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HomeMy WebLinkAbout00-02845 ^ ~ ~ ;t L ~ " ~ PNC BANK, NATIONAL ASSOCIATION, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA ! !; v. : NO. m" ;:;<6-0,j tt;;J EDWARD V. KELLOGG AND MARY E.P. KELLOGG, : CIVll.. ACTION - LAW Defendants : CONFESSION OF JUDGMENT i-" I;' ;:.:, CONFESSION OF JUDGMENT (~ ~, 1'1 'J J li t I f i, 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 Defendants and confess judgment in favor of the Plaintiff and against Defendants as follows: Principal $396,392.61 + ,. , l. Other authorized items: Interest to May 2, 2000 $ 3,535.51 I I l~ Attorney's Commission $ 39,992.00 I r I " " TOTAL $439,920.12 i . . ! Respectfully submitted, SAIDIS, SHUFF & MASLAND "''' jr tKJ By: arl . Lede ohm, Esquire Supreme Court ill #59012 2109 Market Street Camp Hill, PA 170ll (717) 737-3405 .. . , ," ~-~, - __ _-" _,_ -"" _~ _, ,J . '_ ~_,__v, -, " _, =" . ~" J . PNC BANK, NATIONAL ASSOCIATION, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYL V AN1A : NO. v, EDWARD V. KELLOGG AND MARY E.P. KELLOGG, : CIVIL ACTION - LAW : CONFESSION OF JUDGMENT Defendants COMPLAINT FOR CONFESSION OF JUDGMENT UNDER RULE 2951 1. The name and address of the Plaintiff is PNC Bank, National Association, 4242 Carlisle Pike, Camp Hill, Cumberland County, Pennsylvania 17011. 2. The names and last known address of the Defendants is Edward V, Kellogg and Mary E.P. Kellogg, 816 Anthony Drive, Mechanicsburg, Cumberland County, Pennsylvania 17055. 3. Defendants Edward V. Kellogg and Mary E.P. Kellogg ("Defendants") executed and delivered to Plaintiff a Commercial Guaranty ("Guaranty"), a true and correct photostatic reproduction of the original of which is attached hereto as Exhibit "A" and made a part hereof. 4. The Defendants under the Guaranty, guaranty to Plaintiff the payment of all amounts due to Plaintiff by Spectra Services, Inc. ("Debtor") under, inter alia, the Promissory Note dated February 12, 1999, in the original principal amount of $400,000.00 (the "Note"). A true and correct photostatic copy of the Note is attached hereto as Exhibit "B" and made part hereof. 5. Defendants are in default of Defendants' obligations to make payment to Plaintiff as required under the Guaranty and Debtors are in default of Debtor's obligations to make payment to Plaintiff as required in the Note. 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 of the Note. 1 . ~ ~ L " C; " i: i I" i" k c f' i: l~ f I I , I , I:; ,..); ,--,' i:',: J.y ~;; ~t it! I', fA ~ff- ,r, ~ ht_: ~ t ~ r I ~ I ! H_ -'-...1 ,. ~ , L , , i , [ '-' 8. Judgment has not been entered on the Note in any jurisdiction. I"~ " 9. An itemized computation of the amount due to Plaintiff by Defendants as a result of r' " Ii I} 1;1 f; ! I Debtor's default is as follows: a. Principal $396,392.61 $ 3,535.51 $ 39.992.00 [ Ii i' ~i I r i ~I' [ ~ I I" f' t ! b. Interest to May 2, 2000 c. Attorney's Commission TOTAL $439,920.12 10. Interest continues to accrue at the rate of One Uundred Ten and 11/100 Dollars ($11O.11) per day as provided in the Note. I:;:: WHEREFORE, Plaintiff demands judgment against Defendants, Edward V. Kellogg and Mary ti ",-, ~- E.P. Kellogg, as authorized by the warrant of attorney contained in the Guaranty for Four Hundred , [:, ! L I~ hi t'f,~ ~ Thirty-Nine Thousand Nine Hundred Twenty and 12/100 Dollars ($439,920.12), plus interest from and including the date of this Complaint and judgment entered hereon at the rate provided in the Note and costs of suit. ~.1fd By: [.f W t ~ " " ~ I I , I Respectfully submitted, SAIDlS, SHUFF & MASLAND I M. Ledebohm, Esquire Supreme Court ill #59012 2109 Market Street Camp Hill, PA 17011 (717) 737-3405 Attorney for Plaintiff 2 -- lit ~ ....-........ .......,.1 -'-"- ;l...:!. H COMMERCIAL GUARJ... J TV [ , I~' , Borrower: SPECTRA SERVICES, INC. (TIN: 232474730) 211 SIXTH STREET NEW CUMBERLAND, PA 17070 Guarantor: EDWARD V. KaLOGG and MARY E.P. KaLOGG 816 ANTHONY DRIVE MECHANICSBURG, PA 17055 Lender: PNC BANK, NATIONAL ASSOCIATION 4242 CARLISLE PIKE CAMP HILL, PA 17001-8874 ~ , , i; References in the shaded area are for Lende~s use only and do not limit the applicability of this document to an 1- AMOUNT OF GUARANTY. The amount of this Guaranty Is Unlimited. CONTINUING UNLIMITED GUARANTY. For goCCl and valuable consideration, EDWARD V. KaLOGG and MARY E.P. KaLOGG ("Guarantor") absolutely and Unconditionally guarantee and promise to pay, Jointly and severally, to PNC BANK,NA TIONAL ASSOCIATION ("Lender") or Its order, In legal tender of the United States of Amerlca, the Indebtedness (as that term Is defined below) of SPECTRA SERVICES, INC. ("Borrower") to Lender on the terms and condlllons set forth In this Guaranty. Under thIs Guaranty, the liability of Guarantor Is unlimited and the obligations of Guarantor are continuing. DEFINITIONS. The following words shall have the following meanings when used in this Guaranty; Borrower. The word "Borrower" means SPECTRA SERVICES, INC.. Guarantor. The word "Guarantor" means EDWARD V. KELLOGG and MARY E.P. KELLOGG, who are signing this Guaranty jointly and severaHy. Guaranty. The word "Guaranty" means this Guaranty made by Guarantor for the benefit of lender dated February 12, 1999. Indebtedness. The word "Indebtedness" is used in its most comprehensive sense and means and includes any and aH of Borrowar's liabilities, obligations, debts, and indebtedness to Lender, now existing or hereinafter incurred or created, Including, without IimltaUon, all loans, advances, Interest, costs, dabts, overdraft indebtedness, credit card indebtedness, lease obligations, other obligations, and liabilities of Borrower, or any of them, and any present or future jUdgments against Borrower, or any of them; and whether any such Indebtedness Is voluntarily or Involuntarily incurred, due or not due, absolute or conlingent, liquidated or unliquidated, determined or undetermined; whether Borrower may be liable individually or jointly with others, or primarily or secondarily, or as guarantor or surety; whether recovery on the indebtedness may be or may become barred or unenforceable against Borrower for any reason whatsoever, and whether the Indebtedness arises from transactions Which may be voidable on account of infancy, insanity, ultra vires, or otherwise. Lender. The word "lender" means PNC BANK, NATIONAL ASSOCIATION, Its successors and assigns. Related Documents. The words "Related Documents" mean and include without limitation an promiSSOry notes, credit agreements, loan agreements, environmental agreements, guaranties, security agreements, mortgages, deeds of trust, and all other instruments, agreements and documents, whether now or hereafter existing, executed in connection with the Indebtedness. NATURE OF GUARANTY. Guaranto~s liability under this Guaranty shall be open and continuous for so long as this Guaranty remains In foree. Guarantor intends to guarantee at all times the performance and prompt payment when due, whether at meturity or eerlier by raason of acceleration or otherwise, of all Indebtedness. Accordingly, no payments made upon the Indebtedness will discharge or diminish the continuing liability of Guarantor in connection with any remaining portions of the Indebtedness or any of the Indebtedness which subsequenliy arises or is thereafter incurred or contracted. The obligations of Guarantors shall be joint and several. Lender may proceed against any of the Guarantors indiYiduaHy, against any group of Guarantors, or against all the Guarantors in one action, without affecting the right of Lender to proceed against other Guarantors for amounts that are covered by this Guaranty. Any inability Of Lender to proceed against any Guarantor (whether caused by actions of a Guarantor or of Lender) will not affect Lende~s right to proceed against any or all remaining Guarantors for all or part of the amounts covered by this Guaranty. DURATION OF GUARANTY. This Guaranty will take effect when received by Lender without the necessity of any aoceptance by Lender, or arty notice to Guarantor or to Borrower, and will continue in full force until all Indebtedness incurred or contracted before receipt by Lender of any notice of revocation shaH have been fully and finally paid and satisfied and all other obligations of Guarantor under this Guaranty shall have been performed in full. If Guarantor elects to revoke this Guaranty, Guarantor may only do so in writing. Guaranto~s written notice of revocation must be malled to Lender, by certified mail, at the address of Lender listed above or such other place as Lender may designate in writing. Writien revocation of this Guaranty will apply only to advances or new Indebtedness created efter aotual receipt by Lender of Guaranto~s written revocation. For thls purpose and without limitation, the ferm "new Indebtedness" does not include Indebtedness which at the time of notice of revocation is contingent, unliquidated, undetermined or not due and which later becomes absolute, liquidated, determined or due. Notice of revocation shall be eftective only as to the particular Guarantor providing the notice, and shall not affect the liability of other guarantors. This Guaranty will continue to bind Guarantor for all Indebtedness incurred by Borrower or committed by Lender prior to receipt of Guarantor's wriften notice of revocation, Including any extensions, renewals, substitutions or modifications of the Indebtedness. All renewais, extensions, substltuUons, and modifications of the Indebtedness granted after Guarantor's revocation, are contemplated under this Guaranty and, specifically will not be considered to be new Indebtedness. This Guaranty shall bind the estate of Guarantor as to Indebtedness created both before and after the death or incapacity of Guarantor, regardless of Lende~s actual notice of Guaranto~s death. Subject to the foregoing, Guaranto~s executor or adminislrator or other legal representative may terminalethis Guaranty in the same manner in which Guarantor might have terminated it and with the same effect. Release of any other guarantor or terminaUon of any other guaranty of the Indebtedness shall not aftect the liability of Guarantor under this Guaranty, A revocation received by Lender from anyone or more Guarantors shall not affect the liability of any remaining Guarantors under this Guaranty. It Is anticipated thatlluctuallons may occur In the aggregate amount oflndebledness covered by this Guaranty, and Ills specifically acknowledged Md agreed by Guaranlor thal reductions In the amounl 01 Indebtedness, even to zero dollars ($0.00), prior 10 wrlllen revocatIon of IhIs Guaranty by Guarantor shall not constltute a termination 01 this Guaranty, This Guaranty is binding upon Guarantor and Guarantor's heirs, successors and assigns so long as any of the guaranteed Indebtedness remains unpaid and even though the Indebtedness guaranteed may from time to time be zero dollars ($0.00). GUARANTOR'S AUTHORIZATION TO LENDER. Guarantor authorizes Lender, either before or after any revocation hereof, without nollce or demand and without lessening Guarantor's liability under Ihls Guaranty, from time to time: (a) prlor 10 revocation as selforth above, 10 make one or more additional secured or unsecured loans to Borrower, to lease equIpment or other goods to Borrower, or oth9JWlse to extend addttlonal credit to Borrower; (b) to aller, compromise, renew, extend, accelerate, or otherwise change one or more times the tIme for payment or other terms Of the Indebtedness or any pari of the Indebtedness, InclUding Increases and decreases of \he rate of Interest on the Indebtedness; extensions may be repealed and may be for longer than the orlgtnalloan term; (c) to talee and hold security lor the payment of \hIs Guaranty or the Indebtedness, and exchange enforce, waive, subordinate, fall or decide not' to pertect, and release any such security, wllh or without the subslllullon of new collateral;' (d) to release, subslllute, agree not to sue, or deal with any one or more of Borrower's sureties, endorsers, or other guarantors on any terms or In any manner Lender may choose; (e) 10,defermlne how, when and what appllcalton Exhibit "A" i,'._ k" t r'" I' ~ t f' I:, i':: I , I Ie ~; -~ Ii \c'; [0 1,.," ! "' *, ~' , , i , f , ~11~<IIJk~~tlI'IJ..~_~ilii~~i~ - L 02-12-1999 Loan No )MMERCIAL GUARANTY (Continued) Page 2 01 paymenls and credits shall be ,made on the Indebtedness; (I) to apply such securtty and direct the order or manner 01 sale thereol, Including wllhoulllmltallon, any nO,n/udlclal sale permllled by Ihe lerms of Ihe conlrolllng securIty agreemenl or deed of lrusl, as Lender In Its dIscretion may determine; (g) to sell, transfer, assign, or grant partlclpallons In all or any part of the Indebtedness; and (hI to assign 'or transfer this Guaranly In whole or In pari. GUARANTOR'S REPRESENTATIONS AND WARRANTIES. Guarantor represents and warrants to Lender that (a) no representations or agreements ot any kind have been made to Guarantor whIch would limit or qualify In any way the terms of this Guaranty; (b) this Guaranty Is executed at Borrower's request and not at the request of Lender; (c) Guarantor has full power, right and euthority to enter into this Guaranty; (d) the prOvisions of this Guaranty do not conflict with or result in a default under any agreement or other instrument binding upon Guarantor and do not resuitln a violation of any law, regulation, court decree or order applicable to Guarantor, (e) Guarantor has not and will not, without the prior written consent of Lender, sell,lease, assign, encumber, hypolhecale, transfer, or otherwise dispose of all or substantially ail of Guarantor's assets, or any inleresttherein; (I) upon Lander's request, Guarantor wiil provide:to Lender financial and credit information in form acceptable to Lender, and ail such financial information which currently has been, and ail future financial information which will be provided to Lender is and will be true and correct In ail material respects and fairly present the financial condition of Guarantor as of the dates the financial Information is provided; (g) no material adverse change has occurred in Guarantor's financial condition since the dale of the most recent financial statements provided to Lender and no event has occurred which mey materiaily adversely affect Guarantor's financial condition; (h) no litigation, claim, investigation, administrative proceeding or similar action (including those for unpaid taxes) against Guarantor is pending or thraatened; Q) Lender has made no representation to Guarantor as to the creditworthiness of Borrower, and OJ Guarantor has established a.dequate means of obtaining from Borrower on a continuing basis information regarding Borrower's financial condition. Guaranlor agrees 10 keep adequately informed from such means of any facts, events, or circumstances which mighl in any way alfeel Guarantor's risks under this Guaranty, and Guarantor further agrees that Lender shail have no obligation to disclose to Guarantor any Information or documents acquired by Lender in the course of Its relationship with Borrower. GUARANTOR'S WAIVERS. Except as prohibited by applicable law, Guarantor waives any right to require Lender (a) to continue lending money or to extend other credillo Borrower; (b) to make eny presentment, protest, demand, or notice of any kind, including notice of any nonpayment of the Indabtedness or of any nonpayment related 10 any collateral, or notice of any aellon or nonaction on the part of Borrower, Lender, any surety, endorser, or other guarantor in connection \\'ith the Indebtedness or in connection with the creation of new or additional loans or obligations; (c) to resort for payment or to proceed directly or at once against any person, including Borrower or any other guarantor, (d) to procead directly against or exhaust any coliateral held by Lender from Borrower, any other guarantor, or any other person; (e) to give notice of the terms, time, and piace of any pUblic or private sale of personal property security held by Lender from Borrower or to comply with any other applicabla provisions Of the Uniform Commercial Coda; (I) to pursue any other remedy within Lender's power; or (g) to commit any act or omission of any kind, or at any time, with respect to any metier whatsoever, '. . Guarantor also waives any and ail rights. or defenses arising by reason of (a) any 'one action' or 'anti-deflciency' la\\' or any other law which may prevent Lender from bringing any aellon, including a claim for deficiency, against Guarantor, before or after Lender's commencement or completion of any foreclosure action, either judicially or by exercise of a power of saie; (b) any alection of remedies by Lender which destroys or otherwise adversely affects Guarantor's subrogation rights or Guarantor's rtghts to proceed against Borrower for reimbursement, including without limitation, any loss of rtghts Guarantor may suffer by reason of any law limiting, qualifying, or dlscherging the Indebtedness; (c) any disability or other defense of Borrower, of any other guarantor, or of any other person, or by reason of the cessation of Borrower's liability from any cause whatsoever, other than payment in full InJegaltender, of the Indebtedness; (d) any right to claim discharge of the Indebtedness on Ihe basis of unjustlfiad impairment of any collateral for tha Indebtedness; (e) any statute of limitations, if at any tima any action or suit brought by Lender against Guarantor is commenced there is outstanding Indebtedness of Borro\VS{ to Lender \\'hich is not barred by any applicable statute of limitations; or (I) any defenses given to guarantors allaw or In equity other lhan actual payment and performance of the Indebtadness. If payment is made by Borrowar, whether voluntarily or otherwise, or by any third party, on the Indabtadness and thereafter Lender Is forced to remit the amount of that payment to Borrower's trustea in bankruptcy or to any siinnar person under any fedaral or state bankruptcy law or law for the ralief of debtors, the Indebtedness shall be considered unpaid for the purpose of enforcement of this Guaranty. Guarantor further waives and agrees not to assert or claim at any time any deductions to the amount guaranteed under this Guaranty for any claim of saloff, counterclaim, counter demand, recoupment or similar right, whether such claim, demand or right may be asserted by the Borrower, the Guarantor, or both. GUARANTOR'S UNDERSTANDING WITH RESPECT TO WAIVERS. Guarantor warrants and agrees that each of the waivers set forth above is made with Guarantor's full knowledge of its significance and consequences and that, under the circumstances, the waivers are reasonable and not contrary to public policy or la\\'. If any such waiver is determined to be contrary to any applicable la\\' or public policy, such waivar shall be effective only fo the extent permiffed by law or public policy. LENDER'S RIGHT OF SETOFF. In addition to all liens upon and rights of setoff against the moneys, securities or other property of Guarantor given to Lender by law, Lendar shall have, with respect to Guarantor's obligations to Lender under this Guaranty and to tha extent permitted by law, a contractual security intarest in and a right of setoff against, and Guarantor hereby assigns, conveys, deliwm;, pledges, and transfers to Lender all of Guarantor's right, title and interest in and to, all deposits, moneys, securities and other properly of Guarantor now or hereafter in the possession Of or on deposit with Lender, 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 satoff may be exercised without demand upon or notice to Guarantor. No security interest or right of setoff shall be deemed to have been \\'alved by any act or conduct on the part of Lender or by any neglect to exercise such right of satoff or to enforce such security Interest or by any delay in so doing. Evary right of setoff and security interesl shall continue in full force and effecf until such right of satoff or security interest Is specifically waived or released by an instrument in lI'riting executed by lender. SUBORDINATION OF BORROWER'S DEBTS TO GUARANTOR. Guarantor agrees that the Indebtedness of Borrower to Lander, \\'hether no\\' existing or hereaffer created, shall be prior to any ciaim that Guarantor may now have or hereafter acquire against Borrower, whether or not Borrower becomes Insolvent. Guarantor hereby expressly subordinates any claim Guarantor may have against Borrower, upon any account whatsoever, to any claim that Lender mey now or hereafler, have against Borrowar. In the event of Insolvency and consequent liquidation of tha assets of Borrower, through bankruptcy, by an assignment for the benefit of creditors, by voluntary liquidation, or otherwise, the assets of Borrower applicable to the payment of the claims of both Lender and Guarantor shall be paid to Lender and shall be first applied by Lender to the Indebtedness of Borrower to Lender. Guarantor does hereby assign.. to Lender all claims which it may have or acquire against Borrower or against any assfgnee or trustee in bankruptcy of Borrower, provided however, that such assignmant shall be effective only for the purpose of assuring to Lender full payment In legai tander of the Indebtedness. If lender so requests, any notes or credit agreements now or hereafter evidencing any debts or obligations of Borrower to Guarantor shall be marked with a legend that the same are subject to this Guaranty and shall be delivered to Lender. Guarantor agrees, and Lender hereby is authorized, in the name of Guarantor from tima to time to execute and file financing statements and continuation statements and to execute such other documents and to take such other ~ctions as Lender deems necessary or appropriate to perfect, preserve and enforce its rights under this Guaranty. MISCaLANEOUS PROVISIONS. The following miscellaneous provisions are a part of this Guaranty; Amendments. This Guaranty, togelher with any Related Documents, constitutes the entire understanding and agreement of th. parties as to the ~;;;t/I~,...... ~--~"~ u ~ _""""m'" ,;- .. __J - . , 02'::'12-1999 'Loan No COMMERCIAL GUAR 'TV (Continued) Pal matters set forth in this Guaranty. No alteration 01 or amendment to this Guaranty shail be effecfive unless given In INlifing and signed by the p, or parties sought to be charged or bound by the alteration or amendment. ' Applicable Law. This Guaranty has been delivered to Lender and accepted by Lender in the Commonwealth 01 Pennsylvania. "there is lawsull, Guarantor agrees upon Lender's request to submit to the jurisdiction 01 the courts 01 CUMBERLAND County, Commonweailh < Pennsylvania. Lender and Guarantor hereby waive the right to eny jury trial in any action, proceeding, or counterclaim brought by either Lender 0\ i' Guarantor againsl the other. This Guaranty shail be governed by and construed In accordance with the laws 01 the Commonweailh 01 II Pennsylvania. i Altomeys' Fees; Expenses. Guarantor agrees to pay upon demand ail 01 Lender's costs and expenses, including attorneys' fees and Lender's i , IGegal extpenshes,'1 incurrtheed in clsonnecdtion with the lenlorhcemelnt 01 thiSt GUCaralsnty. Ldender may pay I sdomLeonde er'lse to help enforee this Guaranty, and fl. uaran or 5 a pay cos an expenses 0 suc en oreemen . os an expenses ,nc u e en e 5 attorneys' fees and legal expenses " whether or not there is a lawsuit, including attorneys' lees end legal expenses for bankruptcy proceedings (and Including efforts to modify or : vecate any automatic stay or injunction), appeals, and any anticipated post-judgment coileefion servioes, Guarantor also shall pay ail court costs H and such additional fees as may be directed by the court. Nollces. All notices required 10 be given by either party to the olher under this Guaranty shall be In writing, may be senl by telefacsimile (unless otherWise required by law), and, excepl for revocafion notices by Guarantor, shail be effective when actuaily delivered or when deposited with ai,' nafionaily recognized .overnlghl courier, or when deposited in Ihe Untted States mail, first class postage prepaid, addressed to Ihe party to whom r the notice .s to be g.ven at the address shown above or to such other addresses as either party may designate to the other in writing. All , revocation notices by Guarantor shail be In writing and shail be effective only upon delivery to Lender as provided above in the section titied ~,.,.,. "DURATION OF GUARANTY," It there is more than one Guarantor, notice to any Guarantor will conslllute notice to all Guarantors. For notice' purposes, Guarantor agrees to keep Lender informed at all times 01 Guarantor's current address. Interpretation. In all cases where there is more Ihan one Borrower or Guarantor, then all words used in this Guaranty in the singuiar shail be deemed to have been used in the plural where the context and construction so require; and where there is more than one Borrower named in this Guaranty or when this Guaranty is executed by more than one Guarantor, the words "Borrower" and "Guarantor" respectively shall mean all and i" eny one or more of them, The words "Guarentor," "Borrower," and "Lender" Inciude the heirs, successors, assigns, and transferees of each of " fhem. Caption headings in this Guaranty are lor convenience purposes only and are not to be used to Interpret or define the provisions of this r: Guaranty. If a court of competent jurisdiction finds any provision of this Guaranty to be invalid or unenforceable as to any person or clrcumslance, I; such finding shail not render that provision invalid or unenforceable as to any other persons or circumstances, and ail provisions of this Guaranty ii in ail other respecls shall remain valid and enforceable. II anyone or more 01 Borrower or Guarantor are corporations or partnerships, it is not it necessary lor Lender to inquire into the powers of Borrower or Guarantor or 01 the officers, directors, partners, or agenls acting or purporting to act 1'.;, on their behalf, and any Indebtedness made or creeted in reliance upon the professed exercise 01 such powers shall be guaranteed under this ) Guaranty. Waiver. Lender shall not be deemed to have waived any righls under this Guaranty unless such waiver is given in writing and signed by Lender. !', No delay or omission on the part of Lender in exercising any right shall operate as a waiver of such fight or any other right. A waiver by Lender of fr, a provision 01 this Guaranty shall not prejUdice or constitute a walver 01 Lender's right otherwise to demand strict compliance with that provision or 'I' any other provision of this Guaranty. No prior waivar by Lender, nor any course of dealing between Lender and Guarantor, shail constllule a V waiver of any of Lender's rights or of any 01 Guarantor's obligetions as to any future transactions. Whenever the consent of Lender is required " under this Guaranty, the granting of such consent by Lender in any instence shall not constitute continuing consent to subsequent instances W' where such consent is required and In ali cases such consent may be granted or withheld in the sole discretion of Lender. [' LIMITED RECOURSE AS TO NON-APPLICANT SPOUSE. Notwithstanding anything contained herein to the contrary, it is agreed that, unless an r exception to the requirements of Regulation B of the Board of Governors of the Federal Reserve System appiles in connection with the extension of the h,',', Indebtedness and the execution of this Guaranty, the spouse who Is deemed not to be the "applicant for credit" for purposes 01 such reguletlon (the [ "Non-Applicant Spousej shall be personally Iiabie under this Guaranty only with respect to assets held jointly as of the date hereot or hereafter t' acquired, and the lien of any judgment, order or other relief against the Non-Applicant Spouse shall be limited thereto. Nothing herein. however, shall t: limit the Lender's righls against any person, firm or entity other than fhe Non-Applicant Spouse. ' FINANCIAL INFORMATION (GUARANTOR). Guarantor shall deliver or cause to be delivered to Lender not later than 120 days after the close of each calendar year: (a) a copy of the federal income tax relurn filed by Guarantor, which tax return shall be a true and complete copy of the return filed by Guarantor with the intarnal Revenue Servioe; and (b) an updated personal financial statemenf of Guarantor. CONFESSION OF JUDGMENT. GUARANTOR 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 I>JoIY TIME FOR , GUARANTOR AF"1"ER A DEFAULT UNDER THIS GUARANTY, AND WITH OR WITHOUT COMPLAINT FILED, AS OF ANY TERM, CONFESS OR i ENTER JUDGMENT AGAINST GUARANTOR FOR THE ENTIRE PRINCIPAL BALANCE OF THIS GUARANTY, ALL ACCRUED INTEREST, LATE CHARGES, AND ANY AND ALL AMOUNTS EXPENDED OR ADVANCED BY LENDER RELATING TO I>JoIY COLLATERAL SECURING THE INDEBTEDNESS TOGETHER WITH INTEREST ON SUCH AMOUNTS, 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 AVE HUNDRED DOLLARS ($500) ON WHICH JUDGMENT OR JUDGMENTS ONE OR MORE EXECUTIONS MAY ISSUE IMMEDIATELY; AND FOR SO DOING, THIS GUARANTY OR A COPY OF THIS GUARANTY VERIFIED BY AFADAVlT SHALL BE SUFFICIENT WARRANT. THE AUTHORITY GRANTED IN THIS GUARANTY TO CONFESS JUDGMENT AGAINST GUARANTOR 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 GUARANTY. GUARANTOR HEREBY WAIVES ANY RiGHT GUARANTOR MAY HAVE TO NOTICE OR TO A HEARING IN CONNECTION WITH Am SUCH CONFESSION OF JUDGMENT, EXCEPT ANY NOTICE AND/OR HEARING REQUIRED UNDER APPLICABLE LAW WITH RESPECT TC EXECUTION OF THE JUDGMENT, AND STATES THAT EITHER A REPRESENTATIVE OF LENDER SPECiFICALLY CALLED THIS CONFESSION OF JUDGMENT PROVISION TO GUARANTOR'S ATTENTION OR GUARANTOR HAS BEEN REPRESENTED BY INDEPENDENT LEGAL COUNSEL EACH UNDERSIGNED GUARANTOR ACKNOWLEDGES HAVING READ ALL THE PROVISIONS OF THIS GUARANTY AND AGREES TO ITS TERMS. IN ADDITION, EACH GUARANTOR UNDERSTANDS THAT THIS GUARANTY IS EFFECTIVE UPON GUARANTOR'S EXECUTION ANt DELIVERY OF THIS GUARANTY TO LENDER AND THAT THE GUARANTY WILL CONTINUE UNTIL TERMINATED IN THE MANNER SET FORT" IN THE SECTION TIT1..ED "DURATION OF GUARANTY." NO FORMAL ACCEPTANCE BY LENDER IS NECESSARY TO MAKE THIS GUARANTY EFFECTIVE. THIS GUARANTY IS DATED FEBRUARY 12, 1999. THIS GUARANTY HAS BEEN SIGNED AND SEALED BY THE UNDERSIGNED, GUARANTOR: ~,~Ir~-'~- : l~e 3. /99 f' ~''''', '~", <=~'.'- "'."""'."""M'.fS 1d.. ..,. . ~ ^ .".... ^< ~""",,,,.'^ .". ') ,-' . . ",. .. ",,~.-' ", =.., f ,JWARDV.KaLOG ......-...- ~ I !/ i ! ~ ~ " ''';.J..i:i..; - .. ....--...., ; r'" ')MMERCIAL' GUARANTY (Continued) ?age. ..... . ". ...-...., .. " '~', .... .. '. .' . ,........,,_ "'UN'" X. E ~,.. 0- . . . ".' , . '.:.::." INDIVIDUAL ACKNOWLEDGMENT STATE OF N"mrlruSe:1 Babette J ~"l~'. " . o,}l"Ui r.....,~,'...r.:It.(.1l , J Hampden TI,~'P.. Cl;;-.':"::~~..~ ..... ~..C . My Commission c...'OI;:-~;o.;." "~:x;'~~-1 . I~I.. ~. I- 't:...1 Membsr, PennsYiVarJa Ass j"on-:T~ ...~. , .., ... I': .nDS On this, the ~ol day of D. . ,19 ? 7 , before me f ;e..., ;;r. tt e , the undersigned Notary Public, personally aPP88!8d EDWARD V. KEU.OGG and MARY EP. KELLOGG, known to me (or satlsfacto y proven) 10 be the person whose names are subscribed to the wfthIn lnslrument, and acknowledged that they executed t e same for the purposes therein contained. In witness whereof, I hereunlo set my hand and omcIaJ seal. COUNTY OF I lsa I Notary Public In and for the Slate Of LASER PRO. Reg. U.$. Pat. & T.M. Off., Ver. 3.2Sb(C) 1999 CFI PrcServices, Inc. All rtghtsreaerveCl.IPA-E2D SPECTR.A2.LN C39.0VLl ~~' f:: I:; el- " ,; ;;-- I~ ~ l'; C: t If Lee' ~~ ~ I I I l\I . ~ - ,- -- ~-"' - lilli<tlll'. - d - PROMISSORY N01 [< References in the shaded area are for lender's use only and do not limit the a llcabilily of this document to an ", \is f r Borrower: SPECTRA SERVICES, INC. (TIN: 232474730) 211 SIXTH STREET ' NEW CUMBERLAND, PA 17070 Lender: PNC BANK, NATiONAL ASSOCIATION 4242 CARLISLE PIKE CAMP HILL, PA 17001-3874 ! l f' i I':' ~:-,- r,~ I' [': Principal Amount: $400,000.00 Initial Rate: 8.750% , Date of Note: February 12, 1999 PROMISE TO PAY. SPECTRA SERVICES, INC. '''Borrower'') promIses to pay to PNC BANK, NATIONAl ASSOCIATION (''lender'') or order In lawful money of the United States of America, the principal amount of Four Hundred Thousand & 00/100 Dollars ($400,000.00) o/so mucli' as may be outstandIng, together with Interest on the unpald outstanding principal balance of each advance. Interest shall be calculated from the date Of each advance until repayment of each advance. PAYMENT. Borrower will pay this loan In accordance with the following paymenf schedule: Borrower will pay regular monthly payments of accrued Interest beginning March 14, 1999, and all subsequent Interest payments are due on the same day of each month alter that. Borrower will pay this loan In one payment of all outstanding principal plus all accrued unpaid Interest on the expiration Date. Borrower may borrow, repay and reborrow hereunder until the expiratIon Date, subject to the terms and condltlons'ofthls Note. The "ExplraUon Date" shall mean June 2, 1999, or such later date as may be designated by written notice from Lender to Borrower. Borrower acknowledges and agrees that In no event will Lender be under any obllgaUon to extend or renew the loan or this Note beyond the Initial expiratIon Date. In no event shall the aggregate unpaid prinCipal amount Of advances under thIs Note exceed the face amount of this Note. , The annual interest rate for this Note is computed on a 365/360 basis; that is, by applying the ratio of the annual Interest rata 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. Unless otherwise 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. I' " l'i f ;;i' <" f ; 1 ; i. (;:. (-. VARIABLE INTEREST RATE. The interest rate on this Note is SUbject to change from time to time besed on changes In an Index whloh Is the Lender's prime rate (the 'Index"). The index is a rate per annum as publicly announced by Lender from lime to lime as Its prime rate. The prime rate is not tied to any external rate or index and it does not necessarily reflect the lowest rate of Interest actually charged by Lender to any parffcular class or category Of customers. Lender will tell Borrower the current Index rate upon Borrower's request. Borrower understands that Lender mey meke loans based on other rates as well. The Interest rate change will not occur more offen than eaoh day. The Index currently Is 7.750'110 per annum. The Inlerest rate to be applied to the unpaid prIncipal balance 0/ this Nole will be at a rate of 1.000 percenfage point over the Index, resulllng In an Inlllal rate 0/ 8.750'110 per annum. NOTICE: Under no circumstances will the interest rate on this Note be more than the maximum rate ellowed by applicable law. PREPAYMENT. Borrower may pay without penally all or a portion cfthe amount owed eariier than it is due. Eariy paymenls will not, unless agreed to by Lender in writing, relieve Borrower of Borrower's obligallon to continue to make payments of accrued unpaid interest. Rather, they will reduce the principal balance dUe. LATE CHARGE. If a payment is 15 days or more late, Borrower will be charged 5.000'110 of the unpaid portIon of the regularly scheduled payment or $100.00, whIchever Is less. ' DEF AUL T. Borrower will be in defauitlf any of the following happens: (a) Borrower fails to make any payment when due, (b) Borrower breaks any promise Bcrrower has made to Lender, or Borrower fails to comply with or to perform when due any other term, obligaffon, covenant, or condlllon contained in this Note or any agreement related to this Note, or in any other agreement or loan Borrower ,has with Lender. (0) Borrower defaults under any loan, extension of credit, securily agreemant, 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 abilily to repay this Note or perform Borrower's obligations under this Note or any 0/ the Related Documents. (d) Any representation or statement made or furnished to Lender by Borrower or on Borrower's behaJ/ is false or misleading in any material respect either now or at the time made or furnished, (e) Borrower becomes Insolvent, a receiver is appointed for any part 0/ Borrower's property, Borrower makes an assignment for the benefit of creditors, or any proceedlng Is commenced either by Borrower or agalnst Borrower under any bankruptcy or insolvency laws. (I) Any creditor tries to take any of Borrower's property on or in which Lender has a lien or securily interest. This includes a garnishment of any of Borrower's accounts with Lender. (g) Any guarantor dies or any of the other events described in this default secllon occurs with respect to any guarantor of this Note. (h) A material adverse change occurs in Borrower's !inaneial condition, or Lender believes the prospecl of payment or performance of the Indebtedness Is impaired. ' 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 immediateiy due, and then Borrower will pay that amount. Upon default, including failure to pay upon final maturity, Lender, at its opllon, may aiso, If permiited under applicable law, Increase the variable interest rate on this Note to 6.000 percentage points over the Index. The interest rate will not exceed the maximum rate permilted by applicable law. Lender may hire or pay someone else to help collect this Ncte if Borrower does not pay. Borrower also will pay 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, inciuding attorneys' fees arid legal expenses for bankruptcy proceedings (Including efforts to modily or vacate any automallc stay or Injunction), appeals, and any anllcipated post-judgment collecllon services. If not prohibited by applicable law, Borrower also will pay any court costs, in addillon to all other sums provided by law. If judgment is entered In connecffon with this Note, interest will conllnue to eccrue on this Note after judgment at the interest rate appliCable to this Note at the lime judgment Is entered. This Note has been delivered to Lender and accepted by Lender In the Commonwealllt 0/ PennSYlvanta. If there Is a lawsuit, Borrower agrees upon Lender's request to submit to the jurIsdiction 0/ fhe courts of CUMBERLAND County, the Commonwealth of Pennaylvanla. Lendar and Borrower hereby waive the right to any lury trtalln any aellon, proceeding, or counterclaim brought by either Lender or Borrower agalnslthe other. This Note shalt be governed by and construed In accordance with the laws of the Commonwealth of PennsylvanIa. RIGHT OF SETOFF. Borrower grants 10 Lender a contractual security Interest in, and hereby assigns. conveys, delivers, pledges, and transfers to Lender all Borrower's right, title and interest in and to, Borrower's accounts with Lender (whether checking, savings, Of 50me other account), including without limitation all accounts held jointly with someone else and all accounts Borrower may open in the future. excluding however all IRA and Keogh accounts, and all trust accounts for which the grant of a security interest w~uld be prohibited by law. Borrower authorizes Lender, to the extent permitted by applicable law, to charge or setoff all sums owing on this Note against any and all such accounts. CO~A TERAL. This Nole Is secured by, in addition to any olher coUateral, an Assignment of All Rents dated February 12, 1999, to Lender on real property located in CUMBERLAND County, Commonwealth of Pennsylvania, all the terms and conditions of which are hereby Incorporated and made a part of this Note. Exhi bi t "B" u i u; E~:. I" ",1 l~i~- p~' r Ii ~ It' I, r i I i ~, ,-' ~, - '" , . ~, 02-12-1999 ',Loan No PROMISSORY NOTE (Continued) Page 2 LINE OF CREDIT, This Note evidences a revolving line of credit. Advances under this Note may be requested orelly by Borrower or by en euthorized petSon. Lender may, but need not, require that all oral requests be confirmed in writing. All communications, instructions, or directions by telephone or otherwise to Lender are to be directed to'Lender's office shown above. The foliowlng party or parties are authorized to request adVances under the line of credit un", Lender receives from Borrower at Lender's address shown above written nolice of revocation of their authorily: EDWARD V. KELLOGG PRESIDENT; and MARY E.P. KELLOGG, SECRETARYtTREASURER, Borrower agrees to be liable for ali sums either: (a) advanced in accordanc~ wllh the Instructions of an authorized person or (b) credited to any of Borrower's accounts with Lender. The unpaid principal balance owing on this Note et any time may be evidenced by endorsements on this Note or by Lender's internal records, including dally computer print-outs. Lender wili have no obligation to advance funds under thIs Note if: (a) Borrower or any guarantor is in default under the terms of this Note or any agreement that Borrower or any guarantor has wllh Lender, Including any agreement made in connection with the signing of this Note; (b) Borrower or any guarantor ceases doing business or is insolvent; (c) any guarantor seeks, claims or otherwise attempts to limit, modify or revoke such guarantor's guarantee of this Note or any other loan with Lender; or (d) Borrower has applied funds provided pursuant to this Note for purposes other than those authorized by Lende~ ' ClEANUP PROVISION. Borrower acknowledges and agrees that prior to the Expiration Date and annually thereafter if the Expiration Date is extended, allamounls borrowed under the line of credit hereunder must be repaid in fuli so that there Is no outstanding principal balance for a period of at least 30 consecutive days. ' YEAR 2aaa COMPLIANCE. Borrower has reviewed the areas within its business and operations which could be adVersely affected by, and has developed or Is developing a program to address on a timely basis the risk that certain computer applications used by Borrower may be unable to recognize and perform properiy date-sensitlve functions involving dates prior to and after December 31,1999 (the "Year 2000 Problem"). The Year 2000 Problem will not result, and is not reasonably expected to result, In any material adverse effect on the business, propartles, essets, financial condition, results of operations or prospeels of Borrower, or the abillly of Borrower to duly and punctually payor perform its obligations hereunder and under the Related Oocuments. GENERAL PROVISIONS. 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, weive presentment. demand for payment. protest and nolice 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 coliateral; or Impair, fail to realize upon or perfect Lender's security interest In the coliateral; 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. 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 AlTORNEY 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, AS OF ANY TERM, CONFESS OR ENTER JUDGMENT AGAINST BORROWER FOR THE ENTIRE PRINCIPAL BALANCE OF THIS NOTE, ALL ACCRUED INTEREST, LATE CHARGES, AND ANY AND ALL AMOUNTS EXPENDED OR ADVANCED BY LENDER RELATING TO ANY COLLATERAL SECURING THIS NOTE TOGETHER WITH INTEREST ON SUCH AMOUNTS, TOGETHER WITH COSTS OF SUIT, AND AN AlTORNEY'S COMMISSION OF TEN PERCENT (10%) OF THE UNPAID PRINCIPAL BALANCE AND ACCRUED INTEREST FOR COLLEcnON, BUT IN ANY EVENT NOT LESS THAN FIVE HUNDRED DOLLARS ($SOO) 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 8E EXHAUSTED 8Y 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 CONNEcnON WITH ANY SUCH CONFESSION OF JUDGMENT, EXCEPT ANY NOTICE AND/OR HEARING REQUIRED UNDER APPLICABLE LAW WITH RESPECT TO EXECUTION OF THE 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, 80RROWER READ AND UNDERSTOOD All. THE PROVISIONS OF THIS NOTE, INCLUDING THE VARIABLE INTEREST RATE PROVISIONS. 80RROWER AGREES TO THE TERMS OF THE NOTE AND ACKNOWLEDGES RECEIPT OF A COMPLETED COpy OF THE NOTE, THIS NOTE HAS BEEN SIGNED AND SEALED BY THE UNDERSIGNED. BORROWER: SPECTRA SERVICES, INC. !' ~ . r r I ~ t , l (:, ,. 1;1 f:;, \31 '-r- ~li ;~; li~ ~! Iv{ ;1;; if , ~ ", 1$ '" ~ 1.f [i I , f r ~ 8Y:~~~~f~;Wim ,,;M1i~) Variable Rate. Line of Credit. L.ASER PRO, Reg. U.S. Pat. & T.M. Off., Ver. 3.26b (C) 1999 OFt ProServtees, Inc. All rights reserved.IPA- 20 SPECTAA2.l..N C39.0VLj -. ~- . " ~~ ~ ~ <- PNC BANK, NATIONAL ASSOCIATION, : IN '!"'HE COURT OF COMMON PLBAS Plaintiff' : CUMBBlU..AND COUNTY, PENNSYL V ANlA V. : NO EDWARD V. KELLOGG AND MARY liP. KELLOGG, : Crvn.. ACTION - LAW Defendants : CONFESSION OF JUOOMBNT VERIFICATION I, Eric Krimmel, Assistant VUle President, for PNC Bank, National Association, bein& authorized to do SO on behalf of mc Bank, National Association, hereby verifYtbat the statements made in the foresoirJg pleading are true and correct to the best of my information. knowledge and belief 1 understand that false statements herein are made subject to the penalties of J 8 Pa. C.S. Section , G t '" , t t P 4904, relating to unsworn falsification to authorities. PNC BANK, NATIONAL ASSOCIATION Date: 4).(00 By: f~Q ? - Q Erie Krimmel Assistant VUle President --.~ al'itllSI:iW "c:iliHS SIOltlS .!.OI'>:'!.U.!.1.!. . , '.'. ,'. v. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. ,"I li~! l'i,1 ri Ii:] lii~i l'i li'fi '!'I II, li~ I' Iii iiii I:J PNC BANK, NATIONAL ASSOCIATION, Plaintiff EDWARD V. KELLOGG AND MARY E.P. KELLOGG, Defendants : CIVIL ACTION - LAW : CONFESSION OF JUDGMENT i!~1 Uj fl NOTICE llJ it! it-! lr1 jll ,lFfJ, (1 'iL1 ig! ", iit; iiL! n r-! 11 " ~i f'1 TO: Edward V. Kellogg and Mary E.P. Kellogg Pursuant to Rule 236 of the Supreme Court of Pennsylvania, you are hereby notified that a JUDGMENT BY CONFESSION has been entered against you in the above proceeding and that enclosed herewith is a copy of all the documents med in support of the said judgment. '1 ~j H , /~ ~'.e-~ Prothonotary /.;(2? U til f: ~ : In " l,j ~i 1J 'I t! !i i! I! ij Ii II I ~ !i lj Ii I' II 'I IF YOU HA VB ANY QUESTIONS CONCERNING THIS NOTICE, PLEASE CALL: KARL M. LEDEBOHM, ESQUIRE TELEPHONE NUMBER: (717)761-1881 _ 1 li~" ,,'" =,... ~,' '~'~"':"'''''M'''"'''iIIII '..=Ic~""-ol-lri!iiIl~ ---.. ......-:iiliii!~~r"'. .;--. ",,,,",,,,,,",,,,,",, ~'-~ ~.~. P :?' ""tJ-., t'f")flJ ;C'n :;;;-'..1 '_r-'- C0_~_~ :::<( ;;:..~ !::::'~ j::::'--) ~>() :J;;Q ~:>: :;j -. U j ,~~<.;<'~ , , "'1 c::. C:> ~ ,.!:-1M ->:: I <.n :: .,.. '. c -f} :"'j j-;\ :Ji~f!'.. "- ""J"J' ;;gl;; 2;:j(;:t C5 1ft - {jFJ ?g ~ -- '- , - ",L . -'-"~:i PNC BANK, NATIONAL ASSOCIATION, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYL VANIA v, : NO. 00 - ,;;gtlS- &01 EDWARD V. KELLOGG AND MARY E.P. KELLOGG, Defendants : CIVIL ACTION - LAW : CONFESSION OF JUDGMENT 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 Defendants, 1i ,~ Edward V. Kellogg and Mary E.P. Kellogg, is 816 Anthony Drive, Mechanicsburg, Pennsylvania 17055. Respectfully submitted, SAIDIS, SHUFF & MASLAND DM< ~)o Kar M. L debohm, Esquire Supreme Court ill #59012 2109 Market Street Camp Hill, PA 17011 (717) 737-3405 , _~l ,,,;,' '<- "~~""-~~IfJiilil~~_~I!i"-~-t",:':;,I~l1 :.oiMl - ""-~ .~--" ".:'~ ", .....,~~. - ~ '- <n'l 0 C) 0 ~ <:;;) ." ::!: ,..j -0 u; ". :r::::n rnfJ'J. -< Z:n rnr- ZC I ""'()iTi ~::?: U1 :o? 9C) ;<0 " -"'!-n ;;>'0 :Jl: ,-'"-+ ::D 9(:'J "'=0 r:- Zrn: >c ~ Z ~ =< N ~-. _I. PNC BANK, NATIONAL ASSOCIATION, Plaintiff v. EDWARD V. KELLOGG AND MARY E.P. KELLOGG, Defendants , ~ ^-'"," : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. ttJ - ~tls i.vJ : CIVIL ACTION - LAW : CONFESSION OF JUDGMENT AFFIDAVIT OF NON-MILITARY SERVICE TO THE PROTHONOTARY: I do certify, to the best of my knowledge, that the Defendants, Edward V. Kellogg and Mary E.P. Kellogg, in the above-captioned action are not presently on active or nonactive military status. n.re. r- NOd L Respectfully submitted, SAIDIS, SHUFF & MASLAND By: 1M. Ledebohm, Esquire Supreme Court ill #59012 2109 Market Street Camp Hill, P A 17011 (717) 737-3405 -'-'"' , .':0.:' ':.;1, . ,1. , L I' I: '. j ii, , , !f~ ); l' ~ & ~: ~! r. I;: i; I, f j, r l t \.' , , i , i f I i f l' i I' ... "I.".. ,"---~'~.""d....~ItiIil~ia" ".-~ ll:.ljJ~~"""",,, 'il)t;~=';;~-> ,--" .',-- '~"'--;--'- ..~- ., , "" (") C) ~ 0 ~ ;Hee 3: .... ~ni :!>o ..,... z::U --< F11 :0- ws;: I r- ~rJ:iTl Y:S;Z Ul -ng _u ",0 (") ~D " ::;j~r' :J:: :'-i! ;f>O c-- 2Q c:: -rn 0' ~ '~ .. r-..;, -< j -, - I PNC BANK, NATIONAL ASSOCIATION, Plaintiff v. EDWARD V. KELLOGG AND MARY E.P, KELLOGG, Defendants . c_..:.'_' - h! : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA . NO. a>. c:Js:t;,s- ~ : CIVIL ACTION - LAW : CONFESSION OF JUDGMENT ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please enter the appearance of the undersigned on behalf ofPNC Bank, National Association, Plaintiff in the above captioned matter. n.re. )/~ Respectfully submitted, SAIDIS, SHUFF & MASLAND By: I . Ledebohm, Esquire Supreme Court ill #59012 2109 Market Street Camp Hill, PA 17011 (717) 737-3405 lIdiillillf)L .~'"h"_'.... 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