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14-7056
Supreme Connsylvania Cour fec&mo leas For Prothonotary Use Only: It vor Q ; Docket No: Q ed County The information collected on this form is used solely for court administration purposes. This form does not supplement or replace the filing and service ofpleadings or other papers as required by law or rules of court. Commencement of Action: S El Complaint 171 Writ of Summons [3 Petition E [3 Transfer from Another Jurisdiction 13 Declaration of Taking C Lead Plaintiffs Name: Lead Defendant's Name: Wells Fargo Bank, N.A., et al. Strickland Brothers Construction, LLC, et al. T I Are money damages requested? El Yes ® No Dollar Amount Requested: Owithin arbitration limits 0 1 (check one) ®outside arbitration limits N Is this a Class Action Suit? M Yes [M No Is this an MDJAppeal? 13 Yes EK11 No A Name of Plaintiff/Appellant's Attorney: Gregg Morris, Esquire PA ID#69006 Check here if you have no attorney(are a Self-Represented JPro,Sel Litigant) Nature of the Case: Place an"X"to the left of the ONE case category that most accurately describes your PRIMARY CASE. If you are making more than one type of claim,check the one that you consider most important. TORT(do not include Mass Tort) CONTRACT(do not include Judgments) CIVIL APPEALS 0 Intentional [3 Buyer Plaintiff Administrative Agencies n Malicious Prosecution [3 Debt Collectiow Credit Card E3 Board of Assessment • Motor Vehicle El Debt Collection:Other 13 Board of Elections •Nuisance breach of contract E3 Dept.of Transportation M Premises Liability 13 Statutory Appeal:Other S [3 Product Liability (does not include ®Employment Dispute: E mass tort) [3 Slander/Libel/Defamation Discrimination 13 C E3 Other: Employment Dispute:Other ® Zoning Board T E3 Other: I I M Other: O MASS TORT [3 Asbestos N rl Tobacco [3 Toxic Tort-DES [3 Toxic Tort-Implant REAL PROPERTY MISCELLANEOUS 0 Toxic Waste ® Ejectment 13 Common Law/Statutory Arbitration B [3 Other: [3 Eminent Domain/Condemnation 13 Declaratory Judgment rl Ground Rent Mandamus 13 Landlord/Tenant Dispute Non-Domestic Relations 0 Mortgage Forc.losure:Residential Restraining Order PROFESSIONAL LIABILITY 0 Mortgage Foreclosure:Commercial 13 Quo Warranto 11 Dental 0 Partition Q Replevin [3 Legal [3 Quiet Title E3 Other: 13 Medical M Other: [3 Other Professional: Updated 11112011 tet; 1lf� r :'i�11tiiV1'Y01AR [l C-LC - kil If: 22 Ci/f� `j i_r�f,11 130 UN d t HiiitSYL.VA[41A IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA WELLS FARGO BANK,N.A., successor by merger to ) - WACHOVIA BANK,N.A., NO. Plaintiff, ) V. ) STRICKLAND BROTHERS CONSTRUCTION,LLC, ) MATTHEW STRICKLAND also known as MATTHEW G. ) STRICKLAND and JEFFREY STRICKLAND also known as ) M. JEFFREY STRICKLAND, ) Defendants. COMPLAINT IN CIVIL ACTION Filed on behalf of: WELLS FARGO BANK,NA A NATIONAL BANKING ASSOCIATION Counsel of Record for This Party: Gregg L. Morris, Esquire Pa I.D. #69006 Patenaude & Felix, A.P.C. 213 E. Main Street Carnegie, PA 15106 (412) 429-7675 PF—PA-1 l Cmplt Cvr Sht P&F File No. 14-39107 7(oloe/ f i IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA WELLS FARGO BANK,N.A., successor by merger to ) WACHOVIA BANK,N.A., ) NO. Plaintiff, ) V. ) STRICKLAND BROTHERS CONSTRUCTION, LLC, ) MATTHEW STRICKLAND also known as MATTHEW G. ) STRICKLAND and JEFFREY STRICKLAND also known as ) M. JEFFREY STRICKLAND, ) Defendants. NOTICE TO DEFEND You have been sued in Court. If you wish to defend against Usted ha sido demandado en corte. Si usted desea defenderse the claims set forth in the following pages, you must take de las demandas que se presentan mas adelante en las action within TWENTY (20) DAYS after this Complaint and siguientes paginas,debe tomar accion dentro de los proximos notice are served, by entering a written appearance personally veinte(20)dias despues de la notificacion de esta Demanda y or by an attorney, and filing in writing with the Court your Aviso radicando personalmente o por medio de un abogado defenses or objections to the claims set forth against you. You una comparecencia escrita y radicando en la Corte por escrito are warned that if you fail to do so the case may proceed sus defensas de,y objecciones a,las demandas presentadas without you and a judgment may be entered against you by the aqui en contra suya. Se le advierte de que si usted fall de court without further notice for any money claimed in the tomar accion como se describe anteriormente,el caso pude Complaint or for any other claim or relief requested by the proceder sin usted y un fallo por cualquier suma de dinero Plaintiff. You may lose money or property or other rights reclamada en la demanda o cualquier reclamacion o remedio important to you. solicitado por el demandante puede ser dictado en contra suya por la Corte sin mas aviso adicional. Usted puede perder dinero o propiedad au otros derechos importantes para usted. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER USTED DEBE LLEVAR ESTE DOCUMENTO A SU AT ONCE.IF YOU DO NOT HAVE A LAWYER GO TO OR ABOGADO INMEDIATAMENTE. SI USTED NO TIENE TELEPHONE THE OFFICE SET FORTH BELOW. THIS UN ABOGADO, LLAME O VAYA A LA SIGUENTE OFFICE CAN PROVIDE YOU WITH INFORMATION OFICINA. ESTA OFICINA PUEDE PROVEERLE ABOUT HIRING A LAWYER INFORMACION A CERCA DE COMO CONSEGUIR UN ABOGADO IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS SI USTED NO PUEDE PAGAR POR LOS SERVICIOS DE OFFICE MAY BE ABLE TO PROVIDE YOU WITH UN ABOGADO, ES POSSIBLE QUE ESTA OFICINA LE INFORMATION ABOUT AGENCIES THAT MAY OFFER PUEDA PROVEER INFORMACION SOBRE AGENCIAS LEGAL SERVICES TO ELIGIBLE PERSONS AT A QUE OFREZCAN SERVICIOS LEGALES SIN CARGO O REDUCED FEE OR NO FEE. BAJO COSO A PERSONAS QUE CALIFICAN. CUMBERLAND COUNTY BAR CUMBERLAND COUNTY BAR ASSOCIATION ASSOCIATION 32 SOUTH BEDFORD STREET 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 CARLISLE, PA 17013 717-249-3166 717-249-3166 PA 2lNotice to Defend P&F File No. 14-39107 f i IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA WELLS FARGO BANK,N.A., successor by merger to ) WACHOVIA BANK,N.A., ) NO. Plaintiff, ) V. ) STRICKLAND BROTHERS CONSTRUCTION, LLC, ) MATTHEW STRICKLAND also known as MATTHEW G. ) STRICKLAND and JEFFREY STRICKLAND also known as ) M. JEFFREY STRICKLAND, ) Defendants. COMPLAINT IN CIVIL ACTION AND NOW, comes Plaintiff, WELLS FARGO BANK,N.A., successor by merger to WACHOVIA BANK,N.A.,by and through its attorney, GREGG MORRIS, ESQUIRE and the law offices of PATENAUDE & FELIX, A.P.C. and files the following Complaint in Civil Action, and in support thereof aver as follows: 1. Plaintiff, above named, is a National Banking Association with offices located at 100 W. WASHINGTON, PHOENIX,AZ 85003 and is engaged in the business of consumer lending and commercial credit. 2. Defendants is STRICKLAND BROTHERS CONSTRUCTION, LLC, a limited liability company, believed to be doing business at 690 CREEK ROAD , CARLISLE, PA 17013. 3. Defendant is MATTHEW STRICKLAND a/k/a MATTHEW G. STRICKLAND, an adult individual, believed to currently reside at 11 PRICKLY PEAR DRIVE , CARLISLE, PA 17013. 4. Defendant is JEFFREY STRICKLAND a/k/a M. JEFFREY STRICKLAND, an WELLS FARGO BANK,N.A.successor by merger to WACHOVIA BANK,N.A.v.STRICKLAND BROTHERS CONSTRUCTION,LLC Civil Complaint P&F File No. 14- 39107 F s adult individual, believed to currently reside at 736 MACARTHUR DRIVE , CARLISLE, PA 17013. 5. Heretofore,the Defendants opened an account with Plaintiff now being Account No. XXXXXXXXXXXX8515. A copy of the Note,and Truth-In-Lending Disclosure Statement are attached hereto as Plaintiffs Exhibit "A" and incorporated herein by reference. 6. The Defendants made payment,but have failed to pay, and now will not pay the balance due and owing on the aforesaid account a:i:l now the full amount of the principal and interest is $75,666.74 as of July 8, 2014. A copy of the Statement is attached hereto as Plaintiffs Exhibit 'B" and incorporated herein by reference. 7. Plaintiff maintains accurate books of account recording all credits and debits for this account. 8. By signing the attached Note and using the line of credit, Defendants became bound by the terms of the Note. 9. Defendant is in default for failing to make payments as due since May 13, 2014 and as a result the entire unpaid balance became.d1je and payable. WHEREFORE, Plaintiff demands Judgment in its favor, and against Defendants, in the amount of$75,666.74 Ject ly submitted: and &Felix, A.P.C.g Orr- ,treetegie, PA 15106 429-7675 WELLS FARGO BANK,N.A.successor by merger to WACHOVIA BANK,N.A.v.STRICKLAND BROTHERS CONSTRUCTION,LLC Civil Complaint P&F File No. 14- 39107 5 , 09/18/2005 13:07 7172495463 STRICKLAND 13ROS CNST PAGE 01 YOUR BU ]NESS IS PRE-QUALff ED FOR OF TO $•1.00;000.5. :`:.; This Acceptance Certificate,is vdfid'utitil 30/207005- 4 EASY WAYS TO'RESPOND: Mailz Complete and mail your Acceptance Certificate 'This Acceptance Certificate is for. today in the enclosed,postage-paid envelope. M.J.Snicklarid,I'azrncr fax Fax your completed Acceptance Certificate S71UC.:K:A.ND BROT14ERS CNSTR toil-frrx to 1-866-261-6788, 690 Cm:k Rd. Phort For questions or to apply by phone, Carlisle,PA 17013-9646 cad 1-800-577-4990. Galitae:Visit www.wdlsfargo.comibiz/quickapp Reserv:.tion Number. BZISMSS IbIRMAMN:1?laaaf oo.gplea ttva,mdse uedoo for Foot bariaam. - — ---.. Ix>siitba Name Buvneu Stmt Addroaa(L4o P.O.Box,please) 6 us Phone Number, « City sots, zip Business Taxpayer lu Numba NuTtx_ {r'JI! p13 Zo— I(D 12039 Total tank balan0ec for the Business Busineu Bork Name Grow Annual Revenue Dare Dueicm EstaNishui S2 .Ir R/W!cr s t. m i l Boa Gnolyal T•ypc of owouahipt ❑Sole proprietor OPannctship OCorporation Opther •-_ PERSONAL WFORMMON:Pitaae aoaptaeethia astir.1-06 o to.gdb oaa»t,06ka ..ata pgnata.0l yaa;bai ay.s,ivmop,,chid acwoie or.gep.rax b.. m orad—ba,....W it you do got wish o R.•..h oonafdwe&Owns 42.ahowid ebt tepart any ltoaa.h,Id iaaorae aradootmt balad8'e'gl.o d.iaw�by:arae sl. Owws 01 Nome(pl-" y 14gr !Gc.. oo }tome street Addtw(No P.O.Bux,please) Home Phone,umbel Antwtt Ha-ckold 1A.0ax§ W! 10Z P,�ier�lo C e�� ( �� )ar -s,�a� s 6 Cry s Zi., Checking Brun= Ssvittgf Baltics Ow,yl 42 Namt epGass i> ^J•. L.irlJf 44 leo...Strte, yrrass(140 XO.Dox,ai�t D n 1-tome phone Number +Crura Hounbold Income§ Cc9 City eaaa $a 84d cc, IAT� uta : tow. go .� Please indicate below which of the following options you'd like for:•otu BusinessLinel account. ❑ Yest I want funds transferred to my business checking account right away( I have attar bed a voided check from the checking account in which to deposit the funds. Please make an Electronic Funds Transfer immediately upon opening my BsasinestL:ne accrnmt,in the 6oAowiag amount: O SS,000 13$10,000 O513,000 ❑Up to my eredlr limit` ❑Other S ❑ Yesl I want to nuke Telephone Transfers at no charge from my BusinmLine accou:a to my business checking account.I have attacheda. voided check hum the checking account in which to deposit the funds.* ❑ Yes!Please defer my monthly BusincssLine payments and stop interest and fees fror t accruing when a Major Event as described on the reverse side of dais application occurs.i have read and understood the entire Credit Ptotectinn Program Summary on the reverse side of this application. Xes, v off pply for a Wells khrgo B"ixessLifte accouAt.I certify that 1 have read and agree with the Tema and dd,i g the personal guaranty. /] Ow # Tide - X pate Owner 1112 Signature G w✓�{ jam,` ^� e A..•� Date J EXHIBIT I s2;syc S2757C (9.05) 8/15/05 5:11 PM Page 2 1 Wells Fargo BusinessLine Line of Credit SUMMARY OF FEATURES AND PRICING EFFECTIVE SEPTEMBER 2005 BusinessLine Checks NO CHARGE Telephone Transfers to Your NO CHARGE Business Checking Account` Automatic Payment and NO CHARGE Payments Made by Telephone, Collateral NONE REQUIRED(um_MuLed line of credit) Annual Interest Rate Prime+1.75%to Prime:9.75%depending on credit evaluation(interest charged only when account is used) Opening Fee 5150-5:50(depending on credit line) Annual Fee 5150(starting in the second year) Minimum Pavment Equal to the total of interest and fees;525 minimum)plus any amount past due. Yourbusiness has been pre•quallfied because it meets the Bank's basic selection criteria.This offer is subject to final credit approval of the company and as owners. Wells Fargo reserves the right to restrict this offer to for-profit businesses operating in businesses that meet our lending guidelines.Adding additional guarantors to the account may invalidate this pre-qualified offer.If credit is granted.your rate will be between Prime-1.75%and Prime-9.75%depending on your personal and business credit evaluation.The interest rate that you are assigned will remain in effect unless you default under the Customer Agreement or we exercise our right to change the terms of the account.Prime reters to Wells Fargo's Prime Rate.The quoted rate is based on'Neils Fargo's Prime Rate,which is 6.3%as of August 9.2005..A physical address.other than a P.O.Box,is required to receive a Wells Fargo BusinessLine account and you must not have an existing Wells Fargo BusinessLine account.You'll be able to make your first telephone transaction ten days after you obtain your BusinessLine account.After that,you may do so at any time.It will take a maximum of three days to transfer the funds.To help prevent your account from becoming overlimit,your electronic funds transfer amount will be the lesser of 1)the amount you requested,or 2),your approved credit line minus 51,500. To help the government fight the funding of terrorism and money laundering activities.US.Federal law requires financial institutions to obtain,verity,and record informa- tion that Identifies each person(individuals and businesses,who opens an account.What this means for you:When you open an account,we will ask for your name.address. date of birth and other information that will allow us to identify you.We may also ask for your driver's license or other identifying documents. Credit Protection Program Summary The Credit Protection program is an optional program and is not required to obtain credit. You pay only 50.35 cents per S 100 of your average daily balance each month. Once your application has been approved and your account is enrolled,you will receive complete Terms and Conditions for the Credit Protection Program.Please read and keep for future reterence. Credit Protection temporarily defers payments on your BusinessLine line of credit if you suffer a Disability,Childbirth.Bereavement or Business Disruption and are unable to conduct business as described in the Terms and Conditions for the Credit Protection Program. Credit Protection is not a waiver or cancellation of any amounts due on your account.Fees will be assessed monthly on your Businesstine account and you agree to pay the Credit Protection fees as charged.If Credit Protection fees are not paid in full each month,fees will become part of the account balance and interest will accrue.To request deferment of your Businessi.ine payments,you must meet the eligibility requirements and follow the instructions as described in the Terms and Conditions for the Credit Protection Program.Eligibility includes being charged for at least one Credit Protection fee on your monthly Businesstine billing statement.The number of months of deferment cannot exceed the number of months you have been charged Credit Protection fees.The maximum deferment periods are as follows: Major Event Maximum Deferment Period Maximum Deferment Per Year Disability Up to 12 months Up to 3 deferments every 12 months with a minimum of 2 months Childbirth.Bereavement Up to'2 months between each deferment. and Business Disruption wells Fargo BusinessLine Terms and Conditions By signing the front of this Acceptance Certificate,I accept on behalf of the Business named on reverse("Applicant')the terms and conditions of this offer.including the terms and conditions of the Customer Agreement that will be sent to the Applicant.I also accept in my individual capacity the terms of guaranty appearing below.By selecting the Electronic Funds Transfer option and signing on the reverse,I authorize Wells Fargo to issue a draft.on my behalf,against my BusinessLine account in the form of an electronic funds transfer or a check made payable to my business,which will be deposited In my business checking account or sent to me after my BusinessUrre account is approved.I agree that a facsimile of my signature,in any capacity,may be used to evidence my acceptance of these agreements.I certify that I am authorized to submit this application on behalf of the Applicant and that all information and documents provided in connection with this application,including federal and state income tax returns(if any),are true.correct.and complete.I authorize wells Fargo Bank.N.A.('Bank')to obtain balance and payoff information on all accounts requiring payoffas a condition of approving this acceptance certificate and to obtain consumer and business reports from and to report credit information to others,including the Internal Revenue Service and state taxing authorities,about me and my business.I agree to notify Bank promptly of any material change In iuch information.I acknowledge that(A this application is subject to final approval of the Applicant and its owners,and that Ili)additional information may be required in order for the Bank to make a final credit decision.I understand that if the Applicant is not approved for a Businesstine account,Wells Fargo may request additional information from the Applicant in order to qualify the Applicant for another Wells Fargo credit account.I agree to pay Bank's costs and attorneys fees in enforcing the Customer Agreement.I further agree that use of any feature of the Businesstine account or Businesstine"MasterCard-may be used as evidence of the foregoing authorizations,acceptances and agreements.I understand that If Appllcant is a legal entity,all owners are asked to sign the front of this application and include their titles.Except in Arizona,if the business owner is married,a spouse's signature Is not required unless he or she Is a co-owner of the business. I also,in my individual capacity(even though I may place a title or other designation next to my signature),jointly and severally unconditionally guarantee and promise to pay to Bank all indebtedness of The Applicant at any time arising under or relanng to this application and/or the Customer Agreement.as well as any extensions,increases.or renewals of that indebtedness.As guarantor,I waive(i)presentment,demand,protest,notice of protest and notice of non-payment;fii)any defense arising by reason of any defense of the Applicant or other guarantor;and dill the right to require Bank to proceed against Applicant or any other guarantor,to pursue any remedy in connection with the guaranteed indebtedness.or to notify guarantor of any additional indebtedness incurred by the Applicant,or of any changes in the Applicant's financial condition.I also authorize Bank, without notice or prior consent, to Ill extend, modify,compromise,accelerate, renew, increase or otherwise change the terms of the guaranteed indebtedness;00 proceed against one ur more guarantors without proceeding against the Applicant or another guarantor:and(Iii)release or substitute any Applicant, Co-Applicant and/or any guarantor.I agree(i)I will pay Bank's costs and attorneys'fees in enforcing this guaranty;60 this guaranty is made in South Dakota and will be governed by South Dakota law;and(iii)this guaranty shall benefit the Bank and its successors and assigns. Q , BusinessLine® Customer Agreement Effective: August 1, 2013 This BusinessLine Customer Agreement ("Agreement") governs the BusinessLine Account ("Account") that Wells Fargo Bank, N.A. ("Bank", "we") is establishing for use by your business organization ("Customer', "you") and your designated representatives. Customer accepts and agrees: (1) to be bound by the terms and conditions of the Agreement from the time the Account is opened, (2) that use of the Account, including but not limited to SUPERCHECKS'"' drafts or a BusinessLine® MasterCard@ card ("BusinessLine Card"), or a request for a transfer from the Account by anyone authorized by the Customer, shall be evidence of the Customer's acceptance of the terms and conditions of this Agreement, including but not limited to applicable Finance Charges and Other Charges and Fees, (3) that the Account will be used for business purposes only, and (4) that in no event shall the Account be used for any transaction that is illegal under any applicable law. Customer represents that it is not a Money Service Business as defined by federal law,or has identified itself to Bank as such a business and has complied with all applicable laws, rules and regulations governing such businesses. Customer agrees to comply with each and every term and condition of this Agreement as set forth below: PROMISE TO PAY. Customer promises to pay Bank, when due, the total of all purchases and advances made on the Account. Customer also promises to pay the total of any Finance Charges and Other Charges due on the Account, as stated in this Agreement, and all costs and expenses including any attorney's fees incurred in enforcing this Agreement. CREDIT LIMIT. The Credit Limit of an Account is shown in separate correspondence provided to Customer at the time an Account is opened, and on each of the monthly periodic billing statements issued for that Account. Customer will not use or permit the use of an Account in any way that will cause Account to exceed its Credit Limit. Customer is responsible for repaying outstanding advances under the Account, including but not limited to those that exceed its Credit Limit. Bank may, at its option, assess an Overlimit Fee, close the Account, reduce your Credit Limit, and exercise any of its other remedies under this Agreement, without notice to you. CARD SERVICES. Customer will be issued one or more BusinessLine Cards as requested by Customer. The following services are available, up to the amount of the Credit Limit of the Account. Purchases: A BusinessLine Card may be used to purchase goods or services wherever MasterCard@ credit cards are accepted. Cash Advances: Cash may be advanced from an Account by presenting the BusinessLine Card at a financial institution or an automated teller machine ("ATM") that accepts MasterCard credit cards. You can also get Cash Advances and perform balance inquiries using your BusinessLine Card with a Personal Identification Number("PIN")at all Wells Fargo@ ATMs,or any ATM which displays any of the logos appearing on the back of your BusinessLine Card. ADDITIONAL BUSINESSLINE CARDS. Customer may request up to 3 additional BusinessLine Cards be issued to either an Account Guarantor or Authorized Signer(defined below). Additional BusinessLine Cards are embossed with a common Account number and business name, but the personal name will be unique. Any person issued an additional BusinessLine Card is granted full access to, and authority to use, the Account. A person issued an additional BusinessLine Card would be able to view the Account in Wells Fargo Online@ Banking and also view any other Bank product(s) linked to the Account if that person is also an owner or signer on the other product(s). A person with an additional BusinessUne Card would be able to initiate transfers from the Account and payments to the Account from other linked Bank products. Account Guarantor; An Account Guarantor is an individual who signed as an authorized representative of the business and as a personal guarantor of the business'debt to the Bank, who has full access to Account funds and the ability to obtain information about the Account from customer service and online banking. An Account Guarantor Is personally liable for the entire debt incurred on the Account. Authorized Signer: An Authorized Signer is any person other than an Account Guarantor who has been authorized by Customer to access the Account. An Authorized Signer has full access to the Account funds and the ability to obtain information about the Account from customer service and online banking. 1 u , Authorized User: An Authorized User is any person other than an Account Guarantor who has been authorized by Customer to access the Account. An Authorized User is not issued a card, however an Authorized User has full access to the Account funds and the ability to obtain information about the Account from customer service and online banking. To Add, Change or Revoke Authorized User/Signer Privileges: If customer wishes to alter Authorized User/Signer privileges, Customer must contact the National Business Banking Center at 1-800-225-5935. Requests to add or change Authorized User/Signer privileges must be made in writing, via a standard form for such requests. Requests to revoke Authorized User/Signer privileges may be made over the phone, or in writing via standard form for such requests. To Add, Change or Revoke Additional BusinessLine Cards: All requests to add, change or revoke additional BusinessLine Cards must be made in writing. Customer may obtain a standard form for completing such requests from the National Business Banking Center at 1-800-225-5935. Ending/Revoking BusinessLine Card Privileges: If Customer wishes to cancel an additional BusinessLine Card or revoke the access granted to an Authorized Signer, Customer must recover the additional BusinessLine Card and return it to Bank at the address listed in the Inquiry&Correspondence section at the end of the Customer Agreement. If the additional BusinessLine Card is not recovered and returned to Bank, Customer shall continue to be liable for all activity even after notifying Bank. If Customer is unable to recover an additional BusinessLine Card, Customer must request that Bank change the Account number and reissue BusinessLine Cards only to those persons who remain authorized by Customer. AUTHORIZATIONS. All transactions on an Account are subject to prior approval by Bank("Authorizations"). Bank reserves the right to limit the number of Authorizations given during any period of time (day, weekend, week, etc.) and Bank may deny an Authorization if Bank suspects that the Account is being used without Customer's permission. If Bank's Authorization system is not working, Bank may be unable to give an Authorization even though the transaction would not exceed the Credit Limit and your Account is in good standing. For security reasons, Bank cannot explain the details of how the authorization system works. Bank shall not be liable for failing to give any such Authorization. Bank may, but is not required to, authorize transactions that will cause the balance on an Account to exceed the Credit Limit assigned to an Account, and Customer agrees it is liable for any such transactions as well as the associated Overlimit Fees and Finance Charges and Other Charges. OVERDRAFT PROTECTION ADVANCES. Bank offers a number of overdraft protection plans that may help Customer avoid the inconvenience and expense of overdrafts and returned items in a Wells Fargo® Business Checking Account ("Checking Account"). The types of accounts that can be linked for overdraft protection depend on the Checking Account you have. Some Checking Account plans also allow you to link your Checking Account to both a credit Account and a deposit account at the same time. If this is the case, the following will apply to Overdraft Protection Advances from your credit Account: • If you choose to link both a deposit account and a credit Account as overdraft protection, you may designate the account from which you want the funds advanced first. • If you do not designate an account order for Overdraft advances, Bank will automatically advance funds from your linked deposit account first, and then from your linked credit account, subject to credit availability under this Agreement. Bank will transfer the exact dollar amount to cover the overdraft, subject to your Credit Limit and a minimum overdraft advance amount of$25. If the amount of available credit on your Account is less than $25, or less than the overdraft, Bank will transfer the amount of the available credit. Overdraft advances,as well as applicable fees and finance charges, may cause the balance on your Account to exceed the Credit Limit, which can result in the assessment of an Overlimit Fee or application of other Remedies. If there is more than one person authorized to access, or listed on, the Checking Account, Customer will be responsible for all overdraft advances from the credit Account regardless of which individual accessed the Checking Account funds. Overdraft protection is an optional feature that may not be available on a Checking Account. Bank reserves the right to terminate Overdraft Protection without notice if overdraft advance transactions are the result of payments to the Account, or if a zero or negative balance Is maintained in the Checking Account for more than one month. Overdraft Protection is an optional feature that may not be available on an Account. Transaction Finance Charges will apply to each overdraft protection advance. In addition, Periodic Finance Charges apply to all overdraft protection advance balances from the date of the Overdraft protection advance. SUPERCHECKS'"' ADVANCES. SUPERCHECKS drafts may be used to access an Account. The drafts may be used like normal bank checks and will post to your account as Cash Advances. When the Bank receives a draft, the Bank will pay the draft by advancing the amount of the draft from the Account unless the Account is delinquent, in default,closed or the draft would cause the balance to exceed the Credit Limit of the Account. You may not write SUPERCHECKS drafts as payment to your Account. All SUPERCHECKS drafts must be written in U.S. dollars. No fees will be assessed when ordering SUPERCHECKS drafts. If you have a dispute with a merchant regarding property or services that you are unable to resolve with the merchant, and you used a SUPERCHECKS draft as payment, you will not have the right to assert against us any claims or defenses involving that transaction. SUPERCHECKS drafts may only be used and processed as paper drafts. Bank will not honor ACH or other electronic 2 transactions in which you have given/used the routing transit number and/or account number printed on the SUPERCHECKS drafts. In addition to Bank rejecting any such electronic transaction,the intended payee of the draft may assess fees or penalties. SUPERCHECKS Stop Payment: Bank does not guarantee the stop payment of a SUPERCHECKS draft; however, we will make an attempt to stop payment of the draft within a reasonable period of time after we receive your stop payment order, provided all information given to us is accurate and complete, and the draft has not already been paid. The stop will remain on Bank's system for six(6) months, unless the stop payment order is revoked or the draft is stopped. After six (6) months, the Customer must contact Bank if Customer wishes to re-enter the stop payment request. PAYMENTS. Customer will receive a periodic statement every month for the Account.The New Balance shown on the statement is the total of all unpaid obligations that have been posted to the Account as of the Statement Closing Date shown on statement. Customer may pay the Total Amount Due shown on the statement or any greater amount, but Bank must receive at least the Total Amount Due shown on the statement, in immediately available U.S. funds drawn on a U.S, bank, by the Current Payment Due Date shown on the statement. Current Payment Due: Your Current Payment Due will be equal to the sum of Finance Charges, Bank Fees,Other Charges plus up to 1% of your New Balance; rounded to the next highest dollar, with up to a $50 minimum. However, if the New Balance is less than $50, the entire New Balance is the Current Payment Due. For information regarding payment calculations after account closure refer to the 'Payments After Account Closure or Default' section of this customer agreement. Total Amount Due:The Total Amount Due shown on the statement is equal to the sum of the Current Payment Due PLUS any Past Due Amount, PLUS any payment due on promotional balances required by the terms of a promotion. If there is no Past Due Amount or promotional balance, then the Total Amount Due shown on the statement will equal the Current Payment Due. Payments After Account Closure or Default: After an Account closes or is closed for any reason, it is in the Customer's interest to pay off the remaining balance in as short a time as possible.To facilitate a faster payoff at any time after an Account closes or a Default occurs, Bank may increase the minimum Current Payment Due at or after time of Account Closure or Default occurrence up to $200. The minimum Current Payment Due on the account each billing cycle will be an amount set by Bank. If the New Balance is less than the current minimum Current Payment Due, the entire New Balance will be the Current Payment Due. Minimum Payment Changes: Bank reserves the right to require accelerated payments,while your account is open,and when the account is closed for any reason and has a balance. Automatic Payment: Automatic Payment service schedules automatic payments from a deposit account designated by you to pay your Account any month a balance is due. You may authorize payments of the Total Amount Due, or a greater amount. You may authorize the Automatic Payment service for an Account or Bank may require that you provide such an authorization as a condition of approving your Account and/or keeping your Account open. Please see separate correspondence from Bank regarding such a requirement. If an automatic payment is returned or reversed for any reason, or if an automatic payment results in an overdraft advance from the designated deposit account, Bank may terminate the Automatic Payment service without notice and/or close your Account. Other Payment Information: • Fees for additional Bank products/services charged to your Account may or may not be included in the Current Payment Due. If fees for these additional products/services are to be included in the Current Payment Due, those fees will be described in the separate information provided with those products/services. • Monthly Payments and any credits to your Account will be applied In an order determined by Bank at its sole discretion. Generally, payments are first applied to any Bank Fees and Finance Charges then to balances with lower interest rates and then to balances with higher interest rates. • Payments that are received at the designated payment processing address(printed on each periodic statement) by 5 p.m. on any business day will be credited as of the day of receipt. Payments received after 5 p.m. or on non-business days may be credited as of the next business day. Payments made at other Bank locations may not be credited for up to five business days. • Bank may, at its sole discretion, for a period of time Bank determines, withhold a portion of the available credit on your Account up to the amount of any payment(s) in order to ensure that the check or other payment instrument is honored. • Bank may, at its sole discretion, accept late payments, partial payments, post-dated checks, or any form of payment containing a restrictive endorsement, without losing any of our rights under this Agreement. Bank's acceptance of checks or money orders labeled "payment in full", or words to that effect, will not constitute an accord and satisfaction or a waiver 3 of any rights Bank may have to receive full payment. If you intend to pay your Account in full with an amount less than the total balance owing on your Account, payments must be sent to: Payment Remittance Center, PO Box 54349, Los Angeles, CA 90054-0349. Please note that such payments will not discharge your Full debt. FINANCE CHARGE. The total Finance Charge for an Account is the sum of the Periodic Finance Charge plus the Transaction Finance Charge assessed to the Account. The methods used to determine the balance or balances upon which the Finance Charges are computed are as follows: A. Periodic Finance Charge: For each type of balance on an Account (i.e., the Cash Advance balance, the Purchase balance and the Other balance) the Periodic Finance Charge is calculated by multiplying the Average Daily Balance during the billing cycle by the number of days in the billing cycle and then multiplying this product by the applicable Daily Finance Charge Rate. Periodic Finance Charge = (Average Daily Balance) x (#days) x (Daily Finance Charge Rate). B. Calculation of Average Daily Balance ("ADB"): To calculate your ADB each month, we calculate the daily balance of the Account for each day in the billing period ("Daily Balance"), add the Daily Balances together, and divide that total amount by the number of days in the billing period. Average Daily Balances for Cash Advances, Purchases, and Other categories are calculated separately and may be subject to different rates, For each category of balance (Cash Advances, Purchases, and Other), we calculate the Daily Balance by starting with the beginning balance related to that category plus any new activity (Cash Advances, Purchases, and Other) posted as of that day, plus any related unpaid Finance Charges, Transactions Charges, or Other Charges, and add a Periodic Finance Charge equal to the previous day's balance multiplied by the applicable Daily Finance Charge Rate. We then subtract the amount of any payments or credits applied to that balance category. C. When Periodic Finance Charge Begins and Ends: The Periodic Finance Charge for Purchases and Advances begins on the date the transaction is made. The Periodic Finance Charge for SUPERCHECKS transactions may begin the earlier of: the transaction date, the date a SUPERCHECKS draft is deposited by the payee, or the date we receive the SUPERCHECKS draft for posting to your Account. D. Daily Finance Charge Rate: The Daily Finance Charge Rate will either be a fixed rate or variable rate. Please refer to separate correspondence from the Bank provided at the time your Account is opened or at a later date to determine your Daily Finance Charge Rate. The Daily Finance Charge Rate for Cash Advances, Purchases, and Other balances may differ. The Daily Finance Charge Rate is calculated by dividing the applicable interest rate by 365. If your Account is subject to a variable rate, that rate will be determined for each monthly billing cycle by taking the highest Wells Fargo Prime Rate in effect during the Determination Date Range (see below) and adding an additional amount("Spread"). The Determination Date Range for changing your variable interest rate will be the 30 calendar days previous to each of your Statement Closing Dates, so the Daily Finance Charge Rate shown on your statement may or may not change in the month immediately following a change in the Wells Fargo Prime Rate. Any changes in your Daily Finance Charge Rate will apply to both current and future balances on the Account and the Daily Finance Charge Rate will continue to vary even If the Account is closed. The Bank initially determines your Spread at the time the Account is opened and may subsequently change the Spread at Bank's sole discretion. Please refer to separate correspondence from the Bank regarding your Spread. E. Wells Fargo Prime Rate: For purposes of this calculation, the Wells Fargo Prime Rate is the rate announced by the Bank from time to time as Its"Prime Rate." F. Transaction Finance Charge: The Transaction Finance Charge is a one-time charge made each time certain types of Cash Advances are posted to the Account. • The Transaction Finance Charge for each advance or transfer made at an ATM is 3% of the amount of the advance, subject to a $10 minimum and no maximum, • The Transaction Finance Charge for each advance obtained over-the-counter from a bank or financial institution is 3% of the amount of the advance, subject to a $10 minimum and no maximum. • The Transaction Finance Charge for each overdraft protection advance is based on the amount of the advance as follows: Overdraft Advance of:Charge amount: up to $50. . . . . . . . . . . . .$12.50 $50.01 or more . . . . . . . .$20.00 • The Transaction Finance Charge for each advance transacted at a casino, other wager or lottery ticket purchase, or advance 4 via wire transfer is 4% of the amount of each such transaction or purchase subject to a $10 minimum and no maximum. • There is NO TRANSACTION FINANCE CHARGE for using SUPERCHECKS drafts to advance funds. • There is NO TRANSACTION FINANCE CHARGE for using telephone transfer, Wells Fargo Online® Banking services to advance funds to your Checking Account, or fund Bill Pay transactions. OTHER CHARGES. The total of Other Charges that may be charged to the Account is the sum of: Fees That May Be Assessed Annually: Bank may assess an Annual Fee for the first year and each year thereafter for each Account. Alternatively, Bank may assess an Inactivity Fee for each year that the Account activity remains below the threshold established by Bank. Please refer to separate correspondence for thresholds and pricing details. If Customer elects to participate in the Business Line Rewards program or other loyalty/rewards programs, Bank may assess an enrollment/maintenance fee billed annually. Please refer to separate correspondence for pricing details. Bank may assess an Annual Fee or Inactivity Account Fee on each closed Account for each year a balance is maintained in the Account. Annual and Inactivity Account Fees will not be refunded in whole or in part after assessment even if the Account is subsequently suspended, closed, or terminated for any reason. Late Charge: If Bank does not receive at least the Total Amount Due by the Current Payment Due Date shown on your periodic statement; Bank may assess a Late Charge of$39. However, if the New Balance shown on your previous statement is less than $100, the Late Charge will be $25 and, if Account has been delinquent two or more times in the past 12 billing cycles, Bank may assess a Late Charge of $50. Bank may, but is not required to, contact Customers to inform them of other Late Charge amounts in cases of default. Overlimit Fee: If your Account balance exceeds your Credit Limit, Bank may assess an Overlimit Fee that is 1.5% of the overlimit amount, subject to a $39 minimum and a $75 maximum, any time your balance exceeds your Credit Limit, An Ovedimit Fee may be assessed each billing cycle in which the balance on the Account exceeds the Credit Limit. Returned Payment Fee: If payment on the Account is made with a check or other item that is not honored for any reason, Bank may assess a $29 fee. If a payment is returned unpaid by the bank or other payor upon which it was drawn, Bank may assess a $29 fee even if the payment is reprocessed and subsequently paid. If Customer pays more than one Account with a returned or dishonored item, a $29 fee may be assessed to each affected Account. The bank on which the check or returned or dishonored item was drawn may impose a separate fee for the dishonored item. Returned SUPERCHECKS Fee: If Bank receives a SUPERCHECKS draft for payment to a third party, and the Account has insufficient funds to cover the amount of the draft,or if the Account is otherwise not in good standing,the draft may be returned unpaid. Bank may also assess a $29 fee. Stop Payment Fee: If Customer requests that Bank place a "Stop Payment"on a SUPERCHECKS draft, the Bank may assess a charge of$29 for each Stop Payment request. Research Fee: Certain Bank services incurred in connection with the Account are subject to additional fees. If Customer requests that Bank research the Account, for example, to update Customer's business records, $5 may be assessed for each sales slip copy Bank provides, $3 may be assessed for each monthly Account statement Bank provides and $20 per hour may be assessed for other Bank research services. The hourly charge will apply as follows: 1-15 Minutes . . . . . . . . . . . . . $5 16-30 Minutes . . . . . . . . . . . $10 31-45 Minutes . . . . . . . . . . . $15 46-60 Minutes . . . . . . . . . . . $20 These fees will not be charged If Customer makes a good faith inquiry about a suspected error on a periodic statement for an Account. Foreign Currency Conversion Fee:If Customer originates a transaction in a foreign currency,Bank may assess a 3%Currency Conversion Fee on the converted U.S. dollar amount of the transaction. Mastercard International will convert the transaction into a U.S, dollar amount by using its currency conversion procedure in effect at the time the transaction is processed. Currently, their regulations and procedures provide that the currency conversion rate is either: (1) a wholesale rate, determined by the processor of the transaction, which rate may vary from the rate MasterCard International itself receives; or(2) a government- 5 mandated rate for the applicable currency as determined under applicable MasterCard International regulations and procedures. This rate may differ from the rate in effect when the transaction occurred or when it was posted to your Account. Your periodic statement will display additional details with most foreign currency transactions including: name of the foreign currency; units of the foreign currency; exchange rate; and the U.S, dollar amount of the Currency Conversion Fee. Fee Waivers: Bank may waive any of the fees in this Agreement at Bank's discretion; however, Bank reserves the right to begin charging any fee that was previously waived without providing prior notice to you. DEFAULT: The following constitute defaults under this Agreement: (1) a payment is not made when it is due; (2) the terms of this Agreement are breached in any way; (3) Customer or any guarantor of Customer's Account defaults under the terms of any other obligation to Bank; (4) a bankruptcy petition is filed by or against Customer or any guarantor of Customer's Account; (5) a significant change occurs in the ownership or organizational structure of Customer or in the type or volume of Customer's business; (6) Customer becomes insolvent or is dissolved, or Bank otherwise believes in good faith that the prospect of payment and/or performance under this Agreement Is impaired; (7) payments to the Account are returned or reversed for any reason; (8) Customer fails to submit required information the Bank deems necessary; (9) Customer's Account balance exceeds the Credit Limit; or (10) Bank observes excessive or suspicious Account usage or suspects an Account is involved in kiting. Customer will be charged the applicable Finance Charge Rate after any default under this Agreement. BANKER'S LIEN AND RIGHT OF SET-OFF. Bank has a general lien under South Dakota law on any of Customer's personal property in Bank's possession. In the event Customer does not make payment on the Account as.agreed, Bank may exercise its right of set-off against any obligation Bank owes to Customer, including a set-off to the extent permitted by law against any deposit account(s) Customer has with Bank. REMEDIES. In the event of any Default or failure to meet any condition under the preceding paragraphs, or upon any termination of an Account, Bank may, at its option and without prior notification: (1) close any or all Accounts to all use, including other types of accounts that the owner or guarantor Is responsible for or a signer on; (2) accelerate payment of the full balance on any or all Accounts and thereby require immediate payment of the full balance of such Accounts including, without limitation, any Finance Charge and Other Charges; (3) fix monthly Account payments at a hlgher amount; (4) immediately terminate any promotional rates and/or raise the interest rate on existing and new balances; (5) fix the Late Charge at a higher amount; and/or (6) terminate enrollment in any Rewards program and/or forfeit any accumulated points or cash-back balance earned but not yet redeemed. ARBITRATION PROGRAM. (a) Binding Arbitration:The parties hereto agree, upon demand by any party,to submit any Dispute to binding arbitration in accordance with the terms of this Arbitration Program.Arbitration may be demanded before the Institution of a judicial proceeding, or during a judicial proceeding, but not more than 60 days after service of a complaint, third party complaint, cross-claim, or any answer thereto, or any amendment to any of such pleadings. A "Dispute"shall include any dispute, claim or controversy of any kind, in contract or in tort, legal or equitable, now existing or hereafter arising, relating In any way to any aspect of this agreement, or any other agreement, document or instrument to which this Arbitration Program is attached or In which it appears or is referenced, or any related agreements, documents or instruments or any renewal, extension, modification or refinancing of any indebtedness or obligation relating to the foregoing, including without limitation, their negotiation, execution, 6 collateralization, administration, repayment, modification, extension, substitution, formation, inducement, enforcement,default or termination. This provision is a material inducement for the parties entering into the transactions relating to this Agreement, DISPUTES SUBMITTED TO ARBITRATION ARE NOT RESOLVED IN COURT BY A JUDGE OR JURY, TO THE EXTENT ALLOWED BY APPLICABLE LAW, THE PARTIES IRREVOCABLY AND VOLUNTARILY WAIVE ANY RIGHT THEY MAY HAVE TO A TRIAL BY JURY WITH RESPECT TO ANY DISPUTE ARBITRATED PURSUANT TO THIS ARBITRATION PROGRAM. (b) Governing Rules: Any arbitration proceeding will: (i) be governed by the Federal Arbitration Act (Title 9 of the United States Code), notwithstanding any conflicting choice of law provision In any of the documents between the parties; and (ii) be conducted by the American Arbitration Association ("AAA"), or such other administrator as the parties shall mutually agree upon, in accordance with the AAA's commercial dispute resolution procedures, unless the claim or counterclaim is at least $1,000,000.00 exclusive of claimed interest, arbitration fees and costs in which case the arbitration shall be conducted in accordance with the AAA's optional procedures for large, complex commercial disputes (the commercial dispute resolution procedures or the optional procedures for large complex commercial disputes to be referred to herein, as applicable, as the "Rules"). If there is any inconsistency between the terms hereof and the Rules, the terms and procedures set forth herein shall control. Arbitration proceedings hereunder shall be conducted at a location mutually agreeable to the parties, or if they cannot agree, then at a location selected by the AAA in the state of South Dakota. Any party who fails or refuses to submit to arbitration following a demand by any other party shall bear all costs and expenses incurred by such other party in compelling arbitration of any Dispute. The arbitrator shall award all costs and expenses of the arbitration proceeding. Nothing contained herein shall be deemed to be a waiver by any party that is a lender of the protections afforded to it under 12 U.S.C. §91 or any similar applicable state law. (c) No Waiver of Provisional Remedies,Self-Help and Foreclosure:The arbitration requirement does not limit the right of any party to: (1) foreclose against any real or personal property collateral; (ii) exercising self-help remedies relating to collateral or proceeds of collateral such as setoff or repossession; or(iii)obtain provisional or ancillary remedies such as replevin, injunctive relief, attachment, or the appointment of a receiver, before during or after the pendency of any arbitration proceeding. This exclusion does not constitute a waiver of the right or obligation of any parry to submit any Dispute to arbitration or reference hereunder, including those arising from the exercise of the actions detailed in section (i), (ii), and (iii) of this paragraph. (d) Arbitrator Qualifications and Powers: Any arbitration proceeding in which the amount in controversy is$5,000,000.00 or less will be decided by a single arbitrator selected according to the Rules, and who shall not render an award of greater than $5,000,000.00. Any Dispute in which the amount in controversy exceeds$5,000,000.00 shall be decided by majority vote of a panel of three arbitrators; provided however,that all three arbitrators must actively participate in all hearings and deliberations. Every arbitrator must be a neutral practicing attorney or a retired member of the state or federal judiciary, in either case with a minimum of ten years' experience in the substantive law applicable to the subject matter of the Dispute. The arbitrator will determine whether or not an issue is arbitratable and will give effect to the statutes of limitation in determining any claim. In any arbitration proceeding the arbitrator will decide (by documents only or with a hearing at the arbitrator's discretion) any pre-hearing motions which are similar to motions to dismiss for failure to state a claim or motions for summary adjudication. The arbitrator shall resolve all Disputes in accordance with the applicable substantive law and may grant any remedy or relief that a court of such state could order or grant within the scope hereof and such ancillary relief as is necessary to make effective any award. The arbitrator shall also have the power to award recovery of all costs and fees, to impose sanctions and to take such other action as the arbitrator deems necessary to the same extent a judge could pursuant to the Federal Rules of Civil Procedure, the applicable state rules of civil procedure, or other applicable law. Judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction. The institution and maintenance of an action for judicial relief or pursuit of a provisional or ancillary remedy shall not constitute a waiver of the right of any party, including the plaintiff, to submit the controversy or claim to arbitration if any other party contests such action for judicial relief. (e) Discovery: In any arbitration proceeding discovery will be permitted in accordance with the Rules. All discovery shall be expressly limited to matters directly relevant to the Dispute being arbitrated and must be completed no later than 20 days before the hearing date. Any requests for an extension of the discovery periods, or any discovery disputes, will be subject to final determination by the arbitrator upon a showing that the request for discovery Is essential for the party's presentation and that no alternative means for obtaining information is available. (f) Class Proceedings and Consolidations: No party shall be entitled to join or consolidate disputes by or against others in any arbitration, except parties to this Agreement, or to include in any arbitration any dispute as a representative or member of a class, or to act in any arbitration in the interest of the general public or in a private attorney general capacity. (g) Miscellaneous: To the maximum extent practicable, the AAA, the arbitrators and the parties shall take all action required to conclude any arbitration proceeding within 180 days of the filing of the Dispute with the AAA. No arbitrator or other party to an arbitration proceeding may disclose the existence, content or results thereof,except for disclosures of information by a party required in the ordinary course of its business or by applicable law or regulation. If more than one agreement for arbitration by or between the parties potentially applies to a Dispute, the arbitration provision most directly related to the documents between the parties or the subject matter of the Dispute shall control. This arbitration provision shall survive the repayment of 7 the obligations that are the subject of this agreement and the termination, amendment or expiration of any of the documents or any relationship between the parties. LIMITATION ON LAWSUITS, Customer agrees that any lawsuit based upon any cause of action which Customer may have against Bank must be filed within one year from the date that the cause of action arises or Customer will be barred from filing the lawsuit. This limitation is intended to include tort, contract, and all other causes of action for which Customer and Bank may lawfully contract to set limitations for bringing suit. TRANSFERS. Customer authorizes Bank to make transfers, up to the lower of the available Credit Limit or Cash Credit Limit, if applicable, between the Account and other accounts specified in writing, upon Bank's receipt of instructions from any of Customer's owners or principals or any other person believed by Bank in good faith to have been authorized by Customer. Bank will have no liability for any transfer made upon the written or verbal request of Customer or any person believed by Bank in good faith to have been authorized by Customer to submit the request. Customer will indemnify and hold Bank harmless from and against any damages, liabilities, costs or expenses (including attorney's fees) arising out of any claim by Customer or any third party, against Bank in connection with Bank's performance of transfers as described above. CREDIT REPORTS AND RE-EVALUATION OF CREDIT. Customer authorizes Bank to obtain business and personal credit bureau reports in the name of the Customer, its owners, and each guarantor of Customer's obligations under this Agreement (each a "Guarantor") at any time. Customer agrees to submit to Bank current financial information in it's name (if a sole proprietor) and in the name of the Customer and to submit or cause each Guarantor to submit to Bank current financial information in the name of the Guarantor at any time upon request by Bank. Credit bureau reports and such other information shall be used for the purpose of evaluating or re-evaluating Customer's, its owners and Guarantor(s)' creditworthiness and whether to continue to extend credit and if so, in what amount. Customer also authorizes Bank to use such information and to share it with its affiliates in order to determine whether the Customer is qualified for other products and services offered by Bank and its affiliates. Upon determination that Customer's, its owners'or Guarantor(s)'creditworthiness has changed adversely or does not satisfy Bank's current credit standards, Bank may close or lower the Credit Limit on any or all Accounts. Bank may report its credit experience with Customer, its owners'and Guarantor(s)'and Customer's Account(s) to third parties. Customer agrees that Bank may release information about Customer, its owners', the Guarantor(s)'and/or Customer's Account to Bank affiliates. Important Notice About Credit Reporting. Bank may report information about your Account(s) to credit bureaus and/or consumer reporting agencies in the name of your business organization and in the name of any Guarantor(s). Late payments, missed payments or other defaults on your Account(s) may be reflected in your and Guarantor(s) credit report(s) and/or consumer report(s). ECOA INFORMATION. If any application for additional business credit is denied, you have the right to a written statement of the specific reasons for the denial. To obtain the statement, please contact the Business Direct Loan Center, PO Box 29482, Phoenix, AZ 85038, or call (800) 231-9244, within 60 days from the date you are notified of our decision. We will send you a written statement of reasons for the denial within 30 days of receiving your request for the statement. ECOA Notice: The federal Equal Credit Opportunity Act prohibits creditors from discriminating against credit applicants on the basis of race, color, religlon, national origin, sex, marital status, age (provided the applicant has the capacity to enter into a binding contract); because all or part of the applicant's income is derived from any public assistance program; or because the applicant has in good faith exercised any right under the Consumer Credit Protection Act. The Federal agency that administers compliance with this law concerning Wells Fargo Bank N.A. is the Bureau of Consumer Financial Protection, 1700 G Street NW, Washington, DC 20006. RIGHT TO TERMINATE AN ACCOUNT. In addition to any other Remedies provided in the Agreement, Bank may terminate any or all of Customer's Accounts at any time, or reduce the amount of Customer's Credit Limit, on any or all of its Accounts, without notice, subject to applicable law, even though a Default on any Account may not have occurred. If Bank terminates an Account, Customer agrees to destroy any BusinessLine Card(s) and SUPERCHECKS drafts issued on that Account. Customer agrees that it will continue to be responsible for full payment of the balance on the closed Account(s) and all charges to the Account(s), including,without limitation: SUPERCHECKS advances, Purchases and Cash Advances that post after termination of the Account and any Finance Charge and Other Charges. Any principal/owner of Customer or any other person authorized by Customer may cancel the Account at any time upon written notification to the Bank. CHANGE IN TERMS OF AN ACCOUNT. Bank may unilaterally change any of the terms of any of Customer's Accounts at Bank's sole discretion at any time. Bank will provide Customer with such notice as is required by law, by mailing such notice to Customer at the latest postal address shown in Bank's records. If Customer has elected to receive statements electronically, notices may be delivered to Customer electronically in the same manner that periodic billing statements are delivered and Bank will have met the notice requirement by sending Customer an email or other electronic message to the email or electronic address on file that either contains the notice or directs Customer to an internet accessible location where the notice may be 8 viewed. Customer is responsible for maintaining a valid email or other electronic address as applicable, and is responsible for updating this address if it changes. Bank at all times reserves the right to deliver any statement notice, or other communication to Customer in writing at the latest postal address shown in Bank's records. Subject to applicable law and provided Bank does not notify Customer otherwise, any changes will apply to the current balance of its Accounts as well as to future balances. LIABILITY FOR UNAUTHORIZED USE. Bank will not hold Customer liable for the unauthorized use of Account subject to the following: (1) Customer must notify Bank immediately if Customer suspects or knows that a BusinessLine Card(s)or SUPERCHECKS drafts are lost or stolen, or in the possession of an unauthorized person, by calling 1-800-225-5935. (2) Use of a BusinessLine Card(s) or SUPERCHECKS drafts by a person authorized by Customer to use the Account at any time, even if that person is no longer associated with or employed by Customer, does not constitute unauthorized use, subject to applicable law. BILLING ERRORS. Customer agrees to notify Bank of any billing errors regarding a merchant transaction posted to the Account within 30 days after delivery of the statement reflecting the error. If Bank is unable to resolve the error with the responsible merchant, Customer agrees to pay Bank the amount in question and further pursuit of the issue with the merchant will become Customer's responsibility. LAWS GOVERNING THIS AGREEMENT. The laws of the state of South Dakota shall govern this Agreement. If any part of this Agreement cannot be enforced, this fact will not affect the rest of this Agreement. Bank may delay or forego enforcing any of Its rights or remedies under this Agreement without losing them. Notwithstanding anything to the contrary, this Agreement shall not require or permit the payment, taking, reserving, receiving, collection or charging of any sums constituting interest that exceed any maximum amount of Interest permitted by applicable law. Any such excess interest shall be credited against the then unpaid principal balance or refunded to Customer. Without limiting the foregoing, all calculations to determine whether interest exceeds the maximum amount shall be made by amortizing, pro-rating, allocating and spreading such sums over the full term of the loan, including all prior and subsequent renewals and extensions. Chapter 346 of the Texas Finance Code(which regulates certain revolving credit accounts) shall not apply to any revolving loan accounts existing under this Agreement. TELEPHONE MONITORING AND CONTACTING YOU. From time to time Bank may monitor and record telephone calls regarding your Account to assure the quality of our service.You agree, in order for Bank to service the Account or to collect any amounts that may be owed, that Bank may from time to time make calls and send text messages to you, using prerecorded/ artificial voice messages and/or through the use of an automatic dialing device, at any telephone number associated with your Account, including mobile telephone numbers that could result in charges to you. You also expressly consent to Bank sending email messages regarding your Account to your email address. TELEPHONE SERVICE. You may contact us toll free at 1-800-225-5935. If you need to contact us from outside the United States you can call the same toil free telephone number using the respective country code. Visit www.wellsfargo.com/intl for more details. TTY/TDD SERVICE. For TTY/TDD service, contact a telephone relay service provider. PAYMENT ADDRESS. Wells Fargo Business Payment Processing, PO Box 54349, Los Angeles, CA 90054. INQUIRY&CORRESPONDENCE ADDRESS.Wells Fargo Business Correspondence, PO Box 348750, Sacramento, CA 95834. CHANGES OF ADDRESS,TELEPHONE NUMBER, OR NAME. Customer agrees to immediately notify Bank in writing of any change of business or mailing address, telephone number, or business name. LBD00134 LS-8567 BD-9598 ©2013 Wells Fargo Bank,N.A.All rights reserved,Member FDIC. 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Total Amount Due $6,271.00 Your Current Payment of$1,071.00 is due Current Pa)Ment Due Date 07107/14 97/07/14. If you wish to pay off your balance in full:The balance noted on your statement is not the payoff amount.Please call 800-225-5935 for payoff information. Account Summary Previous Balance $74,974.64 Credits $0.00 Payments $0.00 Purchases&Other Charges + $89.00 Cash Advances + _$0.00 Finance Charges + $603.10 New Balance - $75,666.74 Rate Information Your rate may vary according to the terms of your agreement. ANNUAL j DAILY AVERAGE PERIODIC TRANSACTIONI TOTAL INTEREST FINANCE DAILY FINANCE FINANCE FINANCE TYPE OF BALANCE RATE •CHARGE RATE BALANCE CHARGES CHARGES CHARGES PURCHASES 9.750% .02671% $791.25 $6.34 $0.00 $6.34 CASH ADVANCES 9.750% .02671% $74.474.48 $596.76 $0.00 $596.76 TOTAL $603.10 $0.00 $503.10 Important Information YOUR ACCOUNT IS SERIOUSLY PAST DUE.IT IS IMPERATIVE YOU CONTACT WELLS FARGO BANK AT 1-888-715-4315 See reverse side for Important Information. S596 YTG 1 7 9 1,0611 0 FY9ACM 1 or 1 _0 1911 1000 Dell CADOSS96 _______________________________------------------ .DETACH HERE----------------------------------------------------------- Detach and mall wish check payable ur�Netla Fargo'to antve by Current Payment Due Date. Make checks payable to:Wells Fargo Account Number 15 85159 New Balance $75,666.74 Total Amount Due $6,271.00 Print addross or Current Payment Due Date 07/07/14 phone changes .}•,•x;::;+Vs..�.:.�':.:xs,+rrrrzw;r :.crar>.^. ;e W0/k( _ Amount �r �µy; ;... Enctosed: 3 l Irltir111'II'III'II'Ilrtillll"1111111"lilllllll'IIi'itll"i"'I Ml EIFFREYSTROKLANDCONs PAYMENT REMITTANCE CENTER YTG 736 MACARTH UR OR CARLISLE PA 1701&1671 CAROB TREAM ILSOI97.6426 9 IIP,IuItPudllh16tIU11PItlufhrlrhiulladiuluuPill EXHIBIT ff your card is ever lost or stolen: Please notify us immediately by calling:1-800-225-5935,24 hours a day,7 days a week. Questions about your statement: If you have a question about your statement,please write to us within 30 days after the statement was mailed to you. Please use a separate letter and inciuderyour account number and the date of the statement in question. This address is for inquiries only.For payments use the address on the payment coupon at the bottom of the statement. Mail to: Wells Fargo Business Direct PO Box 348750 Sacramento,CA 95834 For all your personal or business financial service needs Visit us at www.wellsfarao,_cgm Payment instructions: Please detach and mail this section with your check to the Payment Remittance Center address on the reverse side of this payment coupon.One or more accounts may be paid with one check provided Wells Fargo receives the following:a completed payment coupon from each statement or a document indicating the portion of the payment to be credited to each account number,and a check for at least the total minimum payment due for all accounts,up to payment in full for all accounts. Note:Payments that are received as of 5 p.m.on any business day will be credited as of the date of receipt. For your convenience,we have included an envelope and a payment coupon to ensure timely posting. Payments we receive after 5 p.m.or on non-business days will be credited as of the next business day. Payments made at other Wells Fargo locations may not be credited for up to five business days. 0 2013 was Fmpo Bank NA an M"Rosamd. 01 DQ5596-4-08/29/13 Page 2 of 3 Important Information AN OVERLIMIT FEE WAS ASSESSED WHEN YOUR ACCOUNT BALANCE EXCEEDED THE ESTABLISHED CREDIT LIMIT ON 06112/14. The overlimit amount is due and payable immediately.Please send a payment to: PAYMENT REMITTANCE CENTER PO BOX 6426 CAROL STREAM IL 60197-6426. You may be subject to overlimit fees in each statement period your account is overlimit. This Account is closed to future transactions. Transaction Details Trans Post Reference Number Description Credits Charges 06/12 06/12 OVERUMIT FEE 39,00 06/12 06/12 LATE CHARGE $0,00 PERIODiC'FINANC£CHARGE' PURCHASES $6.34 CASH ADVANCE$596.76 603.10 5596 YM 1 7 9 1906,12 0 F PAGE 2 of 1 10 1821 4000 D013 01005596 The undersigned,does hereby verify subject to the penalties of 18 Pa.C.S. Section 4904 "relating to unsworn falsification to authorities,that he is a Client Services Consultant of Wella Fargo Bank,N.A. successor by merger to Wachovia Bank,N.A.,Plaintiff herein,and that he is duly authorized to crake this Declaration,and that the facts set forth in the foregoing document are true and correct to the best of his knowledge,information and belief. 312d Client Services Consul Wells Fargo Bank,N.A,successor by merger to Wachovia Bank,N.A. Ate. 4fL.,.1 WELL FAROO BAMC.NA mooessar by mega to WACHOVU BANK„NA v. STRIQCLAND BROTHERS ODNFMUCRON.LLC Vaiii=dw of t Pff Fie No.14,39107 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA WELLS FARGO BANK,N.A.,succor by merger to ) WACHOVIA BANK,N.A., ) NO. Plaintiff, ) V. ) STRICKLAND BROTHERS CONSTRUCTION,LLC, ) MATTHEW STRICKLAND also known as MATTHEW G. ) STRICKLAND and JEFFREY STRICKLAND also known as ) M.JEFFREY STRICKLAND, ) Defendants. AEFIDAVrr 1,_)e,ci,L,J b-,JA am an employee and authorized a tef"of Weds Fargo Bank,N.A.successor by merger to Wachovia Bank,NA.and I do hemby affirm that the amount owed by STRICKLAND BROTHERS CONSTRUCTION,LLC and MATTHEW STRICKLAND also known as MATTHEW G.SnUCKLAND and JEFFREY SMUCKLAND also known as M.JEFFREY STRICKLAND is$75,666.74 as o my 8 Ol Date: 12 jp4ii We&Fargo Bank,NA.auooessor b�yy to Wachovia Bank,NA. 2c���-. til,I � State of AV(V V1 k, ) County of " kk(C6 )SS. ) Signed and sworn to(or afrmed)before me on /UoVtP-1,h21-- l-, oZo(� (fie) by CG1 L! V10(-�hynL�/t L (name[s]ofperson[s]making statement). K—VA (si e ) (SYonr�p or Seal) No ary4ablicitlelrank of other o•$Ice-' JENNIFER E. PARKER a'. NOTARY PUBLIC-ARIZONA ye N MARICOPA COUNTY My Commission Expires July 13,2018 WELLS FAROO BANK,N.A.woons�ot by mcraet to WACHOVIA BANY,NA v. STRKXLAND AHidevit of Campltw ARF Fib No- 1439107 LAW OFFICES OF M. EDVARD SHPRUKHMAN By: M. Edvard Shprukhman, Esq. ATTORNEY FOR DEFENDANT Identification No. 92825 8202 Anita Road Baltimore, MD 21208 410-262-6448 WELLS FARGO BANK, N.A. Plaintiff vs. • STRICKLAND BROTHERS CONSTRUCTION, LLC, ET. AL. Defendant COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA CASE NO.: 2014-7056 civil ENTRY OF APPEARANCE Kindly enter my appearance on behalf of Defendants with reference to the above - captioned matter. LAW OFFICES OF M. EDV By: M. Edvard Shprukhman, Esquire Attorney for Defendants\ 8202 Anita Road Baltimore, MD21208 410-262-6448 CERTIFICATE OF SERVICE ra i -r> ta> I hereby certify that on this day I have forwarded a true and correct copy of Defendant's Entry of Appearance, via the U.S. Postal Service, first-class mail, postage prepaid to the following parties: By: Dated: 12/23/14 Paternaude & Felix, APC Attn: Gregg Morris, Esq. 213 E. Main Street Carnegie, PA 15106 M. Edvard Shprukhman, Esquire Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor SHERIFF'S OFFICE OF CUMBERLAND COUNTY omf'10E OF TI4E. S F IFF THE FRO T HONO 2015 JAN -.1 PH 2: 147 Iw. Ui DEt4LANLJ COUNTY PENNSYLVANIA Wells Fargo Bank vs. Strickland Brothers Construction, LLC (et al.) Case Number 2014-7056 SHERIFF'S RETURN OF SERVICE 12/15/2014 07:07 PM - Deputy Shawn Gutshall, being duly sworn according to law, served the requested Complaint & Notice by "personally" handing a true copy to a person representing themselves to be the Defendant, to wit: Matthew G Strickland at 11 Prickly Pear Drive, North Middleton, CarliA 17013. Wz.14111LAteiVtAttroi. PUTY 12/19/2014 05:32 PM - Deputy Jason Kinsler, being duly sworn according to law, served the requested Complaint & Notice by handing a true copy to a person representing themselves to be Jeffrey Strickland, Co -Owner, who accepted as "Adult Person in Charge" for Strickland Brothers Construction, LLC at 736 Macarthur Drive, North Middleton, Carlisle, PA 17013. J. ONNIK SLER, DEPUTY 12/19/2014 05:32 PM - Deputy Jason Kinsler, being duly sworn according to law, served the requested Complaint & Notice by "personally" handing a true copy to a person representing themselves to be the Defendant, to wit: M Jeffrey Strickland at 736 Macarthur Dr, Carlisle, PA 17013. SHERIFF COST: $66.78 December 24, 2014 Cc) Counfyouite Sherif' eosoft A ON KINSLER, , DEPUTY SO ANSWERS, RONN? R ANDERSON, SHERIFF e WELLS FARGO BANK, N.A. COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA Plaintiff vs. c,, r r ,-,. �' 1 . CASE NO.: 2014-7056 civil ',?,c.- ..Q -' STRICT LAND BROTHERS , - J .-c3 -.. f; CONSTRUCTION, LLC, ET. AL. -7 ., "o1 p N .7. Defendant = c::: N DEFENDANTS' ANSWER WITH NEW MATTER Defendants, Strickland Brothers Construction, LLC, Matthew Strickland and Jeffrey Strickland, answer as follows: 1. Denied. Defendants are without knowledge or information sufficient to form a belief as to the truth or accuracy of these allegations, and therefore said allegations are denied. Furthermore, Defendants demand a strict proof at trial. 2. Admitted. 3. Admitted. 4. Admitted. 5. Denied. Defendants are without knowledge or information sufficient to form a belief as to the truth or accuracy of these allegations, and therefore said allegations are denied. Furthermore, Defendants demand a strict proof at trial. Furthermore, Defendants specifically deny owing the amount claimed in the complaint. 6. Denied. Defendants are without knowledge or information sufficient to form a belief as to the truth or accuracy of these allegations, and therefore said allegations are denied. Furthermore, Defendants demand a strict proof at trial. Furthermore, Defendants specifically deny owing the amount claimed in the complaint. 7. Denied. Defendants are without knowledge or information sufficient to form a belief as to the truth or accuracy of these allegations, and therefore said allegations are denied. Furthermore, Defendants demand a strict proof at trial. Furthermore, Defendants specifically deny owing the amount claimed in the complaint. 8. Denied. Defendants are without knowledge or information sufficient to form a belief as to the truth or accuracy of these allegations, and therefore said allegations are denied. Furthermore, Defendants demand a strict proof at trial. Furthermore, Defendants specifically deny owing the amount claimed in the complaint. 9. Denied. Defendants are without knowledge or information sufficient to form a belief as to the truth or accuracy of these allegations, and therefore said allegations are denied. Furthermore, Defendants demand a strict proof at trial. Furthermore, Defendants specifically deny owing the amount claimed in the complaint. WHEREFORE, Defendants demand judgment in their favor, plus costs of suit, attorney's fees and any other relief the court deems appropriate. NEW MATTER 10. The claims of the Plaintiff are barred by the applicable provisions of the Statute of Limitations and/or Laches. 11. The Complaint of the Plaintiff fails to state a cause of action upon which relief may be granted. 12. The alleged incident was the result of the negligence of third parties over whom the Answering Defendant had no control. 13. The alleged incident was the result of the gross and wanton negligence of the Plaintiff. 14. The Answering Defendant reserves the right to contest service of process and sufficiency of service of process. 15. This action is barred by the Doctrine of Assumption of Risk. 16. The Plaintiff has failed to mitigate damages. 17. The claims of the Plaintiff are barred by the Doctrine of Res Judicata. 18. The claims of the Plaintiff are barred by the Doctrine of Accord and Satisfaction and/or Release. 19. The Court has no jurisdiction to preside over this matter. WHEREFORE, Defendants demand judgment in their favor, plus costs of suit, attorney's fees and any other relief the court deems appropriate. By: Date: Stfl 4 . / Brothers Construction, LLC, Matthew Strickland and Jeffrey Strickland tZI Zgl2o►4 WELLS FARGO BANK, N.A. COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA Plaintiff vs. CASE NO.: 2014-7056 civil STRICKLAND BROTHERS CONSTRUCTION, LLC, ET. AL. Defendant VERIFICATION I, Strickland Brothers Construction, LLC, Matthew. Strickland and Jeffrey Strickland, hereby verify that the facts set forth in the foregoing Answer to Complaint with New Matter are true and correct to the best of my knowledge, information and belief. I understand that the statements therein are made subject to the penalties of 18 Pa. C.S.S.4904 relating to unsworn falsification to authorities. By: Strickland Brothers Construction, LLC, Matthew Strickland and Jeffrey Strickland Dated: I2 2q/2 014- WELLS FARGO BANK, N.A. COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA Plaintiff • vs. STRICKLAND BROTHERS CONSTRUCTION, LLC, ET. AL. Defendant • CASE NO.: 2014-7056 civil CERTIFICATE OF SERVICE I hereby certify that on this day I have forwarded a true and correct copy of Defendant's Answer with New Matter, via the U.S. Postal Service, first-class mail, postage prepaid to the following parties: Dated: By: Paternaude & Felix, APC Attn: Gregg Morris, Esq. 213 E. Main Street Carnegie, PA 15106 M. Edvard Shprukhman, Esq.