULLY AWARE OF ITS RIGHTS TO PRIOR NOTICE AND A HEARING ON THE VALIDITY OF ANY JUDGMENT OR OTHER CLAIMS THAT MAY BE ASSERTED AGAINST IT BY LENDER THEREUNDER BEFORE JUDGMENT IS ENTERED, THE UNDERSIGNED HEREBY FREELY, KNOWINGLY AND INTELLIGENTLY WAIVES THESE RIGHTS AND EXPRESSLY AGREES AND CONSENTS TO LENDER'S ENTERING JUDGMENT AGAINST IT BY CONFESSION PURSUANT TO THE TERMS THEREOF. B. THE UNDERSIGNED ALSO ACKNOWLEDGES AND AGREES THAT THE ABOVE DOCUMENTS CONTAIN PROVISIONS UNDER WHICH LENDER MAY, AFrER ENTRY OF JUDGMENT AND WITHOUT EITHER NOTICE OR A HEARING, FORECLOSE UPON, ArrACH, LEVY, TAKE POSSESSION OF OR OTHERWISE SEIZE PROPERTY OF THE UNDERSIGNED IN FULL OR PARTIAL PAYMENT OF THE JUDGMENT. BEING FULLY AWARE OF ITS RIGHTS AFTER JUDGMENT IS ENTERED (INCLUDING THE RIGHT TO MOVE TO OPEN OR STRIKE THE JUDGMENT), THE UNDERSIGNED HEREBY FREELY, KNOWINGLY AND INTELLIGENTLY WAIVES ITS RIGHTS TO NOTICE AND A HEARING AND EXPRESSLY AGREES AND CONSENTS TO LENDER'S TAKING SUCH ACI10NS AS MAY BE PERMlTIED UNDER APPLICABLE STATE AND FEDERAL LAW WITHOUT PRIOR NOTICE TO THE UNDERSIGNED. C. The undersigned certifies that a representative of Lender specifically called the confession of judgment provisions in the above documents to the attention of the undersigned, and/or that the undersigned was represented by legal counsel in connection with the above documents. D. The undersigned hereby certifies: that its annual income exceeds $10,000; that all references to "the undersigned" above refer to all persons and entities signing below; and that the undersigned received a copy hereof at the time of signing. Dated: December 6, 2005 WITNESS/ATTEST: QUILLEN DEVELOPMENT, INC., a Maryland corporation /.7--. By: es P. Quillen, Jr., President (SEAL) 81-m-p.doc - 8 - Form 8L - Multistate Rev. 1/02 E y... ~ \ 10 ~ '\- (( B ,\ . . . ,. .. & . ""'" ....n..a,.~ .,,,.., & .V.l,,....., n.tr.;II...,,,,,...~.& ""'1' . 4242 Carlisle Pike Camp Hill, PA 17011 E-mail: eric.krimmel~nc.com IlIru: u. JU"lwmCI Vice President (717) 730-2492 Tel (717) 730-2373 Fax 0PNCBANK October 30, 2006 Mr. James P. Quillen, Jr., President Quillen Development, Inc. 7 West Ridgley Road Suite 100 Lutherville, MD 21093 In re: Quillen Development, Ine. Obligor No.: 32241804-765348 Discretionary Line of CredIt Note Dated as of December 6, 2005 (the "Note"), From Quillen Development, Inc. (the "Borrower") to PNC Bank, National Association (the "Bank") Dear Mr. Quillen: Dear QuilIen Development, Inc.: As you know, you are obligated to the Bank for the above-referenced loan (the "Loan"), as evidenced by the Note, Letter Agreement, Mortgage, and other related loan documents (the "Loan Documents"). As you also know, you are in default under the Loan and Loan Documents as a result of the Borrower's failure to comply with Section 9(iii) of the Note (arising from James P. Quillen's filing of a bankruptcy petition), which constitutes an Event of Default under the Agreement. A default letter was hand delivered to you on October 20, 2006. As a result of the above Event of Default, all liabilities and obligations under the Loan and Loan Documents have been accelerated and alIliabilities and obligations WIder the Loan and Loan Documents are immediately due and payable to the Bank. As of this date the amoWIt due under the Loan and Loan Documents are as folIows: Oblilwr No.: 32241804-765348 (Discretionarv Line oCCredit Loan) Principal $816,395.01 Interest to 10/30/06 4.969.71 Total $821,364.72 plus prepayment costs, attorney fees, and other costs. In addition, pursuant to the terms of the Loan Documents you are hereby notified that effective this date the Bank has exercised its right to (I) covert any amounts bearing interest under the LIBOR Option, at the end of the applicable LIBOR Interest Period, to the Base Rate, and (2) increase the Interest Rate to the Default Rate of the Bank's Base Rate + 3.00010 immediately for any amounts bearing interest under the Base Rate Option, and upon conversion to the Base Rate for any amounts bearing interest under the LIBOR Option. Please be advised that unless payment in full is immediately delivered to the Bank in immediately available funds. the Bank shall take all action it deems appropriate to collect the above sums due and owing, preserve, protect and enforce its rights WIder the Loan and Loan Documents. Please contact me at the address indicated on this letter to make arrangements to immediately payoff the above- referenced loan. Also, the Bank reserves the right to revise and notifY you of any change in the payoff sum due to unforeseen circumstances, calculation errors. and amounts payable by you, which are not included in the payoff sum or otherwise. Member of The PNC Financial Services Group 4242 Carlisle Pike Camp Hill Pennsylvania 17011 www.pnC.com t X\r.\ 'cd- (c ')) C . - . , Mr. James P. Quillen, Jr., President October 30, 2006 Page 2 Very truly yours, PNC Bank, National Association ~p t::--:Q Eric D. Krimmel Vice President Certified Mail No.: 7099 3400 00133801 6176 cc: Regular Mail James P. Quillen, Jr. QD Newberry, LP Mark Gittelman, Esquire t ']v ~ ~ ~ , :-<> - ~ F --- ........ D n 1'"'-.) ~ :~ 0 ~ \-. 11 G '. C.l' ~ (=, .~ ~ r~r-: -,.- ~ (N C.) i'l1 ;2: ~ cq ......".; L (,) - "b :k'-....>> ~r.! [i\'. :.A:: :. ) t -" - C5,n (' - . . :r;! ("'... ~ :;:;- ~o (,.;-.; -< COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION PNC BANK, NATIONAL ASSOCIATION, : DOCKET NO. C:l.". -76S7 {!, u\.:L~~ Plaintiff v. : CONFESSION OF JUDGMENT QUILLEN DEVELOPMENT, INC., Defendant : PREVIOUSLY ASSIGNED TO: N/ A AFFIDAVIT OF NON-MILITARY SERVICE TO THE PROTHONOTARY: I do certify, to the best of my knowledge, that the Defendant, Quillen Development, Inc., in the above-captioned action is not presently on active or nonactive military status. Respectfully submitted, McNees Wallace & Nurick LLC G offr ". Huff, squire reme Court ill #24848 100 Pine Street, PO Box 1166 Harrisburg, P A 17108-1166 (717) 237-5439 Attorneys for Plaintiff Date: December 7, 2006 By: n ~; ...:---:- :;. .~, r--.:> = C::;) en CJ rTl ('"") o --n -4 :e,l n1.p -r't rr~ ~~~( c;} "'.::~O .:..1 -'"f, ~~~ ":> ~-l )> ::p --< ~ ,.1::- U1 COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION PNC BANK, NATIONAL ASSOCIATION, : DOCKET NO. Ci.- -tDS7 G(,)I:L'-t-~ Plaintiff - l v. : CONFESSION OF JUDGMENT QUILLEN DEVELOPMENT, INC., Defendant : PREVIOUSLY ASSIGNED TO: N/ A CERTIFICATE OF ADDRESSES I hereby certify that the precise address of Plaintiff, PNC Bank, National Association, is 4242 Carlisle Pike, Camp Hill, Pennsylvania 17011; and that the last known address of the Defendant, Quillen Development, Inc., is 7 West Ridgley Road, Suite 100, Lutherville, MD 21093. Respectfully submitted, McNees Wallace & Nurick LLC Date: December 7, 2006 By: . hu Supreme Cou #24848 100 Pine Street, PO Box 1166 Harrisburg, PAl 71 08-1166 (717) 237-5439 Attorneys for Plaintiff t-.) = c=' c...""""'"' o " ::? In '"Tl .- -om j)C7 : -~-1 ~~~.\ CJ r-q c-) :r;:.. -"'i-':t" ,_., -"'J, :E~~~ >1 :n -< .r- U1 COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION PNCBANK,NATIONALASSOCIATION, : DOCKET NO. 0<. _ '1057 /J 1'--- Plaintiff L:;u ~ L Ie;; v. : CONFESSION OF JUDGMENT QUILLEN DEVELOPMENT, INC., Defendant : PREVIOUSLY ASSIGNED TO: N/ A PRAECIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please enter my appearance on behalf of Plaintiff, PNC Bank, National Association. Papers may be served at the address set forth below. Geoffrey S. Shuff, Esquire McNees Wallace & Nurick LLC 100 Pine Street, PO Box 1166 Harrisburg, P A 17108-1166 (717) 237-5439 Respectfully submitted, McNees Wallace & Nurick LLC Date: December 7, 2006 By: ( . Shu , Esquire Supreme Cou #24848 100 Pine Str~t, PO Box 1166 Harrisburg, P A 17108-1166 (717) 237-5439 Attorneys for Plaintiff c~ r--:> 0 ,1 = s= =, ., c::-. ..~ 1':::1 :1:! P-I "Tl c-:r rn p rT~ ~"" , () ::r..:.~ ". ~~l -',\1-" ~~f~ -. ---1 .... :t <- 01 -< ~- ^' .. COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION PNC BANK, NATIONAL ASSOCIATION, : DOCKET NO. Ol... -16S7 C;U ~L ~€A....~ Plaintiff 1 v. : CONFESSION OF JUDGMENT QUILLEN DEVELOPMENT, INC., Defendant : PREVIOUSLY ASSIGNED TO: N/A NOTICES IN CONNECTION WITH JUDGMENTS BY CONFESSION REQUIRED BY 42 Pa. C.S.A. ~ 2737.1 (Act 105 of 2000) To: Quillen Development, Inc. Pursuant to 42 Pa. C.S. ~ 2737.1. please take notice that the Plaintiff in this matter has entered a judgment by confession against you in the amount of $912,804.15, plus interest, other expenses, fees and costs. You are entitled to file a petition to "strike" or "open" the judgment. In order to do so, you must promptly file a petition with the Court of Common Pleas of Cumberland County, Pennsylvania, as required by Rule 2959 of the Pennsylvania Rules of Civil Procedure. You will file a petition by leaving it with the courts or Prothonotary at the courthouse in Carlisle, Cumberland County, Pennsylvania. A petition is a formal statement of your reasons for challenging the judgment. You must include the names of the parties at the top of the first page and the case number, which is shown above. The petition must state your reasons for challenging the judgment is a separate numbered paragraphs. You have to sign the petition and include a sworn statement at the end of the document verifying that the facts you state in the petition are true and accurate. You will waive any defenses and objections not included in your petition to strike or open. You must therefore make every effort to raise all possible issues and defenses in your petition to strike or open in order to avoid waiving any claims. If you elect to file a petition, it must meet the requirements of Rule 2959 of the Rules of Civil Procedure. A full copy of Rule 2959 is attached to this Notice. You may also have to comply with local rules of procedure in effect in the county where the judgment was entered. If you do not file a petition challenging the judgment, the Plaintiff may take steps to collect on the judgment by asking the Sheriff to seize your assets. You may have other rights available to you other than as set forth in this notice. You should take this paper to your lawyer at once. If you do not have a lawyer, go to or telephone the office set forth below. This office can provide you with information about hiring a lawyer. (, ~ Iv If you cannot afford to hire a lawyer, this office may be able to provide you with information about agencies that may offer legal services to eligible persons at a reduced fee or no fee. Cumberland County Bar Association 32 South Bedford Street Carlisle, P A 17013 (717) 249-3166 or 1-800-990-9108 Corporations may be unable to represent themselves in court. If the defendants include a corporation, the corporation must appear through an attorney if it intends to challenge the judgment. You may receive other papers and notices regarding the judgment. Those other papers do not negate or override this Notice. Likewise, this Notice is not intended to and does not negate any of the notices or information obtained in other papers that may be served upon you. We reiterate that you are required to act promptly if you wish to seek relief from the judgment. Under certain circumstances, you have only 30 days in which to file a petition after papers are served on you. Even if the 30 day rule does not apply, you must act promptly in order to protect your interests. Failing to act in a timely manner will render you unable to challenge the judgment at a later time. Pursuant to 40 Pa. C.S.A. Section 2737.1, if you have been incorrectly identified and had a confession or judgment entered against you, you are entitled to costs and reasonable attorney fees as determined by the court. Respectfully submitted, McNees Wallace & Nurick LLC Date: December 7, 2006 By: ffre S e Co ill #24848 100 Pine Street, PO Box 1166 Harrisburg, P A 17108-1166 (717) 237-5439 Attorneys for Plaintiff "IIIIl J . ... Pennsylvania Rule of Civil Procedure 2959 - Strikin2 off Jud2ment (a)(l) 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 Pennsylvania Rule of Civil Procedure 2958.3 or Rule 2973.3. (3) If written notice is served upon the petitioner pursuant to Rule 2956.l(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. (t) 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. o c:- -='~ ~:',. r-.:> c:.~ c:.:> cr- t:-' rTl (I o -11 -{ I-n nip m i~) (~j -'T, :t;:-.. :1:.~ r en ~. , COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION PNCBANK,NATIONALASSOCIATlON, : DOCKET NO. Ol. -7DS7 Plaintiff CL~~'( l v. : CONFESSION OF JUDGMENT QUILLEN DEVELOPMENT, INC., Defendant : PREVIOUSLY ASSIGNED TO: N/ A NOTICE UNDER RULE 2958.1 OF JUDGMENT AND EXECUTION THEREON NOTICE OF DEFENDANT'S RIGHTS TO: Quillen Development, Inc. A judgment in the amount of $912,804.15, plus interest, other expenses, fees and costs 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 DATE ON WHICH THIS NOTICE IS SERVED ON YOU OR YOU MAY LOSE YOUR RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGffiLE PERSONS AT A REDUCED FEE OR NO FEE. '. ~ Date: December 7, 2006 Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 or 1-800-990-9108 Respectfully submitted, McNees Wallace & Nurick LLC By: (") c ,....", = C-"J 0''''' o -"\1 ::;:! -'-~ rnr:_' iT: C ~~-; o r-'-I r) ;:x::.. c....r: , ~I :jf'l ;~~ c~ 'J :<. " t --,. COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION PNC BANK, NATIONALASSOCIATION,. : DOCKET NO. Ol... -1DS7 CZ;uL'-r~...., Plaintiff v. : CONFESSION OF JUDGMENT QUILLEN DEVELOPMENT, INC., Defendant : PREVIOUSLY ASSIGNED TO: N/ A To: Quillen Development, Inc., Defendant You are hereby notified that on V~{'" I{ entered against you in the sum of$912,804.15, in the DATE: Id.../ II lOb 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, P A 17013 (717) 249-3166 or 1-800-990-9108 I hereby certify that the following is the address of the Defendant stated in the certificate of residence: Quillen Development, Inc. 7 West Ridgley Road, Suite 100, Lutherville, MD 21093 Atto ( A, Quillen Development, Inc., Demandado(s) Por este medio sea avisado que en el dia de de 2006, un fallo por admision fue registrado contra usted por la conti dad de $912,804.15, del caso antes escrito. Fecha: el dia de de 2006 Protonotario LLEVE ESTA DEMANDA A UN ABODAGO IMMEDIATAMENTE. SI NO TIENE ABOGADO 0 SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA A LLAME POR TELEFONO A LA OFICINA CUY A DIRECCION SE ENCUENTRA ESCRIT A ABAJO PARA A VERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. Cumberland County Bar Association 32 South Bedford Street Carlisle, P A 17013 (717) 249-3166 or 1-800-990-9108 Por este medio certifico que 10 siguiente es la direccion del demandado dicho en el certificado de residencia: Quillen Development, Inc. 7 West Ridgley Road, Suite 100, Lutherville, MD 21093 ) lIo COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CNIL ACTION PNC BANK, NATIONAL ASSOCIATION, : DOCKET NO. 06-7057 CNIL TERM Plaintiff v. : CONFESSION OF JUDGMENT QUILLEN DEVELOPMENT, INC., Defendant : PREVIOUSLY ASSIGNED TO: N/ A RETURN OF SERVICE PURSUANT TO PA. R.C.P. No. 2958.1(c) Plaintiff, PNC Bank, National Association, hereby files this Return of Service and swears and affirms that the person or persons listed below was or were served pursuant to Pa. R.C.P. No. 2958.1(b) with the Notice of Judgment and Execution Required by Rule 2958.1 by certified mail, return receipt requested, as provided by Pa. R.C.P. No. 403. A copy of each receipt for certified mail is attached hereto. Quillen Development, Inc. 7 West Ridgley Road, Suite 100 Lutherville, MD 21093 Respectfully submitted, McNees Wallace & Nurick LLC Date: December 20, 2006 By: , Esquire Supreme Co D #24848 100 Pine Street, PO Box 1166 Harrisburg, P A 17108-1166 (717) 237-5439 Attorneys for Plaintiff ~ " ,-.._.;.;.~;..';;"~';.~-"'i.,;;~...-;'';..;'':'';..';'';'..;':;'-..';''",;,-"..;'';'';''''...;,.;...;;...;..;.'..;,:.....-;;;-;.;.;.;;.;.;,;,.;..-.;..;..;..-:.,;,..-..:. ',j 2. ArlIckt Number ;\ 1 !I 1I111UIIIIIIII 7.1.1.0 3'113. ...., Sl."i! i!3W 3. Service Type CERTIFIED MAIL 4. Restrict8d Delivery? (Extra Fee) Dyes 1,~~~to: Quillen Development, Inc. 7 West Ridgley Road, Suite 100 Lutherville, MD 21093 " x o. PNC Bank Geoffrey S. Shuff OAQlnl o "'*"-, D- ONG PS Form 3811, January 2005 Domestic Retum Receipt 71~D 3RD1 9849 5142 23~8 TO: Quillen Development, Inc. 7 West Ridgley Road, Suite 100 Lutherville, MD 21093 SENDER: Geoffrey S. Shuff REFERENCE: PNC Bank PS Form 3800 Janua 2005 RETURN Postage RECEIPT Certified Fes SERVICE Retum Receipt Fee Reslricled D8/1v8 Total Postage & Fees US PoataI Servfoe Receipt for Certified Mall No II1IUl8I'IClI CcMrage ProvIded Do Not Ute for InternaIIonII Mal 1';.1 = (:::J 0-- o -n -I :."C-n nlp '" C) , CJ rri CJ r-., j -'; ~ "-n" -- N .- <-.11 0.)