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HomeMy WebLinkAbout08-6666IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PNC BANK, NATIONAL ASSOCIATION, Plaintiff, VS. ROSEHILL FARM GREENHOUSES INC. and DENNIS J. DERR, Defendants. CIVIL DIVISION NO. 0$ - C,dJW a-m(Terw- CONFESSION OF JUDGMENT Pursuant to the authority granted in the Warrant of Attorney contained in the Note, 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: Principal Debt $ 17,404.73 Interest through 9/19/08 1,207.35 Late charges 264.19 Attorney's Commission 1,861.21 Total $ 20.737.48 By: Don . Donaher, Esquire Attorney for PNC Bank, National Association IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PNC BANK, NATIONAL ASSOCIATION, CIVIL DIVISION Plaintiff, NO. 6 ?- ? ? b 6 C 14 um vs. ROSEHILL FARM GREENHOUSES INC. and DENNIS J. DERR, Defendants. COMPLAINT IN CONFESSION OF JUDGMENT Filed on behalf of Plaintiff, PNC Bank, National Association Counsel of Record for This Party: Donna M. Donaher, Esquire Pa. I . D. #53165 TUCKER ARENSBERG, P.C. Firm #287 1500 One PPG Place Pittsburgh, PA 15222 (412) 566-1212 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PNC BANK, NATIONAL ASSOCIATION, Plaintiff, CIVIL DIVISION NO. 0F?- G? 6? (-%Ji I q err^ vs. ROSEHILL FARM GREENHOUSES INC and DENNIS J. DERR, 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 Rosehill Farm Greenhouses Inc., whose last known address is 900 Limekiln Road, New Cumberland, PA 17070. 3. Defendant is also, Dennis J. Den-, whose last known address is 510 Poplar Avenue, New Cumberland, PA 19070. 4. On November 25, 2005, 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". 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 November 28, 2005, the Plaintiff did notify the Defendants that a business line of credit in the amount of $25,000.00 would be extended. 7. On or about November 28, 2005, 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 $ 17,404.73 Interest through 9/19/08 1,207.35 Late charges 264.19 Attorney's Commission 1.861.21 Total $--2M7.48 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, Rosehill Farm Greenhouses Inc. and Dennis J. Derr, jointly and severally, as authorized in the Warrant of Attorney contained in the Note, in the sum of $20,737.48, 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- 1. Applicant. 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 endorsed 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 fees, 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 lndividualls identified in this application. 2. Information Sharine. 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-BNKG (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). PCBBC022 Application-PA-05-13-05 EXHIBIT . K, 3. Terms and Conditions. If this application is for. (a) a Choice Credit' for Business Line; (b) a Choice Credit" for Business Tenn Loan; or (c) 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 Credits' for Business Line; (b) a Choice Credits"' 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. Guaranty. 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 guaranteeg 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 Guarantors 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 Guarantots 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-05-13-05 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 attomeys' 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 lava 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 $1,000, 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 oil 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-05-13-05 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-05-13-05 ;cage 1_2 of 12? r Agreement Signatures Borrower(s): 1 Borrower(s): d l 1 ?1 rr? (ma c ?f? ?1 ??. t SP?g c- (Name of Corporation, Partnership or Otha Baity, if applicable) NOTES: • If Borrower is a corporation, any required officer(s) must sign If borrower is a partnerships all general partners must sign I • 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 officer(s)/partner(s)/member(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 Bank), all necessary action to authorize the execution and delivery of this Application and such agreements has been property taken, 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 ignature gnature ame and Title t)? l ame and Title (please print) n1 ate ate Guarantor(sI (An owners and principak of the Bonowa(s) must sign as guarantors) ture only, no titl ignature (Name only, no title) e (No title, p pant} Pm ame (No title, please print) 1 I _ 21^' _ 0IN ate PCBBC022 Application-PA-05-13-05 Page 2 or 1;e) 0- P1VCBAM BUSINESS BANKING LINE OF CREDIT AGREEMENT Borrower: Rosehill Farm Greenhouses Inc 510 Poplar Avenue New Cumberland, PA 17070 State of Organization: Pennsylvania Borrower's Tradenames or Tradestyles: Other Locations of Borrower's Business: ® Waived for first year ? Sole Proprietorship ? General Partnership ® Corporation ? Subchapter S Corporation ? Limited Liability ? Business Individual Bank: PNC Bank, National Association 4242 Carlisle Pike Camp Hill, PA 17001 Maximum Credit: $25,000.00 Annual Fee: $175.00 Initial Index: 6.75% Margin: 4.00% Initial Rate: 10.75% Date of Loan: November 28, 200: Borrower's form of organization: ? Limited Partnership ? Non-Profit Corporation E EXHIBIT 4f?? BUSINESS BANKING LINE OF CREDIT AGREEMENT TERMS AND CONDITIONS We am pleased to have you as a customer and to provide you with a copy of these tarns and conditions (the "Terms and Conditions") governing the line of credit ("Line") provided to you by us. These Terms and Conditions are an important part of your Business Banking Line of Credit Agreement. A supply of checks to enable you to begin using your account will be mailed to you shortly. Phase read these Tetras and Conditions carefully. Your use or acceptance of any Line proceeds will be doomed evidence of your agreement to these Terms and Conditions. DEFINITIONS. In this Agreement, the following definitions apply: "Agreement" 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" means the individual(s) or entity(its) 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 Borrower. "Billing Cycle" means the interval between the dates on which monthly statements arc prepared. "Expiration Date" shall be the date which is one year from the Date of Loan shown on the first page of this Agreement, or such later date as may be designated by written notice from us to you. *Maximum Credit Limit" or "Maximum Credit" means the total dollar amount of credit available to you from time to time, the initial amount of which is identified on the first page of this Agreement. "Payment 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 discretion. "Termination" mans that you will no longer be able to obtain loans or any extension of credit on this account. Termination affects the accent permanently. 2. GENERAL DESCRIPTION OF THE ACCOUNT. This account is a revolving line account, sometimes called a line of credit. It is intended to be used only for business purposes. You represent that it will not be used primarily for personal, family, or household purposes. You may obtain loans on this account in the ways described in the "Account Privilefes" section of this Agreement up to the Maxinwrn Credit Limit until this account is terminated. Interco will be charged on the outstanding principal balance at a rate that may change from time to time. Each new rate will apply to the outstanding balance on your account and all new borrowings until the rate changes again. 3. AUTHORIZED SIGNERS. In the A ocinctt, you we to designate the person(s) who am authorized 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 endorsement of any other Borrower. Any one of the authorized signers may act alone. If more than one name is identified as Borrower, each individual Borrower named 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 endorsement of any other Borrower. We may honor drafts drawn by an authorized signer even if the drafts are made payable to the signer, to ash, or for deposits to the authorized signer's personal account. We have no duty to investigate or question the application of Line funds. We may refuse to honor drafts or requests for funds if we are uncertain as to anyone'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 son-cone else to use your account constitutes your agreement with us to be bound by this Agreement. 5. ACCOUNT PRIVILEGES. We have established this account for you with a Maximum Credit Limit in the amount set forth on the first page of this A?reentent which may change from time to time and which will appar on your monthly billing statement. You may use this credit to obtain loans from tome to time until the Expiration Date by writing checks given by us to you for that special putpox in amounts of not less than S 1,000.00 or by using other methods which we may pen .L You may not use is account to Crake payments on ehts or any other PNC Bank account. You may continue to obtain loans until this account is terrninatcd or the Expiration Date, whiclwver is earlier. You authorize cos to charge this account for all checks you write on this account, for loans you hake and for interest and any after amounts which you agree in this Agneemat to pay. If you lose the checks which were given to you to obtain loans from this account, or someone has obtained them without your pertnia you must tell us immediately. You acknowledge and agree that in no event will we be under any obligation to extend or renew sthi account beyond the initial Expiration Date. 'Pace A We agree to pay checks which ate dated, drawn and issued on this account by you prior to the earlier of the termination of this account or the Expiration Date. We are not obligated to pay cheeks that caws your balance to exceed your Maximum Credit Limit We are not obligated to pay any checks dated, drawn or issued by you or received by us after this account is terminated, if your balance exceeds your Maximum Credit Limit, or if your checks have been reported lost or stolen. You agree that the only checks that you will write to make loans from the account will be those issued by us for that special purpose. 6. OVERDRAFT PROTECTION. If you elect Overdraft Protection for this account, we will make a deposit to the business checking account with us designated by you whenever a withdrawal is made from that checking account, either by writing a check Ban the checking account or in some other way, in an amount which is more money than the balance in that checking account The amount which we will deposit will be the amount by which the withdrawal exceeds the balance in the checking amount, rounded up to the next whole 51.00; however, the amount which we will deposit will not Inc less thin S50A0. V IC will charge the amount of the deposit as a lwn from this account We do not have to make a deposit to the checking account if a deposit will awe the balance of this account to exceed the Maximum Credit Limit or would violate this Agmenncttt. Checking account checks which arc returned will be subject to our regular overdraft charges. 7. YOU AGREE. not to write checks fo lac than 51,000.00; to repay all amounts advanced hereunder together with interest as provided in this Agreement; not to take 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 time in the future; to immediately ppaay the amount of any loam in excess of? Maximum Credit Limit; to give us such financial statettents as we may request from time to time; to pay us cats of collection, including cant costs and reasonable legal fees and expenses allowed by law, if we refer your account to an attorney for collection; not to give us fain information at signatures at any time or let anyone who is not a Borrower use this account; to pay a Late Charge, as provided in this Agreemernt, for each month any payment is not made within fifteen (15) days of its Payment Due Date; and to honor any and all other promises that you make in this Agreement. 8. SECURITY INTEREST. Money on deposit with us and property held by us secure loans made under this Agreement; collateral securing other obligations to us may also sown loans under this Agreement 9. INTEREST. The interim rate on the Line is subject to change from time to time based on changes in an indepatdent index which will be the highest Prime Rate published in the "Money Rates" section of The Wall Shea Journal for the last day of the preceding calendar month which is reported (the "Index'). The Index is not necessarily the lowest rate we charge on our loans. If the Index becomes tmav nibble during the term of this amount, we nay designate a substitute index after notifying you. We will tell you the current Index rate upon your request. You understand that we may provide lines of credit and loans based on other rata as well. The inkiest rate change will not occur more often ohm each month. The Index for a Billing Cycle is determined on the first day of that cycle based on the Index for the IM day of the preceding calendar month which is reported. The current Index is set forth on the first page of this Agreement The interest rate to be applied to the unpaid principal balance of this account is determined by adding a number of percentage points (the "Margin") to the Index. This Margin is see forth on the first page of this Agreement, as is the initial interest rate for the account (the Index rate plus the Margin). Interest on the principal balance of loans outstanding on this account is computed on a 365/360 simple interest basis; that is, by applying the ratio of the annual interest rue 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. Under no circumstances will the interest rate on this amount be more than the maximum rate allowed by applicable law. 10. MONTHLY INTEREST PAYMENTS. You agree to pay the accrued and unpaid interest on this account each month on the Payment Due Date. Your payments must be sent to us at the address shown above or at such alter place as we may designate in writing. Unless otherwise agreed in writing or required by applicable law, payments will be applied first to any accrued unpaid interest, then to principal, and any remaining amount to any unpaid collection costs and any late charges. 11. LATE CHARGES. If you fall to pay us the payment due by the payment due date reflected on your monthly statement, we may charge you a Late Charge of $100 or 5% of the amount past due, whichever is his. 12. AUTOMATIC PAYMENT; DEPOSITORY; INCREASE OF MARGIN. You agree to establish and maintain a business checking amount with us during the term of this Agreement which shat] be your primary depository account You authorize us to deduct your monthly payments on the account from the checking account automatically. If time are iauffeiern collected aid available funds in the checking account, we will not be required to advance funds to cover the payment. We reserve the right to terminate the automatic payment service at any time, with or without cause. If you revoke your authorization for us to automatically deduct your monthly payments on the account fromtle checking account any mason whatsoever or fail to maintain a checking account with us which may be charged, we nay, at our option, upon thirty (30) days notice to you, increase the interest rate Margin act forth on the first page of this Agreement by up to 0.25 percentage points (0.25%). If you fail to establish and maintain your primary depository account with us, we may, at our option, upon thirty (30) days notice to you, increase the interest rate Margin rat forth an the first page of this Agtecr=t 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 arc hereby reserved, and shall not constitute a waiver, release or limitation upon our exercise of any such rights or remedies. 13. PREPAYMENT. You may pay without penalty all or any portion of the amount owed earlier than it is due. Early payments will not relieve you of your obligation to continue to make payments of accrued unpaid interest. Rather, they will reduce the principal balance due. 14. MONTHLY STATEMENTS AND CHECKS. We will send you a monthly statement for each billing cycle in which activity is posted to this account or if there is a debit or credit balance of inure than 51.00 or for any billing cycle in which we impose interest. The statement will show advances made, the amount due for accrued unpaid interest, payments made and the balance which you owe. All payments mast be received by us in U.S. dollars at the rcmittanec address disclosed on your monthly billing statement Any subsidiary or affiliate of ours may act as your agent in receiving payments on this account. Unless you notify of us in writing of errors in the statement within sixty (60) days from the date it is mallod, the statement shall be considered correct and accepted by you. We need not mail you a statement if we deem this account uncoilectable or if delinquencycollection proceedings have been started by us. If there is more than one Borrower, each agrees that if the statement is sent to and accepted by any of you, it shall be considered correct as to and accepted by all of you. We shall retain all checks drawn on this account 15. CREDIT REVIEW. By accepting this account, you authorize us to check your credit and employment history and to answer any questions about our experience with you. You also authorize us to obtain from and exchange information with our affiliates and correspondents. Information from credit bureaus was obtained with respect to this account. If you ask, we will tell you whether or not a consumer credit report was requested from a credit bureau and the name and address of the credit bureau(s) that provided the consumer credit report At our option, we may obtain updated credit bureau repims and income verifications on you as is reasonably necessary to protect our interests. 16. CUSTOMER INFORMATION. You understand that we share transaction information with PNC Bank affiliates and with any third party that performs services for us in connection with this account or to whom this account may be transferred. We may also share other information you or a third parry may provide. if you do not want us to sham personal, nontrmtsaction information with PNC Bank affiluttes, please write us at PNC Bank, P. O. Box 96066, Pittsburgh, Pennsylvania 15226. Be sure to include your name, address, account number(s) or Social Socurity/EIN number (s). 17. DEFAULT. You will be in default if any of the following happens: a) if you fail to pay any payment when it is due; b) If you fail to pay us the amount of any advances in excess of the Maximum Credit Limit within ten (10) days after we mail a notice to you demanding the money. c) If you use the proceeds of loans from this account for a purple not permitted under this Agreement; d) If you or any guarantor fail to provide us with an updated financial statement upon our request; e) if you die, we put in jail, or if & court with proper jurisdiction to do so finds that you are incapacitated; 1) If you make an assignment for the benefit of creditors, if you are or become insolvent, if a receiver is appointed for any part of your property, or if bankruptcy or receivership proceedings are filed by or against you; g) If anyone fits a lawsuit or gets a judgment against you, or attaches or levies on any property of yours; h) If you do not notify us within ten days of any change in your address; i) If you have made any untrue statements or have provided us with false information or signatures at any time; j) If you fail to keep any promise or perform any duty in this Agreement or any other loan or agreement with us; k) If you default under any loan, extension of credit, security afire mmut, purchase or asks agreement, or any other agreement, in favor of amy other credit or person that may materially affect any of your property or your ability to repay this account or perform your obligation under this Agreement; 1) If atry croditor tries to take any of your property on or in which we have a lien or security interest (this includes a gamishmrnt of any of your accounts with us); m) If you fail to establish and maintain your primary deposit account with us; n) If a material adverse change occurs in your financial condition, or we believe the prospect of payment or performance of the account is impaired; o) If any of the events described in this default section occurs with respect to any guarantor of this account; p) If any guarantor seeks, claims or otherwise attempts to limit, modify, revoke such guarantor's guaranty of this account or any other loan with us; or q) If we, in good faith, deem ourselves insecure. 18. OUR RIGHTS UPON DEFAULT. If a default occurs, we will have no further duty to pay checks or make advances from this account 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 make advances after default, you agree that we may charge those loan to this account If any event described in Sections 17(f), (g) or (h) happens, all amounts which you owe us under this Agreement shall be immediately due and payable without prior notice to you, or right to cum, except as required by law. If any other event specified in Section l7 occws, all amounts which you owe us under this Agreement shat] !>c due and payable irrvrred', at our option, without prior rwtice ro you, or right ro cum, except as required bx law. The other provisions of this Agmerrretit will coritiniie ro apply ro this accau?t if we get a judgment alter defwit and/or you am a debtor in an action flied by or against you undo the Bankruptcy Code, unless prohibited by applicable law the rates applicable m this acwwit wtl] continue to apply to the babnces on this crescent A default utider this Agmematt is a default under every other .to, loan agreement or security agreement that you have with us. Upon default, if we declare the entire outstanding principal, unpaid interest and cliaryes on your account immediately due and payable, you must pay that amount immediately. Upon your default, we may increase the interest Margin up to five percent points (5%) over the variable interest rate on this account, if allowed by law. We may hire or pay someone else ro help us collect this account if you fnl to yin aceordanct with this Agreement You agree to pay our collection costs (including, without limitation, the cost of h house attomeys and slat!), w?y ornot we him anyone else to help us collect this account. This includes, subject to any limits under appliabk law, our 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 say or injunction), appeals and any anticipated post judgment collection services. In addition to all other sums provided by law, you will also pay any court costs if not prohibited by applicable law. 19. FEES. Your account is subject to the Annual Fee described on the first page of this Agmement. Ile Annual Foe 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 are not in default by: (i) mining or delivering a written notice to us that you arc terminating this account; (ii) paying us the outstanding principal balance of the account, the accrued and unpaid interest on the balance, and all other amotnuts due in accordance with the umu of this Agrcement; said (ii) immediately returning all cheeb and other credit access devices, if applicable, which are our property and that were provided to you to access your mock mt. You will continue to be liable for any advances made pursuant to unretumed checks. Any use of checks after the account is terminated may be considered fraudulent- 21. TERMINATION BY US. Upon sixty (60) days prior written notice to you, we may unrrinate this account, with or without cause, and demand full payment of the outsandirtee principal balance of the account, the accrued and unpaid interest on the balance, and all other arnotmts due in accordance with the terms of tails Agroemcnl. IN= our notice provides otherwise, we will have no fiutlher obligation b make any new loans to you. Termination under this paragraph will not affect any checks which comply with this Agreement and which were written and issued by you before the date on the termination notice or any other loans made under this Agreement before the date on the termination notice. If we choose, at our sole option, to pay checks or nape advances after we have terminated this account, you agree duet we may charge those loans to this accourht. After termninabon, the checks and other credit access devices, if applicable, which are our property and that were provided to you to access your account must be returned to us inanediately. 22. CONVERSION TO TERM LOAN. We retain the right to convert all or any part of the outstanding indebtedness under this account into an amortizing term loan, with or without cause, upon providmg sixty (60) days prior written notice to you (the "Conversion Notice"). If we exercise this n44ht, we will t arrnpute a new monnthly payment with respect to the part of the account so converted (the "Term Loan Portion"), and your will be advised of such new monthly p.ymem wrath rarest to the Ttxrrt Loan Portion in the Conversion Notice. Monthly payments on the Term Loan Portion following the Conversion Notice skull be Msed upon an amortization period specified in the Conversion Notice (the "Amortization Period"). Subsequent payments on the Tern Loan PorBori shall be tleternrined monthly and shall be in the amounts determined by us to be necessary to fully amortize the then outstanding principal bahitee of the iuceounnt ao converted over the ten remaining Amortization Period at the effective interest rate on the account as of the date the amount of such paymhaht is caleultnd by us. Ali outstaaiding( principal and accrued interest will be due on the last day of the Amoniation Period. Following the Conversion Notice, the Maximum Credit Limit of the account shall be reduced to the initial amount of the Term Loan Portion. You tray not rebom m repaid amounts of the Term Loan Portion unless otherwise s" by its. Upon payment in toll of the Term Loan Portion and with our consent, the full amount of the account may be reinstated. All of the provisions of this Agreement shall apply to the Term Loan Portion except to the extent inconsistent with this paragraph. 23. OUR LIABILITY. We have no responsibility for failure of my machine, merchant or other penny to honor checks or any other means which we may permit from time to tithe to be used to obtain a loan from this account. Our liability, if any, for wrongful dishonor of s check written on this account is limited to your actual damages. Dishonor for any reason as provided under the tame of this Agmertent is not wrongful dishonor. 24. POST-DATED, STALE DATED, STOP PAYMENT AND CERTIFICATION OF CHECKS. Procedures and laws applicable to postdated, stale dated, and stop payment of checks in connection with transactions on regular business checking accounts scull apply to checks under this Agp=menL You agree tat to issue postdated checks. You may place a stop payment order on a check by providing us with information on the date, number, payee, and exact amount (dollars and cents) of the check at any branch office, or by calling or writing us at the folkmin address: PNC Bank, Centralized Customer Assistance, 2730 Liberty Avenue, Pittsburgh, PA 15222. We will not be liable for paying a check i your request is incomplete, incormet in any detail or is net provided to us in a time and manner which affords us a reasonable opportunity to set upon it. We will not "certify" a check on this account. 25. AMENDMENT OF AGREEMENT. We nay amend this Agreement from titans to time, in any respoct, by giving you written notice where required by law. Such amendments will apply to outstanding balsam and new loans excerpt as otherwise indicated in the written notice. If you do not agree to be bound by the tarry of any smandment, you must notify us of your election to terminate the account pursuant to Section 20 of these Tams and Conditions within thirty (30) days of the date we seam you our notice of the amendment. 26. YOUR RESPONSiBIL1TIES TO US. If more than one person is identified as Borrower, each and all of you are equally responsible, individually and together, to us for payment in full or this account. If we extend credit to you by posting any advance to your account prior to receiving written notice of your death or incapacity, such transaction shall be a valid and binding obligation of your estate and upon your heirs and personal representatives. 27. REMEDIES CUMULATIVE. Our remedies under this Agreement shall be cumulative and not alternative. 29. DELAY IN ENFORCEMENT. We can delay in enforcing any of our rights under this Agreement without losing them. Any waiver by us of any provision of this Agreement will not be a waiver of the same or any other provision on any other occasion. 29. ASSIGNMENT. You may not asstgr or otherwise transfer your rights and privileges under this Agreement, or delegate your obligations to repay amounts you own: us. Any attempt by you to assign or delegate will be void and of no effect. We may assign any and all of our rights under this Agreement at any time without your oxnsahL A person(s) to whom we assign this Agreement shall be entitled to an of our rights under this Agreetner t. None of your rights or obligations shall be effected by such assignment 30. REPLACEMENT OF PRIOR AGREEMENTS. This Agreement replaces all earlier ag meneats and governs all balances on this account, including balarnces carried over onto this account from any prior account, just as if it had been in effect before the first advance from this account. ,c.yc , -- --, 31. GOVERNING LAW AND CONSTRUCTION; JURISDICTION. This Agreement has been delivered to and accepted by us and will be deemed to be made in the State where our office indicated on the first page of this A.. ent is located. Regardless of the State of your residence, you agree that this Agreement will be interpreted, and the rights and liabilities of the parties determined, in accordance unth, the laws of the State where our office indicated on the rust page of this Agreement is located, excluding its conflict of laws rules. You irrevocably consent to the exclusive jurisdiction of any state or federal court located for the county or judicial district where our office indicated on the first page of this Agreement is located, and consent that all service of process may be sent by nationally recognized overnight courier service directed to you at your address set forth on the first page of this Agreement and service so made will be domed to be completed on the business day after deposit with such courier, provided that nothing contained in this Agreement will prevent us from bringing any action, enforcing any award or judgment or exercising any rights against you individually, against any security or againstany of your property within any other county, state or other foreign or domestic jurisdiction. You acknowledge and agree that the venue provided in this paragraph is the most convenient forum for both you and us. You waive any objection to venue and any objection based on 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 de?crrrrinstion shall not affect the validity or enforccability of the remaining provisions of this Agreement. 33. GENERAL PROVISIONS. To the fullest extent allowed by law, you and any tither person who guarantees or is otherwise liable for this account waive any applicable statute of limitations, presentment, demand for payment, protest and notice of dishonor. Upon any change of this Agreemierrt, and unless otherwise expressly stated in wrung, tw party obligated on this account, ditectty or as a guarantor, shall be released from liability. We may renew or extend (repeatedly end for any length of time) this account, or release any party or guarantor or collateral; or impair, faiI to realize upon or perfect our security inurest in any collateral; and take any other action deemed necessary by us without the cwaa?t of, or notice to, anyone. We may modify this account without the consent of, or notice to, anyone other than the party with wfiom the modification is made. Any notice to us which is 08` ot-Q& l ?'M 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. .? , '41'. - (f) The lien of the judgment or of any levy or attachment shall be preserved while the proceedings to strike off or open the judgment is pending. Rule 440. Service of Legal Papers other than Original Process (a) (1) Copies of all legal papers other than original process filed in an action or served upon any party to an action shall be served upon every other party to the action. Service shall be made (i) by handing or mailing a copy to or leaving a copy for each party at the address of the party's attorney of record endorsed on an appearance or prior pleading of the party, or at such other address as a party may agree, or Note: Such other address as a party may agree might include a mailbox in the Prothonotary's office or an e-mail address. For electronic service by means other than facsimile transmission, see Rule 205.4(g). (ii) by transmitting a copy by facsimile to the party's attorney of record as provided by subdivision (d). (2) (i) If there is no attorney of record, service shall be made by handing a copy to the party or by mailing a copy to or leaving a copy for the party at the address endorsed on an appearance or prior pleading or the residence or place of business of the party, or by transmitting a copy by facsimile as provided by subdivision (d). (ii) If such service cannot be made, service shall be made by leaving a copy at or mailing a copy to the last known address of the party to be served. Note: This rule applies to the service upon a party of all legal papers other than original process and includes, but is not limited to, all other pleadings as well as motions, petitions, answers thereto, rules, notices, interrogatories and answers thereto. Original process is served under Rule 400 et seq. (b) Service by mail of legal papers other than original process is complete upon mailing. (c) If service of legal papers other than original process is to be made by the sheriff, he shall notify by ordinary mail the party requesting service to be made that service has or has not been made upon a named party or person. BANK FIN:336343-1 000011-138113 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 her 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: ? 0 ' '2- 8 - ()b By: Attorney Relations Manager 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 subscrbed before me this 2-19"'-' day of Q4-Ob- f , 2008. Notary Public C%AM.'0NWEALTh OF PENNSYLVANIA Wj.. S,*ay, Notary Public C4 , OI Pittsburgh, Allegheny coup res oct. W, BANK FIN:336343-1 000011-138113 Rey commission Eacpi Member, Pennsylvania Association M Notanea ?' rv cD s r-- d ? t"?r IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PNC BANK, NATIONAL ASSOCIATION, Plaintiff, vs. ROSEHILL FARM GREENHOUSES INC. and DENNIS J. DERR, Defendants. my knowledge, information and belief. AFFIDAVIT OF NON-MILITARY SERVICE COMMONWEALTH OF PENNSYLVANIA ) SS. COUNTY OF ALLEGHENY ) Cjvi) (erm I, Darnella Ganaway, being duly sworn according to law, hereby depose and say that the Defendant is not a member of the military service of the United States of America to the best of Sworn and sub rued before me his day of GG? a: ZOOS. COMMONWEALTH OF PENNSYLVANIA My commission expires: 710 CIVIL DIVISION NO. p$ - (ol440 Attorney Relations Notarial Seal Gwendolyn Robleon, Notary Public Carnegie Born, Allegheny County My Commission E*m Nov. O, 2011 Otary Public Member, Pennsylvania Association of Notasiea BANK FIN:336346-1 000011-138113 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PNC BANK, NATIONAL ASSOCIATION, Plaintiff, CIVIL DIVISION NO. 088- 6610(P 0,1ya Ie A4 vs. ROSEHILL FARM GREENHOUSES INC. and DENNIS J. DERR, 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, Rosehill Farm Greenhouses Inc., is: 900 Limeklin Road New Cumberland, PA 17070 and that the last known address of Defendant, Dennis J. Derr, is: 510 Poplar Avenue New Cumberland, PA 17070 By: Donna M. Donaher, Esquire Attorney for PNC Bank, National Association 1 7 ?9 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PNC BANK, NATIONAL ASSOCIATION, Plaintiff, CIVIL DIVISION NO. p8 UtiiiW 0';"z1-Ters% vs. ROSEHILL FARM GREENHOUSES INC and DENNIS J. DERR, 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 Batik, Natiagal Association By: Sworn to and s s nbed before me this day of DC M? , 2008. Attorney Relations COMMONWEALTH OF PENNSYLVANIA Notarial Seal Gvmndo" Robison, Notary Public Carnegie Born, Alleghany County Notary Public My commission Exaira Nov. 9, 2011 My commission expires: Member, Pennsylvanls AswdOon of Notaries BANK FIN:336345-1 000011-138113 ? r_ ,.,..? ? r7 ??? ' _ ? ? .,,,? i I } ? "i:j?? tr n -_1? .? ... ?_? _ ;i Ana _ > (`" -_ ?ti.? r • t ?J {?I ?? ? °? ^^ ?N ti? "? IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PNC BANK, NATIONAL ASSOCIATION, Plaintiff, CIVIL DIVISION NO. 68 - W64 0,; V4, l lervt, vs. ROSEHILL FARM GREENHOUSES INC. and DENNIS J. DERR, Defendants TO: Rosehill Farm Greenhouses Inc. 900 Limekiln Road New Cumberland, PA 17070 NOTICE OF ENTRY OF JUDGMENT Please take notice that on ON 10 , 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 $20,737.48, plus costs. A/ lam. I?Irbthonotary, Cumberland ?Sbunty A'GQ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PNC BANK, NATIONAL ASSOCIATION, Plaintiff, CIVIL DIVISION NO. 08 - I'.o(e(g( o'-wit -rixK vs. ROSEHILL FARM GREENHOUSES INC and DENNIS J. DERR, Defendants. TO: Dennis J. Derr 510 Poplar Avenue New Cumberland, PA 17070 NOTICE OF ENTRY OF JUDGMENT Please take notice that on 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 $20,737.48, plus costs. c da-*1 I r thonotary, Cumberlan ounty pVj SHERIFF'S RETURN - REGULAR CASE NO: 2008-06666 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND PNC BANK NATIONAL ASSOCIATION VS ROSEHILL FARM GREENHOUSES INC NOAH CLINE , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within NOTICE was served upon DERR DENNIS J the DEFENDANT at 0927:00 HOURS, on the 17th day of January 2009 at 510 POPLAR AVE NEW CUMBERLAND, PA 17070 by handing to DENNIS J DERR a true and attested copy of NOTICE UNDER RULE 2958.1 OF JUDGMENT together with AND EXECUTION THEREON and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge So Answers: 18.00 15.30 ? .00 10.00 R. Thomas Kline .00 43.30 01/20/2009 TUCKER ARENSBERG Sworn and Subscibed to before me this day By ??. ? Deputy Sheriff of A. D. ? _ r? -_, ?? s_: _. ---? ?t ; ? ? ' .. ..i ? ? ? ? '^4 /