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Home My WebLink About01-0269COMMERCE BANK/HARRISBURG, N.A., Plaintiff Vo ROBERT VIERING, JR., Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CML ACTION CONFESSION OF JUDGMENT Pursuant to the authority contained in the warrant of attorney, a copy of which is attached to the Complaint filed in this action, I appear for the Defendant, Robert Viering, Jr., and confess judgment in favor of the Plaintiff, Commerce Bank/Harrisburg, N.A., and against the Defendant as follows: Unpaid balance of Note (as of November 9, 2000) Interest on unpaid balance (as of November 9, 2000) Late fees (as of November 9, 2000) Attorney's collection fee (10% of unpaid principal balance and accrued interest as of November 9, 2000) $49,779.29 1,517.86 49.77 5,129.71 TOTAL (as of November 9, 2000) $56,476.63 Respectfully submitted, METTE, EVANS & WOODSIDE By: . Beneventano, Esquire Sup. Ct. I.D. #43107 3401 North Front Street P.O. Box 5950 Harrisburg, PA 17110-0950 Attorneys for Commerce Bank/Harrisburg, N.A. 246396 Judgment entered as above, this /.~2 day of).f~ ,200/ . Prothonotary/,~. e- COMMERCE BANK/HARI~ISBURG, N.A., Plaintiff ROBERT VIERING, JR., Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION NO. Z 'q COMPLAINT AND NOW, this 20~h day of December, 2000, the Plaintiff, COMMERCE BANK/HARRISBURG, N.A., through its counsel, Metre, Evans and Woodside, hereby files this Complaint pursuant to Pa.R.C.P. 2951(b), 42 Pa.C.S.A., for judgment by confession and avers the following: 1. Plaintiff is COMMERCE BANK/HARRISBURG, N.A. (hereinafter "Commerce Bank"), a national banking association with a principal place of business at 100 Senate Avenue, Camp Hill, Pennsylvania 17001-8599. 2. Defendant, ROBERT VIERING, JR., is an adult individual who resides at 14 Fieldcrest Drive, Mechanicsburg, Cumberland County, Pennsylvania 17055. Attached as Exhibit "A" is a true and correct copy of the Promissory Note (hereinafter "Note"), dated June 9, 1998 and executed by Defendant in favor of Commerce Bank. The Note authorizes confession of judgment "after a default." 4. In connection with the Note, Defendant was provided with documentation explaining the meaning and consequence of a confession of judgment. The document is identified as "Disclosure for Confession of Judgment," a true and correct copy of which is attached hereto and identified as Exhibit "B." 5. On June 9, 1998, Defendant executed the"Disclosure For Confession of Judgment" in connection with the Note. By executing this document, Defendant acknowledged his understanding that Commerce Bank had the right to confess judgment against him in the event that he defaulted on the Note. 6. On June 28, 1999, Defendant executed a Change in Terms Agreement (hereinafter "First Change Agreement") which increased the principal amount of Defendant's indebtedness to Commerce Bank; otherwise, the Note "remain[ed] unchanged and in full force and effect." (See First Change Agreement at "Continuing Validity," a true and correct cop of which is attached hereto at Exhibit "C.") 7. On August 20, 1999, Defendant executed an additional Change in Terms Agreement (hereinafter "Second Change Agreement") which again increased the principal amount of Defendant's indebtedness to Commerce Bank; otherwise, the Note "remain[ed] unchanged and in full force and effect." (See 2 Second Change Agreement at "Continuing Validity," a true and correct copy of which is attached hereto as Exhibit "D.") 8. On February 25, 2000, Defendant executed a third and final Change in Terms Agreement (hereinafter "Third Change Agreement") which further increased the principal amount of Defendant's indebtedness to Commerce Bank; otherwise, the Note "remain[ed] unchanged and in full force and effect." (See Third Change Agreement at "Continuing Validity," a true and correct copy of which is attached hereto at Exhibit "E.") 9. The Note has not been assigned. 10. Judgment has not been entered in any jurisdiction on the Note. 11. Default was made by the Defendant in the payment of $505.95, due on September 9, 2000, and in the payment of all subsequent installments, whereby under the Note the entire sum is in default and immediately payable. 12. Such defaults are continuing. 13. Defendant is currently liable to Commerce Bank as follows: 3 Unpaid balance of Note (as of November 9, 2000) $49,779.29 Interest on unpaid balance (as of November 9, 2000) 1,517.86 Late fees (as of November 9, 2000) 49.77 Attorney's collection fee 5,129.71 (10% of unpaid principal balance and accrued interest as of November 9, 2000) TOTAL (as of November 9, 2000) $56,476.63 14. An affidavit certifying the last know address of Defendant, that his income exceeds $10,000.00 per year, and that he is not in the military service of the United States or its states or territories, is attached hereto as Exhibit "F" and incorporated hereby by reference. WHEREFORE, Commerce Bank demands judgment in the sum of $56,476.63, plus all additional sums resulting from Defendant's continuing default, as authorized by the warrant of attorney appearing in the attached instrument. Respectfully submitted, METTE, EVANS & WOODSIDE Date: December 20, 2000 By: · Beneventano, Esquire Sup. Ct. I.D. #43107 3401 North Front Street P.O. Box 5950 Harrisburg, PA 17110-0950 Attorneys for Commerce Bank/Harrisburg, N.A. VERIFICATION I, David C. Amsden, state that I hold the title of Vice President/Asset Quality at Commerce Bank/Harrisburg, N.A., the Plaintiff in the above-captioned action, that I am authorized to make this Verification on its behalf, and that the facts set forth in the foregoing Complaint are true and correct to the best of my knowledge, information and belief. I understand that my statements are made subject to the penalties of 18 Pa.C.S.A. §4904 relating to unsworn falsification to authorities. Date: COMMERCE BANK/HARRISBURG, N.A. David C. Amsden Vice President/Asset Quality Exhibit A !' ' PROMISSORY NOTE _ ...... ........ ............................................. Borrower: Ro~ V~ng, ~. (SS~: 1~5~a07) Lender: Comme~ce B~arH~urg, Nal~nN 14 F~dc~e~ ~lve M~n ~c~mmerclal Cost Cellar 1~ Se~e Avenue Principal Amount: $5,0~.00 Initial R~e: 11.~ Date of Note: June 9, 1998 Maturi~ Date: June 9, 1999 PROMISE TO PA~. ~d Vt~n9, Jr. ("~er"} ~l~s to ~y to Commerce B~rlaburg, ~etlon~ A~letlon ('%under"), or PAYMENT. ~rrower will p~ Ibis I~n on ~emand, or If no aem~d I~ m~e, In ~e p~m~l of all oul~g prl~p~ plus ~1 ~ un~d In.eM on June 9, 1~9. In ~dltlon, ~fr~er wgl ~y regu~ monlhly ~ments ot ~cme4 ~ld IMere~ ~nln9 ~ 9, 1998, and all ~t Intef~/pwments ~e due on the ~e d~ o~ each mon~ ~er Ihat. Interest on th~ Note is compuled on s ~51~ ~mple i~est ~s~; t~t A, by ~1~ t~ rat~ of t~ annual tn~t ra~ o~ ~ number of da~ In a y~r (~ duh~ leap yea~), mu~pl~d by the outsta~di~ pri~pal ba~n~, mui~lied by the actual number of da~ t~ pdn~al baian~ ~ ou~ndi~. B~ow~ will pay Le~r at Len~'s add~s shown able ~ at s~h ~ ~ce as Len~r ~y ~te in wrlBng. Units othe~i~ agr~d or required by appii~b~ law, pa~enls will VARI~ INT~EST RATE. The intm~t rate on this Note ~ sub~t to c~ ~om fl~ to B~ b~ed on cha~es in an index wh~h is the "COMMERCE BANKI~ISBURG, ~TIO~L ASSOCIATION RETAIL ~IME ~" (the "Ind.). The Comm~ Bankl~urg, National ~tion Re~il Pdme ~te, hereinafter m~ffed to as "Commer~ ~ank Prime" s~ be thM rate w~h Len~ ~labl~ as i~ PA~ Ra~, o~ not publish. T~ ~tab~sh~nt end pub~fion of Commeme Pdme Rate by Len~r shall not in any way preclu~ or ~mit Lender from len~ng to celia boffowem, from tJ~ to t)~, at a rate o~ i~emst less than the Com~ Bank ~t~ ~le. T~ ~ Rate of Int~eM shall c~n~ on t~ date on wh~h any cha~ tn t~ ~m~ ~n~r~urg, ~tional ~s~alion Reta~ Ph~ Rate shall b~o~ ~e. When ~id int~t rate c~nges on a day other than a payroll d~ ~te und~ this N~, interest s~ ~e ~ula~d on a per d~m b~ls for such month. To the ~ent p~mi~ed by Pe~nsylva~ ~w, infarct sha~ be caicu~ted by the ~thod known as the ~ank~s Rule" using t~ actual da~ l~ p~ipal ~a~ outs~nding ~reund~ di~ded by ~ da~ and m~tipl~d by I~ t~fl appi~b~ rate of in~r~/~ed ~rein; pro~ded, however, that to 1~ e~ent s~h ca~ulatio~ is not ~ff~ by Penns~nia law, in.mst hereunder shall ~ calcula~d on t~ basis of a ~ or ~ day ~ar, as t~ ~e ~y ~. to ~e un~ld prlncl~ ~lance of Ibis Hole ~11 ~ a a rMe of 2.~ ~nta~ ~nts ov~ t~ In.x, reviling In ~ InltlN rate of 11.~% annum. NOTI~: U~ no cimums~s w~l the in~f~t m~ en this Note be mom I~n the m~imum m~ allowed by appiicab~ law. PREPAYMENT, B~row~ may pay wit~ut ~nal~ all or a p~lon of t~e amount awed ~l~r t~n It is due. Eady payments will not, unless agr~d to by Lend~ in writing, relie~ 8offower of Bo~wer's ob)igation to continue to make payments of a~rued unpaid int~esl. Rathm, they will red~e t~ LATE CHARGE. if a payment is 15 ~s or more late, Bo~ower will be charged ~.~% ot the regula~ ~hedul~ p~menl. OEFA~T. Borrower wilJ be in ~auit it any of the following happens: (a) 8~ower fails to make any payment when d~. (b) 5orrow~ b~ks any lelated D~umen~s. id) Any mpr~n~tion or sta~nt ~de or f~shed to Lender by 8o~ower or on Borrower's ~lt is false or misleading in any ~y bankrupMy or )ns~ncy la~. (ti Any creditor Ides to take any of B~ro~r's propedy on or in which Lend~ has a lien or s~ily int~t. Th~ ~f~man~ of t~ In.red.ss is impak~, ti) Lend~ in go~ faith ~ms it~f ins~ure. my default, other t~n a detault in payment, is curable and if Borrower h~ not been given a notice ol a breach o~ the same pro.sion o~ this Note bin I~ pr~di~ ~elve (12) months, it may be cured (and ~o event of ~fa~t w~l h8~ ~curred) if 8offower, aff~ re~i~ writlen nol~ ~der de~nding cum of s~h default: (al cur~ the de~ult within ~n (15) da~; or (bi if the cum requires more t~n tifleen (~5) ~ediat~y iniliat~ st~s wh~h L~d~ d~ms In Lend~'s s~e ~scrMIon to ~ su~ient to cure the ~fauit and t~r~fler C~tin~s and c~p~t~ ail ~o~(e and n~ s~ps sufficient to pmd~e compl~e ~ soon ~ re~on~ly ~mctical. 'DER'S RIG.S. Upon default, Lender ~y, a~er gi~ng such not)~ as requim~ by appii~ble law, d~m the entire unpai~ p~ncipal ba~ on Note and al{ s~r~d u~paid int~t im~iat~y d~, end (hen ~ower will pay l~t amount. Up~ ~ull, i~udi~ ~il~e to pay upon t~ Index. The inter~t rate w~l not ex~ the ~imum rate ~mifl~ by appl~a~e law. Len~ may him ~ pay s~o~ e~e Io ~lp c~l ~ote )f Borrower d~s not pay. Borrower also wil~ pay Lender that amounl. This includes, s~j~l to any limits under applicable ~w, Lenders ~e~' f~ and Le~'s ~al ~n~ wheth~ ~ not t~m Is 8 ~wsuit, l~ludi~ a~' f~ and ~al ex~n~s f~ bankruptcy pf~dings ding e~s to modi~ or vacate any automatic s~y or Inju~tion), app~ls, and any anticipated post-judgment collation se~s, Ii not ~ited by 8pplicsb~ law, Bo~ow~ also ~ll pay 8~y coud costs, in ad~ti~ to all olh~ sums p;o~ by law. If ju~nt is entered In con~li~ ;er hereby wN~; ~ [igOr:lo ~y Jaw ~l~ In any action, preceding, or counlercl~m broughl by ellher ~nd~ or Borrower a~t the (In~tal Hem ~:~:~.~ ::. ::~[ ~: ~:j~?~[~ ) This Nolo ~.ll be ~vemed ~ and conMmed In accordance wl~ the I~s of l,~e Commo~ealth ~ORED ITEM FEE. Borrower wilt pay a t~ to Len~r of ttD.~ Ji Borrower makes a payment on 'Boffower's )~n and Ihe ch~k eit~r: (al adva~ed in a~da~ with t~ instr~tions of an aulh~ ~mon ~ (bi credit~ to any ~ B~ow~'s a~oun~ with ily c~uter printout. Len~ w~l ~ no ~ali~ to adva~ funds un~ this N~e if: ts) B~f~ ~ any guarant~ ~ in 'ms o~ this Note or any agr~nt that Borrow~ ~ any guarant~ has with Lender, in~udl~ any a~nt ~de in conn~aon with the 's ~te; (bi Borrow~ ~ any g~rant~ ~S d~ng busin~ ~ ~ Instant; (c) any guaran/~ S~S, c~i~ or ot~ise a~empl$ 06-09-1998 PROMISSORY NOTE Page 2 Loan No 2771595 (Continued) belwean Lender and Borrower. GENERAL PROVISIONS, This Note is payable on demand. The inclusion of specitic default provisions or dghts of Lender shall not preclude Lender's dght to declare payment of this Note on its demand. Lender may delay or forgo enforcing any of its rights or remedies under Ibis Note without Josing them. Sorrower and any other pemon who signs, guarantees or endorses Ihis Note, to the extent allowed by law, weive presenlment, demand for payment, protesl and notice of dishonor. Upon any change in Ihe terms of this Note, and unisss otherwise expressly stated in writing, no party who signs this Nole, whether es maker, guarantor, accommodation maker or endorser, shall be released from liability. All such parties agree thal Lender may renew or exlend (repeatedly and for any length of time} this loan, or release any party or guarantor or coliale~al; or impair, fail lo realize upon or pertect Lender's secudly interesl in lhe colleleral; end lake any olher action deemed necessary by Lender without the consent et or notice 1o anyone. All such padies also agree that Lender may modify Ihis loan without the consent et or notice to anyone other than the party with whom the modification is made. If any podion et this Note is for any reason determined to be unenforceabia, it will not affecl lhe enforceability of any other provisions of Ihis Note. CONFESSION OF JUDGMENT. BORROWER HEREBY IRREVOCABLY AUTHORIZES AND EMPOWERS ANY ATTORNEY OR THE PROTHONOTARY OR CLERK OF ANY COURT IN THE COMMONWEALTH OF PENNSYLVANIA, OR ELSEWHERE, TO APPEAR AT ANY TIME FOR BORROWER AFTER A DEFAULT UNOER THIS NOTE, AND WITH OR WITHOUT COMPLAINT FILED, AS OF ANY TERM, CONFESS OR ENTER JUDGMENT AGAINST BORROWER FOR THE ENTIRE PRINCIPAL BALANCE OF THIS NOTE, ALL ACCRUED INTEREST, LATE CHARGES, AND ANY AND ALL AMOUNTS EXPENDED OR ADVANCED BY LENDER RELATING TO ANY COLLATERAL SECURING THIS NOTE TOGETHER WITH INTEREST ON SUCH AMOUNTS, TOGETHER WiTH COSTS OF SUIT, AND AN ATTORNEY'S COMMISSION OF TEN PERCENT (t0%) OF THE UNPAID PRINCIPAL BALANCE AND ACCRUED INTEREST FOR COLLECTION. BUT IN ANY EVENT NOT LESS THAN FIVE HUNDRED DOLLARS (~00) ON WHICH JUDGMENT OR JUDGMENTS ONE OR MORE EXECUTIONS MAY ISSUE IMMEDIATELY; AND FOR SO DOING, THIS NOTE OR A COPY OF THIS NOTE VERIFIED BY AFFIDAVIT SHALL SE SUFFICIENT WARRANT. THE AUTHORITY GRANTED IN THIS NOTE TO CONFESS JUDGMENT AGAINST BORROWER SHALL NOT SE EXHAUSTED BY ANY EXERCISE OF THAT AUTHORITY, BUT SHALL CONTINUE FROM TIME TO TIME AND AT ALL TIMES UNTIL PAYMENT IN FULL OF ALL AMOUNTS DUE UNDER THIS NOTE. BORROWER HEREBY WAIVES ANY RIGHT BORROWER MAY HAVE TO NOTICE OR TO A HEARING IN CONNECTION WITH ANY SUCH CONFESSION OF JUDGMENT, EXCEPT ANY NOTICE AND/OR HEARING REQUIRED UNDER APPLICABLE LAW WITH RESPECT TO EXECUTION OF THE JUDGMENT, AND STATES THAT EITHER A REPRESENTATIVE OF LENDER SPECIFICALLY CALLED THIS CONFESSION OF JUDGMENT PROVISION TO BORROWER'S ATI'ENTION OR BORROWER HAS BEEN REPRESENTED SY INDEPENDENT LEGAL COUNSEL. THE LIEN ARISING FROM ANY JUDGMENT CONFESSED OR ENTERED PURSUANT TO THE FOREGOING AUTHORITY SHALL NOT EXTEND TO ANY .OF BORROWER'S RESIDENTIAL REAL PROPERTY AS THAT TERM IS DEFINED IN THE PENNSYLVANIA ACT OF JANUARY 30, 1974 (PA. LAWS 13, NO. 6), REFERRED TO AS THE LOAN INTEREST AND PROTECTION LAW, AS AMENDED, AND THE HOLDER OF ANY JUDGMENT CONFESSED OR ENTERED PURSUANT TO THE FORGOING AUTHORITY SHALL NOT, IN ENFORCEMENT OF ANY SUCH JUDGMENT, EXEC(JTE~ LEVY OR OTHERWISE PROCEED AGAINST ANY SUCH RESIDENTIAL REAL PROPERTY; PROVIDED, HOWEVER, THAT THE LIEN OF SUCH JUDGMENT SHALL EXTEND TO SUCH RESIDENTIAL REAL PROPERTY AND THAT THE HOLDER THEREOF SHALL SE PERMITTED TO EXECUTE, LEVY OR PROCEED AGAINST SUCH RESIDENTIAL REAL PROPERTY FROM AND AFTER THE ENTRY OF A JUDGMENT AS CONTEMPLATED BY SECTION 407 OF SUCH LOAN INTEREST AND PROTECTION LAW AND RULES 2981 TO 2986 OF THE PENNSYLVANIA RULES OF CIVIL PROCEDURE, OR SUCCESSOR OR SIMILAR STATUTES AND RULES. NO LIMITATION OF LIEN OR ANY EXECUTION. LEVY OR OTHER ENFORCEMENT CONTAINED IN THE IMMEDIATELY PRECEDING SENTENCE SHALL APPLY WITH RESPECT TO ANY JUDGMENT OBTAINED OTHER THAN BY THE FOREGOING AUTHORITY TO CONFESS OR ENTER JUDGMENT. PRIOR TO SIGNING THIS NOTE, BORROWER READ AND UNDERSTOOD ALI. THE PROVISIONS OF THIS NOTE, INCLUDING THE VARIABLE INTEREST RATE PROVISIONS. BORROWER AGREES TO THE TERMS OF THE NOTE AND ACKNOWLEDGES RECEIPT OF A COMPLETED COPY OF THE NOTE. THIS NOTE HAS BEEN SIGNED AND SEALED BY THE UNDERSIGNED. SORROWER: Igned, acknowledged end delivered In the presence of: Witness Witness Exhibit B ~orrower: DISCLO~ii RE FOR CONFESSION OF'~dDGMENT Robert Vlertng, Jr. (SSN: 17g-r~-4~)7) 14 FleMcre. M Drtve Mechanlcsburg, PA 17055 Principal t Loan Date Maturity [ Loan No i Call i Collateral i Account Officer i InRlals I J ' · _ _Ss,_000,00 _ _L ~0~-,~__..~_9~.~ 06-0S-1~9 i 277159S_.~_ ..... ~. ._ [ ..... -- 130'_:._ .... References in the shaded area are for Lender's use only and do not limit the applicability of this document to any particular Ican or item. Lender: Commerce Bank/Harrtsburg, ~ AesocIMIon Main Office/Commercial Cost Center P.O. BOX 8~9 100 Senate Avenue Camp Hill, PA 17001--85gg DISCLOSURE FOR CONFESSION OF JUDGMENT I AM EXECUTING, THIS ~'[ DAY OF '~ ~. ~ 4~'-- 19"-~) , , A PROMISSORY NOTE FOR $$,000.00 OBLIGATING ME TO REPAY T~T AMOUNT. A. I UNDERSTAND THAT THE NOTE CONTAINS A CONFESSION OF JUDGM~ PROVISION T~T WO~D PERMIT LEN~R TO ENTER JUDGMENT AGAINST ME IN COURT, ~ER A DEFA~T ON THE NOTE, WIThin ~VANCE NOTICE TO ME AND WIT~ OFFERING ME ~ OP~RTUNITY TO D~END AGAINST THE ENTRY OF J~GMENT. IN ~EC~ING T~ NOTE, BEING F~Y AW~E OF MY RIG'S TO ~V~CE NOTICE AND TO A H~ING TO C~TEST THE V~IDI~ OF ANY J~GM~T OR OTHER ~IMS THAT LEND~ MAY ASSERT AGAINST ME UNDER THE NOTE, I AM KNOWINGLY, I~IGEN~Y, AND V~UNTARILY WAIVING THESE RIG.S, IN~UDING ANY RIG~ TO ~V~CE NOTICE ~ ~ ~RY ~ J~GMENT, AND I ~PRES~Y AGR~ ~D CONS~T TO LENDER'S JUDGMENT AGAINST ME BY CONFESSION AS PROVIDED FOR IN THE ~NFESSION ~ JUDGMENT PROVISION. INITI~S: B. I FURTHER ~RSTAND THAT IN ADDITION TO GIVING ~R THE RIG~ TO ~TER JUDGMENT AGAINST ME WIT~ ADVANCE NOTICE OR A HEARING, THE CONFESSI~ OF J~GM~ PROVISION IN T~ NOTE ~SO C~TAINS LBGUAGE THAT WO~D PERMIT ~N~, ~ER ENTRY ~ ~GMENT, TO ~EC~ ON T~ J~GMENT BY F~E~OSING U~, A~ACHING, L~ING ON, T~ING ~SSESSI~ ~ OR OT~WISE SEIZING MY ~OPER~, IN F~ OR PARTI~ PAYMENT OF THE JUDGME~. ~W~R, ~ MUST PROVIDE NOTICE TO ME UNDER AP~IC~E ~W IN ~EC~ING ~Y CONFESSED ~DGME~. IN ~EC~ING THE ~, BEING F~Y AW~E OF MY RIG.S TO ~V~CE NOTICE AND A H~ING ~ER JUDGM~T IS ENT~ AND B~ORE ~EC~ION ON THE ~DGME~, I ~M KNOWINGLY, INT~IGEN~Y AND V~U~ILY WAIVING THESE RIG~, ~D I ~PRES~Y AGREE AND ~NSENT TO L~N~EC~ING ON ~E JUDGMENT, IN ANY M~NER PERMI~D BY ~IC~E STATE AND FE~R~ LAW. INITIal: ~ C. A~ER HAVING READ ~D D~ERMIN~ WHICH ~ THE F~OWING ~TATEMENTS ~E AP~IC~E, AND BY ~ClNG MY INITI~S N~ TO EACH STATEMENT WHICH APPLES, I R~RE~ENT THAT: INITI~5 ~1. I WAS REPRESENTED BY MY OWN INDEPENDENT LEG~ COUNS~ IN CONNECTION WITH THE NOTE. ~ 2. A R~RESENTATIVE OF LENDER SPECIFIC~Y C~ED THE CONFESSION OF JUDGMENT PROVISION IN THE NOTE TO MY A~ENTION. D. I CERTIFY THAT MY ANNU~ INCOME ~CE~S $10,~; T~T THE ~KS IN THIS DIS~OS~E WERE FI~ED IN WHEN I INITI~ED AND SIGNED IT; AND T~T I RECEI~ A COPY AT T~ TIME OF SIGNING. THIS DISCLOSURE HAS BEEN SIGNED AND SEALED BY THE UNDERSIGNED. AFFIANT: /~ / . ~ ~ x (SEAL) Robed Vlerlng, Jr. / / Signed, acknowledged and delivered In the presence of: X Witness X Witness LASER PRO, Reg. U.S. Pat. & T.M. Off., Var. 3.24 (c) 1998 CFI Pro!3®rvices, inc. All rights reservecL [PA-D30 06VIE.LN] Exhibit C Borrower: Principal { L<oanDate { Maturity I Loen No [ Call iCollateralI Account-iOfticerJ Initials $20,000.00 J .......... L A-7. sg--5 _i ............ L ......... L ..... J ........ References in the shaded ares are for Lender's use only and do not limit the applicability of this document to any particular loan or item. Robert Vlerfng, Jr. ($SN: 179-50-4807} Lender: Commerce Bank/Harrisburg, National Association 14 Fieldcrest Drive Main Offloo/Commercfal Coat Center Meehenlooburg, PA 17055 P.O. Box 8599 100 Senate Avenue Camp Hill, PA 17001-8599 Principal Amount: $20,000.00 Date of Agreement: June 28, 1999~ DESCRIPTION OF EXISTING INDEBTEDNESS. This is s Variable Rate (2.00% over "COMMERCE BANK/HARRISBURG, NATIONAL ASSOCIATIOI~I~ RETAIL PRIME RATE', making an initial rate ct 11.00%), Disclocable Revolving Line of Credit Loon to an Individual for $5,000.00 due On June 9, 199g. DESCRIPTION OF COLLATERAL. Unsecured. DESCRIPTION OF CHANGE IN TERMS. Modify Line ol Credit from SI0,000.00 to $20,000.00 due on Ju~e 9, 2000. PROMISE TO PAY. Robert Vtarbtg, Jr. ("Borrower") promiaes to pay to Commerce BenldHerrtaburg, National Aesociatlon ("Lender'), or order, In lawful money of the United States of America, the principal amount of Twenty Thousand & 00/100 Dollars ($20,0~0.00) or ac much as may be outstanding, together with Interest on the unpaid outetendlng principal balance of each advance. Intereet shell be calculated from the date of each advance until repayment of each edvenoo. PAYMENT. Borrower wifl pay thta loan on demand, or If no demand la made, to one payment of ell outstanding principal plus ell accrued unpaid Interest on June 9, 2000. In addition, Borrower will pay regutar monthly payment, of accrued unpaid Interest begtontog July 9, 1999, and ell subsequent Interest payment, ara due on the esms day of each month after that. Interest on this Agresmont is computed on a 365/'365 simp/e interest basis; that is, by applying the mt/<) of the annual interest rate over the number of days in a year, muifipliad by the outstanding principal balance, multiplied by the actual number of days the principal balance is outstanding. Borrower will pay Lender at Lender's address shown above or at such other place as Lender may designate in writing. Unless otherwise agreed or required by applicable law, payments will be applied first to any unpaid collection costs and any late charges, then to any unpaid interest, and any remaining amount to principal. VARIABLE INTEREST RATE. The interest rate on this Agreement is subject to change from time to time based on changes in an index which is the 'COMMERCE BANK/HARRISBURG, NATIONAL ASSOCIATION RETAIL PRIME RATE' (the 'Index'). The Cornmeme Bank/Harrisburg, Natioflal....j Association Retail Prime Rate, hereinafter referred to as 'Commeme Back prime' shall be that rata which Lender establishes as its Prime Rate, whether or not published. The establishment and publication of Commerce Prima Rate by Lender shall not in any way preclude or limit Lender from lending to certain borrowers, from time 1o time, at · rate of interest less than the Commerce Bank Prime Rate, The Apalioable Rate of Interest shall change on the date on which any change in the Commerce Banld]-iarrisburg, National Association Retail Prima Rate shall become effective. When said interest rate changes on a day other than a payment due date under this Note, interest shall be calculated o~ a per diem basis for such month. To the extent permitt6d by Pennsylvania law, interest shall be calculated by the method known as the 'Banker's Rule' using the actual days the priocipal baiaoce is outstanding hereunder divided by 360 days and multiplied by the then aRolicabie rate of Interest described herein; provided, however, that lo the extent such calculation is not permitted by Pennsylvania law, interest hereunder shall be calculated on the basis of a 365 or 366 day year, as the case may bo. Lender will tell Borrower the current Index rate upon Borrower's request. Borrower understands that Lender may make loans based on other rates as well. The interest rate change will not occur more often than each day. The index currently II 8.500% per annum. The Interest rate to be applied to the unpaid principal balance of this Agreemeet will be et a rate of 2.000 percentage point" over the Index, resulting In an Initial rate of 10.500% per annum. NOTICE: Under no circumstances will the interest rate on this Agreement be more than the maximum rate allowed by applicable law. Unless waived by Lender, any fnerenee In the Interest rate will increase the amount" of Borrower's interest payments. PREPAYMENT. Borrower may pay without penalty ell or a portion of the amount owed earlier than it is due. Early payments will not, unless agreed to by Lender in writing, relieve Borrower of Borrower's obligation to continue to make payments of accrued unpaid interest. Rather, lbay will reduce the principal balance due. DEFAULT. Borrower will he in default If any of the following happens: (a) Borrower fails to make any payment when due. (b) Borrower breaks any promise Borrower has made to Lender, or Borrower fails to comply with or to pedorm when due any other term, obligation, covenant, or condition contained In this Agrsemenl or any agreement related lo this Agreement, or in any other agreement or Icon Borrower.bas with Lender. (c) Borrower defaults under any loan, extensio~ of credit, security agreement, purchase or sales agreement, or any other agreement, in favor of any other creditor or person that may materially affect any of Borrower's property or Borrower's ability to repay this Note or perform Borrower's obligations under this Note or any of the Related Documents. (d) Any representation or statement made or furnished to Lender by Borrower or on Borrower's behalf Is false or misleading in any material respect either now or at the time made or famished. (e) Borrower dies or becomes insolvent, a receiver is appointed for any part of Borrower's property, Borrower makes an assignment for the be~eitl of Creditors, or any proceeding is commaoced either by Boffower or against Borrower under any bankruptcy or insolvency laws. (I) Any creditor tries to take any of Borrower's properly On or in which Lender has a lien or security interest. This includes a gamishmenl of any of Borrower's accoonta with Lendar. (g) Any of the events described in this default seciten occurs wilh respect to any guarantor of this Agreement. (h) A material adverse change occurs in Borrower's financial condition, or Lender believes the prospect of payment or performance of the Indebtedness is impaired. (i) Failure to meet the deadlines required in the Year 2000 Comptiance Agreement to be Year 2000 Compliant or a reasonable likelihood that Borrower cannot be Year 2000 Compliant on or before December 31, 1999. (~) Lender in good faith deems itself insecure. I~ any default, other than a dafauR in payment, is curable and if Borrower has not been given a notice of a breach of the same provision of this Agreement within the preceding twelve (12) months, it may bo cured (and no event of default will have occurred) If Borrower, after receiving written notice from Lender demanding cure of such default: (a) cures the default within fifteen (15) days; or (b) if the cure requires more than fifteen (15) days, immediately initiates steps which Lender deems in Lender's enfa discretion to bo sufficient to cure the default and thereafter continues arid completes all reasonable end necessary steps sufficiont to produce corn~ianoe as soon as resennably prsctioal. LENDER'S RIGHT~. Upon default, Lender may, after giving such notices as required by applicable law, declare the entire unpaid principal balance on this Agreement and all accrued unpaid interest Immediately due, and then Borrower will Pay that amount. Lender may hire or pay someone else to help collent this Agreement If Borrower does not pay. Borrower also will pay Lender that amount. This includes, subject to any limits under applicable law, Lender's attorneys' fees and Lender's legal expenses whether or not there is · lawsuit, including attorneys' fees and legal expenses for bankruptcy Prcoesdings (including efforts to modify or vacate any aulomatic stay or injunction), appeals, and any anticipated post-judgrrmnt collection services. If not prohibited by applicable law, Borrower also will pay any court costs, in addition to ell other sums provided by law. If judgrnant is entered in connection with this Agreement, interest will continue to accrue on this Agreement after judgroont et the Interest rate applicable to this Agreement at the time judgment is entered. This Agreement hee been delivered to Lender and accepted by Lender In the Commonweefth of Penneyluania. If there la a tawault, Borrower agrees upon Lacder'a request to submit to the Jurladtaflon of the courta of Cumhertand County, the Commonwealth of Pacnsylvenfa. Thia Agreement shall be governed by and construed In accordance with the laws of the Commonwealth of Pennaylvant". RIGHT OF SE'TOFF. Borrower grants to Lender a conlractuel security interest in, and hereby assigns, conveys, delivers, pledges, and hecafars to Lender ail Borrower's right, title and interest in end lo, Borrower's accounts with Lender (whether checking, savings, or some other account), Including without limitation all accounts held Jointly with someone else and all accoonts Borrower may open in the future, excluding however all IRA and Keogh accounts, and all bust accounts for which the grant of a security interest would be prohibited by law. Borrower authorizes Lender, to Ihs extent parmlftud by applicable law, to charge or eetolf all sums owing on this Agreement against any and ell such accounts. LINE OF CREDIT. This Agreement evidences · revolving line of credit. Advances under lhis Agreement, as well as directions for Payment from Borrower's accounts, may he requested orally or in wrlllng by Borrower or by an authorized person. Lender may, but need not, require that ell oral requests bo confirmed in writing. The following parly or parties ars autherlzed to request advances uP, der the line of credit until Lender receives from Borrower at Lender's address sbown above written notice of revocalion of their authority: Robert Vfarfng, Jr., Business Individual. Bofl'owsr agrees to he liable for ell sums either: (a) advanced in accordance with the instructions of an authorized Parson or (b) credited to any of Borrower's accounts with Lenclar. The unpaid principal balance owing en this Agreement at any time may bo evidenced by endorsements on this Agresment or by Lender's intemel records, including daily computer p~int-outa. Lender will have no obligaifo~ to advance funds under this Agreement If: (a) Borrower or any guarantor ia in default under the terms of this Agreement or any agreement that Borrower or any guarantor has with Lender, Including any agreement made in connection with the signing of this Agreement; (b) Borrower or any guarantor ceases doing business or is ineclvent; (c) any guarantor seeks, claims or otherwise attempts to limit, modify or revoke such guarantor's guaranles of this Agreement or any olher loan with Lender; (d) Borrower has applied funds provided pursuant lo this Agreement for purposes other than Ihose authorized by Lender; or (e) Lender in good faith deems itself insecure under this Agresmont or any other agreement between Lender and Borrower. CONTINUING VALIDITY. Except as expressly changed by this Agreement, the terms of the original obligation or obligations, including all agreements evidenced or securing the obligation(s), remain unchanged and in full force and effect. Consent by Lender to this Agreement does not waive Lender's 06-28-1999 CHANGE IN TERMS AGREEMENT Page 2 Loan No 2771595 (Continued) constitute a satisfaction of the obligattoh(s). It is the intention of Lender to retain as liable parties ell makers ~ endx~sers of tbe, origlnel o~ligatlon(s), including accommodation parties, unless a party is expressly released by Lender in writing. Any maker or endom~, including accomnxxta6on makers, will not be released by virtue of this AgresrnanL If any parson who si0ned the original obligation does not sign this Agreement below, tbert all parsons signing below acknowledge that this Agreement is given conditionally, based on the representation to Lender that the non-signing party consents to the changes and provislon~ of this Agreement or otherwise will not be released by it. This waiver applies not ordy to any initial extansion, modification or release, but also to all such subuequant actions. MISCELLANEOUS PROVISIONS. This Agreement is payable on demand. The inclusion of apacitic default provisions or rights of Lender shall not preclude Lender's right to declare payment ot this Agreement no its demand. Lender may delay or forgo enforcing any of its rights or remedies under this Agreernant without losing them. Borrower and any other parson who signs, guarantees or endorses this Agreement, to the extent allowed by law, waive presentment, demand for payment, protest and notice of dishonor. Upo~ any change in the terms of this Agreement, and unless otherwise expressly stated in writing, no party who signs this Agreemer~t, whether as maker, guarantor, accommodation maker or endorser, shall be released from liability. All such parties agree that Lender may renew or extend (repestedly and tor any length of time) this loan, or release any party or guarantor or collateral; or irr~ir, fell to realize upon or perfect Lender's security interest in the collateral; and take any other action deemed oaoases;y by Lender without the consent of or notice to anyone. All such parties also agree that Lender may modify this loan without the consent of or notice to anyone other than the party with whom the modification Is made. If any portion of this Agreement Is for any reason determined to be unenfomesble, it will not affect the enforceability of any other provisions of thIs Agreement. CONFESSION OF JUDGMEN"I'. BORROWER HEREBY IRREVOCABLY AUTHORIZES AND EMPOWERS ANY ATI'ORNEY OR THE PROTHONOTARY OR CLERK OF ANY COURT IN THE COMMONWEALTH OF PENNSYLVANIA, OR ELSEWHERE, TO APPEAR AT ANY TIME FOR BORROWER AFTER A DEFAULT UNDER THIS AGREEMENT, AND WITH OR WITHOUT COMPLAINT FILED, AS OF ANY TERM, CONFESS OR ENTER JUDGMENT AGAINST BORROWER FOR THE ENTIRE PRINCIPAL BALANCE OF THIS AGREEMENT, ALL ACCRUED INTEREST, LATE CHARGES, AND ANY AND ALL AMOUNTS EXPENDED OR ADVANCED BY LENDER RELATING TO ANY COLLATERAL SECURING THIS NOTE TOGETHER WITH INTEREST ON SUCH AMOUNTS, TOGETHER WITH COSTS OF SUIT, AND AN A'I-FORNEY'S COMMISSION OF TEN PERCENT (10%) OF THE UNPAID PRINCIPAL BALANCE AND ACCRUED INTEREST FOR COLLECTION, BUT IN ANY EVENT NOT LESS THAN FIVE HUNDRED DOLLARS ($500) ON WHICH JUDGMENT OR JUDGMENTS ONE OR MORE EXECUTIONS MAY ISSUE IMMEDIATELY; AND FOR SO DOING, THIS AGREEMENT OR A COPY OF THIS AGREEMENT VERIFIED BY AFFIDAVIT SHALL BE SUFFICIENT WARRANT. THE AUTHORITY GRANTED IN THIS AGREEMENT TO CONFESS JUDGMENT AGAINST BORROWER SHALL NOT BE EXHAUSTED BY ANY EXERCISE OF THAT AUTHORITY, BUT SHALL CONTINUE FROM TiME TO TIME AND AT ALL TIMES UNTIL PAYMENT IN FULL OF ALL AMOUNTS DUE UNDER THIS AGREEMENT. BORROWER HEREBY WAIVES ANY RIGHT BORROWER MAY HAVE TO NOTICE OR TO A HEARING IN CONNECTION WITH ANY SUCH CONFESSION OF JUDGMENT, EXCEPT ANY NOTICE AND/OR HEARING REQUIRED UNDER APPLICABLE LAW WITH RESPECT TO EXECUTION OF THE JUDGMENT, AND STATES THAT EITHER A REPRESENTATIVE OF LENDER SPECIFICALLY CALLED THIS CONFESSION OF JUDGMENT PROVISION TO BORROWER'S ATI'ENTION OR BORROWER HAS BEEN REPRESENTED BY INDEPEN[~ENT LEGAL COUNSEL PRIOR TO SIGNING THIS AGREEMENT, BORROWER READ AND UNDERSTOOD ALL THE PROVISIONS OF THIS AGREEMENT, INCLUDING THE VARIABLE INTERE~I' RATE PROVISIONS. BORROWER AGREES TO THE TERMS OF THE AGREEMENT AND ACKNOWLEDGES RECEIPT OF A COMPLETED COPY OF THE AGREEMENT, THIS AGREEMENT HAS SEEN SIGNED AND SEALED BY THE UNDERSIGNED. BORROWER: X Witness Exhibit CHANGE IN TERMS AGREEMENT Principal I Lo,an Date } Maturity J Loan No J Call [ Collateral Account , Offic. or i Initials Borrower: RobertVtertng, Jr. (SEN: 179-50-4807) 14 Fteidorest Drive Mechanlceburg, PA 17055 Lender: Commerce Senk/Herrteburg, National Association Main Office/Commercial Cost Center P.O. Box ~599 t00 Senate Avenue Camp Hill, PA 17001.8599 Principal Amount: $30,000.00 Date of Agreement: August 20, DEECRIPTION OF EXISTING INDEBTEDNESS. This is a Variable Rate (2.00% over 'COMMERCE BANK/HARRISBURG, NATIONAL ASSOClATION~, RETAIL PRIME RATE', making an initial rate of 11.00%), Dleclosable Revolving Line of Credit Lcen to an individual for $5,000.00 due on June g, 1999. ~, DESCRIPTION OF COLLATERAL Unsanured. ~'~,,~. DESCRIPTION OF CHANGE tN TERMS. Modify Line of Credit Item $20,000.00 to $30,000.00 due on June 9, 2000. PROMISE TO PAY. Robert Vterthg, Jr. ('Sorrower") promteea to pay to Commerce Bank/Harrisburg, National Association ("Lender'), or order, ~ In lawful money of the Untied States o! America, the principal amount of Thirty Thoueand& 00/100 Dollars ($30,000.00) or so much as may be outstanding, together with Interest on the unpaid outstanding principal balance of each advance, Inlerest shall be calculated from the date of r~ each advance un~ll repayment of each advance. PAYMENT. Borrower witl pay this loan on demand, or It no demand Is made, In Dna payment et all outstanding principal plus ali accrued unpaid Interest on June 9, 2000. In addlllon, Borrower will pay regular monthly payments of accrued unpaid Interest beginning September 9, 1999, end ali subsequent interest payments are due on tho same day of each month alter th~. Interest ~'~ this Agreement is computed ~n a 365/365 simpte Interest basis; Ihat ia, by spp;ythg the milo of the annual interest rate over the number of days in a year, multiplied by the outstanding principal balance, mul~ed by the entuel number of days the prinoipal balance is ou~stending, l~3m:)wer will pay Lender at Lender's address shown above or al such other piece as Lender may designate in writing. Unless otherwise agreed or required by ap~lcabte law, payments will be ap~iad first to any un~oald collantion costs end arty late charges, then to any uf~pald interest, and any remaining amount to prlncipef. ~.- VARIABLE INTEREST RATE. The interest rate on this Agreement is subject to change from time to ti..m~,, based On changes in an index which is the 'COMMERCE BANK/HARRISBURG, NATIONAL ASSOCIATION RETAIL PRIME RATE' (the 'index ). The Commerce Bank/Harrisburg, Natior~_. Assuciallon Retail Prima Rate, harainalter refer;ed to as 'Commeme Bank Prima' shall be that rate which Lender establishes as its Prime Rate, whether or not published. The establishment and publication of Commerce Prime Rate by I..e~r shall not in any way preclude or limit Lef~er tr~m lending 1o cehain borrowers, from time lo time, at e rate o/interest tess than the Commerce Bank Prime Rate. The Appllcebla Rate of interest shall change on the date on which any change in the Cun'~nema Bank/Harrisburg, National Association Retail Prime Rate shall become effective. When said interest rate changes on a day other than a payment due date under this Note, interest shall be calculated on a par diem basis for such mnoth. To the extent permitted by Pennsylvania law, ~leresl shall be calculated by the method known as the "Banker's Rule' using the actual days the principal balance is outelanding hereunder divided by 360 days and mulflfflted by the then eppllcat~e rate of hterest described herein; provided, however, that Io the extant such calculation Is not pem~ded by Peonsy~venia law, interest hm'eunder shall be calculated o~ the basis of a 365 or 366 day year, as the case may be. Lender ~ tell Borrower the current Index rate upon Borrower's request. Borrower undemtm~da that Lender may make loans based on other rotes es well. The interest rate change will not ocour more often Ihan each day. The Index currently te 8.750% per annum. The Interest rate ID be applied to the unpaid principal baterrce of tiffs Agreement will be et a rate of 2.000 percentage points over th( Index, reaultthg In an Initial rate of 10.750% per annum. NOTICE: Under no cimumefances will ~ha interest rate on this Agreement be more than the maximum rate allowed by apl~icable law. Unless waived by Leflder, any thoreeaa ~ t~e lutereat rata will Increase the amounts of Eorrower'a interest payments. PREPAYMENT. Borrower may pay without penally all or s podidn of the amount owed earlier than II is due. Early payments will not, un)ess agreed to by Lender in writing, relieve Borrower of Borrower's obligation to continua to make payments of accrued unpaid interest. Rather, they will reduce the principal belance due. DEFAULT. Borrower will be in default tt any of the fo;lowing happens: (al Borrower faits to make any payment when due. (bi Borrower breaks any promise Borrower has made to Lender, or Borrower tails to comply with or to perform when due any other term, obligation, covenant, or cunditlun contained in this Agreement or any agreement related to this Agreement, or in any other agreement or icon Borrower has with Lender. (c) Borrower deteults under any loan, extension of credit, security agreement, purchase or sales agreement, or any other agreemant, in favor of any other creqtio~ or parson that may materially aitect any of Borrower's prof~dy or Borrower's ablllly to repay thte Note or padorm Borrower's Obllgetions under this Note or any el the Related Documents. id) Any representation or statement made or furnished to Letter by SorrOwer or on Borrower's behalf is false or misleading in any material respect etiher now or at the time made or fumishad. (el Borrower dies or becomes insolvant, a receiver is appointed Ior any part of Borrower's property, Borrower makes an aesig~rnent for the benefit of creditors, or any proceeding is commenced either by Borrower or against Borrower under any bankruptcy or Ir~oivenoy laws. {fl Any cradler tries to take any of Bon'ower's property on or in which Lender has alian or security interest. '~his includes a garnishment of any of Borrower's accounts with Lender. (gl Any of the events dasor;bed in this default section occurs with 'esbect to any guarantor of this Agreement. (hi A mateFml adverse change occurs in Bo;rower's financial conditicn, or Lander believes the prospect of ~ayment or bedormanoe of the Indebledness is impaired. (il Failure to malt the deadlines required in the Year 2000 Compliance Agreement to be Year ~ Compliant or a reasonable ilkeflhnod that Borrower cannot be Year 2000 Com~iant on or before Decem~cer 31, 1999. (J) Lender in good faith learns llself insecure. ~ any default, other than a default in payment, iS curable and if Borrower hal not been given a notice of a breach of the eama provision of this ~greemont within the preceding twelve (12) months, it may be cured (and no evonl of deteuft will have occurred) if 8orrower, alter receiving written otice from Lender demanding cure of such deteu~. (al cures the deteult within fifteen (15) days; or (bi it the cu~'e requires more than llitean (15) days, r~'~diate~y initiates steps which Lender deems in Lender's ecte discretion to be suitlciant to cure the deteutt and thereafter co,§noes and ~'~olates ail ~esonable and necessaqf steps sufficient to produce compliance as seen as reasunably practical. ENDER'S RIGHTS. Upon default, Lender may, after giving ouch notices es required by ap~lcable taw, dacia;e the entire unpaid principal balance on is Agreement and all accrued unpaid Interest immediately due, and then Borrower will pay that amount. Lender may hire or pay someone elsa to ~lp coll~t this Agraemant it I~=rrower does rtnt pay. Borrower also will pay Lender that amounL This includes, subject to any limits under applicable v, Lender's attorneys' fees and Lender's legal expenses whether or not there is a lawsuit, Including attorneys' fees and legal expenses Ior bankruptcy ~ceedings (including efforts to modify or vacate any automatic stay or ~junctin~), appeals, and any anllclbated ~t-ludgment c~lantion services, if I prohibited by apl~lcable law;' Bom:)wer also ~ pay any cond ousts, in edditidn to ail other aoms provided by taw, If judgment is entered in ~ecllon with this Agreamant, intereat will co~ince to accrue on this Agreement attar Judgment at the interest rate ep~iuable to this Agreement at fha e judgment is entered. This Agreement hea b~en delivered to Lender and accepted b7 Lender In the Commonwealth Of Pennsylvania. ~f ~ra ia · tewlult~ Borrower egrsol upon Lender's request to lubmll !o the Jurtedtetlon of the courts of Cumberland County, the mmonweaith of Pennaylvente. Thte Agreement shall be governed by end construed In eceordsnce with the laws of the Commonwealth of ln~ylvente. iHT OF SE'I'OFF. Bomb, er grants to Lendara cort~rectoal security interest in, and hereby assigns, conveys, delivers, pledges, and transfers to der all Borrower's right, I~e end interest In end to, Borrower's accounts wilh Lender (whelher checking, savings, or some other account), including ~out llmitell<x~ all ecco~tte held joinlly with someone else and all acco~-~ts Borrower may o~an ~ the futom, excluding however all IRA and Keogh 3unis, and all Irust accounls for which the grant of a security interest would be prchlblled by law. Borrower authorizes Lender, to the extent nitted by ap~lcable law, to ohs;ga or eatoff all sums owing on this Agreement against any and all such accounts. ; OF CREDIT. This Agreement evidences a revolving ilne of crediL Advanoes under this Agreemanl, as well aa directions f~' payment Item ower'e accounts, may be requested orally or in writing by Bo'rower or by an authorized person, lender may, but need not, require that all oral eats be confirmed in writing. The tollowing perb/or, parties are authorized to reduaat edvanoes under the line of credll until Lender receives from 3war al Lender's address shown above wrillen nollce of revoual~'t of their authorlly: Robert Vlorthg, Jr., Euefnesa Individual, Borrower agrees , liable for ail sums either: (al edvanoed in accordance with the instrucllons of an author]zed person or (b) credited to any el Borrower's accounts Lender. The unpaid principal balance owing un thio Agreement at any lima may be evidenced by endorsements on this Agreement or by er's thtemel records, Inc}uding daily computer print-outs. Lender will have no obligetiou to advance funds under this Agreement If: (al Borrower y guarantor ia in default under the terms of this Agreement or any agreement that Borrower or any guarantor has with Lender, including any ~ant made th cort~ction wl~ the signing of this Agreement; (bi Borrower or any guarantor (:eases doing business or is insolvent; (c) any ntor seske, ciairns or olherwlse attempts to limit, modify or revoke such guarantor's guarantee of this Agreemant or any other loan with Lender; ~rower hea applied funds provided pursuant to this Agreamant for purposes other than these authorized by Lender; or (el Lerx~r h good teith ~ itself insecure under this Agreement or any other agreement between Lender and Bom3wer. ~INUING VALIDITY. Except as expressly changed by this Agreement, the terms of Ihs original obligation or obligations, ~ciuding ail agr~ ~ced or sanuring the ohilgetlon(s), i'emaln unchanged and in ~ force and effect. Consent by Lender th this Agreement does not waive Larder's ~ strict pedormance of the obligation(s) es chan[ted, nor obli~ats Lender to make any f;~;m cham~e in ferrns. Nothing in this Aclreement will 08-20-1999 CHANGE IN TERMS AGREEMENT Page 2 Loan No 2771595 (Continued) constitute e satisfaction o! the obllgati~(s). It is the intantion ol Lender to retain as liable parties eli makers and endorsers of th~eriginat pl~igalion(s), inoluding accommodation parth~.s, u~ese a party is expressly released by Lend~ in writing. Any maker or endorser, including accommndatkTn makers, wilt not be released by virtue of this Agreement. If any parson who signed the original obligation does not sign this Agreement below, then all parsons signing below acknowledge that this Agreement is given conditionalty, based on the representation to Lender that Ihs non-signing party consents to the changes and provisions of this Agreernonl or o~herwise will not be released by it. This waiver applies not only to any initial extension, modification or release, but also to eli such sub~eduerff actions. MISCELLANEOUS PROVISIONS. TI'~IS Agreement is payable on demand. The inclusion of specilic deleult provisions or rights of Lender shall not preClude Lender's right to deClare payment of this Agreement on its demand. Lender may delay or forgo enforcing any of its rights or remedies under this Agreement without losing thom. Sorrower and any other parson who signs, guarantees or endorses this Agreement, to the extent alk~wed by law, waive presentment, demand for payment, protest and nolice of dishor~or. Upon any change in the terms ol this Agreement, and unless otherwise expressly stated in writing, no parly who signs this Agreement, whether as maker, guarantor, acc(xnmodetion maker or endorser, shall be released from liability. All such padies agree that Lender may renew or extend (repeatedly and Ior any length of time) this loan, or release any party or guarantor or collateral; or impair, fail to realize upon or perfeCt Lender's seCurity interest in the cotistaral; and take any other action deemed necessary by Lender wilY~ut the consent of or notice to anyone. All such parties also agree that Lender may modify this loan wi'~r~xJt the consent ol or notice to anyone other than the party with whom the modification is made. if any portien of this Agreement is tot any reason determined to be unentomesble, it will not affeCt the enfomesbility ot any other provisions of this Agreement. CONFESSION OF JUDGMENT. BORROWER HEREBY IRREVOCABLY AUTHORIZES AND EMPOWERS ANY ATI'ORNEY OR THE PROTHONOTARY OR CLERK OF ANY COURT IN THE COMMONWEALTH OF PENNSYLVANIA, OR ELSEWHERE, TO APPEAR AT ANY TIME FOR BORROWER AFTER A DEFAULT UNDER THIS AGREEMENT, AND WITH OR WITHOUT COMPLAINT FILED, AS OF ANY TERM, CONFESS OR ENTER JUDGMENT AGAINST BORROWER FOR THE ENTIRE PRINCIPAL BALANCE OF THIS AGREEMENT, ALL ACCRUED INTEREST, LATE CHARGES, AND ANY AND ALL AMOUNTS EXPENDED OR ADVANCED BY LENDER RELATING TO ANY COLLATERAL SECURING THIS NOTE TOGETHER WITH iNTEREST ON SUCH AMOUNTS, TOGETHER WITH COSTS OF SUIT, AND AN ATI'ORNEY'S COMMISSION OF TEN PERCENT (10%) OF THE UNPAID PRINCIPAL BALANCE AND ACCRUED INTEREST FOR COLLECTION, BUT IN ANY EVENT NOT LESS THAN FIVE HUNDRED DOLLARS ($500) ON WHICH JUDGMENT OR JUDGMENTS ONE OR MORE EXECUTIONS MAY ISSUE IMMEDIATELY; AND FOR SO DOING~ THIS AGREEMENT OR A COPY OF THIS AGREEMENT VERIFIED BY AFFIDAVIT SHALL SE SUFFICIENT WARRANT. THE AUTHORITY GRANTED IN THIS AGREEMENT TO CONFESS JUDGMENT AGAINST SORROWER SHALL NOT BE EXHAUSTED BY ANY EXERCISE OF THAT AUTHORITY, BUT SHALL CONTINUE FROM TIME TO TIME AND AT ALL TIMES UNTIL PAYMENT iN FULL OF ALL AMOUNTS DUE UNDER THiS AGREEMENT. BORROWER HEREBY WAIVES ANY RIGHT BORROWER MAY HAVE TO NOTICE OR TO A HEARING IN CONNECTION WITH ANY SUCH CONFESSION OF JUDGMENT, EXCEPT ANY NOTICE AND/OR HEARING REQUIRED UNDER APPLICABLE LAW WITH RESPECT TO EXECUTION OF THE JUDGMENT, AND STATES THAT EITHER A REPRESENTATIVE OF LENDER SPECIFICALLY CALLED THIS CONFESSION OF JUDGMENT PROVISION TO BORROWER'S ATTENTION OR BORROWER HAS BEEN REPRESENTED BY INDEPENDENT LEGAL COUNSEl.. PRIOR TO SIGNING THIS AGREEMENT, BORROWER READ AND UNDERSTOOD ALL THE PROVISIONS OF THIS AGREEMENT, INCLUDING THE VARIABLE INTEREST RATE PROVISIONS. BORROWER AGREES TO TNB TERMS OF THE AGREEMENT AND ACKNOWLEDGES RECEIPT OF A COMPLETED COPY OF THE AGREEMENT. THIS AGREEMENT HAS BEEN SIGNED AND SEALED BY THE UNDERSIGNED. BORROWER: Witness Exhibit E ,, CHANGE IN TERMS 'AGREEM Pr/ncipa~ Amount: $50,0~,00 Date of Agreement: Februa~ 25, 2000 o~*.25-2ooo ~i~;' CHANGE IN TERMS AGREEME~, Page 2 Loan No 2771595 ' {' :~ (C~)ntlnuad) Exhibit F COMMERCE BANK/HARRISBURG, : Plaintiff Yo ROBERT VIERING, JR., Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION NO. AFFIDAVIT OF Al)DRESS AND INCOME AND VERIFICATION OF NON-MILITARY SERVICE I, David C. Amsden, being duly sworn according to law, depose and say that: 1. I hold the title of Vice President/Asset Quality at Commerce Bank/ Harrisburg, N.A., the Plaintiff in this action, and I am authorized to make this Affidavit on its behalf. 2. Defendant is Robert Viering, Jr., an adult individual. 3. To the best of my knowledge, information and belief, the income of the Defendant exceeds $10,000 per year. 4. The address of the Defendant is 14 Fieldcrest Drive, Mechanicsburg, Pennsylvania 17055. 5. To the best of my knowledge, information and belief, Defendant is not in the military service of the United States, nor any state or territory thereof, or its allies as defined in the Soldiers' and Sailors' Civil Relief Act of 1940 and amendments thereto. IN WITNESS WHEREOF, I have hereunto set my hand and seal this 20th day of December, 2000. David C. Amsden Vice President/Asset Quality Commerce Bank/Harrisburg, N.A. COMMONWEALTH OF PENNSYLVANIA : :SS. COUNTY OF CUMBERLAND : On this 20th day of December, 2000, before me, the subscriber, a Notary Public in and for the Commonwealth of Pennsylvania, personally appeared Guy P. Beneventano, Esquire, who being duly sworn according to law says that he/she was personally present at the execution of the foregoing instrument and he acknowledged that the said instrument was duly executed by David C. Amsden, for purposed therein contained and in the capacity therein stated, and that the name of this deponent and of said David C. Amsden subscribed to the said instrument are of their respective handwritings. e eve tano, Esquire Sworn to~d subscribed before me this ~ay of ?~5~ ?' ,2000. WITNESS my hand and Notarial Seal t~e da~ and year aforesa2· Notarial Seal Margaret L. Boy(t, Notary Public Susquehanna Twp., Dauphin County My Commission Expires June 27, 2004 Member, PennsyivaniaAsS°~at[°n ot Notades