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PNC BANK, NATIONAL ASSOCIATION
Plaintiff
v.
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
: NO. 01-/6P...? C!I(,)~L'-r~
CHARLES E. BINGMAN AND CONNIE L. : CONFESSION OF JUDGMENT
BINGMAN : CNIL ACTION - LAW
Defendants
CONFESSION OF JUDGMENT
Pursuant to the authority contained in the warrant of attorney, the original or a copy of
which is attached to the complaint filed in this action, I appear for the Defendants and confess
judgment in favor of the Plaintiff and against Defendants as follows:
Principal
$ 28,768.39
Other authorized items:
Interest to January 16, 2001
$ 311.46
Attorney's Commission
$ 2,907.99
TOTAL
$ 31,987.84
Respectfully submitted,
SAlOIS, SHUFF, FLOWER & LINDSAY
Date:
V/6/0!
By:
arl M. edebohm, Esquire
Supreme Court ID #59012
2109 Market Street
Camp Hill, PA 17011
(717) 737-3405
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PNC BANK, NATIONAL ASSOCIATION : IN THE COURT OF COMMON PLEAS
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
v.
: NO.
CHARLES E. BINGMAN AND CONNIE L. : CONFESSION OF JUDGMENT
BINGMAN : CIVIL ACTION - LAW
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, Pennsylvania.
2. The name and last known address of the Defendants is Charles E. Bingman and
Connie L. Bingman, 712 Hilltop Drive, New Cwnberland, Pennsylvania 17070.
3. Defendants Charles E. Bingman and Connie L. Bingman ("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, inter alia, the payment of
all amounts due to Plaintiff by Modem Concepts, Inc. ("Debtor") under the Promissory Note dated
August 18, 1999 in the original principal amount of $30,000.00 (the "Note"), a true and correct
photostatic copy of which is attached hereto as Exhibit "B" and made part hereof.
5. Debtor is in default of Debtor's obligations under the Note and Defendants are in
default of Defendants obligations under the Guaranty to make payment to Plaintiff as required in
the Guaranty.
7. Judgment is not being entered by confession against a natural person in connection
with a conswner credit transaction.
8. There has not been any assignment of the Note.
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9. Judgment has not been entered on the Note in any jurisdiction.
10. An itemized computation of the amount due to Plaintiff by Defendants as a result of
Debtors' default is as follows:
a.
Principal
$ 28,768.39
b.
Interest to January 31, 2001
$ 311.46
c.
Attorneys' commission
$ 2,907.99
e. Total due to Plaintiff as ofJanuary 30, 2001 $ 31,987.84
11. Interest continues to accrue at the default rate provided in the Note.
WHEREFORE, Plaintiff demands judgment against Defendants, Charles E. Bingman and
Connie 1. Bingman, as authorized by the warrant of attorney contained in the Guaranty for Thirty
One Thousand Nine Hundred Eighty-seven and 84/100 ($31,987.84) Dollars, plus interest from and
including the date of this Complaint and judgment entered hereon at the default rate provided in the
Note, additional legal fees and costs of suit.
Respectfully submitted,
SAIDIS, SHUFF, FLOWER & LINDSAY
Date: Z, 1061 CJI
By:
K M. debohm, Esquire
Supreme Court ill #59012
2109 Market Street
Camp Hill, PA 17011
(717) 737-3405
Attorney for PNC Bank, National Association
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MODERN CONCEPTS, INC (TIN: 251616693)
734 STATE STREET
LEMOYNE, PA 17043
Guarantor: CHARLES L. BINGMAN and CONNIE L. BINGMAN
712 HILLTOP DRIVE
NEW CUMBERLAND, PA 17070
Lender: PNC BANK, NATIONAL ASSOCIATION
4242 CARLISLE PIKE
CAMP HILL, PA 17001-3874
AMOUNT OF GUARANTY. The amounr of this Guaranty is UnlimireCl.
CONTINUING UNLIMITED GUARANTY. For good and valuable consideralion, CHARLES L. BINGMAN and CONNIE L. BINGMAN ("Guarantor"
absolul,ely and unconditionally guarantee ana promise 10 pay, Jointly and severally, to PNC BANK, NATIONAL ASSOCIATION ("Lender") or it~
~~der, In '':.gal tender of Ihe United Srares 0.'. America, the.'ndebledness (as Ihal term is defined below) at MODERN CONCEPTS, INC
( Borro.we~ ) to Lender ~n the terms. and conditions 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 MODERN CONCEPTS, INC.
Guarantor. The word "Guarantor" means CHARLES L. BINGMAN and CONNIE L. BINGMAN, who are signing this Guaranty jointly and severally.
Guaranty. The word "Guaranty" means this Guaranty made by Guarantor for the benefit of Lender dated August 18, 1999.
Indebtedness. The word "Indebtedness" IS used in its most comprehensive sense and means and includes any and all of Borrower's liabilities,
obligations, debts, and mdebtedness to Lender, now existing or hereinafter incurred or created, including, without limitation, all loans, advances,
interest, costs, debts. overdraft in.debtedness, credit card indebtedness, lease obligations, other obligations, and liabiHties 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 contingent, liquidated or unliquidated, determined or undetermIned; whether Borrower may be liable
individuaffy or jOintly with others, or primarily or secondarily, or as guarantor or surety; whether recovery on the fndeotedness may be or may
become barred or unenforceable against Borrower for any reason whatsoever: ana whether the Indebtedness arises from transactions which may
be VOidable on account Of infancy, insanity. ultra vires, or othervvise.
Lender. The word "Lender" means PNC SANK. NATIONAL ASSOCIATION, its successors and aSSIgns,
Related Documents. The wordS "Related Documents" mean and include without limitation all promissory notes, credit agreements, ioan
agreements, environmental agreements, guaranties, security agreements, mortgages, Ceeds of trust, and all other ins!ruments, agreements and
documents, whether now or hereafter existing, executed in connectiort with the Indebtedness.
NATURE OF GUARANTY. Guarantor's liability under this Guaranty shall be open and continuous for so long as this Guaranty remains in force.
Guarantor intends to guarantee at all times the performance and prompt payment when due, whether at maturity or earher by reason of acceleration ar
otherwise, of all Indebtedness. Accordingly, no payments made upon the Indebtedness Will discharge or dimmish the contmumg liability of Guarantor
In connection with a.ny remaining portions af tne Indebtedness or any of the I ndebtedness which subsequently arises or is thereafter Incurred or
contracted. The obligations of Guarantors shall be joint and several. Lender may proceed against any of the Guara.ntors individually, against any
group of Guarantors, or against all the Guarantors in one action, without affecting the right ::::f Lender to proceed against other Guarantors for amounts
that are covered by this Guaranty. Any inability of Lender to proceed against any Guarantc~ (whether caused by actions of a Guarantor or of Lender)
will not affect Lender's fight to proceed against any or all remaining Guarantors for all or part ::::f the amounts covered by this Guaranty.
DURATION OF GUARANTY. This Guaranty will take effect when received by Lender without the necessity of any acceptance by Lender, or any 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 at
revocation shall have been fully and finally paid and satlsfied 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 wnting, Guarantor"s written notice of revccation must be mailed to
Lender, by certified mail. at the address of Lender listed above or such ather place as Lander may designate in writing. Written revDcatiDn of this
Guaranty will apply only to advances or new Indebtedness created after actual receipt by L.ender of Guarantor's written revocation. For thiS purpose
and without limitation, the term "new Indebtedness" does not include Indebtedness which at the time af notice of revocation IS contingent, unliquidated,
undetermined or not due and which later becomes absolute, liquidated. determined or due. Notice of revocation shall be effective only as to the
particular Guarantor providing the notice. and shall not affect the liability of other guarantors. ThiS Guaranty wili continue to bind Guarantor for a[1
Indebtedness incurred by Borrower or committed by lender pnor to receipt of Guarantor's written notice Of revocation, Including any extensions,
renewals, substitutions or modifications of the Indebtedness. All renewals, extensions, SUbstitutions, and modifications of the Indebtedness grantee
after Guaran10r's revocation. are contemplated 'under this Guaranty and, specificaJly wW not be considered to be new Indebtedness. ThlS Guaranty
shall bind the estate of Guarantor as to Indebtedness created both before and after the dealh or incapacity of Guarantor, regardless of Lender's actual
notice of Guarantor's death. Subject to the foregoing, Guarantor's executor or administrator or other legal representative may terminate this Guaranty ir
the same manner In which Guarantor might have terminated it and with the same effect. Melease af any other guarantor or termination of any other
gLlaranty of the Indebtedness shall not affect the liability of Guarantor under this Guaranty. A revocation received by Lencer from anyone or more
Guarantors shall not affect the liabIlity of any remaining Guarantors under thiS Guaranty. It is anticipated that fluctuations may occur in the
aQgregate amount of Indebtedness covered by this Guaranty, and it is specifically a~knowle~ged and agreed by Guarantor that reducti.ons in
the amount of Indebtedness. 8lIen to zero dollars (SO.OO), prior to written revocation of thiS Guaranty by Guarantor Shall not constitute a
termination of this Guaranty. This Guaranty is binding upon Guarantor and Guarantor's heirs, suec.essors .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 (SO.OO).
GUARANTOR'S AUTHORIZATION TO 'LENDER. Guarantor authoflzes Lender, eIther :Jelore or after any revocation nereof, without notice or
demand and without lessenmg Guarantor's liability under thIS Guaranty, from tim.e to time: (a) prior to revocation as set forth a~ove, to make
one or more additional secured or unsecured loans to BQrrower, to lease equipment or other goods to Borrower, or otherwise to. extend
aUditional credit to Borrower; (b) to alter, compromise, renew, extend, accelerate. or otherwise change one or more time,s the time for
payment or other terms of the Indebtedness or any part 01 the Indebtedness.. j~clud;ng increases and decreases of the rate of mterest on the
Indebtedness; extensions may be repeated and may be for longer than tne .onglnal .Ioan terr!1; (c) to take and hold security for the payment. of
this Guaranty or" the Indebledness, and exchange, enforce. waive,-subordlnate, fall or deCide not to perf~ct, and release any such. secunty.
with or without Ihe substltution of new collateral; (d) to release. SUbstitute, agree not to sue. or deal WIth anyone or more of BOrr?W~r s
Sureties. endorsers. or other guarantors on any terms or In any manner Lender may choose: (e) to determine how. when and what applrcat,on
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Of payments and credits shall be made on the Indebtedness; (f) to apply such security and direct the order or manner of sale therebf,
including without 'limitation, any nonjudicial sale pe'rmitted by the terms of the controlling security agreement or deed of trust, as Lender in its
discretion may determine; (g) to sell, transfer, assign, or grant participations in all or any part of the Indebtedness; and (h) to assign or
transfer this Guaranty in whole or in part. -
GUARANTOR'S REPRESENTATIONS AND WARRANTIES. Guarantor represents and warrants to Lender that (a) no representations or agreements
of 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 Clnd not at the reQuest of Lender; (c) Guarantor has full power, right and authority to enter into this Guaranty; (d) the provisions of
l'rllS Guaranty do not contlict witl1 or result in a default under any agreement or other instrument binding upon Guarantor and do not result in a violation
ot.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, el1cumber, hypothecate, transfer, or otherwise dispose of all or substantially all of Guarantor's assets, or any interest therein; (f) upon
Lender's request, Guarantor- will provide to Lender financial and credil. information in form acceptable to Lender, and all such financial information
WhIch currently has oeen, and all future financial information which will be provided to Lender is and will be true and correct in all material respects and
fairly present the fin€lncial condition of Guarantor as of the dales the financial information is provided; (9) no material adverse change has occurred in
Guarantor's financial condition since the date of the most recent financial statements provided to Lender and no event has occurred which may
materially adversely affect Guarantor's financial condition; (h) no litigation, claim, investigation, administrative proceeding or similar acfion (including
Ihose for unpaid taxes) against Guarantor Is pending or threatened; (i) Lender has made no representation to Guarantor as to the creditworthiness of
Borrower; and Q) Guarantor has established adequate means of obtaining from Borrower on a continuing basis information regarding Borrower's
financial condition. Guarantor agrees to keep adequately informed from such means of any facts, events. or circumstances which might in any way
affect Guarantor's risks un'der this Guaranty, and Guarantor further agrees that Lender shall 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 credit fa Borrower; (b) to make any presentment, protest. demand, or notice of any kind, including notice of any nonpayment of the
Indebtedness or of any nonpayment related to any collateral, or notice of any action or nonaction on the part of Borrower, Lender, any surety, endorser,
or other g-uaranta'r in connection with 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) 10 proceed directly against or exhaust any
collateral held by Lender from Borrower, any other guarantor, or any other person; (e) to give notice of the terms, time, and place of any public or
private sale of personal property security held by Lender from Borrower or 10 comply with any other applicable provisions of the Uniform Commercial
Code; (f) 10 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
matter whatsoever.
Guarantor also waives any and al\ nghts or defenses arising by reason of (a) any "one action" or "anti-deficiency" jaw or any other law which may
prevent Lender from bringing any action, Including a claim for deficiency, against Guarantor, before or after L.ender's commencement or completion of
any foreclosure action, either judicially or by exercise 01 a power of sale; (b) any election of remedies by Lender which destroys or otherwise adversely
affects Guarantor's subrogation rights or Guarantor's rights to proceed aga.inst Borrower for reimbursement, including without limitation, any loss of
rights Guarantor may suffer by reason of any law limiting, qualifying, or discha.rging 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
In legai tender. of Iho Indebtedness; (d) any fight to cialm discharge of the Indebtedness on the baSIS of unjustified impairment of any coliateral for the
Indebtedness; (e) any statute of limitations, if at any time any action or suit brought by Lender against Guarantor is commenced there is outstanding
Indebtedness of Borrower to Lender which is not barred by any applicable statute of limItations; or (f) any defenses given to guarantors at law or in
equity other than actual payment and performance of the Indebtedness. If payment is made by Borrower, whether voluntarily or otherwise, or brany
third party, on the Ifldebtedness and Ihereafter Lender is forced to remit the amount of that payment to Borrower's trustee in bankruptcy or to any
similar person under any federal or state bankruptcy law or law for the relief of debtors, the Indebtedness shalf 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
setoff, counterclaim, counter demand, recoupment or similar right, whethl:!r 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 law. If any such waiver is determined to be contrary to any applicable law or publiC policy, such waiver shall be effective only to the
extent permitted by law or public policy.
LENDER'S RIGHT OF SETOFF. In addition to ali liens upon and rights of seloff against the moneys, securities or other property of Guarantor given 10
Lender by law, Lender shaff have, with respect to Guarantor's obligations to Lender under this Guaranty and to the extent permitted by law, a
contractual security irlterest in and a fight of setoff against, and Guarantor hereby assigns. conveys, delivers, pledges, and transfers to Lender all of
Guarantor's right, title and interest in and to, all deposits, moneys,-secunties and other property 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 setoff may be exercised
without demand upon or notice to Guarantor. No security interest or right of setoH shall be deemed to have oeen waived by any act or conduct on the
part of Lender or by any neglect to exercise such right of setoff or to enforce such security Interest or by any delay in so doing. Every right of setoff and
security interest shall continue in full force and effect until such right of setoff or security interest is specificaily waived or released by an instrument in
writing executed by Lender.
SUBORDINATION OF BORROWER'S DEBTS TO GUARANTOR. Guarantor agrees Ihat the Indebtedness of Borrower to Lender. whether now
existing or hereafter created. shall be prior to any claim that Guarantor may r10W have or hereafter acquire agarnst Borrower, whether or not Borrower
becomes insolvent. Guarantor hereby expressly subordinates any claIm Guarantor may have against Borrower, upon any aCCQunt whatsoever, to any
claIm that Lender may now or hereafter have against Borrower. In the event of insolvency and consequent liquidation of the assets of Borrower,
through bankruptcy, oy 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 G'uarantor 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 acqUtre agamst Borrower or against any assignee or trustee in
bankruotcy of Borrower: prOVided however. that such assignment shall be E!ffectlve only for the purpose of assuring to Lender full payment in legal
tender 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
nereby IS authOrized. In the name of Guarantor. from time to time to execute and file financing statements and continuation siatements and to execute
sue'" other documents and to take such other actions as Lender deems necessary or appropriate to perfect, oreserve and enforce its fights :.mder this
Guaranty.
MISCELLANEOUS PFlOVISIONS. The follOWing miscellaneous proviSions are, a part of this Guaranty:
Amendments. rhls Guaranty, together With any Related Documents, constitutes the entire understanding and agreement of .the parties as to the
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l1latter~,:set forth irnthis G!Jaranty. No alteratron of. or amendment to this Guaranty shall be effective unless given in writing and signed by the art
or partl~s sought .Ioj be charged or bound b.y the alteration or amendment. P y
Appli~aple Law. This Guaranty has been delivered to Lender and ac~epted by Lender in the Commonwealth of Pennsylvania. If there is a
laWSUIt" GU,arantor agrees upon Lender's req~est to ~ubmit to t.he jU,ris9jction of, the courts of CUMBERLAND County, Commonwealth of
PennsylvanIa. ,Lender and Guarantor hereby waive the nght to any JUry tnalm any actIon, proceeding, or counterclaim brought by either Lender or
Guarant.or ~ga,"st the other. This Guaranty shall be governed by and construed in accordance with the laws of the Common lth f
P~M~n~, w~o
Attorneys' Fee~; Expen~es. Guar~ntor .agrees to pay upon demand all of Lender's costs and expenses, includjng attorneys' fees and Lender's
legal expenses, Incurred In connection wIth the enforcement of this Guaranty. Lender may pay someOne else to help enforce this Guaranty, and
Guarantor shall pay t~e costs a.nd, expe~ses of such enforcement. Costs and expenses Include Lender's attorneys' fees and legal expenses
whether, or not there IS a laWSUit, Including attorneys' fees and legal expenses for bankruptcy proceedings (and Including efforts to modify or
vacate any automatIc stay or inJunctIon), appeals, and any anticipated post-judgment collection services. Guarantor also shall pay all court casts
and suc~ additional fees as may be directed by the court.
Notices; Ail notices required to be given by either party to the other under this Guaranty shail be In writing. may be sent by telefacslmlle (unless
oth~rwlse reqUlr~d by law),.and, except for revocatlon notIces by Guarantor, shall be effective when actually delivered or when deposited with a
natlona~l'y r~cogntzed .overnlght courier, or when deposited in the United' States mail, first class pos.tage prepaid, addressed to the party to whom
the not~ce IS t?, be given at the address show.~ above or to such other addresses as .either party may designate to the other in writing. All
revocation notices by Guarantor shall be In writing and shall be effective only upon delrvery, to Lender as provided above in the section tilled
"DURATJON OF GUARANTY," If there is more than one Guarantor, notice to any Guarantor will constitute notice 10 all Guarantors. For notice
purposes, Guarantor agrees to keep Lender informed at all times of Guarantor's current address.
Interpretation, In all cases where there is more than one Borrower or Guarantor. then all words used in this Guaranty in the singular shall 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 .".Vhsn tI1is Guaranty is.~xecuied by more than one Guarantor, the words "Borrower" and ~Guarantof" respec-tively shall mean. aU and
anyone or more of them. The words "Guarantor," "Borrower," and "Lender" include the heirs, successors, assigns, and transferees of 'each of
them. Caption headings in this Guaranty are for convenience purposes only and are not to be used to interpret or define the provisions of this
Guaranty. If a court of competent jurisdiction finds any provision of this Guaranty to be invalid or unenforceable as to any person or circumstance,
such finding shall not render that provision invalid or unenforceable as to any other persons or circumstances, and all provisions of this Guaranty
in all other respects shall remain valid and enforceable. If anyone or more of Borrower or Guarantor are corporations or partnerships, it is not
necessary for Lender to inquire into the powers of Borrower or Guarantor or of the officers, directors, partners, or agents acting or purporting to act
on their behalf, and any Indebtedness made or created in reliance upon the professed exercise of such powers shall be guaranteed under this
Guaranfy.
Waiver. Lender shall not be deemed to have waived any rights .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 right or any other right. A waiver by Lender of
a proviSion of this Guaranty shall not prejudice or constitute a waiver of Lender's right otherwise to demand strict compiiance with that provision or
any 01 her provision of thiS Guaranty. No orior waiver by Lender, nor any course of dealing between Lender and Guarantor, shall constitute a
waiver of any of Lender's rights or of any of Guarantor's obligations as to any future transactions. Whenever the consent of Lender IS reqUIred
under this Guaranty, the granting of such consent by Lender in any instance shall not constitute continuing consent to subsequent instances
where such consent IS required and in all cases such, consent may be granted or withheid in the sole discretion of Lender,
LIMITED RECOURSE AS TO NON-APPLICANT SPOUSE. Notwltbstandlng anything contained herein to the conlrary, It IS agreed that, unless an
exception to the requirements of Regulation B of the Board of Governors of the Federal Reserve System appiies in connection with the extension of the
Indebtednes::; and the execution of this Guaranty, the spouse who is deemed not to be the "applicant far credit" for purposes of such regulation (the
"Non-AppHcanl Spouse") shall be personally liable under this Guaranty only with respect to assets held jointly as of the date hereof or hereafter
acquired, and the lien of any judgment, order or other relief against the Non-Applicant Spouse shall be limited thereto. Nothing herein, however, shall
limit the Lender's rrghts against any person, firm or entity other than the Non-Applicant Spouse.
"
CONFESSION OF JUDGMENT. GUARANTOR HEREBY IRREVOCABLY AUTHORIZES AND EMPOWERS ANY ATIORNEY OR THE
PROTHONOTARY OR CLERK OF ANY COURT IN THE COMMONWEALTH OF PENNSYLVANIA. OR ELSEWHERE, TO APPEAR AT ANY TIME FOR
GUARANTOR AFTER A DEFAULT UNDER THIS GUARANTY, AND WITH OR WITHOUT COMPLAINT FILED. AS OF ANY TERM. CONFESS OR
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 ANY 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
FIVE 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 AFFIDAVIT 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 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 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 AND
DELIVERY OF THIS GUARANTY TO LENDER AND THAT THE GUARANTY WILL CONTINUE UNTIL TERMINATED IN THE MANNER SET FORTH
IN THE SECTION TITLED "DURATION OF GUARANTY." NO FORMAL ACCEPTANCE BY LENDER IS NECESSARY TO MAKE THIS GUARANTY
EFFECTIVE. THIS GUARANTY IS DATED AUGUST 18, 1999.
THIS GUARANTY HAS BEEN SIGNED AND SEALED BY THE UNDERSIGNED,
GUARANTOR:
COMMERCIAL GUARANTY
(Continued)
Page 4
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INDIVIDUAL ACKNOWLEDGMENT
STATE OF
COUNTY OF
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On this. the ~ day Of ~ , 19~, before me . ~ .
undersigned Notary Public, personally appear CHARLES L. BINGr;\A'N".nd CONNI L. BINGMAN, known to
person whose names are subscribed to the in'instrument, and acknowledged that they execute e same for
In witness whereof, I.,hereunto set my hand and official seal.
Notary Public in and for t
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LASER PRO: Reg. U.S. Pal. & T.M. Off., Ver. :3.26c (e) 1 399 CFI ProServfces.lnc. All nghts reserved. {PA-E20 F3.26o NOSl ~a01.LN G2;1 .QVLj
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PR6MISS,DRY NOTE
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References in the shaded area are for Lender's use only and do nat limit the applicability af this document to any particular loan or item.
Borrower: MODERN CONCEPTS, INC (TIN: 251616693)
734 STATE STREET
LEMOYNE, PA 17043
Lender: PNC BANK, NATIONAL ASSOCIATION
4242 CARLISLE PIKE
CAMP HILL, PA 17001-8874
Principal Amount: $30,000.00 Initial Rate: 9.000% Date of Note: August 18, 1999
PROMISE TO PAY. MODERN CONCEPTS, 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 Thirty Thousand & 001100 Dollars ($30,000.00) or so much as may' be
outstanding, together with interest on the unpaid outstanding principal balance of each advance. Interest shall be calculated from the date of
each advance until repayment of each advance.
PAYMENT. Borrower will pay this loan in accordance with the following payment schedule:
~~~rower will pay regular monthly payments of accrued Interest beginning on the first day of the Billing Cycle after the
lM~tlal ad~ance, CUld all subsequent interest payments are due on the same day of each month after that. Borrower will pay
thiS loan In one Dayment of all outstanding principal plus all accrued interest on the Expiration Date. Borrower may borrow,
repay and reborrow hereunder until the Expiration Date, subject to the terms and conditions of this Note. The "Expiration
Date" shall mean August 18, 2000, or such later date as may be designated by written notice from Lender to Borrower but
in no event atter the ,tenth anniversary of the date at this Note. Borrower acknowledges and agrees that in no event will
Lender be under 'any obligation to extend"ar 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.
Borr?wer will pa~ 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 cha.rges.
VARIABLE INTEREST RATE. The interest rate on this Note is subject to change from time to time based on changes in an independent index which
is the highest Prime Rate as published in the "Money Rates" section of The Wall Street Journal (the "Index"). The Index is not necessanly the lowest
rate charged by Lender on its loans. If the Index becomes unavailable during the term of thiS loan, Lender may designate a suostitute index after notice
to Borrower. Lender will tell Borrower the currenllndex 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 otten' Ihan each month. The Index tor a Billmg Cycle is determined on the first day of
that cycle based on the Index for the last day of the preceding calendar month which is reported. Interest on this Note is computed on the basis of a
year of 366/365 days, by applYing the ratio of the annuai interest rate on the first day of the BiUing Cycle over a year of 366/365 days to obtain a daiiy
periodic rate, multiplied by the average daily balance during the Billing Cycle, multiplied by the number of days In the Billing Cycle. Billing Cycle means
the monthly interval between regular periodic statements. The Index currently is 8.000% per annum. The interest rate to be applied to the unpaid
principal balance of this Note will be at a rate of 1.000 percentage point over the Index, resulting in an initial rate of 9.000% per annum.
NOTICE: Under no circumttances will the interest rate on this Note be more than the maximum rate allowed by applicable law.
PREPAYMENT. Borrower may pay without penalty all or a portion of the amount owed eariler than it is due. Early payments will not, unless agreed to
by Lender in writing, retlevE! Borrower of Borrower's obligation to continue to make payments of accrued unpaid interest. Rather, they will reduce the
principal balance due.
LATE CHARGE. If a payment 15 15 days or more late, Borrower will be charged 5.000% of the unpaid portion of the regularty scheduled payment
or $100.00, whichever is IE!Ss.
DEFAULT. Borrower Will be In default If any 01 the following happens: (a) Borrower faiis 10 make any paymeni when due. (b) Borrower breaks any
promise Borrower has made to Lender, or Borrower fails to comply with or to perform when due any ather term, obligation, covenant. or condition
contained In thiS Note or any agreement related to this Note, or In any other agreement or loan Borrower has With Lender (c) Any representation or
statement made or furnish~d to Lender by Borrower or an Borrower's behalf \s false or misleading in any material respect either now or at the time
made or furnished. (d) Borrower becomes insolvent, a receiver is appointed for any part of Borrower's property, Borrower makes an assignment tor the
benefit of creditors. or any proceeding is commenced either by Borrower or against Borrower under any bankruptcy or insolvency laws. (e) Any
creditor tries to take any of Borrower's property on or in which Lender has a lien or security interest. This includes a garnishment of any of Borrower's
accounts with Lender. (f) Any guarantor dies or any of the other events descnbed in this default section occurs with respect 10 any guarantor of thIS
Note. (g) A malerial adverse change occurs in Borrower's financial condition, or Lender believes the prospect of payment or performance of the
Indebtedness is impaired.
LENDER'S RIGHTS. Upon detault. Lender may. after giving such notices as required by applicable law, declare the entire unpaid princIpal balance, on
thiS Note and aU accrued unpaid Interest Immediately due, and then Borrower Will Day that amount. Upon default, Including failure to pay upon final
maturity. Lender, at its aptian. may also. if permitted under applicable law, increase the variable interest rate on this Note to 6.000 percentage POints
over the Index. The Intere$t rate Will not exceed the maximum rate permitted by applicable law. Lender may hire or pay someone else to help collect
this Note If Borrower does not pay. Borrower also will pay Lender that amount. ThiS Includes. subject to any limits under applicable law. Len~e(s
attorneys' fees and Lender's legal expenses whether or not there is a laWSUit. including attorneys' fees and legal expenses for bankruptcy proceedings
(including efforts to modify or vacate any automatic stay or injunction), appeals. and any antiCIpated post-judgment collectIon services. If ~ot
prohibited by applicable law. Borrower also will pay any court casts. In addition to all ather sums provided by law. If judgmenlls e.nlered In connection
wilh thiS Note, Interest will continue to accrue on this Note after judgment at the Interest rate applicable to thiS Note at the lime Judgment 15 entered.
This Note has been delivE!red 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 jurisdiction, of the courts of CUMBERLAND County. the Commonwealth of Pennsylvania. Lender and
Borrower hereby waive the right to any jury trial in any action, proceeding. or counterclaim brought by either Lender or Borrower against the
other. This Note shall be governed by and construed 10 accordance with the laws of the Commonwealth of PennsylvanIa.
RIGHT OF SETOFF Borrower grants 10 Lender a contractual secuflly Interest In, and nerebv assigns. conveys. delivers. pledges. and transfer~. to
Lenaer aJ Borrower"s fight. tIlle and interest In and la, Borrower's accounts Wllr, Lender (Wnelher checking. savings. or some olher account). Incluolng
'.\'lthOl':! :mllal1on all ac::ouf1ts hela 10lntly with someone else and all accounts Borrower may ooen In the ~uture. excluding ioweVer all IRA and Keogh
accounts, and all ill'st accounts for which the grant of a secuntv Interest would be prohibited by law, Borrower authorizes Lender. to the extent
cermltle:: bv apollcaole law, to charge or setoff all sums oWing 0,'1 thiS Nore against any and all such accounts.
LINE OF CREDIT. TniS "Jote e\'loences a revo!vmg line oi creCI:, Ac\,ances under lhls Note may be reQuested onlv 1,-. .'.'nhng by Borrow~r or.as
oro\-'lce:J ,r"' th:s c:arac:raor, ~I! COr;"1mUnlcatlons. InstrUC!lon',. or .1Irect:Ons by teleohone 2r otherWise to Lender are to be j;rected io Lenders office
snow'l a80Ve "'e ';',o\\lng oart\ cr parties are aulnclzec as c;rovloed ," th'S paragraor Ie request aCvances unaer lh-2 Ine of credit until Lender
tXh',blT <'B.;'
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Loan No (Continued)
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receives from Borrower at Lender's address shown above written notice of revocation of their authority: CHARL.ES"E. BINGMAN, PRESIDENT.
Borrower may obtain adY'ances from time to time by writing checks in amounts of not less than $100.00 ar by using other metttods which
Lender may permit and may continue to obtain advances until this loan is terminated. Lendera9rees to pay checks, so lon9 as they do not
cause the principal balance to exceed the face amount 01 this Note, which are dated, drawn and Issued by Borrower on or, prior to the
Expiration Date and received by Lender on or prior to the Expiration Date or within five business days after the Expiration Date, except as
provided in the next sentence. Lender has no obligation to pay any check dated, drawn or issued by Borrower or received by Lender during
any period when Lender is not obligated to advance funds under this Note. Borrower agrees to be liable for all sums either: (a) advanced in
accordance with the instructions of an authorized person or (b) credited to any of Borrower's accounts with Lender. The unpaid principal balance
owing on this Note at any time may be evidenced by endorsements on this Note or by Lender's internal records. including daily computer print-outs.
Lender will have no obliga.tion 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 with 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 Ihose
authorized by Lender.
FEES. If appl'icable, at closing. Borrower will pay to Lender a fee in the amount of up to two percent (2%) of the, maximum principal amount of this
Note. An annual renewal fee in the amount of up to two percent (2%) of the maximum principal amount of this Note may also be charged if this Note is
renewed beyoncl the current Expiration Date In Lender's discretion.
FINANCIAL INFORMATION PROVISION. Borrower agrees 10 deliver any financial and other business information concerning Borrower that Lander
may request from time to lime, such as annual and interim financial statements (all of which shall be prepared in accordance with generally accepted
accounting principles) and federal income tax returns.
YEAR 2000 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 properly date-sensitive functions involving dates prior to and after December 31, 1999 (the "Year 2000 Problem"). The Year
2000 Problem will not re'sult. and is not reasonably expected to result, in any material adverse effect on the business, properties, assets, financial
condition. results of operations or prospects of Borrower, or the ability of Borrower to duly and punctually payor perform its obligations hereunder and
under the Related Documents.
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 Nate. 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 this Note, whether as maker,
guarantor. accommodation maker or endorser. shall be released from liability. All such parties agree that Lender may renew or extend (repeatedly and
for any length of time) this loan, or release any party or guarantor or collateral; or impair, fail to realize upon or perfect Lender's security interest in the
collateral; and take any ather 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 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, Al.L ACCRUED INTEREST, LATE CHARGES, AND ANY AND ALL AMOUNTS
EXPENDED OR ADVANCE:D 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 AUTHORITY GRANTED IN THIS NOTE TO CONFESS JUDGMENT
AGAINST BORROWER SHALL NOT BE EXHAUSTED BY ANY EXERCISE OF THAT AUTHORITY, BUT SHALL CONTINUE FROM TIME TO TIME AND
AT ALL TIMES UNTIL PAYMENT IN FULL OF ALL AMOUNTS DUE UNDER THIS NOTE, BORROWER HEREBY WAIVES ANY RIGHT BORROWER
MAY HAVE TO NOTICE OR TO A HEARING IN CONNECTION WITH ANY SUCH CONFESSION OF JUDGMENT, EXCEPT ANY NOTICE AND/OR
HEARING REQUIRED UNDER APPLICABLe LAW WITH RESPECT TO EXECUTION OF THE JUDGMENT, AND STATES THAT EITHE!1 A
REPRESENTATIVE OF LENDER SPECIFICALLY CALLED THIS CONFESSION OF JUDGMENT PROVISION TO BORROWER'S ATTENTION OR
BORROWER HAS BEEN RePRESENTED BY INDEPENDENT LEGAL COUNSEL.
PRIOR TO SIGNING THIS NOTE, BORROWER READ AND UNDERSTOOD ALL THE PROVISIONS OF THIS NOTE, INCLUDING THE VARIABLE
INTEREST RATE PROVISIONS. BORROWER AGREES TO THE TERMS OF THE NOTE AND ACKNOWLEDGES RECEIPT OF A COMPLETED
COpy OF THE NOTE.
THIS NOTE HAS BEEN SIGNED AND SEALED BY THE UNDERSIGNED.
BORROWER:
MODER~,yNCfE':.t INS ~
By: /IJu#/!' , :;4~?P~ (SEAL)
c'RARLES E. BINGMAN: EslDE
Varlao!e Flale. Line o! :';:eClt
LASE,", PRO, O<.e;;. U.S. Pal. & T,M J!'.. Ver, :U6c (Cl: 999 CFI PrcSenltces. Inc. All r:gnrs reserved. [P;"-020 ~:l.2Stl N081700; .;..~ G21.0VLI
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PNC BANK, NATIONAL ASSO~IATION : IN mE COURT OF COMMON PLEAS
Plaintiff : CUMBERLAND COUNTY, PENNSYL V ANlA
v.
: NO.
CHARLES E. BINGMAN AND CONNIE 1.: CONFESSION OF JUDGMENT
BINGMAN : CIVIL ACTION - LAW
Defendants
VERIFICATION
I, Eric Krimmel, Assistant Vice President, for PNC Bank, National Association, being
authorized to do so on behalf of PNC Bank, National Association, hereby verifY that the statements
made in the foregoing pleading are true and correct to the best of my information, knowledge and
belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.
Section 4904, relating to unsworn falsification to authorities.
PNC BANK, NATIONAL ASSOCIATION
Date: 01 /so /0 I
By:
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Eric Krimmel
Assistant Vice President
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PNC BANK, NATIONAL ASSOCIATION : IN THE COURT OF COMMON PLEAS
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
v.
: NO.
CHARLES E. BINGMAN AND CONNIE L. : CONFESSION OF mDGMENT
BINGMAN : CIVIL ACTION - LAW
Defendants
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, Charles E. Bingman and Connie L. Bingman, is 712 Hilltop Drive, New Cumberland,
Pennsylvania 17070.
Respectfully submitted,
SAlDIS, SHUFF, FLOWER & LINDSAY
Date: ~ 15 (a I
By:
arl . Ledebobm, Esquire
Supreme Court ID #59012
2109 Market Street
Camp Hill, PA 17011
(717) 737-3405
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PNC BANK, NATIONAL ASSOCIATION
Plaintiff
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYL VANIA
:NO.OI-JC>~ Gu~l~~
CHARLES E. BINGMAN AND CONNIE L. : CONFESSION OF JUDGMENT
BINGMAN : CIVIL ACTION - LAW
v.
Defendants
NOTICE
TO: Charles E. Bingman and Connie L. Bingman, Defendants
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 filed in support of the said judgment.
IF YOU HAVE ANY QUESTIONS CONCERNING THIS NOTICE, PLEASE CALL:
KARL M. LEDEBOHM, ESQUIRE
TELEPHONE NUMBER: (717) 737-3405
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PNC BANK, NATIONAL ASSOCIATION : IN THE COURT OF COMMON PLEAS
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
v.
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Cl (J'L l' J~
CHARLES E. BINGMAN AND CONNIE L.: CONFESSION OF JUDGMENT
BINGMAN : CNIL ACTION - LAW
Defendants
ENTRY OF APPEARANCE
TO THE PROTHONOTARY:
Please enter the appearance of the undersigned on behalf of PNC Bank, National
Association, Plaintiff in the above captioned matter.
Respectfully submitted,
SAIDIS, SHUFF, FLOWER & LINDSAY
Date:
1--(6{t3(
By:
KIM. debohm, Esquire
Supreme Court ill #59012
2109 Market Street
Camp Hill, PA 17011
(717) 737-3405
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PNC BANK, NATIONAL ASSOCIATION
Plaintiff
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYL V ANlA
v.
: NO. OI-/4U
(ZtOllt~
CHARLES E. BINGMAN AND CONNIE L. : CONFESSION OF JUDGMENT
BINGMAN : CIVIL ACTION - LAW
Defendants
AFFIDAVIT OF NON-MILITARY SERVICE
TO THE PROTHONOTARY:
I do certifY, to the best of my knowledge, that the Defendants, Charles E. Bingman and
Connie L. Bingman, in the above-captioned action are not presently on active or nonactive military
status.
Respectfully submitted,
SAJDIS, SHUFF, FLOWER & LINDSAY
Date:Z,,/6 (01
By:
4t~
Karl M. Ledebohm, Esquire
Supreme Court ill #59012
2109 Market Street
CampHill,PA 17011
(717) 737-3405