Loading...
HomeMy WebLinkAbout01-0269 FX " '" . ." . COMMERCE BANK/HARRISBURG, N.A., IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff CIVIL ACTION v. NO. tJIJ -,;}(Pf tuJ ROBERT VIERING, JR., Defendant CONFESSION OF JUDGMENT Pursuant to the authority contained in the warrant of attorney, a eopy of whieh is attached to the Complaint filed in this action, I appear for the Defendant, Robert Viering, Jr., and eonfess judgment in favor ofthe Plaintiff, Commerce Bank/Harrisburg, N.A., and against the Defendant as follows: Unpaid balance of Note (as of November 9,2000) Interest on unpaid balanee (as of November 9,2000) Late fees (as of November 9, 2000) Attorney's colleetion fee (10% of unpaid principal balance and accrued interest as of November 9,2000) $49,779.29 1,517.86 49.77 5,129.71 TOTAL (as of November 9,2000) $56,476.63 Respectfully submitted, METTE, EVANS & WOODSIDE By: ~?~ Guy . Beneventano, Esquire Sup. Ct. I.D. #43107 3401 North Front Street P.O. Box 5950 Harrisburg, PA 17110-0950 Attomeys for Commerce Bank/Harrisburg, N.A. Judgment entered as above, this K day of ~..zv. ,2001 . 246396 15/ 6ML' I!?_~ Prothonotary I~ t> / - ~.., :'~""~''';''H,'''~-,''',~, .' "., -'-,-\,r,":""1"\ -1' ~-"-'-"-' _ 7'~--~"" "".. I"', ,~." , "_"C ".~~,,- ,-- ,= ,--' - _"" _~~,'C_' ---,- ,- - , ~" ~:t "-, _". .-"1 .,~ ~,",,,,,," . ~ , ".- .~, -"~, -'-- ~~ . ,. w" . '"' " _."'._, !,.,..-c>_ pllI~_~f_I~_,r n jf# (j),,"-' ~-' c r:?r--: ., .. , -~-' L-:;) c) c_ ~i.:"'" t"...:' :.'-_) :--'--' iLTi- _,,~_lI!'.~_,",,~ -,. ,~mMIII!I!!lIIll~~~! ~ " COMMERCE BANK/HARRISBURG, N.A., IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff CIVIL ACTION v. NO. 61- 2~q ROBERT VIERING, JR., Defendant COMPLAINT AND NOW, this 20th day of December, 2000, the Plaintiff, COMMERCE BANK/HARRISBURG, N.A., through its counsel, Mette, Evans and Woodside, hereby files this Complaint pursuant to Pa.R.C.P. 2951(b), 42 Pa.C.S.A., for judgment by confession and avers the following: 1. Plaintiff is COMMERCE BANK/HARRISBURG, N.A. (hereinafter "Commerce Bank"), a national banking association with a principal place of business at 100 Senate Avenue, Camp Hill, Pennsylvania 17001-8599. 2. Defendant, ROBERT VIERING, JR., is an adult individual who resides at 14 Fieldcrest Drive, Mechanicsburg, Cumberland County, Pennsylvania 17055. 3. Attached as Exhibit "A" is a true and correct copy of the Promissory Note (hereinafter "Note"), dated June 9, 1998 and executed by Defendant in favor of Commerce Bank. The Note authorizes confession of judgment "after a default." IIi>". ," ,,,-~,,h""~'.",,,~;?'_<'J:'<,~.,",,~,,~r~_,~_'_,, ,~, '." '.e-'-'- "",'1'-''',11 --~" .-~ - '_'C'_",""'_ - --",~._--, ___ ?;,n, _" ,,' " _ _,' ~"",""_'__ ~, ~ ';_~~""~~"~_ ,,.,,,. -, 4. In connection with the Note, Defendant was provided with documentation explaining the meaning and consequence of a confession of judgment. The document is identified as "Disclosure for Confession of Judgment," a true and correct copy of which is attached hereto and identified as Exhibit "B." 5. On June 9, 1998, Defendant executed the"Disclosure For Confession of Judgment" in connection with the Note. By executing this document, Defendant acknowledged his understanding that Commerce Bank had the right to confess judgment against him in the event that he defaulted on the Note. 6. On June 28, 1999, Defendant executed a Change in Terms Agreement (hereinafter "First Change Agreement") which increased the principal amount of Defendant's indebtedness to Commerce Bank; otherwise, the Note "remain[ed] unchanged and in full force and effect." (See First Change Agreement at "Continuing Validity," a true and correct cop of which is attached hereto at Exhibit "C.") 7. On August 20, 1999, Defendant executed an additional Change in Terms Agreement (hereinafter "Second Change Agreement") which again increased the principal amount of Defendant's indebtedness to Commerce Bank' , otherwise, the Note "remain[ed] unchanged and in full force and effect." (See 2 :;i; ''''-T,"'_?-,_ _-""'.3.,-,__"Y_' _, - ~_", ~-'~'_,_ "e',,!, _ 1'0-" ", ,__ ~,~~ ~ ,. __,_ p_ no ,- __, .~ ~=>h ~,,"'~ ,,"-.<,'f " .r"--,,' ,- ~ ,. '. . , ~, , . Second Change Agreement at "Continuing Validity," a true and correct copy of which is attached hereto as Exhibit "D.") 8. On February 25, 2000, Defendant executed a third and final Change in Terms Agreement (hereinafter "Third Change Agreement") which further increased the principal amount of Defendant's indebtedness to Commerce Bank; otherwise, the Note "remain[ed] unchanged and in full force and effect." (See Third Change Agreement at "Continuing Validity," a true and correct copy of which is attached hereto at Exhibit "E.") 9. The Note has not been assigned. 10. Judgment has not been entered in any jurisdiction on the Note. 11. Default was made by the Defendant in the payment of $505.95, due on September 9, 2000, and in the payment of all subsequent installments, whereby under the Note the entire sum is in default and immediately payable. 12. Such defaults are continuing. 13. Defendant is currently liable to Commerce Bank as follows: 3 t~~}-, ,,,~- ,,-,-,,--;c_,-+;_,"'_':"'''---'--:~--;"'-"i';r_'?,,_'~" ~"!",'.I -, "."c-'......-"".~':=-_._-"' .,<:-*' 1"'- ,- '"--"'_""c:.~~,---:"-,~~,_~_.,,, ~- Unpaid balance of Note (as of November 9,2000) Interest on unpaid balance (as of November 9, 2000) Late fees (as of November 9, 2000) Attorney's collection fee (10% of unpaid principal balance and accrued interest as of November 9,2000) $49,779.29 1,517.86 49.77 5,129.71 TOTAL (as of November 9,2000) $56,476.63 14. An affidavit certifying the last know address of Defendant, that his income exceeds $10,000.00 per year, and that he is not in the military service of the United States or its states or territories, is attached hereto as Exhibit "F" and incorporated hereby by reference. WHEREFORE, Commerce Bank demands judgment in the sum of $56,476.63, plus all additional sums resulting from Defendant's continuing default, as authorized by the warrant of attorney appearing in the attached instrument. Respectfully submitted, METTE, EVANS & WOODSIDE By: ~?2?~~ G P. Beneventano, Esquire Sup. Ct. I.D. #43107 3401 North Front Street P.O. Box 5950 Harrisburg, PA 17110-0950 Attorneys for Commerce Bank/Harrisburg, N.A. Date: December 20, 2000 I. <,-,;",,' - d'.__O '~__~-:":'"~"'::',~",~",~'~-''7:,e_",",~,__~,,, Cj"" 1""'-'" 'J-; _0"- _."~" '-'-o-__~'__'_ -, h_" "~--,- ";. . ~'-:"'~'---~ ." ." ' . - "-. "'j . , VERIFICATION I, David C. Amsden, state that I hold the title of Vice President/Asset Quality at Commerce Bank/Harrisburg, N.A., the Plaintiff in the above-captioned action, that I am authorized to make this Verification on its behalf, and that the facts set forth in the foregoing Complaint are true and correct to the best of my knowledge, information and belief. I understand that my statements are made subject to the penalties of 18 Pa.C.S.A. ~4904 relating to unsworn falsification to authorities. COMMERCE BANK/HARRISBURG, N.A. -OJ ~- David C. Amsden ...-- Vice President/Asset Quality Date: li))..r,} "0 ~cJ__, < , ''''-"W''~,~~J''?"__,,~.,,__~ ~',-. .',"",-" - "'^- ~,'" '"1":>"""I"";'~'" ,'..,. '" ""-, ',r n"", "_ ."", " . -- I _ ',-~---- -..-----~-;>+ "'~'~- ",',-,- -, c~ PROMISSORY NOTE ~'!l ~~' <:: (\. ., -' References in the shaded area are for Lender's use only and do not limit the a plicabllity of this document to any articular loan or item. p o f Date of Note: June 9, 1998 ... Maturity Date: June 9, 1999 -r- PROMISE TO PAY. Robert Vlerlng, Jr. ("Borrower") promIses to pay to Commerce Bank/Harrlsburg, NatIOnal AssoclaUon ("Lender"), or order, t> In lawlul money ollhe United Sleles 01 America, the principal amount 01 Five Thousand & 001100 Dollars ($5,000.00) or so much as may be ..J outstanding, together with Interest on the unpslcl outstanding principal balance of each advance. Inlarest shall be calculated Irom lhe dale 01 ..J each advance unlll repayment 01 each advance. _ PAVMENT. Borrower will pay this loan on demand, or If no demand Is made, In one payment of all oulslandlng principal plus an accrued ~ unpaid Interesl on June 9 1999. In addlllon, Borrower will pay regular monlhly paymenls 01 accrued unpaid Interesl beginning July 9, 1998, ::0 and all subsequentlnlere~1 paymenls are due on Ihe same day 01 each monlh after Ihal. Interest on this Note is computed on a 365/365 simple V, interest basis; that is, by applying the ratio 01 the annual interest rate over the number 01 days In a year (366 dunng lea~ years), mulltplted by th,e outstanding principal balance, multiplied by the ectual number of days the prinCipal balance 15 outstanding. Borrower woll pay Lender at Lenders 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 10 any unpaid collection costs and late ~harges. VARtABLE INTEREST RATE. The inlerest rate on this Note is subject to change from lime to time based on changes in an index which is the "COMMERCE BANKlHARRISBURG, NATIONAL ASSOCIATION RETAIL PRIME RATE" (the "Index"). The Commerce Bank/Harrisburg, National Association Retail Prime Rete, hereinaller referred to as "Commerce Bank Prime" shali be that rate which Lender establishes as its Priine Rete, whether or nol published. The establishment and publication of Commerce Prime Rate by Lender shali not in eny way preclude or limit Lender from lending to certain borrowers, from time to time, at a rate of interest tess than the Commerce Bank Priine Rele. The Appticabte Rate of,lnterest shali change on Ihe dale on which any chenge in the Commerce Bank/Harrisburg, National Associatiort Retail Prime Rate shali become effecltve. When said Interesl rate changes on a day other than a paymenl due date under this Note, interest shali be calculated on a per diem basis for such month. To the extent permllled by Pennsylvania law, interestshali ba calculatad by the mathod known as the "Bankar's Rule" using Iha actual days tha principal balance is outstanding hereunder di<Jlded by 360 days and multiplied by the then appUcabte rate of inferest described herein; provided, howaver, that to the axtent such calculation is not permilled by Pennsylvania law, intarest hareunder shali be calculaled on tha basis of a 365 or 366 day year, as Iha cese may be. Lender will tell Borrower the current Index rate upon Borrowe(s request. Borrower un_nds that Lender may make loans based on olher rates as well. The inlerest rale change will not occur more ollen than each day. The Index currenlly Is 9.000% per annum. The Interest rale to be applied 10 Ihe unpaid principal balance 01 this Note will be al a rate of 2.000 percentage points over the Index, resulttng In an InIUalrate of 11.000% per annum. NOTICE: Under no circumstances will the interest rate on this Note be more than the maxtmum rate allowed by applicable law. Unless waived by Lender, any Increase In the Interest rate will Increase the amounts of Borrower's Interest payments. PREPAVMENT. Borrower may pay without penally all or a porlion of the emount owed earlier than it is due. Early payments will nol, unless agreed to by Lender in writing, relieve Borrower of Borrower's obligation to continue to mlike payments of accrued unpaid interest. Rather, they will reduce the principal balance due. ' LATE CHARGE. If a payment 15 15 days or more lale, Borrower will be charged 5.000% 01 the regularly SCheduled payment. DEFAULT. Borrower will be in default if any of the lollowing happens: (a) Borrower lails to make any payment when due. (b) Borrower breaks any promise Borrower has made to lender, Of Borrower fails to comply with or to perform when due any other term, obligation, covenant, or condition contained in this Note or any agreement related to this Note. or in any other agreement or loan Borrower has with Lender. (e) Borrower defaults under any loan, extension of credit, security agreeme'nl, purchase or sales agreement, or any other agreement, in favor of any other creditor or person that may materially affecl any of Borrower's property or Borrower's ebllity 10 repay Ihis Note or perform Borrowe(s obligations under this Note or any of Ihe Related Documents, (d) Any representation or statement made or furnished to lender by Borrower or on Borrower's behalf is false or misleading in any material respect either now or at the time made or furnished. (e) Borrower dies or becomes insolvent, a receiver is appointed lor any part of Borrower's property, Borrower makes an assignment for the benefit of creditors, or any proceeding is commenced either by Borrower or against 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 securUy interest. This includes a garnishment 01 any of Borrowe(s accounls with Lender. (g) Any of the events described in this deJauit section occurs with respect to any guarantor of this Note. (h) A material adverse change occurs In Borrowe(s financial condman, or Lender believes the prospect of payment or performance of the Indebtedness is impaired. (I) Lender in good faith deems itsell insecure. If any defauit, other than a defauitln payment, 15 curable and If Borrower has not been given a notice of a breach of the same provision 01 this Note within the preceding twelve (12) monlhs, it may be cured (end no event of deJauit will have occurred) if Borrower, after receiving written notice from Lender demanding cure of such defauit: (a) cures the defaull within fifteen (15) days; or (b) If Ihe cure requires more than filleen (15) days, immediately initiates steps which Lender deems in Lender's sole discretion to be sullicient to cure the default and therealler continues and compteles all reasonable and necessary steps sufficient to produce compliance as soon as reasonably praclical. LENDER'S RIGHTS. Upon defaulI, Lender may, after gMng such nofices as required by applicable law, declere the entire unpeld principal balance on lhis Nole and all eccrued unpaid interest immediately due, and Ihen Borrower will pay that amount. Upon defeuit, including lallure 10 pay upon final maturity, Lender, at its option, may also, il permitted under appticable law, increase the variable interest rate on this Note to 4.000 percentage points over the Indlll<. The interest rate will not Ill<ceed the mulmum rale permllled by applicable law. Lender mey hire or pay someone else to help collect this Note If Borrower does not pay. Borrower also wlli pay Lender that amount. This includes, subject to any timils under applicable law, Lender's attorneys' fees and lender's legal expenses whether or not there is a lawsuif, including attorneys' fees and legal expenses for bankruptcy proceedings (including efforts 10 modify or vacate any automatic stay or Injunction), appeals. and any anticipaled post-judgmenl conection services. II not prohiblled by applicable law, Borrower also will pay any courl costs, in addition to all other sums provided by law. If judgmenl is entered in connecllon with this Note, interest will continue to accrue on Ihis Note aller judgment at Ihe interest rate applicable to Ihis Note al the time judgment is entered. Thts Nole has been delivered 10 Lender and accepted by Lender In Ihe Commonwealth 01 Pennsylvania. Illhere Is a lawsulI, Borrower agrees upon Lender's request 10 submlllo the JurisdictIOn of the COUrlS 01 Cumberland County, the Commonweallh 01 Pennsjllvanla. Lender and Borrower hereby waIXltl~.!tI!9j)tJo any lury trial In any action, proceeding, or counterclaim broughl by either Lender or Borrower against the Qtt\er. -(Inlttal Here N~/.~.~.~/.~.?:~:~~~.~.~.:~~.:1.~!t~~.~~~~) ThiS Note mall be governed by and construed In accordance with the !!W!s 0' tt;~ Commonwealth of Pennsy!vanla. OISHONORED ITEM FEE. Borrower will pay a fee to Lender of $10.00 if Borrower makes a peyment on' Borrower's loan and the check or preauthorized charge with which Borrower pays is later dishonored. RIGHT OF SETOFF. Borrower gra~ls to lender ~ contra~lual possessory security interest in, and hereby assigns, conveys, delivers, pledges, and transfers 1.0 Len.der all Borro~e"'~ nght. ,title and IOle~e~1 In ~nd to. Borrower's accounts with Lender (whelher ,checking, savings, or some other account), Including without limitation all accounts held JOJ~lIy with someone else and all accounts Borrower may open in the fulure, excluding however all IRA and Keo~h accounts, end all trust accounts for WhIch the grenl 01 a security in!erasl would be prohibited by law. Borrower authorizes Lender to the extenl permitted by applicable law, 10 charge or setoff all sums owing on this Nole agalnsl any and all such accounts. ' COLLATERAL. To Ihe extent colialeral previously has been given 10 Lender by any person which may secure this loan, whether directly or indirectly, il I~ specifically ~greed that all such collateral co~slsllng of household goods ~III not secure this loan. In addition, if any collateral requires the giving of a nght oi.resclSslon under Truth In Lending tor thiS loan, such coltateral also Wilt not secure this loan unless and until all required notices of that right have been given. LINE OF CREOIT. This Note evidences arevolvlng line 01 credit. Advances under this NOle, as well as directions for payment from Borrower's accounts, may be requested orally or In wntlng by Borrower or by an authorized person. Lender may, but need not, require thai all oral requests be confirmed in writing. The following party or parties Bre authonzed to request advances under the line of credit unlillender receives from Borrower at lender's addr~ss ~hown above written notice of revocation ~f their,authority: Robert Vlerlng, Jr., Bustness Individual. Borrower agrees to be liable for all sums either. (a). a~vanced in Bcc~rdance :-vith the instructions of an authorized person or (b) credited to any of Borrower's accounts with Lender. Th~ unpeld pnncl~al balance oWing on thiS Note at any time may be evidenced by endorsements on this Note or by Lender's Infernal records, Including daoly computer prlnt-outs. Lender WIll have no obllgallon to sdvance lunds under Ihis Nole if: (a) Borrower or any guarenlor is in defaull und~r the terms of thiS Note or any agreement that Borrower or any guaranlor has with Lender, including any agreemenl made in connectiOn with the signing of Ihls Note; (b) Borrower or any guarantor ceases doing business or 15 insolvent; (c) any guaranlor seeks, claims or otherwise attempls 10 limit, modIfy or revoke such guaranto(s guarantee of Ihls Nole or any other loan with Lender; (d) Borrower has applied tUnds pro<Jlded pursuant lolh' Note for purposes ,other than those authorized by Lender; or (e) lender in good faith deems itself Insecure under this Note or any other agreeme~ Roberl Vlerlng, Jr. (SSN: 179-50-4807) 14 Fleldcrest Orlve Mechenlcsburg, PA 17055 Lender: Commerce Bank/Harrisburg, National Association Maln Office/Commercial Cosl Center P.O. Box 8599 100 Senate Avenue Camp Hltt, PA 17001-8599 Borrower: Principal Amount: $5,000.00 Initial Rate: 11.000% ''i'~-''''Ill' ._, ~~~_. m~~ ~~ ,,",~,e,. "' . \~ 1"""""""'."'~"\!:R1_~~' 'I .- 1i j! ,i i i , il ij 1! i , , II il !i ,i'"". ,,,,".i""'''''''''''' .",. '"'~, '" ",. . 'i p' . _ h ___e . '.~ >',,_'_ ._, "". ." """ '. ,-,~, _..,..,"",,_~~'ImI.~!' l!llnli~lUt~~~~iJ~~,1 _,__jI~~~~.~~ill~~@I\i~! 06-09-1998 Loan No 2771595 PROMISSORY NOTE , (Cohtinued) Page 2 between tender and Borrower. GENERAL PROVISIONS. This Nole Is payable on demand. The inclusion of specific defaull provisions or rights 01 Lender shall,nol preclude Lender's righllo declare paymenl of this Note on its demand. Lender may delay or forgo enforcing eny of its rights or remedies under Ihis Note withoulloslng them. Borrower and any other person who signs, guarantees or endorses this Note, to the extent allowed by law, waive presentment, demand for payment, protest and notice of dishonor. Upon any change in the terms of this Note, and unless otherwise expressly stated in writing, no party who signs Ihis Nole, whelher as maker, guaranlor, eccommodation maker or endorser, shall be released from liability. All such parties agree Ihal Lender may renew or extend (repealedly and for any lenglh 01 time) Ihis loan, or release any party or guaranlor or collaleral; or impair, fail 10 realize upon or perfecl Lender's securily inlerest In Ihe collaleral; and lake any olher aclion deemed necessary by Lender wllhout the consenl of or nolice to anyone. All such parties also agree that Lender may modlty Ihls loan wilhoullhe consenl of or notice to anyone olher than Ihe 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 Nole. CONFESSION OF JUDGMENT. BORROWER HEREBY IRREVOCABLY AUTHORIZES AND EMPOWERS ANY ATTORNEY OR THE PROTHONOTARY OR CLERK OF ANY COURT IN THE COMMONWEALTH OF PENNSYLVANIA, OR ELSEWHERE, TO APPEAR AT ANY TIME FOR BORROWER AFTER A DEFAULT UNDER THIS NOTE, AND WITH OR WITHOUT COMPLAINT FILED, 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 AOVANCED BY LENDER RELATING TO ANY COLLATERAL SECURING THIS NOTE 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 FIVE HUNDRED DOLLARS ($500) ON WHICH JUDGMENT OR JUDGMENTS ONE OR MORE EXECUTIONS MAY ISSUE IMMEDIATELY; AND FOR SO DOING, THIS NOTE OR A COPY OF THIS NOTE VERIFIED BY AFFIDAVIT SHALL BE SUFFICIENT WARRANT. THE AUTHORllY GRANTED IN THIS NOTE TO CONFESS JUDGMENT AGAINST BORROWER SHALL NOT BE EXHAUSTED BY ANY EXERCISE OF THAT AUTHORllY, BUT SHALL CONTINUE FROM TIME TO TIME AND AT ALL TIMES UNTIL PAVMENT IN FULL OF ALL AMOUNTS DUE UNDER THIS NOTE. BORROWER HEREBY WAIVES ANY RIGHT BORROWER MAY HAVE TO NOTICE OR TO A HEARING IN CONNECTION WITH ANY SUCH CONFESSION OF JUDGMENT, 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. THE LIEN ARISING FROM ANY JUDGMENT CONFESSED OR ENTERED PURSUANT TO THE FOREGOING AUTHORllY SHALL NOT EXTEND TO ANY,OF BORROWER'S RESIDENTIAL REAL PROPERlY AS THAT TERM IS DEFINED IN THE PENNSYLVANIA ACT OF JANUARY 3D, 1974 (PA. LAWS 13, NO.6), REFERRED TO AS THE LOAN INTEREST AND PROTECTION LAW, AS AMENDED, AND THE HOLDER OF ANY JUDGMENT CONFESSED OR ENTERED PURSUANT TO THE FORGOING AUTHORllY SHALL NOT, IN ENFORCEMENT OF ANY SUCH JUDGMENT, EXECUTE, LEW OR OTHERWISE PROCEED AGAINST ANY SUCH RESIDENTIAL REAL PROPERlY; PROVIDED, HOWEVER, THAT THE LIEN OF SUCH JUDGMENT SHALl EXTEND TO SUCH RESIDENTIAL REAL PROPERlY AND THAT THE HOLDER THEREOF SHALL BE PERMITTED TO EXECUTE, LEW OR PROCEED AGAINST SUCH RESIDENTIAL REAL PROPERlY FROM AND AFTER THE ENTRV OF A JUDGMENT AS CONTEMPLATED BY SECTION 407 OF SUCH LOAN INTEREST AND PROTECTION LAW AND RULES 2981 TO 2986 OF THE PENNSYLVANIA RULES OF CIVIL PROCEDURE, OR SUCCESSOR OR SIMILAR STATUTES AND RULES. NO LIMITATION OF LIEN OR ANY EXECUTION, LEW OR OTHER ENFORCEMENT CONTAINED IN THE IMMEDIATELY PRECEDING SENTENCE SHALL APPLV WITH RESPECT TO ANY JUDGMENT OBTAINED OTHER THAN BY THE FOREGOING AUTHORllY TO CONFESS OR ENTER JUDGMENT. PRIOR TO SIGNING THIS NOTE, BORROWER READ ANO UNOERSTOOO ALL THE PROVISIONS OF THIS NOTE, INCLUDING THE VARIABLE INTEREST RATE PROVISIONS. BORROWER AGREES TO THE TERMS OF THE NOTE AND ACKNOWLEDGES RECEIPT OF A COMPLETED COPY OF THE NOTE. THIS NOTE HAS BEEN SIGNED AND SEALEO BV THE UNDERSIGNED. ,OO~.. ~ ~~ X rf"",'m~:'WW':'iYV"::')ft'V,itm0;f{$~1 obe Vie ng, Jr. I ,'" Signed, acknowledged and delivered tn the presence 01: X Witness X Witness Variable Rate. Line of Credit. LASER PRO, Reg. U.S. Pat. & T.M. Off., Ver. 3.24 (c11998 CFI ProSerVlces, Inc. AU rights reserved. (PA-D20 06VIE,lNI G ~, ~ _? - ~ , ,I! i-: , ,~,. :"'1,,, i' ',_ , " ~ _'k -._." ". \ 'I ,~ " i ~ I! I i 1 """4-'" .<" ~. -. ,,~ ~,. '.- . '."'-"",,""'" -. '-,' 7 .' ., {.:JII"" "C"'-'~_'_:_~~!~_ ,,,,,,.,,"r~, .~,~-" '_' M_' _, ._~, . ~"- ,'''''''' ~,,' ~ "-:"VN-~' '''''~._,~~,_~~ _ .,__~,,~ "~"'~'..""'_"" 1(1In:~'~''''''''''.TU'~~I~'~, "!l_OOIiJ,,. m~w~~~-g~" I I --", , . \,-".'.' DISCLOt{RE FOR CONFESSION OF JJDGMENT and do not limit the a Iicability of this document to an particular loan or item. Borrower: Robert V1erlng, Jr. (SSN: 179-50-4807) 14 Fieldcrest Drive Mechanlcsburg, PA 17055 Lender: Commerce BanklHarrlsburg, National AssociatIon Main OlllceJCommerclal Cost Center P.O. Box 8599 100 Senate Avenue Camp HIli, PA 17001-ll599 DISCLOSURE FOR CONFESSION OF JUDGMENT I AM EXECUTING, THIS q TO REPAV THAT AMOUNT. A. I UNDERSTAND THAT THE NOTE CONTAINS A CONFESSION OF JUDGMENT PROVISION THAT WOULD PERMIT LENDER TO ENTER JUDGMENT AGAINST ME IN COURT, AFTER A DEFAULT ON THE NOTE, WITHOUT ADVANCE NOTICE TO ME AND WITHOUT OFFERING ME AN OPPORTUNITV TO DEFEND AGAINST THE ENTRV OF JUDGMENT. IN EXECUTING THE NOTE, BEING FULLV AWARE OF MV RIGHTS TO AOVANCE NOTICE AND TO A HEARING TO CONTEST THE VALIDITY OF ANY JUDGMENT OR OTHER ClAIMS THAT LENDER MAV ASSERT AGAINST ME UNDER THE NOTE, I AM KNOWINGLV, INTELLIGENTLV, AND VOLUNTARILV WAIVING THESE RIGHTS, INCLUDING ANV RIGHT TO AOVANCE NOTICE OF THE ENTRV OF JUDGMENT, AND I EXPRESSLV AGREE AND CONSENT TO LENDER'S ~f~:G:::~R::::S::A: ~: ::::~O:O A:I:~N:I~::~:R ;:ET:~G:N::S::::::~::::::TA::~:~:I:~ :1:::: AOVANCE NOTICE OR A HEARING, THE CONFESSION OF JUDGMENT PROVISION IN THE NOTE ALSO CONTAINS LANGUAGE THAT WOULD PERMIT LENDER, AFTER ENTRV OF JUDGMENT, TO EXECUTE ON THE JUDGMENT BV FORECLOSING UPON, ATTACHING, LEVYING ON, TAKING POSSESSION OF OR OTHERWISE SEIZING MV PROPERTY,IN FULL OR PARTIAL PAVMENT OF THE JUDGMENT. HOWEVER, LENDER MUST PROVIDE NOTICE TO ME UNDER APPLICABLE LAW IN EXECUTING ANV CONFESSED JUDGMENT. IN EXECUTING THE NOTE, BEING FULLV AWARE OF MV RIGHTS TO AOVANCE NOTICE AND A HEARING AFTER JUDGMENT IS ENTERED AND BEFORE EXECUTION ON THE JUDGMENT, I AM KNOWINGLV,INTELLIGENTLV AND VOLUNTARILV WAIVING THESE RIGHTS, AND I ~::~:: :::~:; ~::~~:~~:!!::F::: F:~::I::D~::::~:T:N::A:p:~c:::I:: :V :::.:::: INiTIALS NEXT TO EACH STATEMENT WHICH APPliES, I REPRESENT THAT: . DAV OF -:s '^ N e'_ , l/f6, A PROMISSORV NOTE FOR $5,000.00 OBLIGATING ME INITIALS ~1' I WAS REPRESENTED BV MV OWN INOEPENOENT LEGAL COUNSB. IN CONNECTION WITH THE NOTE. c 2. A REPRESENTATIVE OF LENDER SPECIFICALLV CALLED THE CONFESSION OF JUDGMENT PROVISION IN THE NOTE TO MV ATTENTION. . D. I CERTIFV THAT MV ANNUAL INCOME EXCEEDS $10,000; THAT THE BLANKS IN THIS DISCLOSURE WERE FILLED IN WHEN I INITIALED AND SIGNED IT; AND THAT I RECEIVED A COPY AT THE TIME OF SIGNING. THIS DISCLOSURE HAS BEEN SIGNED AND SEALED BV THE UNDERSIGNED. x (SEAL) Signed, acknowledged and delivered In the presence 01: x WItness x Witness LASER PRO, Reg. U.S. Pat. & T.M. Off" Ver. 3.24 (c) 1 998 OFl ProServiees, Inc. All rights reserved. [PA-D30 06VIE.LN] "'-" ---"-, ' ! ~'" iliil I""'~ ' ('I';,:'" L ~':<, ',,' ,., ~ "-.,, '., , ,-~ ,'<:.r"'-~ ':f'tf>~ITw;jqi~ ~:~_RiI'i:"'ffi~,/t;~;~: }Fh!f~~fii;-~t~~~'J;'t; n "_Dl~ ll~_~f!!l'Ji-JJ '.!~~4il~rjLrl!T!lf~].'",~ ,_r,~~"ij1_IJIJ[ft:ff~\nl~fliI!!~~~_!_ILQJ,~ y ."In nul . ., J I,~,.... ~c:,,~. "',".C"i:' ",~n"c, 'CHANGE' IN TERMS AGREEMEi~T References in the shaded area are for lender's use only arid do not limit the applicability of this document to any particular loan or item. Borrower: RQbert Vlerlng, Jr. (SSN: 179-5l).4807) 14 FleldCreSt Orlve Mechanlcsburg, PA 17055 Lender: CQmmerce BanklHarrlsburg, NatlQnal AssQclatlQn Main OfllceJCQmmerelal ClIst Center P.O. BQX 8599 100 Senate Avenue Camp Hili, PA 17001-8599 Principal Amount: $20,000.00 Date of Agreement: June 28,1999......... - -' DESCRIPTION OF EXISTING INDEBTEDNESS. This Is a Variable Rate (2.00% Qver "COMMERCE BANK/HARRISBURG, NATIONAL ASSOCIATIONfT'l RETAil PRIME RATE', making an Initial rate Qf 11.00%), Dlsclosable RevQlving UneQf Credit loan to an Individual for $5,000.00 due on June 9,1999. ?C> DESCRIPTION OF COLLATERAL. Unsecured. ~ DESCRIPTION OF cHANGE IN TERMS. Modify Line of Credit from $10,000.00 to $20,000.00 due on June 9, 2000. <:j) PROMISE TO PAY. Ilobert Vlerlng, Jr. ('BQrrQwer') prQmlses to pay tQ Commerce BanklHarrlsburg, NatlQnal AssQclatlon ('Lender'), Qr order, - In lawful mQney Qf the United States Qf America, the principal amount of Twenty Thousand & 001100 OQllars ($20,000.00) Qr SQ much as may be !:-1 Qutstandlng, k>gelher with Interest Qn the unpaid Qutstandlng principal balance Qf each advance. Interest shall be calculated frQm the date of ~ each advance until repayment of each advance. . PAYMENT. Borrower will pay this loan on demand, or If no demand Is made, In one payment of all outstanding principal plus 811 accrued ?O unpaid Interest Qn June 9, 2000. In addition, BQrrQwer will pay regular monthly payments QI aeerued unpaId Interest beginning July 9, 1999, b- and all subsequent IMterest payments are due Qn the same day Qf each mQnth after that Interest Qn this Agreement is oomputed on a 3651365 t)- simple Interest basis; that Is, by applying the raOO QI the annual interest rate over the number of days in a Year, multiplied by the outstanding principal ~ balence, multiplied by the actual numbar of days the principal bslence is oulstanding. 8<lrrower will pay Lender at Lender's address shown ebelve or at ~ such other place as lender may designate In writing. Unless Qtherwise agreed or required by applicable law, payments will be applied firsl to any \ unpaid collection costs and any late charges, then to any unpaid Interest, and any remaining amount to principal. VARIABLE INTEREST RATE. The inlerest rate on this Agraement is subject to change from time to time based on changas in an index which is the ~ "COMMERCE BANKlHARRISBURG, NATIONAL ASSOCIATION RETAil PRIME RATE" (the 'Index"). The Commerce BanklHarrisburg, National-.j Association Retail Prime Rate, hereinafter relerred to es "Commerce Bank Prime" shall ba that rate which Lender establishes as its Prime Rate, whether ~ or not published. The establishment and publication of Commerce Prime Rate by lender shall not In any way preclude or limit lender from lending to "'- certain belrrowers, from time to time, at a rate of Interest less than the Commerce Bank Prime Rata. The Applicable Rate of Interest shall change on the t>-) date on which any change In the Commerce BanklHarrisburg, National Association Retail Prime Rate shall become effective. When said Interest rate changes on a day olher than a paymenl due date under this Note, interest shall be calculated on a per diem basis for such month. To the extent r;:, permitted by Pennsylvania law, interest shall be calculated by the method known as the 'Banker's Rule" using the aclual days the principal balance Is - \ outstanding hereunder divided by 3eO days and multiplied by the then applicable rate of interest described herein; provided, however, that to the extent such celculatlon Is not permitted by Pennsylvania law, interest hereunder shall be calculated on the basis of a 365 or 366 day year, as the case mey be. Lender will tell Borrower the current Index rate upon Borrower's request. Borrower understands that Lender may make loans based on other rates as well. The interest rate change will not occur more often then each day. The Index currently Is 8.500% per annum. The Interest rate to be applied to the unpaid princIpal balance QI this Agreement will be at a rate of 2.000 percentage points over the Index, resulting In an Initial rate of 10.500% per annum. NOTICE: Under m circumstances will the interesl rale on this Agraement ba more than the maximum rate allowed by applicable law. Unless waived I>y Lender, any Increase In the Interest rate wllllnerease the amounts of Borrower's Interest payments. PREPAVMENT. Borrower mey pay without penalty all or a portion of the amount owed earlier than it Is due. Early payments will no~ unless agreed to by Lender in writing, relieve Borrower of 8<lrrower's obllgellon to continue to make payments of accrued unpaid interest. Rather, they will reduca the principal balance due. DEFAULT. Borrower will be in default If any of the following happens: (a) Borrower fails to make any payment when due. (b) Borrower breaks any promise Borrower has made to Lender, or Borrower falls to comply with or to perform when due any other term, obligation, covenant, or condition contained In this Agreement or any agreement related to this Agreement, or in any other agreement or loan Borrower.has with Lender. (c) Borrower defaults under any loan, extension of credit, security agreement, purchase or sales agreement, or any other agreement, In favor of any other creditor or person that may materially affect any of Borrower's property or Borrower's ability to repay this Note or perform Borrower's obligations under this Nole or any of the Related Documents. (d) Any reprasentatlon or statement made or lurnished to Lender by Borrower or on Borrowar's bahalf Is false or misleading in any material respect either now or at the time made or furnished. (0) Borrower dies or becomes Insolvent, a receiver is appointed for any part of Borrower's property, Borrower make. an assignment for the banefit of creditors, or any proceeding is commenced either by Borrower or ageinst Borrower under eny bankruptcy or insolvency laws. (Q Any creditor tries 10 take any of Borrower's property on or In which Lender has a lien or security Interest. This includes a gamlshmenl of any of 8<lrrower's acoounts with Lender. (g) Any 01 the evenls described in this default section occurs with respect to any guarantor of this Agreement. (h) A material adverse change occurs In Borrower's linanclal condition, or ,Lender balieves the prospecl of payment or performance of the Indebtedness is impaired. (i) Failure to meellhe deadlines required In the Year 2000 CompUance Agreement to be Year 2000 Compliant or a reasonable likelihood that 8<lrrower cannot be Vear 2000 Compliant on or bafore Oecembar 31, 1999. Ol Lender In good falth deems itself Insecure, If any delault, other thM a default in payment, is curable and If 8<lrrower has not been given a notice of a breach of the same provision 01 this Agreement within the preceding twelve (12) months, it mey bs cured (and no event 01 default will have occurred) If 8<lrrower, after receiving written notice from Lander demanding cure of such default: (a) cures the delault within fifteen (15) days; or (b) It the cure requires more than lifteen (15) days, immediately Initiates steps which Lender deems In lender's sole discretion to be sufficient to cure the default and thereafter continues and completes all reasonable and necessary steps suffICient to produce compliance as soon as reasonably practical. LENDER'S RIGHTS. Upon defaul~ Lender may, aftar giving such notices as required by applicable law, declare the entire unpaid principal balance on this Agreement and alt accrued unpaid inlerest Immedlatety due, and then Borrower will pay thai amount. Lender may hlra or pay sornaone else to help collect this Agraement If Borrower does not pay. Borrower also will pay lender that amount. This Includes, subject to any limits under applicable law, lender's attomeys' fees and Lender's legal expenses whether or not there is a lawsuit, including attomeys' fees and legelexpenses for bankruptcy proceedings (Including efforts to modify or vacate any automalic stay or injunction), appeals, and any anticipated post-judgment ooltection services. If nol prohibited by applioable law, 8<lrrower also will pey any court costs, In addition to ali other sums provided by law. If judgmant Is entered In connection with this Agreement, Interest will, continue to accrue on this Agreement after judgment at the Interest rate applicable to this Agreement at the time Judgment Is - entered. ThIs Agreement has been delivered to Lender and accepted by Lender In the Commonwealth of Pennsylvania. If there Is a lawsuit, - PorrQ~er agrees upon Lender's: request to submit to the Jurisdiction of the courts of Cumberland County, the CommQnwealth Qf PeI1nsylvanla. This Agreement shalf be governed by and construed In accordance with the laws of the Commonwealth Qf Pennsylvania. RIGHT OF SETOFF. Borrower grants to lender a oontraclual security Interest in, and hereby assigns, conveys, delivers, pledges, and transfers to lender all Borrower's right, tiUe and Interest in and to, Borrower's accounts with lender (whether checking, savings, or some other account), Including wilhoulltmitaOOn ali accounts held jolnlly with someone else and ali accounts Borrower may open In the lulure, excluding however all IRA and Keogh acoounls, and all trust accounts for, whIch the grant 01 a security interest would be prohibited by law. Borrower authorizes lender, 10 the extent permitted by applicable law, to charge or setoff all sums owing on this Agraement against any and all such accounts. LINE OF CREDIT. This Agreemenl evidences a revolving line of credit. Advances under this Agreement, as well as directions for paymenl from Borrower's acoounts, may ba requested orally or in wrlllng by Borrower or by an authorized person. Lender may, but need not, require thel ~II oral requests ba confirmed in writing. Tha following party or parties are authorized to request advances under the lina of credit unfillender recalves from Borr,,"!er allenclar's address shown above written nolice of r~vocatlon of their authority: Robert Vlerlng, Jr., Business Individual. Borrower agrees to ba "able for all sums either: (a) advanced In accordance with the Instrucllons of an authorized person or (b) credited to any of Borrowar's accounts with Lender. The unpaid principal balence owing on this Agreamenl at any time may be evidenced by endorsements on this Agreemeilt or by Lender's Inlemal recordS, Including daily oomputer print-outs. lender will have no obligation to advance funds under this Agreemenllf: (a) Borrower or any guarantor is In defau!t under the te",!" of this Agreement or any agreement thai 8<lrrower or any guarantor hes with Lender, including any agreement made In oonnection with the slg",ng of this Agreement; (b) Borrowar or any guarantor ceases doing business or is Insolvent. (e) any guarantor seeks, claims or otherwise attempts to limit, modify or revoke such guarantor's guarantee of this Agreement or any other loan wiu' Lendar' (d) 8<lrrower has applied funds provided pursuant to this Agreement for purposes other then those authorized by Lender' or (e) Lender in good faith ' deems itself Insecure under this Agreement or any other agreement between lander and Borrower,. . ' CONTINUING VALIDITY. Exce~las expres~ly changed by this Agreement, the terms 01 the original obligation or obligations, Including a" agreements ~ldenCed ,or securing the obhgalton(~). ~emaln ,unchangp.d and In f~1I force and effect. Consent by lender to this Agreement does not waive Lender's noht to stnct !1t>rfntman~j:) ('If thD nhhl"l~tTf'l"'<::' ::10:: ,..h~l"!n.--~ n",~ "hl,,,,.,I,.., '''n~,..' ." ,....,..,I,~ ~...", f,,'...- c~._~__ :_ ._ .."_ _ . '. "_'_ " ," . ;:,;m!~"l.~~~~ _, ,~,.,.,.! ~......... "n;, I ~M~~~."""." '''-W'i'-~ ~~ ~ "_","_1111__."_~.~_ ~ ~r ......~,-~r;JW]ffi' llli "","",~", ; -\- -~ . ., n1"",J[U~U rr, ," ~ _,./lJ~~. _~, Jt ,.",__.,_",~ . ~ .-. ,~ -"-_4=,~'__""__"'_"'_." _~"_ -.. ~-~'_W' ".i-U,':;- ''"lti:-~'f'j-ltiiJjl.'''rT-\TI'."b'.-li':~i~"#1"7),?~~ ~~_niUI!lll!~ilJ,i:1iIi!ffi!~1l-:;s;lS-~;@i1lr-il',*",I,~,,)~-~t'~1~~J]f~.jji~~~~;I*,i;\lfu1\l}!!~~~t, 06-28-1999 Loan No 2771595 CHANGE IN TERMS AGREEMENT , (Continued) Page 2 constitullt a satislacpon of the obligatich(s). It Is thalntantion of Lendar to retain as liable parties an makers and endorsers of the.original oIlIigetion(s), 'l""IOOlng accommodation parties, unless e party Is expressly released by Lender In writing. Any maker or andorser, Including eccommodafion makers, will not be released by virtue of this Agreemanl If any parson who signed tha original obligation daBs not sign this Agreement below, than ell persons Signing below acknowledge thet this Agreement Is given conditionelly, based on the representation to Lender thet the non-slgnlng party consents to the changes and provisions of this Agreement or otherwise will not be released by il This waiver applies not only to any initial extension, modllication or release. but also to all such subsequent actions. MISCELLANEOUS PROVISIONS, This Agreement Is payable on demand. The Inclusion 01 specific default provisions or rights of Lender shall not preclude Lende~s right to dectare payment of this Agreement on Its demand. Lender may delay or forgo enforcing any 01 Its rights or remedies under this Agreement wtthout losing them. Borrower and any other person who signs, guarantees or endorses this Agreement. to the extent allowed by law, waive presentment, demand for payment, protest and notice of dishonor. Upon any change in the terms at this Agreement, and unless otherwise expressly stated In writing, no party who signs this Agrf3eme~t, 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 lor any length 01 tlma) this loan, or release any party or guarantor or collateral; 01 Impair, fall to realize upon or perfect lander's security interest In Ihe collateral; and take any other action deemed necessary by Lender without the consent of or notice 10 anyone. All such parties also agree Ihat Lender may modify this loan without the consent of or nollce 10 anyone other then the party with whom the modification Is made. If any portion of this Agreement is lor any reason deterl11lned 10 be unenforceable, It will nol affect the enforceability of any other provisions 01 this Agreemenl CONFESSION OF JUDGMENT. BORROWER HERE;BV IRREVOCABLY AUTHORIZES ANO EMPOWERS ANY ATTORNEY OR THE PROTHONOTARY OR CLERK OF ANY COURT IN THE COMMONWEALTH OF PENNSYLVANIA, OR ELSEWHERE, TO APPEAR AT ANY TIME FOR BORROWER AFTER A DEFAULT UNDER THIS AGREEMENT, AND WITH OR WITHOUT COMPLAINT FILED, AS OF ANY TERM, CONFESS OR ENTER JUDGMENT AGAINST BORROWER FOR THE ENTIRE PRINCIPAL BAlANCE OF THIS AGREEMENT, ALL ACCRUED INTEREST,LATE CHARGES, AND ANY AND ALL AMOUNTS EXPENOED OR ADVANCED BY LENOER RELATING TO ANV COLLATERAL SECURING THIS NOTE TOGETHER WITH INTEREST ON SUCH AMOUNTS, TOGETHER WITH COSTS OF SUIT, AND AN ATTORNEY'S COMMISSION OF TEN PERCENT (10%) OF THE UNPAIO PRINCIPAL BALANCE AND ACCRUEO INTEREST FOR COLLECTION, BUT IN ANY EVENT NOT LESS THAN FIVE HUNDREO DOLLARS ($500) ON WHICH JUDGMENT OR JUDGMENTS ONE OR MORE EXECUTIONS MAY ISSUE IMMEDIATELY; AND FOR SO OOING, THIS AGREEMENT OR A COPY OF THIS AGREEMENT VERIFIED BY AFFIDAVIT SHALL BE SUFFICIENT WARRANT. THE AUTHORITY GRANTED IN THIS AGREEMENT TO CONFESS JUDGMENT AGAINST BORROWER SHALL NOT BE EXHAUSTED BY ANY EXERCISE OF THAT AUTHORITY, BUT SHALL CONTINUE FROM TIME TO TIME ANO AT ALL TIMES UNTIL PAVMENT IN FULL OF ALL AMOUNTS DUE UNDER THIS AGREEMENT. BORROWER HEREBY WAIVES ANY RIGHT BORROWER MAY HAVE TO NOTICE OR TO A HEARING IN CONNECTION WITH ANV 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 LENOER SPECIFICALLY CALLED THIS CONFESSION OF JUDGMENT PROVISION TO BORROWER'S ATTENTION OR BORROWER HAS BEEN REPRESENTEO BV INDEPENDENT LEGAL COUNSEL PRIOR TO SIGNING THIS AGREEMENT, BORROWER REAO AND UNOERSrOOOALL THE PROVISIONS OF THIS AGREEMENT, INCLUDING THE VARIABLE INTEREST RATE PROVISIONS, BORROWER AGREES TO THE TERMS OF THE AGREEMENT ANO ACKNOWLEDGES RECEIPT OF A COMPLETEO COpy OF THE AGREEMENT. THIS AGREEMENT HAS BEEN SIGNED ANO SEALEO BV THE UNOERSIGNED. BORROWER, '~"" , - n the presence 01: ~ X X Witness Variable Rate. line Of Credit. "'- lASER PRO, Reg. U.S. Pal. & T.M. Off., Ver. 3.26c (c) 1999 CFI ProSel'llices, Inc. All rights fIlserved.IPA.D20 F3.26 09VIE,LNI 1:;:: l_, . ~1 ~1 "</". ~1~11'!~ ~ ",,'k"" e,' , - ~~. .,,~~- ,.... .~~ ','..". 'w_ -~ -;.,,' -":"-' ~ <~. '~;';'iiV0':"G;2;:"~:";f'f~j.tfi~Yor\i'<t'[i(~~r.trU'l'9i~~~Jj{;:~G}1 " '," .f<. ~., ~~L__!U.rHITII.~_,_('Urr .l~~H,~iI~.l. ,~.~~,__ "~:._~_I!im~~l!!I~I~""e_r,.'m~~i g'AANGE IN TERMS AGREEM~~T References in the shaded area are for Lender's use only and do not IimR the ap Iicabillty of this document to any particular loan or Rem, Borrower: Robert Vlerlng, Jr. (SSN: 179-50-4807) 14 Fleldcresl Drive Mechanlcsburg, PA 17055 Lender: Commerce BanklHarrlsburg, National Assoclallon Main Olllce/Commerclal Cosl Cenler P.O. Box 8599 100 Senate Avenue Camp Hili, PA 17001-8599 Principal Amount: $30,000.00 Date of Agreement: August 20,1999$ f"'> DESCRIPTION OF EXISTING INDEBTEDNESS. this Is a Variable Rate (2.00% over "COMMERCE BANKlHARRISBURG, NATIONAL ASSOCIATiON:!-. RETAIL PRIME RATE", making an Initial rate of 11.00%), Olsclosable Revolving Line of Credil Loan to an Individual for $5,000.00 due on June 9, 1999. ::. PESCRIPTlON OF COLLATERAL Unsecured. Ci'<..\ PESCRIPTION OF CHANGE IN TERMS. Modify Line of Credit from $20,000.00 to $30,000.00 due on June 9, 2000. ;.:; PROMISE TO PAY. Robert Vlerlng, Jr. ("Borrower") promises 10 pay 10 Commerce BanklHarrlsburg, Nallonal Assoclallon ("Lender"), or order, 0 In lawlul money of Ihe United Slates 01 America, Ihe principal amounl of Thirty Th~usand & 00/100 Dollars ($30,000.00) or so much as may be 0- OUlsIandlng, togelher with Interest on the unpaid auts1andlng principal balance of each advance. Inlerest shall be calcutated from the date of c: ,"ch advance until repaymenl of each advance. -,. PAVMENT. Borrower will pay Ihls loan on demand, or II no demand Is made, In one paymenl of all outslandfng principal plus all accrued unpaid Inlerest on June 9, 2000. In addlllon, Borrower will pay regular monlhly paymenls of accrued unpaid Inleresl beginning Seplember 9, 1999, and all aubsequenllnleresl payments are due on the same day 01 each month after IhaL Interest on this Agreement is cpmputed on a ~ :J65/365 simple interest basis; thet Is, by applying the retio of the annual Interest rate over the numbar of days in a year, multiplied by the outstanding principal balance, multiplied by the actual number of days the principal balance Is outstanding. Borrower wnl pay Lender at Lender's address shown -.I above or at such other place as Lender may designate In writing. Unless otheowlse agreed or required by appncable law, payments will be applied first -.l to any unpaid collection costs and any late charges, then to any unpaid interest, and any remainmg amount to principal. - VARIABLE INTEREST RATE. The Inlerest rale on this Agreement Is subject to change from time to time based on changes In an index which Is the ~ 'COMMERCE BANKlHARRISBURG, NATIONAL ASSOCIATION RETAIL PRIME RATE" (the "Index"). The Commerce BenklHarrlsburg, National\), Association Retail Prime Rate, hereinafter referred to as "Commerce Bank Prime" shall be that rate which Lender establishes as Its Prime Rate, whether . \ or not published. The establishment and publication of Commerce Prime Rate by Lender shan not in any way preclude or limit Lender from lending to certain borrowers, from time to time, at a rate of Interest less than the Commerce Bank Prime Rate. The Appncable Rate of Interest shan change on the date on which any changa In the Commerce BanklHarrisburg, National Association Retan Prime Rate shall become ellective. When said interest rate changes on a day other then a payment due date under this Note, interest shall be calculated on a per diem basis for such month. To the extent permitted by Pennsylvania law, Interest shan be calculated by the method known as the "Banker's Rule" using the actual days the principal belance Is oulstanding hereunder divided by 360 days and mulllplled by the "1S11appll~able rate of Interest described herein; provided, however, thet to the extenl such calculallon Is not parmltted by Pennsylvania law, Interest hereUnder shall be calculated on the basis of a 365 or 366 day year, as the case may be, Lender will tell BorroWer the current Index rate upon Borrowe(s request. Borrower understands that Lender may make loans based on other rales as well. The Interest rate change wlil not occur more often than each day. The Index currently Is 8.750"4 per annum. The Interest rate to be applied to Ihe unpaid principal balance of Ihls Agreemenl will be at a rale of 2.000 percentage points over tht'lndex, resulting In an Initial rate of 10.750% per annum. NOTICE: Under no circumstances will the interest rate on this Agreement be more than the maximum rate allowed by applicable law. Unless waived by Lender, any Incr..se In the Interesl rate will Increase the amounts of Borrower'. Inlerest paymenls. PREPAVMENT, Borrower may pey wRhout panalty all or a portion of the amount owed earlier than R Is due, Ea~y payments will not, unless agreed to by Lender In writing, relieve Borrower of Borrower's obligation to conlinue to make payments of accrued unpaid Interest. Rather, Ihey will reduce the principal balance due. DEFAULT. Borrower w"' be in default II any of the following happens: (a) Borrower fans to make any payment when due. (b) Borrower breaks any promise Borrower has made to Lender. or Borrower fails to comply with or to perfonn when due any other term, obligation, covenant, or condition contained In this Agreement or any agreement rel.ted 10 this Agreement, or in eny other agreement or loan Borrower has with Lender. (c) Borrower defaults under any loan,' extension of credit, security agreement, purchase or sales agreement, or any other agreement, In favor of any other creditor or person thet may materially affect any of Borrower's property or Borrower's ablilty to repay this Note or perform Borrower's obligetions under this Note or any of the Related Documents. (d) Any representation or statement made or furnished to Lender by Borrower or on Borrower's behalf Is false or misleading in any material respect either now or at the time made or furnished. (e) Borrower dies or becomes insolvent. a receiver is appointed for any pert of Borrower's property, Borrower makes an assignment for the benefit of creditors, or any proceeding is commenced either by Borrower or against Borrower under any banl<ruptcy or inSolvency laws. (q Any creditor tries to tai<e any of Borrower's property on or in which Lendar has a IIan or security Interest. this includes a gamlshment of any of Borrower's accounts with Lender. (g) Any of the events described In this default section occurs with respect to any guarantor of this Agreement, (h) A material adverse change occurs In Borrower's financial condRlon, or Lender balleves the prospect of payment or parformance of the Indebtedness Is impaired. (I) Failure to meet the deadlines required in the Year 2000 Compliance Agreement to be Year 2000 Compliant or a reasonable likelihood that Borrower cannol be Year 2000 Compliant on or before December 31, 1999. OJ Lender In good faith deems Itself Insecure. If any default, other than a default in payment, Is curable and if Borrower has not been given a notice of a breach of the same provision of this Agreement within the preceding twelve (12) months, R may be cured (and no event of delault will have occurred) II Borrower, after receiving wrllten notica!rom Lender demanding cure of such dafault (a) cures the delault wllhin fifteen (15) days; or (b) If the cure requires more then fifteen (15) days, immediately inRlates steps which Lender deems In Lende(s sole dlscrellon to be sullicient to cure the default and thereafter continues and completes ell reasonable and necessary steps sufficient to produce compliance as soon as reasonebly practical. LENDER'S RIGHTS. Upon default, Lender may, after giving such noIices as required by eppllcable law, declare the entire unpaid principal balance on mls Agreement and all accrued unpaid Interest Immediately due, and then Borrower will pay that amount. Lender may hire or pay someone else to help collecl this Agreement If Borrower doeS not pay. Borrower also will pay Lender th.t amount. this Includes, subject to any limits under applicable law, Lender's attomeys' fees and Lende(s legal expenses whether or not there Is a lawsuR, Including attomeys' fees and legal expenses for bankruplcy proceedings (Including efforts to r:nodify or vacate any automa~ic slay or Injunctfon), appeals, and any anticipated post-judgment collection services. If not prohlblled by eppllcable levl; Borrower also will pay any court casls, In eddlll6n to ell other sums provided by law. If judgment Is entered in connection with this Agreement.. Interest will conIinue to accrue on this Agreement after judgmant at the Interest rate applicable to this Agreement at the time ju~gmern .Is $Iltered. Thl_B .~greem~t -h;ul -b~ .c:te!!vered to lender ered s!:eep!ed by l...ander In the COfn.m~i).w~lIh of P~nnsylvanle. -If tnere Is a lawsuIt. Bor~owt!r agrees upon Lender'. requesl 10 submll to Ihe lurlsdlcllon of the courts of Cumberland Counly, the COmnlon_lthof Pennsylvania. thIs Agreement shall be governed by and con.trued In accordance with the laws 01 the COmmonwealth of pennsylvania. RIGHT OF SETOFF. BorroWer grants to Lender a contrectual security Interest In, and hereby assigns, conveys, delivers, pledges, and trensfers to Lender.1I Borrowe(s right, tllle and Interest In and to, Borrower's accounts wRh Lender (whether checking, savings, or some other account), Including without limitation all accounts held Jointly with someone else and all accounts Borrower may opan in the luture, excluding however all IRA and Keogh accounts, end all trust accounts for which the grant of a security Interest would be prohibited by law. Borrower authorizes Lender, to the extent permitted by applicable law, to charge or setoll all sums owing on this Agreement againslany and all such accounts. LINE OF CREDIT. This Agreement evidences a revolving line of credit. Advances under this Agreement. as well as directions lor payment from Borrower's accounts, may ba requested orally or In writing by Borrower or by an authorized parson. Lender may, but need not, require that all oral requests ba confirmed In writing. The following party or parties are authorized to request advances under tha line of credit until Lender receives from Borrower at Lende(s address shown above written nollceof revocation of their authority: Robert Vlerlng, Jr;, Business Individual. Borrower agrees to be liable for all sums either: (a) advanced In accordance wRh the Instructions of an authorized person or (b) credited to any of Borrowe(s accounts with Lender. The unpaid principal balance owing on this Agreement at any lime may ba evldanced by endorsements on this Agreement or by Lende(s Intemal r",,?rds, Including dany computer prlnt.outs. Lender will have no obligation to advance funds under this Agreement II: (a) Borrower Of any guarantor is on default under the terms of this Agreement or any agreement that Borrower or any guarantor has with Lender Including any .greement made In connection with the signing of this Agreemenl; (b) Borrower or any guaranlor ceases doing business or Is Insdven~ (c) any guarantor seeks, claims or otheowlse attempts to limit, modify or revoke such guaranto(s guarantee of this Agreemant or any other loan with Lender' (d) Borrower has applied funds provided pursuant to this Agreement for purposes other than those authorized by Lender' or (e) Lender In good faith ' deems Itself Insecure undar this Agreement or any other agreement between Lender and Borrower. ' CONTINUING VALtOITV. Excepl as expressly changed by \his Agreement, the terms of the original obligation or obllgallons, Including an agreements evidenced or securing the obllgatlon(s), temaln unchanged and In full force and effect. Consent by Lender to this Agreement does nol waive Lender's right to strict pertormance of the obligalion(s) as changed, nor Obligate lender to make any future change in terms. Nothing in this Agreement will I\~>.- rT ~.. ,1~ ~ ~:~~" , ' _,.,~I"'III1J";1 " "'""",, -- -." "" , "',,. '~"'~"_' ,_0 I"'~ c.'" ""'-,~- _',","/"'.<f.' . -'~ \i;-->;''' '-""-,<r1- ','j,""", ,,,w"""'!t~f:"'li'IJrrll{-h"'F'jr~t;: :~,;.:';';;"e-'j ''l' '~~"''':''-~~''~''~ - ., ,~ ~ ~,~rr~_~~~,~,,,,Ji!ffl1ili~_~~ip,''r'''WI~~)!~fIl~$!f~~f:fj~ill,~!~' 08-20-1999 Loan No 2771595 CHANGE IN TERMS AGREEMENT . (Continued) Page 2 constnute a satisfaction of the obllgati<ln(s). It Is the Intentlon of Lender to retain as liable parties ell makers and endorsers of th90oriijinal)'b1igallon(s), 'Including accommodation parties, unless a party Is expressly released by Lender In wrfting. Any maker or endorser, including accommodation makers. will not be released by virtue of this Agreement. If any parson who signed the original obligation does not sign this Agraement balow, than all parsons Signing below acknowledge that this Agreement Is given conditionally, based on the representation to Lender that the non-signing party consents to the changes and provisions of this Agreement or otherwise will not be released by it. This waiver applies not only to any initial extension, modification or release, but also to all such subsequent actions. MfSCELLANEOUS PROVISIONS. This Agr.eement IS payable on demand. The Inclusion of spaclflc default provisions or rights of Lender shall not preclude Lenda(s right to declere payment of this Agraament on lis demand. Lender may delay or forgo enforcing eny of lis rights or ramedies under this Agreement without losing them. Borrower and any other person who signs, guarantees or endorses this Agreement, to the extent allowed by law, waive presentment, demand for payment, protest and notice of dishonor. Upon any change in the terms of this Agreement, and unless otherwise expressly stated in writing, no party who signs this Agreement, 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 lor any length of time) this loan, or release any party or guarantor or collateral; or impair, fall to realize upon or perfect lender's security interest in the collateral; and take any other action deemed necessary by lender without the consent of or notice to anyone. All such parties also agree that lender may modify this loan without the consent of or notice to anyone other than the party wRh whom the modification is made. If any portion of this Agreement Is for any reason determined to be unenforcaable, II will not affect the enforceability of any other provisions of this Agreement. CONFESSION OF JUDGMENT. BORROWER HEREBY IRREVOCABLY AUTHORIZES AND EMPOWERS ANY ATTORNEV OR THE PROTHONOTARY OR CLERK OF ANV COURT fN THE COMMONWEALTH OF PENNSYLVANIA, OR ELSEWHERE, TO APPEAR AT ANV TIME FOR BORROWER AFTER A DEFAULT UNDER THIS AGREEMENT, AND WITH OR WITHOUT COMPLAINT FILED, AS OF ANY TERM, CONFESS OR ENTER JUDGMENT AGAINST BORROWER FOR THE ENTIRE PRINCIPAL BALANCE OF THIS AGREEMENT, ALL ACCRUED INTEREST, LATE CHARGES, AND ANY AND ALL AMOUNTS EXPENDED OR ADVANCED BY LENDER RELATING TO ANV COLLATERAL SECURING THIS NOTE 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 ANV evENT NOT LESS THAN FIVE HUNDRED DOLLARS ($500) ON WHICH JUDGMENT OR JUDGMENTS ONE OR MORE EXECUTIONS MAY ISSUE IMMEDIATELY; AND FOR SO DOING; THIS AGREEMENT OR A COpy OF THIS AGREEMENT VERIFIEO BV AFFIDAVIT SHALL BE SUFFICIENT WARRANT. THE AUTHORITY GRANTED IN THIS AGREEMENT TO CONFESS JUDGMENT AGAINST BORROWER SHALl; NOT BE EXHAUSTED BV ANY EXERCISE OF THAT AUTHORITY., BUT SHALL CONTINUE FROM TIME TO TtME AND AT ALL TIMES UNTIL PAVMENT IN FULL OF ALL AMOUNTS DUE UNDER THIS AGREEMENT. BORROWER HEREBV WAIVES ANY RIGHT BORROWER MAY HAVE TO NO-nIi;:E OR TO A HEARING IN CONNECTION 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 AGREEMENT, BORROWER READ AND UNDERSTOOD ALL THE PROVISIONS OF THIS AGREEMENT, INCLUDING THE VARIABLE INTEREST RATE PROVISIONS. BORROWER AGREES TO THE TERMS OF THE AGREEMENT AND ACKNOWLEDGES RECEIPT OF A COMPLETED COPY OF THE AGREEMENT. THIS AGREEMENT HAS BEEN SIGNED AND SEALED BV THE UNDERSIGNED. BORROWER: ~~J!W'&?JJir;ISEAL) X X Wltnes. LASER PRO, Reg. U.s. Pat. & T.M. Off., Ver. 3.27a (e) 1999 CFI ProServices, Inc. All rights reserved.IPA-020 E3.27 F3.27 P3.27 09VIE.LN) Variable Rale. Una of Credit. . !fie. '.'.."....'... (~'~-' ~,,~. '~~c~y;, '?ili) ,~. I I I ~~ ,.",,,,,,,,,~ . '---'"","'",,, '."-, .~ , "_P'-~, ,,' r'-' ~~- ,-"-' ~~ "',,r. w.~,"",.. ~-"",,,1P.""~l""'T_" - - -~-,,- ,,~ ,,"'"+'< .'~ -' -~ err' ',',"\I~. '''"''<:''';;, -'0,.;.:,d;,"I",,0", "., ":---";~-->!;:~;"'ni~'T!;-~T;rlrwtfr,.iltJjt'-'lfM.~~"'~'lMJF:1i~~f.~'-r';T\t' Rll!lPJlf~ j _l!if)~.\tH!ii~_t~I~i!l~~!O'~~~""_~_T_~",","e">'''''~''1~_'f"-~_J!-~~1l~,.[,Jl!t~__ ~"yi1\ ~. CHANGE IN TEF!MS 'AGREEM Borrower: Robert Vierlng. Jr. (SSN: 179-50-4807) 14 Fieldcresl Drive Meehanicsbutg, PA t 7055 Lender: Commerce BankfHarrisburg, National Association Main OfficefCommercial Cost Center P.O. Box 8599 100 senate A\l'enue Camp Hill, PA 17001-8599 Principal Amount: $50,000.00 Date of Agreement: February 25, 2000 DESCRIPTION OF CHANGE IN TERMS. IncreasB Loan amount from $30,000.00 to -$50,000.00. PROMISE TO PAY. Robert Viering, Jr. (-Borrower.) promises to pay to Commerce Bank/Harrlsburg, National Association (-Lender.), or order, In lawful money ot the United States of America, the tKinclpa' amount 0' Fitly Thousand & ODI1DO DoJlars ($50,000.00' CT.O muen as may be outstanding, together wUh inlerest on the unpaid oulstanding principal balance of each advance,- Interest shall be calculated from the date of each advance until repayment of each advance. PAYMENT. Borrower will pay this loa1l on demand, or If no demand is made, in one payment,ol all outstan~l~g prlnciJNIII plus all accrued unpaid Interest on February 25, 2001. In addition, Borrower will pay regular monthly payments 01 accrued unpaid mterest beginning March 25, 200D, and aU subSe!luent interest paymenl$ are due on the same day of each month after that Interest on this Agreement is computed on a 3651365 simple interest baSIS: trIal is, by a~lying the ratio of the annual interest rate ()Ij9f the number of days in a year, multiplied by the oubtandlng principal balanc!!, multiplied by the aCl1Ja1 number of days the principal balance is outstanding. Bonower will pay l.erujec at Lender's address shown above or al such olller place as Lender may designate in wriling. Unless othefWIse agreed or required by applicable law, paymenls w~l be applied Ilrst to al1Y unpaid collection cost!. and any late charges, lhen to any unpaid interesl, and any remaining amount to principal. VARIABLE INTEREST RATE. The Interest rate on this Agreement is SUbject to change from time to time based on changes In an Indu which is the .COMMERCE BANKlHARFl;lSBURG, NATIONAl ASSOCIATION RETAiL PRIME RATE" (the "Index"l. The -Convneroe BanklHalrisburg, Nalional Association Retail Pllme Rate, hereinafter referred to as "Commerce Bank Prime" shaU be that rate which Lender establishes as its Prime Rate, whether or not published. The establishment and publication of CCM'nmerce Prime Rate by Lender shall no! in any way preclude or Iim~ Lender lrom lending to certain borrowers, from time to time. at a rale of interest less than the Commerce Bank Prime Rate. The Applicable Rate of Interest shall change on the dale on which any change in the Commerce BanklHarrisburg, National Association Retan Prime Rate shall become effective. When said interest rate changes on a day other than a payment due dafe under !his Nole, interest shall be calculated on a per diem basis Iol'" such month. To the extent pElrmltted by Pennsylvania IlJw, interest shall be calculated by the method known as the "Banker's Rul." using the actual days the principal balance is outstanding hereunder divided by 360 days and multiplied by the then applICable rate 01 interest descnb&d herein; provided, however, that to the eldent such calculation is not permitted by Pennsylvania law. lnterest hereunder shall be calculated on the basis of a 365 or 366 day year, as the case may be. Lender will tell Borrower the ClJrrent Index rate upon Borrower's request. Borrower understands tfiat lender may ma~ loans based on other rate!. as well. Tho interest rate change \'11m net occur more often than each day. The Index currently Is 9.sDO% per annum, The interest rate 10 be applied 10 the unpaid principal b,elance'of this Agreemenl will be at II rare 0' 2.000 pelUln1age polnb.over the lncU>x., resulting in an lniIlai 'ate 01 11.500"100 per annum. NOTICE; Under no circumstances will the interest rale on this Agreement be mora than the maximum rate allowed by applicable law. Unless waived by Lender, any Increase in the interest rate will increase the amounts of Bo~er's lnte.rest payments. PREPAYMENT. Bonower may pay wilholJt penally all or 8 portion of the amount owed earlier than it ~ due. Early payments will not, unless agreed to by Lender in writing, relieve Bonower of Borrower's obligation 10 continue to make payments of accrued unpaid interest Rather, they will reduce lhe principal balance due. DEFAULT. Borrower will be In default it any of the following happens: (a) BOnower failS 10 make any payment when due, (b) Borrower bleaks any prmIise Borrower has made to Lender, or Borrower fails to,comply with or to perform when due any other term, ClbIIgalion, covenan!. or condiUon contained in lhis Agreemenl or any agreement relaled 10 this Agreement. or in any other agreement or loan Borrower has with Lender. (el Borrower defaults under any loan, extension of credit. security agreement, purchase or sales agreement, or any other agrgem9nt. in fa\IOr of any other creditor or person that may materially affect any of Borrower's property or Borrower's ability to repay this Note or petform Borrower's obligations under this Nole or any of lhe Refaled Documonts. (d') Any representation or statement made or furnished to Lender by Bonower or on Borrower's behalf Is false 01' misleading in any materiall't:spect either now 01' at !he time made or fumisl1ed. (e) Borrower dies or becomes insolvent, a receiver is appointed. for any part 01 Borrower's property, Borrower makes an assignment for the benelil of creditors, or al'lY proceeding Is commenced either by Borrower or against Borrower under any bankruptcy or insolvEll'V::Y laws. (I) Any creditor tries to take any of BOlrower's property on or in which Lender has a lien or security interest Thi~ inchxles a gamishment of any 01 Borro>over's aecounts wlth Lender. (g) Any 01 the events described in this default section occurs with respect to any guarantor of this Agreemel'lt. (h) A material adverse change occurs In Borrower's financial condlUon. or Lender believes the prospect of payment or performance of the tndebtedness Is i~ired. (I) Lender in good laith deems itself Insecure. II any default. other than a defaull in payment, is curable and if Borrower has not been given a notice of a breach of the same provlSlon 01 lhis Agreement within the preceding twelve (12) monlhs, it may be cured (and no event of default will have occurred) il Borrower, after receiVing written notice from lender demanding cure of such default (al cures the delault within fifteen (IS) days; or (b) iI the cure requiles more than lifteen (15) days, immedialely Iniliates steps Which Lender deems in Lender's sole discretion 10 be sufticient to cure the default and thereafter conlinues and cOmpletes all reasonable and necessary steps suffICient to produce compliance as 900n as reasonably practical. LENDER'S RIGHTS. Upon default, Lender may, afler giving such notices as required by applicable law, declare the entire unpaid principal balance on this Agreement and all accrued unpaid interest immedialely due, and lhen Borrower wm pay that amount. Lender may hire or pay someone else to help coIlectlhis Agreement il Borrower does not pay., Borr~er also will pay Lender that amount This includes, subject to any limits under applicable law. Lender's anorneys' lees and Lender's legal expenses whether or nollhere is a lawsuit, including attorneys'lees Bnd legal expenses for bankruptcy ploceedjngs (/ncJoong efforts to mJdiIy Of vacate any automatic slay Of injunction), appeals, and WJ)' anticipaIed post-judgment COI~ services. If not pro~libil8d by applicable law, Borrower also w~l pay any court costs, in addition to all other sums provided by law. If judglfWlnt IS entered in connection ......ith thiS Agreement interest wUl contirlue to accrue on this Agreement after judgment at the interest rate applicable to Ihis Agreement at the time jlJdgment is entered. This Agreemflnt has been delivered to lender and accepted by lender In the Commonwealth of' Pennsylvania. If there is a lawsuIt, Borrower agrees upon Lender's request to submit to the jurisdlctton of the courts of Cumberland County, the Commonweallh 01 Pennsylvania. This Agreement shall be governed by and construed in accordance with the laws of the Commonweallh of Pennsylvania. RIGHT OF SETOFF. ,Borrowel grants to Lender 8 contractlJal security interest in, and hereby assigns, conveys, delivers, pledges, and transfers to L':l"der ~1I Borrower's nght. t!lle an~ j~terest I/'l and to, Borrower's aCCO\lnts With Lendor (whether checking, savings, or some other llCCOllnt), inelUding withoul limitatIOn all accounts held JOintly. v.iltl someone else and all accounts Barlower may open In the future, excluding however .aA IRA and Keogh aCt;o~nls, aM all trust accounts for wtllch the grant of a security interesl would be prohibited by law. Borrower authorl2ss Lel'lder, to the eldenl permlllod by applicable Jaw, to cllargs or setoN al/ sums owillg on !his Agreemenl 8gam! any and all such accounts, ~OL~TERAL.. To the extent collateral prevooslyhas been gIVen to Lender by any person which may sf!C1.Ire this loan, wh9ther directly or indirectly, it IS speCifically ~greed !hat all such coll~leral consisllng of household goods wiD not S9C1.Ite this loan. In addition, if any collateral reqUireS the giving of a right 01. resclSSIOl1 under Truth in lending lor this loan, suCh collateral also will not secure ltlis loan unleas and until all required notlces 01 that right have been gIVen. LINE OF, CREDIT. This Agreement evidences ~ revol.ving fine of credit Advances under this Agreement, as well as directions for payment from aorrowers acco~nts, may ~ reques1ec:l orally or In WTllll'Ig by Borrower or by an authorized person. Lender may, but need not, require thai all oral requests be conllrmed In whling. The following partv or Darties are authorized to requOl'it advances under the line 01 credit until Lender receives from Bor~er at Lender's add.ress shown above written notice of revocation of their 8ultlorlty: Robert Vlertng, Jr" Business Individual. Borrower agrees to. be liable for all sums ~er:. la.' advanced In a~danee with the instructions 01 an authorIZed person or (b) credlted to any of Borrower's 8CCO\,lnts with len~r. The unpa~ prInCipal balance owing on !his Agreement at any time may be evidenced by endorsements on this Agreement or by lender's Internal TeC?n:iS. I~Cludlllg daily computer P'!"l-oub. Lender wDl have no obligation to advance funds under this Agreement if: (e) Borrower or any guarn.nlOr 19 In defaull undel the lerms 01 thiS Agreement or any agreement thai Borrower or any glJarantor has with Lender inclUding any a~rAement made in ?Mnection wi.th the Signing of this Agreement; (b) Borrower or llny guarantor ceases dolng business or Is Ins';'vent; (c) any guarantor seeks, ci81~ or olherwrs~ attempts to limit, modify or levoke such gllaranlOr's guarantee of this Agreement or any Olher lOan with Lem:ter; (dj Borrowerhas applied funds provldEld Jlursuant to thl, Agreement for purposes (llher than those authoriZed by Lender: 01 (e) Lender in good failh deems Il.~elf InSecure under this Agreement or any other agreemenl between lender and Borrower. ' C,?NT1NUING VAI.:IDITY. Exce~ as expressly changed by this Agreement. the terms of the original Obligation or Obligations, inclUding all agreements evidenced Or securing the Obhg8.tion(S), remain unchanged and in lull force and effect. Consent by Lehder to this Agreement does not waive Lender's right ~o strict performance bf the obligation(s) 8S changed. nor obligate lender to make any future change in tenntl. Nothing In this Agreement will constllule a s<'ll:slact;on 01 the obIigation{s). It is the infention 01 Le~'::Ier to retain as liable parties all makElf$ and 8ndorsers of tho orlginal obllglUon(s), ,!~~1 A.4~:;'~'~_~~~,..""1,!,,,_"",!= ~"_" -"" ','''' F""'"'"'1~. - ~~" 02-25,2000 Loan No zn1595 fc'c-_'S ~~~.. CHANGE II'! (6;~I~:e~GREEME~;i Page 2 including accommodation parties, unless a party IS expressly released by Lender in writing. My maker or endorser. Including accommodatiOn makers, will not be released by virtue 01 this Agreement II any persol'l who signed the original obligation does not sign this Agreement below. then all persons signing below ,acknM..ledg'e fhallhis Agreement is given conditionally, based on the representation to lender that the non-signing party consents to tfle cha'~ges and p}OVlsions of this Agreement or otherwise will not be released by;1. This waiver applies not only to any Initial extension, mcM!!tJClltilJn ... release, but also to all such subsequent actions. MlSCElLANEOUS PROVISIONS. lhis Agreemer.t i& payable 00 demarn:l. The irlClusioo Qt specific uetault provisions OT tights of L.ender shall f\01. prCGlude Lender's right to declare payment of this Agreement on its dflmand_ Lender may delay or forgo enforcing anvof it$ righlS or remedies under this Agreement without losing them. 80l'rower and any other person who signs, guarantees or endorses this Agreemenl10 the axlent allowed by law, waive presentment, demand for paymenl protest and nolice of dishonor. Upon any change in the terms of this Agreement. and unless otherwise expressly sta.led in writing, no party who signs this Agreement. whether as maker, guaranlor, accommodation maker or endorser, shall be released from liahmty. All such parties agree that lender may renew or elC1cnd (repeatedly and for any length of time) this loan, Of release any party or guarantor 01 OOllateral; or impair, laa to reahze upon. or perfect Lender's SEM:urily interest to. the collateral; and tak.e any other action deemed necBSsary by Lender withoul Ihe consent of or notice 10 anyone. All such parties also agree that L~er may modify this k;lan without ~ ~en1 01 or notice 10 anyone other lhan tho party with whOm the modification is made, l! any portion of this Agreement Is for any reason determined to be unenforceable, it will riot aHeet the enforceability of any other provisions of this Agreement. 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 DEFA\JLT UNDER THIS AGREEMENT, AND WHH OR WITHOUT COMPlAINT FILED, AS OF ANY TERM, CONFESS OPI ENTER JUOGMENT AGAINST BORROWER FOR THE ENTIRE PRINCIPAL BAlANCE OF THIS AGREEMENT, ALL ACCRUED INTEREST, LATE CHARGES, AND ANY ANt: All AMOUNTS EXPENDED OR ADVANCED BY LENDER RELATING TO ANY COLLATERAL SECURING THIS NOTE TOGETHER WITH INTERESl ON SUCH AMOUNTS, TOGETHER WITH COSTS OF SUIT, AND AN AlTORNEV'S COMMISSION OF TEN PERCENT (10%) OF THE UNPAID PRINCIPAL BALANCE AND ACCRU!.;D INTEREST FOR COllECTION, BUT IN ANy EVENT NOT LESS THAN FIVE HUNDRED DOLLARS ($500) ON WHICH JUDGMENT OR JUDGMENTS ONE OR MORE EXECUTIONS MAY ISSUE IMMEDIATELY: AND FOR SO DOING, THIS AGREEMENT OR A COPY OF THIS AGREEMENT VERWIED BY A.FFIDA.VIT SHALL BE SUFFICIENT WAR.RANT. THE AUTHORITY GRA.N1EO IN 1HIS AGREEMENT 1C CONFESS JUDGMENT AGAINST BORROWER SHAll NOT BE EXHAUSTED SY ANY EXERCISE OF THAT AUTHORITY, BUT SHALL CONTINUE FROM TIME TO TIME AND AT All TIMES UNilL PAYMENT IN FULL OF AU AMOUNTS DUE UNDER THIS AGREEMENT. BORROWER HEREBY WAIVES ANV RIGHT BORROWER MAY HAVE TO NonCE OR TO A HEARING IN CONNECTION WITH ANY SUCH CONFESSION OF JUDGMENT, EXCEPT ANY NOTICE AND/OR HEARING REaUIRED LINDER APPLICABLE LAW WITH RESPECT TO EXEClTTlON OF THfI: JUDGMENT, AND STATES THAT EITHER A REPRESENTATIVE OF LENDER SPECIFICAllY CAllED THIS CONFESSION OF JUDGMENT PROVISION TO BORROWER'S A TTENnON OR BORROWER HAS SEEN REPRESENTED BY INDEPENDENT LEGAL CQUNSa.... PRIOR TO SIGNING THIS AGREEMENT, BORROWER FlEAD AND UNDERSTOOD ALL THE PROVISIONS OF THIS AGREEMENT, INCLUDING THE VARIABLE INTEREST RATE PROVISIONS, BORROWER AGREES TO THE TERMS OF TtfE AGREEMENT AND ACKNOWLEDGES RECEIPT OF A COMPLETED COPY OF THE AGREEMENT. THIS AGREEMENT HAS BEEN SIGNED AND SEALED BY THE UNDERSIGNED. BORROWER: X;:(~f~S(~'- x Wilness Vanllblel'lal.. lJ".c~Cf1ldt LASER PRO. Reg. U.$. Pat & T.M. 011.. Vet. 3271 (cj2000CFl p~SeMce$, lne. All righlS reH"'led, IPA.D20E3.21 1'3.27 P3.1106Vlf.1 rolJ ~W-'!lr4'~ -', ~T' ,-,,,.- -'-0 'I ,! :i .~ I[ II "t. ~ in ,I :'i Jj :!il 1.1 jl " i' :1,1 II " , .r: i] ,,' ',I ]1 " , " j] :j Ii !! . ~ . " ~_1lIll1ll! -1- flijl'l!'l!ift11f~.""",-__I!I![IlmIJl~~fflWl~~-';ffiOO!!'Vjl'>!I""-~~li'~"!\''''~...~J^, JlW.WI"~~"!lilifi!;JtI-~ . .., I ~ ' COMMERCE BANK/HARRISBURG, N.A., IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL VANIA Plaintiff CIVIL ACTION v. NO. ROBERT VIERING, JR., Defendant AFFIDAVIT OF ADDRESS AND INCOME AND VERIFICATION OF NON-MILITARY SERVICE I, David C. Amsden, being duly sworn according to law, depose and say that: 1. I hold the title of Vice President/Asset Quality at Commerce Bank! Harrisburg, N.A., the Plaintiff in this action, and I am authorized to make this Affidavit on its behalf. 2. Defendant is Robert Viering, Jr., an adult individual. 3. To the best of my knowledge, information and belief, the income of the Defendant exceeds $10,000 per year. 4. The address of the Defendant is 14 Fieldcrest Drive, Mechanicsburg, Pennsylvania 17055. ^-,-~<___"': _'__,_',_:"",_,-",-,re._;". "'__-<<""~,"'" .""'~,_-<"_,~_,,,. _,__,_._=_,,~ ,~_~. _,__.~_''-<-=",_~', i !l ,1 il h }j IJ 'I ,ill: i~ i.-~ " ; ~' < ", ,'0 ,,111._0,0_,_, ,,'- . ~'r"'", "",-,_-,.'''~_~,.li!l_ '-,,", ,--. ,-_.,-'Q- . ., > ".iI 1 J 5. To the best of my knowledge, information and belief, Defendant is not in the military service of the United States, nor any state or territory thereof, or its allies as defined in the Soldiers' and Sailors' Civil Relief Act of 1940 and amendments thereto. IN WITNESS WHEREOF, I have hereunto set my hand and seal this 20th day of December, 2000. Uttk-- David C. Amsden Vice President/Asset Quality Commerce Bank/Harrisburg, N.A. "- ... , :, II JI 'I ij- I '~~ .iri 'I ill' :1' l~ ., Ii ~ ;'r,' . ....,.,.,. .J_t]J~,_,...~.".~, .-",", il'i.~ ~ ,~ :0- f " . COMMONWEALTH OF PENNSYLVANIA :SS. COUNTY OF CUMBERLAND On this 20th day of December, 2000, before me, the subscriber, a Notary Public in and for the Commonwealth of Pennsylvania, personally appeared Guy P. Beneventano, Esquire, who being duly sworn according to law says that he/she was personally present at the execution of the foregoing instrument and he acknowledged that the said instrument was duly executed by David C. Amsden, for purposed therein contained and in the capacity therein stated, and that the name of this deponent and of said David C. Amsden subscribed to the said instrument are of their respective handwritings. ~7~'~ - /' ' Beneventano, Esquire Sworn t~d subs~ed before me this dfl...:. Clay of ()/ / , 2000. WITNESS my hand and Notarial Seal the day and year afores~. ~f0df ~ptyd Notarial Seal . Margaret L. Boyd, Nota'Y. Public Susquehanna Twp.,. Dauphin County My Commission Expires June 27, 2004 Member, pennsylVaniaAssoCiatlonot Notaries '-,' c,.""'- .-~~, - -, - ' . " ~ I I ! " II" Ii 111 ,Ii !~, i 'I,,! ~ 111 1'1," , ~~ , I! ,--,....,.,,--,),,'., _'>~' ,,_<'.'''J-C-,'-,;'''''',,",' '_" ',.-'00,'" . ~ \~ ......, .'-," ", ,,, ,~,.,,,'-~,' ' .J, ~ ~ ... ~",,~, ,'-", .~~, ,-,- "--.:-' -'~' - ,- . ~~ ~~ ,~ \ '1 ~ ~ ~ , ~,~, ~\'" , '" ~" ~ ' "" .,.~_,- "''''w''-'~__' ~ ... t l~ '_ ' :1, 1\il1~.J!,I~:: '___~:'" _.",-fl-A"" ,_-~"-_ .<,,- . , ...", ~ c) (") (:) ';'l ~;. '-'! I '~ , , '-:;': :.< i-~ ~~ "" - __.~:t "'" 1[~-mBl