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HomeMy WebLinkAbout08-4312H IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PNC BANK, NATIONAL ASSOCIATION, Plaintiff, CIVIL DIVISION NO. OS ?vs. VILLAGE CRAFT CONTRACT FURNISHINGS LP and JERRY TROLINGER, Defendants. PRACIPE TO TRANSFER AND FOR ENTRY OF JUDGMENT Filed on behalf of Plaintiff, PNC Bank, National Association Counsel of Record for This Party: Donna M. Donaher, Esquire Pa. I.D. #53165 TUCKER ARENSBERG, P.C. Firm #287 1500 One PPG Place Pittsburgh, PA 15222 (412) 566-1212 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PNC BANK, NATIONAL ASSOCIATION, CIVIL DIVISION Plaintiff, vs. VILLAGE CRAFT CONTRACT FURNISHINGS LP and JERRY TROLINGER, Defendants NO. PRAECIPE TO TRANSFER AND FOR ENTRY OF JUDGMENT TO: Prothonotary, Cumberland County Pursuant to the attached Certified Copy of Judgment, please transfer the judgment, which was originally entered in the Court of Common Pleas of Centre County, Pennsylvania, at Case No. 2008-565, to Cumberland County and index it in favor PNC Bank, National Association, and against the Defendants, Village Craft Contract Furninshings LP and Jerry Trolinger, in the amount of $85,824.92, plus interest from February 11, 2008 and costs of suit. T R ARENSBERG, P.C. Donna M. Donaher, Esquire Pa. I.D. #53165 1500 One PPG Place Pittsburgh, PA 15222 (412) 566-1212 Attorney for PNC Sank, National Association AFFIDAVIT COMMONWEALTH OF PENNSYLVANIA ) COUNTY OF ALLEGHENY SS: Before me, the undersigned attorney, a Notary Public, in and for said Commonwealth and County, personally appeared Donna M. Donaher, Esquire, who being duly sworn deposes and says the following: The last known address of Defendant, Village Craft Contract Furnishings, is: 191 Anaconda Drive Pennsylvania Furnace, PA 16865 2. The last known address of Defendant, Jerry Trolinger, is: 2551 Spring Road Carlisle, PA 17013, PA 15012; and 3. The address of the Plaintiff is: Fifth Avenue and Wood Street Pittsburgh, PA 15222 4. The attached judgment is valid, enforceable and unsatisfied and should be indexed against the Defendants, Village Craft Contract Furnishings LP and Jerry Trolinger. Sworn tho and sub cribed before me this J 1 day of 2008. Notary Public My Commission Expires: COMMONWEALTH OF PENNSYL ANIA Notarial Seal Melissa SzaMy, Notary Public City Ol P ftburgh, Allegheny Cotmty My bwmfssion Expires Oct. 31, 2009 Member, Pennsylvania Association of Notaries Donna M. Donaher COMMONWEALTH OF PENNSYLVANIA, COUNTY OF CENTRE, SS: I ......... Arebra, .C..zmmel............ Prothonotary of the Court of common Pleas in and for said County, do herby certify that the foregoing is a full, true and correct copy of the whole record of the case therein stated, wherein ...................... ...... PHG. Rank,. l?atvna? .assncaz?.v ...................... Plaintiff, and ..........Village. Craft. Contract .Furnishings, et al . .. . Defendant, so full and entire as the same remains of record before the said Court, at No. 2008•-0565 In Testimony Whereof, I have hereunto set my hand and affixed the seal of said Court, this .....7.th .........day of .. Ju1?..... A.D. 20 08. •Delira • C . • IIffilel, •P?ochonotery I . paved Gr,ite. . . . . . . . . . President Judge of the forty-ninth Judicial District, composed of the Courts of Common Pleas, Orphans' court and court of Quarter Sessions of the Peace, do certify that ... Pr*;r C ; ,Immel......... by whoin the annexed record, certificate and attestation were made and given, and who, in his own proper handwriting, thereunto subscribed his name and affixed the seal of the Court of Common Pleas of said coun , as at the time of so doing and now is Prothonotary in and for sa"cou of centr "i he ommonwealth of Pennsylvania, duly commissioned and qualified; all of wh le acts as su f aith and credit are and ought to be given, as well in Courts of u a aew re, n the said record, certificate and attestation are in due form of law e Pro • Pres entJud9; COMMONWEALTH OF PENNSYLVANIA, COUNTY OF CENTRE, SS: I ...... Debra C... Imme1 .................Prothonotary of the Court of Common Pleas in and for said County, do certify that the Honorable .....David •Grine ................... ....... by whom the foregoing attestation was made, and who has thereunto subscribed his name, was at the time of making thereof and still is President Judge of the Court of common Pleas, Orphans' Court and Court of Quarter Sessions of the Peace in and for said County, duly commis- sioned and qualified; to all whose acts, as such, full faith and credit are and ought to be given, as well in Courts of Judicature as elsewhere. In Testimony Whereof, I have hereunto set my hand and affixed the seal of said Court, this .... 7.th ...........day of ......July ......... A.D. 20 08. ... be'bra 'C. .....P.ro.th.o.no.ta.ry Among the Records and Proceedings enrolled in the Court of Common Pleas in and for the county of Centre in the Commonwealth of Pennsylvania, to No. ..299h:-.950 .......... is contained the following: COPY OF GENERAL ................................................... DOCKET DOCKET ENTRY. a -rc a d •ri Lr% 1• d C.X c0 a? w •P? : 00: : O rst !f??MI Wr, MCI V St occ N 1: N •L ;a fMA Cr W ' ; A "M a : F*? W U• bs' ' w w Go? O ? i M R Centre County Prothonotary Room 102 Courthouse Bellefonte, PA 16823 (814) 355-6796 Page Number: 1 GENERAL Filed......... 02-11-2008 Case Number: 08-0565 CONFESSION OF JUDGMENT Sat/Dis/Gntd.. 09:55 -------------------------------------------------------------------------------- --------------------------------- Litigants Plaintiff(s) ------------------------------------------------------- ------------ PNC BANK, NATIONAL ASSOCIATION FIFTH AVENUE AND WOOD STREET PITTSBURGH PA Defendant(s) ------------ VILLAGE CRAFT CONTRACT FURNISHINGS 191 ANACONDA DRIVE PENNSYLVANIA FURNACE PA 16865 JUDGMENT 85824.92 TROLINGER, JERRY, JR. 2551 SPRING ROAD CARLISLE PA 17013 Lawyer(s) for the Plaintiff(s) ----------------------------- DONAHER, DONNA M., ESQ. TUCKER ARENSBERG P.C. 1500 ONE PPG PLACE PITTSBURGH PA 15222 412-566-1212 Lawyer(s) for the Defendant(s) ------------------------------ CERTIFIED from tl,e records as entered / and file-Chin this office da of A.D. 20U? Prothonotary and C!erk of the Court JUDGMENT 85824.92 --------------- ---------------------------------------- Proceedings ------------- 02-11-2008 - ----- ----------------------- COMPLAINT IN CONFESSION OF JUDGMENT WITH CONFESSION OF JUDGMENT FILED. (JUDGMENT IS ENTERED IN FAVOR OF THE PLAINTIFF AND AGAINST THE DEFENDANTS PER THE CONFESSION OF JUDGMENT IN THE AMOUNT OF $85,824.92 PLUS INTEREST AND COSTS. (NOTICE AND JUDGMENT ISSUED)(MAILED COPY OF NOTICE, JUDGMENT AND ALL OTHER PAPERS TO EACH DEFENDANT AND ATTY DONAHER IN ENVELOPES PROVIDED FEB 12, 2008) 03-24-2008 CERTIFICATE OF SERVICE UNDER RULE 2958.1 AS TO VILLAGE CRAFT CONTRACT FURNISHINGS LP, FILED. (MAILED COPY TO ATTY. DONAHER IN ENVELOPE PROVIDED - 3/24/08) 03-24-2008 CERTIFICATE OF SERVICE UNDER RULE 2958.1, FILED. (MAILED COPY 07-07-2008 TO ATTY. DONAHER IN ENVELOPE PROVIDED - 3/24/08) LETTER FROM MELISSA SZALKAY LEGAL SE 07-07-2008 , CRETARY, AT TUCKER ARENSBERG ATTORNEYS, REQUESTING AN EXEMPLIFIED RECORD FILED , . EXEMPLIFIED RECORD ISSUED - MAILED TO ATTORNEY DONNA M . DONAHER, AT TUCKER ARENSBERG ATTORNEYS, IN ENVELOPE PROVIDED ON 07-10-2008.) ------------------- ----------- Fees --- ---------- ------------------------------- CIVIL ACTION - CONF OF JUDGMEN 95.00pd 02-12-2008 95.00 End of case print-out W WC7Y1 CUGM=01 IN THE COURT OF COMMON PLEAS OF CENTRE COUNTY, PENNSYLVANIA PNC BANK, NATIONAL ASSOCIATION, Plaintiff, CIVIL DIVISION NO.C?G??-,5 vs. VILLAGE CRAFT CONTRACT FURNISHINGS LP and JERRY TROLINGER, Defendants. CERTIFIED from We records as entered and fil i this office day of 41 A.D. 20641 Prothonotary and Clerk of the Court COMPLAINT IN CONFESSION OF JUDGMENT Filed on behalf of Plaintiff, PNC Bank, National Association Counsel of Record for This Party: Donna M. Donaher, Esquire Pa. I.D. #53165 TUCKER ARENSBERG, P.C. Firm #287 1500 One PPG Place Pittsburgh, PA 15222 (412) 566.1212 T ? 7 rrl -. ::7 G7 T ?. CD ? 1 - 4 n 0 r - U1 C:) cn IN THE COURT OF COMMON PLEAS OF CENTRE COUNTY, PENNSYLVANIA PNC BANK, NATIONAL ASSOCIATION, CIVIL DIVISION Plaintiff, ) ) vs. ) VILLAGE CRAFT CONTRACT ) FURNISHINGS LP and ) JERRY TROLINGER, ) Defendants. ) NO. o2c?;?• sus 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 Village Craft Contract Furnishings LP, whose last known address is 191 Anaconda Drive, Pennsylvania Furnace, PA 16865. 3. Defendant is also Jerry Trolinger, Jr., whose last known address is 2551 Spring Road, Carlisle, PA 17013. 4. On December 22, 2006, Defendants submitted to Plaintiff an Application for a Business Line of Credit. A true and correct copy of the Application is attached hereto, incorporated herein and label Exhibit "A". -; n -C r- D Q C!1 Q O 5. Pursuant to the terms of the Application, the Defendants agreed that should the line of credit be granted, they would be bound by the terms and conditions of the Business Line of Credit Agreement. 6. On or about December 26, 2006, the Plaintiff did notify the Defendants that a business line of credit in the amount of $75,000.00 would be extended. 7. On or about December 26, 2006, the Plaintiff did provide the Defendants with the Business Line of Credit Agreement ("Agreement") containing the terms and conditions of the line of credit. A true and correct copy of the document is attached hereto, incorporated herein and labeled Exhibit "B". 8. The Application and Agreement shall hereinafter be jointly referred to as "Note". 9. There has been no assignment of the Note. 10. Judgment has not been entered on the Note in any jurisdiction against the Defendants. 11. 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. 12. By Warrant of Attorney contained in the Note, Defendants authorized entry of judgment by confession. 13. Pursuant to the Warrant of Attorney executed by Defendants, Defendants waived the benefit of all laws exempting real or personal property from execution. 14. Pursuant to the Warrant of Attorney contained in the Note, judgment may now be entered against Defendants as payment on the Note was not made when due thereby creating an event of default under the Note and accelerating all amounts due thereunder. -2- 15. Under the Note, the following amounts are now due by Defendants to PNCB: Principal Debt $ 74,188.90 Interest through 12/21/07 3,511.35 Late charges 354.65 Attorney's Commission 7.770.02 Total $ 85. VAM2 16. Under the terms of the Note, Defendants are liable to PNCB for attorney's commission of ten (10%) percent for collection. WHEREFORE, Plaintiff, PNCB, demands that a judgment be entered against Defendants, Village Craft Contract Furnishings LP and Jerry Trolinger, jointly and severally, as authorized in the Warrant of Attorney contained in the Note, in the sum of $85,824.92, together with interest and costs of suit. Respectfully submitted, TUCKER ARENSBERG, P.C. By: Donna M. Donaher, Esquire Pa. I.D. #53165 1500 One PPG Place Pittsburgh, PA 15222 (412) 566-1212 Attorney for PNC Bank, National Association -3- IPage 9 of 13) 1. Aatar__li_mnnt. The Applicant certifies that the statements made on this application and any other information provided in connection with this application are true and complete. THE APPLICANT CERTIFIES THAT ALL LOAN PROCEEDS WILL BE USED FOR BUSINESS PURPOSES. The term "Applicant" as used herein shall include the business entity (ies) applying for the loan (the "Borrower") and all other persons who by providing information herein may be liable for the loan requested in this application as an endorser, surety or guarantor, or who may be a principal of the Borrower. The Applicant agrees to promptly notify the Bank of any material changes to this information. The Bank is authorized to make all inquiries it deems necessary to verify accuracy of the information submitted and to determine the Applicant's creditworthiness, and to share any information provided to the Bank by or about any Applican(s) with any third party that performs services for the Bank in connection with this application or the loan or to whom this application or any loan to the Applicant may be transferred The Applicant authorizes any person or consumer reporting agency to give the Bank or such third party any information it may have on the Applicant and authorizes the Bank or such third party to make inquires of the Applicant's accountant directly and obtain any information it deems necessary in processing this application. The Applicant authorizes the Bank and any transferee of this application or loan to answer any questions about its credit experience with the Applicant. The Applicant understands that all fees, including commitment and documentation fees and annual credit review fees are non-refundable. In addition, once the commitment has been issued, the Borrower will pay all expenses, including but not limited to: documentation fees, annual fees, mortgage taxes, insurance premiums, recording and filing foes, overdraft protection fees, appraisal fees, etc. By signing below, the undersigned Applicant(s), who is/are either a principal(s) of the Borrower or a personal guarantor(s) of its obligations, provides written authorization to the Bank or its designee (and any assignee or potential assignee hereof) to obtain my/our personal credit profile(s) from one or more national credit bureaus. Such authorization shall extend to obtaining a credit profile in considering this application 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 (ies) as the respective individuals Identified in this application. 2. Information Sharing. Each Applicant understands that in order to serve our customers efficiently and offer a full range of financial services, the Bank shares customer transaction and experience information among the PNC Bank family of companies. PNC Bank companies also share personal information such as applications, financial statements and credit reports. By executing this application, each Applicant expressly consents to the sharing of such information among the PNC Bank companies unless such Applicant requests that the Bank not share this other personal information (except where such information is used by one PNC Bank company to service customer accounts for another) by calling the Bank at 1.877-BUS-BNKC (1-877-287-2654) or by writing to the Bank at: PNC Bank, P.O. Box 96066, Pittsburgh, Pennsylvania 15226 including the Applicant's name, address and account number(s) or Social Security/EIN number(s). EEXHIBIT PCBBC022 , Applicetipn-PA-06-14-06 Page 10 of 13) 3. Terms and Condi_ Hons. If this application is for: (a) a Choice Credit" for Business Line; (b) a Choice Credit`' for Business Term Loan; or (e) a line of credit or term loan which may be secured by the Borrower's business assets or equipment; and the Bank approves this application, the Bank will mail to the Borrower at the address specified in this application, the Business Banking Line of Credit Agreement or the Business Banking Term Loan Agreement, as appropriate (as amended or restated from time to time, the "Terms and Conditions') governing the line of credit or term loan (as appropriate, collectively, the "Credit Facility'). The Borrower agrees that: (i) it shall be bound by all provisions of the Terms and Conditions; (ii) all credit requested or obtained under the Credit Facility shall be subject to the Terms and Conditions; (iii) any request by the Borrower for credit under any Credit Facility shall be conclusive evidence that the Borrower has received the Terms and Conditions and agreed to the terms thereof; and (iv) it shall pay to the Bank all amounts outstanding from time to time under any Credit Facility in accordance with the Terms and Conditions. The Borrower agrees to immediately notify the Bank if it does not receive the Terms and Conditions within seven (7) days after submission of this application to the Bank, or if the Borrower does not agree to be bound by the Terms and Conditions upon receipt thereof. The Borrower agrees that if it does not agree to be bound by the Terms and Conditions, the Borrower promises to immediately repay to the Bank any proceeds of any Credit Facility which have been.disbursed to, or on behalf of, the Borrower. The remaining paragraphs apply only if the Credit Facility is: (a) a Choice Credit" for Business Line; (b) a Choice Credit' for Business Term Loan; or (c) a line of credit or term loan which may be secured by the Borrower's business assets or equipment. 4. Guano . In consideration of the extension of credit from the Bank to the Borrower and other good and valuable consideration, each of the undersigned owners (individually, a "Guarantor" and collectively, the "Guarantors') hereby jointly and severally guarantees, and becomes surety for, the prompt payment and performance, when due, of all obligations owing by the Borrower to the Bank, whether now existing or hereafter arising, including, without limitation, in connection with or under any Credit Facility and all obligations now or hereafter due under the Terms and Conditions (collectively, the "Obligations'). This guaranty is absolute, unconditional, irrevocable and continuing and will remain in full force and effect until all of the Obligations have been paid in full. This Guaranty will not be affected by. any release by the Bank of any other party, guaranty or security held by it for any of the Obligations; by any failure of the Bank to preserve its rights to any guaranty, or by any irregularity, unenforceability or invalidity of any of the Obligations or any part thereof or any guaranty thereof This is a guaranty of payment and not of collection and the Bank shall not be required, as a condition of any Guarantor's liability, to make any demand upon or to first pursue any of its rights against any Borrower or particular Guarantor, or to pursue any rights which may be available to it with respect to any other person who may be liable for the payment of the Obligations Each Guarantor hereby waives: notice of acceptance of this Guaranty, notice of extensions of credit to the Borrower from time to time, notice of default, diligence, presentment, notice of dishonor, protest, or demand for payment The Bank at any time and from time to time, without notice to or the consent of any Guarantor, and without impairing or releasing, discharging or modifying any Guarantor's liabilities hereunder, may: (a) change any of the Terms and Conditions relating to any of the Obligations, (b) renew, substitute, modify, amend or alter, or grant consents or waivers relating to, any of the PCBBC022 Application-PA-M14-06 (Page 11 of 13) Obligations, any other guaranties or any security for any Obligations (c) apply any and all payments by whomever paid or however realized, to any Obligations of the Borrower in such order, manner and amount as the Bank may determine in its sole discretion; (d) deal with any other person with respect to any Obligations in such manner as the Bank deems appropriate in its sole discretion; (e) substitute, exchange or release any security or guaranty, or (f) take such actions and exercise such remedies as provided herein or any of the Terms and Conditions. Until the Obligations are paid in full, each Guarantor postpones and subordinates in favor of the Bank any and all rights, which such Guarantor may have to assert any claim against any Borrower or to any realization on any property of any Borrower. Each Guarantor's obligations hereunder shall not be affected, modified or impaired by any counterclaim, set-off, recoupment, deduction or defense based upon any claim such Guarantor may have against any Borrower or other Guarantor or the Bank except payment of the Obligations. To the extent that the Bank incurs any costs or expenses in protecting or enforcing its rights under the Obligations or this Guaranty, including reasonable attorneys' fees and the costs and expenses of litigation, such costs and expenses will be due on demand, will be included in the Obligations, and will bear interest from the incurring or payment thereof in accordance with the Terms and Conditions. This Guaranty will be binding upon and inure to the benefit of each Guarantor and the Bank and their respective heirs, executors, administrators, successors and assigns. 5. Right of Setoff. In addition to all liens upon and rights of setoff against the money, securities or other property of any Borrower or Guarantor given to the Bank by law, the Bank shall have, with respect to all Obligations to the Bank under any Credit Facility or the Terms and Conditions and to the extent permitted by law, a contractual possessory security interest in and a contractual right of setoff against, and each Borrower and Guarantor hereby assigns, conveys, delivers, pledges and transfers to the Bank, all of its right, title and interest in and to, all deposits, moneys, securities and other property now or hereafter in the possession of or on deposit with, or in transit to, the Bank 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 or notice. Every such right of setoff shall be deemed to have been exercised immediately upon the occurrence of a default without any action of the Bank, although the Bank may enter such setoff on its books and records at a later time. 6. Power to Confess Judgment. Borrower and each Guarantor hereby jointly and severally irrevocably authorize and empower the Prothonotary, any attorney or any clerk of any court of record, after the occurrence of any Default under the Terms and Conditions, to appear for and confess judgment against any or all such parties for such sums as are due and/or may become due under any Credit Facility, with costs of suit, without stay of execution, and with ten percent (10%) of the amount of such judgment, but not less than 51,000, added for attorneys' collection fees. To the extent permitted by law, the Borrower and each Guarantor releases all errors in such proceedings. If a copy of this instrument, verified by or on behalf of the Bank shall have been filed in such action, it shall not be necessary to file the original instrument as a warrant of attorney. Interest on any such judgment shall accrue at a rate per annum which shall be five percent (5%) in excess of the interest rate in effect from time to time under the Terms and Conditions but not more than PCBBC022 Application-PA-06-14-06 ;Page 12 of 13) the maximum rate allowed by law. The authority and power to appear for and confess judgment against the Borrower and each Guarantor shall not be exhausted by the initial exercise thereof and may be exercised as often as the Bank shall find it necessary and desirable and this instrument shall be a sufficient warrant therefor. BEING FULLY AWARE OF ITS RIGHTS TO PRIOR NOTICE AND A HEARING ON THE VALIDITY OF ANY JUDGMENT OR OTHER CLAIMS THAT MAY BE ASSERTED AGAINST IT BY BANK HEREUNDER BEFORE JUDGMENT IS ENTERED, EACH BORROWER AND GUARANTOR HEREBY FREELY, KNOWINGLY AND INTELLIGENTLY WAIVES THESE RIGHTS AND EXPRESSLY AGREES AND CONSENTS TO BANK'S ENTERING JUDGMENT AGAINST IT BY CONFESSION PURSUANT TO THE TERMS HEREOF. FURTHER, BEING FULLY AWARE OF ITS RIGHTS AFTER JUDGMENT IS ENTERED (INCLUDING THE RIGHT TO OPEN OR STRIKE THE JUDGMENT), EACH BORROWER AND GUARANTOR HEREBY FREELY, KNOWINGLY AND INTELLIGENTLY WAIVES ITS RIGHTS TO NOTICE AND A HEARING AND EXPRESSLY AGREES AND CONSENTS TO BANK'S TAKING SUCH ACTIONS AS MAY BE PERMITTED UNDER APPLICABLE STATE AND FEDERAL LAW WITHOUT PRIOR NOTICE. EACH BORROWER AND GUARANTOR CERTIFIES THAT A REPRESENTATIVE OF BANK SPECIFICALLY CALLED THE CONFESSION OF JUDGMENT PROVISION TO ITS ATTENTION AND/OR THAT IT WAS, OR HAD THE OPPORTUNITY TO BE, REPRESENTED BY LEGAL COUNSEL IN CONNECTION WITH THIS DOCUMENT. 7. WAIVER OF JURY TRIAL. THE BORROWER AND EACH GUARANTOR IRREVOCABLY WAIVES ANY AND ALL RIGHT SUCH BORROWER OR GUARANTOR MAY HAVE TO A TRIAL BY JURY IN ANY ACTION, PROCEEDING OR CLAIM OF ANY NATURE RELATING TO THIS INSTRUMENT, ANY DOCUMENTS EXECUTED IN CONNECTION WITH THIS INSTRUMENT OR ANY TRANSACTION CONTEMPLATED IN ANY OF SUCH DOCUMENTS. THE BORROWER AND EACH GUARANTOR ACKNOWLEDGES THAT THE FOREGOING WAIVER IS KNOWING AND VOLUNTARY AND IS A MATERIAL INDUCEMENT FOR THE PARTIES ENTERING INTO THIS TRANSACTION. ! PCBBC022 Application-PA-06-14-06 (Page 13 of '13) Agreement Signatures Borrower(s): Borrower(s): VT1-1-AGE C AFT ONTRarr T?T1A#iTCVTLI/? NOTES: (Nam or Corporation, Pannerahip ur Other Entity, if applicable) • If Borrower is a corporation, any required officer(s) must sign. If borrower is a partnership, all general partners must sign • Officer Titles should ONLY be as follows: If a Sole Proprietor - Owner; a Corporation - President, Vice-President, Secretary, or Treasurer; an LLC - Member, If Borrower is a legal entity, the undersigned officet(s)/Rartner(sYmember(s) represent and warrant that they are duly authorized to execute and deliver this Application and any other agreements on behalf of such entity(any of which may contain a warrant of attorney authorizing the Bank to confess judgment against the entity for all sums due or to become due by the entity to the Banlo, all necessary action to authorize the execution and delivery of this Application and such agreements has been property takeq and the Borrower is and will continue to be duly authorized to borrow under the Credit Facility and to perform all of the other terms and provisions of the such agreements REQUEST FOR INITIAL. LINE OF CREDIT ADVANCE. If this Application for aline of credit is approved, Borrower hereby requests the Bank to make an advance under the Credit Facility in an amount of $65_t 000 [COMPLETE FOR LINES OF CREDIT ONLY) at the time of closing and directs the Bank to deposit such advance into Borrowers PNC Bank business checking account noted in the Application ignature an rtle (pl F ame and Title (please print) JEERRVTROLINGER JR PARTNER DECEMBER 22, 2006 ate f\ , ! -GFr"tor(s): (All ownam aad.principatr Of the Bonowe(s) must Sign as quet and i na ame nly, t ) y g ature (Name only, no title) q ame (N title. pie-dise Print) e (No title, please print) JERRY TROLINGER R ate DECEMBER 22, 2006 PCBBC022 Application-PA-06-14-06 (Page 2 of- 13) G 1PN CBAN< BUSINESS BANKING LINE OF CREDIT AGREEMENT Borrower. VILLAGE CRAFT CONTRACT FURNISHINGS LP 191 ANACONDA DR PENNSYLVANIA FURNACE, PA 16865 Bank: PNC Bank, National Association 4242 Carlisle P&P, Camp Hill, PA 17001 Maximun Credit: $75,000.00 Annual Fee: $175.00 Initial index: 8.25 Margin: 3.50 Initial Rate: 11.75% Date of Loan: 1212612006 Borrowees form of organization: ? Sole Proprietorship ? Corporation ? Limned Liability State of Organization: Pennsylvania Borrower's Tradentum or Tradestyies: Other Locations of Borrower's Business: © Waived for first year ? General Partnership © Limited Partnership ? Subchapter S Corporation ? Non-Profit Corporation ? Business Individual EXH181T (Page 3 of 13) BUSINESS BANKING LINE OF CREDIT AGREEMENT TERMS AND CONDITIONS We are phased to have you as a customer and to provide you with a copy of these terns and conditions (the "Terms mud Conditions") ovtti?ting the line ofuodit ("Line") provided to you by us, Thew Terms and Conditions we an important pan of your Business Banking Line of Credit Agsscmeut. A supply of ehaoia to enable you to begin using your aceotmt will be mailed to you shortly. Mean nod these Temts.and Conditions carefu yll , Your use or acceptance of any Line protads will be deemed evidence of your agrectnertt to these Terms and Conditions. I, DEFINITIONS. In this Agreement, the following definitions apply: "Agmemeeu" means this Business Banking Line of Credit Agreement and any amendment or addendum to this Agreement. "We," "us." "our' or "Bank" means the Bank identified on the first page of this Agreement or any person or entity to whom the rights of the Bank have been assigned. "You,' "your.. "yours" or "Borrower" morns the individual(s) or entity(ics) identified on the first page of this Agreement who have applied to the Bank for the line, for whom an account has been approved and who are listed above as a Bormwer. "Billing Cycle" means the interval between the dates on which monthly statements are prepared. "Expiration Date" Shull be the date which is one year from the Date of Loan shown on the fret page of this Agreement, or such later date as may Ix designated by written notice from us to you. "Maximum Credit Limit" or "Maximum Credit" meats the total dollar amount ofcredit available to you from time to time, the initial amount of which is ideatified on the first page of this Agreement. Paymend Due Date" means the date which will appear each month as the "Payment Due Date" on the billing statement. The Payment Due Date will be determined by the Bank at the Bank's discnelion. "Termination" means that you will no longer be able to obtain loans or any extension of credit on this account. Termination affects the account permanently. 2. GENERAL DESCRIPTION OF THE ACCOUNT. This account is a revolving line account, sometimes called a line of eedit. It is intended to be ucad only for btainess parposes You represent that it will not he used primarily for pe rsoredel, family, or household purposes. You may obtain Irons on this account in rho ways desenbed le the "Account Privikgns" section otthis Agreement up to the Maximum Credit Limit until this account is tem+in•ted. lntexeert will be eFtargtd em the outetarrdeng pnncipat balance at a me that rosy change from time to time. Each new rate will apply to the outstanding bsleatee nn your account and all new borrowings anti! the rate changes again. 3. AUTHORIZED SIGNERS. In the Agreement, ynu are to dcsi*natc the person(s) who arc authorized to write checks or obtain Ponds from this account by any other means as we may, from time to time, permit wohm the signatum or endmseancnt of any other Borrower. Any one of the authorized signers may act alone. If mono than one name is identified as Bnrmwcr, each individual B-xrower tainted has authority to write checks or obtain funds from this account by any other means as we may, from time to time, permit without the signature or eadoyu:meru ofany other Borrower. We may honor drafts drawn by an authorized signer even if the drafts ant trade payable to the signer, to cash, or for deposits to the authorized signet's personal accoorN. We have so duty to investigate or question the application of Line funds. We may refuse to horror drafts or rellaca; for funds if we an uncertain as to aryone's continuing authority to act as an authorized signer, or if the signature on a draft does not appear to be that of an authorized signer. 4. HOW YOU AGREE TO THE TERMS OF THIS ACCOUNT. Applying for the Line, using your account or permitting someone else to use your aceotmt constitutes your agreement with us to be bound by this Agremient. S. ACCOUNT PRIVILEGES. We have establisher) this account for you with a Maximum Credit limit in the amount sec forth on the first page of MA ma at which may change from time to time and which will appear on your monthly billing statement. You may use this credit to obtain loans from time to time until the Expiration Date by writing checks given by as to you for that special purpose in anotmts of not less than S1.000.00 or by using other methods which we may perntit. You may not use this account to make payments on this or any other PNC Bank account. You tray continue to eobtmin loans until this account is terminated or the Expiration Dater, whichever is earlier. You authorize as to charge this account for all chocks you write on this ae¢num, for loans you make and for interest and any other amarnts whkh you agree in this AWcemeat to pay, If you lose the checks which were given to you to obtain loans from this account, or someone has oh eirud them without your pemtisston, you must tell us immediately. You acknowledge and agree that in no evert will we be under any obligation to extend or renew this account beyond the initial Expiration Date. F3ge 4 or 13) ? We aQrse to pay checks which are doled, drawn and iFSUed on This accoem by you prior to the earlier of the termirr?tion of this atxotrnl or the lxiration k. a are txt obligtaod to pay eheclu that cause your balarsce o exceed ?raur Maximum Credit Limit. We arc not obli eel to checks dated, drawn or issued by you ix recerved by us aAtt This account is terminated, tCyour balance eiretards your Maxinwm Ctedit? miry oar if your checks have beta reported loss orstalaa. You agree that the only chocks than you will write to make loans from the acctamt will be those isstned by w for that talttecial purpose. 6. OVERDRAFT PROTECTION. If you cleel Overdtall Protection for this e""L we will make a d m in designated by You whenever a withdrawal is made flom that checking account, either by writing a cheek from tit to the he checking check paccouit with w "nw an amount which is more moncy than the balance in that checking account. The amount which we will deposit will be the amount amount by which the?tMdnwal accoung exceeds the balance in the check' n`g to count, rounded up to the neat whole $1,00: however. the atnnant which we will d We will e6fle the amount of the deposit as a loan from this account. We do not have to make a d epos will not be lass than 550.00, toe balance of this accoum to exceed the Maxinoen Credit Limit m would violate this Agmement. C ieck ng a tint c which t arif& e retained wiwill c& ll be subject to our regular overdraft charges. 7. YOU AGREE: a) not to write checks for less than 51,000.00; b) to repay all amounts advanced hereunder together with interest as provided in this Agreement; c) not ta make loans from this account which will cause the outstanding balance on this account at any time to exceed the Maximum Credit Limit which we have now approved or may approve at say time in the futurs; d) to immod. pparyy the amount orally loans in excess ofthe Maximum Credit Limit; e) to give us wets fieareia) statements as we may request Pmm lkw to time; cams arse ey for collect on ion, including ernrn casts and trawnsblc legal fees and expenses allowed bylaw. if we refer your account to an aa) not to give us false information or signatures at any rime or let anyone who is not a Borrower use this account; h) to pay a late Charge, as provided in this AVmnicnl, for each month any Payment ix not made within (ifti," (15) days of its Payment Due Dale: and i) to honor arty and all other promises that you make in this Agresnicat. S. SECURITY INTEREST. Money on deposit with us and property held by us secure loans made under this Agreement; collattxal securing other obligations to us may also secure loans under this Agreement. 9. INTEREST. The interest rate on the Line is subject to change tram time to time based on changes in an independent index which will be the highest "Plri Rate ppuublished in the "money Rates" section orThc Wall Street Journal for the last day of the preceding calendar month which is reported (the The Index is not necessarily the lowest rate we charge on our Ions. If the index becomes unavailable during the harm of this account, we may desigtau a substitute index after notifying you. We will tell you the current Index rare upon your request you understand that we may pmvWc lines of credit and Ions build on other threat as well. The interest rue change will not occur now ohm than each month. The Index fat a Bfthng Cyyeek is determined on the first day of that cycle based on the Index for the last day of the preceding calendar month which is reported. The ttmtertt Index is set forth on the first p%v of this Agreement. The interest tact: to be applied to the unpaid principal balance of this account is determined by adding a number of perecr age points (the "Margin") to the index. This Margin is act forth on the first page of this Agreement, as is the initial iraorest rate for the account (the index rate phis the Margin}. Interest on the principal balance of bans omstandingsm this account is computed on a 3651360simple interest basis; them is, by applying the ratio of the annual interest tale on the first day of the Billing Cycle over a year of 360 days to obtain a daily periodic rate, multiplied by the average daily principal balance during the Billing Cycle, multiplied by the actual number of days in the Billing Cycle. Udder no circumstances will the interest rate on this account be snore than the maximum rate allowed by applicable law. 10.ee MONTHLY INTEREST PAYMENTS. You agree to pay the accrued and unpaid interest on this account each month on the Payment Due Date. roquTM? bym applicable to us at the address shown above or at such otberplace as we may designate in writing. Unless otherwise agreed in writing or collection costs and a latewy a will be applied first to any accrued unpaid imcrest. then to principal, and any remaining amount to any unpaid any charges. chic )Chart' o S 100 or 3%of the amount past due, whichever ?bY the payment due date reflected on your monthly ,talemait, we may charge you s Late 12. AUTOMATIC PAYMENT; DEPOSITORY; INCREASE OF MARGIN, You agree to WAMish and maintain a business checking accounl with us during the term ofthia Agreement which 4*11 be your primary depository account. You authorize us to deduct our monthly the checking account awaratically. If there are insufficient collected ad available funds in the checking account, we will not ''""? on the account from to cover the payment. We reserve the right to terminate the automatic ?rn? required to authors funds service at anytime, with o w htut cause. If you revoke your antlrorizuion for us account to with us which automatically dedmayuct your bechat?d monthly payments; o urom the account trmm the checking account any town whatsoever or fail to mairsairr a checking page of this Agreement by up to 025 may. n25 ,upon thirty (30) days notice to you. incraxe the interest rate Margin set forth on the file percentage points (0.0.?SY.). Tryon fail to caublish and maintain your primary depository account with us, we may, at our option, upon thirty (30) days notice to you, increase the intems rate Margin set forth on the first page of this Agreement by up to 1.00 percentage points (1.00%). Our right to increase the interest rate Margin pursuant to this Section shall be in addition to any other rights or remedies we may have, all of which arr hereby reserved. and shalt not constitute a waiver, release or limitirion upon our exercise of any such tights or remedies. (Page 5 of -13) 13. PREPAYMENT, You may pay without naccrued atty al ur any portion of the amount owed earlier than it is due. Early payments will not relieve you of your obligation to continue to make npaW interest. Rather, they will reduce the pa principal balance due. 14. MONTHLY STATEMENTS AND CHECKS. We will send you a inornhhy statement for cock billing eyele in which activity is posted to this account or if throe is a debit or credit balance or morc than $ 1.00 or for any billing cycle in which wa impose inne, , The statement will show advances trade, the anromm due foraccrued unpaid interest, payments made and the balance which you owe. All payments must be received by to in U.S. dollars at the temittafoe address draclnsed on your monthly billing slaternent. A subsidiary this account. Unless nY airy or affiliate of outs tray act as your "too ito- he payments on your notify of us in writing of ittoes in the statement wi twithin sixty (60) days flan the date it is trailed, the Natempq sshawl be considered ?r.et? epted by you. We read am trail you a sta coneM if we dean this account mstogocutble or if delinquency collection canal ehave been ash"ad ndby us. If ibero is more than one Borrower, each agrees that if the statement is sent to and accepted by any of yew, it shall be accepted by all of you. We doll retain all chocks drawn on this account. 15, CREDIT REVIEW. By accepting this account, you authorize us to check your credit and emt history aril to answer ouraperierve with you. You also authorize us to obtain Erma and exchange information with our a I?rtW?tes and correspondents. abro q? o about bummus was obtained with meet to this account. If you ask, we will tell you whether or not a consumer credit infrm ation from credit and the lanes sad address of & credit bureau(s) that provided the consumer credit report. At ycoon was dated re t bureau a credit buret income verifications; on you as is masons necessary to our option we may obtain updated credit bureau reports and by protect our interests. 16. CUSTOMER INFORMATION. You understand that we share transaction information with PNC Bank aililiata and with arty third party that performs services for us in connection with this account or to whom this account way he transferred. We ing also share other Information you or a third try nay provide, If you do not watt us to shale personal, nnntransaetion information with PNC Bank affiliates, please write us at PNC: Bank, P. 0. Box 96066, Pittsburgh. Pennsylvartis 15226. Bosun to include your tame, address, account number(s)or Social Security/E1N number (s). 17. DEFAULT. You will be in dclsuk if any of the following happens; a) Iryoa fait to pay any payment when it is due; b) If YOU fail to Pay us the amount of any advances in excess of the Maxinwm Credit Limit within ten (10) days after we mail a notice to you demanding the money. c) If d) If you we the ptocceds of Marts from this account for a propose not permitted under this Agreement; You or any guarntor fail to provide us with an updated financial statement upon our request; e) I f you die, are pat in jail, or if a court with proper jurisdiclinn to do so rinds that you arc incapacitated. t) If you make an assignment for the benefit of cmiliti ts, i r you are or become insolvent, if a receiver is appointed for any part of your property, or if bankrupey or receivership proceedings are filed by m against you; g) If anyone file a lawsuit or Fete a Judgment against you, or attache or levies an any property of yours; h) If you do not notify us within ten days ofany change in our address; i) If you have node any untrue statemcrts or have provided us with false information or signatures at any time; j) if you foil to keep any promise or perfi m any duty in this Agreement or any other loan or agreement with us; k) If you default undcrany loan, extension of credit. security agreement, purchase or sales agreement. or any otheragrsemem, is favor of aarnty)r other creditor or person that tiny materially affect any of yourproperty or your ability to repay this act?stni or pciform your obligations under this Agreemcrrt 1) If any creditor tries to take say ofyourproperty on or in which we have a lien or security inieitst (this includes a garnishment of any of your accounts with us); m) If you fail to publish and maintain your primary deposit account with us; n) If a material adverse change occurs in your financial ennolitiun, or we believe the prospect of payment or performance of the account is impaired; o) If any of the everts described in this default section occurs with respect to any guarantor of this account. P) If :my gmarantnrsecks, claims or otherwise attempts to limit, modify, mvnke such guarantors teuaranty of this account or any other loan with us; or q) if we, in good faith, deem ourselves insccum. 18. OUR RIGHTS UPON DEFAULT. Ir a default occurs, we will have no 16rther duty to pay checks or make advances from this accrum and this account will be terminated, This will happen without prior notice to you. If we choose, at our sole option, to pay checks from this account or nuke advances after deftwM, you agree that we tray charge those loans to this account. If any event described in Sections 17(x), (g) or (h) happens, all amounts c 08 loowa which you owe us undo, this Agmcmern shall be immediately due and payahic without prior notice to you, or right to cure, except as required by low, if any other event specified in Souiun 17 occurs, all armwrtta which you owe w under Ibis Agttxmcnt stall ho due and payable imrricdiately, u iw? opioa without prior notice b you, er tight to cwt except ss required by law. The other provisionx of this Agreement will continue to apply to this sawunt If the rata appatjiaab?je to thisltsetroum will contdnnWerler M an action filed by nr against you under the Bar rupry Code, unless Prohibited by apptiable other n tc loan agreement of h to tltt balance rn thus account. A default wrier this Agreement u a default utidrr every faeur'ity igro0lrlenl that you have with us. that Vpon default. if we declare the emim outstanding primipal, unpaid interest and charges on your *=unt immediately due and payable, you must pay ty. Upon your default we may rncrcase the intcnsY Margin up to five lieeernu me on this ge points (S%) over the variable imtcteat account, if allowed by law. We may hire or pay someone else to help us calico this account if you flail to pay. in accordance with this Agreement. You agme to pay our collection costs (including, without limitation, the cost of in-house attorneys and staft wheter or not we hire anyone else to help us collw this account. This to any its under appiicabk law, our attomays• foes and legal exposes whether or not that is a lawsuit, including noo"' fee and legal expenses for bankruptcy rags (including cttbrts to modify or vacate any sulomalic stn ? end aanay a ticipated host-judgment collodion services. In died them to all other sums provided by law, you will also pay any cam costs iffnnotp?hib?ited by (Page 6 of ].3) 19. FEES. Your account is subjoct to the Annual Fee described on the first page of this. Agm-tem. The Annual Fee will be charged in advance on the anniversary date of your account and is not refundable. 20, TERMINATION BY YOU. You may terminate this Agreement at any time that you am not in default by: (i) mailing or deltvcri a written notice to us that you ant: temtinating this aceonrm; (ii) paym, us the outstanding principal balance of the account, the oeerned and unpa' intenxt on the balance, and all other aatnmb due in accordance with i terns of this Agmcrncnt; and (iii) immediately mumittg all checks and other credit access devices, if applicable, which am our property and that were provided to you to access your account. You will continue to be liable for any advnncts mode Purawn? to unretumcd chocks, Any use of checks slier the account is terminated may be considered fraudulent. 21, TERMINATION BY US. Upon sixty (60) days prior written entice to you, we may terminate this account, with or without cause, and demand full payatem of the twbasndiag princpal balance the account, the accrued and unpaid interest an the balance, and all other amounts due is accordance with die terms of this Agre anent, Unless our notice provides otherwise, we will have no Ctatherobligalion to make stew kzarn to yon. TenrAmition under this pomgrph will not affect any checks which comply with this Agreement and which were written and Waved by before the date on the termination notice or any other towns made under this Agmernnn before the date on the termination notice, if we choose. at or sole option, to pay Checks or make advances after we have uamimted this secount, you agree that we may charge those loans to this account. After termination, the checks and other credit access devices, if applicable, which are our pmperty and that were provided to you to access your account mtict be returned to us immediately. 22. CONVERSION TO TERM LOAN, We retain the right to convert all or any pan of the outstanding indebtedness under this account into an amortizing term loan, with or without cause, upon providing sixty (60) days prior written notice to you (the 'Conversion Notice-), 1f we exercise this ri ot 11, we will compute a new monthly payment with respect to the pan of the account so convened (the "Term Loan Portftn"!, and you will be aaddvised of atreh new month mmt with nPspect to the Term Lnan Portion in the Conversion Notice. Monthly pamcnrs ter the Term Loan Portion following the Conversion shall be based upon an amortization eon period specified in the Conversion Notice (theY "Antoutization Period*). amortq?e its on the Term Loan Portion shall he determined ninthly and shall be in the amounts deermined by us to be necessary to fully t1aft of mewling priticipa) hohmce of the account so converted over the then mrnaining Amortization Period at the a fective interest rate on the account as of the date the amount of such payouts is calculated by us. All out trandin$ principal and accrued inlerein will be due on the last day of the Amortization Period, Folkiwing the Conversion Notice, the Maximum Credit Limn of the account shall be reduced to the initial annum of the Tenn Lou Portion. You may not mbormw repaid amounts of the Tenn Loan Portion unless othenivisa Tenn Loan Portion and with our consent, the full amount of the account maybe minstated. All of the provisions of ibis AUpan payment to full of the Tema Lean Portion except to the extent inconsisteal with this paragraph. greeme it shall apply to the 23. OUR LIABILITY. We have no responsibility for failure of any machine, merchant or other party to honor checks or any other means which we nay permit from time to time to be used to obtain a loan from this account. Our liability, if any, for wrongful dishonor of a check written on this account is limited to your actual damages. Dishonor for any reason as provided under the terms of this Agreement is not wrongf d dishonor. 24. POST-DATED, STALE DATED, STOP PAYMENT AND CERTIFICATION OF CHECKS. Procedures and laws sppliabfc to lon4mcd, stale dated, and stop payroent of checks in connection with transactions on regular business cheeki accounts shall Agreement, Yo=a not to issue poal.deted chocks. You may inn a c ni apply it checks under this top numlmcv, et amnnnt (do!(an and ernes) of the chkit any brastehofi et older on s check by providing cep with (nfonttstkttt on the date, Bank, Cerpatra?liied Customer Assistance, 2730 l i by not he liable n pat the following sddn'sq PNC fete, incorrect in an detail or is not provided Y to A us in o venue' time Pitts and Pittsburgh, PA 1 manner 5222. which aWe will l not to reasonable for paying s y to act upon We is "certi " a chock on this account, ffords us a reasonab opportunity to act upon it. We will not 25. AMENDMENT OF AGREEMENT. We may amend this Agreement from time to time, in any respect, by giving you written notice where required by law, Such amendments will apply to outstanding balances and new loans except as otherwise indicated in the written notice. If you do not agree to be bound by the tams oCaay amendment, you most notify us of your elation to terminate the account putsuam to Section 20 of these Terns and Conditions within thirty (30) days of the date we sent you our notice of the amendment. 26. YOUR RESPONSIBILITIES TO US, If more than one person is identified as Borrower, each and all of you am equally responsible, individually and together, to us for payment in full of this account. If we extend credit to you by posting any advance to yriur account prior to receiving written noble of your death or incapacity, such transaction shall be a valid and binding obligation of your estate and Upon your heirs and persona mpteserttativet. 27. REMEDIES CUMULATIVE. Our remedies under this Agmanent shall be cumulative and ant alterslive 28. DELAY IN ENFORCEMENT. We can delay in cnforring any of nun rights under this Agmemenl without losing them, Any waiver by us of any pravisioa of Ibis Agreement will not be a waiver of the same or any other provision on any other occasion. 29. ASSIGNMENT. You may not assign or otherwise transfer your rights and privileges under this Agreement, or delegate your obligations to tt?sy1amotim you owe us. Any attempt by you to assign or del gate will be void and of no efl'ecn. We may assign any and ail of our rights under gmemert at anytime without your consent A paten(s) to whom we asst n this A rrcment shall be entitled to all of our rights Under this Agreement Nome of your rights cr obligations shall be effected by such assignment. g 30. REPLACEMENT OF PR)OR AGREEMENTS. This Agmcmcm replaces all earlier agreements and governs all balances on this account. including balances carried ova onto this account fiom any print account, just as if it had been in effect before the first advance from this account. (Page 7 of 13) 31- GOVERNING LAW AND CONSTRUCTION; JURISDICTION. This Agnxment bas been dolivcmd to and accepted by us and will be deemed to be trade in the State where our ofte indicated on the firstpage of this A?recment is located. Regardka of the State o/ nd residence, you agree that this Agnoeneent will be irttrpretal, and the rights and liabilities of the parties determined, in aecordasce with, the laws Of the State wham our otTice indicated em the titst page of this Agreement is located, excluding iu eontiictof saws rooflesfi. You cared on the consent to the exclusive jurisdiction of any state or federal awn Iocatod for the county or judicial diarict where rce ouic,mv o first page of this Agreement is fixated. and cannot that all service of process may be sent by national overnight courier service directed to you at your address set forth on the rim page of ibis Agreement and service sn made will be doom doon be completed on the business day sfler deposit with such courier, provided that nothing contained in this Agreement will prevent to from bringing any action, enforcing any award or judgment or exercising any rights against you indsvidwlly. against any security or against any of your limpeny within an other other foreign or domestic4urisdiction. You acknowledge and agnx that the venue provided in this paragraph is the most convrn gnumfo or both you and us. You waive any objection to venue and any objection based nn a more convenient forum in any action instituted under this Agreement. 32. SEVERABILITY. If any provision of this Agreement is held to be invalid or unenforceable, such determination shall not affect the validity or enforceability of the remaining provisions orthis Agreement. 33. GENERAL PROVISIONS. To the Meal exam allowed by law, you and any ether person who guosntees or is otherwise liable for this account waive any applicable statute of linrimfietn, presermtment, demand far payment, protest and notiu of disdrortor. tJpnn any change of this A`reanent, sad anlnrs otherwise exprettly aasto d in writing, mx, pasty ablignted nn this accnum, diroctly rim es a gsarimror, shall be relased fmm IissMMiity. We nary renew or extend (rcpwtedly and fi>, airy length of timc? this account or retests any piny or guarantor or Collateral; or impair, nor a to,la? ? or ptxfat ovr security interest in any untlnteral; and take airy other action donned rsecessary by us without the eonseut of, or nyone We may msdilj this as tnrM without the consent of, ar nMice to, anyone other than the party sub whom the modification is made. Aay rmotice to us which is (Page 8 of .13) Q PNC"BANG BUSINESS BANKING LINE OF CREDIT AGREEMENT ADDITIONAL TERMS Borrower: VILLAGE CRAFT CONTRACT FURNISHINGS LP 191 ANACONDA DR PENNSYLVANIA FURNACE, PA 16865 Bank: PNC Bank, National Association 4242 Carlisle Pike Camp Hill, PA 17001 Introductory Rate. 8.0% Billing Cycle: 12 Dear VILLAGE CRAFT CONTRACT FURNISHINGS LP, Congratulations! We are delighted that you have chosen to obtain a line of credit from PNC Bank. To drank you for your business, the special terms indicated below apply to your unsecured line of credit. The provisions of these Additional Terms shall supersede any inconsistent provisions of the enclosed Business Banking Line of Credit Agreement (the "Agreement") so long as you remain a PNC Bank Business Checking customer and shall be deemed to be an Amendment to the Agreement issued in accordance with Section 25 of the Agreement. Thank you for your business. I . DEFINITIONS AND TERMS USED. Unless otherwise specified, any initially capitalized terms used herein without definition shall have the meanings assigned to those teens in the Agreement. 2. INTRODUCTORY INTEREST RATE. Interest on the balance of the Amount Financed outstanding from time to time shall be computed on a 3651360 basis m the introductory Rate indicated above for the number of full Introductory Billing Cycles indicated above. 3. TERMINATION OF INTRODUCTORY INTEREST RATE. If the number of full Introductory Rate Billing Cycles indicated above have been completed, interest on the balance of the Amount Financed outstanding from time to time shall be computed in accordance with Section 9 of the Agreement. 4. WAIVER OF ANNUAL FEE. During the first year of the Agreement, the Annual Fee specified on the first page of the Agreement shall be waived. If you do not maintain your primary deposit account with us pursuant to Paragraph 12 of the Agreement, the Bank may, at its sole discretion, charge a pro-rated Annual Fee to your account for the remainder of the first year of the Agreement. IN THE COURT OF COMMON PLEAS OF CENTRE COUNTY, PENNSYLVANIA PNC BANK, NATIONAL ASSOCIATION, ) CIVIL DIVISION Plaintiff, } NO. VS. } VILLAGE CRAFT CONTRACT ) FURNISHINGS LP and ) JERRY TROLINGER, ) Defendants. ) CONFESSION OF JUDGMENT Pursuant to the authority granted in the Warrant of Attorney contained in the Note, the undersigned attomey hereby appears for Defendants and confesses judgment in favor of Plaintiff, PNC BANK, NATIONAL ASSOCIATION, and against Defendants, jointly and severally, as follows: Principal Debt $ 74,188.90 Interest through 12/21/07 3,511.35 Late charges 354.65 Attomey's Commission 7,770.02 Total $ 85 Std a2 By: Donna M. Donaher, Esquire Attorney for PNC Bank, National Association IN THE COURT OF COMMON PLEAS OF CENTRE COUNTY, PENNSYLVANIA PNC BANK, NATIONAL ASSOCIATION, ) CIVIL DIVISION Plaintiff, ) NO. VS. ) VILLAGE CRAFT CONTRACT ) FURNISHINGS LP and JERRY TROLINGER, ) 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, Village Craft Contract Furnishings LP, is: 191 Anaconda Drive Pennsylvania Furnace, PA 16865 and that the last known address of Defendant, Jerry Trolinger, is: 2551 Spring Road Carlisle, PA 17013 By: Donna M. Donaher, Esquire Attorney for PNC Bank, National Association IN THE COURT OF COMMON PLEAS OF CENTRE COUNTY, PENNSYLVANIA PNC BANK, NATIONAL ASSOCIATION, Plaintiff, CIVIL DIVISION NO. vs. VILLAGE CRAFT CONTRACT FURNISHINGS LP and JERRY TROLINGER, Defendants. TO: Village Craft Contract Furnishings LP 191 Anaconda Drive Pennsylvania Furnace, PA 16865 NOTICE OF ENTRY OF JUDGMENT Please take notice that on _, l/ , 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 $85,824.92, plus costs. Pro honotary, Centre County IN THE COURT OF COMMON PLEAS OF CENTRE COUNTY, PENNSYLVANIA PNC BANK, NATIONAL ASSOCIATION, Plaintiff, CIVIL DIVISION NO. vs. VILLAGE CRAFT CONTRACT FURNISHINGS LP and JERRY TROLINGER, Defendants. TO: Jerry Trolinger 2551 Spring Road Carlisle, PA 17013 NOTICE OF ENTRY OF JUDGMENT Please take notice that on _ (ZO' a , 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 $85,824.92, plus costs. r c Prothonotary, Centre County 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 day of 2 2008. Notafy Public 7CS7PL: H OF PEN NSYL MllA i W SM &dW , as KtWY ?wic EO'ot COL 31 WwW County ,2000 BAN!( FlN:31S228-1 999999 999999 Ma'. 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:315228-1 999999-999999 IN THE COURT OF COMMON PLEAS OF CENTRE COUNTY, PENNSYLVANIA PNC BANK, NATIONAL ASSOCIATION, ) Plaintiff, ) VS. ) VILLAGE CRAFT CONTRACT ) FURNISHINGS LP and ) JERRY TROLINGER, ) Defendants. ) CIVIL DIVISION NO. a0 s • -5-6 -5- AFFIDAVIT AFFIDAVIT I, Damella Ganaway, Attorney Relations Manager, PNC Bank, National Association, hereby certify that the facts set forth in the foregoing Complaint in Confession of Judgment are true and correct to the best of my knowledge, information and belief; that the Exhibits attached to the Complaint in Confession of Judgment are true and correct copies of the originals; and that the Borrower is in default under the Notes (as those are defined in the Complaint); that the underlying transactions giving rise to this action are commercial in nature and are not consumer credit transactions against a natural person; and that I am authorized to make this Affidavit. PNC Bank, National Association By: Attorney Relations Sworn to and subscribed before me this day of XN/(A T , 2007. Notary Public My commission expires:// 4- LD ra" _ MrAk0"" Wc011b' a ??• ??alManla AitOOlaHo? 1?Na BANK FIN:315235-1 999999-999999 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-C5 '0a By: Attorney Relations Manager ?, o w Co r? C-, rl =V r„ ??S IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PNC BANK, NATIONAL ASSOCIATION, Plaintiff, CIVIL DIVISION NO. vs. VILLAGE CRAFT CONTRACT FURNISHINGS LP and JERRY TROLINGER, Defendants NOTICE OF JUDGMENT TO: Village Craft Contract Furnishings LP 191 Anaconda Drive Pennsylvania Furnace, PA 16865 You are hereby notified that a judgment has been entered against you in the above- captioned matter on 2008, in the amount of $85,824.92, plus interest from February 11, 2008 and costs of suit. C berland Coun am`o tary IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PNC BANK, NATIONAL ASSOCIATION, ) CIVIL DIVISION Plaintiff, NO. vs. VILLAGE CRAFT CONTRACT FURNISHINGS LP and JERRY TROLINGER, Defendants. NOTICE OF JUDGMENT TO: Jerry Trolinger 2551 Spring Road Carlisle, PA 17013 You are hereby notified that a judgment has been entered against you in the above- captioned matter on , 2008, in the amount of $85,824.92, plus interest from - #g February 11, 2008 and costs of suit. dle7/74?w Cum land Con o tary BANK FIN:329846-1 000011-134771 ?i IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PNC BANK, NATIONAL ASSOCIATION, CIVIL DIVISION Plaintiff, NO. 08-4312 Civil Term vs. VILLAGE CRAFT CONTRACT FURNISHINGS LP and JERRY TROLINGER, Defendants. PRAECIPE TO VACATE JUDGMENT AS TO JERRY TROLINGER, ONLY Filed on behalf of Plaintiff, PNC Bank, National Association Counsel of Record for This Party: Donna M. Donaher, Esquire Pa. I . D. #53165 TUCKER ARENSBERG, P.C. Firm #287 1500 One PPG Place Pittsburgh, PA 15222 (412) 566-1212 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PNC BANK, NATIONAL ASSOCIATION, Plaintiff, CIVIL DIVISION NO. 08-4312 Civil Term vs. VILLAGE CRAFT CONTRACT FURNISHINGS LP and JERRY TROLINGER, Defendants. PRAECIPE TO VACATE JUDGMENT AS TO JERRY TROLINGER, ONLY TO: PROTHONOTARY OF CUMBERLAND COUNTY Kindly vacate the judgment entered in favor of PNC Bank, National Association and against the Defendants, Jerry Trolinger, in the above-referenced case. TUCKER ARENSBERG, P.C. BY Donna M. Donaher, Esquire 1500 One PPG Place Pittsburgh, PA 15222 (412) 566-1212 Attorneys for Plaintiff Sworn to and subs ribed before me thisday of 2008. COMMONWEALTH OF PENNSYLVANIA BANK :330804-1 000011-134771 Melissa Notaridl SNoottaN Public Y, City Of Pitt Wrgh, Allegheny County My Commission Expires Oct 31, 2009 Member, Pennsylvania Association of Notaries 8 cr . - i , cz FTI