HomeMy WebLinkAbout02-3726PNC BANK, NATIONAL ASSOCIATION,
Plaintiff
MARK A. DAVIS AND JANET G. DAVIS,
Defendants
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
CONFESSION OF JUDGMENT
CWIL 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:
Note A - $245,000 Loan
a. Principal
b. Interest to July 22, 2002
c. Total due to Plaintiff
under Note A as of
July 22, 2002
$234,333.25
$ 44,117.62
$278,450.87
II.
III.
Note B: $250,000.00 Loan
a. Principal
b. Interest to July 22, 2002
c. Late charges
d. Total due to Plaintiff
under Note B as of
July 22, 2002
Attorneys' Commission
$229,685.79
$ 43,386.13
$ 1,791.72
$274,863.64
$ 55,152.27
IV.
Grand total due to Plaintiff under
the Guaranty as of July 22, 2002
$608,466.78, plus
additional interest, and
costs from the date of
the Complaint.
Respectfully submitted,
SAIDIS, SHUFF, FLOWER & LINDSAY
By:
2109 Market Street
Camp Hill, PA 17011
(717) 737-3405
PNC BANK, NATIONAL ASSOCIATION,
Plaintiff
MARK A. DAVIS AND JANET G. DAVIS,
Defendants
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
: NO. O --,27a
: CONFESSION OF JUDGMENT
: CIVIL ACTION - LAW
COMPLAINT FOR CONFESSION OF JUDGMENT
UNDER RULE 2951
1. 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 address of the Defendants are Mark A. Davis and Janet
G. Davis, 107 Hammond Road, Shippensburg, Pennsylvania 17257.
3. Defendants Mark A. Davis and Janet G. Davis ("Defendants") executed and
delivered to Plaintiff a Commercial Guaranty (the "Guaranty"), a true and correct photostatic
reproduction of the original of which is attached hereto as Exhibit "A" and made part hereof.
4. Defendants under the Guaranty, guaranteed to Plaintiff the payment of all amounts
due to Plaintiff by Davis Greenhouse, Inc. ("Debtor") under, inter alia, the following Promissory
Notes:
(a) Promissory Note dated April 17, 1998, in the original principal amount of
Two Hundred Forty-Five Thousand and 00/100 Dollars ($245,000.00), as
modified by the Change in Terms Agreement dated November 20, 1993
(collectively "Note A").
(b) Promissory Note dated November 20, 1998, in the original principal amount
of Two Hundred Fifty Thousand and 00/100 Dollars ($250,000.00) ("Note
A true and correct photostatic copy of Note A and Note B are attached hereto as Exhibits
"B" and "C" respectively. Note A and Note B are sometimes referred to herein collectively as (the
"Notes").
5. Debtor is in default of Debtor's obligations to make payment to Plaintiff as required
in the Notes and Defendants are in default of Defendants' obligations to make payment to Plaintiff
under the Guaranty.
6. Judgment is not being entered by confession against a natural person in connection
with a consumer credit transaction.
There has not been any assignment of the Guaranty.
Judgment has not been entered on the Guaranty in any jurisdiction.
An itemized computation of the amount due to Plaintiff by Defendants as a result of
Defendants' default under the Guaranty is as follows:
I. Note A - $245,000 Loan
a. Principal
b. Interest to July 22, 2002
c. Total due to Plaintiff
under Note A as of
July 22, 2002
$234,333.25
$ 44,117.62
$278,450.87
II. Note B: $250,000.00 Loan
a. Principal
b. Interest to July 22, 2002
c. Late charges
d. Total due to Plaintiff
under Note B as of
July 22, 2002
III. Attomeys' Commission
$229,685.79
$ 43,386.13
$ 1,791.72
$274,863.64
$ 55,152.27
IV. Grand total due to Plaintiff under
the Guaranty as of July 22, 2002 $608,466.78
10. Interest continues to accrue at the rates provided in the Notes, as may be amended.
WHEREFORE, Plaintiff demands judgment against Defendants, Mark A. Davis and Janet
G. Davis, as authorized by the warrant o£ attorney comained in the Guaranty for Six Hundred Eight
Thousand Four Hundred Sixty Six and 78/100 Dollars ($608,466.78), plus interest fi:om and
including the date of' this Complaint and judgment entered hereon at the rates provided in the Notes,
as may be amended and costs of suit.
Respectfully submitted,
Date:
SAIDIS, SHUFF, FLOWER & LINDSAY
_1~1 M. IJed6bohm, Esquire
~upreme Court ID #59012
2109 Market Street
Camp Hill, PA 17011
(717) 737-3405
Attorney for Plaintiff
3
COMMERCIAL GUARANT
References in the shaded area are for Lender s u~e ~ty and do not li~'i'~ the abplicability of this document to any pa~cular ~oan or item. ' .....
Borrower: DAVIS GREENHOUSE, INC. (TIN: 2324a8205) Lender: PNC LANK, NATIONAL ASSOCIATION
103 HAMMOND ROAD 4242 CARLISLE PIKE
SHIPPENSBURG, PA 172S7 CAMP HILL, PA 17001-8874
Guarantor: MARK A. DAVIS and JANET G. DAVIS
107 HAMMOND ROAD
SHIPPENSBURG, PA 172~7
AMOUNT OF GUARANTY. The amount of this Guaranty Is Unlimited.
CONTINUING UNLIMITED GUARANTY. For good and valuable consideration, MARK A. DAVIS and JANET G. DAVIS ("Guarantor") absolutely
and unconditionally guerestss and promise to pay, Jointly and severally, to PNC BANK, NATIONAL ASSOCIATION ("Lender") or its order, in
legal tender of the UnltmJ States of America, the Indebtsdneso (as that tern la defined below) of DAVIS GREENHOUSE, INC. ("Borrower'') to
Lender on the terms and candlflons set forth In this Guaranty. Under this Guaranty, the liability of Guarantor is unlimited and the obligations
of Guarantor are continuing.
DEFINITIONS. The following words shall have the following meanings when used in this Guaranty:
Borr~er. The word ~orrower" means DAVIS GREENHOUSE, INC..
Guarantor. The word 'Guarantor~ means MARK A. DAVIS and JANET G. DAVIS, who are signing this Guaranty jointly and severally.
Guaranty. The word "Guaranty" means this Guaranty made by Guarantor for the benefit of Lender dated November 20, 1998.
Indebtedness. The word "~ndebfedness" is used in its most comprehensive sense and means and includes any and ail of Borrower's liabilities,
obligations, debts, and indebtedness to Lender, now existing or hereinafter incurred or created, including, without limitation, all loans, advances,
interest, costs, debts, overdraft indebtedness, credit card indebtedness, lease obligations, other obligations, and liabilities of Borrower, or any of
them, and any present or future judgments against Borrower, or any of them; and whether any such Indebtedness is voluntarily or involuntarily
incurred, due or not due, absolute or contingent, liquidated or unlJquidafed, determined or undetermined; whether Sorrower may be liable
individually or jointly with others, or pdmarity or secondarily, or as guarantor or surety; whether recovery on the indebtedness may be or may
become barred or unenfomesble against Sorrower for any reason whatsoever; and whether the Indebtedness arises from transactions which may
be voidable on account of infancy, insanity, ultra vires, or otherwise.
Lender. The word 'Lender~ means PNC BANK, NATIONAL ASSOCIATION, its successors and assigns.
Related Documents. The words "Related Documents" mean and incJude without ]imitation all promissory notes, credit agreements, loan
agreements, environmental agreements, guaranties, secudly agreements, mortgages, deeds of trust, and all other instruments, agreements and
documents, whether now or hereafter existing, executed in connection with the indebtedness.
NATURE OF GUARANTY. Guarantor's liability under this Guaranty shall be open and continuous for so long as this Guaranty remains in force.
Guarantor fnfends to guarantee at all times the performance and prompt payment when due, whether at mstudty or earlier by reason of aoceleration or
otherwise, of all indebtedness. Accordingly, no payments made upon the Indebtedness will discharge or diminish the continuing liability of Guarantor
in connection with any remaining portions of the indebtedness or any of the Indebtedness which subsequently adses or is thereafter incurrecl or
contracted. The obligations of Guarantors shall be joint and several. Lender may proceed against any of the Guarantors individually, against any
group of Guarantors, or against all the Guarantors in one action, without affecting the dght of Lender to proceed against other Guarantors for amounts
that are covered by this Guaranty. Any inability of Lender to proceed against any Guarantor (whether caused by actions of a Guarantor or of Lender)
will not affect Lender's dght to proceed against any or all remaining Guarantors for all or part of the amounts covered bY this Guaranty.
DURATION OF GUARANTY. This Guaranty will take effect when received by Lender without the necessity of any acceptance by Lender, or any notice
to Guarantor or to Sorrower, end will continue in full force until all indebtedness incurred or contracted before receipt by Lender of any notice of
revocation sha;l have been fully and finally paid and satisfied and all other obligations of Guarantor under this Guaranty shall have been performed in
full if Guarantor elecfe to revoke this Guaranty, Guarantor may only do so in wdting. Guarantor's written notice of revocation must be mailed to
Lender, by certified mail, at the address of Lender listed above or such other place as Lender may designate in wdting. Written.revocation of this
Guaranty will apply only to advances or new Indebtedness created after actual receipt by Lender of Guarantor's written revocation. For this purpose
and without limitation, the term "new Indebtedness" does not include Indebtedness which at the time of notice of revocation is contingent, unliquidated,
undetermined or not due and which later becomes absolute, liquidated, determined or due. Notice of revocation shell be effective onty as to the
particular Guarantor providing the notice, and she~ not affect the Ifebility of other guarantors. This Guaranty will continua to bind Guarantor for ail
Indebtedness incurred by Borrower ~ committed by Lender pdor to receipt of Guarantor's written no,ce of revocation, in~udlng any extensions,
renewals, substitutions or modifications of the Indebtedness. All renewals, extensions, substitutions; and modifications of the~lnldebtednees granted
after Guarantor's revocation, era contemplated under this Guaranty and, specifically will not be considered to be new Indebtedness. This Guaranty
shall bind the estate of Guarantor as to Indebtedness created both before and after the death or incapacity of Guarantor, regardless of Lender's actual
notice of Guarantor's death. Subject to the foregoing, Guarantor's executor or administrator or other legal representative may terminate this Guaranty in
the same manner in which Guarantor might have terminated it and with the same effect. Release of any other guarantor or termination of any other
guaranty of the Indebtedness shall not affect the liability of Guarantor under this Guaranty. A revocation received by Lender from any one or more
Guarantors shall not affect the liability of any remaining Guarantors under this Guaranty. It la anticipated that fluctuations may occur In the
aggregate amount of Indebtedness covered by this Guaranty, and It Is specifically acknowledged and agreed by Guarantor that reductions in
the amount of Indebtedness, even to zero dollars ($0.00), prior to written revocation of this Guaranty by Guarantor shell not constitute
termination of this Guaranty. This Guaranty Is binding upon Guarantor and Guarantor's heirs, successors and assigns so long as any of the
guaranteed Indebtedness remains unpaid and even though the Indebtedness guarantsed may from time to time be zero dollars ($0.o0).
GUARANTOR'S AUTHORIZATION TO LENDER. Guarantor authorizes Lender, either before or after any revocation hereof, without notice
demand and without lessening Guarantor's Ilabltity under this Guaranty, from time to time: (a) prior to revocation ss set forth above, to make
one or more additional secured or unsecured loans to Borrower, to lease equipment or other goods to Borrower, or other, vise lo ex'ten(
additional credit to Borrower;, (b) to alter, compromise, renew, extend, accelerate, or other, vise change one or more times the time fo]
payment or other terms of the Indebtedness or any pert of the Indebtedness, thcludlng Increases and dc'cresses of the rate of Interest on
Indebtedness; extensions may be repeated and may be for longer than the original loan term; (c) to take and hold security for the payment
this Guaranty or the Indebtedness, and exchange, enforce, waive, subordlnats, fail or decide not to perfect, and release any such security
with or without the substhutlon of new collateral; (d) to release, substitute, agree not to sue, or deal with any one or more of Borrower'.,
sureties, endorsers, or other guarantors on any terms or In any manner Lender may choose; (e) to determine how, when and what applicatior
11.--20-1998 COMMERCIAL GUARANTY Page 2
Loan No (Continued)
of payments and credits shall he made on the Indebtedness; (f) to apply such security and direct the order or manner of safe thereof,
including without limitation, any nonjudicial sale permitted by the terms of the controlling security agreement or deed of trust, as Lender in its
discretton may determine; (g) to sell, transfer, assign, or grant participations in all or any part of the Indebtedness; and (h) to assign or
transfer this Guaranty in whole or in part.
GUARANTOR'S REPRESENTATIONS AND WARRANTIES. Guarantor represents and warrants to Lender that (a) no representations or agreements
of any kind have been made to Guarantor which would limit or qualify in any way the terms of this Guaranty; (b) this Guaranty is executed at
Borrower's raguest and not at the request of Lender; (c) Guarantor has tull power, bght and authonty to enter into this Guaranty; (d) the prowsians of
fi~is Guaranty do not conflict with or resutt in a default under any agreement or other instrument binding upon Guarantor and do not result in a violation
of any law, regulation, court decree or order applicable to Guarantor; (e) Guarantor has not and will not, without the prior wdffan consent of Lender,
sell, lease, assign, encumber, hypothecate, transfer, or otherwise dispose of ail or substantially all of Guarantor's assets, or any interest therein; (f) upon
Lender's request, Guarantor will provide to Lender financisi and credit information in form acceptable to Lender, and all such financial information
which currently has been, and all future financial information which will be provided to Lender is and will be true and correct in all mafedal respects and
fairly present the financial condition of Guarantor as of the dates the financial information is provided; (g) no mafedei adverse change has occurred
Guarantor's financial condition since the date of the most recent financial statements provided to Lender and no event has occurred which may
materially adversely affect Guarantor's financial condition; (h) no litigation, claim, investigation, administrative proceeding or similar action (including
those for unpaid taxes) against Guarantor is pending or threatened; (i) Lender has made no representation to Guarantor as to the oreditworlhineas of
Borrower; and (j) Guarantor has established adequate means of obtaining from Borrower on a continuing basis information regarding Borrower's
financial condition. Guarantor agrees to keep adequately informed from such means of any facts, events, or cimumstancas which might in any way
affect Guarantor's risks under this Guaranty, and Guarantor further agrees that Lender shall have no obligation to disclose to Guarantor any information
or documents acquired by Lender in the course of its relationship with Borrower,
GUARANTOR'S WAIVERS. Except as prohibited by applicable law, Guarantor waives any dght to require Lender (s) to continue lending money or to
extend other credit to Borrower; (b) to make any presentment, protest, demand, or notice of any kind, including notice of any nonpayment of the
Indebtedness or of any nonpayment related lo any collateral, or notice of any action or nonaction on the part of Borrower, Lender, any surety, endorser,
or other guarantor in connection with the Indebtedness or in connection with the creation o! new or additional loans or obligations; (c) to resort for
payment or tn proceed directly or at once against any person, including Borrower or any other guarantor; (d) to proceed directly against or exhaust any
collateral held by Lender from Sorrower, any other guarantor, or any other pemon; (e) to give notice of the terms, time, and piase of any public or
pdvate sale of personal property secunly held by Lender from Borrower or to comply with any other applicable provisions of the Uniform Commercial
Code; (f) to pursue any ether remedy within Lander's power; or (g) to commit any act or omission of any kind, or at any time, with respect to any
matter whatsoever.
Guarantor also waives any and all rights or defenses arising by reason of (a) any "one action" or "ant~-deticiency" ]aw or any other law which may
prevent Lender from bringing any action, including a claim for deficiency, against Guarantor, before or after Lender's commencement or completion of
any forecicsura action, either judicially or by exercise of a power of sale; (b) any election of remedies by Lender which destroys or otherwise adversely
affects Guarantor's subrogation fights or Guarantor's dghts to proceed against Borrower for ralmbumemant, including without limitation, any loss of
rights Guarantor may suffer by raeson of any law limiting, qualitying, or discharging the Indebtedness; (c) any disability or other defense of Borrower, of
any other guarantor, or of any other person, or by reason of the cessation cf Borrower's liability from any cause whatsoever, other than payment in full
in legal tender, of the Indebtedness; (d) any dght to claim discharge of the Indebtedness on the basis of unjustified impairment of any ccilatarai for the
[ndebtsdness; (e) any statute of limitations, if at any lime any action or suit brought by Lender against Guarantor is commenced there is outstanding
Indebtedness of Borrower to Lender which is not barred by any applicable statute of limitations; or (f) any defenses given to guarantors at law or in
equity other than actual psymant and performance of the indebtedness. If payment is made I~y Borrower, whether voJuntadty or otherwise, or by any
third party, on the indebtedness and thereafter Lender is forced to remit the amount of that payment to Borrower's trustee in bankruptcy or to any
similar person under any federal or state bankruptcy law or law for the retiet of debtom, the Indebtedness shall be considered unpaid for the purpose et
enforcement of this Guaranty.
Guarantor further weivas and agrees not to assert or claim at any time any deductions to the amount guaranteed under this Guaranty for any claim of
setoff, countemlaim, counter demand, recoupmant or similar dght, whether such claim, demand or dght may be asserted by the Borrower, the
Guarantor, or both.
GUARANTOR'S UNDERSTANDING WITH RESPECT TO WAIVERS. Guarantor warrants and agrees that each of the waivers set forth above is made
with Guarantor's full knowledge of its significance and consequences and that, under the circumstances, the waivers are reasonable and not contrary to
public pciicy or law. If any such waiver is determined to be contrary to any applicable law or public policy, such waiver shall be effective only to the
extent permitted by law or public policy.
LENDER'S RIGHT OF SE'TOFF. In addition to all liens upon and dghts of setoff against the moneys, securities or other prope?ly of Guarantor given to
Lender by law, Lender shall have, with respect to Guarantor's obligations to Lender under this Guaranty and to the extent permitted by law, a
contractual security interest in and a right of safoff against, and Guarantor hereby assigns, conveys, delivers, pledges, and transters to Lender all of
Guarantor's dght, title and interest in and to, ail deposits, moneys, securities and other property of Guarantor now or hereafter in the I~oasss~on of or
on dai3osit with Lender, whether held in a general or special eccount or deposit, whether held jointly with someone elsa, or whet~ held for
safekeeping or otherwise, ex~uding however ail IRA, Keogh, and trust accounts. Evary such secudly interest and dght of seloff may be
without demand upon or notice to Guarantor. No secudly interest or right of sefoff shall be deemed to have been waived by arty actor conduct on the
part of Lender or by any neglect to exercise such dght of setoff or to enforce such security interest or by any delay in so doing. Every dght of setoff and
security interest shsil continue in full torcs and effect until such right of setoff or security interest is specifically waived or released by an instrument in
wdting executed by Lender.
SUBORDINATION OF BORROWER'S DE~TS TO GUARANTOR. Guarantor agrees that the Indebtedness of Borrower to Lender, whether now
existing or hereafter created, shall be pdor to any claim that Guarantor may now have or hereafter acquire against Borrower, whether or not Borrower
becomes insolvent. Guarantor hereby expressly subordinates any claim Guarantor may have against Borrower, upon any account whatsoever, to any
claim that Lender may now or hereafter have against Borrower. In the event of insolvency and consequent liquidation of the assets of Borrower,
through bankruptcy, by an assignment for the benefit of creditors, by voluntary liquidation, or otherwise, the assets of Borrower applicable to the
payment of the claims of both Lender and Guarantor shall be bald tn Lender and shall be first applied by Lender to the Indebtedness of Borrower to
Lender. Guarantor does hereby assign to Lender all claims which it may have or acquire against Borrower or against any assignee or trustee in
bankruptcy of Borrower; provided however, that such assignment shall be effective only for the purpose of assuhng to Lender full payment in legal
tender of the Indebtedness. If Lender so requests, any notes or crecil agreements now or hereafter evidencing any debts or obligations of Borrower to
Guarantor shall be marked with a legend that the same are subject to this Guaranty and shell be delivered to Lender. Guarantor agrees, and Lender
hereby is authorized, in the name of Guarantor, from time to time to execute and file financing statements and continuation statements and to execute
such other documents and to take such other actions as Lender deems necessary or appropriate to perfect, preserve and enforce its rights under this
Guaranty.
MISCELLANEOUS PROVISIONS. The fol[owing miscellaneous provisions are a part of this Guaranty:
Amendments. This Guaranty, together with any Related Documents, constitutes the entire understanding and agreement of the parties as to the
11-20-1998 COMMERCIAL GUARANTY
Loan No (Continued) Page 3
matters set forth in this Guaranty. No alteration of or amendment to this Guaranty shall be effective unless given in wnflng and signed by the party
or parties sought to be charged or bound by the alteration or amendment.
Applicable Law. This Guaranty has been delivered to Lender and accepted by Lender in the Commonwealth of Pennsylvania. If there is a
lawsuit, Guarantor agrees upon Lender's request to submit to the jurisdiction of the courts of CUMBERLAND County, Commonwealth of
Pennsylvania. Lender and Guarantor hereby waive the dght to any jury thai in any action, proceeding, or counterclaim brought by either Lender or
Guarantor against the other. This Guaranty shall be governed by end construed in accordance with the laws of the Commonwealth of
Pennsylvania.
Attorneys' Fees; Expenses. Guarantor agrees to pay upon demand all of Lender's costs and expenses, including afforneys' fees and Lender's
legal expenses, incurred in connection with the enforcement of this Guaranty. Lender may pay someone else to help enforce this Guaranty, and
Guarantor shall pay the costs and expenses of such enforcement. Costs and expenses include Lender's attorneys' fees and legal expenses
whether or not there is a lawsuit, including sfforneys' fees and legal expenses for bankruptcy proceedings (and including efforts to modify or
vacate any automatic stay or injunction), appeals, and any anticipated post-judgment collection ser~ces. Guarantor also shall pay all court costs
and such additional fees es may be directed by the court.
Notices. AJI notices required to be given by either parly to the other under this Guaranty shall be in wdting, may be sent by telefacsimtie (unless
otherwise required by law), and, exeef)t for revocation notices by Guarantor, shell be effective when actually delivered or when deposited with a
nationally recognized overnight courier, or when deposited in the United States mail, fl~st class pcstage prepaid, addressed to the party to whom
the notice is to be given at the address shown above or to such other addresses as either party may designate to the other in wdting. All
revocation notices by Guarantor shall be in wdting and shall be effective only upon delivefi/to Lender es provided above in the section titled
'~URATION OF GUARANTY." If fhere is more than one Guarantor, notice to any Guarantor will constitute notice to all Guarantors. For notice
purposes, Guarantor agrees to keep Lender nformed st all times of Guarantor's current address.
Interpretation. In all cases where there is more than one Borrower or Guarantor, then all words used in this Guaranty in the siegular shall be
deemed to have been used in the plural where the context and construction so require; and where there is more than one Borrower named in this
Guaranty or when this Guaranty is ex~cuted by more than one Guarantor, the words "~orrower" and "Guarantor" respectively shall mean all and
any one or more of them. The words "Guarantor," "Borrower," and "Lender" include the heirs, successors, assigns, and transferees of each of
them. Caption headings in this Guaranty are for convenience purposes only and are not to be used to interpret or define the provisions of this
Guaranty. If a court of competent jurisdiction finds any provision of this Guaranty to be invalid or unenforceable as to any pe~,cn or crc Jmstance,
such finding shall not render that provision invalid or unenforceable as to any other persons or circumstances, and all provisiof]s of this Guaranty
in all other respects shall remain valid and enforceable. Jf any one or more of Borrower or Guarantor are corpcraflone or partnerships, it is not
necessary for Lender to inquire into the powers of Borrower or Guarantor or of the officers, directors, partners, or agents acting or purporting to act
on their behalf, and any Indebtedness made or created in reliance upon the professed exercise of such powers shall ce guaranteed under this
Guaranty.
Waiver. Lender shall not be deemed to have waived any rights under this Guaranty unless such waiver is given in wdting and signed by Lender.
No delay or omission on the part of Lender in exercising any right shall operate as a waiver of such right or any other right. ,~, waiver by Lender of
a provision of this Guaranty shell not prejudice or constitute a waiver of Lender's right othe~viee to demand stdct compile.nco with that provision or
any other provision of this Guaranty. No pdor waiver by Lender, nor any course of dealing between Lender and Guarantor, shall constitute a
waiver of any of Lender's dghts or of any of Guarantor's obligations as to any future transactions. Whenever the consent of Lender is required
under this Guaranty, the granting of such consent by Lender in any instance shall not constitute continuing consent to subsequent instances
where such consent is required and in all cases such consent may be granted or withheld in the sole discretion of Lender.
LIMITED RECOURSE AS TO NON-APPLICANT SPOUSE. Notwithstanding anything contained herein to the contrary, it is agreed that, unless an
exception to the requirements of Regulation B of the Board of Governors of the Federal Reserve System applies in connection with the extension of the
indebtedness and the execution of this Guaranty, the spouse who is deemed not to be the "applicant for credit" for purposes of such regulation (the
"Non--Applicant Spouse") shall be personally liable under this Guaranty only with respect to assets held jointly as of the date hereof or hereafter
acquired, and the lien of any judgment, order or other relief against the Non-Applicant Spouse shall be limited thereto. Nothing herein, however, shall
limit the Lender's dghts against any person, firm or entity other than the Non-Applicant Spouse.
FINANCIAL INFORMATION (GUARANTOR). Guarantor shall deliver or cause to be delivered to Lender within 15 days of filing each year: (a) a copy
of the federal income tax return filed by Guarantor, which tax return shall be a true and complete copy of the return flied by Guarantor with the Internal
Revenue Service; and (b) an updated personal financial statement of Guarantor.
CONFESSION OF JUDGMENT. GUARANTOR HEREBY IRREVOCABLY AUTHORIZES AND EMPOWERS ANY ATTORNEY OR THE
PROTHONOTARY OR CLERK OF ANY COURT IN THE COMMONWEALTH OF PENNSYLVANIA, OR ELSEWHERE, TO APPEAR AT ANY TIME FOR
GUARANTOR AFTER A DEFAULT UNDER THIS GUARANTY', AND WITH OR WITHOUT COMPLAINT FILED, AS OF ANY TERM, CONFESS OR
ENTER JUDGMENT AGAINST GUARANTOR FOR THE ENTIRE PRINCIPAL BALANCE OF THIS GUARANTY, ALL ACCRUED INTEREST, LATE
CHARGES, AND ANY AND ALL AMOUNTS EXPENDED OR ADVANCED BY LENDER RELATING TO ANY COLLATERAL SECURING THE
iNDEBTEDNESS TOGETHER WITH INTEREST ON SUCH AMOUNTS, TOGETHER WITH COSTS OF SUIT, AND AN ATTORNEY'S COMMISSION OF
TEN PERCENT (10%) OF THE UNPAID PRINCIPAL BALANCE AND ACCRUED INTEREST FOR COLLECTION, BUT IN ANY EVENT NOT LESS THAN
FIVE HUNDRED DOLLARS ($500) ON WHICH JUDGMENT OR JUDGMENTS ONE OR MORE EXECUTIONS MAY ISSUE IMMEDIATELy; AND FOR
SO DOING, THIS GUARANTY' OR A COPY OF THiS GUARANTY VERIFIED BY AFFIDAVIT SHALL BE SUFFICIENT WARRANT. THE AUTHORITY
GRANTED IN THIS GUARANTY TO CONFESS JUDGMENT AGAINST GUARANTOR SHALL NOT SE ED(HAUSTED BY ANY EXERCISE OF THAT
AUTHORITY, BUT SHALL CONTINUE FROM TIME TO TIME AND AT ALL TIMES UNTIL PAYMENT iN FULL OF ALL AMOUNTS DUE UNDER THIS
GUARANTY. GUARANTOR HEREBY WAIVES ANY RIGHT GUARANTOR MAY HAVE TO NOTICE OR TO A HEARING IN CONNECTION WITH ANY
SUCH CONFESSION OF JUDGMENT, EXCEPT ANY NOTICE AND/OR HEARING REQUIRED UNDER APPLICABLE LAW WITH RESPECT TO
EXECUTION OF THE JUDGMENT, AND STATES THAT EITHER A REPRESENTATIVE OF LENDER SPECIFICALLY CALLED THIS CONFESSION OF
JUDGMENT PROVISION TO GUARANTOR'S A3-rENTION OR GUARANTOR HAS BEEN REPRESENTED BY INDEPENDENT LEGAL COUNSEL.
EACH UNDERSIGNED GUARANTOR ACKNOWLEDGES HAVING READ ALL THE PROVISIONS OF THIS GUARANTY AND AGREES TO ITS
TERMS. IN ADDITION, EACH GUARANTOR UNDERSTANDS THAT THIS GUARANTY IS EFFECTIVE UPON GUARANTOR'S EXECUTION AND
DELIVERY OF THIS GUARANTY TO LENDER AND THAT THE GUARANTY WILL CONTINUE UNTIL TERMINATED IN THE MANNER SET FORTH
IN THE SECTION TITLED "DURATION OF GUARANTY." NO FORMAL ACCEPTANCE BY LENDER IS NECESSARY TO MAKE THIS GUARANTY
EFFECTIVE. THIS GUARANTY IS DATED NOVEMBER 20, 199a.
THIS GUARANTY HAS BEEN SIGNED AND SEALED BY THE UNDERSIGNED.
GUARANTOR:
Loan
MARK A. DAVIS
COMMERCIAL GUARANT' Page 4
(Continued)
~NET G~ DA'~
INDIVIDUAL ACKNOWLEDGMENT
Onthis, the u,~ dayof ./~Y'~'/'~.~ , I9~,~,before me /~ / ~ ,the
undemigned Note~ Public, p~onally app~md MARK A. DAVIS ~ J~ G. DAVIS, kn~n to ~ (or ~sfacton~ pm~n) to be the pe~on
whose names are suD~dbed to the wi~in ins~ument, and ~knowledg~ that they ex~u~ the same f~ the p~ th~in
In wltne, whereof., hereunto .t my hand .d o.c~ ~. ~ ~~)
NO~ Public in and for the State of
LASER PRO, Reg, U.S. Pat. & T.M. Off., Ver. 3.26 (c) 1998 CFI Pr oeervice$, Inc. All rights reserved. IPA-E20 OAVIS2.LN c2g. OVL]
Notarial Seal
Kay L. Fodor. Notary Public
· G~ettysburg Bom Adams County
My (Jomm ssion Expires June 25, 2001
~.~ber, Pennsylvania Association of Notaries
DISCLC 'WE FOR CONFESSION OF '~OGMENT
References in the shaded ,;;a '-~;~ for Lend;r's u~e only'add d~' R;i lim',i the .Dolicabi'l';ty of this'd0cam;nt to any periic~iar ioan or il;re. ' ' ' '1
Borrower: DAVIS GREENHOUSE, INC. (TtN: 232488205) Lender: PNC BANK, NATIONAL ASSOCIATION
103 HAMMOND ROAD 4242 CARLISLE PIKE
SHIPPENSBURG, PA 17257 CAMPHILL, PA 17001-8874
Guarantor: MARK A. DAVIS and JANET G. DAVIS
107 HAMMOND ROAD
SHIPPENSBURG, PA 17257
DISCLOSURE FOR CONFESSION OF JUDGMENT
I AM EXECUTING, THIS .,.~:) ~'~ DAY OF
,19 '~', A GUARANTY FOR AN UNLIMTED AMOUNT.
A. I UNDERSTAND THAT THE GUARANTY CONTAINS A CONFESSION OF JUDGMENT PROVISION THAT WOUI.D PERMIT LENDER TO
ENTER JUDGMENT AGAINST ME IN COURT, AFTER A DEFAULT ON THE GUARANTY, WITHOUT ADVANCE NOTICE TO ME AND WITHOUT
OFFERING ME AN OPPORTUNITY TO DEFEND AGAINST THE ENTRY OF JUDGMENT. IN EXECUTING THE GUARANTY, 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 MAY ASSERT AGAINST ME UNDER THE GUARANTY, I AM KNOWINGLY, INTET-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 JUDGMENT AGAINST ME BY CONFESSION AS PROVIDED FOR IN THE CONFESSION OF JUDGMENT
PROVISION.
B. I FURTHER UNDERSTAND THAT IN ADDITION TO GIVING LENDER THE RIGHT TO ENTER JUDGMENT AGAINST ME WITHOUT
ADVANCE NOTICE OR A HEARING, THE CONFESSION OF JUDGMENT PROVISION IN THE GUARANTY ALSO CONTAINS LANGUAGE THAT
WOULD PERMIT LENDER, AFTER ENTRY OF JUDGMENT, TO EXECUTE ON THE JUDGMENT BY FORECLOSING UPON, ATTACHING,
LEVYING ON, TAKING POSSESSION OF OR OTHERWISE SEIZING MY PROPERTY, IN FULL OR PARTIAL PAYMENT OF THE JUDGMENT.
HOWEVER, LENDER MUST PROVIDE NOTICE TO ME UNDER APPLICABLE LAW IN EXECUTING ANY CONFESSED JUDGMENT. IN
EXECUTING THE GUARANTY~ BEING FULLY AWARE OF MY RIGHTS TO ADVANCE NOTICE AND A HEARING AFTER JUDGMENT IS
ENTERED AND BEFORE EXECUTION ON THE JUDGMENT, ] AM KNOWINGLY, INTELLIGENTLY AND VOLUNTARILY WAIVING THESE
RIGHTS, AND I EXPRESSLY AGREE AND CONSENT TO LENDER'S EXECUTING ON THE JUDGMENT, IN ANY MANNER PERMITTED BY
APPLICABLE STATE AND FEDERAL LAW.
C. AFTER HAVING READ AND DETERMINED WHICH OF THE FOLLOWING STATEMENTS ARE APPLICABLE, AND BY PLACING MY
INITIALS NEXT TO EACH STATEMENT WHICH APPLIES, I REPRESENT THAT:
iNITIALS
1. I WAS REPRESENTED BY MY OWN INDEPENDENT LEGAL COUNSEL. IN CONNECTION WITH THE GUARANTY.
2. A REPRESENTATIVE OF LENDER SPECIFICALLY CALLED THE CONFESSION OF JUDGMENT PROVISION IN THE
GUARANTY TO MY ATTENTION.
D. I CERTIFY THAT MY ANNUAL INCOME EXCEEDS $10,000; THAT THE BLANKS IN THIS DISCLOSURE WERE FILLED IN WHEN
INITIALED AND SIGNED IT; AND THAT I RECEIVED A COPY AT THE TIME OF SIGNING.
THIS DISCLOSURE .~ BEEN SIGNED AND SEALED BY THE UNDERSIGNED.
X :i ::::::: (SEAL)
MARK A. DAVIS
x {SEAL)
~ JANET G. D,~/IS ......
LASER PRO, Reg. U.S. P~t. & T.M. Off., Vet 3 26 (c) g98 CFi RroServices, Inc. All rights r essa'ye ~1, [PA-D30 OAVIS2.LN 029.OVL}
03/30/01 11:07 '~5709616240 PNC SPEC. ASSETS ~010/011
~;':'~ "~:
Borrower: DAVIS ~REENNOUSE, ~NC. fftN: ~2~620s) Lender:
Principal Amount: $245,fl00.00 lntere~ Rate= 8.000% Date of Note: April 17, 1998
~RQMISE TO PA~. DAVIS GREEN~SE, INC. ("~orrower') promi~s to p~ to PNC B~K, NATIONAL ASSOCIATION
lawful money of th~ United States of America, the principal amount of Two Hunflred FO~
03/30/01 11:08 ~5709616240 PNC SPEC. ASSETS
CO~ I ~ ~ Note 5 ~ured ~y, in addihon to any o~er co}late~, a M~age dasd No.tuber 20; I~. to Lender on m~
~U~BEH~D Count. ~ommonw~l~h el Penns~va~ aX the t~m~ a~ cond~ of which ~ h~e~y inco~atee and made
yEAR 2000 COMPLIANCE_ Borrower has tin.awed the areas witl~n its business and ope+'abons which could be evarsety affected by, and has
developed ~ is developing a program to address on a llmely basts the nsk II, at certain c0mpUler applkT, a§ons user1 by Borrower may be unable to
fertiLiZe and p~torm p~perl~j~ dele-sensitive luectlens immlumg dates p~or to and alter Decameer 31, 1999 (the 'Year ~ Probtem"~. The. Year
2~00 Problem will not result, end ~s not reasonably m(pecled to result. Inany mateda[ adverse effect o. t~ busidess, properties: assets, financial
cnnaihon, results of operations or prospects of Borrower, er the abfllty of BDn'ower to duly and puectually pay or pe~orm iis obligations hereunder and
under tile Related Documents.
GENERAL PROVISIOHS. Lander may delay or forgo enforcing any of its Hghts or mmedle~ under this NOte without losing them. Borrower an0 any
g3~er parson who signs, guarantees or endome~ this Note. to the extent allowed by law, waive pmseotment, demertd for payment, protect and notice of
dishooor. [Jpr3n any change in tile terms af this Note. and unless otllorWisa expressJy stated in wdting, no party who signs this Note. wheiher as maker.
guarantor, accommodation maker or andomor, shall be re~-~-P.d from Ibibllity. All such parties agree that Lender may reneW or extend (repeatedly and
;or any length of time) this loan. or release any party or guarantor or collateral; or tmpsjr, fail to reatia~ upon or perfect Lender's sectoity Interest in the
col~atend: and taka-any ottter Leho~: deerrmd ~,'/by Lender wtihout, ihe. consenL of or notice to anyone. NI such pa.-Ims mae agree that Lende~
may modBy this loan wit/lout Ih. consent of o~ no~ce to anyone ~'than-th~lTart~ with whom Ihs modification is made. If-any-pinfish of ttHa Note is
:..tar. any mason detem~ined to be ucenterceable. It will not attegt the,..ml, hzerJ -~'?- - eUUIY nt ally oUler Pr°vislens of Ihis Note- . ... , ~
CONFES$1OtJ OF ,J~13G MEI~T'. BORROWER HEREBY IRREVOCABLY AUTHORIZE S AND EMPOWERS ANY ATTORNEY' OR TH~'PRO'[~ONOTARY
OR CLERK OF ANY COURT IN THE COMMONWEALTH OF PENNSYLVANIA. OR ELb'EWHERE, TO APPEAR AT ANY TIME FOR J~:~qROWER AFT~q
A DEFAULT UNDEFI THIS NOTE. AND WITH OR WITHOUT COMPLAINT FILED. AS OF ANY' t~r~M. CONFESS OR Ehl~J4 Jt/0GMENT AGAIN~J'
BORROWER FOR THE ENTIRE PRINCIPAL BALANCE OF THIS NOTE. ALL ACCRUED IN[eH;ST. LATE CHARGES, At'~O ANY AND ALL AMOUNTS
EXPENDED OR ADVANCED BY LENDER RELATING TO ANY' COLLA'TERPJ- SECURING THIS NOTE TOGETHER WITH INTEREST ON SUCF
AMOUNTS, TOC~q3HER WITH co~rs OF SLJrr, AND AN ATTORNEY'~ COMMISSION OF TEN PERCENT (10%) OF THE UNPAJD PRINCIPAL
BALANCE AND ACCRUED IN;EREST FOR COLLECTION. BUT IN ANY EVENT NOT LESS THAN F1VE HUNDRED DOLLARS (.%~00) ON WHICF
JUDGMENT OR JUOGMENTS ONE OR MORE E)(ECUTIONS MAY ISSUE IMMEDIATELy; AND FOR SO DOING. THIS NOTE OR A COPY OF THI~c
NOT~ VERIFIED BY .aFFIDAVIT SHALL BE SUFFICIENT WARRANT. ~ AUTHORI3Y GRANTED IN THIS NOTE TO C(]NFESS JUDGMEN1
AGAINST BORROWER SHALL NOT SE EXHAUSTED BY ANY E~r. RCL~IE OF THAT AUTHC)FIrTY, BUT SHALL CONTINUE PROM 'RME TO T[ME AN£
AT ALL TIMES UNTIL PAYMF. NT tN FULL OF ALL AMOUNTS DUE UNDER THIS NOTE. BORROW~q H~-REBY WAIVES ANY RIGHT BORROWEF
MAY HAVE TO No'rICE OR TO A HEARING IN CONNECTION WITH ANY SUCH CONFES~ON OF JUDGMENT. EXCEPT ANY NCTTlCE AND/OF
HEARING RECURRED UNDER APPECABLE LAW WiTH RE..SPECT TO E)~CUTION OF THE JUDGMENT, AND STATES THAT EITHER .~
REPRESENTATIVE OF LENDER SPECIFICALLY CALLED THIS CONFESSION OF JUDGMENT PROVISION TO BERRY'S ATTENTION O1:
g0RROWER HAS BEEN REPRESENTED BY INDEPENDENT LEC3AL COUNSEL-
PRIOR TO SIGHING THIS NOTE, BORROWER RE~O ANO UHOERSTOOD ALL THE PROVISIONS OF THIS NOTE. BORROWER AGREES T(
THE TERMS OF THE NOTE AND ACKNOWL£DGES RECEIPT OF A COMPL]= ~ ~u COPY OF THE NOTE.
THIS NOTE HAS laEE~I SIGNED AND SEALED BY THE UNDERSIGNI~3.
BORROWER:
D~Vl S
"&IRK A.
03/30/01 11:05 "~5709616240 PNC SPEC. ASSETS ~008/011
b ... PROMISSORY NOTE
n~ip~; :, ;~{,~an?Date [ Ee~n Nq:~J Cai .[:co ate~ [ :::Acne,pi offie~ initials
References in the s~aded ~ea are for Lender's use only and do nat limit the aoolicablii~ of this document [o any Oanicular loan or item.
l~o~rower: DAVIS ~REENHOUSE. INC. (TIN: 2'3248a2o5) Lender:
103 HAMMOND ROAD
SHIPPENSBURG, PA 17257
PNC BANK, NATIONAL ASSOCtATION ,~//~
4;242 CARIJ-~t.E PIKE
CAMP HILL, PA 17003~874 ~/~
Principal Amount: $250,000.00 Date of Note: November 20, 1998
PROMISE TO PAY. DAVIS GREENHOUSE, INC, ("Borrower") promises te pay te PNC BANK. NATIONAL ASSOCIATION ("Lender"), ar order, tn
la~fUl money of the United Slates o! America, the principal amount of TWO Hundred Fitly Thousand & aOll0e Dollars ($250,00e.o0), together
wllh interest on the unpaid principal balance fi'om November 20, 1998, until patti in tull.
PAYMENT. Borrower will pay this loan In accordance With the following payment schedule:
G consecutive monthly interest payments, beginning December 20, 1998, with Interest calculated on the unpaid principal
balances at an Interest rate of 7.500% per a~num; 29 consecutive monthly principal and interest payments of $2,369.72
cacti, beginning June 29, 1999. with Interest calculated on the unpaid principal balances at an interest rate of 7.500% per
annum; and 1 principal and Interest payment of ,~22~,0~3.64 on December 20, 2001, with interest calculated on the unpaid
principal balances at as interest rate of 7.500% per annum. This estimated final payment is based on the assumption that
all payments will be made exactly as scheduled; the actual ftna[ payment will be for alt prlncipat a0d accrued interest not
yet p~id, tegethL~ with any other unpaid amounts under this Note-
The annual interest rate for this Note Is computed nn a 365t36~3 basis: that is, by applying the ratio of the annual interest rate over a year of 360 days,
~xultiplied by the off. to,ding principal balance, m~fipliad by the aotual number of days the principal balance is outstanding. Borrower will pay L~nder
at Lender's address shown abov~ or at such other place as Lender may designate in ~iting. Unless otheewisa agreed or required by applicable Iow,
payment~ will be applied flint to accrued unpaid interest, ~hen to principal, and any remaining amount to any unpaid collection costs and late chattier.
pREPAYMENT pENN_TY. Upon prepayment of this Note, Lender Is entitled to the following prepayment penally: On any business day, upon
payment of all acc~le~l unpaid interest on tills NeE, and upon five (5) business day's prior written notice to Lender, the Bar[ewer may prepay
all or part of the outstanding principal of this Note; provided, however, that the Borrower also3 agrees to pay Lender a~ compensation for the
cost O! advancing fixed rate funds, an amount equal to the Cost of Prepayment.
"cost of Prepayment" means an amount equal to the present value, It positive, of the product of la) the difference between ii) ti~e yield, on the
,~ate of this Note. of a U. S. Treasury obligation with a malurity similar to this Note minus (il) the yield on the prepayment date. of a U. S.
Treasury obligation with a mortally similar to the remaining maturity of Ibis Note and (b) the principal amount to be prepaid, and (c) the
n~umber of years, including fractional years, from the prepayment date to the maturity date of this Note. The yield on any U. S. Treasury
obllgalinn shall t3e detemllne~l by reference to Federal Rase~e Statistical ReleaSe H.15($19) "Selected Interest Rates". For purposes Of
03/30/01 11:06 85709616240 PNC SPEC. ASSETS
' '~ ~ : ' ~]009/011
G~ PR~iSIONS. ~nder may del
dmerm/ned to be unenviable, Jt will not a~ the en~bi~ ~ ~ny ofh~ ~o~ of tb~ NO~.
~N~SS/O~ OF JUDGM~T. BO~OWER ad~. I~a~p~on of this No~
O~ C~RK OF A~ C~RT IN ~E COMMONW~L~ ~ ~NNS~v~,
A OEFA~T UNDER ~IS NO~. A~ WI~ OR WI~O~ COMP~j~ mien. ~ OF A~ ~M, CO.SS OR
8ORROW~ FOR ~E E~RE PRINOPAL ~REBY IRR~oCABLy A~RI~s ~D EM~OW~s A~ A~N~ OR ~E PRO.ON.AR
~PEND~ B~NCE OF THIS N~,
OR ~VANC~ BY ~ND~ RE~ TO A~ C~ I~E~, ~ CHARGES, A~ A~ ~D ~ AMOU~
~CR~ )~E~ FOR ~ ~UH~8 CO~/~ON OF ~ I~ O
JU~M~ OR JUDGME~s ONE ~ MORE ~C~ONS MAY -'~"'
AT ALL ~MES U~[L PAYME~ IN F~ OF ~ AMO~s DUE U~
MAY ~VE TO NOTICE OR TO A H~I~ IN CONNE~ON W~ ~ B~ROw~ ~y WAI~S A~-R~ B~W~
~ING REQuIR~ U~ER APPLI~BLE ~W W~ RES~
REPRESE~ATIVE OF ~NDER SPECJFIC~y CArD ~IS CONiStON ~ JUDGME~ P~SION
BORROWER ~S BEEN RE~E~N~D By INDEPENDE~ ~G~ ~NS~
~IOR ~ SIGNING ~IS N~ BORROW~ R~D ANO UNO~OOO ~ ~ PR~ISIONS OF ~IS NOTE. ~RO~ AGR~S TO
~E TERMS OF ~E N~E AND ACKNOW~GES RE~I~ OF A COM~
~IS NO~ HAS BEEN SIGN~ ~D 5E~ BY T~ ~O~SI~. '
BORROWER:
?177373487 SAIDIS SHUFF MASLAND 710 PI~ SUL 16 '0~ 14:58
PNC BANK, NATIONAL ASSOCIATION,
Plaintiff
MARK A. DAVIS AND JANET O. DAVIS,
Defendants
13I THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO.
CONFESSION OF YUDGMENT
CIVIL ACTION - LAW
VERIFICATION
I, John Corcorarl, 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 true 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
Date:
65;r61m Corcoran
PNC BANK, NATIONAL ASSOCIATION,
Plaintiff
MARK A. DAVIS AND JANET G. DAVIS,
Defendants
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
CONFESSION OF JUDGMENT
CIVIL ACTION - LAW
AFFIDAVIT OF NON-MILITARY SERVICE
TO THE PROTHONOTARY:
I do certify, to the best of my knowledge, that the Defendants, Mark A. Davis and Janet G.
Davis, in the above-captioned action are not presently on active or nonactive military status.
Date: 5~--r za O"o~
Respectfully submitted,
SAIDIS, SHUFF, FLOWER & LINDSAY
I~arl M. Ledebo~n, Esqhire
Supreme Court ID #59012
2109 Market Street
Camp Hill, PA 17011
(717) 737-3405
Attorney for Plaintiff
PNC BANK, NATIONAL ASSOCIATION,
Plaintiff
MARK A. DAVIS AND JANET G. DAVIS,
Defendants
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
: CONFESSION OF JUDGMENT
: CiVIL ACTION - LAW
CERTIHCATE OF ADDRESSES
I hereby certify that the precise address of Plaintiff, PNC Bank, National Association, is
4242 Carlisle Pike, Camp Hill, Pennsylvania 17011; and that the last known address of the
Defendants, Mark A. Davis and Janet G. Davis, is 107 Hammond Road, Shippensburg,
Pennsylvania 17257.
Date:
Respectfully submitted,
SA/DIS, SHUFF, FLOWER & LINDSAY
I~l M. Led~bohfia, Esquirec
Supreme Court 112) #59012
2109 Market Street
Camp Hill, PA 17011
(717) 737-3405
Attorney for Plaintiff
PNC BANK, NATIONAL ASSOCIATION,
Plaintiff
MARK A. DAVIS AND JANET G. DAVIS,
Defendants
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
: CONFESSION OF JUDGMENT
: 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.
Respectfully submitted,
SAIDIS, SHUFF, FLOWER & LINDSAY
By'. ~M~.~ed~eb ¢¢)~t~--~"'
ohm, Esquire
Supreme Court ID #59012
2109 Market Street
Camp Hill, PA 17011
(717) 737-3405
Attorney for Plaintiff