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HomeMy WebLinkAbout08-1295IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PNC BANK, NATIONAL ASSOCIATION, ) Plaintiff, ) ~ _ No. a8 - (aR5 C iv i ( (u--ti vs. ) CONTAINERBRIGHT, INC., ) Defendant. ) CONFESSION OF JUDGMENT Pursuant to the authority granted in the Warrant of Attorney contained in the Note, a copy of which is attached as Exhibit "A" to the complaint filed in this action, the undersigned attorney hereby appears for Defendant and confesses judgment in favor of Plaintiff, PNC BANK, NATIONAL ASSOCIATION, and against Defendant as follows: Principal Debt $ 226,219.99 Interest through 10/26/07 25,842.57 Late charge 1,252.42 Attorney's Commission 25,206.25 Total $ 278 521.23 By ~ C~~ Donna M. Donaher, Esquire Attorney for PNC Bank, National Association THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PNC BANK, NATIONAL ASSOCIATION, CIVIL DIVISION Plaintiff, NO. vs. COMPLAINT IN CONFESSION OF JUDGMENT CONTAINERBRIGHT, INC., Defendant. 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 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PNC BANK, NATIONAL ASSOCIATION, ) Plaintiff, ) No. off. /~ 9b~ vs. ) CONTAINERBRIGHT, INC., ) 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 under the laws of the United States and a citizen of Pennsylvania, with its main office located at Fifth Avenue and Wood Street, Pittsburgh, Pennsylvania. 2. Defendant is Containerbright, Inc., whose last known address is 2410 Gettysburg Road, Camp Hill, PA 17011. 3. Defendant, on April 4, 2003, executed a Promissory Note ("Note") and thereby promised prompt and punctual payment of the indebtedness due under the Note. A true and correct copy of said Note is attached hereto, incorporated herein and labeled Exhibit "A". 4. By the Note, Defendant, promised to pay Plaintiff the principal sum of $50,000.00 together with interest thereon in the manner provided by the Note. 5. Pursuant to the terms of a Change in Terms Agreement, the parties did subsequently increase the maximum principal balance of the Note to $250,000.00. A true and correct copy of the Change in Terms Agreement is attached hereto as Exhibit "B". 6. There has been no assignment of the Note. 7. Judgment has not been entered on the Note in any jurisdiction against the Defendant. 8. 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. 9. By Warrant of Attomey contained in the Note, Defendant authorized entry of judgment by confession. 10. Pursuant to the Warrant of Attorney executed by Defendant, Defendant waived the benefit of all laws exempting real or personal property from execution. 11. Pursuant to the Warrant of Attorney contained in the Note, judgment may now be entered against Defendant as payment was not made when due creating an event of default under the Note and, accelerating all amounts due. The Warrant of Attorney also allows judgment to be entered as of any term. 12. Under the Note, the following amounts are now due by Defendant to PNCB: Principal Debt $ 226,219.99 Interest through 10/26/07 ~ 25,842.57 Late charge 1,252.42 Attorney's Commission 25,206.25 Total $ 278.521.23 13. Under the terms of the Note, Defendant is liable to PNCB for attomey's commission of ten percent for collection. -2- WHEREFORE, Plaintiff, PNCB, demands that a judgment be entered against Defendant as authorized in the Warrant of Attorney contained in the Note, in the sum of $278,521.23, together with interest and costs of suit. TUCKER ARENSBERG, P.C. By ~ C~ ~ ~ Donna M. Donaher, Esquire 1500 One PPG Place Pittsburgh, PA 15222 (4'12) 566-1212 -3- PROMISSORY NOTE ~ 1 of ~ ~~ C Lai No ,. cau 1 Got[. Acci:#u~lt Qfflc~'.., . ' lne ' Is . . 15 .: 701 L76. 'E 1;ra.4~1: ' ll-A _ References in the shaded area are for Lender's use only and do not limit the applicability of this document to any particular loan or item. Anv item above containing ' • • •" has been omitted due to text length limitations. Borrower: CONTAINERBRIGHT, INC. (TIN: 46-0507008) Lender: PNC Bank, National Association 2410 GETTYSBURG ROAD Business Bsnkarg CAMP HILL. PA 17011 4242 CarNsla Pike Camp Hill, PA 17001 Principal Amount: $50,000.00 Initial Rate: 7.0009'o Qate of Note: Aprl~ 4, 2003 PROMISE TO PAY. CONTAINERBRIGHT, INC. ("Borrower"1 promises to pay to PNC Bank, National Association ["Fender"1, or order, in lawful money of the United States of America, the principal amount of Fifty Thousand & 00/700 Dollars (550,000.001 or so much as may be outstanding, together with interest on the unpaid outstanding principal balance of each advance. Interest shall be calwlated from the date of each advance until repaymer-t of each advance. PAYMENT. Borrower wdl pay this Loan in accordance with the fallowing payment schedule: Borrower will pay regular monthly payments of accrued interest baginrtirg MAY 4, 2003, and all subsequent interest paymerts are due on tfie same day of each momh after that. Borrower will pay this loan in one payment of all outstanding principal plus all accrued unpaid interest on the Expiration Date. Borrower may borrow, repay and reborrow hereunder uni5 the Expiration Date, subject to the terms and conditions of this Note. The "Expiration Date" shag mean APRIL 4, 2005, or such later dato as may be designated by written notice from Lender to Borrower. fionowar acknovdledgss and agrees tfiat in no evem wilt tender be under any obligation to extend or renew the loan or ibis Note beyond the initial Expiration Data. in no event shat! the aggregate unpaid principal amount of advances under this Note exceed the face amount of this Nots. Unless otherwise agreed or required by applicable law, payments will be applied first to accrued unpaid interest, then to principal, and any remaining amoum to any unpaid collection costs and late charges. The annual interest rate for this Note is computed on a 3651360 basis; that is, by applying the ratio of the annual interest rate over a year of 360 days, multiplied by the outstanding principal balance, multiplied by the actual number of days the principal balance is outstanding. Borrower will pay Lender at Lender's address shown above or at such other place as Lender may designate in writing. VARIABLE INTEREST RATE. The interest rate on this Note is subject to change from time to time based on changes in an independent index which is the highest Prime Rate as published in the 'Money Rates" section of The Wall Street Journal (the "Index"i. The Index is not necessarily the lowest rate charged by Lender on its loans. if the Index becomes unavailable during the term of this loan, Lender may designate a substitute index after notice to Borrower. Lender will tell Borrower the current Index rate upon Borrower's request. The interest rate change will not occur more often than each day. Borrower understands that Lender may make loans based on other rates as welt. The ktdex currently is 4.250% per annum. The interest rate to be applied to the unpaid principal balance of this Note will be at a rate of 2.750 percentage points over the ]ndex, resulting in en initial rate of 7.000% per annum. NOTICE: Under no circumstances wiU the interest rate on this Note be more than the maximum rate allowed by applicable law, PREPAYMENT. Borrower may pay without penalty all or a portion of the amount owed earlier than it is due. Early payments will not unless . agreed to by Lender in writing, relieve Borrower of Borrower's obligation to continue to make payments of accrued unpaid interest. ,.Rather, early payments w11 reduce the principal balance due. Borrower agrees not to send Lender payments marked 'paid in full', "without recourse", or similar language. if Borrower sends such a payment, Lender may accept it without losing any of Lender's rights under this Note, and Borrower wilt remain obligated to pay any further amount owed to Lender. All written communications concerning disputed amounts, including any check or other payment instrument that indicates that the payment constitutes "payment in full' of the amount owed. or that is tendered with other conditions or limitations or as full satislaition of a disputed amount must be mailed or delivered to:_ PNC Bank, National Association, Attn: Doc Prep/Operations Department - BBCAC, 8840 Tinicum Boulevard 5th Floor Philadelphia, PA 19153. :ATE CHARGE. If a payment is 15 days or more late, Borrower will be charged 5.000% of the regularly scheduled payment or 5100.00, wl:ichever is less. INTEREST AFTER DEFAULT. Upon default, including failure to pay upon final maturity, Lender, at its option, may, if permitted under applicable law, inerease_the variable interest rate on this Note to 7.750 percentage points over the Index. The interest rate will not exceed the maximum rate permitted by applicable law. If judgment is entered in connection with this Note, interest will continue to accrue on this Note after judgment at the interest rate applicable to this Note at the time judgment is entered. DEFAULT. Each of the following shall constitute an event of default ("Event of Default") under this Note: Payment Default. Borrower fails to make any payment when due. Other Defaults. Borrower or Grantor fails to comply with or to perform any other term, obligation, covenant or condition contained in this Note oLin any of the related documents or to comply with or to perform any term, obligation, covenant or condition contained in any ocher agreement between Lender and Borrower. Default in Favor of Third Parties. Borrower or any Grantor defaults under any loan, extension of credit, security agreement, purchase or sales agreement, or any other agreement in favor of any other creditor or person that may materially affect any of Borrower's property or Borrower's ability to repay this Note or perform Borrower's obligations under this Note or any of the related documents. False Statements. Any warranty, representation or statement made or furnished to Lender by Borrower or on Borrower's behalf under this Note or the related documents is false or misleading in any material respect, either now or at the time made or furnished or becomes false or misleading at any time thereafter. Insolvency. The dissolution or termination of Borrower's existence as a going business, the insolvency of Borrower, the appointment of a receiver for any part of Borrower's property, any assignment for the .benefit of creditors, any type of creditor workout, or the commencement of any proceeding under any bankruptcy or insolvency laws by or against Borrower. _ Credrtor or Forfeiture Proceedings. Commencement of foreclosure or forfeiture proceedings, whether by judicial proceeding, salt-help, repossession or any other method, by any creditor of Borrower or by any governmental agency against any collateral securing the loan. This includes a garnishment of any of Borrower's accounts ,with Lender. However, this Event of Default shall not apply if there is a good -faith-dispute by Borrower ss of the claim which is the basis of the creditor or forfeiture proceeding and if Borrower gives Lender w EXHIBIT iture proceeding and deposits with Lender monies or a surety bond for the creditor or forfeiture proceedi ~ t t ~ r~ Lender, in its sole discretion, as being an adequate PROMISSORY NOTE (Continued} Page ~ reserve or bond for the dispute. Events Affecting Guarsrrtor. Any of the preceding events occurs with respect to any GuaranTor of any of the indebtedness or any Guarantar dies or becomes incompetent, or revokes or disputes the validity of, or liability under, any guaranty of the indebtedness evidenced by this Note. - . _ Change In Ownership. Any change in ownership of twenty-five percent [25%i or more of the cortv>IISn stock of Borrower. _ Adverse Change. A materiel adverse change occurs in Borrower's financial condition, or Lender believes the prospect of payment or performance of this Note is impaired. Insecurity. Lender in good faith believes itself insecure. LENDER'S RIGHTS. Upon default, Lender may, after giving such notices as required by applicable iew, declare the entire unpaid principal balance on this Note and all accrued unpaid interest immediately due, without notice, and then Borrower nr~tll pay that amount. ATTbRNEYS' FEES; EXPENSES. Lender may hire or pay someone else to help collect this Note if Borrower does not pay. Borrower will pay Lender that amount. This includes, subject to any limits under applicable law, Lender's attorneys' fees and Lender's Legal expenses, whether or not there is a lawsuit, including attorneys' fees, expenses for bankruptcy proceedings tincluding efforts to modify or vacate any automatic stay or injunction), appeals and .any anticipated post-judgement collection services. 1f not prohibited by applicable law, Borrower also will pay any court costs, in addition to all other sums provided by law. WAIVER OF JURY TRIAL. THE BORROWER IRREVOCABLY WAIVES ANY AND ALL RIGHTS THE >ilQpROWER MAY HAVE TO A TRIAL BY JURY IN ANY ACTION. PROCEEDING OR CLAIM OF ANY NATURE RELATING TO THIS NOTE, ANY DO~`UINENTS EXECUTED [N CONNECTION WITH THIS NOTE OR ANY 'TRANSACTION CONTEMPLATED IN ANY OF SUCH DOCUMENTS. THE 68~iROWER ACKNOWLEDGES THAT THE FOREGOING WAIVER iS KNOWING AND VOLUNTARY. GOVERNING LAW. This Note will bs gowmed by, construed end enforced in accordance with federal Lew and the taws of the Commonwealth of Pennsylvania. This Note has been accepted by Lender in the Commonwealth of Pennysylvania. CHOICE OF VENUE. If there is a lawsuit, Borrower agrees upon Lender's request to submit to the Jurisdiction of the courts of Cumberland County, Commonwealth of Pennsylvania. _ RIGHT OF SETOFF. In addition to all liens upon and rights of setoff against Borrower's money, securtties or other property given to Lender by law, Lander shall have, with respect to Borrower's obligations to Lender under this Note and to the extent permitted by law, a contractual possessory security interest in and a contractual right of setoff against, and Borrower hereby assigns, conveys, delivers, pledges and transfers to Lender all of Borrower's right, title and interest in and to, all of Borrower's deposits, moneys, securities and other property now or hereafter in the possession of or on deposit with, or in transit to, Lender or any other direct or indirect subsidiary of The PNC Financial Services Grotip, Inc., whether held in a general or special account or deposit, whether held jointly with someone else, or whether held for safekeeping. or otherwise, excluding, however, all IRA, Keogh, and oust accounts. Every such security interest and rTgl~t of setoff may be exercised without demand upon or notice to Borrower. Every such right of setoff shall be deemed to have been exercised Immediately upon the occurrence of an Event of Default hereunder without any action of Lender, although Lender may enter such setoff on Its 6aoks and records at a later time. LINE OF CREDIT. This Note evidences a revolving line of credit. Advances under this Note may be requested either orally or in writing by Borrower or as provided in this paragraph. Lender may, but need not, require that all oral requests be copfirmsd in writing. All communicati6ts8, - instructions, or directions by telephone or otherwise to Lender are to be directed to Lender's office shown above. Borrower agrees to be liable for al{ sums either: {AI advanced in accordance with the instructions of an authorized person or (9} credited to any of Borrower's accounts with Lender. The unpaid principal balance owing on this Note at any time may be evidenced by endorsements on this Note or by Lender's Internal records, including daily computer print-outs. Lender will have no obligation to advance funds under this Note if: lAi Borrower or any guarantor Is In default under the terms of this Noie or any agreement that Borrower or any guarantor has with Lender, including any agreement made in connection with the signing of this Note; (B) Borrower or any guarantor ceases doing business or Is insolvent; (Ci any guarantor seeks, claims or otherwise attempts to limit, modify or revoke such guarantor's guarantee of this Nott or any other lean with Lender; IDl Borrower has applied funds provided pursuant to this Note for purposes other than those authorized by Lender; or (E) Lender in good faith believes itself insecure. - - FINANCIAL INFORMATION PROVISION, Borrower agrees to deliver any financial and other business information concerrting Borrower that Lender may request from time to time, such as annual and interim financial statements (all of which shat! be prepared in accordance with generally accepted accounting principles} and federal income tax returns. DEPOSfTORY. Borrower will establish and maintain, with Lender, Borrower's primary depository account(s). If Borrower faits to establish and7or maintain its primary depositary account(s) with Lender, Lender may, at its option, upon thirty (301 days notice io Borcower, increase the interest race payable by Borrower under this Note by up to t.00 percentage points (t .00%). Lender's right to increase the interest rate pursuant to this paragraph shall be in addition to any other rights or remedies Lender may have under this Note, all of which are hereby reserved, and shall not constitute a waiver, release or limitation upon lender's exercise of any such rights or remedies. ADDITIONAL PROVISION. The Borrower hereby authorizes the Lender to charge the Borrower's deposit~ccount at the Lender for any payment when due hereunder. If the Borrower revokes the automatic payment authorization for any reason wFlatsoever or faits to maintain a deposit account with Lender which may be charged, Lender, at its option, upon thirty {301 days notice to the Borrower, increase the interest rate payable by the Borrower under this Note by twenty-five t25} basis points 10.25°loi. .-- - SUCCESSOR INTERESTS. The terms of this Note shall be binding upon Borrower, and upon Borrower's heirs, personal representatives, successors and assigns, and shall inure to the benefit of Lender and its successors and assigns. GENERAL PROVISIONS. Lender may delay or forgo enforcing any of its rights or remedies under this Note without Losing them. Borrower ffi'sd any other person who signs, guarantees or endorses this Note, to the extent allowed by law, waive presentment, demand for payment, and notice of dishonor. Upon any change in fhe terms of this Note, and unless otherwise expressly stated in writing, no party who signs this Note, whether as maker, guarantor, accommodation maker or endorser, shall be released from liability. Ag such parties agree that Lender may renew or extend {repeatedly and for any length of time) this loan or release any party or guarantor ar collateral; ar impair, fail to realize upon or perfect Lender's security interest in the collateral; and take any other action deemed necessary by Lender without the consent of or notice to anyone. All such parties also agree that Lender may modify this loan without the consent of or notice to anyone other than the party with whom the modification is made. The obligations under this Note are joint and several. tf any portion of this Note is for any reason deierrnined to be unenforceable, it will not affect the enforceability of any oMer provisions of this Note. CONFESSION OF JUDGEMENT. THE BORROWER HEREBY EMPOWERS ANY ATTORNEY OF ANY COURT OF RECORD, AFTER THE OCCURRENCE OF ANY EVENT OF pEFAULT HEREUNDER, TO APPEAR FOA THE BORROWER AND, WfTH OR WITHOUT COMPLAINT FILED, CONFESS JUDGMENT, OR A SERIES OF JUDGMENTS, AGAINST THE BORROWER IN FAVOR OF LEND~Ii OR ANY HOLDER HEREOF FOR THE ENTIRE PRINCIPAL BALANCE OF THIS NOTE, ALL ACCRUED INTEREST AND ALL OTHER AMOUNTS DUE KEREUNDER, TOGETHER WITH PROMISSORY NOTE (frOllt117Ued~ Page 3 COSTS OF SUIT AND AN ATTORNEY'S COMMISSION OF THE GREATER OF 10% OF SUCH PRINCIPAL AND INTEREST OR $1,000 ADDED AS A REASONABLE ATTORNEY'S FEE, AND FOR DOING SO, THES NOTE OR A COPY VERIFIED BY AFFIDAVIT SHALL BE A SUFFIC~NT WARRANT. THE BORROWER HERESY FOREVER WAIVES AND RELEASES ALL ERRORS IN SAID PROCEFAENGS AND ALL RIGHTS OF APPEAL AND ALL RELIEF FROM ANY AND ALL APPRAISEMENT, STAY OR EXEMPTION LAWS OF ANY STATE NOW IN FORCE OR HEREAFTER ENACTED. INTEREST ON ANY SUCH JUDGMENT SHALL ACCRUE AT THE DEFAULT RATE. NO SINGLE EXERCISE OF THE FOREGOING POWER TO CONFESS JUDGMENT, OR A SERIES OF JUDGMENTS, SHALL BE DEEMED TO EXHAUST THE POWER, WHETHER OR NOT ANY SUCH EXERCISE SHALL BE HELD BY ANY COURT TO BE INVALID, VOIDABLE, OR VOID, BUT THE POWER SHALL CONTINUE UNDIMINISHED AND 1T MAY BE EXERCISED FROM TIME TO TA~IIE AS OFTEN AS LENDER SHALE ELECT UNTIL SUCH TIME AS LENDER SHALL HAVE RECEIVED PAYMENT IN FULL OF THE DEBT, INTEREST ANO COSTS. NOTWITHSTANDING THE ATTORNEY'S COMMISSION PROVIDED FOR 1N THE PRECEDING PARAGRAPH (WHICH IS INCLUDED IN THE WARRANT FOR PURPOSES OF ESTABLISHING A SUM CERTAIN), THE AMOUNT OF ATTORNEYS' FEES THAT LENDER MAY RECOVER FROM THE BORROWER SHALL NOT EXCEED THE ACTUAL ATTORNEYS' FEES INCURRED BY LENDER. PRIOR TO SIGNING THIS NOTE, BORROWER READ AND UNDERSTOOD ALL THE PROVISIONS OF THIS NOTE, INCLUDING THE VARIABLE INTEREST RATE PROVISIONS. BORROWER AGREES TO THE TERMS OF THE NOTE. THIS NOTE 1S GIVEN UNDER SEAL AND IT IS INTENDED THAT THIS NOTE IS AND SHALL CONSTITUTE AND HAVE THE EFFECT OF A SEALED INSTRUMENT ACCORDING TO LAW. BORROWER: CONTAINERBRIGHT, INC. ~ J By: ~~~~`~_ (Seal] SUSAN C. ANDL Presiderrt of CONTAINERBRIGHT, INC. By: ~ ISeal- BRIAN J. TANDLE, ice President of CONTAINERBRIGHT, INC. RARR SRO I,rOi.e, Vn. 5.16.10.061sI Cw.wwx Iwryww,~ 1887, 2008 NI Rphn R„w.,a. • M T.:OtRVL1020.K TR'70008~18 FlI 1t1 Ja,n, 22. 2008 9:4~AM PNC BANK 412-7b2-8114 No, 2932 P' 3 _ , .. ~ ~.,.. ~ I ,~,' ~~,,. ~~ .. .~C~~ IN '~NIS A,CREEM~NT a,i W ~: ,` ~ ' References In the shaded area s~ ~ ib~ov^deaeont~aining~»" d-dhasobe nhom~ittaed dlr~ ao~~>K ten9th P~mit~lon am ~~~~r loan or item. ' 8on'ower; Altai$JfIGHT, lNC. ~1N: 45-0507008} , , . ,Lander: PHC Bank, tliatiorfal Asaootation C,6L1'T~f$BURG ROAD Buaineas ganklnp ' ~~ HIt.L,,PA 17071 4x42 Car&sle Pike Camp HiU, pA 17007 . I 9 ' ~princdpal 1~rricunt: 5xL~0,000.00 InitiaBE Rate: 8.25096 Data of A~raemant: March 4.2004 DESCRipT10N~ 6XlG 1(yp~gg, A 8 $0,000.00 PROMI:380FtY NOTE pAT£D APRIL 4, 2003 l3l:TWEEI+I 60RROWER AND '; „~tAER, A8 E~OFtaR MQDII:IE:D FROM TIME T4 TIME. »Rjpj'(Qi~ ~ CHANGE IN TERbtg. IS} THE MAXIMUM PRINCIPAL AMOUNT OF THIS NOTE 1S HERESY INCREASFD'FROM 854,000.00 '• 'CO ~860,OO~OD. „(2} fiHE IN `~ RATE IS Ht:R~BY CHANGED FROM WALL STREET JOURNAL ARIME ~• 2.7596 PE:R ANNUM TR WALL STpt;ET JOURNAL. , ,_., PR11r16 t t . IsER' ANNUM, ~FFECTIVE A$ OF THE bA'CE OF THl3 AMENUMEIJT. C31 ~REPAYM• ~ &CNEDUL£ SHAD, BE MOt51FI1:D A8 DEFlNED Bl1pW. PRONjISt: TO AY. COPfYAIfiBRBRIQ}i1', INC, ("Bgrrowar'} promises m pay to pNC Bank. National Asaopatiat ("l.endar'}, or order', in.tawful rnondY of the'~nil"ed $totes of Araatiea, tits prlnaipai amount of Two Hratdrod F`fty Thousand &001100 pillars {#2'80,000.00) or so much es d~ of aaoir ~e~rrtil repaymeM~~h edva ~e~ld ~sn5 p~~ bafenas of each advanos. lotanst shall bs cslwdaled firotrt,the . PAYfiRf.NIT. Brower w&I gay this loan in acogrdenca wifh the following preyment schedule: Ebrrower 'vl~,,pey reQtdar monthly peyymm~~n~s of aecrt:ed interest bogwrrdng APRtL 4, 2004. and ek subasqu4rrt irmarest payma~ks are duo an the semi ;day of each month after that. ~prrower wiq pay duo (Dort in one payment of erg outstnndalp prineipd plus aU eocrued unpaid Lttsreat on the Ekplratlon Dots. Borrower mall borrow, repay and reborrow harsundor tar61 the Exphation baba, to the teeitrs and oondide-tb" of this Note. The "Expiration Data" shag mean APRIL 4, 2005, or such Ister data es may be dssignatad lby wrrtt~err notice from I.endY- t~' owes Borrower aoknowladges and agroes that in no event vwtll Lander be under arty obligation to extend or rerrow the kfan or this Nots'ond the (nklei 2rrpiratio» Date. In rro event shall the aggregate unpaid prbtaipal amount of advances under this Note exosed ' . ;tfrs fayrJ. unt of this fept®. Unk+se a agr~ed.a required by applkabla law, payraema wiM be a~ppaed fast to am acorrted unpaid interest; then to prirrdpal: then m enp unpaid '. . lion oosia; and than La any late charges. Intorsst on the Agreement is aanputed on a 96B/960 s'rmpl. irtt•rest basis: tfret Is, ~ePRh~ ~r~ prinsip4i bslanee is~OtR:tanding. ~Borrowe~r will~pa~y Lander atYLsndor's~addroasprshown abbove~or at~su~e otf~rer pfra Len r may designate in writing. ~ ' VAFiiAaLE (l~('~i!"ST RATE. The irrtersat rata on thlsAgreament is subJect to change from tip to time based an ahangas in an Independent irtdsx wh'sch i~ ilia highest Prime Rate as published In the "Money Rotas" aectian of '1'Ita Wall Street Journal {the *Index"j, The Indaz ie not trecessarily ti}i~ lowest reta charged by Lander on Its loans. If t}+e Index becomes unavailable during. the term of this teen, Lender may designate ', A ,substitute index after„ngtioe to Borrower. lender will tall Borrower the current -ndax rate upor, 8orrowor's request, Tfte interest rats ohange will not oCOUf snore often than oaclt day. Borrower understands that Lender may make loans based on other rates as weU. The Indsz aurrerrtiy ' k 4.06096 par annum. The interest rate to be applied t4 the unpaid prirtcipal balance of the Hota wiH be at a rata of 1.250 percentage po'mts i~11s>~'tite rRS}rlting in an initial rate of 5.26096 per annum, NOTIC&: Under no circumstances wM the interest rate an the Nots be more 'than the ~ifm'rata allowed by applicable taw. • PEiI~AYMENY~ ~ $orrawer may pay without penalty an or a portion of the amount awed earlier than it is due. Early paymenns will not, unless ' kgre'ed'to by lender In writing, rel(eva Benrowar of Borrower's abOgatbn to continua to make paymarts of aecrued.unpsld lntareat. ({airier, early piymanis,wtll reduce the prlnalpat balance due. Borrower agrees not to sand Lander payments marked Raid in full . 'wlttrout reeauree , err similar language. if Borrower sends such a payment, Lender may aooept it without losing any of Lender's rights under this Agreement, end Borrower wEll remain obligated to pay any further amount owed to Lender. At1 wtttten eammunlaatiana conceming disputed amounts, ~naluding any check or' ether payment•inett'ument that indicates that the payment constitutes 'payment In ful!' of the airmunt owed pr chat is tendered wr'}!t other aoj~jQ!`!tions or Ilmitaf'~Ons or es roll 9atisfactlan of a disputed amount must be malted or delivered to: PNC Bank, National Association, ' ~ Attn: Dac prQp(Operatlona bepartm®nt - 68CAC, SB00'lintcum eoulavard 5th Eloor Philadelphia, PA 19133. ' L,ATfi piA~'Qg.' If a payment is l5 days or more late, Sorrawer will be charged 6.00096 of the regularly sohedulad payment or $104.00, ' Wirkhever i:lepa. (-V'~'ERE$TAR~'Fr~ bEFAULT. Upon default;, including failure t0 pay upon final maturity, Louder, at its Option, may, if permltllad under 8pp1[ceble law, lncreas thevarfabla irtiterast rata on 'this Agrean»M to 5.260 paroentaga points over the Index. The interest rata will not ®xeasd the maximum re~ peimitted by applloabla Lew, If judgment Is entered In oonnectEon with this Agreement, interest wtll continue to agcrue on this agreement ~Ytpr judgment at the interest rate epplieabla to this Agreement at the:ima judgment is entered, DI3SAt)1,+. ~a4h of the folbwing shell aonatitute an Event of Default under this Agreement; Paymeni DefauR, eorrewer'falls to make any payment when due under the lndebtedneas, tither b"~tutter. Borrower or Cirarrtvr fells to gomply with err m perform any other term, obligaton, covenant or concktion contained In this , ~ ~Agreent~fit or In any of the Related Documents or to comply wish or to perfomt any term, obligation, covenant or gondRlon eontatned 1n any other e , errjent between LeT+der and Borrgwar, ,. Dofnuk si ~vor of Third Partres. , harrower defaults outlet any ban, extension of credit, security agrearnerlL purchase or sales egresrnern. ' • , ... ,, : ~ er reament,ln fiver of any other cieditor or person that may materieliy alfeat say of Borrower's properly or Borrower's ability ' ' ' ' o~rro"wdrrs obi'Iqa5'6i+s riii8ir this Ag manta. "` ", .h ~',ti~"~' + ~~~~~ ~,,G~M~f ~.~'rt~a~'~ EXHIBIT Lander by Borrower or on Borrower's battalf under this ~~'; _~B nor warrens, p ether now err at lira time made or furnished or becomes , ~'<~ , ~'~"A7d:'•"7 C"'tF1e a etas 0ocumaritsls falsi: ' it +\ .. ' .. ~, ~~''•'. ;o . dr~~~ ~aii tl~5e ih®rdartE"ar: • ' "' "' a ~;f;~Sr~ricsl• "rJb3~'=-" r~i+G~`' mess, the ineohteney of Borrower, tree appointment of a ,~.,. <•` '~ $ dlssofutbn or'fermmat~on of J`an• 22. 20(18 ):4~AM PNC BANK 412-762-$114 ,,,, ,,,., ,.No. 2032 P. 4.„ .•, , I CHI~NGE 1N ~'~RMS AGR~~M~NT Loan Ilfo: OODOB38394 (Continued) P e 2 receiver far any part of Borrowers property, any assignment for the benefit of creditors, any type of creditor workout, or' the . ,~4 eomntancament of any proceeding under any bankruptcy or insolvency laws by or against Borrower. G7adltor or Fortelt-rra Proaeodinga. Commencement of foreclosure Or forfeiture proceedings, whether by lexfielal proceeding, sell-help, repoasesslon or any other method, by any creditor of Borrower or by any goverrtmentel agency against any collateral eeauring the ..~ Indabtednesa. This includes a garnishment of any of 6arrower's accounts, inoluding deposit aaoounts, with Lender. However, this L,yerR. ___• at QefauR shalt not apply if there is a good faith dispute by Borrower es to the validity nr reaaanabtenass of the claim which is the basis of the oredltot ar forfefture procsedktg end if Hprrowar gives Lender written notke of the creditor or forfeiture ruot~eadRq end dspeaits with (.ender monies or a surety band ibr the creditor or forfeiture proceeding, in an amount determined by Lender, to its sole dkseretton, as being , an adequate reserve or bond for the dispute. .~ ',~" ~ ~ Events Aihctittg Guarantor. Any of the preoeding events occurs with respect to any Gu~amor of any of fhe 1ndeDtedness or~9ny _ Guarantor alas or becomes inaompetern, or revokes nr disputes the validity ot, or liability under, any GuaYdnry of the Indebtedness -. evidenced by flits Note, .,,. • -, Change In Ownership. Any change in owr,ershtp of twenry•fiva percent (2596) or mare of the common stock of Borrower, .~ ~. Adverse Chenga. A rrsaterlal adverse change occurs in Borrower's tlnancial condition, ar Lender bsllavas the prospect at paymel5t-nr"` -_ performance of the indebtedness is impaired. ~. .., tn5sourily. Lend®r in good faith balleves itself inseourrt.- _' '-_"' LEJ1id5ft'ffi pIliHT3. Upon default, Lender may, after giving auoh notices as required by applicable law, declare the entire unpaid principal . '; balanoa an this Agreement and all aaorued unpaid interest Imrnetliately due, and then Borrower wilt pay that amount. -• "~"' ATYURNBYS' FEES: EXPENSES. Lender stay hire or pay someone else to help oopsat this Agreement if Borrower aces not pay. Borrow~jwill • pay Lender that amount, 7hia includes, subject to any limits under applicable law, lender's attomeys' fees and Lender's legal expBn3bs, "' whether or not there is a lawsuit, Mcludtng attorneys' fees, exper>$as for bankruptcy proceedings (including efforts to modify or vaeats_8ny . „_; automatlo stay nr in)uncttoM, and appeals. It not prohlhtt8d by appacable law, Borrower also wRl pay any coon casts, in addition to alt other ' i sums provided bylaw, i t3t7YERMNG LAw, This Agreemene wiu be governed by, construed and enforced to accordance with faders) law and the taws of the t;,orrrmonvrertth of Pennsylvania, This Agreement has bean aocepted by Lander in the CoRlmonwealtlr of Penttsylvan)a. .. , OHOICE OF V6tMt7E. If there Is a lawsuit, Borrower agrees upon Lender's request to submk to the jurladictign of the courts of Cumberland Cptlnty, Commonwealth of Penn5ylVanla~ ~:. ,~...-~w RKfHT OR SETOFF, To the extent permitted by applicable taw, Lender rriaenres a right of setoff in all Borrower's accottl~da with Lender (whether cheoking, Savings, or soma other aocount~, This Includes alt acoounts Borrower holds Jointly Wlth someone else end ap accounts HaROwer r~fliy ' ""' open in the future, However, this does not Seclude any IRA or Keogh accounts, or any trust accounts for which setoff would be prohibited. by law, Borrower authorizes Lender, to the extent permitted by 8pprcable law, to chaege or setoff all soma awing on ttte indebtedness against any and all such accounts, and, at Lender's option, to admtnistrativ8ly freeze alt such accounts to allow Lander to protect Lender's charge end sataff rights provld8d in this paragraph. L`OLLATEIaAL, Borrower acknowledges this Agreement Is seAUrad by the foltowing collateral described in the aecvrtty inatrumem listed her~ln, ~ y ~ all the terms and conditions of which ere hereby incrorporated and made a part of this Agreement: Collateral described ii1 a Commercial Security ' Agreement dated ~laroh 4, 2004. LINE OP CRiD1T. This Agreement evidences a revolving tine of Credit. AdvenCea,undar this Agreement may be rsquesred orally by HoRCweFOr _ by,an authorized person, All oral requests shalt be confirmed in writing on the Qay of the request. All cammunii`atxxta, instructlons,'or '~ I dlrectione by telephone or otherwise to Lender are to be cErected to Lender's office shown above, Borrower agrees to be (table, fpr ~J, sums..- .. , either; IA) advanced In accordance with the lnstruetiona of an authorized person or {B) credited to any df Hprrpwer's aecounta with Leader. ; The unpaid principal balance owing on this Agreement et any time may be evidenced by endorsements on this A~resme~ oc by Lender's )eternal records, including daily computer print-Data. Lender will have no obligation to advance funds antler this Agreement if•. (¢) ,Borrower or.~dy guetentor is In default under the terms of this Agreement or eny agreement thmt Borrower or any guarantor nos w)t~t Le_ttdei, ingludirag, y _ agreement made In oonneet)an wait the aigntng of this Agresmem; tBi Borrower or any guarantor ceases doing'business or is insotvant; L~l any guarantor seeks, claims or otherwise attempts to limit, modify nr revoke such guarantor's guarantee of this Agrgentent or any ot1ter loan ~ •~~ wish Lender; {D) 13arrowet has appt4ed funds provided pursuant to this Agrettittent for purposes other than those authorized by Lender; dr '{EI -' Lender in good faith believes Itself insecure. _ _.~ ~. CONTWUING VALIDITY, Except as exyt85sly changed by this Agreement, the farms of the original obligation or ~btigattons, includtng~p • egreemenn evidenced or seaur9ng the obligation{s), remain unchanged and in full force and effaot. Consent by Lander tp )his Agreement does i not waive Lender's right to striot performance pf the nbligatfonts) as changed, not obtigste Lender to make any future change In terms. Nott'kRg in this Agreement will oonstitute a sa4isfactlon of fns obligation(s). It is the lntantion of lender to retain as liable parties alt makers cad , ~ endorsers of the original obligation(s), Including aocommodadon parties, unless a party is exprESely released by Lender In writing. Any rnaker9r T , endorser, Including acconrmadatiort makers, will not be raleasetl by VIItU9 of this Agreement. if any person who signed the original obligation doss not sign this Agreement below, teen all persons signing below acknowledge that this Agreement is given aondttknally, based on ire representation to Lender that the non•slgning party eensents to the ohangbs Bed provlslona of this Agr@9mant or otherviiiiie will not ba releasetl by It. This waiver applies not only to any Initial extenaton, moditlastion or release, but also to alt such aubsequant actions. - FINANClAL INFORMATION PttpVlSlt)N. Borrower agrees to deliver any financial and other business information concamfng Borrower t;~ae ~ ~i Lander may request from time to lima, such as annual and tat®rIm financial statements. (all of which shad b8 prepefed in accordance w t~+ generapy accepted aecounting principles) and faders( Income tax returns. `-_ - - _~. Ot:PtJS(TORY. Borrower will establish end matntatn, with Lander, Borrower's primary depository account{s). If Borrow~t~~ds to establish endjor maintain its primary depository aoootrntlsl with L4rlder, Lender may, at its option, Upon thirty tit)) days rt4tioe m Borrower, lncrea9t the inesr~t ' rate payable by Borrower under this Nnta by up to 1.00 percerdage points (t,00Sb). Lender's right to increase the interest rate pursuant to this •; paragraph shalt be In addition to any other rights or remedies Lender may have under this Note, all of which are hereby reserved, end shill) not constltuta a waiver, release or cimltatlon upon Lender's exeroisa of any such rights or remadles. ••• • - AUTOMATIC Dfs61T OF PAYMENTS, The Borrower hereby authorl~ea the Lender to charge the 8orrowerra deposit account at the Lender for atly~r _ ~ payment when duo hereunder. If the Borrower revokes this authorization for any reason whatsoever or fails to matnialn b deposit account wt~ri the Lentler which may be charged, the Lender may, at Its option, upon thirty (301 days entice to tho torrower, increase ti4e interest rate payable _ _ I by the $orrower under this Note by twenty~flve (281 basis points tt),2596). , - •--° "' " - -~-~ TERMINATION QF LINE OF CA£DiT. Upon Sixty i80) days prior written nonce to BOrrQwer, Lender may terminate the Ling of Cred,~, witit~ _ . .~ without cause, and demand top payment of the entire unpaid principal balance o} this Note, and act accrued and unpaid interest on the balance, ' Jan. 22. 2008 9:4hAM FNC BANK 412-762-8114 _ No. 2932 P. ~' , .wL.,., . ~h11G~,iN TERMS AGR~~Mi;NT ~,~ •~+°~~~' 38 •~~{}~~. ~' , (Co,~tinued) Page 3 ' Rw,;s • ~ e with! the rms of this NoTs. lJdeas Lender's Works provides otherwise. tinder will have no further ~, •~ ~ ill othar,rt,Ega~a eye in _acggrdaitc to ' ~ ` •"~qb~'I geti~n to sdvancc ~c+ds undai t~itg. Nate. a , a, • ~, O~1V~SIOi~~`+~ 7FA~V1 LdAN. lair. fitiins,tha right m oonvert alt or any part of the outstanding indebtedness under this Note into an ~ttizing terrr~i.loan, with'Or wltliout'astt~e, upon providing sixty .{60} days prior written notice to gorrovrer (tile "Conversion Notice"). if dbr exerae~, t}}is -i$Y,t, 1-ender vyiu contpsite a new monthly payment with respect to tits part of the InAebLedness so converted (ills "Temt ' ; •,r~,Q,gpt porgpn•)~•~nd pprrgwer wtll,be„advftted.of,suoh new menthly payment with reepeet to the Term Loan Pordon in the Conversbn tdatioe- . rylontltly peymenca on the Tartu •L''oen Portion following the Conversion Notice shell be based upon sn amorti:atiorr period specified in the Conversion Noft'¢s (the 'AUrtartizsd'gp Period"}. t3ubsepuant psymetm on the Tatra Loan Portion shah he datiermined t»orithly and sttaA be to the arnoyrtts ds ~ fitted $Y Lender to ba ner,,$ssary to fully 8morttae the then outstanding pr9ncipal balance s0 conwrted otret ~ than refraining Rttwrtllea6o11 ~ ,~ the effective ~ " at rail or this Note as of the data the amount of such paYmam is calculated by Lender. Alt •outstandingej~~ipa1 add accrued ieitarea~tH~p be due on tfio test day of the Amorttxatlon Period. AN of the prot/ieiare of this Note and arty Related D4ctl~ia shah apply m rile Te'rrtt Loan Portion etwept to the extent incansistarn with title paragraph. '$(jOR, The •~rms of tfit~ Agreement shall 6e binding upon Bortower, and upon Borrower's heirs, personal raprt}aentatives, ,,tuCcesSars, a , aisidna, and afia lje enfo~ca8ble by lender and its successors end assigns. .. , ' '!MI$CEI.I.AIS PAOYISIONS. tldrir malt delay or farg0 enforcing ern! of its rfght9 ar nsmedlea under this Agreement without Ipair-g tlterrr. ~. borrower and .~ny other ptiraori w~ s19ns, guarantees or endorses this Agreement, to the extent allowed by IatY, waive prssanttttant, demand ~:~ for payment, Artd.not9ee of rEslid'nor, Upon any change in the terms of this Agreement, and unless otherwise expressly stated in writing, no ~r who etpiis, this Agrerirnettt, whether, as maker, guarantor, acoommodatian maker or errdorssr, ahaM be released from 1labtUty. Alt BuCh • patties agree that !.ender may renew. or extend Irepeatadly and for any length of tune} this ban or release any party or guarantor or co!>atera4 or .•t1^npoir, fag to,reanxe upon or perfect Lend'er's aeourhy trttereat to the collateral; and take arty other eotion deemed necessary by Lander wrtttout the oortser!t ot•or ltotiaa to enyotte. A11 sucft part#es also agree that Lender may nto~fy d>is ban without the rartaetrt cf or rtotlr~ to anyone other than the'pa~Y with whom fie6don is made. The obllgatior-s under this Agreement era ,joint and several. 1t arty portion of this • "Agreamert 7s ~iFgr any reason datemslned to E-e unenforceable, tt wil not affect ilia enfaroeabipty of any ot}tet provisions of thfa Agreement. V/18 ABLE iN T EiAt iyF! ~Ot+tS~R.O ROWER A6R>;Ea TC TtiE TFRM8 OF THE p,GRYIEEMENT, C~ m~ ACB~~• IMCLIIDIN(~ THE I TFq~ A6R 1S CfiVFAI uNl~&it SEAI.•ANI? !T IS 1NTENt)® TWAT THIS A6Rt~N1ENT 1& AND $HAt.L GONSTITIlTE ANU HAVE THE ' ,Eff~GT of q s~ALt:u INST1tUNl~C1' atxDpDttitf rn LAw. eoRRaw~: ~ , . cohfTAlNEfiBRiGHT. tNC. /y . r~ ~ , .By' (.tom Q.._ ~~ $oait By: Seel} .. '~`t~ANC~, - ear aril a rasidant of WNTAINERBItIGHT.INC. CONTAIt~tBRlCStfT.1NC• uaeFNrot~..auvw,sil.~AOOd 6w.,y~,~..,1~wJwwYiMAkc.taf7,7ea. u,gwx...a, •"" TtR4TLRtC"EC.PC nti~Ahti' M.u ' , ~. '•~ . ,~ ~~,k .i• , „• w ~, '~~'' ' „•' . ' ~' '~', ~ ' .h_.~~~eP' • ~ k r x ''~Jk'' ~ ~y{ ° ae,:~ '~';it'a,.: ,.~ ,; ~~ ~/,,~~{{~~a~}{~~~.A _~ ly]l~.y,,~~.'~~ II~~' . YY •'~ ~ • ,~~' ''~ '~ ,' ,y,6~~MliJ"F~~.WMT.+~'~. .Yr.'Y~l......~4.,.rI','1.~. •f. .... . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PNC BANK, NATIONAL ASSOCIATION, Plaintiff, No. vs. CONTAINERBRIGHT, INC., 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: 2410 Gettysburg Road Camp Hill, PA 17011 By Donna M. Donaher, Esquire Attorney for PNC Bank, National Association AFFIDAVI'~ 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. ~-- ~--, Cam.. (~ .si----~ r ~~ Donna M. Donaher, Esquire Attorney for PNC Bank, National Association Sworn to and subscribed bef re me this '~~S_ day of ~ ¢F~°.~.'~--, 2008. +~, --_ . __ Notary Rubric cOMMONWEALTN OF PENNSYLVANIA No~~'I ~ ry Public BANK_FIN:311470-1 999999-999999 C ~ ~re~s~ 3u2009 tie ~ r Pen~ssyiaania Association of Notaries 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. (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 a-mail address. For electronic service by means other than facsimile transmission, see Rule 205.4(8). (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. BANK FIN:311470-1 999999-999999 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PNC BANK, NATIONAL ASSOCIATION, Plaintiff, vs. CONTAINERBRIGHT, INC., Defendant. No. AFFIDAVIT I, Darnella Ganaway, Attorney Relations Manager, PNC Bank, National Association, 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. PNC Bank, By: Sworn to and subscribed before me this 2~' z~ day of ~'A/liVl /-~~2. ~ , 2008. Association Darnella_~nawa7' Attomey Relations Manager ~- Notary Public My commission expires: ~~~~~~~/ co~noniwEarH of ~wKSnvnt~lA Ndarial Seel c~wendolyn Robi9a~, Notanr PubNc ~,m~ My Commiaeion E~q~'es Nw. 9, 2071 Member, Pennsylvania Association of Nofarlee BANK FIN:316683-1 000011-134131 VERIFICATION The undersigned, Darnella Gangway, hereby verifies the statements of fact contained in the attached Complaint in Replevin 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: ~ `~`~ "~~ BY~ Darnella gnaw Attorney Relations Manager ~ ~ n \/~.~ V, V~ ~ O ",. ._ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PNC BANK, NATIONAL ASSOCIATION, ) Plaintiff, ) No. vs. ) CONTAINERBRIGHT, INC., ) Defendant. ) TO: Containerbright, Inc. 2410 Gettysburg Road Camp Hill, PA 17011 NOTICE OF ENTRY OF JUDGMENT Please take notice that on ~Cb ~.`T , 2008, 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 $278,521.23, plus costs. Pr onotary, C bertand ounty