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HomeMy WebLinkAbout01-04909' s IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PNC BANK, NATIONAL ASSOCIATION, Plaintiff CIVIL DIVISION No. 01 -'~Ro C Cis ~~~~-h'1 vs. STEVEN S. HINTON d/b/a VILLAGE FARM MARKET LANDSCAPING, COMPLAINT IN CONFESSION OF JUDGMENT Filed on behalf of Plaintiff, PNC Bank, National Association Code: Defendant Counsel of Record for This Party: Donna M. Donaher, Esquire Pa. I.D. #53165 TUCKER ARENSBERG, P.C. Firm #287 1500 One PPG Place Pittsburgh, PA 15222 (412) 566-1212 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PNC BANK, NATIONAL ASSOCIATION, ) Plaintiff ) vs. ) STEVEN S. HINTON d/b/a ) VILLAGE FARM MARKET LANDSCAPING,) ;Defendant ) CONFESSION OF JUDGMENT Pursuant to the authority granted in the Warrants of Attomey contained in Note-I and Note-II, copies of which are attached as Exhibit "A" and Exhibit "B" to the Complaint filed in this action, the undersigned attorney hereby appears for Defendant and confesses judgment in favor of Plaintiff, PNC BANK, NATIONAL ASSOCIATION, and against Defendant as follows: I. II. Principal Debt $18,217.65 $ 9,673.90 Interest through July 19, 2001 3,351.38 326.06 Late charges N/A 38.99 Attorney's Commission 2.156.90 1.000.00 $23.725.93 $11,038.99 Total $34,764.92 Donna M. Donaher, Esquire Attorney for PNC Bank, National Bank .~,~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PNC BANK, NATIONAL ASSOCIATION, ) Plaintiff ) vs. ) STEVEN S. HINTON d/b/a ) VILLAGE FARM MARKET LANDSCAPING,) Defendant ) COMPLAINT IN CONFESSION OF JUDGMENT AND NOW, comes the Plaintiff, PNC BANK, NATIONAL ASSOCIATION, by and through its counsel, Tucker Arensberg, P.C., and files this complaint confessing judgment in its favor, stating as follows: Plaintiff; PNC BANK, NATIONAL ASSOCIATION ("PNCB"), is a national banking association which is organized and existing under the laws of the United States and a citizen of Pennsylvania, with its main office located at Fifth Avenue and Wood Street, Pittsburgh, Pennsylvania. 2. Defendant is Steven S. Hinton d/b/a Village Farm Market Landscaping whose last known address is 1550 B. Mount Holly Pike, Carlise, PA 17103. 3. Paragraphs one and two are incorporated herein as if set forth at length. 4. Defendant, on July 26, 1996, executed a Promissory Note ("Note-I") and thereby promised prompt and punctual payment of the indebtedness due under Note-I. A true and correct copy of Note-I is attached hereto, incorporated herein and labeled Exhibit "A". 5. By Note-I, Defendant promised to pay Plaintiff the principal sum of $66,400.00 together with interest thereon in the manner provided by Note-I. 6. There has been no assignment of Note-I. .n_ Defendant. 8. The Judgment by confession sought by PNCB in this Complaint on Note-I is not being entered against a natural person in connection with a consumer credit transaction. 9. By Warrant of Attorney contained in Note-I, Defendant authorized entry of judgment by confession. 10. Pursuant to the Warrant of Attomey executed by Defendant, Defendant waived the benefit of all laws. exempting real or personal property from execution. 11. Pursuant to the Warrant of Attorney contained in Note-I, judgment may now be entered against Defendant as payment was not made when due creating an event of default under Note-I and accelerating all amounts due. The Warrant of Attorney also allows judgment to be entered as of any term. 12. Under Note-I, the following amounts are now due by Defendant to PNCB: Principal Debt: $18,217.65 Interest through July 19, 2001 3,351.38 Attomey's Commission 2.156.90 Total $23,725.93 13. Under the terms of Note-I, Defendant is obligated to pay an attorney's commission of ten percent of the principal balance plus accrued interest. ,r WHEREFORE, Plaintiff, PNC Bank, demands that a judgment be entered against Defendant as authorized in the Warrant of Attorney contained in Note-I, in the sum of $23,725.93 together with interest and costs of suit. 14. Paragraphs one through 13 are incorporated herein as if set forth at length. 15. Defendant, on February 17, 1998, executed a Promissory Note ("Note-II") and thereby promised prompt and punctual payment of the indebtedness due under Note-II. A true and correct copy of Note-II is attached hereto, incorporated herein and labeled Exhibit "B". 16. By Note-II, Defendant promised to pay Plaintiff the principal sum of $10,000.00 together with interest thereon in the manner provided by Note-II. 17. There has been no assignment of Note-II. 18. Judgment has not been entered on Note-II in any jurisdiction against the Defendant. 19. The judgment by confession sought by PNCB in this Complaint on Note-II is not being entered against a natural person in connection with a consumer credit transaction. 20. By Warrant of Attorney contained in Note-II, Defendant authorized entry of judgment by confession. 21. Pursuant to the Warrant of Attorney executed by Defendant, Defendant waived the benefit of all laws exempting real or personal property from execution. 22. Pursuant to the Warrant of Attorney contained in Note-II, judgment may now be entered against Defendant as payment was not made when due creating an event of default under the Note-II and accelerating all amounts due . The Warrant of Attorney also allows judgment to be entered as of any term. 23. Under Note-II, the following amounts are now due by Defendant to PNCB: Principal Debt $ 9,673.90 Interest through July 19, 2001 326.06 Late Charges 3g,g9 Attorney's Commission Total 1.000.00 $11,038.99 24. Under the terms of Note-II, Defendant is liable to PNC Bank for an attorney's commission of ten percent of the outstanding principal balance plus accrued interest. WHEREFORE, Plaintiff, PNCB, demands that a judgment be entered against Defendant as authorized in the Warrant of Attorney contained in Note-II, in the sum of $11,038.99 together with interest and costs of suit. 25. Paragraphs one through 24 are incorporated herein as if set forth at length. WHEREFORE, Plaintiff, PNCB, demands that a judgment be entered against Defendant as authorized in the Warrants of Attomey contained in Note-I and Note-II, in the sum of $34,764.92 together with interest and costs of suit. Donna M. Donaher, Esquire TUCKER ARENSBERG, P.C. 1500 One PPG Place Pittsburgh, PA 15222 (412) 566-1212 Attorneys for Plaintiff PROMISSORY NOTE -~ ~t Principal Amount: 566,400.00 Interest Rate: 9.900% Date of Note: July 26, 1996 PROMISE TO PAY. STEVEN S HINTON ("Borrower") promisee to pay to PNC BANK, NATIONAL ASSOCIATION ("Lender"), or enter, In lawful money of the Untied States of Ameelea, the prlncipd amount of Sbkty Sbk Thousand Four Hundred 800/100 Dollars (586,400.00), together with Interest at the rate 019.900% per annum on the unpaid principal balance from July 28, 1898, anal paid in full. PAYMENT. Borrower will pay this. loan In 59 regular payments of Sa63.65 each and one Irregular last payment estimated at 542,438.75. Borrower's fleet payment b due September 15, 1998, and all wbsequent payments arc due an the same day of each month after that. Borrower's final payment due August. 15, 2001, w111 Oe for all principd-and ml aarued interest not yet paid. Payments include principal and interest. Interest on this Note i5 computed on a 365/360 simple interest basis; that is, by applying the retie d the annual interest rate over a year d 360 days, muttiptled by the outstanding principal balance, multiplied by the actual number of days the principal balance is outstanding. Borrower will pay Lender at Lender's address shown above or at such other place as Lender may designa~ in writing. Unless otherwise agreed or required by applicable law, payments will be applied first to accrued unpaid interest, then to prindpal, end any remaining amount to any unpaid collection costs and late charges. PREPAYMENT PENALTY. Upon prepayment of this Note, Lender is entNkd to the following prepayment penally: On arty business day, upon payment of all~.accrued unpaid interest on this Note and upon Me (5) business day's prior written notice to Lender, the Renewer may prepay all ar paA of the outstanding princtpal o} this Note; provided, however, that the Borrower, where not prohibited by law, also shall pay to Lender a Prepayment Premium. "Prepayment Premium" means an amount equal to the present value, H positive, of the product of (a) the diflercnrx between (1) the yleid, on the date of this Note, of a U. S. Treawry obligation wah an amount-and maturiy similar to this Note minus (11) the yield, on the prepayment date, of a U. S: Treasury obligation wIM an amount slmNar to the prlnclpai prepayment and maturity similar to the remaining maturity of this Note, amen (b)"the principal amount to be prepaid times (c) the number of years, irrcluding fractional years hem the prepayment Hale to the maturity date-of this. Note. The yield on arty U. S. Treasury obligation shall be determined by reference to Federct Reserve Statistical Release H.15(519) "Selected Interest Rates". For purposes of making present value calwlatlons, the ykld to maturity Of a similar maturity U.S. Treawry oblipeflon on the prepayment date shall be deemed the discount rate. The Prepayment Premium shill also appty to arty payments made after aocekretion of maturity of this Note.. F_xcapt for the foregdrq, Bortower may pay all or a portion d the amount owed earlier Than it is due. Early payments wiN not, unless agreed ro by Lender in wdtirg, relieve Bortower ct Borrower's obligation to continue to make payments under the payment schedule. Rather, they will reduce the principal balance due and may result in eortower making fewer payments. DEFAULT. Bortower will be in dehutt tt arty d the tdlowirg happens: (a) Bonower fads to make any payment when due. (b) eortower breaks any promise Bortower has made to Lender, a Bortower fats to compty with or to perform when due any other term, obligation, covenant, or condition contained in tnLS Note or any agreement related to this Note, or in any other agreement or loan Bortower has wtth Lender. (c) Any representation ar statement made or lumished to Lender by Bortower or on Bortower's betuitt is false or misleading in any material respect etther now or at the lime made or famished. (d) Bortower dies or beconkes insolvent, a receiver is appdMed for any part of Bortower's property, Bortower makes an assignment for the benefit of creditors, or any proceeding is commenced either by Bortower or against Bortower under any bankruptcy or insolvency kws. (a) Arry.credltor hies to take any d Borrowers property on or in which Lender has a lien or security interest. This includes a garnishment of any d Bortowers accounts wdh Lender. (f) Any of the everts described in this default section occurs wtth rasped to any guarantor of this Note. (g) A ma~rial adverse change occurs in Bwrow~'s finandal condition, or Lender believes the prospect d payment or performance d are Indebtedness is impaired. LENDER'S RIGHTS. Upon kfefautt, Lender may, Baer 9^4rN such notices as required by apprxxble law, declare the entlre unpaid priratipel balance an this Nom and all accrued' unpaid in~esi immedratey due, and then Borrower wHl pay that amount. Upon default, irkiuding failure to pay upon final metratty, Lender, aI Ns option, may also. tt permitted under applcable law. irxxease the Interest rent on this Note 5.000 percentage pdMS. The interest refs wNl not exixeif-aoe maximum reki permitted by epprioable law. Lender may htre or pay someone else to help cdtect this Note tt Bortower does nil pay. Borrower also wNl pay tenser that amount. TNs inductee, subject ro any limits under applicable law, Lender's attorneys' lees end Lender's legal experw5es wlistiwr or nil there b e lawsutt, inducting attorneys' tees and legal expenses for bankruptcy proceedings (indudirp e6or15 to modify ar vacate arty automatic steyor injunction), appeals, and any anticipated post-judgment cdlec9an services. If not prohibited by appNCable kw, Bortower also wiN pay any court costs, in addition to aN other sums provided by law. tt judgment is entered in connection with this Note, Interest will continue to accrue on this Note alter Judgmental the existirp Interest rate provided for in this Nde. This Note has been delivered b Lender and.accepted by Lender In the Commomvealth of PennsylvanN. If there M a lawwtt, Borrower agrees upon Lender's request to wbmlt to the )urladidtbn of are courts of CUMBERLAND Count', the Commonwealth of Pennsylvania. Lender and Borrower hereby wdve the right to arty Jury trial In arty actbrr, proceeding, or eounterolalm brought by tither Lender or eortower against the other. This Note shall be governed by and construed In axOrdanee with the laws of the Commornrealtlt of Pennsylvank. RIGHr OF SETOFF. Bortower grants to Lender a contractual possessory security Interest in, and hereby assigns, conveys, delivers, pledges, end transfers tc Lender aN Borrower's right,• title end interest in and to, eortower's accounts with Lender (whether checking, savings, or some other account), inducting without limltadon all axounts held Jdntly wlth someone eye end aN axounis Bortower may open in the future, excluding however all IRA and Keogh accounts, end all trust accounts for whbh the grant d a security interest would be prohibited by law. Bortower authorizes lender, to the extent permitted by epplkeble few, to charge or setoff atl sums owing on this Note against any and aN such axounis. COLLATERAL. This Note b secured by, in addition to any othw cdlateral, a Mortgage dated July 26, 1996, to Lender on real properly located in CUMBERLAND County, Commonwealth d Pennsylvania, all the terms and conditlons d which are hereby incorporated and made a part d this Note. x l (~' BOrrOWer: STEVEN S HINTON (SSN: 515-82-2962) Lender: PNC BANK, NATIONAL ASSOCIATION dba: VILLAGE FARM LANDSCAPE (TIN: 4242 CARLISLE PIKE 515822962) CAMP HILL, PA 17001874 54 FAIRFIELD STREET CARLISLE, PA 17013 07-26-1996 PROMISSORY NOTE Page 2 Loan No (Continued) GENERAL PROYISONS. Lender may delay or forgo enforcing any of its rights or remedies under this Note without losing them. Borrower and any outer person who signs, guarantees or endorses this Note,.to the extent allowed by law, waive presentment, demand for payment, protest end notit~ of dishonor. Upon any change in the terms Of this Note, and unless otherwise expressly stated in wd6np, no party who signs this Note, whether as maker, guarantor, accommodetlon maker or endorser, shall be released kom liability. All such parties agree that Lender may renew or extend (repeatedly and for any lerlpih of tirrg) ttris loan, or release arty Party a guarentor or collateral; or impair, fail to realize upon or perfect Lender's security interest in the coseterel; end take any outer action deemed necessary by Lender without the consent of ar notice to anyone. All such paNes also agree that Lender may modify this loan wthout the consent of or notk:e to anyone other than the ptuty with whom the modification is made. If any portion of this Note is for any reason determined to t>e unenforceable, it will not affect the enfort~ability of any other provisions of this Note. CONFESSON OF JUDGM13dT. 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 WTTHOIlT COMPLAINT FILED, AS OF ANY TERM, CONFESS OR ENTER JUDGMENT AGAINST BORROWER FOR THE ENTIRE PRINCIPAL BALANCE OF THIS NOTE, ALL ACCRUED INTEREST, LATE CHARGES, AND ANY AND ALL AMOUNTS EXPENDED OR ADVANCED BY LENDER RELATING TO ANY COLLATERAL SECURING THIS NOTE TOGETHER WITH INTEREST ON SUCH AMOUNTS, TOGETHER WITH COSTS OF SUIT, AND AN.ATTORNEY'S COMMISSION OF TEN PERCENT (1096) OF THE UNPAID PRINCIPAL BALANCE AND ACCRUED INTEREST FORCOLLECTION,: BUT IN ANY EVENT NOT LESS THAN FIVE HUNDRED DOLLARS (5500) ON WHICH JUDGMENT OR JUDGMENTS ONE OR MORE EXECUTIONS MAY ISSUE IMMEDIATELY; AND FOR SO DOING, THIS NOTE OR A COPY ~ THIS NOTE VERIFIED 8Y AFFIDAVR SHALL BE SUFFICIENT WARRANT. THE ALfTHORiTV 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 ~ ALL AMOUNTS DUE UNDER THIS NOTE. BORROWER HEREBY WAIVES ANY RIGHT BORROWER MAY HAVE TO NOTICE OR TO A HEARING IN CONNECTION WITH ANY SUCH CONFESSION OF JUDGMENT AND STATES THAT EITHER A REPRESENTATIVE OF LENDER SPECIFICALLY CALLED THIS CONFESSION OF JUDGMENT PROVISION TO BORROWER'S AT'iENTION ~ BORROWER HAS BEEN REPRESENTED BY INDEPENDENT LEGAL COUNSEL. PRIOR TO SIGNING THIS NOTE, BORROWER READ AND UNDERSTOOD ALL THE PROVISIONS OF THIS NOTE. BORROWER AGREES TO THE TERMS OF THE NOTE AND ACKNOWLEDGES RECEIPT OF A COMPLETED COPY OF THE NOTE. BORROWER: ..:_ ~._ae~..:..:.:.:::~ ...~....'....~p~lc. ~S~fE S'HINT Fe~etl Rate. Balloon. LASER PRO, Req. U.S. Pat. a T.M. 0f1., Var. Sgt (c) l ea6 CFI RoServkes, Inc. All rights reservetl.IPA-020 SDBNINTO.LN C2a.OVLI PROMISSORY NOTE ~~ are for Lender's use only and BOfrOWer: STEVEN S. HINTON (SSN: 5152-2962) Lender: PNC BANK, NATIONAL ASSOCIATION dba: VILLAGE FARM MARKET LANDSCAPING 4242 CARLISLE PIKE (TIN: 515822982) CAMP HILL, PA 17001-8874 54 FAIRFIELD STREET CARLISLE, PA 17013 Principal Amount: $10,000.00 Initial Rate: 11.500°,6 Date of Note,: February 17, 1998 PROMISE TO PAY. STEVEN S. HINTON ("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 Ten Thousand & 00/100 Dollars (S10,000.00) or SO much 85 may be outstanding, together with Interest on the unpaid outstanding principal balance of each advance. Interest shall be calculated from the irate of each advance until repayment of each advance. PAYMENT. Borrower will pay this loan in accordance with the following payment schedule: Borrower will pay regular monthly payments of accrued interest beginning on the Nrst day of the Billing Cycle after the Initial advance, and all subsequent Interest payments are due on the same day of each month after that. Borrower will pay this loan in one payment 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 FEBRUARY 17, 1999, or such Ialer tlate as may be designated by written notice from Lender to Borrower but in no event otter the 4enth anniversary of the dale of this Note. Borrower acknowledges and agrees that in no event will Lender be under any obligation to extend or renew the loan or this Note beyontl the Initial~Fxpiration Date. In no event shall the aggregate unpaid principal amount of advances under this Note exceed the }ace amount of this Note. Bonower will pay Lender at Lender's address shown above or at such other place as Lender may designate in wdting. Unless otherwise agreed or required by applicable law, payments will be applied first to accrued unpaid interest, then to principal, and any remaining amount to any unpaid collection costs and late charges. 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 necessarily the lowest rate charged by Lender on its loans. If the Index becomes unavailable during the term of this loan, Lender may designate a substitute index after notice to Borrower. Lender will tell Bonower the curzent Index rate upon Borrower's request. Bonower understands that Lender may make Icons based on other ratios as well. The interest rate change will not occur more oHen than each month. The Index for a Billing 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 366/366 days, by applying the ratio of the annual interest rate on the first day of the Billing Cycle over a year of 3661365 days to obtain a daily 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 currentty is 8.500% per annum. The Interest rate to be applied to the unpaid principal balance of this Note will be at a rate of 3.000 percentage points over the index, resulting in an Initial rate of 11.500% per annum. NOTICE: Under no circumstances will the interest rate on this Note be more than the maximum rate allowed by applicable law. PREPAYMENT. Borrower may pay without penalty all or a portion of the amount owed earlier than it is due. Early payments will not, unless agreed to by Lender in wdting, relieve Borrower of Borrower's obligation to continue to make payments of accrued unpaid interest. Rather, they will reduce the pdncipal balance due. LATE CHARGE. If a payment is 15 days or more late, Borrower will be charged 5.000% of the unpaid portion of the regularly scheduled payment or 5700.00, whichever Is less. DEFAULT. Bonower will be in default if any of the following happens: (a) Borrower fails to make any payment when due. (b) Bonower breaks any promise Borcower has made to Lender, or Borrower fails to comply with or to perform when tlue 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 Borzower has with Lender. (c) Any representation or statement made or furnished to Lender by Borcower or on Borrower's behalf is false or misleading in any material respect either now or at the time made or furnished. (d) Bonower dies or becomes insolvent, a receiver is appointed for 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 Borzower under any bankruptcy or insolvency laws. (e) Any creditor ides 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 of the events described in this default section occurs with respect to any guarantor of this Note. (g) A material adverse change occurs in Borrower's financial condition, ar Lender believes the prospect of payment or performance of the Indebtedness is impaired. LENDER'S RIGHTS. Upon default, Lender may, offer giving such notices as required by applicable law, declare the entire unpaid principal balance on this Note and all accrued unpaid interest immediately due, and then Bonower will pay that amount. Upon default, including failure tc pay upon final maturity, Lender, at its option, may also, if permitted under applicable law, increase the vedable interest rate on this Note to 8.000 percentage points over the Index. The interest rate will not exceed the maximum rate permitted by applicable law. Lender may hire or pay someone else to help collect this Note if Borcower does not pay. Borzower also will pay Lender that amount. This includes, subject to any limits under applicable law, Lender's attorneys' tees 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 not prohibited by applicable law, Borrower also will pay any court costs, in eddifion to all other sums provitled by law. If judgment is entered in connection with this. Note, interest will continue to accrue on this Nota after judgment at the interest rate applicable to this Note at the time judgment is entered. This Note 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 wbmit to the jurisdlctlon o} the courts of CUMBERLAND County, the Commonwealth of Pennsylvania. Lentler antl 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 In accordance with the laws-of the Commonwealth o} Pennsylvania. RIGHT OF SETOFF. Bonower grants to Lender a contractual possessory secudty interest in, and hereby assigns, conveys, delivers, pledges, and transfers to Lender all Bonower's dght, title and interest in and to, Borrower's accounts with Lender (whether checking, savings, or some other .account), including without limitation all accounts held jointly with someone else and all accounts Bonower may open in the future, excluding however all IRA and Keogh accounts, and all trust accounts far which the grant of a secudi interest would be prohibited by law. Borrower authodzes Lender, to the extent permitted by applicable law, to charge or setoff all sums owing on th~J'ys,, Note against any and all such awounts. CY"(>~/ .. -~:~'scap.:x. . yW~aresirnm, p2-~7 t998 PROMISSORY NOTE Page 2 4oan No (Continued) provided in this paragraph. All Communications, instructions, or directions by telephone or otherwise to Lender are to be directed to Lender's office shown above. The following party or parties are authorized as provided in this paragraph to request advances under the line of credit until Lender receives from Borrower at Lender's address shown above written notice of revocation of their authority: STEVEN- S. HINTON. Borrower may obtain advances from time to time by wrfttng checks in amounts of not less than $100.00 or by using other methods which Lender may permit and may continue to obtain advances until this loan is terminated. Lender agrees to pay checks, so long as they do not cause the principal balance to exceetl the face amount of this Note, which are dated, drawn antl 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 tlays 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 atlvance 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 obligation to advance funds under this Note if: (a) Borrower or any guarantor is in default under the terms of this Note or any agreement that Borrower dr any guarantor has with Lender, including any agreement made in connection with the signing of this Note; (b) Bonower or any guarantor ceases doing business or is insolvent; (c) any guarantor seeks, claims or otherwise attempts to limit, modify or revoke such guarantor's guarantee of this Note or any other loan with Lender; or (d) Borrower has applied funds provided pursuant to this Note for purposes other than those authorized by Lender. FEES. If applicable, 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 beyond the current Expiration Date in Lender's discretion. FINANCIAL INFORMATION PROVISION. Borrower agrees to deliver any financial and other business information concerning Borrower that Lender may request from time to time, such as annual and interim financiaV statements (elf of which shall be prepared in accordance with generally accepted accounting principles) and federal income tax returns. 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 whG signs, guarantees or endorses this Note, to the extent allowed by law, waive presentment, tlemand for payment, protest and notice of dishonor. Upon any change in the terms of this Note, and unless ofherwise~-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 far any length of time) this loan, or release any party or guarantor or collateral; or impair, fail to realize upon or perfect Lender's security interest in the collateral; and take any other action deemed necessary by Lender without the consent of or notice to anyone. All such parties also agree that Lender may modify this Icon without the consent of or notice to anyone other than the party with wham the modification is made. tf 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 pR 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 90RROWER FOR THE ENTIRE PRINCIPAL BALANCE OF THIS NOTE, ALL ACCRUED INTEREST, LATE CHARGES, AND ANY AND ALL AMOUNTS EXPENDED OR ADVANCED BY LENDER RELATING TO ANY COLLATERAL SECURING THIS NOTE TOGETHER WITH INTEREST ON SUCH AMOUNTS, TOGETHER WITH COSTS OF SUIT, AND AN 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 OA TO A HEARING 1N 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 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 NOSE HAS BEEN SIGNED AND SEALED BY THE UNDERSIGNED. BORROWER: <~ / STEVEN S'HINTON VariAble Rate. Line of Cretlit. LASER PRG,Reg.U.S.Pa1.8T.M.OfL,Ver.3.24a(c)1998 CFI PfaServices, Inc. Alirightsresarvetl.IPA-020 E3.24LP333710.LN G2I.OVLI IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PNC BANK, NATIONAL ASSOCIATION, ) Plaintiff ) vs. ) STEVEN S. HINTON d/b/a ) VILLAGE FARM MARKET LANDSCAPING,) Defendant ) CERTIFICATE OF RESIDENCE I hereby certify that the precise address of Plaintiff is: Fifth Avenue and Wood Street Pittsburgh, Pennsylvania 15265 and that the last known address of Defendant is: 1550 B. Mount Holly Pike Carlisle, PA 17103 By ~ ~~ c,~a~~. Donna . Donaher, Esquire Attorney for PNC Bank, National Association AFFIDAVIT The undersigned hereby certifies that the Judgment to be entered in this action is not being entered against a natural person in connection with a consumer credit transaction. To the contrary, the underlying transaction is a commercial transaction. Donna M. Donaher, Esq. Attorney for PNC Bank, National Association BANK FI:1554741 999999-999999 VERIFICATION The undersigned, Thomas Wittman, hereby verifies the statements of fact contained in the attached Complaint in Confession of Judgment to be tnae and correct according to his personal knowledge, information and belief, and further pledges that this verification is made subject to the penalties of 18 Pa. C.S.A. §4904 relating to unswom fa{sification to authorities. Date: Bv: ~-J Thomas Wittman Assistant V.P. and Recovery Manager BF122415.1 ACT 105 OF 2000 NOTICE A JUDGMENT HAS BEEN ENTERED AGAINST YOU BY CONFESSION OF JUDGMENT. PURSUANT TO 42 PA. C.S.A. §2737.1, IF YOU WERE INCORRECTLY IDENTIFIED AS A DEFENDANT IN THE COMPLAINT IN CONFESSION OF JUDGMENT, YOU MAY BE ENTITLED TO COSTS AND REASONABLE ATTORNEY FEES AS DETERMINED BY THE COURT. YOU MAY TAKE ACTION TO STRIKE THE JUDGMENT BY FOLLOWING THE PROCEDURE IN RULE 2959 WHICH IS AS FOLLOWS: Pennsvlvania Rule of Civil Procedure 2959 -Striking Off Judgment. (a)(1) Relief From a judgment by confession shall be sought by petition. Except as provided in subparagraph (2), all grounds for relief whether to strike off the judgment or to open it must be asserted in a single petition. The petition may be filed in the county in which the judgment was originally entered, in any county to which the judgment has been transferred or in any other county in which. the sheriff has received a writ of execution directed to the sheriff to enforce the judgment. (2) The ground that the waiver of the due process rights of notice and hearing was not voluntary, intelligent and knowing shall be raised only (i) in support of a further request for a stay of execution where the court has stayed execution despite the timely filing of a petition for relief from the judgment and the presentation of prima facie evidence of a defense; and (ii) as provided by Pennsylvania Rule of Civil Procedure 2958.3 or Rule 2973.3. (3) If written notice is served upon the petitioner pursuant to Rule 2956.1(c)(2) or Rule 2973.1(c), the petition shall be filed within thirty days after such service. Unless the defendant can demonstrate that there were compelling reasons for the delay, a petition not timely filed shall be denied. (b) If the petition states prima facie grounds for relief the court shall issue a rule to show cause and may grant a stay of proceedings. After being served with a copy of the petition the plaintiff shall file an answer on or before the return day of the rule. The return day of the rule shall be fixed by the court by local rule or special order. (c) A party waives all defenses and objections which are not included in the petition or answer. (d) The petition and the rule to show cause and the answer shall be served as provided in Rule 440. (e) The court shall dispose of the rule on petition and answer, and on any testimony, depositions, admissions and other evidence. The court for cause shown may stay proceedings on the petition insofar as it seeks to open the judgment pending disposition of the application to strike off the judgment. If evidence is produced which a jury trial would require the issues to be submitted to the jury the court shall open the judgment. (f) The lien of the judgment or of -any levy or attachment shall be preserved while the proceedings to strike off or open the judgment is pending. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PNC BANK, NATIONAL ASSOCIATION, ) Plaintiff ) vs. ) STEVEN S. HINTON d/b/a ) VILLAGE FARM MARKET LANDSCAPING,) Defendant ) TO: Steven Hinton d/b/a Village Farm Market Landscaping, Defendant NOTICE OF ENTRY OF JUDGMENT Please take notice that on , 2001, a Judgment by Confession of Judgment, was entered against you in the court and at docket term and number set forth above. The amount of the Judgment is $34,764.92, plus costs. Prothonotary, Cumberland County IN THE COURT OF' COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PNC BANK, NATIONAL ASSOCIATION, CIVIL DIVISION Plaintiff, NO. vs. STEVEN S. HINTON, d/b/a VILLAGE FARM MARKET LANDSCAPING, Defendant. AFFIDAVIT OF NON-MILITARY SERVICE Filed on behalf of Plaintiff, PNC Bank, National Association Counsel of Record for This Party: Donna M. Donaher, Esquin: Pa. I.D. #53165 TUCKER ARENSBERG, P.C. Firm #287 1500 One PPG Place Pittsburgh, PA 15222 (412) 566-1212 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PNC BANK, NATIONAL ASSOCIATION, Plaintiff, CIVIL DIVISION NO. vs. STEVEN S. HINTON, d/b/a VILLAGE FARM MARKET LANDSCAPING, Defendant. AFFIDAVIT OF NON-MILITARY SERVICE COMMONWEALTH OF PENNSYLVANIA ) SS. COUNTY OF ALLEGHENY ) I, DONNA M. DONAHER, being duly sworn according to law, hereby depose and say that the Defendant is not a member of the military service of the United States of America to the best of my knowledge, information and belief. Donna M. Donaher, Esquire Counsel for PNC Bank, National Association Swom to ands bscribed .. before me this 1~th day of~ 2001. NrSt`a P lic BF9:,5521.9 - NOtadal Seel (~yKe J. Mizak, Notary Public of fltSbtt~ Allegherry Couttty M~f;ornmtssion xpires May 23, 20D5 Member,PennsyManiaASSOdadonotNDtaAea ~. (~ ~ ~~ -C ~ ~ ~ d ~ ~ ~- ~, ~~ ~ ~~-- ~> ~- ,~~_ ~- _~`-. ..~ _,'-. ~= ., ~, ~~. <:. ~: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PNC BANK, NATIONAL ASSOCIATION Plaintiff, No. 01-4909 Civil Term v. STEPHEN S. HINTON d!b/a VILLAGE FARM MARKET LANDSCAPING, Defendant. CERTIFICATE OF SERVICE UNDER RULE 2958.1 Filed on Behalf of Plaintiff, PNC BANK, NATIONAL ASSOCIATION Counsel of Record for This Party: Donna M. Donaher, Esquire PA I.D. No. 53165 TUCKER ARENSBERG, P.C. Firm No. 287 1500 One PPG Place Pittsburgh, PA 15222 (412) 566-1212 a' IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PNC BANK, NATIONAL ASSOCIATION, Plaintiff, No. 01-4909 Civil Term v. STEPHEN S. HINTON d/b/a VILLAGE FARM MARKET LANDSCAPINT, Defendant. CERTIFICATE OF SERVICE UNDER RULE 2958.1 The undersigned hereby certifies that she did serve a Notice Under Rule 2958.1 of Judgment and Execution thereon, upon the Defendant on August 25, 2001, by certified mail, at the following address: 1550 B. Mount Holly Pike Carlise, PA 17103 A true and correct copy of the Notice Under 2958.1 and the return receipt is attached hereto. TUCKER ARENSBERG, P.C. By Gt~`~~/ ~_ Donna . Donaher, Esquire 1500 One PPG Place Pittsburgh, PA 15222 (412) 566-1212 BANK FI:157903-7 000011-101117 ,~ -TEICKERAR~NSBERG, PC. CELEBRATING A CENTURY OF SERVICE Donna M. Danaher 412-SSa5533 tltlonaher®tuckerlaw.com IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PNC BANK, NATIONAL ASSOCIATION, Plaintiff, CIVIL DIVISION No. 01-4909 Civil Term vs. STEVEN S. HINTON, d/b/a VILLAGE FARM MARKET LANDSCAPING, Defendant. Notice Under Rule 2958.1 of Judgment and Execution Thereon Notice of Defendants Rights To: Steven S. Hinton, d/b/a Village Farm Market Landscaping 1550 B. Mount Holly Pike Carlise, PA 17103 A judgment in the amount of $34,764.99 has been entered against you and in favor of the plaintiff without any prior notice or hearing based on a confession of judgment contained in a written agreement or other paper allegedly signed by you. The sheriff may take your money or other property to pay the judgment at any time after thirty (30) days after the date on which this notice is served on you. You may have legal rights to defeat the judgment or to prevent your money or property from being taken. YOU MUST FILE A PETITION SEEKING RELIEF FROM THE JUDGMENT AND PRESENT IT TO A JUDGE WITHIN THIRTY (30) DAYS AFTER THE DATE ON WHICH THIS NOTICE IS SERVED ON YOU OR YOU MAY LOSE YOUR RIGHTS. 1500 ONE PPG PLACE PITTSBURGH, PENNSYLVANIA 15222 412-566.1272 FAX 412-594-5619 Pittsburgh Airport Area • Harrisburg E-mail: tapc~tuckerlaw.com www.tuckarlaw.com Tl1CKER ARENSBERG, P.C. ~.r, f~~"~-I:- .d'i . CEEEBRATIUC ~\ CENTURY OF SERNCE YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP: Lawyer Referral Service Court Administrator Cumberland County Courthouse Carlisle, PA 17013 (717) 240-6200 _ ~ , Donna M. Donaher 1500 One PPG Place Pittsburgh, PA 15222 (412) 5945533 BF757281,1 M Complete items 1, 2, and 3. Also complete - item 4 if Restricted Delivery is desired. M Print your name and address on the reverse - so that we can return the card to you. _ - M Attach this card to the back of the mailpiece, or on the front if space permits. 1• Article Addressed to: S+aYart S. 11ir~+a~ dl ble~ yiQt~a. foso. Marl~.t l..andscc.p~nalt r ~ 1550 P~. Mow~E Nellr~ ~;k~. Co.r ls~., ~A -'l l 03 Date of Delivery ~zro 1 X /116• ~~%[~i(A'XJ/l ^Agent ^ Addre 0. I~ delivery 5ddress different from Rem 17 ^' Yes If YES, enter delivery adtlress below: ~No ^ Registeretl ^ Return Receipt for Merchantlise 3. Service Type C ^ Cert~ed Mail ^ Express Mail ^ Insured Mail ^ C.O.D. ' ~ ' ~ - " - _ `" - 4. Restricted Delivery? (EMra Fee) ^ Yes * ~- '~- '~"'' xx"' 2. Article Number(Copy /rom service label) x L Y -e, r "loo0 16'10 oote2 '739 a85~. j PS Form 3811, July 1999 Domestic Return Receipt 102595-99-M-1799 ~ _ _ +„ - ~ - rLl - ~ Postage 8 m ' - ~ - f~- Certifietl Fee fu ' Return Receipt Fee . _.' ~ (Endorsement Required) ,, ' ~'~' + , " ap `X q -' '~ u _' O i Restrictetl Delivery Fee ' .:- .~. '.. . j~ y _ .., D r- ~ (Endorsement Requred) ' ~ - - - ~ '~ ~ Total Postage 8 Fees . - - ~ segr ro p.Y n i11os~. ~m--Mnt1u.4--- - ~ ~ o Sfreef Ap No or PO Box No. Is5o ~. Mour~+ !~c i ~ O %r- City, Brafe. ZIP+4 Cflrl~so ~1A 1'~1~03 I Po~arx ~~~r re. ,.~ `~' ~? -t; R' ~ t''1 ... ~t= ~~ ~ :-'_T ~ z c ,` ~ C:5 ';' ~ 4~ ~ , +*"} i ~J CD -~: :+ .. .~.. _3~a -a.r ~~=.a~-., ~z.v:~.:rcva:~"..*Js+v~et~3^stia €F5~S5•~. ~v..,