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Home My WebLink About08-1296 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PNC BANK, NATIONAL ASSOCIATION, Plaintiff, No. 08 laglo 019i l Tern vs. BRIAN J. TANDLE and SUSAN C. TANDLE, Defendants. CONFESSION OF JUDGMENT Pursuant to the authority granted in the Warrant of Attorney contained in the Guaranty, a copy of which is attached as Exhibit "A" to the Complaint filed in this action; Note-I, a copy of which is attached as Exhibit "B", the Change in Terms Agreement attached as Exhibit "C" and Note-II, a copy of which is attached as Exhibit "E", the undersigned attorney hereby appears for Defendants and confesses judgment in favor of Plaintiff, PNC BANK, NATIONAL ASSOCIATION, and against Defendants, jointly and severally, as follows: Note-I Note-II Total Principal Debt $ 226,219.99 $ 57,224.22 Interest through 10/26/07 25,842.57 4,647.32 Late Charges 1,252.42 984.36 Attorney's Commission 25.206.25 6.187.15 $ 278,521.23 $ 69,043.05 $ 347.564.28 A By Dori a M. Donaher, Esquire Attorney for PNC Bank, National Association IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PNC BANK, NATIONAL ASSOCIATION, Plaintiff, vs. BRIAN J. TANDLE and SUSAN C. TANDLE, CIVIL DIVISION NO. COMPLAINT IN CONFESSION OF JUDGMENT Filed on behalf of Plaintiff, PNC Bank, National Association Defendants. 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. vs. BRIAN J. TANDLE and SUSAN C. TANDLE, Defendants. 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 Brian J. Tandle and Susan Tandle, whose last known address is 179 Church Street, Victor, NY 14564. 3. Defendant is also Susan C. Tandle, whose last known address is 535 South Middlesex Road, Carlisle, PA 17013. 4. Paragraphs 1 through 3 are incorporated herein as if set forth at length. 5. Defendants, on April 4, 2003, executed a Commercial Guaranty ("Guaranty") and thereby guaranteed prompt and punctual payment of any and all indebtedness of Containerbright, Inc., owing to PNC Bank. A true and correct copy of the Guaranty is attached hereto, incorporated herein and labeled Exhibit "A". 6. Pursuant to the terms of the Guaranty, the Defendants did guaranty prompt and punctual payment of an indebtedness due under a Promissory Note ("Note-I") between PNC Bank and Containerbright, Inc. dated April 4, 2003. A true and correct copy of Note-I is attached hereto, incorporated herein, and labeled Exhibit "B". 7. By the Guaranty, Defendants, jointly and severally, promised to guarantee to pay Plaintiff the principal sum of $50,000.00 together with interest thereon in the manner provided by Note-I. 8. Pursuant to the terms of a Change in Terms Agreement dated March 4, 2004, the maximum principal balance of Note-I was increased to $250,000.00. A true and correct copy of the Change in Terms Agreement is attached hereto as Exhibit "C". 9. The Defendants did expressly consent to the terms of the Change in Terms Agreement. A true and correct copy of the Consent of Guarantor is attached hereto as Exhibit .1D" 10. There has been no assignment of the Guaranty. 11. Judgment has not been entered on the Guaranty in any jurisdiction against the Defendants or either Defendant. 12. 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. 13. By Warrant of Attorney contained in the Guaranty, Defendants authorized entry of judgment by confession. 14. Pursuant to the Warrant of Attorney executed by Defendants, Defendants waived the benefit of all laws exempting real or personal property from execution. 15. Pursuant to the Warrant of Attorney contained in the Guaranty, judgment may now be entered against Defendants as payment on Noted was not made when due thereby creating an event of default under Note-I and accelerating all amounts due thereunder. -2- 16. Under the Guaranty and Note-I, the following amounts are now due by Defendants to PNCB: Principal Debt $ 226,219.99 Interest through 10/26/07 25,842.57 Late Charges 1,252.42 Attorney's Commission 25,206.25 Total $ 278,521.23 17. Under the terms of the Guaranty, Defendants are liable to PNCB for attorney's commission of ten percent for collection. WHEREFORE, Plaintiff, PNCB, demands that a judgment be entered against Defendants, Brian J. Tandle and Susan C. Tandle, jointly and severally, as authorized in the Warrant of Attorney contained in the Guaranty, in the sum of $278,521.23, together with interest and costs of suit. 18. Paragraphs 1 through 17 are incorporated herein as if set forth at length. 19. Pursuant to the Guaranty, the Defendants also guaranteed prompt and punctual payment of the indebtedness due under a certain Promissory Note ("Note-II") between PNC Bank and Containerbright, Inc. dated April 4, 2003. A true and correct copy of Note-II is attached hereto, incorporated herein and labeled Exhibit "E". 20. The judgment by confession sought by PNCB in this complaint is not being entered against a natural person in connection with the consumer credit transaction. 21. By the Guaranty, Defendants, jointly and severally, promised to guarantee to pay Plaintiff the principal sum of $100,000.00, together with interest thereon in the manner provided by Note-II. -3- 22. Pursuant to the Warrant of Attorney contained in the Guaranty, judgment may now be entered against Defendants as payment on Note-II was not made when due thereby creating an event of default under Note-II and accelerating all amounts due thereunder. 23. Under the Guaranty and Note-II, the following amounts are now due by Defendants to PNCB: Principal Debt $ 57,224.22 Interest through 10/26/07 4,647.32 Late Charges 984.36 Attorney's Commission 6.187.15 Total $ 69,043.05 24. Under the terms of the Guaranty, Defendants are liable to PNCB for attorney's commission of ten percent for collection. WHEREFORE, Plaintiff, PNCB, demands that a judgment be entered against Defendants, Brian J. Tandle and Susan C. Tandle, jointly and severally, as authorized in the Warrant of Attorney contained in the Guaranty, in the sum of $69,043.05, together with interest and costs of suit. 25. Paragraphs 1 through 24 are incorporated herein as if set forth at length. WHEREFORE, Plaintiff, PNCB, demands that a judgment be entered against Defendants, Brian J. Tandle and Susan C. Tandle, jointly and severally, as authorized in the Warrant of Attorney contained in the Guaranty, in the sum of $347,564.28, together with interest and costs of suit. TUCKER ARENSBERG, P.C. Donna M. Donaher, Esquire 1500 One PPG Place Pittsburgh, PA 15222 (412) 566-1212 -4- COMMERCIAL GUARANTY ? t? ' ''; ; : i #p$T . .. C .D ?t> M WRY Aoc unt .::::.. Gfflaer Jt itf 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 Banking CAMP HILL, PA 17011 4242 Carlisle Pike Camp Hill, PA 17001 Guarantor: BRIAN J. TANDLE (SSN: 095-70-7266) SUSAN C. TANDLE (SSN: 106-58.4037) 179 CHURCH STREET VICTOR, NY 14564 AMOUNT OF GUARANTY. The amount of this Guaranty is Unlimited. CONTINUING UNLIMITED GUARANTY. For good and valuable consideration, BRIAN J. TANDLE and SUSAN C. TANDLE ('Guarantor"i absolutely and unconditionally guarantees and promises to pay, jointly and severally, to PNC Bank, National Association ("Lender") or its order, in legal tender of the United States of America, the Indebtedness (as that term is defined below) of CONTAINERBRIGHT, INC. ("Borrower') to Lender on the terms and conditions set forth in this Guaranty. Under this Guaranty, the liability of Guarantor is unlimited and the obligations of Guarantor are continuing. INDEBTEDNESS GUARANTEED. The Indebtedness guaranteed by this Guaranty includes any and all of Borrower's indebtedness to Lender and is used in the most comprehensive sense and means and includes any and all of Borrower's liabilities, obligations and debts to Lender, now existing or hereinafter incurred or created, including, without limitation, all loans, advances, interest, costs, debts, overdraft indebtedness, credit card indebtedness, lease obligations, other obligations, and liabilities of Borrower, or any of them, and any present or future judgments against Borrower, or any of them; and whether any such Indebtedness is voluntarily or involuntarily incurred, due or not due, absolute or contingent, liquidated or unliquidated, determined or undetermined; whether Borrower may be liable individually or jointly with others, or primarily or secondarily, or as guarantor or surety; whether recovery on the Indebtedness may be or may become barred or unenforceable against Borrower for any reason whatsoever; and whether the Indebtedness arises from transactions which may be voidable on account of infancy, insanity, ultra vires, or otherwise, DURATION OF GUARANTY. This Guaranty will take effect when received by Lender without the necessity of any acceptance by Lender, or any notice to Guarantor or to Borrower, and will continue in full force until all Indebtedness incurred or contracted before receipt by Lender of any notice of revocation shall have been fully and finally paid and satisfied and all of Guarantor's other obligations under. this Guaranty shall have been performed in full. If Guarantor elects to revoke this Guaranty, Guarantor may only do so in writing. Guarantor's written notice of revocation must be mailed to Lender, by certified mall, at Lender's address listed above or such other place as Lender may designate in writing. Written revocation of this Guaranty will apply only to advances or new Indebtedness created after actual receipt by Lender of Guarantor's written revocation. For this purpose and without limitation, the term "new Indebtedness" does not include Indebtedness which at the time of notice of revocation is contingent, uhliquidated, undetermined or not due and which later becomes absolute, liquidated, determined or due. This Guaranty will continue to bind Guarantor for all Indebtedness incurred by Borrower or committed by Lender prior to receipt of Guarantor's written notice of revocation, including any extensions, renewals, substitutloas or modifications of the Indebtedness. All renewals, extensions, substitutions, and modifications of the Indebtedness granted after Guarantor's revocation, are contemplated under this Guaranty and, specifically will not be considered to be new Indebtedness. This Guaranty shall bind Guarantor's estate as to Indebtedness created both before and after Guarantor's death or incapacity, regardless of Lender's actual notice of Guarantor's death. Subject to the foregoing, Guarantor's executor or administrator or other legal representative may terminate this Guaranty in the same manner in which Guarantor might have terminated it and. with the same effect. Release of any other guarantor or termination of any other guaranty of the Indebtedness shall not affect the liability of Guarantor under this Guaranty. A revocation Lender receives from any one or more Guarantors shall.not affect the liability of any remaining Guarantors under this Guaranty. It is anticipated that fluctuations may occur in the aggregate amount of Indebtedness covered by this Guaranty, and Guarantor specifically acknowledges and agrees that reductions in the amount of Indebtedness, even to zero dollars ($0.00). prior to Guarantor's written revocation of this Guaranty shall not constitute a termination of this Guaranty. This Guaranty is binding upon Guarantor and Guarantor's heirs, successors and assigns so long as any of the guaranteed Indebtedness remains unpaid and even though the Indebtedness guaranteed may from time to time be zero dollars ($0.00). GUARANTOR'S AUTHORIZATION TO LENDER. Guarantor authorizes Lender, either before or after any revocation hereof, without notice or demand and without lessening Guarantor's liability under this Guaranty, from time to time: (A) prior to revocation as set forth above, to make one or more additional secured or unsecured loans to Borrower, to lease equipment or other goods to Borrower, or otherwise to .extend addition) credit to Borrower; Ill) to alter, compromise, renew, extend, accelerate. or otherwise change one or more times the time for payment or other terms of the Indebtedness or any part of the Indebtedness, including increases and decreases of the rate of interest on the Indebtedness; extensions may be repeated and may be for longer than the original loan term; (C) to take and hold security for the payment of this Guaranty or the Indebtedness, and exchange, enforce, waive, subordinate, fail or decide not to perfect, and release any such security, with or without the substitution of new collateral; (D) to release, substitute, agree not to sue, or deal with any one or more of Borrower's sureties, endorsers, or other guarantors on-any terms or in any manner Lender may choose; (E) to determine how, when and what application of payments and credits shall be made on the Indebtedness (F) to apply such security and direct the order or manner of sale thereof, including without limitation, any nonjudiclal sale permitted by the terms of the controlling security agreement or deed of trust, as Lender in its discretion may determine; (G) to sell, transfer, assign or grant participations in all or any part of the Indebtedness; and (H) to assign or transfer this Guaranty in whole or in part. GUARANTOR'S REPRESENTATIONS AND WARRANTIES. Guarantor represents and warrants to Lender that (A) no representations or agreements of any kind have been made to Guarantor which would limit or qualify in any way the terms of this Guaranty; (B) this Guaranty is executed at Borrower's request and not at the request of Lender; (C) Guarantor has full power, right and authority to enter into this Guaranty; (D) the provisions of this Guaranty do not conflict with or result in a default under any agreement or other instrument binding upon Guarantor and do not result in a violation of any law, regulation, court decree or order applicable to Guarantor; (E) Guarantor has not and will not, without the prior written consent of Lender, sell, lease, assign, encumber, hypothecate, transfer, or otherwise dispose of all or substantially all of Guarantor's assets, or any interest therein; (F) upon Lender's request, Guarantor will provide to Lender financial and credit information in form acceptable to Lender, and all such financial information which hag hPon Jersely re financial information which will be provided to Lender is and wilt be true and correct in all material respe financial condition as of the dates the financial information is provided; (G) no material adverse change EXHIBIT cial condition since the date of the most recent financial statements provided to Lender and no event has o affect Guarantor's financial condition; (H) no litigation, claim, investigation, admintstrative proceeding 1 or unpaid taxes) against Guarantor is pending or COMMERCIAL GUARANTY ? W? ?/ Frfricjp i::..:::a;; ' : Lo2?1:. 3 t ";> :.;.: aE#flrrl#Y:.' :::`.:::a ::c ........................ . '..: Cat 3' '„". •' AoCouttit';.::.:'::: .Officer ;;:. °:`:':,]R°/'476° - ;:°: °11r•?1::: 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. Any item above containing " * - has been omitted due to text length limitations. _ Borrower: CONTAINERBRIGHT, INC. ITIN: 46-0507008) 2410 GETTYSBURG ROAD CAMP HILL, PA 17011 Lender: PNC Bank, National Association Business Banking 4242 Carlisle Pike Camp Hill, PA 17001 Guarantor: BRIAN J. TANDLE ISSN: 095-70-7266) SUSAN C. TANDLE (SSN: 106-58-4037) 179 CHURCH STREET VICTOR, NY 14564 AMOUNT OF GUARANTY. The amount of this Guaranty is Unlimited. CONTINUING UNLIMITED GUARANTY. For good and valuable consideration, BRIAN J. TANDLE and SUSAN C. TANDLE ("Guarantor") absolutely and unconditionally guarantees and promises to pay, jointly and severally, to PNC Bank, National Association ("Lender") or its order, it legal tender of the United States of America, the Indebtedness (as that term is defined below) of CONTAINERBRIGHT, INC. ("Borrower") to Lender on the terms and conditions set forth in this Guaranty. Under this Guaranty, the liability of Guarantor is unlimited and the obligations of Guarantor are continuing. INDEBTEDNESS GUARANTEED. The Indebtedness guaranteed by this Guaranty includes any and all of Borrower's indebtedness to Lender and is used in the most comprehensive sense and means and includes any and all of Borrower's liabilities, obligations and debts to Lender, now existing or hereinafter incurred or created, including, without limitation, all loans, advances, interest, costs, debts, overdraft indebtedness, credit card indebtedness, lease obligations, other obligations, and liabilities of Borrower, or any of them, and any present or future judgments against Borrower, or any of them; and whether any such indebtedness is voluntarily or involuntarily incurred, due or not due, absolute or contingent, liquidated or unliquidated, determined or undetermined; whether Borrower may be liable individually or jointly with others, or primarily or secondarily, or as guarantor or surety; whether recovery on the Indebtedness may be or may become barred or unenforceable against Borrower for any reason whatsoever; and whether the Indebtedness arises from transactions which may be voidable on account of infancy, insanity, ultra vires, or otherwise. DURATION OF GUARANTY. This Guaranty will take effect when received by Lender without the necessity of any acceptance by Lender, or any notice to Guarantor or to Borrower, and will continue in full force until all Indebtedness incurred or contracted before receipt by Lender of any notice of revocation shall have been fully and finally paid and satisfied and all of Guarantor's other obligations under-this Guaranty shall have been performed in full. If Guarantor elects to revoke this Guaranty. Guarantor may only do so in writing. Guarantor's written notice of revocation must be mailed to Lender, by certified mail, at Lender's address listed above or such other place as Lender may designate in writing. Written revocation of this Guaranty will apply only to advances or new Indebtedness created after actual receipt by Lender of Guarantor's written revocation. For this. purpose and without limitation, the term "new Indebtedness" does not include Indebtedness which at the time of notice of revocation is contingent, unliquidated, undetermined or not due and which later becomes absolute, liquidated, determined or due. This Guaranty wig continue to bind Guarantor for all Indebtedness incurred by Borrower or committed by Lender prior to receipt of Guarantor's written notice of revocation, including any extensions, renewals, substitutions or modifications of the Indebtedness. All renewals, extensions, substitutions, and modifications of the Indebtedness granted after Guarantor's revocation, are contemplated under this Guaranty and, specifically will not be considered to be new Indebtedness. This Guaranty shall bind Guarantor's estate as to Indebtedness created both before and after Guarantor's death or incapacity, regardless of Lender's actual notice of Guarantor's death. Subject to the foregoing, Guarantor's executor or, administrator or other legal representative may terminate this Guaranty in the same manner in which Guarantor might have terminated it and with the same effect. Release of any other guarantor or termination of any other guaranty of the Indebtedness shall not affect the liability of Guarantor under this Guaranty. A revocation Lender receives from any one or more Guarantors shall not affect the liability of any remaining Guarantors under this Guaranty. It is anticipated that fluctuations may occur in the aggregate amount of Indebtedness covered by this Guaranty, and Guarantor specifically acknowledges and agrees that reductions in the amount of Indebtedness, even to zero dollars ($0.00), prior to Guarantor's written revocation of this Guaranty shall not constitute a termination of this Guaranty. This Guaranty is bindng upon Guarantor and Guarantor's heirs, successors and assigns so long as any of the guaranteed Indebtedness remains unpaid and even though the Indebtedness guaranteed may from time to time be zero dollars ($0.00). GUARANTOR'S AUTHORIZATION TO LENDER. Guarantor authorizes Lender, either before or after any revocation hereof, without notice or demand and without lessening Guarantor's liability under this Guaranty, from time to time: (A) prior to revocation as set forth above, to make one or more additional secured or unsecured loans to Borrower, to lease equipment or other goods to Borrower, or otherwise to extend additional credit to Borrower, (B) to alter, compromise, renew, extend, accelerate, or otherwise change one or more times the time for payment or other terms of the Indebtedness or any part of the Indebtedness, including increases and decreases of the rate of interest on the Indebtedness; extensions may be repeated and may be for longer than the original loan term; (C) to take and hold security for the payment of this Guaranty or the Indebtedness, and exchange, enforce, waive, subordinate, fail or decide not to perfect, and release any such security, with or without the substitution of new collateral; (D) to release, substitute, agree not to sue, or deal with any one or more of Borrower's sureties, endorsers, or other guarantors on any terms or in any manner Lender may choose; (E) to determine how, when and what application of payments and credits shall be made on the Indebtedness (F) to apply such security and direct the order or manner of sale thereof, including without limitation, any nonjudicial sale permitted by the terms of the controlling security agreement or deed of trust, as Lender in its discretion may determine; (G) to sell, transfer, assign or grant participations in all or any part of the Indebtedness; and (H) to assign or transfer this Guaranty in whole or in part. GUARANTOR'S REPRESENTATIONS AND WARRANTIES. Guarantor represents and warrants to Lender that (A) no representations or agreements of any kind have been made to Guarantor which would limit or qualify in any way the terms of this Guaranty; (B) this Guaranty is executed at Borrower's request and not at the request of Lender; (C) Guarantor has full power, right and authority to enter into this Guaranty; (D) the provisions of this Guaranty do not conflict with or result in a default under any agreement or other instrument binding upon Guarantor and do not result in a violation of any law, regulation, court decree or order applicable to Guarantor; (E) Guarantor has not and will not, without the prior written consent of Lender, sell, lease, assign, encumber, hypothecate, transfer, or otherwise dispose of all or substantially all of Guarantor's assets, or any interest therein; ..(F) upon Lender's request, Guarantor will provide to Lender financial and credit information in form acceptable to Lender, and all such financial information which currently has been, and all future financial information which will be provided to Lender is and will be true and correct in all material respects and fairly present Guarantor's financial condition as of the dates the financial information is provided; (G) no material adverse change has occurred in Guarantor's financial condition since the date of the most recent financial statements provided to Lender and no event has occurred which may materially adversely affect Guarantor's financial condition; (H) no litigation, claim, investigation, administrative proceeding or similar action (including those for unpaid taxes) against Guarantor'is pending or COMMERCIAL GUARANTY 2 (Continued) pa v threatened; (1) Lender has made no representation to Guarantor as to the creditworthiness of Borrower; and (J) Guarantor has established adequate means of obtaining from Borrower on a continuing basis information regarding Borrower's financial condition. Guarantor agrees to keep adequately informed from such means of any facts, events, or circumstances which might in any way affect Guarantor's risks under this Guaranty, and Guarantor further agrees that Lender shall have no obligation to disclose to Guarantor arty information or documents acquired by Lender in the course of its relationship with Borrower. GUARANTOR'S WAIVERS. Except as prohibited by applicable law, Guarantor waives any right to require Lender (Al, to continue lending money or to extend other credit to Borrower; 113) to make any presentment. protest, demand, or notice of any kind, including notice of any nonpayment of the Indebtedness or of any nonpayment related to any collateral, or notice of any actin or nonaction on the part of Borrower, Lender, any surety, endorser, or other guarantor in connection with the Indebtedness or in connectidtf`with the creation of new or additional loans or obligations; (C) to resort for payment or to proceed directly or at once against any person. Including Borrower or any other guarantor; (D) to proceed directly against or exhaust any collateral held by Lender from Borrower, any other guarantor, or any other person; (E) to give notice of the terms, time, and place of any public or private sale of personal property security held by Lender from Borrower or to comply with any other applicable provisions of the Uniform Commercial Code; P to pursue any other remedy within Lender's power; or (G) to commit any act or omission of any kind, or at any time, with respect to any matter whatsoever. Guarantor also waives any and all rights or defenses arising by reason of (A) any "one action" or 'anti-deficiency' law or any other law which may prevent Lender from bringing any action, including a claim for deficiency, against Guarantor, before or after Lender's commencement or completion of any foreclosure action, either judicially or by exercise of a power of sale; (B? any election of remedies by Lender which destroys or otherwise adversely affects Guarantor's subrogation rights or Guarantor's. rights to proceed against Borrower for reimbursement, including without limitation, any loss of rights Guarantor may suffer by reason of any law limiting, qualifying, or discharging the indebtedness; (C) any disability or other defense of Borrower, of any other guarantor, or of any other person, or by reason of the cessation of Borrower's liability from any cause whatsoever, other than payment in full in legal tender, of the indebtedness; (D) any right to claim discharge of the Indebtedness on the basis of unjustified impairment of any collateral for the Indebtedness; (E) any statute of imitations. If at any time any action or suit brought by Lender against Guarantor is commenced, there is outstanding Indebtedness of Borrower to Lender which is not barred by any applicable statute of limitations; or (F) any defenses given to guarantors at law or in equity other than actual payment and performance of the Indebtedness. If payment is made by Borrower, whether voluntarily or otherwise, or by any third party, on the Indebtedness and thereafter Lender is forced to remit the amount of that payment to Borrower's trustee in bankruptcy or to any similar person under any federal or state bankruptcy law or law for the relief of debtors, the indebtedness shall be considered unpaid for the purpose of the enforcement of this Guaranty. Guarantor further waives and agrees not to assert or claim at any time any deductions to the amount- guaranteed under this Guaranty for any claim of setoff, counterclaim, counter demand, recoupment or similar right, whether such claim, demand or right may be asserted by the Borrower, the Guarantor, or both. - GUARANTOR'S UNDERSTANDING WITH RESPECT TO WAIVERS. Guarantor warrants and agrees that each of the waivers set forth above is made with Guarantor's full knowledge of its significance and consequences and that, under the circumstances, the waivers are reasonable and not contrary to public policy or law. If any such waiver is determined to be contrary to any applicable law or public policy, such waiver shall be effective only to the extent permitted by law or public policy. LENDER'S RIGHT OF SETOFF. To the extent permitted by applicable law, Guarantor grants Lender a contractual security interest in, and hereby assigns, conveys, delivers, pledges and transfers to Lender all of Guarantor's right, title and interest in and to Guarantor's accounts with Lender (whether checking, savings or some other account), including without limitation all accounts held jointly with someone else and all accounts Guarantor may open in the future, excluding however all IRA and Keogh accounts, and all trust accounts for which the grant of a security interest would be prohibited by law. Guarantor authorizes Lender, to the extent permitted by applicable law, to charge or setoff all sums owtng on the Indebtedness against any and all such accounts and, at Lender's option, to administratively freeze all such accounts to allow Lender to protect Lender's charge and setoff rights provided in this paragraph. SUBORDINATION OF BORROWER'S DEBTS TO GUARANTOR. Guarantor agrees that the indebtedness of Borrower to Lender, whether now existing or hereafter created, shall be superior to any claim that Guarantor may now have or hereafter acquire against Borrower, whether or not Borrower becomes insolvent. Guarantor hereby expressly subordinates any claim Guarantor may have against Borrower, upon any account whatsoever, to any claim that Lender may now or hereafter have against Borrower. In the event of insolvency and consequent liquidation of the assets of Borrower, through bankruptcy, by an assignment for the benefit of creditors, by voluntary liquidation, or otherwise, the assets of Borrower applicable to the payment of the claims of both Lender and Guarantor shall be paid to Lender and shall be first applied by Lender to the Indebtedness of Borrower to Lender. Guarantor does hereby assign to Lender all claims which it may have or acquire against Borrower or against any assignee or trustee in bankruptcy of Borrower; provided however, that such assignment shall be effective only for the purpose of assuring to Lender full payment in legal tender of the Indebtedness. It Lender so requests, any notes or credit agreements now or hereafter evidencing any debts or obligations of Borrower to Guarantor shall be marked with a legend that the some are subject to this Guaranty and shall be delivered to Lender. Guarantor agrees, and Lender is hereby authorized, in the name of Guarantor, from time to time to execute and file financing statements and continuation statements and to execute such other documents and to take such other actions as Lender deems necessary or appropriate to perfect, preserve and enforce its rights under this Guaranty. MISCELLANEOUS PROVISIONS. The following miscellaneous provisions are a part of this Guaranty: Amendments. This Guaranty, together with any Related Documents, constitutes the entire understanding and agreement of the parties as to the matters set forth in this Guaranty. No alteration of or amendment to this Guaranty shall be effective unless given in writing and signed by the party or parties sought to be charged or bound by the alteration or amendment. Attorneys' Fees; Expenses. Guarantor agrees to pay upon demand all of Lender's costs and expenses, including Lender's attorneys' fees and Lender's legal expenses, incurred in connection with the enforcement of this Guaranty. Lender may hire or pay someone else to help enforce this Guaranty, and Guarantor shall pay the costs and expenses of such enforcement. Costs and expenses include Lender's attorneys' fees and legal expenses whether or not there is a lawsuit, including attorneys' fees and legal expenses for bankruptcy proceedings (including efforts to modify or vacate any automatic stay or injunction), appeals, and any anticipated post-judgment collection services. Guarantor also shall pay all court costs and such additional fees as may be directed by the court. Caption Headings. Caption headings in this Guaranty are for convenience purposes only and are not to be used to interpret or define the provisions of this Guaranty. Governing Law. This Guaranty will be governed by, construed and enforced in accordance with federal law and the laws of the Commonwealth of Pennsylvania. This Guaranty has been accepted by Lender in the Commonwealth of Pennsylvania. Choice of Venue. if there is a lawsuit, Guarantor agrees upon Lenders request to submit to the jurisdiction of the courts of Cumberland County, Commonwealth of Pennsylvania. integration. Guarantor further agrees that Guarantor has read and fully understands the terms of this Guaranty; Guarantor has had the opportunity to be advised by Guarantor's attorney with respect to this Guaranty; the Guaranty fully reflects Guarantor's intentions and parol COMMERCIAL GUARANTY (Continued) Page 3 evidence is not required to interpret the terms of this Guaranty. Guarantor hereby indemnifies and holds Lender harmless from all losses, claims, damages, and costs (including Lender's attorneys' fees) suffered or incurred by Lender as a result of any breach by Guarantor of the warranties, representations and agreements of this paragraph. Interpretation. In all cases where there is more than one Borrower or Guarantor, then all words used in this Guaranty in the singular shall be deemed to have been used in the plural where the context and construction so require; and where there is more than one Borrower named in this Guaranty or when this Guaranty is executed by more than one Guarantor, the words "Borrower" and "Guarantor" respectively shall mean all and any one or more of them. The words "Guarantor," "Borrower,' and "Lender" include the heirs, successors, assigns, and transferees of each of them. If a court finds that any provision of this Guaranty is not valid or should not be enforced, that fact by itself will not mean that the rest of this Guaranty will not be valid or enforced. Therefore, a court will enforce the rest of the provisions of this Guaranty even if"a provision of this Guaranty may be found to be invalid or unenforceable. If any one or more of Borrower or Guarantor are corporations, partnerships, limited liability companies, or similar entities, it is not necessary for Lender to inquire into the powers of Borrower or Guarantor or of the officers, directors, partners, managers, or other agents acting or purporting to act on their behalf, and any Loan indebtedness made or created in reliance upon the professed exercise of such powers shall be guaranteed under this Guaranty. Notices. Unless otherwise provided by applicable law, any notice required to be given under this Guaranty shall be given in writing, and, except for revocation notices by Guarantor, shall be effective, when actually delivered, when actually received by teletacsimile (unless otherwise required by law), when deposited with a nationally recognized overnight courier,-or, if mailed, when deposited in the United States mail, as first class, certified or registered mail postage prepaid, directed to the addresses shown near the beginning of this Guaranty. Ali revocation notices by Guarantor shall be in writing and shall be effective upon delivery to Lender as provided in the section of this Guaranty entitled "DURATION OF GUARANTY." Any party may change its address for notices under this Guaranty by giving formal written notice to the other parties, specifying that the purpose of the notice is to change the party's address. For notice purposes, Guarantor agrees to keep Lender informed at all times of Guarantor's current address. Unless otherwise provided by applicable law, if there is more than one Guarantor, any notice given by Lender to any Guarantor is deemed to be notice given to all Guarantors. No Waiver by Lender. Lender shall not be deemed to have waived any rights under this Guaranty unless such waiver is given in writing and signed by Lender. No delay or omission on the part of Lender in exercising any right shall operate as a waiver of such right or any other right. A waiver by Lender of a provision of this Guaranty shall not prejudice or constitute a waiver of Lender's right otherwise to demand strict compliance with that provision or any other provision of this Guaranty. No prior waiver by Lender, nor any course of dealing between Lender and Guarantor, shall constitute a waiver of any of Lender's rights or of any of Guarantor's obligations as to any future transactions. Whenever the consent of Lender is required under this Guaranty, the granting of such consent by Lender in any instance shall not constitute continuing consent to subsequent instances where such consent Is required and in all cases such consent may be granted or withheld in the sole discretion of Lender. Successors and Assigns. The terms of this Guaranty shall be binding upon Guarantor, and upon Guarantor's heirs, personal representatives, successors, and assigns, and shall be enforceable by Lender and its successors and assigns. WAIVER OF JURY TRIAL. GUARANTOR IRREVOCABLY WAIVES ANY AND ALL RIGHT GUARANTOR MAY HAVE TO A TRIAL BY JURY IN ANY ACTION, PROCEEDING OR CLAIM OF ANY NATURE RELATING TO THIS GUARANTY, ANY RELATED DOCUMENTS, OR ANY DOCUMENTS EXECUTED IN CONNECTION WITH THIS GUARANTY OR ANY TRANSACTION CONTEMPLATED IN ANY OF SUCH DOCUMENTS. GUARANTOR ACKNOWLEDGES THAT THE FOREGOING WAIVER IS KNOWING AND VOLUNTARY. LIMITED RECOURSE AS TO NON-APPLICANT SPOUSE. Notwithstanding anything contained herein to the contrary, it is agreed that, unless an exception to the requirements of Regulation B of the Board of Governors of the Federal Reserve System applies in connection with the extension of the Indebtedness and the execution of this Guaranty, the spouse who is deemed not to be the "applicant for credit" for purposes of such regulation (the "Non-Applicant Spouse") shall be persoanlly liable under this Guaranty only with respect to assets held jointly as of the date hereof or hereafter acquired, and the lien of any judgment, order or other relief against the Non-Applicant Spouse shall be limited thereto. Nothing herein, however, shall limit the Lender's rights against any person, firm or entity other than the Non-Applicant Spouse. AUTHORIZATION TO OBTAIN CREDIT REPORTS. If the Guarantor is/are an individual(s), by signing below, the undersigned individual(s), provides written authorization to Lender or its designee (and any assignee or potential assignee hereof) to obtain his/her/their personal credit profile(s) from one or more national credit bureaus. Such authorization shall extend to obtaining a credit profile(s) in considering any extension of credit to the Borrower or the Guarantor and subsequently for the purposes of update, renewal or extension of such credit or additional credit and for reviewing or collecting the resulting account. A photocopy or facsimile copy of this authorization shall be valid as the original. By signature below, Uwe affirm my/our identity as the respective individual/s identified in this Guaranty. DEFINITIONS. The following capitalized words and terms shall have the following meanings when used in this Guaranty. Unless specifically stated to the contrary, all references to dollar amounts shall mean amounts in lawful money of the United States of America. Words and terms used in the singular shall include the plural, and the plural shall include the singular, as the context may require. Words and terms not otherwise defined in this Guaranty shall have the meanings attributed to such terms in the Uniform Commercial Code: Borrower. The word "Borrower" means CONTAINERBRIGHT, INC., and all other persons and entities signing the Note in whatever capacity. Guarantor. The word "Guarantor" means each and every person or entity signing this Guaranty, including without limitation BRIAN J. TANDLE and SUSAN C. TANDLE. Guaranty. The word "Guaranty" means the guaranty from Guarantor to Lender, including without limitation a guaranty of all or part of the Note. Borrower's indebtedness to Lender as more particularly described in this Guaranty. Indebtedness. The word "indebtedness" means the indebtedness evidenced by the Note, or Related Documents, including all principal and interest together with all other indebtedness and costs and expenses for which Borrower Is responsible under this Guaranty or under any of the Related Documents. In addition, the word "Indebtedness" includes all other obligations, debts and liabilities, plus interest thereon, of Borrower, or any one or more of them, to Lender, as well as all claims by Lender against Borrower, or any one or more of them, whether existing now or later; whether they are voluntary or involuntary, due or not due, direct or indirect, absolute or contingent, liquidated or unliquidated; whether Borrower may be liable individually or jointly with others; whether Borrower may be obligated as a guarantor, surety, accommodation party or otherwise; whether recovery upon such indebtedness may be or hereafter may become barred by any statute of limitations; and whether such indebtedness may be or hereafter may become otherwise unenforceable. Lender. The word "Lender' means PNC Bank, National Association, its successors and assigns. Related. Documents. The words "Related Documents" mean all promissory notes, credit agreements, loan agreements, environmental agreements, guaranties, security agreements, mortgages, deeds of trust, security deeds, collateral mortgages, and all other instruments, agreements and documents, whether now or hereafter existing, executed in connection with the indebtedness.. COMMERCIAL GUARANTY (Continued) Page 4 CONFESSION OF JUDGEMENT. THE GUARANTOR HEREBY EMPOWERS ANY ATTORNEY OF ANY COURT OF RECORD, AFTER THE OCCURRENCE OF ANY EVENT OF DEFAULT HEREUNDER, TO APPEAR FOR THE GUARANTOR AND, YATH OR WITHOUT COMPLAINT FILED, CONFESS JUDGMENT, OR A SERIES OF JUDGMENTS, AGAINST THE GUARANTOR IN FAVOR OF (ENDER OR ANY HOLDER HEREOF FOR THE ENTIRE PRINCIPAL BALANCE OF THIS GUARANTY, ALL ACCRUED INTEREST AND ALL OTHER AMOUNTS DUE HEREUNDER, TOGETHER WITH 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, THIS NOTE OR A COPY VERIFIED BY AFFIDAVIT SHALL BE A SUFFICIENT WARRANT. THE GUARANTOR HEREBY FOREVER WAIVES AND RELEASES ALL ERRORS IN SAID PROCEEDINGS AND ALL RIGHTS OF APPEAL AND ALL RELIEF FROM ANY AND ALL APPRAISEMENT. STAY OR EXEMPTION LANAIS 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 Or%DGMENTS, 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 IT MAY BE EXERCISED FROM TIME TO TIMt AS OFTEN AS LENDER SHALL ELECT UNTIL SUCH TIME AS LENDER SHALL HAVE RECEIVED PAYMENT IN FULL OF THE DEBT, INTEREST AND COSTS. NOTWITHSTANDING THE ATTORNEY'S COMMISSION PROVIDED FOR IN 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 GUARANTOR SHALL NOT EXCEED THE ACTUAL ATTORNEYS' FEES INCURRED BY LENDER. _ GUARANTOR ACKNOWLEDGES HAVING READ ALL THE PROVISIONS OF THIS COMMERCIAL GUAFfLA NTY AND GUARANTOR AGREES?0 ITS TERMS. THIS COMMERCIAL GUARANTY IS DATED APRIL 4, 2003. THIS GUARANTY IS GnM.4 UNDER SEAL AND IT IS INTENDED THAT THIS GUARANTY IS AND SHALL CONSTITUTE AND HAVE THE EFFECT OF A SEALED INSTRUMENT ACCORDING TO LAW. GUARANTOR: - r j . / )2a XFRD X Seal] ....,, . .._ . BRIAN J. TANDLE, Individua SUSAN C. TANDLE, viduaMY ILAsE I no w4". v.. 6.4 10.0641 Caww.a Msw -§ tfn. 7= ""y P....w • rA -Cprpll[*.Fc mXMWV M641 PROMISSORY NOTE 3j 01 ?7? C .....,i VaP..I: WRR...;: r;uurtt . • elttrcex.; .. rn rs 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, Any item above containing """ has been omitted due to text length limitations. Borrower: CONTAINERBRIGHT, INC. (TIN: 46-05070081 Lender: PNC Bank, National Association 2410 GETTYSBURG ROAD Business Banking CAMP HILL, PA 17011 4242 Carlisle Pike Camp Will. PA 17001 Principal Amount: $50,000.00 Initial Rate: 7.000% Date of Note: April 4, 2003 PROMISE TO PAY. CONTAINERBRIGHT, INC. ("Borrower") promises to pay to PNC Bank, National Association ("Lender"), or order, in lawful money of the United States of America, the principal amount of Fifty Thousand ale 00/100 Dollars ($50,000.00) or so much as may be outstanding, together with interest on the unpaid outstanding principal balance of each advance. Interest shall be calculated from the date of each advance until repayment of each advance. PAYMENT. Borrower wgl pay this loan in accordance with the following payment schedule: Borrower will pay regular monthly payments of accrued interest beginning MAY 4, 2003, and all subsequent interest payments are due on the same day of each month after that. Borrower w91 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 unRH the Expiration Date, subject to the terms and conditions of this Note. The "Expiration Date" shag mean APRIL 4, 2005, or such later date as may be designated by written notice from Lander to Borrower. Borrower acknowiedges and agrees that in no irvent wN Lender be under any obligation to extend or renew the loan or this Note beyond the initial Expiration Date. In no event shall the aggregate unpaid principal amount of advances under this Note exceed the face amount of this Note. Unless otherwise agreed or required by applicable law, payments will be applied first to accrued unpaid interest, than to principal, and any remaining amount to any unpaid collection costs and Into charges. The annual interest rate for this Nate is computed on a 365/360 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'). 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 well. The Index 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 index, resulting in an initial rate of 7.000% per annum. NOTICE: Under no circumstances will the interest rate on this Note be more than the maximum rate allowed by applicable law. PREPAYMENT. Borrower may pay without penalty all or a portion of the amount owed earlier than it is due. Early payments will not, unless . agreed to by Lender in writing, relieve Borrower of Borrower's obligation to continue to make payments of accrued unpaid interest. Rather, early payments will 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 will 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 satisfaction of a disputed amount must be mailed or delivered to: PNC Bank, National Association, Attn: Doc Prep/Operations Department - BBCAC, 8800 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 $100.00, whichever is less. INTEREST AFTER DEFAULT. Upon default, including failure to pay upon final maturity, Lender, at its option, may, if permitted under applicable law, increase-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 oun any of the related documents or to comply with or to perform any term, obligation, covenant or condition contained in any other 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, self-help, repossession or any other method, by any creditor of Borrower orb governmental agency against any collateral securing the loan. This includes a garnishment of any of Borro accounts, with Lender. However, this Event of Default shall not apply if there is a good faith dispute by EXHIBIT sonableness of the claim which is the basis of the creditor or forfeiture proceeding and if Borrower gives t or-forfeiture proceeding and deposits with Lender monies or a surety bond for the creditor or forfeiture ined by Lender. in its sole discretion, as being an adequate 8 'rJl PROMISSORY NOTE (Continued) Page 2 reserve or bond for the dispute. Events Affecting Guarantor. Any of the preceding events occurs with respect to any Guarantor of any of the indebtedness or any Guarantor 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%) or more of the corrmm stack of Borrower. _ Adverse Change. A material 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 low, declare the entire unpaid principal balance on this Note and all accrued unpaid interest immediately due, without notice, and then Borrowerv sill pay that amount. ATTORNEYS' 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 (including efforts to modify or vacate any automatic stay or injunction), appeals and any anticipated post-judgement collection services. If 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 "-ROWER MAY HAVE TO A TRIAL BY JURY IN ANY ACTION, PROCEEDING OR CLAIM OF ANY NATURE RELATING TO THIS NOTE, ANY DOMIMENTS EXECUTED IN CONNECTION WITH THIS NOTE OR ANY TRANSACTION CONTEMPLATED IN ANY OF SUCH DOCUMENTS. THE BORROWER ACKNOWLEDGES THAT THE FOREGOING WAIVER IS KNOWING AND VOLUNTARY. GOVERNING LAW. This Note W1 be governed by, construed and enforced in accordance with federal low and the laws of the Commonwealth of Pennsylvania. This Note has been accepted by Lender in the Commonwealth of Pennsylvania. 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, securfties or other property given to Lender by law, Lender 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, securtges 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 Group, 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 trust accounts. Every such security interest and right 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 books 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 caofirmad in writing. All communicat)om, 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 all sums either: (Al advanced in accordance with the instructions of an authorized person or (B) credited to any of Borrower's accounts with Lender. The unpaid principal balance owing on this Note at any time may be evidenced by endorsements on this Note or by Lender's internal records, including daily computer print-outs. Lender will have no obligation to advance funds under this Note if: (A) Borrower or any guarantor is In default under the terms of this Note or any agreement that Borrower or any guarantor has with Lender, including any agreement made in connection with the signing of this Note; IBI Borrower or any guarantor ceases doing business or Is insolvent; (C) any guarantor seeks, claims or otherwise attempts to limit, modify or revoke such guarantor's guarantee of this Note or any other loan with Lender; (D1 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 concerning Borrower that Lender may request from time to time, such as annual and interim financial statements (all of which shall be prepared in accordance with generally accepted accounting principles) and federal Income tax returns. DEPOSITORY. Borrower will establish and maintain, with Lender, Borrower's primary depository account(s). If Borrower fails to establish and or maintain its primary depository account(s) with Lender, Lender may, at its option, upon thirty (301 days notice to Borrower. increase the interest rate payable by Borrower under this Note by up to 1.00 percentage points (1.00%). 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-account at the Lender for any payment when due hereunder. If the Borrower revokes the automatic payment authorization for any reason wFatsoever or fails to maintain a deposit account with Lender which may be charged, Lender, at its option, upon thirty (30) days notice to the Borrower, increase the interest rate payable by the Borrower under this Note by twenty-five 1251 basis points (0.2596). - 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 WW 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 the terms of this Note, and unless otherwise expressly stated in writing, no party who signs this Note, whether as maker, guarantor, accommodation maker or endorser, shall be released from liability. AN such parties agree that Lender may renew or extend {repeatedly and for any length of time) this loan or release any party or guarantor or coflateral: nr 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. If any portion of this Note is for any reason determined to be unenforceable, it will not affect the enforceability of any other provisions of this Note. CONFESSION OF JUDGEMENT. THE BORROWER HEREBY EMPOWERS ANY ATTORNEY OF ANY COURT OF RECORD, AFTER THE OCCURRENCE OF ANY EVENT OF DEFAULT HEREUNDER, TO APPEAR FOR THE BORROWER AND, WITH OR WITHOUT COMPLAINT FILED. CONFESS JUDGMENT, OR A SERIES OF JUDGMENTS, AGAINST THE BORROWER IN FAVOR OF LSNDtR OR ANY HOLDER HEREOF FOR THE ENTIRE PRINCIPAL BALANCE OF THIS NOTE, ALL ACCRUED INTEREST AND ALL OTHER AMOUNTS DUE HEREUNDER, TOGETHER WITH PROMISSORY NOTE (Continued) 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, THIS NOTE OR A COPY VERIFIED BY AFFIDAVIT SHALL BE A SUFFICIENT WARRANT. THE BORROWER HEREBY FOREVER WAIVES AND RELEASES ALL ERRORS IN SAID PROCEEDINGS 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 IT MAY BE EXERCISED FROM TIME TO TIME AS OFTEN AS LENDER SHALL ELECT UNTIL SUCH TIME AS LENDER SHALL HAVE RECEIVED PAYMENT IN FULL OF THE DEBT, INTEREST AND COSTS. NOTWITHSTANDING THE ATTORNEY'S COMMISSION PROVIDED FOR IN 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 IS 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. By:1-? C !/-- (Seat) SUSAN C. ANDL President of CONTAINERBRIGHT, INC. By: (Sea[) BRIAN J. TANDLE, Vice President of CONTAINERBRIGHT, INC. nASOMOLw%&m. Vw. 6.16.10_061,1Cm_ .erq.M 1"T. 2= /m 6d.++6.. 6. -PA 7,pOVtm20.rt 7 X=416 m is Jan, 22, . 2008 9:45AM PNC BANK 412-762-8114 No. 2932 F. 3 E IN ?11?lS, AQREEMENT ?HC. till. N References In the shaded area are for hander's use only and do not limlt the applicability of this document to any particular loan or tmC Arty (term above ocnteining --has been omitted due w text length rimitetions. Borrower: i4I ItSNT, INC. (TIN: 46.0507008) Lender: PBNCi Bank, National Associatlon O,?RG ROAD ?p HILI.,,PA 170,11 , 4242 Carlisle Pike Camp Hill, PA 17001 • ? 9 prindpawl Amount: $250,000.00 Initial Rate: 5.250% Date of Agreement: March 4, 2004 I)WREpSlpkl MSTPM INDOMMX SS. A 4 50,000.00 PROMISSORY NOTE DATED APRIL 4, 2003 BETWEEN BORROWER AND TO TIME. ',:ENDER A9 EtOFOR •• MODIFIED FROM TIME DTiBCCRIPTICN - CHANGE IN TEWS. 111 TEIE MAXIMUM PRINCIPAL AMOUNT OF 7HIS NOTE IS HEREBY INCREARD FROM 850,000.00 'r0 42mo,000: . „{2f NE IN ? RATE IS HEREBY CHANGED FROM WALL STREET JOURNAL PRIME* 2.75% PER ANNUM TO WALL STIIEET JOURNAL PRIM + 1. l 9 ANNUM, EFFECTIVE AS OF THE DA'Z'E OF THIS AMENDMENT. (3I #lEi'AYM %CHEDULE SHALL, BE MONFIED AS DEFINED BELOW. PROMISE TO AV. CONTAINERBR1GHT, INC, ("Borrower') proposes to pay to PNC Bank, National Assoeiatiat ("Lender"), or order, in lawful naondy of the,? Stets of America, the principal an"m of Two 1 knob e0 Fifty Thousand & 001100 Dollars (22'80,000.00) or so much as may In outstetutig. together with'intsrest on the unpaid oatstand? pt''toWl balmtcs of each uWa» os. interest shell be calculated from,ft drier of each advance wrrtll repayment of each advance. PAYi!(ENT, Bgtiowet will pay this loan in scoordarm with the following payment schedule, a 9arawer'v pay regular monthly payments of accrued interest bagwwtins APRIL 4, 2004, and ail subse"snt Interest payments am due on the sent ;day of each month after !ital. Borrower will pay this loan in one payment of all outetandatpt principd plus ail accrued unpaid interest on tits Expiration Data. Bonwm may borrow, repay and reporrow hereunder wO ft Expiration bate. eui:ject to the terms and carlditbrit of this Note. `rhs "Expiration Date" shelf mean APRIL 4, 2005. or such later dab as may be designated by vmttm notice from Lender ower. Borrowar aaknowledyes and agrees that in no even will Larder be under any obllpation to extend or rsrnw, the loan or this Note' the InWat Expiration Dais. In no evint shot the aggregate unpaid Prinsipat amount of advances under this Nab exceed Eno face, t -this Note. le law, payments will be exiled first to any accrued unpaid interest; then to principal: then to Unless '. .' agreed or ngrn'ved by appllcab any unpaid ce lion aodTS; and iihen to any into charges. lnteresk on >!>d Agreement to computed on a 266!860 s'rnnplo lacteal basis: chat is. by applying die ritlo of the annum interest rate over a your of 360 days, mulollod by the outstanding principal bollmos, muWpkd by to mutual pumper of dqs *a prino*l babmce Is outstaufing. Borrower will pgy Lender at Lsndsr's address shown above or at such albs piece as Len r may dasfgnste in writing. VAiNASL9 *BROST RATE. The interest rats on this Agreement is subject to change from time to time based on changes in an Independent index which if the highest Prime Rite as published In the "Money Rates" section at ft Wail Street Journal (the winds;"). The Index is not necessarily , lowest rate charged by Lender on its loans. If the index becomes unavailable durirtgt the term of this toen, Lender may designate ei,subAute to-0ef( after Ntice to 'Borrower. ).ender will tell Borrower the current index rate upon Bwrowor's request, The interest rate change will not oceuf more often than each day. Borrower understands that tender may make loans based on other rates as well. The Index currently is 4.060% par arimm. The interest no to be applied to the unpaid principal balance of the Note will be at a rate of 1,260 pereentegs poem bfer'tila sylhng in an initial rate of 5.260% per annum. NOTICE: Under no circumstances will the interest rate on the Note be more 'than the m v 'rate allowed by applicable law. % rN&AYM10O.' Eloyrower may pay without penalty all. or a portion of the amount owed earner than it is due. Early payments will not, unless hgrt d'to by !.'ender in writing, relieve Bermwer at Borrower's obligation to continua to make payments of sccrued.unpald interest. Rather, early pirymanto vAl reduce the principal balance due. Borrower a9mas not to send Lender payments marked "paid in fug", 'without recourse", or similar language, If Borrower sande such a payment, Lender may accept it without losing any of Lender's rights under this Agreement, and Borrower loll remain ohNated to pay any further amount owed to Lender. All written communlcatlam concerning disputed amounts, including cry check or oihe'r paymentinstiument that indicates that the payment wnathutes'payment In full' of the amouett owed or that is tendered vrrit other cocll?!p1ons err limitations or as full Satisfaction of a disputed amount must be malted or delivered to: PNC Bank, National Association, Attn: Doc Pl(iplOpe?atbats t)epartment • 13f3CAC, SBOO Tmicum 8ouievard 5th floor Philadelphia, PA 19153 1,ATE g3pt?Q?•' If a pnymern is 15 days or more later f3orrawer will be charged 5.000% of the regularly scheduled payment or $100.00, ' vuhiehewer is b;s. tlEfiEi3T APtFr19 DEFAULT. Upon default, including failure to pay upon final mawrity, Lender, at its option, may, if permitted under applicable law, increask the variable interest rata on this Agreement to 6.250 percentage points over the Index. The interest rate will not exceed the maximum rat ' permitted by applicable law, If judgment is entered In connection with this Agreement, interest will continue to accrue on this Agreement after jpdiment at the interest rate applicable to this Agreement at the time judgment is entered, DEFAM. 1&:a of the following shalt constitute an Event of Default under this Agreement: Payment Default. Borrower'falls to make any payment when duo under the indebtedness, Ofirer b? uhts. Borrower or Crentor faits to comply with or to perform any other term, obligation, covenant or condition contained In this ?AgresM'e .,' of in any of the Related Documents or to comply with or to perform any term, obfigation, covenant or condition contained in any other age's ant between Lender and Borrower. DVML#t.a Fervor of Third parties. Borrower defaults under any loan, extension of credit, security agreement, Purchase of sales agiresment. 4r er reeire , in fiver of tiny other creditor or person that may materially affect any of Borrower's pmparty or Borrower's ability " Qrro"s oblige Goru ui ilir this Agreement o wdrt r um b lSxA an`', annuff6h % ri?$t EXHIBIT Borrower or on Borrower's behalf under this ' +f tit a t?t s? MWWWWWfiliA arm or at fire time made or furnished or boaarn" or misleadl r t1'"t`31sso ution Ot ehrrr `irciatiorirot i>&tbwer' 9 C insolvency of Borrower, the appeintfrent of a •'?'' !cast'.,-. .. , » , Jan. 22. 2008 9 :45AM PNC BANK 412-762-8114 No. 2932 P. 4,,., CHANGE IN TERMS AGREEMENT i Loan Not 0000638314 (Continued) Page 2 . 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. Crafty or Forfeiture Proceedings. Commencement of forecloaure or forfeiture proceedings, whether by ImUclal proceeding, self-help, repossession or any other method, by any creditor of Borrower or by any governmental agency against any collateral securing the Indebtedness. This includes a garnishment of any of Borrower's accounts, Including deposit accounts, with Lender. However, this &b". ! of Default shall not apply If there Is a good faith dispute by Borrower as to the validity or reasonableness of the claim which Is the basis of the creditor or forfeiture proceeding And If Borrower gives Lender written notice of the creditor or forfeiture praV_6ad1ng.Fnd deposits with Lender monies or a surety bend for the creditor or forfeiture proceeding, in an amount determined by Lender, in its sole discretion, as being an adequate reserve or bond for the dispute. Events Affecting Guarantor. Any of the preceding events occurs with respect to any Guarantor of any of the indebtedness o"ny _ Guarantor dies or becomes incompetent, or revokes or disputes the validity of, or liability under, any Guar'dhty of the Indebtedness - evidenced by this Note, 77 Change in Ownership. Any change In ownership of twenty-five percent (25%) or more of the common stook of Borrower, _ Adverse Change. A material adverse change occurs in Borrower's financial condition, or Lender believes the prospect of paymeffC or ` ^ '? performance of the Indebtedness is impalreld, - insecurity. Lender in good faith believes itself inseours, - - •I LUMN'S RIGHTS. Upon default, Lander may, after giving such notices as required by applicable law, declare the entire unpaid principal balance on this Agreement and all accrued unpaid interest Immediately due, and than Borrower will pay that amount. ATM ANEYS' FEB., EXPENSES. Lender may hire or pay someone else to help collect this Agreement if Borrower does not pay. Borrowkwdl pay Lender that amount. This includes, subject to any limits under applicable law, Lender's anomeys' fees and Lender's legal experabs, whether or not there is a lawsuit, Inciudtng attorneys' fees, expenses for bankruptcy proceedings (kneludig efforts to modify or vacate_eny automatic stay or injunction), and appeals, If not prohibited by applicable taw, Borrower also will pay any court coats, in addition to ail other sums provided by law, i GOVERNING LAW, This Agreement wia Im governed by, construed and enforced in accordance with federal law and the taws of the Co nmonwealth of Pennsyhmia. This Agraemant has been accepted by Lander in the Commonwealth of Pennsylvania. CHOICE OF VENUE, It there Is a lawsuit, Borrower agrees upon Lender's request to submit to the jurisdiction of the courts of Cumberland County, Commonwealth of Pennsylvania, ROM OF GBTOFF, To the extent permitted by applicable law, Lender reserves a right of setoff in all Borrower's acooti&s with Lender (whe"tfter ? " checking, sevings, or some other account). This lncludss all accounts Borrower holtls jointly with someone else and all accounts Borrower sTlsy ' open in the future, However, this does not Include any IRA or Keogh accounts, or any trust accounts for which setoff would be prohibited by j law, Borrower authorizes Lender, to the extent permitted by applicable law, to charge or setaff all sums owing on the indebtedness against any . and all such accounts, and, at Lender's option, to administratively freeze all such accounts to allow Lender to protect Lbrlder's charge and setoff rights provided in this paragraph. . COLLATERAL. Borrower acknowledges this Agreement Is secured by the following collateral described in the seeurtty instrument listed here"in, all the terms and conditions of which are hereby Incorporated and made a part of this Agreement., collateral described it a Commercial Security Agreement dated March 4, 2004. LINE 01; CRWIT, This Agreement evidences a revolving line of credit. Advances under this Agreement may be requested orally by Borrower or _ by, an authorized person, All oral requests shall be confirmed in writing on the day of the request. All communi6aWns, Instructlon$,'or directions by telephone or otherwise to Lender see to be directed to Lender's office shown above, Borrower agrees to be liable for aft sums..- either, (A) advanced In accordance with the Instructions of an authorized person or (B) credited to any of Borrower's accounts ixith Lender. The unpaid principal balance owing on this Agreement at any time may be evidenced by endorsements on this Apre_$mea of by Lender's Internal records, including daily computer print-outs. Lender will have no obligation to advance funds under this Agiaemant it, W -Borrower or,Oy guarantor is In default under the terms of this Agreement or any agreement that Borrower or any guarantor his wPt'rti Lend s,(, ineludhr}gmy agreement made In connection with the signing of this Agresmem; (131 Borrower or any guarantor ceases doing'buamess. or is insolvent; LCi - any guarantor seeks, claims or otherwise attempts to limit, modify or revoke such guarantor's guarantee of this Agreglmant or any other loan with Lender; (D) Borrower has applied funds proAdad pursuant to We Agreement for purposes other than those authorized by Lender; dr '(E) - Lander in good faith believes Itself Insecure, , including ee evidenced or securing theeohlrigation(sle remain unchanged and In futhe larms of ll) force and affect, C?? by Lender to this Asgr ement dill agr not waive Lender's right to strict performance of the obligation(s) as changed, not obligate Lender to make any future change•in terms. NotPf;ir g in this Agreement will constitute a satisfaction of the obligation(s). it is the intention of Lender to retain as liable parties all makers sod endorsers of the original obligation(s), Including Accommodation parties, unless a party Is expressly released by Lender In writing. Any make?gr endorser, Including accommodation makers, will not be released by virtue of this Agreement. If any person who signed the original obligation does not sign this Agreement below, then all persons signing below acknowledge that this Agreement is given conditionally, based on to representation to Lender that the non-signing parry consents to the changes and provisions of this Agreement or otheevii$e will not be released by It. This waiver applies not only to any Initial extension, modification or release, but also to all such subsequent actions. - FINANCIAL INFORMATION PROVISION, Borrower agrees to delver any financial and other business information concerning Borrower tit. ri :2' Lender may request from time to time, such as annual and Interim financial statements (all of which shall be prepafed in accordance Ai generally accepted accounting principles) and federal income tax returns, - - - DEPOSITORY. Borrower will establish and maintain, with Lander, Borrower's primary depository account(s). If Borrowet1pits m astaMsh and/or ! maintain its primary depository soeountls) with Lender, Lender may, at its option, upon thirty (30) days ngtics to Borrower, Increase the intergal rate payable by Borrower under this Note by up to 1.00 parcerttage points (1.0096). 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, and shall not constitute a waiver, release or limitation upon Lender's exercise of any such rights or remedies. - AUTOMATIC DWIT OF PAYMENTS, The Borrower hereby authorises the Lender to charge the Borrower's deposit account at the Lender for Gov _ payment when due hereunder. If the Borrower revokes this authorization for any reason whatsoever or fails to maintain a deposit account w. the Lender which may be charged, the Lender may, at Its option, upon thirty (30) days notice to the Borrower, Increase file Interest rate payeb!0 by the Borrower under this Note by twenty-five (25) basis points (0,25%). , - .__ _. ....... , MMINATION OF LINE OF CREDIT. Upon sixty 1$0) days prior written notice to Borrower, Lender may terminate the Una of creo, witf1li without cause, and demand full payment of the entire unpaid principal balance of this Note, and all accrued and unpaid interest on the balance, Jan. 22. 2 0 0 8 9,46AM PNC BANK 412-762-8114 No. 2932 P. 5 ML ' , W04 ,IN TERMS AGREEMENT ?CTtinued) Page 3 ,1 •%N F ;all other io?tMs ?+{e in acR4rdaaee wYt'h the terms of this Nola. Unleas Lender's notice provides otherwise, Lender will have no further blitt n to a van funds under lf . Note. y a tfti t o lv>;p8lcat 0 ER4q' LdAk Lsrp ' feteins tone right to convert all or any part of the outstanding indebtedness under this Note into an mortlzing terri'7 loan. wWor without cause, Neon providing sixty .160) days prior written notice to Borrower (the 'Conversion Notice"), if or al: s, right, Lender grill eb"Lite a new monthly payment with respect to the part of the indebtedness so converted (tile "Term rj{tpn Yortioit )? #nd tlgrr"er will,be„adv1jsd.of,suoh new monthly payment with respect to the Term Loan Portion in the Conversion Notice. irlontitly psymsft on the Tarrn Loon Portion following the Conversion Notice shall be based upon an amortization period specified in the Conversion N04 (the 'Amordzstlfgh Period"). Subskuant payments on the Tom Loan Portion shall be deverrnined monthly and shall be in the amoynts fined IN Lender to be ne"sssry to fully amortize the then outstanding prfnalpal balance so converted over the then remaining Xrrnaftizatfon d at the elfectise inq;'(gat retp on this Note as of the date the amount of such pageant is calculated by Lander. Ali 'outstanding p pal arid accrued iritaras(f 0W40 be due on the last day of the Amortization Period. AN of the provisions of this Note and any Related Dgcuq eitts shall apply to the Tsirn Loan Portion except to the extent ineensistent with this paragraph. $UfpOR The,t?rms of this Agreement shall be binding upon Borrower, and Won Borrower's heirs, personal representatives, iuCcesoma, a a igna, grid s)ils 4 enfofcepble by Lander and its successors and assigns. ',N118CO.LAP S PROVOIONS. 1?snOer may delay,cr forgo enforcing any of its rights or remedies under this Agreement without losing them. '-.:Borrower and l?ry other person signs, guarantees or endorses this Agreement, to the extent allowed by law, waive presentment, demand '.',for payment, and%nofta of di"hor. Upon any change in the terms of this Agreement, and unless otherwise expressly stated in writing, no party who sl& this Agreem^ whether as maker, guarantor, acoommodation maker oy endorser, small be released from Nability. All such parties agree goat Lender may renew or extend Irepestedly and for any length of time) this loan or release any party or guarantor or e4Aaurs4, or tft*r, fol'to reaNze upon or perfspt Lender's security interest in the collateral; and take any other cation deemed necessary by Lender w tfwut the OOnW.Y o.,?or notice to anyone All such par&* also agree that Lender may modify title ban without the consent of or notice to anyone other then the party with whom ft w0cow"tion is made. The obNgatlons under this Agreement are joint and several. It any portion of this "Agreament tsany reason determined to be urienforcedbie, it will not affect the enforosattility of any other provisions of this Agreement. ftOR TO tMI3 AGIff11111119XT, BORROWER READ AND UNDERSTOOD ALL THE PROMMONS OF THIS AGREEMENT, INCLUDING THE 1lAR1ABJF Ih T RATE MOVISIONS. (BORROWER AGRW TO THE TERMS OF THE AGREEMENT, :4 A6 IS GIM UN621111 SEAVAND IT IS INTENDED THAT THIS AGREMENT IS AND SHALL CONSTITUTE AND HAVE THE :EFFiXT OF 4 .SpA1 ED INSTRUMlENT ACCORDING TO LAW. BORROWER! COdTAlWSA 0WT, INC. lSoail By' sUr AAA TANDLE, eSi m CONTAINSRBRIGHT. INC. .!9 r? A Byt (Seal) e resident of CONTAINERBRIGHT, INC. tNeFr"ol.np,wVM,67LIA00!Cw.IM??tI...?wWIlir.y71c,t0Yl,7001. ?,q?r"...d. .iA TOAILOND70r.ro rhEtAHV MIA •, ? •?My41+? MNei'?N?? .Yr: YII?.....•tr?arf' 1 ? ? ? +f? ?. • Jan•22. 2008 9,46AM PNC BANK 412-762-8114 CONSENT OF GUARANTOR 00 . J Referancso in the shaded area are for Lender's use only and do not limit the A- U.- A ....•dniwn • • t • • hs h- .r,h, ' ? ? gWarr No. 2932 P. 6 to any particular loan or If ill, HTS )NC. (71Ni: 4fjYOSOyG081 'Taker-, PM Bank. Ratlonai Assacistion D, SBlip(G,ItOAp ouoetass tianldrrp Ip H PA 17QI1 4242 CLANS Pike Cane Flip, PA 17001 i.; ,, - Each of the igp d guaromgrs (jointly and severally if more than one, the 'Guarantor') consents to the provisions of t1ta foregoing CHAFE f>v AhEi of executed in aonrmtion herewith (coIIsc&siy, the 'Amendment") and all prior amendments Of any), and oonfirms and r t s that: jai"the 06ren't6es obllgationa under its Commerolal Guaranty dated APRIL 4, 2003 toolectively 1f more than one, the "Guaranty'), miffing to the Indebtedness mentioned in the Guaranty, shop be unimpaired by the Amendment 11:11 the Guarantor has no defenses, ant (Ps, obun Wrrai, discounts or charges of PAy kind against to Bank, its officers, directors, employees, agents or attomays with respect to the Guarantyr, and (c) all of the terms, oorAtlons and covenants In the Guaranty remain unaftwed and In full force and effect and ate hereby radlffed and odi f fined and fippiy to"MfttedWa, as modified by the Amendment. The Guarantor, gerttfes that all representations and warratttias made in the Guaranty are true and correct. By signing below, each Guarantor who is an indivlduel provides written autitarintion to the Bank or its designs (and any assignee or potential assignee hereof} to obtain the guarantor * par . ei credit pro file from one or more national credh bureaus. Such authorisation shall extend to abtalrtfrg a credit profile for the purposes of u posts, renewal or extension of such credit or additional credit and for reviewing or collecting the resulting account. A photocopy or facsimile cnvy of this authorisation shall be valid as the original. Ily signature below, each such Guarantor affirms hisAtar Identity as the respective IndmdusiW identified in the Guaranty. The Guiraritor haraby confirm* that ariy collateral for the Indebtedness, inaltift lions, security interests, mortgages, and pledges granted by the Ousrantot or 4hird parties {if applieabisF; sireN caritinus unimpaired and In full foros and effect, shall cover and secure all of the Guarantor's exW&C and Future Indebtedness to the Bank, as modified by this Amendment, The Guarantor rallies and confirms the indsrrmlficetion, confession of Judgment (if applicable) and waiver of jury trial provisions contained in the Guaranty. WITNESS the due execution of this Consent as a document under teal as of this2 V. of , intending to be legally bound hereby, -T4 SAN C. BRIAN J. TANPLP, INDIVIDUALLY P t 1.4e1"M Mom ft, %a 10AR qw,,1And 861,ft*I0, 1M. iWl, Mlep?a ll,s•.w?. •M T.?111tIL?l?O,R 1Ri001L11f A1N 'e. / '?,': t'1 ? ? '• ":w:•°?µ :1 'Y. yi7. ,.Jti'{'tc?7d•'r•4w"?4 + 1?'r R? n'? •1l i' ?'I ?Y .?• lp 41 EXHIBIT 0 T-)" 1 ,Vov, 6, 2007 9:39AM PNC BANK 412-762-8114 N0,1197 P. PROMISSORY NOTE PT? ? b ..iR . MI. ".w.. % 178' k...?. y`". lofffaw", 1 7,:, References In the shaded area are for Lender's use only and do not limit the app!iceb4ity of this document to any particular Ivan or item. Borrower: CONTAINVABRIGHT, INC. (TIN: 46-0507006) Lender: PNC Bank, National Association 2410 CJETTYSSURa ROAD Business Banking CAMP HILL, PA 17011 4242 Carlisle Pike Camp Hill, PA 17001 Principal Amount: $100,000.00 Interest Efate: 7.000% Date of Note: April 4, 2003 PROMISE TO PAY. CONTAINERBRIGHT, INC. i"Borrower") protrrlses to pay to PNC Bank, National Association t"Lender"l, or order, in lawful money of the United States of America, the principal amount of One Hundred Thousand B 001100 Dollars ($100,000.00), together with interest at the rate of 7,000% per annum on the unpaid principal balance from Apol 4, 2003, wall paid in full. PAYMENT. Borrower win pay this loan in 84 payments of $1,814AS each payment. Borrower's first payment is due May 4, 2008, and all subsoquant paymorrts are due on the same day of each month after that, Borrower's final payment will be due on April 4, 2010, and will be for all principal and an accrued interest net yet paid. Payments inc)ude principal and interest, Unless otherwise agreed or requited by applicable law, payroorits will be applied first to accrued unpaid interest. then to principal, and any remaining amount to any unpaid c0lection poste and late charges. The annum{ ilterest We for ttufs Noss IS computed on a 3681300 basis; that Is, by applyiry the ratio of the annual interest rate over a year of 300 days, multiplied by the Outstanding principal balance, multiplied by the actual number of days the pdriorpal balance to outstanding. The level payment amount Is calculated on the assumption that each periodic payment will be made An the date when due, and if there Is any variation in the actual payment dates, there may be an additional amount due upon maturity of this Note. Any amortization schedule provided to Borrower is only an estimate, and Is superseded by the terms of this Note regarding the accrual and payment of interest. Borrower will pay Lender at Lender's address Shown above or at such other place as Lander may designate In writing, PREPAYMENT PENALTY. Upon prepayment of this Note, Lender )s andtled to the following prepayment pettalty, If this Note bears interest at the Floating Rate, the indebtedness may be prepaid in whole or In part at any time without penally. If this Note bears Interest at a Fixed Rate, notwithstanding anytlting contained heroin to the contrary, upon any prepayment by or an behalf of the Borrower (whether voluntary, on default or otherwise), the Borrower shall, upon demand by the Bank, pay the Bank as compensation for the cost of being prepared to advent* fixed rate funds hereunder an amount equal to the Cost of Prepayment. 'Cost of Prepayment" means an amount equal to the present value, if positive. of the product of (a) the difference between If) the yield, on the beginning date of the applicable interest period, of a U.S. Treasury obligation with a maturity s'anilar to the applicable interest period mitwe Iii) the yield on the prepayment date, of a U.$. Treasury obligation with a maturity similar to the remaining maturity of the applicable interest period, and (b) the principal amount to be prepaid,. and It) the number of yeas, Including fractional yeas, from the prepayment date to the, and of the applicable interest period. The yield on any U.S. Treasury obligation shall be determined by referenoe to Federal Reserve statist cal Release H.15(516) "$alected Interest Rates". For purposes of making presam value calculations, the yield to maturity of a similar maturity U.S. Treasury oblWon on the prepayment date shag be doomed the discount rate. The Coat of Prepayment shall also apply to any payments made after acceleration of the maturity of this Note while a Fixed Rate is in effect. Except for the foregoing, Borrower may pay all or a portion of the amount owed varner than it is due. Early payments will not, wnlsas agreed to by Lender In writing, relieve Borrower of Borrower's obligation to continue to make payments under the payment schedule, Rather, early payments will reduce the principal balance due and may result in Borrower's making fewer payments, Borrower agrees not to send Lender payments marked "paid in full', "without recourse", or similar langbage. If Borrower sends; such a payment, Leoder may accept it without losing any of Lender's rights under this Note, and Borrower will remain obligated to pay any further amount owed to Lander, All written communications eoneeming disputed amounts, Including any check or other payment Instrument that Indicates that the payment constitutes "payment in fill" of the amount owed or that Is tendered with other conditions or limitations or as full satisfaction of a disputed amount must be mailed, or delivered. to: PNC Bank, National Association, Attn: Doe Prep/Operations Department . SBCAC, 8900 7inieum Boulevard 5th Floor Philadelphia, PA 18153, _. -.'.. . LATE CHARGE. If a payment is 15 days or more late, Borrower will be charged 5.000% of the regularly scheduled payment or 5100.00. whichever is less, INTCRi1ST AFTER DEFAULT. Upon default, including failure to pay upon final maturity, Lender. at its option, may, it permitted under applicable law, Increase the interest rata on this Note 5.000 percentage point9. The interest rate will net exceed the maximum rate permitted by applicable law. It judgment is entered in connection with this Note, interest will continue to accrue on this Note after judgment at the existing interest rate provided for In this Note, DEFAULT. Faith of the following shall eohstitute an event of default ('Event of Default") under this Note; Payment Default. Borrower toile to make any payment when due. other Defaults. Borrower or Grantor falls to comply with or to perform any other term, obligation, covenant or condition contained In this Note or in any of the related documents or to comply with or to perform any term, obligation, Covenant or condition contained In any other 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 effect 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 furniehed 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, of the commencement of any proceeding under any bankruptcy or insolvency laws by or against Borrower, Creditor or Forfeiture Proceedings. Commencement of foreclosure or forfeiture proceedings, whether by judicial proceeding, selfwhelp, repossession or any other method, by any creditor of Borrower or by any governmental agency against any collateral sfacurfng the Joan. This includes a garnishment of any of Borrower's ace with Lender, However, this Event of Default shall not apply if there is a good faith dispute by Borrower EXHIBIT of the claim which is the basis of the credltor,ot forfeiture proceeding and If Borrower gives Lender wri re proceeding and deposits with Lender monies or a surety bond for the creditor or forfeiture proceedi der, in its sole discretion, as being an adequate re7orva or bond for the dispute. s .fuov, h. 2UUi 2)Af'?f?'(; BANK 12`"('I14 'du. „? F'• PRdMISSORY NOT5 (Continued) Pit e 2 £yents Affecting Guarantor. Any of the preceding events occurs with respect to any Quaral tir of any of the indebtedness of any Guarantor 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 twentyfive percent (25%) or more of the common stock of Borrower. Adverse Change, A materiel adverse change occurs in Borrowers financial condition, or Lender believes the prospect of pnymertt or performance of this Note Is Impaired. Insecuttty, Lender In good faith believes itself insecure. LENDER'S RIGHTS. Upon default, Lander may, after giving such notices as required by applicable law, declare the entire unpaid principal balance on this Note and all accrued unpaid interest Immediately due, without notice, and then Borrower will pay that amount. ATTORNEYS' FEES; EXPENSES. Lender ;nay hire or pay someone else to help collect this Nate if Borrower does not pay. Borrower will pay Lender that amount, This Includes, subject to any limits under applicable law, Landor's attorneys' fses el+d Lender's legal expenses, whether or not there is a lawsuit, including attorneys' fees, expenses for bankruptcy proceedings (Including effortt to modify or vacate any automatic stay or in)une ions, appeals and any arrduipeted post-Judgement coilootion services, It not pfohlbited by apptitsbie low, Illorrowet also will pay any court costs, in addition to all other sums provided by law. _ WAIVER OF JURY TRIAL. THE BORROWER IRRIVOOABLY WAIVES ANY AND ALL MONTS THE BORROWER MAY HAVE TO A TRIAL BY JURY IN ANY ACTION, PROCEEDING OR CLAIM OF ANY NATURE RIOLATINO TO THIS NOTE, ANY OMMENT'S EXECUTED IN CONNECTION WITH THIS NOTE OR ANY TRANSACTION CONTEMPLATED IN ANY OF SUCH DOCUMENTS. THE BORROWER ACKNOWLEDGES THAT tHE FORSGO1NG WAIVER 15 KNOWING AND VOLUNTARY, GOVERNING LAW. This Nets wifi be governed by, construed and enforced In accordattae with federal law and the haws of the Commanwealth of Pennsylvania, This Note has boon aaaep%d by Lander in the CommouwWth of Pannsylvania, CHOICE OF VENUE, If there is a lawsuit, Borrower agrees upon Lender's request to submit to the.jurladiction of the courts of Cuimberiand County, Commonwealth of Pennsylvania. RIGHT OF SETOFF. In addition to all liens upon and rights of setoff against Borrower's money, securiM or oVier property given to Wrrder'by law, Lender shall have, with respect to Borrower', obligations to Lander under this Note and to the extent permitted by law, a oontractt "I possessory security Interest In and a contractual right of setoff against, and Borrower hereby assigns, conveys, delivers, pledgee and transfers to Lender all of Borrower's right, title and interest In and to, all of Borrower's deposits, moneys, secLRies 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 Group. Inc„ whether hold in a general or special account or deposit, whether held Jointly with someone &a, or whether held for safekeeping or otherwise, excluding, however, al IRA. Keogh, and trust accounts, Every such security interest and ffght 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 Lander, although Lender may enter such setoff on Its books and records at a later time, FINANCIAL INFORMATION PROVISION. Borrower agrees to deliver any flaanclat and other business information concerning ftrrower that Lender may request from time to time, such as annual and interim financial statements (all of which shall be prepared in accordance with generally accepted accounting principles) and federal Income tax returns, DEPOSITORY. Borrower will establish and maintain, with Lender, Borrower's primary depository account(s). If Borrower fails to establish andlor maintain its primary depository socount(si with Lender, Lander may, at Its option, upon thirty (30?. days notice to Borrower, increase the interest rate payable by Borrower under this Note by up to 1,00 percentage points (1,0096). Landaf's right to increase the interest rate pursuant to this paragraph shall be In addition to any other rights or remedies Lander may have under thf§ Note, all of which are hereby reserved, and shall not constitute a waiver, release or limitation upon i,onder's exercise of any such rights or remedies. ADDITIONAL PROVISION. The Borrower hereby authorizes the Lender to charge the Borrower's deposit account at the Lender for any payment when clue hereunder. If the Borrower revokes the automatic payment authorization for any reason w12tsoever or falls w maintain a deposit account with tender which may be charged, bender, at its option, upon thirty t301 days notice to tha Borrower, increase the interest Mts payable by the Borrower under this Note by twenty-five (25) basis points {0.25961. SUCCESSOR INTERESTS, The terms of this Note shall be binding upon Borrower, and upon Borrower's heirs, personal representatives, _ successors and assigns, and stiall Inure to the benefit of Lender and its successors and sealSns. GENERAL PROVISIONS. Lender may delay or forgo enforcing any of its rights or remedies under this N4to without losing them. Borrower ittd any other person who signs, guarantees or endorses this Note, to the extent allowed by law, waive presentment, demand for payment, tend notice of dishonor. Upon any change in the terms of this Note, and unless otherwise expressly stated In writing, no party who signs this Note, whether as maker, guarantor, accommodation maker or endorser, shall be released from liability. All such parties agree that Lander may renew or extend (repeatedly and for any length of time) this loan or release any party or guarantor or collateral, or impair, fell to realize upon or perfect hander's security interest in the collateral; and take any other action deemed necessary by Lander without the consent of or notice to onydfie. All such parties also agree that Lander may modify this loan without the consent of oc notice to anyone other than the party with whom Vw modification is made. The obligations under this Note are joint and several. If any portion of this Note. is for any reason determined to be unenforceable, it will not affect the enforceability of any other provisions of thin Note, CONFESSION OF JUDGEMENT, THE BORROWER HEREBY EMPOWERS ANY ATTORNEY OF ANY COURT OF RECORD, AFTER TjiE OCCURRENCE OF ANY EVENT OF DdFAULT HFAEUrJQ9#. TO APPEAR FOR THE BORROWER AND, WITH OR WITHOUT COMPLAINT FILED, CONFESS JUDGMENT, Qtr A SF,RIES OF JUOGMENTS, AQrAMT THE BORROWER IN FAVOR OF LE WIRR OR ANY HOLDER HEREOF FOR THE ENTIRE PRINCIPAL BALANCE OF THIS NOTE, A61. ACCRUED INTEREST AND ALL OTHER AMOUNTS DUE HEREUNDER. TOGETHER WiTH COSTS OF SUIT AND AN ATTORNEY'S COMMISSION OF THE GREATER OP 10% OF SUCH PRINCIPAi-AM INTEREST OR 31.000 ADDED AS A REASONAMX, ATTORNEY'S FEE, AND FOR DOING 30, THIS NOTE Oft A COPY VERIFIED BY ,AFFIDAVIT SHALL as A SUFFICIIaI' WARRANT. THE BORROWER HERESY FOREVER WAIVES AND it16.11ASR.S ALL ERRORS IN SAID PROCEEDINGS AND ALL RIGHTS OF APM1. AND ALL RELIEF FROM ANY AND ALL APPRAISEM$NT, STAY OR EXEMPTION LAWS OF ANY STATE NOW IN FORCE OR HEREAFTElit ENACTED. INTEREST ON ANY SUCH JUDGMENT SHALL ACCRUE AT THE DEFAULT RATE. NO SINGLE EXERCISE OF THE FOREGOING POWER TO CONFRSS JUDGMENT, OR A SERIFS OF JUDGMENTS, SHALL BE DEEMED TO EXHAUST THE POWER, WHETHER OR NOT ANY SUCH EXORCISE SHALL BE HELD BY ANY COURT TO BS INVALID, VOTDABLB, ON VCJM, BUT THE POWER SHALL CONTINUE UNDIMINISHED AND R MAY BE EXERCISED PROM TIME TO TIM AS OFTEN AS LENDER SMALL ELECT UNTIL SUCH TIME AS LENDER SHALL HAVE RECEIVED PAYMENT IN FULL OF THE DEBT, INTEREST A COSTS. NOTWITHSTANDING THE ATTORNEY'S COMMISSION PROVIDED FOR IN THE PRECEDING PARAGRAPH (WHICH I$ INCLUDED THE WARRANT FOR PURPOSES OF ESTABLISHING A SUM CERTAIN), THE AMOUNT OF ATTORNEYS' FEES THAT LENDER MAY RECOV FROM THE SORROWEft SHAI.I. NOT EXCEED TFtE ACTUAL ATTORNEYS' FUS INCURRED BY LENDER. -Nov. 6,. 2007 9:400 PNC BANK 412-762-8114 No. 1197 P. 5 PROMISSORY NOTE (Continued) Page 3 PRIOR TO SIGNING THIS NOTE, BORROWER READ AND UNDERSTOOD ALL THE PROVISIONS OF THIS NOTE. BORROWER AGREES TO THE TERMS OF THE NOTE. THIS NOTE IB GIV9N UNDM SEA! AND IT IS INTENDED THAT THIS NOTE IS AND SHALL GQNSTITUTE AND HAVE THE EFFECT OF A SEALED INSTRUMENT ACCORDING TO LAW. BORROWER: CONTAINBRBRIGHT, INC, By: Soel) Ott, Al 1 Q (TANOM President at CONTAINERBRiGHT, INC. By: s-..f rz (Scat) N J. TAN ! r sldant of COI TAINERBRIGHT, INC. M ? M MSiMR?FG TIFIOIdIR NFlI 1IA9W NN0 WiNi W.f.18.10.W iu d?uhWgMafM01717, WA MNWMt h0MnM. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PNC BANK, NATIONAL ASSOCIATION, Plaintiff, No. vs. BRIAN J. TANDLE and SUSAN C. TANDLE, ) Defendants. ) CERTIFICATE OF RESIDENCE I hereby certify that the precise address of Plaintiff is: Fifth Avenue and Wood Street Pittsburgh, Pennsylvania 15222 that the last known address of Defendant, Brian J. Tandle, is: 179 Church Street Victor, NY 14564 and that the last known address of Defendant, Susan C. Tandle, is: 535 South Middlesex Road Carlisle, PA 17013 Donna M. Donaher, Esquire Attorney for PNC Bank, National Association IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PNC BANK, NATIONAL ASSOCIATION, Plaintiff, No. vs. BRIAN J. TANDLE and SUSAN C. TANDLE, Defendants. TO: Susan C. Tandle 535 South Middlesex Road Carlisle, PA 17013 NOTICE OF ENTRY OF JUDGMENT Please take notice that on , 2008, a Judgment by Confession of 19t it )?? Judgment, was entered against you in the court and at docket term and number set forth above. The amount of the Judgment is $347,564.28, plus costs. AFFIDAVIT The undersigned hereby certifies that the judgment to be entered in this action is not being entered against a natural person in connection with a consumer credit transaction. To the contrary, the underlying transaction is a commercial transaction. Donna M. Donaher, Esquire Attorney for PNC Bank, National Association Sworn to and subscribed before me this Zs' day of 2008. Notary Public COMMONWEALTH OF PENNSYLVANIA Notarial Seal Mersa Szalkay, Notary Public City Of Pittsburgh, Allegheny County My Comimion Expires Oct. 31, 20p9 BANK_FIN:311473-1 999999-999999 Member Pennsylvania 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 e-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:311473-1 999999-999999 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PNC BANK, NATIONAL ASSOCIATION, Plaintiff, No. vs. BRIAN J. TANDLE and SUSAN C. TANDLE, Defendants 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 Ban Association By: Attorney Relations Manager Sworn to and subscribed before me this'ZY 6k day of _:Lj tAFAQ , 2008. Notary Public My commission expires: -? ----INwEALTH NNSYLVANIA COMMO Notarial Seel Gmndolyn Robison, Nohary Public k>graro Sono, ANe"W C <u* W CornmbIlim Expires Nov. 9, 2011 Member, Pennsylvania Assoclatlon of Notarbs BAN K_FI N:316680-1 000011-134132 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: ? `2 0 . O b By: uarnena uanaway Attorney Relations Manager N k co C IF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PNC BANK, NATIONAL ASSOCIATION, ) Plaintiff, ) No. vs. ) BRIAN J. TANDLE ) and SUSAN C. TANDLE, ) Defendants. ) TO: Brian J. Tandle 179 Church Street Victor, NY 14564 NOTICE OF ENTRY OF JUDGMENT Please take notice that on re a'7 , 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 $347,564.28, plus costs. rothonot ry, Cr berland County IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PNC BANK, NATIONAL ASSOCIATION, CIVIL DIVISION Plaintiff, NO. 08-1296 Civil Term vs. CERTIFICATE OF SERVICE UNDER RULE 2958.1 AS TO SUSAN C. TANDLE BRIAN J. TANDLE and SUSAN C. TANDLE, Defendants. 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 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PNC BANK, NATIONAL ASSOCIATION, Plaintiff, ) No. 08-1296 Civil Term vs. ) BRIAN J. TANDLE ) and SUSAN C. TANDLE, ) Defendants. ) CERTIFICATE OF SERVICE UNDER RULE 2958.1 AS TO SUSAN C. TANDLE The undersigned hereby certifies that she did serve a Notice Under Rule 2958.1 of Judgment and Execution thereon, upon the Defendant, Susan C. Tandle, on March 24, 2008, via certified mail, return receipt requested, at the following address: 535 S. Middlesex Road Carlisle, PA 17013-9719 A true and correct copy of the Notice Under 2958.1 and return receipt is attached hereto. TUCKER ARENSBERG, P.C. By Donna M. Donaher, Esquire Pa. I.D. #53165 1500 One PPG Place Pittsburgh, PA 15222 (412) 566-1212 BANK FIN:322774-1 000011-134132 A t t o r n e y s IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PNC BANK, NATIONAL ASSOCIATION, Plaintiff, No. 08-1296 Civil Term vs. BRIAN J. TANDLE and SUSAN C. TANDLE, Defendants. Notice Under Rule 2958.1 of Judgment and Execution Thereon Notice of Defendant's Rights TO: Susan C. Tandle 535 S. Middlesex Road Carlisle, PA 17013-9719 A judgment in the amount of $278,521.23 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 "C!1( itie- ''.r. c. `on ..211! .;LAC ??. _ ?s _. 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:320891-1 000011-134132 . -. x_:"12 -. _. "... i.in. -. ?f? ;7?^c,G° RLS_I '. ?'`'. t?, __. ?:. .?? _._ ?>.. ? - ,. ._-. ? r !'). `=r0:7i: Sil'0E F'.r'+. BO;: Uc4'iC :ol"risbu , . ? (i'?? iJ. .. ?Z`. ... .. .._ I . • ¦ Complete items 1, 2; and 3. Also complete item 4 if Restricted Delivery is desired. * Print your name and address on the reverse so that we can return the card to you. ¦ Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: Susan C. Tandle 535 S. Middlesex Road Carlisle, PA 17013-9719 A. Signature ? Agent "!. i !lrPtf ""?\ ? Addressee B. Received b (Printed Name) C. Date o Delivery D. Is delivery address different from item 1? ? Yes If YES, enter delivery address below: ? No 3. Z rvice Type Certified Mail ? Express Mail ? Registered ? Return Receipt for Merchandise ? Insured Mail ? C.O.D. 4. Restricted Delivery? (Extra Fee) ? Yes 2. Article Number (transfer from service label) 7007 2680 0001 -11008-11-223.--------'.' PS Form 3811, February 2004 _ Domestic Return Receipt '? } rt 'p ` 102595-02-M-1540 r-? f? ?} ? _n 4 ` r ? } j'1'S'.T' ?7J ,- t"' ?? '. :/ } .r ?.=,,,, ? '`- ??:? ? 1 ?? IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PNC BANK, NATIONAL ASSOCIATION, CIVIL DIVISION Plaintiff, NO. 08-1296 Civil Term vs. CERTIFICATE OF SERVICE UNDER RULE 2958.1 AS TO BRIAN A TANDLE BRIAN J. TANDLE and SUSAN C. TANDLE, Defendants. 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 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PNC BANK, NATIONAL ASSOCIATION Plaintiff, ) No. 08-1296 Civil Term vs. ) BRIAN J. TANDLE ) and SUSAN C. TANDLE, ) Defendants. ) CERTIFICATE OF SERVICE UNDER RULE 2958.1 AS TO BRIAN J. TANDLE The undersigned hereby certifies that she did serve a Notice Under Rule 2958.1 of Judgment and Execution thereon, upon the Defendant, Brian J. Tandle, on March 21, 2008, via certified mail, return receipt requested, at the following address: 4 Shea Court Carlisle, PA 17015-7410 A true and correct copy of the Notice Under 2958.1 and return receipt is attached hereto. TUCKER ARENSBERG, P.C. By Donna M. Donaher, Esquire Pa. I.D. #53165 1500 One PPG Place Pittsburgh, PA 15222 (412) 566-1212 BANK_FI N:325574-1 000011-134132 ELTC f. LC, !n 2y S IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PNC BANK, NATIONAL ASSOCIATION, Plaintiff, vs. BRIAN J. TANDLE and SUSAN C. TANDLE, Defendants. TO: Brian J. Tandle 4 Shea Court Carlisle, PA 17015-7410 No. 08-1296 Civil Term Notice Under Rule 2958.1 of Judgment and Execution Thereon Notice of Defendant's Rights A judgment in the amount of $278,521.23 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 .=.It iC. 1: i2.JJO.:G 5S4.56 ?,. vWf'.v. LIB_-ka v,,.cO,-n 'r L 1`,.'. =iC .. -._ =. .SDL!rg, ;n ?;06 ( !.2.34.! 7 7.232.C-802 Aj -',i IAN 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 BAN K_FI N:320891-1 000011-134132 6i 2? I" V <'.50 .:2 2 f 4 i 2.5?z .5G _[ 1MAidi i,: CI.G Y': 2W. COr i C. 7 ?._ 3? sburg, f i 00 r 1 7.234-.;- 121 i. 7'17.232.8 802 ¦ Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. ¦ Print your name and address on the reverse so that we can return the card to you. ¦ Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: Brian J. Tandle 4 Shea Court Carlisle, PA 170157-7410 ? Agent ? Addressee by (P (d Name) C. Date Delivery D. Is delivery address different from item 1? Yes If YES, enter delivery address below: No 3. Service Type Certified Mail ? Express Mail ? Registered ? Return Receipt for Merchandise ? Insured Mail ? C.O.D. 4. Restricted Delivery? (Extra Fee) ? Yes 2. Article Number '7007 2680 0001 1008 1216 (Transfer from service label) PS Form 3811, February 2004 Domestic Return Receipt 102595-02-M-1540 v: a? k° (pe IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PNC BANK, NATIONAL ASSOCIATION, CIVIL DIVISION NO. 08-1296 Plaintiff, PRAECIPE FOR WRIT OF EXECUTION (CONFESSED JUDGMENT) Filed on behalf of Plaintiff, PNC Bank, National Association vs. BRIAN J. TANDLE and SUSAN C. TANDLE, Defendants, 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 COMMONS PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW PNC BANK, NATIONAL ASSOCIATION ) CASE NO. 08-1296 Plaintiff, cS ) r?' S1e P vs. to??? ) 4' ) BRIAN J. TANDLE and SUSAN C. TANDLE,- 5as s. M'e?arlle, a noi3 Defendants. ) PRAECIPE FOR WRIT OF EXECUTION (CONFESSED JUDGMENT) To the Prothonotary: Issue writ of execution in the above matter, oPefrv (1) directed to the Sheriff of Cumberland County; ?rPe (er ?^U (2) against, Brian J. Tandle and Susan C. Tandle, Defendants; (3) and against, N/A , Garnishee; (4) and index this writ (a) against, Brian J. Tandle and Susan C. Tandle, Defendants; (b) and against , Garnishee; (5) Amount due $ 278,521.23 Total $ 278,521.23 ('s mO ? c7 O 0 t r T 00 :- 1y f ? ? CERTIFICATION I certify that: (a) This Praecipe is based upon a judgment entered by confession, and notice was served pursuant to Rule 2958.1 upon Susan Tandle on March 24, 2008 and upon Brian Tandle on March 21, 2008. Donna M. Donaher, Esquire Attorney for PNC Bank, National Association TUCKER ARENSBERG, P.C. 1500 One PPG Place Pittsburgh, PA 15222 BANK FIN:326377-1 000011-134132 -2- t`? ? Q ?j?t R '?. l _? ? 5 --?} t ?. ? t =? ,; ? C?' ky? "°? - 0 NOTE Under paragraph (1) when the writ is directed to the sheriff of another county as authorized by Rule 3103(b), the county should be indicated. Under Rule 3103(c) a writ issued on a transferred judgment may be directed only to the sheriff of the county in which issued. Paragraph (3) above should be completed only if a name garnishee is to be included in the writ. Paragraph (4) (a) should be completed only if indexing of the execution in the county of issuance, is desired as authorized by Rule 3104(a). Where the writ issues to another county indexing is required as of course in that county by the Prothonotary. See Rule 3104(b). Paragraph 4 (b) should be completed only if real property in the name of a garnishee is attached and indexing as a lis pendens is desired. See Rule 3104(c). Certification as to waiver of exemption may be included in the Praecipe. Specific directions to the sheriff as to property to be levied upon may be included in the Praecipe or by separate direction at the option to Plaintiff. BANK_FIN:326377-1 000011-134132 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 08-1296 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due PNC BANK, NATIONAL ASSOCIATION, Plaintiff (s) From BRIAN J. TANDLE, 4 Shea Court, Carlisle, PA 17015 and SUSAN C. TANDLE, 535 S. Middlesex Road, Carlisle, PA 17013 (1) You are directed to levy upon the property of the defendant (s)and to sell personal property . (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $278,521.23 Interest Atty's Comm % Atty Paid $54.00 Plaintiff Paid Date: 6/09/08 (Seal) L.L. $.50 Due Prothy $2.00 Other Costs C s R. Long, Prot By: Deputy REQUESTING PARTY: Name DONNA M. DONAHER, ESQUIRE Address: TUCKER ARENSBERG, PC 1500 ONE PPG PLACE PITTSBURGH, PA 15222 Attorney for: PLAINTIFF Telephone: 412-566-1212 Supreme Court ID No. 53165 R. THOMAS KLINE Sheriff EDWARD L.SCHORPP Solicitor °0tv RONNY R. ANDERSON Chief Deputy JODY S. SMITH Real Estate Sergeant One Courthouse Square Carlisle, Pennsylvania 17013 - mrt' z r Vs M.._ 07/11/08 v PNC Bank, National Assoc at vS 4f (Cumb'a", OFFICE OF THE SHERIFF o -? ut , N N nan J. Tandle & Susan C. Tandle Writ No. 2008-1296 Civil Tenn Property Claim Determination Dear Sir, Reference is made to Property Claim dated July 1, 2008, entered by Sarah J. Tandle, pertaining to Writ of Execution No. 2008-1296 Civil Term, PNC Bank National Assoc. -vs- Brian J. Tandle and Susan C. Tandle. R. Thomas Kline, Sheriff, has determined that the claimant, Sarah J. Tandle, in the above mentioned property claim, is the owner of the property set forth therein. So Answers: Thomas R. Kline, heriff cc Donna Donaher, Atty for Pltff Brian J. Tandle, Deft. Susan C. Tandle, Deft. Sarah J. Tandle, Claimant PROPERTY' CLAIM 'VOC, To nkl ?? nn ? ASSDC Q? VS 'FA 17o10 5?,. C, -'Ca e TO THE SHERIFF OF CUMBERLAND COUNTY, PENNSYLVANIA In the Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 09- jl& Cji? The property listed below and levied upon in this case is not the property of the defendant, but is the property of the undersigned. A list of the claimed property and the values thereof are: LIST OF PROPERTY V. VI n_ cc- . J ?..1r win (jlml?1I11 __rr Ln i o SP C>? r?Ot? _Gko rtD?IQ 8rdl'? _A Larn,os -l;??nn glxyr\ fit ? :9,l hs,nr, - Ly pct (?nnnc, r/00 CIO C ?l r01OD C4 _r i0 1-h" 7U 'Crn?S - a s /D THE CLAIMANT OBTAINED TITLE TO THE PROPERTY AS Date_ JuJ l 000 State of Pennsylvania: County of Cumberland clt r&6 ?. -ra rA le above list in the property claim are correct and true. Sworn and subscnbedxo before of 6 'uoRC NOTARIAL SEAL ' CLAUDIAA. BAEWWOK NOTARY PUBLIC Cafte Boro. CumbWbW County being duI sworn according to law, deposes and says that the Claimant y a 69A4 Ca•t& -PA 170/5- (71-7)140 -OgO,7 ,h q\3 koom chars - Co 8 ao0 Nu r1? - a 4'J000 l ???h Chou r e,5b C T 'Af /cD V&CW-LM 060 AZC. Lmel 616 40(1 -IG coo 51 ooh , 150 KcMugo-oa - CbE .1100 U6-As '020 Poi / Tail S #/Do RQr? SepoAor - cah?clpoal 5O0 ' ?lelnc, Sau - - Mvon{ A goo -foas\cr ovin - os? $ 30 Berk -3 ?aPlo 'Dm Q.r t1J/1y1dYrQf - a Jr 1,4co 'br :5w Lamp P?P? <a.n? TAUvsvon Leo - mom IX s SO Clod '05 Wo .$ 3co -vj '4/50 ?,brts Ca:rpei ?/0 P,\, so C Xm-cr bO0 . GD Pf'Nk-C d? CAIdN 40X00 00 Uacv? Lala.v I rock /oO aL Ra 110 1X rr2-A *20 dwn mew? -? -x'"10 woks- 'd I () ryre SSf At loo yard 6015 s p)() q?,-A 4 CC'S t5o ' &519 - ?f ol&D K'bren,5A r I9CC) ro? ,-Z .g V I - w 01 T ?a R. THOMAS KLINE Sheriff EDWARD L. SCHORPP Solicitor °i0ty of Cautbrrt4 kak #d OFFICE OF THE SHERIFF One Courthouse Square Carlisle, Pennsylvania 17013 08/15/08 RONNY R. ANDERSON Chief Deputy JODY S. SMITH Real Estate Sergeant PNC Bank, National Association vs Brian J. Tandle Susan C. Tandle Writ No. 2008-1296 Civil Term Property Claim Determination Dear Sir, Reference is made to Property Claim dated August 5, 2008, entered by James L. Tandle, pertaining to Writ of Execution No. 2008-1296 Civil Term, PNC Bank, National Association -vs- Brian J. Tandle and Susan C. Tandle. R. Thomas Kline, Sheriff, has determined that the claimant, James L. Tandle, in the above mentioned property claim, is the owner of the property set forth therein. So Answers: ?000j%"j4M1i4 1 Thomas R. Kline, Sheriff By cc Donna Donaher, Atty for Pltff Brian J. Tandle, Deft. Susan C. Tandle, Deft. James L. Tandle, Claimant 61aA'0 e-- 1 e PROPERTY CLALM 1'?? ??, 14GQ10? .? /T.?S't]GlGt?ld?1 VS sC?„? a? C-t'ct,ndle TO THE SHERIFF OF CUMBERLAND COUNTY, PENNSYLVANIA In the Court of Common Pleas of Cumberland County, Pennsylvania Writ No. q The property listed below and levied upon in this case is not the property of the defendant, but is the property of the undersigned. A list of the claimed property and the values thereof are: LIST OF PROPERTY VALUE rr wa den 4ahL Zs rt?aaaFen desk u'?she,?ve? 25' I? ? C,r? t,UQ.V? - Sa?yLSUna ?© Van o u 5 ti15iL? 5 . ya rtn t sM? 4-ACU15 10 ton _ Sun beam io I/X a Fnard 5 S County of Cumberland ,T.k*%es L TA-twngr being duly sworn according to law, deposes and says that the above list in the property claim are correct and true. Sworn and subscnbed to before Bbl c IDIA A. BREWIBAKER, NOTARY PUBLIC Carlisle Bprp. Cumberland CounW A., r.,.? F-xnires Aoril 4, 2009 , _ t Claimant CAML,ySLC I'V 43 tLboden h k U SO rte" 4 ".`" ,.- t fi i . 6 ty/,X je. a ., LO Q5 he- -(Aalt 100 i drl e- - AQj4z? 100 1564jcshar J Kea ,M 100 ?d -1.?,naJr iva boo 100 g Lam Ps 2,0 13wvea, ??'?'} rrb?' t 5D ? ? ?? sods 25 ?? or?? ?J1?, to$ les Z5 ? C(o c? ??.??5 2-0 NOor Mir(Dr- 2.4 t Ayw? o Ir 1-6-0 54v.,^ 4 to f D'40r a-6 2,0 (abILI i0 2.5 fr14444eUe A101A 5D I a t U.bc?e*- Qo?Kt?-? ?0 ? shed vCS 20 5 50 r,, 5? IN9-::5 &r- `-I ? Cor,Pal CcvnpLL? 50 l ?fp 16,,f VAad),Af, 5a 1 14-5-5 c -C- 2° C ?U,('s o 1 L-af A P 10 l N? L w z o s4a5 too Late se-CJ, 5-b l C,"< -{-oAe- 20 A Lam ?s 16 .rv ZJ- sOr\j UU©ode.16*4aIAn904- b \jariws C, -s -5'V Sa, y CA pja?er 51 tcd ( 2p-r 10 ? Leo ?e?ec? ? ?v /? splay 20 0, squeo s?s?r.(Gers ,5,0 C?a CAI\ 100 5 hetveS .2 5? P16tAo 'TO l -A?b(e wl4C,)a.tes ?!r0 l ?P"d e d-4a-bIe- to 25, ' ?,bte? 10 910 to 0 d`?S 2 ,0 50, -PA too m + !r! 777..1 __- } boo 3 4&big 5 6111 ca-A/\ to ch& (' In h? c- ?iiV" 1 l R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned STAYED per Pennsylvania Rules of Court 3206 Property Claim. Sheriff's Costs: Docketing Poundage Advertising Law Library Prothonotary Mileage Surcharge Levy Post Pone Sale Garnishee Postage TOTAL $ 18.00 2.25 .50 2.00 10.00 40.00 40.00 Advance Costs: 150.00 Sheriff s Costs: 114.43 $ 35.57 Refunded to Atty on 08/27/08 1.68 114.43 q10 y /° /-- So Answers; homas Kline, Sheriff ?-'' y audia A. Brewbaker n b I :Z d 01 Nnr 8001 8 . ) jgo30 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 08-1296 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due PNC BANK, NATIONAL ASSOCIATION, Plaintiff (s) From BRIAN J. TANDLE, 4 Shea Court, Carlisle, PA 17015 and SUSAN C. TANDLE, 535 S. Middlesex Road, Carlisle, PA 17013 (1) You are directed to levy upon the property of the defendant (s)and to sell personal property . (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $278,521.23 Interest Atty's Comm % Atty Paid $54.00 Plaintiff Paid Date: 6/09/08 (Seal) L.L. $.50 Due Prothy $2.00 Other Costs Curtis . Long, Pr otary By: Deputy REQUESTING PARTY: Name DONNA M. DONAHER, ESQUIRE Address: TUCKER ARENSBERG, PC 1500 ONE PPG PLACE PITTSBURGH, PA 15222 Attorney for: PLAINTIFF Telephone: 412-566-1212 Supreme Court ID No. 53165