HomeMy WebLinkAbout05-4503
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
PNC BANK, NATIONAL ASSOCIATION, )
)
Plaintiff, )
)
vs. )
)
STAR NET TECHNOLOGIES and )
DOUGLAS MORROW, )
)
Defendants, )
CIVIL DIVISION
NO. 0 S- - 1../.!:6J
C/U~L Ytt."'l
CONFESSION OF JUDGMENT
Pursuant to the authority granted in the Warrant of Attorney contained in the Note, the
undersigned attorney hereby appears for Defendants and confesses judgment in favor of Plaintiff,
PNC BANK, NATIONAL ASSOCIATION, and against Defendants, jointly and severally, as follows:
Principal Debt
$20,200,00
$ 689.61
$ 26.96
$ 2,088.96
$23,005.53
Interest through 8/23/05
Late charges
Attorney's Commission
Total
By: ~V\;Y\-C>-- ~~"'"
Donna M. Donaher, Esquire
Attorney for PNC Bank, National Association
,
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
PNC BANK, NATIONAL ASSOCIATION,
CIVIL DIVISION
Plaintiff,
NO. 0 S - -1'.5'08
C:u~L;-~
vs.
STAR NET TECHNOLOGIES and
DOUGLAS MORROW,
Defendants,
COMPLAINT IN CONFESSION OF
JUDGMENT
Filed on behalf of Plaintiff,
PNC Bank, National Association
Counsel of Record for This
Party:
Donna M. Danaher, Esquire
Pa.I.O.#53165
TUCKER ARENSBERG, P.C.
Firm #287
1500 One PPG Place
Pittsburgh, PA 15222
(412) 566-1212
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
PNC BANK, NATIONAL ASSOCIATION,
Plaintiff,
)
)
)
)
)
)
)
)
)
)
NO. Df; - L.f f:. C>~
Cu~ll~
CIVIL DIVISION
vs.
STAR NET TECHNOLOGIES and
DOUGLAS MORROW,
Defendants.
COMPLAINT IN CONFESSION OF JUDGMENT
AND NOW, comes the Plaintiff, PNC BANK, NATIONAL ASSOCIATION, formerly
Pittsburgh National Bank, by and through its counsel, Tucker Arensberg, P.C., and files this
Complaint confessing judgment in its favor, stating as follows:
1. Plaintiff, PNC BANK, NATIONAL ASSOCIATION, ("PNCB"), is a national banking
association organized and existing under the laws of the United States of America and a citizen of
Pennsylvania, with its main office located at Fifth Avenue and Wood Street, Pittsburgh,
Pennsylvania.
2. Defendant is Star Net Technologies, whose last known address is 1845 Market
Street, Camp Hill, PA 17011.
3, Defendant is Douglas Morrow, whose last known address is 139 South 15th Street,
Camp Hill, PA 17011.
4. On September 8, 2004, Defendants submitted to Plaintiff an Application for a
Business Line of Credit. A true and correct copy of the Application is attached hereto,
incorporated herein and label Exhibit "A".
5. Pursuant to the terms of the Application, the Defendants agreed that should the
line of credit be granted, they would be bound by the terms and conditions of the Business Une of
Credit Agreement.
6. On or about September 14, 2004, the Plaintiff did notify the Defendants that a
business line of credit in the amount of $20,000.00 would be extended.
7. On or about September 14, 2004, the Plaintiff did provide the Defendants with the
Business Une of Credit Agreement ("Agreement") containing the terms and conditions of the line
of credit. A true and correct copy of the document is attached hereto, incorporated herein and
labeled Exhibit "B".
8. The Application and Agreement shall hereinafter be jointly referred to as "Note".
9. There has been no assignment of the Note.
10. Judgment has not been entered on the Note in any jurisdiction against the
Defendants.
11. The judgment by confession sought by PNCB in this Complaint is not being
entered against a natural person in connection with a consumer credit transaction,
12, By Warrant of Attorney contained in the Note, Defendants authorized entry of
judgment by confession.
13, Pursuant to the Warrant of Attorney executed by Defendants, Defendants waived
the benefit of all laws exempting real or personal property from execution.
14. Pursuant to the Warrant of Attorney contained in the Note, judgment may now be
entered against Defendants as payment on the Note was not made when due thereby creating an
event of default under the Note and accelerating all amounts due thereunder.
15. Under the Note, the following amounts are now due by Defendants to PNCB:
- 2 -
.
Principal Debt
$20,200.00
Interest through 8/23/05
$ 689,61
Late charges
$ 26.96
$ 2.088.96
$23,005.53
Attorney's Commission
Total
16. Under the terms of the Note, Defendants are liable to PNCB for attorney's
commission of ten (10%) percent for collection,
WHEREFORE, Plaintiff, PNCB, demands that a judgment be entered against Defendants,
Star Net Technologies and Douglas Morrow, jointly and severally, as authorized in the Warrant of
Attorney contained in the Note, in the sum of $23,005.53 together with interest and costs of suit.
Respectfully submitted,
TUCKER ARENSBERG, P.C.
By:0 ~ v\.rJ'{ ,-0V\..~j'-...
Donna M. Donaher, Esquire
Pa.1.0.#53165
1500 One PPG Place
Pittsburgh, PA 15222
(412) 566-1212
Attorney for PNC Bank, National Association
- 3 -
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
PNC BANK, NATIONAL ASSOCIATION.
Plaintiff,
)
)
)
)
)
)
)
)
)
)
NO.
CIVIL DIVISION
vs.
STAR NET TECHNOLOGIES and
DOUGLAS MORROW,
Defendants.
CERTIFICATE OF RESIDENCE
I hereby certify that the precise address of Plaintiff is:
Fifth Avenue and Wood Street
Pittsburgh, Pennsylvania 15265
and that the last known address of Defendants is:
Star Net Technologies
1845 Market Street
Camp Hill, PA 17011
Douglas Morrow
139 South 15th Street
Camp Hill, PA 17011
By: ~ /V\,1/\C~'- 'C) 0--~
Donna M. Donaher, Esquire
Attorney for PNC Bank, National Association
AFFIDAVIT
The undersigned hereby certifies that the judgment to be entered in this action is not being
entered against a natural person in connection with a consumer credit transaction. To the
contrary, the underlying transaction is a commercial transaction.
"~LV'.~ /'\, \ \)LY"\d-Q..-~
Donna M. Donaher, Esquire
Attorney for PNC Bank. National Association
Sworn to and subscribed
befqrt'l me this .z l. ..." day
of U\..l~W'>-t.. ,2005.
o
~""
-----.....J
ubJig
,Notarial Se4I
-.... hali<av, ~OlarY ruhuc
CIIv of -..,g., Alleg....11lI Coonly
Commlls.lon E i,.. Oct. 31 2005
BANK_FIN:255353-1 012286-006670
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, surely
or guarantor, or who may be a principal of the Borrower. The Applicant agrees to promptly
notify the Bank of 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 Ap plicant 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. [n 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 undenigned Applicant(s), who is/are either a prlncipal(s) of the
Borrower Or a penonal guarantor(s) of its obligations, provides written authorization to
tbe Bank or its designee (and any assignee or potential assignee hereof) to obtain my/our
penonaJ credit profIIe(s) from one or more national credit bureaus. Such authorization
sball 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 pbotocopy or facsimile copy of tbis
authorization shall be valid as tbe originaL By signature below, I/we affirm my/our
identity(ies) as the respective Individualls identified in tbis application.
[f the Applicant does not qualify with you under your standard lending guidelines for the
extension of credit for which the Applicant is applying, the Applicant authorizes the Bank to
consider this application under the terms and conditions of the Bank's optional Expanded Credit
Program, which is 0 ffered through special arrangements with no n-PNC B ank lenders. Each
Applicant authorizes you to forward this application, credit report(s) concerning the Applicant(s),
and a II other r elated do cuments and 0 ther inf ormation in your possession to non-PNC B ank
lenders participating in the Expanded Credit Program. Each Applicant understands that if this
application is approved under the Expanded Credit Program, a non-PNC Bank lender may either
make the loan directly to the Applicant or purchase the loan from the Bank. The Applicant also
understands that the terms and conditions of an Expanded Credit Program loan may differ from
the terms and conditions of the loan for which the Applicant originally applied.
EXHIBIT
i <lA"
----.::i:-- Yes. Vwe wish to be considered for PNC Bank's Expanded Credit Program. By checking
this line, each Applicant is providing written authorization to such non-PNC Bank lender to
obtain personal credit profile(s) concerning the Applicant(s) from one or more national credit
bureaus. Such authorization shall extend to obtaining a credit profile(s) 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.
- No. Vwe do not wish to be considered for PNC Bank's Expanded Credit Program.
2. Information Sharing. Each Applicant understands that in order to offer a full range of
financial services, the Bank may share personal information such as applications, financial
statements and credit reports with any of its affiliates, If any Applicant does not want the Bank
to share such information with the Bank's affiliates, such Applicant may advise the Bank of its
wishes by calling the Bank at 1-877-BUS-BNKG (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 SecuritylEIN number(s).
3. Terms and Conditions. If this application is for: (a) a Choice Credit'. for Business Line;
(b) a Choice Credit"" 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 notity 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.
4. Grant of Security Interest. If the amount of the Credit Facility granted is greater
than $100,000, to secure the Obligations (as defined in the Additional Security Agreement
Tenns attached to the Terms and Conditions), the Borrower hereby grants the Bank a
continuing lien on, and security interest in, aU of Borrower's now existing and hereafter
acquired and arising personal property inClUding, without limItation, aU accounts, chattel
paper, consigned goods, documents, Instruments, Investment property, general intangibles,
goods, Inventory, equipment, fixtures, payment intangibles and tort claims, and all cash
and non-cash proceeds and products (including without limitation Insurance proceeds) of
the foregoing, and all additions and accessions thereto, substitutions therefor and
replacements thereof (the "Collateral"). Additional tenns and conditions related to the
security interest granted in this paragraph are set forth in the Additional Security Agreement
Tenns which are attached to the Tenns and Conditions and incorporated into this instrument by
reference.
5. Ril!ht to Perfect Security Interests. If the amount of the Credit Facility granted is
greater than S100,000, the Borrower irrevocably authorizes the Bank or its designee to, at the
Bank's discretion, take any action and to execute any instrument which the Bank deems
advisable to perfect the security interests created by this instrument including, without limitation,
financing, continuation or amendment statements, assignments or acknowledgments, the
Borrower hereby ratifYing all that the Bank may lawfully do or cause to be done pursuant to this
paragraph. The Borrower authorizes the Bank or its designee to execute and file one or more
financing statements on the Borrower's behalf which statement(s) may be signed by the Bank or
its designee alone. The Borrower agrees that the Bank may exercise this right for the Bank's
benefit and not for the Borrower's benefit.
The remaining paragraphs apply only if the Credit Facility is: (a) a Choice Credit"" for
Business Line; (b) a Choice Credit'" 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.
6. Guaranty. 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 Tenns 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 be 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 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 Tenns 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 detennine 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 pa}1!lent 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.
7. 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
Terms 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, 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
8. Power to Confess Judl!lnent. 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, 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 fwd it necessary
___U+.. .___ . ...__ __.... _,.
.-._--~ -----...---.--...----
and desirable and this instrument shaU 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 MAYBE
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
A WARE OF ITS RIGHTS AFfER 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 LA W 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.
9. AUTHORIZATIONS. The Borrower agrees that all authorizations granted to the Bank
by the Borrower under the terms of this instrument (including, without limitation, the Terms and
Conditions and the Additional Security Agreement Terms attached to the Terms and Conditions)
are irrevocable and that the Bank may ex.ercise such authorizations for the Bank's benefit and not
for the benefit of the Borrower or any Guarantor(s), Each Borrower and Guarantor acknowledge
and agrees that the provisions of Title 20, Pennsylvania Consolidated Statutes, Section 560 I et
seq. (specifically including Act 39 of 1999) shall not be applicable to any such authorization.
10. 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 I S KNOWING AN D VOLUNTARY AN D I SAM A TERlAL
INDUCEMENT FOR THE PARTIES ENTERING INTO THIS TRANSACTION.
Borrower\ s)
Borrower(s):
S.L, r--Jc+ ~c.l.,,,.lo':l'''-s.
(Name ofCorponllian. Pa.rtnmIUp or Other Entity. ifapplicablc)
NO I(Borrower is a corpormion. the Offieer(l) namc:d in the at1acned resolution must sign.
wer is a partnership. all gcnaal partners must sign.
;gnature
ate
Guarantor(s): (All owners and principals of the Borrower(s) must sign as guarantors)
1'1 Orro ~
ignature
ate
Corporate Resolution (for Corporate Borrowers)
RESOLVED, That and I or
binding loan agreements on behalf of this Corporation; and
are authorized to apply for credit and enter into
FURTHER RESOLVED That each of the above-named officers is authorized to sign and deliver any loan agreemen~ notes,
security agreements and renewal, modification, extension and other agreements on behalf of this Corporation (any of which may
contain a warrant of attorney authorizing the Bank to confess judgment against the Corporation for all sums due or to become due
by the Corporation to the Bank).
CERTIFICATION. I certify that: I am Secretary or Assistant Secretary of the Borrower; the foregoing resolutions were adopted
by the Barr ~s Board of Directors; are in full force and effect and have not been modified or revoked; and the signatures and
titles set rth bove a e lures and titles of the persons indicated.
9 - p. -0 V
Date I
f'CBBCU22M ^ppliClrion-""~.09-o1
~ PNCBAN<
BUSINESS BANKING LINE OF CREDIT AGREEMENT
Borrower: STAR NET TECHNOLOGIES INC
1845 MARKET ST
CAMP HlLL,PA 17011
Bank: PNC Bank, National Association
4242 Carlisle Pike
Camp Hill, PA ]7001
Maximum Credit: $20.000.00
Annual Fee: $175.00
Initial Index: 4.50%
Margin: 1,00%
Initial Rate: 5.50%
Date of Loan September 14.2004
Borrower's form of organization:
o Sole Proprietorship
o Corporation
o Limited Liability Company
o General Partnership
. Subchapter S Corporation
o Limited Partnership
o Non-Profit Corp,
State of Organization:
PENNSYLVANIA
Borrower's Trodenames or Tradestyles:
Other Locations of Borrower's Business:
EXHIBIT
I "ei'
BUSINESS BANKING LINE OF CREDIT AGREEMENT
TERMS AND CONDmONS
We are pleased to have you as a customer and to provide you with a copy ofthcse terms and conditions (the "Tams and Conditions") governing
the: line of c~it (nUne") provided to you by us. These Terms and Conditions arc an important 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 shonly. Please read these Terms and Conditions
carefully. Your use or acceptance of any Line proceeds will be deemed evidence of your agreement to these Tenns and Conditions.
1. DEFINmONS. In this Agreement, the following definitions apply:
"Agreement" means this Business Banking Line of Credit Agreement and any amendmc:nl. or addendum to this Agreemenl
"We," "us," "our" or "Bank" means the Bank identified on the first page aflhis Agreement or any person or entity 10 whom [he rights
of the Bank have been assigned.
"VOU," "your," "yours" or "Borrower" means the individual(s) or cmity(ies) identified on the [im page of this Agreement who have
applied to the Bank fur the Line, for whom an accounl has been approved and who a~ listed aboYe as a Borrower.
"Billing Cycle" means the inlc:rval between the dates on which mon!.hly statements are pn;wcd,
"Ex.pinltion Datc" shall be thc datc which is one year from !.he Datc of Loan shown on the first page of this Agreement, or such laler
date as may be designated by written notice from us to you.
"Maximum Credit Untit" or "Maximum Cn::dit" means the total dollar amount of credit available to you from time to time, the initial
amount of which is identified on me first page of this Agreement.
"Payment Due Date" means the date which will appear each month as the "Payment Due Datc" on the billing statement The Payment
Due Date win be determined by the Bank: at the Bank's diSCrelion.
"Termination" means that you win no longer be able to obtain loans or any extension of credit on this account Termination affects
the account pcnnancntly.
2. GENERAL DESCRIPTION OF me ACCOUNT. This account is a Il:volving line accoWll, sometimcs called a line of credit. It is
intended to be used 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 dC$Cnbcd in the "Account Privileges" section of this Agreement up to the Maximum Credit limit
untillhis account is tenn.i.nated. Interest will be charged on the OUtstanding principal balance at a tate that may change from time to time. Each
new mle will apply to the outstanding balance on your account and all new borrowings until the rale chances again.
3. AUTHORlZED SIGNERS. In the Agreement, you arc to dcsignalC the person(s) who are authorized to write checlcs or obtain funds
from this accOl.lnt by any other means as we may, from time 10 time, pcnnit without the signature or endorsement of any other Borrower. Any
one of the authorized signers ,may act alone. If more than onc name is identified as Borrower, each individual Borrower named ha..s authority to
writc checks or obtain fundi from this account by any other means as we may, from time to time, pennil without tne signature or cndorsement 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
authorizext signer's personal account We have no duty to investigate or question the application ofUne funds. We may refuse to honor dmfts or
requcsts for funds if we arc uncertain as to anyone's continuing authority to act as an authorized signer, 01 if the signature on a draft does nol
appear to be that of an authorized signer.
4. HOW YOU AGREE TO THE TERMS OF THIS ACCOUNT. Applying for the Une, using your account or pennitting someone else
lO use your aCCOUnt constitutes your agreement with us to be bound by this Agreement.
s. ACCOUNT PRrvILEGES. We havc established this account for you with a Maximum Credit Untit in the amount set fonh on the
first page of this Agreement which may change from time to time and which will appear on your monthly billing statement You may use this
credit to obtain loans from time to time WItil the Expimion Date by writing checks given by us to you for that special purpose in amounts of npt
less than $1,000.00 or by using other methods which we may permit. You may 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 Icnninatext or the Expir.ation Dale, whichever is eartier, You authorize us to
charge this account for all cbeclc.s you write on this acc.ount, for loans you make aDd for interest and any other amounts which you agroe in this
Agreement 10 pay. Jfyou lose the checks wh.ich. were givc:rt to you to obtain loans from this accounl, or someone has obtained lhem w;thout your
permission. you must teJlus 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.
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We agree to pay checks which an: dated, drawn and issued on lhis account by you priDr tD the earlier Df the terminatiDn Df this acCDunt
or the Expiration Dale. We an: not obligated to pay checks thai cause your balance to exceed your Maximum Credit Limit. We arc not obligated
to pay any checks dated, dl'llWll or issued by you or received by us after this account is terminated, if your balance excccd.s your Maximum Credit
Limit. or if your checks have been reported lost or :il.olen. You agree that the only checks that you will write to make loans from the account will
be those issued by us for thai special purpose.
6. OVERDRAFT PROTECTION. If you elcct Overdraft Protection for this account. we will make a deposit to the business checking
accoum with us designated by you whenever a withdro.wal is made from that checking account, either by writing a check from the checking
aCCOUnl or in some other way, in an amount which is more money than the balance in that checking account. The amounl wlUch we will deposit
will be the amounl by which the withdrawal c.xcceds the balance in the checking account, rounded. up to the next whole S 1.00; however. the
amount which we wiU deposit will not be less than S50.00. We will charge the amount of the deposil as .3 loan from this account. We do not
have to make a deposit 10 the checking account if a deposit will cause the balance of this account to exceed the Muimum Credit Limit or would
violate this Agreement. Checlcing account checks which are returned. will be subject 10 our regular ovodruft charges.
7, YOU AGREEo
a) not to write checks for less than 51,000.00;
b) 10 repay all amounts advanced. hereunder together with interest as provided in this Aif'etment;
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 Umit which we have now approved or may approve at any time in the future;
d) to irnrm:diately pay the amount of any 10lUlS in eJf.CC$5 of the Maximum Credit Limit;
e) to give us such financial statements as we may request from timc to time;
f) to pay w costs of collection. including court costs and reasonable legal fees and expenses allowed by law. if we refcr your
account to an attorney for collection;
g) oo( Ie give us false infonnation or signatures at any time or let. anyone who is not a Borrower use lhis account;
h) to pay a Late Charge, as provided in this Agreement, for each month any payment is not mllde within fifteen (15) days of
its Payment Due Date; and
i) to honor any and aU other 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 10 us may also secure loans under this Agreement.
9. INTEREST. The interest rale on the line is subject to change from time to time based on changes in an independent index. which will
be the highcst 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 "lndc:<."). The Index is not necessarily the lowest nile 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 Indl:Jl rate upon your request. You
understand that we may provide lines of credit and loans based on other rates as well. lbe interest rate change will not occur morc often than
each month. The Indo; for a Billing Cycle is detennined on the first day of thai cycle based on the Index. for the last day of the preceding
calendar month which is reported. The currem: Index is set forth on the first page of this Agreement. The intCf'CSt rate to be applied to Ihe unpaid
principal balance of this account is determined by adding a number ofperccntage points (the "Margin") 10 the Index. This Margin is set forth Dn
the fin;t page oflhis Agreement, as is the initial interest. nile for the account (the Indo; rate plus the Margin).
Intcrc:rt on the principal balance of loans ou.tstanding on this account is computed on a 365/360 simple intCf'e$1 basis; that is, by
applying the ratio of the aMual imercst rate on the first day of the Billing Cycle over a year of 360 days to obtain a daily periodic rate. mult;piied
by the averagc daily principal ba,lance during the Billing Cycle, multiplied by the actual number of days in the Billing Cycle. Under no
circumstances will the inlen::st rate on this account be ~ than the maximum rate allowed by applicable law.
10. MONTHLY rNTEREST PAYMENTS. You agrceto pay Ihe accrued and: unpaid interest on this account each month on the Payment
Due: Date:. Your payments must bcscnt 10 us at theaddrcss shown above oral such other place as we may designate in wrilin&- Unless otherwise
agreed in writing or required by applicable Law, payments will be applied first to any accrued unpaid int~, then to principal, and any remaining
amount to any unpaid collection costs and any late charges.
II. LATE CHARGES. If you fail to pay us the payment due by the payment due date retlected on your monthly statement. we fI'U1y
charge you a Late Charge ofSIOO or 5% oftbe amount past due, whichever is less.
12. AUTOMATIC PAYMENT; DEPOSITORY; INCREASE OF MARGlN. You agm: to establish and maintain a business cha::king
account with us during the tenn of this Agreement which shall be your primary depository account.. You authorize: US to deduct your monthly
paymenlS on the accounl from the checking account autornaltc:ally. If there are insufficient collected and available funds in the checking accou.nt,
we will not be required to advance funds to cover the payment. We reserve the right to terminate the: automatic payment service at any time, with
or wilhout cause. If you revoke your authorization for US to automatically deduct your monthly payments on the aCCount from the checking
account any reason wbatsoever or fail to maintain a chccJcing account with us which may be charged, we may. at our option. upon thirty (30) days
notice to you, increase the interest Talc Margin set fonh on the first page of this Agreemenl by 0.25 pcrcent4tge points (0.25%).
If you fan to establish and maintain your primary depository account with us, we may, at our option, upon thirty (30) days notice to
you., incmue thc interest rate Margin set roM on the fin;! page of this Agreement by up 101.00 percentage points (1.00%).
Our right to incn::asc 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 ex.c:n:ise of any such rights or remedie!i.
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13. PREPAYMENT. You may pay without penalty all or any portion of the amount owed earlierlhan 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.
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 there is a debit or credit balance of more than S 1.00 or for any billing cycle in which we: impose interesl 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. dolLa~ at the rcmillance address disclosed on your monthly billing statement. Any subsidiary or affiliate of ours may act
as your agent in receiving payments on lrus aCCOWll Unless you notify of us in writing of errors in the statement within sixty (60) days from the
dale it ;s mailed. lhe sta.lement shall be considcrtd correct and accepted by you. We noed nol mail you a statement if we deem this account
uncollc:table or if delinquency collection proceedings have been started by us. If there is mon: than one Borrower, each agrees that if the
statement is sent to and accepted by any of you, it shall be consKtered correct as to and accepted by all of you. We shall retain all chocks drawn
on this account.
15. CREDIT REVIEW. By accepting this account. you authorize us to check your credit and employment history and to answer any
questions about our eltper1eoce with you. You also auLhorizc us to obtain from and achange infonnation with our affiliates and correspondents.
Infonnatioil from c~it bureaus was obtained with rc:spect to this account. If you ask, we will tell you whdher or nO( a consumer credit report
was requested from a credit bureau and the name and address of the credit bUmlu(s) lhat provided the consumer credir report. At our option, we
may obtain updated credit bureau reports and income verifications on you u is reasonably necessary to protect Our interestS.
16. CUSTOMER INFORMATION. You undanand that we share transaction information with PNC Bank affiliatcs and with any third
party that perfonns services for us in connection willi Ihis account or to whom this account may be Imnsfem:d. We may also share other
infoRnation you or a third party may provide. If you do not want us to share personal, nontmnsaction infonnation with PNC Bank affiliates,
please write us at PNC Bank, P. O. Box 96066. Pittsburgh. Pennsylvania 15226. Be sure to include your name. address. account numbef1:.s) or
Social Securily/EIN number (s).
17. DEFAULT. You will be in default if any ofthe following happens;
a) If you fail to pay any payment when it is due;
b) If you fail to pay US the amount of any advances in excess of tbe Maximum Credit Limit within ten (10) days aller we mail
a notice to you demanding the money.
c) If you use the proceeds oflosns from thjs account for a purpose not penniaed under this Agreement:
d) If you or any guanmtor fail to provide us with an updated fInancial slaIcment upon OUf request;
e) If you die. arc puI in jail, or if a court with proper jlD"isdiction to do so finds that you are incapacitated;
t) If you make an assignment for the benefit of creditors, if you arc or become insolverll, if a receiver is appointed for any
part of your property, or ifbanlauptcy orreecivership proceedings are filed by or against you;
g) If anyone files a lawsuit or getS a judgment against you, or attaches or levies on any property of yours;
h) If you do not notify UI within ten days of any change in your address;
i) If you have made any untNe statements or have provided us with false information or signatures at any time;
j) If you fail [0 keep any promise or penonn any duty in thi, Agreement nr any other loan or agreemcn[ wilh us;
k) If you default under any loan. exlension of c~il. security agreement. purchase or sales agreement. or any other agreement,
in favor of any other creditor or person that may materially affcct any of your propCTty or your ability to repay this account
or perl'onn your obligations under this Agreement:
I) If any creditor tries 10 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 with us);
m) If a material advClSe change occurs in your financial condition. or we believe the prospect of payment or performance of
the l5CCOtml is impaired;
n) If you fail to establish and maintain your primary deposit account with us;
0) If any of the events described in this default section ~ with respect [0 any guarantor of this aCCOlUlt;
p) If any guamntor seeks, claims or otherwise attempts to limit, modify. ~ke sucb guarantor's guaronty of Ihis account or
any other loan with us; or
q) If we. in good faith. deem ourselves insecure.
18. OUR RlGHTS UPON DEFAULT. If a default occurs. we will have no further duty to paychecks or make advances from this account
and this acCOUnt will be terminated. This will happen withoUl 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 (0 this account. If any event descnbcd. in Sections 17(1), (g) or
(h) happens, all amounts which you owe US under this Agreement shall be immediately due and payable without prior notice 10 you, or right to
cure. except as required by law. If any other cvent specified in Section 17 occurs. all amounts wbich you owe us under this Agreement shall be
due and payable immediately, at our option, without prior notice to you, or right to cu~ except as required by Law. The other provisions of this
Agreement will continue to apply to this aCCOUDL If we get a judgment after default and/or you are a debtor in an action tiled by or against you
under the Bankruptcy Code, unless prohibited by applicable law lhe rates applicable to this account will continue to apply to the balances on this
acCOUnt. A default uDder this Agreement is a default under every other ool.e,loan agreement or so::urity agreement that you have with us.
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 immc:diatef)'. Upon your default, we may increase the interest Margin up to five percentage points (5%) over the
variable interest rafe on this account, if allowed by law. We may hire or pay someone else to help us collect this account if you fail to pay in
accordance with this Agreement, You agree to pay our collection costs (including. without limiuuion. the cost of in-boU$:e attorneys and stafT),
whether or oot we hire anyone else to help us collect thi, account. This includes, subject to any limits under applicable law, our attorneys' fees
and legal CApenses whether or not there is a lawsuit, inCluding anomcys' foes and legal expenses for bankruptcy proceedings (including efforts 10
modify or vacate any automatic stay or injunction), appeaJ.s and any anticipated post-judgment coJlection services. In addition to all other sums
provided by law. you will also pay any court COSIs ifnot prohibited by applicable law.
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19. FEES. Your account is subject to the Annual Fee described on the: first page of cltis Aereement. The Annual Fee will he charged in
advance on the annivenary date ofyoUT account and is nol rdlmdable.
20. TERMINATION BY YOU. You may terminate this Agreemenl at any time that you ate not in default by: Ol mailing or delivering a
written notice to us that you are tenninating this account; (ii) paying us the ootstanding principal balance: of the account, [he accrued and unpaid
interest on the balance. and all olher amounts due in accordance with the tc:nns Oflms Agreement; and (iii) immediately returning all checks and
other credit access devices, ifapplicable, which are our property and that were provided 10 you to access your account. You will continue: to be
liable for any advances made pursuant to unreturned checks. Any use of checks aller the account is terminated may be considered fraudulent.
21. TERMINATION BY US. Upon sixty (60) days priorwrinen notice to you, we may terminate this account, with or without cause, and
demand full payment of the outstanding principal balance of the account, thc accrued and unpaid interest on the balance, and all other amounts
due in accordance with the: tenm of this Agreement. Unless our notice provides othe:wise, we will have no further obligation to lnake any new
loans to you. Tennination under this pangraph will not affect any checks which comply with this Agreement and which were written and issued
by you before the date on the lermination notice or any other loans made under this Agreement heroer the date on the tamination notice. If we
choose, at our sole option, to pay checks or make advances after we have tennirwed this account, you agree that we may charge: those loans to
this account. After tennination, 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 rclW'ned to us immediately.
22. CONVERSION TO TERM LOAN. We retain the right to conven all or any part of the outstanding indebtedness under this account
into an amortizing term Joan, with or wilhout cause. upon providing si:tty (60) days prior written notice to you (the ''Conversion Noticc"). If we
excreise this right, we will compute: a new monthly payment with respect 10 the part of the accounl so convCl'led (the "Term Loan Ponion"), and
you will be advised of such new monthly paymenl with respect to rhe Term loan Portion in the Conversion Notice. Monthly payments on the:
Term loan Ponion following the Conversion Notice shall be based upon an amortization period specified in the Conversion Notice (the
"Amortization Period"). SubsequenJ. payments on thc Term Loan Portion shall be dctennined monthly and shall be in the amoWlts determined by
w to be necessary to fully amortize the: then outstanding principal balance of the account so converted over the then mnaining Amonization
Period at the etTocrive intenst nuc on the account as of the date the amount of such paymenl is calculated by us. All outstanding principal and
accrued interest will be due on the Jast day of the Amortization Period. Following the Convm;ion Notice, thc Maximum Credit Limit of the
account stull be roduced to thc iNlial amount of the Te:nn Loan Portion. You may nol reborrow repaid amoWlts of the Term Loan Ponion unle;s
otherwise agreed by us. Upon payment in fun of the Term Loan Portion and wilh our consent, the full amount of the aecounl may be reinstated.
All of the provisions of this Agreement shall apply to the Term Loan Ponion except to Ute exlene inconsiscc:nt with this pill1.&raph.
23. OUR LlABlLITY. We hne no rcllponsibility for failure of any machine, merchant or olherpany to honor checks or any other means
which we may pennit from rime to time to be u.sc:d to obtain a loan from this BCCOllnt. Our liability, if any, for wrongful dishooor of a check
written on this account is limited to your actual damages.. Dishonor for any reason as pro'Yidod under the terms of Ihis Agre:crnent is not wrongful
dishonor.
24. POST.DATED, STALE DATED, STOP PAYMENT AND CERTIFICATION OF CHECKS, Proc:cdures and laws applicable '0 post_
dated., stale dated, and stop payment of checks in connection with tJansactions on regular business checking accounts shall apply to checks under
this Agreemenf. You agree not to issue post-datod checks. You may place a stDp payment order on a check by providing us with information on
the date., number, payee, and exact amount (dollars and cents) of the check at any Im.nch ofTtce, or by calling or writing us at the following
address: PNC Bank, Cenualizc>1 Customer Assistance, 2730 Ubeny A Yenue, PittsbuJih, P A J 5222. We will not be liable for paying a check if
your request is incomplete., incorrect in any detail or is not provided to US in a time and manner which affords us a reasonabJe opportunity to act
upon it. We will not "certify" a check on lhis account.
25. AMENDMENT OF AGREEMENT. We may amend this Agreement from time 10 time, in any respect, by giving you written notice
where requiro:l by Jaw. Such amendments will appty to outstanding balances and new loans except as otherwise indicated in the written notice.
If you do not agree 10 be bound by the lenDS of M)' amendment, you must notify us of your election to terminate the account pursuant to Section
20 of these T~ and Conditions within thirty (30) days of the date we sent you our notice of the amendment.
26. YOUR RESPONSrBILITIES TO US. If more than one penon j, 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: C:tlend crtdit 10 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 of your estate and upon your heirs
and pernonal represc:ntativcs.
27. REMEDIES CUMULATIVE. Our mncdies under this Agreement shall be cumulative and not alternative.
28. DELAY IN ENFORCEMENT. We can delay in enforcing any of our rights under chis Agreement without losing them. Any waiver
by us of any provision c.fthis Agreemeot will not be a waiver of the same or any other provision on any other occasion.
29. ASSIGNMENT. You may not assign or othelwise tIlnsfer your rights and privileges under this Agreemenl, or delegate your
obligations 10 repay amounts you owe us. Any attempl by you to assign or delegate will be void and of no dTcct. We may assign any and all of
our rights under this Agreement at any time without your consent A pe11On(s) to whom we assign this Agrec:ment shall be entitled to all of our
rights under Ihis Agreement. None of your rights or obligations shall be effected by such assignment
30. REPLACEMENT OF PRIOR AGREEMEm'S. This Agreement replaces all earlier agreements and governs all balances on this
account., including balances camed over onto this accounl from any prior account,just as if it had been in effect before the first advance from this
account
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) 1. GOVERNING LAW AND CONSTRUcnON; JURISDICTION, This Agreement has been doIi.em! to and ,cc<pIed by us and wiU
be deemed 10 be made in the State where our office indicated on the first page of this Agreement is loealai. Regardless of the State of your
residence, you agree that this Agreement will be interpreted. and the rights and liabilities of the parties determined, in accordance with. the laws
afthe State where our office indicated on 1.he first page aflNs Agreement is locau:d, excluding its conflict of laws rules. You irrevocably consent
to the exclusive jurisdiction of any state or federal coun located for the county or judicial district where our office indicated on the first page of
this Agreement is located. and consent that ail service ofpr0cc:s3 may be sent by nationally recognized overnight courier service dimcted 10 you OIl
your address set forth on the first page of this Agreement and service so made will be deemed [0 be completed on the bwincss day after deposit
with such courier, provided thaI nothing contained in this Agreement will prevent us from bringing any action. enforcing any award or judgmem
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 ....enue provided in this paragraph is the most convenient forum for both you
and us. You waive any objection to venue and any objection based on a more con....enient forum in any action instituted under this Agreement.
32. SEVERABlLITY. If any provision of this Agreement is held to be invalid or unenforceable, such dctennination shall oot affect the
validity or enforceability of the remaining provisions of this Agrcc:menl.
3J. GENERAL PROVISIONS. To the fullest extent allowed by law, you and any other person who guanmtoes or is otherwise liable for
this account wai....e 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 party 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, fail to realize upon or perfect our so::urity interest in any collateral; and take any of her action deemed necessary by us without the consent
of, or nOlice 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 allhe address set Forth on the first page of this
Agreement.
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I. DEFINrTlONS,
BUSINESS BANKING LINE OF CREDIT AGREEMENT
ADDITIONAL SECURITY AGREEMENT TERMS (If Applicable)
(a) "Collalera'" shall include all personal propeny of the: Borrower, including the following, all whether now owned or
hereafter acquired or arising and wherever Iocatcxi: (i) accounts (including health-care-insurance recavablt$ and credit card receivables); (ii)
securities entitlements, securiliQi accounts. conunodity accounts. commodity contracts and investment property; (iii) deposit accounts; (iv)
instruments (including promissory notes); (v) documents (including warehouse ltteipts); (vi) chattel paper (including elo::tronic chane! paper and
tangible chattel paper); (vii) inventory, including raw materials. work in pl"OCeSS, or materials used or consumed in Borrower's business, items
held for sale or lease or furnished or to be furnished under contracts of service, sale or lease, goods that are returned. reclaimed or repossessed;
(viii) goods of every narurc; including stock-in-tnde, goods on consignment. standing timber that is 10 be cut and removed under a conveyance or
COntract for sale, the unborn young of animals, crops grown, growing, or 10 be grown, manufactured homes, computer programs embedded in
such goods and fann products; (ix) equipmcm, including machinery, vehicles and furniture; (x) fixtures; (xi) commercial tort claims, if any,
identified in writing to the B~ (xii) letter of credit rights; (xiii) general imangibles, of every kind and description, including payment
intangibles. softwan:, computer infonnation, SOUft:e codes. object codes, records and data. al! existing and future customer IislS. chases in aClion,
claims (including claims for indemnification or breach of warranty), books, rtCords, patents and patent applications. copyrights. trademarks.
tradcnames. tradestyles. trademark applications, goodwill, bl~rints, dnlwings, designs and plans, trade secrets, CODtJacts, licenses, license
agreements, fonnulae, tax and any, other types of ~funds, returned and unearned insurance premiums. righ[S and claims under insurance policies;
(xiv) all supporting obligations of all of the foregoing property; ,(xv) all property of the Borrower now or hereafter in the Bank's possession or in
transit to or from, or under the custody or control of, the Bank or any affiliale lhcreof; (xvi) all cash and cash cquivalenti thereof; and (xvii) all
cash and non~h proceeds (including insurance proceeds) of all of the fon:going propeny, all products thereof and all additions and accessions
thereto, substitutions therefor and replacements thereof.
(b) "Loan Documents" means this Agreement, any and all notes evidencing the Obligations and all related documents,
instruments and agreements.
(c) "Obligations" shall include all loans, advancC$, debts, liabilities, obligations, COVenants and duties owing from the
BolTOwcr to the Bank or to any other direct or indirect SUbsidiary of The PNC Financial Sc:rvic:c:s Group, lnc., of any kind or nature, present or
future (including any interest accruing thereon after maturity, or after the filing of any petition in bankruptcy, or the: commencement of any
insolvency, rcorganwtion or like procec:ding relating 10 the Bonower, whether or not a claim for post4fi1ing or POst-petition interest is allowed in
such proceeding), whether direct or indirect (including those acquin::d by assignment or participation), absolute or contingent, joint or severol, due
or to becomcduc, now existing or hereafter arising, whether or not (i) evidenced byauy note, guaranty or other instrument, (il) arising under any
agreement, instrwncnl. or document, (iii) for the payment ofmonc:y, (iv) arising by reason of an extension of credit, opening of a Iet:ter of credit,
loan, equipment lease or guarantee, (v) under any interest or currency swap, future, option or other interest mte protection or similar agreement.
(vi) under or by reason of any foreign currency lransaction, forward. option or other similar transaction providing for the purchase of one
currency in exchange for the sale ofanothercwrency, or in any oilier manner. (vii) arisine out of overdrafts on deposit or other accounts or out of
electronic funds transfers (whether by wire transfer or through automated clearing houses or otherwise) or out of the return unpaid of, 01" other
failure of the Bank to receive final payment for, any check. item, instrument, payment order or other dq30Sit or credit to a deposit or other
aCCount. or out of the Bank's non-receipt of or inability to collcct funds or otherwise not being made whole in connection with depository or other
similar arrangements; and any amendmaus, extensions. Ittlcwals and incr=sc:s of or to any of the foregoing, and all costs and expenses of the
Bank incurred in the documenration, ncgotialion. modification, enforcement, colleclion and otherwise in cOIUtoclion with any of the foregOing,
including n::asot1llble auomeys' fees and expenses.
(d) "UCC" means rhe Unifonn Commercial Code. as adopted and enacted and as in effect from time to time in lhe Slate whose
law gOVcrt1S pursuant to the Section of this Agreemenl entitled ''Governing Law and. Jurisdiction," Terms UM:d herein which arc defined in the
UCC and not otherwise: defined herein shall have the respectivc meanings ascribed to such tenns in the uee. To the CXtent the definition of any
category or type: of collalcntl is modified by any amendment, modification or revision to the uec, such modified definition will apply
automatically as of the dalc of such amendment. modification or revision.
2. GRANT OF SECURJTY INTEREST. To secu~ the Obligations, the Borrower, as debtor, hereby assigns and grants to the Bank, as
securo:j party, a continuing lien on and security interest in the Collateral.
3. CHANGE IN NAME OR LOCATIONS, The Borrower hereby agrees that if the location of the Collateral changes from the
location(s) identified on the first page of this Agreement, or if the Borrower changes its name, its type of organization, its state of organization (if
Borrower is a reg.ls[en:d organization), its principal residence (if Borrower is an individual). its chief executive office (if Borrower is a general
partnership or non-registered organization) or establishes a name in which it may do business that is oot identified on the first page of this
Agreement, the Borrower wiIJ immediately notit)' the Bank in writing of the additions or changes.
4, REPRESENTATIONS AND WARRANTIES. The Borrower represents, warrants and COVCQ8nts to the Bank. that: (a) all infonnation.
including its type of olJanization, jurisdiction of organiZlltion, cbief executive office, and (for individuals oo1y) principal residence are as set
forth on the first page of this Agreement and are true and correct on the date hettOf; (b) the: Borrower has good, martcetlble and indefeasible title
to the Colla[eral. has nol1l1ade any prior sale, pledge, encumbr.mce, assignment or other disposition of any of the Collatm.l, and the Collateml is
free from all encumbrances and rights of seloff of llny kind except the lien in favor of the Bank crcued by Ihis Agreement; (c) except as herein
provided. the Borrower will not hereafter without the Bank's prior written consent sell, pledge. encumber, assign or otherwise dispose of any of
the Collalcral or pcnnit any right of setofT,lien or security intc:resl to exist thereon except to the Bank:: (d) the Borrower will defend the Colla[eral
against all claims and demands of all persons al any time claiming the same or any inlen:ou therein; (e) each acCOUnt and general intllngible, if
included in the definition ofColJaleral, is genuine and enforceable in accordance with its lerms and the Borrower will defend the samcagainst all
claims. dcmands, setoffs and counterclaims 8t My time asserted; and (I) at the time any account or gcaeral intangible becomes subject to this
Agreement. such accoum or general intangible will be a good and valid account representing a bona fide sale of goods or services by the
-7 -
Borrower and such goods will have been shippc:J to the respoctive account dcbtol1 or the services will have been performed for the respective
account dc:btors, and no such account or general imangible will be subject to any claim for credit. allowance or adjustment by any account debtor
or any setoff, defense or counterclaim.
5. BORROWER'S COVENANTS. The Bonowcr covenants that i.,hall:
(a) from time to time ROO at all reasonable times allow the Bank, by or through any of its officers, agents, attorneys, or
accountants, 10 examine or inspect the Collateral, notify account debtor.> of the Bank's security intc:m;t in accounts and obtain valuations and
audits of the Collateral, at the Borrower's apertse, wherever located. The BolTOWer shall do, obtain, make, execute and deliver all such
additional and further acts, things, deeds, assurances and instruments as the Bank may require to vest in and assure to the Bank its rights
hereunder and in or to me Coltatenl, and the proceeds thereof, including wai....cn from landlords, warehousemen and mortgagees. The Borrower
agrees that the Bank has the right to nolify (on invoices or otherwise) account debtors and other obligors or payol1 on any Collateral of its
assignment to the Bank, and that all payments thereon should be made directly to the Bank, and that the Bank has full power and authority to
collect, compromise, endorse, sell or otherwise deal with the Collateral in its own name or that of the BOITOwer at any time upon an Event of
Default.
(b) keep the Collataal in good order and repair at alltima and immediately notifY me Bank. of any event causing a material
Joss or decline in value of the Collateral, whether or 00( covemj by insurance. and the amount of such loss or depro::iation;
(c)
regulations; and
only use or permit the Collareml to be used in accordance with all applicable federal, state. county and municipal laws and
(d) have and maintain insurance at all times with respect (0 all Collateral against risks of fire (including so-called extended
coverage), theft, sprinkler leakage, and other risks (including risk: of flood iran)' Collateral is maintained at a location in a flood hazard zone) us
the Bank may require., in such form, in such amount, for such period and written by such companies as may be: salisfuctory to the Bank in its sole
discrt.1lon. Each such casualty insurance policy shall contain a standard Lender's Loss Payable Clause issued in favor of the Bank under which all
losses thereunder shall be paid to the Bank as the Bank's interest may appear. Such policics shall expressly provide that the requisite insurance
cannal be altered or canceled without at least dtirty (30) days priorwrinen notice to the Bank and shall insu~ the Bank notwithstanding the act or
neglect of the BorrowO'. Upon the Bank'S' demand. the Borrower shall furnish the Bank wim duplicate original policies of inNl1lJ1ce or such
other evidence of insurance as the Bank may require. In the event of failure to provide insurance as herein provided, the Bank may, at its option.
obtain such insurance and the Borrower shall pay 10 the Bank, on demand, the cost thereof. Proceeds of insurance may be applied by the Bank to
reduce the Obligations or to l'q)air or replace Collateral, all in the Bank'$ sole discretion.
6. NEGATIVE PLEDGE; NO TRANSFER. The Borrower will not 5eH or offer to sell or otherwise transfer or grant or allow the
imposition of a lien or security interest upon the Collateral (except for sales of inventory and collections of accounts in the Borrower's ordinal)'
course of business) or use any portion thc:n:of in any manner inconsistent wilh this Agreement or with the tcons and condilions of any policy of
insurance thereon.
7. COVENANTS FOR ACCOUNTS, lfaccounts are included in the definition ofCollateraJ:
(a) The BorrowCT will. on the Bank'S' demand, make notations on its books and records showing the Bank's security interest
and make available to the Bank shipping and delivery receiptS evidencing the shipment of the goods that gave rise to an account, completion
cenificatc:s or other proof of the satisfactory perfonnance of services that gave rise to an account. a copy of the invoice for each account and
copies of any written contract or order from which an account arose. The Borrower shall prompdy notifY the Bank if an acCOunl: becomes
evidenced or sa:urcd by an insnument or chattel paper and upon the Bank's requesl, will promptly de!iver any such instrument or chanel paper to
the Bank, including any letter of credit delivered to the Borrower to iUppOn a shipment of inventory by the Borrower.
(b) The Borrower will promptly advise the Bank whenever an account debtor refuses 10 retain or returns any goods from the
sale of which an account lU'tlSC and will comply with an)' instructions that the Bank: may give regarding the sale or other disposition of such
ret'um.... From time to time with such frequency as the Bank may request, me Borrower will repo" to the Bank all credits given to account debtors
on all accounts,
ec) The Borrower will immediately notify the Bank if any account arises out of conlntcls with the United States or any
department, agency or instrumentality thereof, and will execute any instruments and take any Sleps n:quired by the Bank so thai all monies due
and to become due under such contract shall be assigned to the Bank and notice of the assignment given to and acknowledged by the appropriate
government agency or authority under the Federill Assignment of Claims Act.
(d) AI any lime alter the OCCum:nce of an Event of Default, and without notice to the Borrower, the Bank may direct any
persons who are indebted to the Borrower on any Collatenl consisting of account.! or gcncnl intangibles 10 make payment directly to tbe Bank of
the amounts due. The Bank is authorized to give rcc:eipts to S'uch account debrors for any such payments and the account debtors will be
protected in making such payments to the Bank, Upon the Bank's written request, the Borrower will establish with the Bank: and maicuain a
lockbox account ("Lx:kbOlt") with the Bank and a depositoI}' account(s) ("Cash Collateral Account") with the Bank subject to the provisions of
this SUbparagraph and sueh other related agreements as the Bank may require, and the Borrower shall nolifY its account debtors to remit payments
directly to the Lockbolt. Thereafter, funds collectod in the lockbox shall be transferred to the Cash Collateral Account, and funds in the Cash
Collaleral Account shall be applied by the Bank, daily, to reduce the outstanding Obligations.
8. FURTHER ASSURANCES. The Borrower hereby inevocably authorizc:s the Bank to execute (on behalf of the Borrower) and file
against the Borrower one or more financing, continuation or amendment statements pursuant to the UCC in form satistBctory to the Bank, and the
Borrower will pay the COSt of preparing and filing the same in all jurisdictions in which S"UCh filing is deemed by the Bank to be necessary or
desirable in order to perfect, preserve and protect iu security lntercrts. If required by the Bank, the Borrower will c:x;ccutc: all documentation
mcessary for (he Bank to obtain and maintain perfection of its security intCft:Sts in the Collateral. If any Collateral consists of letter of credit
- 8-
rights, electronic chattel paper, deposit accounts or supporting obligations not maintained with the Bank or one of its affiliates, or any securities
entitlement, securities account, commodities account. commodities contract or other investment property I then at the Bank's request the Borrower
will execute. and will cause the depository institution or securities intermediary upon whose books and records the ownership interest of the
BorTQwer in such Collateral appears, to execute such Pledge Agreements, Notification and Control Ag:roemc:nts or other agreements as the Bank
deems necessary in order to perfect, prioritize and proto:t its security interest in such Collateral, in each case in a form satisfactory to the Bank.
9. EVENTS OF DEFAULT. The Borrower shall, at the Bank's option, be in default under-this Agreement upon the happening of any of
the following events or conditions (each, an '<Event of Default"): (a) any Event of Default (as defined in any of the Obligations); (b) any default
under any of the Obligations that does nO{ have a defined set of "Evenls of Default" and lhe lapse of any notfcC or cure period provided in such
Oblig.lltions with respect to such default; (c) demand by the Bank under any of the Obligations that have a demand feature; (d) the Failure by the
BolTOwer to perform any of its obligations under this Agreement; (e) falsiry, inaccuracy or material breach by the Borrower of any written
W3mnty, represent.ation or statement made or furnished 10 the Bank by or on behalf of the Borrower, (f) an uninsured matcrial loss, theft,
damage, or destruction to any of the Collateral, or the entry of any judgment against the Borrower or any lien against or the making of any levy,
seizure or attachment of or on the Collateral; (g) the failure of the Bank to have a perfected first priority security intc:rest in the Collateral; (h) any
indication or evidence received by the Bank that I.hc Borrower may have dira:tly or indirectly been engaged in any type of activity which, in the
Bank's discretion, might resull in the forfeiture of any property of the Borrower to any govenunental entity, federal, state or local; or (i) if the
Bank otherwise deems itself insecure.
10. REMEDIES. Upon the occurrence of any such Event of Default and at any time thereafter, the Bank may declare all Obligations
secured nem,y immediately duc and payable and shall have, in addition to any remedies provided nerein or by any applicable law or in equity, all
the remedies of a secured pany under the UCC. The Bank's remo:1ies include, but are not limited to, the right to (a) pc1ceably by its own means
or with judicial assistance enter the Borrower's premises and take possession of the Collateral without prior notice to the Bonower or the
opportunity for a hearing, (b) render the eoUatetal unusable, (c) dispose of the Collateral on the Borrower's premises, (d) require the Borrower to
assemble the CoUateral and make it available to the Bank: at a place designated by the Bank, and (e) notifY the United States PO!rulI Service to
send the Boll'Ower's mail to the Bank. Unless the Collateral is perishable or threatens to decline speedily in value or is of a type customarily sold
on a recognized market, the: Bank will give the Borrower reasonable nGtice of the time and place of any public sale thereof or of the time after
which any private sale or any other intendo:1 disposition thereof is to be made. The rcqWl'C01alts of commCTtially reasonable notice shall be met
if such notice is sent to the Borrower at least t.tn (10) days before the time of the intended sale or disposition. Ex~ of retaking, holding,
preparing for sale, selling or the like shall include the Bank's reasonable aaorncy's fcc:s and legal e:tpenscs, incum::d or expended by the Bank to
enforce any payment due it under Ibis Agreement either as against the BolTOWer, or in the prosoc:ution or defense of any action. or concerning any
matter growing out of or connection with the subject matter of lhis Agreement and the Collateral pledged hereunder. 1be Borrower waives all
relief from all appraisement or exemption law; DOW in foIte or hereafter enacted.
II. AUTHORlZA nONS. In oddition to any authorizations contained elsewhere io this Agreement. the BGI10Wer docs hereby irrevocably
authorize any officer or agent of the Bank to: (a) endorse the name of the Borrower or any of the Borrower's officm or agents upon any notes,
checks, drafts, money orden, or other in5tnimertts of payme:nt or Collaternl that may come into the Bank's possession in full or pan payment of
any Obligations; (b) sue for, compromise, settle and release all claims and disputes with respo:t to, the Collateral; and (c) sign, for the Borrower,
financing. continuation or amendment statements pursuant to the UCC, or supplemental intellc:ctual property security agreements; authorizing the
&Ilk and ils officers and agents to do any aDd all things necessary to be done in and about the premises as fully and effectually as the Borrower
might or could do. The Borrower hen::by ratifies all that the Bank, its officers and agents shall lawfully do or cause to be done by virtue hermf.
12. PAYMENT OF EXPENSES. At its option, the Bank may discharge taxa;:, liens, security interests or such other encumbrances as may
attach to the COllateml, may pay for required insurance on the Collateral and may pay for Ole maintenance, appraisal or reappraisal, aDd
preservation of thc Collateral, as determined by the Bank to be necessary. The Borrower will reimburse the Bank on demand for any payment so
made or any expense incurred by the Bank pursuant to the foregoing authorization, and the Collatctill also wtll secure any advances or payments
so made or ~penses so incurred by the Bank.
D. NOTfCES. All notices, demands, requests, consents, approvals and other comnumications roquiro:1 or penninod hereunder
("Notices") must be in writing and will be eff'o:tive upon receipt Notices may be given in any manner to which the parties may separately
agree, including electronic mo.il. Without limiting the foregoing, first-class mail, facsimile ltansmission and commercial courier service are
hereby ngrccd to as acceptable methods for giving Notices. Regardless of the manner in which provided. Notices may be sent to a party's address
as set forth on tIle first page of this Agreement or to such other address as any patty may give to the other for such purpose in accordance with
this section.
M:\Jept\SDC\BUS8ANK\CHO[CE'~by 2004\Linc O(Credil Arrecmenl-PA-OS_11.04.doc
- 9-
BUSINESS BANKING LINE OF CREDIT AGREEMENT
ADDITIONAL TERMS
(2.99% Introductory Rate Promotion)
~ PNCBAN<
Borrower:
STAR NET TECHNOLOGIES INC
1845 MARKET ST
CAMP HILL, PA 17011
Bank:
PNC Bank, National Association
4242 Carlisle Pike
Camp Hill, P A 1700 I
Introductory Rate:
2.99%
Dear Mr, Morrow:
Cnngratulations! We are delighted that you have chnsen 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 Tenus 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.
E. Hoover
1, DEF1NITIONS AND TERMS USED. Unless otherwise specified, any initially capitalized terms
used herein without definition shall have the meanings assigned to thnse terms in the Agreement.
2. INTRODUCTORY INTEREST RATE, Interest on the balance nf the Amount Financed
outstanding from time to time shall be computed on a 365/360 basis at the Introductory Rate iodicated
above until the fl11lt complete Billing Cycle in 2005.
3. TERMINATION OF INTRODUCTORY INTEREST RATE. Commencing with the fl11lt
complete Billing Cycle in 2005, interest on the balance of the Amount Financed outstanding from time to
time shall be computed in accordance with Section 9 of the Agreement.
M:\lepJISOOBUSBANK\CHOICE\Line of Credit ....ddendum _ 2.99% Race. 10-03.doc
. .
ACT 105 OF 2000 NOTICE
A JUDGMENT HAS BEEN ENTERED AGAINST YOU BY CONFESSION OF JUDGMENT.
PURSUANT TO 42 PA. C.SA g2737.1, IF YOU WERE INCORRECTLY IDENTIFIED AS A
DEFENDANT IN THE COMPLAINT IN CONFESSION OF JUDGMENT, YOU MAY BE
ENTITLED TO COSTS AND REASONABLE ATTORNEY FEES AS DETERMINED BY THE
COURT.
YOU MAY TAKE ACTION TO STRIKE THE JUDGMENT BY FOLLOWING THE PROCEDURE
IN RULE 2959 WHICH IS AS FOLLOWS:
PENNSYLVANIA RULE OF CIVIL PROCEDURE 2959 - STRIKING OFF JUDGMENT.
(a) (1) Relief From a judgment by confession shall be sought by petition. Except as provided
in subparagraph (2), all grounds for relief whether to strike off the judgment or to open it must be
asserted in a single petition. The petition may be filed in the county in which the judgment was
originally entered, in any county to which the judgment has been transferred or in any other
county in which the sheriff has received a writ of execution directed to the sheriff to enforce the
judgment.
(2) The ground that the waiver of the due process rights of notice and hearing was not
voluntary, intelligent and knowing shall be raised only
(I) in support of a further request for a stay of execution where the court has
stayed execution despite the timely filing of a petition for relief from the judgment and the
presentation of prima facie evidence of a defense; and
(ii) as provided by Pennsylvania Rule of Civil Procedure 2958.3 or Rule 2973.3,
(3) If written notice is served upon the petitioner pursuant to Rule 2956.1(c)(2) or Rule
2973.1(c), the petition shall be filed within thirty days after such service. Unless the defendant
can demonstrate that there were compelling reasons for the delay, a petition not timely fiied
shall be denied.
(b) If the petition states prima facie grounds for relief the court shall issue a rule to show cause
and may grant a stay of proceedings. After being served with a copy of the petition the plaintiff
shall file an answer on or before the return day of the rule. The return day of the rule shall be
fixed by the court by local rule or special order,
(c) A party waives all defenses and objections which are not included in the petition or answer.
(d) The petition and the rule to show cause and the answer shall be served as provided in Rule
440 (see text of Rule 440 reprinted below).
(e) The court shall dispose of the rule on petition and answer, and on any testimony,
depositions, admissions and other evidence. The court for cause shown may stay proceedings
on the petition insofar as it seeks to open the judgment pending disposition of the application to
strike off the judgment. If evidence is produced which a jury trial would require the issues to be
submitted to the jury the court shall open the jUdgment.
(f) The lien of the judgment or of any levy or attachment shall be preserved while the
proceedings to strike off or open the judgment is pending.
Rule 440. Service of Legal Papers other than Original Process
(a) (1) Copies of all legal papers otherthan original process filed in an action or served
upon any party to an action shall be served upon every other party to the action. Service shall
be made
(i) by handing or mailing a copy to or leaving a copy for each party at the
address of the party's attorney of record endorsed on an appearance or prior pleading of the
party, or at such other address as a party may agree, or
Note: Such other address as a party may agree might include a mailbox in the
Prothonotary's office or an e-mail address, For electronic service by means other than
facsimile transmission, see Rule 205.4(g).
(ii) by transmitting a copy by facsimile to the party's attorney of record as
provided by subdivision (d),
(2) (i) If there is no attorney of record, service shall be made by handing a copy to
the party or by mailing a copy to or leaving a copy for the party at the address endorsed on an
appearance or prior pleading or the residence or place of business of the party, or by
transmitting a copy by facsimile as provided by subdivision (d).
(Ii) If such service cannot be made, service shall be made by leaving a copy at or
mailing a copy to the last known address of the party to be served.
Note: This rule applies to the service upon a party of all legal papers other than original
process and includes, but is not limited to, all other pleadings as well as motions,
petitions, answers thereto, rules, notices, interrogatories and answers thereto. Original
process is served under Rule 400 et seq.
(b) Service by mail of legal papers other than original process is complete upon mailing.
(c) If service of legal papers other than original process is to be made by the sheriff. he shall
notify by ordinary mail the party requesting service to be made that service has or has not been
made upon a named party or person.
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
PNC BANK, NATIONAL ASSOCIATION,
Plaintiff,
)
)
)
)
)
)
)
)
)
)
NO, 0 S" -/..f ~CG
C~:..,L y~
CIVIL DIVISION
vs.
STAR NET TECHNOLOGIES and
DOUGLAS MORROW,
Defendants.
TO: Star Net Technologies
1845 Market Street
Camp Hill, PA 17011
NOTICE OF ENTRY OF JUDGMENT
Please take notice that on ~~, 2005, a Judgment by Confession of
Judgment, was entered against you in the court and at docket term and number set forth above.
The amount of the Judgment is $23,005.53, plus costs,
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
PNC BANK, NATIONAL ASSOCIATION, )
)
Plaintiff, )
)
vs. )
)
STAR NET TECHNOLOGIES and )
DOUGLAS MORROW, )
)
Defendants. )
CIVIL DIVISION
NO. DS - 4S;o:)
(If-~tL y~
TO: Douglas Morrow
139 South 15'h Street
Camp Hill, PA 17011
NOTICE OF ENTRY OF JUDGMENT
Please take notice that on {:;, < 7 ..3 I , 2005, a Judgment by Confession of
Judgment, was entered against you in the court and at docket term and number set forth above.
The amount of the Judgment is $23,005,53, plus costs.
VERIFICATION
The undersigned, Darnella Ganaway, hereby verifies the statements of fact contained in
the attached Complaint in Confession of Judgment to be true and correct according to her
personal knowledge, information and belief, and further pledges that this verification is made
subject to the penalties of 18 Pa. C.S.A. 94904 relating to unsworn falsification to authorities.
Date:
{3 IJ~165
Darnella Ganaway
Attorney Relations Manager
. .
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
PNC BANK, NATIONAL ASSOCIATION,
CIVIL DIVISION
Plaintiff,
NO.
vs.
STAR NET TECHNOLOGIES and
DOUGLAS MORROW,
Defendants.
AFFIDAVIT OF NON-MILITARY SERVICE
Filed on behalf of Plaintiff,
PNC Bank, National Association
Counsel of Record for This
Party:
Donna M. Donaher, Esquire
Pa.I.D.#53165
TUCKER ARENSBERG, P.C.
Firm #287
1500 One PPG Place
Pittsburgh, PA 15222
(412) 566-1212
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
PNC BANK, NATIONAL ASSOCIATION,
Plaintiff,
vs.
STAR NET TECHNOLOGIES and
DOUGLAS MORROW,
Defendants.
)
)
)
)
)
)
)
)
)
)
CIVIL DIVISION
NO.
AFFIDAVIT OF NON-MILITARY SERVICE
COMMONWEALTH OF PENNSYLVANIA )
) SS.
COUNTY OF ALLEGHENY )
Personally appeared before me, the undersigned authority, Darnella Ganaway, who, being
duly sworn according to law deposes and says that upon inquiry, and from her own personal
knowledge, she knows and avers that the Defendant, Douglas Morrow, in the above action is not
in any branch of the military service of the United tates,
Notary Public
. "';vi\iWEALTH 0;: ;':"::'>JNSYL\.ii<I.,
Nolanal Seal --'.',
Constance R. Bruener, Notary Public
My commission expi es~ilyOfPiUsburg~,A1leghenYCounly
y commissIOn ExpIres Feb. 4, 2008
Member, Pefl;)SYIV;]l'Ij:;-:::;~;:~~~,J
BANKJIN:255564-1000011_124521
Da IIa alJaway
Attorney Relations Manager
.'.'
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
PNC BANK, NATIONAL ASSOCIATION,
CIVIL DIVISION
Plaintiff,
NO.
vs.
STAR NET TECHNOLOGIES and
DOUGLAS MORROW,
AFFIDAVIT OF CONJUGAL INCOME
Defendants.
Filed on behalf of Plaintiff,
PNC Bank, National Association
Counsel of Record for This
Party:
Donna M, Donaher, Esquire
Pa. 1.0. #53165
TUCKER ARENSBERG, P.C.
Firm #287
1500 One PPG Place
Pittsburgh, PA 15222
(412) 566-1212
~ .. ,.
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
PNC BANK, NATIONAL ASSOCIATION.
Plaintiff,
vs.
STAR NET TECHNOLOGIES and
DOUGLAS MORROW,
Defendants.
)
)
)
)
)
)
)
)
)
)
CIVIL DIVISION
NO.
AFFIDAVIT OF CONJUGAL INCOME
COMMONWEAL TH OF PENNSYLVANIA )
) SS,
COUNTY OF ALLEGHENY )
I, Darnella Ganaway, being duly sworn according to law, hereby depose and say that
the Defendant, Douglas Morrow, has a conjugal income over $10,000,00 per year to the best of
my knowledge. information and belief.
Sworn to and subscribed
bef~ me this -{::>r.:.t day
of ~' ,2005.
{J~ tfdu~
N~~~~\o'fc'iP~~ oti':2:!NSYLVA,';".
, Notarial Seal 1
r Constance R. Brumer, Notary Public I
1 City Of Pillsburgh, Allegheny County
BANK _IN:~~Ml'.lIlf~:/'Ilb. 4, 2008
Membl!!lf, PMnsvJ",ania Association Of Nota,"
Darnella Gana
Attorney Relations Manager
..............,.
c /t)
CJ. 1:1:.
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-=< U'I
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
PNC BANK, NATIONAL ASSOCIATION,
CIVIL DIVISION
Plaintiff,
NO. 05-4503 Civil Term
vs.
STAR NET TECHNOLOGIES and
DOUGLAS MORROW,
Defendants.
CERTIFICATE OF SERVICE
UNDER RULE 2958.1 AS TO
. DOUGLAS MORROW
FILED ON BEHALF OF:
Plaintiff, PNC Bank, National Association
Counsel of Record for this Party:
Donna M. Donaher, Esquire
Pa,I.D.#53165
TUCKER ARENSBERG, P.C.
Firm #287
1500 One PPG Place
Pittsburgh, PA 15222
(412) 566-1212
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
PNC BANK, NATIONAL ASSOCIATION, )
)
Plaintiff, )
)
vs. )
)
STAR NET TECHNOLOGIES and )
DOUGLAS MORROW, )
)
Defendants. )
CIVIL DIVISION
NO. 05-4503 Civil Term
CERTIFICATE OF SERVICE UNDER RULE 2958.1
AS TO DOUGLAS MORROW
The undersigned hereby certifies that she did serve a Notice Under Rule 2958.1
of Judgment and Execution thereon, upon the Defendant, Douglas Morrow, on October 7,
2005, by certified mail, at the following address::
2717 Dickinson Avenue
Camp Hill, PA 17011
A true and correct copy of the Notice Under 2958,1 and the return receipt is attached
hereto.
TUCKER ARENSBERG, P,C.
By
Donna M. Donaher, Esquire
Pa,1.0.#53165
1500 One PPG Place
Pittsburgh, PA 15222
(412) 566-1212
BANKJIN:258776-1000011-124521
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
PNC BANK, NATIONAL ASSOCIATION,
CIVIL DIVISION
Plaintiff,
NO, 05-4503 Civil Term
vs.
STAR NET TECHNOLOGIES and
DOUGLAS MORROW,
Defendants.
Notice Under Rule 2958.1
of Judgment and Execution Thereon
Notice of Defendant's Rights
To: Douglas Morrow
2717 Dickinson Avenue
Camp Hill, PA 17011
A judgment in the amount of $23,005.53 has been entered against you and in favor of
the plaintiff without any prior notice or hearing based on a confession of judgment contained in
a written agreement or other paper allegedly signed by you, The sheriff may take your money
or other property to pay the judgment at any time after thirty (30) days after the date on which
this notice is served on you,
You may have legal rights to defeat the judgment or to prevent your money or property
from being taken. YOU MUST FILE A PETITION SEEKING RELIEF FROM THE JUDGMENT
AND PRESENT IT TO A JUDGE WITHIN THIRTY (30) DAYS AFTER THE DATE ON WHICH
THIS NOTICE IS SERVED ON YOU OR YOU MAY LOSE YOUR RIGHTS,
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT
HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET
FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP:
Lawyer Referral Service
Court Administrator
4th Floor, Cumberland County Courthouse
Carlisle, PA 17013
(717) 240-6200
TUCKER ARENSBERG, P.C.
By:
Donna M, Donaher, Esquire
Pa.I.D.#53165
1500 One PPG Place
Pittsburgh, PA 15222
(412) 566-1212
Attorney for PNC Bank, National Association
BANK_FIN:258113-1000011-124521
. Complete items 1, 2, and 3. Also complete
item 4 if Restricted Delivery is desired.
. Prim your name and address on the reverse
so that we can return the card to you.
. Attach this card to the ,back of the mailpiecE;li.
or on the front if space permits. ~
,. Article Addressed to:
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2. Article Number
(Tran~r trqm '~eryice label)
PS Form 3811 , Feb~a~2004
3. ~rvlce Type
~ Certified Mail D Express Mail
o RegIStered 0 Retum Receipt for Merchandise
o Insured Mall 0 C.O.D.
4. Restricted Delivery? (Extra Fee) 0 'ies
7004 2510 0001 0321 7818
Domestic Return Receipt 102595-02-'-\-1540 i
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