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HomeMy WebLinkAbout02-2059PNC BANK, NATIONAL ASSOCIATION Plaintiff TOMMY L. BLOSER AND STEVEN L. BLOSER T/D/B/A BLOSER BROTHERS A GENERAL PARTNERSHIP, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW CONFESSION OF JUDGMENT Pursuant to the authority contained in the warrant of attorney, the original or a copy of which is attached to the complaint filed in this action, I appear for the Defendants and confess judgment in favor of the Plaintiff and against Defendants as follows: Principal $ 26,000.00 Other authorized items: Interest to April 16, 2002 $ 675.82 Late Charges Mortgage Satisfaction Fee $ 118.69 $ 14.00 Attomey's Commission $ 2,667.58 TOTAL $29,476.09 plus additional interest, and costs from the date of the Complaint. Respectfully submitted, SAIDIS, SHUF~/, FL~OWER..n& LINDS~YF'3 BY: 7)r eMm'e~m.bb °~n'# 5~0q~d2r e 2109 Market Street Camp Hill, PA 17011 (717) 737-3405 Attomey For Defendants $26K Note PNC BANK, NATIONAL ASSOCIATION Plaintiff TOMMY L. BLOSER AND STEVEN L. BLOSER T/D/B/A BLOSER BROTHERS A GENERAL PARTNERSHIP, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. CIVIL ACTION - LAW NOTICE TO: Tommy L. Bloser and Steven L. Bloser t/d/b/a Bloser Brothers, a general partnership Pursuant to Rule 236 of the Supreme Court of Pennsylvania, you are hereby notified that a JUDGMENT BY CONFESSION has been entered against you in the above proceeding and that enclosed herewith is a copy of all the documents filed in support of the said judgment. IF YOU HAVE ANY QUESTIONS CONCERNING THIS NOTICE, PLEASE CALL: KARL M. LEDEBOHM, ESQUIRE TELEPHONE NUMBER: (717) 761-1881 Prothonot~ay ~J i~ $26K Note PNC BANK, NATIONAL ASSOCIATION Plaintiff Vo TOMMY L. BLOSER AND STEVEN L. BLOSER T/D/B/A BLOSER BROTHERS A GENERAL PARTNERSHIP, Defendants : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. . : : CIVIL ACTION - LAW ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please enter the appearance of the undersigned on behalf of PNC Bank, National Association, Plaintiff in the above captioned matter. Date: Respectfully submitted, SAIDIS, SHUFF. FLOWER & LINDSAY By. /I(~x~ M. Ledebohm, Esquir~ / Supreme Court ID #59012 2109 Market Street Camp Hill, PA 17011 (717) 737-3405 Attorney for Plaintiif $26K Note PNC BANK, NATIONAL ASSOCIATION Plaintiff TOMMY L. BLOSER AND STEVEN L. BLOSER T/D/B/A BLOSER BROTHERS A GENERAL PARTNERSHIP, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. CIVIL ACTION - LAW COMPLAINT FOR CONFESSION OF JUDGMENT UNDER RULE 2951 The name and address of the Plaintiff is PNC Bank, National Association, 4242 Carlisle Pike, Camp Hill, Pennsylvania 17011. 2. The names and last known addresses of the Defendants are Tommy L. Bloser and Steven L. Bloser t/d/b/a Bloser Brothers, a general Partnership ("Defendants"), 150 Bamstable Road, Carlisle, Pennsylvania 17013. 3. Defendants executed and delivered to Plaintiff a Promissory Note in the original principal amount of Twenty Six Thousand and 00/100 Dollars ($26,000.00) ("Note"), a tree and correct photostatic reproduction of the original of which is attached hereto as Exhibit "A" and made a part hereof. 4. Defendants executed and delivered to Plaintiff a Change in Terms Agreement dated August 31, 2001 (the "Change in Terms Agreement"), in connection with the Note. A copy of the Change in Terms Agreement is attached hereto as Exhibit "B" and made a part hereof. 5. Defendants are in default of Defendants' obligations to make payment to Plaintiff as required in the Note and the Change in Terms Agreement, and Plaintiff has demanded payment in $26K Note full of all outstanding amounts as provided in the Note. A copy of Plaintiffs demand is attached hereto as Exhibit "C" and made a part hereof. 6. Defendants executed and delivered to Plaintiff a Disclosure for Confession of Judgment ("Disclosure for Confession"), a true and correct photostatic reproduction of the original of which is attached hereto as Exhibit "D" and made a part hereof. 7. Judgment is not being entered by confession against a natural person in connection with a consumer credit transaction. 8. There has not been any assignment of the Note or the Change in Terms Agreement. 9. Judgment has not been entered on the Note or the Change in Teims Agreement in any jurisdiction. 10. The amount due to Plaintiff as a result of Defendants' default is as follows: a. Principal $26,000.00 b. Interest to April 16, 2002 $ 675.82 c. Late Charges $ 118.69 d. Mortgage Satisfaction Fees $ 14.00 e. Attorney's Commission $ 2,667.58 TOTAL $29,476.09 11. Interest continues to accrue at the default rate provided in the Note. WltEREFORE, Plaintiff, PNC Bank, National Association demands judgment against Defendants, Tommy L. Bloser and Steven L. Bloser t/d/b/a Bloser Brothers, a general partnership, as authorized by the warrant of attorney contained in the Note for Twenty-Nine Thousand Four Hundred Seventy-Six and 09/100 Dollars ($29,476.09), plus interest f~om and including the date of $26K Note this Complaint and judgment entered hereon at the default rate provided in the Note and costs of suit. Date: Respectfully submitted, SAIDIS' S .~U/~OWER &~ By: upl~M. I_Jdebohr~, Esquire reme Court ID #59012 : 2109 Market Street Camp Hill, PA 17011 (717) 737-3405 Attorney for Plaintiff $26K Note PROMISSORY NOTE .... ....... ............. ........... ..... ........ ............... ...... ........... ...- .... R~ In t~s~ ~ ~ f~ ~s u~ on~ and do not IImR ~e ~pll~ll~ ~ ~ d~umeni ~o any p~uisr i~n ~ it;. Borrower: SLOSS. BROTHERS (TIN: 251758013) Lender: 150BARNSTABi~E ROAD CARLISLE, PA 17013-7425 Principal Amount: $26,000.00 PNC BANK, NATIONAL ASSOCIATION 4242 CARLISLE PIKE CAMP HILL, PA 17001-M74 Initial Rate: 10.000% Date of Note: April 19, 20( PROMISE TO PAY. BLOSER ~S ("Borrower") promlsee to pay to PNC BANK, NATIONAL ASSOCIATION ("Lender"), or oder, In lawf .,)ney ~lha tktl~.$~ ~Amedoa, the ~pdnci .p~.. ~nt.~[ Twenty Six Thousand & 00/100 Dollar~ ($25,000.00), together witll Intorent, the unpaid principal ~ from .~oril 10,2000, until paid In m. PAYMENT. BmTower~wi!l. pay ",to loan In one pdfldpol payment Of t26,ooo.oo plus Inte~ on denoary 31, 2001. This payment due Janus 31, 2001, wi be for ail p~ttofpst.aild a~:fued Intofest not yet paid. In ~a~difion, ~,will pay regular .?o~h...ly .p. ayroanto of 811 acoru( d..mof be. o. ,g wi., I tore .L,,V?, to 0. toe ? d.y each eon., alter that. ';he-annueJinterest rate,for this Note is compu~o on a 3~5/360 overs year of 360 days, mul~pbKI by the outstanding I:~nclpai balance, muliiplisd by the actual number of days the prinoil~ belanoa is outstandin Bon'ower ~ pay Lender at Lender's address shown above or at such other place as lender may designate in w~ng. Unless oth~ agreed required by applicable law, payments will be applied first to accrued unpaid Ir,~,-~,~L than to principal, and any remaining amount to any unpa collection costs and leto VARIABLE IN, r..EST RATE. The interest rate on this Nots is subject to change from time to time based on changes in an index whiCh Is the Lend~ pmime rats (the 'Index"). The index Is a rate per annum as pubpoiy announced by Lender f~om time tp §me ~.eit~m Pdtn~ rate. The palme rate Is not tk t~any~xternalrate~orindax~and~tci~esnntnecass~rityre~eofthe~weetrete~fint~metaofuai~ycharpadby nder oanypartlcuisrcisSSorcategc of customers. Lender will tell Borrower the current Index rate upon Berrowed$ requasL Bon'owor unde, s~nda that Lender may make loans based other rates as well. The intmast ram change wtti not o(~q~r mom often than each day. The Index currently Em 9.000% per mourn. The Intore~t re to be applied to tim unpokJ prtoetpal baienge of thio Note will be at · rate of 1.000 pergeofage pofnt over t~e I~MIr, renultlng In erl InltlM ride lo.oo0% per annum. NOT1CE: Under no c)rcumstsncas will the intemet rate on this Note be mom tfmn the maximum rate allowed by epplk,~able law. PREPAYMENT. Borrower may pay without penally ail or a portion of the amount owed eadler than it Is due. Early poymants wilt not, unlaes agreed by Lender In writing, relieve BmTower of Borroweds obligation to continue to make payments under the payment schedule. Rather, they will recluue Ii LATE CHARGE. Ifo payment ts 16 or $100,00, whichever teJoa~. DEFAULT. Borrower will be In deteult if any of the fu~ag happens: (a) Borr-~er fails to make any payment when due. (b) Bon'ower breaks a~ promise Bon'ower has made to Lender, or Bon'ower falls to comply with or to po~ when due any ofher term, obligation, covenant, or conditlc contained in this Note or any agreement related to this Note, er in any other agreement or loan Borrower has with Lender. (c) Bo(Tower defaults und any loan, extsnsion of credit, may malertslly altsct any of Bon'oweda properly or Bon~weCs ability to repay this Note or pertorm Bon'ower'e obligations under this Note or any of ti Retetsd Documents. (d) Any re~___ntation or statement made or furnished to Lender by Bon-ower or on B~Tower's behalf is laise or misleading in matsdal respect either now or at the time made or furnished. (e) Any padnar dies or any of the padnora or Berrower becomes insolvent, a receiver appointed for any part of Borrc~s properly, B~Tower makes an assignment for the benefit of creditors, or any prc~ng is commenced either I Borrower or against Borrower under arty bankruptcy or Insolvency laws. (f} Any creditsr frlos to take any of Borrower% property on or In which lend has a lien or security interest. This Indiedos a garnishment of any of Bon'ower's accounts with Lender. (g) Any of the events described in this defa~ esoiion occurs with respect to any general partner of Borrower or any guarantor of Ii~ Note. (h) A material adverse change occurs in Borrowe~ flnenoiai condition, or Lender believes the prospect of payment or I~nce of the Indebtedness is impaired. LENDER'S RIGHTS. Upon default, Lender may, after giving such notices as required by applicable law, declare the entire unpaid principal balance this Note and all accrued unpaid Interest Immediately due, and then Borrower ~ pay that amounL Upon default, including tsituro to pay upon fir mafu~ity, Lender, at its option, may also, if parmiifed under applicable law, increase the variable interest rate on this Note to 6.0~0 percentage poir over the Index. The intsraet rate will not exceed the rnsximum rats permitted by abpltcabla law. Lender may hire or pay someone oiso to help cdilE this Note if Borrower does not pay. Borrower also will pay Lender that amount. This includes, subject to any limits under applicable law, Lencte attorneys' fees and Lender's legal expenses whether or not there is a lawsuit, including attorneys' fees and legal expenses for bankruptcy prooaeclln~ (including effods to modify or vacate any automatic slay or injunction), appeals, and prohibited by applicable law, Borrower also will pay any court costs, in addition to all other sums provided by law. If judgment is entered in connactii with this Note, Interest will continue to accrue on thIs Note after judgment at the interest rate applicable to IbIs Note at the time judgment is entere Thle Note has been detlvered to Lender ~ accepled by Lender In the Commonwanlth of Pennsylvania. If there le · law*uti, Borrower agr~ upon Lender's request to submit to the Jurisdiction of the courts of CUMBERLAND County, Ihe Commonwon#h of PennwIvanle. Lender Borrower hereby waive the right to any Ju.'y ldet In any act]on, proueedlng, or counterclaim brought by either Lender or Borrower against other. This Note abail be governed by and conskuecl In accordance with Ihs lewe of the Commonwealth of PennwIvanla. RIGHT OF SETOFF. Borrower grants to Lender a contractual security interest in, and hereby assigns, conveys, delivers, pledges, and transfers Lender all Borrower's ~ight, title and interest in and lo, Borrower's accounts with Lender (whether checking, savings, or some other account}, Inoiudlf without limitation alt accounts held Jointly with someone else and all accounts Borrower may open in the futura, excluding however ell IRA and Keo~ accounts, and all trust accounts for which the grant of a security interest would be prohibited by law. Borrower authorizes Lender, to the extE pe. nittecl by applicable law, to charge er setoff all sums owing on this Note against any end all such accounts. COLLATERAL. This Note is secured by a Modgage dated April 19, 2000, to Lender on real properly located in CUME~ERLAND Coun Commonwealth of Pennsylvania, all tho terms and conditions of which are hereby incorporated and made a part of this Note. YEAR 2000 COMPt. IANCE. Borrower has reviewed the areas within its business and operations which could be adve~ely affected by, and h deveicpad or is developing a program to address on a llmety basis the dsk that cedain computer applications used by Borrower may be unable recognize and perform propedy date-sensitive functions involving dates pdor to and otter December 31, 1999 (the "Year 2000 Problem"). The Y; 2000 Problem will not result, and is not reasonably expected to result, In any metedal adverse effect on the business, properlles, assets, flnan¢ condition, results of operations or prospects of Borrower, or the ability of Borrower to duly and punctually pay or perform its obligations hereunder uncisr theReleted Dncumants. fX/9 Ia// t~A '/ 04-19.200o PROMISSORY NOTE Page Loan No (Continued) GENERAL PROVISIONS. Lender may delay or foego enforcing any of Its fights or remedies under this Note without losing them. Borrower and an' ~ther person who signs, guarantees or endorses this Nots, to the extent allowed by law, waive presentment, demand for payment, profast and noline c dishonor. Upon ,=ny change in the terms of this Note, and unless othemtise expressly slated In writing, no parly who signs this Note, whether as make~ guarantor, accommodation maker or endorser, shell be released from liability. All such padlas agree thet Lender may renew or extend (repeatedly an( for any length of time) this loan, or release any party, partner, or guarantor or collateral; or impair, fail to realize upon or perfect Lender's security inleres in Ihe collateral; and take any other astion deemed nasassEry by Lender without the consent of or notice to anyone. NI such parties also agree fha Lender may modify this loan without the consent of or notice to anyone other then the party with whom the modification ts made. If any potion of thll Nots is for any reason determined to be unenforceable, it will not affect the enforceability of any other provisions of this Note. CONFESSION OF JUDGMENT. BORROWER HEREBY IRREVOCABLY AUTHORIZES AND EMPOWERS ANY ATTORNEY OR THE PROTHONOTAR~ OR CLERK OF ANY COURT IN THE COMMONWEALTH OF PENNSYLVANIA, OR ELSEWHERE, TO APPEAR AT ANY TIME FOR BORROWER At- I bt: A DEFAULT UNDER THIS NOTE, AND WITH OR WITHOUT COMPLAINT FILED, AS OF ANY TERM, CONFESS OR ENTER JUDGMENT AGAINS'] BORROWER FOR THE ENTIRE PRINCIPAL BN..ANCE OF THIS NOTE, ALL ACCRUED INTEREST. LATE CHARGES, AND ANY AND ALL AMOUNT~c EXPENDED OR ADVANCED BY LENDER RELATING TO ANY COLLATERAL SECURING THIS NOTE TOGETHER WITH INTEREST ON SUCI- AMOUNTS, TOGETHER WITH COSTS OF SUIT, AND AN ATTORNEY'S COMMISSION OF TEN PERCENT (10%) OF THE UNPAID PRINCIPAL BALANCE AND ACCRUED INTEREST FOR C011 ;C'FION, BUT IN ANY EVENT NOT LESS THAN FIVE HUNDRED DOLLARS ($500) ON WHICl- JUDGMENT OR JUDGMENTS ONE OR MORE ]ED~CUTIONS MAY ISSUE IMMEDIATELY; AND FOR SO DOING, THIS NOTE OR A COPY OF THI..c NOTE VERIFIED BY AFFIDAVIT SHALL BE SUFFICIENT WARRANT. THE AUTHORITY GRANTED IN THIS NOTE TO CONFESS JUDGMENT AGAINST BORROWER ~ NOT BE EXHAUS ~-O BY ANY EXERCISE OF THAT AUTHORFFY, BUT SHALL CONT]NUE FROM TIME TO TIME AND AT ALL TIMES UNTIL PAYMENT IN FULL OF ALL AMOUNTS DUE UNDER THIS NOTE. BORROWER HEREBY WAJVES ANY RIGHT BORROWER MAY HAVE TO NOTICE OR TO A HEARING IN CONNECTION WITH ANY SUCH CONFESSION OF JUDGMENT, EXCEFT ANY NOTICE AND/OR HEARING REQUIRED UNDER APPLICABLE LAW WITH RESPEOT TO EXECUTION OF THE JUOGMENT, AND STATES THAT EITHER A REPRESENTATIVE OF LENDER SPECIFICALLY CN [k-"D THIS CONFESSION OF JUDGMENT PROVISION TO BORROWER'S ATTENTION OR BORROWER HAS BEEN REPRESENTED BY INDEPENDENT LEGAL COUNSEl_ PRIOR TO SIGNING THIS NOTE, BORROWER READ AND UNDERSTOOD AU. THE PROVISIONS OF THIS NOTE, INCLUDING THE VARIABLE INTEREST RATE PROVISIONS. RORROW];R AGREES TO THE TERMS OF THE NOTE AND ACKNOW~ k'nGF.~ RECEIPT OF A COMPLETED COPY OF THE ROTE. THIS ROTE HAS BEEN SIGNED AND SF._A[k-n BY THE UNDERSIGNED. BORROWER: ~~~*~} · ~ .. ,. .~.×.:.:. . STEVEN L. BLOSER, General Partner TOMMY I.. BLOSER, General Partner Virlable Rite. S#lgle Pay. LASER PRO, Reg. U.S. I~t. & T.M. Off., Vel'. 3.20 (C) Co,centrex 2000 All rlghte relerVe~. [PA-D20 BLOSER3.LN C32.OVLI ~--'-.'-.'.~.:.:'.'~ ~ ..... - --.--'~'.'.-' ' ~i ' '.-:.:"-,~ ........ {, .¢.,,. -×~ ...................... :-.'-:*:.: .~.': ' *.:.:,, ............ ~,.~:.'.':::..'.'.':;~4¢~ ~.".~.~':::~ , :..'.:~.,,,,,'.:.:~ :-:., ' .' , .:..' ¢.:. .................... ~'.".-~i~! .... :.: ..... ~.= ~. ~.,.-'.-':.':.~ ..... ~:.... ¢¢.~ · ~¢~ . ~ ~.:..-.:. - - . :.-:...:::: ~ . ~4i ....=.-:.:.~,~s..'....':!..t~ ....... .--.~-.'-.:-:..-.. :~-.--.-..'-.'.:-.--.-.;~, · .' ~,...',.-..':~.-..'.-..' .'.-::::: , ¢.-: ...':.':.'.-:.-.' :::::::::::::::::::::::::::::::::::: References in the sha~,~a area are for Lender's usa only and do not limit the applicab!ll~ of this document lo any padlcUlar loan or item. Bo~ower: BLOSERBROTHERS (TIN: 2.;1758013) 155 BARNSTABLE ROAD CARLISLE, PA 17013-7420 Principal Amount: $26,000.00 Lender: PNC BANK, NATIONAL ASSOCIATION 4242 CARLISLE PIKE CAMP HILL, PA 17001-8874 Date of Agreement: DESCRIPTION OF EXISTING INDEBi,-,,HESS. A $26,000.00 Promissory Note dated April 19, 2000 between Borrower and Lender as heratofc modified from time to time. DESCRIPTION OF CHANGE IN TERMS. The maturily date of the Note is hereby extended from January 31, 2001 to December: :~1, 2001. T repayment schedule will be modified as defined below:. PROMISE TO PAY. BLOSER BROTHERS ("Borrower") promi-~e-$ to pay to PNC BANK, NATIONAL ASSOCIATION ("Lender"), or order, In lawl money of lite United Slates of America, the pdnclpot emount of Twenty Six Thousand & 00/100 Dollars ($20,550.00), together with Interest the unpaid principal balance from June 30, 2001, until paid In full. PAYMENT. Borrower will pay this loan In one principal payment of $20,000.00 plus Interest on December 31, 2001. This payment d~ December 31, 2001, will be for all principal and accrued Interest not yet paid. In edditlon, Borrower will pay regular monthly payments of accrued unpaid Interest due as of each payment date, beginning Juty 31, 2001, with all subsequent Interest payments to be due on the Is day of each month after that. The annual interest rate for thts Agreement is computed on a 365/360 basis; that is, by applying the ratio of the ann~ interest rate over a year of 360 days, multiplied by the outstanding principal balance, multiplied by the actual number of days the principal balance outstanding. Borrower will pay Lender et Lender's address shown above or at such other place as Lender may designate In writing. Unless otherwi agreed or required by applicable law, payments will be applied first to accrued unpaid interost, than te principal, and any remaining amount to a unpaid collection costs and late charges. VARIABLE INTEREST RATE. The Interest rate on this Agreement is subjecl to change from time to time based on changes in an index which is ti Lender's prime rate (the "IndeX"). The index Is a rate per annum as publicly announced by Lender from time to time as its prime rate. The prime rate not tied to any external rate or index and it does not n~__~_dly reflect the lowest rate of Interest actually charged by Lender to any particular class calegmy of customers. Lender will tell Borrower the currant Index rate upon Borrower's request. Borrower undmstends that Lender may make Ica based on other rates as well. The Interest rete change will not occur more often than each day. The Index currently Is 6.750% per annum. Interest rate lobe applied to the unpaid principal balance of thte Agreement will be at a rate of 1.550 percentage point over the Index, re~_qth In an thttlal rate of 7.750% per annum. NOTICE: Under no circumstances will the Interest rate on this Agreement be more than the maximum rs allowed by applicable law. pREPAYMENT. Borrower may pay without penalty all or a porlion of the amount owed earlier Ihan it ts due. F. mty payments will not, unless agreed by Lender in writing, relieve Borrower of Borrower's obligation to continue 1o make payments under the payment schedule. Rather, they will reduce ti principal balance due. LATE CHARGE. If a payment Is 15 daye or more late, Borrower will be charged 5.0OO% of the unpaid portion of the regularly scheduled payme or $100.00, whichever Is less. DEFAULT. Borrower will be in default if any. of the fo!10.wir~g happ.ens:...(a) Borrower falls to make any payment when due. (b) Borrower breaks m contained In this Agreement or any agreement related to this Agreement, or in any other agreement or loan Borrower has with Lender. (c) Borrow defaults under any loan, extension of credit, security agreement, purchase or sales agreement, or any other agreement, in favor of any other creditor person that may materially affect any of Borrower's prapmty or Borrower's ability to repay this Note or perform Borrower's obligations under this Note any of the Related Documents. (d) Any representation or statement made or furnished to Lender by Borrower or on Borrower's behalf is false misleading in any material rospecl either now or at the time made or furnished. (e) Any partner dies or any of the partners or Borrower becom~ insolvent, a receiver is appointed for any pad of Borrower's property, Borrower makes an assignment for the benefit of creditors, or any proceeding commenced either by Borrower or against Borrower under any bankruptcy or insolvency laws. (f) Any creditor tries to take any of Borrower's propel on or in which Lender has a lien or security interest. This Includes a garnishment of any of Borrower's accounts with Lender. (g) Any of the ever described in this default socfion occurs with respect to any general partner of Borrower or any guarantor of this Agreement. (h) A material advert change occurs In Borrower's financial condition, or Lender believes the prospect of payment or performance of the Indebtedness is impaired. LENDER'S RIGHTS. Upon default, Lender may, after giving such notices as required by applicable law, declare the entire unpaid principal balance this Agreement and all accrued unpaid interest Immediately due, and then Borrower will pay that amount. Upon default, including failure to pay up~ final maturity, Lender, at its option, may also, if permitted under applicable law, increase the variable interest rata on this Agreement to percentage points over the Index. The interest rate will not exceed the maximum rate permitted by applicable law. Lender may hire or pay scream else to help collect this Agreement if Borrower does not pay. Borrower also will pay Lender that amount. This includes, subject to any limits und applicable law, Lender's attorneys' fees and Lender's legal expenses whether or not there is a lawsuit, including attorneys' fees and legal expenses bankruptcy proceedings (including efforts to modify or vacate any automatic stay or injunction), appeals, and any anticipated post-judgment ccilecti< services. If not prohibited by applicable law, Borrower also will pay any coud costs, in addition to all other sums provided by law. If judgment entered in connection with this Agreement, interest will continue to accrue on this Agreement after judgment at the interest rate applicable to tt Agreement at the time judgment is entered. Thta Agreement has been delivered to Lender and accepted by Lender in the Commonwealth Pennsylvanle. If there la a lawsuit, Borrower agrees upon Lender's reqnest to submit to the jurtedlctlon of the courts of CUMBERLA~ County, the Commonwealth of Pennsylvania. Lender and Borrower hereby waive the right to any Jury thai In any action, proceeding, counterclaim brought by either Lender or Borrower against the other. This Agreement shall be governed by and construed In accordance wi the laws of the Commonwealth of Penneylvanla. RIGHT OF SETOFF. Borrower grants to Lender a contractual security interest in, and hereby assigns, c°nveys, delivers, pledges, and transfers Lender all Borrower's right, title and interest in and to, Borrower's accounts with Lender (whether checking, savings, or some other account), inciudi~ without limitation ali accounts held jointly with someone else and all accounts Borrower may open in the future, excluding however all IRA and Keo{ accounts, and all trust accounts for which the grant of a security interest would be prohibited by law. Borrower authorizes Lender, to the exte permitted by applicable law, to charge or'setoff all sums owing on this Agreement against any and all such accounts. COLLATERAL. This Agreement is secured by a Mortgage dated April 19, 2000, to Lender on real properly located in CUMBERLAND Coup Commonwealth of Pennsylvania, all the terms and conditions of which are hereby incorporated and made a part of this Agreement. Loan NO 601447662 CHANGE IN TERMS AGREEM 'T Page (Continued) CONTINUING VALIDITY. Except as. expressly changed by this Agreement, the terms of the original obligation or obligations, Including all agreemer evidenced or securing the obligation(s), remain unchanged and in full force and effect. Consent by Lender to this Agreement does not waive Lends right to strict performance of the obligation(s) es changed, nor obligate Lender to make any future change in terms. Nothing in this Agreement v constitute a satisfaction of the obligation(s). It is the intention of Lender to retain as liable parties ail makers and endorsers of the original obllgation(: including accommodation parties, unless a pan'7 is expressly released by Lender in writing. Any maker or endorser, including accommodation make~ will not be released by vidua of this Agreement. If any person who signed the odginai obligation does not sign this Agreement below, then ail perso signing below acknowledge that this Agreement Is given conditionally, based on the representation to Lender that the non-signing party consents to ti changes and provisions of this Agreement or otherwise will not be released by it. This waiver applies not only to any initial extension, modification release, but also to ail such subsequent actions. YEAR 2000 COMPLIANCE. Borrower has reviewed the areas within its business and operations which could be adversaiy affected by, and h~ developed or is developing a program to address on a timely basis the risk that certain computer applications used by Borrower may be unable recognize and perform properly date-sensitive functions Involving dates prior to and after December 31, 1999 (the "Year 2000 Problem"). The Ye 2000 Problem will not result, and IS not reasonably expected to result, in any matertai adverse effect on the business, properties, assets, flnanc condition, results of operations or prospects of Borrower, or the ability of Borrower to duly and punctually pay or perform its obligations.hereunder ar under the Related Documents. MISCELLANEOUS PROVISIONS. Lender may delay or forgo enforcing any of its rights or remedies under this Agreement without losing the~ Borrower and any other person who signs, guarantees or endorses this Agreement, Io the extent allowed by law, waive presentment, demand f payment, protest and notice of dishonor. Upon any change in the terms of this Agreement, and unless otherwise expressly slated in writing, no par who signs this Agreement, whether as maker, guarantor, accommodation maker or endomer, shall be released from liabilily. All such p;u~es agree th Lender may renew or extend (repeatedly and for any length of time) this loan, er release any party, partner, or guarantor or collateral; or impair, fail realize upon or perfect Lender's security Interest in the collateral; and take any other action deemed nece~_~_ry by Lender without the consent of notice to anyone. All such par;les also agree that Lander ,n',ey modify thls lc, an without th~ consent ~f cr notice to anyone other then the party wi whom the modification is made. If any portion of this Agreement is for any reason determined to be unenforceable, it will not affect the enforceability any other previsions of this Agreement. CONFESSION OF JUDGMENT. BORROWER HEREBY IRREVOCABLY AUTHORI:;q=S AND EMPOWERS ANY ATrORNEY OR THE PROTHONOTAF OR CLERK OF ANY COURT IN THE COMMONWEALTH OF PENNSYLVANIA, OR ELSEWHERE, TO APPEAR AT ANY TIME FOR BORROWER Ar i ~- A DEFAULT UNDER THIS AGREEMENT, AND WITH OR WITHOUT COMPLAINT FILED, AS OF ANY TERM, CONFESS OR ENTER JUDGMEh AGAINST BORROWER FOR THE ENTIRE PRINCIPAL BALANCE OF THIS AGREEMENT, ALL ACCRUED INTEREST, LATE CHARGES, AND ANY AN ALL AMOUNTS EXPENDED OR ADVANCED BY LENDER RELATING TO ANY COLLATERAL SECURING THIS NOTE TOGETHER WITH INTEREE ON SUCH AMOUNTS, TOGETHER WITH COSTS OF SUIT, AND AN AI-FORNEY'S COMMISSION OF TEN PERCENT (10%) OF THE UNPAI PRINCIPAL BALANCE AND ACCRUED INTEREST FOR COLLECTION, BUT IN ANY Lm/ENT NOT LESS THAN FIVE HUNDRED DOLLARS ($500) O WHICH JUDGMENT OR JUDGMENTS ONE OR MORE E)(ECUTIONS MAY ISSUE IMMEDIATELY; AND FOR SO DOING, THIS AGREEMENT OR COPY OF THIS AGREEMENT VERIFIED BY AFFIDAVIT SHALL BE SUFFICIENT WARRANT. THE AUTHORITY GRANTED IN THIS AGREEMENT T CONFESS JUDGMENT AGAINST BORROWER SHALL NOT BE EXHAU~I~-u BY ANY E:)0=_RCISE OF THAT AUTHORITY, BUT SHALL CONTINIJ FROM TIME TO TIME AND AT ALL TIMES UNTIL PAYMENT IN FULL OF ALL AMOUNTS DUE UNDER THIS AGREEMENT. BORROWER HEREB WAIVES ANY RIGHT BORROWER MAY HAVE TO NOTICE OR TO A HEARING IN CONNECTION WITH ANY SUCH CONFESSION OF JUDGMEN' EXCEPT ANY NOTICE ANDIOR HEARING REQUIRED UNDER APPLICABLE LAW WITH RESPECT TO ED(ECUTION OF THE JUDGMENT, AN STATES THAT EITHER A REPRESENTATIVE OF LENDER SPECIFICALLY CA/1FD THIS CONFESSION OF JUDGMENT PROVISION T, BORROWER'S A~ I r-NTION OR BORROWER HAS BEEN REPRESENTED BY INDEPENDENT LEGAL COUNSEL. PRIOR TO SIGNING THIS AGREEMENTt BORROWER READ AND UNDERSTOOD ALL THE PROVISIONS OF THIS AGREEMENTt INCLUDIN THE VARIABLE INTEREST RATE PROVISIONS. BORROWER AGREES TO THE Ir=HMS OF THE AGREEMENT AND ACKNOWLEDGE RECEIPT OF A COMPLETED COPY OF THE AGREEMENT. THIS AGREEMENT HAS REEN ,~51GNED AND ~EALED i~y THE UNDERSlbiNV. U. BORROWER: STEVEN L. BLOSER, G~eral P~ner ~'~IraMY I..~OSER~ General Partner Variable Rate. Single Pay. LASER PRO, Reg. U.S. Pat. & T.M. Off., Vet'. 3.29a (C) Concentrex 2001 All rights reserved. [PA-D20 E3.29 BLOSERS.LN C32.OVI PNC CAPITAL RECOVERY CORP. · 4242 Carlisle Pike Camp Hill, PA 17011 E-rnail: eri¢.krirnmel~pncbank.com Eric D. Krimmel Vice President (717) 730-2492 Tel (717) 730-2373 Fax PN CBANK March lg, 2002 Bloser Brothers · 150 Bamstable Road Carlisle, PA 17013 Mr. Steven L. Bloser Mrs. Martina J. Bloser 150 Barnstable Road Carlisle, PA 17013 Mr. Tommy L. Bloser Mrs. Cynthia L. Bloser 210 Barnstable Road Carlisle, PA 17013 In re: Bloser Brothers Obligor/Obligation Nos.: 30934754-601144676 (S40,000 Loan) 30934754-601144802 ($35,000 Loan) 30934754-601447662 ($26,000 Loan) Dear Bloser Brothers: Dear Stevcn and Martina Bloser: Dear Tommy and Cynthia Bloser. As you know, you are obligated to PNC Bank, National Association ("PNC') for the above-referenced loan accounts (the "Loan.~"), as evidenced by a certain Promissory Notes, Commercial Guaranties, and other related loan documents (the "Loan Documents"). As you also know, you arc/n default under the Loans and Loan Documents for your failure to make payments when due to PNC, and payoff the $40,000 and $22,000 loans when they matured on December 31, 2001, which constitute Events of Default under the Loans and Loan Documents. AS a result of the above Events of Default, all liabilities and obligations under tho Loans and Loan Documents have been accelerated and ail ·liabilities and obligations under the Loans and Loan Documents are immediately due and payable to PNC. Additionally, as a result of the defaults PNC exercised its rights of setoff on this date with regards to deposit account number $001061377 and applied the $2,997.84 balance to the $40,000 Loan. In addition, the deposit account was also closed. As of this date the amount due under the Loans and Loan Documents are as follows: A member of The PNC Rnandal Services 6roup 4242 Carlisle Pike Camp Hill Pennsylvania 17011 £-x h, bd- " Bloser Brothers March 18, 2002 · Page 2 Obli~or/Obli~ation Nos.: 30934754-601144676 ($40,000 Loan) Principal $40,000.00 Interest to 03/18/02 693.33 Mortgage satisfaction fee 14.00 Sub-total $40,707.33 Less proceeds from setoff - 2.997.84 Total $37,709.49 nas exercised ~ts right to merense the interest rate on the above Lmm to PNC Bank'~e Obli~or/Oblieadon Nos.: 30934754-601144802 ($35,000 L_~_~) Principal $'22,433.97 Interest to 03/18/02 639.37 Mortgage satisfaction fee 14.00 Total $23,087 _34 plus prepayment fee In addition, pursuant to the ~,,-,-~ of the Loan Documents you are hereby notified that e~-tice this date PNC has exercised its right to increase the interest rate on the above Loan to 10.75%. Obib,or/Oblination Nos.: 30934754-601447662 ($26.000 Principal $26,000.00 Interest to 03/18/02 450.67 Mortgage satisfaction fee 14.00 Total $26,576.92 In addition, pursuant to the terms of the Loan Documents you are hereby notified that effective this date PNC has exercised its right to increase the interest rate on the above Loan to PNC Bank's prime rate plus 6.00%. Please be advised that unless payment in full is immediately delivered to PNC Bank, NatiOnal Association at 4242 Carlisle Pike, Camp Hill, PA 1701 I, in the form of a cashiers check or money order, PNC shall take all action it deems appropriate to collect the above sums due and owing, preserve, protect and enforce its rights under the Lonn~ and Loan Documents. Very truly yours, PNC Capital Recovery Co~ Eric D. Krimroel Vice President Certified Mail Nos.: 7099 3220 0009 6887 2233 7099 3220 0009 6887 2240 7099 3220 0009 6887 2257 CC: Regular Mail DISCLUt .RE FOR CONFESSION Or ,.JDGMENT ~.,-~" i;a~J~ ,~L.~i . '= ,' ~" :~ · · ~.~,. . ,- ,~.:.,, ,~:.~.~: ,~ ~' *:;;-:~ :~= ~.~.:.:~ ~:~ · . ~:~::.~f:~ · · - · ~:~-:.:~.:~ ~"~:~":~' ......... ~:~'~ ................... ::~:~:~:::~ ........................................................................... ~: .............. :::~'~:..~:.:.:.: .............. ~ ....... ~:~ ........ ~T ~:~:~.:~:~:~:~ ....... I R~;~ In t~ s~d~ ~ am for ~nd~s ~ on~ and do not limit the app!~bi!i~ ~ ~ls d~Ume~ to any pa~u!~r'~' Bo~ower: ~O~ ~O~S ~IN: 2517~13) ~nder: PNC B~K, NATI~ ~ClATION 1~ B~N~ ROAD 4~2 ~1~ PIKE ~1~, PA 1~1~74~ CAMP HI~, PA 1~1~74 DISCLOSURE FOR CONFESSION OF JUDGMENT ' AM EXECUTING, THIS'~.O(0'j~ DAY OF/~-- '/~'p£I'l TO ,--'AY ,20(~), A PROMISSORY NOTE FOR $26,000.00 OBLIGATING A. I UNDERSTAND THAT THE NOTE COKFAINS A CONFESSION OF JUDGMENT PROVISION THAT WOULD PERMIT LENDER TO ENTER JUDGMENT AGAINST ME IN COURT, AFTER A DEFAULT ON THE NOTE, WITHOUT ADVANCE NOTICE TO ME AND WITHOUT OFFERING NE AN OPPORTUNITY TO DEFEND AGAINST THE ENTRY OF JUDGMERT. IN EXECUTING THE NOTE, BEING FULLY AWARE OF MY RIGHTS TO ADVANCE NOTICE AND TO A HEARING TO CONTEST THE VALIDITY OF ANY JUDGMENT OR OTHER CLAIMS THAT LENDER ~IAY ASSERT AGAINST ME UNDER THE NOTE, I AM KNOWINGLY, INTB..LIGENTLY, AND VOLUNTARILy WAIVING THESE RIGHTS, INCLUDING ANY RIGHT TO ADVANCE NOTICE OF THE ENTRY OF JUDGMENT, AND I EXPRESSLY AGREE AND CONSENT TO LENDER'S ENTERING J~DGMENT AGAINST ME BY CONFESSION AS PROVIDED FOR IN THE CONFESSION OF JUDGMENT PROVISION. B. I FURTHER UNDERSTAND THAT IN ADDITION TO GWING LENDER THE RIGHT TO ENTER JUDGMENT AGAINST ME WITHOUT ADVANCE NOTICE OR A HEARING, THE CONFESSION OF JUDGMENT PROVISION IN THE NOTE ALSO CONTAINS LANGUAGE THAT WOULD PERMIT LENDER, AFTER ENTRY OF JUDGMENT, TO EXECUTE ON THE JUDGMENT BY FORECLOSING UPON, ATTACHING, LEVYING ON, TAKING FOSSESSION OF OR OTHERWISE SEIZING MY PROPERTY, IN FULL OR PARTIAL PAYMENT OF THE JUDGMENT. HOWEVER, LENDER MUST PROVIDE NOTICE TO ME UNDER APPt. ICABLE LAW IN EXECUTING ANy CONFESSED JUDGMENT. IN EXECUTING THE NOTE, BEING FULLY AWARE OF MY RIGHTS TO ADVANCE NOTICE AND A HEARING Ar, ~ JUOGMENT IS ENTERED AND BEFORE EXECUTION ON THE JUDGMENT, I AM KNOWINGLY, INTELLIGENTLY AND VOLUNTARILy WAIVING TI'F. SE RIGHTS, AND I EXPRESSLY AGREE AND CONSENT TO LENDER'S EXECUTING ON THE JUDGMENT, IN ANY MANNER PERMIHc~ BY APPt. ICABLE STATE AND FEDERAL LAW. C. AFTER HAVING READ AND D,-~cI.~MINED WHICH OF THE FOLLOWING STATEMENTS ARE APPLICABLE, AND BY PLACING MY INITIALS NEXT TO EACH STATEMENT WHICH APPUES, I REPRESENT THAT: INITIALS 1. I WAS REPRESENTED BY MY OWN INDEPENDENT LEGAL COUNSEl. IN CONNECTION WITH THE NOTE. -T"~.,~2. A REPRESENTATIVE OF LENDER SPECIFICALLY CAt. LED THE CONFESSION OF JUDGMENT PROVISION IN THE NOTE TO MY A~ ~r=NTION. D. I CERTIFY THAT MY ANNUAL INCOME EXCEEDS $10,000; THAT THE BLANKS IN THIS DISCLOSURE WERE FILLED IN WHEN I INITIN. ED AND SIGNED IT; AND THAT I RECEIVED A COPY AT THE TIME OF SIGNING. THIS DISCLOSURE HAS BEEN SIGNED AND SEALED BY THE UNDERSIGNED. AFFIANT: BLOSER BROTHERS ~:"~ ~-~!~ ~:i~.~: ~.':'.':.'::.?~. i~,..'.,~.~i '~: !~ ....... ~ ........ ~.~i~.::'ii~ii~:~:i:...::.:~.~:.:~.:.: Si~v'EN L. BLOSER TOMMY L/. BLOSER LASER PRO, Reg. U.S. P~t. & T.M. Off., Vel'. 3.29 (C)Cancentrex 2000 All rights reserved. JPA-D30 BLOSER3.LN C32.OVLJ PNC BANK, NATIONAL ASSOCIATION Plaintiff TOMMY L. BLOSER AND STEVEN L. BLOSER T/D/B/A BLOSER BROTHERS A GENERAL PARTNERSHIP, Defendants : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : : NO. : : : : CIVIL ACTION - LAW VERIFICATION I, Eric Krimmel, Vice President, for PNC Bank, National Association, being authorized to do so on behalf of PNC Bank, National Association, hereby verify that the statements made in the foregoing pleading are tree and correct to the best of my information, knowledge and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unswom falsification to authorities. PNC BANK, NATIONAL ASSOCIATION Eric Krimmel Vice President $26K Note PNC BANK, NATIONAL ASSOCIATION Plaintiff Vo TOMMY L. BLOSER AND STEVEN L. BLOSER T/D/B/A BLOSER BROTHERS A GENERAL PARTNERSHIP, Defendants : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. : : : : CIVIL ACTION - LAW AFFIDAVIT OF NON-MILITARY SERVICE TO THE PROTHONOTARY: I do certify, to the best of my knowledge, that the Defendants, Tommy L. Bloser and Steven L. Bloser t/dgo/a Bloser Brothers, in the above-captioned action are not presently on active or nonactive military stares. Date: Respectfully submitted, SAIDIS, SHUFF, FLOWER & LINDSAY Camp Hill, PA 17011 (717) 737-3405 $26K Note PNC BANK, NATIONAL ASSOCIATION Plaintiff Vo TOMMY L. BLOSER AND STEVEN L. BLOSER T/D/B/A BLOSER BROTHERS A GENERAL PARTNERSHIP, Defendants : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. : : : : CIVIL ACTION - LAW CERTIFICATE OF ADDRESSES I hereby certify that the precise address of Plaintiff, PNC Bank, National Association, is 4242 Carlisle Pike, Camp Hill, Pennsylvania 17011; that the last known address of the Defendant Tommy L. Bloser and Steven L. Bloser t/d/b/a Bloser Brothers, a general parmership, is 150 Bamstable Road, Carlisle, Pennsylvania 17013. Date: Respectfully submitted, SAIDIS, SHUFF, FLOWER & LINDSAY 2109 Market Street Camp Hill, PA 17011 (7 ! 7) 737-3405 Attorney for Plaintiff $26K Note PNC BANK, NATIONAL ASSOCIATION, Plaintiff TOMMY L. BLOSER AND STEVEN L. BLOSER T/D/B/A BLOSER BROTHERS A GENERAL PARTNERSHIP, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-2059 CIVIL ACTION - LAW p[IAECIPE TO THE PROTHONOTARY: Please mark thc judgmem entered in the above-captioned action satisfied. Date: Respectfully submitted, SAIDIS, SHUFF, FLOWER & LINDSAY 2109 Market Street Camp Hill, PA 17011 (717) 737-3405 Attorney for Plaintiff C) ~ 0