Loading...
HomeMy WebLinkAbout14-4670 PRO FREES,P.C. UNRUH,TURNER?BURKE ATTORNEYS FOR DEFENDANT 8r 7 BY: JOHN K.FFIORILLO,ESQUIRE �� ATTORNEY I.D.No. 55658 KRISTEN WETZELAD ,ESQUIRE Visytv0AI .y ATTORNEY I.D. 4 P.O.Box 515 WEST CHESTER,PA 19381-0515 610-692-1371 PNC BANK,NATIONAL ASSOCIATION ; IN THE COURT OF COMMON PLEAS 1600 Market Street CUMBERLAND COUNTY,PENNSYLVANIA Philadelphia,PA 19103 Plaintiff CIVIL ACTION-LAW l � V. No. NAl(l� i1 l BRENT BLAUCH 1109 Orfs Bridge Road Mechanicsburg,PA 17055 Defendant ENTRY OF APPEARANCE,CONFESSION OF JUDGMENT AND PRAECIPE FOR ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Pursuant to the authority contained in the Warrant of Attorney, a true and correct copy of which is attached to the Complaint filed in this action, I appear for the Defendant, confess judgment in favor of the Plaintiff and against the Defendant as follows: Principal $74,700.00 Interest as of 7/31/14 $ 2,634.20 Late Charges $ 38.78 Attorneys 10%Commission $ 7,733.42 TOTAL $85,106.40 Interest continues to accrue from July 31,2014,at a per diem rate of$16.88. UNRUH,TURNER,BURKE&FREES, P.C. Date: By: EIA4A-AL�Adl . John K. Fiorillo, Esquire Kristen Wetzel Ladd, Esquire Attorneys for Defendant - OLU fh� �f1n 10� 12 R �SSL3 UNRUH,TURNER,BURKE&FREES,P.C. : ATTORNEYS FOR PLAINTIFF BY: JOHN K.FIORILLO,ESQUIRE ATTORNEY I.D.No. 55658 BY: KRISTEN WETZEL LADD,ESQUIRE ATTORNEY I.D.Np.208755 P.O.Box 515 WEST CHESTER,PA 19381-0515 610-692-1371 PNC BANK,NATIONAL ASSOCIATION : IN THE COURT OF COMMON PLEAS 1600 Market Street : CUMBERLAND COUNTY,PENNSYLVANIA Philadelphia, PA 19103 Plaintiff CIVIL ACTION-LAW V. No. BRENT BLAUCH 1109 Orrs Bridge Road Mechanicsburg, PA 17055 Defendant NOTICE REGARDING DEBTOR IDENTIFICATION A debtor who has been incorrectly identified herein may file and serve a petition pursuant to Pa. R.Civ, P. 2959 and 2967. An incorrectly identified debtor who prevails in such a motion may be entitled to costs and reasonable attorney fees as determined by the court. You should contact an attorney to advise you in connection with this matter. Pa. R.Civ. P. 2959 provides that: (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. i (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 not 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 Rule 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 Defendants 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. (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 in 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 are pending. Pa R.Civ. P. 2967 provides a form for filing a petition to strike the judgment in accordance with certain rules of the Pennsylvania Rules of Civil Procedure. -2 - The petition to strike judgment required by Rules 2958.3 and 2973.3 shall be substantially in the following form: (Caption) PETITION TO STRIKE JUDGMENT REQUEST FOR PROMPT HEARING I hereby certify that I did not voluntarily, intelligently and knowingly give up my right to notice and hearing prior to the entry of judgment. I petition the court to strike the judgment on this ground and request a prompt hearing on this issue. I verify that the statements made in this Request for Hearing are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities. Notice of the hearing should be given to me at Street Address City, State Telephone Number Dated: Defendants(s) - 3 - i TA tai;. UNRUH TURNER BURKE&FREES,P.C. ATTORNEYS FOR PLAINTIFF BY: JOHN K.FIORILLO,ESQUIRE ``` sI ``f `7 �'- ATTORNEY I.D.No. 55658 BY: KRISTEN WETZEL LADD,ESQUIREN tit " COUNTY S Y ATTORNEY I.D.No.208755 LVA� �A P.O.Box 515 WEST CHESTER,PA 193 81-0515 610-692-1371 PNC BANK,NATIONAL ASSOCIATION IN THE COURT OF COMMON PLEAS 1600 Market Street CUMBERLAND COUNTY,PENNSYLVANIA Philadelphia,PA 19103 Plaintiff CIVIL ACTION-LAW No. BRENT BLAUCH 1109 Orrs Bridge Road Mechanicsburg, PA 17055 Defendant COMPLAINT CONFESSION OF JUDGMENT UNDER PA.R.C.P. 2951 1. PNC Bank, National Association, (the "Bank") is a banking institution, whose address is 1600 Market Street,Philadelphia, Pennsylvania 19103. 2. Defendant, BRENT BLAUCH (the "Guarantor") is an adult individual with a last known address of 1109 Orrs Bridge Road,Mechanicsburg, PA 17055. 3. On or about November 21, 2007, the Bank entered into a loan transaction with Susquehanna Aquacultures, Inc. (the "Borrower"), whereby Borrower executed and delivered to the Bank, a Business Credit Application pursuant to which a Business Line of Credit was established in favor of Borrower in the original principal amount of$75,000.00. True and correct copies of the Business Credit Application and the Business Banking Line of Credit Agreement (collectively, the "Line of Credit") are attached hereto and made a part hereof as Exhibit"A." 4. On or about November 21, 2007, in order to induce the Bank to enter into the transaction evidenced by the Line of Credit, Guarantor executed and delivered to the Bank his personal guaranty (the "Guaranty") wherein Guarantor agreed, among other things, to guaranty and act as a surety for all of Borrower's obligations to the Bank including, without limitation,those obligations evidenced by the Line of Credit referenced in paragraph 3 above and attached hereto and made a part hereof as Exhibit"A." 5. Judgment has not been previously entered in any jurisdiction under the Line of Credit or Guaranty. 6. This transaction did not arise from nor is judgment being entered in connection with a consumer credit transaction or residential lease against a natural person. 7. The Line of Credit and Guaranty have not been assigned and the Bank is still the holder thereof. 8. The Borrower has defaulted on its obligations to the Bank under the Line of Credit, by virtue of, among other things, failing to make payment as and when due, and the Guarantor has defaulted on his obligations to the Bank under the Guaranty by virtue of, among other things, failing to cure the Borrower's default. 9. As a result of said defaults, the following amounts are immediately due and payable under and in connection with said Line of Credit and Guaranty as of July 31, 2014; Principal $74,700.00 Interest as of 7/31/14 $ 2,634.20 Late Charges $ 38.78 Attorney's 10%Commission $ 7,733.42 TOTAL $85,106.40 Interest continues to accrue from July 31,2014, at a per diem rate of$16.88. -2 - WHEREFORE, PNC Bank, National Association respectfully requests judgment in its favor and against Defendant, BRENT BLAUCH, in the amount of$85,106.40 plus interest from July 31,2014 at the per diem rate of$I6.88 and all costs and expenses. UNRUH, TURNER, 13URKE&FREES,P.C. Date: 1 By: John . Fiorillo,Esquire Kristen Wetzel Ladd, Esquire Attorneys for Plaintiff, PNC Bank, National Association P.O. Box 515 West Chester, PA 19381-0515 Attorney I.D.No. 55658/208755 (610) 692-1371 - 3 - EXHIBIT "A" -�T ��I 'FNCBANK CHOICE CREDIT'"FOR BUSINESS APPLICATION- PENNSYLVANIA 1. Applicant. The Applicant certifies that the statements made on this application and any other information provided in connection with this application are true and complete. THE APPLICANT CERTIFIES THAT ALL LOAN PROCEEDS WILL BE USED FOR BUSINESS PURPOSES. The term "Applicant" as used herein shall include the business entity (ies) applying for the loan (the"Borrower")and all other persons who by providing information herein may be liable for the loan requested in this application as an endorser, surety or guarantor, or who may be a principal of the Borrower. The Applicant agrees to promptly notify the Bank of i any material changes to this information. The Bank is authorized to make all inquiries it deems necessary to verify accuracy of the information submitted and to determine the Applicant's creditworthiness,and to share any information provided to the Bank by or about any Applicant(s) with any third party that performs services for the Bank in connection with this application or the loan or to whom this application or any loan to the Applicant may be transferred. The Applicant authorizes any person or consumer reporting agency to give the Bank or such third party any information it may have on the Applicant and authorizes the Bank or such third party to make inquires of the Applicant's accountant directly and obtain any information it deems necessary in processing this application. The Applicant authorizes the Bank and any transferee of this application or loan to answer any questions about its credit experience with the Applicant. The Applicant understands that all fees, including commitment and documentation fees and annual credit review fees are non-refundable. In addition, once the commitment has been issued, the Borrower will pay all expenses, including but not limited to: documentation fees, annual fees, ' mortgage taxes, insurance premiums, recording and filing fees, overdraft protection fees, appraisal fees, etc. By signing below, the undersigned Applicant(s), who is/are either a principal(s) of the Borrower or a personal guarantor(s) of its obligations, provides written authorization to the Bank or its designee (and any assignee or potential assignee hereof) to obtain my/our personal credit profile(s) from one or more national credit bureaus. Such authorization shall extend to obtaining a credit profile in considering this application and subsequently for the purposes of update,renewal or extension of such credit or additional credit and for reviewing or collecting the resulting account. A photocopy or facsimile copy of this authorization shall be valid as the original. By signature below, I/we affirm my/our Identity(les) as the respective individual/s identified in this application. 2. Information Sharinty. Each Applicant understands that in order to serve our customers efficiently and offer a full range of financial services, the Bank shares customer transaction and experience information among the PNC Bank family of companies. PNC Bank companies also share personal information such as applications, financial statements and credit reports. By executing this application, each Applicant expressly consents to the sharing of such information among the PNC Bank companies unless such Applicant requests that the Bank not share this other personal information(except where such information is used by one PNC Bank company to service customer accounts for another) by calling the Bank at 1-877-BUS-BNKG i PCBBCO22 Application-PA-04-01-07 (1-877-287-2654) or by writing to the Bank at: PNC Bank, P,O. Box 96066, Pittsburgh, Pennsylvania 15226 including the Applicant's name, address and account number(s) or Social Security/E[N number(s). i 3.Terms and Conditions.If this application is for: (a)a Choice Credite'for Business Line; (b) a Choice Credits"' for Business Term Loan; or (c) a line of credit or term loan which may be secured by the Borrower's business assets or equipment; and the Bank approves this application, the Bank will mail to the Borrower at the address specified in this application, the Business Banking Line of Credit Agreement or the Business Banking Term Loan Agreement, as appropriate (as amended or restated from time to time, the "Terms and Conditions') governing the line of credit or term loan (as appropriate, collectively, the"Credit Facility"). The Borrower agrees that: (i) it shall be bound by all provisions of the Terms and Conditions; (ii) all credit requested or obtained under the Credit Facility shall be subject to the Terms and Conditions; (iii) any request by the Borrower for credit under any Credit Facility shall be conclusive evidence that the Borrower has received the Terms and Conditions and agreed to the terms thereof; and(iv) it shall pay to the Bank all amounts outstanding from time to time under any Credit Facility in accordance with the Terms and Conditions, The Borrower agrees to immediately notify the Bank if it does not receive the Terms and Conditions within seven (7) days after submission of this ' application to the Bank, or if the Borrower does not agree to be bound by the Terms and Conditions upon receipt thereof. The Borrower agrees that if it does not agree to be bound by the Terms and Conditions,the Borrower promises.to immediately repay to the Bank any proceeds of any Credit Facility which have been disbursed to,or on behalf of,the Borrower. The remaining paragraphs apply only if the Credit Facility is: (a) a Choice Credit'" for Business Line; (b) a Choice Credits"for Business Term Loan; or(c)a line of credit or term loan which may be secured by the Borrower's business assets or equipment. 4. Guar n .In consideration of the extension of credit from the Bank to the Borrower and other good and valuable consideration, each of the undersigned owners (individually, a "Guarantor" and collectively, the "Guarantors") hereby jointly and severally guarantees, and becomes surety for,the prompt payment and performance,when due,of all obligations owing by the Borrower to the Bank, whether now existing or hereafter arising, including, without limitation,in connection with or under any Credit Facility and all obligations now or hereafter due under the Terms and Conditions (collectively, the "Obligations"). This guaranty is absolute, unconditional, irrevocable and continuing and will remain in full force and effect until all of the Obligations have been paid in full. This Guaranty will not be affected by, any release by the Bank of any other party, guaranty or security held by it for any of the Obligations;by any failure of the Bank to preserve its rights to any guaranty; or by any irregularity, unenforceability or invalidity of any of the Obligations or any part thereof or any guaranty thereof. This is a guaranty of payment and not of collection and the Bank shall not be required, as a condition of any Guarantor's liability, to make any demand upon or to first pursue any of its rights against any Borrower or particular Guarantor, or to pursue any rights which may be available to it with respect to any other person who may liable for the payment of the Obligations. Each Guarantor hereby waives: notice of acceptance of this Guaranty, notice of extensions of credit to the Borrower from time to time, ' notice of default, diligence, presentment, notice of dishonor, protest, or demand for payment. PCBBCO22 Application-PA-04-01-07 The Bank at any time and from time to time, without notice to or the consent of any Guarantor, and without impairing or releasing, discharging or modifying any Guarantor's liabilities hereunder, may: (a) change any of the Terns and Conditions relating to any of the Obligations; (b)renew,substitute,modify, amend or alter,or grant consents or waivers relating to, any of the Obligations, any other guaranties or any security for any Obligations; (c) apply any and all payments by whomever paid or however realized, to any Obligations of the Borrower in such order, manner and amount as the Bank may determine in its sole discretion; (d) deal with any other person with respect to any Obligations in such manner as the Bank deems appropriate in its sole discretion; (e) substitute, exchange or release any security or guaranty; or (f) take such actions and exercise such remedies as provided herein or any of the Terms and Conditions. Until the Obligations are paid in full,each Guarantor postpones and subordinates in favor of the Bank any and all rights,which such Guarantor may have to assert any claim against any Borrower or to any realization on any property of any Borrower. Each Guarantor's obligations hereunder shall not be affected, modified or impaired by any counterclaim, set-off, recoupment, deduction or defense based upon any claim such Guarantor may have against any Borrower or other Guarantor or the Bank except payment of the Obligations. To the extent that the Bank incurs any costs or expenses in protecting or enforcing its rights under the Obligations or this Guaranty, including reasonable attorneys' fees and the costs and expenses of litigation, such costs and expenses will be due on demand, will be included in the Obligations, and will bear interest from the incurring or payment thereof in accordance with the Terms and Conditions. This Guaranty will be binding upon and inure to the benefit of each Guarantor and the Bank and their respective heirs, executors,administrators,successors and assigns. i 5. Right of Setoff. In addition to all liens upon and rights of setoff against the money, securities or other property of any Borrower or Guarantor given to the Bank by law, the Bank shall have, with respect to all Obligations to the Bank under any Credit Facility or the Terns and Conditions and to the extent permitted by law,a contractual possessory security interest in and a contractual right of setoff against, and each Borrower and Guarantor hereby assigns, conveys, delivers, pledges and transfers to the Bank,all of its right,title and interest in and to, all deposits, moneys, I securities and other property now or hereafter in the possession of or on deposit with,or in transit to, the Bank whether held in a general or special account or deposit, whether held jointly with someone else, or whether held for safekeeping or otherwise, excluding, however, all IRA, Keogh, and trust accounts. Every such security interest and right of setoff may be exercised without demand or notice. Every such right of setoff shall be deemed to have been exercised immediately upon the occurrence of a default without any action of the Bank, although the Bank may enter such setoff on its books and records at a later time. 6. Power to Confess Judement.Borrower and each Guarantor hereby jointly and severally irrevocably authorize and empower the Prothonotary, any attorney or any clerk of any court of record, after the occurrence of any Default under the Terms and Conditions, to appear for and confess Judgment against any or all such parties for such sums as are due and/or may become due under any Credit Facility, with costs of suit, without stay of execution, and with ten percent (10%) of the amount of such judgment, but not less than $1,000,added for attorneys' collection fees. To the extent permitted by law, the Borrower and each Guarantor releases all errors in such proceedings. if a copy of this instrument, PCBBCO22 Application-PA-04-01-07 i verified by or on behalf of the Bank shall have been filed In such action, It shall not be necessary to file the original instrument as a warrant of attorney. Interest on any such judgment shall accrue at a rate per annum which shall be five percent(5%)in excess of the interest rate in effect from time to time under the Terms and Conditions but not more than the maximum rate allowed by law. The authority and power to appear for and confess judgment against the Borrower and each Guarantor shall not be exhausted by the initial exercise thereof and may be exercised as often as the Bank shall find it necessary and desirable and this instrument shall be a sufficient warrant therefor. BEING FULLY AWARE OF ITS RIGHTS TO PRIOR NOTICE AND A HEARING ON THE VALIDITY OF ANY JUDGMENT OR OTHER CLAIMS THAT MAY BE ASSERTED AGAINST IT BY BANK HEREUNDER BEFORE JUDGMENT IS ENTERED, EACH BORROWER AND GUARANTOR HEREBY FREELY, KNOWINGLY AND INTELLIGENTLY WAIVES THESE RIGHTS AND EXPRESSLY AGREES AND CONSENTS TO BANK'S ENTERING JUDGMENT AGAINST IT BY CONFESSION PURSUANT TO THE TERMS HEREOF. FURTHER, BEING FULLY AWARE OF ITS RIGHTS AFTER JUDGMENT IS ENTERED (INCLUDING THE RIGHT TO OPEN OR STRIKE THE JUDGMENT), EACH BORROWER AND GUARANTOR HEREBY FREELY, KNOWINGLY AND INTELLIGENTLY WAIVES ITS RIGHTS TO NOTICE AND A HEARING AND EXPRESSLY AGREES AND CONSENTS TO BANK'S TAKING SUCH ACTIONS AS MAY BE PERMITTED UNDER APPLICABLE STATE AND FEDERAL LAW WITHOUT PRIOR NOTICE. EACH BORROWER AND GUARANTOR CERTIFIES THAT A REPRESENTATIVE OF BANK SPECIFICALLY CALLED THE CONFESSION OF JUDGMENT PROVISION TO ITS ATTENTION AND/OR THAT IT WAS, OR HAD THE OPPORTUNITY TO BE, REPRESENTED BY LEGAL COUNSEL IN CONNECTION WITH THIS DOCUMENT. 7. WAIVER OF JURY TRIAL. THE BORROWER AND EACH GUARANTOR IRREVOCABLY WAIVES ANY AND ALL RIGHT SUCH BORROWER OR GUARANTOR MAY HAVE TO A TRIAL BY JURY IN ANY ACTION, PROCEEDING OR CLAIM OF ANY NATURE RELATING TO THIS INSTRUMENT, ANY DOCUMENTS EXECUTED IN CONNECTION WITH THIS INSTRUMENT OR ANY TRANSACTION CONTEMPLATED IN ANY OF SUCH DOCUMENTS. THE ` BORROWER AND EACH GUARANTOR ACKNOWLEDGES THAT THE FOREGOING WAIVER IS KNOWING AND VOLUNTARY AND IS A MATERIAL INDUCEMENT FOR THE PARTIES ENTERING INTO THIS TRANSACTION. i PCBBCO22 Applicafcon-PA-04-01-07 I I 'Borrower(]) Borrower(s): (Nome of rporatior4 Partnership orOthot ErPy,if applicable) NOTES: If Borrower is a corporation,any required officer(s)must sign If borrower is a partnership,all general partners must sign Officer Titles should ONLY be as follows: If a Sole Proprietor–Owner;a Corporation–President, Vice-President,Secretary,or Treasurer;an LLC–Member, If Borrower is a legal entity,the undersigned officcr(s)/partner(symember(s)represent and warrant that they are duly authorized to execute and deliver this Application and any other agreements on behalf of such entity(any of which may contain a warrant of attorney authorizing the Bank to confess judgment against the entity for all sums due or to become . due by the entity to the Bank),all necessary action to authorize the execution and delivery of this Application and such agreements has been properly takeq and the Borrower is and will continue to be duly authorized to borrow under the i Credit Facility and to perform all of the other terms and provisions of the such agreements REQUEST FOR INITIAL,LINE OF CREDIT ADVANCE, If this Application for a line of credit is approved Borrower hereby requests the Bank to make an advance under the Credit Facility in an amount of$ [COMPLETE FOR LINES OF CREDIT ONLY]at the time of closing and directs the Bank to deposit such advance into Borrower's PNC Bank business checking account noted in the Application re tgn � Signature e and Tift(ple �rint / arae and Title(please print) ate j a0 -O` ) ate ' F –� – Guerantor(s)_.(AlI owners and principals of the Banowe(s)must sign a9 gunrantois� _ ,,._ a re(N n ignature(Name only,no title) I+ Na (No title,pl print)I ame(No title,please print) Date �"') ate . I I F PCBBCO22 Application-PA-04-01-07 PNC Bank P5-PCLC-01-V 2730 Liberty Avenue Pittsburgh,PA 15222 00 PN C BANK BUSINESS BANKING November 21,2007 Susquehanna Aquacultures Inc 0043 P O Box 306 York Haven,PA 17070 BUSINESS BANKING LINE OF CREDIT AGREEMENT Borrower: Susquehanna Aquacultures Inc P O Box 306 York Haven, PA 17070 Bank: PNC' Bank, National Association 4242 Carlisle Pike Camp Hill, PA 17001 Maximum Credit: $75,000 Annual Fee: $175.00 Initial Index: 7.75% Margin: 1.0% Initial Rate: 8.75% Date of Loan: November 21, 2007 APSE Ii�lllnlllllllll�I�IIVIIIVIII��IIIIIIIIIIII 11212007APS0043013 QPN C BANK BUSINESS BANKING BUSINESS BANKING LINE OF CREDIT AGREEMENT ADDITIONAL TERMS We are pleased to have you as a customer and to provide you with a copy of these terms and conditions(the"Terms and Conditions")governing the line of credit('Erne)provided to you by us. These Terms and Conditions are an of, part of your Business Banking Line of Credit Agreement. A supply of checks to enable you to begin using your account will be mailed 10 you shortly. Please read these Terms and Conditions carefully. Your use or acceptance of any Line proceeds will be deemed evidence of your agreement to these Terms and Conditions. 1.DEFINITIONS. In this Agreement,the following definitions apply: Agreement"means this Business Banking Line of Credit Agreement and any amendment or addendum to this Agreement. "We,""us,""our"or"Bank"means the Bank Identified on the first page of this Agreement or any person or entity to whom the rights of the Bank have been assigned. "You,""your,""yours"or"Borrower"means the Individual(s) or entity(les)Identified on the first page of this Agreement who have applied to the Bank for the Lrne,for whom an account has been approved and who are listed above as a Borrower "Billing Cycle"means the interval between the dates on which monthly statements are prepared, "Expiration Date" shall be the date which Is one year from the Date of Loan shown on the first page of this Agreement, or such later date as may be designated by written notice from us to you. "Maximum Credit Limit" or"Maximum Credit" means the total dollar amount of credit available to you from time to time, the Initial amount of which is Identified on the first page of this Agreement. means the date which will appear each month as the"Payment Due Date"on the billing statement. The Payment Due Date will be determined by the Bank at the Bank's discretion. "Termination" means that you will no longer be able to obtain loans or any extension of credit on this account. Termination affects the account permanently. 2. GENERAL DESCRIPTION OF THE ACCOUNT. This account is a revolving line account, sometimes called a line of credit. It is intended to be used j only for business purposes; You represent that It will not be used primarily for personal, family, or household purposes. You may obtain loans on this account in the ways described in the "Account Privileges" section of this Agreement up to the Maximum Credit Limit until this account is terminated. Interest will be charged on the outstanding principal balance at a rate that may change from time to time. Each new rate will apply to the outstanding balance on your account and all new borrowings until the rate changes again. 3.AUTHORIZED SIGNERS, In the Agreement, you are to deslggnate the person(s)who are authorized to write checks or obtain funds from this account by any other means as we may,from time to time, permit withou?the signature or endorsement of any other Borrower. Any one of the authorized signers may act alone. If more than one name is Identified as Borrower,each individual Borrower named has authority to write checks or obtain funds from this account by any other means as we may,from time to time,permit without the signature or endorsement of any other Borrower. We may honor drafts drawn by an authorized signer even if the drafts are made payable to the signer, to cash,or for deposits to the authorized signer's personal account. We have no duty to investigate or question the application of Line funds, We may refuse to honor drafts or requests for funds if we are uncertain as to anyone's continuing authority to act as an authorized signer, or if the signature on a draft does not appear to be that of an authorized signer. 4. HOW YOU AGREE TO THE TERMS OF THIS ACCOUNT. Applying for the Line, using your account or permitting someone else to use your account constitutes your agreement with us to be bound by this Agreement. 5. ACCOUNT PRIVILEGES. We have established this account for you with a Maximum Credit Limit in the amount set forth on the first page of this Agreement which may chane from time to time and which will apppear on your monthly billing statement. You may use this credit to obtain loans from time to time until the Expiration Date by writing checks given by us to you for that special purpose in amounts of not less than$1,000.00 or by using other methods which we may permit. You m%not use this account to make payments on this or any other PNC Bank account. You may continue to obtain loans until this account Is terminated or the Expiration Date,whichever is earlier. You authorize us to charge this account for all checks you write on this account,for loans you make and for interest and any other amounts which you agree in this Agreement to pay. If you lose the checks which were given to you to obtain loans from this account,or someone has obtained them without your permission you must tell us immediately. You acknowledge and agree that In no event will we be under any obligation to extend or renew this account beyond the initial Expiration Date. We agree to pay checks which are dated,drawn and issued on this account by yourior to the earlier of the termination of this account or the Expiration Date. We are not obligated to pay checks that cause your balance to exceed your Maximum Credit Limit. We are not obligated to pay any checks dated, drawn or issued by You or received by us after this account is terminated, if your balance exceeds your Maximum Credit Limit or if your checks have been reported lost or s o en. You agree that the only checks that you will write to make loans from the account will be those(ssued by us for that special purpose. 6. OVERDRAFT PROTECTION. If you elect Overdraft Protection for this account, we will make a deposit to the business checking account with us designated by you whenever a withdrawal is made from that checking account,either by writing a check from the checking account or in some other way, in an amount which is more money thanchecthe balance in that checking account. The amount which we will deposit will be the amount by which the withdrawal exceeds the balance in the king account rounded up to the next whole$1.00• however,the amount which we will deposit will not be less than $50.00. We will charge the amount of the deposi( as a loan from this account. We do not have to make a deposit to the checking account if a deposit will cause the balance of this account to exceed the Maximum Credit Limit or would violate this Agreement. Checking account checks which are returned will be subject to our regular overdraft charges. 7.YOU AGREE: a)not to write checks for less than$1,000.00; bto repay all amounts advanced hereunder together with Interest as provided In this A reement; c not to make loans from this account which will cause the outstanding balance on this account at any time to exceed the Maximum Credit Limit which we have now approved or may approve at any time in the future, d)to immediately pay the amount of any loans in excess of the Maximum Credit Limit; e)to give us such financial statements as we may request from time to time n to pay us costs of collection, including court costs ani!reasonable legs(tees and expenses allowed by law, if we refer your account to an attorney for collection;, gg)not to give us false Information or signatures at any time or let anyone who is not a Borrower use this account h to pay a Late Charge as provided in this Agreement,for each month any payment is not made within fifteen(15)days of its Payment Due Date;and i)to honor any and all o(her promises that you make in this Agreement. 8. SECURITY INTEREST. Money on deposit with us and property held by us secure loans made under this Agreement; collateral securing other obligations to us may also secure loans under this Agreement. M IIIIIIIIIIIIIIIIUNIIIIIIINIIIND Page 2 APSB 1111111111 11212007APS004301S GPNC BANK BUSINESS BANKING I g. INTEREST. The interest rate on the Line is subject to change from time to time based on changes in an independent index which will be the highest e Prime Rate published in the "Money Rates"section of The Wall Street Journal for the last day of the preceding calendar month which is reported (the "Index"), The Index is not necessanly the lowest rate we charge on our loans. If the Index becomes unavailable during the term of this account,we may designate a substitute Index after notifying you. We will tell you the current Index rale upon your request. You understand that we may provide lines of u credit and loans based on other rates as well, The interest rate change will not occur more often than each month. The Index for a Billing Cycle is s determined on the page day of that cycle based on the Index for thelast day of the yp preceding calendar month which is reported. The current Indexng C is set ofrtpercentage pointse(theI"iMargin)nto the Index. This Marginbis set If forth nhthenfirstpagecof thisaAgr Agreement, as Is the is initialinterestratedfor the account (the Index rate plus the Margin), Interest on the principal balance of loans outstanding on this account is computed on a 365/360 simple interest basis;that is,by applying the ratio of the t annual interest rate on the first day of the Billing Cycle over a year of 360 days to obtain a dally periodic rate, multiplied by the average daily principal balance during the Billing Cycle,multiplied by the actual number of days in the Billing Cycle. Under no circumstances will the interest rate on this account be more than the maximum rate allowed by applicable law. L r 10, MONTHLY INTEREST PAYMENTS. You agree to pay the accrued and unpaid interest on this account each month on the Payment Due Date. Your payments must be sent to us at the address shown above or at such other place as we may designate in writing. Unless otherwise agreed in writing or re col faired by applicable law, payments will be applied first to any accrued unpaid interest, then to principal, and any remaining amount to any unpaid action costs and any late charges, ro 11. LATE CHARGES. If you fall to pay us the payment due by the payment due date reflected on your monthly statement, we may charge you a Late r Charge of$100 or 5%of the amount past due,whichever is less. r 12.AUTOMATIC PAYMENT; DEPOSITQRY; INCREASE OF MARGIN. You agree to establish and maintain a business checking account with us during the term of this Agreement which shall be your primary depository account. You authorize us to deduct your month)y payments on the account from the checking account automatically. If there are insufficient collected and available funds in the checking account,we will not be required to advance funds to F cover the payment. We reserve the right to terminate the automatic payment service at any lime,with or without cause. If you revoke your authorization for us to automatically deduct your monthly payments on the account from the checking account any reason whatsoever or fail to maintain a checking account with us which may be charged,we may, at our option, upon thirty(30)days notice to you, increase the interest rate Margin set forth on the first i page of this Agreement by 0.25 percentage points(0.25%). n d If you fall to establish and maintain your primary depository account with us, we may, at our option, upon thirty (30)days notice to you, increase the interest rate Margin set forth on the first page of this Agreement by up to 1.00 percentage points(1.00%). r .r Our right to Increase the interest rate Margin pursuant to this Section shall be in addition to any other rights or remedies we may have,all of which are hereby reserved,and shall not constitute a waiver,release or limitation upon our exercise of any such rights or remedies. r 13. PREPAYMENT. You may pay without penalty all or any portion of the amount owed earlier than it is due. Early payments will not relieve you of your obligation to continue to make payments of accrued unpaid interest, Rather,they will reduce the principal balance due. E 14. MONTHLY STATEMENTS AND CHECKS. We will send you a monthly statement for each billing cycle in which activity is posted to this account or If e there is a debit or credit balance of more than$1.00 or for any billing cycle In which we Impose interest. The statement will show advances made the amount due for accrued unpaid interest, payments made and the balance which you owe. All payments must be received by us in U.S. dollars a(the r remittance address disclosed on your month)y billing statement. Any subsidiary or affiliate of ours may act as your agent in receiving payments on this u account. Unless you notify of us in writing of errors In the statement within sixty(60)days from the date it is mailed, the statement shall be considered correct and accepted by you. We need not mail you a statement if we deem this account uncollectable or if delinquency collection proceedings have been r' started b us, if there is more than one Borrower each agrees that If the statement is sent to and accepted by any o1 you,it shall be considered correct f as to and by by all of you. We shall retain all checks drawn on this account. t 15.CREDIT REVIEW. By accepting this account,you authorize us to check your credit and emplo ment history and to answer any questions about our r experience with you. You also authorize us to obtain from and exchange information with our awliates and correspondents. Information from credit % bureaus was obtained with respect to this account. If you ask,we will tell you whether or not a consumer credit report was requested from a credit bureau and the name and address of the credit bureau(s)that provided the consumer credit report. At our option,we may obtain updated credit bureau reports and income verifications on you as is reasonably necessary to protect our interests. 16. CUSTOMER INFORMATION. You understand that we share transaction information with PNC Bank affiliates and with any third party that performs t services for us in connection with this account or to whom this account mar be transferred. We may also share other information you or a third part may < provide. If you do not want us to share personal, nontransaction information with PNC Bank affiliates, please write us at PNC Bank, P.0.Box 96066, Pittsburgh,Pennsylvania 15226. Be sure to include your name,address,account number(s)or Social Security/EIN number(s). r 17.DEFAULT, You will be In default if any of the following happens: i a If you fail to pay any payment when itis due; n b If you fail to pay us the amount of any advances in excess of the Maximum Credit Limit within ten (10)days after we mail a notice to you demanding the money; c If you use the proceeds of loans from this account for a purpose not permitted under this Agreement; i d If you or any guarantor fail to provide us with an updated financial statement upon our request; i e If you die,are put in'ail,or if a court with proper jurisdiction to do so finds that you are incapacitated; f) If you make an assignment for the benefit of creditors, if you are or become Insolvent, if a receiver is appointed for any part of your property, or if bankruptcy or receivership proceedings are filed by or against you; a gg if anyone files a lawsuit or gets a udgment against you,or attaches or levies on any property of yours; e h;If you do not notify us within ten days of any change in your address; i If you have made any untrue statements or have provided us with false information or signatures at any time; r 113 If you fail to keep any promise or perform any duty in this Agreement or any other loan or agreement with us; tl k)If you default under any loan,extension of credit, secunty agreement, purchase or sales agreement, or any other agreement, in favor of any other n creditor or person that may materially affect any of your property or your ability to repay this account or perform your obligations under this Agreement; r 1),If an creditor tries to take any of your property on or in which we have a lien or security interest(this Includes a garnishment of any of your accounts II 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; a n)If you fail to establish and maintain your primary deposit account with us; x o If any of the events described in this default section occurs with respect to any guarantor of this account; c p If any guarantor seeks,claims or otherwise attempts to limit,modify,revoke such guarantor's guaranty of this account or any other loan with us;or a q If we,in good faith,deem ourselves insecure, 18.OUR RIGHTS UPON DEFAULT. If a default occurs,we will have no further duty to pay checks or make advances from this account and this account will be terminated. This will happen without prior notice to you. If we choose,at our sole option to pay checks from this account or make advances after default, you agree that we may charge those loans to this account. If any event described In$ect(ons 17(f), (g)or(h)happens, all amounts which you owe us under this Agreement shall be immediately due and payable without prior notice to you or right to cure,except as required by law. If any other event specified in Section 17 occurs,all amounts which you owe us under this Agreement sha(I be due and payable Immedia ely at our option, without prior notice to you, ou or right to cure,except as required by law, The other provisions of this Agreement will continue to apply to this account. If we get a judgment after de{suit and/or you are a debtor in an action filed by or against you under the Bankruptcy Code, unless prohibited by applicable law the rates applicable to this account will continue to apply to the balances on this account. A default under this Agreement Is a default under every other note, loan agreement or security agreement that you have with us, Page 3 (j PN C BANK BUSINESS BANKING Upon default, if we declare the entire outstanding principal,unpaid interest and charges on your account immediately due and payable,you must pay that amount Immediately. Upon�yyo�ur default, we may Increase the Interest Margin up to five percentage points (5%)over the variable interest rate on this account, if allowed by law. We may hire or pay someone else to help us collect this account if you fail to ppayy in accordance with this Agreement. You t agree to pay our collection costs(including, without limitation, the cost of in-house attorneys and staff), wf�ether or not we hire anyone else to help us collect this account. This Includes, subject to any limits under applicable law,our attorneys'fees and legal expenses whether or not there is a lawsuit, Including attorneys'fees and legal expenses for bankrupptcy roceedings (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 court costs if not prohibited by itr applicable law. r 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. 20. TERMINATION BY YOU. You may terminate this Agreement at any time that you are not in default by:(i)mailing or delivering a written notice to us that you are terminating this account;(i)paying us the outstanding principal balance of the account,the accrued and unpaid interest on the balance,and ri all other amounts due in accordance with the terms of this Agreement; and (iii) immediately returning all checks and other credit access devices, if applicable, which are our prope�v and that were provided to you to access your account. You will continue to be liable for any advances made pursuant to unretumed checks. Any use of checks after the account is terminated may be considered fraudulent. 21. TERMINATION BY US. Upon sixty. (60)days prior written notice to you, we may terminate this account, with or without cause, and demand full payr ment of the outstanding principal balance of the account,the accrued and unpaid Interest on the balance, and all other amounts due In accordance with the terms of this Agreement. Unless our notice provides otherwise, we will have no further obligation to make any new loans to you. Termination r under this paragraph will not affect any checks which comply with this Agreement and which were written and issued by you before the date on the termination notice or any other loans made under this Agreement before-the date on the termination notice. If we choose, at our sole option, to pay checks or make 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 are our property and that were provided to you to access your account must be re(urned to us immediately. 22. CONVERSION TO TERM LOAN.We retain the right to convert all or any part of the outstandinIndebtedness under this account Into an amoRizing C term loan, with or without cause, upon providing sixty(60)days prior written notice to you(the"Conversion Notice"). If we exercise this right, we will f compute a new monthly payment with respect to the part of the account so converted(he 'Term Loan Portion"), and you will be advised of such new monthly payment with respect to the Term Loan Portion in the Conversion Notice. Monthly paAments on the Term Loan Portion following the Conversion Notice sF�all be based upon an amortization period specified in the Conversion Notice(the" mortization Period"). Subsequent payments on the Term Loan Portion shall be determined monthly and shall be in the amounts determined by us to be necessary to fully amortize the then outstanding principal balance of the account so converted over the then remaining Amortization Period at the effective interest rate on the account as of the date the amount of , such payment is calculated by us. All outstanding principal and accrued interest will be due on the last 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 L9an Portion. You may not reborrow repaid amounts of the Term Loan Portion unless otherwise agreed by us. Upon payment in full of the Term Loan Portion and with our consent, the full amount of the account may be reinstated. All of the provisions of this Agreement shall apply to the Term Loan Portion except to the extent Inconsistent with this paragraph. 23, OUR LIABILITY. We have no responsibility for failure of any machine merchant or other party to honor checks or any other means which we may t Permit from time to time to be used to obtain a loan from this account. bur liability if any;for wrongful dishonor of a check written on this account is mited to your actual damages. Dishonor for any reason as provided under the terms of this Agreement is not wrongful dishonor. t 24. POST-DATED,STALE DATED, STOP PAYMENT AND CERTIFICATION OF CHECKS. Procedures and laws applicable to post-dated, stale dated, I and stop payment of checks in connection with transactions on regular business checking accounts shall ap ly to checks under this Agreement. You agree not to issue post-dated checks. You may place a stop pa�yment order on a check by providing us with In on the date number,payee,and r exact amount(dollars and cents)of the check at any branch of k e, or b callin or writing us at the following address: PNC Bank,Centralized Customer Assistance,2730 Liberty Avenue, Pittsburgh PA 15222. We will not be liable for paying a check if your request is Incomplete, Incorrect in any detail or Is a not provided to us in a time and manner which affords us a reasonable opportunity to act upon it. We will not certify"a check on this account. 25. AMENDMENT OF AGREEMENT. We may amend this Agreement from time to time, in any respect, by givingou written notice where required by n law. Such amendments will apply to outstanding balances and new loans except as otherwise indicated in the written notice. If you do not agree to be L bound by the terms of any amendm ;t ent,you must notify us of your election to terminate the account pursuant to Section 20 of these Terms and Conditions within thirty(30)days of the date we sentyouour notice of the amendment. 26.YOUR RESPONSIBILITIES TO US. If more than one person is Identified as Borrower, each and all of you are equally responsible, individually and together, to us for payment In full of this account. If we extend credit to you by posting any advance to your account prior to receiving written notice of your death or incapacity,such transaction shall be a valid and binding obligation oT your estate and upon your heirs and personal representatives, i 27.REMEDIES CUMULATIVE. Our remedies under this Agreement shall be cumulative and not alternative. r 28. DELAY IN ENFORCEMENT. We can delay in enforcing any of our rights under this Agreement without losing them. Any waiver by us of any provision of this Agreement will not be a waiver of the same or any other provision on any other occasion. 29. ASSIGNMENT. You may not assign or otherwise transfer your rights and privileges under this Agreement, or delegate your obligations to repay amounts you owe us. Any attempt by you to assign or delegate will be void and of no effect. We may assign any and all of our rights under this i Agreement at any time without your consent. A persons)to whom we assign this Agreement shall be entitled to all vi our rights under this Agreement. None of your rights or obligations shall be effected by suchh assignment. e 30. REPLACEMENT OF PRIOR AGREEMENTS. This Agreement replaces all earlier agreements and governs all balances on this account, Including balances carried over onto this account from any prior account,just as if it had been in effect before the first advance from this account. 31. GOVERNING LAW AND CONSTRUCTION; JURISDICTION. This Agreement has been delivered to and accepted by us and will be deemed to be made in the State where our office indicated on the first pageof this Agreement is located. Regardless of the State of your residence,you agree that this n Agreement will be interpreted, and the rights and liabilities of thearties determined, In accordance with,the laws of the State where our office indicated on the first page of this Agreement is located excluding its conflict of laws rules. You irrevocably consent to the exclusive jurisdiction of any state or 4t federal court located for the county or judicial district where our office Indicated on the first page of this Agreement is located and consent that all service r of process may be sent by nationally recognized overnight courier service directed to you at your address set forth on the first page of this Agreement and service so made will be deemed to be completed on the business day after deposit with such courier,provided that nothing contained in this Agreement r will prevent us from bringing any action,enforcing any award or Judgment or exercising any rights against you individually, against any security or against any of your property within any other county state or other foreign or domestic jurisdiction. You acknowledge and agree that the venue provided in this paragraph is the most convenient forum for both you and us. You waive any ob]ection to venue and any objection based on a more convenient forum in any action instituted under this Agreement, t it f N II Page 4 APSB (IIT�I� I ��A� I �I N� 11212007APS004301 S (3). PN C BANK BUSINESS BANKING 32. SEVERABILITY. If any provision of this Agreement is held to be Invalid or unenforceable, such determination shall not affect the validity or enforceability of the remalning provisions of this Agreement. 33. GENERAL PROVISIONS. To the fullest extent allowed by law,you and any other person who guarantees or Is otherwise liable for this account waive any applicable statute of limitations, presentment demand for payment, protest and notice of dishonor. Upon any change of this Agreement, and unless otherwise expressly stated in writing no pa obligated on this account, directly or as a guarantor, shall be released from liability. We may renew or extend (repeatedly and for any length of time this account, or release any party or guarantor or collateral; or impair, fall to realize upon or perfect our security interest in any collateral; and take any other action deemed necessary by us without theconsent 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 modification is made. Any notice to us which is required by this Agreement must be sent to us at the address sef forth on the first page of this Agreement. Page 5 (� PNCBANK BUSINESS BANKING LINE OF CREDIT AGREEMENT ADDITIONAL TERMS Borrower: i Susquehanna Aquacultures Inc P O Box 306 York Haven, PA 17070 Bank: PNC Bank, National Association 4242 Carlisle Pike Camp Hill, PA-17001 Introductory Rate: 6.75 Billing Cycle: 6 Dear Susquehanna Aquacultures Inc: Congratulations! We are delighted that you have chosen to obtain a line of credit from PNC Bank. To thank you for your business, the special terms indicated below apply to your unsecured line of credit. The provisions of these Additional Terms shall supersede any inconsistent provisions of the enclosed Business Banking Line of Credit Agreement (the "Agreement") so long as you remain a PNC Bank Business Checking customer and shall be deemed to be an Amendment to the Agreement issued in accordance with Section 25 of the Agreement. Thank you for your business. 1. DEFINITIONS AND TERMS USED. Unless otherwise specified, any initially capitalized terms used herein without definition shall have the meanings assigned to those terms in the Agreement. 2. INTRODUCTORY INTEREST RATE. Interest on the balance of the Amount Financed outstanding from time to time shall be computed on a 3651360 basis at the Introductory Rate indicated above for the first 6 complete Billing Cycles. 3. TERMINATION OF INTRODUCTORY INTEREST RATE. Commencing after the first 6 complete Billing Cycles, interest on the balance of the Amount Financed outstanding from time to time shall be computed in accordance with Section 9 of the Agreement. IIII���I���II�IIIIIIII ��IPage 6 APSE 11212007APS004301S UNRUH,TURNER,BURKE&FREES,P.C. ATTORNEYS FOR PLAINTIFF BY: JOHN K.FIORILLO,ESQUIRE ATTORNEY I.D.No. 55658 BY: KRISTEN WETZEL LADD,ESQUIRE ATTORNEY I.D.No.208755 P.O.Box 515 WEST CHESTER,PA 19381-0515 610-692-1371 PNC BANK,NATIONAL ASSOCIATION IN THE COURT OF COMMON PLEAS 1600 Market Street CUMBERLAND COUNTY,PENNSYLVANIA Philadelphia,PA 19103 Plaintiff CIVIL ACTION-LAW v: No. BRENT BLAUCH 1109 Orrs Bridge Road Mechanicsburg,PA 17055 Defendant AFFIDAVIT OF CHRISTOPHER HEARN COMMONWEALTH OF PENNSYLVANIA SS. COUNTY OF ALLEGHENY n On this 4 day of—4q–g2014, before me a notary public, the undersigned officer, personally appeared CHRISTOPHER HEARN, known to me and being duly sworn according to law deposes and says that he is an Assistant Vice President at PNC Bank, National Association; that he is authorized to make this affidavit and that the facts set forth in the foregoing Complaint for Confession of Judgment are true and correct to the best of his knowledge, information and belief; and that the Exhibit attached to the Complaint is true and correct copy of the original. CHRISTOPH HEARN SWORN TO and SUBSCRIBED ' before e this +-� day of a ,2014. COMMONWEALTH OF PENNSYLVANIA Notarial Seal Patricia Behun,Notary Public City of Pittsburgh,Allegheny county OTARY PUBLIC My commission Expires Dec.10,2014 EMEMBER,PENNSYLVANIA ASSOCIATION OF NOTARIES UNRUH,TURNER,BURKE&FREES,P.C. ATTORNEYS FOR PLAINTIFF BY: JOHN K.FIORILLO,ESQUIRE ATTORNEY I.D.No.55658 BY: KRISTEN WETZEL LADD,ESQUIRE ATTORNEY I.D.No.208755 P.O.Box 515 WEST CHESTER,PA 19381-0515 610-692-1371 PNC BANK,NATIONAL ASSOCIATION IN THE COURT OF COMMON PLEAS 160Q Market Street CUMBERLAND COUNTY,PENNSYLVANIA Philadelphia,PA 19103 Plaintiff CIVIL ACTI�O`N-LAW r / V. No. `7 ' g676 G� BRENT BLAUCH 1109 Orrs Bridge Road Mechanicsburg, PA 17055 Defendant AFFIDAVIT OF DEFAULT COMMONWEALTH OF PENNSYLVANIA SS. COUNTY OF ALLEGHENY On this 4 day of,P 2014, before me a notary public, the undersigned officer, personally appeared CHRISTOP ER HEARN, known to me and being duly sworn according to law deposes and says that he is an Assistant Vice President at PNC Bank, National Association; that he is authorized to make this affidavit and that the Defendant is in default under the terms of the instruments attached to the Complaint in Confession of Judgment as Exhibit "A" in that payment has not been made to Plaintiff in accordance with the terms thereof, as a result of which the amount of$85,106.40 plus interest from July 31,2014, is due and owing. SWORN TO and SUBSCRIBED CHRISTOP R HEARN before me this Ll day Of &A!A to S-f ,2014. ' COMMONWEALTH OF PENNSYLVANIA Notarial Seal Patricia Behun,Notary Public NOTARY PUBLIC I' City of Pittsburgh,Allegheny county My commission Expires Dec.10,2014 MEMBER,PENNSYLVANIA ASSOCIATION OF NOTARIES UNRUH,TURNER,BURKE&FREES,P.C. ATTORNEYS FOR PLAINTIFF BY: JOHN K.FIORILLO,ESQUIRE ATTORNEY I.D.NO.55658 BY: KRISTEN WETZEL LADD,ESQUIRE ATTORNEY I.D.No.208755 P.O.Box 515 WEST CHESTER,PA 19381-0515 610-692-1371 PNC BANK,NATIONAL ASSOCIATION IN THE COURT OF COMMON PLEAS 1600 Market Street CUMBERLAND COUNTY,PENNSYLVANIA Philadelphia, PA 19103 Plaintiff CIVIL ACTION-LAW V. No. /�-1�6 76 BRENT BLAUCH 1109 Orrs Bridge Road Mechanicsburg, PA 17055 Defendant AFFIDAVIT OF BUSINESS TRANSACTION COMMONWEALTH OF PENNSYLVANIA SS. COUNTY OF ALLEGHENY On this 114day ofA-n u u 2014, before me a notary public, the undersigned officer, personally appeared CHRISTOPHER HEARN, known to me and being duly sworn according to law deposes and says that he is an Assistant Vice President at PNC Bank, National Association; that he is authorized to make this affidavit and that this is not an action by a seller, holder or assignee arising out of a retail installment sale, contract or account and that the transactions upon which the judgment being entered is based were business transactions and were not entered into for family,personal or residential purposes. CHRISTOP HEARN SWORN TO and SUBSCRIBED befor me this day of a Lt •4 ,2014. COMMONWEALTH OF PENNSYLVANIA Notarial Seal Patricia Behun,Notary Public OTARY PUBLIC City of Pittsburgh,Allegheny county My Commission Expires Dec.10,2014 MEMBER,PENNSYLVANIA!\SSOCIATION OF NOTARIES UNRUH,TURNER,BURKE&FREES,P.C. ATTORNEYS FOR PLAINTIFF BY: JOHN K.FIORILLO,ESQUIRE ATTORNEY I.D.No. 55658 BY: KRISTEN WETZEL LADD,ESQUIRE ATTORNEY I.D.No.208755 P.O.Box 515 WEST CHESTER,PA 19381-0515 610-692-1371 PNC BANK,NATIONAL ASSOCIATION IN THE COURT OF COMMON PLEAS 1600 Market Street CUMBERLAND COUNTY,PENNSYLVANIA Philadelphia,PA 19103 Plaintiff CIVIL ACTION-LAW V. /I/ No. C� 7 to 7U BRENT BLAUCH 1109 Orrs Bridge Road Mechanicsburg, PA 17055 Defendant AFFIDAVIT OF ADDRESSES COMMONWEALTH OF PENNSYLVANIA ss. COUNTY OF ALLEGHENY On this 4 _day of A w3 u5j2014, before me a notary public, the undersigned officer, personally appeared CHRISTOPHER HEARN, known to me and being duly sworn according to law deposes and says that he is an Assistant Vice President at PNC Bank, National Association; that he is authorized to make this affidavit and that the addresses of the Plaintiff and the Defendant are as follows: Plaintiff Defendant PNC Bank,N.A. BRENT BLAUCH 1600 Market Street 1109 Orrs Bridge Road Philadelphia,PA 19103 Mechanicsburg,PA 17055 SWORN TO and SUBSCRIBED before me this day C " OP HEARN of 2014. COMMONWEALTH OF PENNSYLVANIA NOTARY PUBLIC Notarial Seal Patricia Behun,Notary Public City of Pittsburgh,Allegheny County My Commission Expires Dec.10,2014 MEMBER,PENNSYLVANIA ASSOCIATION OF NOTARIES UNRUH,TURNER,BURKE&FREES,P.C. ATTORNEYS FOR PLAINTIFF BY: JOHN K.FIORILLO,ESQUIRE ATTORNEY I.D.No. 55658 BY: KRISTEN WETZEL LADD,ESQUIRE ATTORNEY I.D.No.208755 P.O.Box 515 WEST CHESTER,PA 19381-0515 610-692-1371 PNC BANK,NATIONAL ASSOCIATION IN THE COURT OF COMMON PLEAS 1600 Market Street CUMBERLAND COUNTY,PENNSYLVANIA Philadelphia,PA 19103 Plaintiff CIVIL ACTION-LAW V. No. BRENT BLAUCH 1109 Orrs Bridge Road Mechanicsburg,PA 17055 Defendant AFFIDAVIT OF INCOME COMMONWEALTH OF PENNSYLVANIA . ss. COUNTY OF ALLEGHENY this day Augof/ 2014, before me a notary public, the undersigned officer, personally appeared CHRISTOPHER HEARN, known to me and being duly sworn according to law deposes and says that he is an Assistant Vice President at PNC Bank, National Association; that he is authorized to make this affidavit and that upon information and belief, states that at the time of execution of the Guaranty, the income of the individual Defendant exceeded $10,000.00 per year. SWORN TO and SUBSCRIBED befor me this LA day CHRISTOPI�E HEARN Of � —r- ,2014. f s 'NOTARY PUBLIC COMMONWEALTM OF PENNSYLVANIA Notarial Seal Patricia Behun,Notary Public City of Pittsburgh,Allegheny County My Commission Expires Dec.10,2014 MEMBER,PENNSYLVANIA ASSOCIATION OF NOTARIES - 9 - UNRUH,TURNER,BURKE&FREES,P.C. ATTORNEYS FOR PLAINTIFF BY: JOHN K.FIORILLO,ESQUIRE ATTORNEY I.D.No. 55658 BY: KRISTEN WETZEL LADD,ESQUIRE ATTORNEY I.D.No.208755 P.O.Box 515 WEST CHESTER,PA 19381-0515 610-692-1371 PNC BANK,NATIONAL ASSOCIATION IN THE COURT OF COMMON PLEAS 1600 Market Street CUMBERLAND COUNTY,PENNSYLVANIA Philadelphia, PA 19103 Plaintiff CIVIL ACTION-LAW V. No. BRENT BLAUCH 1109 Orrs Bridge Road Mechanicsburg,PA 17055 Defendant AFFIDAVIT OF NON-MILITARY SERVICE COMMONWEALTH OF PENNSYLVANIA ss. COUNTY OF ALLEGHENY On this 4 day of,�'tnn u u0 2014, before me a notary public, the undersigned officer, personally appeared CHRISTOPHER HEARN, known to me and being duly sworn according to law deposes and says that he is an Assistant Vice President at PNC Bank, National Association; that he is authorized to make this affidavit and that to the best of his knowledge, information and belief, the above-named Defendant is not in the military or naval service of the United States or its allies or otherwise within the provisions of the Soldiers and Sailors Civil Relief Act of 1940 and/or its amendments; and that the last known address of the above-named individual Defendant is as follows: BRENT BLAUCH 1109 Orfs Bridge Road Mechanicsburg,PA 17055 SWORN TO and SUBSCRIBED befor me this L4 day CHRISTOPHE EARN of L w S'd 2014. WAA C©MMONWEALTH OF PENNSYLVANIA NOTARY PUBLIC Notarial Seal Patricia Behun,Notary Public City of Pittsburgh,Allegheny County My Commission Expires Dec.10,2014 +EMBER.PENNSI'LVANIA ASSOCIATION OF NOTARIES VNRUH,TURNER,$URKE&FREES,P.C. ATTORNEYS FOR PLAINTIFF BY: JOHN K.FIORILLO,ESQUIRE ATTORNEY I.D.No, 55658 BY: KRISTEN WETZEL LADD,ESQUIRE ATTORNEY I.D.N0.208755 P.O. Box 515 WEST CHESTER,PA 19381-0515 610-692-1371 PNC BANK,NATIONAL ASSOCIATION IN THE COURT OF COMMON PLEAS 1600 Market Street CUMBERLAND COUNTY,PENNSYLVANIA Philadelphia, PA 19103 Plaintiff CIVIL ACTION-LAW CLU I V. LA-H�� BRENT BLAUCH 1109 Orrs Bridge Road Mechanicsburg, PA 17055 Defendant TO: BRENT BLAUCH 1109 Orrs Bridge Road Mechanicsburg,PA 17055 NOTICE Pursuant to Rule 236 of the Supreme Court of Pennsylvania, you are hereby notified that a JUDGMENT BY CONFESSION has been entered against you in the above-captioned proceeding and that enclosed herewith is a copy of all the (records)documents filed in support of the said judgment. IF YOU HAVE ANY QUESTIONS CONCERNING THIS NOTICE, PLEASE.CALL: ATTORNEY Kristen Wetzel Ladd,Esquire at telephone number: (610) 6992-1371. David D. Buell, Pro onota Cumberland County, nnsyly a Dated: , 2014 Deputy . UNRUH, TURNER, BURKE & FREES, P.C. BY: JOHN K. FIORILLO, ESQUIRE ATTORNEY I.D. No. 55658 BY: KRISTEN WETZEL LADD, ESQUIRE ATTORNEY I.D. No. 208755 P.O. Box 515 WEST CHESTER, PA 19381-0515 610-692-1371 PNC BANK, NATIONAL ASSOCIATION 1600 Market Street Philadelphia, PA 19103 v. BRENT BLAUCH 1109 Orrs Bridge Road Mechanicsburg, PA 17055 Plaintiff Defendant : ATTORNEYS FOR PLAINTIFF : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : No.14-470 - Civil PRAECIPE TO MARK JUDGMENT SATISFIED TO THE PROTHONOTARY: Kindly mark the judgment against Defendant, Brent Blauch in the above -captioned action as satisfied. Respectfully submitted: UNRUH, TURNER, BURKE & FREES, P.C. Date: V It I 10 14- By: Jo K. Fiorillo, Esquire/ Kristen Wetzel Ladd, Esquire Attorney for Plaintiff, PNC Bank, N.A. F.O. Box 515 West Chester, PA 19381-0515 (610) 692-1371 Attorney I.D. No. 55658/208755 UNRUH, TURNER, BURKE & FREES, P.C. BY: JOHN K. FIORILLO, ESQUIRE ATTORNEY I.D. No. 55658 BY: KRISTEN WETZEL LADD, ESQUIRE ATTORNEY I.D. No, 208755 P.O. Box 515 WEST CHESTER, PA 19381-0515 610-692-1371 PNC BANK, NATIONAL ASSOCIATION 1600 Market Street Philadelphia, PA 19103 v. BRENT BLAUCH 1109 Orrs Bridge Road Mechanicsburg, PA 17055 Plaintiff Defendant : ATTORNEYS FOR PLAINTIFF rn 'Q -r ro co p. (7, ri • • : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : No.14-4(070 - Civil PRAECIPE TO SETTLE, DISCONTINUE AND END WITH PREJUDICE TO THE PROTHONOTARY: Kindly mark the above -captioned case as settled, discontinued and ended with prejudice. Respectfully submitted, UNRUH, TURNER, BURKE & FREES, P.C. Date: /1_/4. By: John K. Fiorillo, Esquire Kristen Wetzel Ladd, Esquire Attorney for Plaintiff, PNC Ba P.O. Box 515 West Chester, PA 19381-0515 Attorney I.D. No. 208755 (610) 692-1371 , N.A.