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HomeMy WebLinkAbout07-5947a IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PNC BANK, NATIONAL ASSOCIATION, Plaintiff, vs. RAND M. ROCKEY DBA RAND ROCKEY PAINTING, CJ<< -Fran Defendant. CIVIL DIVISION NO. O'1 - 5947 CONFESSION OF JUDGMENT Pursuant to the authority granted in the Warrant of Attorney contained in the Note, the undersigned attorney hereby appears for Defendant and confesses judgment in favor of Plaintiff, PNC BANK, NATIONAL ASSOCIATION, and against Defendant, as follows: Principal Debt $ 49,376.84 Interest through 8/27/07 2,714.36 Late charges 304.31 Attorney's Commission 5,209.12 Total $ 57,604.63 By: 7? Donna M. Donaher, Esquire Attorney for PNC Bank, National Association IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PNC BANK, NATIONAL ASSOCIATION, CIVIL DIVISION Plaintiff, NO. M- 0'iv (erm vs. RAND M. ROCKEY DBA RAND ROCKEY PAINTING, Defendant. COMPLAINT IN CONFESSION OF JUDGMENT Filed on behalf of Plaintiff, PNC Bank, National Association 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, CIVIL DIVISION NO. vs. RAND M. ROCKEY DBA RAND ROCKEY PAINTING, 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: 1. Plaintiff, PNC BANK, NATIONAL ASSOCIATION, ("PNCB"), is a national banking association organized and existing under the laws of the United States of America and a citizen of Pennsylvania, with its main office located at Fifth Avenue and Wood Street, Pittsburgh, Pennsylvania. 2. Defendant is Rand M. Rockey DBA Rand Rockey Painting, whose last known address is 423 West Main Street, Mechanicsburg, PA 17055. 3. On December 3, 2002, Defendant submitted to Plaintiff an Application for a Business Line of Credit. A true and correct copy of the Application is attached hereto, incorporated herein and label Exhibit "A". 4. Pursuant to the terms of the Application, the Defendant agreed that should the line of credit be granted, he would be bound by the terms and conditions of the Business Line of Credit Agreement. 5. On or about December 3, 2002, the Plaintiff did notify the Defendant that a business line of credit in the original amount of $10,000.00 would be extended. 6. On or about December 3, 2002, the Plaintiff did provide the Defendant with the Business Line of Credit Agreement ("Agreement") containing the terms and conditions of the line of credit. A true and correct copy of the document is attached hereto, incorporated herein and labeled Exhibit "B". 7. The Application and Agreement shall hereinafter be jointly referred to as "Note". 8. There has been no assignment of the Note. 9. Judgment has not been entered on the Note in any jurisdiction against the Defendant. 10. The judgment by confession sought by PNCB in this Complaint is not being entered against a natural person in connection with a consumer credit transaction. 11. By Warrant of Attorney contained in the Note, Defendant authorized entry of judgment by confession. 12. Pursuant to the Warrant of Attorney executed by Defendant, Defendant waived the benefit of all laws exempting real or personal property from execution. 13. Pursuant to the Warrant of Attorney contained in the Note, judgment may now be entered against Defendant as payment on the Note was not made when due thereby creating an event of default under the Note and accelerating all amounts due thereunder. 14. Under the Note, the following amounts are now due by Defendant to PNCB: Principal Debt $ 49,376.84 Interest through 8/27/07 2,714.36 Late charges 304.31 Attorney's Commission 5.209.12 Total $ 57,604M -2- 15. Under the terms of the Note, Defendant is liable to PNCB for attorney's commission of ten (10%) percent for collection. WHEREFORE, Plaintiff, PNCB, demands that a judgment be entered against Defendant, Rand M. Rockey DBA Rand Rockey Painting, as authorized in the Warrant of Attorney contained in the Note, in the sum of $57,604.63, together with interest and costs of suit. Respectfully submitted, TUCKER ARENSBERG, P.C. By. Donna M. Donaher, Esquire Pa. I.D. #53165 1500 One PPG Place Pittsburgh, PA 15222 (412) 566-1212 Attorney for PNC Bank, National Association -3- (Page 16 of 65) e EXHIBIT ignaturt: , Signature Name and Title (plensc? print) Name and Title (pimse prim) ? rtG, OG?rit?.r. ?vt?CZ etc Date p Borrower(s) -Borrower(s): If1 bane of Cwporsriore 1 anrrenhgi or thhcr fstiq, if liesb e) i \OTE: I f li ormw er is a oory+nration tfie o ?cer(sy narrkd in the attactred n_ anon must si?m. &.mnuer is a panncrship, alt grneral )tartness must sign. Corporate Resolution (for Corporate Borrowers) RESOLVED, Tliat and / or are authorized to apply for credit and enter into binding loan agrecmcnu on beha)f of this Corporation; and FURTHER RESOLVED That each of the above-named officers is authorized to sign and deliver any loan agreement, notes, security agreements and renewal, modificatiolt, axtencion and other agreements on behalf of this Corporation (any of which may contain a warrant of attorney authorizing the Bank to confess judgment against the Corporation for all sum, due or to become due by the Corporation to the Bank). CERTIFICATION. I certify that: I am Secretary or Assistant Secretary of the Borrower,, the foregoing resolutions were adopted by the Borrowces Board of Directors; are in full force and effect and Itave not been modified or revoked: and the signature, and titles set forth above arc the genuine signatures and titles of the persons indicated. X S'Pn3ture nl•Setretary or Assistant Secretary rrUnfo::v,i AMOK t;w.rAJ.?+.is•oi ;K t Date Guarantor(s): (All oanercandPrincipals orhLS rrower(s)mustsignasguarrntom) RN CBAIV< BUSINESS BANKING LINE OF CREDIT AGREEMENT Borrower: RAND M ROCKEY DBA: RAND ROCKEY PAINTING 423 WEST MAIN STREET ,MECHANICSBURG. PA 17055 Bank: PNC Bank, National Association 4242 Carlisle Pike Camp Hill, PA 17001 Maximum Crcdit: S10,000.00 Annual Fee: S175.00 (WAIVED FOR FIRST YEAR) Initial Index: 4.7500 Margin: 2.000% Initial Ratc: 6.25%, Date of Loan: DECEMBER 3, 2002 ¦ Sole Proprictorsliip Q General Partnership ? Limited Partnershi ? Corporation Q Subclta ter S Co P O Limited Liability Company p rpontion Non-Profit Corp. State orOrganization: PENNSYLVANIA Other Locations or Borrower's Business: 20 of 651 ¦ 13USINESS BANKING LINE OF CREDIT AGREEMENT TERMS AND CONDITIONS We are of pleawd to'L have yew as a customer and to pint irk gnu oath a eopp of, rew terms and conditions (the 'Terms and Conditions') goreming the tine of credit tLi nery prov ialcJ m you by ui, 'ncase Teens and CunJitiorts are an important Part of Your Nosiness Uanking Ube of Credit Agiecotenl. A suppH• of cheeks to c,, l0 you to begin using your account trill be mailyd to you shoe)). Plcuc read lhcse Tstnts anq Conditions carefully. Your use or :ecccptaocc fef:n)' Line pmcr<Js will he okened evidence of )our agreement to Ih?e Terttis and Conditions. • DITINI rIONS. In this Agreement, the following definitions apply: `Agreement` means this !)usiniss Nanking Line OrCrudit Agreement and any amendment or addendum sO this Agreement. "us.- "our"or `I lauk" means The Hank Identified on die first page of this Agreement or any person or entity to ulmm the rights orthe Itahk isme been assigned. "YfitL" "'your: ')ours- or -I)o"O%vcr' means the individual(s) or cmity(tcs) identified on the first page of this Agreement mho have applied to to flank for to Line, for "hum an account has been approved and oho arc listed above as a Ilorruuer. -Milling C) cle" means the interval lectuccu the dales on which ntttnthly statements ate prepared. -1:\piration Date- shall be the date mhich is one )car from the Date of Loan shoun an the first page of this Agreement. or such 131cr date as may he designated by uritlen notice from its to you. -Jla\imum Credit Limit- or -J1a\imum Credit- mews the total Jollar amount of credit available to you from time to little, the initial amfiuol of mhich is identified on the first page of ibis Agreement. -Ib)nient Due Date" means the date mhich *,sill appear each m onfle as the -Pa)nlenl Due Date on the billing statement. Tllc Paytmcnt Due Date a ill he determined by the Bank at the hank's discretion. "I'Yntlination- nll'ans that )file trill no loner be able to obtain loans or any evtcosifin of credit fire this account. 'Cennination anccls the :recount perm ncnth. oil:NliR:\I. DI!tiCRll' CIU? OI° 'fl Il: ACCOU\T. 'this account is a resolving lime recount. sometimes called aline of credit. Otis intended to he used ndt• firr business purposes. you represent that it will not be used primarily for personal. family. or household purposes. You nim obtain knim feet Ibis :tec(mnl in the ua):s described in the "Account Privilcpmr Section of this Agm-ni nl up to the Maximum Credit Limit rife this account is terminated. Interest uilf tic charged on the outstanding principal balance at a rate that may change 1'mm tiuoc h+ titre. Each erne rate "if I apply ho file outsL•rnding hafancc on your account and all new homnvings until the rule changes again. 3. AUT11ORI/.ED SIGNERS. In the Agreement. )feu are To designate the person(s) who arc authorird to wrie checks or ot+tain funds front this account by" any other meant as roc maS. front tinoc Ill title, pent!!! w1ihOYt IIK 5lghalte ur endorsc'111Cm of any Mher Ilurm+eaa7. Any mil; of the aulAorifed si_Yntts may act akme. If more than tine name is itknfifcd as )lotrnver. each indivWual llorruwcr named has aushrrrhy ht NMIC CIKCks Or ohlam Bonds Oom this account hr any other means a.. we mav. fr..m rim. to umc, pence t mahout the signature of U. I'Lirsonscilf of amp other !tom+mcr. We may honor dralls dmun by at authorized signer even if the dralls arc made payable to the signer. its cash, or for deiaasits h+ to authorized signers petsonaf account. We have no duty to intestigaic ur question the application ol'Linc funds. We may refuse to honor drafts or rcyucals for funds if etc are uncertain as to an)one's continuinetaulhorily to act as an authorized signer, or if the signatutc on a draft does not appear to be that of an authorized sigrecr. a. HOW YOU AGRIT •f0 TI lU TURNIS OF THIS ACCOUNT. Applying lr the Line, using your account yr pernhining son cone else It, use )our account co nstituics your agreement with us to be bound by this Agreement. c. ACCOUN'r PRI\'ILFGi:s. We have established this account for )tits with a Isla\imum Credit Limif in the amount set forth on the first page of this Afleetnent uhich may change front time to time and uhich trill appear fill your monthly billing statement. You may use this credit to obtain loans from linic f0 time until The li\piration Date by uniting checks given by us to you firr that special purpose ire aniounis of nut Icss lharr S l.(X)U.W or h% mine tnhcr methods mhich we may permiL You may not use this account to make pa)mcnts on this or any other P.NC Hank account, You may continue to oblaio loans until this account is terminated or the Expiration Date. uhichcvtrr is earlier. You aulhorirc us to charge this account for all checks % no write fin this account. for loans you make and for interest and any other amounts uhich )on agree in this Agrernrcul to Pay. If you tosc the checks uhich ucre given to you to obtain loans front this accounL or somwnc has ubtaimed them without )our pannission• stmt must fell us imnr.Jiately. You ackno%ledge and agree that in nu event mill "e be tender any abligation to extend or renew this account he)ortd the initial Expiration Date. -2- A•c agree to pay checks which arc dated, drattn and issued on this account by you prior to the earlier ofthc termination of This :recount or Ilse E=xpiration Uatc. ue arc not ubligacd to pay checks that cause your balance to exceed your Maximum Credit Limp We are not obligated to pay any checks dated, drawn or issued by you or received by us alter this account is terminate!, if your balance exceeds your Maximum Credit 1_imit. tar if your chccks lave heen reported lost tr stolen. You agree that the only checks that you will write to make loans from the account atilt be those issued h% us for that special purlnise. 6. OVERMAI F Pkert I'C'17U?. If yon elect Oyerdran Iholeeliun for this accllunt. we will make a deptlsit Ill the business checking aextafnt with its designated by you whenever a withdrawal is nude from that checking accann, either by writing a check from the checking account or in some other Nay. in an ameamt which is more money than the hatanee in that checking accuUllt. Ilse amnunt which t.e.v)0 deposit wilt he the anlount by which the withdrawal cwmds file balance in the checking account, rounded up to the next wludc SLOG. however, the amount which tic will deposit will not he less than MAO. We will charge the amount of the deposit as a loan from this account. We do plot have to make a deposit to the checking, account if a deposii will cause The balance of this account to exceed the Maximum Credit Limit or would violate this Agreement. Checking account Checks which an reiumed will he subject to our regular overdraft charges. 7. YOU A(ik1F. ;n not Its Mite chccks fur Icss than S1.(N)n.[t); h) to repay all amounts aJv:uiced hereunder huge llher w ith interest as Provided in this .Agreement; co not to make loans from this aecenmt which will cause the outstanding balance on this account at atq• time to exceed the Maxintuin Credit Limit which ttc have not. appruved or hnay approve at any time in the future; d) to immediately pay the amount or any loans in cxccss of the Maximum Credit Limit: ell to give us such financial stalcnicnis as we may rctprest from time to time; 1) to pay us costs of collection. including court costs and reasonable legal fims and expenses allawcd by law. if we refer y our acc.nent to an arurney for eldlectialt: 11 not to give us f.•tlse information or signatures at any time or let anyone nhu is not a Itorrovcr use this account: ti) ail pay a Late Charge, as provided in this Agreement. for each mouth way payment is not made %%ithin fifleen (I5) days of its 11:1% mcnl Due !)ale; and it its bonne any and all other promises that you make in this Agrceancni. X. SECURITY INTERFSF. Money on deposit pith us and property held by its secure loans made milker this Apreerthcm; collateral securing oahcr obtieations It, us may also secure loans under nhu Agreement. 9. I\TURiS•f. 'Ilse inh:rest fate ml the Line is subject to change from lime to tinge based tin changes in an independent index which hill he the bigltcit Prime Kate published in the ""limey Rates" section of Ilse wail Street JOUMat for the hw day of the preceding calendar month uhich is reported (the "Index-). *1 lie Index is not necessarily the Invest rate ne charge till our loaves. ll'llic Index hecmns unavailable during the tens of this accotmt, we may designate a suhstitufe index alter notifying you. 11'c trill tell you the current index rate upon your request. You understand that we may provide lines of credit and towns based on other rates as ucll. Ire interest rate change sill viol occur more oilers than each month. Ilse Index fur a !tilling Cycle is determined on the first day of that cycle based on the Index fitr the last day of the preceding calendar month uitich is reported. The current Index is set forth on the first page ufthis Agreement. Ilse interest tale to he applied to lie unpaid principal balance ufthis account is determined by adding a number of percentage points (the -Margin-) to the Index. This Margin is set fish on the first page oflhis Agreement. a: i, the initial interest rate for the account (die Index rate plus tic ,Margin). Interest on the principal balance of loans ouuianding on this account is computed on a 365/360 simple interest basis: that is, by apply ing the ratio of the annual interest rate on the first day ofdte Ifilling Cycle over a year ol'360 Jays to obtain n daily periodic rate. multiplied by the average daily principal balance during the flitting Cycle. muhiplkil by the actual number of days in lie flitting Cycle. Under no circums?ances will the inicia'st rate on this account he more than doe maximum rate allountel by applicable tau, 10. \IO\ Il ILL IN'1'IEkt?57' I'AYME\ I:S. You agree its pay the accrued and unpaid interest tin this account each month on the Play mcni Due Date. Your payment must he sent to its at the adJress shown ath.we or at such other place as we may designate in writing. Unless othertise agro-d in writing tar telluired by applicable fan. pa)ntcnls will bL applied first to any accrued impaid interest, then to principal, and any icnhaining amount to any unpaid collection costs and am kale ehar_cs. If- I.A1 E CHARGES If you fail to pay us the pa)menl due by The payment due date rellecled ml your mnnihly sWlenlent. ul may charge you a laic ChaigcorStoo or 51 bofttte amount past due, whichcvcr is less. 12. AM ONIA"ric PAYMENT: DEPOSITORY. 1\CR EASIi OF MARGIN. You agar to establish and maintain a business checking account with u: during the terns of this Agreement Which shall be your primary depository account, You authorize us in deduct your montlih paymcnis Pn the account from the checking account automatically. inhere are insullieient eolleetel and available funds in the checking account. %%e will not he rcquircd to advance finds to cu%cr the payment. We reseri. c the right to terminate tike automa?ic payment service at any time. With or without cause. If you revoke your authorization for es to automatically deduct your monthly payments on the account tram die checking account a,iy reason nhaL+oever or fail its maintain a checking account uhh us which may he charged, rte may, at our option, upon thin- (30) days notice hh you, increase the ihtcrest rate ytargin set forth on the first page of this Agreement by 0.25 pcrccntagl points (O 25::). If wu fall to establish and maintain your primary depository- account pith us, us: may, at out option. upon thirty (30) days notice lu you. increas.• the inkiest rate Margin set berth on die first page ufthis Agreement by tap Its 1.00perccmagc points I i.O(M). Our fight to increase the interc i rata' eMlargin pursuant IP this Section shall the in addition to any other rights or rrnpcdies we may have. all o(lvhich arc hcrchy reserved. and shall not constitute a wai%cr, release or limitation upon our exercise ofam• such rights or remedies. 13. You may h.n without penalty all air any portion of the antoutrt owed earlier than it is due. Early payments will not relieve you of'%our obligation it, contimte u• ndakc paymcros of accrued unpaid intcnst. Rather. they trill reduce the principal balance Jue. 14. %ION'l i ll.1' S'I'A,ri:,117NI'S A\ I) CI II:Ci?S. We u ill send you a monthly statement for each billing cycle in tthich activity is posted to this account or it'dierc is a debit or credit balance of more thart SI.OO or for any billing cycle in which we impose interest. The stalentent will show advance made. the antunt due hior accrual unpaid intcnst, payments made and the balance which you owe. All p:t)mcms must be received by its in U.S. dollars at the remittance address disclosed on )our atnuilily, billing statement. Any subsidian or affiliate ofours may act a, your agent in receiving pa) mcnis on this account. Unless you notify of us in writing of errors in (he statement uilhin sixty (60) Jays frttni the date it is mailed. the statement shall he considered correct and acceptcJ by you. 14e need not Pail you a aatemcni if we deem this account uncotlecaibic or if delinquency collection proceedings have been started by its. If there is more than one florroutr, each agrees that if the statement is sent to and accepted by any of vou. it shall he eomidercd correct as to and accepted by all of you. %Vc shalt retain all cheeks drawn on this account. l5. CRI:i)ff KI:Ydli1,1'. ley accepting this account. yon aothorite us to check your credit and employment history and to ansucr am• questions about our capericncc %%ilh yttu. You also an11101t/C us 90 alttain front and exchange information with our affiliates and correspondents. Inforrniation from credit bureaus Was obtained pith respect to this account. If you ask, we will tell you whether or not a consumer credit report s:n requested from a credit bureau and the n.•mte and address of doe credit bureau(s) that provided the consumer credit report. At our option, we Ina) obtain updated credit bureau reports and income ccrificaiiuns on you ns is reasonably necessary h) prowl not interests. 16 CUSI-OMiA INI'ORyIATION. You understand that we share transaction information with P\C Hank alliliaics and with any third party that ltcrfsmtts services fie us in connection %%itll this account or to whom this account nW be transferred. ii'e may also share twitter information )ou or a third party may- pro%ite. If you do not cant us to share personal. nontransaction information with PNC flank affiliates. please write us at PNC (lank. ('. O. Box 96066. Pittsburgh, lianns)lyania 15226. lie sure to include your nanle. address, account number(s) or Social SecariI%1I N number (s). 17- DEFAULT. You sill be in dctiluli if any ofihe fonowinc A? happens: al 11 you fail to pay any paynncnt when it is duc; h) If )ou rail to pay its the amount of any advances in excess of the NIavimum Credit Limit w ithin ten (10) davs after vvc mail a notice to you demanding the money. c) If you use the Pncceds of loans from this acceunl fair a purpose not permitted under this Agreement: ill If you or any guanmor fail It, provide us with an updmeJ financial statement upon our request. e) II')nn die, are put in jail, or if a court with proper jurisdiction to du so fads that you arc incapacitated: )) If cou make an assignment tier the henclit of crcditotrs. if sou are or become insulteru. if a receiver is appointed fitr any part o1' your property. (ir if bankruptcy or receivership proceedings are tiled by or against you; g) ifartgotte files a laasuit or gds a jolt nett against you, or attaches or Ieyics on any property nfyours: h) if sou do not notify us within ten Jays ofam• ehan--c in your address: i) lfyou have made any untntc statement or have provided us with false infiormatiown or signatures at any time; P V you fail to kvcp any ploutise or perform any dirty in this Agrcenrett or any other loan or agretntent a ith us; k) If) on default under any item, C%Wnsiun of ercdit. security agreement, purehwe or sales agreement, or any olldcr agntnieni. in favor of any other creditor or person that may matcriaily affect arty- of )our property or your ability to repay this account or l crtonn your obligations under this Aerecitcm; 1) If -Inv creditor Irks to rake any of sour propcny on or in which we have a lien or security interest (this includes a garnishment of a y of weir accounts with us); In) If a material adverse charge occurs in your financial condition. or we believe the prospect of payment or pcrlUnnance o1 the account is impaired. n) If you fail to dslahlish and maintain your primary deposit account with us; o) tf any of the cvcnt described in this dcfatilt section occurs with respect for any guarantor of this account. P) Wally guarantor seeks. claims 0r odcnsise attempt, to limit. nuQify. revoke such guaruuor's guaranty of this account ar any outer loan sith us; or q) If sc. in gaud faith. dcern ourselves insecure. M. OI1R klGl l I'S UE'ON hla'AUI:1. If a default occurs, we will hays no further duty to pay checks or make advances front this account and this account will he ILsminated. This sill happen uithoui prior notice to you. If ue choose, at our sole option. to pay checks front this account or made advances allcr default, you agrcc that ne may- chaTc chose toans to this account. If any event described in Sections 170). (g) or (it) happens, all amounts uhich you Otte its under this Agiec'inent shall he immediately due and payable without prior maicc to you. or right In cure, ccccpt as required by law. 11'any other event specified in Section 17 occurs, all amounts which you owe us under this Agreement shall h- -due and pa)ahlc itnmedialc1%.. at our option. uilhoul prior notice to you. or right to cure, except as required by law. the oilier provisions of this AgRtmcni u ill continue In apply io this account. Ifuc get a judgment after default and/or you ore a dchlor in an action filed by or against you under the Bankruptcy Code. unless prohibited by applicable late the rates applicable to this account will continue to apply to the balances an this account. A defaull under this Agrocmenl is a dcfaull under ei•ery lothcr note. loan aercenient or security agreenknl that you have with us. Upon default, if etc declare the entire outstanding principal. unpaid irnterast and charges on) our account immediately due and pay able. you must pay that amount intmcdialely. Upon yrtlr default. Nc may increase the interest Margin up to five Ierecinage points (5;e) over the variable interest rate on Ihi, accoml. if allowed by law. We may hire or pay sontegic else to help us collml this account if yt)u fail to pay in accordance sith this Agreement. You agrLc to pay our collection costs (including.. uithout limitation, the cast of in-house attomevs and snarl). whether or nor uc hire anyone else to help us collect this account. This includes. subject to any limits under applicable law. our atIomcys' fees and Icgal expenses .ahcthcr air not there is a laasuit. including attorneys' fees and legal expenses for bankruptcy proceedings (including CITorts Its onodif) or vacate Mly auttnmatie stay or injunction), appeals and any anticipated post judgil it collection services- In addition to all oilier suns Prt,y iJCJ by lain. you will also Pay any court costs Knot prohibited by applicable law. -4- 26 14.1H:1?S. Your :u cuum is snhjoxl to the ,lnnial Pee JoScribed tin the first page of this Agreement. 'Ihe Annual fee will he charged in advance on the anniversary date of your account and is not refundable. eft. TFRMINATIO` 11Y YOU. You may tcmtinatc this Agreement at all) time that you are Out its default by. (i) mailing or delivoing a u rincn notice u+ us Ill.-It %pu are terminating this account. (ii) paying us the oulstmufing principal balance of the account. the acu11ed and unpaid interest nn the halroncc, and all other *"'(Kilns due in accordance with the Icons Of this Agtcentcnt. and (iii) irnnictliately returning all checks nod other credit access Jet ici s. if applicable. which are our prolw q)• and that were provided to you to access )our account. 1'uu will cominuc to be liable fur any advances made pursuant Ito wuctumed checks. Any use ol'ehorcks after the account is erminated relay cc t can u %il fconi eat. *Iv 21. TIiRMINIA1 10*4 II}' US. Upon si- . (60) days prior written notice to you, toe may terminate this account. with or without cause. and demand fill p.•nntcen of the outstanding principal balance of site account, the accrued and unpaid interest on the balalwc, and all Oliver anurunts due in accordance wills the nouns of this Agreement. Unless our notice provides otherwise, we will have no further obligation to make in)- new loans k+ you. 'T'ermination under this paragraph will not atl'ect -tit)- checks which comply with this Agreement and which were wrillcn and issued by you before the date (it the iclntina ion nice or any other loans made under this Agreement before the date on the temtination notice. li'wc chaise. It our stile option. to pay checks or make advances ollcr we have terminated this accaun, you agree that we may charge thou loans to this account. After temtination, the checks and other credit access device.4. if applicabic, which arc our propcny and that were provided to you to access your account mutt be retuned Io us immediately. 22. CONVERSION -10 TI-X% I LOAN. We retain the right to convert all or any pan of the outstanding indchiceiness under this account into art amortizing icno loan, with or without cause, upon providing sixty (60) days prior written notice to you (the "Conversion Notice'). Vote cycnisc this right, we will compute a ncty monthly pa)ment with respect to the part of the account so convened (the 'Term Loan portion'), void you will be aJcisotil 411such new nuntlldy payment with respect ere the Term Loan Yonion in the Conversion Nnticc. Meentllly payments on the -Perot Loan Portion following the Conversion Notice shall be based upon an amortization period speeiflud in the Conversion Notice (the `Amonii-mion Period"). Subsequent payrncrou on the'lerm Loan [,onion shall be determined monthly and shall he in the amounts determined ley us h, be necessary to filly aenonire the then outsmeeding principal balance of the account so converted over the then remaining AninnirAion I'criod at the cllcctit c interest late on the account as of the date the amount of such pa)nicnt is calculated by its. All outstanding principal and accrued interest will he due on the last day of the Amoninnion period. follow in_ the Conversion Notice, the 1layirntmv Credit unlit of the account shall tK reduced to the initial amount of the Term Loan Portion. Vote may not rehorruw• repaid amounts of the Terns Loan Portion unless othentisc aarzd by its. Upon pa)mcni in full of the Tern Loan portion and with our consent, the full amount of the account may he reinstated. ,%It of nl+e pmwisioos of this Agreement shall apply ter dic Term Loan Portion except to the cytcnt inconsistent visit this paragraph. 23. OUR LIABILITY. We have no responsibility- for failure ofany machine, merchant or uder pany to horror checks or any other meant which we may recnttil from lime to time let tie used its obtain a loan fmnl this account. Our liability, if any. for wrongful dishonor of a check written an this account is limited lit )tour actual damages. Dishonor fir any reason as provided under the terms of this Agreement is 11011% mtr_ful dishonor. 24I'OS 1-OA'I LD. STALE DA'I FD. 4%TOIe PAYMEN r AND CERTI1RCM ION Of Cl IEChS. Procedures and laws applicable to post- dated, slate Ja1ed, and stop paymxnt ufchecks in connection with transactions on regular business checking accounts shall apply to checks under this Agrconcnt. You agree not to issue post-datcol checks. Yon may place a stop payment order on a check by providing its with infumtation ors the date, number. payee. and exact amount (dollars and cents of the check at any branch oniee, tit by calling or writing us 21 the fallowing aJdress: PNC Bank. Centralized Customer Assistance. 2730 Liberty Avenue. Pittsburgh, PA 15222. We will not he liable fir paying a check if your lcyucst is incomplete. incoteccl in any detail or is not provided to us in a time and manner which a(lirds us a reasonable opportunity to act upon it. We u ill not "ce(tify" a chuck on dais account. 25 ,1?I1:XbAlIN'f O!' AGItI:E;a11iN-i'. 11'c may anvatJ this Agreenicnt lion titre to time, io arty respect. by crying you ttrinam notice where required by Lou. Such mrsendnients will apply to outstay ding balances and new titans except as odurwisc indicated in the wtincO notice. If you do not agree it, he hound by the terms of any amendment. you must notify our of cur election to tcmtinatc the account pursuant to Section 20 of these 'rerms and Conditions wilhio thirty (30) days of the date we sent you our notice unite amondmem. 26. 1't H111 RI:SI'ONSIltll.l'f11:S TO t ?ti. If enure than tine poison is identilial as Borrower. each and all tit') oil arc equally- r-sprnsibte, indiwiJually and to_ctldcr. to us ftu payment in tuft ol'nlnis accotinL tf tic extend credit m )ou by potstinig any adv.ulcc to v(pur account prior log rcccit in_ written notice of )our Jcath or incapacity, such transaction shall be a valid and hinding obligation of )our estate and upon your heirs and personal rcprcscnialitcs. 27. RI:III:DIFS CU\Illl?\l'lVl:- Our remedies under this Agreement shall he cumuiative and not alternative. 21i- DELAY IN ENFORCINENT, We can delay in enforcing any of our rights under this AgrcemCtt without hosing them. An%. %vaiver h) us of any provision of dlis Agreement N ill not be a waiverof tic same or any (tier pmvisiun tot any nthcr oec-mion. 29. ASSIGNMENT. You may out assign or othertise transfer your rights and privileges under this Agrutmcul, or delegate )uur tihligatiowts h+ repay amonnLs you owe us. Any attempt by )you to assign or delegate hill he void arnl ofnev oiled. We may assign any and all of our riellti under this Agrwtrllent at am• tine without your consent. A person(s) to whom tic assign this Agreement shall be entitled io all ofour rights under this Agrucnncnt. None of your rights our obligations shall he efricied by such assignment. 30. llI P1?aC1:StI:NT OI' PRIOR ACRff\IENTS. This Agreernsnl replaces all earlier agreements and governs all balances on this account. including balances carried over onto this account from an)• prior aeeou 1. just as if it had been in cffccl before the first advance from this accoontt. -S- 65) 31. G(WI:RNI\Ci I.A%V AND CONSTRUCTION. jumsoicrtON. This Agreement has been delivered to and accepted by us and will be Jccrrted lu be made in the State a?herc tour office indicated on the first page or this Agreement is located. Regardless of the State of your residence, .ou agraz that this Agneuncnt will be imerpreted. and the rights and liabilities of the panics dclermined, in accordance with, the laws of the Stale where our off ice indicated toil the first page of this Agreement is located, excluding its conflict of laws rules. You irrevocably consent to the exclusive juiisdicti(4i orally mate or federal court located for the county or judicial district where our office indicated on the tint page of this Agreement is located. and consent that alt service of process may be satin by nationally recognized ovemight courier service directed to you at your address set forth on the lint page of this Actecitient and service so made will be deemed to be completed on the business day alter deposit with such courier. pro. ided that muting contained in this Agreement will prevent us fmm bringing any action, enforcing any award or judgtncno or cxcrcising any rights against )ou individually, against any security or against any of )our property widuht any other county. state or other litreign or %L+nit?tic jurisdictkm. You acknowledge and agree Mat Rite avenue provided in this paragraph is the mount convenient fonnn for both )ou and us. You wai?c any ubjection to venue ;told any objection based on a more eonivnirni forum in any action instituted under this Agree tent. 32. St:v17RA811.fr1'. If any provision ol'this Agrecnocat is held to he irtralid or uncnftuccable. such detcmtination shall nut affect lice validity or eedi rceabilit) of the remaining provisions of this Agreement. 33. CtiNj'kAL T'kOVlR1UNR• To the fullest ettem allowed bylaw. you and anv other person who guarantees or is otherwise liable for this acctmnt waht: any applicable statute of limitations, presentment. demand for pa)mciit, protest and notice of olklumnxr. Upto any change of this Agreement. and unless otherwise expressly stated in writing, no piny obligated on this account, directly or as a guarantor, shall be released Nino liability. We mac renew or catatd (repeatedly and for any length of tittle) this account, or release any party or guarantor or collateral: or impair. Ind to realvc upon or pcrfcta our mcudly iniertst in any collaleral. ;tits lake ally other uctW dectncd necOsiry by its without the con?etn of. or ounce fit. anyone. tfc niay modify this account without the consent or, or notice to. anyone other than the pang with whom the tnoditicwhin is made. Any notice to its which is required lov this Agreement nest be sent to us at the address set forth on lie first page orthis Agreement. -6- (Page 30 of 55) BUSINESS BANKING LINE OF CREDIT AGREEMENT ADDITIONAL SECURITY AGREEMENT TERMS (If Applicable) Dl: f l\ I I IONS. (a) "Collateral" shall include all personal property of file Borrower. including the following. all whether now owned or hereafter acquired or arising and wherever located: (i) accounts (including health-came-insurance receivables and credit card receivahlcs). (ii) securities entitlements, securities accounts, commodity accounts, counnocthy contracts and inatniem property: (iii) deposit accounts: (iv) insinunenls (including promissory notes); (v) documents (including warehouse receipts); (vt) chattel papa (including elecimnic chattel paper and tangible chattel paper.; (v ii) intrntory, including raw materials, work in process, or materials used or eansumed in lionoarr's business, items held for sale or [case or fumishcJ or to be furnished under contracts of service, sale rr Icase. goods that are returned. reclaimed ur repossessed; (w iii) gootis of every nature, including stock-inaradc. goods on consignment, standing )innber that is to be cut and reproved under a conveyance or contract fir sale. the unKirn young of animals, crops grown. growing, or to be grown, manufactured homes, computer programs embedded in such goods and farm products: (ix) equipment, including machinery. vehicles and furniture; (x) fixtures; (xi) commercial ton clai rs. if sty. identified in writing to the (lank: (xii) letter of credit rights. (viii) general intangibles. of every kind and description, including payment intangibles. sofhtarc. computer intiimiation. source axles. ubjecl codes, tenets and tits al( existing and ftnure customer lists, chose% in action. claims Iincluding claims for indemnification or breach of warranty). books. records, patents and patent applications. copyrights. trademarks. tradCnatncs, tradcstyles. trademark applications. goodwill. blpepruns. drawings. designs and plans, trade secrets. ctntracts, licenses, license agreements. liirmulac. tax and any other types of refunds. returned and unearned insurance premiums, rights and claims under insurance (xiticics; (xi%) all supporting obligation- of all oftnc fiiregoing property; (xv) at) property of the )knower now Of hereafter in the Hank's possession or in transit to or )'nom, or under the custody or control of. the Hank or any affiliate thereof. (rvi) all cash and cash equivalents thereof; and (xvii) all cash and non-cash proceeds (including hnsurance proceeds) of all of the foregoing property, all products Ilereofand all additions avid accessions Hereto. suhstitulivns tlicrcfor and rcplaccmcnts thereof. (h) "Loan Docttmclits' means this Agreement, any and all mites evidencing rive Ohligations and all related duetiments. instruments anJ aareemenis Ic) -OMieations' shall include all loans, advances, dcbtx, liabilities, obligations, covcmatns and duties owing front the Ilonuwcr to the hank or to any oilier direct or indirect subsidiary of Tle p .NC Financial Services Group, Inc., of any kind or nature, present or futotte (including any imcrest accruing thcrcon alter maturity, or after the filing of any pctitloo in bankruptcy, tit the commencement of any insolwcncy. type,-animati(in or like procccding relating its We Ilorrowcr, whether or not a claim for post-filing, or post-petition interest is allowcil in such pnictvdinc). whether direct or indirect fincluding those acquired by assignment of panicipaion). absolule Or contingent. joint or sevetal. due or to )rccoine tic. now existing or hereafter arising. whether sat niit (i) evidenced by any note, guaranty or other instrument. (ii) arising under miy agreement. instrumcttl tit document. (iii) litr the payrucnt of money. (iv) arising by reason of an extension of credit opening or a letter of credit. loatt, cgnipment tease or guarantor. (v) under any inierem or currency swap, future, option or odor interest tale protection ar similar agiermehu. (vi) under or by reason of any foreign currency transaction. forward. option or other similar transaction prov)Jing fix the purchase of one currency in etch urge fur the sate ofanodhcr currency. ar in any other planner. (vii) arising out (ifovcrdrafts on deposit or oiler accounts or out of Occtranic funds transfers (whether b) wire transfer or through automated clearing houses or othertise) or out of dre return unpaid of, or other failure of the Hank to rcceite final payment for. any check, item. instrument. payment order or odor deposit or credit to a drpttsit or other account. or out ofthe Hank's nun-receipt of or inahility to collect lunmis or oherwise not being made whole in connectiom with depositor or otli r similar arrangements: and any amendownis. extension.,, renewals and increases of or to any of the foregoing, mid all costs and expenses of the (lank incurred in the documentation. negotiation. modification. enfiircemcm. collection anti otherwise in Connection with any of the foregoing. inaudin; ica,olnablc anorncws' Iles and e'xpenscs_ (d) "UCC' means the Uniliimt Commercial Code, as adopted and enacted and as in effect from time to time in the State whose late tunwcrns pursuant to the Scuion of this Agreement entitled -fiovcming I.aw and Jurisdiction:' Tents used herein which are defined in the UCC and not otherttise defined herein shat) have live icspeetiwe meanings ascribed to such terms in die UCC. To lute event the definition of am category or type of collateral is mo ditied by any amendment, modification or revision to the UCC. such mortified definition will apply autom:dically as of the dale ol'such amendment, modification or revision. ( RAN V Of' SECURI IT INTI:RI'S L To secure the Obligations. the Ilorruwcr. as debtor, hereby assigns avid grams to the )lank, as secured pane, a eonlinuing licit oat and security inicrot in the Collateral. 3. C11ANCili IN &NAME OK LOCAL IONS. The Borrower hereby agrees that if the location of the Collateral changes from the location(s) Identified on de lint page of this Agreement air if the Iorrower changes its name, its type of organization. its state of organiiltion (if Borrower is a registered txganiration). its principal residence (if Borrower is an individual). its chief executive oll)cc (if Borrower is a general partnership or nun-re_±islcnJ organization) or establishes a name in which it may do business that is not idrntilicd tat doe first page of this A;_recmcni. the Burrower will immediately nolify the Ilank (n wiriting.of t.'e additions or changes. a. RIAIR)ESFNTATIONS AND WAKIUNTIIES. The Borrower represents. warrants and alvt'rianis to tle Bank that: (a) all inforritation. including its tape of organization. jurisdiction of organisation. chief cm-cutive office. and (for individuals only) principal residence are as set furth till tit: lint page: ofthis Agievillenl and arc true and C011 M tin the date herinif', M tle llurruwer has good, niAvlabic and indefeasible title to the Collateral. has nol Made any prior sale. pledge, encutnhrance. assigmtle'nt or otter disposition of tiny offhe Collateral, and the Collateral is lice from all cocumhrai es and rights of setoff of any kind except the lieu in favor of the Ilank created by this Agreement: (c) except as herein provided, tie lh-rnnta u ill not heYcafler without the Bank's prior written consent sell. pkdgc, cucumber, assign or otherwise d6pusc of any of the Collateral or pemlii any right ofsctoff, lien or security inhxtYt to exist tercon except to the Halle: (d) the Iorrower will defend the Collateral against all claims avid danands of all persons at may time claiming the same or any interest therein; (c) each accu um and general intangible. if included in the definition of Collateral, is genuine anJ enlbrccahle in accordance with its semis and the Borrower will defend the same against all Claims. demands. setolfs aid coienterclAur at any time asserted; and (1) at the time any account or genera) imangihhc becomes subject its this Agrccnneni. such account or general inlangible will he a good mid valid account representing a Ixdta fade sale of goods or scr'iccs by the -7- 32 Bormuer and such goods sill have been shipped to the respective account debtors or the services twill have been performed for the respective account dcbhirs, and no such account (,r zcncnl intangible will he subject to any claim for credit. allottance or adjustment by any account debtor or an) sctotl, defense or counterclaim. llORR0l1'I:R'S COVEN:\` fS. the Horrowcr covenants that it shall: (a) from time to time turd at all rcuon2ble times allow the Flank. by or through any of its ollicefs. 22-ents, attorneys, or acc iunt•mu. it, examine or inspect the Cultaacrrl, m+tify account debtors of Ilia Ill one's security interest in acawnts and obtain valuations and audits of the Collateral, at the Harrowers ex(acasc. uherevcr located. The l)orrouer shall do. obtain, snake, cccutc and deliver all such additional and funkier acts, things. deeds, assurances and instruments as rife (lank may require 10 nest ha and assure to the hank its rights hereunder and in or to the Collatcral. and the proceeds thereof. including waivers from landlords, warehousemen and nwngagees. floc Unrtourr agues that the Bank has the right to notify (on invoices or otheruisc) account debtors aril other obligors or payors on any Collateral *fits assignment to the (rank, and thus all payments thereon should be made directly to the (rank, and shit the hank has full potter and authority to collect. compromise. endorse. sell or ahcnsisc deal wish lire Collateral in its oun name or that of file Doilotser at may time upon an E•?'t'nt of Default. (h) ktcP the Collateral in good onler and repair at all rimes and immediately notify the n frak of any owns Causing a material lox: or decline in value of due Cullarcrit. whether or nail em card by insurance, and Ili ansoum of such loss or dcptt'ciation; (c) only use or permit the Collateral In he used regulations: and in accordance with all applicable federal, state. county and municipal laws and (d) lime mid maintain insurance at 211 times with respect In an Collateral against risks of fire (including so-called extended coycragc). thcfi. sprinkler leakage, and other risks (including risk offload if any Collateral is maintained at a location in a flood harard woe) as the Bank may require, in such ftmn. in such amount. for such period slid ttrillen by such companies as may he satisfactory to the hank in its stile disctctinn. Fich such casualty insurance policy shall contain a standard Lenders Loss Payabie Clause issued in (m or of the 113nk under which all losses thereunder shall be paid to the Bank as the flank's interest may appear. Such policies shall cJpressly provide filar the requisite insurance canton he altered or canceled without at least thiny (JO) days prior %uriucn notice to the Bank and shall insure the frank nutaithstanding the act or neglect of the Ilotroua. Upon the Bank's demand. the IlonowCr shall furnish the Bank with duplicate original policies of insuranct or such other evidence of insurance as the flank may acquire. In the eycnl of failure to provide insurance as herein provided. dac Bank may, at its option. obtain such insurancc and the Borrower shall pay to the Bank, on demand. the cant thereof. I'ruca'ds of insurance nay be applied by the Barak to reduce the Obligations or to repair or rcp13CC Collateral. 211 in the Bank's sole discretion. h- NEGATIVE PLEDGE: NO TRANSFER. Pie Bonower will not sell or offer to sell tin ollletuise transfer air grant or allow- the imposition of a lien or seetirRy interest upon the CUpatcral (except for sales of inventory and collccrions of accounN in the Roirrowces ordinary e011hC of buglers) Or use any iWniDn thereof in any manner inconsistent wilt this Agreement ar with the terms and conditions of any policy ail' insuranCC 111CRX1n. COV 12NANTS FOR ACCOUN-I :S. Tf accounts are included in the delinition of Coaateral: (a) The Itorn»tcr will, on the flank's demand, make notations on its basks and records showing the Bank's security interest and make atailable it, the Ilank shipping and delivery recciPts evidencing the shipment of the goat that gave rise io an account. completion ccn"icates or other Praaf of the satislhclon• perftirta?anee of scryices 11,31 gave rise to an account. a copy of the invoice for each account and copies of ally uriucn contract or order front which an account anise. The horraittef shall promptly notil? the Brink if an account becomes evidenced or securcJ by an instrument or chattel paper and upon die Rank's rcqu". will promptly deliver any such instrument or thanel paper to file flank. including any letter of ercdit delivered to di Bornnacr to support a shipment of inventory by the ilnrtowet. (h) 'I lie Boaowcr will promptly advise the Batik whenever am acctint delntor refuses to retain or returns any goods from lite sale of ullich an account arose and will comply with any instructions that doe flank may give regarding the sale or other disposilionl ofsuch returns. From time to tittle with such frnluencc as the hank may request. die Ilorrower will report it) the Bank all credits given to account debtors nn all accounts. lc) 1'he Bonowcr will inmtedimch notify the flask if any account arises our of contracts with the United Slates or any department. agency or in:tnnntentality thereof, and sill execute any insirunicne; and take any steps required by the hank so that all monies date and to become due under such contract shall he assigned to the Bank and notice of the assignment given to and acknouledged by the appropriate government agency or autMxily unakr the Federal Assignment of Claims Act. (d) At any time after the occurrence of an Event of Default, and without notice to the Borrouer. the flank may direct any Persons who are indLicud to the flom.wCr on any Collateral crmshiling ofaccounts or general intangibles to make payment directly to the )lank of the arnamts date. 'the Bank is mthoriecd to give receipts to such aecwmt debtors for any such payments and the account debtors will be prouctcd in making such pa)mcnts to life flank. Upon the Mute's uriucn request. the llorrowef will establish with the hank and maintain a lockhd?v accto?mt ("f ockbox') with the !lank and a depositor' account(s) ("Cash Collateral Account") with the flank subject to the prtn•isions of this subparagraph and such Mhev related agretimerits as the flank may require. and the borrower shall notify its account debtors so remit ply ments dircclly to the Locl.hox. 11nercaller. funds collected in the Lockbox shall be IransferreJ to the Cash Collateral Acrnuft and funds in the Cash Collateral Account %li3ll fee applied by the Bank, daily. to reduce the outstanding Obligations. 8. FURTI HER ASSURANCi S. The Ilorrosser hereby irrevocably authorial the flank to execute (on behalf of the Borrower) and file against die llorrotver one or more financing, continuation or amendment statements pursuant to the UCC in form satisfactory to the Bank, and the flurrower will pay the cost of preparing and filing the same in all jurisdictions in which suck filing is deemed by the Bank to be necessary or desirable in voUcr to perfect. presene and protect its securil interests. If required by the !lank. ft Borrower still execute all documcntatfon necessary for line Rank it, obtain and maintain perfection of its security imevests in uhe Collateral. If ara collateral consists of letter of credit -8- rights, electronic Chanel paper. deposit accounts or supporting obligations not maintained %%ith the [lank or one of its affiliates, or any securilics entitlcmcul. securities account, comm?+ditics account, centmodities contract or outer invcslinem property. then at the [tank's request the B rirnrv%cr will csccutc, and %sill cansc the depositor' iastiluliun or securities intermediary upon uhosc books and records the ownership interest of the Hemmer in ,ueh Collateral •appcars. to csccutc such I'ledge Agreements. Notir"lion and Control Aymcioenks or other agreements as the Bank deems necessity in order to pcrfcct. prioritize and protect its security interest in such Collateral, in each caw in a form satisractor• to the Flank. 9. EVENTS Of INTAUVE •Ihc Borrowcr shall, at the Bank's option. be in default under this rlgreemcni upon the happening of any of the following events or conditions (each, an -E% er of IN Fault-): (a) any Event of ikfault (as defined in any ofthe Obligations). (b) arty default under any of the Obligations that does nor have a defunct set or-Evenis of imaull" and the lapse of any notice or cure period provided in such Obligations +thil respect to such defauh; (c) dernatd by the Bank under any of the Obligations that have a demand feature. (d) the failure by the Borrower to perfisrm any of its abfigations under this Agreement: (c) falsity, inaccuracy or material breach by doe Borrawrr of any written warranty, representation tin statement made or furnished to the Blank by or on behalf of the Bortoucr, (f) an uninsured material loss. thch, damaw. or destruction to any of the Collateral, or the cntry of any judgment against the Borrower or any lien against or the main= of any levy, seizure or attachment ofor on the Collateral; (g) Ilk: Failure of Ihc Bank to have a perfected First priority security interest in the Collateral; (h) any indication or c%idctncc received by the flank that the Borrowrr may have directly or indirectly been engaged in any Type of activity which, in the Bank's discretion, might result in the firMiurc of aura pnrpeny of tlic BonrolwY to any go-wMincntal emit), federal, state or local: or Of if the flank oilicrsisc deerns itself insecure. 10. REMEDIES. Upon the occurrence of any such Iivcnt of Mrault and at any Time thereafter, the Bank may declare all Obligations secured hcrcl+y immediately due and payable and shall have. in addition to any remedies provided herein or by any applicable law at in equity, all the icnscdies of a secured part) under the UCC. 'llic llank's remedies include, butt are not limited to. llte right to (a) peaceably by its own means or with judicial assistance enter The Borro%wes premises and take possession of the Counicizl without prior notice sit the Borrower or the opponunity li+r a heating, (It) render the Collawral unusable. (c) disperse of Ihc collateral on th. Burronces premises, (d) require the Borrower to assemble the Collateral and make it available to file Flank at a place designated by the [lank, and (e) notify the United States Postal Service to send the Ilorruwer's mail h+ llte lank. (Unless the Collateral is perishable or threatens to decline speedily in value or is or a I )pc customarily sold nn a recognized market. The [tank will give the Iloaower reasonable notice of the time and place of any public sale thereof or of the time after which am private sale or any other intended disposition thereof is to he nude. 'rite requircirnents of cntmerciall reaanablc notice shall he met if such notice is sent to the Borto+seti at IrasT ten (10) days befitre Ihc time of tfte intcrtded sae or dispx+sitiort. INIwnscs of retaking, holding. preparing for sale, selling or the like shalt include the Bank's reasonable auonsc)'s fees and legal c+ipcnscs, incurred or cxlwnded by the Hank to enforce any pay mein disc it under this Agreement either as against the Borrower. or in the prosecution or defense orally action, or concerning an) niauer growing out of or correction with lite subject rnatlcr of this Agreement and the Collateral pledged hereunder. 'Ilse Boiro%wr waives all relief ilrom all nppraiscment or c\cniption laws now ill Force or hereafter enacCd_ I L AUTI IORIZA11ONS. In addition hl any aullurizations contained clsewhercin finis rlgrcenncnt. the Borroucr don's herchy irrevocably authorize any officer or agent of the Hank to: (a) cnthrse the name of rite Bomtucr or any of the Borrouces officers or amnli upon any notes. checks, drafts. numcy orders. err other instruments ofpayntent or Collateral that may came into the flank's possession in full or pan paynlcm of any Obligations; (h) suc fur. compromise, settle and release all claims and dispules with respect to, the Collateral: and (c) sign, for the Bornluer. ninancing, co ininuation or amendment statements pursuant u+ the UCC, or supplcntcttal inteftectual property security agretiK tents; authorizing doe Bank and its ollicers and ace, to der any and all things necessary to be done in and about the rimrid cs as WIN and cftectually as the Bottuwer mi_ it or could der. 1-tic 11mromm hereby ratifies all that rite Flank. its ulTiccm and agents shall laufodfy du or cause to he done by virtue hereof. 12. PAl'AII:Nf Of IiSI'I:\SiiS. At it: option. fine flank may discharge laves. liens, security interests or such tither encumbrances m may attach to the Collateral. ma) pay for required insurance oil the Collateral and may pay for the maintenance. appraisal or reappraisal, and prescration of tlic Collateral. as dcncnnincd liv the Bank to lie necouary. 'the Ilorruwcr u ill reimburse the Ilmik on demand lit any payment lei inadc or am c%pettsc incurred by the hank puree ant to the Yarcaning mnhnrfzanion. and the Collateral also %till secure any advances or payments w rnade or r\pcnscs .a incurred by line flank. 13. NOTICES. All notices, deniands, requests, consents, approvals and other communications required or permitted hereunder (' .Notice.-) trust he in writing and will be elrective upon receipt. Nolic s ma) be given in any nrvuner to which file parties may separatcl asset, including electronic mail. Without limiting the foregoing, first-class mail, facsimile Transmission and eonumicrcial courier service arc hereby a_rerd u+ as acccptaHc methods tin 0% big Notices. Re-gardless ofthc manticr in uhich provided. Notices may be sent to a party's addre s as set finch on the first page of this Agreement or to such other address as any pang may give to the other for such purpose in accordance with this section. -%"C!;rl .CLK' 11UNIIANK Cll0JCI' J11NlC 70101 tine of Crdit AEreenen+-P.\-b7.30-0Ld,.e -9- 3 fly -rr -j .-! -- C:) C-7 l 17 L31 ~+ 00 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PNC BANK, NATIONAL ASSOCIATION, CIVIL DIVISION Plaintiff, NO. 6 j-,S'9y9 Civil -rex" vs. RAND M. ROCKEY DBA RAND ROCKEY PAINTING, Defendant. AFFIDAVIT OF NON-MILITARY SERVICE Filed on behalf of Plaintiff, PNC Bank, National Association 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 N IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PNC BANK, NATIONAL ASSOCIATION, Plaintiff, vs. RAND M. ROCKEY DBA RAND ROCKEY PAINTING, Defendant. CIVIL DIVISION NO. AFFIDAVIT OF NON-MILITARY SERVICE COMMONWEALTH OF PENNSYLVANIA COUNTY OF ALLEGHENY SS. I, Darnella Ganaway, 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. Sworn and subscribed before a this -Z2?01`iay of _ sue.- , 20 .7 Notal'V-F5-ublic My commission expires: N?NEA??H OF FENiVSYLVaNiA Notanal Sea! Angela M. Vicario, Notary WuDlic NlcKees Roms Born Allegheny OuntY My Commission Exp APr. 8 Vnmbe . "ennsywania Assodatinn oS Notaries BA N K_ F I N :307325-1 999999-999999 N o C? C _ ? 11 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PNC BANK, NATIONAL ASSOCIATION, Plaintiff, CIVIL DIVISION NO. 07-S9jy7 Civl [ ?erM vs. RAND M. ROCKEY DBA RAND ROCKEY PAINTING, Defendant. CERTIFICATE OF RESIDENCE I hereby certify that the precise address of Plaintiff is: Fifth Avenue and Wood Street Pittsburgh, Pennsylvania 15222 and that the last known address of Defendant is: 423 W. Main Street Mechanicsburg, PA 17055 By: Donna M. Donaher, Esquire Attorney for PNC Bank, National Association C3 iv ? Q N it --- f o'y- j W7 eivil-Term r $ 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. N -V Donna M. Donaher, Esquire Attorney for PNC Bank, National Association Sworn to and subscribed befo a me this ;Z1 day of b , 2007 Notary Public COMMONWEALTH OF PENNSYLVANIA Notarial Seal Melissa Szalkay, Notary Public BANK_FIN:307292-1 999999-999999 City Of Pittsburgh, Allegheny County My Commission Expires Oct 31,20W Member, Pennsylvania Association of Notaries C) C- Q --i 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: PENNSYLVANIA 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 (see text of Rule 440 reprinted below). (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. I ? (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. Rule 440. Service of Legal Papers other than Original Process (a) (1) Copies of all legal papers other than original process filed in an action or served upon any party to an action shall be served upon every other party to the action. Service shall be made (i) by handing or mailing a copy to or leaving a copy for each party at the address of the party's attorney of record endorsed on an appearance or prior pleading of the party, or at such other address as a party may agree, or Note: Such other address as a party may agree might include a mailbox in the Prothonotary's office or an e-mail address. For electronic service by means other than facsimile transmission, see Rule 205.4(g). (ii) by transmitting a copy by facsimile to the party's attorney of record as provided by subdivision (d). (2) (i) If there is no attorney of record, service shall be made by handing a copy to the party or by mailing a copy to or leaving a copy for the party at the address endorsed on an appearance or prior pleading or the residence or place of business of the party, or by transmitting a copy by facsimile as provided by subdivision (d). (ii) If such service cannot be made, service shall be made by leaving a copy at or mailing a copy to the last known address of the party to be served. Note: This rule applies to the service upon a party of all legal papers other than original process and includes, but is not limited to, all other pleadings as well as motions, petitions, answers thereto, rules, notices, interrogatories and answers thereto. Original process is served under Rule 400 et seq. (b) Service by mail of legal papers other than original process is complete upon mailing. (c) If service of legal papers other than original process is to be made by the sheriff, he shall notify by ordinary mail the party requesting service to be made that service has or has not been made upon a named party or person. BA N K_F I N : 307292-1 999999-999999 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PNC BANK, NATIONAL ASSOCIATION, Plaintiff, vs. RAND M. ROCKEY DBA RAND ROCKEY PAINTING, Defendant. hereby certify that the facts set forth in the foregoing Complaint in Confession of Judgment are true and correct to the best of my knowledge, information and belief; that the Exhibits attached to the Complaint in Confession of Judgment are true and correct copies of the originals; and that the Borrower is in default under the Notes (as those are defined in the Complaint); that the underlying transactions giving rise to this action are commercial in nature and are not consumer credit transactions against a natural person; and that I am authorized to make this Affidavit. I, Darnella Ganaway, Attorney Relations Manager, PNC Bank, National Association, PNC Bapk National Association By: Sworn to and subscribed before met ' day of vnc ha-r , 2007. CIVIL DIVISION NO. Qq _ 5-94/7 CiV-1 -re1 Wt AFFIDAVIT Attorney Relations Manager COMMONW ALrH OF PENNSYLVANIA C tit Notarial Seal Angela M. Vicario, Notary Public NO ry Public WKees Rocks Boro, Allegheny County My Commission Expires Apr. 8, 2010 My COmmISSIOn expires: Member, Pennsylvania Association of Notaries BANK FIN:307326-1 999999-999999 c? -r - t 7i .a C 3 -? L J _ v oZ- Civil (arm VERIFICATION The undersigned, Darnella Ganaway, hereby verifies the statements of fact contained in the attached Complaint in Confession of Judgment to be true 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 unsworn falsification to authorities. Date: Q ` z b By: uarnew.Tuanaway Attorney Relations Manager C ° ? Fi o ? I :???3 - _ --°i r a -? _ ? _?- a ?'i?5 ? r»?C) . ( ? y .. v ?-G IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PNC BANK, NATIONAL ASSOCIATION, Plaintiff, CIVIL DIVISION NO. 07_ Give t lerr^ vs. RAND M. ROCKEY DBA RAND ROCKEY PAINTING, Defendant. TO: Rand M. Rockey DBA Rand Rockey Painting 423 W. Main Street Mechanicsburg, PA 17055 NOTICE OF ENTRY OF JUDGMENT Please take notice that on CtbbQ.#- 10 , 2007 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 $57,604.63, plus costs. rothonotary, Cumberlan ounty SHERIFF'S RETURN - NOT FOUND CASE NO: 2007-05947 P COMMONTWEALTF; OF PENNSYLVANIA COUNTY OF CUMBERLAND PNC BANK NATIONAL ASSOCIATION VS ROCKEY RAND M DBA RAND ROCKEY R. Thomas Kline Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT ROCKEY RAND M DBA RAND ROCKEY PAINTING but was unable to locate Him in his bailiwick. He therefore returns the NOTICE the within named DEFENDANT PAINTING 423 W MAIN ST NOT FOUND , as to ROCKEY RAND M DBA RAND ROCKEY MECHANICSBURG, PA 17055 GIVEN ADDRESS IS VACANT. Sheriff's Costs: Docketing 18.00 Service 9.60 Not Found 5.00 Surcharge 10.00 00 , /a?i 4?D7 4 So answers: r? / y R. Thomas Kline Sheriff of Cumberland County TUCKER ARENSBERG 12/14/2007 Sworn and Subscribed to before me this day of A. D. or 1 i 1 ? r TUCKER ARENSBERG Attorneys IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PNC BANK, NATIONAL ASSOCIATION, Plaintiff, CIVIL DIVISION NO. 07-5947 Civil Term vs. RAND M. ROCKEY DBA RAND ROCKEY PAINTING, Defendant. Notice Under Rule 2958.1 of Judgment and Execution Thereon Notice of Defendant's Rights TO: Rand M. Rockey DBA Rand Rockey Painting 423 W. Main Street Mechanicsburg, PA 17055 A judgment in the amount of $57,604.63 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 Tucker Arensberg, P.C. 1500 One PPG Place Pittsburgh, PA 15222 p. 412.566.1212 f. 412.594.5619 www.tuckerlaw.com 111 N. Front Street P.O. Box 889 Harrisburg, PA 17108 p. 717.234.4121 f. 717232.6802 TUCKER ARENSBERG Attorneys AND PRESENT IT TO A JUDGE WITHIN THIRTY (30) DAYS AFTER THE DATE ON WHICH THIS NOTICE IS SERVED ON YOU OR YOU MAY LOSE YOUR RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER 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 Lawyer Referral Service Court Administrator Cumberland County Courthouse Carlisle, PA 17013 (717) 240-6200 Donna M. Donaher, Esquire Tucker Arensberg, P.C. 1500 One PPG Place Pittsburgh, PA 15222 (412) 566-1212 Attorney for Plaintiff BANK FIN:310422-1 000011-133541 ?v i1 l? ? i IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PNC BANK, NATIONAL ASSOCIATION, CIVIL DIVISION Plaintiff, NO. 07-5947 vs. RAND M. ROCKEY DBA RAND ROCKEY PAINTING, Defendant. MOTION FOR SPECIAL SERVICE ORDER Filed on behalf of Plaintiff, PNC Bank, National Association 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, CIVIL DIVISION NO. 07-5947 vs. RAND M. ROCKEY DBA RAND ROCKEY PAINTING, Defendant. MOTION FOR SPECIAL SERVICE ORDER AND NOW, comes the Plaintiff, by and through its counsel, Donna M. Donaher, Esquire, and moves this Court for a Special Order, pursuant to Pa. R.C.P. No. 430, stating as follows: 1. Plaintiff filed its Complaint in Confession on October 10, 2007. 2. On October 23, 2007, PNC Bank did attempt to serve the Defendant with a Notice Under Rule 2958.1 by certified mail at the Defendant's last known address of 423 West Main Street, Mechanicsburg, PA 17055. The Notice was returned marked "unclaimed". See returned envelope attached hereto as Exhibit "A". 3. The undersigned attempted service of the Notice Under Rule 2958.1 through the Sheriff of Cumberland County. The Sheriffs Return stated that they were unable to locate the Defendant. A true and correct copy of the Sheriffs Return is attached hereto as Exhibit "B". 4. The Plaintiff has made a good-faith effort to locate the Defendant as demonstrated by the following actions: (a) direct call on the Defendant at the last known telephone number and property address, (b) inquiries to the United States Postal authorities pursuant to the Freedom of Information Act, 39 C.F.R., Part 265, (c) inquiries of known relatives, neighbors, friends and employers of Defendant, (d) pulled an Accurint person search for the Defendant. See Exhibit "C" with Social Security numbers deleted. 5. Plaintiff has affixed hereto its affidavit in support of paragraph 4. 6. Plaintiff, through its efforts, specifically its inquiry to the U.S. Postal Authorities has verified that the following is the address of Defendant: 423 West Main Street, Mechanicsburg, PA 17055. A true and correct copy of the inquiry to the U.S. Postal Authorities is attached hereto, incorporated herein and labeled Exhibit "D". 7. It is further noted that the undersigned attorney has acquired a property report for the real estate known ad 423 West Main Street, Mechanicsburg, PA 17055. WHEREFORE, Plaintiff moves this Honorable Court for a Special Service Order permitting service of the Notice Under Rule 2958.1 upon the Defendant by certified mail, return receipt requested and ordinary mail, to the Defendant, completion of either one to be deemed as effecting service, at the following address: 423 West Main Street, Mechanicsburg, PA 17055. PNC BANK, NATIONAL ASSOCIATION By Donna M. Donaher, Esquire Attorney for PNC Bank, National Association R?ARENSBERG Attorneys G Place Pittsburgh, PA 15222 7007 0710 0004 1045 4754 _•? , Rand M. Rockey ~?_J DBA Rand Rockey Painting ti V? 423 W. Main Street tb°fcchanic N%,XIM 171 CE 1 25 11/is/o7 RETURN TO SENDER UNCLAIMED UNABLE TO FORWARD E3G : I S222S 40701 2B',3s^- 0332$-23- 42 JAM-42 II„II,IIIM I,IIJII,II,III,I„1„)11,,,!,,,11!„??„lI,,,If1 I li r'r' ' S RETUxN - NUT ?IU. NJ , CASE NO: 2007-05947 P gOMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND PNC BANK NATIONAL ASSOCIATION VS ROCKEY RAND M DBA RAND ROCKEY R. Thomas Kline Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT ROCKEY RAND M DBA RAND ROCKEY PAINTING but as unable to locate Him in his bailiwick. He therefore returns th NOTICE the within named DEFENDANT PAINTING 423 W MAIN ST MECHANICSBURG, PA 17055 NOT FOUND , as to ROCKEY RAND M DBA RAND ROCKEY GIVEN ADDRESS IS VACANT. Sheriffs Costs: So answers: Docketing 18.00 - .?,. Service 9.60 Not Found 5.00 R. Thomas Kline Surcharge 10.00 Sheriff of Cumberland County .00 42.60 TUCKER ARENSBERG 12/14/2007 , Sworn and Subscribed to before me this day of , A.D. EXHIBIT . b.( Yerson search. Page' of 2417 Search and Technical Assistance 1-300-543.6862 Main (Ui?ntt My AggoS+Stt I Print I isQn1a.sAVs i Log Quit r,, I Last Name First Name Middle Name SSN ROCKEY RAND I Street. Address City State Z'i'p' County Radius P'ho'n-eDOB ?Agg"e"'R"'a" ngeF- r- Search for other possible name spellings r include Bankruptcies (Click For Prices) Output Type: r Formatted HTML (- Cut and Paste / Printer Friendly Text (No Reports) important: The Public Records and commercially available data sources used in this system have errors. Data is sometimes entered poorly, processed incorrectly and is generally not free from defect. This system should not be relied upon as definitively accurate- Before relying on any data this system supplies. it should be independently verified. For Secretary of State documents. the foiiowing data is for information purposes only and is not an official record. Certified copies may be obtained from that individual siate's Department of State Search completed SEARCH: Last Name: ROCKEY First Name: RAND SSN~ Edit-scorch I NNgy4.SRarch i All Full Name SSN Address Phone It4orm HZion 9 1 ® b RAND M ROCKE 423 W MAIN ST 717-691-0992 0 IN DOB: 02/25/1950 (5 MECHANICSBURG PA 17055-3242 Apr 91 - Jul 08 Purchase We Also Found: Property Records R esults (L FEM RAND M ROCKEY PO BOX 1264 -[] DOB: 02!25/1950 0 ((5 8) ME MECHANICSBURG PA 17055-1264 Jun 00 - Jun 02 ( . co RAND M ROCKE? 416 W SIMPSON 717-691-0992 co DOB: 02/25/1950 (58 MEXICO O PA PA 17056-3762 o (b fol dn RAND M ROCKEY ? Feb 86 - Oct 00 830 BOSLER AVE q ?{ ) ?dS'v LEMOYNE PA 17043-1820 Oct 84 - Apr 86 /?f7 ( ® RAND M ROCKEY 403 W MAIN ST 691-0992 j? `iJ cow DOB: 0 2/2 511 9 5 0 (58) MECHANICSBURG PA 17055-3242 1 Ta 1'al g? M- `4J c® i %6-D 21* 'b ' RAND M ROCKEY DOB: 02/2511950 (58) RAND M ROCKEYq61ft 5215 WOODLAWN DR 691-0992 HARRISBURG PA 17109-5545 334 OLD STONEHOUSE RD QUAKERTOWN PA 18951 i Records: 1 to 7 of 7 SEARCH: Last Name: ROCKEY First Name: RAND SSN: 214583845 Your DPPA Permissible Use: Civil, Criminal, Administrative or Arbitral Proceedings Your GLBA Permissible Use: Persons Holding a Legal or Beneficial Interest Relating to the Consumer EXHIBIT https ://secure.accurint ,. C' Reference Code: 11-133541 Records: 1 to 7 of 7 Edit Search I New Search 7/21/2008 f, j TtjcKER?ARENSBERG Attorneys August 21, 2008 Postmaster Mechanicsburg, FA 17055 Donna M. Donaher 412.594.5533 ddonaher@tuckerlaw.com Request for Change of Address Information Needed for Service of Legal Process Please furnish the new address or the name and street address for the following: Name: Rand Rockey Address: 423 W. Main Street, Mechanicsburg, PA 17055 NOTE: The name and last known address are required for change of address information. The fee for providing change of address information is waived in accordance with 39 CFR 265.6(d)(1) and (2) and corresponding Administrative Support Manual 352.44a and b. Capacity of requester (e.g., process server, attorney, party representing himself): Attorney `? Statute or regulation that empowers me to serve process (not required when requester is an attorney or a party acting pro se - except a corporation acting pro se must cite statute): Not apr;hc?ble. 3. The names of all known parties to the litigation: PNC Bank, National Association vs. Rand M. Rockey d/b/a Rand Rockey Painting. 4. The court in which the case has been or will be heard: Court of Common Pleas of Cumberland County, Pennsylvania. 5. The docket or other identifying number if one has been issued: 07-5947. 6. The capacity in which this individual is to be served (e.g., defendant or witness): Defendant. WARNING The submission of false information either to obtain and use change of address information for any-purpose other than the service of legal process in connection with actual or prospective litigatibn could result in criminal penalties including a fine of up to $10,000 or imprisonment of no more than five years, or both (Title 18 U.S.C. Section 1001). EXHIBIT Tucker Arensberg, P.G. 1500 One PPG Place 566.1212 f. 412.594.5619 www.tuckerlaw.com 111 N. Front Street P.O. Box . 717.234.4121 f. 717.232.6802 ucKE ' NSBERG Attorneys Postmaster of Mechanicsburg 1'age-2- August 21, 2008 I certify that the above information is true and that the address information is needed and will be used solely for sewice of legal process in connection with actual or prospective litigation. 1500 One PPG Place rv-Cx--J CmC . Signature Address Donna Donaher, Esquire Pittsburgh, Pa. 15222 FOR POST OFFICE USE ONLY Printed Name City, State, Zip No change of address order on file Not known at address given. _ Moved, left no forwarding address. No such address. BANK_FI N:3330 71-1 000011-133541 NEW ADDRESS NAME & STREET ADDRESS .URG P4 I r: e Tucker Arensberg, P.C. 1500 One PPG Place Pittsburgh, PA 15222 p. 412.566.1212 f. 412.594.5619 www.tucke.rfaw.com 111 N. Front Street P.O. Box 889 Harrisburg, PA 17108 p. 717.234.4121 f. 717.232.6802 COMMONWEALTH OF ) SS: COUNTY OF ) Before me, the undersigned Notary Public, did appear Donna M. Donaher, Esquire, Attorney for PNC Bank, National Association, who being sworn according to law, say and deposes the following: That PNC Bank, National Association; (1) attempted service through the Sheriff of Cumberland County, (2) attempted service by certified mail, (3) attempted direct calls upon the defendant at the last known residential property address, (4) made inquiries to the U.S. Postal Service for information concerning the forwarding address of the defendant, (5) examined people search from Accurint and, (5) examined local telephone directories and motor vehicle records, and (6) that PNC Bank, National Association, through its efforts, has obtained the following address of Defendant: 423 West Main Street, Mechanicsburg, PA 17055. Donna M. Donaher, Esquire Attorney for PNC Bank, National Association SWORN to and subscribed befor me this day ofy ry , 2008. (1f 1Q, at?c? Nota Ic My commission expires: BANK_FI N:339540-1 000011-133541 COMMONWEALTH OF PENNSYLVANIA Notarial seal Melissa say, Notary Public [CkyCnmission EExpires Oheny ct. 311,, ?9 Member, PennsyivanW ast.nniation of Notaries • ' L IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PNC BANK, NATIONAL ASSOCIATION, Plaintiff, CIVIL DIVISION NO. 07-5947 vs. RAND M. ROCKEY DBA RAND ROCKEY PAINTING, Defendant. CERTIFICATE OF SERVICE The undersigned hereby certifies that a true and correct copy of the within Motion for Special Service was served on the Defendant on the 18th day of November, 2008, U.S. mail, postage prepaid, first class, at the following address: 423 West Main Street Mechanicsburg, PA 17055 Donna M. Donaher, Esquire f? c--5 Al:n , f Tl I IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PNC BANK, NATIONAL ASSOCIATION, CIVIL DIVISION Plaintiff, NO. 07-5947 vs. RAND M. ROCKEY DBA RAND ROCKEY PAINTING, Defendant. MOTION FOR SPECIAL SERVICE ORDER Filed on behalf of Plaintiff, PNC Bank, National Association 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, CIVIL DIVISION NO. 07-5947 vs. RAND M. ROCKEY DBA RAND ROCKEY PAINTING, Defendant MOTION FOR SPECIAL SERVICE ORDER AND NOW, comes the Plaintiff, by and through its counsel, Donna M. Donaher, Esquire, and moves this Court for a Special Order, pursuant to Pa. R.C.P. No. 430, stating as follows: 1. Plaintiff filed its Complaint in Confession on October 10, 2007. 2. On October 23, 2007, PNC Bank did attempt to serve the Defendant with a Notice Under Rule 2958.1 by certified mail at the Defendant's last known address of 423 West Main Street, Mechanicsburg, PA 17055. The Notice was returned marked "unclaimed". See returned envelope attached hereto as Exhibit "A". 3. The undersigned attempted service of the Notice Under Rule 2958.1 through the Sheriff of Cumberland County. The Sheriffs Return stated that they were unable to locate the Defendant. A true and correct copy of the Sheriffs Return is attached hereto as Exhibit "B". 4. The Plaintiff has made a good-faith effort to locate the Defendant as demonstrated by the following actions: (a) direct call on the Defendant at the last known telephone number and property address, (b) inquiries to the United States Postal authorities pursuant to the Freedom of Information Act, 39 C.F.R., Part 265, (c) inquiries of known relatives, neighbors, friends and employers of Defendant, (d) pulled an Accurint person search for the Defendant. See Exhibit "C" with Social Security numbers deleted. 5. Plaintiff has affixed hereto its affidavit in support of paragraph 4. 6. Plaintiff, through its efforts, specifically its inquiry to the U.S. Postal Authorities has verified that the following is the address of Defendant: 423 West Main Street, Mechanicsburg, PA 17055. A true and correct copy of the inquiry to the U.S. Postal Authorities is attached hereto, incorporated herein and labeled Exhibit "D". 7. It is further noted that the undersigned attorney has acquired a property report for the real estate known as 423 West Main Street, Mechanicsburg, PA 17055 and the property remains titled in the name of the Defendant. A copy of the report is attached hereto as Exhibit "E". 8. No Judge has previously made any rulings in this case or a related case. 9. To the best of the knowledge of the undersigned attorney, the Defendant is not represented by counsel. As such, concurrence has not been sought from such an attorney and the undersigned from such an attorney and the undersigned attorney has been unable to reach the Defendant. WHEREFORE, Plaintiff moves this Honorable Court for a Special Service Order permitting service of the Notice Under Rule 2958.1 upon the Defendant by certified mail, return receipt requested and ordinary mail, to the Defendant, completion of either one to be deemed as effecting service, at the following address: 423 West Main Street, Mechanicsburg, PA 17055. PNC BANK, NATIONAL ASSOCIATION Donna M. Donaher, Esquire Attorney for PNC Bank, National Association r. isprpE,V 3 "lace ?iiisburcn, PA. 1.5222 Rand M. Rockey DBA Rand Rockey Painting 423 W. Main Street rviccl panic C -1 71. CS :±. 11,/ i sJ 07 ................................ SE:NDER Fa,..'J' 1.?F2 UNCLAMMED UNAMLE TO FORWARD SIi1??911?lIFIIIS. ?"Fii?1111f}Ilil??IFi?ii7?l?39lF191?333 ?+1 #1 01 CASE-NO:. 2007-05947 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND PNC BANK NATIONAL ASSOCIATION VS ROCKEY RAND M DBA RAND ROCKEY l? R."Thomas Kline Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and/ inquiry for the within named DEFENDANT ' ROCKEY RAND M DBA RAND ROCKEY PAINTING but as unable to locate Him in his bailiwick. He therefore returns th , NOTICE , NOT FOUND , as to the within named DEFENDANT ROCKEY RAND M DBA RAND ROCKEY PAINTING 423 W MAIN ST MECHANICSBURG, PA 17055 GIVEN ADDRESS IS VACANT. Sheriff's Costs: Docketing Service Not Found Surcharge So answers: 18.00 9.60 5.00 R. Thomas Kline 10.00 Sheriff of Cumberland County nn 42.60 TUCKER ARENSBERG 12/14/2007 , 10 Sworn and Subscribed to before, me this day of A. D. 24/7 Search and Technical Assistance 1-800-543-6862 Main VI.e..nu. I MY. _Account ? Print I Contact Us I Log 00 runs.'.. ? ? ?. Last Name First Name Middle Narne SSN ROCKEY RAND :itte> t. rtddress City State Zii-p~ County Radius 1 ?J?F_ Phone DOS Age Range F Search far other possible name spellings r Include Bankruptcies (Click For Prices) C7utptit Type: to Formatted HTIOL t^ cut and Paste / Printer Fi ierldly Text (No Repoosi Important! The Public Records and commercially available data SOUrGa5 used +n this system have errors. Data is sometimes tnieied poorly, processed ircorrerily and is generally n0i free from defect This system should not be redact :.upon as definitively accurate. Befort reiving on any daia this system suopiies. it should be mdepcridently verified. or Secretary of State documenis. the oii0? .ic; da lo; irtf : na;,0n prep; sea only grid is not <. ofr ilecori Cc mfied copies na:y ba Obtained --;om tha; individ,:;,ii state's Depar'irnent of State Search cornpleted SEARCH: Last Name: ROCKEY First Name: RAND SSN Reference Code: 11-133541 Records: 1 to 7 of 7 i' All Full Name SSN [ ® RAND M ROCK ovr DOB: 02125/1950 0 (5 423 W MAIN ST MECHANICSBURG PA 17055-3242 F.dit Search New Search Below ? , Next steps 717-691-0992 ults We Also Found: Property Records Results Res a 10 ( O RAND M ROCKEY PO BOX 1264 La dw- LJ cow DOB: 02/2511950 (58) MECHANICSBURG PA 17055-1264 cs? ?J cow RAND M ROCKE DOB: 02125/1950 (58 Jun 00 - Jun 02 416 W SIMPSON ST 717-691-0992 MEXICO PA 17056-3762 -e 22 sr- `' [? ® 2% ' RAND M ROCKEY ? Feb 86 - Oct 00 830 BOSLER A 6n ai d '1-j com• LEMOYNE PA 17043-1820 O ??!! LJ cow RAND M ROCKEY DOB: 02/25/1950 (58) Oct 84 - Apr 86 403 W MAIN ST 691-0992 MECHANICSBURG PA 17055-3242 ® L?v LJ coov RAND M ROCKEY DOB: 02/25/1950 (58) 5215 WOODLAWN DR 691-0992 HARRISBURG PA 17109-5545 'MUL LLC ® '' RAND M ROCKEY qww v 334 OLD NE tD tt11 cow,. QUAKERTO WN PA A 18951 8951 WIN =11 I to of 7 SEARCH: Last Name: ROCKEY First Name: RAND SSN: 214583845 Edit Search I New Search Your DPPA Permissible Use: Civil, Criminal, Administrative or Arbitral Proceedings Your GLBA Permissible Use: Persons Holding a Legal or Beneficial Interest Relating to the Consumer EXHIBIT littps://secure.accurint.com/app/bps/mat 7/21/2008 August 21, 2008 Postrriaster I`echanicsburg,, PA 17055 Donna M. Donaher 412.594.5533 ddonaher@tuckerlaw.com Request for Change of Address Information Needed for Service of Legal Process Please furnish the new address or the name and street address for the following: Name: Rand Rockey address: 4+23 W. Main Street, Mechanicsburg, PA 17055 i`JOTE: The name and iast known address are required for change of address information. The fee for providing change of address information is waived in accordance with 39 CFR 265.6(d)(1) and (2) and corresponding Administrative Support Manual 352.44a and b. I Capacity of requester (e.g., process server, attorney, party representing himself): Attorney Statute cr regulation that empowers me to serve process (not required when requester is Jn aticrney or a party acting pro se - except a corporation acting pro se must cite statute): Not applicable. The names of all known parties to the litigation: PNC Bank, National Association vs. Rand M. Rockey d/b/a Rand Rockey Painting. 4. The court in which the case has been or will be heard: Court of Common Pleas of Cunriberland County, Pennsylvania. r. The docket or other identifying number if one has been issued 07-5947. S. The capacity in which this individual is to be served (e.g., defendant or witness): Defendant. WARNING File submiyssion of false information either to obtain and use change of address information for any, purpose other than the service of legal process in connection with actual or prospective litigation, could result in criminal penalties including a fine of up to $10,000 or imprisonment of no more than five years, or both (Title 18 U S.C. Section 1001). ?.,!. I__r /-`.fel 41 •G. ? ? ;)i?r_ t-I-rn i71??.r i I N... Frog[ Scree: f'.C. Do;; EXHIBIT I Postmaster of Mechanicsburg Pagt:-2- Augus! 21, 2008 1 certify that the above information is true and that the address information is needed and will be used solely for service of legal process in connection with actual or prospective litigation. Signature Donna Donaher, Esquire Printed Name 1500 One PPG Place Address Pittsburgh, Pa. 15222 City, State, Lip FOR POST OFFICE USE ONLY No change of address order on file Not known at address given. Moved, left no forwarding address. No such address. NEW ADDRESS NAME & STREET ADDRESS BANK FIN:333011-1 000011-133541 01 01 o-a°.r, "si'.i11"C " _ .. f.._.i _,... The Bertrum Group I101 Hamilton Street Tel: (484) 664-7150 Allentown, PA 18101 Fax: (484) 664-7235 Invoice Amount: "Please see details in remarks** ***Search Report*** Ref #: 11-133541 Ordered: 8/12/08 Company: Tucker Arensburg, PC Completed: 8/21/08 Fax: Address: Search Through: 8/4/08 Type of Report: Current Owner Name Given: Rand Rockey Address Given: 423 West Main Street County: Cumberland Deed Information Record Owner: Rand M. Rockey Premises Searched: same as above Township: Borough of Mechanicsburg County: Cumberland Deed History/Chain of rifle 1. Deed Grantor: Rand M. Rockey and Judy L. Rockey, husband and wife Grantee: Rand M. Rockey, individually Date: 5/22103 Recorded: 8118103 Book: 258 Page: 3676 Consideration: $1.00 2. Deed Grantor: James F. Robinson and Mary S. Robinson, Executors of Last Will and Testament of Martha L. Anderson, deceased Grantee: Rand M. Rockey and Judy L. Rockey, husband and wife Date: 4/12/91 Recorded: 4/15/81 Book: A-35 Page: 1173 Consideration: $95,000.00 Tax Information Parcel: 20-23-0567-027 Map #: Actual Land Assessment: Land: $20,490.00 Section: Plus Building: $104,880.00 Total: $125,370.00 Block: Lot: Mortgage Information 1. Mortgage Book: Page: Date: Recorded: Amount: Mortgagee: Signed by: Closed/Open Ended: Comments: NONE 2. Mortgage Book: Page: Date: Recorded: Amount: Mortgagee: Signed by: Closed/Open Ended: Comments: Judgment Information Plaintiff: PNC Hank, N.A. Defendant: Rand M. Rockey and Rockey Rand Printing Case#: 2007-05947 Filed: 10/10/07 Amount: $57,604.63 Comments: Plaintiff: Defendant: Case#: Filed: Amount: Comments: UCC Recorder Secured: Debtor: Filed: Case: Comments: NONE Federal Liens: NONE R.E. Taxes: PAID THROUGH 2007 CONTACT LOCAL TAX COLLECTOR FOR REAL ESTATE TAXES Remarks: DEED COPY ATTACHED (3 PAGES) JUDGMENT COPY ATTACHED (5 PAGES) We have caused a search in the appropriate filing office(s) to be conducted and found only those items listed above concerning the subject property/debtor. This information has been obtained from sources deemed reliable, however, the accuracy of which The Bertrum Group, LLC. accepts NO LIABILITY FOR ANY ERROR AND/OR OMISSION OF THE FILING OFFICE/OFFICER. 08-20-`08 16;51 FROM-Premier Abstract T-540 P004/012 F-116 Tax Parse! No.: 20-234567-027 NOT SRARCIMP - NIT ca r a,{ p? ??/ m a?? ?? o^' Made the ? day of th Two Thousand Thrao (2003 ?-• rn r- Cn ?' N RAND lid. ROCKEY and JUDY L. A0CKleY, hwband and %A of GluaberLmd County. Peonsylvanh (haaaaller odked *GRA14TM") AM RAND M. ROCKEY, individually, of Cumberland County, Pamaylvania, (hereinafter called'GRANTM-) rPHIS IS A CONVEYANCZ WEK31 Is TAX ZXXM!'1' REM A CONVEYANCE FROM IIUUAND AND WUR TO HUSBAND] WITNESS$TB: That in considendion of One ($1.00) Dollar in hand paid, the receipt whereof is hereby wJWowledged, the raid Grantors do hereby grout and convey to the add Gunoec, his hairs and assigns, ALL TWAT CERTAIN lot of gmuod dtuft of to South aide of Weft Main Stoat, fi$h Wacd, in the Borough cfMoahaoicabueg. Cumberland Comfy, Paasylvenikboondadaaddgctibed as follows: ON the North by Want main Street, on the East by lot now or formerly of George Berkhohne:, on the South by a public alley, and on the Went by lot new or fmnwdy of D. & Byers, having a frontage of Tbitty-lobar (34) deaf and dues (3) inches. and the depth ft om said Weft KIWA Street to the add public aft and a width along said dley to 'Ibitty-four (34) feet sad. Om (3) inches. Havmx thereon created a two story firrme swelft house known and maaben d as 423 Waal Main Street. and a fame pn4a in the rear. BEING the same pre dm which James F. Robison and Miry S. robins o Fxearfora ofthe Estate ofhArtba L. Anderson. deceased, by heed dated Apol 12,1991 and retarded April 1$,1991 is the Office of Recorder of Deeds of Cumberland County, Peaneyhwaia in Deed Hook "A" , Volume 33, page 3 , granted and conveyed unto Rand X Roolmy and Judy L Rockey, husband and wife, as unam by this a sureties. (t?3 D909 X58 PAcE3676 oe izWoe 10:33:47µt CUMBERLAND COLWT imt020o344408-pots 1 or 3 08-20-'08 16:52 FROM-Premier Abstract T-540 P005/012 F-116 AND the said Graatois, do hereby Warrant VwkWy the poputy hereby conwyed, IN WITNM WI MMOF, the said Graw.. haver heretmsp set thalr hand and seal the day and year first above written. SIGNED, SEAM AND pEIr,I`'ZUD IN TAE PR MCR OF M. (SEAT.) Y 3F.AL) Ow 258 V3M =13=08 10:33:47 AM CUMaERIAW COUMiY knu 20034"00- Ppe 2 of 3 08-20-'08 16:52 FROM-Premier Abstract T-540 P006/012 F-116 COMMONWEALTH OF PENNMYANIA ) COUNTY OF CUMBERLAND )SS. On &is, ) the,'?-day of 2003, before me, a Notary Public, the undersigned Officer. P=Wnaily RAND K ROCKI?EY (mown to me (or =#sf ctorliy proven) to be the person whose name is sob mlxd to the wltltin lmxrtanwA, and aolmowiedged that he executed the same for the p nposo therein ooatained. IN WrrM g WHtREOF, I have her,= My commission expires: COMMON L4LTH OF FZWSYLVANIA COUNTY OF LANCAS' R wXICrOgned On this, the, day of (A.1 2003. b,? me, a Notary Poblic, the offioer, PMOMtalty WWWWW d JUDY L. BQCKSY lmown to me (or 2y proven) to be the Paum whose neme is subaacflW to the within $be wom4ed the same for the propose tbeeeln 004ine& IN V4" E" WHEREOF, C have heamto set my had and Notary aeW. My cownlission expires: 4NARY I HBREBY CERTIFY, that the precise sddmas of the Grantees herein is 423 West Main Sweet, Mechanicsburg. Pa xMjv=* 17055. i ?-Cll* this to be recorded Tn (Timberland County PAS :.. . r .. ,.? ?..`.? •.? )-A;TORNEY i-Wcorder of Decds sw ?SB PAGES678 08113/1009 10:91:47 AM CUMBMAM COUKN kat.0 2003"40 - Poe 3 of 3 08-20-'08 16;53 FROM-Premier Abstract T-540 P008/012 F-116 CLODA.V LZvl1 Lave Yr1nL 2007-05947 PNC BANK NATIONAL ASSOC (vs) ROCKEY RAND M ET AL Reference No.. Type...... CONFESSION OF JUDGMENT Filed....... Ti 10/10/2007 me.......... 1:47 ent..... 57604.63 JJu 'V e A signed: Jxecutign Date 0/00/0000 Dls ose Desc.: Die osed Date. 0/00/0000 ------------ Case Comments ------------- Hj,er Crt 1.: l xl er Crt 2.: wwwww*t*t*tt*t****++w+wwwwwwwww*tt*t**tt****x+*wwwwwwwwwwwwtt*tttt*t General Index *ttt****w+*x Attorney Info PNC BANK NATIONAL ASSOCIATION PLAINTIFF DONAHER DONNA M FIFTH AVE AND WOOD ST PITTSBURGH PA ROCKEY RAND M DEFENDANT 423 W MAIN ST MECHANICSBURG PA 17055 ROCKEY RAND PAINTING DEFENDANT 423 W MAIN ST MECHANICSBURG PA 17055 Judgment Index Amount Date Descg$ ROCKY ? MINTING 57,604.63 10%10%2007 CO FESSION OF 0? r**+www*wwwwww****t****++*wwwwwwwwwwtt*ttt****ttw#*wwwwwwwwwwww*t+tttt**t*tt**++ * Date Entries w w+*wwwwwx**********twwwwwwwwwwwt*tttttt***t#wwwwwwwwwwwwt**tt**tt**tt*wwwwwwwwww 10/10/2007 CONFESSION OF JUDGMENT AND COMPLAINNTTREENTERED IN THE AMOUNT OF $57604.63 BY DONNA M DONAHER ESQ ------------------------------------------------------------------- 10/10/2007 NOTICE MAILED TO DEFENDANTS ------------------------------------------------------------- 10/10/2007 AFFIDAVIT OF NON MILITARY SERVICE ------------------------------------------------------------------- 10/10/2007 CERTIFICATE OF RESIDENCE BY DONNA M DONAHER ESQ -------------------------------------------------------------- 10/10/2007 AFFIDAVIT ----- ------------------------------------------------------------------- 12/14/2007 SHERIFF'S FILE RETURNED FILED. ii2 gante: ROOCKEY RANDt Woe.: DBA.RANDtR CKEY PAINTING i?jes 423 W MAIN ST CostS.A : 54?IPdBBy- TUCKER05AREN$BERG 12/14/2007 GIVEN ADDRESS IS VACANT. - - - - - - - - - - - - - - LAST ENTRY - - - - - - - - - - - - - - w*t*tt***t+**+wwwww**t*t***++rrwwwwt*t*,tt***wwwwwww*t*******t**wwwwwwww,tt+rt****x * Escrow IInnffor on t tt***f*wwDebits ttttt***wwwwwwwB**Ba+tww,?4w*,gr**ttt*w*,t*wawBwe?,lr*t*****wwwwwww***t JDMT CONFESSION 14.00 14.00 .00 TAX CONFESS .50 .50 .00 SATISFACTION AUTOMATION FEE 5.00 5.00 .00 27.50 27.50 .00 *****wwwwwww**t*****+wwww*t*ttt**+wwwww*ttt*w+w+www**tt**+++wwwwww*t**+++wwww**t * End of Case Information t t**t**txxwww***ttt***xwwww***tt**+xwwww****ttt*wwwwwtttt***ww+ww******t*?rwwwwt** 08-20-'08 16:53 FROM-Premier Abstract T-540 P009/012 F-116 VXW1>1u C:1V1i Cage Print - 2007-04900 PNC BANK NATIONAL ASSOCIATION (VS) ROCKEY RAND M Reference No. Filed.. 8/17/2007 Case Type...... COMPLAINT - MORT FORE Time.....,., 1:17 J??o?igne$: 27805.68 FJxecut n Date 0/00/0000 Die se Desc.: ury ial.... Dis ed Date. 0/00/0000 ------------ Case Comments ------------- HI r Crt 1.: H er Crt 2.: ww#ww#############w#www#wwwwwwwwwww###############w### ####**wwwwwwwwwwwwwwww*# General Index A orney Info PNC BANK NATIONAL ASSOCIATION PLAINTIFF SO N BRETT A ONE FIFTH AVENUE PITTSBURGH PA 17055 ROCKEY RAND M DEFENDANT 423 W MAIN STREET MECHANICSBURG PA 17055 Judgment Index Amo t Date Desc ROCKEY RAND M 27,8 .68 10/09/2007 TO ANSWER ROCKEY RAND M 1708720 VACA ###########wwwwwww######### ###*###ww wwwwwwwwwwwww##### wt###########,?#w * Date Entries w wwwwwwww*##############*##www wwwwww ###############*#wwwwww*wwwwrewwwwwwwwww*### 8/17/2007 COMPLAINT - MORTGAC3 RECLOSURE FILED BY BRETT A SOLOMON ESQ FOR PLFF -------------- ------ 8/23/2007 -- --------FILED - 8/23/2007 SHERIFF'S FILE C4L8¢ TYe• COMP - MORT FORE Rat Type.: Regular Z tiganL.: RO ee : 423 W IN S ET Ct?/$t,Zp ME CSBURG PA 17055 Sh/apt RAND R Date ime- 22 2?IN 45:00 Co to.... 6.64 Pd By: TU R ARENSBERG 08/23/2007 ---------------------- 10/09/2007 PRAECIPE R DEFA T ----- DEFAULT-JUDGMENT-ENTERED --------- IN THE -UNT-OF 27805.68 BY RETT A SOLOMON ESQ ------- --------------- 10/09/2007 NOTICS ILED TO -DEFENDANT ----------------------------------- ------------------------- ------------------- 10/09/2007 AFFI VIT OF NON MILITARY SERVICE Y BRETT A SOLOMON ESQ --- ------------------------------ ----------------------- 10/09/2007 IMPp1RT LmB•I;Llf,Ef) ••iDggA:LTLT,.. ) BY BRETT A SOLOMON ESQ - ------------- ----------- ---- ---------- 1/08/2 PRAECIPE TO SETTLE DISCONTINUE AND LATE JUDG - BY BRETT-A SOLOMON ATTX FOR PLFF - - - - - - - - - - - - - LAST ENTRY - - - - - - - - - - - #####wwwwwwww *#wwwwww wwwww *#w###w*wwwwwwwwwww######## # Escrow Info tjion Fees & #B#ai####fi* is Ad?E##### #Enra#Bww»www###########www COMPLAINT 55.50 55.50 .00 SAX ON T LT AUTOMATION 8.00 8.00 00 JCP FEE 10.00 10.00 0 JDMT/DEFAULT 14.00 14.00 ,0 JDMT/VACATED 8.00 8.00 .0 ------- -------------- --------- 100.50 100.50 .00 ww############w#wwwwwwwwwww#w###w###www*wwwwwww##########tw#wwwwwwwwww*#w######w * End of Case Information w 08-20-'08 16:54 FROM-Premier Abstract T-540 P010/012 F-116 YIb71U C.1V11 Case Print - 2b07-04900 PNC BANK NATIONAL ASSOCIATION (vs) ROCKEY RAND M Reference No..- Filed 8/17/2007 Case Type...... COMPLAINT - MORT FORE Time.......... 1:17 Ji enAt?.,.... 27805.68 Exzeccutign Date 0/00/0000 Dg osedsDesc.: D s oseAaDmte. 0/00/0000 ------------ Case Comments ------------- Higher Crt 1.: wwwww?rww**,t*xw,t*rt rwwwwwwwwwwww*ww,t**,rtwwtfwvr?twwwwwwverHtw#*w*st*,rttt***t*tft,tw*wwwww 08-20-`08 16:54 FROM-Premier Abstract T-540 P011/012 F-116 rxb5iu U1vu Uase rrint 2007-04885 PNC BANK NAIONAL ASSOC (vs) ROCKEY RAND M Reference No... Filed.. 8/17/2007 Case Type...... COMPLAINT 5 Time.......... 1:50 Jud at. 70787.46 Execution Date 11/21/2007 Jv! A e?gnec: Jury Trial. Dig r ea Disc.: Disposed Date. 0/00/0000 ------------ Case Comments ------------- H her Crt 1.: Hi gner Crt 2.: www,twwwwx,twww*wwxx*www*wwwxwwxwxxwxxxwww*www*www,t*w*w,tx,t*wtwwwwwwwwwwww,twxwwwxww General Index Attorney Info PNC BANK NATIONAL ASSOCIATION PLAINTIFF SOLOMON BRETT A ONE PNC PLAZA 249 FIFTH AVENUE PITTSBURGH PA 15222 2707 ROCKEY RAND M DEFENDANT 423 W MAIN STREET MECHANICSBURG PA 17055 Judgment Index Amount Date c ROCKEY RAND M 70,787.46 1010 ate c 10 09 2007 TdU86 ROCKEY RAND M 70,787.46 ROCKEY RAND M ION 28 2008 is ION wwwwww,rww**w,rf**t*w**tww*,?w,r##wwwwwwwwwwwwwwwwww www * Date Entries w wwww,ttt*tw*,twxw*ww#w,rrwwwwwwwwwwwwwwww*wwwwwwww*w#*w*www*w#ttwtww*wwwwwwwwwwwwww 8/17/2007 COMPLAINT - MORTGAGE FORECLOSURE FI ED BY BRETT A SOLOMON ESQ FOR PLFF ----------------------------- 8/17/2007 AFFIDAVIT-OF-NON-MILITARY-SERVICE - -------------------------------- 8/23/2007 SHERIFF'S-FILE ----------- FILED. --------------------------------- --------- ---- ------ C e q? e COMP INT - MORT FO Ret Type.: Regular LIt?af1E . e R M Ctyd 3 lz : M6CHKNICSB , PA 055 Hri TO: RAND ROCKg3tpp Costs ....: Date?ime: 936.642Pd7By: TU :OARENSBERG 08/23/2007 -------- --- ------- ----------------- 10/09/2007 PRAECIPE-FOR-DEFAULT ------ -- ""--------- DEFAULT-JUDGMENT-ENTERED IN THE AMOUNT OF $70787.4 BY B A SOLOMON ESQ ------------------------- --------- ------------------ -------- 10/09/2007 NOTICE MAILED TO DE -- ------------------------ ------------ 10/09/2007 AFFIDAVIT OF NON MILIT SERVICE-B -Y-- B ---- A-SOLOMON ESQ ------------------ ------ ---------- --------------- 10 09/2007 IMPORTANT NOTICE FILED (DEFAULT JUDGMENT) BRETT A SOLOMON 2SQ ----------------- ---- -- - ------------- 11/21/2007 PRAECIPE FOR WRIT-OF --- -CUTION ON_RRR?ALL PROP - A1j.WRI F-------- EXECUTION ISSUED - $ .50 PD ATTY $2.00 CO 50 LL --------------- --- ------------------------ 1 22/2008 SHERIFF'S-RETURN---- HERIFF'S-RETURN - IT IS RETURNED - STAYED - PER TTER QF REQUEST--- FROM ATTY BRETT OLOMON SHERIFF PAID $x.00 COUNTY & $0.50 LL TFF?R?'?` c? _ -------- ---- `- ------------- 112k1008 PRAECIPE TO SETTLE AND VACATE JUDGEMENT-_BY-B ----A SOLOMON-ATTY-- FOR PLFF - - - - - - - - - - - - - - LAST ENTR - - - - - - - - - - - - ww+www*xwwx xwwwwwww,rwx,t*#,tw**r**w#w?wwwwwwwwwwwrwwwtww*tw,? w Eeclrow Info ion w + Fees & Debits a 1 p i **twwwwwwwwwwxwwww?*ww,t*w*twt:B*tF*S,a?wwwwwyww,sewwwww*wdwB*,lrwwrwwwwwwwwwww*rr** COMPLAINT 55.00 55.00 TAX ON CMPLT .50 .50 .00 08-20-'08 16:55 FROM-Premier Abstract T-540 P012/012 F-116 rza5iu civil ease Print 2007-04885 PNC BANK NAIONAL ASSOC (vs) ROCKEy RAND M Reference No... C T Filed......... 8/17 2007 4 ase ype...... COMPLAINT Time.......... 1:50 JJu9gmeeAntsst ne.f...t: 70787.46 Execution Date 11/21/2007 Disposed Desc.: ------------ Case C m ii D? sedaDate. 0/00/0000 o ments ------------ - Higher Crt 1.: Higher Crt 2.: SETTLEMENT 8.00 8.00 .00 AUTOMATION 5.00 5.00 .00 JCP PER 10.00 JDMT/DEFAULT 14.00 10.00 14.00 .00 .00 WRIT OF EXEC 24.00 24.00 .00 2007 SHERF FEE 2.00 2.00 .00 LAW LIB FEE .50 .50 .00 SATISFACTION 8.00 ------------ 8.00 .00 --- 127.00 --------- - 127.00 ----------- .00 tttttw****w+?x*xwwwxwwxxwttttttt**tt*tttt*tttxtwwwwwxxwxwwwwwwwwxwwwttwtttttttttt * End of Case Information wwwwwwwwwwwxwwttttttttttttttttt,ttxwawwwxwxwxwwwwxwwtttttttttt*tttttttttttttwtwww The Bertrum Group, LLC 1101 Hamilton Street Allentown, PA 18101 Bill To Tucker Arensberg, P.C. 'l' Invoice Date Invoice # 8/20/2008 11-133541 P.O. No. Terms Project Quantity Description Rate Amount 1 Order #11-133541 58.00 58.00 Name : Rockey County : Cumberland Search : $50 Copies: $8 Current Owner Total $58.00 ? COMMONWEALTH OF ) SS: COUNTY OF ) Before me, the undersigned Notary Public, did appear Donna M. Donaher, Esquire, Attorney for PNC Bank, National Association, who being sworn according to law, say and deposes the following: That PNC Bank, National Association; (1) attempted service through the Sheriff of Cumberland County, (2) attempted service by certified mail, (3) attempted direct calls upon the defendant at the last known residential property address, (4) made inquiries to the U.S. Postal Service for information concerning the forwarding address of the defendant, (5) examined people search from Accurint and, (5) examined local telephone directories and motor vehicle records, and (6) that PNC Bank, National Association, through its efforts, has obtained the following address of Defendant: 423 West Main Street, Mechanicsburg, PA 17055. Donna M. Donaher, Esquire Attorney for PNC Bank, (National Association SWORN to and subscribed before me this V: "" day of 2009. Notary Public M commission expires: SALT `.QFPENNSYLVANIA Y r jai N1E_FlN:345906-1 000011-133541 ciyof Notwy pubgc w CORM. Member, 'cnnsw EVres 31,2009 Of Notarjes IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PNC BANK, NATIONAL ASSOCIATION, Plaintiff, CIVIL DIVISION NO. 07-5947 vs. RAND M. ROCKEY DBA RAND ROCKEY PAINTING, Defendant. ORDER OF COURT AND NOW, this day of , 2008, the within Motion of PNC Bank, National Association is granted. It is hereby Ordered that Plaintiff shall serve the Defendant with the Notice Under Rule 2958.1 by sending copies of the Notice by certified mail, return receipt requested and ordinary mail, completion of either one to be deemed as effecting service on Defendant, at this address: 423 West Main Street, Mechanicsburg, PA 17055. J. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PNC BANK, NATIONAL ASSOCIATION, Plaintiff, CIVIL DIVISION NO. 07-5947 vs. RAND M. ROCKEY DBA RAND ROCKEY PAINTING, Defendant. CERTIFICATE OF SERVICE The undersigned hereby certifies that a true and correct copy of the within Motion for Special Service was served on the Defendant on the } U day of February, 2009, U.S. mail, postage prepaid, first class, at the following address: 423 West Main Street Mechanicsburg, PA 17055 Donna M. Donaher, Esquire lr, hi t FLg 1 7 ZOOM IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PNC BANK, NATIONAL ASSOCIATION, Plaintiff, vs. RAND M. ROCKEY DBA RAND ROCKEY PAINTING, Defendant. CIVIL DIVISION NO. 07-5947 ORDER OF COURT AND NOW, this 10 day of r, , 2008, the within Motion of PNC Bank, National Association is granted. It is hereby Ordered that Plaintiff shall serve the Defendant with the Notice Under Rule 2958.1 by sending copies of the Notice by certified mail, return receipt requested and ordinary mail, completion of either one to be deemed as effecting service on Defendant, at this address: 423 West Main Street, Mechanicsburg, PA 17055. J. RI)? -8' 1 r-- ?y .f -. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PNC BANK, NATIONAL ASSOCIATION, CIVIL DIVISION Plaintiff, NO. 07-5947 vs. RAND M. ROCKEY DBA RAND ROCKEY PAINTING, Defendant. Certificate of Service of 2958 Notice Filed on behalf of Plaintiff, PNC Bank, National Association 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 NO. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PNC BANK, NATIONAL ASSOCIATION, Plaintiff, vs. RAND M. ROCKEY DBA RAND ROCKEY PAINTING, Defendant CIVIL DIVISION NO. 07-5947 CERTIFICATE OF SERVICE The undersigned hereby certifies that she did serve a Notice Under Rule 2958.1 of Judgment and Execution Thereon upon the Defendant by certified mail and regular mail, postage pre-paid on March 11, 2009 at the following address: 423 W. Main Street Mechanicsburg, PA 17055 Donna M. Donaher, Esquire BANK FIN:348119-1 000011-133541 c', ?., :?. .fir ? : ? r_"'?.-° -:°y rr; _ -?, ?,, ` -? --d ? , -- _. { r -?! . .._ .,,? PNC BANK, NATIONAL ASSOCIATION, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : Civil Action No. 07-5947 RAND M. ROCKEY : DBA RAND ROCKEY PAINTING, : CIVIL ACTION - LAW Defendant PETITION TO STRIKE JUDGMENT OR TO OPEN JUDGMENT AND NOW COMES Petitioner, Rand M. Rockey, d/b/a Rand Rockey Painting, by his attorneys, Barley Snyder LLC, to state the following Petition to Strike Judgment or to Open Judgment, and in support thereof avers as follows: Petitioner/Defendant, Rand M. Rockey, d/b/a Rand Rockey Painting ("Rockey"), is an adult individual residing at 423 West Main Street, Mechanicsburg, Cumberland County, Pennsylvania 17055. 2. Respondent/Plaintiff, PNC Bank, National Association ("PNC"), is a national banking association organized and existing under the laws of the United States of America, with a registered business address of 249 Fifth Avenue, 1 PNC Plaza, Pittsburgh, Allegheny County, Pennsylvania 15222. On or about December 3, 2002, Rockey and PNC executed a Business Banking Line of Credit Agreement ("Credit Agreement") in order to provide financing to Rockey's sole proprietorship, Rand Rockey Painting. 4. The express terms of the Credit Agreement permitted a maximum line of credit of $10,000.00. 5. On or about October 10, 2007, PNC filed a Complaint in Confession of Judgment (the "Complaint") against Rockey. See Complaint in Confession of Judgment, attached hereto as Exhibit A. 6. The Complaint, at paragraph 11, alleges that "[b]y Warrant of Attorney contained in the [Business Banking Line of Credit Agreement], [Rockey] authorized entry of judgment by confession." 7. The Credit Agreement attached to the Complaint contains no Warrant of Attorney clause. 8. The Complaint, at paragraph 5, expressly states that the business line of credit was in the original amount of $10,000.00. 9. In paragraph 14 and the ad damnum clause of the Complaint, PNC states that it seeks to recover $49,376.84 in principal, well in excess of the $10,000.00 credit extended to Rockey in the Credit Agreement. PETITION TO STRIKE JUDGMENT 10. Paragraphs 1 through 9 above are incorporated herein by reference as if set forth in their entirety. 11. PNC's judgment is based on an allegation in the Complaint that the Credit Agreement between PNC and Rockey contains a Warrant of Attorney authorizing the entry of judgment against Rockey by confession. See Complaint at paragraph 11. 12. The Complaint includes, as an exhibit, a copy of the Credit Agreement between PNC and Rockey. PNC refers to the Credit Agreement as a "Note." 2 13. No Warrant of Attorney authorizing the entry of judgment against Rockey by confession is found within the Credit Agreement. 14. Nothing in the Credit Agreement permits PNC to confess judgment against Rockey. 15. Notice and a hearing were not provided to Rockey prior to entry of the judgment by confession. 16. Because PNC was not authorized to confess judgment against Rockey, PNC's judgment was and is void and defective on its face, and therefore should be stricken. 17. This Court lacked jurisdiction to enter a confessed judgment against Rockey and, therefore, the thirty (30) day time period for filing a Petition to Strike found in Pa.R.C.P. 2959(a)(3) does not apply. 18. Further, the amount of PNC's judgment grossly exceeds the maximum amount of credit extended to Rockey by the terms of the Credit Agreement and as noted by PNC in paragraph 5 of the Complaint. 19. The Complaint alleges no basis for a judgment in favor of PNC which far exceeds the amount authorized by the Credit Agreement. 20. PNC confessed judgment against Rockey for principal, interest, late charges and attorneys' commission, none of which were authorized since there was no Warrant of Attorney in the Credit Agreement. See Complaint at paragraph 14. 3 21. Because the confessed judgment is grossly excessive and includes amounts not authorized by a Warrant of Attorney, the judgment was and is void and defective on its face, and therefore should be stricken. WHEREFORE, Petitioner/Defendant Rand M. Rockey, d/b/a Rand Rockey Painting, respectfully requests this Honorable Court to enter judgment in his favor and against Respondent/Plaintiff, PNC Bank, National Association, by striking the confessed judgment entered against him in this action on or about October 10, 2007, and further requests that any execution on the judgment and all other proceedings in this matter be stayed pending the resolution of this Petition. PETITION TO OPEN JUDGMENT 22. Paragraphs 1 through 21 above are incorporated herein by reference as if set forth in their entirety. 23. If this Court does not strike the confessed judgment entered against Rockey by PNC as void and defective on its face, Rockey requests, in the alternative, that this Court open the judgment. 24. This Petition has been filed promptly upon PNC's threats to execute on the judgment. 25. Rockey's failure to respond to the Complaint is the result of excusable negligence arising from the fact that Rockey did not understand the documents which were served on him, did not understand that a response was necessary and could not afford to hire an attorney at the time. 4 26. Rockey did not make a deliberate decision not to defend against the Complaint. 27. Rockey did not have actual notice of PNC's efforts to execute on the judgment until approximately May 4, 2009 because PNC did not provide actual notice, pursuant to Pa.R.C.P. 2859. 1, to Rockey at his current residence but instead sent notices to his former residence. 28. Rockey possesses a meritorious defense to PNC's action to collect sums due under the Credit Agreement because the Credit Agreement's terms expressly authorize a maximum credit line of $10,000.00, significantly less than the $49,376.84 principal debt claimed by PNC in the Complaint. 29. The Complaint does not allege the date(s) on which Rockey failed to make payments due under the Credit Agreement and does not explain the manner in which PNC calculated the interest and late charges which are alleged to be due. See Complaint at paragraph 14. 30. As stated above, the principal amount of the judgment grossly exceeds the amount of the Credit Agreement on which the judgment is allegedly based, and PNC's Complaint offered no explanation as to the discrepancy or how this amount, including late fees and interest, was calculated. WHEREFORE, Petitioner/Defendant, Rand M. Rockey, d/b/a Rand Rockey Painting, respectfully requests this Honorable Court to enter judgment in his favor and against Respondent/Plaintiff, PNC Bank, National Association, by opening the confessed judgment entered against him in this action on or about October 10, 2007, and further requests that any execution on the judgment and all other proceedings in this matter be stayed pending the resolution of this Petition. BARLEY SNYDER By: Paul W. InnW E-Mail: pmmnich@barley.com PA 74453 100 East Market Street P.O. Box 15012 York, PA 17405-7012 717.846.8888 Fax: 717.843.8492 Attorneys for Defendant 6 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PNC BANK, NATIONAL ASSOCIATION, } CIVIL DIVISION Plaintiff, ) NO. vs. ) RAND M. ROCKEY ) DBA RAND ROCKEY PAINTING, ) 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: 1. Plaintiff,. PNC BANK, NATIONAL ASSOCIATION, ("PNCB"), is a national banking association organized and existing under the laws of the United States of America and a citizen of Pennsylvania, with its main office located at Fifth Avenue and Wood Street, Pittsburgh, Pennsylvania. 2. Defendant Is Rand M. Rockey DBA Rand Rockey Painting, whose last known address is 423 West Main Street, Mechanicsburg, PA 17055. 3. On December 3, 2002, Defendant submitted to Plaintiff an Application for a Business Line of Credit. A true and correct copy -of the Application is attached hereto, incorporated herein and label Exhibit "A". 4. Pursuant to the terms of the Application, the Defendant agreed that should the line of credit be granted, he would be bound by the terms and conditions of the Business Line of Credit Agreement. 5. On or about December 3, 2002, the Plaintiff did notify the Defendant that a business line of credit in the original amount of $10,000.00 would tie extended. 6. On or about December 3, 2002, the Plaintiff did provide the Defendant with the Business Line of Credit Agreement ("Agreement') containing the terms and conditions of the line of credit. A true and correct copy of the document is attached hereto, incorporated herein and labeled Exhibit "B". 7. The Application and Agreement shall hereinafter be jointly referred to as "Note". 8. There has been no assignment of the Note. 9. Judgment has not been entered on the Note in any jurisdiction against the Defendant. 10. The judgment by confession sought by PNCB in this Complaint is not being entered agai aturaMrsonJnsn=ion.with a conaumer credit transaction. 11. By Warrant of Attorney contained in the Note, Defendant authorized entry of judgment by confession. 12. Pursuant to the Warrant of Attorney executed by Defendant, Defendant waived the benefit of all laws exempting real or personal property from execution. 13. Pursuant to the Warrant of Attorney contained in the Note, judgment may now be entered against Defendant as payment on the Note was not made when due thereby creating an event of default under the Note and accelerating all amounts due thereunder. 14. Under the Note, the following amounts are now due by Defendant to PNCB: Principal Debt $ 49.376.84 Interest through 8/27/07 2,714.36 Late charges 304.31 Attorney's Commission 2 Total S-57-10-53 -2- 15. Under the terms of the Note, Defendant is liable to PNCB for attorney's commission of ten (10%) percent for collection. WHEREFORE, Plaintiff, PNCB, demands that a judgment be entered against Defendant, Rand M. Rockey DBA Rand Rockey Painting, as authorized in the Warrant of Attorney contained in the Note, in the sum of $57,604.63, together with interest and costs of suit. Respectfully submitted, TUCKER ARENSBERG, P.C. By: (,?LJWu v?/? Donna M. Donaher, Esquire Pa. I.D. #53165 1500 One PPG Place Pittsburgh, PA 15222 (412) 566-1292 Attorney for PNC Bank, National Association -3- Ipage 26 of 651 :--? BOrrOWlf?a) /???v? crcy AM. %Barrower(s): :,/ - Il?rwrd(Lryereir??y?s?ee tyYy.ir NUTM Ifawtowerisaawro"deft. w )tteoedtetAo:ntwNw t MMI I! nnm,.:r ie a peneent? ea tswaal Puawetreea>? d` RESOLVED. That and /or aro aatlwriaetl apply for credit and Met into binding loan agreement t on to beha)f of this Corporatiori• and i { IMIER RESOLVED That each of tho.abo,r o11.0 is =*orimd to aiand. agro meat- notes, atxadty agrecntents and renew modsip deliver w loan Corpaation_(any of which 'I' ?i0n' ?tlcletton and other aP°L' a on behalf of this Corporation for all sums d oror tocontain a rrle down by dw Cwgarpwation q the 8an Ut). Bank to cmhllm Judgmrnt against the by CER71FiCATwp, 1 crniy that. ! am Secretary of AtnkUM ScMtary of the Borrower, the foreping rewlutions were adopted by the Bormres Bond of Directom are in jbg hm and circa and have not been ntodIr or revoked: and the si#rtaturgt MW titles set forth above are the genuine signatures and titles of the Penroas indimcd. X S:rmlwe of Smeary a Asrietant Srsuiary - renoro2wA+yp;e,s..ra.w.?r-0t . EXHIBIT Guarantor{s): (AUoK.nes,eJprM?eydasftbeDw?owe?tslmra?tastuar+qus) Cogmmtc Resolution (for Corporals BonNnm) 4 IPags 18 of 65) DOMWer. BAWD Ivt ROCKEY DBA: RAND ROCKL-Y PAINTING 423 %VW A4AIN STREET MECHANICSBURG. PA 170.13 Dank: PNC Bank. Nalional Association 4242 Carlisle Pike Camp Hits. PA 17001 Maximum Credit: $10.000.00 Annual Fee: S17S.00 (WAIVED FOR FIRSTYEAR) Initial Index: 4.250,'* Margin: 2.0M initial Rule: 6 •,? Date of Loan: `'DC-C$MBL• R 3. 2003 0 S 1e Proprn torship p General Partnership o °m w O Sabelwpter S Corporation Q Limited Liability Company state of Organization: PENNSYLVANIA Other Locations of Borro%wes Business: O Limited Partnership 0 Non-Proit. Corp. ( PN CB-KW BUSINESS BANKING LIVE OF CREDIT AGREEMENT (Page 10 of 65) BUSINESS BANKING LINE OF CREDIT AGREEMENT TERMS AND CONDITIONS Wow pkawd w Ime ),w m a nnmw et and w pavhk ym rhb • ape of lbws Imtmp and Omrdhious (dse'Tamn mad Cohitip f) doc°+iISP rht row oI ao* t-Lbm•) Pe mw ub y" Yr us. 7aa,m 7amu r1 CLrrBdaas are air In?Pdlaus Pars of t)eavrr Alr.hmass W.IN? iJna d Cmlit Agittrxeoi. A of ebcets b tsimMt yon to bt61n nlfm! )1ma Pctoanl wNl be IaP/dl to yMS sbagl? pkato lead Brae Teatu slq Caadithmn aW*fu l). vow we of acecpsmnec gravy Lim "steads rill bs rkMW cvwsce of )oa ape?amam 166ou Teets stdcuskioma. 1. mi mmm. M this AgmoRche. the foikmino dcS Ommsppll. 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YorsrayeardirmcWdaMnhmgseadNlhisatemat'rmaadwWor wEcpul mWe.rbkRe erIsn m Yee asilw ems so thaPc nws meeama ktr as tbaks )Irene an this aeeyaat br laara flw ramps mad far imdaest std ssty oMa mgeyamu rhle>t)a apes M this Apeararad to Pa). try" lase *4 slacks «tidt rear rlsw W You M o)prn lmmo rmm *18 aeomam to saaomae has *6wv d own %twma )oar Pasb.Yrm. ).w mete wit ad iRVftW and). vaa..smeWiaJo;c mid spas Ow b em t vm rill re be murder aty abli#%Wo to txtmd or renew shk acnwm heymW dhc Wow FWkslkm Dm e, _ -2. (page 22 of 65) We agra sit pay dkkWt which are tau& drawn and kwpl on fib axonsa by )aw prior lathe esrliet ofgw Ierrainakut of 1Ma actattaa tr Nat iNfolmtina Hire. We me not oMlgakd fit pay checks that ease )*%W beknoe m t.%"W )tsar htniso a Creel Umh. We the not obrapke to pay any dwCks tali, drawn or lewd by you or received by us alke okk occ aN b vattlinted. if )vw b danet exea* laws Matehuum Ckdu Loin. n ir)orr t.•hCt.'ks have bete kikwt last tr sbtk». !oe asw tom tht only drccks that )m %III Whe m rattle bans firm the wcoure art tie lixtsc hod lit us fix toss spcrial ptrp.%se. 6. avvR11RArr PRt11 vcrW V, if )va tint ch-a*aa ih imian fur Iris a cow. we wilt Hilt a dnall M *c basltim dtetkft moi nt widt us tksignacd by )vr % meva a rokMirosal Is hunk Fria[ &A ehedifK acnnmi. eitltv_by writim a check frost the checkke acctaM tr of stow phcr mar. is an aax,mr »hkh is mare rrt my rbcm use balrvee In that ch"Iclas mcvcna. Tae antbwast whkh wrw?1 deposit will be the amaatt by %hick the whhdratrA etetcds uhe baluKe is the chest ist aeeosrtN, wma16 lip b this aexl atbolt SI.0o- ho»ttw, Ow =kwv shkh ere %Ill deposit win not bd less than SlO g0. M•e s111 spate the 'at the d nmk N a ban tiers lhls acetatoa. We iht rw have too male a docloctait k? Noe dwY In j account if a dcpwM will tow the balance of Ob accord to exceed the Alasbnam Crolil l.M& a uvoij vhebsc stoic Agreement. Crosak,,.g rccabar dsoeks %Wch am rcmraed arfa be surjece to ~ re/ular oromdrati eharses. 1's PU t14'k1:l4: a) two lot write ektl! fix ICs) It= S IA)a.et: b} to tepoy ant aatalsrls abh?anxd hrrratda NKnher aFW irkrDl N prairkW In this Atreeranst; N ad in mike Mars liven ibis amount it" Mill carte Nit oaaL'Iaili t balsnee as this Keeton at sari time to cucal Pitt %larhinoom credit Ural aisrclt »e hue wsr approved ur rror spprow as say flow in the VANC C J) to Iruanfiacly pay the meutml of any ksashn excom of sk &WIl rum Credit Untir. el to ttist vs web Anaoxlal stalerrenls as se tally rggm t in%% Noe M Hawn t) to pay us Costs of eoikcriw4 Ioci ashol town was Aral leamn*k kcal fees aLI expetacs atlowal by law. If we refer ) err account to an xumory for collection: rd rw ro ti?Yas (rkt infirutwrun or sigwaws awry 14M or ha "vM hobo is ant it lleteww,tt ass aids aamrft M to psy a arc Charge. m proviAed In Wits %Vcc K low exits faanh sus p4vtnt It not made ito" filkcn 113) da)z of its M.N mom Hut Jim; and 1) Pit boor any and all whet promisbs the )ow nuL,c in this A cestteet. 8. tiECtlRrrl' COLOR. Xhety on thrposk xgb its and property kM be Its mot loans made mxkr this Aliecsa m; evihatrol sowing tOwr dditiaaleft to as may ORD secure hots tatdcr thk Agneaieat. t). Ian:Itl?S'f. 7hc iruueft fate rn the Line is sttbJect a titattEe float tows W tbae haut ua sAafibcs is m brltpcadtat how's »hkA alp be the tdghest flirt leas swooshed in dte'1l my [tares" "cam of The Mall Soo Jamul far the Isn tray at doe prsonfisp eaanttlar rnonnch ukkh is repented tdw"boldh Pis Index is *4 stursmily the hraest air we tlxast Waartttlatw lfdW oaks bCi* a lalavaorfhk dtaitlg the terra of [tit aectwmL »t Inay tksignsk a subftkult mini alley aalf)iat )err. Nit %NO no )Da die ewrgtl b k% rut upon saes se"Ca. 1•au tr.kralatxl that ere r>fsy per I& lines of cgdh and tea n lusted oil other 1al0? N wall. Y* 10110M ON chow will not u?YUr wort tdten assn rach'aawdw 'rite talk% Aar a )lillint C)ck is delertxined an door Ilasi day of flat qvk baled on Ilse bmrx ow the hA dry of the proadiol cdentAx tmrwh which is mrooArd. TTw ampt Into Is set fottA at the ihst pope ardds Apeetu "L liar hone" tart in be VOW ro the uspQ prkiclow fool rrc orI166 anzwm Is docsritimad by Owings nlnrAR7 of pesctntape pttria pIse "hfarpir") soon hxbca• This sfa the rust lave aflhis %livh nw a. as is die initial brawl rile rift ttbt wentatt (the ladeC aft 'CibisSetrtrWql Films Ate hhrgit). tnumt art the principal babuce of bans omsuaudiat toe this new" is eoatpa t! all a abif.)fib simple hacasl basis: Ihat k by c9'N)IrE Plot rah, nrthr artraai inters[ note stn Ate visa day er1ht NORnt C)eie error a )vw of]6ltdays so oloWn a daty' ptriadic raft. mahiptied M the asvrago dally print" babies 4o ft the IliIIIng Cate. faali"a iry the =%W 1w1 On of dales In Nee 11111i+tt C)ck tlakr nor crcoanstmca willilic hoot I tote on desk xm atom be muse Haan dot waslaxan rase aauubat by opldksbk boar. 10. AKY.%rn iLY NTl:kIEST I'Al?[M l3. You ;;#w w pay the accrued and unpaW incest on ebk section each arrodt on tin ra) Gant Ihx 1ksh. Parr pay[anus mtaot tk scut to rs at die watt hats ahuaa a?bnxc err a suet adnt7 plea as at nay dodyime his writing. Unless tdowm sc apq?M iN srilityt a mlalied by appikable law, p vIcats will be gq*a lost to xW kvf wd u"bastes, ika w F*clpA axe arty te"n;nr antimil kF any mop" erllecNvn ants sal any Ave chrsss• It. L17i: C)I,UtCsEC If you fail ut pay ss shtpa)totaM tint by Hie pa}tltcm slur date rcAakd ten your nhtrtddy stattaaclN. »c ma) shags )ou a Fare Charr?e of SIMr ur !T:,tf Aw ara+uls pea der, alinehe+a b less. _ _ t2. AUTIHIA7IC PA1'tla ::NT;11UPOWFORe; LN WiASE 01: MARGIN, Yom alter err esablllh and amirthin a Iwalae8 cltod in) attaawt ankh w dtafag dw fern of Phis Agaetpetu Mhkh that be )uw prissy Jepositoy Pleetsllt. You aikoft ifs irs tkduc't )nor arryhl). pa; meets an fix, a awn[ fnmf tht checking itetmnn altonwxitaUy. if ono ant i W46crntt tolletiM ad m'aftle hind! Its the dttekhtg awotmL »r »9l1 rxN be tbeyulrat b abl?attce Ntad?M move tot po)srient. 1\t «sene the tight N lamitrte Noe automate salaams seh•fee tr an)• iamt. woks cr toklba tame- Of )tw revoke )our a ntindragms Qr td to arnnt2de stly dedw yen atdadfly pal-racont; on the account tram Nte datdatp aa.+nrP MAY cc=od »baW>,r?v a (ail h? laaidaw athxkhtt aaomtt Skill us %" vw be chxpN, we alas: at oar aptim, yam INYW J30) Joss milk a to Mon. Wicue die bunco ter trargia set iltrNt on dtt fist post of ahis Aremm by (1,..1 ptfocrtedt poiuu tom-4. Ir).w rail >„ sits hush anol rrgima)rt wn primary depusibry aetOlatl With W. we 1113Y. at ola t>t11hm• tyndn iilbly (30) days tx141ec pt yea. itfcccaw Nsc initrCA fate &bgon yet Rw& ten die fait pose nfuhis Apemen by up to 1.00percvPAvr points d IA %l. Our tills w inctnic the hftwn late 16agira parawl to "Seethe shall be in add da s In any Who 14hts or rtntn6ex »Y [nay hart. ail.or«h" am krchy reserved: aml shill not eomtituw a Maher, reltme w 0mhmProm qma our exttKkeof "-such sights or Weed',es. 3. (Page 24 of 65) 13. PRl:r:?Y.MR111. You ni y tees %hbuwl petniky all tor any rortiu a of tit amud use's earlier than Nis Joe. Earh_• pa}mcttes +cill m't wli+es? yoU of leer uMigatinn k+ rnsditnse t,• male pa}meets of srenrd wqubl lrottasl_ RaMa. t14sy??itl reduce the primeipel Isahr4se Joe. 13. MDA- l'1lt_Y 5TA'rriwRxi S AND CHECKS. ?le win "yews a mwwsMly sswchmot far tub billhtj eytk in whkh awd?by Is possess In this acc vne or if their is a debit tw cra+Jil aalaner of mwa dent S1.00 or fir my bilBnQ eyde ist which We IMP= WOOL The %UkV l will shoo advasca nimle. the =Kvm doc rev accredd mgdd Ialerest, papsnew mark tad the battier wbieb you eav. MI p"mC.. mats be reaeri?<J A}' us in U.ti: dMtars a1 aht tcndtmaee mbiress tliselpsed tat )t+tr rmpbh• 34TIiaR sta+esaea. Art stAsWiaq w slCilixe douse may act n year apettt fR rcceiciac pa! tat'Ols ate d4is act0rat. Uakss )nu ntMify of us in wridap Olttletft in Iht statcatcsel tshbil sixty (69) dais Derr Ibe date it k nWkd. the stakterwt shall he etwsitkad earrat ant sompsed by yxa. We rated (lot well )or a timmis Ifw•e dear lhis aecaa>tl ou'ptteetible or If delisivicucy col eeti,+n precwdinps hatx ban stwW by as. V there is atom than ane 1101ma. Mch ape" than if die semrscm is sent ur mw atxcpted by any or yasr. It snail be tc+otl+lcted wrtect as In tad wcocoW by all of yaw. We shall retain all check draww ern ehN acawsm. 14. CRUAT REVIEW. Ile acccptiq this accoo a, yes w6min as to cheek- yvw srodit and employcoM Islaosy MW w MM%Cr my gsractium ale,us arsr etpaienoe wtsb )tws. Vim also:wtt oin us M ckain from ud extba+ae infinmatim with nor Wr"es and cwraprvisi ms. Inkw"jun ago cmdN bureaus was alwouN.ith respect w this wavat. If ytm ask xt with Iell yMS wbe0eer w 4sus a ansrnsrr teed(( repot %;w rcquesla! frost a stroll( bmcas and dse nmae tend trdiat M tae aesib lnweaeys) that pnWI&d doe a VINVO r CFO& repass. At err aptk%% we eta) Mains ap latW ereM butetw reports and inane taificatiiow on)ou as is mats aesaldy eaecessary In prmMrct Our Inw,w. 16. CtINUMIFIt W110111atATUlN. You uadresiod Ow as store tr7ettat" bdmnsalon with PW hank arifaues and wtOa NiV third pus! beat ptfiwms scnion fiv at in conntttlom «1034 this ssesosra tw to whom this a0mem tr(a)y be vaasfaxd. We my ako share 01M iu(.wmalrUw) as a s tNrJ peaty neu• pow i,k. K YOU J0 41r Neat us 10 shaft psrs0nd. nawaraetiON tar+rmadnO with PNC Ilan affiliates. phase arils us a) i :XC MA. P- 0. llnt 960M Phlsbur,Elt, Peg4x}haaia 13226. Re ow w im edt jvw namc addrew amwot ownber(sl ev Social titquNO N "W"W is). 17. 131irAUCT. l uu wYt be in deraull Wmw of eht k.MnNinF harp=%: al Wyews rail to gay any p;tracrA win it If Jac; 1.) If )vv IbU to pay as she amoww of any adaanees in excess of ft meogism Credit Llmh %-" tan (101 dais atke we mail a skitke w )wa dcls won ilic roomy. cl ifyouusetheprocmisol'bansf unabattowUfevaperpownotp.snjLvdUnkrOdtAfteemod: ,ry Ihua cK any FtgrrmK fail us pstxbk us whb as a(rLae.l nna4Kiai uaeatemt apes ww mm)rest: beet xitatmd: cl try on dirt are put in jest!. ow Wa court with ptvpt7)arisdabw w du so f" that )am we H tf }vra nape a assipnasenl fur she berscth of e+edbos, if !sr arc a betaate itaakenl hf a rrntwtx it appuirreJ fiK any era of !tsar pnpmy. ne if btaftspiey w rud-mrsldp pmeoa MV are rhea by or evskst )•r+a; el If tattmt fd?Y a lawsuit cK Aces a jadsatein t4?aiast )tea. w atlaebtl K ievits smaay pmpcny of )4tars: b) !r} ows Jo nor anrif)' us while tae days dues! daage to N+tr taldtesf: i) If y rws base aside any aspae oxvamu of have pro kW m wNh false h)fttmtatbo at si wxm m any times j) it y ran rail to Lap arty ptuatisc or pafnm fury Jody 6t ibis AgrettraK iK try usbe7 hrrl ar ajt4m" with us: kt lt'}aws defarb ((Mier a4q toa0. cnprnshw ufcediG saar?y ajrccintat pwcI or Saks adrMOncal, or any W wr apeemcm. In favor ufatly Odor Cre& rr ar pcrw0 *0 essay materially a tt any or"ptupaty Of yew abtttly M 0rpay this aeenum of pWwm )tier ndigatimns under sbis Apreatw•m: 1) tf any cnxl hr tries to rake may pt )me lwnvny on ar in which we haws a lien or securlsy tunes( (shk incbnks a Zarnislsasewe afar! of )Mr M'enelds NNb oS); 4n) Ira n csial shcoc ebamrc occm in )our thaneial arWilim. ev we iselteve dm pmwa orpa)m s! or perrausance of the a t v M Is hnpairm; ni tryosfait onatabi6i,3nd maimtaltr)ourprimary dgmvilacrirmrwm vs, n) Irony of Ore cvct to JewiM:a in thisjoutiscctbrt npuas with M%wer w aa)' pwranuA.?f ibis a:sounK V) If any paaranav steU. claims ,Kook Rise auumpts ra limb, modify. revatur swb tuiunsom's pairardy of this accowa or any Wltd htaa wish tlc. or q) true- In ft'ad rabh. deem tnwselvrs bssC me. IN. (A)R R1Cd I I'S UPO.Y I)EFAULT. tfa Jtfthlk oanus we xtill lire test fastha duty w pay ehedis a malt aStmtces fnmt this acewast and this ace4nnu win he tamisataL 7Lk %III tgg)?n osidtata pries atsliCe to )arr. true eboom now tech opliorn tP pay ehed s from Ads acesorrrot w ride aJwances aqa•? (Stud" )Oa sytee sba we snag eba*!e Mae wens to tlt;s aaotmt. b' any rwera 4kseeAoal M Sarloas t71n• {0)'+r thl Itappsas. all anamm wltidt) Mr awe tat arsda dos ,%Sr& r wl altar be irpnecdImly due surd paynNe wNhaat pti4sr taKi?c to you or rlgttt In cwt exerp as mmpited by law. If s0.• other neat specilled to %wimn 17 occw& all ammuts width )ow ant as verist this AW06MUm shall be dose aa,l pa)abk imah, al our aptipta whhaW tebsr ?mdee so yeti a riElr w teat. cxtepl as rt'{aired iy !aw•. TM older proristpns of this Apstea+ent wiN tr+ntbttte lu apply w this aceatrsl If we }el a jadjmimt idler defaab aadror yea test a t)cblor in m name Ised yb w ard- you anebr tit UnAruptty Co& unless pntla'bital by applicable law W rates apprmable so this =cam %M stsvinat to apply to the I+AWM an this arntmn. A tkfatdl rntkt this r?>;Me111eM is a default taakr e'en t>tAer stmt. bva spt?YSnent or erred! ageerasens (bas )on hire xitb res. Ur m Jcfauls. if we dttlac aw quirt outusWkv principal. LM jWW interest and Chan" ea your account iattawiedy dw and Astable. )nu must pay dent arwwttt inlmtdlialdy. Upon )aW "WL we tow larm" the inters" 16bl n vp to fir pertcaospt points (M) air the ,.Miald? hsetess Inc am Ibis accmw. W athsw0d bylaw. ??e may hire w pay stwamnt else to beep us eulkct this atasam if }ouu rail to pay m accardaswe xi* Ibis Ayrtsanart. Yon aayyvar to pay oar collection corer (bclwlirrll. %Wwut lialwit"L due crest of bs.h0ase aatmrr+eys awe Stitt. %%Iwtkw w new we bier anymw else to brlp ors Copan this aeema Ibis inchnis. er b*l b seny slabs undo apptewhk bw, err aamrreys' fees and koas Cspaars whadw M nest Overe 6 a la*mAL Inc$v bV gehw",&' feat mW I"A exp.MW for bamWupeey peacmilinps (Iseladlty elr cts sit nsns8fj w s irate art' awrnaatic stay pr ia}ancliowsL appals amt aay inkiytal pats" Jwlymatt t»lleeebm screlta in addition to an elk" surm prow iJ?J by lain. )tws mill Jul pay any Cant ants Knot pmmbltN by ogp#lt bk law. .y. [Page 26 of 55! I i `t C r 19. FO.'s. Vow accdwnt is subject b rims Annual roe Jsticrm'bed she the ant pare arthis Apenacm. iiw mifti vet: well he ehamcd in wdvmee mmt the annivaman• dais of ytkr acemtwpt and is not rcruwiible. 20. TE'RMINATION' IIV YOU. You may unnlwlc d is Ajrcanat at any tlwk tips pm mre rot to ddw* b}: (i) maiPml or deiirnina a writk'r miler k+tn dot pdmr we tataimatlllT this smoat. (lit miog as the ctuhtmW% prbteipl bataw d 6c a mwit, dit atttlled mmtl tmgWd imen+r nm the babOM msd aR whet maumrs got in aceadma wMh the aloes of Ilds Aptco mC and Ill) brusnl "y relit *g 0 duds and tuber crc& am-" detkm ii'er)dicalk. %bA me m pwpcgy wA that were p mWW to pmt in mom )oar pet purr. Yna wW e"disuc to be lLAk firr an adva mm stile ptmrlswmt w umdatued ekelht..%my sae rhfcbttas anet Ne xtawe is 1rrmlrbarN may lmc amsicirred friudukm 21. TEMIONAWN 1i1 US. 111u0 silly (6q dap prior ardlta notice to )xa, ee my lamMlatt thll tttepoL %Mb or riUmm0 cult. &W memnoJ fall p)uKat of the autSgatNlg ptirtClpsl haimmte of the apaommtl. drc rkcra d and "Few MMaw im tie balmm ail all Mba ammiats dw M acaadonce wlds'dme Knns efdds Agrcamam. Unless our notice provides abavAse, at wW have as briber mtbliplims le make tam}' new Mao km )- 'ramlavbm under lhb pwapapb ruin PA m7eet sky !beck wbleh emap(y wide ilik Aped"" and whtell rare rrltlcw and hwed by yew berme Ilbe dace m the lamhballm rulMx at aly other hma pods wdv this AptantN fibre the dw os liar urmlmden make. If rc clow"r- at pw suit npdmr, to pay ehada m wale adv=m alkc re lime knobatcd fats mccowe. )Yr spare sl a we any dwW those tows to Mil umme. Alto sssabburLm, lbe Clrccka tab (AhW &vdit access devim. If of itabbe AMch me nor prqurty mW" %cm pmi" ao )'am 16 acccss?dnr aceotmtsstsst k rctwrltJatn immateately. `2 CO.WWW ON Tel TERM LOAM. %Vt slats the tier to anvan d1 or msy pn of We rlwmmull" indabkskesa amber INs aceaumi lea as a1 MIX6p lmml tn>R VIM art racMM eamre, t"O rMidmma silly (60) dot par wtltmM paioalr )oo MN "ConaCOM Nadit"} If we exarcisr tats ripbl. rime Mpi ama}arte a mtnr mtolrhly tl»blTt -rids atr(Itel 10111! pan atrial aci0aal eQ ewltaerled (rill "[am i,ofa IrorlMar7. Lai ) am will be advirasi *r&vb rtew mvaddy Mwwm wirb rerpsa m At Tam Las l clam In On Comeolom Nuke atsathly palraerrc w tits Term lmam !onion fatiarkmr i1w Canenhm Nall= Aa )m baled apart an asatrnirWan period speaMled In the Ovive"Irm Make (tht ^Admwwmhrxiarm nrsp+J"}. SuDS?twal rutsttru on the Tcm Imk IW*m don be d astmMkd rtmd4 sud AM be it the mmi mu sWUmlmed b). US btu IV na M$wy to fully mk%nW aMt: them atwammrnp plem" baleact or tat stawal so asnna W ava the data ,amrrrtap Ao mNrmkmm Paint at me clTcclitc Wm-,A rare tmt the acenu m as dmf the Jak the mount or%wh pa Mml Is C&W ad by ms. Ali m mi mmisp principal sad acvmd Wwtc t %* be dw m the last day of the Aemnitmion 11aimL Pidawkq the Cbevaflam Npdvt the Afacleama Cta * Umx of rice X00% !ball (te mdoa d to time halal amwre of tins tam Lam ftak , Yew may wit rebomw hoax4 s-wkmu of Y10 Term Lama Parlor amless rrd?roide apned by us• 4." pa)mtao Ym 1bN oflhu Tar Leak Ionian mud ride our carreree Ore Ihp rmaahm nfehe accrimw way he reirmukd. An of she pnnishrr mmrlbis AprmnwN"apply as the; dot Imn Portion maeept to Ow eskat imosasislaq with ibis pmmpapL 23. tsUA Lbt1111.1TV. Ne bane mm mpomr'hirry fa Ailm ofarl laasbitr. machaa arembo 1`my w bamw cbccb ar ow otlrr taCaaa wlcieb! wt sea) petnttl foam litpt to tM?k In be 1ttN to obtain a h+ror iom shit xoarrti. Out IiahWq, if toy. for wtarpb0 dirbarpf at o etkC? writim aw this accmmvt is imMpwl w )wr achut dousm Ilishamtr fiv any mom m vmidcd w*,, lmc rein ordds Alpmom is not urottpfal utisbcmmur. 's. 1+ 7-uAtF.i1 57 ti1FDA7tSIxCtO1+pAYhltNlrW))C)iltTl)?AfikxVOFCIlLC1;S. h tedpr *wb%541 owsoplnt• loud. sine dried, amt slap po}MM a(etlecla M eomaection rxb ram icdom on repular bwL,aa d ccLMS acatmrr nisi apply on dtecka under hl?is t;aerrscat. liaw apse atK wissoe rmrt-lead dhrdcs. 1111 rosy Pb?Y a smP pw)wbea nfde?aa ¦ ebeex by pveidirp m srltlr ledrrmatton m the Aaie. mernkr. "Cc. and exact amamJ tdbdlarf and Ceres) or the Chtrdl many bwndc oRke. W by talms of rlibel m a) tit rdlowiap ambMess: Y?C (tale, Capttliahat Cuiatotaer AsakWUee. 2730 t.iMty Aterma PMtsbmsjh, PA 132?2. Yle w1q ww he Ita11k sir pa)Mq a ehal• if ym? ra'mpkA is irWWIV ae,10MI&I in any derail Of k 11111 rn*i&d to ib M a Ilmc and MMKI wblch aftilds ae a aasem"t -ppmhrwil. to on mkv ii. Wr %111""eenify- a ebeck nn this l6cuu m. 25$WON01111'r IW AGREVAI Nr 1st easy amend !hie Apcematt tints sae to lhne ire ray sespceb by picihrE )mw reHam rkeice wires raptirrJ M• In.. tiracir aabcadrsemtc r GI aPlmhr >b caaaamTrmg bsAmbres wi asw fumes naps firs dbdderwiw tadkated in the wrUlta rtwlce. tf )auJn n<K a4tm tr.lK btrmmllry the !swam of ruby abnwldhmwa )-a worst amsisy ur dsf )ow clarion to teaw,iaie the atuwa pMauaa to Seaitmn 20 trf these Tema anJ CwbJitkws wMbb ibklr pp) J„i ofthe Jets wt scar }sac rmr meet of due araarmllttrnl 211. Y# Wk AI-NIN innJ711LS Tot LC. if nkre tiprh ore rersm is idAwldal ac Ibmswa, dAab snob sli nrywt are rgwaily rssyaepq ta, iaJ'iviJmbany mbJ laptdms7, w us fir ps)ohaa in fiAl of this acdarpe. if xe ex1wJ aerlM w )m !y poslhq amY a!irarat IV )vm atY'aYM prior us rceeis xq wtiwen treioe af)sittlt Jeab a irthptery. sutll 40nsxJmxb rhstl be a ealMl snot ImiaJfrtp aAppalMa art )tmf m:uate ahsi bg,na )saw heirs M4 rmp al fcpreldaati?sY. 27. RUNIRO -S CUNT iI IAWk (Air medtmediet wrier this Ajrcemeaa shall amt etmaJadse mat rtM alkibtatise. 211 uLL\Y iN EaR?ACCF?IE?T. rte es, Jcby in epfarc;,q mry Orol,r riplrs ,parr iMh Atrctip+clp taMMpu M>6MIg them. Am tgicn by us of any pnwfskm of rho agre?9 m rip nor be a wV}via of the fame or of abet p kiub om any olhar oeeamlom, 29. ASSWLV.%iFVT. Vem lllay not atr)p1 w *&c mmtse master )par riplde amt photo" melee Mtis A?rarmea, or *kpw )uiu s+Ibrs;mScrss as sim!• anammts )aW pre art: Arty attotpt b} )ea to asslpt note drlCyrrr rIN bt va10 abht ofra efiea. N e wary sssipm may tlwml sU or ear tigMis whet this rlpccrwltl at any !late aithdmm sale cOrbsstK A pmuW) M chum wt aasip this Apfamamt ri,ap >K uwiitbai itr on of dew tiptes rrmJcr this Agrtn'rhtral. same smf)rrw riylrs w m,Mipatto-s shag ivr dret*j by such atCWxknL in. AYPt %Cl'.%U'M Of PWOR AGRFFaIEMS. This A..t1mcmmm ROM all earlkr "emtmts sad jmvm an balovgs am dds ace mrr. kctu&mg hatance s soled testa oaken ibis accom bawl any ,? }^.-. aecoam. jut as if M bad been bi theel before pre liem advance in"" 0& ummi. -5- (Pa(;* 28 of 65) 31. CR)VkRN[%(. I.AW A\'1) C`ANSTRIiCTXM,. JI11tI5t)X-nON. Th6,tpea tm has hem de&-aed ko wJ aeeepkd by as m d will 1k dormrd to 1k male In We Sate %kMroe our Wlke istdis MW two the dm pose ardeb Attmemman Is Wised. Rapatdkra of die Coate of yow eesWotce. )no a,rne Ikae ibis Apectsstue %W k 1mvintN m d the 1108 and IiaMIGlsa a<tbe pries %Wwrobted. la MiMNdmua walk 14c lows of Ow Ctm wbm tvx afliee I dkmd to tha fns pspa dlbis Apmmm Is lowed. gxdm as In ettnlact of lows whL Vow hreroewbiy consent to the atlorshc jarisdwdtwt ttfany AMC n kdttoi aw located for dat Wormy arJatlieW district whoa aw dfka indiemed as the fowl page of this Ap roan d is kw &WA wW Omems Ow all service of prooeas tray be sad by aalienpY reaap6d yaw a"cu so forth cm the Can r ofthlo Apat MMO* ?r??s day a d alkr to q% tieitosid tsids such arlrier. pn lMS stdsenka At oil gv wfi he downedso be tlaJ t wiik dqtmsteaidkiaed io : obis Apeeaksd w10 prrgpst to Haas htksphrt soy ttefiwrs.caforci? t.y wwarJ w jaJynn.a o» c%w6bts ass) Oplas a=dna You MM%.W Wy. asohm any secar're pr apaist wq of Ivor pratow wlttirt any **a sway. now or odicf lbrelsn act Awn&Ac jrwkdwkw Yaw a4uam6doeaod aakw that she vome pmv" In Ibis paraprup iatbe emote eatsenim famaa rm both ).w anJ us. Yew won c any ul jcctiu,t hs aawat anJ mtf <'bjictiox 0 to o etra comcnktd ram in arty aaisa immkowd umler dds Almvm s. 32. SPVp.RAI111.rm If nay pm.lskm ordds Apa<+ mad is bdJ sw be invWW or unasRmaNp. such sktemdsmiws shall no atfcei the ratWiyu?wf?aeeaAtfa. nfthe tenutiniap parisarwofihfs Afmmda. 33. 6iT'IiitAS. rriav?stsucs. TO OM at6ot eakm *RAM" by low. yoo s" nay odw pe.saw «kw iwttawsoes or k oshawfse 1hiJe far this aceswa wah'c any appiitshk staaak of Iia*mh ws p cwdr %Tt da*vW feel p4rwcat. pm m oat aolke of dfM mar. tflnia any clan a of this .%Vccmciw. amt Pak" olkmbe cxplc"iy stated i wokip. ra party nbfspased eo this oceans. ahvaly or as a p emm. shop be Waled ttr.m K*Ilky. we nor knew w at-Nod ireposta y and the toy krapb onimel this mccuu d, er ftkw may party or pwsn r it coma": at impair, U W WAN upset of pntiact Am stq 4y filksest in any tuilatetkl. mW lateens aft OWN tamed tremmy by its wlumut she enascw ( n!, ut msliir ks. agooe. Tee nsay swodil?tkis acearra wtiMtw the tuwlewt of, Jr oatfer sa saJrtsc owha sirs the patty with wlemt dm m nd'irkwk.a is male. Any mraY to as wbk t is rnis and by this Aptousem tram be salt I* us td the address set forth an she first pga es -ML Alrectneld. -6- (Page 30 of 65) BUSINESS BANKING LINE OF CREDIT AGREEMENT ADDITIONAL SECURITY AGREEMENT TERMS (If Applicable) tN:t71,111 )NIS. Wl "Collator shall i dab all pcowd ptaperfy of We ibm wa Iucittdigt On fidmkij, alit MbWW now orsatil or beralin augsiml or mr;Ama OW uhac- - Immerd: 11) u mlDs IWAWkV baYlwraiMarnce t ah-ebim ad atilt cad mckab)osk 16) wctwkks artklamms, sccwiKac a ccuaalc. ceatmndby aKensllei, 0aawAdly ematactf med Isftigletlll plopdt); (1011 deposit emmtC (in) hmnaserss (hs Wm j F-d1 y natesk (r) drtwatteem (6reksRni asudttnde aersbpts) Ivl) tiakl ptt)k?r 1i...d?ttJdYpdecllardecUod paper and to*bk dWkl pslral: is ii) inventory. bd LW-bg' ?amw mater rods In paters. 4* mmaieh used or awemaJ 1; ltsrts?uerIs bwht m be" "In rak ae low or fwW%W w lobe rstsfshcd herder couxam of savkG tab m kev `ptdt Viet we mckno d. Ic-1 1- w xpauamW; h iii) "of tray sawrc. Mclagab dad rbNaatlw ptoJt orl ee 111awM. sgaYttj dap?1,.?d..oa?b..t.a.?s. abe w1 sad P. - I tmdtt • ctmw )mm a comm An suck. el?k w kwu )eewtf arm&m&, aegs giows. Vmbrtp, w ter be p mao.oRlr embdo ? mf R» bss?eC asmer pteproR?s mbe"d In meh ptwds mod brat pn%eetc 0%) Wthalkv ym?m??1h?kal: vdgdcs mW tYmc (m) Axtum; (mh Wlmlaet, ,fad eb%m Kaq•. kkmt&W in Mrhk?p a? the (lank: 10) kw or, WN Huber: (Aft tlrrersl btangUilm of tray Lhd rod docrWisabfebdims pe3mcnl 6aagibles. ?t?Mtse. ta?ti(rrfer i4mmwatlu?•a Sa ? ?wa Codes. objed oxics. te=n b ?d?ow ell exb ft me &%ft eottteser PAM ebmtt ?k ?an?kyok d?`9•a?m? ?lin?e.loft dgm kw b?tdWyrwigcatim m Need er 7?nr1a114Y) books. ftwoh. )warmer m d pot mM oMiesdom eq+l WaL trwlemaets. w*kftnx& teafaoles. kadcmml; a(pSCatiaws. poorukl. ", -1 4tu. dnsbtss, deslps wJ phm, heir seared. eoeum b. Scealm Bonnie aproeatirss, tbttsalar. tar ami wy ?nlrrr tires oteeRtmfR retwtad sad or?esrrtod hwswutoe prenrh.ws. s4tss sed dabs errder her?ariee pottda: N0 all sarpsew?ft? obl4adom ofmM o(the Awsyebes pr pmt, Uv) e11p?wp? u?ty? ? ibu0?mdww la?w.,te?mat tub w hand r In she ih Ws perses" w h? mkuk to m Rum. ?r needs the essrwy or commi of. Ste Nomek or *W WNIU s i: (srf) A tub Coal task e**vmkm em"t. and (no) all salt awl nsa caeb ptoCoerb (Metadntj brsorsttee prnaeeds) of all of the Rnfekts prupeny, all p Woe theraofssd W eeWilbRU Cow! meeasieris ifa:rrto. wktiauilims tberefw wW mphmwmu thereof. ib) '1.?w iA.ersacob" W010% fhb .lane it my and all aria t%i4ming ve nftm ems and all rdneet elerwmemi, inuneatcrw OW VcCu nts. Id 'OblyashRts mall 11clode 011 bars. alfwfctss. 4a•I44 ltabtihks, obitptiras. motto card darks e?ahy perm the lkarata took It" or ia my u*a diem ?r hidtaeet soWdlary of Tie (:%' Fl omm s"Vices eroop. kc. orm y kiwi Coe eatwe pnmcw w (Isere tNtclsJistp Cosy Mhnat accryhtlt Ilrrasi Mwr owsrrhy. tw tdla Cora A11tq ref arty pakkn b Jmtttt?gar w Wt mmww?awtcrR rrf Coq. irmilracy. taupawalan a QLe mme ft rcb/irw an tie notsower. ??bstha wow s ebim (6? pewt?ilirrs wpnl-pehhw Wow is 4uuuc l W sutir pn+'e•,tiwsA »be?her di?at w twiinw Ibchmaas dace aoyelral by tosl0aswra of pankymhw), alwobfe w eteatspem.jahn w ss?w1, due ..rte Deanne doe. Barr erlstina w Natalia arkisp. Mbetber err ms o) ev)dowei by OW amen. pamnty mother hmrswwal: (N) selike under my apectt?•titt, inwaa?rsa of iaeumarl. fib) fw the all n m rrttttmy. fly) Cob ft by MM arm t1 atabm of aeft opmbtY ors (titer arm It. bus r alpaca leak er puaankr. (r) amdsr say iwemA or mmmey swop; A*W. MOWS err sdns ieserat tale prokaica w sinibr aptiwsteal. (••i) a?drr ?s by rew4m at any SWAP em mocy iraasmim fimma opdm or ether rWW am mdkt ptoridiss 6W f?c rumb a of oar cwRr•y in t?ehr?pe ix Wt sak ofaerbar tstrcweY w lanwy caber eititnr? (vi) ilblaj out afattm elga?!II w ai?e erdRmb a ow of rieelrorek (casts waiu&+s IMucdter M Mint Wmrer a thtpojb w mwobsd ela&W bmmes w cdwwise) crew sf d.c sews ttrtpsltl oC m odwY failwe of the Hank b wehc limd gw)nKm Aw. Cosy drab. bees, kshi aSrs. ps)w ml onler m ad a depuak w cme in a dgWk or erdw accrnm6 err can nrsk afael:'s wc04melpf ewer W*0101• in eoka fin* a edwmia trot brig msb wbule fr eonmipakm nib depnskm meover 4kRGar ammpwxab: sad wry aw?enetmaaw, extanlrars, en?e»ab ad iaerewn *f W to Cory or the Rwesobw fwd o0 WW and evpaucs orates Hart bwwmi is Me deerwmewaticatr mcgoddbm, smmillmiwt. cm6mcmem edeedort and od?cmise In a mtaakm %% slip of ft rmcaobW. ieAWdm¢wa»+sabkSam%)i ca*0 WAexpemes, (i) -tfCC" ttstams lAe Ualfwm Ctrwaaeial Cede os ajmwd mW emeted Coed ala Am bum time w than is dw Stab sk" WW I?mems purxwme b the Section of this Ap =mo tmWcd -nmemkq Low and hrbdkthm," Taws weal bwda Mhklf are ddirred in Ilse UCC aW mw mhemise delbrrd berth *A Rare ft sapecike m animp wctRRd as such tams iw On =. To oe spew Me ddWdm army cmtvvy .r pre of enfla nd is mat ided by my maem brmL mod(kad0o at m Wart to the MC. sech, tmWilkd drfit kk a will m* awpvRaduR) atMdse daceofasd? aaftaiR?rm1, noeewifiralinn a rerisim. 2 GRANT OF SFCURrN MURMT, To seen the Ob Rodin a Ih i ll wrow or as aichtew. U••rdry anijm tai trams to ?hc 11Wk. W seeorcd paay. a nmdwtittg 5W ?Ri OW scarfky letcfeat IS die [fthmlend. }. CiIAWall; ITS NrNIE OR I.uCAIMNS. The i ou6sn bmby spurs that If On k%VW of the ChOmmsi elwspcs fmwt the Ioeatiert?(s) IdeadM m dk 4m papeaf lids Apcomme. a Woo wm9wa dwgp its anus, hs q j4 of m wtl m wt. its teak of mpaiivatke (if ttermwsr Is m restwiral wsadrad?el ter pdscyal sethitmee fK 8mnarew b err iruli••bbsli, ks ebW uceesNrcoAkr (If 6ontr.raY 6 a pnrremt Nrovenkp w =-#q&WWj -8-g" m) or cilablidws a tans in Mkkh it may do bumlivu Wet is rtml Wmdlkd m Me am pmc or ols ,U-m ?tem. the Ikwowar 'AIM' ?ewcdfaaely atoUlr the Rant a Mtlly.of die adrfitkrw w ehaese. 4. RVf%BWT,%MNS AND (1ARRAN"nK Ike 110M% a mrtesa 11L wmswilcad gwaiama blk )went ft (2101) btb mthxr, inctrrlins its twe of mfauLatiua. jedaScfiatf armpakdki , cbkf emaoc silks. sad (fa hAki hnls e*i plimiId mWcnft aM m as rcnik vo bkc Ika oW ofttds Apftn q WA sac titre AW **M pr(ki do kg wk (b)1kw i)i>mmu boa PvA nwll?Ybk Coif! ifidckasibk tklc k? rite Cok:uetal, bas ttW ttsatid sfq: ppkr s0he. plcdot, elmaesbnacr, tpaipaanR oreiltrr ttbpslilan ofatp nfibc CeikaeaM.01W Ibe t'aYsccnl b lire foes sR c+?c?mrdvarw sad t4hts trf sebrfref twy kinJ erce(s thr lien W dew err the Ilwde nursed b)' Oek Akroseelib le) exocpt m patio pm?wAU ux lMrre?wv Mia mn banana Mirirost the tleult's pa+r »riaa eerw.rn st(1, ple?1ps, eaartrFtr, wslp? w adwaise elLprtse ormhy of the Cerlkasal w pemdt wry r4bt afsw?tR. Ika w snwb)NuaeN baslst Wens eaept>n the IIaeL: (d) elk Barower Mip defpW flw CoHa cW -WA all shims and dmsndr Pfaff pnuvw of any liar ebk ft oe scare w amy beteacu ilwda. (w) cub a:cum WA pt steal baas$W if ieckkW is the &-R*W m oftWbkral, Is [amilm sad 06mabir in ammdator wio Its kmrs std Me aoffma r(p defend the twin aphw afl chlats sknzsW sibslrs Cori aweotcbbns s Cow titm asserted: hsd IA td else Ifese ay scCotwt of Scepad h "V c Woman ssbjict s? Wit Armeww?n. such accom or penaat Wifta&,oW fa: a p W fwd raN aeewew tepraesbrp a bewa thk salt or snub ew scnica M• der: .7. (Page 32 of 45, ah"mocr am sect isor`da will ferow lien eftipt+d in the ra'apecaice scam deMots or the anioot win Acre km pafawud AN am ropwive what rkivars. WA ro web aaowd or prow d intstV W will be s kjeet to arg• ekho Rtr oaedR ailowa "w pollwi aeslt by ony accwnrt debar rrt mj wove![ "me or c"Ierelaim. 11MROWFRS COVENAMM. 11bt ltasrowrt mama dww it ". (a) Gem titan to !late vW is ell trswotbie !iota lion doe test!. by or fhwtgh ay of its offl ars, apewu, othwoeys, or accow4wm to ewaawiwe our io pan the Colalaal. wa tify aeaeaw akbbm of Ate OMAN waolp? breeze is aa0aarrI and okabi vskidws and credits of ihs C101MCCIP, at flan lieasetreds OPUM wbantrw bCWA* VIC HOM%t r sbag 66 ORAL Oft nOM and ddkO a! well sddirk al and farther =K daiipt dwolt, asawoom cad k* wwm a At Am* !!eery require III rest b ad tssm Io be Nark Is tltMs herwnder and is on to the Cdlaacrd, owl the paicseds flatcar, iwlWft wirers ioow lnwlkrdr. rraeshsosarnw raW aoapptsa ibe Ilorooraw apses del die 11ak has Ibe elthr w wfif (an kwaka or 96c 60 sworn ddom and aftr obYlors of p qao ant any CMbkvW of Its asslennc d b doe Honk and that all pa)trtemt Aterrwt shodd be wtadr diwaly b dot Raab. and tlMl dos Asoh 6r Roll pater and arlwiay la collect. cmgwvv)se. CRAMSa sea err w hemko deal witb the Cadlaleral In its own mw as 69 a the ihwrower Of or firm upon w E%M1 of lhfmsh. thl &CM the CGvKt i M land ookr wad aepair IS all /taws and hwnwdioacty verify She Dadr o(aey Oral eawinq; a wtaaerial loss to deeraw in vakC of dw Cb1Lil"'AhrOcr w FA covafrd by Mmme, and the aatvwwI arauh Isle Of *pWbtlAK te) ady mi a patwit the Coilaersl sa t+e fond M scarnswoce wipreN appitWk fedaaL unite, toaosy and twtrdeipal taws rod fccuta l wwt and id) levee vod aw4w«t htstro w" n ail Times whh ftgMI w IN CONakral assbos risks of tit findsAWII steals l e%kwm cm=406 Wen. spdaltior leakase. oW a" slabs (bulailinS slA offload irony Cotraal Is mobdoimd at a haeadtn is a Acrd itanad goad as dtc Vert may ugaire, In sock how. b soeh wise!!. br =A-I wWmd wiMors by wth cow(&" a Wr bcsetblbtltay to tit nook in ho wk thaw". Iasi Uxb hwiapc, policy shall cowatn a atswdwd Latahah last Pagift Close hwal in indrpf Ate Hole velar,&kkb all lasses dtcacmtda shnfl hr pad io die )iad: as bo Rtft meow altt)r Itppatr. %Cb shat vwae pmww dw fit a g*k imwawc eaaorrt be alleird err eaaaacled wiMeiA rw leaow ahirtr pOldefs ptfot vlllew tstdsein Moor look and call loo ma the Natd: a itwfAsto oll" floc alt aw raOkq a flx ISoratwew. Ups Seri hm% s dewtrai she !!mover " 1Lndah be Nome wNb rhy lic aeishod poNda of larnaeee ar awo onha s?hkrtaY erbawworete as the iHntt away ta+gahe. b We scar of 13ibr1s a pot hk (wwnswse a iwelw ptorliai. thi tlak wooy, at lu eoptMno. abuia such kMWMu ant ON Ilawawer shop pay tan Moo Hank. Orr dewsad. Ae Cove !hazes[ haccob efbuotrnow era) be qv&d by floe 11KA w redwcc *w ObliSstbws or to ropalror sldtes Collateral A In On llp N sole diacestlaw b. XEGAIIVF M.EUGIe: W MNSFER. Tlw lkwmacr oil ail at of o(kc d wU a vl wmkc Uaasln or plot ar Am dr? impanskfvw of a am w Accoow la mw Irpoa The Ctdbww (except In solo of Invewasy cad esNedieft oraia+rtneo in the lw~s Willow knM of t"UhMS) as Use any portion wwreor In say mrwar wervo)asewt with this Aparmrwl art With list team cad CoNaligaill or awy piny err eot?n?-tx srne aeceattrr?,l. rraew?atra a.a hKwwl re w. d.awatan arearawe?: 42) The Ikwroww wit, on the RAW % olcowd. woke Potal lim on Its boaab and !tennis siwa irg the No's utvrig I - - cad matte arailuNe to d w Vaal, shkrr% noel dourery reeelpu ecMnW fl the shtpesas erthe Vend! IW Hasa eLe is as aartaw easy Wit atedRealK tK odor Iwstn! dw sadsaicbay perbrwwaee Stet sitaiess chat pre tier a w otceoaat. • aPl' of the lareke h ratb acpwat and c n*% or Any %&ws aawWW or tldrr lhvn wbldt in ec4wtaw arses The honewa sling ptawpt13 twdfr dr Hot If two Strttvwot beentuus eablreeal of aKared by an knownenw or dowi 1 parer and arm t hr DWA's regaert wltl prawpb 4dWerwty sarh IaswomoeM waitand paper Stan the Baer!: hiefnotng my later eof tndhdrrisued to At limmerto %"on a ebipawrwtof iarctttwybythe llOMV*er. IN 'fhc Hetrrowa will pstvq* adrhe the Nast %bewerer an saeoewt dcflm roflow so mulct or ,tarns any IM& Inv, ells cats of wbida an aWrAd !nose ad will cuoq* wM any in orwilow thu tlw Hank way Sloe repnlfnw Nan ak or odcr di rmhlon of such rcre,ns. rrrrm dope se tine with sowya yatpacacy as tier teak may &gsest the 1lorros+a will teener! fo the !land! erg noodles plan o acpwvo? ddwws an 1311 aecanws. kl Tlw Ihrrra-w will Uamdirely Mary the (t;wk tray scamat Nita cal orew*nu wide flan ltdtal sme, wary dc(sut w"t. accoey ar inAnmtawa ly thereat and wig snscvte any hamonc m and take any sups repaired by Ace Aaak se *a ap aiterdo - doe and so lsrawne oboe Whin srado trM"d !herd! he asApoed to W Hack newt wwioe of the aatisenita riven to mod admmkJW b) due yrpro fnate coiatietnnwat areaw a avilwWwWa On Fedeat Alrii woo of Cbkas Act (d) At mty dwe oils doe cnaaaace flan Event of Define. ad NWoow wotiea to doe Dimmer. dm Hoot now dkea any paWft wive ere irarh$red b Of 1lwartO an My Calreral eansloft oraeeamro a Swan) Ipt"yoleo 10 wales pgavet disctb• a W Hank or t)w P *wM doe. •tbe Hart is MdhwW fo the neatiprs N sod?tttYOrwa ddira fan tan, seela p9)wwom, and fbs aanownt rklssts oil.a ptotaw b. enakiwj web ps)wtaws a Ilse Had:. Upon die low l; WAM ngtenf. the Hpnova win esumbb with the Nok noel wvirM* a Mckbmc sma w ClAdbaC) OM dw tbnli ad a.delmiorywcow ys) rcA* Cell W$ Altaarlf'i'ttl* the Neat $alled to tits pow kkws of Ohio cad raelbodaw MOW yowsrn o an woe ltaak rnoW lerAm awd its Dwiwww dad sot 10 weaver dMM to rawk paawtewra d&eeiy to woe I.odlwx. Tbacolkv. fM& COOMW hl die LwckbM slut be!WA&na) so dal Cade Ce lewd Amoert sad Marla in flag Coop Cagatertd Acvow shall be apprsd lry AIe nJwlt. logy. to nalrce ATr osuvrotl4 ONnSM rom IL iT)RTt IhR X%SlJ1LV' QL The Hammer Aeueby hssaara16oy awhw(HS W Rah to - - - o¦ fbw bAw ordw Hoaawep amt rite asatnst chi llorcasna crow sans paoaeiwa condoaaeiart w wawrinsow mat, MIS pteasmat b die UCC in lbtm 306hewr to iks Hai;. NJ the lkvrower will pay the cost tar prcptttbq and Aft the span hl ten jositd aioas In abide Stud! ducts k da wad by dot not w k vccamy or daiohk la artier to learner. "nerve wd prsteel be, seawky hokwits. Ir "Ind by tbs DoNt tar Roman r ON onaaiy an daaowepi nkto necessary ran doe tlarok ><, oMsiO and w1 ,ola1 parsetion of lit "why Inwrem in the CnNrewd, fr any Colta cool coaAtu err karir of cic& _g. (Page 34 of 65) livu. clalmrre ebatta raper. depurate mmunes w sup{vlydrtp ablptioas not eabNab w ukb die !lard; w ale of ill aRilalcs, tx ary Le Naves ctshkatcw. searGia accomlt. Casalrhldcs atasm6 conplniida C M ct or otltct Ien tsa t pcopM tba as the Ww's ft"M rite nmwner w all e.aswa oat will CM* dre akpaxiary 1111141111111111 w scearhka Maamedisry upon whose books anal etta"k the o+,wadd Sntassl rf the ila.rra" cr in w.•h collaklol ?gKarr, In a eaNit sM& Pruitt! Apavra , MW Ik im rt1 Civ" Ante ww* as v6sr Wenecye me dte Wak tkvrm nacccMV)• in ~ Io Parc . "Win and prom, (its seearhy iweral In arch colbMeal, to ebhme i a am MIh%aay w qc matt. 9. E VL•.NTS OF AWAULT. t11e IlorwwNrr!ball, al /be foal's dpWm be 1e aI[fioN Itsdcr dds A9lecptalt upon Ibe tslppaNlapof arq of Ibt foSlaalinL at?tas w tsrhpbdavm {araclL OI `littrlt dllr6ah"k (sl srif C•tart of fkflrh las dellaN b pry aifdl! Oblpli0etk p)mty rleGtnil ender oar of the OMi=atllras Ibat does nrel kart ¦ deReod Bel of'Erats stf Iaefarrh' e1M the Wile sf rtg walk! a etta }eebJ prortdd ilt salt gMipalbMs wldr retpeN to NINA ddwk (6) detrNerd by dW Baal otabr say a<dat OWWDk w OW JOIN! a arsatraal fw - 1: NO the (MOWN by die lterroww ks ptdv m aq' rd bs aftdom tatdcr Ihb Apndnay: (e) idsbr. Orm weaey or =MW Mriatlt by dsr I%nuasr d say urban 'Awmaty, ahveft"*i r Ir ataterlroM Walk w Sishbed la Ow MwA by or on bd if of ft Ilamaw.. IQ • w&wA=d tesanI lets. Owk dalrttgr, w 4csin dia to my 9f tb! l'bMikrai. met coy efw4 jaapalt aphw Are nummen w my Sm mpba or die tad*q of any kvy, Shaer or stmdweat eror room teNalerd. (O dw faalar* of** bmt to ktx a whew dM lriwkystewaky W am is the ca6lwal: (b)ow iaNdiadkael w n idaa leesiral by die [bad: first Ntc lbwwNx wy bats tLcedy w kWliettiy boa eojrpaal b pry 4pe of pdnily wbkk N 14 mars &wtdrvk m'ybl rash in tree ivJitkare orany )ropwq' of dw 1Mrrolw to any punwA red cwhy. fadrrA sate or bteai: w ti) in be floatTOWMi,td"MWfkswv . to. kFAIEDiL•'S. Upm dw oaarrmw of my swear Ev" of t'ktmk mod at ally Ibee dtev". lbe Bask Iraq tI I dl Ob1l&miwls ,enee? beNt?y banlalbaely dar,alyl payable and sbdl hare. ba sJidatN m sty NareaYa prarLk beriwor by nF sppIlaW kw or k story. all qK rerucdks of a sccaaal pang tmala the flit. the ikale's aerteiiNS bttl.dq hM rtn 1101 rhlllerd IR Ibe tybs p ? pcarnlty by bs ataw steam of Nhh jUdkiai aFdMIKC traaNt Ibe IhxrcrwaN/N Nnaaba MJ Ott pnutwdeca of lire CNkrmt witlrorl prlo? arrdw so dw Anaaarer w rbc ol7avershy it a Ireaitq. M? readwtee Cttllalwd srrswlde. k1 dig?Nae tithe CaNlNCwa1 cr dte 8aaonds praa??.Idi rogaier tie UorNOacs m asseethk die Coluaal W matx b atdbhk ad Ibc ft* m o place de *wW by die Deal!. Neal lei u Ibe UMikd ll+set rapt SnOw to Saul the lmmtwe/a, Dail a ibt Hack. Wess die CO{Ialerat k pe bkft or tbNaltea M daefiss spateaily ht tNS?rs sr b ds 411! arwlkeNerRy ndld m a cca Vied modca the IWIt Nail pke Ike lkwo?bvt nswa W k soaea d the ium aed pbm d pay puhlk ask dtnmf w of the than ada rbkh a"' pirvaaa r Wes say ad w bkWed dbpos" tbamf b bbe Ward!. TMe r?etlwrteam ds+ssaweidly traarnbse rtrNlOe shat bs rra if NO aria is seal W doe IMrwaa at kn a we tlq daps it kc #a hate of ft lemeded ark or dhpaaidoa. Ona tsar of pd*hw haw bq- prclwisa ixsale. seMrlp w Yletit! sYa4 lNeeretk lbe !fade's Ncmar*k sNwesy's *UAW h:pl evpale % bKlartd w eafaadcd by the iladl m csAvice pry pa) rarw doe k rrraki qaM Apaaaram dlheras aptlat wile IlrrrowNer. n< b1 dN p?e?ler? w ab:keNa of aa•redwL w ewlaoelnp aq rsawa vauistp oat of or t:osllcdnq ellb the asbjaa w mar of dds Apeealnll wad t e Coluc at plaiptJ bmow it. the ltw A%a awsn ai alcr awn an rrppnbcaatt ar rsersplba bus mw is forte or hw atw eaaetat it. AUrIMMITI1AM. inadr hMpottymsbolliA&mcws.•drwd!MolarieIrisApaxaew.doeHrrrp11er11umhot*iwvueably atharih arty allker er apart of the IMark w. {o) otdaix Iles Basle tithe Narottw a >rOr 9f IYr IMlarw,sh adfi0ar er apattr Opos ray chec4, draAs. rNSnetey axakrs, w Wbw imliwlnlO afpa)nNwe w coKmwd Its! rag ilea! lava tilt Mast's pumeNeMaa it hrM W part peytpem of ;sty 11614SAP w: !blase ix. Owlwtabe, ftwe and ukvm aH data: x0 egrrtes with rofm tR die coibkw: ow ki si w br die B =MCI. fina"6g. awbwalk" ar Owsshaca "awnwas parwwu M doe UCc, w "I lbrtwal irtel ang paNpewy . ryceeaKasN; rriOabarr f d1s ltaat asd its a11Mas and apcnla m do say rat aN Ibisp txotnaty tat r doer i• Bawl NsNIaA Nita }ewelses a hlNy tusl elTcctagMy as Ibe IMetI/oNtt nuple tx avvrkl afn. 'fhr k.trtuuw hrrcby rettfira tdl dam dtc ItONk ifs uJRnas aed apart Jtadl laufidly du w aaawe a bedaae bf` vblachsNarof. 13. 11Al :MM f Ol' IOUTN'SK At btupda IIL Ibe Baer o", dhcharpe tats. Now setwity htllslsr or seer abet CeCfrabtifo as Many Mad! b. ft CtOMML may par Jir sapolal bounwe on the Collateral wW pay pay Jlx the aabamara, appedwl ce rasps" old ree»,aari.w oftbe Colwarmt w deraadaea b)- Ike H" lobe aooessay. the t mh~ %Vl rdraI a die !last twdewrd the mty p imo so mark ar lay C%FM a MINIa7e1117' Or R" prsuan so Nhe Away.tay rgplfrada i, wad dac CaihrecO aOO will secure ray ndvow" W P"MCw w rsak Nr etpmus so iwutrrJ by dw Had:. 13. NOTWISS. Al Wftl. damarak. retpte %. arwues. Opp Map vW wraw wmsaselestbes segldnd w pwmbtrd baeuaak( I-ttaNkxs) mass bt in w,idap and will be clyatitr Upon sculls. Nodo s shay be Olraa is may aeeaalet w wbkb dre pawbs may Spzwtb ayra. inckrft clederde Fait. Ww kwi lnkirrp the hnepoln& dw-c(ms AWL taeainik wamaksWe and coetstarabd eomlw % kr at iaarly apsvd w ter acoeplal+k ae:lhlds fw)<fa>Ai : trllop Rc WOM afire tat ma is %" pftw" %mba may Weal to r pWs x"m as scI fwrM Nva lltc fins pale d this .\ frccmem a m saeh alter aJJleu as any pally woy pre to Are sldur fix weh papote in sethrttntN! with Iris Salim. ?t'hfaI.XUCIIUKlIA?K'CIa11Cl:A>\7i:d.ILine ofCaaditApeeiecr.P.4b7ta.at. me -9- S. .? `?. fl H VERIFICATION I, Paul W. Minnich, verify that I am attorney for Rand M. Rockey, that I am authorized to represent Defendant in this action, that I have acquired the facts supporting the within Petition, in my capacity as attorney for Defendant, that time is of the essence in filing this Petition, and that the facts set forth in the within Petition are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. Section 4904 relating to Date: CERTIFICATE OF SERVICE I hereby certify that I served a true and correct copy of the Petition to Strike Judgment or to Open Judgment on this date via United States mail, first-class, postage prepaid, addressed as follows: Donna M. Donaher, Esquire TUCKER ARENSBERG, P.C. 1500 One PPG Place Pittsburgh, PA 15222 BARLEY SNYD By: Paul W. 1Vinnich E-Mail: pminnich@barley.com PA 74453 100 East Market Street P.O. Box 15012 York, PA 17405-7012 717.846.8888 Fax: 717.843.8492 Attorneys for Defendant May 15, 2009 A )V OF TE ; ; ,I w MAY '19 2011 ? PNC BANK, NATIONAL ASSOCIATION, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : Civil Action No. 07-5947 RAND M. ROCKEY DBA RA 34D ROCKEY PAINTING, : CIVIL ACTION - LAW Defendant RULE TO SHOW CAUSE A D NOW, this z day of rh ?gy , 2009, upon consideration of the Petition t Strike Judgment or to Open Judgment filed by Rand M. Rockey, d/b/a Rand Rockey Painting, lT IS HEREBY ORDERED, ADJUDGED and DECREED that: (1 A Rule is entered upon Respondent/Plaintiff, PNC Bank, National Association, to show cau why the judgment by confession entered in the above-captioned matter should not be stricken oi? opened; Respondent/Plaintiff shall file an answer to the Petition within ZO days of the (3 (4 of the Pet The Petition shall be decided under Pa.R.Civ.P. 206.7; and All proceedings in the above-captioned matter are stayed pending final disposition i?ion to Strike or to Open Judgment. BY TH OURT:9 date of this Order; J. (- :? _ Q + N --? PNC BANK, NATIONAL ASSOCIATION, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : Civil Action No. 07-5947 RAND M. ROCKEY DBA RAND ROCKEY PAINTING, : CIVIL ACTION - LAW Defendant CERTIFICATE OF SERVICE I hereby certify that on this date a true and correct copy of the Rule to Show Cause was served by first class mail, postage prepaid at York, Pennsylvania, addressed as follows: Donna M. Donaher, Esquire TUCKER ARENSBERG, P.C. 1500 One PPG Place Pittsburgh, PA 15222 BARLEY SNYDER L1,4 By: Paul W. innic 100 East Market Street P.O. Box 15012 York, PA 17405-7012 717.846.8888 Fax: 717.843.8492 E-Mail: pminnich@barley.com PA 74453 Attorneys for Defendant Date: May 27, 2009 2614468.1 r. _..(' _ ? ,. ,. r C.?_ { ? C r _ ,?,,: ;; IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PNC BANK, NATIONAL ASSOCIATION, Plaintiff, vs. RAND M. ROCKEY d/b/a RAND ROCKEY PAINTING, Defendant. CIVIL DIVISION NO. 07-5947 ANSWER TO PETITION TO STRIKE JUDGMENT OR TO OPEN JUDGMENT Filed on behalf of Plaintiff, PNC Bank, National Association 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, CIVIL DIVISION NO. 07-5947 vs. RAND M. ROCKEY d/b/a RAND ROCKEY PAINTING, Defendant. ANSWER TO PETITION TO STRIKE JUDGMENT OR TO OPEN JUDGMENT AND NOW, comes PNC Bank, National Association ("PNC Bank"), by and through its counsel, Tucker Arensberg, P.C., and files this Answer to Petition to Strike Judgment or to Open Judgment, stating as follows: 1. Admitted. 2. Admitted. 3. It is Admitted only that Rand Rockey ("Rockey") executed an Application and submitted the same to PNC Bank, on or about December 3, 2002 and thereby sought a business banking line of credit from PNC BANK relative to the sole proprietorship, Rand Rockey Painting. A line of credit in favor of Rockey was approved by the Bank on or about December 3, 2002, in the original amount of $10,000.00. 4. It is admitted only that the original credit limit for the business banking line of credit was in the amount of $10,000.00. In accordance with paragraph 5 of the Business Banking Line of Credit Agreement ("Agreement"), it was expressly stated that the amount of the line of credit made available to Rockey may change from time to time. Indeed, on or about July 25, 2004, Rockey did expressly agree to an increase in his line of credit from $10,000.000 to $50,000.00. See Exhibit "A" attached hereto. 5. Admitted. 6. Denied. Paragraph 11 of the Complaint speaks for itself. As previously stated, the confession of judgment warrant of attorney language is contained within the Application executed by Rockey, not within the Business Banking Line of Credit Agreement. 7. It is admitted only that the Agreement does not contain the confession of judgment language. Rather, the confession of judgment language is contained within the Application executed by Rockey. A true, correct and complete copy of the Application executed by the Defendant is attached hereto as Exhibit "B". 8. It is admitted that the line of credit was in the original amount of $10,000.00. As set forth in Paragraph 4 of this Answer and as documented by Exhibit "A", attached hereto, the parties did subsequently agree to an increase in the line of credit $50,000.00. 9. It is admitted only that the principal balance, as set forth within paragraph 14 of the Complaint, was $49,376.84, as of August of 2007. PETITION TO STRIKE 10. Paragraph 10 contains no averments to fact to which a response of pleading is required. 11. Admitted and denied. Within the Complaint, the Term "Note" refers to both the Application and the Business Banking Line of Credit Agreement. As previously stated, the warrant of attorney language is contained within the Application signed by the Defendant. See Exhibit "B" attached hereto. 12. Admitted and denied. The Business Banking Line of Credit Agreement is attached to the Complaint as Exhibit "B". The term "Note" refers to both the Application and Business Banking Line of Credit Agreement. 13. As previously stated, the confession of judgment language is contained within the Application. See Exhibit "B" attached hereto. 14. As previously stated, the confession of judgment language is contained within the Application. See Exhibit "B" attached hereto. 15. Admitted and denied. It is admitted that there was no hearing prior to the entry of the judgment. It is expressly denied that the defendant received no notices of the defaulted state of his obligation prior to the entry of the judgment. The obligation was 6 months in arrears at the time of the entry of the judgment. The Defendant's monthly billing statements reflected by the delinquent status of the obligation. 16. Paragraph 16 is a conclusion of law to which no response is required. To the extent a response is required, it is specifically denied that PNC Bank lacked authority to confess judgment. To the contrary, the Defendant did execute the Application containing the warrant of attorney clause. 17. Denied. This Honorable Court does have jurisdiction relative to the subject case. Moreover, in PA.R.C.P. 2959(a)(3) is applicable in the present case. PNC Bank obtained a special service order on March 3, 2009. The Order of Court authorized PNC Bank to make service of the Notice Under Rule 2958.1 upon the Defendant by sending copies of the Notice by certified mail, returned receipt requested and ordinary mail, completion of either one to be deemed as affecting service on the Defendant. In accordance with the Order of Court, PNC Bank served Notice Under Rule 2958.1 upon the Defendant on March 11, 2009. See certificate of Service attached hereto as Exhibit "C". As a result, the Defendant had until April 10, 2009 to file a Petition to Strike or Open the Judgment. Accordingly, the Defendant's Petition to Strike or Open judgment is untimely and must be denied. 18. Denied. Reference is again made to Exhibit "B" to this Answer and Paragraph 4 of this Answer. 19. The averments of Paragraph 19 are specifically denied. 20. Denied. The Judgment confessed by PNC Bank was consistent with both the Application and Agreement. 21. Paragraph 21 is a conclusion of law to which no response is required. It is again noted that the Defendant's Petition to Strike or Open is untimely and must be denied. Wherefore, PNC Bank, National Association request's this Honorable Court to enter an order denying the Defendant's Petition to Strike or Open Judgment, Petition to Open judgment. PETITION TO OPEN JUDGMENT 22. Paragraph 22 contains no averments of fact to which a responsive pleading is required. 23. Paragraph 22 contains no averments of fact to which a responsive pleading is required. 24. It is specifically denied that this Petition has been filed on a timely basis. Paragraph 17 of this Answer is incorporated herein as if set forth at length. 25. It is specifically denied that the allegations of Paragraph 25 constitute excusable negligence. The Notice Under Rule 2958.1 is clear and consistent with the Pennsylvania Rule of Civil Procedure. A true and correct copy of the Notice is attached hereto as Exhibit "D". The Defendant ignored the repeated efforts of the undersigned attorney to contact him regarding the Judgment entered in this case until PNC Bank gave notice to the defendant and the Purchase of real property previously owned by the Defendant and liened by the instant judgment. True and correct copies of the Notices of Intent to Execute on Judgment and the certified mail receipts are attached hereto jointly as Exhibit "E". 26. The averments of Paragraph 26 are denied for after reasonable investigation, PNC Bank is without sufficient information on which to form a belief as to the matters asserted. It is further noted that whether or not the Defendant deliberately decided to not defend is irrelevant. 27. Denied. PNC Bank made a service of the Notice Under Rule 2958.1 pursuant to the Order for Special Service dated March 3, 2009. It is further noted that all notices to the Defendant were mailed to the same address as the Defendant lists as his residence address in Paragraph one of his Petition to Strike or Open Judgment: 423 West Main Street, Mechanicsburg, PA 17055. It is further noted that the Defendant signed for the Notice of Intent to Execute on Judgment sent to the address of 423 West Main Street, Mechanicsburg, PA 17055 on April 15, 2009. See certified mail receipts attached hereto as Exhibit "F". 28. The averments of Paragraph 28 are specifically denied. Once again, Paragraph 4 of this Answer and Exhibit "A" attached hereto are incorporated herein as if set forth at length. 29. It is admitted only that the Complaint does not allege the date of default. Nothing within the Pennsylvania Rules of Civil Procedure require the inclusion of the due date within a complaint in confession. Moreover, the breakdown of the debt owing by the Defendant to PNC Bank as of August 27, 2007, is compliant with all applicable rules of civil procedure. It is specifically noted that the Complaint complies with all provisions of Pa.R.C.P. Rule 2952. 30. The averments of Paragraph 30 are specifically denied. As previously stated, the first page of the Agreement merely states the original amount of the line of credit. The Agreement expressly states that the amount of the maximum line of credit may change from time to time. Moreover, as documented by Exhibit "A" attached hereto, the Parties did subsequently agree to increase the line of credit. Wherefore, PNC Bank, National Association requests this Honorable Court to deny the Defendant's Petition to Strike or Open Judgment._ Donna M. Donaher, Esquire Tucker Arensberg, P.C. 1500 One PPG Place Pittsburgh, PA 15222 (412) 566-1212 Attorney for Plaintiff BAN K_F I N:353162-1 000011-133541 cs? a May, 19, 2009 12:52PM i s PNC BANK 412-762-8114 No. 4430 P. 3 I g,&qi,#qq ?- Credit Line Increase Authorization Re: Rand hockey Painting Tax identification 0 ending In 83645 Choice Creditm for Business Line of Credit 8 0000400304810955445 Option to increase your current credit amount of Slaooo to the maximum credit am nt of $50,000 YeB, 1/we accept the aft of PNC Hank to Increase the maximum credit amount under the business' Choice Credits' for Buslaess Line of Credit to $50,000. All other terms and provisions of the documents Ibr the Choice Cteditm for Business Line of Credit shall remain unchanged. are hereby ratified and confi n K and shall remain in full force and effect uniees and until moNed or amended in writing In accordance with their terms. To accept, all•authorlaed *40mr(s) ibr•the business (and wW gnarantore) must sip, and this doemment must be retarnted by 8131/04. Borrower(s): &J4Z &.. Al 4"M Vdgwrrtee. a ne?ey? Maaft Wd NoTn I darner is s eoventlos, the Ml VA neyd In the reeobfto mast siea. If Sono+rtr Is W perawnw, all teeetal p Saxaemrc Name. aanr.teskev -_-- Tide, D6-•, a - Darn • Guarantor oM a a" pa the aorrownw =0 site as Para") sirnearer Nerve: And am4a DaaryUt--t- For soak Um Only PNC Employee Name. Cwftto w +?+n toyon 1D: Branch 1DN: 4000041 EXHIBIT r ti ? ? 1 Move 6 tMay,. 19. 2009 2:39PM PNC BANK 412-762-8114 No. 4438 P. 2 1. &IDJimm. The Applicant certifies that the statements rondo on this application and any other information provided in connection with this application are true and complete-THE APPLICANT CERTIFIES THAT ALL LOAN PROCEEDS WILL. BE USED FOR BUSINESS PURPOSES. The teft *Applicant" as used herein shall include the buMness eiuity(ies) applying, for the loan (tho "Borrowed') and all other persons who by providing iaformatlon herein may be liable for the loan requested in this application as an endorser, surety 6r guarantor, or who may he a principal of the Borrower. The Applicant agree to promptly notify the Batik of any material change to this infotmallon. The Bank is authorized to make all inquiries it deems necessary to va* accuracy orde ini mmatian subrititted and to determine the Appilcaat's creditworthiness. and to share any In%mution provided to the Bank by or about any Applicant(s) with any third party that performs sorvices for the Batik in connoction with this application or the loan or to whom this application or any loan to the Applicant may be transferred. The Applicant authorizes any paw or cotmalm reporting, agency to give rho Bank or such third party any information it may have on the Applicant and authorizes rho Bank or such thins party to make inquires of the Applicant's accountant directly and obtain any informotion it deems neevssary in processing this application. The Applicant authoriaaa the Bank and any transferee oflhis application or loan to answer any questions about its credit experience with the Applicant. The Applicant understands that all fees, including commitment and documentation fees and, annual credit rmiew fees are non-retisndablo. In addition, once the commitment has born issued, the Borrower will pay all expenses, including but not limited to: documentation tiros, annual lbws, mortgage taxes, fnsuronce premiums, recording and filing foes, overdraft protection fLcs, appraisal fees, etc. By signing below, the underslgaed Applicant(s), who is/are either a principal(s) of the Borrower or o personal Euarantor(s) of Its obligations, provides written authorization to the Bank or its designee (and an assignee or potential assignee herooi) to obtain mylour personal credit protlde(s) from one or more national credit bureaus. Sueh authorization shall exiend to obtaiaing a credit profile In considering this application and subsequoatty for the purposes of update, renewal or extension of such credit or additional credit and for revlewinte or_ eolteq.!pLtho resulting account. A photocopy_ or faesinflic ¢ po y of thIt? authorization shall be valid as the original. By d patare below. Uwe aMrm mylour identity(ies) as the respective Indivddualls identified dtt this application. If the Applicant does not quality with you tinder your standard lending guidelines for the extension of credit for which the Applicant is applying, the Applicant aulhotims the Bank to consider this application under the terms and conditions of rho Bank's optional Expanded Credit I'roamm, w hich is a ffared t hrough :pedal a rranyantegts w ith no n-l NC B ank 1 andors. E ach Applicant authorizes you to fonv and this application, credit report(s) concerning the Applicant($), and a It other r elated do currents and o thor infonnatioa in your p owssion t o non-PNC B ank lenders participating in the Expanded Credit Program. Each Applicant understands that if this application is approved under the Expanded Credit Program, a non-I'M Bank lender may either make the loan directly to the Applicant or purchase the loan front Ole Bank. The Applicant also understands that the terms and conditions of an Expanded Credit Program loan may differ from the terms and conditions of the loan for which the Applicant originally applied. EXHIBIT .13 (Pages tMaY.,19. 2009 2: 39PM PNC BANK 412-762-8114 No. 4438 P. 3 • ? Yes. l/we wish to be considered for PNC Bank's Expanded Credit Pro# . . By checking is line, each Applicant is providing written authorization to such non-PNC Bank lender to obtain personal credit proftle(s) concerning the Applicant(s) from one or mom national credit bureaus. Stich authorization shall extend to obtaining a edit profile(s) in considering this hoplication and subsequently for the purposes of update, renewal or extension of such credit or additional credit and for reviewing or collecting the resulting account. No. l/wc do not wish to be considered for PNC Bank's Expanded Credit program 2. information Sha-ritnr? Each Applicant understands that in order to offer a fall rang of fmincial services, the Bank may share personal infortnallon such as applications, financial statements: and credit reports with any of its affiliates. If any Applicant does not went the Batik to share such information with the Bank's affiliates, such Applicant may advise the Bank of its wishes by calling the Bank at 1477-BUS-I3NK0. (1-877-287-2654) or by writing to the Bank au PNC Bank, P.O. Box 90066. Pittsburgh, Pennsylvania 15226 Including, the Applicant's name, address and account numbor(s) or Social Sccurlty/EIN number(s). 3. T. QMx and Conditions. IrNs application is ib,r: (a) a Choice CrcdIr Line; (b) a Choice Credit"' Torm Loan; or (c) a tine of credit or term loan which may be secured by the Borrowees business assets or equipment; and the Bank approves this application, the Bank will mail to the Borrower at the address specified in this application, the Business Banking Line of Credit Agrowmcni or the Business Banking Term Loan Agrcume nt, as appropriate (as amended or restated from time to time, the "Teams and Conditions") governing the [Inc orcrudit or tam loan (as appropriate, collectively, the "'Credit Facility"). The Borrower agms that: (i) it shall be Imund by all provisions of the Terms and Conditions; (di) ail em4it requested or obtained under the Credit Facility shall be subject to the Terms and Conditions; (iii) any request by the Borrower for credit under any Credit f=acility shall be conclusive evidence that the Borrower has received the Tortms and Conditions and agreed to mho tones thereof: and (iv) it shall pay to the Bank all . amounts-oesistandiamg-fr+onm...tima-W-time-ut>do?atg?Cralit-F-adlit?aaordastcti..with-tho?ctaa>.s•-. and Conditions. The Borrower age to immediately notify the Bank if it does not receive the Terms and Conditions within seven (7) days after submission of this application to the Bank. or if the Borrower does not agree to be bound by the Tornns and Conditions upon receipt thereof. The Borrower agrees that if it does not agree to be bound by the Terms and Conditions, the Borrower promises to immediately repay to tttr Bank any proceeds of any Credit Facility which have been disbursed to, or on behalf of, the Borrower. than S30.QO _Q(Awsecure nIRM if the arnaunt of the Credit Faculty &matod Is greater the ligation (as defined in the Additional Security Agreement Terms attached to the Terms and Conditions), the Borrower hereby grants the Bank a continuing lien on, and seeurk Interest In, sli of Borrower's now existing and hereafter se:quired and arising personal property including, without limitation, all m=unts, chi tel paper, consigned goods, documcubg instruments, investment property, grnaral intangibles, goods, inventory, equipment, Axtures, payment inta>rgiblos and fort claims, and all dash and nose-cash proceeds and products (including without llrultation insurance proceeds) of the foregoing, and all additions and accessions thereto, substitutions therefor and *asm xo -MaY..19. 2009 2:39PM PNC BANK 412-762-8114 No. 4438 P. 4 replacements thereof (the "Collaterat"). Additional tome and conditions related to the security interest granted in this paragraph are set forth in the Additional Security Agreement T.orms which arc attnehad to the Tones and Conditions and incorporated into this instrument by raremnce. 5i Riuht t? o refract 5ocurityIDIUM, If the amount of the Credit Facility granted is 'greater than SSO,000sthe Borrower irrevocably authorises the Bank or its designees to, at the Bank's discretion, take any action and to execute any hisimmeint which the Bank deems 'Ovlsable to perfect the security interests created by this instrument including. without limita"M financing, continuation or amendment statements, assignments or ocknowledguen s, the gorrower hereby ratifying all that the Bank may lawfWly do or cause to be done pursuant to this ppragraph. The harrower authorizes the Bank or its deals= to exceme and idle one or more financing statements on the Bottowas's bchAJ r'which statement(s) may be signed by the Bank or its designee alone. The Borrower gpvw that the Bank may oncreiso this right for the Bunk's benefit and not for the Borrower's benefit. The reraaintnll paragraphs apply only If the Credit Facility is: (a) a Choice CmdUlne; (b) a Chalet Credit" Term Loan; or (c) a litre of credit or term loan which may be secured by the Borrower's busdnesn ustwts or equipment. 6. ciumt , In consideration of the extension of credit from the Bank to tho Borrower and other good and valuable consideration, catch of the undarsigned owners (individually, a s "Guarantor"' and collectively, the "Guarantors") hereby jointly and severally )pmaintecs, and g becomes surety for, the prompt payment and performance, when due. of all obligations owing by the Borrower to the Bank, whether now existing or hereafter arising, including, without M limitation, in cormection with or under any Credit Facility and all obligations now or hereafter duo under the 'rearms and Conditiexts (collectively, the "Obligations'). This guaranty is absolute, unconditional, irrevocable and continuing and will remain in Rill force and efFe d until all of the 4 Obligations have been paid in Rtii. This Guaranty will not be affmw by. any release by the i Bank of any odd r? porty, orant or security hold by it for any of the Obligatioar, by any failure , of the sank to ' prmcrva is nits to any guaranty; or' i- >;y any i'e?rt-Ti y? wior?lriy or invalidity of any of the Obligations or any part thereof or any Suranty thtrcof, This Is a guaranty of payment. and not of collection and the Bank shall not be required, as a condition of any Ouarantoe s liability, to make any demand upon or to first pursue any of its rights against any s Borrower or particular Guarantor, or to pursue any rights which may be available to it with respect to any other person who may be liable for the payment of the Obligations. Each Guarantor hereby waives: notice of aoeepteteeee of this Guaranty, notice orexten lions of credit to the Borrower from time to time, notice of default, diltganee, pr'etsentment, notice of dishonor, protest, or detnarxl for payment The Bank at any limo and from time to time, without notice to or y the convent, of any Guarantor, and without impairing or re wWng, discharging or inodilying any Guarantor's liabilities hereunder, may: (a) ahanlle any of the Terms and Conditions relating to any of the Oblilpttions; (b) renew, substltutk modify, amend or aft. or grant consents or waivers relating to, airy of the Obligations, any other guaranties or any security fbr any Obligt d0nig (c) apply any and all payments by whomever paid or however resibmd, to any Obligations of the Borrower in such order, manner cad amount as the Bank may determine In its sole discretion; (d) 96ge 22 0May.. 19, 2009 2:39PM PNC BANK 412-762-8114 No. 4438 P. 5 doss with any other parson with respect to any Obliptiow-in such manner as the Bank deans appropriate in its sole discretion; or (c) substitute, exchanya or release any security or guaranty. Until the Obligations are paid in full, each Guarantor postpones sled subordinates in favor of the t pnk any and all tights which such Guarantor may have to assert any claim against any Borrower or to any rimlixation on any property or any Borrower. Laeh Guarantor's obligations hereunder shall not be affected, modified or impaired by any counterclaim, sot-oil', deduction or defense b4sied upon any claim such Guarantor may have against any Borrower or other Guarantor or the Bank except payment of the Obligations. To the extent that the Bank Incurs any ems or expenses in protecting or.enlbrcdng its rights under the Obligations or this Guaranty, including reasonable attorneys' fee: and the costs and earpenses of litigation, such costs and expenses will be due on demand and will be included in the Obligations. This Guaranty will be binding upon 'and Inure to the bencilt of each Guarantor and the Hank and their respective helm executors, administrator's, succown; and amigns. 7. RWbt of Seth to addition to all liens upon and rights of setoff against the money. securities or other property of any Borrower or Guarantor given to the Bank by law, the Bank shall have, with respect to all Obligations to the Bank under any Credit Facility or the Tcnns and Conditions and to the extent permitted by iaw, a contractual possessory security interest in and a contractual right of setoff against, and each Borrower and Guareretor hereby assigns. convoys. dolivers, plodgvs and transfers to the Bank, all of its right, title and interest in and to, all deposits. moneys, securities and other property now or horcafter In the possession of or on deposit with, or in transit to, the Bank whether held in a gencral or -special account or deposit, whothe:r hold jointly with someone else, or whether held for safekeeping or odwrwiisc, excluding, however, all IRA. Keogh, and trust accounts. Every such security interest and right or setoff may be exercised without demand or notice. Every such right of setoff shall be deemed to have been exercised immediately upon the occurrence of a default without any action or the Bank, although the Bank may enter such setoff on its books and records at a later time 8..__... ,Pgivgr t Confess JuJ; Borrower and each Guarantor hereby jointly and severally Irrevocably authorize and oinpovrer the i'ro?Gonotor?, gidy gabs°n?y br'assy' clerk of any court of record, after the occurrence of any Default under the Terms and Conditlons, to appsar for and confess judgment against any or all such parties for such sums as are due mod/or may become due under any Credit Facility, with costs of suit, without stay of execution, ¦ad with ton percent (10%) of the amount of such judgment, but not loss then S1,00% added for attoraeys' collection fees. To the extent permitted by law., the Borrower and each Guarantor releases all errors in such proceedings. If a copy of this lnstruntent; verified by or on behalf of the Dank shalt have been Ned ire such action, it shall not be necessary to Me the orlonot instrument su a warrant of attorney. Interest on any such judgment shall accrue at a rate per annum which shall be five percent (5%) In excess of the interest rate In effect from time to time under the Terms and Condidous but not more that the m4sintum rate allowed by law. The authority and power to appear for and conics judgment against the Borrower and each Guarantor shall not be exhausted by the initial exercise thereof and may be exercised as often as the Bank shall lend it necessary and desirable and this instrument shall be a sufficient warrant therefor. x y ?a b a a r s cftgv, 14 May. 19. 2009 2:39PM PNC BANK 412-762-8114 No. 4438 P. 6 BEING FULLY A**%IARE OF ITS RIGHTS TO PRIOR NOTICE AND A. HEARING ON THE VALIDITY OF ANY JUDGMENT OR OTHER CLAIMS THAT MAY BE ASSERTED AGAINST IT 13Y HANK HEREUNDER BEFORE JUDGMENT IS ENTERED, EACH BORROWER AND GUARAN'T'OR HEREBY FREELY, kNOWINGLY AND INTELLIGENTLY WAIVES THESE RIGHTS AND EXPRESSLY AGREES AND CONSENTS TO BANK'S ENTERING JUDGMENT AGAINST IT BY . NFE5310N PURSUANT TO THE TERNIS HEREOF. RURTHER, BEING FULLY AWARE OF ITS RIGIITS AFTER JUDGMENT IS ENTERED (INCLUDING THE RICIIT TO OPEN OR STRIKE THE JUDGMENT), EACH BORROWER AND GUARANTOR HEREBY FREELY, KNOWINGLY AND INTELLIGENTLY NAIVES ITS Ricim TO NOTICE AND A HEARING AND EXPRESSLY AGREES AND CONSENTS TO BANK'S TAKING SUCH ACTIONS AS MAY BE PERMITTED UNDER APPLICABLE STATE AND FEDERAL LAW WITHOUT PRIOR NOTICE. EACH BORROWER AND GUARANTOR CERTIFIES THAT A REPRESENTATIVE OF BANK SPECIFICALLY CALLED THE CONFESSION OF JUDGMENT PROVISION TO ITS ATTENTION AND/OR THAT IT WAS, OR HAD THE OPPORTUNITY TO BE, REPRESENTED BY LEGAL COUNSEL IN CONNECTION WITH THIS DOCUMENT. 9. AUTjiOBiZ' TBS. The Bormwer ag ms that all authorizations granted to the Bank by the Borrower under the terms of this instrument (including, without limitation, the Tams and Condition: and the Additional Security Agreement Toren aupchod to the Terms and Conditions) are irrevocable and that the bank nwy exercise such authodmions for the Bank's beneflt and not for the benefit of the Borrower or any Guarantor(s). Each Borrowor and Guarantor acknowledga and abrccs that the provisions of Title 20, Pennsylvania Consolidated Statutes, Section 5601 et seq. (spcviiieally including Act 39 of 1999) sluill not be applicable to any such authoriattion. 10. WAIVER OF JURY TRIAL THE BORROWER AND EACH GUARANTOR t1't1 l?OC?tIZL1'--1i",t1'YLS -- N'1F _;A1dff ) ..-ALL-...-RIGiff -- -suCH . -S0RR(AV&R.. OR GUARANTOR MAV HAVE TO A TRIAL BY JURY IN ANY ACTION, PROCEEDING OR CLAIM OF ANY NATURE RELATING TO THIS INSTRUMENT, ANY DOCUMENTS EXECUTED IN CONNECTION WITH THIS INSTRUMENT OR ANY TRANSACTION CONTEMPLATED IN ANY OF SUCH DOCUMENTS. THE BORROWER AND EACH GUARANTOR ACKNOWLEDGES THAT THE FORECOING W AIVER I S K NOWING AN D VOLUNTARY AN D 13 A M ATERIAL INDUCEi1IENT FOR THE PARTIES ENTERING INTO THIS TRANSACTION. i G (page May., 19. 2009 2:40PM PNC BANK 412-762-8114 Cuarantar(Qs (All ownmm d prine'hub a4w Yomwwts) mat sip ar asarastml No. 4438 P. 7 s gnattrro rid nt Name D ?- ale 010 10 Corporate Resolutiw (rotCai"mte Bore %vu) RESOLVED. That and /or arc authorized to apply lbr credit and enter into binding lawn agreements on behalrorthis Corporation; and FURTHER RESOLVEP That each of the abm-naaad *Me= is authorized to sign and dWkw any loan ! pOrea, wctlri s by ?iad rttaawait madif ioaticlu mumion and otter ap+eamannt oa baiuif or dd s Corpuration (any oC we stay oomtaUi a waerant of attorney ?ahoe?thtg Bselc? waf?ii Corporation for aU sums duc cr io btxome duc by the C wperathoa to the Swk? CERTIFICATION. I certify got I am Secretary at Aulam Saerotary a dw ©atrcfwee; the Raping rosalutloNs %=. adapted by rite Rurrowoft Board oC Directors; arc In PAI hi= sad miter std have not beat moMad or revoked: and due sigwtum and titles fief tbeth oboes arc the getud a siptatlass and tithe of the persons wasted, x Si mw* nft adwy or AaA aw Sow" my two K110C0:.?A AM?iwrl'A-0Idr-0t 3 s r i f F t Ilotrowar(:y liorrawer(eI: ffircopKa"how"81-0110,91ft MAW %IVrE Irneu.wubs.egesedaa.la. tee+sMislhseaaehod IiatauMlip. 11 tr aww wwr b s pmlrerM it ea aeaaet P +? F OP ' 7 203j 6% IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PNC BANK, NATIONAL ASSOCIATION, Plaintiff, CIVIL DIVISION NO. 07-5947 vs. RAND M. ROCKEY DBA RAND ROCKEY PAINTING, Defendant. ORDER OF COURT AND NOW, this day of /y?? , 2008, the within Motion of PNC Bank, National Association is granted. It is hereby Ordered that Plaintiff shall serve the Defendant with the Notice Under Rule 2958.1 by sending copies of the Notice by certified mail, return receipt requested and ordinary mail, completion of either one to be deemed as effecting service on Defendant, at this address: 423 West Main Street, Mechanicsburg, PA 17055. EXHIBIT 1' V I. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PNC BANK, NATIONAL ASSOCIATION, Plaintiff, vs. RAND M. ROCKEY DBA RAND ROCKEY PAINTING, Defendant. CIVIL DIVISION NO. 07-5947 -, -+ Certificate of Service of 2958 Noticd?,' Filed on behalf of Plaintiff, PNC Bank, National Association 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 NO. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PNC BANK, NATIONAL ASSOCIATION, ) CIVIL DIVISION Plaintiff, ) NO. 07-5947 vs. RAND M. ROCKEY DBA RAND ROCKEY PAINTING, Defendant. CERTIFICATE OF SERVICE The undersigned hereby certifies that she did serve a Notice _Under Rule 2958.1 of Judgment and Execution Thereon upon the Defendant by certified mail and regular mail, postage pre-paid on March 11, 2009 at the following address: 423 W. Main Street Mechanicsburg, PA 17055 Donna M. Donaher, Esquire BANK FIN:348119-1 000011-133541 Attorneys IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PNC BANK, NATIONAL ASSOCIATION, Plaintiff, CIVIL DIVISION NO. 07-5947 Civil Term vs. RAND M. ROCKEY DBA RAND ROCKEY PAINTING, Defendant Notice Under Rule 2958.1 of Judgment and Execution Thereon Notice of Defendant's Rights TO: Rand M. Rockey DBA Rand Rockey Painting 423 W. Main Street Mechanicsburg, PA 17055 A judgment in the amount of $57,604.63 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 EXHIBIT Tucker kreilsbe'0, P.C. --1500 One I- PU. !glace =?Ittshurgh, PA `52-22 N. -z 'i 1.55C.I 21 uC?:cilciV?'.:;Uii 1 N. Front Street F.O. 50- 689 !Harrisburg, PA. 'i 710& p. 71 1.2 34. "11 = 1 ?' ! 7.23?..630 2 't0i G\JS AND PRESENT IT TO A JUDGE WITHIN THIRTY (30) DAYS AFTER THE DATE ON WHICH THIS NOTICE IS SERVED ON YOU OR YOU MAY LOSE YOUR RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER 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 Lawyer Referral Service Court Administrator Cumberland County Courthouse Carlisle, PA 17013 (717) 240-6200 Donna M. Donaher, Esquire Tucker Arensberg, P.C. 1500 One PPG Place Pittsburgh, PA 15222 (412) 566-1212 Attorney for Plaintiff BANK FIN:310422-1 000011-133541 ._cm!. i 2 . 7 . , .2?. ..,u0<:'. TucKEERIARENSBERG Attorneys NOTICE OF INTENTION TO EXECUTE ON JUDGMENT TO: Rand M. Rockey DATE OF NOTICE: April 15, 2009 423 West Main Street Mechanicsburg, PA 17055 Our office represents PNC Bank, National Association ("PNC Bank") the holder of a judgment entered by confession against you on October 10, 2007 in the Court of Common Pleas of Cumberland County, Pennsylvania at case number 07-5947 (the "Judgment"). As a result of the entry of the Judgment, PNC Bank has a lien on your real property known as 423 West Main Street, Mechanicsburg, PA 17055 ("Real Property"). The total amount required to satisfy the Judgment as of the date of this notice is $68,397.61. Interest is accruing on a daily basis at the rate of $18.17. You may satisfy the Judgment within THIRTY (30) DAYS of the date of this letter by - paying the above amount of $68,397.61, plus any additional interest which may fall due during this period. Such payment must be made either by cash, cashier's check, certified check or money order. The instrument would need to be made payable to PNC Bank, National Association and forwarded to the attention of Donna M. Donaher, Tucker Arensberg, P.C., 1500 One PPG Place, Pittsburgh, Pa. 15222 If you do not satisfy the Judgment within THIRTY (30) DAYS, we intend to exercise our right to execute on the Judgment and against the Real Property. If full payment of the stated balance is not made within THIRTY (30) DAYS, we will file a Complaint to Conform Confessed Judgment and then a writ of execution on the Judgment. If the Judgment is executed upon, your Real Estate will be sold by the Sheriff to pay off the Judgment. If you have not satisfied the Judgment within the thirty (30) day period and execution proceedings have begun, you still have the right to cure the default and prevent the sale at any time up to one hour before the Sheriff's foreclosure sale. You may do so by paying the total amount of the outstanding balance, plus any late or other charges then due, as well as the reasonable attomeys' fees and costs connected with the execution sale. It is estimated that the earliest date that such a Sheriff's sale could be held would be approximately September, 2009. A notice of the date of the Sheriff's sale will be sent to you before the sale. You may find out at any time exactly what the required payment will be by calling us at (412) 594-5533. This payment must be in cash, cashier's check, certified check or money order and made payable to us at the address stated above. You should realize that a Sheriffs sale will end your ownership of the Real Property. Moreover, if necessary, a lawsuit could be started to evict anyone in possession of the property. EXHIBIT iv Tucker Arensberg, P.C. 1500 One PPG Place Pi 66.1212 f. 412.594.5619 www.tuckerlaw.com 111 N. Front Street P.O. Box 889 Harrisburg, PA 17108 p. 717.234.4121 f. 717.232.6802 s ? IUCKER ARENSBERG Attorneys You have additional rights to help protect your interest in the property. YOU HAVE THE RIGHT TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE JUDGMENT DEBT, OR TO BORROW MONEY FROM A LENDING INSTITUTION TO PAY OFF THIS DEBT. TUCKER ARENSBERG, P.C. By: , Donna M. Donaher, Esquire Michael C. Mazack, Esquire 1500 One PPG Place Pittsburgh, Pennsylvania 15222 (412) 594-5533 Attorneys for PNC Bank, National Association cc: Douglas Ford, PNC Bank, National Association Daniel Austin, Esquire BANK_FIN:350043-1 000011-133541 Tucker Arensberg, P.C. 1500 One PPG Place Pittsburgh, PA 15222 p. 412.566.1212 f. 412.594.5619 www.tuckerlaw.com 111 N. Front Street P.O. Box 889 Harrisburg, PA 17108 p. 717.234.4121 f. 717.232.6802 .,._ .- TUCKER I ARENSBERG Attorneys NOTICE OF INTENTION TO EXECUTE ON JUDGMENT TO: Blue Skies Real Estate, LLC 423 West Main Street Mechanicsburg, PA 17055 Blue,.Skies Real Estate, LLC 157 S. 32nd Street Camp, Hill, PA 17011 DATE OF NOTICE: April 15, 2009 Our office represents PNC Bank, National Association ("PNC Bank") the holder of a judgment entered by confession against Rand M. Rockey on October 10, 2007 in the Court of Common Pleasof Cumberland County, Pennsylvania at case number 07-5947 (the "Judgment"). As a result of the entry of the Judgment, PNC Bank has a lien on your real property known as 423 West Main Street, Mechanicsburg, PA 17055 ("Real Property"). The total amount required to satisfy the Judgment as of the date of this notice is $68,397.61. Interest is accruing on a daily basis at the rate of $18.17. You may satisfy the Judgment within THIRTY (30) DAYS of the date of this letter by paying the above amount of $68,397.61, plus any additional interest which may fall due during this period. Such payment must be made either by cash, cashier's check, certified check or money order. The instrument would need to be made payable to PNC Bank, National Association and forwarded to the attention of Donna M. Donaher, Tucker Arensberg, P.C., 1500 One PPG Place, Pittsburgh, Pa. 15222 If you do not satisfy the Judgment within THIRTY (30) DAYS, we intend to exercise our right to execute on the Judgment and against the Real Property. If full payment of the stated balance is not made within THIRTY (30) DAYS, we will file a Complaint to Conform Confessed Judgment and then a writ of execution on the Judgment. If the Judgment is executed upon, your Real Estate will be sold by the Sheriff to pay off the Judgment. If you have not satisfied the Judgment within the thirty (30) day period and execution proceedings have begun, you still have the right to cure the default and prevent the sale at any time up to one hour before the Sheriffs foreclosure sale. You may do so by paying the total amount of the outstanding balance, plus any late or other charges then due, as well as the reasonable attomeys' fees and costs connected with the execution sale. It is estimated that the earliest date that such a Sheriff's sale could be held would be approximately September, 2009. A notice of the date of the Sheriff s sale will be sent to you before the sale. You may find out at any time exactly what the required payment will be by calling us at (412) 594-5533. This payment must be in cash, cashier's check, certified check or money order and made payshl- us at the address stated above. Tucker Arensberg, P.C. 1500 One PPG Place Pittsburgh, PA 15222 p. 412.566.1212 f. 412.594.5619 111 N. Front Street P.O. Box 889 Harrisburg, PA 17108 p. 717.234.4121 f. 717.232 TucKERIARENSERG Attorneys You should realize that a Sheriff's sale will end your ownership of the Real Property. Moreover, if necessary, a lawsuit could be started to evict anyone in possession of the property. You have additional rights to help protect your interest in the property. YOU HAVE THE RIGHT TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE JUDGMENT DEBT, OR TO BORROW MONEY FROM A LENDING INSTITUTION TO PAY OFF THIS DEBT. TUCKER ARENSBERG, P.C. By: Donna M. Donaher, Esquire Michael C. Mazack, Esquire 1500 One PPG Place Pittsburgh, Pennsylvania 15222 (412) 594-5533 Attorneys for PNC Bank, National Association cc: Douglas Ford, PNC Bank, National Association BANK_FIN:350043-1 000011-133541 Tucker Arensberg, P.C. 1500 One PPG Place Pittsburgh, PA 15222 p. 412.566.1212 f. 412.594.5619 www.tuckerlaw.com 111 N. Front Street P.O. Box 889 Harrisburg, PA 17108 p. 717.234.4121 f. 717.232.6802 rIUC<ERIARENSBERG Attorneys NOTICE OF INTENTION TO EXECUTE ON JUDGMENT TO: Blue Skies Real Estate, LLC -423 West Main Street Mechanicsburg, PA 17055 Blue Skies Real Estate, LLC 157 S. 32nd Street Camp, Hill, PA 17011 DATE OF NOTICE: April 15, 2009 Our office represents PNC Bank, National Association ("PNC Bank") the holder of a judgment entered by confession against Rand M. Rockey on October 10, 2007 in the Courtof Common Pleas of Cumberland County, Pennsylvania at case number 07-5947 (the "Judgment"). As a result of the entry of the Judgment, PNC Bank has a lien on your real property known as 423 West Main Street, Mechanicsburg, PA 17055 ('Real Property"). The total amount required to satisfy the Judgment as of the date of this notice is $68,397.61. Interest is accruing on a daily basis at the rate of $18.17. You may satisfy the Judgment within THIRTY (30) DAYS of the date of this letter by paying the above amount of $68,397.61, plus any additional interest which may fall due during this period. Such payment must be made either by cash, cashier's check, certified check or money order. The instrument would need to be made payable to PNC Bank, National Association and forwarded to the attention of Donna M. Donaher, Tucker Arensberg, P.C., 1500 One PPG Place, Pittsburgh, Pa. 15222 If you do not satisfy the Judgment within THIRTY (30) DAYS, we intend to exercise our right to execute on the Judgment and against the Real Property. If full payment of the stated balance is not made within THIRTY (30) DAYS, we will file a Complaint to Conform Confessed Judgment and then a writ of execution on the Judgment. If the Judgment is executed upon, your Real Estate will be sold by the Sheriff to pay off the Judgment. If you have not satisfied the Judgment within the thirty (30) day period and execution proceedings have begun, you still have the right to cure the default and prevent the sale at any time up to one hour before the Sheriffs foreclosure sale. You may do so by paying the total amount of the outstanding balance, plus any late or other charges then due, as well as the reasonable attorneys' fees and costs connected with the execution sale. It is estimated that the earliest date that such a Sheriffs sale could be held would be approximately September, 2009. A notice of the date of the Sheriffs sale will be sent to you before the sale. You may find out at any time exactly what the required payment will be by calling us at (412) 594-5533. This payment must be in cash, cashier's check, certified check or money order and made payable to us at the address stated above. Tucker Arensberg, P.C. 1500 One PPG Place Pittsburgh, PA 15222 p. 412.566.1212 f. 412.594.5619 111 N. Front Street P.O. Box 889 Harrisburg, PA 17108 p. 717.234.4121 1. 717 9Q0 ^ www.tuckerlaw.com Tuc EER I ENSBERG Attorneys You should realize that a Sheriffs sale will end your ownership of the Real Property. Moreover, if necessary, a lawsuit could be started to evict anyone in possession of the property. You have additional rights to help protect your interest in the property. YOU HAVE THE RIGHT TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE JUDGMENT DEBT, OR TO BORROW MONEY FROM A LENDING INSTITUTION TO PAY OFF THIS DEBT. TUCKER ARENSBERG, P.C. By: Donna M. Donaher Esquire Michael C. Mazack, Esquire 1500 One PPG Place Pittsburgh, Pennsylvania 15222 (412) 594-5533 Attorneys for PNC Bank, National Association cc: Douglas Ford, PNC Bank, National Association BANK FIN:350043-1 000011-133541 Tucker Arensberg, P.C. 1500 One PPG Place Pittsburgh, PA 15222 p. 412.566.1212 f. 412.594.5619 www.tuckerlaw.com 111 N. Front Street P.O. Box 889 Harrisburg, PA 17108 p. 717.234.4121 f. 717.232.6802 A ? N T N O M W W N 3 0 C3 0 0 rU w v' o s ? o ni ?7 D? 3 N 0 to = log = C, aa) O C '7r C N m? .1 1 PH ?$'? 13 ?? ?? • ?4?-? n w *cn mom (C X (7` ^'-A (D M (Q N 3 CL D (D ? ? w -4 CD $ mo can w o P K A 13 7- 13W -? ?? 1313 0 e J 3 s i z -a 3 (nCD cp ,f =wCD T a CD V N J Dim -4 CD m? -j CL C1 r m .? o ng rwu w 0 C3 C3 A o w K A 0 0 dW ru ? C3 M ru c3. dW 13 P (3 1113 00 I. CERTIFICATE OF SERVICE The undersigned hereby certifies that on this 9th day of June, 2009, a true and correct copy of the within Answer to Petition to Strike or Open Judgment was served upon the attorney identified below, via postage prepaid, first class mail as follows: Paul Minnich, Esquire Bradley Snyder LLC 100 East Market Street P.O. Box 15012 York, PA 17405-7012 Do a M. "Donaher BANK_FI N:353162-1 000011-133541 VERIFICATION The undersigned, Damella Gallaway hereby verifies the statements of fact contained in the attached Answer to Petition to Strike Judgment or to Open Judgment to be true 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 falsification to authorities. Date: 6 - ? - G 9 BANK FIN:354699-1 000011-133541 ., 4 BLED-,0', fCE- OF THE 2009 JUN 10 Ali 10: 10 P INIIS t1NNIA PRAECIPE FOR LISTING CASE FOR ARGUMENT (Must be typewritten and submitted in,triplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY: (List the within matter for the next Argument Court.) CAPTION OF CASE (entire caption must be stated in full) PNC Bank, National Association vs. Rand M. Rockey dba Rand Rockey Painting 07 5947 No. Term 1. State matter to be argued (i.e., plaintiffs motion for new trial, defendant's demurrer to complaint etc.): Petition to Strike or Open Judgment 2. Identify all counsel who will argue cases: (a) for plaintiffs: Donna M. Donaher, Tucker Arensberg, PC, 1500 One PPG Place, Pittsburgh, PA 15222 (Name and Address) (b) for defendants: Paul Minnich, 100 East Market St., PO Box 15012, York, PA 17405-7012 (Name and Address) 3. 1 will notify all parties in writing within two days that this case has been listed for argument. 4. Argument Court Date: Signature ?? v (>1a ` o rya Print your name Donna M Donaher 12/3/2009 Attorney for --:?N c. 3a, Date: INSTRUCTIONS: 1. Two copies of all briefs must be filed with the COURT ADMINISTRATOR (not the Prothonotary) before argument. 2. The moving party shall file and serve their brief 12 days prior to argument. 3. The responding party shall file their brief 5 days prior to argument. 4. If argument is continued new briefs must be filed with the COURT ADMINISTRATOR (not the Prothonotary) after the case is relisted. CA / AL REQ-firFICE OF P MONMW 1 DEC -8 AM 9* 48 CLIMB L", V 4u oxtm PElWYLVANIA - . . TIP, 2010 J.yd -5 rz 1010 v PNC BANK, NATIONAL ASSOCIATION, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : Civil Action No. 07-5947 RAND M. ROCKEY DBA RAND ROCKEY PAINTING, : CIVIL ACTION - LAW Defendant STIPULATION The parties, by and through their counsel, hereby stipulate to continuing the argument on Defendant's Petition to Strike Judgment and/or to Open Judgment scheduled for the January 6, 2010 argument court session. The parties request that the matter be listed for the next argument court session on F ary 17, 2010. Paul W Minnich, Esquire Court I.D. 74453 100 East Market Street P.O. Box 15012 York, PA 17405 (717) 846-8888 On behalf of PNC Bank, National Association Donna M. Donaher, Esquire Court I.D. 53165 1500 One PPG Place Pittsburgh, PA 15222 (412) 566-1212 On behalf of Rand M. Rockey d/b/a Rand Rockey Painting 2783897.1 PNC BANK, NATIONAL ASSOCIATION, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : Civil Action No. 07-5947 RAND M. ROCKEY DBA RAND ROCKEY PAINTING, : CIVIL ACTION - LAW Defendant STIPULATION The parties, by and through their counsel, hereby stipulate to continuing the argument on Defendant's Petition to Strike Judgment and/or to Open Judgment scheduled for the January 6, 2010 argument court session. The parties request that the matter be listed for the next argument court session on February 17, 2010. Paul W. Minnich, Esquire Court I.D. 74453 100 East Market Street P.O. Box 15012 York, PA 17405 (717) 846-8888 On behalf of PNC Bank, National Association Donna M. Donaher, Esquire Court I.D. 53165 1500 One PPG Place Pittsburgh, PA 15222 (412) 566-1212 On behalf of Rand M. Rockey d/b/a Rand Rockey Painting 2783897.1 6 2010 JAN - CUMBEE _"v PE)'a 4S A14 0 0 [UW (?J RI ED- a ; ICF ARY 101Q Jn;? -8 PH 2: 4 9 y PNC BANK, NATIONAL ASSOCIATION, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. Civil Action No. 07-5947 RAND M. ROCKEY : DBA RAND ROCKEY PAINTING, : CIVIL ACTION - LAW Defendant ORDER AND NOW, this P4 day of a.». , 2010, it is hereby Ordered and Directed that the argument on Defendant's Petition to Strike Judgment and/or to Open Judgment scheduled for the January 6, 2010 argument court session be continued until the next argument court session on February 17, 2010. ?? Esc LVZL 7 c c i^pY Cu??'1r7 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PNC BANK, NATIONAL ASSOCIATION, CIVIL DIVISION NO. 07-5947 Plaintiff vs. RAND M. ROCKEY dba RAND ROCKEY PAINTING, Defendant. PRAECIPE TO SATISFY JUDGMENT Filed on behalf of Plaintiff, PNC Bank, National Association Code: 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 *8. Do p b RTTq 0- V-11 33a.4q q R-T* 9389']0 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PNC BANK, NATIONAL ASSOCIATION, Plaintiff vs. RAND M. ROCKEY dba RAND ROCKEY PAINTING, Defendant. CIVIL DIVISION NO. 07-5947 PRAECIPE TO SATISFY JUDGMENT TO: Prothonotary, Cumberland County Kindly mark the judgment in the above-referenced matter, entered in favor of Plaintiff and against Defendant. Respectfully submitted, Sworn to and subscribed before me this /.:)- day of 11,14J/"0h , 2010. Notary Public My Commission Expires Donna M. Donaher, Esquire Attorney for PNC Bank, National Association COMMONWEALTH OF PENNSYLVANIA Notarial Seat Amy S. Hauch, Notary Public City of Pittsburgh, Allegheny County My Commis im Expires Aug. 28, 2013 Member, Pennsvivania Association of Notaries BANK_FIN:374452-1 000011-133541