HomeMy WebLinkAbout09-6192k
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CITIZENS BANK OF PENNSYLVANIA,
Plaintiff,
vs.
SCOTT D. KINNEY,
Defendant.
TO DEFENDANTS:
You are hereby notified to plead to the enclosed
COMPLAINT WITHIN TWENTY (20) DAYS OF
FROM SERVICE HEREOF
1 HEREBY CERTIFY THAT THE ADDRESS OF
THE PLAINTIFF IS:
53 State Street
Boston, MA 02109
AND THE DEFENDANT IS:
222 Fox Dr.
Mechanicsburg, P
CIVIL DIVISION
NO.. ?? - ?ol Qo? 1. t u
TYPE OF PLEADING:
CIVIL ACTION-COMPLAINT IN
BREACH OF CONTRACT
FILED ON BEHALF OF PLAINTIFF;'
Citizens Bank of Pennsylvania
COUNSEL OF RECORD FOR THIS
PARTY:
Joseph A. Fidler, Esquire
Pa. I.D. #87325
GRENEN & BIRSIC, P.C.
One Gateway Center
Ninth Floor
Pittsburgh, PA 15222
(412) 281-7650
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CITIZENS BANK OF PENNSYLVANIA, CIVIL DIVISION
Plaintiff,
NO..
vs.
SCOTT D. KINNEY,
Defendant.
NOTICE TO DEFEND
You have been sued in court. If you wish to defend against the claims set forth in the
following pages, you must take action within twenty (20) days after this complaint and not a are
served, by entering a written appearance personally or by attorney and filing in writing wt h the
court your defenses or objections to the claims set forth against you. You are warned that ;iII you
fail to do so the case may proceed without you and a judgment may be entered against you y the
court without further notice for any money claimed in the complaint or for any other cla' or
relief requested by the plaintiff. You may lose money or property or other rights import nt to
you.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YO DO
NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW.
THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAW ER.
IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ?BLE
TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAYO FER
LEGAL SERVICES TO ELIGBLE PERSONS AT A REDUCED FEE OR NO FEE.
Cumberland County Bar Association
32 S. Bedford Street
Carlisle, PA 17013
(717) 249-3166 or Toll Free (800) 990-9108
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CITIZENS BANK OF PENNSYLVANIA, CIVIL DIVISION
Plaintiff, NO.: 09 G l 9dL C?4 7;41
vs.
SCOTT D. KINNEY,
Defendant.
COMPLAINT IN BREACH OF CONTRACT
AND NOW, comes Citizens Bank of Pennsylvania, by and through it's counsel, Orenen
& Birsic, P.C., and files this Complaint in Breach of Contract, and in support thereof avers as
follows:
1. The Plaintiff is Citizens Bank of Pennsylvania ("Plaintiff'), a state! I!bank
organized and existing under the laws of the Commonwealth of Pennsylvania, with an Iloffice
located at 53 State Street, Boston, MA 02109.
2. The Defendant is Scott D. Kinney ("Defendant"), an adult individual reeding
within the Commonwealth of Pennsylvania, whose last known address is 222 Fox Drive,
Mechanicsburg, PA 17050.
3. On or about April 26, 2006, Defendant executed and delivered to Plaint iff a
certain Personal Guaranty ("Guaranty"), whereby Defendant absolutely and unconditionally
promised to pay all of the obligations of Seven Brothers, LLC (`Borrower") to the PlaintA A
true and correct copy of said Guaranty is attached hereto, marked Exhibit "A" and made a' part
hereof.
4. On or about May 1, 2006, Plaintiff notified Borrower that Borrower was approved
for a business line of credit with a credit limit of $100,000.00, evidenced by the terms of a
certain Business Line of Credit Agreement. Copies of said Notification and Agreement are
marked as Exhibits "B" and "C" respectively, attached hereto and made a part hereof.
5. Borrower is in default under the terms of the Agreement, for failing to make
payments when due in accordance with the terms and conditions of the Agreement, as modified.
6. Defendant is in default under the terms and conditions of the Guaranty bas?d on
the occurrence of a default under the Agreement.
7. The Guaranty and Agreement have not been released, transferred or assigned
8. Any and all conditions precedent to payment to Plaintiff have been satisfied;
9. The amount due and owing to Plaintiff under aforesaid Agreement, and
consequently, the amount due and owing under the Guaranty is as follows:
Principal $99,948.73
Interest to 7/6/09 $ 1,391.11
Late Charges to 7/6/09 $ 244.37
TOTAL $101,584.21
WHEREFORE, Plaintiff demands judgment against Defendant for the sur I of
$101,584.21 with interest on the principal sum ($99,948.73) from July 6, 2009 at the interO rate
of $14.58 per diem, floating, together with late charges, costs and reasonable and actually
incurred attorney's fees.
Respectfully Submitted,
GRENEN
ra. I.D. #87325
Attorneys for Plaintiff
One Gateway Center
Ninth Floor
Pittsburgh, PA 15222
(412) 281-7650
EXHIBIT "A"
PPR 27 '06 11 26 FR CITIZENS aqW 717 766 8325 To 18773626625 P. 02/03
Cltix hk Business Credit 7-__ FWD" t U640 ?.•S.. NNry
Wench liar Wanrn. S.wIQ a.10 nranan I...
r MW. _ c'.r I+nav Z
T..r l../..;
ftwmw ft..
aprON.YI L00« NillO (YnOr rlYCfl lily. lil..? r :`.:n. Ir.. i GYi . r. >; • r',r. l..:::... r ... ..
iZ. inn
yrlwY rr+a wrt9...
r
I/ >w. Ino{rr. YNry11 n1111M:
r ,« ?NWt „?ir „M„r v ti^
Nyy/Mr, ? a 9
COPP$" AA/vsA.... riW1QN? K SnCal
Nln.
rl.w NmxfP r6lrne
(T?? O[.tl 1!f rN
`rtl r bdo
'OW TOM1Ai{AalO?TII!"y{A MTrpY .Ci-..l MlAeaudwyo1om N' ar f?..OYaM {r{IN s
oomy"
M IA YaY ^7+•lr.r...i.r
+w.J+rr..lrryw rrrnr rarwrl.wrwr.v?•y.r .+lril.rd wrL... w..r :.r... Tr.r.J....
•w•YMM....lrrn lqn lr..r.Nm TN... d..ss. TM tim..M.sa.w Axdl.rrl.p.lp nrarr.w stw waydyrrry.rJr.vrrrln dwarf .lW N.rw.:df .N. 6..rr
•M?'...IauY•Mr.w..rJ?.q.n.r M.r ldr?twbYr.?i Mub MM+lr...lr.yx..Yq.•.srw.:.r.....r.rhw'W'?ri v.. wry q.wr.r.r..y W,w.n++q•w^Inrr
'.YaIM...r. {...I... CN.l40PO M Vr.rq Orr.wNNlrhdr.CrllYwd-).v.rueG.aaM1.Ta Mr:rW w111..rurn:YLwwMN"I.•M..L :.rrri+rndr'..-. 'nl etl -:n new
Charrarnl dr h"sd'a WIrsNY +..Jr•....w..
rwr. W.rnr...l.. •..wr.L.rw?r:.rwdr. Ymr uJ..M.IM lw nrwwyM.f rdrrr.brrwd...wn.rr.:+.rv.1 Mri?. rbNr.I Frr.y w.r...•WY. aMerw.
WIr{... rrr WrN U.b.r.'Ir•wr.Ml.rlrrlt..tllr+q lr wbrLbmisrMNtln<O..r..M..lh• y.W. Nrr:wlmryl.. r.
Jw..r w.l..r r...n. Lq.r mr...nr ^prlyd...++.1 dw..Il nlnayma ltt nlNda.q.rrr+.rNlr n. Gadbi..r M sen?w.r'n wm M b a4w rrLp Mdin.Mn n.N rry
GrrlLw, p„Nd..w.?, CM.NL?•••~owwmyw llw pydy,...drar nwry...a.r. rnw.r.r v,. _?°°tl"r^°?'arrLw.rrrra
Mrn.r.JYY.r.yyry^u'•N.aM.r.r lil. bxrd,.W....r..•:,...J..r. Nr•wnll OtasW.allr 4rr..q:' N.Igl IrlM/
'b'•r+.9w.b'Y "1 dr N.. rMwaw.wt.www4r.v.nYl.4a's.r.Nalal• Mw•rnmlwal4.Arrwx.Nr {.w.r CaN L.n. f7)rl w.r r.
.YdltM.saxr tlr. /x. { ..,. flrrr.rV..fwys fa4N U1'.n.rnn..:..rJ it nrr Owlydri:waC dr .r.rir+n. u.O ddtL:..d Gr..r. rlr.?..,wrrOrrr 'm C,
4f ./A«a rArnrvt.:wllaLM r.yt.rrrdwba.Y rlp wr.wev N.re.!IrdNntwrn Il.i '0..6'w..r.r
sw..«yN CNN CM wN.rhO.-rlr.y ,....r U.r n..rrw. Y rw mNfYl(yr.wrvfrf4::M rr:mMrr nnww?mp
^aN.r..N..wMNAaM{u.rwC,..ryrr.r.•.b.,r.r„MrNl.r.wr.r..wr:.1.?..,r,..Mxrr...rY,.rrJ.....,r;.r.rr a..r.....glrrr.r
M Yrrlr a M rl{rYw.N..rwnrM mw. . O1 Arr+.r.,Vr Ayres. n.M n. O.r.M .g4rrr..lp.l.> :.w,:..r.'.n.r.r••r.Yl rlr. hnnr ...ww...r
bT n Mr.{r..w.rl{«f.x.dl ..lanr u{I.MY M YLtlI rWdvma..r wb •M rM rNY d U1 M M MM.M OL:m4ra 1M MMY WM rN IMr.11Y. PNrY.A. TIr WY Ar.
rrfrrNNn'.s? M? h':r'^^Yw•r•i•II.MA+.M rw MGw...yy..rr r...LOrrlr?) il.n.r.4..F.b!r..
..yw. Tr •r•urprrwrw wardrAM rw wx. rwNr++y p..r :.rrn w..rnlinM µ...w. w:., {M N. {.wM
osN ra...ll.llgr.lm fd.Yl Wrr.ryNY?b.rMglreit .br.i61N M4rnW NLb iOa.YN. ?rT'm:r. •rMM ,r.rrw.a.n rNnr.a Mrrv..r4 N.r 1..Lwva,
• ..b. br.w '1r..b b:w.rs.. .?p. rb rp n.Nl.r .•M. .w1.N??rMlht die rWUrpp,rgxw~
rr.r • , rnnwwr..rwM r.wr..Nr Mrw.. Iw..ra.Mr.•..n..... . ??-,1_ N
A p Mm _ d
k4-mw $WON Mw" L..., AU
?luorK avAmwTr tw. aNr{nlq A•,M....a sqw. o-r.d. L CMN . '"
rte.. Odrr«.?rl.lltrl.(..N.'C..r...lr^) r..rr.tlrare.,.•wr.Ir4wal.nM Mrw.- Tn.Owlr.r.
' ?w aYrMM.dM{rTMrbM ar+'•Y.'rrM+rgMwyryy.MM91.•nwr YY'..Mb Nina.,nr NMW.YWN.Y:rwl.roo All
rwY. ......F4u.N. ww..MaaM
4n .JN..pr.rw'Wrwrr..sny..r....wr.Y•.r,•,.Iwr.?r.:ur.•r..nr. ,,,«,.wM,w .Mrn:rr n.+r;r.•.Mrcr+.+rr Mer.wr..,..?r.r ?.......•...ww....rnMb
a L.•I.rr.w wrrw w...rn r.4b pyJ p..lo-.l..lvglr.a'N M.a.. ry... w..r.r,.. '•'•Irp..?..w..,.,,..,,?,,,W....w.w w.:n...+n r. rw:yM rrr.,r...r rM'[
T•rr'l'?s ?YI•%+n•by, ny.n>.:..... yu. n. rF r.n lwr ?y Mypr.n. r,u.lr.
a..w.r me..b.rr.r.. a waww y M •ar..,. «, . I
hC.srr.r.. wldN rq err C"r?'* "?'? y.brr.y..:. w.+N...;
___•r'r}..r .srn•rr:. r..rrC.r.rxel. (. '.rr lMRafw...... r..f.rgpgl:NrvMniY.r.w.. LYy n.
.rw.. dr % arrawdr?nr"'°"°aa.,f.r+.n.wrr. raba.w..r?r e+I.+r.J rr?iw ,a ?y'?.rry,y?V? ..•?..G f.•a'..r.?raY .e ?...n .. u.I +. IrM Mewrr.rrr.TN
..a.rr.rr.r..r.Mr.rrrn.r.,rr,rr?.r ? r nrrn.ar...,?o-.n.mau.r,a,r,r.L....dl..er.r ;';?,?..'x^.? a x.••.N,rrw,
.r. w y...r•. rr ...nrwr.r?.. w•A.r•..;,,.•. r .rr... wn,.:r...lr my l..rw.i. ?^?..-w.?.nM?r?IauI N?M.
d L'I?1 GuYNblf NVm.'P1Uw Pni% J.I..
fi:LVmma'. 9gn:vuq C ;..m.ps On?•aYS Lrcrn o
G.i.ryry N.rrl! tareN alai; C«. ? ?( /7/?
._..... „•-(iurM.YS 5+1'WUr. GuH.•lOri LO uws tCM.s ¦ ?._..._.. _.....? _ _. ?..._??
TrN.I iiA ? Irar.nq
P ?t4W Plac w w.wws as... P 0. Wal R1V -
i.ltl•°U? ? p0t1 uadao.nY
"717= 1 y L?iO stm Mdq.:
Ta.P.l.n. Olr.w.a T. 10 Mft.r
5
1
M.N. .IN il?-y{rwn (`.In.^v}.yA Wa.iNONg.w•..r
n..r:Yrr U.rrt/ "OU.lpr wn LL'waw. r. w.Nrrww r.Lw.?r•,;,.. ?. ,,,..,,.'.,....,.:.r..ww..ryem... n..
alrl
S?a?_ e.a ur«m 'Sr.rl.r lrl nw-
? I'+r. •. ^''r . A'n.?.. ..n ?.:.:...... .. a .. .L . iF.?:,?•y V w Hut)
l j? , h h?~.v o.rrr?r{«oYa{IMp M+taM apnYy r?wr?
N.rlr 1
l ?f7 "0 S g Nrn. _
r{11y 1-? ? Oit{ a Otp. trrroanr! ',a ,?,+
NOIn Aa 1{
/7o So
7i 7-?_z2y6 .r.,
W. r..r.. M..r. b
:.I..r {.I..fl.... r
RIN1raM
. q:M.rM I.
s lb.tr{II{ Il. r
.rl f.xM.la m.r m
..mlmxr.IlrMr
rati.shirr T..w
.v «wararNr.
NYary...rmY.rlr
.a w h.yn r
yMm.alar.) ?r.J
W M Odll....r.
w b N. m.r....
I?xr.w Cr... Lr.
7. Tn. o.rdv
M aN.n. n.b r rr
APR 27 '06 1127 FR CITIZENS BANK
17 766 8325 TO 1---3626625 P. 03/03
izens Bank'
QOM. '[,L? r« YvwYM M w waoiNgl: YIMNOY TOTA4
F4d) co 'i nrr bYNM
B&M rY Low N&M hndMwlirA IMw m
?.... a om
"w"
0
.camr ftn"c.N Y wmws
Q RM1 R Z • Il.rr d YGM M Ad*M& .w.?ran
Y ?°Yd?••--
IrwWY.r.vrH pYw CWd Um NOw/T n.w.....
N&no
%
?--
awrrY l.nr a c?.dl :.
&AoMG Tr.l ur $
avwmo
ew.wo a...n rrolwuw, _ r`-"f'a -a 7i of L- 3&84,
I Irnr .rr?w.
itor.Rrr `r'rrs
li
• d Yaks ?.?ro-
MyYYd Z
C?
314,
x
AapYM
I- ksi "? ? Y. Cm 1.rlt a ?gT
MAIN rdr
city
U Peft Toyplwr
Oa. BM'W'
[] A? CAP
Rr Nr.M Y d YrrY at AYyy?r r°A°w Y
Olwl 11 ? Rwe M.r • d YrrY AYww.
i
IMw Nrr1 Q YN rllrt.rrdw.YM
' . _. .•. -..::.•, .:. ?dllYMwlp Yw Caa LMt
Nmt " !wr bawxy r - .. ... ?.wYrrwY
McYrr1 Wtir. Wns NrYI ? I YI7? N Y MIWnMw.s d00W BYCwyY' u .--'-T-•'
_..L. .-.
VM"W rF ?M0y A0?`1R AK TOMOAYCIRCY{TOI?R ?• MY*MO?.w? ?T 6 ?tlYYr ?
n 1Y7M
nww.??.??ilr?.w.uirn?N..y..?`""wr:':r„?'r w.r•?w.rw err ar.'«..rr,,,,,"r"'r..?°rr r?iw+wr.+?i..w?wiyr Y+Y.ww.lir rF rw?i. w.??.'?'r?.
?...wwrrawl.r. ti
rM YwrrrwYrr drrww.
w_r w..yr.1.rrmr. vMw
rw .rrw Mr.«w
rwrrwrww wr rra rw
PWAROMM Ywnc.*w/a_ wrrrwrnwwlrrrrrvr Yaa°"rla _...., .....?Iry'• _.. :...':'..
AWigAd ?gtin OTrY UCwrd Y: '~ -
R?
WJAMWAAIMW
l«wyrq.rrwrl r wwrw d r trot. r1Yrrlnr M WOwr. TMOw
'E
'w'.?R., 'p+wr?Mrr.i ya?wr.+r?.rryw.Mw.re...rrw.:a??
^M'rwrwY Sr OyrwFMwYw rrr ii1r..Mlr w...d?ww
MirYMra rM' W rwaw M M
?w?ryww: Yrr gOrCOM.rr?TMWrwur,....•Y Arlb rwir.•.
'IOK TOAL PAGE. 03 YoK
EXHIBIT "B"
XX Citizens Bank
I Citizens Drive
Mail Stop: RDC160
Riverside, RI 02915
SEVEN BROTHERS, LLC
1303 SLATE HILL ROAD
CAMP HILL, PA 17011
05/01/2006
Congratulations! We have approved your recent request for a Citizens Bank Busirle?ss Credit
Line Account ("Credit Line") with a credit limit amount of S 100000. 0
Your Annual Percentage Rate will be based upon an Index as out in to ie enc os
Business Credit Line Agreement ("Agreement" o
the Agreement carefully before using the Businessl Credit L? Account. - /sU plea eeriread
incorporated by reference into the enclosed Agreement and shall be considered as art
thereof.
For your convenience, we have enclosed a book of temporary checks, you may b n to
utilize these checks immediately. A Business Credit Line checkbook has been ord for you
and you should receive it within 10 to 14 days.
If you have any questions concerning your new Credit Line, please feel free to c4l? us at
1-800-4-BUSINESS.
Thank you for choosing Citizens Bank as your Business Partner.
CITIZENS BANK
Retail Lending Services
Rev. 07/05 SBWelcome
EXHIBIT "C"
Citizens Bank
LENDER:
r Citizens Bank of Rhoda Island
1 Citizens Plaza
Providence, R102903
0 Citizens Bank of Connecticut
63 Eugene O'Neill Drive
Now London, CT 06320
n
BUSINESS CREDIT LINE AGREEMENT
Citizens Bank Now Hampshire
673 Elm Street
Manchester, NH 03101
0 Citizens Bank of Massachusetts
26 sate street
Citinne Ban f Pennsylvania
PhI1?adNpttlNa, O-f 19103
Boston, MA 02109 Wlsinlm nion mpto ??1kt}t street, Sulte 200
n, D 19601
If checked here, this to is guaranteed by the Small Business Administration ("SBA"). i
This Business Credit Line Agreement (the "Agreement^) sea forth the tents of a credit line ("Credit Line") establislie
L
("Approval etter") from the Lender ("Lender"
"w
"
"
"
"
" d under a lett
,
e
,
us
or
our
Borrower ha
) identified above tan applicant (the "Bortnw
s submitted an application ("Application") for the Credit Line which incorporates the terms of thi
evidence the obligation to re
A er
or "you"). The
s
pay sums advanced under the Credit Line. Certain person(s) ("Guarantor") have, or
guaranty obligations under this Agreement. The Borrower and an
Guara
t
i ent by reference to
in the future,
y
n
or
rrevocably accept the terms of the A
Agreement by the Borrower taking an advance ("Advance") under the Credit Line. The words "you" and "
each of them if more than one
ou
and "
"
" "
"
"
" roval Letter and this
y
,
rs
m
we,
our,
and
us
mean the Lender. The term "Loan Documents" means the
Agreement, the Approval Letter, any guaranty and any other documents executed in c
i the Borrower, and
plication, his
onnect
on with the Credit Lino.
1. Credit LimIL We have established a Credit Line for your short-term b
A
orrowing needs with a limit (the "Credit l
pproval Letter. The Credit Limit is the maximum principal amount you may have outstanding under the Credit Line
reserve the right, in our sole discretion, to reduce your Credit Limit or termi
t imit") set forth in the
at any time. We
na
e your Credit Line as provided below
2. Purpose. This Credit Line is for business purposes only, and may not be used for consumer, household or oh
ek
l
3. Loans. (a) We agree to make Advances to you until the occurrence of an Event of Default (as defined in Para
notice of termination of the Credit Line; provided that the a
r rena
purposes.
pb 17
below) or
gg
egate principal amount outstanding does not exceed a
agree to repay the Advances in accordance with his Agreement. ,
Credit Limit You
(b) Letter of Credit: If there is no Default under this Agreement, Borrower shall be entitled to request that the Lender issue
commercial or standby letters of credit under this Agreement (subject to the limitations described above) pursuant to itte conditions: folbwing
(l) Issuance of Letters of Credit From time to time on any business day occurring prior to Default on
Borrower may request the issuance of commercial or standby letters of credit (each a "Letter of Credit" and collectiv I d =and hereunder,
l y, "Letters of he
Credit") for its own account in respect of obligations of the Borrower in stated face amounts (each such stated face at nt not to be less
than S 1,000) requested by the Borrower on such day with an expiry date not later than the earlier of one year from th} ate of such
issuance; or extend the expiry date of an existing Letter of Credit previously issued hereunder to a date not later than p e year from the
date of such extension.
No issuance or extension of a Letter of Credit shall be made if, after giving effect thereto: (a) the aggregate face amotin of all
outstanding Letters of Credit, 210 (b) he aggregate outstanding principal amount of all outstanding advances under! is A
&M1I!<L1h66 (c) the principal amount of this Agreement greement 13
To request the issuance of a Letter of Credit (or the extension of an outstanding Letter of Credit) the Borrower shall h deliver to the
Lender a notice requesting he issuance of a Letter of Credit, or identifying the Letter of Credit to be extended, the date f issuance or
extension, the date on which such Letter of Credit is to expire (which shall comply with the limitations set out above)' well as
submitting the appropriate letter of credit application on the Lender's standard form.
By requesting the issuance of a Letter of Credit (or the extension of an outstanding Letter of Credit), and by signing the ender's standard
forth of letter of credit application, Borrower will be deemed to have agreed to he terms of his section of his Agreem t (captioned
"LETTERS OF CREDIT").
Each Letter of Credit issued by the Lender shall be, in addition to the terms hereof, subj in ect to connection the terms with the is he is iona'o of any form err
letter of credit application or other agreement submitted or entered into by the Borro wer auan?e any Letter of
Credit. In the event of any inconsistency between he terrna and conditions of his Agreement he Loan Agreement, a" the terms of any
form letter of credit application or other agreement submitted or entered into by he Borrower in connection with the issuance of any
Letter of Credit, the terms and condition of such letter of credit application or other agreement shall control. The
this
shal Letters of Cried tvIn he evCredlit
that the Le der p ys?anly draft under A
Lenderhma?nt of all is and outstanding
any Letter of Clredit, thuced
as an advance under this Agreement, and such advance shall bear interest under and be subject to all of the charge her termed 'this such re draft
greement.
(Ill) ReimbnremeaL If he Lender shall honor or otherwise make any disbursement in respect of a Letter if Credit, the
Borrower shall reimburse the Lender in he full principal amount of such disbursement by paying to the Lender an amo?n t ual to
disbursement not later than the close of business on he day such disbursement is made. Notwithstanding the foregoin Borrower h
may, subject to he terms and conditions of this A
hereunder. The Borrower acknowled es and a meet, request that such reimbursement t payment bey nsuc aked request irei a of an advance the
Lender the Borrower shall reimburse he Lender in fulls date such d btursement is made, he t np d amount thereof shall b, ar interest unless
each day from and including he date such un-reimbursed disbursement is made to but excluding the date that the Borrohv reimburses
such disbursement, at the rate per annum hen applicable to advances hereunder.
(Iv) Letter of Credit Fees. The Borrower agrees to pay to the Lender a Letter of Credit fee in an amountus] to the then
applicable interest rate for advances hereunder multiplied by he stated face amount of all Letters of Credit outstanding, is ch fee to be mon the date of (x) h arrears in accoce with the se suance of each Letter of Crcedt4 (y) each?increaseont?elom` Thce ?un` furthe f ? ) pay to
ext?i ion (automatic Leer ( on
or otherwise) of the stated expiry date hereof an issuance fee as provided for in the letter of credit application or other (t ment
submitted or entered into by he Borrower in connection with such issuance, increase or extension, and (ii) all reasonabl} osts and
expenses incurred by the Lender in connection with such Letter of Credit. Cash
late that the Borrowers receives notices from the Lender deeman?di g make he deposit of cash upon the occurTence of any i ilt? on the the Borrower shall depoasiit ?n an acc untwith
the Lender, in the name of and for he benefit of the Lender, an amount in cash equal to the aggregate amount of all Lettof Credit then
outstanding. Such deposit shall be held by the Lender as collateral for the payment and performance of the obligations of he Borrower
with respect to such outstanding Letters of Credit, this Agreement, he Loan Agreement, and any application or agreement submitted or
entered into by the Borrower in connection with the issuance of any Letter of Credit. The Lender shall have exclusive dal inion and
control, including the exclusive right of withdrawal, over such account. Other than interest earned on the investment of su h deposits,
which such investments shall be at the option and sole discretion of the Lender and at he Borrower's risk and expense, sac deposits
shall not bear interest. Interest or profits, if any, on such investments shall accumulate in such account Moneys in such count shall be
applied by the Lender to reimburse the Lender for Letter of Credit disbursements for which it has not been reimbursed a o to the extent
not so applied, shall be held for the satisfaction of the reimbursement obligations of he Borrower for outstanding Letterso Credit, or, if
demand has been made hereunder, be applied to satisfy, other obligations of the Borrower under this Agreement required to provide an amount of cash collateral hereunder as a result of he occurrence of a Default andnder shall frraain tf om
demanding payment hereunder, such amount (to the extent not applied as aforesaid) shall be returned to the Borrower withi 3 business
days after all Defaults have been cured or waived.
SBLOC - 06/03
Page 2
4. Fees. The following fees apply to your Credit Line:
a) Packaging Fee.
Upon acceptance of the Approval Letter, by requesting an Advance or otherwise, you may be required to pay us a packaging fee of
5250 (less any fee paid in connection with the Application) by means of an Advance under the Credit Line, which shall not be subject
to any refund upon termination.
b) Annual Fee.
On each yearly anniversary of the date of this Agreement, you shall pay us an annual fee of 5100 by means of an Advance under the
Credit Line which shall not be subject to any refund upon termination.
c) Late Fee.
If any payment is not made within fifteen (IS) days after it is due, you may be required to pay us a late fee of (i) $35, or (ii) five
percent (5%) of the overdue payment, whichever is greater.
d) Collection Fees.
If any payment is not made when due, you will pay us any reasonable collection costs including, but not limited to, legal fees and
court costs.
S. Interest Rate. The outstanding principal balance of each Advance shall bear interest until paid at the Prime Rate plus a certain number of
percentage points (the "Margin"). The initial Margin is set forth in the Approval Letter and does not exceed eight (8%) percent. "Prime Rate"
shall mean the prime rate published in The Wall Street Journal as the prevailing prime rate at banks in the United States, or, if no longer
published, a similar rate determined from a commercially accepted service chosen by the Lender. The Prime Rate is a reference rate and does
not necessarily represent the lowest or best rate charged to any of our customers. Interest rata adjustments under this Agreement shall be
effective (i) with respect to the Prime Rue, on the same date that an adjustment is determined to have occurred, and (ii) with respect to any
Margin adjustment, on the date set forth in a notice sent to you. Any interest rate adjustment shall be applicable to the entire balance
outstanding under this Agreement, as well as to all Advances made thereafter under this Agreement. For SBA guaranteed loans, the interest rate
will change on the first day of the calendar month following a change in the Prime Rate. This interest rue change will not occur more often
than once each month. Interest shall be computed daily on the basis of a 365-day year (366 in any leap year) using the actual number of days
elapsed. We may, within our sole discretion from time to time, but no earlier than one year from the due of the Approval Letter, increase or
decrease the Margin. Any change in the Margin shall be effective upon not less than thirty (30) days' notice to you. You may, at your option,
elect to terminate this Agreement rather than be bound by a change in the Margin. If you decide to terminate this Agreement, you must give us
written notice of your decision to do so before the effective date of the change and you must pay all amounts outstanding under this Agreement
prior to the effective date of the change. In PA, for business loans to non-corporation borrowers in amounts less than or equal to $10,000, the
maximum allowable interest rate is currently 18 /o.
6. Payments. This Agreement is payable ON DEMAND. Until demand is made, you shall pay the principal and interest according to the
following schedule:
You must make regular monthly payments on the date ("Payment Date") set forth in your billing statement. The first Payment Date will be one
month after the due of the Approval Letter and monthly on the same day of the month thereafter. On each Payment Date, you must pay the
following amounts:
? If the box at the beginning of this paragraph is checked, your regular monthly payments will be equal to the sum of (a) accrued
interest and any other charges posted to the account at the close of the billing cycle, plus (b) any amount which is past due, plus
(c) any amount by which the outstanding principal balance of the Loans exceeds the Credit Limit (except as a result of & reduction by us of your
Credit Limit). This minimum monthly payment will not reduce the principal that is outstanding on the Credit Line, and will result in greater
expenses over the life of the Credit Line Account. In addition to the minimum monthly payment set forth above, you agree that at least once
during each 12 consecutive calendar month period (beginning on the date of the Approval Letter) you will reduce, for a period of 30 consecutive
days, the principal balance of the Credit Line to not more than fifty percent (50%) of the highest outstanding principal balance on the Credit
Line for the preceding 12 calendar months.
Unless the box at the beginning of the preceding paragraph has been checked, your regular monthly payment will be equal to the sum of (a)
accrued interest and any other charges posted to the account at the close of the billing cycle, plus (b) principal in the minimum amount of (i)
5200.00, or (ii) two percent (2%) of the outstanding principal balance at the close of the billing cycle, whichever is greater (however, the
minimum payment will never exceed the entire amount outstanding), plus (c) any amount which is past due, plus (d) any amount by which the
outstanding principal balance of the Loans exceeds the Credit Limit (except as a result of a reduction by us of your Credit Limit).
You may make additional repayments of principal at any time, but these additional payments will not release you from the obligation to make
payments on the next Payment Due. Upon the occurrence of an Event of Default (as defined in Paragraph 17, below) or termination of the
Credit Line, all amounts outstanding under the Credit Line will be due and payable in full. However, in our sole discretion, we may allow you
to pay the amounts outstanding over a period of time ("Extension Agreement"). We will indicate our approval of an Extension Agreement by a
notation on your billing statement or other written notice. Unless we indicate a different arrangement in written notice to you, an Extension
Agreement will require monthly payments on the Payment Date equal to the sum of (a) accrued interest and other charges posted to your account
at the close of your billing cycle, plus (b) one thirty-sixth (1 /36th) of the principal balance outstanding when we terminated the Credit Line, plus
(c) any amount which is part due. All outstanding amounts subject to an Extension Agreement will be due and payable in full if there is a
subsequent Event of Default. Any payment due on a Saturday, Sunday or other banking holiday may be made on the first day we are open after
the date due, but interest and other charges shall be computed through the date on which payment is actually made. All payments will be made
to Lender at the address on the billing statement in lawful currency of the United States of America.
If you pay us with a check or similar instrument that has notations or instructions on or with the check, you agree that (i) we may ignore those
notations and instructions except as expressly provided below; and (ii) we may credit any payment we receive to your Credit Line (including a
check), and our crediting of that payment will not mean that we have agreed to any notations or instructions on or with that payment.
If you want to pay the outstanding balance of the Credit Line in full with a check or similar instrument that has such special notations or
instructions on it or with it, but not close the Credit Line, you must send the payment (including special notations or instructions) to Loan
Operations, Citizens Bank, I Citizens Drive, Riverside, RI 02915.
If you want to pay the Credit line in full with a check or similar instrument that has such special notations or instructions on it or with it, and
close the Credit Line, you must send the payment (including special notations or instructions) to Loan Operations, Citizens Bank, I Citizens
Drive, Riverside, RI 02915.
If payment in full is received at any other address, (i) we may ignore any special notations or instructions, and (ii) our crediting any such check
or other instrument to the Credit Line does not mean that we have agreed to the special notations or instructions.
7. Requesting Advances. You may request an Advance by using the special loan checks we will give you. The following rules apply to
your use of special loan checks.
a) Lost or Stolen Special Loan Checks. You agree to tell us if special loan checks are lost or stolen, or if you believe
someone is using your Credit Line without your permission. The fastest way to notify us of lost or stolen checks is by calling
us at 1-800-4-BUSINESS.
b) Forged Special Loan Checks. You agree that we do not have to pay any of your special loan checks if we believe the
signature on the check has been forged, unless you tell us to.
c) Postdated Special Loan Checks. If you date a special loan check with a date that is later than the date on which you
actually wrote the special loan check, you agree that we may pay the special loan check, even if we pay it or post it to your
Credit Line on a date which is earlier than the date on the special loan check.
d) Stopping Payment on a Special Loan Check. You can ask us to stop payment on any special loan check you have written
that has not been paid by calling us at the telephone number shown on your statement. An oral stop payment order will stay in
effect for fourteen (14) days, unless you confirm it in writing or tell us to cancel it. You can confirm your stop payment
order by writing to us at the address shown on your statement. A written stop payment request will stay in effect for six (6)
months, unless you tell us to cancel it.
e) We Are Not Liable. We will not be liable if anyone fails to honor a special loan check written by you.
0 0
notice from any Guarantor terminating a guaranty, death of a Guarantor, or assertion that a
all Advances;
guaranty is not in full force?atd effect as to
(viii) suspension of business for a reason other than strike, casualty or other cause beyond your control;
0x) co in
Bankruptcy Codee Comm any voIu no far invoIu ary proc edmg under the Bardttuptcy Code, a
y other insolvency Proceeding, or inability to pay debts
ppointment of a cu generally as heysb ome due fined in the
(x) attachment or otherjudicial encumbrance of property;
(xi) occurrence of any material uninsured casualty loss;
Page 3
0 Paying Special Loan Checks in Excess of Your Credit Limit. We do not have to pa
cause you to go over your Credit Limit. However, we may do so if we choose,
Y any special loan check that would
g) Paying Special Loan Checks After Termination. We will not pay any additional
payment after we send you noti of termination of the Credit Line (as provided in Paragraph
Credit Line (az provided in P special loan checks presented to us for
angce raph 14, below), you will be responsible for a in any h 14, below); f you terminate the
special loan checks which are presented to us for payment before we have had a reassonabllee damountnt of tiro to implement your
termination notice. Once we have implemented your termination notice, we ewe make to pay
Presented to us for payment. will not Pay any additional sp -c ial loan checks
8. Debit. If you have so indicated on the Application and have completed an authorization on the form n.
us to debit your Citizens Bank business checking account with us for all sums (including, without limitatio f?in
payable under this Agreement and the Loan provi to you you authorize rincip overdraft, and further provided Documents; provided, however, that this provision shall not obligate us tree a orasj w?a?y
sufficient good funds in your acc
that ount c You uundeeratand thhat nlnexchange for yourrauthorizzation to deduct our a?
account we have reduced the interest rate payable under this A cede if there are not
g
if ason,
revoke your authorization to debit payments from your checking account, or if auttomaticlpayments are lo eu you k raa nteed d account, for any reason,
we have the right to increase the Margin on your Credit Line by one percent (I N, without en c to iu t to
made by automatic debit of your checking account you mum make payments to Lender at the address on the billing st, currency of the United States of America any prior notice to you. less payments are
9. Billing Statemeuta We will provide you each month with a billing statement showing the Payment Date, he rn:aimum tenant is lawful
the Payment Date, the current interest rate an than , all Advance, and other appropriate debits and credits. All ein the ntries ern your account wiilll be made inaacco
ments made the rdance wi h our r?y p °al balance of tall a on
practice in effect from time to time. Any failure to record Advance, interest or other c
otherwise reduce your obligations to us under the Loan Itarge or an ?' accounting
manifest error or omission, will be Documents. The balance shown on our most recent printout f your shall accoruront'ubbsent
presumptive evidence of the amounts due and owing by you to us under this A
10. Default Iyteret After r the oco ant.
judgment is isaued, we A urrence of an Event of Default (as defined in Paragraph 17, below), and whet! Min our ?
after a
Documents, interest until paid in fmull at the rate discretion, all principal and other amounts outstanding P y l? der oth Loan
Rate") to four ercent4 to $10,000, exceu o rf th? to deu in Par is currently 18/., graph 3
(above). For business loans to non-corporation borrowers in amounts lea than or equal to he total maximu towable interest rate
It. Maximum Rah of lohret All provisions of Chia Agreement are expressly subjat to the condition
paid agreed ro e ai to ereunder and deemed interest under cab
applic or able law (h b e " p Ma d xim w um h Allowable Rate" . _ in vent shall the amount
applile law exceed the maximum
the enterer rate hereunder is in excess of the Maxirtretun Aan at llowable (Rate the obligation to be of this A s hall ye ?? lowed er
`b tof an
practicable after such
that determination is made, to eliminate such excess. An y provision of this Agreemeof int d by
nt re to in a determination
prior to the dat which t oligation is reduced shall be ap ed and deemed a as promptly as
y amount collected in excess of the Maximu Allowable Rate
Ad pli to
vances, e on he b prepayment of the unpaid principal glance of the
12. PrepaymeaL You shall have the right at an time and from time to time to
whole or in par, without premium or y prepay the unpaid principal balance o all Advance in
prepaid. penalty, but with coned interest and other charges to the day of such
I3. Reduction of Credit Lime. We may Prepayment n the amount
reduction will be effective on ethe . date y reduce your Credit Limit at any time, in our sole discretion, by written noti
Advances if the aggregate prince d specified in our notice (which may be the date of the notice). You will not be enty to You. Any
amount of all Advances to pal amount of all Advances outstanding would exceed the reload Credit Limit. if th;y her
reduce the oubtsnan tstanding exceeds he reduced Credit Limit on the eff thirty ecti (30) ve date daysofof the the educti effective on,dateyouof the
outstanding Principal balance to the reduced Credit Limit within Bate Principal
sum omust
sufficient to
14. Terminadou. The Credit Line will terminate automatically upon the occurrence of an Event of Default (as defiParagraph 17,
below). We may terminate the Credit Line at any time, in our sole discretion, upon a date specified in written notice to t hich due will
be at least thirty (30) days after the date of our notice. You will not be entitled to further Advances from the
termination is effective at a future date. Upon termination, all amounts owing under the Loan
You may terminate the Credit Line at any time by written notice to us, provided there is no outstanding balanf of our nnci r, even though
charge.
Documents shall bed ue yable in full.
15. Representation and Waraatla. You p p rarest or other
to e you n any Guarantor is ac represent and warrant that (i) all information contained in he Application p otherwise famished
curete and complete, (ii) if you are not an individual, you are duly o
standing order the law of the state where you arc organized, (iii) you have all material li
your businea, (iv) the person(s) si Banized, validly x sting and in good
against you std any Gtnaranto fining the Loan Documents is duly authorized, (v) the Loan perits a snarl vgS1i?y? ed to conduct
Documents rs and (vi) you are under+w legal restriction that would prcvmt borrowing under the Afire and enforceable
16. Covenaub You covenant and ent
operate in accordance with all agree (i) ro keep the representations and warrantie contained in Paragraph IS true
us with such information rc rresent and future laws and govemmentsl regulations; iii to a e all times; (ii) to
allow us and our B B Your busnea and financial conditioa and that ( ) P Y all your obligations when e; (iv) to famish 13 (v
representative ro inspect your businea o of any Giarmtors, as we rtaaa?
ons upon reasonable notice; NO to maintain the current name off or companbooks y or b sir ea? ch(and to make iding but not /metmay ed er al!) 1 sue ?) to
o rts with your jurisdiction of organization; and (vii) to re in from any dissolution, consolidation, merger, salesejy utside hetimes
nary course, or change of ownership.
17. Events of Default The occurrence of any of the following ("Event of Default") with respect to any Borrower or any Guarantor shall
constitute a default under the Loan Documents:
0) failure to pay when due any principal, interest or other charge relating to the Advances;
(ii) failure of any representation or warranty made in connection with any of the Loan Documents to be true when made;
(iii) delivery of any false or misleading certificate, financial statement or other written document in connection with the Adb ces;
(iv) failure to observe any covenant contained in the Loan Documents;
(v) overdraft of any checking account with the Lender
(vi) default under any agreement with the Lender (whether in the Loan Documents or otherwise);
NO
t
(zii) indictment for criminal activity; or
Page 4,
(xiii) any material adverse change in financial condition or business prospects which leads the Lender to believe that performance of any
agreement or undertaking with the Lender is or may be substantially impaired.
18. Remedies. Upon the occurrence of an Event of Default (as defined in Paragraph 17, above),
(i) you shall have no further right to borrow under the Credit Line, (ii) all outstanding amounts under the Credit Line arc due and payable,
(iii) the outstanding amounts shall cam interest at the Default Rate, and (iv) we have the right to bring suit and exercise all rights and
remedies available under applicable law,
19. Cost of Collection. You agree to pay all expenses incurred by us in connection with the enforcement of our rights under the Loan
Documents to the extent allowed by law including, but not limited to, all appraisal, accounting and legal fees (including, but not limited
to, allocated costs of in-house counsel) and related disbursements.
20. Notices. All notices shall be in writing, mailed to or delivered to each party to the following addresses:
If to the Borrower or Guarantor, at the address set forth in the Application;
If to the Lender, Citizens Bank, Business Banking Center, One Citizens Drive, Riverside, RI 02915;
Or such other address as any party may specify by prior notice to the other party.
21. Amendments and Waivers. The Loan Documents may be amended only by (a) writing signed by the Lender and the Borrower, or
(b) the Lender providing written notice to the Borrower at least thirty (30) days prior to the proposed effective date of the amendment. If
the Lender proposes an amendment upon thirty (30) days' notice, the amendment will become effective without the signature of the
Borrower unless the Borrower gives notice to the Lender prior to the proposed effective date that the Borrower does not accept the
amendment. No delay in exercising any right shall constitute a waiver or affect our right to act at a later time. No waiver or consent
shall be effective unless in writing signed by the party granting the waiver or consent. No waiver of an Event of Default (as described in
Paragraph 17, above) or specific provision shall affect any other Event of Default or other provision. Any waiver shall be effective only
for the specific instance indicated in the waiver.
22. Joint and Several Obligations. If the Application is signed by more than one Borrower, all obligations of the Borrowers under the
Loan Documents are their joint and several obligations, and all references to the Borrower herein shall be deemed to refer to each of
them, either of them, and all of them.
23. Cumulative Remedies; Setoff. The rights and remedies provided the Lender in this Agreement and in the other Loan Documents
shall be cumulative and shall be in addition to and not in derogation of any rights or remedies provided the Lender in any other document,
instrument or agreement or under applicable law and may be exercised concurrently or successively. The Borrower grants the Lender the
right of setoff against all deposits and property of the Borrower now or hereafter in the possession of the Lender without regard to the
adequacy of collateral.
24. Eodre Agreement; Assignment; Successors and Asslges. The Loan Documents supersede all prior agreements between the parties
with respect to the Credit Line, whether oral or written. The Loan Documents constitute the entire agreement between the parties with
respect to the Credit Line. Borrower shall not be entitled to assign any of its rights or obligations under the Loan Documents without
Lender's prior written consent. Lender shall be entitled to assign some or all of its tights under the Loan Documents without notice to or
consent of Borrower. This Agreement and the Loan Documents shall be binding upon and inure to the benefit of Borrower, Lender and
their respective successors, assigns, trustees, receivers, administrators, personal representatives, legatees and devisees.
25. Leader Liability. The Lender shall not be liable for any loss sustained by any party resulting from any action, omission or failure
to act by the Lender, whether with respect to the exercise or enforcement of the Lender's rights or remedies under the Loan Documents,
or otherwise, unless such loss is caused by the actual willful misconduct of the Lender conducted in bad faith. IN NO EVENT SHALL
THE LENDER EVER BE LIABLE FOR CONSEQUENTIAL OR PUNITIVE DAMAGES, ANY RIGHT OR CLAIM THERETO BEING
EXPRESSLY AND UNCONDITIONALLY WAIVED.
26. Indemnification. The Borrower hereby indemnifies and agrees to protect, defend and hold harmless the Lender and the Lender's
directors, officers, employees, agents, attorneys and shareholders from and against any and all losses, damages, expenses or liabilities of
any kind or nature and from any suits, claims or demands, including all reasonable counsel fees incurred in investigating, evaluating or
defending such claim, suffered by any of them and caused by, relating to, arising out of, resulting from, or in any way connected with this
Agreement, the Application, the other Loan Documents and any transaction contemplated herein or therein including, but not limited to,
claims based upon any act or failure to act by the Lender. If the Borrower shall have knowledge or any claim or liability hereby
indemnified against, it shall promptly give written notice thereof to the Lender. The Borrower acknowledges that this covenant shall
survive payment of all Advances.
27. WAIVER OF TRIAL BY JURY. THE LENDER, THE BORROWER AND ANY GUARANTOR HEREBY VOLUNTARILY,
INTENTIONALLY AND IRREVOCABLY WAIVE ALL RIGHT TO TRIAL BY JURY IN ANY PROCEEDING HEREAFTER
INSTITUTED BY OR AGAINST THE LENDER, THE BORROWER OR ANY GUARANTOR OF ANY KIND, IN ANY COURT,
ARISING OUT OF THIS AGREEMENT, THE APPLICATION, THE OTHER LOAN DOCUMENTS OR ANY RELATED
DOCUMENTS.
28. WAIVER OF PREJUDGMENT HEARING. THE BORROWER AND ANY GUARANTOR (i) ACKNOWLEDGE THAT THIS
AGREEMENT IS A PART OF A COMMERCIAL TRANSACTION AND (ii) TO THE EXTENT PERMITTED BY ANY STATE OR
FEDERAL LAW, WAIVE THE RIGHT THE BORROWER OR ANY GUARANTOR MAY HAVE TO PRIOR NOTICE OF AND A
PRIOR COURT HEARING ON THE RIGHT OF ANY HOLDER OF THIS AGREEMENT TO ANY REMEDY OR COMBINATION
OF REMEDIES THAT ENABLES SAID HOLDER, BY WAY OF ATTACHMENT, FOREIGN ATTACHMENT, GARNISHMENT,
REPLEVIN, OR OTHER PREJUDGMENT PROCESS TO DEPRIVE THE BORROWER OR ANY GUARANTOR OF PROPERTY, AT
ANY TIME, PRIOR TO FINAL JUDGMENT IN ANY LITIGATION INSTITUTED IN CONNECTION WITH THIS AGREEMENT,
AND FURTHER WAIVES ANY REQUIREMENT OF LENDER TO POST A BOND OR OTHER SECURITY IN CONNECTION
WITH SUCH REMEDY.
29. Consent to Jurisdiction. The Borrower and any Guarantor consent to the personal jurisdiction in any court of the state in which the
main office of the Lender is located.
30. Waiver of Personal Service. The Borrower and any Guarantor waive personal service of process in connection with any action or
proceeding commenced by the Lender in connection with the Loan Documents, agreeing that such service may be made by certified mail
to the address specified in this Agreement for notices.
31. Descriptive Headings; Context. The captions in this Agreement are for convenience of reference only and shall not define or limit
any provision. Whenever the context requires, reference in this Agreement to the neuter gender shall include the masculine and/or
feminine gender, and the singular number shall include the plural and in each caw, vice versa.
32. Survival. This Agreement and all covenants, agreements, representations and warranties made herein and in any certificates
delivered pursuant hereto shall survive any making by the Lender of any Advances and the execution and delivery of any Loan Documents
and shall continue in full force and effect until this Agreement is terminated and all obligations of the Borrower to the Lender are paid in
full.
33. Choice of Law. This Agreement and all other Loan Documents are entered into under and shall be construed, interpreted, enforced
and governed by the laws of the state in which the Lender's main office is located.
34. Maine Disclosure. If the address for the Borrower is Maine, the following notice applies: Notice. Under Maine law, no promise,
contract or agreement to lend money, extend credit, forbear from collection of a debt or make any other accommodation for the repayment
of a debt for more than 5250,000 may be enforced in court against Lender, unless the promise, contract or agreement is in writing and
signed by Lender. Accordingly, Borrower cannot enforce any oral promise to extend credit unless it is contained in a written document
signed by Lender, nor can any change, forbearance, or other accommodation relating to any extension of credit by Lender to Borrower be
enforced, unless it is in writing signed by Lender.
35. Seal. This Agreement is made as an instrument under seal.
VERIFICATION
John A. Gibbons, Assistant Vice President and duly authorized representative of
Bank of Pennsylvania, deposes and says subject to the penalties of 18 Pa. C.S.A. §4904
to unsworn falsification to authorities that the facts set forth in the foregoing pleading ?e true
and correct to his information and belief.
John
President
of Pennsylvania
cjl?
2C9 3 S -P 14 A I I: 10
g78.5o"?d A?
?zvrr9
ee
?- ?oszt
Sheriffs Office of Cumberland County
R Thomas Kline
Sheri
Ronny R Anderson
Chief Deputy
Jody S Smith
Civil Process Sergeant
Edward L Schorpp
Solicitor
i'?tir D1 ?nuiGrrt?
OFFICE :' '- E S-ERIFF
2009 S' -' 2.1 1 i ab 8: 5 j
Citizens Bank of Pennsylvania
vs.
Scott D. Kinney
Case Number
2009-6192
SHERIFF'S RETURN OF SERVICE
09/15/2009 05:14 PM - William Cline, Deputy Sheriff, who being duly sworn according to law, states that on
September 15, 2009 at 1714 hours, he served a true copy of the within Complaint and Notice, upon the
within named defendant, to wit: Scott D. Kinney, by making known unto himself personally, at 222 Fox
Drive Mechanicsburg, Cumberland County, Pennsylvania 17050 its contents and at the same time
handing to him personally the said true and correct copy of the same.
SHERIFF COST: $37.44
SO ANSWERS
10.- 49!
September 16, 2009 R THOMAS KLINE, SHERIFF
13y
Deputy Sheriff
210 JJ1. -b ~'~ 12~ ~2
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CITIZENS BANK OF PENNSYLVANIA,
Plaintiff,
vs.
SCOTT D. KINNEY,
Defendant.
CIVIL DIVISION
NO.: 09-6192
TYPE OF PLEADING:
PRAECIPE TO SETTLE AND
DISCONTINUE WITH
PREJUDICE
FILED ON BEHALF OF:
Citizens Bank of Pennsylvania, Plaintiff
COUNSEL OF RECORD FOR THIS
PARTY:
Joseph A. Fidler, Esquire
Pa. I.D. # 87325
GRENEN & BIRSIC, P.C.
One Gateway Center
Ninth Floor
Pittsburgh, PA 15222
(412) 281-7650
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CITIZENS BANK OF PENNSYLVANIA, CIVIL DIVISION
Plaintiff,
vs.
SCOTT D. KINNEY,
Defendant.
NO.: 09-6192
PRAECIPE TO SETTLE AND DISCONTINUE
WITH PREJUDICE
TO: PROTHONOTARY
SIR:
Kindly settle and discontinue with prejudice the above-captioned matter and mark the
docket accordingly.
GRENEN & BIRSIC, P.C.
Sworn to and subscribed before me
BY•
. Fi ler, squire
A rney for Plaintiff
this ~ day of , 2010.
Notary Public
COMMONWEALTH OF PENNSYLVANIA
NWeuial Sesl
Patricia A. TOwnNnN, Notary Public
City of Pttttburph, Albphsny County
My Commission ~xplne June 2, 2011
Membor, Ponnsylvania Asmocladon df Notaries