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Home My WebLink About10-5324 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PNC BANK, NATIONAL ASSOCIATION, Plaintiff, CIVIL DIVISION NO. Ib- sznO CiViITPtr+ vs. ) o HARRY I. MORRIS, ? Defendant. ) Co CONFESSION OF JUDGMENT Go Pursuant to the authority granted in the Warrant of Attorney contained in the Note, the undersigned attorney hereby appears for Defendant and confesses judgment in favor of Plaintiff, PNC BANK, NATIONAL ASSOCIATION, and against Defendant, as follows: Principal Debt Interest through 7/15/2010 Attorney's Commission Total $ 39, 582.20 677.24 8,051.88 $ 48.311.32 r By: ? Donna M. Donaher, Esquire Attorney for PNC Bank, National Association -ian.6O Po A-MY 0_ it na 48 et avG767 N[o+W IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PNC BANK, NATIONAL ASSOCIATION, CIVIL DIVISION Plaintiff, NO. vs. HARRY I. MORRIS, Defendant. COMPLAINT IN CONFESSION OF JUDGMENT Filed on behalf of Plaintiff, PNC Bank, National Association Counsel of Record for This Party: Donna M. Donaher, Esquire Pa. I . D. #53165 TUCKER ARENSBERG, P.C. Firm #287 1500 One PPG Place Pittsburgh, PA 15222 (412) 566-1212 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PNC BANK, NATIONAL ASSOCIATION, Plaintiff, CIVIL DIVISION NO. vs. HARRY 1. MORRIS, Defendant. COMPLAINT IN CONFESSION OF JUDGMENT AND NOW, comes the Plaintiff, PNC BANK, NATIONAL ASSOCIATION, by and through its counsel, Tucker Arensberg, P.C., and files this Complaint confessing judgment in its favor, stating as follows: 1. Plaintiff, PNC BANK, NATIONAL ASSOCIATION, ("PNCB"), is a national banking association organized and existing under the laws of the United States of America and a citizen of Pennsylvania, with its main office located at Fifth Avenue and Wood Street, Pittsburgh, Pennsylvania. 2. Defendant is Harry I. Morris, whose last known address is 590 Lucinda Lane, Mechanicsburg, Pennsylvania 17055-5366. 3. On May 1, 2001, Defendant submitted to Plaintiff an Application for a Business Line of Credit. A true and correct copy of the Application is attached hereto, incorporated herein and label Exhibit "A". 4. Pursuant to the terms of the Application, the Defendant agreed that should the line of credit be granted, they would be bound by the terms and conditions of the Business Line of Credit Agreement. 5. On or about May 3, 2001 the Plaintiffs did notify the Defendant that a business line of credit in the amount of $40,000.00 would be extended. 6. On or about May 3, 2001 the Plaintiff did provide the Defendant with the Business Line of Credit Agreement ("Agreement") containing the terms and conditions of the line of credit. A true and correct copy of the document is attached hereto, incorporated herein and labeled Exhibit "B". 7. The Application and Agreement shall hereinafter be jointly referred to as "Note". 8. There has been no assignment of the Note. 9. Judgment has not been entered on the Note in any jurisdiction against the Defendant. 10. The judgment by confession sought by PNCB in this Complaint is not being entered against a natural person in connection with a consumer credit transaction. 11. By Warrant of Attorney contained in the Note, Defendant authorized entry of judgment by confession. 12. Pursuant to the Warrant of Attorney executed by Defendant, Defendant waived the benefit of all laws exempting real or personal property from execution. 13. Pursuant to the Warrant of Attorney contained in the Note, judgment may now be entered against Defendants as payment on the Note was not made when due thereby creating an event of default under the Note and accelerating all amounts due thereunder. -2- 14. Under the Note, the following amounts are now due by Defendant to PNCB: Principal Debt Interest through 7/15/2010 Attorney's Commission Total $ 39, 582.20 677.24 8,051.88 48.311.32 15. Under the terms of the Note, Defendant is liable to PNCB for attorney's commission of ten (10%) percent for collection. WHEREFORE, Plaintiff, PNCB, demands that a judgment be entered against Defendant, Harry I. Morris, as authorized in the Warrant of Attorney contained in the Note, in the sum of $48,311.32 together with interest and costs of suit. Respectfully submitted, TUCKER ARENSBERG, P.C. By: cam-- Donna M. Donaher, Esquire Pa. I.D. #53165 1500 One PPG Place Pittsburgh, PA 15222 (412) 566-1212 Attorney for PNC Bank, National Association -3- (Page 38 of 47) Business Banking Loan QDO gof use this application for Real Este Loans.) (For Requests of $100.000 L w) PNC BANK For Bank Use Only ranch nasar Natoa !nth Number Mortal and ftl O( .S4= Business Information Concerning the Borro,.,vLr Busi NanN - T as Addr•p •• - Ph•ee Number FAIL N 'QY-LXAWAW,4J A 6- 70- 36K alk 1717 73-0 1 ( ?v Casualty ax X70//- atw• rsasr Vow Established • B•Wallan Wrat i ' ? _ $ rw of olow r•ti•n W(A". ? S. Corp. ? Sole Prop. ? Pannership ? Limited L•abititr Co. ? Limited Partnership rm Chulce Credit Line ? Secured Linc MiioiirM a Ire Pam d@Wgibe ? Choice Credit Term ? Secured Loan I $ 40 000. Co¦wee" 0 Equipment ? Business Assets ? Stock%%Gmis (CUSLP # Required) vaaa ? Vehicle ? CD# ? other Will the proceeds of the requested loan be used in whole or in part to refinance. repair. rehabilitate. remodel or improte a dwelling or the real propert on which it is located'- ? Yes ? No If the anasYr to this uestion is'Yes". a "Loan Pu " naimiloring 1 1, to be completed. Ovmer 1 Ow"W 2. - T& Choice Credilia for Butness loan requires the personal attamatp of the Glower(s) exWor priadpid(s). Use additional aWkafions if ssrcustrp. Dale of M Name eta PhD A Title Pat tofownrs ' No1nMto Y•araa 10wnraNp Pwcsm of Ownership Number Yaara Ownrship d ? 57. 96 Haan M1G e•n ar eta TWv Addrew roan r Addisaw, r .t. .. l7a6y' SOauNlrNunber y np oxminem Social Sociality umber mhry Mon"" aaWRan1 s zoo , oo s r4au,.,pr..r w ?y+? s..:.r.+...•.:....... rrd?nf'?7°'- ds nd theale le Amr Y teilfiikrrd a a !coif Jbr r,p¦Rnl! IA4 AIRx• dr set Mcrae N We i (OIISNffNll N Q fglr?br INS lean. IB1t lost Income As fitilsorted On fialwall R Mum AWMIO ON nr.UMG As sivicarism Was redone 1 an missiles $ 76 F '049 G Year: 7.00 U - A12 in $ Year.. Asset nsrship: J w Jolat A . Applicant On (Please Provide name below if'ointl owned .) . Personal Assets Penitowaat Llabil ldp Personal Asse ts J1A Personal I.labil ititra LIM a6 Made, mwal fundrl ha•nal ttanrara Balance Q lea a oh atoc•a, mw•al lunar °O /alaie• ~ R•dranwa " oma Equdyselanceai a Mail rard Assets Florae EquityaatancefLine . 11RA? 40116 amw7n1 UnW rFlrd lmn aalsKa IMW 401L OMNAWA LMit or read Lan Balances Paaorel Raidanca 244 eWaamerd BeWsas IMa4 Slrrdarrl edtl RAidarrn dala¦mwd Blom" IAata. Stidsft amt Yirvttrrrera tl•aF Estero inCrMCardSolo" dudas Pamper Cr•dt Walt Ynmrcrrrara ROW few* doamnm albryodes Pea. COO Uned VVW1h Br'wastwnad .?. /l1 fordirgardLiabiWia Bmtra Watch of O/o her tAertpa¦aa. Ta»s. ahr Assets Protiantr tdon¦pm Team etc) edc Beau Total Aaata Z Total L%MROa Ap yd Tout Manse TaW WMI(las un wom WF ¦iDRl11 {roil Mrar•Ted tiWiliFasl 40 ,Sy •Od Roan Aaeaa•TeW ltatltxrF Pteme sisaerfie Yes N J Yes No 1 Late vu ever declared tan tcy? ........................ t you ever declared bankniptcy? ....................... Do you has a law rules pending against twr................ hates law suits pending ' - w ? .... :......... , W you arc arw taws that are pan doe? ..................... 171 Imn You are any axes that ale past due? .................... 1 late you ever defaulted on a loan? ........................ U you t ever dirfeshed on a loan? ........................ Dayou ham a other credit a liL7tiNn pending? ........... have either credit applications pending? ........... Dues %our business hate unsecured credit at other itlstitudow?... btsimm halt anseantd aeck at other institutiom? .. L) Ll +drDdfarAawaat(f) l?ddlmnaRd7Wsr lmtifdioiriidw,.) Ea U err. i& DdlarAsseatd($) liss#LwdldadNewe lmtitafialsk1aR) Ile rnoud 0a ama of lmth wn u Dollar Amount LleMaao Nam on you aawr•d yes to cry the abaw questions or best chocked earaly aarwd. xi ;dour Addi i l t ona provide the redo-ins a mwinal infmmus;on if your appt: -e- combined wilt your total business loam with PNC Bank NA. ('!lank-) u: $1104.4111111 or has: business 71 as )for all RiadpahlGuamntom seem" dm m f 100.000: Business Tax Raircn (7 yrs.). Personal l'ax Return (1 rrJ EXHIBIT Off far all Rinnpawcuansneam if die Applfean Is o Not-for-Profit orpeadandon. plaa• provide Dependent on the complexity of the loan request. Bank may, teapdre additonat idormanon. In FORMlIM74M An^sr*'•^I• Continued On Back I I A 1 a a a x c m n s V t Y r a s a I s i 0 a K ¦ ¦ z ¦ se a (Page 39 of 47) t = 1 . . ,. LINO! l?h? ? Te, t vgot f)readraft raaeaiou fsr!rl PNC frdc CbiorAAmlat tio: • . : Y : `:<r •.t . _ r- ?+rr ` ' ?1/?wii?W?if?iQd?l?o?f6rD1?ItSGAawlt?? •. ( 9R1Ao a? t /lo? NN 6 A f i d D II I tl O(11 ir ci (} dir 9 i k co ar m o. or Y of f t C I C O ? , . ? :.lt re .+ ?a. y rJ? = 1. " 7te aendsr rtr ie rrssti Olds no iY o1Mw- Cdr i rseadr rMY ii spdmmilr re we is w ? d = •rFtICANt 9TRW AIL WAN Mme/ MILL!! ltim ?R Sam N?!!O@066Tiem'Ap?fed'rireAMei?Ysi?eBeiissllgps) y? f d l ' ' si' i t d W I n h 's a d ? r? 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AppseiaCie. wplq rriis ww siepad y ii#ppiaNll ford dYYeeaelR ale i li Lee Ftfl[iNEatgOLyL>:,7wadldiealowrrda8aabriaiidrafprd. oai. efeR aai !re sa Yew wolfed w 1Wod; eNd All, ddr NO wA atwreartmdm wpriedpasNr dda asmi item aYi deGa aaj Irar apatweR, wee ?1dy? ap?b ad tesavar, reaM'ada? wet .. rwad rYR aaeesaaNYeMafddiaCa d rj IV " . y }ra r{ S A WJE tar dadreap tiWliq dte fact r aoafs}yarc apiwc IY! fSeNraY? Ylref • . KIM, w . . a?s8learrberwe81ebp1YeCalparr4l.drcla!?Lr - : D A i i •1 i (Page 8 of 47) QDPNCBAN< BUSINESS BANIONG LINE OF CREDIT AGREEMENT c: !., Borrower HAMPTON CONSTRUCTION LIMITED INC PO BOX 3118 + SHIREMANSTOWN, PA 17011-3119 1 -. Bank: PNC Bank, National Association Ll 4242 Carlisle Pike + Camp Hill, PA 17001-8874 Maximum Credit: 540,000.00 Annual Fee: S 175.00 (WAIVED FOR IsT YEAR) Initial Index: 7.50% Margin: 0.009/6 Initial Rate: 7.50% Date of Loan: MAY 3, 2001 Borrower's form of organization: O Sole Proprietorship E3 General Partnership p Limited Partnership ¦ Corporation p Subchapter S Corporation ? Non-Profit Corp. p Limited Liability Company State of Organization PENNSYLVANIA Borrower's Tradenames or Tradestyles: Other Locations of Borrower's Business: -I- EXHIBIT B (Page 10 of 47) BUSINESS BANKING LINE OF CREDIT AGREEMENT TERNIS AND CONDITIONS We are pleased to have you as a customer and to provide you with a co" of these tams and conditions (the -reams and Cond'itions') governing the line of ciodit ('Line') provided to you by us. These Tema and Conditions are an ireportant part of )twr Business Banking Bite of Ctodk Agreement- A supply of chocks to enable you to begin using your account will be mailed to you shortly. Please read these temps and Conditions i carefully- Your use or acceptance of any Line proceeds will he deemed evidence of your agmemet to time Tema and Conditions. ' 1. DEFIN ITIONS. In this Agreement. the following definitions apply: -Agreement" means this Business flanking line of Cmdit Agreement and any amc dmau or addendum to this Agnocnutat. "We." "us;' "ant" or "Batik" means the Bank iderdifted on the first page of this Agreement or any pawn or entity to whom the rights "- of the Bank have been assigned. L: "You," your,' -yours" or "Borrower" mans the individual(s) or crairAks) identified on the first page of this Agreement who have r applied to the Dank for the line, for whom an account has been approved and who are listed above as a BonoweT. "Bitliag C)elc" means the intesval between the daps on which monthly statements are p m, red. -Expiration Date7 shall be the date which is one year Gan the Date of loan shown on the Piet page of this Agnocmett, or such later date as may be designated by written notice from to to you. -Maximum Credit Umir ex-Maaimum Credit" meant the total dollar amount of credit available to you from time to time, the initial amount of which is identified an the fins[ page of this Agmeman. -Pa)mcw Due Dote" means the date which will appear each month as the "Payment Due Date on the billing statemat. The Payment Due Date will be determined by the Bank at the Bank's discrelion. 'Terminatiem' means that you will no longer be able to obtain loons or any extension of credit on this accotmt. Termination affects the account permanently. 2. GENERAL DESCRIPTION OF THE ACCOUNT. This account is a revolving line account, sometimes called a line of Credit. It is imcneled to be used only for business purposes. You mpresaat (hat it will not be used primarily for pasowl. family, or household purposes. You may obtain bans on this account in the ways described in the "Account Privileges" section of this Agreement up to the Maximum Credit limit mail this account is tern inated. Interest will be charged on the outstanding principal balance at a rate the nay change liom time to time. Each new rate win apply to the outstanding balance on your account and all new hot. wings until the rate changes again ]. AUTHORIZED SIGNERS. In the Agreanem, you are to designate the penat(s) who ate authorized to write cheeks or obtain funds from this account by any other means as we may. from time to time, permit without the signature or aafonmxnt of any other Borrower. Any one of the authorized signers may act alone. If mone than one name is identified as Donower, each individual Borrower named has authority to write checks or obtain funds from this account by any other means as we nary. from time to time, permit without the signature or eadoesarrrnt of any other Borrower. We may honor drafts drawn by an authorized signs ever if the dtafls ate made payable to the sigox. to cash, or for deposits to the authorized signrr's personal account. We have no duty to investigate or question the application of line foods. We may refuse to honor drafts or requests for foods if we ate uncertain as to anyone's continuing authority to act as an authorized signer. of if the signature on a draft does not appear to be that of an authorized signer. 4. HOW YOU AGREE TO THE TERMS OF THIS ACCOUNT. Applying for the line, using your account or permitting someone else to use your account constitutes your agreement with us to be Itonrnd by this Agreement. S. ACCOUNT PRIVILEGES. We have established this account for you with a t?taxitmxn Credit limit in the amount set forth on the first page of Ibis Agreement which nay change Item time to time emd. which will appear on your monthly billing statement. You may use this credit to obtain loans from time to time until the Expiration Date by writing cheeks given by us to you for that special purpose in amounts of not less than SI,0W.00 or by using other methods which we may permit. You may not use this account to take payencras an this orally other PNC Bank account. You may continue to obtain loans until this account is terminated or the Expiration Date. whichever is earlier. You authorize in to etnege this account for all ehmkt your write on th[s account. for bans you awke and for brraet and any aher amourts which you epos in this Agreement to m. If you We the checks which ilere aim 10 you to obtain ltttitls fmin dds lrcotmt. or stm wee has oblaincd Ihttn without your patniaion, you fag leR us it meffialely. You ackIII]WiodBC and aFe[ Ilia In ft0 CM will WC Ile butler ally ohgsgion to tallcm or rcmw its account beyond the initial Expiration Date. -2- (Page 12 of 47) We ap m to pay cbmks which arc dated, drawn and issued tin this account by you prior to the cadier of the termination of this account tw the Expiration Date. We are not obligated to pay checks that cause your balance to exceed your Maximum Credit Limit. We are net obligated to pay any checks dated, drawn or issued by you or received by us after this account is terminated, it your balance exceeds Sony Maximum Credit limit, or if your chocks have bee reported lost or stolen. You agree that the only checks tot you will write to make bvus frons the acutun will be those, issued by us for that special purpose. 6. OVERDRAFT PROTECTION. if you does Overdmft Protoctiom for this account, we will make a deposit to the business checking account with us designated by )oar whenever a withdrawal is made from that choking account, either by writing a check from the checking account or in some other way, in an amount which is mote money thin the balance in that checking account. The amount which we will deposit will be the amours by which the withdrawal exceeds the balance in the chocking aaoun, rounded up to the nett whole 51.00; however, the amount which we will deposit will not be less than 550.00. We will charge the amount of the deposit as a ban from this account. We do not have hr make a deposit to the checking account its deposit will cause die balance of obis account to exceed the Maximum Credit Limit or would vi latc this Agreement. Checking account checks which are resumed will be subject to our regular overdraft charges. 7. YOU AGREE: a) no to write checks for less than 51,000.00; b) to repay all amounts adze cd hereunder together with interest as provided in" Agreement; C) not to make kwxs from this account which will cause the outstanding balance on this account at any time to exceed the Maximum Credit Limit which our have now approval or may approve at any lime in the future; dl to immediately pay the amount of any bans in excess of the Maximum Credit Until; e) to give us such firuncial statements as we may request fiom rime to time, f) to pay us costs of collection. including coon costs and reasonable legal foes and expenses allowed by law, if we refer yxwr account to an attorney for collection; g) not to give us filse information or signatures at any time or to anyone who is not a Borrower use this account; h) to pay a Late Charge, as provided in this Agneemmt. for each month am payment is not made within fifteen (IS) clays of its Payment Due Date; and i) to lanor any anti all other promises that you make in this Agreement. S. SECURrrV INTCRCST. Money on deposit with us and property held by us secure bans made under this Agreement; collateral securing other obligations to us may also secure bans under this Apoerrto . 9. INTEREST. The interest rate on the dine is subject to change from time to time based on changes in an independent index which will be the highest Prime Rate published in the "Money Rata" section of The Wall Street Journal for the last day of the preceding calendar month which rs rrponal l the "Indeed ?. The Index is not necessarily the lowest We we charge on our loans. If the Index becomes unavailableduring the term of this accoum, we may designate a substitute indes after ratifying you. We will tell you the cutcnt Index rate upon your request. You understand that we may provide lines of credit ad bans based on other rata as well. The interest rate change will not occur more, often thvt each month. The ides for a Billing Cycle is determined on the fast day of that cycle based on the Index for the last day of the preceding calendar month which is teponed. The cumms index is set forth on the first page of this Agreement. The interest race to be applied to the unpaid principal balance of this account is detarninod by adding a number of percentage points film -Margin-) to the Index. This Margin is sec fonh on the first page of this Agreement, as is the initial interest rate for the account (the index rate plus the Margin). Interest on the principal balance of (oats outstanding on this account is computed on a 365360 simple interest basis; dal is, by applying the ratio of the annual interest ate on the first day of the Billing Cycle over a year of 360 days to obtain a daily periodic rate, multiplied by the avenge daily principal balance during the Billing Cycle. multiplied by the actual number of days in the Billing Cycle. Under no eircwmsunces will the inered rate on this account be more than the maximum fate allowed by applicable law. 10. MONTHLY INTEREST PAYMENTS. You agree to pay the accrued and unpaid interest on this account each month on the Payment Duc Datc. Your payments must be sentto us al the addres s shown above or at such other place as we may designee in writing. Unless oherwise agreed in writing or mpuinal by applicable law, payments will be applied fist to any accrued unpaid initaest. then to principal, and any remaining amount to any unpaid collection costs and any late charges. It. LATE CHARGES. If you fail to pay us the payment due by the payment dine date reflected on your monthly statement. we may charge you a Late CFurge of St oo or 5% of the amount past due, whichever is less. 11 AUTOMATIC PAYMENT. You agree to maintain a business chocking account with us during the terra of this Agreement. You aulhmim us to deduct your monthly payments on the account from the chocking account automatically. If them are insufficient collected and available ftuals in the checking account. we will not be required to advance funds to cower the payment. We reserve the right to terminate the aatamnic Mviem service at any lime. with or without cause. 13. PREPAYMENT. You may pay without penalty all or am portion of the amount owed earlier than it is due. Eady payments will not relieve yew of your obligation to continue to make payments of accrued unpaid interest. Rather, they will reduce the principal balance due. -3- (Page 14 of 47) 14. MONTHLY STATEMENTS AND CHECKS. We will scrap you a monthly statement for each billing cycle in which activity is posted to this account or if there is a debit or credit balance of more than S 1.00 or for any billing cycle in which we impose interest. The statraneirt will show advances made, the amount due for accrued unpaid interest, payments made and the balance which )on owe. An payments mats) be rarrived by us in U.S. dollars at the vemittancc address disclose{ on )our monthly billing stancurci . Any subsidiaryor atllliate of oun may act as )our agent in receiving payments on this account. Unless you notify of us in writing of cnon in the statement within sixty (60) days from the dne it is mailed, the staternent shall be considered correct aM accepted by you. We need not mail you a statancru if we deem this account uncollectable or if delinquency collation proceedings have been started by us. If there is more than one Bonowvr, each agrees that if the sent to and accepted by any of you, it shall be considered correct as to and accepted by all or you. W e stall retain au chocks drawn statement is tan this account. 15. CREDIT REVIEW. By accepting this account. you authorize us to check your credit and employment history and to answer any yueoium almut our experience with yzw. You also authorize us to obtain from and exchange information with our affiliates and correspondents. Infomation from credit bureaus was obtained with respect to this account. tf you wk. we will idt yoo whether or not a consumer credit report wet requested from a credit bureau and the name and address of the cram burnouts) that provided the consumer er"t report. At our option, we may ubtain updated credit bureau reports and income verifications on you as is reasonably necessary to protect our interests. Ib Ct;S704tFR INIORMATION You understand that we slave transaction informaliau with PNC Bank affiliates and with any third party that perfimtu smices for us in connection with this account Or w whom this aCCamt may be transfato. We nay also share other information yew or a thinl party may provide. If low do not want us to slate personal, mntrrnsaction infomution with PNC Bank affiliates. please write us at P%C Bank, P. O. Box 96066, Pntslwrgh. Pennsylvania I5226. Be sure to include your name. address. account number(s) or Social Security. EIN number (s). DEFAULT. You will be in default if any of the following happens: a) If you fail to pay any payment when it is due; b) If you fail to pay us the amount of any advances in excess of the Maximum Coedit Limit within ten (10) days after ay: mail a notice to you demanding the money. c) If you use the pmcao s or bans from this account for a purpose not pemnimed under this Agreement. d) If your or any guarantor rail to provide us with an updated I'maucial sudcm nt upon our request; C) If you die. arc put in jail, or if a court with proper jurisdiction to do so furls that you an incapacitated; n if you make an assignment for the brnelie of creditors. if you an or become insolvent, it a receiver is appointed for :try part of your property. or if bankruptcy or toceivership proceedings are filed by or apinst you; g) If anyone files a lawsuit or gets a judgment against you. or attacbes or levies on any property of yours; h) If )vu do not motify us within tea days of any change in your address; i) if you have made any untrue statements or have pimid od us with false information or signatures at any time; j 1 if you rail to keep any promise or perform any duly in this Agreement or any other ban or agreement with us; k) If you default under any loan, extension or credit, security agreement. purchase or sales agmemeaL or any other agreement. in favor of any other creditor or person that may materially affect any of )our property or your ability to repay this account or p cifamn your obligatium under this Agreemet; I If any creditor trio to take any of your property on or in which we have a lion or security irterw (this includes a garnishment of any of )our accounts with us); m) if a material adverse change occurs in your financial condition. or we believe the prospect of payment or performance of the account is impaired; n) If any of the dents described in this default section occurs with respect to any guanmor of this account; a) If any guarantor seeps. claims or otherwise attempts to limit, modify, revoke such guarantor's guaranty of this account or any other ban with us; or p) If we, in good faith, deem ourselves insecure. 13. OUR RIGHTS UPON DEFAULT. If a default occurs, we will have no further duty to pay checks or make advances from this account and this account win be terminated. This will happen without prior notice to you. If we choose, at our sole option, to pay checks form this account er make advances after default. you agree "we may charge those bans to this account. If any event described in Sections 17(f). (g) or (h) happens, all amounts which you owe us under this Agreement shall be immediately due and payable without prior notice to you, at right to tune, except as required by law. If any other event specified in Section 37 occurs, all amounts which you owe us under this Agmernew shall be due and payable immediately, at our option, without prior notice to you, or right to cure, except as required by law. The other provisions of this Agreement will Continue to apply to "account. If we get a judgment after default and'or yon m a debtor in as action filed by or against you under the Bankruptcy Corte, unless prohibited by applicable law the rata applicabic to this account will continue to apply to the balances on this account. A default under ibis Agreement is a default under every other rate, loan agreement or security agrmmeu that you have with us. Upon default, irwY dalam the entire outstanding principal, unpaid interest and charges on your account immediately due and payable. you most pay that amount imrtnodiatcly. Upon your default, we may increase the interest Margin up to five percentage points (5%) over the variable interest rate on this accown, if allowed by low. We may him: or pay someone else to help us collect this account if you fail to pay in acconlauce with this Agreement. You agree to pay our collection costs (including. without limitation, the cost of in-house attorneys and suf ). whether or not w-c hire anyone else to help us collect this account. This includes, subject to any limits utter applicable law, our amomeys' tea and legal expenses whether or not there is a lawsuit, including anome-)s* fees and legal expenses rot bankruptcy proceeding (including efforts to modify or vacate any automatic stay or injunction), appeals and any anticipated post judgment collection services. In addition to all other sums provided by law, you will also pay any coon costs if not prohibited by applicable law. 19. FEES. Your account is subject to the Annual Fee described on the first page of this Agreement- The Annual Fee will be charged in advance on the anniversary date of your account and is not refundable. -4- (Page 16 of 47) 2(1. TERMINATION BY YOU. You may terminate this Agreement at anytime that you ate not in default by: (i) mailing or delivering a written notice to us that you ate terminating this account; (ii) paying us the outstanding principal balance of the account, the accred and unpaid interest on the balance. and all other amounts due in accordance with the terms of This Agreement; and (iii) immediately returning all checks and other credit access dcviezez s, if applicable. which amour property and that were provided to you to access your account. You will continue to be liable for any advances made pursuant to unrcturmd checks. Any use of chocks after the account is terteinaled may be considered fraurftent. 21. TERMINATION BY US. Upon sixty (60) days prior written notice to you, we may terminate this account, with or without cause, and demand full payment of the outstanding principal balance of the account, the accrued and unpaid intones t on the balance. and all other amounts due in accordance with the tams of this Agreement. Unless our notice provide otherwise, we will have no further obligation to make any new a loans to)"va r. Terminrtkm wafer this will not affect any checks which comply with this A N'atw+l'h Y >peemmt and which was writtenand issue by you below the date an the te:ritnation notice or any other bans made under this Agreement before the date on the termination notice. If we choose. at our sole option, to pay checks or snake advances after we have terminated this account, you agree that we may charge those loans to this account. After termination, the checks and other credit access devices, if applicable, which amour property and that were provided to )Vu to access your account must be returned to us immediately. 22. CON VERSION TO TERM IRAN. We retain the right to convert all or any part of the outstanding indebtedness under this account into an amortizing term lean, with or without Caine. upon providing sixty (60) days prior written notice to you (the "Conversion Notice-). If our exercise this rightwe will compote a new monthly payment with respect 10 due part Of the account w converted (the "Term Loan Pottimt"), and you will be advised of such new monthly payment with respect to the Tenn [man Portion in the Conversion Notice. Monthly payments on the Term Loan Portion following the Conversion Notice shall be based upon an amortization period specified in the Conversion Notice (the "Amortization Period"). Subcquert payments on 11th Tern Loan Portion shall be detammd monthly and shall be in the amounts determined by us to be necessary to fully inner ize the then outstanding principal balance of the account so converted over the then manairing Amortization Period at the cltective interest ate on the account as of the date the amount of such payment is calculated by us. All outsanding principal and accrued interest will be due on the art day of the Amortization Period. Following the Conversion Notice, the Maximum Credit Limit of the account shall be reduced to the initial amount of the Term Loam Portion. You may not rebomm repaid amounts of the Tam Loam Portion unless t4berwise agreed by us. Upon payment in full of the Tam Lain Portion and with our consent, the full amount of the account may be minMied. All of the provisions of this Agreement shall apply to the Tam Loan Portion except to the extant ine msistent v ft this pantgmp)k 23. OUR LIABILITY. We have an responsibility for failure of any machine, mcmhuu or other party to honor checks or any other means which we may permit from time to time to be used to obtain a ham from this account. Our liability, if any. for wrongful dislonor of a check wrimrn on this account is limited to your actual damages. Dishonor for any reason as provided under the terns of this Agreement is net wrongful di.tnauhr- 2i. POST-DATED. STALE DATED. STOP PAYMENT AND CERTIFICATION OF CHECKS. Procedures and laws applicable to post- dated, state dated, and stop payment of ebec s in connection with trusoctions on angular business checking accounts shalt apply to chocks under this Agreement You agree not to issue postdated checks. You may plate a stop payment omderon a check by providing us with information on the date, number, payee, and exact amount (dollars and teas) of the chuck at any branch office, or by calling or writing us at the following address: PNC Bade. Centralized Custorna Assistance, 2730 duty Avenue Pittsburgh. PA 13222. We will not be liable for paying a check if your request is incomplete. inconeet in any detail or is not provided to us in a time and manner which affords us a reasonable opportunity to act upon it We will not "certify" a chock on this account. 23. AMENDMEM OF AGREEMENT. We may arncnd this Agreement from time to time, in any respect, by giving you written notice where require{ by law. Such amendments will apply to outstanding balances and new bans except as otherwise indicated in the written notice. 1f you do not agree to be bowl by the terms of any amcndmcm, you must notify us of your elation to terminate the account punua t to Section 20 of these Tents and Conditions within thirty (30) days of the date wt sat you our notice of the amerdmncrt. 26. YOUR RESPONSIBILITIES TO US. If more than one person is identified as Bonower, each and aft of you are equally responsible. individually and together, to us for payment in full of this account. If we extend credit to your by posting any advance to your account prior to receiving written notice of your death or incapacity, such transaction shall be a valid and binding obligation of your estate and upon your heirs and personal representatives. 27. REMEDIES CUMULATi V E" Our remedies under this Agreement shall be cumulative and not alternative. 29" DELAY N ENFORCEMENT. We can delay in enforcing any of our rights under this Agreement without losing than. Army waiver by us of any provision of this Agreement will not be a waiver of the same or any other provision on any other occasion. 29- ASSIGNMENT. You may not assign or otherwise transfer your rights and privileges under this Agreement, or dddgoe your obligations to mpty amounts you own us" Any attempt by )vu to assign or dclegaic will be void and of no effect. We may assign any and a[I of our rights under this Apoemcat at any time without your consent. A pemsean(s) to whom we assign this Apcanent shall be entitled to all of our rights under this Apee mend. None of your rights orobligations shall be eifeele d by such assignment" 30. REPLACEMENT OF PRIOR AGREEMENTS. This Agreement replaces all earlier agreements and govers all babwcs on this account, including balances carried over onto this account from any prior account, just as it it had been in effect below the first advance from this account. -5- (Page 18 of 47) 31. GOVERNING LAW AND CONSTRUCTION; JURISDICTION. This Agreement has been delivered to and accepted by us and will be donned to be made in the State where our office imbcala) on the first page of this ASMcnsctu is located. Reganllas of the Stec of your miderce, you apse that this Agreement will be interpreted. and the tights and liabilities of the parties determined, in accordance with. the laws of the Sure where our office indicated on the fast Rise of this Agreement is located, excluding its conflict of laws rules. Yon inevocably caKem to the exclusive jurisdiction of any state or federal court Ioemod for the county or judicial district what trot office indicated on the rust page of this Agl-ft. is Heated, and consent "all service of process may be seat by nationally recoptized ovemi8k courier service directed to you at your address set forth on the fire page of this Apeemcm and service so made will be dhsuod to be completed an the business day after deposit with such courier. provided that nothing contained in this Agrecosan will prevent us from bringing any actin enforcing any awwd or jtdgmcm i. , or exercising any rights agtirw you irutividtnlly. against any saetmity, or against any of your property within any other county, state or other fimign or domestic jurisdiction. You acknowledge and agree that the venue provided in this paragraph is the most convenient forum for both you and us. You waive any objection to venue and any objection based on a more convenient forum in any action instituted under this Agreement. 31 SEVERABILUT. If any Provision of this Agreement is held to be invalid or unenforceable, such determination shall nos affect the validity or enforceability of the rtanaining provision of this Agrcemcni. 33. GENERAL PROVISIONS. To the fullest extent allowed by law, you and any other person who guatantas or is Otherwise liable for this account waive any applicable statute of limiutimis. Presentment drnund for payment, pmtcsl and notice of dishonor. Upton any change of this Agreement, and unless otherwise expressly stated in writing, no patty obligated on this account, directly or as a guarantor. stall be released fmm liability. We may =new or extend (tepeatodly and for any length of time) this account. or release any party or guarantor or collateral. or impair, fait to realize upon or perfect our security interest in any collateral; and take any other action darned necessary by us without the consent of, or notice to, anyone. We may modify this account without the consent of. Or notice to, anyone Other than the party with whom the nnttdifcation is made. Any notice to us w3tich is required by this Agreement trout be sent to m at the address set (math on the first page of this Agreement. -6- (Page 20 of 47) BUSINESS BANKING LINE OF CREDIT AGREEMENT ADDITIONAL SECURITY AGREEMENT TERMS (If Applicable) DEMITIONS. ?- (a) -'ColiateraT- shall include all personal property of the Borrower, including the following, all whether now owned or it. ftcr acquired or arising and w•haever located: (i) accounts, accounts receivable. contract rights. chattel paper, notes receivable. securities ` . entitlements. securities accounts. inwatment property. deFk,sitary accounts, instruments and documents (including warehouse mccipts). (ii) goods i of every nature, including inventory, stock-in-trade, raw materials, work in process, items held for sale or lease or furnished or to be furnished under contracts of sale or icase, goods that are tetumed, reclaimed or repossessed, together with materials used or consumed in the Botrowces business; (iii) equipment, including machinery. vehicles, fianitwe and fistum.. (iv) geeol inta poet, of every kind and description, including all existing and future customer lists, chases in actiom claims (including claims for indemnifcatiwr or breach of warranty), books, records. patems and patent applications, copyrights. trademarks. tradenames. tradestyles. trademark applications. goodwill, blueprints. drawings, designs and plans. trade secrets, contracts, licenses, license agreements, formulae, tan and any other types of refunds, returned and untamed insurance premiums. rights and claims under insurance policies, and computer informatiurt software, source codes, object codes. records and data. (v) all property of the Borrower now or hereafter in the Baalt's possession or in transit to or from. untcr the custody or central of or on deposit with, the Bank or any affiliate thereof, including deposit and other accounts; (vi) all cash and cash equivalents; and (vii) all cash and noacasb proceeds ( including insurance proceeds) of all of the foregoing property, all products thereof and all additions and accessions thereto, substitutions therefor and repUcctnents thereof. tb) "Loan Documents- means this AFreerren, any and all notes evidencing the Obligations and all related documents, instruments and agreements. (c) "Obligations" shall include all loans, advances, debts, liabilities, ebliptios, covenants and duties owing from the Borrower to the Bank or to any other direct or indirect subsidiary of PNC Bank Corp., of any kind or nature, prat or future (including any interest accruing !hereon after maturity, or after she filing of any petition in bankruptcy, or the smau cricanent of any isolveney, reorganization er like proceeding slating to the Bonewa. whether or not a claim for post-filing or post-peition into es is allowed in such prueeatlutg). whether or not cs idercd by any note, guaranty or other istru nem whether arising under any agreement, instrument or document, whether or not for the payment of money. whether arising by reason of an extension of credit, opening of a kner of cm dit, Iron, apipmet lease or guarantee, under any inters, or currency swap, future. option or other interest rate proration or similar agreement. or in any other manner, whether arising out of ovodamfts on deposit or other accounts or electronic farts transfers (wfieher through automated clnring houses or otherwise) or out of the Bank's non-receipt of or lability to collect f uWs or otherwise not being made whole in connection with depository transfer check or other similar arrangements, whether direct of inlimcl (including ghost acquired by assignment or participation). absolute or comirgem, joint or several, due or to become slue, now existmg or hereafter arising, and any amendments, extensions, renewals or increases and all costs and expenses of the Bank incurred in the dsxvmenn!ion, negotiation. modification, enforcement, collation or otherwise in connection with any of the foregoing, including reasonable anomeys fee and expenses. (d) "UCC' means the Uniform Commercial Code. as adopted and enacted and as in effect from time to time in the State whose law goverres pursuant to the Section of this Agreement entitled "Governing Law and Jurisdiction." Tens used herein which are defined in the UCC and not odwrw•isa ddnd herein slull have the respmtisc mcmings ascribed to such iesmms in the UCC. 2. GRANT OF SECURITY INTEREST. To secure the Obligations, the Borrower, as debtor, hereby assigns and grams to the Bank, as sec-uml puny, a continuing lien on and security interest in the Collateral. 7- CHANGE IN NAME OR LOCATIONS. The 13onower hereby agrees that if the location of the Collateral changes from she Watn•Msl identified on she rent page of this Agrttmon. or if the Borrower changes its name or rem or jurisdiction of orgmnitalion, or establishes a name in which it may do business that is not identified on the first page of this Agreement, the 13orowcr will immediately notify the Bank in writing of the additions or changes. The Bonowces chid executive office. torn of osgniration and jurisdiction of otgrniration are also idcmitid on the first page of this Agreement. 4. REPRESENTATIONS AND WARRANTIES. The Borrower represents, warrants and covenants to the Bank do%: (a) the Borrower has good marketable and indefeasible title to the Collateral, has not nude any prior sate, pledge, encumbrance, assignment or ether disposition of any of the Collateral, and the Collateral is free from all encumbrances and tights orsetalrof any kind except the lien in favor of the Bank created by this Agreement. (b) except as herein provided, the Borrower will not hereafter without the Bank's prior written consent sell, pledge, encumber. assign or otherwise dispose of any of the Collateral or petit any right of setoff, lien or security interest to exist dmwn except to the Bank; (c) the Burrower will defend the CoUateral against all claims and dcnwnds of all persons at any time claiming the same or any interest therein; (d) each account and general intangible, if included in the definition of Collateral, is gmaine and enforceable in accordance with its tens and the Borrower will defend the same against all claims, demmanls, scoffs and counteclahns at any time asserted; and (e) at the time any accost or general intangible becomes subject to this Agreement. such account or genera) intanIpble will be a good and valid account rpssenting a born fide sale of Bonds or services by the Borrower and such goods will have been shipped to the respective account debtors or the services will have been performed for the respective account dehtots, and no such account or general intangible will be subject to any claim for credit, allowance or adjustment by any account debtor or any setoff, defense or counterclaim. -7- (Page 22 of 47) 5. BORROWER'%COVENANTS_ The Bonuwercovetams that it shall tot) from time to time and at all seasonable times allow the Bank. by or through any of its o(Gcers, agents, attorneys, or arcountams, to examine or inspect the Collateral, tmmtify account debtors of the Banlt's security interest in accounts and obtain valuations and audits of the Collateral, at the Borrower's expense, whercver located. The Borrower shall do, obtain, make, execute and delivv:r all such ad,titixut and further acts, things. deeds. assurances and instruntnettts as the Bank may require to vat in and assure go the bank its rights hereunder and in or to the Collateral. and the proceeds thereof, including wriivcis fmm landlords. warehousemen and mortgagees: (b) keep the Collateral in good order and repair at all times and immediately notify the Bank of any event causing a material lens or decline in value of the Collateral, whether or not covered by insurance, and the amount of such loss or depreciation; (c) only use or permit the Collateral to be used in accordance with all spplicable federal, state, county and municipal laws and regulations; and (d) Stave and maintain insurance at all times with respect to all Collateral agreed risks of fire (including so-called extended coverage), theft, sprinkler leakage, and other risks (including risk of (bad if any ColWeral is maintained at a location in a (load hazard zone) as the Bards may require, in such form, in such anwum, for such petkW and -ATMen by such companies as any be satisfactory to the Bank in its sole discretion. Each such casualty insurance policy shall contain a standard Lendefs Loss Payable Clause issued in favor of the Bank under which, all losses thereunder shall be paid to the Bank as the Banks interest may appear. Such politics "I expressly provide that die requisite insurance eamax be ahemd or canceled without at least thirty (30) days Prior written notice to the Bank and shall insure the Bank notwithstanding the act or negbct of the Borrower. Upon the Bank's demand, the Borrows shall furnish the But* with duplicate original policies of inwraace or such other evidence of insurance as the Bank may require. In the event of failure to provide insurance as heroin provided, the Bank may. at its option. obtain such insurance aa1 the Borrower shall pay to the Bank on demand, the cost thereof. Proceeds of insurance may be applied by the Bank to reduce the Obligations or to repair or replace Collateral, all in the Banks sole discretion. 6. NEGATIVE PLEDGE. NO TRANSFER. The Borrower will not sell or offer to se11 or otherwise transfer or grant or allow the imposition of a lien or security interest upon the Collateral (except for sales of inventm and colle tions of accounts in the Borrow•ces ordinary course of husirimt) or use any portion thereof in any manner inconsistent with this Agreement or with the tarns and conditions of any policy of insurancethereon. COVENANTS FOR ACCOUNTS. tfaccorausamincludedintheddinitionofCollateral: (a) The Bom ewer will, on the Bank's demand, make notations on its books and records showing the Bank's security interest and take available to the Bank shipping and delivery receipts evidencing the shipment of the goods that gave rise to an amount, completion certificates or other proof of the satisfacctory performance of services that gave rise to an account, a copy of the invoice for each account and copies of any wrinc a contract or otder from which an account arose. Tbc Borrower shall promptly notify the Bank if an account becomes evidenced or secured by an instrument or Chanel papa and upon tote Bank's nxpwa, will promptly deliver any such instrument or chard Paper to the Bank. inchding any letter of scent ddivered to the Bom+wer to support a shipmate of inventory by the Hormwer_ (b) The Borrower will promptly advise the Bank whenever an account debtor refuses to retain or morns; any goods from the sale of which an account arose and will comply with any instructions that the Bank may give regarding the sale or other disposition of such returns. Fmm time to time with such frequency as the Bank may request. the Borrower will report to the Back all credits given to account debtors on all accounts. tc) The Borrower will immediately notify the Bank if any account arises out of contracts with the United States or any department, agency or instrumentality thereof, and will execute any instruments and take any steps mquircd by the Bank so that all monies dux and to become due under such contract shall be assignod to the Bank and notice of the assignment given to and acknowledged by the appropriate gPremn Cnl agency or authority under the Federal Assignment of Claims Act. (d) At any time after the occumtice of an Evart of Default, and witlaur notice to the Borrower, the Bank tiny direct any persons who arc indebie d to the Borrower on any Collateral consisting of accounts or general intangibles to nuke payment directly to the Bank of the amounts due. The Bank is authorized to give receipts to such account debtors for any such payments sad the account debtors will be protected in making such payments to the Bank. Upon the Bark's written request, the Borrower will establish with the Bank and maintain a lockbox account ("Lockbox") with the Bank and a depository account(s) (`Cash Collateral Accout') with the Bank subject to the provisions of this subparagraph and such Other related agreements as the Bank may requite, std the Borrower shall notify its account debtors to rent payments directly to the tackbox. Thereafter, funds collected in the Lockbox shall be teamsfened to the Cash Collateral Account, and funds in the Cash Collateral Account shall be applied by the Bank_ daily, to reduce the outstanding Obligations. 11. FURTHER ASSURANCES. At the Beak's request, the Borrower will join with the Bank in executing one or snore (dancing. continuation or amcndanc.. statements pursuant to the UCC in form satisfactory to the Bank and will pay the cost of preparing and riling the same in all jurisdictint s in which such filing is deemed by the Bank to be necessary or desirable in order to perfect. preserve and protect its security interests. The Borrower nathotizes the Bank to file financing, continuation or amendment statements pursuant to the UCC with respect to all or any pan of the Collateral without the Borrowers signature. where permitted bylaw. A carbon, photographic or other copy of thiv Agmvnwm or of a UCC financing statement may be filet as and in lieu of a UCC financing star ment. -8- (Page 24 of 47) Q EVENTS OF DEFAULT. The Borrower shall. at the Bank's option. Ise in de It antler this Atreerneal upon the hlood?ifig Of MY Of the following events or cotalilions (each, an "Event of Default-7: (a) any Event of Default (s defined in any of the Obligations); (b) any default under arty of the Obliptions Illal toes not Iave a dersood set of "Evers of Default" and the lapse or any notice or ewe period provides in such OMiptions with respect to such default; (e) demand by the Bank under any of the Obligations that have a demand feature; (d) the failune by the Borrower to perform any of its obligations ureter this Agreement; (c) falsity, inaccuracy or material breach by the Borrower of any wrinen warranty, representation or statement made or furnished to the Rank by or on behalf of the Borrower; (1) an uninsured material loss, then, damage, or destruction to any of the Collateral, or the entry of any judgmnn against the Borrower or any lien against or the raking of any levy, seizure or attachment of or on the Collateral; (g), the failure of the Bank to have a perfected fuss priority security interest in the Collateral. (h) any indication or evidence received by the Bank that the Borrower may have directly or indirectly been engaged in any type of activity which, in the Bank's discretion. might result in the forfeiture of any property or the Borrower to any pvanmental entity. federal, state or local; or (i) if the Bank otherwise dams itself insecure. 10. REMEDIES. Upon the occurrence of any such Event of Default and at anytime thcoca4ar, the Bank may declare all Obligations secured hereby immediately due and payable and shall have, in addition to any remedies provided heein or by any applicable law or in equity, all the remakes of a socunxi patty under the UCC. The Back's fawdici inclttde, but arc not litniltal to, the riglw to (a) peaceably by its o%n mcanls or with judicial assistance ewer the Borrowers premises and take possession of the Collateral without prior notice to the Borrower or the P. opportunity for a bearing. (b) render the Collateral uramble, (e) dispose of the Collateral on the Borrowers premises. (d) require the Borrower to assemble the Collateral and make it available to the Bank at a place desigaatd by the Bank, and (e) notify the United States Postal Service to send the Borrower's unit to the Bank Unless the Collateral is perishable or threatens to decline speedily in value or is of a type euslor drily sold .. = on a recognized market, the Bank will give the Borrower reasonable notice of the time and place of any public sale thereof or of the time after which any private sale many other intended disposition thereof is to be made. The requirements of commercially reasonable notice shall be and if ,Lath notice is sent to the Borrower at least five (S) days Wore the time of the intended sale or disposition. Expenses of relaking, holding, preparing for sale, selling or the like shall include the Bank's reasonable anorneyrs fees and legal expenses. incurred or oapendd by the Bank to rnfimee any payatuent due it under this Agreement at1n.T as against the Borrower, or in the prosecution or defense of airy action. or concerning any matter growing out of or connection with the subject taaucr of this Agreement and the Collateral pledged hereunder. The Borrower waives all relief from all appraiscmnt or exemption laws now in force or hereafter enacted. It. AUTHORIZATIONS. M addition to any authorizations contained elsewhere in this Agreement, the Borrower does hereby irrevocably authorize any officer or agent of the Bank to. (a) endorse the name of the Borrower or any of the Borrowers officers or agents upon any noes. cheeks, drafts, money orders, or other instruments of payment or Collateral that may corns into the Bank's possession in full or pan payment of any Obligations; (b) sue for. congmnim settle and release all claims and disputes with respect to. the Collateral; and (c) sign, fa the Borrower, frttatteing, continuation or amendment statements pursuant to the UCC, or supplemental intellectual property security agreements; authorizing the Bank and its officers and agents to do arty and all things necessary to be done in and about the premises as fully and effack ally as the Borrows might or could so. The Borrower hereby ratifies all shit the Bank, its officers and agents shall lawfully do or cause to be done by virtue herrof 12. PAYME\T OF EXPENSES. At its option, the stank may discharge taxes, liens, security interests or such other encumbrances as may attach to the Colinc ak may pay for required insurance an the Collateral and may pay for the mairuaanee, appraisal or reappraisal, and preservation of the Collateral, as dcimnined by the Bank w be necessary. The Borrower will reimburm the Bank on demand for any payment so nude or any expense itxvntd by the Bads pursuant to the fimgoing awhorimiork and the Collateral also will secure any advances or payments so made or expenses so incurred by the Bank. 13. NOTICES. All notices, dcmwkk, requests, consents, approvals and other communications required or permitted hereunder must be in writing and will be effective etpon meeipt. Such notices and other communications may be hand delivered. sent by facsimile transmission with confirmation of delivery and a copy sent by first-class mail, or sent by rationally recognized overnight courier service, to a patty's address sot forth on the first page of this Agreement or to such other address as any party may give to the other in writing for such purpose. %I: opt Std•OUSSANK471KH MAR'ODD.LineofCreditAaeenwnt•PA-0S-10-00.doc -9- AFFIDAVIT The undersigned hereby certifies that the judgment to be entered in this action is not being entered against a natural person in connection with a consumer credit transaction. To the contrary, the underlying transaction is a commercial transaction. Donna M. Donaher, Esquire Attorney for PNC Bank, National Association Sworn to and subscribed before me this day of JUIV , 2010. Notary Public aoMMpN LTH OF PEKE VAN A A" IL Hain 4 HOWY A"C 0tv of PMMON NINON n 34 Member, ParMVW" Au00aW Of NatadW BANK_FIN:385630-1 000011-145912 ACT 105 OF 2000 NOTICE A JUDGMENT HAS BEEN ENTERED AGAINST YOU BY CONFESSION OF JUDGMENT. PURSUANT TO 42 PA. C.S.A. §2737.1, IF YOU WERE INCORRECTLY IDENTIFIED AS A DEFENDANT IN THE COMPLAINT IN CONFESSION OF JUDGMENT, YOU MAY BE ENTITLED TO COSTS AND REASONABLE ATTORNEY FEES AS DETERMINED BY THE COURT. YOU MAY TAKE ACTION TO STRIKE THE JUDGMENT BY FOLLOWING THE PROCEDURE IN RULE 2959 WHICH IS AS FOLLOWS: PENNSYLVANIA RULE OF CIVIL PROCEDURE 2959 - STRIKING OFF JUDGMENT. (a) (1) Relief From a judgment by confession shall be sought by petition. Except as provided in subparagraph (2), all grounds for relief whether to strike off the judgment or to open it must be asserted in a single petition. The petition may be filed in the county in which the judgment was originally entered, in any county to which the judgment has been transferred or in any other county in which the sheriff has received a writ of execution directed to the sheriff to enforce the judgment. (2) The ground that the waiver of the due process rights of notice and hearing was not voluntary, intelligent and knowing shall be raised only (i) in support of a further request for a stay of execution where the court has stayed execution despite the timely filing of a petition for relief from the judgment and the presentation of prima facie evidence of a defense; and (ii) as provided by Pennsylvania Rule of Civil Procedure 2958.3 or Rule 2973.3. (3) If written notice is served upon the petitioner pursuant to Rule 2956.1(c)(2) or Rule 2973.1(c), the petition shall be filed within thirty days after such service. Unless the defendant can demonstrate that there were compelling reasons for the delay, a petition not timely filed shall be denied. (b) If the petition states prima facie grounds for relief the court shall issue a rule to show cause and may grant a stay of proceedings. After being served with a copy of the petition the plaintiff shall file an answer on or before the return day of the rule. The return day of the rule shall be fixed by the court by local rule or special order. (c) A party waives all defenses and objections which are not included in the petition or answer. (d) The petition and the rule to show cause and the answer shall be served as provided in Rule 440 (see text of Rule 440 reprinted below). (e) The court shall dispose of the rule on petition and answer, and on any testimony, depositions, admissions and other evidence. The court for cause shown may stay proceedings on the petition insofar as it seeks to open the judgment pending disposition of the application to strike off the judgment. If evidence is produced which a jury trial would require the issues to be submitted to the jury the court shall open the judgment. (f) The lien of the judgment or of any levy or attachment shall be preserved while the proceedings to strike off or open the judgment is pending. Rule 440. Service of Legal Papers other than Original Process (a) (1) Copies of all legal papers other than original process filed in an action or served upon any party to an action shall be served upon every other party to the action. Service shall be made (i) by handing or mailing a copy to or leaving a copy for each party at the address of the party's attorney of record endorsed on an appearance or prior pleading of the party, or at such other address as a party may agree, or Note: Such other address as a party may agree might include a mailbox in the Prothonotary's office or an e-mail address. For electronic service by means other than facsimile transmission, see Rule 205.4(8). (ii) by transmitting a copy by facsimile to the party's attorney of record as provided by subdivision (d). (2) (i) If there is no attorney of record, service shall be made by handing a copy to the party or by mailing a copy to or leaving a copy for the party at the address endorsed on an appearance or prior pleading or the residence or place of business of the party, or by transmitting a copy by facsimile as provided by subdivision (d). (ii) If such service cannot be made, service shall be made by leaving a copy at or mailing a copy to the last known address of the party to be served. Note: This rule applies to the service upon a party of all legal papers other than original process and includes, but is not limited to, all other pleadings as well as motions, petitions, answers thereto, rules, notices, interrogatories and answers thereto. Original process is served under Rule 400 et seq. (b) Service by mail of legal papers other than original process is complete upon mailing. (c) If service of legal papers other than original process is to be made by the sheriff, he shall notify by ordinary mail the party requesting service to be made that service has or has not been made upon a named party or person. VERIFICATION The undersigned, Christopher Hearn, hereby verifies the statements of fact contained in the attached Complaint in Confession of Judgment to be true and correct according to his personal knowledge, information and belief, and further pledges that this verification is made subject to the penalties of 18 Pa. C.S.A. §4904 relating to unswom falsification to authorities. Date: 3"ui y a' , a 010 By: ;7?? ristoph Heim, Asset Manager IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PNC BANK, NATIONAL ASSOCIATION, Plaintiff, CIVIL DIVISION NO. 10. 5aaq (i i Te" vs. HARRY I. MORRIS, Defendant. CERTIFICATE OF RESIDENCE C=D I hereby certify that the precise address of Plaintiff is: C' - Fifth Avenue and Wood Street --- Pittsburgh, Pennsylvania 15222 and that the last known address of Defendant is: , 590 Lucinda Lane `. Mechanicsburg, PA 17055-5366 By: 'i -=?? c4?- V-"? Donna M. Donaher, Esquire Attorney for PNC Bank, National Association IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PNC BANK, NATIONAL ASSOCIATION, Plaintiff, vs. HARRY I. MORRIS, Defendant. CIVIL DIVISION NO. Ib ` -S?q 0' vV; I tTerm AFFIDAVIT I, Christopher Hearn, Asset Manager, PNC Bank, National Association, that the facts set forth in the foregoing Complaint in Confession of Judgment are true and correct to the best of my knowledge, information and belief; that the Exhibits attached to the Complaint in Confession of Judgment are true and correct copies of the originals; and that the Borrower is in default under the Note (as defined in the Complaint); that the underlying transactions giving rise to this action is commercial in nature and is not a consumer credit transaction against a natural person; and that I am authorized to make this Affidavit. PNC Bank, National Association By: Christopher earn, Asset Manager Sworn to and subscribed before me this d 15t day of ZRulti , 2010. Notary Public My commission expires: I Wot" sod BANK_FIN:385887-1 000011-145912 __ Ak0WWOmW f- ??9dJ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PNC BANK, NATIONAL ASSOCIATION, CIVIL DIVISION 0,-w'a-kem Plaintiff, NO. IO .53ay vs. HARRY I. MORRIS, Defendant. AFFIDAVIT OF NON-MILITARY SERVICE Filed on behalf of Plaintiff, PNC Bank, National Association Counsel of Record for This Party: Donna M. Donaher, Esquire Pa. I.D. #53165 TUCKER ARENSBERG, P.C. Firm #287 1500 One PPG Place Pittsburgh, PA 15222 (412) 566-1212 r IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PNC BANK, NATIONAL ASSOCIATION, ) CIVIL DIVISION a Plaintiff, ) NO. 10 vs. ) HARRY I. MORRIS, ) Defendant. ) AFFIDAVIT OF NON-MILITARY SERVICE COMMONWEALTH OF PENNSYLVANIA ) SS. - COUNTY OF ALLEGHENY ) I, Christopher Hearn, being duly sworn according to law, hereby depose and say that the Defendant is not a member of the military service of the United States of America to the best of my knowledge, information and belief. Chris opher He m, Sworn to and subscribed Asset Manager before me this a? day of , 2010. Notary Public Na W Sol AM*eft F. 9ww*w% Notw Pum i* cly -°f Mbwgk MWOW Go idv 8.2011 BANK_FIN:385888-1000011-145912 Member, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PNC BANK, NATIONAL ASSOCIATION, CIVIL DIVISION Plaintiff, vs. HARRY I. MORRIS, Defendant. TO: Harry I. Morris 590 Lucinda Lane Mechanicsburg, PA 17055-5366 NO. 10 - 6Wq NOTICE OF ENTRY OF JUDGMENT a"'i l`Wq Please take notice that on L3 , 2010, a Judgment by Confession of Judgment, was entered against you in the court and at docket term and number set forth above. The amount of the Judgment is $48,311.32, plus costs. /P othonotary, Cumberland County NO. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PNC BANK, NATIONAL ASSOCIATION, Plaintiff, V. HARRY I. MORRIS, Defendant. No. 10-5324 CERTIFICATE OF SERViCE UNDER RULE 2958.1 Filed on Behalf of Plaintiff, PNC BANK, NATIONAL ASSOCIATION Counsel of Record for This Party: Donna M. Donaher, Esquire PA I.D. No. 53165 TUCKER ARENSBERG, P.C. Firm No. 287 1500 One PPG Place Pittsburgh, PA 15222 (412) 566-1212 C Cr' ;7 "si 5 c N ) - NO. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PNC BANK, NATIONAL ASSOCIATION, Plaintiff, V. HARRY I. MORRIS, Defendant. No. 10-5324 CERTIFICATE OF SERVICE UNDER RULE 2958.1 The undersigned hereby certifies that she did serve a Notice Under Rule 2958.1 of Judgment and Execution thereon, upon the Defendant on August 26, 2010, by certified mail, at the following address: 590 Lucinda Lane Mechanicsburg, PA 17055-5366 A true and correct copy of the Notice Under 2958.1 and the return receipt are attached hereto. TUCKER ARENSBERG, P.C. By CJ? Donna M. Donaher, Esquire 1500 One PPG Place Pittsburgh, PA 15222 (412) 566-1212 BANK FIN:389660-1 000011-145912 TUCKER `ARENSBERG Attorneys IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PNC BANK, NATIONAL ASSOCIATION, ) CIVIL DIVISION Plaintiff, ) NO. 10-5324 vs. ) HARRY I. MORRIS, ) Defendant. ) Notice Under Rule 2958.1 of Judgment and Execution Thereon Notice of Defendant's Rights TO: Harry I. Morris 590 Lucinda Lane Mechanicsburg, PA 17055-5366 A judgment in the amount of $48,311.32 has been entered against you and in favor of the plaintiff without any prior notice or hearing based on a confession of judgment contained in a written agreement or other paper allegedly signed by you. The sheriff may take your money or other property to pay the judgment at any time after thirty (30) days after the date on which this notice is served on you. You may have legal rights to defeat the judgment or to prevent your money or property from being taken. YOU MUST FILE A PETITION SEEKING RELIEF FROM THE JUDGMENT Tucker Arensberg, P.C. 1500 One PPG Place Pittsburgh, PA 15222 p. 412.566.1212 f. 412.594.5619 www.tuckerlaw.com 111 N. Front Street P.O. Box 889 Harrisburg, PA 17108 p. 717.234.4121 f. 717.232.6802 TUCKER I ARENSBERG Attorneys AND PRESENT IT TO A JUDGE WITHIN THIRTY (30) DAYS AFTER THE DATE ON WHICH THIS NOTICE IS SERVED ON YOU OR YOU MAY LOSE YOUR RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP: LAWYER REFERRAL SERVICE Lawyer Referral Service Court Administrator Cumberland County Courthouse Carlisle, PA 17013 (717) 240-6200 Donna M. Donaher, Esquire Tucker Arensberg, P.C. 1500 One PPG Place Pittsburgh, PA 15222 (412) 566-1212 Attorney for Plaintiff BANK FIN:388534-1 000011-145912 Tucker Arensberg, P.C. 1500 One PPG. Place Pittsburgh, PA 15222 p. 412.566.1212 f. 412.594.5619 www.tuckerlaw.com 111 N. Front Street P.O. Box 889 Harrisburg, PA 17108 p. 717.234.4121 f. 717.232.6802 LO cc Ir Ln r" r m r=i O Q 4 O 0'' fU 0 O a C3 r- A Z, E Z m _O N N' O o. m ¢ E ffi U I E 8 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PNC BANK, NATIONAL ASSOCIATION, Plaintiff, vs. HARRY I. MORRIS, Defendant. CIVIL DIVISION NO. 10-5324 CONSENTED TO MOTION TO MODIFY JUDGMENT Filed on behalf of Plaintiff, ~ PNC Bank, National Association r~ Counsel of Record for This ~,~ ;~~ ~ Party: ~ ~ Donna M. Donaher, Esquire ~a Pa. I.D. #53165 ~~ TUCKER ARENSBERG, P.C. '~ Firm #287 1500 One PPG Place Pittsburgh, PA 15222 (412) 566-1212 N -~, w a --r ~:-n ~ ~~ ~~.. -~ ~, ~~ cya , -~+o ~~ o -n ~~ c~ ~ v -~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PNC BANK, NATIONAL ASSOCIATION, CIVIL DIVISION Plaintiff, NO. 10-5324 vs. HARRY I. MORRIS, Defendant CONSENTED TO MOTION TO MODIFY JUDGMENT AND NOW, comes the Plaintiff, PNC BANK, NATIONAL ASSOCIATION ("PNC Bank"), by and through its counsel, Tucker Arensberg, P.C., and files this Consented to Motion to Modify Judgment, stating as follows: 1. On or about August 13, 2010, the Plaintiff filed a Complaint in Confession of Judgment and thereby obtained a judgment in the amount of $48,311.32. 2. It was subsequently determined that the amount of the Judgment was incorrect. 3. As a result, PNC Bank has agreed to have the amount of the Judgment reduced to $44,285.38. Counsel for the Defendant has expressly consented to the Motion. WHEREFORE, Plaintiff, PNC Bank, National Association, requests this Honorable Court to grant this Motion to Modify Judgment in accordance with the proposed Order of Court. . Respectfully submitted, TUCKER ARENSBERG, P.C. By: Donna M. Donaher, Esquire 1500 One PPG Place Pittsburgh, PA 15222 (412) 566-1212 Attorneys for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PNC BANK, NATIONAL ASSOCIATION, CIVIL DIVISION Plaintiff, NO. 10-5324 vs. HARRY I. MORRIS, Defendant ORDER OF COURT AND NOW, this, day of /V'4lh°r'l,~!/' 2010, the within Motion to Modify Judgment is GRANTED. The judgment entered at Docket No. 10-5324, is hereby modified to be in the amount of $44,285.38. BY THE COURT: J. CONSENTED TO BY: /Donna M. Donaher, Esquire, Counsel For PNC Bank, National Association J. c i, E qu ounsel /For Harry I. Morris BANK FIN:392511-1 000011-145912 ~ I~ ~~~L 1 ! ~~1~ ~~ `._.~ ~~ N o o ~ ~~ ~ rn~ -.~ ~~ -=_,, u .~ -vim A ~ . o ,~ r ~" ~ -+o ~ ~o A~ ° o~ ~ -~ N D ~ ~ -~