HomeMy WebLinkAbout05-4714
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
Defendant.
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CIVIL DIVISION
NO, 05' - Lf7/Lj
C'L>lL ~~
PNC BANK, NATIONAL ASSOCIATION,
Plaintiff,
vs.
JACQUELINE PUTT dlbla
PUTT HOME REMODELING,
CONFESSION OF JUDGMENT
Pursuant to the authority granted in the Warrant of Attorney contained in the Note, the
undersigned attorney hereby appears for Defendant and confesses judgment in favor of Plaintiff,
PNC BANK, NATIONAL ASSOCIATION, and against Defendant as follows:
Interest through 8/23/05
$48,539.59
$ 2,473.91
Principal Debt
Late charges
$
92.36
Total
$ 5.101.35
$56,207,21
Attorney's Commission
By:~~~.0~
Donna M. Donaher, Esquire
Attorney for PNC Bank, National Association
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff,
CIVIL DIVISION
NO. O~ -WlI'I C!;olL~~
PNC BANK, NATIONAL ASSOCIATION,
vs.
JACQUELINE PUTT d/b/a
PUTT HOME REMODELING,
Defendant.
COMPLAINT IN CONFESSION OF
JUDGMENT
Filed on behalf of Plaintiff,
PNC Bank, National Association
Counsel of Record for This
Party:
Donna M. Donaher, Esquire
Pa.I.D.#53165
TUCKER ARENSBERG, P.C.
Firm #287
1500 One PPG Place
Pittsburgh, PA 15222
(412) 566-1212
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
PNC BANK, NATIONAL ASSOCIATION,
Plaintiff,
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NO. 0 S -
C',u~L~ ~
CIVIL DIVISION
vs.
JACQUELINE PUTT d/b/a
PUTT HOME REMODELING,
Defendant.
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 Jacqueline Putt d/b/a Putt Home Remodeling, whose last known
address is 603 Mountain Street, Summerdale, PA 17093.
3. On March 3, 2004, Defendant submitted to Plaintiff an Application for a Business
Line of Credit. A true and correct copy of the Application is attached hereto, incorporated herein
and label Exhibit "A".
4. Pursuant to the terms of the Application, the Defendant agreed that should the line
of credit be granted, she would be bound by the terms and conditions of the Business Line of
Credit Agreement.
5. On or about March 5, 2004, the Plaintiff did notify the Defendant that a business
line of credit in the amount of $50,000,00 would be extended.
6. On or about March 5, 2004, the Plaintiff did provide the Defendant with the
Business Line of Credit Agreement ("Agreement") containing the terms and conditions of the line
of credit. A true and correct copy of the document is attached hereto, incorporated herein and
labeled Exhibit "B".
7. The Application and Agreement shall hereinafter be jointly referred to as "Note".
8. There has been no assignment of the Note.
9. Judgment has not been entered on the Note in any jurisdiction against the
Defendant.
1 O. The judgment by confession sought by PNCB in this Complaint is not being
entered against a natural person in connection with a consumer credit transaction.
11. By Warrant of Attorney contained in the Note, Defendant authorized entry of
judgment by confession.
12, Pursuant to the Warrant of Attorney executed by Defendant, Defendant waived the
benefit of all laws exempting real or personal property from execution.
13. Pursuant to the Warrant of Attorney contained in the Note, judgment may now be
entered against Defendant 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.
14. Under the Note, the following amounts are now due by Defendant to PNCB:
- 2 -
Principal Debt $48,539.59
Interest through 8/23/05 $ 2,473.91
Late charges $ 92.36
Attorney's Commission $ 5.101.35
Total $56,207.21
15. Under the terms of the Note, Defendant is liable to PNCB for attorney's
commission of ten (10%) percentfor collection.
WHEREFORE, Plaintiff, PNCB, demands that a judgment be entered against Defendant,
Jacqueline Putt dlbla Putt Home Remodeling, as authorized in the Warrant of Attorney contained
in the Note, in the sum of $56,207.21 together with interest and costs of suit.
Respectfully submitted,
TUCKER ARENSBERG, P.C.
.~ .... n. ^ ,
By: U ~CA 0~CD/\.YJ~
Donna M, Donaher, Esquire
Pa.I.D.#53165
1500 One PPG Place
Pittsburgh, PA 15222
(412) 566-1212
Attorney for PNC Bank, National Association
- 3 -
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
PNC BANK, NATIONAL ASSOCIATION,
CIVIL DIVISION
Defendant.
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NO,
Plaintiff,
vs.
JACQUELINE PUTT d/b/a
PUTT HOME REMODELING.
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 Defendant is:
603 Mountain Street
Summerdale, PA 17093
By:~\(v,.N) .0G",~
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.
.'---------....
U Dvv""CA 0 (J\J""~~
Donna M, Donaher. Esquire
Attorney for PNC Bank, National Association
Sworn to and sub~ibed
before me this " day
of S~\~, 2005.
, C
fY\ o_L<-./\--1'1, 0--.... J~'-. CL,-\
Notary Public ..
,'I."
BANK_FIN:255341-1 012286-006670
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1, Applicant. The Applicant certifies that the statements made on this application and
any other information provided in connection with this application are true and complete. THE
APPLICANT CERTIFIES THAT ALL LOAN PROCEEDS WILL BE USED FOR
BUSINESS PURPOSES. The term "Applicant" as used herein shall include the business
entity(ies) applying for the loan (the "Borrower") and all other persons who by providing
information herein may be liable for the loan requested in this application as an endorser, surety
or guarantor, or who may be a principal of the Borrower. The Applicant agrees to promptly
notify the Bank of 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. In addition, once the commitment has
been issued, the Borrower will pay all expenses, including but not limited to: documentation
fees, annual fees, mortgage taxes, insurance premiums, recording and filing fees, overdraft
protection fees, appraisal fees, etc.
By signing below, the undersigned AppUcant(s), who is/are either a principal(s) of the
Borrower or a personal guarantor(s) of its obligations, provides written authorization to
the Bank or its designee (and any assignee or potential assignee hereof) to obtain my/our
persona) credit profile(s) from one or more national credit bureaus. Such authorization
shall extend to obtaining a credit profIle in considering this application and subsequently
for the purposes of update, renewal or extension of such credit or additional credit and for
reviewing or collecting the resulting account. A photocopy or facsimile copy of this
authorization shall be valid as the original. By signature below, lJwe affirm my/our
identity(ies) as the respective individualls identified in this application.
If 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 1 enders. Each
Applicant authorizes you to forward this application, credit report(s) concerning the Applicant(s),
and a 11 other r elated do cuments and 0 ther inf ormation in your possession to non- PN C 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 'A"
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_ Yes. I1we 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, IJwe do not wish to be considered for PNC Bank's Expanded Credit Program.
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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 Security/ElN number(s).
3. Tenns and Conditions. If this application is for: (a) a Choice CreditSlol Line; (b) a Choice
CreditSM Term Loan; or (c) a line of credit or term loan which may be secured by the Borrower's
business assets or equipment; and the Bank approves this application, the Bank. will mail to the
Borrower at the address specified in this application, the Business Banking Line of Credit
Agreement or the Business Banking Term Loan Agreement, as appropriate (as amended or
restated from time to time, the "Terms and Conditions") governing the line of credit or term loan
(as appropriate, collectively, the "Credit Facility"). The Borrower agrees that: (i) it shall be
bound by all provisions of the Terms and Conditions; (ii) all credit requested or obtained under
the Credit Facility shall be subject to the Terms and Conditions; (iii) any request by the Borrower
for credit under any Credit Facility shall be conclusive evidence that the Borrower has received
the Terms and Conditions and agreed to the terms thereof; and (iv) it shall pay to the Bank. all
amounts outstanding from time to time under any Credit Facility in accordance with the Terms
and Conditions, The Borrower agrees to immediately notify the Bank if it does not receive the
Terms and Conditions within seven (7) days after submission of this application to the Bank, or
if the Borrower does not agree to be bound by the Terms and Conditions upon receipt thereof.
The Borrower agrees that if it does not agree to be bound by the Terms and Conditions, the
Borrower promises to immediately repay to the Bank any proceeds of any Credit Facility which
have been disbursed to, or on behalf of, the Borrower.
4. Grant of Security Interest. If the amount of the Credit Facility granted is greater
than $50,000, to secure the Obligations (as defmed in the Additional Security Agreement
Terms attached to the Terms and Conditions), the Borrower hereby grants the Bank a
continuing lien on, and security interest in, all of Borrower's now existing and hereafter acquired and arising personal property including, without limitation, all 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
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replacements thereof (the "Collateral"). Additional terms and conditions related to the
security interest granted in this paragraph are set forth in the Additional Security Agreement
Terms which are attached to the Terms and Conditions and incorporated into this instrument by
reference.
5, Right to Perfect Security Interests. If the amount of the Credit Facility granted is
greater than $50,000, 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 CreditSM Line;
(b) a Choice Credits>! 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 Terms and Conditions (collectively, the "Obligations"). This guaranty is absolute,
unconditional, irrevocable and continuing and will remain in full force and effect until all of the
Obligations have been paid in full. This Guaranty will not be affected by: any release by the
Bank of any other party, guaranty or security held by it for any of the Obligations; by any failure
of the Bank to preserve its rights to any guaranty; or by any irregularity, unenforceability or
invalidity of any of the Obligations or any part thereof or any guaranty thereof. This is a
guaranty of payment and not of collection and the Bank shall not be required, as a condition of
any Guarantor's liability, to make any demand upon or to first pursue any of its rights against any
Borrower or particular Guarantor, or to pursue any rights which may be available to it with
respect to any other person who may 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 Terms and Conditions relating to
any of the Obligations; (b) renew, substitute, modify, amend or alter, or grant consents or waivers
relating to, any of the Obligations, any other guaranties or any security for any Obligations; (c)
apply any and all payments by whomever paid or however realized, to any Obligations of the
Borrower in such order, manner and amount as the Bank may determine in its sole discretion; (d)
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deal with any other person with respect to any Obligations in such manner as the Bank deems
appropriate in its sole discretion; or (e) substitute, exchange or release any security or guaranty.
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, 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 and will be included in the Obligations. 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. RiJilit 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 Jud2ment. 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' coUection 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 b~n 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 fmd it necessary
and desirable and this instrument shall be a sufficient warrant therefor.
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BEING FULLY A WARE OF ITS RIGHTS TO PRIOR NOTICE AND A HEARING ON
THE VALIDITY OF ANY JUDGMENT OR OTHER CLAThlS THAT MAY BE
ASSERTED AGAINST IT BY BANK HEREUNDER BEFORE JUDGMENT IS
ENTERED, EACH BORROWER AND GUARANTOR HEREBY FREELY,
KNOWINGL Y AND INTELLIGENTL Y 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 W ARE OF ITS RIGHTS AFTER JUDGMENT IS ENTERED (INCLUDING THE
RIGHT TO OPEN OR STRIKE THE JUDGMENT), EACH BORROWER AND
GUARANTOR HEREBY FREELY, KNOWINGLY AND INTELLIGENTLY WAIVES
ITS RIGHTS TO NOTICE AND A HEARING AND EXPRESSLY AGREES AND
CONSENTS TO BAl'lK'S TAKING SUCH ACTIONS AS MAY BE PERMITTED
UNDER APPLICABLE ST ATE AND FEDERAL LAW WITHOUT PRIOR NOTICE.
EACH BORROWER AND GUARANTOR CERTIFIES THAT A REPRESENTATIVE
OF BANK SPECIFICALL Y 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. AUTHORIZA TraNS. 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 exercise 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 5601 et
seq. (specifically including Act 39 of 1999) shall not be applicable to any such authorization.
10. W AlVER OF ,JURY TRIAL. THE BORROWER AND EACH GUARANTOR
IRREVOCABL Y W AlVES ANY AND ALL RIGHT SUCH BORROWER OR
GUA.RA1~TOR MAY HAVE TO A TRIAL BY JURY IN ANY ACTION, PROCEEDING
OR CLAlM OF ANY NATURE RELATING TO THIS Ii'lSTRUMENT, 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 ATE RIAL
INDUCEMENT FOR THE PARTIES ENTERING INTO THIS TRANSACTION.
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Borrower(s):
Guarantor(s): (All owners and principals of the Borrower\s) must sign as guaranlors)
ate
ignature
Corporate Resolution (for Corporate Borrowers)
RESOL YEn, That and / or
and enter into binding loan agreements on behalf of this Corporation; and
are authorized to apply for credit
FURTHER RESOLVED That each of the above-named officers is authorized to sign and deliver any loan
agreement, notes, security agreements and renewal, modification, extension and other agreements on behalf of this
Corporation (any of which may cootain a warrant of attorney authorizing the Bank. to confess judgment against the
Corporation for aU 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 Borrower's Board of Directors; are in full force and effect and have not been Il1{)dified or
revoked; and the signatures and titles set forth above are the genuine signatures and titles oftbe persons indicated.
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Signature of Secretary or AssUtanI Sc:crctary
Dale
rcB&:n:UP^ ^pplicotioo-P^.()ol-IS-OI
o PNCBAN<
BUSINESS BANKING LINE OF CREDIT AGREEMENT
Borrower: JACQUELINE PUTT DBA:
PUTT HOME REMODELING
603 MOUNTAIN STREET
SUMMERDALE, PA 17093
Bank: PNC BANK, NATIONAL ASSOCIATION
One PNC Plaza
249 Fifth A venue
Pittsburgh, P A ] 5222
Ma,<imum Credit: $50,000.00
Annual Fee: .$175,00
Initial Index: 4.00%
Margin: 3,50%
Initial Rate: 7,50%
Date of Loan: MARCH 5,2004
Borrower's form of organization:
. Sole Proprietorship
o Corporation
o Limited Liability Company
o General Partnership
o Subchapter S Corporation
o Limited Partnership
o Non-Profit Corp,
State of Organization: PENNSYLVANIA
Borrower's Tradenames or Tradestyles:
Other Locations of Borrower's Business:
EXHIBIT
I 'lB.
BUSINESS BANKING LINE OF CREDIT AGREEMENT
TERMS AND CONDITIONS
We are pleased to have you as a CUSlomer and to provide you with a copy of these terms and conditions (the "Terms and Conditions") governing
the line of credit ("LlOe") provided to you by us, These Tenns and Conditions are an importllnt part of your Business Banking Line of Credit
Agreement, A supply of checks to enable you to begm using your accoont will be mailed to you g,ortly, Please read these Tenns and Conditions
carefully, Your use or aa:c:plance of any Line proceeds wiD be deemed eviden~ of your agnement to lIlese Terms and Conditions,
1, DEFINITIONS. In this Agreement, the following definitions apply:
"Agreement" mems this Business Banking Line of Credit Agreement and any amendment or addendum to this Agreement.
"We," "us." "our" or "Sank" means the Bank identified on the first page of this Agreement or any person or entity to whom the rights
of the Bank have been assigned,
"You." "your," "yours" or ~Borrower" means the individual(s) or entity(ies) identified on the first page of this Agreement who have
applied to the Bank tor the Line, for whom an aa:o\Dlt has been approved and who are listed above as a BorrowC'.
"Billing Cycle" means he interval between the dUes on which monthly statements are prepared,
"Expiration Date" shall be: the date which is one year from the Date of Loan shown on the first page of this Agreement, or such later
date as may be: desi gillied by written notice from us to you,
"Maximum Credit Limit" or "Maximum Credit" means the total dollar amount of credit available to you from time to Ume, the initial
amount of which is identified on the first page of this Agreement.
~Payment Due Date~ means the date which will appear ea:h month as the "Payment Due Date" on the billing statement The Payment
Due Dale will be detenninedby the Bri at the Bank's discretion,
"Tennination" means that you will no longer be: able to obtain loans or any extension of credit an this account Termination afTecls
the account permanently.
2, GENERAL DESCRIPTION OF THE ACCOUNT, This account is a revolving line account, sometimes called a line of credit. It is
intended to be: used only for business purposes, You reprc:sentlhat it will not be used primarily for pelSot'!aJ. family. or household P;rpDscs, You
may obtain loans on this account in the ways described in the "Account Privileges" section of this Agreement up to the Maximum Credit Limit
until this account is tenninated, Interest will be: charged on the outsWlding principal bal= at a rate that may change from tim<: to time, Each
new rate will apply to the ollStanding balancc on your ao;ount and all new borrowings until the rate changes again,
J. AUTHORIZED SIGNERS, In the Agreement, you are to designate the person(s) who arc authorized to write checks or obtain funds
from this account by any other means as we may, from time to time, permit without the signature or eOOOrliement of any other Borrower, Any
one of the authorized signeTS may act alone. If more than one name is identified as Borrower, each individual Borrower named has authority to
write checks or obtain funds from this account by any other means as we may. from time to time, permit without the signature or endorsement of
any other Borro"Cr.
We may honor drafts drawn by an authorized signer even if the drafts are made payable to the signer. to cash. or for deposits to the
authorized signer' 5 personal account. We have no duty La investigate or question the application of Line funds. We may refuse to honor drafts or
requests for funds if we are uncertam as to anyone's continuing authority to act as an authorized signer, or if the sigmllure on a draft docs not
appear to be: that of:J/1 authorized signer,
4, HOW YOU AGREE TO THE TERMS OF THIS ACCOUNT Applying for the Line, using your account or permitting someone else
to use your accrunt constitutes your agreement with us to be bound by this Agreement
5. ACCOUNT ?RlV1LEGES. We have esmblished this account for vou with a Maximum Credit Limit 10 the amounc set forth on me
tirst page of this Agreement Which may ch.1nge from time to time and which ~ill appear on your monthly billing statement You may use this
credit to obtain loans from time: 10 time until the E.'qliration Date by writing checks given by us to you for that special purpose in amounts of not
less than $1,000.00 or by using other methods which we may permit. You may not use this account to make paymems Ot'! this or any othcr PNC
Bank account You may cortinue to obtain loans until this account is tcnninated or the Expiration Date, whichever is earlier, You al1horize us to
charge this account for all chedts you write on this account, for loans you make and for interest and any other amounts which you agree in this
Agreement to pay. If you lose the checks which were given to you to obtain loans ti'om this account, or someone has oblained them without your
permission, you must tell us immediately, You acknowledge and agree that in no event will we be under any obligation to extend or renew this
account beyond the initial Expirll1ion Date,
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We agree to pay checks which :lI'e dated. drawn and issued on this account by you prior to the earlier ofthc termination of this account
or the Expiration Dale, We are not obligated to pay checks thaI cause your balance to excced your Maximum Credit Limit. We are not obligale?
to pay any checks dated, drawn or ISSUed by you or received by us after this account is terminated, if your balance exceeds your Maximum Credit
Limit, or if your checks have bel:n reponed lost or stolen. You agree thai the only checks that you will write to make loans from the account WIll
be those i>sued by US for that special purpose.
6. OVERDRAFT PROTECT10N. If you elect Overdraft Protection for this account, we will make a deposit to the business cheCking
account with us designaled by you whenever a withdrawal IS made from that checking account, either by writing a check from the checking
account or in some other way, in an amount whim is more money than the balance in that checking account. The amount which we will deposit
will be the amount by which the withdrawal exceeds the balance in the checking account, rounded up to the next whole $1.00; however, the
amount which we will deposit will not be le>s than S50.00, We will charge the amount of the deposit lIS a loan from this accounl We do not
have to make a deposit to the checking account if a deposit will cause the balance of this account to exceed the Maximum Credit Limit or would
violate this Agreement OIecking account checks which are returned will be sutlject to our regular overdraft dlarges,
], YOU AGREE:
a) not to write checks for less tha'l $] ,000,00:
b) to repay all amounts advanced hereunder together with interest lIS provided in this Agreement;
c) not to make loans from this IlCCOunt which will cause the outstanding balance on this account at any time to exceed the
Maximum Credit Limit which we have now approved or Il1llY awrove at any time in the future:
d) to immediately pay the amOlJ1t of any loons in excess of the Maximum Credit Limit;
e) to give uS such financial statements as we may request from time to time;
t) to pay us costs of collection, including coun costs and reasonable legal fees and expenses allowed by law, if we refer your
account to an attorney for coOcclion:
g) not to give us false nforrruuion or signatures at any time or leI iWlyone who is net a Borrower use this account;
h) to pay a Lale Charge. as provided in this Agreement, for each month any payment is not made within fifteen (15) days of
its Payment Due Date: and
i) to honor any and all other promises lIlal you make in this Agrccment.
8, SECURITY INTEREST, Money on deposit with us and property held by us secure loans made under this Agreement; collateral
securing olher obligllions 10 us may also secure loans lIlder this AgreemenL
9. INTEREST The interest rlle on the Line is subject to change from time to time based on cllanges in 811 indepemJent index which will
be the highest Prime Rate published in the "Money Rates" section of The Wall Street Journal for the last day of the preceding calendar month
which is reponed (the "Index"), The Index is notn<:cessarily the lowest rate we charge on our loan;, If the Index becomes unavailable during the
tenn of this account. we may designate a substitute index atter notitying you, We will tell you the current Index rate upon your request. You
understand that we may provide lines of credit and loans bllSed on other rates as well. The interest rate change will not occur more onen than
each month, The Index for a Billing Cycle is determined on the first day of that cycle based on the Index for the IlISt day of the preceding
calendar month which is reported, The current Index is set forth on the. tirst page of this Agreement The interest rate to be applied to the unpaid
principal balance of this account is detennined by adding a number of pe~ntage points (the "Margin") to the Index, This Margin is set forth on
the first page of this Agreement, as is the initial interest rate for the OCCOWlt (the Index rate plus the Margin),
Interest on the principal balance of loans outstanding on this account is computed on a 365/360 simple interest basis: that is, by
applying the ~io of the annual interest rate on the first day of the Billing Cycle over a year of360 days to obtain a daily periodic rate, multiplied
by the average daily principal balance during the Billing Cycle. mUltiplied by the actual number of days in the Billing Cycle, Under no
circumstances Will the irterest rate on this account be more than the maximum rate allowed by applicable law,
10. MONTHL Y I~TEREST PA YMENTS, You agree to pay the accrued and unpaid interest on this account each month on the Payment
Due Date, Your payments must be sent to us at the address shown iixJve or at ~ch other place as we may designate in writing, Unless otherwise
agreed In writing or required by applicable law, payments win be applied first to any accrued unpaid interest. then to principal. and any remaining
amount to any unpaid collection costs and any late d1argcs,
II. LA TE CHARGES, If you fail to pay us the paymenl due by the payment due date ret1ected on your monthly statement, we may
charge you a Late Charge of SI 00 or 5% of the amount PlISt due, whichever is less,
12, AUTO,\tATIC PA YMENT; DEPOSITORY: fNCREASE OF MARGIN, You agree to establish and maintain a business checking
account with lIS during the tenn of this Agreement which shall be your primary depository accoWlI. You authonze us to deduct your monthly
payments on the account from the cl1ecking account i\Utomatically, If there are insufficient collected and available funds in the checking account,
we will not be reqUIred to advl\llce funds to cover the payment. We reser\'e the right to tenninate the automatic payment ser\'ice at any time, with
or without causc. If you revoke your authorizauon for us to automatically deduct your monthly payments on the account from the checking
account any reason whatsoever or fail (0 mantain a checking account with us which may be dlarged, we may, at our option, upon thirty (30) days
notlC<: to you, increase the interest rate Margin set forth on the first page of this Agreement by 0,25 percentage pants (0,25%),
If you fail to establish and maintain your pnmary depository account with us, we may, at our option, upon thirty (30) days notice to
you, increase the interest rate Mar&in set forth on the first page of this Agreement by up to 1.00 pen:entage points (1,00%),
Our right to U1crellSC the interest rate Margin pursuant to this Section shall be in addition [0 any other rights or remedies we may have.
all of which are hereby rcscr\'ed, and shall not constitute a waiver, release or limitation upon our exercise of any sudl rights or remedies,
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13. PREPA YMENT, You may pay without penalty all or any ponioo of the amount owed earlier than it is due, Early payments will not
relieve you of your obligation to continue to make payments of accrued unpaid interest, Rather, they will reduce the princIpal balance due,
\4, MONTHL Y STATEMENTS AND CHECKS, We will send you a monflly statement for eadl billing cycle in which OClivity is posted
to this account or if there is a debit or credit balance of more than $1,00 or for any billing cycle in which we impose interest The statement will
show advances made. the amount due for IICcrucd unpaid interest, payments made IIT1d the balance which you owe, All payments must be
received by us in U,S, dollar.; at the remittance address disclosed on your monthly billing swemcnt, Any subsidiary or affiliate of ours may act
as your agent in receiving payments on this account. Unless you notify of us in writing of errors in the statement within sixty (60) days from the
date it is mailed, the statement shall be considered correct and accepted by you, We need not mail you a statement if we deem this account
uncollcctable or if delinquency collection proceedings have been staJted by us, If there is more than one Borrower, each agrees that if the
statement is sent to and accepted by any of you. it shall be considered correct as to and accep<<ed by all of you, We shall retain all checks drawn
on tIllS 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 experience with you, You also authorize us to obtain from and exchange infonnation with our affiliates and correspondents,
Information from credit bureaus was obtamed with respect to this account If you ask, we will tell you whether or not a consumer credit report
was requested from a credit bureau and the name and address of the credit bureau(s) that provided the consumer credit report. At our option. we
may obtain updated credit bureau reports and income verific:uions on you as is reasonably necessary to protect our illercsts.
16, CUSTOMER rNFORMATlON, You understand that we share transaction information with PNC Bank affiliates and with any third
party that performs services for us in connection with this account or to whom this account may be transferred, We may also share other
infonnation you or a third party may provide, If you do not want us to share personal, nontransaction information with PNC Bank affiliates.
please write us at PNC Bank, p, O. Box 96066, Pittsburgh. Pennsylvania 15226, Be sure 10 include your name. address. account number(s) or
Social Security/EIN number (s),
17, DEFAULT. You will be in ck:fllult if any of the following happens:
a) !fyou fail to pay any payment when it is due;
b) If you fail to pay us the amount of any advances in excess of the Maximum Credit Limit within ten (10) days after we mail
a notice to you demaniing the money,
c) If you use the proceeds of loans from flis account for a purpose not permit1ed under this Agreement;
d) If you or any gWll1lltor fail to provide us with an updated financial statement upon our request:
e) If you die, arc put in jail. or if a court with proper jurisdiction to do so fUlds that you arc incapacitated:
f) If you make an assignment for the benefit of creditors. if you are or become insolvent. if a receiver is appointed for any
part of your property, or ifblllkruptcy or receivership proceedings are filed by or agailst you;
g) If anyone files a lawsuit or gets ajudgment against you, or :staches or levies on lilY property of yours:
h) If you do not notifY US within ten days of any chlllge in your address;
i) If you have mlde any untrue stalements or have provided us with false infonnatiOfl or signatures at any time;
j) If you fail to keep any promise or perfonn any duy in this Agreement or any other loan or agreement withus:
k) If you default under any loan, extension of credit. security agreement, purchase or sales agreement, or any other agreement.
in favor of any other creditor or person that may materially affect any of your property or your ability to repay this accounl
or perform your obi igations under this Agreement;
I) If any creditor tries to take any of your property on or in which we have a lien or security interest (this includes a
gJmishmenl of any of your accooots with us):
m) If a material adverse change occurs in your financial condition, or we believe the prospect of payment or perfonnance of
the account is impaired;
n) If you fail to establish and maintain your primary deposit:lCcount with us:
0) If any of the events described in this default section occurs with respect to any guarantor of this account;
p) If any guarantor seeks. claims or otherwise attempts to limit. modify, revoke such guarantor's guaranty of this :lCcount or
any other loan with us: or
q) If we, in good fuith, deem ourselves insecure,
18, OUR RIGHTS UPON DEFAULT lfa default occur;, we Will have no furtherduty to pay checks or make advances from this account
and this account will be terminated. This will happen without prior notice to you, If we choose, at our sole option. to pay checks from thiS
account or make advances after default, you agree that we may charge those loans to this account. If any event described in Sections 17(f), (g) or
(h) happens, all amounts which you owe us under this Agreement shall be immediately due and payable without prior nolice to you, or right to
cure, except as required by law. If any other event specified in Section 17 occurs, all amounts which you owe us under this Agreement shall be
due md payable immediately, at our option, WIthout prior notice to you, or right to cure. eXCl:pt as required by law, The other provisions of this
Agreement will continue to apply to this account. If we gel a judgment after default and/or you arc a debtor in an action filed by or against you
under the Bankruptcy Code, unless prohibited by appl icable law the rates applicable to this account will continue to apply to the balances on this
account. A default under this Agreement is a default under every other note, loan agreement or security agreement that you have with us,
Upon default, if we decll!I1: the entire outstanding principal, unpaid interest and charges on your accoUlt immedialely due end payable.
you must pay that amount immediately, Upon your default, we may increase the interest Margin up to five percentage poirus (5%) over the
variable interest rare on this account, if aJlo~d by law, We may hire or pay someone else to help us collect this account if you fa.l to pay in
accordance with this Agreement You agree to pay our collection costs (including. without limitation, the cost of in-house attorneys and staff),
whethcr or not we hIre anyone else to help us collect this account. This includes. subject to my limits under applicable law, our attorneys' fees
and legal expenses whether or not there is a lawsuit, including attorneys' fees and legal expenses for bankruptcy proceedings (including efforts to
modiI)' or vacate any automatic stay or injunction), appeals and any anticipated post-judgment collection services. In addition to all other sums
provided by law, you will also pay any court costs 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 this Agreement. The Annual Fee will be charged in
advance on the anniversary date of )Cur aCl:OUllt and is not refundable,
20, TERMIN,....T10N BY YOU, You may terminll1e this Agreement at any time thll1 you are not in default by: (i) mailing or delivetinga
written nOlice to us thll1 you are terminating this account: (ii) paying us the outstanding principal balance of the account, the accrued and unpaid
Interest on the balance. and all other amounts due in accordance with the terms of this Agreement; and (iii) immedialely returning all checks and
other credit access devices, if applicable. which arc our property and that were provided to you to access your account. You will continue to be
liable for any adv<rlces mooe pursuant to unreturned checks, Any use of ched<s after the account is terminllled may be considered fraudulent.
21. TERMINA TlON BY US. Upon sixty (60) days prior written notice to you, we may terminate this account, with or without cause, and
demand full payment of the outstanding principal balance of the account, the accrued and unpaid interest on the balance. and all other amounts
due in accordance with the terms of thiS Agreement. Unless our notice provides otherwise. we will have no further oblig8l:ion to make any new
loans to you. TerminlI1ion undcr this paragraph will not affect any checks which comply with this Agreement and which were written and issued
by you before the date on the termination notice or any other loans made under this Agreement before the date on the termination notice. 1 f we
choose, at our sole option, to pay checks or make advances after we have terminated this account, you agree that we may charge those loans to
this account. After termination, the checks and other credit access devices. if applicable, which me our property and that were provided to you to
access your accwnt must be returned 10 us immediately,
22, CONVERSION TO TERM LOAN. We retain the right to convert all or any part of the outstanding indebtedness under this account
into an amortizing term loan. witll or without cause, upon providing sixty (60) days prior written notice to you (the ~Conversion Notice"), Ifwe
exercise this right. we will compute a new monthly payment with respect to the part of the account so converted (the "Term Loan Portion"), and
you will be advised of such new monthly payment with respect to the Term Loan Portion in the Conversion Notice, Monthly payments on the
Term Loan Portion following the Conversion Notice shall be based upon an amortization period specified in the Conversion Notice (the
.. Amortization Period'), Subsequent payments on the Term Loan Portion shall be determined monthly and shall be in the amounts determined by
us to be necessary to fully amortize the then outstanding principal balance of the aceount so converted over the then remaining Amortization
Period at the effective interest rate on the account as of the date the amount of such payment is calculll1ed by us, All outslanding principal and
accrued interest will be due on the last day of the Amortizallon Period, Following the Conversion Notice. the Ma.,imum Credit Limit of the
aceount shall be reduced to the initial amount of the Term Loan Portion. You may not reborrow repaid amounts of the Term Loan portion unless
otherwise agreed by us, Upon payment in full of the Term Loan Portion and with our consent, the full amount of the account may be reinstated,
All of the provisions of this Agreement shall ~ply to the Term Loan Portion except to the extent ilconsistent widl this paragraph,
23. OUR LIABILITY. We bave no responsibility for failure of any machine, merchant or other pllrty to honor checks or any other means
which we may permit from time to time to be used to obtain a loan from this account. Our liability. if any, for wrongful dishonor of a check
written on this account is limited to your actual damages, Dishonor for any reason as provided under the terms of this Agreement is not wrongful
dishonor,
24, POST-DATED, STALE DATED, STOP PA YMENT AND CERTIF1CA TION OF CHECKS, Procedures ard laws applicable to post-
dated, stale dated, and stop payment of checks in connection with transactions on regular business checking accounts shall apply to checks under
this Agreement. You agree not to issue post-dated checks, You may place a stop payment order on a check by providing us with informll1ion on
the date, number, payee. and exact amount (dollars and cents) of the check at any branch ol1ice, or by calling or writing us at the following
address: PNC Bank. Centralized Customer Assistance, 2730 Liberty Avenue. Pittsburgh, PA 15222, We will not be liable for paying a check if
your request is incomplete, incorrect 111 any detail or is not provided to us in a lime and manner which affords us a reasonable opportWlity to act
upon it. We will not "certify" a ched< on this account.
25, AMENDMENT OF AGREEMENT, We may amend thiS Agreement from time to time, in any respect, by giving you written not~e
where required by law, Such amendments will apply to OUlSllIIlding balances and new loans except as otherwise indicated in the wntten notice,
If you do not agree to be bound by the terms of any amendment, you must notify us of your election to terminate the account ?UT>uant to Section
20 ofmese Terms and Conditions within thirty (30) days of the dile we sem you our notl:c of the amendment.
26, YOUR RESPONSIBILITIES TO US, If more than one person is identified as Borro...-.:r, each and all of you are equally responsible.
indiVIdually and together. to us for payment in full of this account. J f we extend credit to you by posting any advance to your account prior to
receiving written notice oi your death or incapacity, such transaction shall be a valid and binding obligation of your estate and upon your heirs
and personal representatives,
27, REMEDIES CUMUL4.TIVE. Our remedies undet this Agreement shall be OJffiulative and not a1ternaliR
28, DELA Y IN ENFORCEMENT. We can delay in enforcing any of our rights under this Agreement without losing them, Any waiver
by us of..ny provision of Ihis Agreement will not be a waiver of the same or a'lY olher ;>rovislon m any other occasion,
29. ASSIGNMENT, You may not assign or otherwise transfer your rights and privileges under this Agreement, or delegate your
obligaticns to repay amounts you owe us, Any anempt by you to assign or delegate will be void md of no effect. We may assign any and all of
Qur TlOShts under this Agreement at an)' time without your consent. A person(s) to whom we assign this Agreement shall be entitled to all of our
rights under this Agreement, None of your rights or obligltions shall be effected by such assignment.
30, . REPLACEMENT OF PRIOR AGREEMENTS. This Agreement replaces all earlier agreements and governs all balances on this
accoum, Including balances carried over onto l1is account from any prior account, just as if it had been in effect before the tirst advance from this
account,
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31. GOVERNING LAW AND CONSTRUCTION; JURISDICTION, This Agreement has been delivered to and acceptd by us and will
be deemed to be made in the State where our office indicated on the first page of this Agreement is 100000d, Regardless of the State of your
residence. you agree that this Agreement will be interpreted. and the rights and I iabilities of the parties determined. in accordance with, the laws
of the State where our office inLicated on the first page of this Agreement IS locited. exchxling its conflict of laws rules, You irrevocably consent
to the exclusive jurisdiction of any state or federal court located tor the county or judicial district where our office indicated on the first page of
this Agreement is located. and consent that all service of process may be sent by naionally recognized ovanight courier service directed to you at
your address set forth on the first page ofmis Agreement and service so made will be deemed to be completed on the business day after deposit
with such courier, provided that no!hing contained in this Agreement will prevent us from bringing any action. enforcing any award or judgment
or exercising any rights against you individually, against any security or against any of your property within any other county, state or other
foreign or domestic jurisdiction, You acknowledge and agree that the venue provided in this paragraph is the most conveniert forum for both you
and us. You waiye illY objection to venue and any objeC1ion based on a more convenient forum in any action instituted under this Agreement.
]2. SEVERA81LITY Ifany provision of !his A~ment is held to be invalid or unenforceable, such determination shall not affect the
validity or enforceability of the remairing provisions of this Agreement.
33, GENERAL PROVISIONS, To the fullest extent allov.ed by law, you and any other person who guarantees or is otherwise liable for
!his account waive any applicable statute of limitations. pre~ntment. demand for payment. protest and notice of dishonor, Upon any change of
this Agreement, and unless otherwise expressly stated in writing. no party anligated on this account, directly or as a guarantor. shall be released
from liability, We may ~new or extend (repeatedly and for any length of time) this acrount, or release any party or guarantor or collateral: or
impair, fail to realize upon or perfect our security interest in any rollateraL and take any other action deemed necessary by us without the consent
of, or notice to. anyone, We may modify this account without the consent of, or notice to, anyone other than the party with whom the
modificmion is made, Any notice to us which is required by this Agreement must be sent to us at the address set forth on the first page of !his
Agreement.
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BUSINESS BANKING LINE OF CREDIT AGREEMENT
ADDITIONAL SECURITY AGREEMENT TERMS (If Applicable)
l. DEFINITIONS.
(a) "Collaternl" shall include all personal property of the Borrower, including the following, all whether now owned or
hereafter acquired or arising and wherever located: (i) accounts (including health-<:are-insurance receivables and credit card receivables): (ii)
securities entitlements, securities accounts, commodity accounts, commodity contracts and investment property; (iii) deposit accounts; (iv)
instruments (including promissory notes): (v) dowments (including warehouse receipts): (vi) chattel paper (including electronic chattel paper and
tangible chattel paper): (vii) inventory, including raw materials, work in process. or materials used or consumed in Borrower's business, items
held for sale or lease or furnished or 10 be fumished under contracts of service, sale or lease, goods that are returned, reclaimed or repossessed;
(viii) goods of cvery nature, including stock-in-trade, goods on consignment. standing timber that is to be cuI and removed under a conveyance or
contrxt for sale, the unborn young of animals, crops grown, growing, or to be grown, manufactured homes. computer programs embedded in
such goods and fann products: (ix) equipment. including machinery, vehicles and furniture: (x) fixtures: (xi) commercial tort claims, if any,
Identified in writing to the Bank: (xii) lener of credit rights; (xiii) general intangibles, of every kind and description, including payment
intangibles, software, computer infonnation, source codes, object codes, records and data. all existing and future customer lists, choses in action.
claims (including claims for indemnificalion or breach of warranty), books, records, patC1lts and patc:nt applications, copyrights, trademarks,
trade names, tradestyles, trademark applications, goodwill, blueprints, drawings, designs and plans, trade secrets. contracts, licenses. license
agreements, fonnulae, tax and any other types of refunds, returned and unearned insurance premiums, rights 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 affiliate thereof: (wi) all cash and cash equivalents thereof: and (xvii) all
cash and non-cash proceedS (including insurance proceeds) of aJl of the foregoing property, all products thereof and all additions and accessions
therelo, 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" shaJI include all loans. advances, debts. liabilities, obligliions, covenarts and duties owing from the
Borrower to the Bank or to any olher direct or indirect subsidiary of The ?NC Financial Services Group. Inc.. of any kind or nature, present or
future (including any interest accruing thereon after malUrity, or after the filing of any petition in bankruptcy, or the commencement of any
insolvency, reCfganization or like proceeding relatng to the Borrower, whether or not a claim for post-filing or post-petition interest IS allowed in
such proceeding), whether direct or indirect (including those IICquired by assignment or participation). absolute or cootingent. joint or several, due
or to become due. now existing or hereafter arising, whether or not (i) evidenced by any note. guaranty or other instrument, (ii) arising under any
agreement, instrument or document. (iii) for the payment of money, (iv) arising by reason of an extension of credit, opening of a lener of credit,
loan, equipment lease or guarantee, (v) under any interest or currency swap, fulUre, option or other interest rate protection or similar agreement,
(vi) under or by reason of any foreign currency transaction, forward, option or other similar transaction providing for the purcl1ase of one
currency in exchange for the sale of anoher currency. or in any other manner, (vii) arising out of overdrafts on deposlt 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, or other
failure of the Bank to receive final payment for, any check, item. instrument, payment order or other deposit or credit to a deposit or other
account, or out of the Bank's non-rcceipt of or inability to collect fums or otherwise not being mllde whole in connection with depository or other
similar arrangements: and my amendments, e~tensions, renewals and increases of or to any of the foregoing. and all costs and expenses of the
Bank incurred in the documentation, negotililon. modifieation, enforcement. collection and otherwise in connection with any of the foregoing,
including reasonable: auomeys' fees and expenses,
(d) "UCC" means the Uni form Commercial Code, as adopted and enacted and as in effect from time to time in the State whose
law gove:ns pursuant to the Section of this Agreement entitled "Governing Law and Jurisdiction," Terms used herein which are detined in the
UCC and not otheroVise defined herein shall have the respective meanings ascribed to such terms in t.~e UCC To the extent the definition of any
category or type of collateral is modiIied by any amendment, modificalion or revision to che UCC, such moditied definition will apply
automatically :IS oithe date of such amendment, modification or revisiof\
1 GRAI'H OF SECURITY INTEREST To secure the Obligations. the Borrower. as debtor. hereby assigns and grants to the Bank, as
secured party, 3 continuing lien on and security interest in the Collateral.
), CHANGE IN NAME OR LOCATIONS, The Borrower hereby agrees that if the location of the Collateral changes irom the
location(s) identified on the rirst page of this Agreement. or if the Borrower changes its name, its type of organizaticn, its state oi organlZ3tlCl1 (if
Borrower is a registered organizatioo), its principal residence: (if Borrowa' is an individual), its chief executive ot1ice (if Borrower is a general
partnership or non-registered organization) or establishes a name in which it may do business that is not idenufied on the first page of this
Agreement. the Borro....-er will immediately notIfy the Bart in writing afthe additions or changes.
4. REPRESENT ATIONS AND WARRA.NTIES, The Borrower represents. warrants and ~ovenants to the Bank that: (a) all information,
including its rype of org:rnization, jurisdiction of organization, chief executive office, and (for individuals only) principal residence arc as set
iorth on the first page of this Agreement and are true and correct on the date hereof: (b) the Borrower has good, marketable and indefeasible title
to the Collatera!. has not made any prior sale, pledge, encumbrance, assignment or other disposition of any of the Collaternl, and the Collateral is
free from all encumbrances and rights of setoff of any kind except the lien in favor of the Bank created by this Agreement: (c) except :IS herein
prOVided, the Borrower will not hereafter without the Bank's prior written consent sell, pledge, encumber, assign or otherwise dispose of any of
the Collateral or penn it any right oi setotf. lien or security irnerest to exist thereon except to the Bank; (d) the Borrower will defend the Collateral
against all ~laims and dem3l1ds of all persons 31 any time claiming the same or any interest therein: (e) each lICcount and general intangible, if
Included in the definitIOn of Collateral, is genuine and enforceable in lIiCCordance WIth Its terms and the Borro....er will defend the same against all
claims, demands, setoffs and counterclaims at any time asserted: and (f) at the time Wly account or general intangible becomes subject to this
Agreement, such account or general intangible will be a good and valid accOlmt representing a bona tide sale of goods or services by the
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Borrower and such goo<:ls will have been shipped to the respective account debtors or the services will have been performed for the respective
account debtors, and no such account or general intangible will be subject to any claim for credit, allowance or adjustment by any account debtor
or any setoff, defense or counterclaim,
5, BORROWER'S COVENANTS. The Borrower covenants that it shall:
(a) from time to time and at all reasonable times allow the Bank. by or through any of its officers, agents, attorneys, or
accountants, to examine or inspect the Collateral, notify account debtors of the Bank's security interest in accounts and obtain valUalions and
audits of the Collateral, at the Borrower's expense, wherever located, The Borrower 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 the Collateral, and the proceeds thereof. including waivers from landlords. warehousemen and mortgagees, The Borrower
agrees that the Bank has the right to notify (on invoices or otherwise) account debtors lIJ1d other obligors or payors on any Collateral of its
assignment to the Bank, and that all payments thereon should be made directly to the BanI;. and that the BanI; has full power and authority to
collect. compromise. endorse, sell or otherwise deal with the Collateral in its own name or that of the Borrower at any time upon an Event of
Default
(b) keep the Collateral in good order and repair at all times and immediately notify the Bank of any event causing a material
loss or decline in value of the Collateral, whether or not covered by insuance, 3Ild the amount of such loss or depreciation;
(c)
regulations: and
only use or pennit the Collateral to be used in accordance with all applicable federal, state, county and municipal laws and
(d) have and maintain insurance at all times with rC5pect to all Collateral against risks of fire (including so-called extended
coverage), theft, sprinkler leakage, and other risks (including risk of flood if any Collateral is maintained at a location in a flood hazard zone) as
the Bank may require, in such form, in such amount, for such period and written by such companies as may be satisfactory to the Bank in its sole
disCTetion, Each such casualty insurance policy shall contlin a standard Lender's Loss Payable Clause is.9Jed in favor of the BanI; under which all
losses thereunder shall be paid to the Blllll; as the Bank's interest may appear, Such policies shall expressly provide that the requisite insurance
cannot be altered or canceled without at least thirty (30) days prior wriUen notice to the Bank and shall insure the Bank norwithstanding the act or
neglect of the Borrower. Upon the Bank's demand, the Borrower shall furnish the Bank with duplicate original policies of insurance 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 ilS option.
obtain such insurance lllld 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 repair or replace Collateral, all inthe Bank's sole discretion.
6. NEGATIVE PLEDGE: NO TRANSFER, The Borrower will not sell 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 invcmory and collections of accounts in the Borrower's ordinary
course of business) or use any portion thereof in any manner inconsistent with this Agreement or with the terms and conditIOns of any policy of
insurance thcreon.
7, COVENANTS FOR ACCOUNTS, If accounts are included in the definition of Collateral:
(a) The Borrower will, on the Banl;'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
certificatcs or other proof of the satisfactory performance of services that gave rise to 8fI ~ount, a copy of thc invoice for each account and
copies of any wriuen contract or order from which an account arose, The Borrower shaH promptly notify the Bank if an account becomes
evidenced or ;;ecured by an instrument or chattel paper and upon the Bank's request, will promptly deliver any such instrument or ch:mcl paper to
the Bank, including any letter of credit delivered to the Borrower to suppmt a shipment of inventory by the Borro'>'Cr.
(b) The Borrower will promptly advise the Bank whenever an account deblor refuses to retaln or returns any goods from the
sale or which an account arose and will comply with any instructions that the Bank may give regarding the sale or other disposition of such
returns, From time to time with such frequency as the Bank may request, the Borrower will report to the Bank all credits given to account debtors
on all accounts.
(e) The Borrower will inunediately notify the Bank if any account arises out of contracts with the United States or any
department, agency or instrumentality thereof, and will execute any instrumCllts and take any steps required by the Bank so that all monies due
and to become due under such contract shall be assigned to the Bank and notice of t~ JSSignment given [0 and acknowledged by the appropriate
government agency or al1hority under the Federal .....ssignment ofClaims.....cl.
(d) At any time after the occurrence of an Event or Default, and without notice to the Borro....'Cr, the Bank may direct any
persons who are irdebted to the Borro....'Cr on any Collateral consistilg of accounts or general intangibles to make payment directly to the BanI; of
the amounts due. The Bank IS authorized to give receipts to such :lCCount debtors for any such payments and the account debtors will be
protected in making such payments to the Bank. Upon the Banl;', wrinen request, the Borrower will establish "11th the Bank and maintain a
lockbox aCCoLUlt ("'Lockbox") with the Bank and a depository account(s) ("Cash Collateral Account") With the BanI; subject to the provisions of
thiS subparagraph and such other related agreements as the Bank may require, and the Borrower shall nOllfy its account debtors to remit payments
directly to the Lockbox. Thereafter, funds collected in the Locl;bo.x shall be transferred to the Cash Collateral Account, and funds in the Cash
Collateral Account shall be "llplied by the Bank, dally, to reduce fie outstanding Obligations.
~, fURTHER ASSURANCES. The Borrower hereby irrevocably authorizes the Bank to execute (on behalf of the Borrower) and file
against the Borrower one or more linancing, continuation or amendment statements pursuant to the UCC in form satisfactory to the !lank, and the
Borrower will pay the cost of preparing and filing the same in all Jurisdictions in which such filing is deemed by t~ Bank to be necessary or
deSirable in order to perfect, preserve and protect its security interests, I f required by the Bank, the Borrower will execute all documentation
necessary for the Bank to obtain md maintain perfection of its security interests in the Collateral. If any Cllllateral consists or letter of credit
. 8 -
rights, electronic chattel plljlCr. deposit accounts or supporting obligations not maintained with the 8ank or one of its affiliates. or any securities
entitlement, securities IICCOWlt, commodities account, commodities contract or other investment properly, then at the Bank's request the 80rrower
will execute. and will cause the depository institution or securities intermediary upon whose books and records the ownership interest of the
Borrower in such Collateral appears. to execute such Pledge Agreements, Notification and Control Agreements or other agreements lIS the Bank
deems necessary in order to perfect,prioritize and protect its security interest in such Collateral, in eadl case in a form satisfactory to the Bmk,
9, EVENTS OF DEFAULT. The Borrower shall, 31. 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 (lIS defined in any of the Obligations): (b) any default
under any of the Obligations that does not have a defined set of "Events of Default" and the lapse of any notice or cure period provided in such
Obligations wilh respect to such default (c) demand by lhe Bank under any of the Obligacions that have a demand feature: (d) the failure by the
Borrower to perform any of its obligillions under lhis Agreement; (el falsity, inaccuracy or material breach by the Borrower of any wrinen
warranty, representation or statement made or furnished to the Bank by or on behalf of the Borrower; (I) an uninsured material 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 altachment of or on the Collateral; (g) the failure of the Bank to have a perfected fir;( priority security interest in the Collateral: (h) any
, 'indication or evidence received by the Bank that the Borrower may have directly or indirectly been engaged in any type of activity which, in the
Bank's discretion, might result in the forfeiture of any propeny of the Borrower to any governmental 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 hereby immediaely due and payable and shall have, in addition to any remedies provrled herein or by any applicable law or in equity. all
the remedies of a secured party under the UCC, The Bank's remedies include, but are not limited to. the right to (a) peaceably by its own mell11s
or with judicial assistance enter the Borrower's premises and take possession of the Collateral wilhout prior notice to the Borrower or the
opportunity for a hearing. (b) render the Collateral unusable, (cl dispose of the Collateral on lhe Borrower's premises. (d) require the Borrower to
assemble the Collateral and mue it available to the Bank at a place designated by the Bank, and (e) notify the United States Postal Service to
send the Borrower'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 lhe Borrower reasonable notice of the time and place of any public sale thereof or of lhe time after
which any private sale or any other intended disposition thereof is to be made, The requirements of commercially reasonable notice shalllx: met
if such notice is sent to the Borrower at lellSt ten (10) days before the time of the intended sale or disposition, Expenses of retaking, holding,
preparing for sale, selling or the like shall include the Bank's reasonable attorney's fees and legal expenses. incurred or expended by the Bank to
enforce any payment we it under this Agreement either lIS against t~ Borrower. or in Ihe prosecution or defense of any action, or concernmg any
matter growing out of or connection with the subject matter of lhis Agreemenl and the Collateral pledged hereunder, The Borrower waives all
relief from all appraisement or exemption laws now in force or hereafter enacted,
11, AUTHORIZATIONS, In addition to any authorizations contained elsewhere in this Agreement, the Borrower does hereby irrevocably
authorize any officer or agent of the Bank to: (a) endorse the name of the Borrower or any of the Borrower's officers or agents upon any notes,
checks. drafts, money orders, or other instruments of payment or Collateral that may come into the Bank's possession in full or part payment of
any Obligations: (b) sue for, compromise. settle and release all claims and disputes with respect to, the Collateral: and (c) sign, for the Borrower,
financing, continuation or amendment statements pursuant to the UCC, or supplemental intellectual propeny security agreements: authorizing the
Bank and its officers and agents to do any and all things necessary to be done in and about lhe premises lIS fully and effectually lIS the Borrower
might or could do, The Borro'M:r hereby ratifies all that the Bank, its officers and agents shalllawfuDy do or cause to be done by v;ltUe hereo[
12, PA YMENT OF EXPENSES. At its option. the Bank may discharge taxes, liens, security interests or such other encumbrances lIS may
attach to lhe Collateral, may pay for required insurance on the Collateral and may pay for the maintenance, appraisal or reappraisal. and
preservation of the Collateral. lIS detennined 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 lhe Collateral also will secure any advances or payments
so made or expenses so ilcurred by the Bank,
I], NOT1CES. All notices, demands, requests, consents, approvals and other communications required or permitted hereunder
("Notices") must be in writing and will be ctTective upon receipt Notices may be given in any manner to which the parties may separately
agree, including electronic mail. Without limiting the foregomg, first-dass mail, facsimile transmission and commercial courier service are
hereby agreed to as ~ceptable methods for givng ~otices, Regardless of the mamer in which provided, Notices may be sent to a parry's address
as set fonh on the first page of lhis Agreement or to such other address as any party may give to the other for such purpose in accordance with
this section.
M'-Jogal\SDC\BUSBAI'\'K\CHOICE\Ju'l'E 2001\Llnc of Credit Agrc<:menl-PA-07-JO-O I.doc
- 9 -
ACT 105 OF 2000 NOTICE
A JUDGMENT HAS BEEN ENTERED AGAINST YOU BY CONFESSION OF JUDGMENT.
PURSUANT TO 42 PA. C.S.A. 92737.1, IF YOU WERE INCORRECTLY IDENTIFIED AS A
DEFENDANT IN THE COMPLAINT IN CONFESSION OF JUDGMENT, YOU MAY BE
ENTITLED TO COSTS AND REASONABLE ATTORNEY FEES AS DETERMINED BY THE
COURT.
YOU MAY TAKE ACTION TO STRIKE THE JUDGMENT BY FOLLOWING THE PROCEDURE
IN RULE 2959 WHICH IS AS FOLLOWS:
PENNSYLVANIA RULE OF CIVIL PROCEDURE 2959 - STRIKING OFF JUDGMENT.
(a) (1) Relief From a judgment by confession shall be sought by petition. Except as provided
in subparagraph (2), all grounds for relief whether to strike off the judgment or to open it must be
asserted in a single petition. The petition may be filed in the county in which the judgment was
originally entered, in any county to which the judgment has been transferred or in any other
county in which the sheriff has received a writ of execution directed to the sheriff to enforce the
judgment.
(2) The ground that the waiver of the due process rights of notice and hearing was not
voluntary, intelligent and knowing shall be raised only
(i) in support of a further request for a stay of execution where the court has
stayed execution despite the timely filing of a petition for relief from the judgment and the
presentation of prima facie evidence of a defense; and
(ii) as provided by Pennsylvania Rule of Civil Procedure 2958.3 or Rule 2973,3,
(3) If written notice is served upon the petitioner pursuant to Rule 2956,1(c)(2) or Rule
2973.1 (c), the petition shall be filed within thirty days after such service, Unless the defendant
can demonstrate that there were compelling reasons for the delay, a petition not timely filed
shall be denied.
(b) If the petition states prima facie grounds for relief the court shall issue a rule to show cause
and may grant a stay of proceedings. After being served with a copy of the petition the plaintiff
shall file an answer on or before the return day of the rule. The return day of the rule shall be
fixed by the court by local rule or special order.
(c) A party waives all defenses and objections which are not included in the petition or answer,
(d) The petition and the rule to show cause and the answer shall be served as provided in Rule
440 (see text of Rule 440 reprinted below).
(e) The court shall dispose of the rule on petition and answer, and on any testimony,
depositions, admissions and other evidence. The court for cause shown may stay proceedings
on the petition insofar as it seeks to open the judgment pending disposition of the application to
strike off the judgment. If evidence is produced which a jury trial would require the issues to be
submitted to the jury the court shall open the judgment.
(f) The lien of the judgment or of any levy or attachment shall be preserved while the
proceedings to strike off or open the judgment is pending.
Rule 440. Service of Legal Papers other than Original Process
(a) (1) Copies of all legal papers other than original process filed in an action or served
upon any party to an action shall be served upon every other party to the action, Service shall
be made
(i) by handing or mailing a copy to or leaving a copy for each party at the
address of the party's attorney of record endorsed on an appearance or prior pleading of the
party, or at such other address as a party may agree, or
Note: Such other address as a party may agree might include a mailbox in the
Prothonotary's office or an e-mail address. For electronic service by means other than
facsimile transmission, see Rule 205.4(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 aI/legal papers other than original
process and includes, but is not limited to, all other pleadings as wel/ 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. OS- - J.{7J~
CIU'tl~~
CIVIL DIVISION
vs.
JACQUELINE PUTT d/b/a
PUTT HOME REMODELING,
Defendant.
TO: Jacqueline Putt d/b/a
Putt Home Remodeling
603 Mountain Street
Summerdale, PA 17093
NOTICE OF ENTRY OF JUDGMENT
Please take notice that on ~ '1 , 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 $56,207.21, plus costs.
VERI FICA TION
The undersigned, Oarnella 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:
q tJ-1 O~
By:
Da ella Ganaway
Attorney Relations Manager
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
PNC BANK, NATIONAL ASSOCIATION,
CIVIL DIVISION
Plaintiff,
NO.
vs,
JACQUELINE PUTT d/b/a
PUTT HOME REMODELING,
Defendant.
AFFIDAVIT OF NON-MILITARY SERVICE
Filed on behalf of Plaintiff,
PNC Bank, National Association
Counsel of Record for This
Party:
Donna M, Danaher, 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,
CIVIL DIVISION
Defendant.
)
)
)
)
)
)
)
)
)
)
NO.
Plaintiff,
vs,
JACQUELINE PUTT d/b/a
PUTT HOME REMODELING,
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, Jacqueline Putt d/b/a Putt Home
Sworn and SUb,kjed
b.e:t?~.ethi _day
d~ -'~
Notary Public "'lviMONWEALrH OF PENNSYLVP,i\Jlh
Notarial Sea!
Constance R. Bruener, Notary Public
" ,Qty Of Pil!Sburgh, Allegheny County
My commiSSion ex Ire~yCommlsslOn Expires Feb, 4. 2008
Member, Pennsylv;;ni8t\~'."';C:;~.~r Of Notarip^
BANKJIN:255438-1000011-124518
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
PNC BANK, NATIONAL ASSOCIATION,
CIVIL DIVISION
Plaintiff,
NO.
vs,
JACQUELINE PUTT d/b/a
PUTT HOME REMODELING,
AFFIDAVIT OF CONJUGAL INCOME
Defendant.
Filed on behalf of Plaintiff,
PNC Bank, National Association
Counsel of Record for This
Party:
Donna M, Danaher, Esquire
Pa,I.D,#53165
TUCKERARENSBERG, 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,
CIVIL DIVISION
vs,
JACQUELINE PUTT d/b/a
PUTT HOME REMODELING,
Defendant.
AFFIDAVIT OF CONJUGAL INCOME
COMMONWEALTH OF PENNSYLVANIA
SS,
COUNTY OF ALLEGHENY
I, Darnella Ganaway, being duly sworn according to law, hereby depose and say that
the Defendant, Jacqueline Putt d/b/a Putt Home Remodeling, has a conjugal income over
Sworn to and supscribed
bef~ mti~ day
of ~ ' 2005,
~-L<W tf~
~-.Ji ENNSYLVANIA
Notarial Seal
Constance R. Bruener, Notary Public
City Of Pittsburgh, Allegheny County
My Commission Expires Feb. 4, 2008
Member. Pennsylvania A,~eoci"ilc,,~ Of NQlarlno
BANK_FIN:255439-1 000011-124518
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SHERIFF'S RETURN - REGULAR
CASE NO: 2005-04714 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
PNC BANK NATIONAL ASSOCIATION
VS
PUTT JACQUELINE D/B/A PUTT HOM
JSAON VIORAL
, Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvania, who being duly sworn according to law,
says, the within NOTICE was served upon
PUTT JACQUELINE D/B/A PUTT HOME REMODELING the
DEFENDANT
, at 2019:00 HOURS, on the 25th day of October ,2005
at 603 MOUNTAIN STREET
SUMMERDALE, PA 17093
by handing to
JACQUELINE PUTT
a true and attested copy of NOTICE
together with
and at the same time directing Her attention to the contents thereof,
Sheriff's Costs:
Docketing
Service
Affidavit
Surcharge
18,00
14,40
,00
10,00
,00
42,40
So Answers:
r:;;}'-:::"":: 'i/~U:
R, Thomas Kline
10/26/2005
TUCKER ARENSBERG
Sworn and Subscribed to before
By:
(/~
D~?,:t~
{/
/2{?
Sheriff
me this j-u.A-
day of
Il,~ chm \'
A,D,
Prothonotary
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
PNC BANK, NATIONAL ASSOCIATION,
CIVIL DIVISION
Plaintiff,
NO, 2005-04714
vs,
JACQUELINE PUTT d/b/a
PUTT HOME REMODELING,
Defendant
CERTIFICATE OF SERVICE UNDER
RULE 2958.1
Filed on behalf of Plaintiff,
PNC Bank, National Association
Counsel of Record for This
Party:
Donna M, Donaher, Esquire
Pa,I.D,#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. )
)
JACQUELINE PUTT d/b/a )
PUTT HOME REMODELING, )
)
Defendant )
CIVIL DIVISION
NO, 2005-04714
CERTIFICATE OF SERVICE UNDER RULE 2958.1
The undersigned hereby certifies that she did serve a Notice Under Rule 2958,1
of Judgment and Execution thereon, upon the Defendant, on October 25, 2005, by the Sheriff
of Cumberland County, at the following address:
603 Mountain Street
Summerdale, PA 17093
A true and correct copy of the Notice Under 2958,1 and the Cumberland County
Sheriff's Return are attached hereto,
TUCKER ARENSBERG, P,C,
BYU~^~:-~
Donna M, Donaher, Esquire
Pa, LD,#53165
1500 One PPG Place
Pittsburgh, PA 15222
(412) 566-1212
BANKJIN:260608,1000011,124518
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
PNC BANK, NATIONAL ASSOCIATION, )
)
Plaintiff, )
)
vs, )
)
JACQUELINE PUTT d/b/a )
PUTT HOME REMODELING, )
)
Defendant )
CIVIL DIVISION
NO, 05-4714
Notice Under Rule 2958,1
of Judgment and Execution Thereon
Notice of Defendant's Rights
To: Jacqueline Putt
d/b/a Putt Home Remodeling
603 Mountain Street
Summerdale, PA 17093
A judgment in the amount of $56,207,21 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:
Cumberland County Bar Association
32 S, Bedford Street
Carlisle, PA 17013
(717) 249-3166
1-800-990-9108
Donna M, Donaher, Esquire
Tucker Arensberg. P,C,
1500 One PPG Place
Pittsburgh, PA 15222
(412) 566-1212
Attorney for Plaintiff
BANKJIN;257275-1000011-124518
, .
SHERIFF'S RETURN - REGULAR
CASE NO: 2005-04714 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
PNC BANK NATIONAL ASSOCIATION
VS
PUTT JACQUELINE D/B/A PUTT HOM
JSAON VIORAL
Sheriff or Deputy Sheriff of
Cumberland County, Pennsylvania, who being duly sworn according to law,
says, the within NOTICE was served upon
PUTT JACQUELINE D/B/A PUTT HOME REMODELING the
DEFENDANT
, at 2019:00 HOURS, on the 25th day of October
2005
at 603 MOUNTAIN STREET
SUMMERDALE, PA 17093
by handing to
JACQUELINE PUTT
a true and attested copy of' NOTICE
together with
and at the same time directing Her attention to the contents thereof,
Sheriff's Costs:
Docketing
Service
Aff idavi t
Surcharge
18,00
14,40
,00
10,00
,00
42,40
So Answers:
"'~/? ~;7' ~
f' "'~~.1;7'?Z~:iZ':;;C /'~.~~
R, Thomas Kline
10/26/2005
TUCKER ARENSBERG
Sworn and Subscribed to before
By:
c~
.>
DepMty
/ '
I //
L/
/~
Sheriff
me this
day of
A,D,
Prothonotary
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
PNC BANK, NATIONAL ASSOCIATION, )
)
Plaintiff, )
)
vs, )
)
JACQUELINE PUTT d/b/a )
PUTT HOME REMODELING, )
)
Defendant )
CIVIL DIVISION
NO, 2005-04714
MOTION TO COMPEL
AND NOW, comes PNC Bank, National Association (hereinafter "PNC Bank") by and
through its counsel, Tucker Arensberg, P,C" and files this Motion to Compel, stating as follows:
1, On September 9, 2005, PNC Bank obtained a judgment against the Defendants
in the above-referenced case in the amount of $56,207,21 pursuant to a Complaint in
Confession of Judgment.
2. On September 21, 2005, the undersigned served a set of Interrogatories and
Request for Production of Documents upon the Defendant, Jacqueline Putt d/b/a Putt Home
Remodeling, by first class mail, postage prepaid,
3, More than thirty (30) days have passed since the service of the discovery
request and no response has been served upon the undersigned counsel for PNC Bank by the
Defendant
- 2 -
WHEREFORE, PNC Bank, National Association respectfully requests this Honorable
Court to enter an Order requiring the Defendant to submit detailed and complete responses to
PNC Bank's First Set of Interrogatories and Request for Production of Documents within twenty
(20) days,
Respectfully submitted,
Tucker Arensberg, P,C,
(~~
Donna M, Donaher, Esquire
1500 One PPG Place
Pittsburgh, Pa, 15222
(412) 566-1212
Attorneys for PNC Bank, National
Association
BANK_FIN:261001-1000011-124518
- 3 -
CERTIFICATE OF SERVICE
The undersigned hereby certifies that on this ~day of fo..)o\.:>Lw"h.. "-, 2005,
a true and correct copy of the within Motion to Compel was served on all parties to this matter
via postage prepaid, first class mail as follows:
Jacqueline Putt
d/b/a Putt Home Remodeling
603 Mountain Street
Summerdale, PA 17093
~^~c^- (=)VA-~
Donna M. Donaher
BANK_FIN;261001-1000011-124518
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENN.~IA~t)
PNC BANK, NATIONAL ASSOCIATION, )
)
Plaintiff, )
)
vs, )
)
JACQUELINE PUTT d/b/a )
PUTT HOME REMODELING, )
)
Defendant )
CIVIL DIVISION
NO, 2005-04714
ORDER OF COURT
AND NOW, to wit, this 11" day of
N~
, 2005, it is hereby Ordered
that Plaintiff's Motion to Compel is granted. The Defendant, Jacqueline Putt d/b/a Putt Home
Remodeling, is directed to provide complete and detailed responses to PNC Bank's First Set of
Interrogatories. and Request for Production of Documents in Aid of Execution within twenty (20)
Scf'v't..,...
days of the elate of this Order,
By the Court:
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
PNC BANK, NATIONAL ASSOCIATION,
CIVIL DIVISION
Plaintiff,
NO, 2005-04714
vs,
JACQUELINE PUTT d/b/a
PUTT HOME REMODELING,
Defendant
MOTION TO COMPEL
Filed on behalf of Plaintiff,
PNC Bank, National Association
Counsel of Record for This
Party:
Donna M, Danaher, 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,
CIVIL DIVISION
Plaintiff,
NO, 05-4714
vs,
JACQUELINE PUTT d/b/a
PUTT HOME REMODELING,
CERTIFICATE OF SERVICE
Defendant
Filed on behalf of Plaintiff,
PNC Bank, National Association
Counsel of Record for This
Party:
Donna M, Donaher, Esquire
Pa, LD.#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, )
)
JACQUELINE PUTT d/b/a )
PUTT HOME REMODELING, )
)
Defendant )
CIVIL DIVISION
NO, 05-4714
CERTIFICATE OF SERVICE
The undersigned hereby certifies that on December 9, 2005, she did serve a true and
correct copy of the Motion to Compel and this Court's Order dated November 21, 2005 upon
Defendant, via first class mail, postage prepaid at the following address::
Jacqueline Putt
d/b/a Putt Home Remodeling
603 Mountain Street
Summerdale, PA 17093
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Donna M. Donaher
BANK_FIN:263219-1000011-124518
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