HomeMy WebLinkAbout06-7065
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
PNC BANK, NATIONAL ASSOCIATION,
Plaintiff,
vs.
ZIMMERMAN'S EXXON
and THOMAS E. ZIMMERMAN,
Defendants.
CIVIL DIVISION
NO. ?. -16"
a62,
CONFESSION OF JUDGMENT
Pursuant to the authority granted in the Warrant of Attorney contained in the Note, the
undersigned attorney hereby appears for Defendants and confesses judgment in favor of Plaintiff,
PNC BANK, NATIONAL ASSOCIATION, and against Defendants, jointly and severally, as
follows:
Principal Debt $ 100,707.00
Interest through 11/9/06 2350.93
Late charges 38.72
Attorney's Commission 10,305.79
Total $ 113.402.44
Donna M. Donaher, Esquire
Attorney for PNC Bank, National Association
I , c •
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
PNC BANK, NATIONAL ASSOCIATION, CIVIL DIVISION at Plaintiff, NO. OLD -''7C?S U t1.?
vs.
ZIMMERMAN'S EXXON
and THOMAS E. ZIMMERMAN,
Defendants.
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
I . I ,
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
PNC BANK, NATIONAL ASSOCIATION,
Plaintiff,
vs.
ZIMMERMAN'S EXXON
and THOMAS E. ZIMMERMAN,
Defendants. )
CIVIL DIVISION
NO.
COMPLAINT IN CONFESSION OF JUDGMENT
AND NOW, comes the Plaintiff, PNC BANK, NATIONAL ASSOCIATION, 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 Zimmerman's Exxon, whose last known address is 407 North 21St
Street, Camp Hill, PA 17011.
3. Defendant is also Thomas E. Zimmerman, whose last known address is 46 North
8th Street, Lemoyne, PA 17043.
4. On May 8, 2007, Defendants submitted to Plaintiff an Application for a Business
Line of Credit. A true and correct copy of the Application is attached hereto, incorporated herein
and label Exhibit "A".
A ,
5. Pursuant to the terms of the Application, the Defendants agreed that should the
line of credit be granted, they would be bound by the terms and conditions of the Business Line of
Credit Agreement.
6. On or about May 9, 2003, the Plaintiff did notify the Defendants that a business line
of credit in the original amount of $50,000.00 would be extended.
7. On or about May 9, 2003, the Plaintiff did provide the Defendants 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".
8. The Application and Agreement shall hereinafter be jointly referred to as "Note".
9. There has been no assignment of the Note.
10. Judgment has not been entered on the Note in any jurisdiction against the
Defendants.
11. The judgment by confession sought by PNCB in this Complaint is not being
entered against a natural person in connection with a consumer credit transaction.
12. By Warrant of Attorney contained in the Note, Defendants authorized entry of
judgment by confession.
13. Pursuant to the Warrant of Attorney executed by Defendants, Defendants waived
the benefit of all laws exempting real or personal property from execution.
14. Pursuant to the Warrant of Attorney contained in the Note, judgment may now be
entered against Defendants as payment on the Note was not made when due thereby creating an
event of default under the Note and accelerating all amounts due thereunder.
-2-
15. Under the Note, the following amounts are now due by Defendants to PNCB:
Principal Debt $ 100,707.00
Interest through 11/9/06 2350.93
Late charges
38.72
Attorney's Commission 10,305.79
Total $ 113.402.44
16. Under the terms of the Note, Defendants are liable to PNCB for attorney's
Respectfully submitted,
TUCKER ARENSBERG, P.C.
- - - ----------
By: L Inn r? C? ?--i
Donna M. Donaher, Esquire
Pa. I . D. #53165
commission of ten (10%) percent for collection.
WHEREFORE, Plaintiff, PNCB, demands that a judgment be entered against Defendants,
Zimmerman's Exxon and Thomas E. Zimmerman, jointly and severally, as authorized in the
Warrant of Attorney contained in the Note, in the sum of $113,402.44, together with interest and
costs of suit.
1500 One PPG Place
Pittsburgh, PA 15222
(412) 566-1212
Attorney for PNC Bank, National Association
-3-
',Page 2 of 16)
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 Applicant authorizes the Bank and any
transferee of this application or loan to answer any questions about its credit experience with the
Applicant. The Applicant understands that all fees, including commitment and documentation
fees and annual credit review fees are non-refundable. In addition, once the commitment has
been issued, the Borrower will pay all expenses, including but not limited to: documentation
'fees, annual fees, mortgage taxes, insurance premiums, recording and filing fees, overdraft
protection fees, appraisal fees, etc.
By signing below, the undersigned Applicant(s), who is/are either a principal(s) of the
Borrower or a personal guarantor(s) of its obligations, provides written authorization to
the Bank or its designee (and any assignee or potential assignee hereof) to obtain my/our
personal credit profile(s) from one or more national credit bureaus. Such authorization
shall extend to obtaining a credit profile in considering this application and subsequently
for the purposes of update, renewal or extension of such credit or additional credit and for
reviewing or collecting the resulting account. A photocopy or facsimile copy of this
authorization shall be valid as the original. By signature below, Uwe affirm my/our
identity(ies) as the respective individual/s 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, w hick is o ffered t hrough special a rrangements w ith no n-PNC B ank I enders. E ach
Applicant authorizes you to forward this application, credit report(s) concerning the Applicant(s),
and a 11 other r elated do currents and o ther inf ormation in your p ossession t o non-PNC B ank
lenders participating in the Expanded Credit Program. Each Applicant understands that if this
application is approved under the Expanded Credit Program, a non-PNC Bank lender may either
make the loan directly to the Applicant or purchase the loan from the Bank. The Applicant also
understands that the terms and conditions of an Expanded Credit Program loan may differ from
• the terms and conditions of the loan for which the Applicant originally applied.
EXHIBIT
(Fag- ? of 16)
• Yes. Uwe 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. I/we do not wish to be considered for PNC Bank's Expanded Credit Program
2. Information Sharing Each Applicant understands that in order to offer a full range of
financial services, the Bank may share personal information such as applications, financial
statements and credit reports with any of its affiliates. If any Applicant does not want the Bank
to share such information with the Bank's affiliates, such Applicant may advise the Bank of its
wishes by calling the Bank at 1-877-BUS-BNKG (1-877-287-2654) or by writing to the Bank at:
PNC Bank, P.O. Box 96066, Pittsburgh, Pennsylvania 15226 including the Applicant's name,
address and account number(s) or Social Security/EIN number(s).
3. Terms and Conditions. If this application is for: (a) a Choice Credit' Line; (b) a Choice
Credit' 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 defined 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
(Pag- 4 of 16)
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 f
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 CredrtLine;
(b) a Choice Credit" 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 Terns 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)
(Page 5 of 16)
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. Right of Setoff In addition to all liens upon and rights of setoff against the
money, securities or other property of any Borrower or Guarantor given to the Bank by law, the
Bank shall have, with respect to all Obligations to the Bank under any Credit Facility or the
Terms and Conditions and to the extent permitted by law, a contractual possessory security
interest in and a contractual right of setoff against, and each Borrower and Guarantor hereby
assigns, conveys, delivers, pledges and transfers to the Bank, all of its right, title and interest in
and to, all deposits, moneys, securities and other property now or hereafter in the possession of
or on deposit with, or in transit to, the Bank whether held in a general or special account or
deposit, whether held jointly with someone else, or whether held for safekeeping or otherwise,
excluding, however, all IRA, Keogh, and trust accounts. Every such security interest and right of
setoff may be exercised without demand or notice. Every such right of setoff shall be deemed to
have been exercised immediately upon the occurrence of a default without any action of the
Bank, although the Bank may enter such setoff on its books and records at a later time
8. Power to Confess Jud ment. Borrower and each Guarantor hereby jointly and
severally Irrevocably authorize and empower the Prothonotary, any attorney or any clerk
of any court of record, after the occurrence of any Default under the Terms and
Conditions, to appear for and confess judgment against any or all such parties for such
sums as are due and/or may become due under any Credit Facility, with costs of suit,
without stay of execution, and with ten percent (10%) of the amount of such judgment, but
not less than $1,000, added for attorneys' collection fees. To the extent permitted by law,
the Borrower and each Guarantor releases all errors in such proceedings. If a copy of this
'instrument, verified by or on behalf of the Bank shall have been filed In such action, it shall
not be necessary to file the original instrument as a warrant of attorney. Interest on any
such judgment shall accrue at a rate per annum which shall be five percent (S%) in excess
of the interest rate in effect from time to time under the Terms and Conditions but not
more than the maximum rate allowed by law. The authority and power to appear for and
confess judgment against the Borrower and each Guarantor shall not be exhausted by the
initial exercise thereof and may be exercised as often as the Bank shall find it necessary
and. desirable and this instrument shall be a sufficlent warrant therefor.
(Page 6 of 16)
. BEING FULLY AWARE OF ITS RIGHTS TO PRIOR NOTICE AND A HEARING ON
THE VALIDITY OF ANY JUDGMENT OR OTHER CLAIMS THAT MAY BE
ASSERTED AGAINST IT BY BANK HEREUNDER BEFORE JUDGMENT IS
ENTERED, EACH BORROWER AND GUARANTOR HEREBY FREELY,
KNOWINGLY AND INTELLIGENTLY WAIVES THESE RIGHTS AND EXPRESSLY
AGREES AND CONSENTS TO BANK'S ENTERING JUDGMENT AGAINST IT BY
CONFESSION PURSUANT TO THE TERMS HEREOF. FURTHER, BEING FULLY
AWARE OF ITS RIGHTS AFTER JUDGMENT IS ENTERED (INCLUDING THE
RIGHT TO OPEN OR STRIKE THE JUDGMENT), EACH BORROWER AND
GUARANTOR HEREBY FREELY, KNOWINGLY AND INTELLIGENTLY WAIVES
ITS RIGHTS TO NOTICE AND A HEARING AND EXPRESSLY AGREES AND
CONSENTS TO BANK'S TAKING SUCH ACTIONS AS MAY BE PERMITTED
UNDER APPLICABLE STATE AND FEDERAL LAW WITHOUT PRIOR NOTICE.
EACH BORROWER AND GUARANTOR CERTIFIES THAT A REPRESENTATIVE
OF BANK SPECIFICALLY CALLED THE CONFESSION OF JUDGMENT
PROVISION TO ITS ATTENTION AND/OR THAT IT WAS, OR HAD THE
OPPORTUNITY TO BE, REPRESENTED BY LEGAL COUNSEL IN CONNECTION
WITH THIS DOCUMENT.
9. AUTHORIZATIONS. The Borrower agrees that all authorizations granted to the Bank
by the Borrower under the terms of this instrument (including, without limitation, the Terms and
Conditions and the Additional Security Agreement Terms attached to the Terms and Conditions)
are irrevocable and that the Bank may 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. WAIVER OF JURY TRIAL THE BORROWER AND EACH GUARANTOR
IRREVOCABLY WAIVES ANY AND ALL RIGHT SUCH BORROWER OR
GUARANTOR MAY HAVE TO A TRIAL BY JURY IN ANY ACTION, PROCEEDING
OR CLAIM OF ANY NATURE RELATING TO THIS INSTRUMENT, ANY
DOCUMENTS EXECUTED IN CONNECTION WITH THIS INSTRUMENT OR ANY
TRANSACTION CONTEMPLATED IN ANY OF SUCH DOCUMENTS. THE
BORROWER AND EACH GUARANTOR ACKNOWLEDGES THAT THE
FOREGOING W AIVER I S K NOWING AN D VOLUNTARY AN D I S A M ATERIAL
INDUCEMENT FOR THE PARTIES ENTERING INTO THIS TRANSACTION.
0
;Page 7 of 16)
Borrower(s)
Borrower(s): Zj A M Q H G" ?' tJ -V om
(Name of Corporation. Partnership or Other Entity, if applicable)
NOTE tf Bommer is a Corporation, the ofcer(s) named in the attached resolution must sign.
If Borrower is a partnership, all genaal partners must sign.
tgna p
dl/1" 7 M J
- 7A ignature
Name and Title (please print) 7 s
Zt ?-r .tom w-
- ame and Title (please print)
,% m M A j j
A
Date ate
Guarantor(s): (All owners and principals of the Borrower(s) must sign as guarantors)
Print Name
S?Pt'a-1
•
Corporate Resolution (for Corporate Borrowers)
RESOLVED, That and / or are authorized to apply for credit
and enter into binding loan agreements on behalf of this Corporation; and
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 contain a warrant of attorney authorizing the Bank to confess judgment against the
Corporation for all stuns 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 modified or
revoked; and the signatures and titles set forth above are the genuine signatures and titles of the persons indicated.
X
Signature of Secretary or Assistant Secrttary
PCBBMZPA Applindon-PA-Wit-01
Date
E
(Page 8 of 16)
QDPNCBAN<
BUSINESS BANKING LINE OF CREDIT AGREEMENT
Borrower: ZIMMERMAN'S EXXON
407 N 21 ST STREET
CAMP HILL, PA 17011
Bank: PNC Bank, National Association
4242 Carlisle Pike
Camp Hill, PA 17001
Maximum Credit: $50,000.00
Annual Fee: $175.00
Initial Index: 4.25%
Margin: 1.00%
Initial Rate: 5.25%
Date of Loan: May 9, 2003
Borrower's form of organization:
? Sole Proprietorship N General Partnership
• Corporation ? Subchapter S Corporation
? Limited Liability Company
State of Organization: PENNSYLVANIA
Borrower's Tradenames or Tradestyles:
Other Locations of Borrower's Business:
EXHIBIT
b
? Limited Partnership
O Non-Profit Corp.
Fage 9 of 16)
BUSINESS BANKING LINE OF CREDIT AGREEMENT
TERMS AND CONDITIONS
We are pleased to have you as a customer and to provide you with a copy of these terms and conditions (the "Toro and Conditions") governing
the line of credit ('line') provided to you by us. These Terms and Conditions are an important part of your Business Banking Line of Credit
Agreement. A supply of checks to enable you to begin using your account will be mailed to you shortly. Please read these Terms and Conditions
cam-fully. Your use or acceptance of any Line proceeds will be deemed evidence of your agreement to these Terms and Conditions.
I. DEFINITIONS. In this Agreement, the following definitions apply:
"Agreement" means this Business Banking Line of Credit Agreement and any amendment or addendum to this Agreement.
.,we'.. -us," "our" or "Bank" meow the Bank identified on the first page of this Agreement or any person or entity to whom the rights
of the Bank have ban assigned.
"You,r"YOur,"'yours" or "Borrower" means the indivirktaks) or endty(ies) identified on the first page of this Agreement .who have
applied to the Bank for the Line, for whom an account his been approved and who are listed above as a Honorer.
"Billing Cycle" means the interval between the dates on which monthly statemerms ate prepared.
"Expiration Date" shall be the date which is one year from the Date of Loan shown on the first page of this Agreement, or such later
date as may be designated by written notice from us to you.
"Maximtun Credit Imit" or "Maximum Credit" means the total dollar amount of credit available to you from time to time, the initial
amount of which is identified on the first page of this Agreemem.
"Payment Due Date" means the date which will appear each torah as the "Payment Due Date"on the billing statement. The Payment
Due Date will be determined by the Bank at the Bank's discretion
"Termination" means that you will no longer be able to obtain loans or any extension of credit on this account. Termination affects
the account permanently.
2. GENERAL DESCRIPTION OF THE ACCOUNT. This account is a revolving line account, sometimes called a line of credit ft is
intended to be used only for business purposes. You represent that it will not be used primarily for personal, family, or household purposes. You
may obtain bans on this account in the ways described in the "Account Privileges" section of this Agreement up to the Maximum Credit Limit
until this account is terminated. Interest will be charged on the outstanding principal balance at a rate that may change from time to tittle. Each
new rate will apply to the outstanding balance on your account and all new borrowings until the rate changes again.
3. AUTHORIZED SIGNERS. In the Agteenem, you are to designate the person(s) who are authorised to write checks or obtain funds
from this account by any other means as we may. from time to time, permit without the signature or endorsement of any other Borrower. Any
one of the authorized signers may act alone. If more than one name is identified as Borrower, each individual Borrower named has authority to
write checks or obtain funds from this account by any other means as we may, from time to time, permit without the sigtahue or endorsement of
any other Borrower.
We may honor drafts drawn by an authorized signer even if the drafts are made payable to the sigme, to cash, or for deposits to the
authorized signer's personal account. We have no duty to investigate or question the application of line fiords. We may refuse to horror dells or
requests for funds if we are uncertain as to anyone's continuing authority to act ar an aphorized signer, or if the signature on a draft does no
appear to be that of an aphorized signer.
4. HOW YOU AGREE TO THE TERMS OF THIS ACCOUNT. Applying for the Line, cuing your account or permitting someone else
to use your account constitutes your agreement with us to be bound by this Agreement.
S. ACCOUNT PRIVILEGES. We have established this account for you with a Maximum Credit limit in the amount set forth on the
fire page of this Agreement which may change from time to time and which will appear on your monthly billing statement. You tray use this
credit to obtain loans from time to time until the Expiration Date by writing chocks given by us to you for that special purpose in amounts of not
leas than S 1,000.00 or by using other methods which we may pertoit. You tiny not use this account to make payments, on this or any other PNC
Bank account You may continue to obtain loans until this account is terminated or the Expiration Date, whichever is earlier. You authorize us to
charge this account for all chocks you write on this account, for loans you make and for interest and any other amounts which you agme in this
Agreement to pay. If you lose the checks which were given to you to obtain loans fmm this account, or someone has obtained them without your
permission, you must tell us immediately. You scimowledge and agrco that in no event will we be under any obligation to extend or renew this
account beyond the initial Expiration Date.
-2-
(Page 10 of 16)
We agree to pay checks which are dated, drawn and issued on this account by you prior to the earlier of the termination of this account
or the Expiration Date. We are not obligated to pay checks that cause your balance to exceed your Maximum Credit Unit. We am not obligated
to pay any checks dated, drawn or issued by you or received by us after this account is terminated. if you balance exceeds your Maximum Credit
limit, or if your checks have been repotted lost or stolen. You agree that the only checks that you will write to make loam from the account will
be those issued by us for that special purpose.
6. OVERDRAFT PROTECTION. If you elect Overdraft Protection for this account, we will make a deposit to the business checking
account with us designated by you whenever a withdrawal is rode from that checking account, either by writing a check from the checking
account or in some other way, in an amount which is mote 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 leas than $50.00. We will charge the amount of the deposit as a loan firms this account. We do not
have to make a deposit to the checking account if a deposit will cause the balance of this account to exceed the Maximum Credit Limit or would
violate this Agreement, Checking account checks which are returned will be subject to our regular overdraft charges.
7. YOU AGREE:
a) not to write checks for less than S 1,000.00;
b) to repay all amounts advanced hereunder together with interest as provided in this Agreement;
C) not to make loam from this account which will cause the outstanding balance on this account at any time to exceed the
Maximum Credit Limit which we have now approved or may approve at any time in the ftnum
d) to immediately pay the amount of any loam in excess of the Maximum Credit Knit;
e) to give us such financial statements as we may request from time to time;
f) to pay nu costs of collection, including court costs and reasonable legal fees and expenses allowed by law, if we refer your
account to an attorney for collection;
g) not to give us false Information or signatures at any time or let anyone who is not a Borrower use this account;
h) to pay a Late Charge, as provided in this Agreement, for each month any payment is not made within fifteen (15) days of
its Payment Due Date, and
i) to honor any and all other promises that you make in this Agreement.
8. SECURITY INTEREST. Money on deposit with us and property held by us secure loans made under this Agreement; collateral
securing other obligations to us may also secure loans under this Agreement.
9. INTEREST. The interest rate on the Une is subject to change farm time to time based on changes in an independent index which win
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 reported (the "Index"). The Index is not necessarily the lowest rate we charge on our loam. If the Inchm becomes unavailable during the
tan of this account, we may designate a substitute index after notifying you. We will tell you the current Index rate upon your request. You
understand that we may provide lines of credit and loam based on other rata as well. The itta est rate change will not occur more often than
each month. The Index for a Billing Cycle is determined on the first day of that cycle based on the Index for the last day of the preceding
calendar month which is reported. The current Index is set forth on the first page of this Agreement. The interest rate to be applied to the unpaid
principal balance of this account is determined by adding a number of percentage points (the "Margin") to the btdex_ This Margin is ad forth on
the first page of this Agreement, as is the initial interest we for the account (the Index rate plus the Margin).
Inteest on the principal balance of loam outstanding on this account is computed on a 365/360 simple interest basis; that is, by
applying the ratio of the annual interest rate on the first day of the Billing Cycle over a year of 360 days to obtain a daily periodic rate, multiplied
by the average daily principal balance during the Billing Cycle, multiplied by the actual n mbes of days in the Billing Cyck. Under Do
circumstances will the interest rate on this account be more than the maximum rate allowed by applicable law.
10. MONTHLY INTEREST PAYMENTS. You agree to pay the accrued and unpaid interest on this account each month on the Payment
Due Dater Your payments must be sent to us at the address shown above or at such other place as we may designate in writing. bless otherwise
agreed In writing or required by applicable law, payments will be applied flat to any accrued unpaid interest, than to principal, and any remaining
amount any unpaid collection costs and any late charges,
II.
cha LATE CHARGES. If you fail to pay us the payment due by the payment due date reflected an your monthly statement, we may
rge you a Late Charge of 5100 or 5.6 of the amount past due, whichever is less.
12. AUTOMATIC PAYMENT; DEPOSITORY. INCREASE OF MARGIN. You agree to establish and maintain a business checking
account with us during the turn of this Agreement which shall be your primary depositary account. You authorize us to deduct your monthly
payments on the account from the checking account automatically. If there are insufficient collected and available finds in the checking account,
we will net be required to advance funds to cover the payment. We reserve the right to terminate the susomatic payment service at any time, with
or without cause. If you revoke your authorization for us to automatically deduct your monthly payments on the account 6om the checking
account any reason whatsoever or fail to maintain a checking account with w which may be charged, we may, at our option, upon thirty (30) days
notice to you, increase the interest rate Margin set forth on the first page of this Agreement by 025 percentage points (0.25X).
If your fail to establish and maintain your primary depository account with us, we my, at our option, upon thirty (30) days notice to
you, increase the imagist rate Margin sex forth on the first page of this Agreement by up to 1.00 percentage points (1.00X).
Our right to increase the interest rate Margin pursuant to this Section shall be in addition to any other rights or remedies we may have,
all of which arc hereby reserved, and shall not constitute a waiver, release or limitation upon our exercise of arty such rights or remedies.
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Page 11 of 16)
13. relieve PREPAYMENT. You may pay without penalty all or any portion of the amount owed artier than it is due. Early payments will not
you of your obligation to continue to make payments of accrued unpaid interest. Rather, they will reduce the principal balance due.
14. MONTHLY STATEMENTS AND CHECKS. We will send you a monthly statement for each billing cycle in which activity is posted
to this account or if there is a debit or credit balance of more than S 1.00 or for any billing cycle in which we impose interest The statement will
show advances made, the amount due for accrued unpaid interest, payments made and the balance which you owe. All payments last be
received by a in U.S. dollars at the remittance address disclosed on your monthly billing statement. Any subsidiary or affiliate of ours may act
as your ages 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 nail you a statement if we deem this scomm
uncollectable or if delinquency collection proceedings have been started 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 accepted by all of you. We shall retain all checks drawn
on this account.
13. CREDIT REVIEW. By accepting this aceormt, 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 information with our affiliates and conespondents.
Information from credit bureaus was obtained with reaper') to this account, if you ask, we will tell you whether or not a consumer credit report
was requested from a credit bureau and the name and address of the credit bureau(s) that provided the consumer credit report At our option, we
may obtain updated credit bureau reports and income verifications on you as is reasonably necessary to protect our interests.
16. CUSTOMER INFORMATION. You understand that we share transaction information with PNC Batik affiliates and with any third
ply that performs services for us in connection with this sexamt or to wbom this account may be transferred. We may also sham other
information you or a third party may provide. If you do not want us to share personal, ooetransaction information with PNC Bank affiliates,
please write us at PNC Bank, P. O. Box 96066, Pittsburgh, Pennsylvania 15226. Be tare to include your name, address, account number(s) or
Social Security/EIN member (s).
17. DEFAULT. You will be in default if any of the following happeat:
A) If you fail to pay any payment when it is due;
b) If you fail to pay us the amoum of any advances in excess of the Maximum Credit Limit within ten (10) days after we mail
a notice to you demanding the money.
C) If you use the proceeds of loans from this accoum for a purpose not permitted under this Agreetnmt;
d) If you or any guarantor fail to provide us with an updated financial state, us t upon our request;
e) If you die, are put in jail, or if a court with proper jurisdiction to do so fends that you are incapacitated;
f) If you make an assigttment for the benefit of creditors, if you ate or become iroohwri, if a receiver is appointed for any
part of your property, or if bankruptcy or receivership proceedings are filed or g) If anyone files a lawsuit or gets a judgment ate'
gaunt you, or attache or levies on any property of yours;
h) if you do not notify us within ten days of any change in your address;
i) If you have made any untnu statements or have provided us with false information or signatures at any time;
j) If you fail to keep any promise or perform any duty in this Agreement or any other loan or k) If you default under any ban, extension of credit, security agreement, purchase or sales agreement, with us;
in favor of any other creditor or person that may materially affect any of or any other account
or your property or your ability to repay this in aecomt
perform your obligations under this Agreersan;
1) If any creditor tries to take any of your property on or in which we have a lien or security irtemst (this includes a
gamishme nt of any of your accounts with us);
m) If a material adverse change occurs in your financial condition, or we believe the prospect of payment or performance of
the account is impaired;
n) If you fail to establish and maintain your primary deposit account with us,,
o) If any of the events described in this default section occurs with respect to any guarantor of this soeottt;
P) If any guarantor seeks, claims or otherwise attempts to limit, modify, revoke such guarantor's guaranty of this account or
any other loan with us; or
q) If we, in good faith, dean oursdves insecure.
is. OUR RIGHTS UPON DEFAULT. If a default occurs, we will have no further duty to pay checks or matte advances from this amour
and this account will be terminated. This will happen without prior notice to yon If we choose, at our sole optiort, to pay checks from this
account or nuke 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 notice to you, or right to
ctare, except as required by law. If any other event specifiod in Section 17 occurs, all amounts which you owe us under this Agreement shall be
due and payable immediately, at our opting without prior notice to you, or right to cutm, except as required by law. The other provisions of this
Agreement will contitate to apply to this account If we get a judgment after default and/or you are a debtor in an action filed by or against you
under the Bankruptcy Code, unless prohibited by applicable law the rates applicable to this account will continue to apply to the balances on this
account A defiuh under this Agreement is a default under every other sae, loan agreement or security agreement that you have with us.
Upon default, if we declare the entire outstanding principal, unpaid irtettst and charges on your account immediately due and payable,
you mast pay that amount immediately. Upon your default, we may increase the interest Margin tip to five percentage points 0%) over the
variable interest rate on this account, if allowed by law. We may hire or pay someone else to help us collect this account if you fail to pay in
accordance with this Agreement. You agree to pay our collection casts (including, without limitation, the cat of in-house attorneys and sbM
whether or not we hue anyone else to help us collect this account. This includes, subject to any limits under applicable law, our
and legal expeaa whether or not there is a lawsuit, including attorneys' fees and legal expenses for attorneys' fees bankrupt V. modify or vacate any automatic stay or irnunction), appeals and an anticipated
post-judgment ? d? (including to all oo tfthe r sur sat to
provided by law, you will also any collection services. In addition to all pay any wort costs if not prohibited by applicable law.
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Page 12 of. 16)
19. FEES. Your account is subject to the Annual Fee described on the first page of this Agteemea The Annul Fee will be charged in
advance on the anniversary date of your account and is not refundable.
20. TERMINATION BY YOU. You nay terminate this Agmement at any time do you are not in defauk by. (i) mailing or delivering a
written notice to w that you are terminating this account; (ii) paying w the outstanding principal balance of the account, the accrued and unpaid
interest on the balance, and all other amounts due in accordance with the temp of this Agreement; and (iii) immediately returning all checks and
other credit access devices, if applicable, which are our property and that were provided to you to access your aeearat. You will continue to be
liable for any advances made pursuant to unretume d checks. Any we of checks after the account is terminated may be considered fiavdule nt.
21. TERMINATION BY US. Upon sixty (60) days prior written notice to you, we may terminate this account, with or without cone, 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 term of this Agreement. Unless our notice provides otherwise. we will have no t6tther obligation to make any new
loans to you. Termination under this paragraph will not affect any checks which comply with this Agreement and which were written and issued
by you before the date on the termination notice or any other loans made under this Agreement before the date on the termination notice. If we
choose, at our sole optiom, to pay checks or make advances after we have terminated this account, you agree that we may charge those loans to
this account. After termination, the checks and other credit access devices, if applicable, which are our property and that were provided to you to
access your account must be returned to us immediately.
12. CONVERSION TO TERM IRAN. We retain the right to convert all or any part of the outstanding indebtedness under this account
into an amortizing tam loan, with or without cause, upon providing sixty (60) days prior written notice to you (the "Conversion Notices'). If we
exercise this right, we will compute a now monthly payment with aspect to the pert of the account so convened (the'Term Loan Portion'), and
you will be advised of such new monthly payment with mspecti 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 amoAixstion period specified in the Conversion Notice (the
"Aawniration Period"). Subsequent payments on the Term Loan Portion shall be determined monthly and shall be in the amounts determined by
w to be necessary to fully amortize the then outstanding principal balance of the accamt so converted over the then remaining Amortization
Period at the effesctive interest rate on the account as of the date the amount of such payment is calculated by w. All outstanding principal and
accrued interest will be due on the last day of the Amortization Period. Following the Conversion Notice, the Mwdmum Credit limit of the
account shall be reduced to the initial amount of the Tam Lou Portion. You may not tsborrow repaid amouno of the Tam Loan Portion unless
otherwise agreed by us. Upon payment in full of the Term Loan Portion and with our consent, the fWl amount of the account may be reinstated.
All of the provisions of this Agreement shall apply to the Term Lou Portion except to the extent inconsistent with this paragraph.
23. OUR LIABILITY. We have no responsibility for failure of any machine, merchant or other party to honor checks or any other means
which we may permit from time to time to be used to obtain a loam 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 PAYMENT AND CERTIFICATION OF CKECKS. Pmeeduna and laws applicable to post-
dated, stak dated, and stop payment of checks in connection with mansacdons on regular business chats ft accounts shall apply to checks tmdfr
this Agreement. You agree not to issue post-dated checks. You may place a stop payment order on a check by providing us with information 00
the date, number, payee, and enact amount (dollars and cents) of the check at any branch office, or by calling or writing w at the following
address: PNC Bank, Centralized Customer Assistance, 2730 liberty Avenue, Pittsburgh PA I S222. We will not be liable for paying a check if
your request is incomplete, incorrect in any detail or is not provided to w in a time and amnia which affords m a reasonable opportunity to am
upon it. We will not "certify 's check on this account.
25. AMENDMENT OF AGREEMENT. We may amend this Agreement from time to time, in any respect, by giving you written notice
where requited by law. Such amendments will apply to outstanding balances and new loaves except as otherwise indicated is the written notice.
If you do not agree to be bound by the terms of any amendment, you must notify w of your election to terminate the account pursuant to Section
20 of these Terms and Conditions within thirty (30) days of the date we sent you our notice of the amendment.
26. YOUR RESPONSIBILITIES TO US. If mono than one pawn is identified as Borrower, each and all of you are equally responsible,
individually and together, to w for payment in full of this account. V we extend credit to you by posting any advance to your account prior to
receiving written notice of your death or incapacity, such transaction shall be a valid and binding obligation of your estate and upon your heirs
and personal representatives.
27. REMEDIES CUMULATIVE. Our remedies under this Agreement shall be cumulative and not alternative.
28. DELAY IN ENFORCEMENT. We can delay in enforcing any of our rights under this Agreement without losing them. Any waiver
by us of any provision of this Agreement will not be a waiver of the same or any other provision on any other occasion.
29. ASSIGNMENT. You may not assign or otherwise transfer your rights and privileges under this Agreement, or delegate your
obligations to repay amounts you owe w. Any attempt by you to assign or delegate will be void and of mo effect We nay assign any and all of
our rights under this Agreement at anytime without your consent. A person(s) to whom we assign this Arm ernert shall be entitled to all of our
rights under this Agreement. None of your rights or obligations shall be effected by such assignment
30. REPLACEMENT OF PRIOR AGREEMENTS. This Agreement replaces all earlier agreements and governs all balances on this
account, including balances carried over onto this account from any prior account, just as if it had been in effect before the first advance from this
account.
image 13 of 16)
31, GOVERNING LAW AND CONSTRUCTION; JURISDICTION. This Agreement has been delivered to and accepted by us and will
be deemed to be made in the State where our office indicated of the first page of this Agreement is located. Regardless of the State of your
residence, you agree that this Agreement will be interpreted, and the rights and liabilities of the parties determined, in accordance with, the laws
of the State where our office indicated on the first page of this Agreement is located, excluding its conflict of laws rules. You irrevocably consent
to the exclusive jurisdiction of any state or federal court located for the county or judicial district where our office indicated on the first page of
this Agreement is located, and consent that all service of process may be sent by nationally recognized overnight courier service directed to you at
your address set forth on the first page of this Agreement and service so made will be domed to be completed on the business day after deposit
with such courier, provided that nothing 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, ante or other
foreign or domestic jurisdiction. You acknowledge and agree that the venue provided in this paragraph is the most convenient forum for both you
and us. You waive any objection to venue and any objection based on a more convenient forum in any action instituted under this Agreement
32. SEVERABILITY. If any provision of this Agreement is held to be invalid or unenforceable, such determination shall not affect the
validity or a fomeability of the remaining provisions of this Agreement.
33. GENERAL PROVISIONS. To the fullest extent allowed by law, you and any other person who guarantees or is otherwise liable for
this account waive any applicable statute of limitations, presentment, demand for payment, protest and notice of dishonor. Upon any change of
this Agreement, and unless otherwise expressly stated in writing, no party obligated on this account, directly or as a guamrtor, shall be released
from liability. We may renew or extend (repeatedly and for any length of time) this account, or release any party or guarantor or collateral; or
impair, fail to realize upon or perfect our security imnetest in any collateral; and take any otter action dewed 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
modification is made. Any notice to a which is required by this Agreement must be sent to us at the address see forth on the rust page of this
Agreement.
-tS-
14 of 16)
BUSINESS BANKING LINE OF CREDIT AGREEMENT
ADDITIONAL SECURITY AGREEMENT TERMS (If Applicable)
DEFiN ITIONS.
(a) "Collateral" shall include all personal property of the Borrower, including the following, all whether now owned or
hereafter acquired or arising and whenever bated V) accounts (including healthcare-insurance receivables and credit card receivables); (ii)
securities entitlements, securities accounts, commodity accounts, commodity contracts and investrnent property; (iii) deposit accounts; (iv)
instruments (including promissory notes); (v) documents (including warehouse receipts); (vi) chattel paper (including electronic chattel papa and
tangible chattel papa); (vii) inventory, including raw materials, work in process, or materials used or consumed in Borrower's business, items
held for sale or lase or furnished or to be famished under contracts of service, sale or lase, goods that are returned, reclaimed or repossessed;
(viii) goods of every nature; including stock-in-trade, goods on ronsigonuent, standing timber that is to be cut and removed under a conveyance or
c
such ontract for
arid ?? unborn young of animals, crops grown, growing, or to be grown, manufactured homes, computer programs embedded in
Products; (ix) equipment, including machinery, vehicles and furniture; (x) fixwm; (xi) commercial tort claims, if any,
identified in writing to the BaNc; (xii) letter of credit rights; (xiii) genera) intangibles, of every kind and description, including payment
intangibles, software, computer information, source codes, object codes, records and data, all existing and flrture customer lists, courses in action,
claims (including claims for indemnification or breach of warranty), books, records, pateub and patent applications, copyrights, trademarks,
tradenames, tradestyles, tnrdemark applications, goodwill, blueprints, drawings, designs and pons, trade smmts, contracts, licenses, license
(rive formulae, tax and any other types of refunds, returned and unearned insurance premiums, rights and claims under insurance policies;
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 arty affiliate thereof; (xvi) all ash and ash equivalents thereof, and (xvii) all
cash and non-cash proceeds (including insurance proceeds) of all of the foregoing property, all products thereof and all additions and accessions
thereto, substitutions therefor and replacements thereof.
(b) "Loan Documents" mans this Agreement, any and all rates evidencing the Obligations and all related documents.
instruments and agreements.
(c) "Obligations" shall include all loans, advances, debts, liabilities, obligations, covenants and duties owing from the
Borrower to the Bank or to any other direct or indirect subsidiary of The PNC Financial Services Croup, Inc., of any kind or nature, present or
future (including any interest accruing thereon after maturity, or after the filing of any petition in
insolvency, reorganization or like bankruptcy, or the commencement any
proceeding relating to the Borrows, whether or not a claim for peat-filing or post-petition interest is allowed in
such proceeding), whether direct or indirect (including those acquired by assignment or participation), absolute or contingent, joint or several, due
or to become due, now existing or hereafter arising, whether or not (i) evidenced by any note, guararnty 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 letter of credit,
loan, equipment horse or guarantee, (v) under any interest or currency swap, fugue, 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 purchase of one
currency in exchange for the sale of another currency, or in any other manner, (vii) arising out of overdrafts on depositor other tnocomts or out of
electronic fads transfers (whether by wire transfer or through automated clearing houses or otherwise) of out of the return unpaid of, or other
failure of the Bank to receive final payment for, any check, item, instr u eta, payment order or other deposit or credit to a deposit or other
account, or out of the Bank's non-mceipt of or inability to colic" funds or otherwise not being made whole in connection with depository or other
similar arrangements; and, any amendments, extensions, renewals and increases of or to any of the foregoing, and all toss anti expenaa of the
Bank incurred in the documentation, negotiation, modification, enforcement, collection and otherwise in connection with any of the foregoing,
including reasonable attorneys' fees and exposes.
(d) "UCC" mam the Uniform Commercial Code, as adopted and tressed and as in eft'en from time to time in the State whose
law governs pursuant to the Section of this Agreement entitled "Governing hew and luriadiction." Terms used herein which are defined in the
UCC and not otherwise defined herein shall have the respective meanings ascribed to such lama in the UCC. To the extent the definition of any
category or type of collateral is modified by any amendment, modification or revision to the UCC, such modified definition will apply
automatically as of the date of such amendment, modification or revision.
2• GRANT OF SECURITY INTEREST. To secure the Obligations, the Borrower, as debtor, hermby wigns and grants to the Bank, as
secured party, a continuing lien on and security interest in the Collateral.
3. CHANGE IN NAME OR LOCATIONS. The Borrower hereby agrees that if the location of the Collateral changes from the
location(s) identified on the first page of this Agreement, or if the Borrower changes its name, its type of organization, its state of organization (if
Borrower is a registered organization), its principal residence (if Borrower is an individual). its chief executive office (if Borrower is a gaural
partnership or non-registered organization) or establishes a name in which it may do business that is not identified on the rust page of this
Agreement, the Borrower will immediately notify the Bank in writing of the additions or changes.
4. REPRESENTATIONS AND WARRANTIES. The Borrower represents, warrants and covenants to the Bank that: (a) all information,
including its type of organization, jurisdiction of organization, chid executive office, and (for individuals only) principal residence are as set
forth on the first page of this Agreement and are true and correct on the date hereof, (b) the Borrower has good to the Collateral, has not made any prior sate, pledge, encumbrance, assignment or other disposition of the ' inatk ??etabk and indefeasible
Collateral title
free from all encumbrances and rights of setoff of any kind except the lien in favor of the Bank crated this the in
by Agreement; (c) expose of any herein
provided, the Borrower will not hereafter without the Bank's prior written comsat sell, pledge, encumber, assign or otherwise dispose of any of
the CoUsteral or permit any right of setoff, lien or security interest to exist thereon except to the Bank; (d) the Borrows will defend the Collateral
against all claims and denunds of all persons at any time claiming the same or any interest them* (e) each account and general intangible, if
included in the definition of Collateral. is genuine and enforceable in accordance with its terns and the Borrower will defend the am against all
claims, demands, setoffs and counterclaims at any time asserted; and (f) at the time any acocum or general intangible becomes subject to this
Agreement such account or general intangible will be a good and valid account representing a bona fide We of goods or services by the
-7-
(Sage 15 of 15)
Borrower and such goods 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 adjustmet by any account debtor
or any setoff, defense or counterclaim.
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 offices, agents, attorneys, or
accountants, to examine or inspect the Collateral, notify account debtors of the Bank's security interest its accounts and obtain valuations 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, warehouseman and mortgagees, The Borrower
agrees that the Bank has the right to notify (on invoices or otherwise) account debtors and other obligors or payors on any Collateral of its
assignment to the Bank, and that all payments thereon should be made directly to the Bank, and that the Bank has full power and authority to
collect, compromise, endorse, sell or otherwise deal with the Collateral in its own more or that of the Borrower at any time upon an Event of
Default.
(b) keep the Collateral in good order and repair at ail 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 insurance, and the amount of such loss or depreciation;
(c) only use or permit the Collateral to be used in accordance with all applicable federal, state, county and municipal laws and
regulations; and
(d) have and maintain insurance at all time with respect 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
discretion. Each such casualty insurance policy shall contain a standard Lender's Loss Payable Claris issued in favor of the Bank under which all
teases thereunder shall be paid to the Bank as the Bank's interest nay appear. Such policies shall expressly provide that the requisite insurame
cannot be altered or canceled without at (cast thirty (30) days prior written notice to the Bank and shall ins um the Bank notwithstanding 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 her ein provided, the Bank may, at its option,
obtain such insurance and the Borrower shall pay to the Bank, on demand, the cog thereof. Proceeds of insurance may be applied by the Bank to
reduce the Obligations or to repair or replace Collateral, all in the 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 inventory and collections of accounts in the Borrower's ordinary
course of business) or use any portion thereof in any manna inconsistent with this Agreement or with the term std conditions of any policy of
insurance thereon.
COVENANTS FOR ACCOUNTS. If accounts arc included in the definition of Collateral:
(a) The Borrower will, on the Bank's demand, make notations on its books and recor& showing the Bank's security interest
and make available to the Bank shipping and delivery receipts evidencing the shipmat of the goods that gave rise to an account, completion
certificates or other proof of the satisfactory performance of services that gave rise to an account, a copy of the invoice for each account and
copies of any written contract or order from which an account arose, The Borrower shall promptly notify the Bank if an account become
evidenced or secured by an instrument or chattel paper and upon the Bank's request, will pro.. y deliver any such instrument or chattel paper to
the Bunk, including any letter of credit delivered to the Borrower to support a shipment of inventory by the Borrower.
(b) The Borrower will promptly advise the Bank whenever an account debtor refuses to retain or returns any goods from the
sale of which an account arose and will comply with any instructions that the Bank any 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.
(c) The Borrower will immediately 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 instr units 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 the assignment given to and acknowledged by the aMuptiate
government agency or authority under the Federal Assignment of Claims Act.
(d) At any time after the occurrence of an Event of Default, and without notice to the Borrower, the Bank nay direct any
persons who an indebted to the Borrower on any Collateral consisting of accounts or general intangibles to make payment directly to the Bank of
the amounts due. The Bank is authorized to give receipts to such account debtors for any such payments and the account debtors will be
protected in malting such payments to the Bank. Upon the Bank's written request, the Borrower will establish with the Bank and maintain a
lockbox account ("Lockbox") with the Bank and a depository account(s) ("Cash Collateral Accourd") with the Bank subject to the provisions of
this subparagraph and such other related agreernens as the Bank may require, and the Borrower shall notify its account debtors to remit payments
directly to the Lockbox. Thereafter, funds collected in the Lockbox shall be transferred to the Cash Collateral Account, and finds in the Cash
Collateral Account shall be applied by the Bank, daily, to reduce the outstanding Obligations,
8. FURTHER ASSURANCES. The Borrower hereby irrevocably authorizes the Bank to execute (on behalf of the Borrower) and file
against the Borrower one or more financing, continuation or amendment statements pursuant to the UCC in form satisfactory to the Bank, and the
Borrower will pay the cost of preparing and riling the same in all jurisdictions in which such filing is deemed by the Bank to be necessary or
desirable in order to perfect, preserve and protect its security interests. If required by the Bank, the Borrower will execute all documentation
necessary for the Barak to obtain and maintain perfection of its security intense in the Collateral. If any Collateral consists of letter of credit
-8-
(cage 16 of 16)
rights, electronic chattel paper, deposit accounts or supporting obligations not maintained with the Bank or one of its afTiliates, or any securities
emiden"t, securities account, commodities account, commodities contract or other investment property, then at the Bank's request the Borrower
will execute, and will cause the depository institution or securities intermediary upon whose books and retorts the ownership interest of the
Borrower in such Collateral appears, to execute such Pledge Agreattents, Notification and Control Agreements or other agreements as the Bank
deems necessary in order to perfect, prioritize and protect its security interest in such Collateral, in each case in a form satisfactory to the Bank.
9. EVENTS OF DEFAULT. The Borrower shall, at the Bank's option, be in default under this Agreement upon the happening of
the following events or conditions (each, an "Event of Dcfiuh any It
under am of the Obli '): (a) any Event of Ded'ault (as defined in any of the Obligations); (b) any default
any gations that does not have a defined set of "Events of Default" and the lapse of any notice or tune period provided in such
Obligations with respect to such default; (c) demand by the Bank under any of the Obligations that have a demand future; (d) the failure by the
Borrower to pa{ottm any of its obligations under this Agreement; (e) falsity, inaccuracy or material breach by the Borrower of any written
warranty, representation or statement made or furnished to the Bank by or on behalf of the Borrower, (0 an uninstwed material loss, theft,
damage, or destruction to any of the Collateral, or the entry of any judgmant sgainst the Borrower or any lien against or the making of any levy,
seizure or attachment of or on the Collateral; (g) the failure of the Bank to have a perfected first priority security 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 property of the Borrower to any governmental entity, federal, state or local; or (i) if the
Bank otherwise deans itself insecure.
10. REMEDIES. Upon the occurrence of any such Event of Dehult and at any time the filer, the Bank may declare all Obligations
secured hereby immediately due and payable and assn have, in addition to any remedies provided 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 ate not limited to, the right to (a) peaceably by its own nuns
or with judicial assistance enter the Borrowees premises and take possession of the Collateral without prior notice to the Borrower or the
opportunity for a hearing, (b) tender the Collateral unusable, (c) dispose of the Collateral on the Bonowees promises, (d) require the Borrower to
assemble the Collateral and make 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 the Borrower reasonable notice of the time and place of any public sale thereof or of the time after
which any private sale or any other intended disposition thereof is to be made. The requirements of commercially reasonable notice shall be met
if such notice is sent to the Borrower at least ten (10) days before the time of the intended sale or disposition. Expenses of tetalring, holding,
prelming for sale, selling or the like sheen include the Bank's reasonable attomey's fees and legal expenses, Incurred or expanded by the Bank to
enlibme any payment due it under this Agreement either as against the Borrower, or in the prosecution or defame of any action, or concerning my
matter growing out of or contraction with the subject tatter of this Agreement and the Collateral pledged hereunder. The Borrower waives all
relief from all appraisemkrK or exemption laws now in force or hereafter enacted.
If. AUTHORIZATIONS. In addition to any authorizations contained elsewhere in this Agoement, the Borrower does hereby Irrevocabl
authorize any officer or agent of the Bank to: (a) endorse the name of the Borrower or y
checks, drafts, any of the Borroweli officers or agents rigors any notes,
money orders, or other instruments of payment or Collateral that may come into the Bank's possession in fun or part payment of
any Obligations; (b) sue for, compromise, settle and release all claims and disputes with respect to, the Copatetal; amd (c) sign, for the Borrower,
financing, continuation or amendment statements pursuant to the UCC, or supplemental intellectual property, security agreemeau; authorizing the
Bank and its officers and seem to do any and all things necessary to be done in and about the premises as fully and effectually as the Borrower
might or could do. The Borrower hereby ratifies all drat the Bank, its offices and agora shall law" do or cause to be done by virtu hereof:
12. PAYMENT OF EXPENSES. At its option, the Bank may discharge taxes, liw, security interests or such other encumbrances as may
attach to the Collateral, may pay for required insurance on the Collateral and may pay for the maintenance, appraisal or reappraisal, and
preservation of the Collateral, as determined by the Bank to be necessary. The Borrower will reimburse the Bank on demand for any payment so
made or any expense incurred by the Bank pursuant to the foregoing authorization, and the Collateral also will seem a advances or payments
so made or expenses so incurred by the Bank. any
13. NOTICES. All notices, demands, requests, consents, approvals and other comm?wrications required or permitted heretnder
("Notices') must be in writing and will be effective upon receipt. Notices may be given in any manner to which the parties may separately
agree, including electronic rail. Without limiting the foregoing, first-clap nail, facsimile transmission and commercial courier service are
hereby agreed to as acceptable methods for giving Notices. Regardless of the manner in which provided, Notices may be sent to a parry's address
forth on the first page of this Agreement or to such other address as any party may give to the ether for such purpose in accordance with
this t
sectiom
M:*vMDC%BUSBANK\CHOICEUUNE 2001\Lin of Credit Attmram-PA-07-30-01.doc
-9-
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
PNC BANK, NATIONAL ASSOCIATION,
Plaintiff,
CIVIL DIVISION
NO.
vs.
ZIMMERMAN'S EXXON
and THOMAS E. ZIMMERMAN,
Defendants
CERTIFICATE OF RESIDENCE
I hereby certify that the precise address of Plaintiff is:
Fifth Avenue and Wood Street
Pittsburgh, Pennsylvania 15222
that the last known address of Defendant, Zimmerman's Exxon, is:
407 North 21 st Street
Camp Hill, PA 17011
and that the last known address of Defendant, Thomas E. Zimmerman, is:
46 North 8th Street
Lemoyne, PA 17043
By:-
Donna
M. Donaher, Esquire
Attorney for PNC Bank, National Association
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
PNC BANK, NATIONAL ASSOCIATION,
Plaintiff,
vs.
ZIMMERMAN'S EXXON
and THOMAS E. ZIMMERMAN,
Defendants
TO: Zimmerman's Exxon
407 North 21St Street
Camp Hill, PA 17011
CIVIL DIVISION
NO. 01.. - 76? S
NOTICE OF ENTRY OF JUDGMENT
Please take notice that on 2006 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 $113,402.44, plus costs.
Prot onotary mberl nd County
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
PNC BANK, NATIONAL ASSOCIATION,
Plaintiff,
vs.
ZIMMERMAN'S EXXON
and THOMAS E. ZIMMERMAN,
Defendants
TO: Thomas E. Zimmerman
46 North 8th Street
Lemoyne, PA 17043
CIVIL DIVISION
NO. OI, 761,S
NOTICE OF ENTRY OF JUDGMENT
Please take notice that on 2006 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 $113,402.44, plus costs.
Protho otary, Cum and jounty
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.
Donna M. Donaher, Esquire
Attorney for PNC Bank, National Association
Sworn to and subscribed
before me this ,St day
of - 2006
Notary Pubut?--?
COMMONWEALTIi rF PENNSYLVANIA
Notarial Seal
Melissa Szalkq, Notary Publk
BANK_FIN:288259-1 000011-130672 City of Pittsburgh, Allegheny Coin
My Commission Expires Oct. 31, 2009
Member, Pennsylvania Association of Notaries
ACT 105 OF 2000 NOTICE
A JUDGMENT HAS BEEN ENTERED AGAINST YOU BY CONFESSION OF JUDGMENT.
PURSUANT TO 42 PA. C.S.A. §2737.1, 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 all legal papers other than original
process and includes, but is not limited to, all other pleadings as well as motions,
petitions, answers thereto, rules, notices, interrogatories and answers thereto. Original
process is served under Rule 400 et seq.
(b) Service by mail of legal papers other than original process is complete upon mailing.
(c) If service of legal papers other than original process is to be made by the sheriff, he shall
notify by ordinary mail the party requesting service to be made that service has or has not been
made upon a named party or person.
BANK FIN:288259-1 000011-130672
VERIFICATION
The undersigned, Darnella Ganaway, hereby verifies the statements of fact contained in
the attached Complaint in Confession of Judgment to be true and correct according to his personal
knowledge, information and belief, and further pledges that this verification is made subject to the
penalties of 18 Pa. C.S.A. §4904 relating to unsworn falsification to authorities.
Date: ,. ? ;D I I dcD ?O
By:
Attorney Relations Manager
A-i
r _,
LJ
A
-i
f . ,'t
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
PNC BANK, NATIONAL ASSOCIATION,
Plaintiff,
vs.
ZIMMERMAN'S EXXON
and THOMAS E. ZIMMERMAN,
Defendants.
CIVIL DIVISION
No. D(o ?
L41 /
17-1
AFFIDAVIT OF NON-MILITARY SERVICE
Filed on behalf of Plaintiff,
PNC Bank, National Association
Counsel of Record for This
Party:
Donna M. Donaher, Esquire
Pa. I.D. #53165
TUCKER ARENSBERG, P.C.
Firm #287
1500 One PPG Place
Pittsburgh, PA 15222
(412) 566-1212
I . "
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
PNC BANK, NATIONAL ASSOCIATION,
Plaintiff,
vs.
ZIMMERMAN'S EXXON
and THOMAS E. ZIMMERMAN,
Defendants.
CIVIL DIVISION
NO.
AFFIDAVIT OF NON-MILITARY SERVICE
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF ALLEGHENY
SS.
I, Darnella Ganaway, being duly sworn according to law, hereby depose and say that the
Defendant is not a member of the military service of the United States of America to the best of
my knowledge, information and belief.
Sworn and subscribed
before me this ?"?day
of Ai.A 2006.
Notary Public
My commission expires:
Darbellff Gan-away -1-4,
Attorney Relations Manager
COMMONWEALTH OF PENNSYLVANIA
Notarial Seal
Angela M. Vicario, Notary Public
McKees Rocks Boro,, Allegheny County
My Commission Expires Apr.
Member, Pennsylvania Association of Notaries
BAN K_FIN:288384-1 000011-130672
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
PNC BANK, NATIONAL ASSOCIATION, CIVIL DIVISION
Plaintiff, NO. 06-7065 Civil Term
vs.
ZIMMERMAN'S EXXON
and THOMAS E. ZIMMERMAN,
Defendants. 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. )
ZIMMERMAN'S EXXON )
and THOMAS E. ZIMMERMAN, )
Defendants. )
CIVIL DIVISION
NO. 06-7065 Civil Term
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 Defendants, Zimmerman's Exxon and Thomas E.
Zimmerman, on December 21, 2006, via certified mail, return receipt requested, at the following
addresses:
Zimmerman's Exxon
407 North 21" Street
Camp Hill, PA 17011
Thomas E. Zimmerman
46 North 8th Street
Lemoyne, PA 17043
True and correct copies of the Notices Under 2958.1 and return receipts are attached
hereto.
TUCKER ARENSBERG, P.C.
By?o
Donna M. Donaher, Esquire
Pa. I . D. #53165
1500 One PPG Place
Pittsburgh, PA 15222
(412) 566-1212
BANK_F IN:290456-1 000011-130672
TUCKER I ARENSBERG
Attorneys
PNC BANK, NATIONAL ASSOCIATION,
Plaintiff,
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
vs.
ZIMMERMAN'S EXXON
and THOMAS E. ZIMMERMAN,
Defendants.
CIVIL DIVISION
NO. 06-7065 Civil Term
Notice Under Rule 2958.1
of Judgment and Execution Thereon
Notice of Defendant's Rights
TO: Zimmerman's Exxon
407 North 21st Street
Camp Hill, PA 17011
A judgment in the amount of $113,402.44 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
Tucker Arensberg, P.C. 1500 One PPG Place Pittsburgh, PA 15222 p. 412.566.1212 f. 412.594.5619 www.tuckerlaw.com
111 N. Front Street PO. Box 889 Harrisburg, PA 17108 p. 717.234.4121 f. 717.232.6802
TUCKER I ARENSBERG
t 0 r n e y s
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.
HAVE A LAWYER OR CANNOT
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT
FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP:
AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET
CUMBERLAND COUNTY BAR ASSOCIATION
32 S. Bedford Street
Carlisle, PA 17013
(717) 249-3166
(800) 990-9108
uonna M. Donaher, Esquire
Tucker Arensberg, P.C.
1500 One PPG Place
Pittsburgh, PA 15222
(412) 566-1212
Attorney for Plaintiff
BANK_FIN:289896-1 000011-130672
r
TUCKER I ARENSBERG
Attorneys
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
PNC BANK, NATIONAL ASSOCIATION, )
Plaintiff, )
vs. )
ZIMMERMAN'S EXXON )
and THOMAS E. ZIMMERMAN, )
Defendants. )
CIVIL DIVISION
NO. 06-7065 Civil Term
Notice Under Rule 2958.1
of Judgment and Execution Thereon
Notice of Defendant's Rights
TO: Thomas E. Zimmerman
46 North 8th Street
Lemoyne, PA 17043
A judgment in the amount of $113,402.44 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
Tucker Arensberg, P.C. 1500 One PPG Place Pittsburgh, PA 15222 p. 412.566.1212 f. 412.594.5619 www.tuckerlaw.com
111 N. Front Street P.O. Box 889 Harrisburg, PA 17108 p. 717.234.4121 f. 717.232.6802
TUCKER I ARENSBERG
Attorneys
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
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
(800) 990-9108
Donna M. Donaher, Esquire
Tucker Arensberg, P.C.
1500 One PPG Place
Pittsburgh, PA 15222
(412) 566-1212
Attorney for Plaintiff
AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET
BAN K_F I N:289896-1 000011-1.30672
¦ Complete items 1, 2, and 3. Also complete
item 4 if Restricted Delivery is desired.
¦ Print your name and address on the reverse
so that we can return the card to you.
¦ Attach this card to the back of the mailpiece,
or on the front if space permits.
1. Article Addressed to:
Thomas E. Zimmerman
46 North 8th Street
Lemoyne, PA 17043
4. RP_MriMt-4 ndi..e., In ic...- .-
-- U Y9_¢
MicieNumber 7006 2760 0001 2835 8887
(transfer from service label) `--
Ps Form 3811, February 2004 Domestic Return Receipt
bu 102-1,95-02-M-1640
??? ?1 13i 2
¦ Complete items 1, 2, and
item 3. Also complete
4
¦ if Restricted Delivery is desired.
Print your name and address on the reverse
so that we can return the card to you.
¦ Attach this card to the back of the mailpiece,
or on the front if space permits.
1 • Article Addressed to:
Zimmerman's Exxon
407 North 21 st Street
Camp HA PA 17011
A.
X
0 Agent
B. Received by (Orindd !Name) C. Dat f
D. Is delivery address different from item 1? 0 Ye;
If YES, enter delivery address below: 0 No
s• ice Type
Certified Mail 0 Express Mail
0 Registered 0 Return Receipt for Merchandise
0 Insured Mail 0 C.O.D.
A. S na re
LB GL?
X
( cam---
. L 0 Agent
B. Received b ? Addre;
Tinted Name) C. Dat of D t
D. Is delivery address di
d
If YES, enter delivery a
dres mow.- [I No
3. service Type
?j Certified Mail ? Express Mail
0 Registered 0 Return Receipt for Merchandise
0 Insured Mail 0 C.O.D.
2. Article Number 4. Restricted Delivery? (Extra Fee)
(t'a'rsier from service label 7006 2 7 6 0 0001 28_3 5 8870
tum Receipt rn `?
0 Yes
1 1 '3iS )?It02595-02-M-1540 I
I!
1
UNITED STATES BANKRUPTCY COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
IN RE:
THOMAS E. ZIMMERMAN, JR.
f/d/b/a ZIMMERMAN' S EXXON
LAURIE M. ZIMMERMAN
Debtors/Movants
ZIMMERMAN' S EXXON and
THOMAS E. ZIMMERMAN
Movants
IN BANKRUPTCY
BK. NO. 1:07-bk-03763-RNO
CHAPTER 7 PROCEEDING
LIEN AVOIDANCE
COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
V.
PNC BANK, NATIONAL ASSOCIATION
Respondent
: NO. 06- 7065 Civil Term
ORDER OF COURT VOIDING JUDICIAL LIEN
In consideration of the within Motion for Order Voiding Judicial Lien filed by counsel
for Debtors/Movant, the Court finds that the Respondent has failed to file an Answer or
otherwise plead to the Motion for an Order Avoiding Judicial Lien filed on November 30, 2007
and duly served upon the Respondent; therefore, the Court orders judgment by default in favor of
the Movant, Thomas E. Zimmerman, Jr. d/b/a Zimmerman's Exxon, and against the Respondent,
PNC Bank, National Association to the relief requested in the Motion.
IT IS HEREBY ORDERED, adjudged and decreed that the judgment lien held by the
Respondent is hereby declared void in its entirety and of no further force and effect as it violates
11 U.S.C. Section 522(f)(1) and interferes with 11 U.S.C. Section 522(d).
By the Court,
Dated: Ja n ua ry 4, 2008 Robert N. Opels II, Bonw' ' Judge (DO)
This docent is electronically signed and ,Josef on the same date.
'
;gTii=iED FROM THE RECORD this 1
20
U.S. C
..?I .. mow;.-...... ?.?.. ? .
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